High Country Advocate – Staff Report – October 2025 Issue
Across Colorado, more cities and counties are exploring the idea of home rule—a system that allows communities to govern themselves more directly, rather than rely solely on state statutes. As development expands into unincorporated areas surrounding towns, the question of who controls zoning, utilities, and tax revenue has become increasingly important.
What Is Home Rule?
Under the Colorado Constitution, home rule allows a city or county to adopt a local charter, effectively creating its own mini-constitution. This charter gives local voters authority to decide how their government operates, what taxes it collects, and how it regulates land use and development—so long as it doesn’t conflict with the state constitution or matters of statewide concern. More than 100 municipalities across Colorado have adopted home rule charters, as well as two counties—Pitkin and Weld. The goal is greater flexibility to meet local needs without seeking permission from the state legislature.
Who Benefits — and Who Doesn’t
Home rule applies only within the boundaries of the city or county that adopts it. If a statutory town adopts a home rule charter, its authority stops at the town limits. The neighborhoods and subdivisions just outside town remain under county control, not the town’s jurisdiction. For residents living in unincorporated areas, the only way to benefit from home rule powers—such as greater say over development, utilities, and local taxes—is for the county itself to become a home rule county. Simply being near a home rule city does not extend those benefits. To be governed under a city’s home rule charter, adjacent communities would have to petition for annexation into the city. Annexation, however, comes with trade-offs: higher taxes, stricter building codes, and loss of rural autonomy. For that reason, many residents of unincorporated subdivisions prefer to remain outside city limits and instead consider countywide home rule as a way to gain more local control without being absorbed by the municipality.
How Home Rule Changes Local Government
When a city or county adopts home rule, it shifts from being governed under state statute to being guided by its own charter. The charter defines how officials are elected, how departments operate, and which powers are delegated locally. Counties under home rule can even reorganize offices—combining, redefining, or eliminating certain elected positions—if approved by voters through the charter.
The Relationship With the State
Home rule doesn’t separate a community from Colorado law, but it gives it more equal footing. The state still controls issues of statewide concern—education, highways, criminal law—but local governments gain final say over local matters such as land use, zoning, and utilities. Tension occasionally arises when state policies overlap with local ordinances. Courts decide these cases based on whether an issue is local, statewide, or mixed in concern. Despite occasional disputes, most home rule cities and counties continue to cooperate with state agencies on shared interests like transportation and infrastructure.
Why Some Citizens Are Now Pushing for Home Rule
In recent years, several state-level actions have reignited interest in home rule across Colorado. Among them are state land-use reform proposals, environmental and building mandates, and statewide revenue programs that restrict how local taxes can be spent. These developments have led some citizens to see home rule as a way to protect local decision-making authority and ensure growth, housing, and infrastructure policies are shaped by local voters.
City Boundaries Remain Intact Under County Home Rule
If a county adopts a home rule charter, it becomes a home rule county government—but this does not dissolve or absorb the incorporated cities and towns within its borders. Each city or town remains a separate legal entity with its own elected officials, ordinances, taxes, and boundaries. County home rule applies only to unincorporated areas—the portions of the county that are not inside any city or town. A home rule county cannot override a city’s ordinances or tax structure, though intergovernmental agreements can allow cooperation on shared services.
Sales Tax Without Representation
County home rule would give rural residents more say over county roads, zoning, and services, but it would not change city tax authority. Cities collect and keep the sales taxes generated within their boundaries—even when much of that revenue comes from people who live outside town. Unincorporated residents will still pay city sales tax when shopping in town, without a vote on how that revenue is spent.
Schools Remain Under State Control
While home rule gives cities and counties more authority over land use, taxation, and local governance, it does not extend to public education. Colorado’s Constitution and state statutes define education as a statewide function, administered through independent school districts. Even if a county or city adopts a home rule charter, school districts remain governed by state law and independent school boards. Local home rule governments may influence schools indirectly through zoning or infrastructure but cannot change education policy or funding.
The Pros and Cons
Pros: Greater local control, faster response to community needs, and locally designed government structures. Cons: Time, cost, and potential for confusion or higher taxes if poorly managed.
How a Community Creates a Home Rule Government
1. Petition or Resolution – Citizens may file a petition signed by at least 10% of the voters from the last general election, or officials may adopt a resolution to place the question on the ballot. 2. Charter Commission Election – Voters decide whether to form a charter commission and select its members. 3. Drafting the Charter – The commission has 180 days to complete its work. 4. Voter Approval – A simple majority enacts the charter. 5. Implementation – The new government transitions to operate under its locally written charter.
Looking Ahead
As Colorado’s growth continues to blur the boundaries between towns and rural neighborhoods, questions of representation and fairness will only deepen. Home rule—whether adopted by cities or counties—offers one possible solution: local decisions made by local voters. For many, it comes down to a simple question of principle: Should decisions about housing, infrastructure, and taxes be made at the State Capitol—or at the local ballot box?
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