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STATE OF COLORADO
RICHARD 0. LAMM, GOVERNOR
OFFICE OF
COLORADO LAND USE COMMISSION
1845 Sherman Street
Denver,Colorado 80203
(303)892-2778
July 3, 1975
TO: ALL COUNTY COMMISSIONERS
FROM: John R. Bermingham, Chairman
SUBJECT: Proposed Guidelines for H.B. 1041
Herewith are two copies of the Land Use Commission' s
proposed guidelines for identification and designation
under H.B. 1041.
One copy is to be made available for public inspection
at the County Commission Office.
The other copy is for your use and review.
Other copies are being sent directly to County Attorneys,
Land Use Administrators and Planners.
Because of the speed with which some counties are proceeding,
it is desirable for these guidelines to be adopted at the
hearing on July 25th, but we also know that it is impossible
to make them exactly right on the first try and that changes
and additions will be made from time to time, after the
25th. ^,/
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j S S PROPOSED GUIDELINES FOR IDENTIFICATION AND DESIGNATION
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1. GENERAL
101. Statutory authority.
Statutory authority for the Land Use Commission includes
the following:*
(1) Guidelines for designation are to be adopted and
issued by the Land Use Commission, H.B. 1041
§401(1) (b) .
(2) Local governments must notify the Land Use Commission
of designation hearings , H. B. 1041 §404(2) (a) , and
upon completion of hearing, all relevant documents
must be forwarded to the Land Use Commission for re-
view, H. B. 1041 §404(5) . Within thirty (30) days the
Land Use Commission shall review the documents for
compliance with the statutory criteria for adminis-
tration and shall accept them or recommend modifica-
tions , H. B. 1041 §406(1) . If modification of the
designation or guidelines is required, the Land Use
Commission shall specify its recommendations in
writing within the thirty-day period, H.B. 1041 §406(2) .
If local government regulations are not considered
adequate, the Land Use Commission may have them re-
viewed in court, H. B. 1041 §407 (1) (c) .
(3) Both identification and designation by a local govern-
ment are part of its master plan, H. B. 1041 , Section 2 ,
adding 1963 C.R. S. 106-3-9 , prospectively 1973 C.R. S .
24-32-111.
(4) Exercise temporary emergency powers , 106-4-3- (2) (a)
and H. B. 1041, initiate designation proceedings ,
106-7-407, and enjoin developments proceeding without
permits , 106-7-501 (6) .
*Since H. B. 1041, as it appears in 1974 Colo. S.L. , pp. 335 ,
et seq. , adding 1963 C.R. S. 106-7-101 , et seq. , is only pro-
spectively codified as 1973 C.R. S. 24-65. 1-101 , et seq . , the
section citations in these guidelines will be to-"H. B. 1041
§
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102. Proposed Commission findings.
The Commission finds that issuance of these guidelines is
necessary and proper, as required by H.B. 1041 @401 (1) (b) .
The form and language of these guidelines have been for-
mulated after various informal meetings held in July and
July, 1975 , with other state agencies and with public
officials in Denver, Greeley, Golden, Montrose, Steamboat
Springs, Durango and Pueblo, and after conducting a formal
hearing in Denver on July 25 , 1975.
103. Matters of state interest.
H. B. 1041 contemplates that local governments will
identify, designate, and administer the following
twenty-one (21) areas and activities of state interest :
Areas Activities
Mineral resource areas Site selection and construction
Geologic hazard areas of major new domestic water and
Wildfire hazard areas sewage treatment systems
Flood hazard areas Major extensions of existing
Historical and archeo- domestic water and sewage
logical resource areas treatment systems
Significant wildlife areas Site selection and development
habitats of solid waste disposal sites
Shorelands of major Site selection of airports
publicly-owned Site selection of rapid or mass
reservoirs transit facilities
Areas around airports Site selection of arterial high-
Areas around major ways and interchanges and
facilities of a collector highways
public utility Site selection and construction
Areas around interchanges of major facilities of a
involving arterial public utility
highways Site selection and development
Areas around rapid or of new communities
mass transit facilities Efficient utilization of munici-
pal and industrial water projects
Conduct of nuclear detonations
104 . Steps in adopting land use regulation.
(1) H.B. 1041 procedures include three distinct steps :
"identification, " "designation, " and "administration. "
(2) Other land use control procedures are authorized by
statutes other than H.B. 1041, and these guidelines
recognize that local governments will sometimes choose
to proceed under those other statutes.
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(3) Section 2 of H.B. 1041, which added a new section,
106-3-9 C.R.S. , 1963 , makes it clear that H.B. 1041
procedures must be integrated with local master plan-
ning. In addition, it is advisable that H.B. 1041
procedures should be integrated with other local land use
controls such as zoning, subdivision regulations, build-
ing codes, 1034 regulations, etc.
(4) The following steps will have to be taken by a local
government in any land use control procedure:
(I) Identification of matters of state interest.
(A) Technical and
(B Official
(II) Followed by either
(A) Designation of matters of state interest
under H.B. 1041 and adoption of local
regulations and guidelines for administration
of such matters,
or
(B) Adoption of land use controls under enabling
legislation other than H.B. 1041
(5) While each of the required procedural steps will be des-
cribed in detail in subsequent portions of these guide-
lines, the following diagram shows their general interre-
lationships:
(a) Technical
identification
(b) Official
ident fication
(c) Designation (e) A option of
under 1041 regulation
under zoning,
(d) Adopt on of PUD, 1034, or
regulation other enabling
under 1041
legislation
(f) Administration, (g) Administration,
issuance of issuance of
permit, etc. permit, etc.
under 1041 under other
enabling
legislation
(6) Some of the required procedural steps may be com-
bined under conditions described in subsequent por-
tions of these guidelines.
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105. Guidelines advise as to procedures.
These guidelines advise local governments of the
procedures for identification, designation, and
administration:
(a) Identification under H.B. 1041, both technical
and official, is described at Sec. 301, t seq.
Advice on descriptions is set forth at Sec. 201,
et seq.
(b) Designation under H.B. 1041 is described at Sec.
401, et sea.
(c) Administration under H.B. 1041 is described at
Sec. 501, et seq.
106 . Land Use Commission review of non-H.B. 1041
land use controls .
The Land Use Commission recognizes that H. B. 1041
is not the only mechanism for local regulation of
matters of state interest since local zoning, sub-
division regulations, 1034 regulations , and other
techniques are also available . Adoption of such
other land use controls , however, does not constitute
identification, designation, and administration under
H. B. 1041 because of the absence of Land Use Commis-
sion notification, review, and approval. From time
to time the Land Use Commission may review non-H.B.
1041 land use controls to determine whether the
intent of H. S. 1041 is being implemented. In the
event that the Land Use Commission determines that
local governments are not proceeding within the in-
tent of H. B. 1041, it may exercise its formal request
powers under H. B. 1041 §407 or its temporary emer-
gency powers as described in §§ Sec.601, 602 .
107 . Priorities for local governments .
Because it is impossible for any one local government
immediately to identify and designate all twenty-one
matters of state interest, each local government must
set its own priorities when developing its own H. B. 1041
work plan. A "work plan" is a plan developed by a local
government and approved by the Department of Local Affairs
for the use of funds received from the State of Colorado
to be used in the identification, designation, and admin-
istration program contemplated by H.B. 1041.
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2. FLEXIBILITY IN TYPES OF DESCRIPTIONS
AND
ALTERNATIVE TYPES OF REGULATIONS
201. Alternative types of descriptions.
(1) Different methods for describing land include the
use of maps , photographs , plats , engineering sur-
veys, and contour lines as well as metes and bounds
descriptions and customary references to the govern-
ment survey by tract or section, township and range.
(2) The method chosen will depend upon a combination of
factors such as:
(a) intended use, for example, whether for planning,
regulatory or tax purposes (tax relief may become
available if use of property is restricted) .
(b) simplicity (or complexity) of the description and
expense of preparation, for example, a map vs. a
metes and bounds description
(c) the need for precise accuracy, for example, an
engineering survey vs. coloring of an area on
a planner' s map, etc.
(3) Descriptions of any sort may be incorporated by reference
202. "Legal description" defined.
(1) A "legal description" of an area is any description from
which it is possible to locate accurately on the ground
the boundaries of the land being described.
(2) A legal description may be a portion of the government
survey, or a map or plat, or a specified contour, city
blocks and lots, or a metes and bounds description.
(3) Whether a description is or is not a "legal description"
depends upon the certainty with which it enables the
boundaries to be located on the ground.
203. Alternative types of local guidelines and regulations.
(1) Since local guidelines and regulations are needed for
a wide variety of different purposes, no single "all
purpose" local regulation or guideline can be proposed.
Even a single type of land use problem, such as control-
ling development in hazardous areas may require different
types of regulatory systems appropriate to different
circumstances.
(2) The circumstances which determine the appropriate kind
of local guidelines and regulations include what is
politically acceptable, what degree of technical infor-
mation is available, the necessity of control, etc.
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(3) All parts of a regulatory scheme must be designed to
work together. If technical information is weak, if
area descriptions are loose, and if only an "early
warning" system is desired, then the control regulation
must take these factors into account. On the other
hand, a quite different type of regulation must be draf-
ted if tight control is to be exercised in an area where
technical information is highly developed and boundaries
have already been accurately surveyed.
204 . Alternate methods of describing hazard areas.
Method A
(1) When a hazard is known or strongly suspected to exist
but the boundary of the hazard has not been established
with precision, then the "hazard area" should be one
that is large enough to provide assurance to a prudent
layman that the hazard lies totally within the area
described. Such an area can be described quickly,
simply, and cheaply, without the necessity of establish-
ing the precise boundaries of the actual or suspected
hazard.
(2) If local regulations and guidelines are to be adopted
for an area described by this method, the regulatory
documents must be drafted in the form of a warning
system that requires a determination of the precise
boundary of the hazard at some later time. The local
regulations and guidelines must specify how the cost
of such determination is to be borne.
(3) Sites within the designated hazard area which ultimately
are determined not to be hazardous would not thereafter
be subject to any further administration under the local
regulations and guidelines.
(4 ) Use of this approach will allow local governments to bring
all hazard areas under control very rapidly at relatively
low cost.
Method B
(1) When a hazard has been confirmed and the precise boun-
dary has already been established, then the "hazard
area" should be described by whatever legal description
is appropriate for the particular area to be regulated.
The local regulations and guidelines must then be drafted
in the form applying to every development proposed within
the designated area.
Other Methods
(1) Methods A and B are suggestions. Local governments are
free to devise other methods .
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205 . Alternate methods of describing other types of areas.
(1) The various systems suggested in Sec. 204 for des-
cribing hazard areas may readily be adapted to wildlife
area, mineral areas, and other areas of state interest.
206 . Alternate methods of describing activities of state
interest.
Method A
(1) The local regulations and guidelines may be drafted to
apply when the activity is conducted anywhere within
the jurisdiction of the local government.
Method B
(1) The local regulations and guidelines may be drafted to
apply only to a specifically-described area within the
jurisdictional boundaries of the local government. This
may be necessary because of differences in terrain,
proximity to habitation, etc. The resulting local guide-
lines and regulations for the conduct of an activity
in one locale may be different from the local guidelines
and regulations for the conduct of the same type of
activity in another locale within the same local juris-
diction. There must be a logical explanation for the
difference, however, to assure "equal protection".
Other Methods
(1) Methods A and B are suggestions. Local governments are
free to devise other methods.
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3. IDENTIFICATION
301. Different types of identification •-- technical
and official.
(1) The word "identification" has different meanings for
different agencies and professions. To avoid con-
fusion, it is necessary to recognize that the word
"identification" as used in H.B. 1041 includes two
separate components : "technical identification" and
"official identification. " Both of these steps must
be completed before an area or activity can be con-
sidered "identified" within the meaning of H.B. 1041.
302 . Technical identification.
(1) Technical identification of areas of state interest is
the act of viewing and preparing a description of the
land within which is located one of the matters of
state interest listed in H.B. 1041 Sec. 201.
Technical identification of an activity under H.B. 1041
is the act of describing any one of the activities of
state interest that are listed in H.B. 1041 Sec. 203.
This may be done in general terms or with reference to
a specific locale.
(2) No legal consequences result from technical identifi-
cation, but the description may become the basis for
an official identification as well as subsequent
designation and regulation.
(3) A "legal description" is not necessary for the technical
identification step, but nothing prevents the use of
a "legal description. "
(4 ) No hearing is required or necessary for the technical
identification step, but nothing prevents the use
of a hearing. A technical review team is also possible.
(5) A technical identification is to be treated as a report
or recommendation and has no official status until it has
been officially adopted by a local government.
303. Technical identification by state agencies.
(1) State agencies will give all possible assistance to
local governments in making identifications. In the
case of wildlife and historical and archeological
resources, state agencies are required to participate in
the identification process by Sec. 202 (3) of H.B. 1041.
The oil and gas commission must participate in identifying
oil and gas resources.
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304 . Guidelines for technical identification.
(1) State guidelines for technical identification are
prepared from time to time by specialized state
agencies with respect to one or more matters of
state interest. The state guidelines are technical
pamphlets or booklets that describe, as simply as
possible, how to identify a particular type of
area or activity.
(2) The title of these publications do not necessarily
include either the word "technical" or "identification. "
Guidelines for technical identification may appear as
portions of pamphlets , booklets or other publications
which also include other types of suggested guidelines,
such as guidelines for designation or guidelines for
local administration.
(3) Appendix A lists publications which are currently avail-
able and which are recommended by various state agencies
for technical identification and local administration
and regulation of matters of state interest. With respect
to procedures for identification and designation, if
there is any conflict between the procedures set forth
in these guidelines and those set forth in the publi-
cations listed in Appendix A, the procedures set forth
in these guidelines will control.
(4) Guidelines prepared by state agencies and referred to
in Appendix A are sometimes loosely termed "guidelines
for designation. " In fact, however, the guidelines
referred to in Appendix A are guidelines for the pro-
cesses of identification and administration. Designation,
however, is a legal step taken by the local governing
body and it is to advise on this legal procedure that
these guidelines have been prepared by the Land Use
Commission. See Sec. 401 et seq. in particular.
305 . Official identification
(1) Until a local government officially recognizes a
technical identification, the technical identification
has no official status. The process by which a local
government actually adopts a "technical" identification
is termed "official identification. "
(2) Official identification is a step which must be taken
at some point in any regulatory system. Depending upon
the circumstances of a particular case, it may be
possible to combine the official identification step
with other steps, such as the adoption of a regulation
and even the issuance or denial of a permit.
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(3) Regulation does not necessarily accompany official
identification and will not accompany it in the H.B. 1041
procedure. Regulations must be adopted by the governing
body of a local government, whereas identification may
be carried out by a planning commission.
(4) Official identification of areas and activities of
state interest under H.B. 1041 is required to be carried
out by resolution of the county planning commissions
and by resolution of the municipal planning commission
in the case of a municipality. (See Sec. 2 of H.B. 1041
which added a new section 106-3-109, C.R.S. 1963. )
(5) Official identification should be made as part of
the local master plan. Just as the master plan
may be adopted in incremental parts , official
identification need not be made for all twenty-one
matters of state interest at one time. While the
official identification process for all matters of
state interest should be completed by the local
planning commission on or before June 30 , 1976 ,
official identification should be made for each
matter of state interest soon after adequate tech-
nical identification has been completed for that
matter.
(6) The description of an area or activity that is
used in an official identification may be the same
description that has been used in the previous
technical identification of the same area or
activity. A different type of description may be
used, however, to provide conformity with other
descriptions used in the master plan or to establish
the basis for any local guidelines or regulations
for which a "legal description" is required.
(7) After an area or activity has been officially iden-
tified, that official identification may then be
used for local designation purposes under H. B. 1041
or for other types of local land use controls
under any other enabling legislation, such as that
under H.B. 1034 or for zoning, subdivision regulations ,
building codes , planned unit development , etc.
306. Official identification - Land Use Commission to be notified.
Because of the need for a report on the use of sub-
stantial sums of money appropriated by the legislature
for the local identification, designation, and admin-
istration programs under H. B. 1041 , a simple notifica-
tion should be sent to the Land Use Commission whenever
an area or activity has been officially identified.
The notification should be accompanied by a copy of the
planning commission resolution by which the official
identification was made.
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307. Official identification for federal purposes .
It should be noted that certain federal programs treat
a technical identification by a state employee or state
agency as an "official identification" for federal pur-
poses . However, these guidelines are issued in further-
ance of state law. Within the meaning of these guide-
lines and H.B. 1041, technical identification of an area
or activity by a state employee or state agency is not
"official identification. "
4. LOCAL DESIGNATION OF MATTERS OF
STATE INTEREST AND ADOPTION OF
OTHER LOCAL REGULATIONS
401. Alternative types of regulatory systems .
With the exception of local and regional mater plan re-
view by appropriate planning commissions , regulation of
an area or activity may be accomplished only by the local
governing body either under the statutory scheme set
forth in H.B. 1041 or under zoning, subdivision regula-
tion, building code, planned unit development , H.B. 1034,
or other enabling legislation. The following sections of
this Part 4 relate only to procedures that must be fol-
lowed if regulation occurs under authority of H.B. 1041.
402. "Designation" defined.
(1) Designation under H.B. 1041 is a legal procedure
which is carried out by the county commissioners
of a county or by a municipal governing body.
(2) "Designations" made under master plans, zoning, or
other authority or by state or federal agencies
are not acceptable as designations under H. B. 1041
unless all requirements for H.B. 1041 designations
have been satisfied.
403. Designation sometimes may be combined with
other proceedings .
(1) Designation may be combined with the adoption of
local guidelines and regulations for administration
as provided in Sec. 4'll, below.
(2) Designation may be combined with official identi-
fication in the case of a home-rule municipality
whose council has responsibility under municipal
charter provisions for the adoption of a master plan.
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(3) Designryn may be combined with c' ideration of
an application for a permit to conduct a designated
activity of state interest or conduct development
in a designated area of state interest as described
in Sec. 411, below.
404. Designation -- _public hearing required.
The local government shall hold a public hearing
before designating an area or activity of state interest
and adopting guidelines and regulations for the admini-
stration thereof , pursuant to H.B. 1041, §404 . Advance
consultation with appropriate state agencies con-
cerning the selection of the date for the hearing
is requested.
405. Notice of public hearing -- contents .
The notice of the local designation hearing must
specify:
(1) The time and place of the hearing.
(2) The place where relevant materials may be examined.
(3) A telephone number where inquiries may be answered.
(4) A description of the area or activity to be desig-
nated. It is not necessary for the notice to set
forth a complete legal description so long as the
description in the notice provides reasonable notice
of the property to be considered. In the designa-
tion of an activity, the areas in which the activity
is to be controlled should be similarly described.
406. Notice of hearing -- publication and timing.
Notice shall be published once at least thirty and not
more than sixty days before the public hearing in a
newspaper of general circulation in the county.
407. Notice of hearing -- to whom notice must be sent.
(1) The local government shall send written notice to the
Colorado Land Use Commission of a public hearing to
be held for the purpose of designation and adoption of
local guidelines and regulations at least thirty days
and not more than sixty days before such hearing.
(2) Any person may request, in writing, that his name
and address be placed on a mailing list to receive
notice of all hearings held pursuant to this section .
If the local government decides to maintain such a
mailing list, it shall mail notices to each person
paying an annual fee reasonably related to the
cost of production, handling, and mailing such
notice. In order to have his name and address
retained on said mailing list, the person shall
resubmit his name and address and pay such fee
before January 31 of each year.
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408. Public hearing -- matters to be considered.
During the public hearing on designation and/or for adoption
of regulations and guidelines for administration, it is
necessary for the following matters to be considered:
(1) The intensity of current and foreseeable develop-
ment pressures , and
(2) Applicable guidelines for designation issued by the
Colorado Land Use Commission.
(3) The boundaries of the proposed area, and
(4) Reasons why the particular area or activity is of
state interest, the dangers that would result from
uncontrolled development of any such area or uncon-
trolled conduct of such activity, and the advantages
of development of such area or conduct of such
activity in a coordinated manner , and
(5) Any master or comprehensive plan pertaining to or
affected by the area or activity under consideration.
409. Public hearing -- procedures to be followed.
Although the procedures to be followed by the officials
in charge of the public hearing should be the procedures
customarily followed by the local government, any specific
procedures required by these guidelines must be followed. ,
410. Public hearing -- type of record to be kept.
The record of the public hearing for a designation and/or
adoption of local guidelines and regulations for adminis-
tration under H. B. 1041 shall consist of the following,
as a minimum:
(1) Notice of the hearing.
(2) Certificate of publication of the notice.
(3) Names and available addresses of persons who presented
written or oral statements.
(4) Evidence of the technical and official identifi-
cations of the matter of state interest proposed
to be designated.
(5) Written findings concerning each of the matters
referred to in Sec.408, above.
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411. Public hearing -- hearing on designation and on
adoption of regulations may be combined.
Local governments may wish to combine designation with
the adoption of local guidelines and regulations for
administration of the designated matter of state interest,
but this is not required by H.B. 1041. It should be
noted that, without such a combined procedure, a mora-
torium is created . See Sec. 417 below.
412. Public hearing -- hearing on designation and hearing
on permit application may be consolidated.
If a person proposes to engage in development in an area
of state interest or for conduct of an activity of state
interest not previously designated and for which guidelines
have not been adopted, the local government may hold one
hearing for determination of designation and guidelines
and granting or denying the permit.
413. Designation -- to be completed within thirty days
of public hearing.
Within thirty days after completion of the public hearing,
the local government, by order, may adopt, adopt with
modification, or reject the particular designation and
guidelines; but the local government, in any case, shall
have the duty to designate any matter which has been
finally determined to be a matter of state interest and
adopt guidelines for the administration thereof.
414. Designation -- form of final order.
(1) The final order of designation shall be in the form
of a resolution in the case of a county and in the
form of an ordinance in the case of a municipality.
(2) "Designations" made under master plans , zoning, or
other authority are not acceptable as designations
under H. B. 1041 unless the Land Use Commission
determines that all statutory and administrative
requirements for H. B. 1041 designations have been
satisfied.
415. Designation -- contents of final order .
The local governing body' s final order of designation
for a matter of state interest must:
(1) Specify the boundaries of the proposed area, and
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(2) State reasons why the particular area or activity
is of state interest, the dangers that would result
from uncontrolled development of any such area or
uncontrolled conduct of such activity, and the
advantages of development of such area or conduct
of such activity in a coordinated manner.
(3) Local guidelines for administration and regulation
may be included.
416. Designation prior to adoption of guidelines for
administration or administrative regulations.
A matter of state interest may be designated by a local
government without guidelines for administration or admin-
istrative regulations for the area or activity being
adopted at the same time, subject to the provisions of
Sec. 417.
417. After designation -- moratorium on development until
guidelines for administration and administrative
regulations have been adopted.
After a matter of state interest is designated by the local
governing body, no person shall engage in development in
such area and no such activity shall be conducted until the
designation and local guidelines and regulations for such
area or activity are finally determined pursuant to Land Use
Commission approval or judicial review. See H.B. 1041 5404 (4) .
418. After designation -- materials must be forwarded to
Land Use Commission for review.
Upon adoption by order in the form of resolution or ordi-
nance of the local governing body, all relevant materials
relating to the local designation as well as the local
regulations and guidelines for administration shall be
forwarded to the Colorado Land Use Commission for review.
419. Review by Land Use Commission.
(1) Not later than thirty days after, receipt of a local
government order designating a matter of state
interest and adopting guidelines and/or regulations
for the administration thereof, the Colorado Land
Use Commission shall review the contents of such
order on the basis of the relevant provisions of
H. B. 1041 and shall accept the designation and
guidelines or recommend modification thereof.
- 15 - 7/3/75
(2) If the Colorado Land Use Commission decides that
modification of the designation or guidelines is
required, the Colorado Land Use Commission shall,
within said thirty-day period, submit to the local
government written notification of its recommenda-
tions and shall specify in writing the modifications
which the Colorado Land Use Commission deems neces-
sary for compliance with the relevant provisions of
H. B. 1041.
420. Local government must respond to recommendations of
the Land Use Commission.
Not later than thirty days after receipt of the modifica-
tions recommended by the Colorado Land Use Commission, a
local government shall:
(1) Modify the local government' s original order in a
manner consistent with the recommendations of the
Colorado Land Use Commission and resubmit the order
to the Colorado Land Use Commission, or
(2) Notify the Colorado Land Use Commission that the
Colorado Land Use Commission' s recommendations are
rejected.
421. Quarterly report of actions taken.
In order that the Land Use Commission and other
state agencies will know the status of the H.B. 1041
program in each local government' s jurisdiction
a report should be submitted showing, for each matter
of state interest, the dates on which the following
steps have been completed:
Technical identification
Official identification
Designation under H.B. 1041
Regulation adopted under H.B. 1041
Regulation adopted under other authority.
The form for this report will be worked out with
the Department of Local Affairs.
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APPENDIX A
Publications of State Agencies Containing
GUIDELINES FOR TECHNICAL IDENTIFICATION,
LOCAL ADMINISTRATION AND REGULATION
of
Areas and Activities of State Interest
Under House Bill 1041 (1974) .
AREAS OF STATE INTEREST PUBLICATIONS
Mineral Resource Areas Special publication No. 6
entitled, "Guidelines and
Criteria for Identifica-
tion and Land Use Controls
of Geological Hazard and
Mineral Resource Areas" ,
prepared by Colorado Geo-
logical Survey, 1974
Geological Hazard Areas Special publication No. 6
entitled, "Guidelines and
Criteria for Identifica-
tion and Land Use Controls
of Geological Hazard and
Mineral Resource Areas" ,
prepared by Colorado Geo-
logical Survey, 1974
Wildfire Hazard Areas "Guidelines and Criteria
for Wildfire Hazard Areas" ,
prepared by Colorado State
Forest Service, Colorado
State University, Ft. Col-
lins, Colorado, September,
1974
Flood Hazard Areas "Criteria and Procedures
for Flood Hazard Identifi-
cation" , prepared by Colorado
Water Conservation Board,
August 29 , 1974
"Recommended Guidelines for
Assistance to Local Govern-
ments in Identification of
Matters of State Interest" ,
prepared by Colorado Soil
Conservation Board, October
25, 1974
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Historical and Archaeolo- "Guidelines - History
gical Resource Areas Archaeology" , prepared by
State Historical Society
of Colorado
Significant Wildlife Areas, "Guidelines for Identifi-
Habitats , Shorelands at cation, Designation, and
Major Publicly Owned Administration of Signifi-
Reservoirs cant Wildlife Habitats and
Shorelands of Major Publicly
Owned Reservoirs" , prepared
by Colorado Department of
Natural Resources, Division
of Wildlife, Edited by
Robert Hoover, October, 1974
Areas Around Airports "Airports Guidelines" , pre-
pared by Division of Plan-
ning & Isbill Associates,
Inc. , Denver, February 2 ,
1975
Areas Around Interchanges "Action Plan - Guidelines
Involving Arterial for Local Governments
Highways Decision Making Relating
to Highway Matters of State
Interest" , prepared by Color-
ado Division of Highways,
October, 1974
Areas Around Major Facili- None available
ties of a Public Utility
Areas Around Rapid or Mass None available
Transit Facilities
Resource Data Inventories, "Recommended Guidelines for
Soils, Soil Suitability, Assistance to Local Govern-
Erosion and Sedimenta- ments in Identification of
tion, Floodwater Problems, Matters of State Interest" ,
and Watershed Protection prepared by Colorado Soil
Conservation Board, October
25, 1974
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ACTIVITIES OF STATE INTEREST PUBLICATIONS
Site Selection and Construc- None prepared, draft in
tion of Major New Domestic progress by LUC staff
Water and Sewage Treatment
Systems
Major Extensions of Existing None prepared, draft in
Domestic Water and Sewage progress by LUC staff
Treatment Systems
Site Selection and Develop- None prepared, draft in
ment of Solid Waste and progress by LUC staff
Disposal Sites
Site Selection of Airports See 'Areas of State
Interest - Areas Around
Airports '
Site Selection of Rapid or "Guidelines for Adminis-
Mass Transit Facilities tration of Rapid or Mass
Transit" , prepared by
LUC staff, October, 1974
Site Selection of Arterial Excerpts prepared from
Highways and Interchanges Division of Highways
and Collector Highways "Action Plan"
Site Selection and Construc- None prepared
tion of Major Facilities
of a Public Utility
Site Selection and Develop- "New Community Guidelines" ,
ment of New Communities prepared by LUC staff,
October 25, 1974, amended
December 2, 1974
Efficient Utilization of None prepared
Municipal and Industrial
Water Projects
Conduct of Nuclear Detona- None Prepared
tions
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COuURADO LAND USE COMMISSION
NOTICE
The Colorado Land Use Commission proposes to adopt guidelines
for identification and designation of matters of state interest
under H.B. 1041 (1974) .
A public hearing on the proposed guidelines will be held on
July 25, 1975, commencing at 10:00 a.m. , Room 132, State Services
Building, 1525 Sherman St. , Denver, Colorado.
The matters to be covered in the guidelines include: definitions,
guidelines of how areas and activities are to be described, differ-
ences between technical identification and official identification,
procedures to be followed in official identifications and desig-
nations of matters of state interest, and the legal effect of
designations.
Copies of the proposed guidelines are available for public
inspection in the office of the Colorado Land Use Commission,
1845 Sherman Street, Denver, Colorado, and in the offices of the
Boards of County Commissioners of each county in the State of
Colorado.
Inquiries concerning the proposed guidelines can be made at
the office of the Colorado Land Use Commission (303) 892-2778.
At the public hearing opinions of the public will be heard,
but written submittals concerning the proposed guidelines are
encouraged. Persons desiring to propose alternative language
are requested to submit their recommendations in writing to the
Commission on or before July 18, 1975. The hearing will not be
an adjudicatory hearing; the order and duration of presentations
will be subject to the control of the chairman.
Persons desiring to have their names placed on the permanent
roster of the Commission's list of interested persons and who
wish to receive notices of Commission affairs by mail should so
inform the Commission. A fee of $10. 00 per annum will be charged
for this service.
John R. Bermingham, Chairman
Colorado Land Use Commission
Denver, Colorado 80203
June 30, 1975
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