Colorado § 31-12-501 - Application - enactment - filing - definitions.

§ 31-12-501. Application - enactment - filing - definitions.

(1) When the owner of a tract of land within and adjacent to the boundary of a municipality desires to have said tract disconnected from the municipality, the owner may apply to the governing body of the municipality for the enactment of an ordinance disconnecting the tract of land from the municipality. The owner shall also provide notice and a copy of the application to the board of county commissioners of the county in which the tract of land that is the subject of the application is located, to the board of directors of any affected special district, and to any affected urban renewal authority. No later than the effective date of the disconnection of a particular tract of land, any vested property rights affecting the tract that have been established pursuant to article 68 of title 24 prior to such date that are possessed by the owner of the tract shall be expired or relinquished.

(2) (a) Not more than thirty days after receiving the notice required by subsection (1) of this section, the board of county commissioners, the board of directors of any affected special district, or any affected urban renewal authority may request a meeting with the owner and the governing body of the municipality, or its appointee, to discuss and address any negative impacts that would result from the disconnection, including any change in the level or extent of services being provided by an affected special district or any interference with the implementation of an urban renewal plan of any affected urban renewal authority. If such meeting is requested, the owner and the governing body or its appointee shall meet with the board of county commissioners, or its appointee, the board of any affected special district, or its appointee, or any affected urban renewal authority, or its appointee, not more than thirty days after the meeting was requested. Failure by the board of county commissioners, the board of any affected special district, or any affected urban renewal authority to request a meeting constitutes an acknowledgment by the particular board or authority that the disconnection will not adversely affect the county, the affected special district, or the affected urban renewal authority, as applicable.

(b) (Deleted by amendment, L. 2026.)

(3) On receipt of such application, the governing body of the municipality shall give due consideration to the disconnection application, and, if such governing body is of the opinion that the best interests of the municipality will not be prejudiced by the disconnection of such tract, it shall enact an ordinance effecting such disconnection.

(4) If such an ordinance is enacted, it is immediately effective upon the required filing with the county clerk and recorder to accomplish the disconnection, and two certified copies thereof shall be filed by the clerk in the office of the county clerk and recorder of the county in which such tract lies. The county clerk and recorder shall file the second certified copy with the division of local government in the department of local affairs, as provided by section 24-32-109, C.R.S.

(5) (a) Any tract of land that has been disconnected from a municipality, whether by means of an ordinance enacted under subsection (3) of this section or a court decree that has been entered under part 6 of this article 12, shall be made subject to the applicable county's zoning resolution and map and other land development regulations within ninety days after the effective date of the disconnection as described in subsection (4) of this section. Any provision of the county's zoning resolution, zoning map, or zoning plan automatically applying a uniform zoning classification to all land that may be disconnected in the future is void and of no effect as to any particular tract of land. The county may institute the procedure specified in the Colorado Revised Statutes, in its zoning resolution or zoning plan, or in its other land development regulations to allow the particular tract of land to obtain the necessary land entitlements at any time after the county receives the notice from the municipality regarding enactment of an ordinance disconnecting the tract from the municipality described in subsection (1) of this section; except that any such zoning resolution, zoning plan, or other land development action shall not be enacted and made effective until the tract of land has been disconnected from the municipality in accordance with this section.

(b) During the ninety-day period specified in subsection (5)(a) of this section, or such lesser time as is required to satisfy such requirement, the county may elect not to issue any building or occupancy permit for all or any portion of the land area that is the subject of the disconnection application.

(c) Any county may commence the procedure specified in its own subdivision regulations to subdivide the tract of land that is the subject of the disconnection application at any time after the disconnection has been completed and the ordinance has been filed with the county clerk and recorder in accordance with subsection (4) of this section; except that the county shall not make a final decision approving the subdivision until zoning affecting the particular tract of land has been enacted in accordance with subsection (5)(a) of this section.

(6) As used in this section, unless the context otherwise requires:

(a) "Affected special district" means any special district that, by its service plan or pursuant to an intergovernmental agreement, is or will be expected to provide service to the tract of land that is the subject of the disconnection application.

(b) "Affected urban renewal authority" means any urban renewal authority formed pursuant to part 1 of article 25 of this title 31 with an urban renewal area described in an urban renewal plan that includes the tract of land that is the subject of the disconnection application.

Source: L. 75: Entire title R&RE, p. 1100, § 1, effective July 1. L. 2016: Entire part amended, (HB 16-1272), ch. 82, p. 209, § 1, effective August 10. L. 2020: (1) amended and (5) added, (HB 20-1133), ch. 99, p. 384, § 1, effective September 14. L. 2026: (1) and (2) amended and (6) added, (HB 26-1253), ch. 100, p. 396, § 1, effective August 12.

Editor's note: (1) This section is similar to former § 31-8-601 as it existed prior to 1975.

(2) Section 8(2) of chapter 100 (HB 26-1253), Session Laws of Colorado 2026, provides that the act changing this section applies to applications for disconnection from a municipality and petitions for disconnection from a city or town commenced on or after August 12, 2026.