Compliance Framework and Guidelines EO D 2025 005
Executive Order D 2025 005 directs the Department of Local Affairs (DOLA) to summarize the framework, criteria, and benchmarks established in HB24-1007, HB24-1152, HB24-1304, HB24-1313, SB24-174, HB25-1273, and SB25-002 for identifying certified Strategic Growth Compliant Local Governments for the purpose of establishing priority for state Funding Opportunities.
The purpose of this Compliance Framework and Guidelines document is to ensure that Local Governments have a clear understanding of the statutory requirements that DOLA will be evaluating, and the process that DOLA will use to designate a Local Government as Strategic Growth Compliant, Strategic Growth Compliance-in-Progress, or Strategic Growth Non-Compliant by October 6, 2025, in accordance with the Executive Order. After October 6, DOLA will update the list of Local Governments and their compliance designation quarterly to reflect new information that DOLA receives.
In addition, DOLA’s website provides information on the laws subject to the Executive Order, including details about the different Subject Local Jurisdictions for each law. DOLA also offers technical assistance for local planning efforts, while DOLA’s Land Use and Housing Implementation Portal (LUHIP) enables Local Governments to electronically submit information required for compliance with certain laws.
Definitions
The following definitions used in this document are reproduced from the Executive Order:
- “Funding Opportunities” means competitive or discretionary grants, contracts, loans, incentive programs, and discretionary tax credits that provide support to Local Governments in areas of housing development, land use, transportation, infrastructure, historic preservation, mixed-use incentives, conservation, energy, or climate administered by the Department of Transportation (CDOT), the Colorado Energy Office (CEO), the Department of Local Affairs (DOLA), and the Office of Economic Development and International Trade (OEDIT), subject to exclusions in Section III.B of the Executive Order.
- “Local Governments” means a home rule, territorial charter, or statutory county, city and county, city, or town.
- “Strategic Growth Compliant” means timely and satisfactory completion of each requirement set forth in the laws listed in Section I of the Executive Order, including but not limited to: timely and satisfactory filing of preliminary reports, compliance reports, final reports, status reports, needs assessments, action plans, master plans, and adoption of zoning and land development ordinances, and other key deliverables and deadlines as established in statute and by DOLA in order to effectuate the laws.
- “Strategic Growth Compliance-in-Progress” means non-timely or non-satisfactory completion of a requirement set forth in the laws listed in Section I of the Executive Order, but where good faith effort is being made to comply in a timely manner, including but not limited to: making use of DOLA guidance and templates; engaging with DOLA staff in receiving technical guidance; establishing mutually acceptable alternative timelines with DOLA to become compliant with strategic growth laws; and other activities as established by DOLA to determine good faith effort.
- “Strategic Growth Non-Compliant” means non-timely or non-satisfactory completion of a requirement set forth in the laws listed in Section I of the Executive Order, such as:
- A compliance deadline passes and a Local Government has not submitted the required information to DOLA;
- The Local Government adopts a resolution or ordinance establishing a policy not to conform with a State law listed above or any other State law; and/or
- A Local Government takes action contrary to the express intent or directive of the State laws listed above.
Compliance Framework and Guidelines
As stated in the Executive Order, DOLA will use the compliance guidelines outlined in this document to create and update a list of Strategic Growth Compliant, Compliance-In-Progress, and Non-Compliant Local Governments. This document includes the Key Benchmarks that DOLA will evaluate for compliance with each of the laws. Each benchmark identified below includes guidance to Local Governments on how DOLA will determine which designation a Subject Local Government will receive for that specific benchmark for each quarterly update.
In some cases, Local Governments that are categorized as “Strategic Growth Compliance-In-Progress” may be assumed to be acting in good faith to comply until actions or direct communications to DOLA arise that indicate a lack of good faith action, in which case Local Governments would be categorized as “Strategic Growth Non-Compliant.” Indicators include, but are not limited to the following:
- Mutually agreed-upon alternative timeline has passed and the Local Government has not submitted required information to DOLA
- The Local Government adopts a resolution or ordinance establishing a policy not to conform with the law
- Any written notice indicating direction to local planning staff to stop work on compliance efforts
- Failure to resubmit reporting information in a timely manner
- Failure to respond to requests for correction or further information in a timely manner
If a Key Benchmark does not include a Strategic Growth Compliance-in-Progress Determination category, then that designation does not apply to that benchmark.
HB24-1007, Prohibit Residential Occupancy Limits
HB24-1304, Minimum Parking Requirements
HB24-1152, Accessory Dwelling Units
HB24-1313, Housing in Transit-Oriented Communities
SB24-174, Sustainable Affordable Housing
HB25-1273, Residential Building Stair Modernization
SB25-002, Regional Building Codes for Factory-Built Structures
HB24-1007, Prohibit Residential Occupancy Limits
Per the law and posted guidelines:
Local Governments shall not limit the number of people who may live together in a single dwelling based on familial relationship. It is a best practice to update local ordinances to reflect C.R.S. § 29-20-111(3), although not required by the law.
Key Benchmark
July 1, 2024: A Local Government shall not limit the number of people who may live together in a single dwelling based on familial relationship per C.R.S. § 29-20-111(3).
Strategic Growth Compliant Determination
- DOLA presumes Local Governments are not limiting the number of people who may live together in a single dwelling based on familial relationship in accordance with the law.
- DOLA may designate a Local Government as Strategic Growth Compliant if it has an ordinance that limits the number of people who may live together so long as the Local Government is not enforcing the ordinance.
- A Local Government responds to a request for information from DOLA in a timely manner with information demonstrating that the Local Government is complying with the law in the event that: there is uncertainty about whether a Local Government is complying with the law or a Local Government was previously designated as Strategic Growth Non-Compliant.
Strategic Growth Non-Compliant Determination
- A Local Government adopts a resolution or ordinance establishing a policy not to conform with the law.
- A Local Government fails to respond to a request for information from DOLA in a timely manner in the event there is uncertainty about whether a Local Government is complying with the law.
HB24-1304, Minimum Parking Requirements
Per the law and posted guidelines:
Subject Local Governments shall neither enact nor enforce local laws that establish a minimum parking requirement that applies to a land use approval for a multifamily residential development, adaptive re-use for residential purposes, or adaptive re-use mixed-use purposes which include at least fifty percent of use for residential purposes that is within the municipality, a metropolitan planning organization, and at least partially within an applicable transit service area.
Key Benchmark
June 30, 2025: A Subject Local Government shall not enact or enforce minimum parking requirements per C.R.S. § 29-35-303(1) or (2).
Strategic Growth Compliant Determination
- DOLA presumes Subject Local Governments are not enacting or enforcing minimum parking requirements in accordance with the law.
- DOLA may designate a Local Government as Strategic Growth Compliant if it has a preexisting ordinance that establishes a minimum parking requirement contrary to the directive of the law so long as the Local Government is not enforcing the ordinance.
- DOLA may designate a Local Government as Strategic Growth Compliant if it imposes or enforces certain minimum parking requirements per C.R.S. § 29-35-304 so long as the Local Government is meeting the requirements of the law.
- A Local Government responds to a request for information from DOLA in a timely manner with information demonstrating that the Local Government is complying with the law in the event that: there is uncertainty about whether a Local Government is complying with the law or a Local Government was previously designated as Strategic Growth Non-Compliant.
Strategic Growth Non-Compliant Determination
- A Subject Local Government adopts a resolution or ordinance establishing a policy not to conform with the law.
- A Subject Local Government imposes or enforces certain minimum parking requirements per C.R.S. § 29-35-304 and does not file an annual report to DOLA as required by the law.
- A Local Government fails to respond to a request for information from DOLA in a timely manner in the event there is uncertainty about whether a Local Government is complying with the law.
HB24-1152, Accessory Dwelling Units
Per the law and posted guidelines:
Subject Local Governments shall allow, subject to an administrative approval process, one accessory dwelling unit as an accessory use to a single-unit detached dwelling in any part of the Subject Local Government where the jurisdiction allows single-unit detached dwellings. Subject Local Governments shall not, aside from certain exceptions per C.R.S. § 29-35-403, require the construction of a new off-street parking space in connection with the construction or conversion of an accessory dwelling unit; require an accessory dwelling unit, or any other dwelling on the same lot as an accessory dwelling unit, to be owner-occupied; or apply a restrictive design or dimension standard to an accessory dwelling unit.
Key Benchmark
June 30, 2025: A Subject Local Government shall submit a compliance report through the LUHIP, per C.R.S. § 29-35-404.
Strategic Growth Compliant Determination
- A Subject Local Government submits a compliance report by June 30, 2025 that demonstrates it has satisfied each requirement of C.R.S. § 29-35-403.
- A Subject Local Government that DOLA previously designated as Strategic Growth Compliance-in-Progress or Strategic Growth Non-Compliant submits a compliance report that satisfies each requirement of C.R.S. § 29-35-403.
Strategic Growth Compliance-in-Progress Determination
- A Subject Local Government makes a good faith effort to comply and submits a compliance report within a reasonable amount of time after June 30, 2025.
- A Subject Local Government submits an extension request in accordance with C.R.S.§ 29-35-404(1)(b)(II), and DOLA grants the extension request.
- A Subject Local Government submits a compliance report by June 30, 2025, but the report does not demonstrate it has met each requirement of C.R.S. § 29-35-403. So long as the Subject Local Government continues to engage with DOLA and makes progress toward meeting each requirement of the law within a reasonable period of time, DOLA may designate the Subject Local Government as Strategic Growth Compliance-in-Progress.
Strategic Growth Non-Compliant Determination
- A Subject Local Government adopts a resolution or ordinance establishing a policy not to conform with the law.
- A Subject Local Government does not submit a compliance report by June 30, 2025 and does not make a good faith effort to comply with the law.
- A Subject Local Government submits a compliance report that does not demonstrate it has met each requirement of C.R.S. § 29-35-403 and does not respond to DOLA requesting information or make progress toward meeting each requirement of the law within a reasonable period of time.
HB24-1313, Housing in Transit-Oriented Communities
Per the law and posted guidelines:
Subject Local Governments (“Transit-Oriented Communities”) must analyze areas near high-frequency transit to identify a Housing Opportunity Goal (HOG) based on a formula in the law, then locally designate Transit Centers (i.e., areas that allow denser residential uses) and ensure that their local land use laws within those areas cumulatively allow sufficient Zoning Capacity to meet the Housing Opportunity Goal.
Key Benchmark 1: Preliminary Transit-Oriented Community Assessment Report
June 30, 2025: A Subject Local Government shall submit a Preliminary Transit-Oriented Community Assessment Report through the LUHIP, per C.R.S. § 29-35-204(3)(a).
Strategic Growth Compliant Determination
- A Subject Local Government submits a Preliminary Transit-Oriented Community Assessment Report by June 30, 2025 that demonstrates it has satisfied each requirement of C.R.S. § 29-35-204(3)(a).
- A Subject Local Government that DOLA previously designated as Strategic Growth Compliance-in-Progress or Strategic Growth Non-Compliant submits a Preliminary Transit-Oriented Community Assessment Report that satisfies each requirement of C.R.S. § 29-35-204(3)(a).
Strategic Growth Compliance-in-Progress Determination
- A Subject Local Government makes a good faith effort to comply and submits a Preliminary Transit-Oriented Community Assessment Report within a reasonable amount of time after June 30, 2025.
- A Subject Local Government submits a Preliminary Transit-Oriented Community Assessment Report by June 30, 2025, but the report does not demonstrate it has met each requirement of C.R.S. § 29-35-204(3)(a). So long as the Subject Local Government continues to engage with DOLA and makes progress toward meeting each requirement of the law within a reasonable period of time, DOLA may designate the Subject Local Government as Strategic Growth Compliance-in-Progress.
Strategic Growth Non-Compliant Determination
- A Subject Local Government adopts a resolution or ordinance establishing a policy not to conform with the law.
- A Subject Local Government does not submit a Preliminary Transit-Oriented Community Assessment Report by June 30, 2025 and does not make a good faith effort to comply with the law.
- A Subject Local Government submits a Preliminary Transit-Oriented Community Assessment Report that does not demonstrate it has met each requirement of C.R.S. § 29-35-204(3)(a) and does not respond to DOLA requesting information or make progress toward meeting the requirements of C.R.S. § 29-35-204(3)(a) within a reasonable period of time.
Key Benchmark 2: Housing Opportunity Goal Report
December 31, 2026: A Subject Local Government shall submit a Housing Opportunity Goal Report through the LUHIP, per C.R.S. § 29-35-204 (8)(a). If a Subject Local Government cannot include any of the items specified in C.R.S. § 29-35-204 (8)(a)(I)-(VII) in its Housing Opportunity Goal Report on or before December 31, 2026, the Subject Local Government shall indicate why it cannot do so and its progress towards being able to include those items in its Housing Opportunity Goal Report.
Until the statutory deadline, all Subject Local Governments are designated as “N/A Deadline Not Passed” and considered neither compliant, compliance-in-progress, or non-compliant.
Strategic Growth Compliant Determination
- A Subject Local Government submits a Housing Opportunity Goal Report by December 31, 2026 that demonstrates it has satisfied each requirement of C.R.S. § 29-35-204 (8)(a).
- DOLA may designate a Subject Local Government as Strategic Growth Compliant if it submits information indicating why it cannot include any of the items specified in C.R.S. § 29-35-204 (8)(a)(I)-(VII) in its Housing Opportunity Goal Report and includes information on its progress towards being able to include those items in its Housing Opportunity Goal Report.
- A Subject Local Government that DOLA previously designated as Strategic Growth Compliance-in-Progress or Strategic Growth Non-Compliant submits a Housing Opportunity Goal Report that satisfies each requirement of C.R.S. § 29-35-204 (8)(a).
Strategic Growth Compliance-in-Progress Determination
- A Subject Local Government makes a good faith effort to comply and submits a Housing Opportunity Goal Report within a reasonable amount of time after December 31, 2026.
- A Subject Local Government submits a Housing Opportunity Goal Report by December 31, 2026, but the report does not demonstrate it has met each requirement of C.R.S. § 29-35-204 (8)(a). So long as the Subject Local Government continues to engage with DOLA and makes progress toward meeting each requirement of the law within a reasonable period of time, DOLA may designate the Subject Local Government as Strategic Growth Compliance-in-Progress.
Strategic Growth Non-Compliant Determination
- A Subject Local Government adopts a resolution or ordinance establishing a policy not to conform with the law.
- A Subject Local Government does not submit a Housing Opportunity Goal Report by December 31, 2026 and does not make a good faith effort to comply with the law.
- A Subject Local Government submits a Housing Opportunity Goal Report that does not demonstrate it has met each requirement of C.R.S. § 29-35-204 (8)(a) and does not respond to DOLA requesting information or make progress toward meeting the requirements of C.R.S. § 29-35-204 (8)(a) within 90 days per C.R.S. § 29-35-204 (8)(b)(II).
Key Benchmark 3: Housing Opportunity Goal Compliance
December 31, 2027: Per C.R.S. § 29-35-204 (4), a Subject Local Government shall designate areas within the transit-oriented community as transit centers and ensure that those areas satisfy the requirements in C.R.S. § 29-35-205, and ensure that the total zoning capacity for all transit centers within the transit-oriented community is greater than or equal to the transit-oriented community’s housing opportunity goal. A Subject Local Government must submit information through the LUHIP to validate it has met these requirements as well as have an approved Housing Opportunity Goal Report.
Until the statutory deadline, all Subject Local Governments are marked as “N/A Deadline Not Passed” and considered neither compliant, compliance-in-progress, or non-compliant.
Strategic Growth Compliant Determination
- A Subject Local Government submits information by December 31, 2027 that demonstrates it has satisfied each requirement of C.R.S. § 29-35-204 (4).
- A Subject Local Government that DOLA previously designated as Strategic Growth Compliance-in-Progress or Strategic Growth Non-Compliant submits information that satisfies each requirement of C.R.S. § 29-35-204 (4).
Strategic Growth Compliance-in-Progress Determination
- A Subject Local Government makes a good faith effort to comply and submits information within a reasonable amount of time after December 31, 2027.
- A Subject Local Government submits information by December 31, 2027, but the information does not demonstrate it has met each requirement of C.R.S. § 29-35-204 (4). So long as the Subject Local Government continues to engage with DOLA and makes progress toward meeting each requirement of the law within a reasonable period of time, DOLA may designate the Subject Local Government as Strategic Growth Compliance-in-Progress.
Strategic Growth Non-Compliant Determination
- A Subject Local Government adopts a resolution or ordinance establishing a policy not to conform with the law.
- A Subject Local Government does not designate transit centers meeting requirements in C.R.S. § 29-35-205 or establish zoning capacity greater than or equal to its HOG per C.R.S. § 29-35-204 (4).
SB24-174, Sustainable Affordable Housing
Per the law and posted guidelines:
Subject Local Governments must complete a Housing Needs Assessment (HNA) and Housing Action Plan (HAP), as well as submit progress reports and complete updates. Subject Local Governments with a comprehensive plan or that are required to create a comprehensive plan must include certain elements (e.g., water supply and strategic growth) as well as consider certain state reports and housing needs assessment(s). There is a funding program for these activities and DOLA maintains guidance and resources for all of the law’s components.
C.R.S. § 24-32-3710 directs certain state agencies to establish prioritization criteria by December 1, 2027 for grant programs administered by these agencies for the primary purpose of supporting land use planning or housing. The Executive Order does not alter that requirement. Compliance-based grant prioritization criteria established by the Executive Order will be considered in tandem to—and will not conflict with—existing statutes.
Until the statutory deadline, all Subject Local Governments are designated as “N/A Deadline Not Passed” and considered neither compliant, compliance-in-progress, or non-compliant.
Key Benchmark 1 - Housing Needs Assessments (HNAs)
December 31, 2026: A Subject Local Government shall submit a local or regional Housing Needs Assessment (HNA) through the LUHIP per C.R.S. § 24-32-3703 or 24-32-3704. Compliance is based on review, within 90 days of submission, and acceptance of the HNA when deemed compliant through the review.
Until the statutory deadline, all Subject Local Governments are marked as “N/A Deadline Not Passed” and considered neither compliant, compliance-in-progress, or non-compliant.
Strategic Growth Compliant Determination
- A Subject Local Government submits a local HNA by December 31, 2026 that satisfies the requirements of C.R.S. § 24-32-3703.
- A regional entity submits a regional HNA by December 31, 2026 that includes a Subject Local Government that satisfies the requirements of C.R.S. § 24-32-3704.
- A Subject Local Government that DOLA previously designated as Strategic Growth Compliance-in-Progress or Strategic Growth Non-Compliant submits a local HNA that satisfies the requirements of C.R.S. § 24-32-3703 or is included in a regional HNA submitted by a regional entity that satisfies the requirements of C.R.S. § 24-32-3704.
Strategic Growth Compliance-in-Progress Determination
- A Subject Local Government makes a good faith effort to comply and submits a local HNA or is included in a regional HNA submitted by a regional entity within a reasonable amount of time after December 31, 2026.
- A Subject Local Government submits a local HNA or is included in a regional HNA submitted by a regional entity that DOLA does not accept and the Subject Local Government continues to engage with DOLA and makes progress toward meeting each requirement of the law within a reasonable period of time.
Strategic Growth Non-Compliant Determination
- A Subject Local Government adopts a resolution or ordinance establishing a policy not to conform with the law.
- A Subject Local Government does not submit a local HNA or is not included in a regional HNA submitted by a regional entity by December 31, 2026 and does not make a good faith effort to comply with the law.
- A Subject Local Government submits a local HNA or is included in a regional HNA submitted by a regional entity that DOLA does not accept and the Subject Local Government does not respond to DOLA requesting information or make progress toward meeting the requirements of the law within a reasonable period of time.
Key Benchmark 2 - Local Housing Action Plans (LHAPs)
January 1, 2028: A Subject Local Government shall submit a Local Housing Action Plan (LHAP) through the LUHIP per C.R.S. § 24-32-3705. Compliance is based on review, within 90 days of submission, and acceptance of the LHAP when deemed compliant through the review.
Until the statutory deadline, all Subject Local Governments are marked as “N/A Deadline Not Passed” and considered neither compliant, compliance-in-progress, or non-compliant.
Strategic Growth Compliant Determination
- A Subject Local Government submits a LHAP by January 1, 2028 that satisfies the requirements of C.R.S. § 24-32-3705.
- A Subject Local Government that DOLA previously designated as Strategic Growth Compliance-in-Progress or Strategic Growth Non-Compliant submits a LHAP that satisfies the requirements of C.R.S. § 24-32-3705.
Strategic Growth Compliance-in-Progress Determination
- A Subject Local Government makes a good faith effort to comply and submits a LHAP within a reasonable amount of time after January 1, 2028.
- A Subject Local Government submits a LHAP that DOLA does not accept and the Subject Local Government continues to engage with DOLA and makes progress toward meeting each requirement of the law within a reasonable period of time.
Strategic Growth Non-Compliant Determination
- A Subject Local Government adopts a resolution or ordinance establishing a policy not to conform with the law.
- A Subject Local Government does not submit a LHAP by January 1, 2028 and does not make a good faith effort to comply with the law.
- A Subject Local Government submits a LHAP that DOLA does not accept and the Subject Local Government does not respond to DOLA requesting information or make progress toward meeting the requirements of the law within a reasonable period of time.
Key Benchmark 3 - Comprehensive Plan Elements
December 31, 2026: A Subject Local Government must submit a comprehensive plan through the LUHIP that includes a strategic growth element and a water supply element as described in C.R.S. § 30-28-106 or C.R.S. § 31-23-206.
Until the statutory deadline, all Subject Local Governments are marked as “N/A Deadline Not Passed” and considered neither compliant, compliance-in-progress, or non-compliant.
Strategic Growth Compliant Determination
- A Subject Local Government submits a comprehensive plan by December 31, 2026 that satisfies the strategic growth element and water supply element requirement of C.R.S. § 30-28-106 or 31-23-206.
- A Subject Local Government that DOLA previously designated as Strategic Growth Compliance-in-Progress or Strategic Growth Non-Compliant submits a comprehensive plan that satisfies the strategic growth element and water supply element requirement of C.R.S. § 30-28-106 or 31-23-206.
Strategic Growth Compliance-in-Progress Determination
- A Subject Local Government makes a good faith effort to comply and submits a comprehensive plan within a reasonable amount of time after December 31, 2026.
Strategic Growth Non-Compliant Determination
- A Subject Local Government adopts a resolution or ordinance establishing a policy not to conform with the law.
- A Subject Local Government does not submit a comprehensive plan with a strategic growth element and water supply element by December 31, 2026 and does not make a good faith effort to comply with the law.
HB25-1273, Residential Building Stair Modernization
Per the law:
Subject Local Governments with populations of 100,000 or more and served by an accredited fire response agency shall adopt or update relevant building codes by December 1, 2027, to allow up to 5 stories of a multifamily residential building that satisfies certain conditions to be served by a single exit.
Key Benchmark
December 1, 2027: A Subject Local Government shall adopt or amend a building code to incorporate the requirements of C.R.S. § 31-15-605.
Until the statutory deadline, all Subject Local Governments are marked as “N/A Deadline Not Passed” and considered neither compliant, compliance-in-progress, or non-compliant.
Strategic Growth Compliant Determination
- DOLA presumes Subject Local Governments have adopted or amended its building code to incorporate the requirements of C.R.S. § 31-15-605.
- A Local Government responds to a request for information from DOLA in a timely manner with information demonstrating that the Local Government is complying with the law in the event that: there is uncertainty about whether a Local Government is complying with the law or a Local Government was previously designated as Strategic Growth Non-Compliant.
Strategic Growth Non-Compliant Determination
- A Subject Local Government adopts a resolution or ordinance establishing a policy not to conform with the law.
- A Local Government fails to respond to a request for information from DOLA in a timely manner in the event there is uncertainty about whether a Local Government is complying with the law.
SB25-002, Regional Building Codes for Factory-Built Structures
Per the law:
Regional building codes address specific construction plan requirements with respect to locally adopted design criteria for Factory-Built Structures. Local Governments must comply with regional design criteria, but each region’s design criteria will utilize the most stringent requirements in the region.
Building contractors already licensed by a Local Government are exempt from dual registration with DOLA, but must complete factory built education. The State shall continue to authorize Local Governments certified by the Division of Housing (DOH) to perform inspections of factory-built structures.
Key Benchmark 1: Shall Not Impose More Restrictive Standards
May 8, 2025: A Local Government shall not impose more restrictive standards on factory-built structures than site-built per 30-28-115 (3)(b)(I.5) and 31-23-301 (5)(b)(I).
Strategic Growth Compliant Determination
- DOLA presumes all Local Governments are not imposing more restrictive standards on factory-built structures than site-built structures per C.R.S. § 30-28-115 (3)(b)(I.5) and 31-23-301 (5)(b)(I.5).
- A Local Government responds to a request for information from DOLA in a timely manner with information demonstrating that the Local Government is complying with the law in the event there is uncertainty about whether a Local Government is complying with the law or a Local Government was previously designated as Strategic Growth Non-Compliant.
Strategic Growth Non-Compliant Determination
- A Local Government adopts a resolution or ordinance establishing a policy not to conform with the law.
- A Local Government fails to respond to a request for information from DOLA in a timely manner in the event there is uncertainty about whether a Local Government is complying with the law.
Key Benchmark 2: Shall Not Exclude Factory-Built Structures
July 1, 2026: A Local Government shall not impose or enact zoning regulations, subdivision regulations, or any other regulation affecting development that exclude or have the effect of excluding factory-built structures built under the regional codes adopted by the State Housing Board per C.R.S. § 30-28-115 (3)(b)(I)(A) and C.R.S. § 31-23-301(5)(b)(I)(A).
Until the statutory deadline, all Subject Local Governments are marked as “N/A Deadline Not Passed” and considered neither compliant, compliance-in-progress, or non-compliant.
Strategic Growth Compliant Determination
- DOLA presumes all Local Governments are not imposing or enacting zoning regulations, subdivision regulations, or any other regulation affecting development that exclude or have the effect of excluding factory-built structures built under the regional codes adopted by the State Housing Board per C.R.S. § 30-28-115 (3)(b)(I)(A) and 31-23-301(5)(b)(I)(A).
- A Local Government responds to a request for information from DOLA in a timely manner with information demonstrating that the Local Government is complying with the law in the event that: there is uncertainty about whether a Local Government is complying with the law or a Local Government was previously designated as Strategic Growth Non-Compliant.
Strategic Growth Non-Compliant Determination
- A Subject Local Government adopts a resolution or ordinance establishing a policy not to conform with the law.
- A Local Government fails to respond to a request for information from DOLA in a timely manner in the event there is uncertainty about whether a Local Government is complying with the law.