Colorado Governor Wants to Preempt Local Zoning Control

Colorado could be the latest state, following Oregon and California, to legislate statewide preemption of local zoning codes to allow for more housing development.

2 minute read

March 27, 2023, 8:00 AM PDT

By James Brasuell @CasualBrasuell


The Polis administration in Colorado has released a “More Housing Now” proposal to preempt local zoning codes and allow more density in residential neighborhoods.

The expected bill will be sponsored by Sen. Dominick Moreno, D-Commerce City, Rep. Iman Jodeh, D-Aurora, and Rep. Steven Woodrow, D-Denver, with the support of environmental groups, affordable housing advocates, labor leaders, business interests, and some local government officials, according to an article by Andrew Kenney and Nathaniel Minor that broke the news.

Oregon was the first to use state preemption to overrule local control of zoning reform, in 2019. California joined the club in 2021. If Colorado approves the “More Housing Now” law, it would implement a tiered system of state-mandated residential zoning for the state’s communities.

“So-called ‘Tier 1’ cities would see the biggest impact from the Polis proposal. They include the state’s largest, such as Denver, Colorado Springs, Aurora, Fort Collins, Lakewood, Greeley, Boulder, Grand Junction, Pueblo and Arvada, plus smaller cities within large metro areas, like Castle Rock, Edgewater, Louisville, Windsor and Fountain,” according to Kenney and Minor. “Those communities would have to allow the construction of ‘middle housing,’ defined as townhomes and multiplexes with up to six units, as well as accessory dwelling units, on lots in all residential neighborhoods. (New single-family homes would still be allowed, too.)”

As for the cities not fitting into the Tier 1 bucket, “smaller ‘Tier 2’ cities and high country resort areas would have to create housing plans to detail how they plan to address housing shortfalls and keep current residents from being priced out, with goals identified by the state,” according to the article.

Additional coverage of the More Housing Now policy is available from a paywalled article published by Denver Post.

Read the article by Kenney and Minor, below, for more details about how the More Homes Now policy would remake growth management and long-term planning in the state of Colorado.

Wednesday, March 22, 2023 in CPR News

Portland Bus Lane

‘Forward Together’ Bus System Redesign Rolling Out in Portland

Portland is redesigning its bus system to respond to the changing patterns of the post-pandemic world—with twin goals of increasing ridership and improving equity.

August 30, 2023 - Mass Transit

An aerial view of Milwaukee’s Third Ward.

Plan to Potentially Remove Downtown Milwaukee’s Interstate Faces Public Scrutiny

The public is weighing in on a suite of options for repairing, replacing, or removing Interstate 794 in downtown Milwaukee.

August 27, 2023 - Milwaukee Journal Sentinel

Conceptual rendering of Rikers Island redevelopment as renewable energy facility

Can New York City Go Green Without Renewable Rikers?

New York City’s bold proposal to close the jail on Rikers Island and replace it with green infrastructure is in jeopardy. Will this compromise the city’s ambitious climate goals?

August 24, 2023 - Mark McNulty

A rendering of the Utah City master planned, mixed-use development.

700-Acre Master-Planned Community Planned in Utah

A massive development plan is taking shape for lakefront property in Vineyard, Utah—on the site of a former U.S. Steel Geneva Works facility.

August 31 - Daily Herald

A line of cars wait at the drive-thru window of a starbucks.

More Cities Ponder the End of Drive-Thrus

Drive-thru fast food restaurants might be a staple of American life, but several U.S. cities are actively considering prohibiting the development of new drive-thrus for the benefit of traffic safety, air quality, and congestion.

August 31 - The Denver Post

Air pollution is visible in the air around high-rise buildings in Dhaka, Bangladesh.

Air Pollution World’s Worst Public Health Threat, Report Says

Air pollution is more likely to take years life off the lifespan of the average human than any other external factor, according to a recent report out of the University of Chicago.

August 31 - Phys.org