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SCR26-001

Areas of Local Preemption

Type Resolution
Session 2026 Regular Session
Subjects
Local Government State Government

Submitting to the registered electors of the state of Colorado an amendment to the Colorado constitution concerning the preemption of state laws by conflicting local laws in the areas of local permitting, zoning, planning, land use, and siting decisions.

Bill Summary:

     The concurrent resolution provides that, within the territorial limits and jurisdiction of an enacting local government, a local ordinance, code, regulation, or other law enacted by a local government supersedes any conflicting state law in the following areas:

  • Permitting of construction, development, or land access;

  • Zoning and planning;
  • Land use decisions;
  • Siting of utilities and infrastructure;
  • Mineral resource areas;
  • Natural hazard areas;
  • Areas containing, or having a significant impact upon, historical, natural, or archaeological resources of statewide importance;
  • Areas around key facilities in which development may have a material effect upon the key facility or the surrounding community;
  • Site selection and construction of major new domestic water and sewage treatment systems and major extensions of existing domestic water and sewage treatment systems;
  • Site selection and development of solid waste disposal sites;
  • Site selection of airports;
  • Site selection of rapid or mass transit terminals, stations, and fixed guideways;
  • Site selection of arterial highways, arterial 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.

    (Note: This summary applies to the reengrossed version of this concurrent resolution as introduced in the second house.)

Prime Sponsors

Senator Rod Pelton

Senator

Rod Pelton

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Status

Under Consideration

Introduced

Under Consideration

Related Documents & Information

Date Version Documents
04/16/2026 Introduced PDF
Date Location Action
04/16/2026 Senate Introduced In Senate - Assigned to Local Government & Housing

Prime Sponsor

Sponsor

Co-Sponsor