Colorado § 24-32-3705 - Housing action plan.

§ 24-32-3705. Housing action plan.

(1) (a) By January 1, 2028, and no less than every six years thereafter, a local government shall make a housing action plan, which plan is subject to approval by the governing body following a public hearing. A housing action plan must be responsive to an accepted housing needs assessment and demonstrate the local government's commitment to address demonstrated housing needs and guides the local government in developing legislative actions, promoting regional coordination, and informing the public of the local government's efforts to address housing needs in the local government's jurisdiction.

(b) The requirements of this section only apply to a local government that has a population of:

(I) Five thousand or more; or

(II) One thousand or more and either participated in a regional housing needs assessment or would have been deemed, as of January 1, 2024, to be a rural resort community as defined in section 29-32-101 (10).

(c) The requirements of this section do not apply to a local government that has experienced a negative population change of at least one percent in the most recent decennial census.

(2) A local government shall make a housing action plan through an inclusive process with public outreach and engagement throughout the process, including outreach to and engagement of communities at risk of displacement and consideration for participation by persons unable to attend meetings in person or at the local government's regular meeting times. A housing action plan must consider any applicable housing needs assessments, applicable regional and local plans, and any available assessments of the adequacy of public services and public facilities in the local government's jurisdiction. A proposed housing action plan must be posted publicly on a local government's website at least thirty days before the public hearing on the plan.

(3) A housing action plan must include the following baseline components:

(a) A summary report of the local government's progress towards addressing the findings of the applicable housing needs assessment within the local government's jurisdiction. The summary report must include the number of dwelling units constructed or permitted in the local government's jurisdiction during the preceding six years, if such information is available.

(b) A description of how the local government's housing action plan addresses the allocation of regional housing needs to the local government in any applicable regional housing needs assessment;

(c) An assessment of the effect of existing zoning and density permitted in the local government's jurisdiction on the development of the number and types of dwelling units identified in the applicable housing needs assessment;

(d) A plan to promote the equitable and efficient development of the number and types of dwelling units identified through any applicable housing needs assessment as necessary to satisfy housing needs in the local government's jurisdiction at different income levels, including extremely low-, very low-, moderate-, and middle-income households as designated by the United States department of housing and urban development, subject to the availability of adequate public facilities, public services, and water supply;

(e) Locally-appropriate goals, strategies, and actions for promoting the production and preservation of affordable housing development and regulated affordable housing, including at least two strategies included in the standard affordability strategies directory described in section 24-32-3706 (1) and one strategy included in the long-term affordability strategies directory described in section 24-32-3706 (2) that are selected to address the demonstrated housing needs in the local government's jurisdiction and are suitable for the jurisdiction or, if the local government participated in a regional housing needs assessment, the demonstrated housing needs of the applicable region and any regional housing needs allocated to the local government;

(f) A narrative analysis of any area or community that the local government has identified as being at elevated risk of displacement and a plan to mitigate displacement in that area or community, including the identification of at least one displacement mitigation strategy included in the displacement risk mitigation strategies directory described in section 24-32-3706 (4) that the local government selects to address the findings of the local government's narrative analysis and is suitable for the jurisdiction;

(g) A plan for the legislative consideration for adoption of the strategies identified in subsections (3)(e) and (3)(f) of this section;

(h) Any recommended changes to local laws affecting zoning and density in the local government's jurisdiction before the local government conducts the next housing action plan;

(i) An analysis of opportunities to achieve the development of higher-density and regulated affordable housing within a reasonable distance of major transit stops in the jurisdiction;

(j) A narrative description of the public outreach and engagement process for the housing action plan; and

(k) A description of opportunities for intergovernmental coordination to address local and regional housing needs and any such intergovernmental coordination efforts undertaken by the local government.

(4) Within sixty days of approval by the governing body, the local government shall submit the housing action plan developed pursuant to subsection (3) of this section to the department and, if applicable, to the regional entity that conducted a regional housing needs assessment that applies to the local government. The department shall not accept a housing action plan that does not include the components required by subsection (3) of this section. The department shall notify a local government if it does not accept a housing action plan. The department shall post the housing action plan on the department's website after accepting the plan.

(5) A local government that adopted a plan that substantially meets the requirements of subsection (3) of this section and was the subject of a public hearing held no earlier than January 1, 2024, and no later than July 1, 2024, is not required to conduct a housing action plan until five years after the date of the adoption of the plan that substantially meets the requirements of subsection (3) of this section, notwithstanding subsection (1) of this section.

(6) Three years after adopting a housing action plan, a local government shall report progress to the department regarding the adoption of any strategies or changes to local laws identified in the housing action plan or the most recent updated housing action plan. The department shall not accept such a progress report, if the report does not demonstrate that the local government adopted the strategies and changes to local laws identified in the housing action plan or the most recent updated housing action plan, unless the department determines that the local government has both made a good faith effort to adopt theses strategies or changes to local law and has provided the department with a plan for the adoption of alternative strategies or changes to local laws in accordance with this section.

(7) A local government may update a housing action plan at any time by following the process in subsection (2) of this section. A local government shall submit any update to a housing action plan to the department and, if applicable, a regional entity as provided in subsection (4) of this section. The department shall not accept any update that would result in a housing action plan that does not include the components required by subsection (3) of this section. The department shall notify the local government if it does not accept an update. The department shall post the update on its website, after accepting the update.

(8) Population by which a local government is determined to be subject to the provisions of this section must be determined two years prior to the date that the local government is required to complete a housing action plan pursuant to this section.

Source: L. 2024: Entire part added, (SB 24-174), ch. 290, p. 1953, § 1, effective May 30.