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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0357.01 BJA SENATE BILL 98­160

STATE OF COLORADO

BY SENATOR Pascoe

LOCAL GOVERNMENT

APPROPRIATIONS

A BILL FOR AN ACT

CONCERNING LOCAL LAND USE PLANNING FOR URBAN GROWTH, AND MAKING AN APPROPRIATION THEREFOR.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Establishes state planning goals that guide the creation and adoption of comprehensive plans and development regulations. Requires certain counties and municipalities to complete and adopt comprehensive plans within a specified time. Requires those counties and municipalities to adopt development regulations consistent with their comprehensive plans.

Identifies the elements that must be included in a comprehensive plan. Requires counties and municipalities to identify urban growth areas. Establishes the procedure by which urban growth areas are to be coordinated within a county.

Allows counties and municipalities to include additional elements in a comprehensive plan. Allows counties to establish a process for reviewing and approving site specific major industrial facilities or regional public facilities outside of urban growth areas so long as certain requirements are met.

Requires counties and municipalities to review applications for project permits for consistency with adopted development regulations or, in the absence of such regulations, the appropriate elements of a comprehensive plan.

Requires coordination of comprehensive plans. Designates the county as having lead responsibility for ensuring that comprehensive plans are consistent with one another. Designates the metropolitan planning organization, if one exists, as having lead responsibility for coordinating all comprehensive plans within the area to ensure that they are consistent with one another.

Requires state agencies to comply with adopted comprehensive plans and development regulations unless the statute authorizing a state activity clearly and explicitly exempts such activity from compliance.

Requires school districts and special districts to base their planning on the same population and housing projections, land use elements, and urban growth areas adopted by the counties and municipalities within which they provide services. Requires school districts and special districts to construct facilities and provide services consistent with adopted comprehensive plans unless explicitly exempt by state or local law.

Requires counties and municipalities to perform their activities, including adoption of development regulations and review of individual project permit applications, in conformity with their adopted comprehensive plans.

Provides for amendments to and review of adopted comprehensive plans and development regulations. Provides a procedure to resolve disputes over such amendments.

Requires counties and municipalities to file adopted comprehensive plans, development regulations, and amendments thereto with the department of local affairs. Requires the department to establish a program to assist and facilitate the adoption and implementation of comprehensive plans and development regulations. Requires the department to provide or arrange mediation services. Requires the department to establish a grant program.

Creates a planned growth planning fund.

Provides for the creation of interjurisdictional arbitration committees.

Establishes sanctions if counties and municipalities do not comply with certain provisions of this act.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Article 20 of title 29, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

PART 2

PLANNED GROWTH

29­20­201.  Legislative declaration.  THE GENERAL ASSEMBLY HEREBY FINDS THAT UNCOORDINATED AND UNPLANNED GROWTH INCREASES PUBLIC COSTS AND THREATENS THE QUALITY OF LIFE ENJOYED BY THE RESIDENTS OF COLORADO. IT IS IN THE PUBLIC INTEREST THAT RESIDENTS, LOCAL GOVERNMENTS, AND THE PRIVATE SECTOR COOPERATE WITH ONE ANOTHER IN COMPREHENSIVE LAND USE PLANNING. IT IS FURTHER IN THE PUBLIC INTEREST THAT LOCAL GOVERNMENTS RESOLVE INTERJURISDICTIONAL DISPUTES IN AN ORDERLY MANNER AND THAT OWNERS OF PRIVATE PROPERTY WHO PROPOSE DEVELOPMENTS CONSISTENT WITH ADOPTED COMPREHENSIVE PLANS SHOULD BE ALLOWED TO PROCEED WITH THAT DEVELOPMENT EXPEDITIOUSLY.

29­20­202.  Definitions.  AS USED IN THIS PART 2, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "COMPREHENSIVE PLAN" MEANS A GENERALIZED COORDINATED POLICY STATEMENT OF THE PLANNING JURISDICTION AND ANY AMENDMENTS ADOPTED IN ACCORDANCE WITH THIS PART 2.

(2)  "DEPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS.

(3)  "DEVELOPMENT REGULATIONS" MEANS THE GENERALIZED CONTROLS PLACED ON DEVELOPMENT OR LAND USE ACTIVITIES BY AN ORDINANCE, RESOLUTION, OR REGULATION, INCLUDING BUT NOT LIMITED TO ORDINANCES ESTABLISHING GENERAL ZONING REQUIREMENTS, GENERALIZED PUBLIC UTILITY DISTRICT STANDARDS AND PROCEDURES, GENERALIZED SUBDIVISION REQUIREMENTS, ORDINANCES ENACTED IN ACCORDANCE WITH THIS PART 2, AND ORDINANCES RELATED TO ARTICLE 65.1 OF TITLE 24, C.R.S. "DEVELOPMENT REGULATIONS" DOES NOT INCLUDE A PLANNING JURISDICTION'S DECISION TO APPROVE A SPECIFIC DEVELOPMENT PROJECT.

(4)  "METROPOLITAN PLANNING ORGANIZATION" MEANS A METROPOLITAN PLANNING ORGANIZATION AS DEFINED IN THE FEDERAL "INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT" (ISTEA), AS AMENDED, 23 U.S.C. SEC.101 ET SEQ.

(5)  "PLANNING JURISDICTION" MEANS ANY COUNTY THAT IS REQUIRED BY THIS PART 2 TO ADOPT A COMPREHENSIVE PLAN OR THAT CHOOSES TO ADOPT A COMPREHENSIVE PLAN UNDER THIS PART 2, AND ANY PLANNING MUNICIPALITY WITHIN SUCH COUNTY.

(6)  "PLANNING MUNICIPALITY" MEANS:

(a)  EACH MUNICIPALITY WITH A POPULATION OF TWO THOUSAND FIVE HUNDRED OR MORE THAT IS LOCATED WITHIN A COUNTY THAT IS EITHER REQUIRED OR CHOOSES TO ADOPT A COMPREHENSIVE PLAN IN ACCORDANCE WITH THIS PART 2; AND

(b)  EACH MUNICIPALITY THAT HAS EXPANDED THE AREA WITHIN ITS BOUNDARIES BY TWENTY PERCENT OR MORE DURING THE PAST FIVE YEARS AND THAT IS LOCATED WITHIN A COUNTY, EITHER IN WHOLE OR IN PART, THAT IS EITHER REQUIRED OR CHOOSES TO ADOPT A COMPREHENSIVE PLAN IN ACCORDANCE WITH THIS PART 2.

(7)  "PROJECT PERMIT" MEANS ANY LAND USE PERMIT OR APPROVAL REQUIRED FROM A PLANNING JURISDICTION FOR A PROPOSED PROJECT, INCLUDING BUT NOT LIMITED TO BUILDING PERMITS AND APPROVALS OF SPECIFIC SUBDIVISIONS, SITE PLANS, PLANNED UNIT DEVELOPMENTS, CONDITIONAL USES, OR SITE­SPECIFIC REZONINGS CONSISTENT WITH A COMPREHENSIVE PLAN. "PROJECT PERMIT" DOES NOT INCLUDE:

(a)  THE ADOPTION OR AMENDMENT OF A COMPREHENSIVE PLAN, GENERAL DEVELOPMENT REGULATION, OR CAPITAL BUDGET DECISION;

(b)  PERMITS FOR STREET AND UTILITY VACATIONS;

(c)  APPROVALS OF SUBDIVISION EXEMPTIONS GRANTED IN ACCORDANCE WITH LOCAL ORDINANCES; AND

(d)  APPROVALS OF BOUNDARY LINE ADJUSTMENTS AFFECTING NO MORE THAN FOUR PROPERTY OWNERS.

(8)  "PROJECT REVIEW" MEANS THE PROCESS BY WHICH PLANNING JURISDICTIONS DETERMINE WHETHER AN APPLICATION FOR A PROJECT PERMIT IS CONSISTENT WITH COMPREHENSIVE PLANS AND DEVELOPMENT REGULATIONS THAT COMPLY WITH THIS PART 2.

(9)  "URBAN GROWTH" MEANS GROWTH THAT MAKES INTENSIVE USE OF LAND, INCLUDING BUT NOT LIMITED TO ANY RESIDENTIAL AREAS THAT CONTAIN LOTS WITH AN AVERAGE SIZE OF ONE ACRE OR LESS, FOR THE LOCATION OF BUILDINGS, STRUCTURES, AND IMPERMEABLE SURFACES TO SUCH A DEGREE AS TO BE INCOMPATIBLE WITH THE PRIMARY USE OF SUCH LAND FOR AGRICULTURAL PRODUCTION OR THE EXTRACTION OF MINERAL OR OTHER RESOURCES. "URBAN GROWTH" INCLUDES GROWTH THAT REQUIRES URBAN GOVERNMENTAL SERVICES AND FACILITIES, SUCH AS STORM AND SANITARY SEWER SYSTEMS, DOMESTIC WATER SYSTEMS, AND FIRE AND POLICE PROTECTION SERVICES.

(10)  "URBAN GROWTH AREAS" MEANS AREAS DESIGNATED BY A PLANNING JURISDICTION IN ACCORDANCE WITH SECTION 29­20­206.

29­20­203.  State planning goals for growth. (1)  THE FOLLOWING GOALS SHALL GUIDE THE CREATION AND ADOPTION OF COMPREHENSIVE PLANS AND DEVELOPMENT REGULATIONS OF PLANNING JURISDICTIONS THAT ARE EITHER REQUIRED TO OR CHOOSE TO ADOPT COMPREHENSIVE PLANS IN ACCORDANCE WITH THIS PART 2. FOR THE PURPOSES OF REVIEWING PETITIONS BEFORE THE INTERJURISDICTIONAL ARBITRATION COMMITTEE ESTABLISHED IN ACCORDANCE WITH SECTION 29­20­217, THESE GOALS SHALL BE CONSIDERED IN THE PRIORITY LISTED, WITH THE GOAL SET FORTH IN PARAGRAPH (a) OF THIS SUBSECTION (1) HAVING THE HIGHEST PRIORITY. THE STATEWIDE PLANNING GOALS FOR GROWTH ARE TO:

(a)  PROTECT THE QUALITY OF LIFE OF THE STATE'S RESIDENTS FROM UNPLANNED, INEFFICIENT, OR UNNECESSARY DEVELOPMENT, WHILE BALANCING THE NEED FOR THE ECONOMIC WELL­BEING OF THE RESIDENTS;

(b)  ENCOURAGE DEVELOPMENT IN URBAN GROWTH AREAS THAT ALREADY HAVE ADEQUATE PUBLIC FACILITIES AND SERVICES OR IN URBAN GROWTH AREAS WHERE SUCH SERVICES CAN BE PROVIDED IN AN EFFICIENT MANNER, REDUCE THE INAPPROPRIATE CONVERSION OF UNDEVELOPED LAND INTO SPRAWLING, LOW­DENSITY DEVELOPMENT, AND PROMOTE THE EFFICIENT USE OF EXISTING INFRASTRUCTURE CAPACITY AND ROADWAY NETWORKS BEFORE CONSTRUCTING NEW FACILITIES;

(c)  ENCOURAGE THE PRESERVATION OF PRIME OPEN SPACES AND AGRICULTURAL LANDS AND PROTECT SENSITIVE LANDS, SUCH AS WETLANDS, AQUIFERS, WILDLIFE HABITAT, AND STEEP SLOPES;

(d)  PROVIDE FOR THE HOUSING NEEDS OF ALL RESIDENTS AND PRESERVE EXISTING HOUSING; AND

(e)  INCLUDE APPROPRIATE MULTIMODAL TRANSPORTATION SYSTEMS THAT ARE COORDINATED WITH PLANNING JURISDICTIONS' COMPREHENSIVE PLANS.

29­20­204.  County and planning municipality plans. (1)  EACH COUNTY THAT HAS A POPULATION OF TWENTY­FIVE THOUSAND OR MORE AND EACH COUNTY THAT HAS HAD ITS POPULATION INCREASE BY MORE THAN TEN PERCENT DURING THE PREVIOUS TEN YEARS, AS ESTIMATED BY THE DEPARTMENT, AND EACH PLANNING MUNICIPALITY WITHIN EACH SUCH COUNTY, SHALL COMPLETE AND ADOPT A COMPREHENSIVE PLAN.

(2)  THE BOARD OF COUNTY COMMISSIONERS OF ANY COUNTY THAT DOES NOT MEET EITHER OF THE CRITERIA ESTABLISHED UNDER SUBSECTION (1) OF THIS SECTION MAY ADOPT A RESOLUTION INDICATING ITS INTENTION TO HAVE THIS PART 2 APPLY TO THE COUNTY. IF THE BOARD OF COUNTY COMMISSIONERS ADOPTS SUCH A RESOLUTION, EACH PLANNING MUNICIPALITY WITHIN SUCH COUNTY SHALL COMPLY WITH ALL OF THE REQUIREMENTS OF THIS PART 2.

(3)  EACH PLANNING JURISDICTION SHALL ADOPT A COMPREHENSIVE PLAN PURSUANT TO SECTION 29­20­205 AND DESIGNATE ITS URBAN GROWTH AREA IN ACCORDANCE WITH SECTION 29­20­206 NO LATER THAN THREE YEARS AFTER THE EFFECTIVE DATE OF THIS PART 2, AS ENACTED, OR THREE YEARS AFTER THE DATE THE COUNTY ADOPTED A RESOLUTION IN ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION, WHICHEVER IS LATER. IF THE PLANNING JURISDICTION RECEIVES A NOTICE FROM THE DIVISION OF PLANNING THAT THE PLANNING JURISDICTION HAS ACHIEVED A POPULATION OR GROWTH RATE THAT REQUIRES IT TO PLAN UNDER THIS PART 2, THE PLANNING JURISDICTION SHALL ADOPT A COMPREHENSIVE PLAN WITHIN THREE YEARS OF SUCH NOTIFICATION.

(4)  EACH PLANNING JURISDICTION SHALL ADOPT DEVELOPMENT REGULATIONS CONSISTENT WITH ITS COMPREHENSIVE PLAN, OR AMEND EXISTING DEVELOPMENT REGULATIONS TO MAKE THEM CONSISTENT WITH SUCH PLAN, NO LATER THAN TWO YEARS AFTER THE DATE OF ADOPTION OF ITS COMPREHENSIVE PLAN.

29­20­205.  Elements of comprehensive plans. (1)  THE COMPREHENSIVE PLAN OF EACH PLANNING JURISDICTION SHALL BE CONSISTENT WITH THE PLANNING JURISDICTION'S FUTURE LAND USE MAP. A PLANNING JURISDICTION THAT ALREADY HAS ADOPTED A COMPREHENSIVE PLAN NEED NOT PREPARE A NEW ONE IF THE CURRENT PLAN INCLUDES ALL OF THE ELEMENTS REQUIRED BY THIS PART 2 AND IS BASED ON THE PROJECTIONS REQUIRED BY THIS PART 2. IF THE CURRENT ADOPTED COMPREHENSIVE PLAN CONTAINS SOME, BUT NOT ALL, OF THE ELEMENTS REQUIRED BY THIS PART 2, THE PLANNING JURISDICTION SHALL INTEGRATE THOSE ELEMENTS THAT ARE MISSING FROM THE CURRENT PLAN. EACH COMPREHENSIVE PLAN SHALL INCLUDE EACH OF THE FOLLOWING ELEMENTS:

(a)  PROJECTIONS OF POPULATION GROWTH OR DECLINE FOR THE NEXT TWENTY YEARS. THESE PROJECTIONS SHALL NOT DIFFER BY MORE THAN TEN PERCENT FROM THE LATEST AVAILABLE PROJECTIONS FOR THAT PLANNING JURISDICTION, AS PREPARED BY THE DEPARTMENT, AT THE TIME THE PLAN IS PREPARED. THIS ELEMENT ALSO SHALL INCLUDE PROJECTIONS OF HOUSING NEEDS TO ACCOMMODATE PROJECTED POPULATION BY INCOME CATEGORY FOR THE NEXT TWENTY YEARS. ALL OTHER ELEMENTS OF THE PLAN MUST BE CONSISTENT WITH THESE POPULATION AND HOUSING PROJECTIONS.

(b)  A LAND USE ELEMENT DESIGNATING THE PROPOSED GENERAL DISTRIBUTION, LOCATION, AND EXTENT OF THE USES OF LAND FOR AGRICULTURE, FOREST, AND MINERAL PURPOSES, IF ANY, AND FOR HOUSING, COMMERCE, INDUSTRY, RECREATION, OPEN SPACES, TRANSPORTATION FACILITIES, PUBLIC FACILITIES, DRAINAGE, FLOODPLAINS, STORM WATER RUNOFF AREAS, ENVIRONMENTALLY SENSITIVE AREAS, IF ANY, AND OTHER LAND USES. THE LAND USE ELEMENT SHALL INCLUDE ESTIMATED POPULATION DENSITIES AND BUILDING INTENSITIES FOR EACH AREA.

(c)  AN URBAN GROWTH AREA ELEMENT AS PROVIDED IN SECTION 29­20­206;

(d)  A HOUSING ELEMENT THAT IDENTIFIES ESTABLISHED RESIDENTIAL NEIGHBORHOODS AND SUFFICIENT LAND FOR FUTURE HOUSING DEVELOPMENT FOR EXISTING AND PROJECTED NEEDS OF ALL RESIDENTS OF THE PLANNING JURISDICTION. AT A MINIMUM, SUCH HOUSING ELEMENT SHALL ACCOMMODATE HOUSING FOR EMPLOYEES OF FUTURE AND PRESENT COMMERCIAL, INDUSTRIAL, AND RETAIL AREAS IDENTIFIED IN THE COMPREHENSIVE PLAN.

(e)  A TRANSPORTATION ELEMENT BASED ON THE POPULATION AND HOUSING PROJECTIONS AND THE OTHER ELEMENTS IN THIS SECTION AND IDENTIFYING THOSE FACILITIES NEEDED TO ACCOMMODATE ANTICIPATED TRAFFIC. THE TRANSPORTATION ELEMENT SHALL BE CONSISTENT WITH ANY TRANSPORTATION PLAN PREPARED BY ANY METROPOLITAN PLANNING ORGANIZATION WITHIN WHICH THE PLANNING JURISDICTION IS LOCATED OR, IF THE PLANNING JURISDICTION IS NOT LOCATED IN AN AREA COVERED BY A METROPOLITAN PLANNING ORGANIZATION, WITH ANY TRANSPORTATION PLAN PREPARED BY THE DEPARTMENT OF TRANSPORTATION.

(f)  AN OPEN SPACE ELEMENT IDENTIFYING PROJECTED NEEDS FOR OPEN SPACES AND TRAILS AND THE LOCATION OF FUTURE OPEN SPACES AND TRAILS;

(g)  A NATURAL HAZARDS ELEMENT IDENTIFYING AREAS WHERE STEEP SLOPES, GEOLOGICAL HAZARDS, WETLANDS, FLOODPLAINS, FLOODWAYS, UNSTABLE SOILS, AND WILDFIRE HAZARDS CREATE SIGNIFICANT CONSTRAINTS TO DEVELOPMENT OR WHERE DEVELOPMENT WOULD CREATE SIGNIFICANT ADVERSE EFFECTS TO THE ENVIRONMENT OR SIGNIFICANT COSTS TO LOCAL TAXPAYERS TO MITIGATE SUCH ADVERSE EFFECTS.

(h)  A CAPITAL FACILITIES AND UTILITIES PLAN ELEMENT, INCLUDING A FORECAST OF THE FUTURE NEEDS FOR CAPITAL FACILITIES AND UTILITIES AND ANTICIPATED COSTS. THE PROPOSED LOCATIONS AND CAPACITIES OF EXPANDED OR NEW CAPITAL FACILITIES AND UTILITIES MAY BE SHOWN IN PHASES OR FOR THE TOTAL URBAN GROWTH AREA. COUNTY COMPREHENSIVE PLANS ADOPTED UNDER THIS PART 2 SHALL ALSO INCLUDE CAPITAL FACILITIES THAT ARE NEEDED TO SERVE MULTIPLE PLANNING MUNICIPALITIES BUT ARE NOT ADDRESSED IN THE COMPREHENSIVE PLANS OF THOSE MUNICIPALITIES.

29­20­206.  Urban growth areas. (1)  EACH PLANNING MUNICIPALITY SHALL DELINEATE THE URBAN GROWTH AREA IN WHICH IT IS LOCATED IN ITS COMPREHENSIVE PLAN. SUCH GROWTH AREA MAY EXTEND BEYOND THE PRESENT BOUNDARIES OF THE PLANNING MUNICIPALITY. IN PREPARING AN URBAN GROWTH AREA, EACH PLANNING MUNICIPALITY SHALL CONSULT WITH ADJACENT CITIES AND COUNTIES AND SHALL CONSIDER ANY RELEVANT COMPREHENSIVE PLANS ADOPTED BY THOSE JURISDICTIONS. WITHIN THE URBAN GROWTH AREA SO DELINEATED, THE PLANNING MUNICIPALITY SHALL ACCOMMODATE URBAN GROWTH. THE PLANNING MUNICIPALITY SHALL NOT APPROVE URBAN GROWTH NOR PROVIDE INFRASTRUCTURE TO SUPPORT SUCH GROWTH OUTSIDE OF THIS URBAN GROWTH AREA.

(2)  A COUNTY MAY IDENTIFY URBAN GROWTH AREAS CURRENTLY LOCATED IN UNINCORPORATED AREAS OF THE COUNTY IF THOSE AREAS ARE NOT INCLUDED WITHIN AN URBAN GROWTH AREA IDENTIFIED BY A PLANNING MUNICIPALITY AND THOSE AREAS ARE ALREADY CHARACTERIZED BY URBAN GROWTH.

(3)  BASED UPON THE POPULATION PROJECTIONS PREPARED BY THE DIVISION OF PLANNING UNDER SECTION 24­32­204, C.R.S., THE URBAN GROWTH AREAS OF EACH COUNTY, TAKEN TOGETHER, SHALL INCLUDE AREAS AND DENSITIES SUFFICIENT TO ACCOMMODATE NO LESS THAN ONE HUNDRED PERCENT BUT NO MORE THAN ONE HUNDRED TWENTY­FIVE PERCENT OF THE URBAN GROWTH THAT IS PROJECTED TO OCCUR IN THE COUNTY DURING THE NEXT TWENTY YEARS.

(4)  EACH COUNTY SHALL REVIEW THE URBAN GROWTH AREA SUBMITTED BY EACH PLANNING MUNICIPALITY WITHIN THE COUNTY'S BOUNDARIES AND SHALL ATTEMPT TO REACH AGREEMENT WITH EACH PLANNING MUNICIPALITY REGARDING ITS URBAN GROWTH AREA SO THAT THE TOTAL OF ALL URBAN GROWTH AREAS IN THE COUNTY COMPLIES WITH THE REQUIREMENTS OF SUBSECTION (3) OF THIS SECTION. IF SUCH AN AGREEMENT IS NOT REACHED WITH ONE OR MORE PLANNING MUNICIPALITIES, THE COUNTY OR THE PLANNING MUNICIPALITY SHALL IDENTIFY THE DIFFERENCES BETWEEN URBAN GROWTH AREAS AND THE BASIS FOR SUCH DIFFERENCES AND SHALL SUBMIT THEM TO THE APPROPRIATE INTERJURISDICTIONAL ARBITRATION COMMITTEE FOR REVIEW AND RESOLUTION THROUGH THE DISPUTE RESOLUTION PROCESS ESTABLISHED IN SECTION 29­20­217.

(5)  IN IDENTIFYING ITS URBAN GROWTH AREAS, EACH PLANNING JURISDICTION SHALL APPLY THE FOLLOWING GUIDELINES:

(a)  THE FIRST LOCATION FOR URBAN GROWTH SHOULD BE IN AREAS ALREADY CHARACTERIZED BY URBAN GROWTH THAT HAVE ADEQUATE EXISTING PUBLIC FACILITY AND SERVICE CAPACITIES TO SERVE SUCH DEVELOPMENT.

(b)  THE SECOND LOCATION FOR URBAN GROWTH SHOULD BE IN AREAS ALREADY CHARACTERIZED BY URBAN GROWTH THAT WILL BE SERVED ADEQUATELY BY A COMBINATION OF BOTH EXISTING PUBLIC FACILITIES AND SERVICES AND ANY ADDITIONAL NEEDED PUBLIC FACILITIES AND SERVICES THAT ARE PROVIDED BY EITHER PUBLIC OR PRIVATE SOURCES.

(c)  THE THIRD LOCATION FOR URBAN GROWTH SHOULD BE IN THE REMAINING PORTIONS OF EXISTING URBAN GROWTH AREAS.

(6)  EACH COUNTY SHALL INCLUDE THE URBAN GROWTH AREAS OF PLANNING MUNICIPALITIES WITHIN ITS JURISDICTION IN ITS COMPREHENSIVE PLAN AND SHALL ADOPT SUCH URBAN GROWTH AREAS AS PART OF ITS COMPREHENSIVE PLAN.

(7)  IF THE COUNTY AND ITS PLANNING MUNICIPALITIES HAVE DEFINED AN URBAN GROWTH AREA THROUGH A METROPOLITAN PLANNING ORGANIZATION, A REGIONAL PLANNING COMMISSION, OR A VOLUNTARY INTERGOVERNMENTAL AGREEMENT WITHIN FIVE YEARS PRIOR TO THE EFFECTIVE DATE OF THIS PART 2, AS ENACTED, THE URBAN GROWTH BOUNDARY ESTABLISHED THROUGH THAT PROCESS SHALL BE THE URBAN GROWTH BOUNDARY REQUIRED BY THIS SECTION UNLESS AND UNTIL SUCH URBAN GROWTH BOUNDARY IS CHANGED THROUGH A PROCESS CONDUCTED BY THE SAME METROPOLITAN PLANNING ORGANIZATION OR REGIONAL PLANNING COMMISSION, OR THROUGH A VOLUNTARY INTERGOVERNMENTAL AGREEMENT, OR AMENDMENTS THERETO THAT ARE CONSISTENT WITH THIS PART 2.

29­20­207.  Optional elements of comprehensive plans. (1)  A COMPREHENSIVE PLAN MAY INCLUDE ADDITIONAL ELEMENTS RELATING TO PHYSICAL, ECONOMIC, SOCIAL, CULTURAL, DESIGN, OR ENVIRONMENTAL FACTORS, INCLUDING BUT NOT LIMITED TO THOSE ELEMENTS PERMITTED UNDER ARTICLE 20 OF THIS TITLE; ARTICLE 65.1 OF TITLE 24, C.R.S.; PART 1 OF ARTICLE 28 OF TITLE 30, C.R.S.; AND PART 2 OF ARTICLE 23 OF TITLE 31, C.R.S.

(2)  NOTWITHSTANDING SECTION 29­20­206, A COUNTY THAT IS SUBJECT TO THIS PART 2 MAY ESTABLISH, AFTER CONSULTATION WITH OTHER PLANNING MUNICIPALITIES IN THE COUNTY, A PROCESS FOR REVIEWING AND APPROVING PROPOSALS TO SITE SPECIFIC MAJOR INDUSTRIAL FACILITIES OR REGIONAL PUBLIC FACILITIES OUTSIDE URBAN GROWTH AREAS SO LONG AS:

(a)  THE PLANNING FOR SUCH FACILITIES COMPLIES WITH ALL OTHER REQUIREMENTS OF THIS PART 2;

(b)  ALL REQUIRED INFRASTRUCTURE IS PROVIDED WITHOUT ADVERSE IMPACTS ON THE LEVELS OF SERVICES ENJOYED BY EXISTING RESIDENTS;

(c)  ALL ADVERSE ENVIRONMENTAL IMPACTS OF THE FACILITY ARE IDENTIFIED AND MITIGATED OR AVOIDED TO THE EXTENT POSSIBLE; AND

(d)  THE GOVERNMENTAL REVENUE GENERATED BY THE FACILITY IS SHARED PROPORTIONATELY WITH ANY OTHER COUNTIES OR PLANNING MUNICIPALITIES EXPERIENCING INCREASED COMMUTING TRAFFIC OR RESIDENTIAL DEVELOPMENT AS A RESULT OF THE LOCATION OF THE MAJOR INDUSTRIAL FACILITY OR REGIONAL PUBLIC FACILITY OUTSIDE AN URBAN GROWTH AREA.

29­20­208.  Project review. (1)  UPON RECEIPT OF AN APPLICATION FOR A PROJECT PERMIT, A PLANNING JURISDICTION SHALL REVIEW THE APPLICATION FOR CONSISTENCY WITH ADOPTED DEVELOPMENT REGULATIONS OR, IN THE ABSENCE OF APPLICABLE DEVELOPMENT REGULATIONS, THE APPROPRIATE ELEMENTS OF THE ADOPTED COMPREHENSIVE PLAN. A REVIEW OF THE CONSISTENCY OF AN APPLICATION SHALL ADDRESS THE CONSISTENCY OR INCONSISTENCY OF EACH OF THE FOLLOWING ELEMENTS:

(a)  THE TYPE OF LAND USE;

(b)  THE DENSITY OR INTENSITY OF DEVELOPMENT;

(c)  INFRASTRUCTURE AND PUBLIC FACILITIES AND SERVICES NEEDED TO SERVE THE DEVELOPMENT; AND

(d)  DEVELOPMENT STANDARDS ADDRESSING THE CHARACTER AND QUALITY OF DEVELOPMENT.

(2)  THE OUTCOME OF THE REVIEW FOR CONSISTENCY SHALL BE DETERMINATIVE OF WHETHER THE PROJECT IS APPROVED, APPROVED WITH CONDITIONS, OR DENIED.

(3)  DURING PROJECT REVIEW, THE PLANNING JURISDICTION MAY ATTACH CONDITIONS TO ANY AREA IN WHICH AN APPLICATION FOR A PROJECT PERMIT DOES NOT CONFORM TO THE ADOPTED DEVELOPMENT REGULATIONS AND COMPREHENSIVE PLAN, BUT ADDITIONAL RESTRICTIONS SHALL NOT BE PLACED UPON THE PORTIONS OF THE APPLICATION THAT ARE CONSISTENT WITH ADOPTED DEVELOPMENT REGULATIONS AND COMPREHENSIVE PLAN.

29­20­209.  Coordination of comprehensive plans. (1)  A COMPREHENSIVE PLAN ADOPTED BY A COUNTY SHALL BE CONSISTENT WITH THE COMPREHENSIVE PLANS OF THE PLANNING MUNICIPALITIES WITHIN THE COUNTY'S BOUNDARIES. EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION (1), THE COUNTY SHALL HAVE LEAD RESPONSIBILITY FOR ENSURING THAT COMPREHENSIVE PLANS OF THE PLANNING MUNICIPALITIES WITHIN THE COUNTY ARE CONSISTENT WITH EACH OTHER. IN AREAS WITHIN A METROPOLITAN PLANNING ORGANIZATION, THE METROPOLITAN PLANNING ORGANIZATION SHALL HAVE LEAD RESPONSIBILITY FOR COORDINATING ALL OF THE COMPREHENSIVE PLANS WITHIN THE AREA TO ENSURE THAT THEY ARE CONSISTENT WITH ONE ANOTHER.

(2)  IF THE INCORPORATED BOUNDARIES OF A PLANNING MUNICIPALITY INCLUDE AREAS LOCATED IN TWO OR MORE COUNTIES, THE PLANNING MUNICIPALITY SHALL PARTICIPATE IN THE PLANNING PROCESS OF EACH COUNTY WITHIN WHICH THE MUNICIPALITY HAS TERRITORY. THE URBAN GROWTH AREAS OF PLANNING MUNICIPALITIES THAT ARE LOCATED IN WHOLE OR IN PART WITHIN A COUNTY SHALL BE CONSISTENT WITH THAT COUNTY'S COMPREHENSIVE PLAN.

(3)  IN CASES OF DISPUTE BETWEEN PLANNING JURISDICTIONS CONCERNING THE CONSISTENCY OF COMPREHENSIVE PLANS, THE DISPUTING JURISDICTIONS MAY SUBMIT THE COMPREHENSIVE PLANS TO THE INTERJURISDICTIONAL ARBITRATION COMMITTEE ESTABLISHED IN SECTION 29­20­217 FOR REVIEW.

29­20­210.  State agencies required to comply.  STATE AGENCIES SHALL COORDINATE THEIR PLANNING WITH AND SHALL COMPLY WITH THE COMPREHENSIVE PLANS AND DEVELOPMENT REGULATIONS ADOPTED BY PLANNING JURISDICTIONS IN ACCORDANCE WITH THIS PART 2, UNLESS THE STATUTE AUTHORIZING THE STATE ACTIVITY CLEARLY AND EXPLICITLY EXEMPTS SUCH ACTIVITY FROM COMPLIANCE. STATE AGENCIES SHALL CONSTRUCT FACILITIES AND PROVIDE SERVICES IN CONFORMITY WITH COMPREHENSIVE PLANS ADOPTED BY PLANNING JURISDICTIONS IN ACCORDANCE WITH THIS PART 2.

29­20­211.  School districts and special districts required to comply.  SCHOOL DISTRICTS AS DEFINED IN SECTION 22­30­103 (13), C.R.S., AND SPECIAL DISTRICTS, INCLUDING BUT NOT LIMITED TO ALL PUBLIC IMPROVEMENT DISTRICTS ESTABLISHED UNDER PART 5 OF ARTICLE 20 OF TITLE 30, C.R.S., BUSINESS IMPROVEMENT DISTRICTS ESTABLISHED UNDER PART 12 OF ARTICLE 25 OF TITLE 31, C.R.S., LOCAL IMPROVEMENT DISTRICTS ESTABLISHED UNDER PART 6 OF ARTICLE 20 OF TITLE 30, C.R.S., THE REGIONAL TRANSPORTATION DISTRICT ESTABLISHED UNDER ARTICLE 9 OF TITLE 32, C.R.S., URBAN DRAINAGE AND FLOOD CONTROL DISTRICTS ESTABLISHED UNDER PART 2 OF ARTICLE 11 OF TITLE 32, C.R.S., AND ALL OTHER DISTRICTS CREATED PURSUANT TO TITLE 32, C.R.S., OR ANY OTHER PROVISION OF STATE LAW, SHALL BASE THEIR PLANNING ON THE SAME POPULATION AND HOUSING PROJECTIONS, LAND USE ELEMENTS, AND URBAN GROWTH AREAS ADOPTED BY THE PLANNING JURISDICTIONS WITHIN WHICH THEY PROVIDE SERVICES AND SHALL CONSTRUCT FACILITIES AND PROVIDE SERVICES CONSISTENT WITH THE ADOPTED COMPREHENSIVE PLAN OF SUCH PLANNING JURISDICTION, UNLESS STATE OR LOCAL LAW EXPLICITLY EXEMPTS SUCH ACTIVITY FROM COMPLIANCE.

29­20­212.  Adoption of development regulations.  EACH PLANNING JURISDICTION SHALL PERFORM ITS ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE ADOPTION OF DEVELOPMENT REGULATIONS AND THE REVIEW OF INDIVIDUAL PROJECT PERMIT APPLICATIONS, IN CONFORMITY WITH ITS ADOPTED COMPREHENSIVE PLAN. THE REQUIREMENT OF CONFORMITY SHALL NOT REQUIRE THE CONSTRUCTION OF ANY SPECIFIC ITEM OF INFRASTRUCTURE FOR WHICH THE PLANNING JURISDICTION HAS NOT MADE AN APPROPRIATION BUT SHALL PROHIBIT THE CONSTRUCTION OF INFRASTRUCTURE IN AREAS INCONSISTENT WITH THE ADOPTED COMPREHENSIVE PLAN. DEVELOPMENT REGULATIONS ADOPTED BY A PLANNING JURISDICTION IN ACCORDANCE WITH AN ADOPTED COMPREHENSIVE PLAN MAY INCLUDE SYSTEMS FOR THE TRANSFER OF DEVELOPMENT POTENTIAL BETWEEN DESIGNATED SENDING AND RECEIVING AREAS, INCLUDING THE TRANSFER OF SUCH POTENTIAL BETWEEN PLANNING MUNICIPALITIES AND COUNTIES WITH THE APPROVAL OF BOTH JURISDICTIONS, SO LONG AS SUCH SYSTEM IS CONSISTENT WITH THIS PART 2 AND THE ADOPTED COMPREHENSIVE PLANS OF ALL THE PLANNING JURISDICTIONS FROM WHICH AND TO WHICH DEVELOPMENT MAY BE TRANSFERRED. NOTWITHSTANDING SECTION 30­28­101 (10), C.R.S., IN COUNTIES SUBJECT TO THIS PART 2, SUBDIVISION REGULATIONS MAY, AT THE OPTION OF THE BOARD OF COUNTY COMMISSIONERS, ALSO EXTEND TO THE DIVISION OF LAND INTO TRACTS, EACH OF WHICH IS THIRTY­FIVE ACRES OR MORE IN SIZE.

29­20­213.  Comprehensive plan ­ amendments. (1)  A PLANNING JURISDICTION MAY AMEND ITS ADOPTED COMPREHENSIVE PLAN OR DEVELOPMENT REGULATIONS AT ANY TIME IF SUCH AMENDMENT CONFORMS TO THIS PART 2. NO COUNTY SUBJECT TO THIS PART 2 SHALL AMEND THE URBAN GROWTH AREA OF A PLANNING MUNICIPALITY LOCATED IN THE COUNTY WITHOUT THE CONSENT OF THAT PLANNING MUNICIPALITY. NO PLANNING MUNICIPALITY SHALL AMEND ITS URBAN GROWTH AREA SO AS TO INCREASE OR DECREASE THE POPULATION GROWTH PLANNED TO BE ACCOMMODATED WITHIN THE URBAN GROWTH AREA WITHOUT THE CONSENT OF ALL OTHER PLANNING MUNICIPALITIES THAT HAVE MUNICIPAL BOUNDARIES OR URBAN GROWTH AREA BOUNDARIES THAT ADJOIN THAT PLANNING MUNICIPALITY OR ITS CURRENT URBAN GROWTH AREA.

(2)  EACH PLANNING JURISDICTION SHALL REVIEW ITS DESIGNATED URBAN GROWTH AREA AT LEAST ONCE EVERY FIVE YEARS. IN CONJUNCTION WITH THIS REVIEW, EACH COUNTY SUBJECT TO THIS PART 2 SHALL CONSULT WITH EACH OF THE PLANNING MUNICIPALITIES LOCATED WITHIN ITS BOUNDARIES, AND EACH PLANNING MUNICIPALITY SHALL CONSULT WITH EACH COUNTY WITHIN WHICH IT IS LOCATED REGARDING THE PATTERN AND RATE OF GROWTH AND THE AVAILABILITY OF ADEQUATE LAND WITHIN URBAN GROWTH AREAS TO ACCOMMODATE ANTICIPATED GROWTH. DURING THIS REVIEW PROCESS, THE BOUNDARIES OF THE URBAN GROWTH AREAS AND THE DENSITIES PERMITTED WITHIN THEM SHALL BE REVISED AS NECESSARY TO ACCOMMODATE THE URBAN GROWTH PROJECTED TO OCCUR IN THE PLANNING JURISDICTION FOR THE SUCCEEDING TWENTY­YEAR PERIOD.

(3)  IN THE EVENT OF A DISPUTE BETWEEN PLANNING JURISDICTIONS REGARDING A PROPOSED AMENDMENT TO A COMPREHENSIVE PLAN, ANY PLANNING JURISDICTION INVOLVED IN THE DISPUTE MAY SUBMIT THE DISPUTE TO THE APPROPRIATE INTERJURISDICTIONAL ARBITRATION COMMITTEE FOR REVIEW AND RESOLUTION THROUGH THE PROCESS ESTABLISHED IN SECTION 29­20­217. NO SUCH DISPUTE SHALL BE SUBJECT TO REVIEW BY ANY COURT UNLESS AND UNTIL THE PROCESS SET FORTH IN SECTION 29­20­217 HAS BEEN COMPLETED.

29­20­214.  Filing comprehensive plans and development regulations.  EACH PLANNING JURISDICTION SHALL FILE A COMPLETE AND ACCURATE COPY OF ITS ADOPTED COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS WITH THE DEPARTMENT WITHIN THIRTY DAYS AFTER FINAL ADOPTION. ANY AMENDMENTS TO A COMPREHENSIVE PLAN OR DEVELOPMENT REGULATIONS SHALL BE SUBMITTED TO THE DEPARTMENT IN THE SAME MANNER AS INITIAL PLANS AND DEVELOPMENT REGULATIONS UNDER THIS SECTION.

29­20­215.  Technical assistance and mediation. (1)  THE DEPARTMENT SHALL ESTABLISH A PROGRAM OF TECHNICAL AND FINANCIAL ASSISTANCE TO PLANNING JURISDICTIONS TO ENCOURAGE AND FACILITATE THE ADOPTION AND IMPLEMENTATION OF COMPREHENSIVE PLANS AND DEVELOPMENT REGULATIONS THROUGHOUT THE STATE.

(2)  THE DEPARTMENT SHALL PROVIDE OR ARRANGE FOR MEDIATION SERVICES TO RESOLVE DISPUTES BETWEEN PLANNING JURISDICTIONS REGARDING ANY MATTER COVERED BY THIS PART 2 WHEN REQUESTED BY A MAJORITY OF THE PLANNING JURISDICTIONS INVOLVED IN THE DISPUTE. THE PLANNING JURISDICTIONS THAT ARE PARTIES TO THE DISPUTE SHALL PAY THE COSTS OF THE MEDIATION SERVICES.

(3)  THE DEPARTMENT SHALL DEVELOP AND ADMINISTER A GRANT PROGRAM TO PROVIDE DIRECT FINANCIAL ASSISTANCE TO PLANNING JURISDICTIONS FOR THE PURPOSE OF IMPLEMENTING THIS PART 2. THE DEPARTMENT MAY ESTABLISH PROVISIONS OR REQUIREMENTS FOR PLANNING JURISDICTIONS TO PROVIDE MATCHING FUNDS TO RECEIVE FINANCIAL ASSISTANCE PROVIDED PURSUANT TO THIS SUBSECTION (3).

29­20­216.  Planned growth planning fund.  THE PLANNED GROWTH PLANNING FUND IS HEREBY CREATED IN THE STATE TREASURY. MONEYS MAY BE PLACED IN THE FUND FROM ANY LAWFUL SOURCE. MONEYS IN THE FUND MAY BE SPENT ONLY AFTER APPROPRIATION BY THE GENERAL ASSEMBLY AND SHALL BE USED ONLY FOR THE PURPOSES SET FORTH IN SECTION 29­20­215.

29­20­217.  Interjurisdictional dispute resolution process ­ interjurisdictional arbitration committee. (1)  THE PLANNING JURISDICTIONS AND OTHER AFFECTED LOCAL GOVERNMENTS SHALL FOLLOW THE DISPUTE RESOLUTION PROCESS DESCRIBED IN THIS SECTION TO RESOLVE DIFFERENCES BETWEEN SUCH PLANNING JURISDICTIONS AND OTHER AFFECTED LOCAL GOVERNMENTS THAT ARISE UNDER THIS PART 2, INCLUDING BUT NOT LIMITED TO DIFFERENCES CONCERNING:

(a)  WHETHER A COMPREHENSIVE PLAN ADOPTED BY A PLANNING JURISDICTION MEETS THE REQUIREMENTS OF THIS PART 2; AND

(b)  DISPUTES BETWEEN TWO OR MORE PLANNING JURISDICTIONS OR OTHER AFFECTED LOCAL GOVERNMENTS REGARDING THE CONTENTS OF A COMPREHENSIVE PLAN, INCLUDING BUT NOT LIMITED TO THE ESTABLISHMENT OF AN URBAN GROWTH AREA.

(2)  THE PROCESS FOR RESOLVING DISPUTES BETWEEN PLANNING JURISDICTIONS AND OTHER AFFECTED LOCAL GOVERNMENTS UNDER THIS PART 2 SHALL BE AS FOLLOWS:

(a)  EACH PARTY TO THE DISPUTE SHALL SELECT A PERSON FROM THE POOL OF DISINTERESTED COUNTERPARTS DESCRIBED IN PARAGRAPH (b) OF THIS SUBSECTION (2) TO SERVE ON THE INTERJURISDICTIONAL ARBITRATION COMMITTEE FOR THE DISPUTE. THE PERSONS SELECTED TO THE INTERJURISDICTIONAL ARBITRATION COMMITTEE SHALL SELECT A THIRD PERSON FROM THE POOL. NONE OF THE PERSONS SELECTED TO SERVE ON THE COMMITTEE SHALL BE FROM THE DISPUTING PLANNING JURISDICTIONS OR THE OTHER AFFECTED LOCAL GOVERNMENTS INVOLVED IN THE DISPUTE.

(b)  THE POOL OF DISINTERESTED COUNTERPARTS SHALL BE COMPOSED OF REPRESENTATIVES DESIGNATED BY THE MEMBERSHIP OF COLORADO COUNTIES INCORPORATED (CCI), THE COLORADO MUNICIPAL LEAGUE (CML), AND THE COLORADO CHAPTER OF THE AMERICAN PLANNING ASSOCIATION. THE REPRESENTATIVES FROM CCI AND CML SHALL BE AN ELECTED OFFICIAL, A MUNICIPAL MANAGER, OR A MUNICIPAL OR COUNTY ATTORNEY. EACH ORGANIZATION SHOULD DESIGNATE AT LEAST TWENTY REPRESENTATIVES TO SERVE IN THE POOL, REPLACING REPRESENTATIVES AS NEEDED TO MAINTAIN A TOTAL POOL OF SIXTY PEOPLE AVAILABLE TO SERVE ON INTERJURISDICTIONAL ARBITRATION COMMITTEES.

(c)  IF THE DISPUTE INVOLVES MORE THAN TWO PARTIES AND MORE THAN ONE ISSUE BETWEEN THOSE PARTIES, THE INTERJURISDICTIONAL ARBITRATION COMMITTEE SHALL CONSIDER AND RESOLVE EACH ISSUE SEPARATELY.

(d)  THE INTERJURISDICTIONAL ARBITRATION COMMITTEE SHALL ADOPT WRITTEN FINDINGS, BASED ON APPROPRIATE DOCUMENTATION, CONCERNING EACH ISSUE IN A DISPUTE. THE COMMITTEE SHALL REMAND AN ISSUE BACK TO THE APPROPRIATE PARTY FOR RECONSIDERATION IF IT FINDS THAT THE CONCERNS RAISED BY A DISPUTING PARTY IS VALID. IN MAKING ITS DECISIONS, AN INTERJURISDICTIONAL ARBITRATION COMMITTEE SHALL STRIVE TO ACHIEVE CONSENSUS ON ITS FINDINGS AND DECISION, BUT A DECISION AND FINDING BY A MAJORITY OF THE COMMITTEE SHALL BE BINDING.

(e)  FOR EACH DAY ACTUALLY ENGAGED IN THE DUTIES OF THE INTERJURISDICTIONAL ARBITRATION COMMITTEE, MEMBERS OF THE COMMITTEE SHALL BE ENTITLED TO THE ACTUAL AND NECESSARY TRAVEL AND SUBSISTENCE EXPENSES TO BE PAID AFTER THE SAME ARE INCURRED. MILEAGE RATES SHALL BE AS PROVIDED IN SECTION 24­9­104, C.R.S.

29­20­218.  Failure to comply ­ sanctions. (1)  IF A PLANNING JURISDICTION FAILS TO ADOPT A COMPREHENSIVE PLAN OR DEVELOPMENT REGULATIONS DURING A PERIOD OF ONE HUNDRED EIGHTY DAYS AFTER THE REQUIRED TIME FOR ADOPTION OF A COMPREHENSIVE PLAN AND NO PETITIONS REGARDING THE MATTER HAVE BEEN FILED WITH THE APPROPRIATE INTERJURISDICTIONAL ARBITRATION COMMITTEE, THE DEPARTMENT MAY RECOMMEND TO THE GOVERNOR THAT THE SANCTIONS AUTHORIZED BY THIS SECTION BE IMPOSED.

(2)  IF A PLANNING JURISDICTION FAILS TO COMPLY WITH A DECISION OF THE APPROPRIATE INTERJURISDICTIONAL ARBITRATION COMMITTEE WITHIN THE TIME SET BY THAT COMMITTEE, THE COMMITTEE OR THE DEPARTMENT MAY RECOMMEND TO THE GOVERNOR THAT THE SANCTIONS AUTHORIZED BY THIS SECTION BE IMPOSED.

(3)  UPON RECEIPT OF A RECOMMENDATION FOR SANCTIONS FROM EITHER THE DEPARTMENT OR AN INTERJURISDICTIONAL ARBITRATION COMMITTEE UNDER SUBSECTIONS (1) AND (2) OF THIS SECTION, NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE GOVERNOR SHALL WITHHOLD ALL STATE­ADMINISTERED FINANCIAL ASSISTANCE, GRANTS, LOANS, OR PERMITS FROM:

(a)  ANY PLANNING JURISDICTION THAT HAS NOT ADOPTED A COMPREHENSIVE PLAN; AND

(b)  ANY PROJECT THAT IS INCONSISTENT WITH THE APPLICABLE ADOPTED COMPREHENSIVE PLAN.

29­20­219.  Supplements existing law.  THE PROVISIONS OF THIS PART 2 SUPPLEMENT, BUT DO NOT REPLACE, THOSE PROVISIONS OF PART 1 OF THIS ARTICLE; PART 1 OF ARTICLE 65.1 OF TITLE 24, C.R.S.; PART 1 OF ARTICLE 28 OF TITLE 30, C.R.S.; PART 2 OF ARTICLE 23 OF TITLE 31, C.R.S.; AND ANY OTHER STATUTES GRANTING PLANNING AND REGULATORY POWERS TO COUNTIES AND MUNICIPALITIES. IN THE EVENT OF A CONFLICT BETWEEN THE PROVISIONS OF ANY SUCH LAW AND THIS PART 2, THE PROVISIONS OF THIS PART 2 SHALL GOVERN.

SECTION 2.  Appropriation.  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of local affairs for allocation to ___, for the fiscal year beginning July 1, 1998, the sum of ___ dollars ($ ) and ___ FTE, or so much thereof as may be necessary, for the implementation of this act.