Democrats in Colorado Again Introduce Progressive Mandate-filled Land-Use Bills

The State of Colorado is gearing up for the introduction of new legislation that aims to dictate how local municipalities zone, plan, manage, and build their communities. This move follows what critics have called a significant misstep by the Democrat-controlled legislature, which they saw as nothing more than a huge power grab by the state.

Ever since the collapse of a 150-page housing bill (SB23-213), Governor Jared Polis has remained steadfast in his commitment to addressing the state's housing shortage through a supply-side, land-use reform approach. However, this approach has raised concerns about state bureaucracies micromanaging the decisions made by cities and their residents regarding community management.

In the past, local governments and their legislative allies have voiced their opposition to the state's approach, arguing that it removes local control and imposes mandated "affordable housing" in locations determined by the state.

Critics maintain that Governor Polis, his team, and progressive lawmakers under the dome fail to recognize the unique needs of individual communities and instead seek to impose a one-size-fits-all approach to Colorado's diverse communities.

Progressives and Governor Polis claim to have learned from last year's defeat and have made efforts to improve outreach to both critics and supporters.

One of the major issues that both Republicans and Democrats had with the previous bill was its massive size, late introduction in the session, and the secretive drafting process. Lawmakers were kept in the dark about the details until the formal unveiling, which continues to raise concerns among legislators. This time, Democrat lawmakers assert that they have played a more direct role in drafting the various land-use bills and have engaged in more public discussions.

Over the past few months, lawmakers, Governor Polis' staff, local government advocates, and a coalition of housing and climate groups say they have been working to refine and reform a series of proposals that emerged from last year's failed attempt. The legislation has been divided into separate bills, allowing each to stand on its own merits, and some proposals have been set aside. Proponents of the new efforts claim that they will use more incentives rather than penalties to influence how local governments approach density, land use, and development.

The upcoming land-use measures include a transit-oriented development bill that would permit higher density near transit stops in cities, an accessory dwelling units (ADU) bill that would prevent cities from banning or excessively limiting property owners from constructing ADUs, a bill to prohibit occupancy limits in housing except for health or safety reasons, a bill to eliminate minimum parking requirements that add to construction costs in cities, and a bill to enhance housing and growth planning statewide.

Several bills also incorporate affordability and anti-displacement measures to ensure that new development remains accessible and does not lead to the gentrification of entire communities.

READ MORE:

• COLORADO LEGISLATURE RETURNS AMID LINGERING ISSUES AND UNRESOLVED DEBATES

• LOCAL GOVERNMENTS NOW HAVE THE ABILITY TO SUE THE STATE OVER BAD DECISIONS

• COLORADO'S PROPOSED "WATERS OF THE STATE" LAW RAISES CONCERNS OF OVERREGULATION

• NEW POLL SHOWS COLORADANS TRUST LOCAL GOVERNMENTS TO SOLVE ATTAINABLE HOUSING ISSUES

Unlike last year's proposal, none of the bills include reforms to encourage the construction of middle-density housing options, such as duplexes. Additionally, some bills, like the ADU measure, focus primarily on cities along the Front Range and do not apply to rural or resort towns.

As these land-use reform bills are set to be introduced, it is expected that local municipalities, communities, and conservatives will push back against what they perceive as an overreach by the state government. The debate over the balance between local control and state intervention in land-use decisions is likely to intensify in the coming months.