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Comprehensive Planning

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.

Learn more about 1041

How can I be involved?#

The City is currently developing a public engagement plan that will be rolled out over the course of 2022. The project team is planning online questionnaires, focus groups, and public meetings. To get involved, visit the OurCity 1041 Regulations page linked below.

OurCity 1041 Regulations

Frequently Asked Questions#

What are communities regulating through 1041 Powers?highlight_off

Anticipated Project Timeline (Revised April 2022)#

1041 Regulations Timeline

Project History#

May 2021

City Council requested that staff present information about 1041 regulations and adopted a resolution directing staff to evaluate the feasibility and resources needed to develop 1041 regulations.

July 2021

Staff presented two options to City Council for developing 1041 regulations.

  • Option 1: focused on immediate development pressure (likely to occur within 10 years) and included two activities of state interest;
  • Option 2 focused on immediate and potential future development pressure (likely to occur within 10-20+ years) and included five activities of state interest

Councilmembers were split between Option 1 and Option 2 and requested staff return during a regular meeting to present a third option.  

September 2021

Staff presented a third option along with an ordinance that initially designates the activities listed in Option 1 through a formal public hearing process. The designation ordinance includes language related to a moratorium on specific projects until regulations are adopted. Councilmembers selected Option 1 and adopted the ordinance with the condition that staff:

  1. Clarify parameters of exemptions to the moratorium.
  2. Perform additional engagement to understand which specific projects would be impacted by the moratorium.
  3. Further develop the procedural requirements for a process that exempts projects from the moratorium
October 2021

City Council adopted at second reading the designation ordinance and moratorium for the following activities:

  1. Site selection and construction of water supply and treatment systems and major extension of existing domestic water and treatment systems.
  2. Site selection of arterial highways and interchanges and collector highways
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.