Colorado § 29-27-403 - Deemed approval of facilities.

§ 29-27-403. Deemed approval of facilities.

(1) (a) A collocation application or siting application for a wireless service facility submitted to a local government is deemed approved by the local government if:

(I) The local government has not approved or rejected the application within ninety days after the applicant submits an application; except that the period for approval or rejection of a siting application that is not for a collocation or a small cell facility is one hundred fifty days after the applicant submits an application;

(II) The applicant has provided all public notices of the application required under applicable law; and

(III) The applicant has provided notice to the local government that the applicable time period described in subsection (1)(a)(I) of this section has lapsed and that the application is deemed approved pursuant to this section.

(b) A local government may toll the applicable period described in subsection (1)(a)(I) of this section to allow the local government to make timely requests, pursuant to subsection (1)(g) of this section, for information to complete a collocation or siting application. The applicable period described in subsection (1)(a)(I) of this section may also be extended by mutual written agreement of the applicant and the local government.

(c) A local government may also toll the applicable period described in subsection (1)(a)(I) of this section if it determines based on its available resources that it cannot reasonably and adequately review the collocation application or siting application as well as a previously submitted land use application related to housing intended to provide affordable or attainable housing, renewable energy, projects of governmental entities, or any other project, provided that a federal, state, or local law establishes a timeline for review. The period of tolling shall occur only once and shall not be longer than forty-five days to review all other such pending land use applications. The local government shall notify the applicant in writing within thirty days after submission of the collocation application or siting application of the duration of the period of tolling and the reason for its determination. Nothing in this section relieves a local government of its obligation to comply with the timelines for wireless service facility permitting established by federal and state law.

(d) If a local government requires an applicant to obtain a traffic control plan or other permit related to obstruction of, or safety in, a public right-of-way before a collocation or siting application is approved, the applicant shall not commence the construction or substantial change of a wireless service facility pursuant to a collocation or siting application deemed approved pursuant to subsection (1)(a) of this section until the traffic control plan or other permit is obtained.

(e) A local government may seek judicial review of the deemed approval of a collocation application or siting application pursuant to subsection (1)(a) of this section within thirty days after the notice described in subsection (1)(a)(III) of this section is provided to the local government.

(f) A local government shall not:

(I) Unreasonably withhold, condition, or delay approval of the issuance of a traffic control plan or other permit described in subsection (1)(d) of this section to delay the approval of a collocation application or siting application; or

(II) Prohibit or unreasonably discriminate in favor of, or against, any technology in taking action on a collocation or siting application.

(g) If a local government determines that a collocation or siting application is incomplete, the local government shall notify the applicant within thirty days after the submission of the application. The notification must be written, must clearly and specifically identify the missing documents or information that the applicant must submit to render the application complete, and must identify the specific regulation creating the requirement to provide the missing documents or information. Tolling of the period described in subsection (1)(a)(I) of this section begins on the date that the local government provides this notification and ends on the date that the applicant provides the requested information.

(2) Except as otherwise expressly provided in this section, nothing in this section limits or affects the authority of a local government over the placement or construction of a wireless service facility.

(3) Nothing in this section supersedes, nullifies, or otherwise alters generally applicable and nondiscriminatory building, electrical, fire, or other safety requirements.

(4) Nothing in this section shall be interpreted or implemented in a way that prevents a local government from promptly acting on any other permit for use, occupation, installation, modification, repair, or operation in the public rights-of-way, including but not limited to permits for broadband facilities.

(5) Notwithstanding any other provision of this section, an applicant seeking to construct a facility within the exterior boundaries of an Indian reservation on land owned by the tribe must obtain the written consent of the applicable tribal government.

Source: L. 2014: Entire part added, (HB 14-1327), ch. 149, p. 506, § 2, effective August 6. L. 2017: (1) and (3) amended, (HB 17-1193), ch. 143, p. 475, § 3, effective July 1. L. 2025: Entire section R&RE, (HB 25-1056), ch. 434, p. 2507, § 3, effective January 1, 2026.