In 1974, the Colorado General Assembly enacted measures to further define the authority of state and local governments in making planning decisions for matters of statewide interest. These powers are commonly referred to as "1041 powers", based on the number of the bill of the proposed legislation (HB 74-1041). These 1041 powers allow local governments to identify, designate, and regulate areas and activities of state interest through a local permitting process. The general intention of these powers is to allow for local governments to maintain their control over particular development projects even where the development project has statewide impacts. The statute concerning areas and activities of state interest can be found in Section 24-65.1-101.
Areas of State Interest
- Mineral resource areas;
- Natural hazard areas;
- Areas containing, or having a significant impact upon, historical, natural, or archaelogical resources of statewide importance; and
- Areas around key facilities in which development may have a material effect upon the key facility or the surrounding community.
Activities of State Interest
- Site selection and construction of major new domestic water and sewage treatment systems and major extension of existing deomestic water and sewage treatment systems;
- Site selection and development of solid waste disposal sites except those sites specified in section 25-11-203(1), C.R.S., sites designated pursuant to part 3 of article 11 of title 25, C.R.S., and hazardous waste disposal sites, as defined in section 25-15-200.3, C.R.S.;
- Site selection of airports;
- Site selection of rapid or mass transit terminals, stations, and fixed guideways;
- Site selection of arterial highways and interchanges and collector highways;
- Site selection and construction of major facilities of a public utility;
- Site selection and development of new communities;
- Efficient utilization of municipal and industrial water projects;
- Conduct of nuclear detonations; and
- The use of geothermal resources for the commercial production of electricity.
Sample 1041 Regulations
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