Land Use Planning in Colorado The Culture of Local Control Karen Berry, State Geologist and Director, Colorado Geological Survey PG, AICP 1
Colorado Land of Local Control 1 Local Governmental Structure 2 Land Use Laws and Local Control 3 Examples of Land Use and Local Control 2
How CGS Works with Local Governments Landfills Cities/Counties are required to send some types of land use plans and development proposals to CGS for review of geologic hazards and impacts to mineral resources Mission of CGS Help reduce the impact of geologic hazards Promote responsible development of water, mineral & energy resources Provide geologic advice and information to a variety of constituencies. 3
Types of Local Governments Municipalities Statutory Towns Territorial Charter Towns Statutory Cities Home Rule Special Districts 77 Different Types County Home Rule Statutory City and County Special Districts Airport Authorities Cemetery Districts Conservancy (Flood, River, Water) Conservation (Soil, Water) School, Library, Water, Fire, Transportation, Hospital, Ambulance, Power and Sanitation Districts 4
Number of Local Governments Special District Title 32 Article 1 Total Active Local Governments Special District Title 32 2010 2021 Examples include ambulance, health service, sanitation, fire protection, metropolitan, water, health assurance, park and recreation, water and sanitation 3505 Local Governments are political subdivisions of the state, most with elected boards, power to tax or access fees, provide services and create and enforce rules and regulations Examples include water conservancy, housing, airports, groundwater management and soil conservation 5
Brief Summary of Planning in Colorado 1 County Planning Act Counties must enact and enforce controls on land division and create a planning commission No statewide land use plan Plans, regulations, and codes are designated by each town, city or county and vary in complexity and procedures. 2 Local Land Use Control Enabling Act 3 Colorado Land Use Act Regulate land use impacts on community or surrounding area with some limitations 4 Areas and Activities of State Interest Established statewide planning agency but was never funded due to local concerns Local governments designate areas/activities of state interest and regulate development in those areas 6
Municipal Regulations 2010 Department of Local Affairs Survey 7
Municipal Regulations 2010 Department of Local Affairs Survey 8
County Areas and Activities of State Interest 2010 Department of Local Affairs Survey 9
Matters of Statewide, Local and Mixed Concerns Home Rule Municipality State of Colorado Power to create own charter, ordinances and laws that extend to all its local matters Can only supersede state law where the matter is of local concern Can regulate matters of mixed local & statewide concern Lines are seldom very clear Delegates enormous powers of self-government to home rule cities and to lesser extent home rule counties Retains Control of statewide concerns In case of a conflict on matters of mixed concern, state law supersedes local law 10
Florida Top Down Planning State Land Use Development Plan is used to guide regional and local planning Regional Planning Councils review developments of regional impact and help local governments prepare land use plans State Regional Planning State takes an active regulatory role in the review & approval of local land use plans Regional Councils must develop land use plans that conform to state plans Local governments may not issue building permits unless needed infrastructure can be funded and constructed before development occurs Local Governments Local land use plans are subject to state approval 11
Mixed Concern Example Landfills State of Colorado Sets rules to protect public safety and environment Local Government Can require stricter standards than state Reviews proposal for compliance with minimum state standards & regulations Sets and holds financial warranty Issues land use and operational permit Can t require additional financial assurance Does not issue permit to operate landfill Cannot issue permit without state approval 12
Mixed Concern Example Mining State of Colorado Sets rules to protect public safety and environment Local Government Issues land use approval Issues reclamation permits Sets rules on traffic, noise, visual impacts, etc. Sets and holds financial warranty Can t require financial assurance on reclamation Does not issue local land use approval Does not set reclamation standards, can t ban specific types of mining 13
Summary Good or Bad Wild West State Control Colorado has a long history of local government control. Home rule towns, cities and counties have strong powers of self-government Local governments land use plans, policies and regulations vary greatly across the state and even across counties. The creation of model codes can help create consistency. In matters of mixed concern, state law supersedes local law. Even then, local governments may still control traffic, noise, setbacks, or visual impacts. 14