Local Growth Limit Policies
Overview
The following guidance is preliminary and may be supplemented with additional detail at a later date. It is provided for informational purposes only and does not constitute legal advice.
In 2023, the Colorado General Assembly passed HB23-1255, which defined an "anti-growth law" to mean a land use law that explicitly limits either the growth of the population or the number of building permit applications for residential development in a given year, and then prohibited Colorado local governments from enacting any such law. HB25-1093 expands the definition of anti-growth law for Colorado local governments located in census urban areas as defined by the United States Census Bureau. In those communities, an anti-growth law now also includes any law that explicitly decreases the permitted residential density or uses of land to less density or fewer uses than were allowed under its previous usage without ensuring a corresponding increase of residential density or uses elsewhere in the jurisdiction, with certain exceptions.
Both the 2023 and 2025 laws apply to legislative actions by the local governments and to citizen-initiated measures. HB25-1093 clarifies the rights of Colorado local governments, citizens, and property owners if a citizen-initiated measure concerning land use is submitted to a municipality. Before the measure is referred to the ballot, the municipality may seek a judicial determination of the legality of the measure that proposes to restrict or limit the development or use of land. The owners of property subject to citizen initiative and persons bringing the initiative are entitled to intervene in the proceeding. The usual deadlines for a jurisdiction to adopt the measure or schedule a public vote are put on hold.
Legislation (HB25-1093) implementation work is ongoing. Please check back regularly for updates.
HB 25-1093 is applicable to all city, town, and county governments in Colorado, including each home rule or statutory city or town, home rule or statutory county, territorial charter municipality, and consolidated city and county, regardless of population or location in the state. It takes effect on August 5, 2025.
Municipalities in census urban areas are not required to do anything unless they consider a land use law that would reduce the number of residential land uses or the residential density in any part of the municipality, or in the municipality as a whole. If it approves that type of reduction, it also needs to amend another land use law to increase the number of residential land uses or residential density in another area of the municipality, or in the municipality as a whole, to ensure that the two actions, taken together, do not reduce the total number of dwelling units permitted in the municipality.
"Land use law" means any statute, resolution, ordinance, code, rule, regulation, plan, policy, procedure, standard, initiative, guideline, requirement, or law that regulates the use or division of property or any interest in property.
We're Here to Help!
Do you have questions about the new laws and impacts to your jurisdiction? Check out our FAQ page, visit our main State Land Use and Housing Legislation page to learn about all the laws, or get one-on-one support below:
Key Dates
August 5, 2025: This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (May 7th, 2025).