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''JJ . D. Arehart
JOHN D. HOOF DEPARTMENT OF LOCAL AFFAI 4J
Governor Ezacuti a Director
1550 Lincoln St.. Room 208, Denver, Colors al)f1205""m.r,
303-892.2771 \\
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June 19, 1974
TO: All County Commissioners: •
-
The purpose of this letter is to spell out as clearly as possible what is
required for participation in the 1041 program.
About a month ago we furnished you an application form for participation
in H. B. 1041. Since then the requirements of the law have been clarified
by an Attorney General's opinion. We have also been able to develop some
administrative policies.
•
Under Section 106-7-403 (2) (b) (II) county participation is dependent upon
the county having a work plan for the use of technical and financial assist-
ance and acceptance of that plan by this Department. Any plan that meets
the following minimum requirements will be accepted and at least $25,000
will be paid promptly to that county. Any county that wishes to complete
more than the minimum program is encouraged to do so, of course.
MINIMUM 1041 WORK PLAN
To participate in the program, a county must adopt a resolution setting forth
the prominent features of the work plan and forward a copy to this Depart-
ment. A sample resolution is enclosed. We are requesting that this step be
completed by July 20, 1974. If there are any problems with a work plan which
you send us we will contact you immediately.
Section 106-3-9 sets the purpose of the money made available to counties
under H. B. 1041: "To prepare, as a part of the comprehensive plan provided
for in Section 106-2-5 and Article 59 of Chapter 139, C.R.S. 1963, a complete
and detailed identification and designation of all matters of state interest
within each county by June 30, 1976." The matters of state interest are to be
selected from the following:
Mineral Resource Areas
Natural Hazard Areas (flood, geologic, forest fire)
Historic and Archaeological Sites
Wildlife Habitats
Airports and Airport Areas
Public Utilities
Highways and Interchanges (These areas and activities are
Mass Transit Facilities described more precisely in
Water and Sewage Facilities Sections 106-7-201 through 204
Solid Waste Sites of the bill.)
New Communities
Water Projects
Nuclear Detonations
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Identification and formulation of guidelines are the first steps and
designation and issuance of permits are the later steps in the procedures
set out in Sections 106-7-401 through 502 of the act.' Certain counties
will want to proceed as rapidly as possible to complete the designation of
the most critical matters of state interest. Many other counties, however,
will want to place their initial emphasis on comprehensive planning, identi-
fication and formulation of guidelines. The act contemplates completion of
the program by June 30, 1976. The work plan for the current year need not
include a commitment to complete the designations during this first year.
Minimum requirements are:
1. County must be committed to development of a comprehensive plan.
•
Section 106-3-9 in the bill requires that the identification program be a
part of a comprehensive plan being developed under Section 106-2-5. There-
fore, the resolution must include a commitment to develop a comprehensive
plan as part of the work plan. Counties are encouraged to pool their funds
for their identification and comprehensive planning programs through their
regional organizations. -
2. County must submit examples of development pressures. The county
must submit some examples to show "that current or reasonably foreseeable
development pressures exist" within the county. The Attorney General's
opinion notes that in Section 106-7-403 (2) (b) (I), the words "development
pressures" have "an extremely broad meaning and encompass almost all types
of activities affecting the character or use of land. . . It is noted that
the amount of 'development pressures' or their nature do not affect the
eligibility or amount of aid given as long as some 'development pressures'
exist."
3. Use of financial and technical assistance. It should be understood
that moneys received under H. B. 1041 may not be used simply for ordinary
administrative expenses by local governments. The moneys must be used for
matters related to the matters of state interest program specified in the
act. Comprehensive tl r"ing is a necessary past of the identification step.
The work plan should specify whether the funds, or any portion of them, will
be transmitted to the regional organization, whether funds will be used for
county planning staff or consultants, and priority matters in the county
identification program can and should be listed from the total list. While
a precise budget is not required, the general outline of your program for
the year should be clear.
4. Agreement to meet standards for scope, detail, accuracy and compara-
bility. Section 106-3-9 requires that the Department, in cooperation with
applicable state agencies, "shall establish standards relative to the scope,
detail, and accuracy of the program and shall insure that all information is
comparable for each county." The resolution of the county should commit the
county to abide by the standards developed by the Department in cooperation
with applicable state agencies. Additional information on this, prepared by
our Division of Planning, is enclosed.
Other statutory requirements. Several other portions of the act and
existing statutes are pertinent:
(1) The last sentence in Section 106-3-9 states that
"Each county shall, upon request of the municipality,
assist the municipality in its identification and
designation program." Participating counties must
be willing to abide by this requirement of the statute.
•
(2) Section 106-7-405 requires that each local government
submit a progress report to the Land Use Commission by
November 13, 1974, (180 days after the effective date
of the act:).
(3) • The Local Government Audit Law requires that all .funds
expended by a local government entity be audited
annralty and this includes moneys received nndnr 1041.
Additional information concerning H. B. 1041, together with suggestions
for the preparation of the work plan, is enclosed. Additional information
concerning standards, criteria, and guidelines and technical assistance
being developed by the various appropriate state agencies will be forwarded
as soon as possible.
If you have any questions about these four items, please contact the
Division of Plarning at 892-2178 immediately.
I am sorry that we have been so long in developing this procedure, but
because of the complexities in H. B. 1041, you can appreciate our concern
in doing this correctly according to the law.
Yours truly,
J. D. Arehart
JDA:jm
Enclosures
BEFORE THE BOARD OF
(SAMPLE) =3OUNTY COMMISSIONERS
OF THE COUNTY OF
STATE OF COLORADO
WHEREAS, this Board has received a letter dated June 19, 1974,
from the Executive Director, Department of Local Affairs, setting forth
requirements of counties for eligibility for financial assistance pursuant
to H. B. 1041 (1974), and
WHEREAS, this County desires to participate in the program and
to fully comply with the requirements of H.B. 1041 to effectuate proper
planning within this county. "
NOW, THEREFORE, BE IT RESOLVED that:
1 . This County will make the program of identification and
designation of matters of state interest a part of this county's compre-
hensive planning program. •
2. This County will meet standards established by the Department
of Local Affairs relative to scope, detail, accuracy and comparability.
•
3. This County hereby finds that the following are examples of
development pressures within the County:
a.
b.
c.
etc.
4. This County will submit a detailed work plan in compliance
with the requirements of said letter indicating how financial and technical
assistance will be used for identification and designation of matters of state
interest within the territory of the county, including all municipalities.
***This Resolution should be returned to the Division of Local Government,
Department of Local Affairs, Room 210, 1550 Lincoln, Denver, Colorado
80203, after Commissioner's signature.
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