§ 30-28-106 — Master plan - definitions
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(1) It is the duty of a county planning
commission to make and adopt a master plan for the physical development of the
unincorporated territory of the county, subject to the approval of the county
commission having jurisdiction thereof. When a county planning commission
decides to adopt a master plan, the commission shall conduct public hearings, after
notice of such public hearings has been published in a newspaper of general
circulation in the county in a manner sufficient to notify the public of the time,
place, and nature of the public hearing, prior to final adoption of a master plan in
order to encourage public participation in and awareness of the development of
such plan and shall accept and consider oral and written public comments
throughout the process of developing the plan.
(2) (a) It is the duty of a regional planning commission to make and adopt a
regional plan for the physical development of the territory within the boundaries of
the region, but no such plan shall be effective within the boundaries of any
incorporated municipality within the region unless such plan is adopted by the
governing body of the municipality for the development of its territorial limits and
under the terms of paragraph (b) of this subsection (2). When a regional planning
commission decides to adopt a master plan, the commission shall conduct public
hearings, after notice of such public hearings has been published in a newspaper of
general circulation in the region in a manner sufficient to notify the public of the
time, place, and nature of the public hearing, prior to final adoption of a master plan
in order to encourage public participation in and awareness of the development of
such plan and shall accept and consider oral and written public comments
throughout the process of developing the plan.
(b) Any plan adopted by a regional planning commission shall not be deemed
an official advisory plan of any municipality or county unless adopted by the
planning commission of such municipality or county.
(3) (a) The master plan of a county or region, with the accompanying maps,
plats, charts, and descriptive and explanatory matter, must show the county or
regional planning commission's recommendations for the development of the
territory covered by the master plan. The master plan of a county or region is an
advisory document to guide land development decisions; however, the master plan
or any part thereof may be made binding by inclusion in the county's or region's
adopted subdivision, zoning, platting, planned unit development, or other similar
land development regulations after satisfying notice, due process, and hearing
requirements for legislative or quasi-judicial processes, as appropriate.
(a.3) (I) The county or regional planning commission shall follow the
procedures in section 24-32-3209. For purposes of this section, any special district
that supplies water to the area covered by the master plan is a neighboring
jurisdiction as defined in section 24-32-3209 (1)(h).
(II) In adopting or amending a master plan, the county or regional planning
commission shall consider the following, where applicable or appropriate, and any
other information deemed relevant by the county or regional planning commission:
(A) The applicable housing needs assessments published pursuant to
sections 24-32-3702 (1)(b), 24-32-3703, and 24-32-3704;
(B) The statewide strategic growth report created pursuant to section 24-32-3707;
(C) The natural land and agricultural opportunities report published pursuant
to section 24-32-3708; and
(D) The Colorado water plan adopted pursuant to section 37-60-106.3.
(a.5) The master plan must include:
(I) A narrative description of the procedure used for the development and
adoption of the master plan, including a summary of any objections to the master
plan made by neighboring jurisdictions as defined in section 24-32-3209 (1)(h) and a
description of the resolution or outcome of the objections;
(II) (A) A water supply element developed in consultation with entities that
supply water for use within the county or region to ensure coordination on water
supply and facility planning. Nothing in this section requires the public disclosure of
confidential information related to water supply or facilities.
(B) The water supply element must estimate a range of water supplies and
facilities needed to support the potential public and private development described
in the master plan, and include water conservation policies, to be determined by the
county or local governments within a region, which may include goals specified in
the Colorado water plan adopted pursuant to section 37-60-106.3 and policies to
implement water conservation and other Colorado water plan goals as a condition
of development approval, for subdivisions, planned unit developments, special use
permits, and zoning changes.
(C) A county or region with a master plan that includes a water supply
element shall ensure that its master plan includes water conservation policies at
the first amending of the master plan, but not later than July 1, 2025.
(D) Nothing in this subsection (3)(a.5)(II) supersedes, abrogates, or otherwise
impairs the allocation of water pursuant to the state constitution or any other
provision of law, the right to beneficially use water pursuant to decrees, contracts,
or other water use agreements, or the operation, maintenance, repair, replacement,
or use of any water facility.
(E) The department of local affairs may hire and employ one full-time
employee to provide educational resources and assistance to a county or region
that includes water conservation policies in the water supply elements of master
plans as required by this subsection (3)(a.5)(II).
(III) A strategic growth element that integrates elements of the master plan
to discourage sprawl and promote the development or redevelopment of vacant
and underutilized parcels in urban areas to address the demonstrated housing
needs of the county or region and mitigate the need for extension of infrastructure
and public services to develop natural and agricultural lands for residential uses.
The strategic growth element must include:
(A) A description of existing and potential policies and tools to promote
strategic growth and prevent sprawl;
(B) An analysis of vacant and underutilized sites that identifies vacant,
partially vacant, and underutilized land near existing or planned transit or job
centers that could be used for infill development, redevelopment, and new
development of housing; assesses the general feasibility of the development or
redevelopment of such sites for residential use based on existing and needed
infrastructure, transportation capacity, access to public transit, and public facilities
and services to serve such sites; describes the public benefits of the development
or redevelopment of such sites to the county or region as an alternative to the
development of previously undeveloped natural or agricultural land; and, in a
manner that is consistent with the master plan, designates such sites for which
development or redevelopment is deemed to be generally feasible for future uses
that include residential uses in a manner that addresses the demonstrated housing
needs of the county or region at all income levels; and
(C) An analysis of undeveloped sites that identifies previously undeveloped
parcels that are not adjacent to developed land, including existing natural and
agricultural land, under consideration for future development, and, for a county or
region in a metropolitan planning organization established under the Federal
Transit Act of 1998, 49 U.S.C. sec. 5301 et seq., as amended, land outside of
census urban areas as defined by the United States bureau of the census; assesses
the general feasibility of the development of such sites for residential use based on
existing and needed infrastructure, transportation capacity, access to public
transit, and public facilities and services to serve such sites; and describes the
long-term fiscal impact to the county or region of the construction, ownership,
maintenance, and replacement of infrastructure and public facilities and the
provision of public services to serve development of such sites;
(IV) The most recent housing action plan or plans adopted by the county or
municipalities within the region pursuant to section 24-32-3705; and
(V) For a master plan by a regional planning commission, the most recent
version of the master plan required by section 31-12-105 (1)(e) by each municipality
that is part of the regional planning commission and a description of how each
jurisdiction will integrate that plan into the master plan.
(a.7) (I) A county or region with a master plan shall ensure that its master
plan includes a water supply element and a strategic growth element as required
by subsection (3)(a.5) of this section at the first amending of the master plan that
occurs on or after January 1, 2026, but not later than December 31, 2026. The
master plan of a county or region adopted or amended after December 31, 2026,
must include a water supply element and strategic growth element as required by
subsection (3)(a.5) of this section. The county or region must update the water
supply element and strategic growth element no less frequently than every five
years.
(II) A county or region with a master plan is not required to include a
strategic growth element, if the county or region has not received funding to
include the strategic growth element pursuant to section 24-32-3710 and either:
(A) Has a population of twenty thousand or less in the county's
unincorporated territory and has experienced negative population change in the
most recent decennial census; or
(B) Has a population of five thousand or less in the county's unincorporated
territory.
(a.9) The master plan may include, where applicable or appropriate:
(I) The general location, character, and extent of existing, proposed, or
projected streets or roads, rights-of-way, viaducts, bridges, waterways,
waterfronts, parkways, highways, mass transit routes and corridors, and any
transportation plan prepared by any metropolitan planning organization that covers
all or a portion of the county or region and that the county or region has received
notification of or, if the county or region is not located in an area covered by a
metropolitan planning organization, any transportation plan prepared by the
department of transportation that the county or region has received notification of
and that applies to the county or region;
(II) The general location of public places or facilities, including public
schools; culturally, historically, or archaeologically significant buildings, sites, and
objects; playgrounds, forests, reservations, squares, parks, airports, aviation fields,
military installations; and other public ways, grounds, open spaces, trails, and
designated federal, state, and local wildlife areas. For purposes of this section,
military installation has the same meaning as specified in section 29-20-105.6
(2)(b).
(III) The general location and extent of public utilities, terminals, capital
facilities, and transfer facilities, whether publicly or privately owned, for water,
light, power, sanitation, transportation, communication, heat, and other purposes
and any proposed or projected needs for capital facilities and utilities, including the
priorities, anticipated costs, and funding proposals for such facilities and utilities;
(IV) The acceptance, widening, removal, extension, relocation, narrowing,
vacation, abandonment, modification, or change of use of any of the public ways,
rights-of-way, including the coordination of such rights-of-way with the rights-of-way of other counties, regions, or municipalities, grounds, open spaces, buildings,
properties, utilities, or terminals referred to in subsections (3)(a.5)(II)(C), (3)(a.9)(I),
(3)(a.9)(II), and (3)(a.9)(III) of this section;
(V) Methods for assuring access to appropriate conditions for solar, wind, or
other alternative energy sources, including geothermal energy used for water
heating or space heating or cooling in a single building, for space heating for more
than one building through a pipeline network, or for electricity generation;
(VI) The general character, location, and extent of community centers,
townsites, housing developments, whether public or private; the existing, proposed,
or projected location of residential neighborhoods and sufficient land for future
housing development for the existing and projected economic and other needs of
all current and anticipated residents of the county or region; and urban
conservation or redevelopment areas. If a county or region has entered into a
regional planning agreement, the agreement may be incorporated by reference into
the master plan.
(VII) The general location and extent of forests, agricultural areas, flood
control areas, and open development areas for purposes of conservation, food and
water supply, sanitary and drainage facilities, flood control, or the protection of
urban development;
(VIII) A land classification and utilization program;
(IX) Projections of population change and housing needs to accommodate
the projected population for specified increments of time. The county or region may
base these projections upon data from the department of local affairs and upon the
county's or region's local objectives.
(X) The location of areas containing steep slopes, geological hazards,
endangered or threatened species, wetlands, floodplains, floodways, and flood risk
zones, highly erodible land or unstable soils, and wildfire hazards. For purposes of
determining the location of such areas, the planning commission should consider
the following sources for guidance:
(A) The Colorado geological survey for defining and mapping geological
hazards;
(B) The United States fish and wildlife service of the United States
department of the interior and the parks and wildlife commission created in section
33-9-101 for locating areas inhabited by endangered or threatened species;
(C) The United States army corps of engineers and the United States fish and
wildlife service national wetlands inventory for defining and mapping wetlands;
(D) The federal emergency management agency for defining and mapping
floodplains, floodways, and flood risk zones;
(E) The natural resources conservation service of the United States
department of agriculture for defining and mapping unstable soils and highly
erodible land; and
(F) The Colorado state forest service for locating wildfire hazard areas.
(b) Any master plan of a county or region which includes mass transportation
shall be coordinated with that of any adjacent county, region, or other political
subdivision, as the case may be, to eliminate conflicts or inconsistencies and to
assure the compatibility of such plans and their implementation pursuant to this
section and sections 30-11-101, 30-25-202, and 30-26-301.
(c) The master plan of a county or region shall also include a master plan for
the extraction of commercial mineral deposits pursuant to section 34-1-304, C.R.S.
(d) The master plan of a county or region may also include plans for the
development of drainage basins in all or portions of the county or region. When
county subdivision regulations require the payment of drainage fees, as provided in
section 30-28-133 (11), the master plan shall include the plan for the development
of drainage basins.
(e) In creating the master plan of a county or region, the county or regional
planning commission may take into consideration the availability of affordable
housing within the county or region. Counties are encouraged to examine any
regulatory impediments to the development of affordable housing.
(f) (Deleted by amendment, L. 2007, p. 612, � 1, effective August 3, 2007.)
(g) The master plan of a county or region may include designated utility
corridors to facilitate the provision of utilities to all developments in the county or
region.
(4) (a) Each county that has not already adopted a master plan and that
meets one of the following descriptions shall adopt a master plan within two years
after January 8, 2002:
(I) Each county or city and county that has a population equal to or greater
than ten thousand and the population of which has demonstrated an increase of
either:
(A) Ten percent or more during the calendar years 1994 to 1999; or
(B) Ten percent or more during any five-year period ending in 2000 or any
subsequent year;
(II) Each county or city and county that has a population of one hundred
thousand or more.
(b) To the extent the county does not meet a description specified in
subparagraph (I) or (II) of paragraph (a) of this subsection (4), the counties of Clear
Creek, Gilpin, Morgan, and Pitkin shall adopt a master plan within two years after
January 8, 2002.
(c) The department of local affairs shall annually determine, based on the
population statistics maintained by said department, whether a county is subject to
the requirements of this subsection (4), and shall notify any county that is newly
identified as being subject to said requirements. Any such county shall have two
years following receipt of notification from the department to adopt a master plan.
(d) Once a county is identified as being subject to the requirements of this
subsection (4), the county shall at all times thereafter remain subject to the
requirements of this subsection (4), regardless of whether it continues to meet any
of the descriptions in paragraph (a) of this subsection (4).
(5) A master plan adopted in accordance with the requirements of
subsection (4) of this section shall contain a recreational and tourism uses element
pursuant to which the county shall indicate how it intends to provide for the
recreational and tourism needs of residents of the county and visitors to the county
through delineated areas dedicated to, without limitation, hiking, mountain biking,
rock climbing, skiing, cross country skiing, rafting, fishing, boating, hunting,
shooting, or any other form of sports or other recreational activity, as applicable,
and commercial facilities supporting such uses.
(6) The master plan of any county adopted or amended in accordance with
the requirements of this section on and after August 8, 2005, shall satisfy the
requirements of section 29-20-105.6, C.R.S., as applicable.
(7) Notwithstanding any other provision of this section, no master plan
originally adopted or amended in accordance with the requirements of this section
shall conflict with a master plan for the extraction of commercial mineral deposits
adopted by the county pursuant to section 34-1-304, C.R.S.
(8) A county or regional planning commission shall submit the master plan
and any separately approved water supply element and strategic growth element
to the division of local government in the department of local affairs. The division of
local government shall review master plans and may provide comments to the
commission.
(9) (a) As used in this subsection (9):
(I) Equestrian has the meaning set forth in section 31-23-206 (9)(a)(I).
(II) Equestrian zone means an area that a county determines is suburban or
urban and contains:
(A) An equestrian fairground, public equestrian riding arena, public
equestrian center, or public riding trail;
(B) An equestrian-centric residential neighborhood where equestrians
regularly ride and that was zoned in such a manner as to allow housing privately
owned equines but is now being developed for primarily residential use or that is
zoned in such a manner as to allow housing privately owned equines;
(C) A keystone property; or
(D) Roads or trails that equestrians use and that are related to an area
described in subsections (9)(a)(II)(A) to (9)(a)(II)(C) of this section.
(III) Keystone property means a property that has at least one of the
following equestrian facilities:
(A) Boarding facilities that provide housing for equines, training for
equestrians, or equine service and education programs;
(B) Equine stables that facilitate animal welfare rescue programs or equine
therapy programs;
(C) Breeding facilities for equines; or
(D) Nonpublic equestrian venues that provide services to the equestrian
community.
(IV) Suburban or urban means the population and traffic density are
sufficient to cause significant and regular interactions between equestrians and
motor vehicles or other residents.
(b) A county planning commission may identify and show on the master plan
the location of and character of existing or proposed equestrian infrastructure,
venues, and equestrian zones.
(c) A county may organize public events to educate the public about
equestrian use of recreational trails and roads and the duties of users of trails and
roads with regard to equestrian users. A county may partner with local horse
advocacy groups to educate the public about these matters or to hold the public
events.
Colorado § 30-28-106 (Master plan - definitions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.