C.R.S. Section 24-32-3209
Comprehensive planning disputes

  • development plan disputes
  • mediation
  • list of qualified professionals to assist in mediating land use disputes
  • definitions

(1)

As used in this section, unless the context otherwise requires:

(a)

“Comprehensive plan” means the master plan of a local government adopted pursuant to section 30-28-106 or 31-23-206, C.R.S., or an amendment to such plan.

(b)

“Comprehensive planning dispute” means a dispute between two or more local governments regarding a comprehensive plan.

(c)

“County” means a home rule or statutory county.

(c.5)

“Development plan” means a mutually binding and enforceable development plan established pursuant to section 29-20-105 (2), C.R.S., by intergovernmental agreement between the county or counties in which land to be annexed is located and a municipality or between any two or more municipalities located within such county or counties.

(d)

“Landowner” means any owner of record of state, municipal, or private land and includes an owner of any easement, right-of-way, or estate in the land.

(e)

“Local government” means a municipality or a county.

(f)

“Mediation” means an intervention in comprehensive planning dispute negotiations by a trained neutral third party with the purpose of assisting the local governments in reaching their own solution to the dispute.

(g)

“Municipality” means a home rule or statutory city, town, territorial charter city, or city and county.

(h)

“Neighboring jurisdiction” means the following:

(I)

For a county, any adjacent county and any municipality that is wholly or partially located within the boundaries of the county or within three miles of any boundary of the county; and

(II)

For a municipality, each county within which the municipality is wholly or partially located and any county or municipality that is located within three miles of any boundary of the municipality.

(2)

Intentionally left blank —Ed.

(a)

Each local government shall provide to each neighboring jurisdiction written notice of the public hearings at which the comprehensive plan of the local government is to be considered and a copy of the proposed comprehensive plan. Such neighboring jurisdiction may review the comprehensive plan and submit comments to the local government prior to the first hearing on such plan by the local government.

(b)

A neighboring jurisdiction may file a written objection to a comprehensive plan with a local government at any time up to and including thirty days after the adoption of such plan. Such objection may include a request for the local government to participate in a mediation of the comprehensive planning dispute with the neighboring jurisdiction coordinated by the department through the office using a mediator from the list maintained pursuant to subsection (6) of this section. Such local government shall participate in the mediation upon the request of the neighboring jurisdiction.

(c)

If a neighboring jurisdiction has more than one objection to a comprehensive plan, all such objections shall be considered together in the mediation conducted pursuant to this subsection (2). A neighboring jurisdiction requesting such dispute resolution or mediation process shall pay for the costs of the mediator’s services.

(2.3)

Intentionally left blank —Ed.

(a)

The parties to an intergovernmental agreement establishing a development plan shall provide notice and a copy of the agreement, together with a map demonstrating the territory covered by the agreement, to each neighboring jurisdiction.

(b)

Each municipality that has received a petition for annexation filed pursuant to section 31-12-107, C.R.S., which annexation covers territory included within the boundaries encompassed within a development plan to which the municipality is not a party, and that has received notice and a copy of the plan in accordance with the requirements of paragraph (a) of this subsection (2.3) shall provide to the parties to the development plan written notice of the petition for annexation, as well as a copy of the petition, prior to the referral of the petition by the municipal clerk to the governing body of the municipality pursuant to section 31-12-107 (1)(f), C.R.S. Where any portion of the area to be annexed under the petition is located within the boundaries of a development plan, each neighboring jurisdiction that is a party to such plan may file with the governing body of the annexing municipality a written objection to the petition no later than thirty days after receipt of the petition in accordance with the requirements of this paragraph (b). In the written objection filed, the neighboring jurisdiction may additionally request that the annexing municipality participate in a mediation of the dispute arising out of the petition with the assistance of a qualified professional from the list of such professionals maintained by the department pursuant to subsection (6) of this section. Upon the request of any neighboring jurisdiction that is a party to the development plan, the annexing municipality shall participate in the mediation required by this paragraph (b).

(c)

No petition for annexation shall be referred by a municipal clerk to the governing body of the municipality for any action pursuant to section 31-12-107 (1)(f), C.R.S., until:

(I)

The mediation required by paragraph (b) of this subsection (2.3) is completed; or

(II)

Not less than ninety days have passed from the date on which the municipality in receipt of the petition for annexation was notified of a request to mediate by a neighboring jurisdiction pursuant to paragraph (b) of this subsection (2.3).

(d)

Notwithstanding any other provision of law, the costs of obtaining the assistance of a qualified professional in accordance with the requirements of paragraph (b) of this subsection (2.3) shall be assumed by the neighboring jurisdiction requesting the mediation. Where more than one neighboring jurisdiction requests the mediation, the costs of obtaining the assistance of a qualified professional shall be allocated pro rata between or among all such jurisdictions.

(3)

In the alternative to a mediation conducted pursuant to this section, the parties to the dispute may use an existing intergovernmental agreement or a new agreement to resolve the disputes in whatever manner the local governments determine.

(4)

In conducting a mediation pursuant to this section, the mediator shall consider information provided by any landowner in the land area that is subject to the dispute and may consider such other information as is presented by other interested persons.

(5)

Any agreement or understanding reached between two or more local governments in the course of conducting a mediation in accordance with subsection (2) of this section shall not be binding in the event that such governments are ultimately unsuccessful in resolving their comprehensive planning or development plan dispute.

(6)

To fulfill its role in coordinating a mediated solution to disputes between and among local governments, the department shall maintain a list of qualified professionals that are available to assist in resolving land use disputes arising between local governments. Such list shall include only those persons and organizations the department determines have professional expertise and skills in land use, planning, zoning, subdivision, annexation, real estate, public administration, mediation, arbitration, or related disciplines. Such list shall be made available to governmental entities and the public through the office created by this part 32 for the purpose of facilitating the resolution of disputes between or among local governments arising out of land use matters.

Source: Section 24-32-3209 — Comprehensive planning disputes - development plan disputes - mediation - list of qualified professionals to assist in mediating land use disputes - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑32‑101
Legislative declaration
24‑32‑102
Definitions
24‑32‑103
Division of local government - created
24‑32‑104
Functions of the division - interconnectivity grant program - interconnectivity grant program fund - reporting - definition
24‑32‑105
Limitation of authority of division
24‑32‑106
Powers of the director
24‑32‑107
Payment of expenses and salaries
24‑32‑108
Establishment of a file
24‑32‑109
Notice of change - failure to file - effect
24‑32‑115
Economic self-sufficiency - development of standards - rules - fund - legislative declaration
24‑32‑116
Inventory of local governmental entities - information required - definitions
24‑32‑118
Military and community partnerships
24‑32‑118.5
Mobile veterans-support unit grant program - fund created - report - definitions - repeal
24‑32‑119
Gray and black market marijuana enforcement grant program - report - definition
24‑32‑120
Justice reinvestment crime prevention initiative - program - rules - cash funds - reports - definitions - repeal
24‑32‑121
Colorado resiliency office - creation - director - repeal
24‑32‑122
Colorado resiliency office - duties and powers - repeal
24‑32‑123
Defense counsel on first appearance grant program - rules - report - definition - repeal
24‑32‑124
Law enforcement community services grant program - committee - policies and procedures - fund - rules - report - definitions
24‑32‑126
Strategic action plan for upcoming decennial census
24‑32‑127
Community substance use and mental health services grant program - creation - legislative intent
24‑32‑128
Rural economic development initiative grant program - creation - report - definitions
24‑32‑130
Local government affordable housing development incentives grant program - local government planning grant program - creation - report - definitions
24‑32‑131
Best practices in policing study
24‑32‑132
Small community-based nonprofit infrastructure grant program - creation - legislative declaration - definitions - repeal
24‑32‑133
Infrastructure and strong communities grant program - creation - fund - reporting - definitions - repeal
24‑32‑134
Disaster resilience rebuilding program - fund - creation - policies - report - definitions
24‑32‑202
Division of planning - creation
24‑32‑203
Duties of the division of planning
24‑32‑204
Population statistics, estimates, and projections
24‑32‑205
Assistance to local planning agencies
24‑32‑207
Reference in contracts, documents
24‑32‑301
Division of commerce and development - creation - director - assistants
24‑32‑302
Purpose
24‑32‑303
Authority and responsibility of the director
24‑32‑305
Offices of division - expenses and salaries - reports and publications
24‑32‑306
Matching funds - gifts - bequests
24‑32‑307
Reference in contracts, documents
24‑32‑701
Short title
24‑32‑702
Legislative declaration
24‑32‑703
Definitions
24‑32‑704
Division of housing - director
24‑32‑705
Functions of division
24‑32‑705.5
Annual public report on funding of affordable housing preservation and production - definition - repeal
24‑32‑706
State housing board
24‑32‑707
Powers of board
24‑32‑717
Housing investment trust fund - loans - definitions
24‑32‑718
Publicly assisted housing - notice of termination - database - high energy performance building standard program - definitions
24‑32‑721
Colorado affordable housing construction grants and loans - housing development grant fund - creation - housing assistance for persons with behavioral, mental health, or substance use disorders - cash fund - appropriation - report to general assembly - rules - definitions - repeal
24‑32‑721.3
Middle income access program - contract with Colorado housing and finance authority for administration of funds - appropriation
24‑32‑721.7
Affordable housing guided toolkit and local officials guide program - creation
24‑32‑723
Office of homeless youth services - creation - function - duties - definitions
24‑32‑724
Fort Lyon property - supportive residential community - definitions - repeal
24‑32‑726
Financial literacy and exchange program - creation - FLEX accounts - FLEX cash fund - short title - legislative declaration - definitions
24‑32‑727
Denver-metropolitan regional navigation campuses grant - regional navigation campuses cash fund - creation - definitions
24‑32‑728
Mobile home park resident empowerment loan program - fund - creation - policies - report - legislative declaration - definitions
24‑32‑729
Transformational affordable housing through local investments - grant program - investments eligible for funding - report - definitions - repeal
24‑32‑730
Ridge View Supportive Residential Community at the Ridge View campus - report - legislative declaration
24‑32‑731
Revolving loan fund - eligible projects - report - definitions - legislative declaration
24‑32‑732
Connecting Coloradans experiencing homelessness with services, recovery care, and housing supports grant program - funding - report - definitions - repeal
24‑32‑733
Task force on corporate housing ownership - creation - membership - issues of study - additional duties - report - compensation - staff support - definitions - repeal
24‑32‑801
Legislative declaration
24‑32‑802
Office of rural development created
24‑32‑803
Duties of the office
24‑32‑901
Legislative declaration
24‑32‑902
Definitions
24‑32‑904.5
Compliance with national standards - recreational park trailers - recreational vehicles
24‑32‑907
Injunctive relief
24‑32‑909
Violation - penalty
24‑32‑1201
Legislative declaration
24‑32‑1202
Definitions
24‑32‑1203
State clearinghouse designated - duties - limitations
24‑32‑1620
Effect of repeal of sections
24‑32‑1701
Short title
24‑32‑1702
Legislative declaration
24‑32‑1703
Definitions
24‑32‑1704
Allocation of state ceiling
24‑32‑1705
Allocations to state issuing authorities
24‑32‑1706
Allocations to designated local issuing authorities
24‑32‑1707
Statewide balance
24‑32‑1708
Bond issuance and mortgage credit certificate election - reporting requirement
24‑32‑1709
Application for allocation from statewide balance
24‑32‑1709.5
Administrative costs of the department - private activity bond allocation fund - creation
24‑32‑1710
Notifications and validity of allocations from the statewide balance
24‑32‑1711
Statewide balance carryforward allocations
24‑32‑1712
Time period must end on business day
24‑32‑1713
Effect of mortgage credit certificate election or issuance of bonds without allocation
24‑32‑1714
Severability
24‑32‑1715
Agreement with bond owners
24‑32‑2001
Legislative declaration
24‑32‑2002
Definitions
24‑32‑2003
Colorado youth conservation and service corps council - creation - membership - duties
24‑32‑2004
Colorado youth service corps established - director’s duties
24‑32‑2005
Duties and functions of the youth service corps
24‑32‑2006
Colorado youth service corps - criteria for enrollment
24‑32‑2007
Local youth employment opportunities
24‑32‑2008
Placement under work agreements
24‑32‑2009
Youth service corps members - compensation - scholarship
24‑32‑2010
Youth service corps members not to displace current workers
24‑32‑2011
Acceptance and utilization of funds
24‑32‑2012
Colorado youth service corps fund - created
24‑32‑2013
Conflict with federal requirements
24‑32‑3001
Community-based access grant program - powers and duties of department of local affairs - definitions - legislative declaration
24‑32‑3201
Legislative declaration
24‑32‑3202
Definitions
24‑32‑3203
Office of smart growth - creation - powers and duties of executive director
24‑32‑3204
Powers and duties of the office of smart growth
24‑32‑3205
Qualifications
24‑32‑3207
Colorado heritage communities fund - creation - source of funds
24‑32‑3208
Additional sources of funding
24‑32‑3209
Comprehensive planning disputes - development plan disputes - mediation - list of qualified professionals to assist in mediating land use disputes - definitions
24‑32‑3301
Legislative declaration
24‑32‑3302
Definitions
24‑32‑3303
Division of housing - powers and duties - rules
24‑32‑3304
State housing board - powers and duties - rules
24‑32‑3305
Rules - advisory committee - enforcement
24‑32‑3306
Recognition of similar standards - compliance with standards
24‑32‑3307
Noncompliance with standards
24‑32‑3308
Violation - penalty
24‑32‑3309
Fees - building regulation fund - rules
24‑32‑3310
Local enforcement
24‑32‑3311
Certification of factory-built structures - rules
24‑32‑3312
Notification and correction of defects
24‑32‑3314
Cooperation with department of revenue
24‑32‑3315
Installers of manufactured homes and tiny homes - registration - fees - educational requirements - rules
24‑32‑3315.5
Contract for the installation of manufactured homes and tiny homes - requirements
24‑32‑3316
Compliance with manufacturer’s installation instructions
24‑32‑3317
Installation of manufactured homes and tiny homes - authorization - certificates - inspections - inspector qualification and education requirements - rules
24‑32‑3318
Local installation standards preempted
24‑32‑3319
Prohibited acts
24‑32‑3320
Penalty for violation
24‑32‑3321
Investigations of consumer complaints
24‑32‑3323
Sellers of manufactured homes and tiny homes - registration
24‑32‑3324
Escrow and bonding requirements - rules
24‑32‑3325
Contract for sale of manufactured home or tiny home - requirements
24‑32‑3326
Unlawful sales practices - manufactured homes and tiny homes - fines
24‑32‑3327
Inspections
24‑32‑3328
Tiny homes - standards - rules
24‑32‑3329
Local governments inspections of tiny homes - connection to utilities - rules
24‑32‑3501
Peace officers behavioral health support and community partnerships grant program - created - report - rules - fund - definitions - repeal
24‑32‑3502
Public defender and prosecutor behavioral health support program - policies - report - fund
24‑32‑3601
Short title
24‑32‑3602
Legislative declaration
24‑32‑3603
Definitions - rules
24‑32‑3604
Rural economic advancement of Colorado towns - coordination of nonmonetary assistance - application - rules
Green check means up to date. Up to date

Current through Fall 2024

§ 24-32-3209’s source at colorado​.gov