Chapter 6 - § 6.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 6.1 • INTRODUCTION

Colorado's cities and counties have the power to change their zoning ordinances, subdivision regulations, and other land use regulations from time to time. In addition, cities and counties have the authority to rezone property. Finally, cities and counties have some power to revoke development permits issued in error. Exercise of this authority can have the effect of limiting or precluding previously approved development. Sometimes questions arise as to whether landowners who have begun development in reliance on the old rules or permits should be allowed to complete their developments or should be required to conform to the new rules.

There are two competing public policy interests. One is the local government's interest in revising land use regulations to reflect changing goals and demands, often in response to updated comprehensive plans. The other is the interest of landowners and developers in knowing with reasonable certainty the uses permitted for their properties and the regulatory restrictions on those uses. Under some circumstances, Colorado law holds that the landowner's rights to complete development under the old rules have "vested," such that the government is prevented from enforcing the new rules or allowed to enforce the new rules...