HB 23-1255

House Bill 23-1255, which has been signed into law and will take effect on August 7, 2023, stops local governments in Colorado from limiting the number of new homes that can be built within their jurisdictions. This means cities or towns won't be able to set a cap on how many building permits for residential properties they issue each year unless certain specific conditions are met, such as dealing with a disaster or updating infrastructure. The law allows these restrictions only if local governments face emergencies or need to improve public services and can then implement growth limits for up to 24 months within any five-year period. This bill affects how local communities manage their housing development and population growth.

Official Summary

The act preempts any existing local governmental entity housing growth restriction that explicitly limits either the growth of the population in the local governmental entity's jurisdiction or the number of development permits or building permit applications for residential development or the residential component of any mixed use development submitted to, reviewed by, approved by, or issued by a governmental entity for any calendar or fiscal year and forbids the enactment or enforcement of any such future local housing growth restriction unless the governmental entity has experienced a disaster emergency, has developed or amended land use plans or land use laws covering residential development or the residential component of a mixed-use development, or is extending or acquiring public infrastructure, public services, or water resources. A governmental entity that experiences one of these events may implement a growth cap for up to 24 months in a 5-year period. APPROVED by Governor June 7, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

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