Enabling statute

Colorado

Title 31, Article 23, Part 3 — Zoning (municipal); Title 30, Article 28, Part 1 — County Planning (county zoning)

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Summary

Colorado follows the Standard State Zoning Enabling Act lineage and delegates zoning power to local governments rather than retaining it at the state level. Municipalities derive zoning authority from C.R.S. § 31-23-301 et seq., which empowers city and town legislative bodies to regulate building height/size, lot coverage, density, and land use for health, safety, morals, or general welfare; counties derive authority over unincorporated territory from C.R.S. § 30-28-101 et seq., where the planning commission prepares the zoning plan (§ 30-28-111) and the board of county commissioners adopts and enforces it (§ 30-28-113). In addition, home-rule cities and counties draw independent zoning power from the Colorado Constitution (Art. XX, § 6, and Art. XIV, § 16) as a matter of local concern, so statutory and home-rule sources operate in parallel. Statutory (non-home-rule) municipalities and counties hold only the powers the legislature grants and may be limited or preempted by state law.

The delegation

C.R.S. § 31-23-301 (Grant of power) — MUNICIPALITIES: "(1) For the purpose of promoting health, safety, morals, or the general welfare of the community, including energy conservation and the promotion of solar energy utilization, the legislative bodies of cities and incorporated towns are empowered to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. The regulations and restrictions of the height, number of stories, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation." C.R.S. § 30-28-111 (Zoning plan) — COUNTIES: "(1) The county planning commission of any county may, and upon order by the board of county commissioners in any county having a county planning commission shall, make a zoning plan for zoning all or any part of the unincorporated territory within such county, including both the full text of the zoning resolution and the maps, and representing the recommendations of the commission for the regulation by districts or zones of the location, height, bulk, and size of buildings and other structures, percentage of lot which may be occupied, the size of lots, courts, and other open spaces, the density and distribution of population, the location and use of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry, recreation, or other purposes..." [Adoption/enforcement of county zoning is effected by the board of county commissioners under C.R.S. § 30-28-113, "Regulation of size and use — districts."]

Verification

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All three checks pass. (a) Citations are real and current. C.R.S. § 31-23-301 ("Grant of power") sits in Title 31 (Government-Municipal), Art. 23 (Planning and Zoning), Part 3 (Zoning), §§ 31-23-301 — 31-23-316; current 2024 statutes confirm. C.R.S. § 30-28-101 ("Definitions") sits in Title 30 (Government-County), Art. 28 (County Planning and Building Codes), Part 1 (County Planning), §§ 30-28-101 — 30-28-140; current 2024 statutes confirm. Neither is repealed. (b) These are genuinely the zoning enabling authorities. § 31-23-301 empowers the governing body of each municipality to regulate/restrict height, number of stories and size of buildings, percentage of lot occupied, density of population, and location/use of buildings and land, for the purpose of promoting health, safety, morals, or the general welfare of the community — verbatim SSZEA lineage, matching the summary. The county chain is confirmed: § 30-28-111 (Zoning Plan) — the county planning commission makes the zoning plan (text + maps) regulating location, height, bulk, size, lot coverage, density, and use; § 30-28-113 (Regulation of size and use - districts) — after the commission certifies the plan and holds a public hearing, the board of county commissioners adopts/regulates by resolution for unincorporated territory outside cities and towns. Section roles cited in the summary are accurate. (c) authority_model county_and_municipal (home_rule) is accurate. Counties (Title 30 Art. 28) zone unincorporated territory; municipalities (Title 31 Art. 23 Part 3) zone within their limits. Home-rule cities draw independent zoning power from Colo. Const. art. XX, § 6 — zoning held a "local and municipal matter" (Roosevelt v. City of Englewood); home-rule ordinances supersede conflicting state law on purely local matters but yield on mixed/statewide concerns. Home-rule counties exist under Colo. Const. art. XIV, § 16 (correct citation), though only a handful of counties use it; the statutory Title 30 Art. 28 remains the enabling authority for the overwhelming majority of counties. Statutory (non-home-rule) municipalities and counties hold only delegated powers and may be preempted — accurate. No corrections needed.