§ 29-20-105 — Intergovernmental cooperation

Colorado § 29-20-105

• Jurisdiction: Colorado
• Title 29: Government
• Art.: Local Government Regulation of Land Use

Text

(1) Local governments are
authorized and encouraged to cooperate or contract with other units of government
pursuant to part 2 of article 1 of this title for the purposes of planning or regulating
the development of land including, but not limited to, the joint exercise of planning,
zoning, subdivision, building, and related regulations.

(2) (a) Without limiting the ability of local governments to cooperate or
contract with each other pursuant to the provisions of this part 1 or any other
provision of law, local governments may provide through intergovernmental
agreements for the joint adoption by the governing bodies, after notice and hearing,
of mutually binding and enforceable comprehensive development plans for areas
within their jurisdictions. This section shall not affect the validity of any
intergovernmental agreement entered into prior to April 23, 1989.

(b) A comprehensive development plan may contain master plans, zoning
plans, subdivision regulations, and building code, permit, and other land use
standards, which, if set out in specific detail, may be in lieu of such regulations or
ordinances of the local governments.

(c) Notwithstanding any other statutory provisions of article 28 of title 30,
C.R.S., review of comprehensive development plans by the planning commissions of
the local governments shall be discretionary, unless otherwise required by local
ordinance. This subsection (2) shall not apply to the requirements of sections 30-28-110 and 30-28-127, C.R.S.

(d) An intergovernmental agreement providing for a comprehensive
development plan may contain a provision that the plan may be amended only by
the mutual agreement of the governing bodies of the local governments who are
parties to the plan.

(e) In the event that a plan is silent as to a specific land use matter, existing
local land use regulations shall control.

(f) (I) An intergovernmental agreement may contain provisions concerning
annexation, including, but not limited to provisions:

(A) That a comprehensive development plan shall continue to control
particular land areas even though the land areas are annexed or jurisdiction over
the land areas is otherwise transferred pursuant to law between the local
governmental entities who are parties to the agreement;

(B) For revenue sharing between local governments; and

(C) Concerning land areas that may be annexed by municipalities and the
conditions related to such annexations as established in the comprehensive
development plan.

(II) Nothing in this paragraph (f) shall be construed to render invalid any
intergovernmental agreement or comprehensive development plan entered into
prior to November 6, 2001.

(g) Each governing body that is a party to an intergovernmental agreement
adopting a comprehensive development plan shall have standing in district court to
enforce the terms of the agreement and the plan, including specific performance
and injunctive relief. The district court shall schedule all actions to enforce an
intergovernmental agreement and comprehensive development plan for expedited
hearing.

(h) Local governments may, pursuant to an intergovernmental agreement,
provide for revenue-sharing.

(i) Local governments shall not be required to enter into intergovernmental
agreements or comprehensive development plans pursuant to this section.

Legislative History

Source: L. 74: Entire article added, p. 354, � 1, effective May 17. L. 89: Entire section amended, p. 1268, � 1, effective April 23. L. 99: (2)(a) amended, p. 590, � 2, effective July 1. L. 2001, 2nd Ex. Sess.: (2)(f) amended, p. 31, � 1, effective November 6.