Colorado § 29-20-203 Conditions on land-use approvals

Colorado Statutes

§ 29-20-203 — Conditions on land-use approvals

Colorado·Title 29 Government·Art. Local Government Regulation of Land Use

(1)In imposing conditions upon the granting of land-use approvals, no local government shall require an owner of private property to dedicate real property to the public, or pay money or provide services to a public entity in an amount that is determined on an individual and discretionary basis, unless there is an essential nexus between the dedication or payment and a legitimate local government interest, and the dedication or payment is roughly proportional both in nature and extent to the impact of the proposed use or development of such property. This section shall not apply to any legislatively formulated assessment, fee, or charge that is imposed on a broad class of property owners by a local government. (1.5) When requiring an owner of private property to dedicate real pr

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(1) In imposing conditions
upon the granting of land-use approvals, no local government shall require an
owner of private property to dedicate real property to the public, or pay money or
provide services to a public entity in an amount that is determined on an individual
and discretionary basis, unless there is an essential nexus between the dedication
or payment and a legitimate local government interest, and the dedication or
payment is roughly proportional both in nature and extent to the impact of the
proposed use or development of such property. This section shall not apply to any
legislatively formulated assessment, fee, or charge that is imposed on a broad class
of property owners by a local government.

(1.5) When requiring an owner of private property to dedicate real property
to the public, if the subject property does not meet local government standards for
dedication as determined by the local government, including dedication to the
parks, trails, or open space systems, a local government shall provide the private
property owner the option of paying a fee in lieu of dedication.

(2) No local government shall impose any discretionary condition upon a
land-use approval unless the condition is based upon duly adopted standards that
are sufficiently specific to ensure that the condition is imposed in a rational and
consistent manner.

(3) Notwithstanding any other law, at any time before an election is ordered
pursuant to section 31-11-104, a municipality may seek a judicial determination as to
the legality of a proposed land use ordinance that restricts or limits the
development or use of land submitted to the legislative body pursuant to section
31-11-104 with regard to any provision of the United States constitution or the state
constitution, this section, article 68 of title 24, or section 29-20-104.2. The owners
of property specifically subject to the proposed ordinance and persons designated
as representing the petition proponents pursuant to section 31-11-106 (2) shall be
entitled to intervene in the proceeding. The time period to adopt an initiated
ordinance or call an election pursuant to section 31-11-104 (1) shall be tolled during
the pendency of any action filed pursuant to this subsection (3) including any
appeal.

Colorado § 29-20-203 (Conditions on land-use approvals) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 99: Entire part added, p. 587, � 1, effective July 1. L. 2001, 2nd Ex. Sess.: (1) amended, p. 30, � 6, effective November 6. L. 2024: (1.5) added, (HB 24-1313), ch. 168, p. 868, � 3, effective May 13. L. 2025: (3) added, (HB 25-1093), ch. 48, p. 217, � 2, effective August 6.