1041 powers ensure that local governments have a voice in the review of certain types of development projects in their jurisdiction, even if those projects have statewide impacts. 

Learn More About 1041 Regulations

The goal of the 1041 regulations is to 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 74-1041). The bill essentially allows local government to regulate areas or activities of state interest through a local permitting process. The statutes regarding 1041 powers are also referred to as the Areas and Activities of State Interest Act (“AASIA”).

The City of Fort Collins has developed 1041 regulations for specific areas and activities of state interest, that are contextually appropriate to Fort Collins. These include:

1. Site selection and construction of major new Domestic Water and Sewage Treatment Systems and major extensions of existing systems
2. Site selection of Arterial Highways and Interchanges and Collector Highways

Note that project thresholds and exemptions that may apply. There are no variances for Article 6 projects.

Please refer to Land Use Code Section 6.26.3.1, Designated Areas and Activities of State Interest, starting on page 88. 

Prior to approving the City's 1041 regulations in 2023, staff reached out to other Colorado municipalities to determine if they had adopted 1041 regulations, and if so, what activities or areas were included. The tables below are a snapshot of this information.