Six Colorado Cities Challenge Governor's Land Use Provisions
- posted: May 21, 2025
For many years, there has been tension between Colorado’s state government and various municipalities regarding the authority to establish rules relating to land use. In March, Governor Polis issued an executive order that could impose strict sanctions, including the withholding of state funds, on certain cities that do not follow newly instituted zoning provisions. As a response, six “home rule” municipalities have filed suit alleging that the order and two recently passed statutes violate their constitutional rights.
The plaintiffs—Greenwood Village, Arvada, Aurora, Glendale, Lafayette and Westminster claim that the Governor does not have the authority to deny grants based on alleged noncompliance with state-created land use provisions, including the “More Housing Now” package. Municipalities could lose millions of dollars in transit, housing and energy funds for violations involving one or more of the following issues:
Authorization for accessory dwelling unites
Reporting on unmet local housing needs
Improper use of residential occupancy limits
Municipal purchase of properties for affordable housing
Moreover, the home rule cities are challenging two laws recently passed by the Legislature. One requires higher‐density housing near transit corridors. The other bans minimum parking requirements for selected multi-family developments with nearby access to major bus and train routes.
In their Complaint, the municipalities accuse the state of departing from “time-tested approaches” to local land-use matters. The six cities also claim that it is unfair that the zoning changes do not apply statewide, but only to designated transit-oriented communities on the Front Range urban corridor. While the plaintiffs acknowledge the policy interest in addressing housing affordability, their lawsuit stresses that constitutional checks must be respected to safeguard local input and accountability.
Even for municipalities not affected the by the specific measures, this litigation raises critical questions about the acceptable level of state influence on local land use matters. Fear of losing grant money could sway the actions of local zoning authorities on key matters. Should you have a question or concern relating to a land use matter, it’s important to speak with a knowledgeable real estate attorney regarding the local landscape and the best way to achieve your objectives.
The Colorado attorneys at Heckman & O’Connor P.C. advise clients on land use matters and other real estate law issues throughout the Vail Valley. For more than 40 years, we have served communities such as Eagle, Vail, Gypsum, Avon, Minturn and Leadville. Please call 970-926-5991 or contact us online for a consultation. Our office is in Edwards.
Six Colorado Cities Challenge Governor's Land Use Provisions
- posted: May 21, 2025
For many years, there has been tension between Colorado’s state government and various municipalities regarding the authority to establish rules relating to land use. In March, Governor Polis issued an executive order that could impose strict sanctions, including the withholding of state funds, on certain cities that do not follow newly instituted zoning provisions. As a response, six “home rule” municipalities have filed suit alleging that the order and two recently passed statutes violate their constitutional rights.
The plaintiffs—Greenwood Village, Arvada, Aurora, Glendale, Lafayette and Westminster claim that the Governor does not have the authority to deny grants based on alleged noncompliance with state-created land use provisions, including the “More Housing Now” package. Municipalities could lose millions of dollars in transit, housing and energy funds for violations involving one or more of the following issues:
Authorization for accessory dwelling unites
Reporting on unmet local housing needs
Improper use of residential occupancy limits
Municipal purchase of properties for affordable housing
Moreover, the home rule cities are challenging two laws recently passed by the Legislature. One requires higher‐density housing near transit corridors. The other bans minimum parking requirements for selected multi-family developments with nearby access to major bus and train routes.
In their Complaint, the municipalities accuse the state of departing from “time-tested approaches” to local land-use matters. The six cities also claim that it is unfair that the zoning changes do not apply statewide, but only to designated transit-oriented communities on the Front Range urban corridor. While the plaintiffs acknowledge the policy interest in addressing housing affordability, their lawsuit stresses that constitutional checks must be respected to safeguard local input and accountability.
Even for municipalities not affected the by the specific measures, this litigation raises critical questions about the acceptable level of state influence on local land use matters. Fear of losing grant money could sway the actions of local zoning authorities on key matters. Should you have a question or concern relating to a land use matter, it’s important to speak with a knowledgeable real estate attorney regarding the local landscape and the best way to achieve your objectives.
The Colorado attorneys at Heckman & O’Connor P.C. advise clients on land use matters and other real estate law issues throughout the Vail Valley. For more than 40 years, we have served communities such as Eagle, Vail, Gypsum, Avon, Minturn and Leadville. Please call 970-926-5991 or contact us online for a consultation. Our office is in Edwards.
