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HomeMy WebLinkAboutR1974-10 H.B. 1041 - 1974 Financial Assistance -101111. 7 BEFORE THE BOARD OF • COUNTY COMMISSIONERS • OF THE COUNTY OF EAGLE STATE OF COLORADO • WHEREAS , this Board has received a letter dated June 19, 9174, from the Executive Director, Department of Local Affairs, setting forth requirements of counties for eligibility for financial assistance pursuant to H.B. 1041 (1974) , and WHEREAS , this county desires to participate in the program and to fully comply with the requirements of H.B. 1041 to effectuate proper planning within this county. NOW, THEREFORE , BE IT RESOLVED that: 1. This County will make the program of identification and designation of matters of state interest a part of this county's comprehensive planning program. 2. This County will meet standards established by the Department of Local Affairs relative to scope, detail , accuracy and comparability. 3. This County hereby finds that the following are examples of development pressures within the County: a. rapid growth and development of five new towns including Vail , Eagle-Vail , Benchmark, Beaver Creek and Arrowhead; b. development of trans-county hi-way 1-70 displacing and aggravating traditional land uses and causing intensive land devel opment speculations; • c. several major water impoundment and diversion proposals; d. intensive and disruptive growth pressure on the southwest area ( Basalt) of the County from Aspen - Pitkin County spillover; e. past practice and continuing pressure to plat subdivisions on unstable slopes, avalanche, rock fall and flood plain areas; f. etc l 4. This County will submit a detailed work plan in compliance with the requirements of said letter indicating how financial and technical assistance will be used for identification and designation of matters of state interest within the territory of the county, including alI municipalities. Hereby resolved and signed this 1st day of July 1974. off`; rlosky, hair a • Daniel F. Koprinikar, C missioner ATTEST:` • Maxwell B rz, County Clerk Claude L. Gerard, Commissioner SQF C a4,, • 41 18 26 JOHN D. VANDERHOOF DEPARTMENT OF LOCAL AFFAIRS J. D. Arehart Governor Executive Director 1550 Lincoln St., Room 208. Denver, Colorado 80203 303-892-2771 June 19, 1974 TO: All Co.'.nty Commissioners: The purpose of this letter is to spell out as clearly as possible what is required for participation in the 1041 program. About a month ago we furnished you an application form for participation in H. B. 1041. Since then the requirements of the law have been clarified by an Attorney General 's opinion. We have also been able to develop some administrative policies. Under Section 106-7-403 (2) (b) (II) county participation is dependent upon the county having a work plan for the use of technical and financial assist- ance and acceptance of that plan by this Department. Any plan that meets the following minimum requirements will be accepted and at least $25,000 will be paid promptly to that county. Any county that wishes to complete more than the minimum program is encouraged to do so, of course. MINIMUM 1041 WORK PLAN To participate in the program, a county must adopt a resolution setting forth the prominent features of the work plan and forward a copy to this Depart- - ment. A sample resolution is enclosed. We are requesting that this step be completed by July 20, 1974. If there are any problems with a work plan which aC you send us we will contact you immediately. acl Section 106-3-9 sets the purpose of the money made available to counties The under H. B. 1041: "To prepare, as a part of the comprehensive plan provide' be for in Section 106-2-5 and Article 59 of Chapter 139, C.R.S. 1963, a compli COut and detailed identification and designation of all matters of state inter? Idet2 within each county by June 30, 1976." The matters of state interest are s be 61. prE selected from the following:the Mineral Resource Areas Natural Hazard Areas (flood, geologic, forest fire) b' x Historic and Archaeological Sites apPlic Wildlife Habitats detai.j Airports and Airport Areas cOP$rgi Public Utilities cOunty t Highways and Interchanges (These areas and activitieEare W2th ap Mass Transit Facilities described more precisely -n ° Divl, Water and Sewage Facilities Sections 106-7-201 thrown 204 Solid Waste Sites of the bill.) New Communities Water Projects Nuclear Detonations . . - R ' -, •1 Z 1 .1 - .:',.: 40-1.4." t-..:- } -#t=z1. ra . 0.--<* lt t71 .,- - , . 0-), it ;;N (....1 1 fl11.-,...2.........................0.......15. Td1 ! (•,=;,,, •,1 1..... .T..) Gn ? 4 �� tt, .��� O \ !j w v', ,7 i 1 V • c • v j`7t11- ` lzt `„''4-'.._1‘.':\ 4f(?.5:.-:.•..5IA A ` I vN •Ct IZ. . 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' � 1` , ` i ;'4! k a . \.' � q. iV1 a 0 Q it - � hQ � ��-: �- �^ z !-� �i d' {i cr r y 4" _ ,J ... 1,.. cti - .1�•.l i Q 44 ii BEFORE THE BOARD OF • COUNTY COMMISSIONERS (SAMPLE) OF THE COUNTY OF STATE OF COLORADO WHEREAS, this Board has received a letter dated June 19, 1974, from the Executive Director, Department of Local Affairs, setting forth requirements of counties for eligibility for financial assistance pursuant to H. B. 1041 (1974), and WHEREAS, this county desires to participate in the program and to fully comply with the requirements of H.B. 1041 to effectuate proper planning within this county. NOW, THEREFORE, BE IT RESOLVED that: 1 . This County will make the program of identification and designation of matters of state interest a part of this county's compre- hensive planning program. 2. This County will meet standards established by the Department of Local Affairs relative to scope, detail, accuracy and comparability. 3. This County hereby finds that the following are examples of development pressures within the County: a. b. c. etc. 4. This County will submit a detailed work plan in compliance with the requirements of said letter indicating how financial and technical assistance will be used for identification and designation of matters of state interest within the territory of the county, including all municipalities. ***This Resolution should be returned to the Division of Local Government, Department of Local Affairs, Room 210, 1550 Lincoln, Denver, Colorado 80203, after Commissioner's signature. • • DIGEST OF HOUSE BILL 1041 , 1974 Pa go. A. PURPOSE 1 • B. MATTERS OF STATE INTEREST 1 . Areas of state interest 1 2. Activities of state interest 1 C. FUNCTIONS OF COUNTIES AND MUNICIPALITIES 1 . Identification and designation of matters of state interest 1 2. Administration of designated matters 3 a. Guidelines 3 b. Criteria 3 (1) Areas of state interest 3 (2) Activities of state interest 5 c. Permits 6 d. Exceptions 6 D. F`UNCTIONS OF STATE AGENCIES 1 . Land Use Commission 7 a. Guidelines for designation 7 b. Assistance to counties and municipalities 7 c. Review of designation and guidelines 7 d. Initiation of designation and guidelines 7 • e. Temporary emergency power 7 2. Department of Local Affairs a. Overseeing and coordinating designation assistance 8 b. Statewide I & D program 8 3. Colorado Water Conservation Board 8 4. Colorado Soil Conservation Board 9 5. Colorado State Forest Service 9 6. Colorado Geological Survey 9 7. Colorado Division of Mines 9 8. Division of Wildlife 9 9. Colorado Oil and Gas Conservation Commission 9 10. State Historical Society 10 11 . Department of Natural Resources 10 12. Any State agency 10 E. PERSONS 1 . Mailing list for hearings 10 2. Stay of development 10 3. Application for permit 10 4. Noncompliance 11 DEFINITIONS 11 STATE PERMITS 11 ' s • DIGEST OF HOUSE BILL 1041 , 1974 "Concerning land use, a;,d providing for identification, designation, and administration of areas and activities of State interest. . . " A. PURPOSE • As part of a "statewide system of land use" (106-4-1 , referred to in the Legislative Declaration, 106-7-101), local governments, with the assistance of "appropriate State agencies," are to identify and designate areas and activities of State interest as described in the bill, and to promulgate guidelines for the administration of and administer such areas and activities of State interest. B. MATTERS OF STATE INTEREST 1 . Areas of State interest (106-7-201) a. Mineral resource areas b. Natural hazard areas (1) Floodplains (2) Wildfire hazard areas (3) Geologic hazard areas c. Areas containing or having a significant impact on historical, natural, or archaeological resources of statewide importance d. Areas around key facilities e . Areas around airports; utilities; interchanges involving arterial highways; mass transit terminals, stations, or guideways • 2. Activities of State interest (106-7-203) a. Site selection and construction of major new domestic water and sewage treatment systems and major extensions of existing domestic water and sewage treatment systems b. Site selection and development of solid waste disposal sites c. Site selection of airports d. Site selection of rapid or mass transit terminals, stations, and fixed guideways e. Site selection of arterial highways and interchanges and collector highways f. Site selection and construction of major facilities of a public utility g. Site selection and development of new communities h. Efficient utilization of municipal and industrial water projects i. Conduct of nuclear detonations C. FUNCTIONS OF COUNTIES AND MUNICIPALITIES 1 . Identification and designation of matters of State interest Acting separately or "through an organized group of counties or counties and municipalities" (a council of governments or regional planning commission) and utilizing funds appropriated through the -1- • Department of Local Affairs (106-3-9), * "Each county desiring to participate" is to identify and, after public hearing, designate matters of State interest "as a part of the comprehensive plan" (106-3-9), taking into account: a. "The intensity of current and foreseeable development pressures" (106-7-301) • b. Criteria contained in the act for the administration of matters of State interest (106-7-202 and -204; see Administration, below) c. Applicable guidelines issued by State agencies (106-7-301 , -401; see Functions of State Agencies, below) In identifying matters of State interest for designation, a local govern- ment must specify the boundaries of the proposed area and "state reasons why the particular area or activity is of State interest, the dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantages of development of such area or conduct of such activity in a coordinated manner. " (106-7-401). In addition to identifying, a local government must develop guidelines for administration of the matters of State interest to be designated. • (106-7-402; see Administration, below). "The local government shall hold a public hearing before designating an area or activity of State interest and adopting guidelines for admin- istration thereof. " Public notice is to be provided in a newspaper of general circulation at least thirty and not more than sixty days before the public hearing, and written notice must be sent to the Land Use Commission during the same time period. Within thirty days after the public hearing, the local government "shall designate any matter which has been finally determined to be a matter of State interest and adopt guidelines for the administration thereof. " "All relevant materials shall be forwarded to the Land Use Commission for review." (106-7-404) * "Identification and designation of matters of State interest program - one million five hundred seventy-five thousand dollars ($1 ,575,000); supplemental planning - five hundred thousand dollars ($500,000)" from date of passage of bill to June 30, 1975 (Sect. 5, H .8 . 1041). • -2- • • •. Not later than 180 days after the effective date of the bill, the local • government is to report to the Land Use Commission progress made toward designation and adoption of guidelines for administration of matters of State interest. (106-7-405). Upon receipt of recommendations of the Land Use Commission with respect to a designation and guidelines (within thirty days of receipt by the L.U.C.), a local government shall "modify the original order in a manner consistent with the recommendations of the Colorado Land Use Commission and resubmit the order . . : or notify the Colorado Land Use Commission that the Colorado Land Use Commission's recommendations are rejected. " (106-7-406) If the Land Use Commission submits a formal request to a local government on a specific matter which the Land Use Commission considers to be a matter of State interest, the local government shall hold a hearing as above, and issue its order thereunder. (106-7-407) (If the local government fails to designate or to adopt guidelines, the Land Use Commission may seek judicial review -- see Functions of State Agencies, below) The counties are to assist the municipalities in the identification and designation program upon request; and in any municipality which Fails to undertake such program, to prepare such identification and desig- nation. (106-3-9) A local government may send recommendations to other local governments and the Land Use Commission relating to matters of State interest. (106-7-301) 2. Administration of designated matters a. Guidelines for administration are to be based on the criteria set • forth in the bill (see below), or on requirements more stringent than those contained in the criteria. A local government "may adopt regulations interpreting and applying its adopted guide- lines in relation to specific developments in areas of State interest and to specific activities of State interest." (106-7-402) b. Criteria (1) Areas of State interest (106-7-202) (a) Mineral resource areas "shall be protected and adminis- tered in such a manner as to permit the extraction and exploration of minerals therefrom, unless extraction and exploration would cause significant danger to public health and safety. " If the economic value of the minerals is less than the value of another use, such other use should be given preference. Exploration and extraction must be done so as to minimize environmental distur- bance, and surface areas must be reclaimed. Sand and gravel areas and areas of oil, gas, and geothermal resource development are treated separately. -3- . (b) Natural hazard areas • 1 . Floodplains to be administered so as to minimize danger to public health and safety or property, encouraging open-space activities (agriculture, recreation, mineral extraction, etc.), using special precautions for building of structures, and protecting wells, disposal sites, septic tanks, . etc. , from inundation. (Colorado Water Conserva- tion Board is to provide model floodplain regulation by September 30, 1974; areas of corrosive soil, expensive soil and rock, or siltation to be identified by Colorado Soil Conservation Board.) 2. Wildfire hazard areas in which residential activity is to take place to be administered so as to minimize hazards to public health and safety or property, with adequate roads for fire and other safety equipment, firebreaks and other means of reducing conditions conducive to fire. (Colorado State Forest Service to promulgate model wildfire hazard area control regulation by September 30, 1974.) 3. Geologic hazard areas: minimize significant hazards to public health and safety and property. (Colorado Geological Survey to promulgate model geologic hazard control regulation by September 30, 1974.) Natural hazard areas are to be administered in a manner consistent with guidelines promulgated by the State agencies named above. (c.) Areas containing or having a significant impact upon historical, natural, or archaeological resources of Statewide importance (to be determined by State Historical Society, Department of Natural Resources, and local government) are to be administered "by the appropriate State agency in conjunction with the appropriate local government in a manner that will allow man to function in harmony with, rather than be destructive to, these re- sources." Consideration is to be given to the protection of areas essential for wildlife habitat. (d) Areas around key facilities are to be administered in such a manner as to minimize danger from the key facility itself, and to discourage traffic congestion, incompatible uses, and expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services. (e) Areas around particular key facilities: 1 . Airports. Encourage land-use patterns that will separate uncontrollable noise sources from residential and other noise-sensitive areas and avoid danger to public safety and health or property due to aircraft crashes. 2. Public utilities. Minimize disruption of the service provided by the public utility and preserve desirable -4- community patterns. 3. Interchanges involving arterial highways. Encourage the smooth flow of traffic and preserve desirable community patterns. 4. Rapid or mass transit terminals, stations, or guideways. In conformance with the applicable county or municipal master plan; or, if no master plan, then in conform e with considerations which form the basis for a zonin ordinance or resolution. • (2) Activities of State interest (106-7-204) (a) New domestic water and sewage treatment systems are to be constructed in areas which will result in the proper utilization of existing plants and the orderly development of adjacent communities. (b) Major extensions of water and sewer systems are to be permitted in areas "in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development. ' (c) Major solid waste disposal sites are to be developed in accordance with sound conservation practices and to empha- size, where feasible, the recycling of waste materials, ..,",.i.. taking into consideration longevity and subsequent use of sites, soil and wind conditions, potential problems of • pollution, and impact on adjacent property owners, com- pared with alternate locations. (d) Airports to be located so as to minimize disruption to the • environment of communities and impact on community services, and complement the economic and transporta• needs of the State and the area. (e) Rapid or mass transit terminals, stations, or guideways are to be administered in a manner parallel to that pre- scribed for areas around mass transit facilities((1) (e) 4. , above); and so as to give preference to facilities which will not require the demolition of residences or businesses. (f) Arterial highways and interchanges and collector highways are to be located so that community traffic needs are met, desirable community patterns are not disrupted, and direct conflicts with master plans are avoided. (g) Major facilities of public utilities are to be located, where feasible, so as to avoid conflict with master plans. (h) A new community design is to provide for transportation, waste disposal, schools, and other governmental services in a manner that will not overload facilities of existing communities in the region, with priority to the development of total communities which provide for commercial and industrial activity as well as residences. (i) Municipal and industrial water projects are to emphasize they most efficient use of water; urban development shall be accomplished in a manner that will prevent the pollution aquifer recharge areas. III -5- • • . (j) Nuclear detonations are to be conducted so as to present no material danger to public health and safety, and "any danger to property shall not be disproportionate to the benefits to be derived from a detonation. " c. Permits (106-7-501) Application for a permit to engage in development in an area of state interest or to conduct an activity of state interest is to be filed with the local government on a form prescribed by the Land Use Commission; a reasonable fee shall be paid. (A public utility obtaining a permit must also obtain a certificate of public con- venience and necessity.) Not later than thirty days after receipt of an application, the local government shall publish notice of a hearing, which notice, pub- lished once in a newspaper of general circulation, shall appear not less than thirty nor more than sixty days before the date of the hearing; and such notice shall be given to the Land Use Commis- sion. (Such hearing may be combined with the hearing required for designation of a matter of state interest, if such matter has not been previously designated.) If the proposed development or activity complies with the local government's guidelines and regulations governing the area or activity of state interest, a permit may be issued; if not, the permit shall be denied. The local government is to state in writing • reasons for its decision, and its findings and conclusions, and preserve a record of the proceedings. Any person desiring to engage in a development or to conduct an activity of state interest tio who does not obtain a permit may be enjoined by the local govern- ment (or the Land Use Commission) from engaging in such develop- ment or conducting such activity. Denial of a permit is subject to judicial review in the district court. d. Exceptions (106-7-105, -106, -107) (1) Public utilities. "Nothing in this article shall be construed as enhancing or diminishing the power and authority of munici- palities, counties, or the Public Utilities Commission. Any order, rule, or directive issued by any governmental agency pursuant to this article shall not be inconsistent with or in contravention of any decision, order, or finding of the Public Utilities Commission with respect to public convenience and necessity. . . Nothing in this article shall be construed as enhancing or diminishing the rights and procedures with respect to the power of a public utility to acquire property and rights- of-way by eminent domain to serve public reed in the most economical and expedient manner. " (2) Property owners, water rights. "Nothing in this article shall be construed as . . . enhancing or diminishing the rights of owners of property as provided by the State constitution or the constitution of the United States; . . . modifying or amending • existing laws or court decrees with respect to the determina- tion and administration of water rights. " -6- • • • • • (3) Pre--existing conditions. Article does not apply where the • • development or activity is covered by a current building permit; has been approved by the electorate; or is to be on land approved for planned unit development, or zoned for the contemplated use, or with respect to which a development plan has been approved. D. FUNCTIONS OF STATE AGENCIES 1 . Land Use Commission • a. Guidelines for designation. Land Use Commission is to issue guidelines for the designation of matters of State interest, based on standards set forth in the bill . (106-7-401) b. Assistance to counties and municipalities. Land Use Commission is to assign full-time professional staff members to assist local governments in the program established by the bill, and to monitor progress; to report progress to the General Assembly no later than February 1 , 1975, * (106-4-5) c. Review of designation and guidelines. Not later than thirty days after receipt of a local government order designating a matter of State interest and adopting administrative guidelines, Land Use Commission is to review the contents of the order on the basis of the relevant criteria (C.2.b. , above), accept the designation and guidelines or recommend modification, and notify the local govern- ment in writing as to the decision and any modifications deemed necessary. (106-7-406) d. Initiation of designation and guidelines. Land Use Commission may submit a formal request to a local government to act with regard to a matter which the commission considers to be of State interest. If the local government fails to designate such matter or to adopt guidelines for its administration, Land Use Commission may see judicial review. (106-7-407) e. Temporary emergency power. If Land Use Commission determines that there is in progress a lard development activity which consti- tutes a danger of injury, loss, or damage of serious or major proportions to the public health, welfare, or safety, the commission is to give written notice to the counties involved. If the local governments do not remedy the situation within a reasonable time, Land Use Commission may request the Governor to review the facts at a meeting with Land Use Commission and the county commissioners He may then direct Land Use Commission to issue its cease-and- desist order; if this order is not followed, Land Use Commission may apply to the district court for a temporary restraining order or preliminary or permanent injunction. (106-4-3) * $300,000 appropriated for period July 1 , 1974, to June 30, 1975; employment of ten full-time employees, of which five are to be full-time professional personnel, authorized. -7- . • • 2. Department of Local Affairs* a. Overseeing and coordinating designation assistance. Appropriate state agencies are to provide technical assistance to local govern- ments in designating matters of state interest and adopting admirr- istrative guidelines. "The Department of Local Affairs shall oversee and coordinate the provision of technical assistance and provide financial assistance" as provided below, and is to deter- • mine whether technical or financial assistance or both are to be given on the basis of the local government's: (1) showing that "current or reasonably foreseeable development pressures exist" within its jurisdiction, and (2) plan describing the proposed use of assistance. •(106-7-403) b. Statewide I & D program. ** Department is to "conduct a statewide program encouraging counties and municipalities to prepare, as a part of the comprehensive plan provided for in section 106-2-5 and article 59 of Chapter 139, C.R.S. 1963, a complete and detailed identification and designation of all matters of state interest within each county by June 30, 1976." Funds for this purpose to be distributed in an equal amount to "each county desiring to partici- pate in the identification and designation. . .program. . to be expended by each county separately or through an organized group. of couhties or counties and municipalities. "*** In cooperation with applicable State agencies, the department is to "establish reasonable standards relative to the scope, detail, and accuracy of the program and . . ensure that all information is comparable for each county. " • The department "shall also allocate . . .funds upon request of any county participating in the . . .program. . .for implementation of supplemental planning in that county, or to any municipality, based upon priorities established by the department. . . and on the need and capabilities each county and municipality." (106-3-9)**** 3. Colorado Water Conservation Board. Acting with Colorado Soil Conservation Board, to have primary responsibility for recommendations and technical assistance to local governments in the I & D program** with *Including Division of Planning, Division of Local Government, etc. **Program of identification and designation of matters of state interest (areas and activities). ***$1 ,5 75,000; see footnote to C.1. ****$500,000; see footnote to C. 1 . -8- ' • • • regard to floodplains (106-7-302), and to promulgate a model floodplain regulation no later than September 30, 1974 (105-7-202). 4. Colorado Soil Conservation Board, through the local soil conservation districts, to have primary responsibility for recommendations and technical assistance to local governments in the I & D program* with regard to resource data inventories, soils, soil suitability, erosion and sedimentation, floodwater problems,,and watershed protection (103-7-302), and to identify for designation areas of corrosive soil, expansive soil and rock, or siltation (105-7-202). 5. Colorado State Forest Service to have primary responsibility for recommendations and technical assistance to local governments in the T & D program* with regard to wildfire hazards (106-7-302), and to promulgate a model wildfire hazard area control regulation no later than September 30, 1974 (106-7-202). 6. Colorado Geological Survey to have primary responsibility for recom- mendations and technical assistance to local governments in the I & D program* with regard to geologic hazard areas, geologic reports, and the identification of mineral resource areas (106-7-302), and to pro- mulgate a model geologic hazard area control regulation no later than September 30, 1974 (106-7-202). 7. Colorado Division of Mines to have primary responsibility for recomrner►da- tions and technical assistance to local governments in the I & D program* with regard to mineral extraction and the reclamation of land disturbed thereby (105-7-302). 8. Division of Wildlife, Department of Natural Resources, to have prima, responsibility for recommendations and technical assistance to local governments in the I & D program* with regard to significant wildlife habitats (106-7-302). 9. Colorado Oil and Gas Conservation Commission may identify as an area of state interest an area of oil and gas or geothermal resource development, such area to be designated by the local government (106-7-202 and -302). (Note: Such an area may not be designated by the local government without commission identification unless an • activity of state interest has been designated or identified or unless it includes all or part of another area of state interest (105-7-202).) *Program of identification and designation of matters of state interest (areas and activities). f-9- v - • • 10. State Historical Society to determine areas containing or having a significant impact upon historical, natural, or archaeological re- sources of Statewide importance (106-7-202). 11 . Department of Natural Resources -- same as 10 (106-7-202). all 12. Any State agency. State agencies in general are charged with the responsibility of sending recommendations to local governments and the Land Use Commission regarding designation of Matters of state interest "on the basis of current and developing information," and providing technical assistance to local governments concerning designa- tion and guidelines for matters of state interest. (106-7-302) E. PERSONS* 1 . Mailing list for hearings. Any person may request, in writing, that his name and address be placed on a mailing list to receive notice of all hearings held by a local government for the purpose of designating matters of state interest and adopting guidelines for their administra- tion. A fee may be charged for the notification service, and in order to have a name and address retained on the mailing list, the person shall resubmit his name and address and pay the fee before January 31 of each year. (106-7-404) 2. Stay of development. "After a matter of state interest is designated. . . , no person shall engage in development in such area and no such activity ' shall be conducted until the designation and guidelines for such area or activity are finally determined. . . " (106-7-404) "After receipt by a local government of a request from the Colorado i"""""i• Land Use Commission . . . (per D. 1 .d. , above), no person shall engage in development in the area or conduct the activity specifically described in said request until the local government has held its hearing and issued its order relating thereto. " (106-7-407) 3. Application for permit. "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." Application to be on a form prescribed by the Land Use Commission; fee to be determined by the local government. . . *"Any individual, partnership, corporation, association, company, or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality, or corporation of the State. " (106-7-102) • -10- • • 4. Noncompliance. Any person desiring to engage in such development or activity who does not obtain a permit "may be.enjoined by the Colorado Land Use Commission or the appropriate local government from engaging in such development or conducting such activity . . . The denial of a permit by a local government agency shall be subject to judicial review in the district court for the judicial district in which the major develoe ment or activity is to occur." (106-7-501) • A fter the Land Use Commission has issued a cease-and-desist order as directed by the Governor (per D. 1 .e. , above), if the order is not complied with, "the Commission may apply to any district court of this State in which such (development) activity is located for a tempor- ary restraining order, preliminary injunction, or permanent injunction. . . ' (106-4-3) DEFINITIONS. General definitions are contained in 106-7-102; definitions pertaining to natural hazards, in 106-7-103; those pertaining to other areas and activities of state interest, in 106-7-104. Some of these serve to limit criteria, authority, etc. STATE PERMITS. Section 106-7-108, dealing with permits issued by State agencies, has been omitted from the foregoing digest inasmuch as H.B. 1041 contains no other reference to State permits. • -11- • 1 • • • SUGGESTED OUTLINE • COUNTY WORK PLAN FOR IDENTIFICATION AND DESIGNATION • OF MATTERS OF STATE INTEREST UNDER H.B. 1041 Introduction H.B. 1041 provides an unprecedented opportunity and a challenge to local government in Colorado. The opportunity now exists for each county and municipality to give meaning to its comprehensive plan; the challenge now exists to demonstrate that local control over matters of statewide interest is preferable to state domination. N.B. 1041 also contains a challenge to state government agencies. They are required to provide standards, guidelines, and assistance, both financial and technical, so that local government can meet its obligations under the Act. The Department of Local Affairs, cooperating with the other state agencies, intends to work closely with local officials for the "protection of the utility, value, and future of all lands within the state." This is the first of several communications concerning the concept and admin- istration of the program of identification and designation of matters of state 4) interest. These are not intended to be a barrier to the implementation of or meeting the objectives of 1041 . Instead, they are aimed at assisting local officials to cover all aspects inherent in the bill and to produce results which will satisfy the provisions of the bill and the citizens of the state. Enclosed with this outline is a digest of 1041 , organized by level of government and by agency. Later the Department of Local Affairs will forward: - Guidelines developed by the several state agencies enumerated in H.B. 1041 responsible for assisting the local governments. - Guides to assist in the process of making the designation in one jurisdiction comparable with that in an adjacent jurisdiction. - Suggested standards for land-use classification, mapping scales, identification/designation terminology, etc. - Information from the participating counties as to areas and activities identified and designated for use as examples and for comparison. 411 . - • y Cooperative Program It can be seen from a study of the bill and the enclosed information that this program is extremely complex. The program will require a high level of professional assistance in the designation process and in the administration of areas and activities designated. It is strongly suggested that counties take advantage of the authorization in the bill to join with other counties and • municipalities in the identification of matters of state interest. Make use of the Regional Council of Governments or Regional Planning Commission as the working vehicle for the identification process. (Designation of matters of state interest must remain in your hands as the governing body.) Please consider' the following reasons for joining with other counties and cities in this program: (1) The local planning function may not be professionally staffed, or if it is, the staff may be so occupied with current long-range and day-to-day planning activities that it may prove difficult for it to implement 1041 . Simply adding the relatively small amount of money appropriated for each county may not necessarily get the job of identification properly done. Working together with other counties and municipalities through the Council. of Governments or Regional Planning Commission, however, a local government may realize the benefits of a substantial amount of money, which can be used for good purpose in the employment of staff and/or consultants under contract. (2) The foregoing makes even more sense if municipalities choose to parti- cipate. Municipal participation will place an even greater burden on the county staff and the limited funds available. Under the Act, all the funds are disbursed to the counties, but the counties must "upon request of the municipality, assist the municipality in its identification and designation • program." It is the intent of the Act that municipalities make this request. (3) It is likely that at least some of the matters of state interest will be areas or activities which have a direct impact upon more than one county. Identification of such matters can be effectively done by putting the pro- cess in the hands of the Council of Governments or Regional Planning Commission. These organizations are the creatures of local government and should be used. (4) The need for regional approaches to local problems is well established in most areas of the state as evidenced by successful. Councils of Govern- ments and Planning Commissions. Consideration should be given to the use of the regional agency at least as a coordinating unit of local govern- ments in this program. (5) Under the law, the state is required to provide assistance to local officials in achieving this program of identification and designation. The difficulty and expense of providing such assistance to the 63 counties would be.con- -2- • . • siderably lessened by channeling that assistance through the 13 regional organizations. In consequence, a higher level of assistance could be • achieved. In any event, whether separately or in cooperation with other local governments, all counties and their municipalities are encouraged to undertake this worth- while program. The County Work Plan I. Identification of areas and activities of state interest. • a. Definition. Identification is a preliminary step toward designation of matters of state interest, including areas and activities. Identification is closely related to the determination of land-use categories and policies usually found in a comprehensive (master) plan. b. Scope 1 (1) The work plan must specify how the identification of areas and activities of state interest will become a part of a comprehensive plan as defined in CRS 106-2-5 for counties and in CRS 139-59-6 for municipalities. This is an important matter since the identi- fication, designation, and administration of matters of state interest must be an integral part of the over-all land-use planning program of the local jurisdiction (106-3-9, page 21 of H.B. 1041). (2) The work plan must specify how the identification of matters of state interest will encompass the entire geographic area of the county, including municipalities (106-3-9). (3) The work plan must stipulate that all matters of state interest that are enumerated in 106-7-201 and 203 will be included. 1 . Section 106-3-9 requires the Department of Local Affairs to "establish reasonable standards relative to the scope, detail and accuracy of the program" and to "insure that all information is comparable for each county." Those standards must be closely linked to the county's plan for the use of technical and financial assistance (106-7-403); hence the county's work plan must be designed with relation to scope, detail, accuracy, and comparability, so that the department can be responsive to local needs and desires in carrying out the provisions of 1041 . -3- • • • c. Detail and accuracy* • (1) The work plan must specify the detail and accuracy with which areas of state interest will be identified. The degree of detail and accuracy should be compatible with that of the land-use planning program of the jurisdiction. d. Comparability* • (1) The work plan must identify those areas of state interest that will continue beyond the boundaries of the county and those activities of state interest that will be under the jurisdiction, either separately or jointly, of other agencies. The work plan must specify how the identification of such areas and activities will be coordinated among those jurisdictions. 2. Designation of areas and activities of state interest a. Definition. Designation is a procedure of classifying areas and activities so that regulations applicable to specific developments within those areas and specific activities may be enacted and en- forced. Designation of matters of state interest is closely related to zoning. b. Scope* (1) The work plan must specify how the designation of all areas and activities of state interest will be incorporated into the - zoning, subdivision, and other land-use regulations of the county and municipalities within the county. c. Detail and accuracy* (1) The work plan must specify how sufficient detail and accuracy will be attained in the designation of areas of state interest so that an enforcement procedure based on development permits can be utilized.2 d. Comparability* (1) The work plan must specify how the designation of areas and activities of state interest will be coordinated with such desig- nation in adjacent counties. * See footnote 1 , page 5 2. Since a land-use plan may be very general in nature, identification of matters of state interest may also be rather general. However, designation demands the utmost precision. -4- w /i • 4. Budget and staff The work plan must include a budget delineating the allocation of funds and the potential use of supplemental financial and technical assistance. If the staff work is to be done by the Regional Council of Governments or Regional Planning Commission, in whole or part, the regional budget should be incorporated into the work plan. TRANSMITTAL As soon as the work plan is complete, a copy should be forwarded to the Department of Local Affairs, where it will be used for the purpose of (a) generating the work plan of technical and financial assistance; (b) co- ordinating the work of the appropriate state agencies in developing guidelines, models • and standards; and (c) establishing more detailed standards as to scope, detail, accuracy and comparability. • • -5-