What is Ordinance 1775 Regarding 1041 Regulations???

by Dustin McIntyre

The City of Commerce City is a Home Rule City...So what does that mean?

It means that Commerce City has the ability within limits to create its own rules and regulations by means of resolutions and ordinances.

So what is Ordinance 1775 regarding 1041 regulations???

Ordinance 1775 implements a permitting process for any development or expansion of public utilities or arterial and collector highways. Any person, including any developer, state agency or private corporation, desiring to construct or expand any public utility or arterial or collector highway would be required to obtain a permit from the City before proceeding with such development. To obtain a permit, the ordinance requires the person to provide the City with sufficient information (as set forth in the ordinance) to allow the City Council to determine whether a permit should be issued. Council’s determination, after a public hearing, would be based on the criteria set forth in the ordinance including the project’s impact on natural resources and historic values, whether the project creates excessive noise, water pollution or air pollution, degrades or threatens the existing environmental quality of the City and whether the project promotes efficient and economical use of public resources and protects the public health, safety and welfare of the City’s residents.

Why such an Ordinance???

In my opinion, the time is right. Commerce City is planning what the city is going to become, what shape it will take. This is not for any specific developer or a plan to not welcome new business to the city. It is rather, a means of making sure Commerce City stays on the right track and has no issues that could cause potential harm. It is not a 100% guarantee, but is is a line of defense that is allowed and any smart jurisdiction should have in place.

What is a 1041 Regulation?

In 1974, the Colorado General Assembly enacted, through House Bill 1041, a set of measures known as the Areas and Activities of State Interest., now codified in C.R.S. § 24-65.1-101 et seq. The purpose was to clarify the authority of state and local governments in making planning decisions regarding matters of “statewide interest” and to further the state’s interest in regulating the quality of development. These regulations established criteria to be used by local governments in identifying development projects that may impact the state beyond the immediate scope of the project. A local government may designate certain areas of state interest including mineral resource areas, natural hazard areas, areas containing historical, natural or archaeological resources of statewide importance and areas around key facilities such as airports, major public utility facilities and mass transit terminals. Activities of state interest generally include the site selection of key facilities, infrastructure development and new community development. Local governments are not required to declare any particular activity or area to be of state interest, but such a declaration must be made in order to exercise power under C.R.S. § 24-65.1-101 et seq.