Fremont County adopts 1041 regulations for public utilities, keeps moratorium until fees set

The Fremont County Board of Commissioners voted to adopt local regulations designating certain public-utility projects as matters of state interest, approving Resolution No. 38, Series of 2024, during its Dec. 10 meeting.

The rules, commonly called “1041” regulations after House Bill 1074 (1974), cover site selection and construction of new — and major expansions of — domestic water and sewage treatment systems and other public-utility facilities in unincorporated Fremont County. County Attorney Bellas said the adoption is part of a process to preserve local review and public hearings for projects that could have broader impacts. "Adoption of these has is not really an event, it's more of a process," Bellas said at the meeting.

County staff and attorneys told the board they revised the draft regulations following public comment to avoid imposing the permitting process on routine, day-to-day utility operations. Under the version adopted, the regulations are intended to apply to establishment of new water or wastewater treatment systems and to major plant modifications that increase hydraulic or treatment capacity; routine line extensions and normal operational activities are not intended to be subject to the 1041 permit process, Bellas said.

The board also clarified scope and geography: the regulations apply only in unincorporated Fremont County and do not take effect inside municipalities. Commissioners said preserving local review was a primary motive. One commissioner framed the change as protection of local control in light of proposed state-level actions and said the county wants residents to retain the ability to comment on siting decisions during public hearings.

The resolution as written originally listed an effective date of Jan. 1, 2025, but commissioners directed staff to finalize a local fee schedule first. At the meeting staff said they needed additional time to research comparable county fees; the board agreed to set the regulations’ effective date to Jan. 21, 2025, and the existing county moratorium on new projects remains in effect until the regulations take effect.

The motion to approve Resolution No. 38, Series of 2024, carried on a roll-call vote: Commissioner Bell — Aye; Commissioner Grantham — Aye; Commissioner McFall — Aye.

What the regulations will (and will not) trigger

County Attorney Bellas and planning staff emphasized the changes are intended to exclude routine municipal work from the permit requirement. Bellas described the intent this way during the discussion: "So these regulations...will not impact that normal day to day operation. They will not impact extension of a water line, extension of a sewer line to serve a new development because they don't substantially increase the capacity of a system. However, they will apply to the establishment of a new wastewater treatment system or the treatment of the establishment of a new water treatment system." Commissioners confirmed the rules are limited to unincorporated areas and cover public-utility facilities broadly (including transmission, storage, and generation infrastructure if designated by the county).

Next steps

County planning staff will complete a fee schedule for 1041 permit applications and bring it back to the board before the Jan. 21 effective date. The county will continue to operate under its moratorium on the regulated activities until the rules and fees take effect.

Speakers

- Commissioner Bell — Commissioner, Fremont County Board of Commissioners (government) - Commissioner Grantham — Commissioner, Fremont County Board of Commissioners (government) - Commissioner McFall — Commissioner, Fremont County Board of Commissioners (government) - County Attorney Bellas — County Attorney (government) - Planning and Zoning Director Victoria — Planning and Zoning Director (government) - Leo Evans — Public Works Director and Engineer, City of Cañon/Canyon City (government)

Authorities

- {"type":"statute","name":"House Bill 1074 (1974)","citation":"House Bill 1074 (1974)","referenced_by":["1041-regs-adopted-2024-38"]} - {"type":"statute","name":"Colorado Revised Statutes §24-65.1-101","citation":"C.R.S. §24-65.1-101","referenced_by":["1041-regs-adopted-2024-38"]} - {"type":"resolution","name":"Resolution No. 38, Series of 2024","citation":"Resolution No. 38, Series of 2024","referenced_by":["1041-regs-adopted-2024-38"]}

Actions

- {"kind":"resolution","identifiers":{"resolution_number":"38, Series of 2024"},"motion":"Approve Resolution No. 38, Series of 2024, adopting guidelines and regulations designating matters of state interest (public utilities).","mover":"not specified","second":"not specified","vote_record":[{"member":"Commissioner Bell","vote":"yes"},{"member":"Commissioner Grantham","vote":"yes"},{"member":"Commissioner McFall","vote":"yes"}],"tally":{"yes":3,"no":0,"abstain":0},"legal_threshold":{"met":true},"outcome":"approved","notes":"Effective date adjusted pending fee schedule; moratorium remains until rules take effect on Jan. 21, 2025."}

Discussion_vs_decision

- discussion_points:["Public comments from utilities (City of Cañon/Canyon City, Fremont Sanitation District) that earlier drafts could affect routine municipal operations","Staff revisions to definitions to limit reach to major new systems or capacity-increasing modifications","Commissioners' emphasis on preserving local review/public hearings"], - directions:["Staff to finalize permit fee schedule before regulations take effect"], - decisions:["Adopt Resolution No. 38, Series of 2024; set effective date contingent on fee schedule (target Jan. 21, 2025); moratorium continues until effective date"]

Clarifying details

- {"category":"jurisdiction","detail":"Applies only to unincorporated Fremont County; does not apply inside municipal boundaries.","value":"true","units":"boolean","approximate":false,"source_speaker":"County Attorney Bellas"} - {"category":"effective_date","detail":"Regulations to take effect after fee schedule finalized; board targeted Jan. 21, 2025.","value":"2025-01-21","units":"date","approximate":false,"source_speaker":"Commissioners"} - {"category":"scope","detail":"Regulations apply to establishment of new water/wastewater treatment systems and major capacity-increasing plant modifications; routine line extensions and normal operations excluded.","source_speaker":"County Attorney Bellas"}

Proper_names

- {"name":"Fremont County","type":"location"} - {"name":"House Bill 1074","type":"statute"} - {"name":"Colorado Revised Statutes §24-65.1-101","type":"statute"}

Community_relevance

- geographies:["Unincorporated Fremont County"], - funding_sources:[], - impact_groups:["Residents near proposed utility projects","Municipal water and sanitation districts"]

Meeting_context

- engagement_level:{"speakers_count":6,"duration_minutes":75,"items_count":1}, - implementation_risk:"medium", - history:[{"date":"2024-11-?","note":"Drafts and public hearing were held prior to adoption; moratorium had been in place while regulations were developed."}]

Searchable_tags:["1041","utilities","water","wastewater","land-use","Fremont County"]

Provenance

- transcript_segments:[{"block_id":"block_1814.085","local_start":0,"local_end":199,"evidence_excerpt":"Okay. That's all the things I have. Is there anyone else who would like to speak on anything not on the agenda? K. Seeing none, we will move on to old business, which is the 10 41 regulations designating, designation of activities of state interest by Fremont County to include site selection and construction of new and major of major new domestic water and sewage treatment systems and major extensions or exist of the gosh, man.","tc_start":"1814.085","tc_end":"1856.49","reason_code":"topicintro"},{"block_id":"block_2566.695","local_start":0,"local_end":112,"evidence_excerpt":"Commissioner Bell. Aye. Commissioner Grantham. Aye. Commissioner McFall. Aye. Motion carries.","tc_start":"2562.8901","tc_end":"2566.695","reason_code":"topicfinish"}]