§ 35-1.5-101 — Scope of article

Colorado § 35-1.5-101

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Preemption

Text

(1) Nothing in this article shall be construed to
limit the authority of a local government to:

(a) Zone for the sale or storage of any agricultural chemical, provide or
designate sites for disposal of any agricultural chemical or container, regulate the
discharge of any agricultural chemical into sanitary sewer systems, adopt
regulations pursuant to a storm water management program that is consistent with
federal or state regulation, adopt or enforce building and fire code requirements, or
to protect surface or groundwater drinking water supplies in accordance with
current state or federal applicable law;

(b) Comply with any federal or state law or regulation or take any action
otherwise prohibited by this article in order to comply with any federal or state
requirement or avoid a fine or other penalty under federal or state law;

(c) Implement a cooperative agreement with any federal or state agency;

(d) Regulate the use of agricultural chemicals on property in which the local
government has a fee simple absolute ownership interest;

(e) Issue local occupational licenses.

(2) The lack of a provision in this article explicitly preempting local
government regulation of any particular agricultural chemical not listed in section
35-1.5-102 (2) shall not be construed as an implicit grant of authority to a local
government pursuant to this article to regulate on that subject.

Legislative History

Source: L. 94: Entire article added, p. 923, � 1, effective April 28.