Fremont commissioners warn state bills could curtail local land-use control, cite possible revival of energy-siting legislation
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Summary
Commissioners raised concerns about legislation they say would undercut local "1041 powers," warning that a revived state energy-siting bill could limit countiesability to require public hearings, setbacks and other local protections. They urged residents to monitor and engage in the legislative session.
Fremont County commissioners used their Jan. 12 program to warn residents that the Colorado legislative session could include measures affecting local land-use authority and energy siting. The commissioners referred repeatedly to "1041 powers," the local permitting and siting authority they said the county adopted after a planning process to protect neighbors and require public hearings for large-scale projects.
Commissioner Kevin Grantham said a revived energy-siting bill under consideration at the state level could strip counties of those local protections. "With this bill that you're talking about, it doesn't matter what we say... they're gonna come in... and we can't stop them," Grantham said, summarizing the commissioners' concern about state preemption of local siting decisions.
Dwayne McFall and Debbie Bell described the countys adoption of 1041 powers (through planning and zoning and attorney review) as a deliberate effort to secure local input on projects that have statewide interest. McFall and Bell said the county supports sensible siting when appropriate but wants to ensure neighbors have setbacks, hearings and other protections.
Commissioners also previewed the broader legislative environment in Denver, naming topics ranging from building codes to housing and outdoor-recreation policy. They said the county will monitor legislation through Colorado Counties Inc. (CCI) and the National Association of Counties (NACo), and encouraged residents to testify or otherwise engage when a bill affects Fremont County. "Hold on to your wallets," Grantham said, warning of potential impacts from the session.
The commissioners did not identify a specific bill number on air, and no formal county position was recorded during the broadcast. Residents seeking to follow specific legislation were directed to BOCC agendas and the countys legislative updates.