DRAFT 1041 Regulations Available - May 2023
The fourth and latest version of the draft regulations is below.
What are 1041 Regulations?#
The purpose of 1041 powers is to give local governments a seat at the table during the review of particular development projects occurring within their jurisdiction, even when the project has statewide impacts. The term “1041” refers to the number of the bill, House Bill 74-1041, that created the 1041 powers in 1974 and the statutes regarding 1041 powers are also referred to as the Areas and Activities of State Interest Act (“AASIA”).
The City of Fort Collins is developing regulations for water and highway projects that are contextually appropriate to Fort Collins, provide predictability for developers and decision makers, and adequate guidance for review by City staff. The intent is to match or exceed state requirements to ensure the protection of public health, safety, welfare, the environment and wildlife resources.
The City is authorized to create these rules under the authority given by the State of Colorado through a 1974 law commonly known as "1041" (for House Bill 1041). The bill essentially allows local government to regulate activities of state interest through a local permitting process.
Where We've Been So Far#
Discussion and the potential creation of 1041 Regulations in Fort Collins was a priority of City Council for its 2021-23 term. City staff began working on regulations in 2021, and regularly reported to Council for the remainder of the year.
In September 2021, Council moved forward with an option created by City staff that would create 1041 Regulations for two types of construction activities in Fort Collins (see below). In the meantime, there would be a moratorium on those activities while regulations are developed.
In October 2021, City Council adopted at second reading a designation ordinance and moratorium for the following two activities:
- Site selection and construction of water supply and treatment systems and major extension of existing domestic water and treatment systems.
- Site selection of arterial highways and interchanges and collector highways.
Since then, City staff have continued to work on the development of these regulations, including accepting public feedback throughout the process. Version 1 of the draft regulations was completed in June 2022, and after additional public feedback and Council input, Version 2 was completed and released in November 2022.
City Council is expected to extend the moratorium until early 2023, at which point the final 1041 Regulations are expected to be adopted.
Current/Upcoming Milestones#
June 2022 - Version 1 Draft Regulations released
November 2022 - Version 2 Draft regulations released
November 2022 - Council extends moratorium (Nov. 15)
February 2023 - Council delayed first reading to May 2
May 2023 - Council approves 1041 Regulations on First Reading (May 2)
May 2023 - Council will hear 1041 Regulations on Second Reading (May 16)
Frequently Asked Questions#
Past Versions of 1041 Regulations#
The proposed regulations have evolved over the duration of this process with public input. Below are past versions of the regulations.
Version 4 (Most Current) - May 2023
Version 2 - November 2022 (Without Geographic Limitations)
| Document | Description |
|---|---|
| Ordinance NO. 122, 2021 | Designating certain matters as matters of state interest and imposing a moratorium on the conduct of such activities until city council makes a final determination regarding the adoption of guidelines for the administration. |
| Resolution 2021-055 | Directing the city manager to investigate and evaluate the regulation of areas and activities of state interest pursuant to powers established in state law commonly referred to as 1041 Powers. |
| Agenda Item 15 Summary - October 19, 2021 | Agenda Item Summary related to the establishment of 1041 Regulations. |
| Agenda Item 22 Summary - September 21, 2021 | Agenda Item Summary for items related to the establishment of 1041 Regulations |
| Agenda Item 2 Summary - July 27, 2021 | Discuss approaches to regulating area and activities of state interest pursuant to powers established in state law commonly referred to as 1041 Powers. |
| Agenda Item 19 Summary - May 4, 2021 | Resolution 2021-055 directing the city manager to investigate and evaluate the regulation of areas and activities of state interest pursuant to powers established by state law commonly referred to as 1041 Powers. |