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Town staff outlines limits and unknowns of new state "Home Act" (House Bill 2610001) for Monument
Summary
Town attorney/staff reviewed House Bill 2610001 (the "Home Act"), explaining it creates an administrative-review path for qualifying entities to develop affordable housing on qualifying properties and that Monument’s small parcel sizes, floodway constraints and utility connections may limit local applicability; staff recommended code updates and continuing monitoring.
Doug, a town staff member, briefed the council on House Bill 2610001 (referred to in the meeting as the Home Act), summarizing key provisions and likely local effects. He said the act facilitates administrative review for certain qualifying entities (nonprofits, housing authorities, school districts and similar bodies) that own qualifying parcels of at least five acres and meet other conditions.
Doug emphasized several limits and exemptions: the act does not apply to properties without utility service, to industrial or agricultural zones in many cases, nor to parcels in floodways or historical districts — conditions that substantially narrow likely applicability within Monument because much undeveloped land is constrained by floodplain or annexation agreements. He also noted the act does not contain detailed, mandatory code language and that state guidance and definitions (for example, what constitutes a "qualified nonprofit") are pending.
Council members asked whether 'affordable' is defined and whether the state had identified penalties for noncompliance; staff responded that the bill includes enforcement risk through developer legal remedies if a municipality denies a project required under the statute, and that local code updates and comprehensive-plan amendments are prudent steps to preserve local control where possible. Staff recommended integrating Home Act considerations into the town’s Title 18 code rewrite and Monument 2040 planning work before any final local responses are adopted.
Doug said a soft compliance timeline exists (staff cited a December 1, 2027 date for certain actions or incorporation into local code), and the town will await further state guidance and examples before undertaking major code changes. Council took no immediate legislative action but directed staff to monitor guidance and consider code edits as part of the planned comprehensive-plan and zoning updates.
