Local governments are not required by the AASIA to designate any particular activity or area to be of state interest. However, local governments must make such a designation prior to wielding power under the AASIA and adopting specific 1041 Regulations. The AASIA is a land use act, which allows local governments to designate certain areas of land or certain activities as “matters of state interest.” § 24-65.1-201 and -203, C.R.S.
Under the AASIA, local governments may designate the following as “areas of state interest”:
- Mineral resource areas;
- Natural hazard areas (including floodplains, wildfire hazard areas and geologic hazard areas);
- Areas containing, or having a significant impact upon, historical, natural or archaeological importance; and
- Areas around certain “key facilities” including airports, rapid or mass transit terminals, interchanges involving arterial highways, and major facilities of a public utility.
Under the AASIA, local governments may designate the following as “activities of state interest”:
- Site selection and construction of major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems;
- Site selection and development of solid waste disposal sites;
- Site selection of airports;
- Site selection of arterial highways and interchanges and collector highways;
- Site selection and construction of major facilities of a public utility;
- Site selection and development of new communities;
- Efficient utilization of municipal and industrial water projects; and
- Conduct of nuclear detonations.
The AASIA provides local governments with the authority to adopt regulations governing a wide range of environmental, developmental and construction-related impacts involving areas and activities of state interest. Once a local government has designated an area or activity as a matter of state interest, it must develop regulations (consistent with statutory criteria) to protect the utility, value and future of the land. § 24-65.1-101(1)(a) and -402, C.R.S.
Promulgating 1041 Regulations is a powerful land use regulatory step for local governments given that the general rule in Colorado is that local regulations are preempted by state regulations in areas of exclusive state-wide concern. The AASIA alters that general rule for those areas and activities of state interest identified in the list above. For such matters of state interest, the legislature has specifically delegated power to counties and municipalities to adopt guidelines and regulations pertaining to the same, and to thereafter administer the regulations.
