Colo. Rev. Stat. § 30-28-106

Current through 2020 Legislative Session
Section 30-28-106 - Adoption of master plan - contents
(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. 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 plan. The master plan of a county or region is an advisory document to guide land development decisions; however, the 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. After consideration of each of the following, where applicable or appropriate, the master plan may include:
(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" shall have the same meaning as specified in section 29-20-105.6(2)(b), C.R.S.
(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)
(A) The general location and extent of an adequate and suitable supply of water.
(B) If the master plan includes a water supply element, the planning commission shall consult with the entities that supply water for use within the county or region to ensure coordination on water supply and facility planning, and the water supply element must identify water supplies and facilities sufficient to meet the needs of the public and private infrastructure reasonably anticipated or identified in the planning process.
(C) The water supply element must include water conservation policies, to be determined by the county, which may include goals specified in the state water plan adopted pursuant to section 37-60-106.3 and may include policies to implement water conservation and other state water plan goals as a condition of development approvals, including subdivisions, planned unit developments, special use permits, and zoning changes. A county 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 that occurs after the effective date of this subsection (3)(a)(IV)(C), but in no case later than July 1, 2025.
(D) The department of local affairs created in section 24-1-125 may hire and employ one full-time employee to provide educational resources and assistance to counties that include water conservation policies in their master plans as described in subsection (3)(a)(IV)(C) of this section.
(E) Nothing in this subsection (3)(a)(IV) shall be construed to supersede, abrogate, or otherwise impair the allocation of water pursuant to the state constitution or laws, 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.
(V) 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 subparagraphs (I) to (IV) of this paragraph (a);
(VI) Methods for assuring access to appropriate conditions for solar, wind, or other alternative energy sources;
(VII) 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, such agreement may be incorporated by reference into the master plan.
(VIII) 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;
(IX) A land classification and utilization program;
(X) Projections of population growth 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.
(XI) 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, C.R.S., 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.

C.R.S. § 30-28-106

Amended by 2020 Ch. 82,§ 1, eff. 9/14/2020.
L. 39: p. 296, § 5. CSA: C. 45A, § 5. CRS 53: § 106-2-5. L. 59: p. 618, § 3. C.R.S. 1963: § 106-2-5. L. 66: p. 41, § 4. L. 73: pp. 467, 1054, §§ 4, 17. L. 79: (3)(a) amended, p. 1159, § 1, effective May 25. L. 83: (3)(d) added, p. 1236, § 4, effective April 23. L. 97: (3)(e) to (3)(g) added, p. 414, § 1, effective April 24. L. 2000: (1), (2)(a), and (3)(a) amended, p. 869, § 1, effective August 2. L. 2001, 2nd Ex. Sess.: (4) and (5) added, p. 21, § 1, effective January 8, 2002. L. 2002: (5) amended, p. 1036, § 83, effective June 1. L. 2005: (6) added, p. 223, § 2, effective August 8. L. 2007: IP(3)(a) and (3)(f) amended and (7) added, p. 612, § 1, effective August 3. L. 2010: (3)(a)(II) and (6) amended, (HB 10-1205), ch. 242, p. 1078, §2, effective August 11. L. 2012: IP(3)(a) and (3)(a)(XI)(B) amended, (HB 12-1317), ch. 248, p. 1205, § 12, effective June 4.