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Elbert County lobbyists warn HB1001 could sideline local zoning for small parcels
Summary
Contract lobbyists told the Board of County Commissioners on Feb. 4 that House Bill 1001 would let certain public and nonprofit entities bypass local zoning for qualifying affordable-housing projects on parcels up to 5 acres, and commissioners raised concerns that subdividing larger tracts into adjacent 5-acre lots could circumvent local land‑use authority.
Contract lobbyists Steve Bell Serovich and Tim Coleman briefed the Elbert County Board of County Commissioners on Feb. 4 about House Bill 1001, a refiled measure that would allow specified entities to proceed with qualifying affordable‑housing projects without following local zoning procedures.
"This bill takes a narrower scope, allowing for nonprofit institutions, housing authorities, transit authorities, and several other groups to bypass local zoning codes to allow for affordable housing to be built on those properties," Tim Coleman said.
Why it matters: Commissioners said the bill could significantly limit local control over land use. The version described to the board would permit qualifying projects on parcels of up to 5 acres; commissioners and staff cautioned that developers or nonprofits could subdivide larger properties into multiple adjacent 5‑acre parcels and then each parcel could qualify under the statute. Commissioner Dallas Schroeder asked whether the 5‑acre limit applies parcel‑by‑parcel; lobbyists and the county manager read the plain language to indicate it is per parcel, and said that reading would allow the scenario of subdividing and then building without further local review.
What commissioners asked for: Commissioners requested staff and the lobbyists seek amendments that would preserve local land‑use authority — for example, limiting the measure so it could not be used on a single parent parcel that had been recently subdivided into multiple 5‑acre lots or specifying that adjacent 5‑acre parcels cannot be aggregated to evade local review. Steve Bell Serovich said the lobbyists would discuss concerns with bill proponents, and that county attorneys or Municipal League counsel could draft specific amendment language. He said he and Tim would report back to the board in roughly two weeks.
Current status and outlook: Lobbyists told the board HB1001 passed an initial committee hearing with five cleanup amendments and may continue on a party‑line path. They said last year’s broader version included religious institutions, but that language was removed in the current iteration. The measure still must clear additional committee and floor steps to become law.
Next steps: County staff will follow up with the Colorado Municipal League and Colorado Counties, Inc., and the board asked staff to return with amendment language and a recommendation at a subsequent meeting.
