Colo. Rev. Stat. » Title 34
Colorado Revised Statutes

Colo. Rev. Stat. § 34-1-305 (2026)

Preservation of commercial mineral deposits for extraction

✓ current as of July 2026
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(1) After July 1, 1973, no board of county commissioners, governing body of any city and county, city, or town, or other governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance, or other official action or inaction, permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor.

(2) After adoption of a master plan for extraction for an area under its jurisdiction, no board of county commissioners, governing body of any city and county, city, or town, or other governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance, or other official action or inaction, permit the use of any area containing a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor.

(3) Nothing in this section shall be construed to prohibit a board of county commissioners, a governing body of any city and county, city, or town, or any other governmental authority which has control over zoning from zoning or rezoning land to permit a certain use, if said use does not permit erection of permanent structures upon, or otherwise permanently preclude the extraction of commercial mineral deposits by an extractor from, land subject to said use.

(4) Nothing in this section shall be construed to prohibit a board of county commissioners, a governing body of any city and county, city, or town, or other governmental authority which has control over zoning from zoning for agricultural use, only, land not otherwise zoned on July 1, 1973.

(5) Nothing in this section shall be construed to prohibit a use of zoned land permissible under the zoning governing such land on July 1, 1973.

(6) Nothing in this section shall be construed to prohibit a board of county commissioners, a governing body of any city and county, city, or town, or any other governmental authority from acquiring property known to contain a commercial mineral deposit and using said property for a public purpose; except that such use shall not permit erection of permanent structures which would preclude permanently the extraction of commercial mineral deposits. Source: L. 73: p. 1048, § 1. C.R.S. 1963: § 92-36-5. L. 75: (6) added, p. 1336, § 2, effective June 29.

JOINT REVIEW PROCESS ARTICLE 10 Colorado Joint Review Process 34-10-101 to 34-10-104. (Repealed) Editor's note: (1) This article was added in 1983. For amendments to this article prior to its repeal in 1996, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

(2) Section 34-10-104 provided for the repeal of this article, effective July 1, 1996. (See L. 91, p. 689.)

MINES AND MINERALS Health and Safety ARTICLE 20 Mining - Legislative Declaration and Definitions Editor's note: This article was numbered as article 1 of chapter 92, C.R.S. 1963. The provisions of this article were repealed and reenacted in 1988, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1988, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. sections are shown in editors' notes following those sections that were relocated.

Notes of Decisions
Cited in 8 cases, 1983–1988 · leading case: Glennon Heights, Inc. v. Cent. Bank & Trust, 658 P.2d 872 (Colo. 1983).
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Glennon Heights, Inc. v. Cent. Bank & Trust, 658 P.2d 872 (Colo. 1983). · cites it 3× “See section 34-1-305, C.R.S.1973; and sections 31-23-301(2), 31 — 23—303(2)(b), C.”
Cottonwood Farms v. Bd. of Cnty. Commissioners, 725 P.2d 57 (Colo. Ct. App. 1986). · cites it 5× “future extraction of such deposit by an extractor,” § 34-1-305, C.R.S., and by placing that limitation on uses of the site, has “taken” without just compensation the possibility of other uses of the property.”
C & M Sand & Gravel, Div. of C & M Ready Mix Concrete Co. of Boulder v. Bd. of Cnty. Commissioners, 673 P.2d 1013 (Colo. Ct. App. 1983). · cites it 2× “” Section 34-1-305(1) and (2), C.R.S. 1973.”
Cottonwood Farms v. Bd. of Cnty. Commissioners, 763 P.2d 551 (Colo. 1988). · cites it 4× “Section 34-1-305, 14 C.R.S. (1984), provides in pertinent part as follows: Preservation of commercial mineral deposits for extraction.”
Three Bells Ranch Assocs. v. Cache La Poudre Water Users Ass'n, 758 P.2d 164 (Colo. 1988). “§ 34-1-305, 14 C.R.S. (1984). In addition, the Mined Land Reclamation Act provides that extraction of these minerals is a necessary and proper activity that is compatible with land reclamation.”
Grynberg v. City of Northglenn, 739 P.2d 230 (Colo. 1987). “” § 34-1-305(1), (2). The defendants argue that the geological survey act reflects the policy of the state in favor of public acquisition of information regarding the nature and location of coal and other commercial mineral deposits in populous counties such as Weld County.”
W. Paving Constr. Co. v. Jefferson Cnty. Bd. of Cnty. Commissioners, 689 P.2d 703 (Colo. Ct. App. 1984). · cites it 2× “The court found that the evidence supported the denial, that traffic considerations were proper bases for denial, that the standards used were adequate, that the zoning regulations did not conflict with state statutes, and that this result was consistent with § 34-1-305(5),…”
Grynberg v. City of Northglenn, 703 P.2d 601 (Colo. Ct. App. 1985). · cites it 2× “), and also to obtain a zoning change, pursuant to the Colorado Geological Survey Act, § 34-1-305(2), C.R.S. (1984 Repl.Vol. 14).”
— Colo. Rev. Stat. § 34-1-305(1) — 2 cases
C & M Sand & Gravel, Div. of C & M Ready Mix Concrete Co. of Boulder v. Bd. of Cnty. Commissioners, 673 P.2d 1013 (Colo. Ct. App. 1983). “” Section 34-1-305(1) and (2), C.R.S. 1973.”
Grynberg v. City of Northglenn, 739 P.2d 230 (Colo. 1987). “” § 34-1-305(1), (2). The defendants argue that the geological survey act reflects the policy of the state in favor of public acquisition of information regarding the nature and location of coal and other commercial mineral deposits in populous counties such as Weld County.”
— Colo. Rev. Stat. § 34-1-305(2) — 1 case
Grynberg v. City of Northglenn, 703 P.2d 601 (Colo. Ct. App. 1985). “), and also to obtain a zoning change, pursuant to the Colorado Geological Survey Act, § 34-1-305(2), C.R.S. (1984 Repl.Vol. 14).”
— Colo. Rev. Stat. § 34-1-305(5) — 3 cases
Cottonwood Farms v. Bd. of Cnty. Commissioners, 725 P.2d 57 (Colo. Ct. App. 1986). “future extraction of such deposit by an extractor,” § 34-1-305, C.R.S., and by placing that limitation on uses of the site, has “taken” without just compensation the possibility of other uses of the property.”
Cottonwood Farms v. Bd. of Cnty. Commissioners, 763 P.2d 551 (Colo. 1988). “Section 34-1-305, 14 C.R.S. (1984), provides in pertinent part as follows: Preservation of commercial mineral deposits for extraction.”
W. Paving Constr. Co. v. Jefferson Cnty. Bd. of Cnty. Commissioners, 689 P.2d 703 (Colo. Ct. App. 1984). “The court found that the evidence supported the denial, that traffic considerations were proper bases for denial, that the standards used were adequate, that the zoning regulations did not conflict with state statutes, and that this result was consistent with § 34-1-305(5),…”
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