Colorado § 24-65.1-501 - Permit for development in area of state interest or to conduct an activity of state interest required.

§ 24-65.1-501. Permit for development in area of state interest or to conduct an activity of state interest required.

(1) (a) Any person desiring to engage in development in an area of state interest or to conduct an activity of state interest shall file an application for a permit with the local government in which such development or activity is to take place. A reasonable fee determined by the local government sufficient to cover the cost of processing the application, including the cost of holding the necessary hearings, shall be paid at the time of filing such application.

(b) The requirement of paragraph (a) of this subsection (1) that a public utility obtain a permit shall not be deemed to waive the requirements of article 5 of title 40, C.R.S., that a public utility obtain a certificate of public convenience and necessity.

(2) (a) Not later than thirty days after receipt of an application for a permit, the local government shall publish notice of a hearing on said application. Such notice shall be published once in a newspaper of general circulation in the county, not less than thirty days nor more than sixty days before the date set for hearing.

(b) If a person proposes to engage in development in an area of state interest or to conduct 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.

(c) The local government may maintain a mailing list and send notice of hearings relating to permits in a manner similar to that described in section 24-65.1-404 (2)(b).

(d) If the development or activity involves the construction or expansion of transmission facilities for which the applicant has sought a certificate of public convenience and necessity from the public utilities commission pursuant to section 40-2-126, the local government shall approve or deny issuance of the permit within one hundred eighty days after the application is deemed complete and public notice of the application is given. If the local government does not deny issuance of the permit within that period, the application is deemed approved.

(3) The local government may approve an application for a permit to engage in development in an area of state interest if the proposed development complies with the local government's guidelines and regulations governing such area. If the proposed development does not comply with the guidelines and regulations, the permit shall be denied.

(4) The local government may approve an application for a permit to conduct an activity of state interest if the proposed activity complies with the local government's regulations and guidelines for conduct of such activity. If the proposed activity does not comply with the guidelines and regulations, the permit shall be denied.

(5) The local government conducting a hearing pursuant to this section shall:

(a) State, in writing, reasons for its decision, and its findings and conclusions; and

(b) Preserve a record of such proceedings.

(6) After May 17, 1974, any person desiring to engage in a development in a designated area of state interest or to conduct a designated activity of state interest who does not obtain a permit pursuant to this section may be enjoined by the appropriate local government from engaging in such development or conducting such activity.

(7) As part of an application for a permit under subsection (1) of this section, a transmission provider, as defined in section 33-45-102 (11), must demonstrate to the local government through written documentation that it has complied with sections 29-20-108 (6) and 33-45-103 (2).

Source: L. 74: Entire article added, p. 350, § 1, effective May 17. L. 2005: (1)(a), (2)(a), and (6) amended, p. 668, § 5, effective June 1. L. 2021: (2)(d) added, (SB 21-072), ch. 329, p. 2127, § 6, effective June 24. L. 2022: (7) added, (HB 22-1104), ch. 97, p. 465, § 3, effective April 13.

Cross references: For the legislative declaration in HB 22-1104, see section 1 of chapter 97, Session Laws of Colorado 2022.

ANNOTATION

Law reviews. For comment, "Regionalism or Parochialism: The Land Use Planner's Dilemma", see 48 U. Colo. L. Rev. 575 (1977).

Permit procedure under this section, which is effectuated by local government regulations, is reasonably designed to achieve the general assembly's power to regulate the manner of effecting an appropriation or diversion of water through legislation. City & County of Denver v. Bd. of County Comm'rs, 760 P.2d 656 (Colo. App. 1988), aff'd, 782 P.2d 753 (Colo. 1989).

If a proposed project fails to satisfy even one criterion contained in the applicable regulations, the permit must be denied. Colo. Springs v. Eagle County Bd. of County Comm'rs, 895 P.2d 1105 (Colo. App. 1994).

Denial of permit applications did not constitute abrogation of cities' home rule powers to operate extraterritorial water works under art. XX, § 1, of the state constitution. Colo. Springs v. Eagle County Bd. of County Comm'rs, 895 P.2d 1105 (Colo. App. 1994).

General assembly intended the permitting process under this section to apply to utility projects that involve designated activities of state interest and § 30-28-110 to apply to any other utility project. Colo. Springs v. Eagle County Bd. of County Comm'rs, 895 P.2d 1105 (Colo. App. 1994).

Applied in C & M Sand & Gravel v. Bd. of County Comm'rs, 673 P.2d 1013 (Colo. App. 1983).