Colorado Legislative Council Staff

REVISED NO FISCAL IMPACT

(replaces no fiscal impact dated January 19, 1999)

TITLE:            CONCERNING THE IMPOSITION OF LIMITATIONS ON THE AUTHORITY OF GOVERNING BODIES OF MUNICIPALITIES TO REGULATE AGRICULTURAL BUSINESSES.

Summary of Assessment

            This reengrossed bill, as amended in the House of Representative, repeals the authority of municipalities to regulate "offensive or unwholesome" businesses within one mile beyond the outer limits of the municipality. It requires Boards of County Commissioners (BOCCs) to refer any proposed land use decision, that involves such a business or agricultural activity that lies wholly or partially within one mile of the corporate limits of the municipality, to the governing body of a municipality for review and comment. The bill would become effective July 1, 1999.

             By repealing the ability of municipalities to regulate certain businesses or establishments within one mile beyond their outer limits, municipalities will be dependent on county government to regulate such activities. The bill requires county government to refer any such proposed land use decisions to the affected municipality for their review and comment. The number of instances in which municipalities and counties would likely disagree on the use is believed to be minimal.

            The amount of any resulting impact, if any, to local governments is expected to be minimal. The bill will not affect state revenue or expenditures. have a significant fiscal impact on any state agency, or unit of local government. Therefore, this bill is assessed as having no fiscal impact.

Departments Contacted

            Local Affairs