Section 30-28-106 - Master plan - definition(1) It is the duty of a county planning commission to make and adopt a master plan for the physical development of the unincorporated territory of the county, subject to the approval of the county commission having jurisdiction thereof. When a county planning commission decides to adopt a master plan, the commission shall conduct public hearings, after notice of such public hearings has been published in a newspaper of general circulation in the county in a manner sufficient to notify the public of the time, place, and nature of the public hearing, prior to final adoption of a master plan in order to encourage public participation in and awareness of the development of such plan and shall accept and consider oral and written public comments throughout the process of developing the plan.(2)(a) It is the duty of a regional planning commission to make and adopt a regional plan for the physical development of the territory within the boundaries of the region, but no such plan shall be effective within the boundaries of any incorporated municipality within the region unless such plan is adopted by the governing body of the municipality for the development of its territorial limits and under the terms of paragraph (b) of this subsection (2). When a regional planning commission decides to adopt a master plan, the commission shall conduct public hearings, after notice of such public hearings has been published in a newspaper of general circulation in the region in a manner sufficient to notify the public of the time, place, and nature of the public hearing, prior to final adoption of a master plan in order to encourage public participation in and awareness of the development of such plan and shall accept and consider oral and written public comments throughout the process of developing the plan.(b) Any plan adopted by a regional planning commission shall not be deemed an official advisory plan of any municipality or county unless adopted by the planning commission of such municipality or county.(3)(a) The master plan of a county or region, with the accompanying maps, plats, charts, and descriptive and explanatory matter, must show the county or regional planning commission's recommendations for the development of the territory covered by the master plan. The master plan of a county or region is an advisory document to guide land development decisions; however, the master plan or any part thereof may be made binding by inclusion in the county's or region's adopted subdivision, zoning, platting, planned unit development, or other similar land development regulations after satisfying notice, due process, and hearing requirements for legislative or quasi-judicial processes as appropriate.(a.3)(I) The county or regional planning commission shall follow the procedures in section 24-32-3209. For purposes of this section, any special district that supplies water to the area covered by the master plan is a neighboring jurisdiction as defined in section 24-32-3209 (1)(h).(II) In adopting or amending a master plan, the county or regional planning commission shall consider the following, where applicable or appropriate, and any other information deemed relevant by the county or regional planning commission: (A) The applicable housing needs assessments published pursuant to sections 24-32-3702 (1)(b), 24-32-3703, and 24-32-3704;(B) The statewide strategic growth report created pursuant to section 24-32-3707;(C) The natural land and agricultural opportunities report published pursuant to section 24-32-3708; and(D) The Colorado water plan adopted pursuant to section 37-60-106.3.(a.5) The master plan must include: (I) A narrative description of the procedure used for the development and adoption of the master plan, including a summary of any objections to the master plan made by neighboring jurisdictions as defined in section 24-32-3209 (1)(h) and a description of the resolution or outcome of the objections;(II)(A) A water supply element developed in consultation with entities that supply water for use within the county or region to ensure coordination on water supply and facility planning. Nothing in this section requires the public disclosure of confidential information related to water supply or facilities.(B) The water supply element must estimate a range of water supplies and facilities needed to support the potential public and private development described in the master plan, and include water conservation policies, to be determined by the county or local governments within a region, which may include goals specified in the Colorado water plan adopted pursuant to section 37-60-106.3 and policies to implement water conservation and other Colorado water plan goals as a condition of development approval, for subdivisions, planned unit developments, special use permits, and zoning changes.(C) A county or region with a master plan that includes a water supply element shall ensure that its master plan includes water conservation policies at the first amending of the master plan, but not later than July 1, 2025.(D) Nothing in this subsection (3)(a.5)(II) supersedes, abrogates, or otherwise impairs the allocation of water pursuant to the state constitution or any other provision of law, the right to beneficially use water pursuant to decrees, contracts, or other water use agreements, or the operation, maintenance, repair, replacement, or use of any water facility.(E) The department of local affairs may hire and employ one full-time employee to provide educational resources and assistance to a county or region that includes water conservation policies in the water supply elements of master plans as required by this subsection (3)(a.5)(II).(III) A strategic growth element that integrates elements of the master plan to discourage sprawl and promote the development or redevelopment of vacant and underutilized parcels in urban areas to address the demonstrated housing needs of the county or region and mitigate the need for extension of infrastructure and public services to develop natural and agricultural lands for residential uses. The strategic growth element must include:(A) A description of existing and potential policies and tools to promote strategic growth and prevent sprawl;(B) An analysis of vacant and underutilized sites that identifies vacant, partially vacant, and underutilized land near existing or planned transit or job centers that could be used for infill development, redevelopment, and new development of housing; assesses the general feasibility of the development or redevelopment of such sites for residential use based on existing and needed infrastructure, transportation capacity, access to public transit, and public facilities and services to serve such sites; describes the public benefits of the development or redevelopment of such sites to the county or region as an alternative to the development of previously undeveloped natural or agricultural land; and in a manner that is consistent with the master plan, designates such sites for which development or redevelopment is deemed to be generally feasible for future uses that include residential uses in a manner that addresses the demonstrated housing needs of the county or region at all income levels; and(C) An analysis of undeveloped sites that identifies previously undeveloped parcels that are not adjacent to developed land, including existing natural and agricultural land, under consideration for future development, and, for a county or region in a metropolitan planning organization established under the "Federal Transit Act of 1998," 49 U.S.C. sec. 5301 et seq., as amended, land outside of census urban areas as defined by the United States bureau of the census; assesses the general feasibility of the development of such sites for residential use based on existing and needed infrastructure, transportation capacity, access to public transit, and public facilities and services to serve such sites; and describes the long-term fiscal impact to the county or region of the construction, ownership, maintenance, and replacement of infrastructure and public facilities and the provision of public services to serve development of such sites;(IV) The most recent housing action plan or plans adopted by the county or municipalities within the region pursuant to section 24-32-3705; and(V) For a master plan by a regional planning commission, the most recent version of the master plan required by section 31-12-105 (1)(e) by each municipality that is part of the regional planning commission and a description of how each jurisdiction will integrate that plan into the master plan.(a.7)(I) A county or region with a master plan shall ensure that its master plan includes a water supply element and a strategic growth element as required by subsection (3)(a.5) of this section at the first amending of the master plan that occurs on or after January 1, 2026, but not later than December 31, 2026. The master plan of a county or region adopted or amended after December 31, 2026, must include a water supply element and strategic growth element as required by subsection (3)(a.5) of this section. The county or region must update the water supply element and strategic growth element no less frequently than every five years.(II) A county or region with a master plan is not required to include a strategic growth element, if the county or region has not received funding to include the strategic growth element pursuant to section 24-32-3710 and either: (A) Has a population of twenty thousand or less in the county's unincorporated territory and has experienced negative population change in the most recent decennial census; or(B) Has a population of five thousand or less in the county's unincorporated territory.(a.9) The master plan may include, where applicable or appropriate:(I) The general location, character, and extent of existing, proposed, or projected streets or roads, rights-of-way, viaducts, bridges, waterways, waterfronts, parkways, highways, mass transit routes and corridors, and any transportation plan prepared by any metropolitan planning organization that covers all or a portion of the county or region and that the county or region has received notification of or, if the county or region is not located in an area covered by a metropolitan planning organization, any transportation plan prepared by the department of transportation that the county or region has received notification of and that applies to the county or region;(II) The general location of public places or facilities, including public schools; culturally, historically, or archaeologically significant buildings, sites, and objects; playgrounds, forests, reservations, squares, parks, airports, aviation fields, military installations; and other public ways, grounds, open spaces, trails, and designated federal, state, and local wildlife areas. For purposes of this section, "military installation" has the same meaning as specified in section 29-20-105.6 (2)(b).(III) The general location and extent of public utilities, terminals, capital facilities, and transfer facilities, whether publicly or privately owned, for water, light, power, sanitation, transportation, communication, heat, and other purposes and any proposed or projected needs for capital facilities and utilities, including the priorities, anticipated costs, and funding proposals for such facilities and utilities;(IV) The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, modification, or change of use of any of the public ways, rights-of-way, including the coordination of such rights-of-way with the rights-of-way of other counties, regions, or municipalities, grounds, open spaces, buildings, properties, utilities, or terminals referred to in subsections (3)(a.5)(II)(C), (3)(a.9)(I), (3)(a.9)(II), and (3)(a.9)(III) of this section;(V) Methods for assuring access to appropriate conditions for solar, wind, or other alternative energy sources, including geothermal energy used for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation;(VI) The general character, location, and extent of community centers, townsites, housing developments, whether public or private; the existing, proposed, or projected location of residential neighborhoods and sufficient land for future housing development for the existing and projected economic and other needs of all current and anticipated residents of the county or region; and urban conservation or redevelopment areas. If a county or region has entered into a regional planning agreement, the agreement may be incorporated by reference into the master plan.(VII) The general location and extent of forests, agricultural areas, flood control areas, and open development areas for purposes of conservation, food and water supply, sanitary and drainage facilities, flood control, or the protection of urban development;(VIII) A land classification and utilization program;(IX) Projections of population change and housing needs to accommodate the projected population for specified increments of time. The county or region may base these projections upon data from the department of local affairs and upon the county's or region's local objectives.(X) The location of areas containing steep slopes, geological hazards, endangered or threatened species, wetlands, floodplains, floodways, and flood risk zones, highly erodible land or unstable soils, and wildfire hazards. For purposes of determining the location of such areas, The planning commission should consider the following sources for guidance: (A) The Colorado geological survey for defining and mapping geological hazards;(B) The United States fish and wildlife service of the United States department of the interior and the parks and wildlife commission created in section 33-9-101 for locating areas inhabited by endangered or threatened species;(C) The United States army corps of engineers and the United States fish and wildlife service national wetlands inventory for defining and mapping wetlands;(D) The federal emergency management agency for defining and mapping floodplains, floodways, and flood risk zones;(E) The natural resources conservation service of the United States department of agriculture for defining and mapping unstable soils and highly erodible land; and(F) The Colorado state forest service for locating wildfire hazard areas.(b) Any master plan of a county or region which includes mass transportation shall be coordinated with that of any adjacent county, region, or other political subdivision, as the case may be, to eliminate conflicts or inconsistencies and to assure the compatibility of such plans and their implementation pursuant to this section and sections 30-11-101, 30-25-202, and 30-26-301.(c) The master plan of a county or region shall also include a master plan for the extraction of commercial mineral deposits pursuant to section 34-1-304, C.R.S.(d) The master plan of a county or region may also include plans for the development of drainage basins in all or portions of the county or region. When county subdivision regulations require the payment of drainage fees, as provided in section 30-28-133 (11), the master plan shall include the plan for the development of drainage basins.(e) In creating the master plan of a county or region, the county or regional planning commission may take into consideration the availability of affordable housing within the county or region. Counties are encouraged to examine any regulatory impediments to the development of affordable housing.(f) (Deleted by amendment, L. 2007, p. 612, § 1, effective August 3, 2007.)(g) The master plan of a county or region may include designated utility corridors to facilitate the provision of utilities to all developments in the county or region.(4)(a) Each county that has not already adopted a master plan and that meets one of the following descriptions shall adopt a master plan within two years after January 8, 2002:(I) Each county or city and county that has a population equal to or greater than ten thousand and the population of which has demonstrated an increase of either: (A) Ten percent or more during the calendar years 1994 to 1999; or(B) Ten percent or more during any five-year period ending in 2000 or any subsequent year;(II) Each county or city and county that has a population of one hundred thousand or more.(b) To the extent the county does not meet a description specified in subparagraph (I) or (II) of paragraph (a) of this subsection (4), the counties of Clear Creek, Gilpin, Morgan, and Pitkin shall adopt a master plan within two years after January 8, 2002.(c) The department of local affairs shall annually determine, based on the population statistics maintained by said department, whether a county is subject to the requirements of this subsection (4), and shall notify any county that is newly identified as being subject to said requirements. Any such county shall have two years following receipt of notification from the department to adopt a master plan.(d) Once a county is identified as being subject to the requirements of this subsection (4), the county shall at all times thereafter remain subject to the requirements of this subsection (4), regardless of whether it continues to meet any of the descriptions in paragraph (a) of this subsection (4).(5) A master plan adopted in accordance with the requirements of subsection (4) of this section shall contain a recreational and tourism uses element pursuant to which the county shall indicate how it intends to provide for the recreational and tourism needs of residents of the county and visitors to the county through delineated areas dedicated to, without limitation, hiking, mountain biking, rock climbing, skiing, cross country skiing, rafting, fishing, boating, hunting, shooting, or any other form of sports or other recreational activity, as applicable, and commercial facilities supporting such uses.(6) The master plan of any county adopted or amended in accordance with the requirements of this section on and after August 8, 2005, shall satisfy the requirements of section 29-20-105.6, C.R.S., as applicable.(7) Notwithstanding any other provision of this section, no master plan originally adopted or amended in accordance with the requirements of this section shall conflict with a master plan for the extraction of commercial mineral deposits adopted by the county pursuant to section 34-1-304, C.R.S.(8) A county or regional planning commission shall submit the master plan and any separately approved water supply element and strategic growth element to the division of local government in the department of local affairs. The division of local government shall review master plans and may provide comments to the commission.Amended by 2024 Ch. 290,§ 2, eff. 5/30/2024.Amended by 2022 Ch. 335, § 5, eff. 8/10/2022.Amended by 2020 Ch. 82, § 1, eff. 9/14/2020.L. 39: p. 296, § 5. CSA: C. 45A, § 5. CRS 53: § 106-2-5. L. 59: p. 618, § 3. C.R.S. 1963: § 106-2-5. L. 66: p. 41, § 4. L. 73: pp. 467, 1054, §§ 4, 17. L. 79: (3)(a) amended, p. 1159, § 1, effective May 25. L. 83: (3)(d) added, p. 1236, § 4, effective April 23. L. 97: (3)(e) to (3)(g) added, p. 414, § 1, effective April 24. L. 2000: (1), (2)(a), and (3)(a) amended, p. 869, § 1, effective August 2. L. 2001, 2nd Ex. Sess.: (4) and (5) added, p. 21, § 1, effective 1/8/2002. L. 2002: (5) amended, p. 1036, § 83, effective June 1. L. 2005: (6) added, p. 223, § 2, effective August 8. L. 2007: IP(3)(a) and (3)(f) amended and (7) added, p. 612, § 1, effective August 3. L. 2010: (3)(a)(II) and (6) amended, (HB 10-1205), ch. 1078, p. 1078, § 2, effective August 11. L. 2012: IP(3)(a) and (3)(a)(XI)(B) amended, (HB 12-1317), ch. 1205, p. 1205, § 12, effective June 4. L. 2020: IP(3)(a) and (3)(a)(IV) amended, (HB 20-1095), ch. 331, p. 331, § 1, effective September 14.Section 4(2) of chapter 82 (HB 20-1095), Session Laws of Colorado 2020, provides that the act changing this section applies to master plans adopted or amended on or after September 14, 2020.
2022 Ch. 335, was passed without a safety clause. See Colo. Const. art. V, § 1(3).