DOLA trainer briefs Lake County on new Colorado planning requirements, meeting procedures

Casey McPherson, senior planner in the Colorado Department of Local Affairs (DOLA) Division of Local Government, led a roughly two-hour training for Lake County planning commissioners, county staff and elected officials on Jan. 30 focused on what local bodies must include in plans and how to run defensible public meetings.

McPherson emphasized recent statutory changes and practical steps for planning commissions and boards to avoid legal exposure and improve public participation. "This training typically runs about 2 hours," she told the group as she opened the session and said materials would be shared after the meeting. The presentation covered DOLA resources, statutory requirements for master plans, and procedural and ethical practices for public hearings.

The training matters because state law is changing the content and frequency of local planning documents, and local decisions are often challenged in court when processes or findings are weak. McPherson told attendees that statutory updates now require some communities to add or update a water supply element, a strategic growth element in certain jurisdictions, and new housing-related elements tied to housing action plans. She said these elements must be updated on a five-year timeline in applicable jurisdictions.

Most of the session summarized DOLA guidance and resources. McPherson described DOLADivision of Local Government roles, regional managers as first touch points for state grant programs, and several online resources: a master/template land development code, planning commissioner resources, and a land-use-and-water integration page. She said the previously voluntary water element is now required for many communities and must include consultation with local water providers, conservation policies, and estimates of water supplies and facilities needed to support development described in the comp plan.

On statutory changes McPherson cited Senate Bill 24-174 (referred to during the session) as altering county plan adoption authority and adding requirements for certain plan elements. She told the group that counties and municipalities should consult DOLA guidance and legal counsel to determine which new elements apply locally and how to meet the statutory timelines.

McPherson also spent significant time on meeting practice and legal risk. She walked attendees through the difference between legislative, quasi-judicial and administrative actions; stressed the importance of clear, standards-focused findings of fact; and said that properly written findings help courts defer to local decisions unless a decision was arbitrary. She defined ex parte contact as "any written or verbal communication...outside of a regularly noticed public hearing" that could influence a matter under consideration and said officials should stop inappropriate contact, disclose it to staff and the public, and consult the county attorney when in doubt.

The trainer covered other recurring risks: appearing biased before hearings, offering to "make a deal" from the dais, and using social media to argue or correct the record. She recommended that commissions rotate who makes motions, vote on complex motions in parts, and record the factual bases for each finding. McPherson cited a planning practice note from urban accountants Urban3, noting long-term infrastructure costs vary by design: a cul-de-sac pattern can cost more to maintain than a traditional grid (the presentation referenced a figure of roughly 1.8 times more expensive).

Lake County staff and commissioners discussed local practices during the presentation. County staff described the joint public-hearing process Lake County and the City of Leadville use to streamline review: the planning commission and the board hear the same evidence in a single session, with the planning commission making a recommendation and the board taking final action later. Staff said that approach was intended to reduce duplication while preserving due process.

Attorneys and local staff advised several practical rules for site visits and ex parte contacts: conduct site visits as a documented, group event; post notice if a quorum or formal action will occur; record site-visit attendance and keep the visit informational (no off-the-record lobbying); and disclose any unplanned private contacts at the next hearing. County attorney Chris Floyd and staff reiterated the conservative practice of routing substantive developer or resident conversations through staff so that all parties see the same information.

The session included scenario-based discussions on testimony time limits, accepting late application materials, and how planning commissioners should respond if their recommendation is overturned by an elected board. McPherson advised initial staff conversations when a commission feels repeatedly overturned, then formal check-ins to align standards and expectations rather than public airing of internal disagreements.

The talk closed with a review of DOLA assistance options, including one-on-one technical support, templates, and the DOLA land-use-and-water planner who can help counties develop water supply elements. McPherson said the agency would follow up by sharing her slides and participating in future technical assistance.

Local participants asked about outreach and engagement tools; McPherson pointed to digital engagement case studies (including Lakewood—s online commenting platform) that had increased participation and lowered per-participant costs in other jurisdictions. County staff said Lake County posts accepted land-development applications and publishes an overview sheet when an application is active to improve transparency for residents.

McPherson closed by offering ongoing DOLA support and urging planning commissioners and county staff to prioritize clear procedures, consistent enforcement of rules, and thorough findings to protect due process and keep decisions defensible.