Colorado Revised Statutes

Colo. Rev. Stat. § 31-1-102 (2026)

Application - legislative intent

✓ current as of July 2026

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(1) In the recodification of this title, certain provisions which previously applied or may have been interpreted to apply to limited categories of municipalities have been applied to all municipalities, whether statutory, home rule, or special territorial charter. Except for those provisions which expressly apply only to limited categories of municipalities, it is the intent of the general assembly that the provisions of this title shall apply to home rule municipalities except insofar as superseded by charter or ordinance passed pursuant to such charter and to all statutory cities and towns and shall be available to special territorial charter cities and towns unless in conflict with the charters thereof. The general assembly further declares that in the recodification of this title and in the use of the term "municipality" in this title there is no legislative intent to affect or modify the application of the provisions of this title with respect to preemption of home rule or special territorial charter powers, which preemption may or may not have existed on the effective date of this recodification (July 1, 1975). The use of the term "municipality" in future additions or amendments to this title shall not in and of itself create a presumption for or against preemption of home rule or special territorial charter powers.

(2) Where any power is granted in this title to a specific municipal official or group of officials, that power may be exercised within any home rule municipality by the officials, to the extent and in the manner, designated in the particular home rule charter or ordinance passed pursuant to such charter.

Source: L. 75: Entire title R&RE, p. 1006, § 1, effective July 1.

PART 2

CLASSIFICATION OF MUNICIPALITIES

Notes of Decisions

Cited in 2 cases, 2005–2018 · leading case: Save Cheyenne v. The City of Colorado Springs, 2018 COA 18 (Colo. Ct. App. 2018).

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Save Cheyenne v. The City of Colorado Springs, 2018 COA 18 (Colo. Ct. App. 2018). · cites it 2× “See also § 31-1-102(1), C.R.S. 2017 (“[I]t is the intent of the general assembly that the provisions of this title shall apply to home rule municipalities except insofar as superseded by charter or ordinance passed pursuant to such charter .”

Allely v. City of Evans, 124 P.3d 911 (Colo. Ct. App. 2005). · cites it 7× “Plaintiffs assert that such a construction runs contrary to the provisions of § 31-1-102, C.R.S.2005. They assert that the cited provision evidences a legislative intent to apply all the provisions in Title 31 to home rule municipalities, thus making § 31-12-601 applicable.”

— Colo. Rev. Stat. § 31-1-102(1) — 2 cases

Save Cheyenne v. The City of Colorado Springs, 2018 COA 18 (Colo. Ct. App. 2018). “See also § 31-1-102(1), C.R.S. 2017 (“[I]t is the intent of the general assembly that the provisions of this title shall apply to home rule municipalities except insofar as superseded by charter or ordinance passed pursuant to such charter .”

Allely v. City of Evans, 124 P.3d 911 (Colo. Ct. App. 2005). “Plaintiffs assert that such a construction runs contrary to the provisions of § 31-1-102, C.R.S.2005. They assert that the cited provision evidences a legislative intent to apply all the provisions in Title 31 to home rule municipalities, thus making § 31-12-601 applicable.”

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