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Legislative Year: 2020 Change
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Bill Detail: HB20-1133

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Title Land Use Entitlements And Municipal Disconnection
Status Sent to the Governor (03/23/2020)
Bill Subjects
  • Local Government
House Sponsors T. Kraft-Tharp (D)
H. McKean (R)
Senate Sponsors J. Tate (R)
House Committee Transportation and Local Government
Senate Committee Local Government
Date Introduced 01/16/2020
Description

Section 1 of the bill prohibits an owner of a tract of land that is the
subject of a disconnection application from having the tract disconnected
from a municipality until such time as all vested property rights affecting
the tract have either been terminated or have expired.
The bill makes any tract of land that has been disconnected from
a municipality, whether by means of an ordinance or a court decree,

subject to the applicable county's zoning resolution and map and other
land development regulations within 90 days after the effective date of
the disconnection. The bill specifies that any provision of the county's
zoning resolution, zoning map, or zoning plan automatically applying a
uniform zoning classification to all land that may be disconnected in the
future is void and of no effect as to any particular tract of land. The
county may institute the procedure specified in the Colorado Revised
Statutes in its zoning resolution or zoning plan, or in its other land
development regulations to allow the particular tract of land to obtain the
necessary land entitlements at any time after the county receives the
notice from the municipality regarding enactment of an ordinance
disconnecting the tract from the municipality; except that the bill
prohibits any such zoning resolution, zoning plan, or other land
development action from being enacted and made effective until the tract
of land has been disconnected from the municipality.
During the 90-day period, or such lesser time as is required to
satisfy such requirement, the county may elect not to issue any building
or occupancy permit for all or any portion of the land area that is the
subject of the disconnection application.
The bill permits a county to commence the procedure specified in
its own subdivision regulations to subdivide the tract of land that is the
subject of the disconnection application at any time after the
disconnection has been completed and the ordinance has been filed with
the county clerk and recorder; except that the bill prohibits the county
from making a final decision approving the subdivision until zoning
affecting the particular tract of land has been enacted.
Sections 2 and 3, which apply to the disconnection process by
court decree for statutory cities and statutory towns, respectively, require
any disconnected land to be made subject to the applicable county's
zoning resolution and map and other land development regulations within
90 days after the effective date of the disconnection.

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