C.R.S. Section 31-12-501
Application

  • enactment
  • filing
  • definitions

(1)

When the owner of a tract of land within and adjacent to the boundary of a municipality desires to have said tract disconnected from such municipality, such owner may apply to the governing body of such municipality for the enactment of an ordinance disconnecting such tract of land from such municipality. The owner shall also provide notice and a copy of the application to the board of county commissioners of the county in which the tract of land that is the subject of the application is located and to the board of directors of any affected special district. No later than the effective date of the disconnection of a particular tract of land, any vested property rights affecting the tract that have been established pursuant to article 68 of title 24 prior to such date that are possessed by the owner of the tract shall be expired or relinquished.

(2)

Intentionally left blank —Ed.

(a)

Not more than thirty days after receiving the notice required by subsection (1) of this section, either the board of county commissioners or the board of directors of any affected special district may request a meeting with the owner and the governing body of the municipality, or its appointee, to discuss and address any negative impacts on the county that would result from the disconnection. If such meeting is requested, the owner and the governing body or its appointee shall meet with either the board of county commissioners, or its appointee, or the board of any affected special district, or its appointee, not more than thirty days after the meeting was requested. Failure by either the board of county commissioners or the board of any affected special district to request a meeting constitutes an acknowledgment by the particular board that the disconnection will not adversely affect the county or an affected special district, as applicable.

(b)

As used in paragraph (a) of this subsection (2), “affected special district” means any special district that by its service plan or pursuant to an intergovernmental agreement is or will be expected to provide service to the tract of land that is the subject of the disconnection application. For purposes of paragraph (a) of this subsection (2), “negative impact” includes any change in the level or extent of services being provided to the tract of land by any special district.

(3)

On receipt of such application, the governing body of the municipality shall give due consideration to the disconnection application, and, if such governing body is of the opinion that the best interests of the municipality will not be prejudiced by the disconnection of such tract, it shall enact an ordinance effecting such disconnection.

(4)

If such an ordinance is enacted, it is immediately effective upon the required filing with the county clerk and recorder to accomplish the disconnection, and two certified copies thereof shall be filed by the clerk in the office of the county clerk and recorder of the county in which such tract lies. The county clerk and recorder shall file the second certified copy with the division of local government in the department of local affairs, as provided by section 24-32-109, C.R.S.

(5)

Intentionally left blank —Ed.

(a)

Any tract of land that has been disconnected from a municipality, whether by means of an ordinance enacted under subsection (3) of this section or a court decree that has been entered under part 6 of this article 12, shall be made subject to the applicable county’s zoning resolution and map and other land development regulations within ninety days after the effective date of the disconnection as described in subsection (4) of this section. Any provision of the county’s zoning resolution, zoning map, or zoning plan automatically applying a uniform zoning classification to all land that may be disconnected in the future is void and of no effect as to any particular tract of land. The county may institute the procedure specified in the Colorado Revised Statutes, in its zoning resolution or zoning plan, or in its other land development regulations to allow the particular tract of land to obtain the necessary land entitlements at any time after the county receives the notice from the municipality regarding enactment of an ordinance disconnecting the tract from the municipality described in subsection (1) of this section; except that any such zoning resolution, zoning plan, or other land development action shall not be enacted and made effective until the tract of land has been disconnected from the municipality in accordance with this section.

(b)

During the ninety-day period specified in subsection (5)(a) of this section, or such lesser time as is required to satisfy such requirement, the county may elect not to issue any building or occupancy permit for all or any portion of the land area that is the subject of the disconnection application.

(c)

Any county may commence the procedure specified in its own subdivision regulations to subdivide the tract of land that is the subject of the disconnection application at any time after the disconnection has been completed and the ordinance has been filed with the county clerk and recorder in accordance with subsection (4) of this section; except that the county shall not make a final decision approving the subdivision until zoning affecting the particular tract of land has been enacted in accordance with subsection (5)(a) of this section.

Source: Section 31-12-501 — Application - enactment - filing - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-31.­pdf (accessed Oct. 20, 2023).

31‑12‑101
Short title
31‑12‑102
Legislative declaration
31‑12‑103
Definitions
31‑12‑104
Eligibility for annexation
31‑12‑105
Limitations
31‑12‑106
Annexation of enclaves, partly surrounded land, and municipally owned land
31‑12‑107
Petitions for annexation and for annexation elections
31‑12‑108
Setting hearing date - notice given
31‑12‑108.5
Annexation impact report - requirements
31‑12‑109
Hearing
31‑12‑110
Findings
31‑12‑111
Annexation without election
31‑12‑112
Election - annexation pursuant to election
31‑12‑113
Effective date of annexation - required filings
31‑12‑114
Conflicting annexation claims of two or more municipalities
31‑12‑115
Zoning of land while annexation is under way - zoning of newly annexed land - subdivision of land while annexation is under way - regulatory impairments affecting newly annexed land used for agricultural purposes - notice - definitions
31‑12‑116
Review
31‑12‑117
Effect of review and of voiding of annexation ordinance by court order
31‑12‑118
Priority of annexation proceedings
31‑12‑118.5
Effect of incorporation proceedings in an area of more than seventy-five thousand inhabitants - annexation ordinance - legislative declaration
31‑12‑119
Disconnection of territory because of failure to serve
31‑12‑120
Court approval required for certain annexations
31‑12‑121
Provision of municipal services to outside consumers - agreement to annex
31‑12‑122
Relation of this part 1 to other laws
31‑12‑123
Applicability to city and county of Denver
31‑12‑201
Including adjacent area upon reorganization
31‑12‑301
Annexation to charter city
31‑12‑302
Petition - order of court
31‑12‑303
Annexation consented to by ordinance - indebtedness
31‑12‑304
School districts - annexation of area to another school district - applicability
31‑12‑305
Question submitted to registered electors
31‑12‑306
Notice of election
31‑12‑307
Ballots
31‑12‑308
Report - approval by court
31‑12‑309
Termination of offices
31‑12‑310
Rights become property of city enlarged - utilities not curtailed
31‑12‑311
Validity not questioned after ninety days
31‑12‑401
Consolidation of contiguous cities or towns
31‑12‑402
Election - notice - ballot
31‑12‑403
Election of officers after consolidation
31‑12‑404
Tenure of officers
31‑12‑405
Consolidation complete
31‑12‑406
First ordinances - appropriation
31‑12‑407
Licenses
31‑12‑408
Bonded and floating indebtedness
31‑12‑409
Property belongs to consolidated cities or towns
31‑12‑410
Suits - special tax
31‑12‑411
Collection of prior taxes - disposition
31‑12‑412
Annexing cities and towns
31‑12‑413
Annexation complete - rights - liabilities
31‑12‑414
School districts - annexation of area to another school district - applicability
31‑12‑501
Application - enactment - filing - definitions
31‑12‑502
Liability for taxes
31‑12‑503
Future levies - prepayment
31‑12‑601
Petition to disconnect territory
31‑12‑602
Contents of petition
31‑12‑603
Hearing - decree - proviso
31‑12‑604
Lands subject to tax for prior indebtedness
31‑12‑605
Copy of decree filed
31‑12‑701
Part 7 relates to towns only
31‑12‑702
Petition court to disconnect from town
31‑12‑703
Petition - contents
31‑12‑704
Hearing - decree - proviso
31‑12‑705
Land not exempt from prior taxes
31‑12‑706
Land subject to tax for prior indebtedness
31‑12‑707
Decree recorded - proof
Green check means up to date. Up to date

Current through Fall 2024

§ 31-12-501’s source at colorado​.gov