Local governments must allow residential development on “qualifying properties” through administrative approval starting December 31, 2027. House Bill 26-1001 passed Transportation, Housing & Local Government Committee 9-4 on February 3. Rep. A. Boesenecker (D), Rep. J. Mabrey (D), and Sen. T. Exum (D) sponsor it.
The bill eliminates local control over zoning decisions. State mandates override local land use authority. Colorado Constitution Article XX protects home rule cities’ authority over local affairs. Zoning is core home rule function.
The bill forces development on properties regardless of neighborhood character or infrastructure capacity. Local water systems may lack capacity for increased demand. Roads may lack capacity for increased traffic. Schools may lack capacity for more students. The state mandate ignores local considerations.
Local governments must create administrative processes without state funding. Staff time, forms, procedures, appeals processes—all must be developed and maintained at local expense.
Colorado Municipal League opposes the bill. The League represents towns and cities statewide. Local elected officials answerable to constituents should make land use decisions, not state legislators.
Neighbors’ property values are affected by mandated development. One property owner gets development rights. Adjacent property owners bear consequences: increased traffic, noise, density, strain on infrastructure.
Democrats frame this as “affordable housing solution.” True housing affordability requires reducing regulatory burden across the board, not mandating development through state force.
With Democrat supermajorities, passage is likely. Constitutional challenges on home rule grounds may follow.
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