§ 24-80.1-104 — Effect of state register - exception - legislative declaration

Colorado § 24-80.1-104

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Register of Historic Places

Text

(1) Except as otherwise provided in subsection (3) of this section, properties
included or nominated for inclusion in the state register are protected from any
action initiated by a state agency until a final determination concerning the effect
of the action on such properties is made pursuant to subsection (2) of this section.

(2) (a) At the earliest stage of planning or consideration of a proposed action
or when it is anticipated that properties of historical significance may be adversely
affected in the course of an agency action and in all cases prior to an agency
decision concerning an action that may have an effect on properties listed in the
state register, the agency initiating the action shall identify such properties located
within the area of the proposed action, notify the society of the proposed action,
request a determination of effect on such properties, and afford the society a
period of thirty days in which to review the proposed action. Notification shall
include sufficient and relevant information needed to make a determination of
effect. Comments made by the society which include specific recommendations to
prohibit or alter all or some aspects of the proposed action shall be implemented by
the agency subject to paragraphs (b) and (c) of this subsection (2).

(b) If the agency rejects some or all of the comments of the society relative
to the proposed action, the agency shall be afforded a period of thirty days during
which to negotiate a satisfactory agreement with the society.

(c) If no agreement is reached or if any party to any such agreement is
dissatisfied therewith, an appeal may be made to the governor for a final
determination. The governor shall make such determination within thirty days after
such appeal.

(3) (a) Subsections (1) and (2) of this section do not apply to actions initiated,
taken, or authorized by the department of natural resources or the department of
public health and environment or any subdivisions of those departments that affect
or potentially affect water supply structures.

(b) The general assembly finds that water supply structures in Colorado are
critical both to filling the projected shortfall in water supplies for current and
future residents of the state and to protecting the state's agricultural lands from a
loss of water supplies. The general assembly further finds that water supply
structures and the ability to repair, replace, and change water supply structures are
keys to the economic future of Colorado. For these reasons, the general assembly
hereby determines and declares that it is necessary to exempt state agencies that
take action concerning water supply structures from subsections (1) and (2) of this
section.

Legislative History

Source: L. 75: Entire article added, p. 861, � 1, effective July 1. L. 2011: (1) amended and (3) added, (HB 11-1289), ch. 165, p. 568, � 2, effective August 10.