Colo. Rev. Stat. » Title 30
Colorado Revised Statutes

Colo. Rev. Stat. § 30-28-127 (2026)

Public utilities exceptions

✓ current as of July 2026
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None of the provisions of this part 1 shall apply to any existing building, structure, or plant or other equipment owned or used by any public utility. After the adoption of a plan, all extensions, betterments, or additions to buildings, structures, or plant or other equipment of any public utility shall only be made in conformity with such plan, unless, after public hearing first had, the public utilities commission orders that such extensions, betterments, or additions to buildings, structures, or plant or other equipment are reasonable and that such extensions, betterments, or additions may be made even though they conflict with the adopted plan.

Source: L. 39: p. 309, § 27. CSA: C. 45A, § 27. CRS 53: § 106-2-27. C.R.S. 1963: § 106-2-26.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1992–2025 · leading case: Douglas Cnty. Bd. of Commissioners v. Pub. Utils. Comm'n, 829 P.2d 1303 (Colo. 1992).
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Douglas Cnty. Bd. of Commissioners v. Pub. Utils. Comm'n, 829 P.2d 1303 (Colo. 1992). · cites it 46× “1 The district court determined that: (1) The Douglas County Board of Commissioners (Douglas County) had standing to request judicial review of the action of the PUC; (2) the PUC acted in a quasi-judicial capacity in rendering its decision; and, (3) the public utilities…”
Pub. Serv. Co. of Colorado v. Van Wyk, 27 P.3d 377 (Colo. 2001). · cites it 8× “Douglas County appealed this grant and the Douglas County District Court reversed PUC's decision, finding the public utilities exception to the Colorado Land Use Act, § 30-28-127, 9 C.R.S. (2000)(permitting PUC to order improvements even if they modify a county's master land use…”
Douglas Cnty. Bd. of Commissioners v. Pub. Utils. Comm'n, 866 P.2d 919 (Colo. 1994). · cites it 17× “PSCo then filed an application with the PUC pursuant to section 30-28-127, 12A C.R.S. (1986), which authorizes the PUC to order improvements to public utility equipment, including electric transmission lines, even though the improvement is disaecordant with the county’s adopted…”
Am. Heritage Railways, Inc. & The Durango & Silverton Narrow Gauge R.R. Co. v. Colorado Pub. Utils. Comm'n, & La Plata Cnty., Colorado. Intervenor-Appellee, 2025 CO 27 (Colo. 2025). · cites it 71× “Whether the County lacked standing to seek, and the PUC lacked jurisdiction to issue, a declaratory ruling interpreting and applying C.R.S. § 30-28-127, which is not part of the Public Utilities Law and governs land use regulation in a county.”
Romer v. Bd. of Cnty. Commissioners, 956 P.2d 566 (Colo. 1998). · cites it 4× “PSCo's request was made pursuant to the public utilities exception statute, see § 30-28-127, 12A C.R.S. (1986), which authorizes the PUC to order improvements to public utility equipment (including power lines), although the improvement derogates from a county's adopted land use…”
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