(1) The board of county commissioners of
each county has power at any meeting:
(a) To make such orders concerning the property belonging to the county as
it deems expedient;
(b) To examine and settle all accounts of the receipts and expenses of the
county, to examine and settle and allow all accounts chargeable against the
county, and, when so settled, to issue county orders therefor as provided by law;
(c) To build and keep in repair county buildings and cause the same to be
insured in the name of the county treasurer for the benefit of the county and, in
case there are no county buildings, to provide suitable rooms for county purposes;
(d) (I) To apportion and order the levying of taxes as provided by law; except
that, for purposes of the application of any occupational privilege tax, oil and gas
wells and their associated production facilities shall not be considered a business
or occupation subject to such tax; and
(II) To contract loans in the name and for the benefit of the county for the
purpose of erecting necessary public buildings and making or repairing public
roads or bridges, when such loans have been authorized by a vote of the legal
voters of the county;
(e) To represent the county and have the care of the county property and the
management of the business and concerns of the county in all cases where no other
provisions are made by law;
(f) To set off, organize, and change the boundaries of precincts in their
respective counties and to designate and number such precincts in accordance with
sections 1-5-101 and 1-5-101.5, C.R.S.;
(g) To establish one or more voting places in each election precinct, as the
convenience of the inhabitants may require;
(h) To lay out, alter, or discontinue any road running into or through such
county and also to perform such other duties respecting roads as may be required
by law;
(i) To grant such licenses and perform such other duties as are or may be
prescribed by law;
(j) To acquire land for, lay out, construct, maintain, and repair airports and
landing strips for aircraft, to enter into leases, and to fix and collect charges or fees
for the use of such airports and landing strips;
(k) To provide in the county budget for dumping grounds within the county to
be used for such purposes as may be prescribed by the board;
(l) To enter into agreements with any municipality for the joint use and
occupation of public buildings. The consideration to be paid for such use and
occupation shall be paid each year out of current revenues which shall be
appropriated annually, and any agreement to make such annual payment shall not
be considered or held to be creation of an indebtedness of the county within any
constitutional or statutory limitation.
(m) To negotiate with the board or boards of county commissioners of
another county or counties, and with the board of governors of the Colorado state
university system of Colorado state university, for agricultural extension service to
be furnished such counties, and to be financed on a pro rata share by the counties
receiving such service;
(n) To create, by resolution duly adopted, the office of county manager, or
administrative assistant to the board of county commissioners, or county budget
officer, or any other such office as may, in its judgment, be required for the efficient
management of the business and concerns of the county. When so created, the
board has power to make appointments to such offices, to prescribe the duties to
be performed by such appointees, to fix the compensation to be paid to such
appointees, and to pay the same from the county general fund. Any persons
appointed to such offices shall serve at the pleasure of the board of county
commissioners.
(o) To cooperate with other counties and with the state forester in the
organization and training of rural fire fighting groups, payment for the operation
and maintenance of fire fighting equipment and in sharing the cost of suppressing
fires;
(o.5) Repealed.
(p) To purchase all necessary uniforms of the county sheriff, undersheriff,
and deputies of the county; but no such uniforms shall be supplied to those persons
deputized to perform particular acts, and all such uniforms shall be and remain the
property of the county;
(q) To organize, own, operate, control, direct, manage, contract for, or furnish
ambulance service;
(r) To provide in the county budget for services for the aged, including but
not limited to social and recreational services, medical services, transportation, and
homemaker services;
(s) To appropriate moneys from sources other than ad valorem taxes to
multijurisdictional housing authorities or housing authorities established under part
5 of article 4 of title 29, C.R.S., from the county general fund;
(t) To set, by resolution duly adopted or by the method provided in the
charter of a home rule county, mileage for all county officers, employees, and
agents in an amount not less than twenty cents per mile nor more than a rate per
mile equal to the standard mileage rate allowed pursuant to 26 U.S.C. sec. 162, as
amended, and regulations promulgated thereunder, for each mile actually and
necessarily traveled while on official county business;
(u) To expend moneys or make assessments pursuant to paragraph (z) of this
subsection (1) for the maintenance of drainage structures and facilities and to
accept dedicated or deeded drainage easements or drainageway tracts as county
property once drainage structures and facilities on such easements or tracts have
been completed and found to meet county specifications and standards;
(v) To provide a job diversion program directing persons making application
for or receiving assistance under the Colorado works program, as described in part
7 of article 2 of title 26, C.R.S., into bona fide public or private sector employment;
(w) To expend moneys or make assessments pursuant to paragraph (z) of
this subsection (1) for the construction, reconstruction, improvement, or extension
of drainage facilities within the unincorporated or incorporated areas of the county
and to acquire, by gift, purchase, lease, or the exercise of the right of eminent
domain, all lands, easements, or rights in land which are necessary in connection
with such construction, reconstruction, improvement, or extension. Drainage
facilities shall not be provided in any area which is within an existing drainage
district organized or created pursuant to law without the approval of such district.
(x) Repealed.
(y) To expend moneys or make assessments pursuant to paragraph (z) of this
subsection (1) for the construction, maintenance, repair, or installation of curbs,
gutters, sidewalks, and related structures along residential and commercial streets
or alleys and in residential or commercial subdivisions within the unincorporated
areas of the county; except that, prior to making an assessment for any purpose
authorized by this paragraph (y), the county shall consider cost-sharing alternatives
so that a portion of the cost of any project authorized in this paragraph (y) is
incurred and paid by the county;
(z) To prescribe, by ordinance adopted, administered, and enforced in
accordance with part 4 of article 15 of this title, the mode in which the charges on
the respective owners of lots or lands, and on the lots or lands, shall be assessed
and determined for the purposes authorized in paragraphs (u), (w), and (y) of this
subsection (1);
(aa) To establish policies and procedures regarding entering into contracts
binding on the county, and to delegate its power to enter into such contracts
pursuant to such policies and procedures, where amounts specified in such policies
and procedures and where such contracts otherwise comply with limits and
requirements set forth in such policies and procedures;
(bb) To provide for the preservation of the cultural, historic, and architectural
history within the county by ordinance or resolution; to delegate the power to
designate historic landmarks and historic districts to an historic preservation
advisory board; to accept dedicated or deeded easements or other historic property
and to expend moneys for the maintenance of such deeded historic land, facilities,
and structures; and to receive contributions, gifts, or other support from public and
private entities to defray the maintenance costs of such historic land, facilities, and
structures;
(cc) By resolution, memorial, plaque, or limited gift, to honor, commemorate,
memorialize, or acknowledge outstanding service or other events, including death
or retirement of individuals, or actions, accomplishments, or achievements
deserving of recognition;
(dd) To enter into installment purchase contracts or shared-savings
contracts or otherwise incur indebtedness under section 29-12.5-103, C.R.S., to
finance energy conservation and energy saving measures and enter into contracts
for an analysis and recommendations pertaining to such measures under section
29-12.5-102, C.R.S.;
(ee) Repealed.
(ff) To set, by written resolution duly adopted by a majority vote of the board
and entered in its minutes prior to the county treasurer being sworn into office, the
amount of a surety bond to be executed by the treasurer and to authorize the
purchase of such a bond by the board;
(gg) To authorize the use of electronic records or signatures and adopt rules,
standards, policies, and procedures for use of electronic records or signatures
pursuant to article 71.3 of title 24, C.R.S.;
(hh) To establish an affordable housing dwelling unit advisory board for the
county in accordance with the requirements of article 26 of title 29, C.R.S.;
(ii) To provide in the county budget for programs that support education and
outreach on environmental sustainability and for financing capital improvements
for energy efficiency retrofits and the installation of renewable energy fixtures, as
defined in section 30-11-107.3, for private residences and commercial property
within the county but that do not exempt the county from the requirements of any
other statute;
(jj) To encourage homeowners to participate in utility demand-side
management programs where applicable;
(kk) [ Editor's note: This version of subsection (1)(kk) is effective until January
1, 2026. ]
(I) To adopt a resolution to authorize, in consultation with the local board of health,
local public health agencies, and any water and wastewater service providers
serving the county, the use of graywater, as defined in section 25-8-103 (8.3),
C.R.S., in compliance with any regulation adopted pursuant to section 25-8-205
(1)(g), C.R.S., and to enforce compliance with the board's resolution.
(II) Before adopting a resolution to authorize the use of graywater pursuant
to subparagraph (I) of this paragraph (kk), a board of county commissioners is
encouraged to enter into a memorandum of understanding with the local board of
health, local public health agencies, and any water and wastewater service
providers serving the county concerning graywater usage and the proper
installation and operation of graywater treatment works, as defined in section 25-8-103 (8.4), C.R.S.
(kk) [ Editor's note: This version of subsection (1)(kk) is effective January 1,
2026. ]
(I) To adopt a resolution, in consultation with the local board of health, local public
health agencies, and any water and wastewater service providers serving the
county, regarding the use of graywater, as defined in section 25-8-103 (8.3), in
compliance with any regulation adopted pursuant to section 25-8-205 (1)(g), and to
enforce compliance with the board's resolution. A board of county commissioners:
(A) May adopt a resolution prohibiting the installation of graywater
treatment works, as defined in section 25-8-103 (8.4), and the use of all graywater
or prohibiting one or more categories of graywater use that the water quality
control commission establishes in rules adopted pursuant to section 25-8-205
(1)(g); and
(B) Pursuant to section 25-8-205.4 (2)(b), shall notify the division of
administration within the department of public health and environment of any
resolution adopted pursuant to subsection (1)(kk)(I)(A) of this section. A board of
county commissioners that sends notice pursuant to this subsection (1)(kk)(I)(B) may
subsequently authorize the installation of graywater treatment works and the use
of graywater or authorize categories of graywater use previously prohibited at any
time by adopting a resolution. A board of county commissioners that subsequently
authorizes the use of graywater shall promptly notify the division of administration
within the department of public health and environment of the subsequent
authorization.
(II) A board of county commissioners that has not prohibited all graywater
use pursuant to subsection (1)(kk)(I) of this section is encouraged to enter into a
memorandum of understanding with the local board of health, local public health
agencies, and any water and wastewater service providers serving the county
concerning graywater usage and the proper installation and operation of graywater
treatment works, as defined in section 25-8-103 (8.4).
(ll) To enter into loan agreements with any governmental entity that is
created by or located within the county in accordance with section 30-25-106.5;
and
(mm) To establish and administer an incentive program to directly incentivize
improvement in an area of specific local concern related to the use of real property
in the county in accordance with section 30-11-132.
(2) (a) Subject to the provisions of part 1 of article 1 of title 29, C.R.S., the
board of county commissioners of each county has exclusive power to adopt the
annual budget for the operation of the county government, including all offices,
departments, boards, commissions, other spending agencies of the county
government, and other agencies which are funded in whole or in part by county
appropriations. All such entities shall make appropriate budget recommendations
each year to the board of county commissioners for the operation of their
respective offices; but the final budget determination of each board of county
commissioners shall be binding upon each of the respective offices, departments,
boards, commissions, other spending agencies of the county government, and other
agencies which are funded in whole or in part by county appropriations.
(b) Every decision made by the board of county commissioners in exercising
its budget-making power shall be presumed to be a valid exercise of the power
granted by paragraph (a) of this subsection (2).
(3) The board of county commissioners of any county eligible to receive
impact assistance grants pursuant to part 3 of article 25 of this title may certify a
dollar amount to the parks and wildlife commission pursuant to part 3 of article 25
of this title.