AG-09-1-Acreage Subject To Subdivision Restrictions

WHEREAS Colorado Revised Statutes (CRS 30-28-103) authorize counties to regulate land uses through zoning, to appoint a planning commission, and to prepare and adopt a comprehensive plan for the physical development of their jurisdiction, and

WHEREAS since 1972, counties have been required to adopt subdivision regulations (CRS 30-28-133), specifically excluded from the definition of subdivision within counties is any division of land resulting in parcels of 35 acres or more, and

WHEREAS the local government Land Use Control Enabling Act (CRS 29-20-101) grants counties and municipalities broad authority to plan for and regulate the use of land in nine specific subject areas and responsibilities.   Moreover, CRS 24-65.1-101 allows local governments to identify, designate and regulate 21 “areas and activities of state interest”, and

WHEREAS large tract landowners can use the 35-acre exemption to sell a small piece of their property to raise cash for their ranch or farm’s operational needs eliminating the likelihood of going out of business and selling the entire ranch or farm for development, and

WHEREAS the 35-acre property right has become the equity basis for ranch and farm land valuation in the state and allows the landowner to borrow against that value in order to sustain their family ranch or farm, and

WHEREAS the 35-acre property right is integral in allowing conservation easements to be implemented, based on removal and compensation for the development value of the land, on more than 1.5 million acres of land in Colorado;

NOW, THEREFORE, BE IT RESOLVED that CLUB 20 opposes any effort to increase, beyond 35-acres, the acreage threshold that is granted under Colorado law for exemption to subdivision regulations until there has been thorough discussion about the issue among landowners, county governments and other interested groups, and such discussion, with CLUB 20 participation, considers tax consequences, land valuation and provision of government services..

 

Adopted 9/11/2009 

Renewed 9/5/2014