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Colorado Revised Statutes Title 29. Government Local § 29-35-404. Accessory dwelling unit supportive jurisdiction report--certification of a jurisdiction as an accessory dwelling unit supportive jurisdiction

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) In order to be certified as an accessory dwelling unit supportive jurisdiction by the department, a local government must submit to the department, in a form and manner determined by the department, a report demonstrating evidence of the local government:

(I) Complying with section 29-35-103 as a subject jurisdiction or, if the local government is not a subject jurisdiction, as if the local government were a subject jurisdiction for purposes of section 29-35-103; and

(II) Implementing one or more of the following strategies:

(A) Waiving, reducing, or providing financial assistance for accessory dwelling unit-related fees that are incurred by low-and moderate-income households;

(B) Enacting local laws or programs that incentivize the affordability of certain accessory dwelling units including accessory dwelling units used primarily to house the local workforce;

(C) Providing pre-approved plans for the construction of accessory dwelling units;

(D) Implementing a program to provide education and technical assistance to homeowners to construct or convert an accessory dwelling unit;

(E) Implementing a program to regulate the use of accessory dwelling units for short-term rentals;

(F) Enacting local laws that incentivize the construction and conversion of accessible and visitable accessory dwelling units;

(G) Assisting property owners with ensuring that pre-existing accessory dwelling units comply with local laws;

(H) Enabling a pathway for the separate sale of an accessory dwelling unit;

(I) Enacting local laws that encourage the construction of accessory dwelling units that are factory-built residential structures, as defined in section 24-32-3302(10); or

(J) Any other strategy that is approved by the department and that encourages the construction, conversion, or use of accessory dwelling units.

(b)(I) On or before June 30, 2025, a subject jurisdiction shall submit the report described in subsection (1)(a) of this section.

(II) Notwithstanding subsection (1)(b)(I) of this section, the department may allow a subject jurisdiction to submit the report described in subsection (1)(a) of this section no more than six months after the deadline described in subsection (1)(b)(I) of this section if the subject jurisdiction demonstrates, in a form and manner determined by the department, that the subject jurisdiction has:

(A) Initiated a process to update its local laws as necessary to comply with the requirements of the report described in subsection (1)(a) of this section;

(B) A plan and timeline to update its local laws as necessary to comply with the requirements of the report described in subsection (1)(a) of this section; and

(C) Provided an explanation for not being able to meet the deadline described in subsection (1)(b)(I) of this section.

(c) If a local government that is not a subject jurisdiction submits a report pursuant to subsection (1)(a) of this section, that local government shall, as part of the report, submit evidence of complying with the requirements for a subject jurisdiction described in section 29-35-103.

(2)(a) Within ninety days of receiving a local government's report submitted pursuant to subsection (1)(a) of this section, the department shall review the report, either approve or reject the report, and provide feedback to the local government on the report.

(b) If the department approves a local government's report submitted pursuant to subsection (1)(a) of this section, the department shall issue to that local government a certificate indicating that the local government qualifies as an accessory dwelling unit supportive jurisdiction. The department may revoke such a certificate if a local government does not satisfy the requirements of subsection (1)(a) of this section.

(c) If the department rejects a local government's report submitted pursuant to subsection (1)(a) of this section, the department may grant the local government an additional one hundred twenty days to correct any deficiencies identified in the report and resubmit an amended report. Within ninety days of receiving an amended report, the department shall review the amended report, either approve or reject the amended report, and provide feedback on the amended report.

(3) The department, in consultation with the department of transportation, the Colorado energy office, and the Colorado office of economic development, may develop policies and procedures as necessary to implement this section.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 29. Government Local § 29-35-404. Accessory dwelling unit supportive jurisdiction report--certification of a jurisdiction as an accessory dwelling unit supportive jurisdiction - last updated January 01, 2025 | https://codes.findlaw.com/co/title-29-government-local/co-rev-st-sect-29-35-404/

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