2023 State Land Use Pre-Emption

2023 Legislative Session

The 2023 Legislative Session has ended and Senate Bill 23-213 did not pass. The City will continue to monitor future bills at the state level to defend local land use control and preserve the City’s unique character.

Senate Bill 23-213 was introduced at the state level with the intent of addressing housing costs, however the end result of the bill would have allowed duplexes or fourplexes to be built in every part of Cherry Hills Village. This action by the state legislature would have changed the character of Cherry Hills Village, and City Council is opposed to any bill that results in this kind of change and also strips local authority and infringes on Home Rule control as guaranteed by the state constitution.

Things the City has done

2023 News Articles and Other Information

2023 State Attempt to Pre-Empt Local Land Use Control

Senate Bill 2023-213 proposed:

  • A statewide housing needs assessment in each region and the development of housing strategies that would help local governments meet those needs. Local governments would be required to update these plans every 5 years and report housing data to the state annually.
  • The elimination of parking minimums and encouraging more affordable housing near transit centers.
  • Requiring local governments to provide residents with the right of first refusal to purchase or rent new affordable housing units if they are displaced by new development.
  • The reduction of minimum lot sizes and the addition of requirements that duplexes, triplexes, fourplexes, cottage clusters, and townhomes can be built in single-family zones, and up to six units per lot if two are affordable.
  • Requiring local governments to allow accessory dwelling units (ADUs) by right.
  • Incentivizing smart growth through incorporation of land use planning in the transportation planning process.
  • Prohibition of residential growth caps.

Community Development Director Paul Workman