The 1041 Page Has Moved
This page summarizes the history of the City's 1041 program implementation.
The active page, where you can find current information and application resources, is located at https://fcgov.com/developmentreview/1041-regulations
Where We've Been#
Discussion and the potential creation of 1041 Regulations in Fort Collins was a priority of City Council for its 2021-23 term. City staff began working on regulations in 2021, and regularly reported to Council for the remainder of the year.
In September 2021, Council moved forward with an option created by City staff that would create 1041 Regulations for two types of construction activities in Fort Collins (see below). In the meantime, there would be a moratorium on those activities while regulations are developed.
In October 2021, City Council adopted at second reading a designation ordinance and moratorium for the following two activities:
- Site selection and construction of water supply and treatment systems and major extension of existing domestic water and treatment systems.
- Site selection of arterial highways and interchanges and collector highways.
Since then, City staff worked on the development of these regulations, including accepting public feedback throughout the process. Version 1 of the draft regulations was completed in June 2022, and after additional public feedback and Council input, Version 2 was completed and released in November 2022. In May 2023, City Council approved regulations governing 1041 powers, amending the Land Use Code to include guidelines and regulations for the administration of designated areas and activities of state interest.
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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”).
Frequently Asked Questions#
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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.
Municipality1041 Regulations
Activities/AreasY N Arvada X Aurora X Boulder X Broomfield n/a n/a Did not respond Castle Rock n/a n/a Did not respond Centennial X Location of Airports Colorado Springs X Commerce City X Site Selection & Construction of Highways, Arterial Highways and Collector Highways;
Site Selection and Construction of Major New Domestic Water and Sewage Treatment Systems and/or Major Extension of Existing Domestic Water and Sewage Treatment Systems;
Site Selection and Construction of Major Facilities of a Public Utility;
Efficient Utilization of Municipal and Industrial Water Projects
Denver X Grand Junction X Greeley X Highlands Ranch X Lakewood X Longmont X Loveland X Parker X Pueblo X Efficient Utilization of Municipal and Industrial Water Projects;
Site Selection and Construction of Major New Domestic Water and Sewage Treatment Systems and/or Major Extension of Existing Domestic Water and Sewage Treatment Systems;
Site Selection and Construction of Major Facilities of a Public Utility
Thorton X Westminster X Municipality 1041 Regulations Activities/Areas Y N Canon City X Durango X Frederick X Fruita X Golden X Site Selection of Arterial Highways and Interchanges Lafayette X Louisville X Areas Around Key Facilities (Arterial Highway Interchanges);
Geologic Hazard Areas;
Site Selection of Arterial Highways and Interchanges;
Site Selection of Collector Highways
Steamboat Springs X Superior X Site Selection and Construction of Highways, Arterial Highways and Collector Highways
Mineral Resource Areas
Windsor X
1041 Process Milestones#
June 2022 - Version 1 Draft Regulations released
November 2022 - Version 2 Draft regulations released
November 2022 - Council extends moratorium (Nov. 15)
February 2023 - Council delayed first reading to May 2
May 2023 - Council approves 1041 Regulations on First Reading (May 2)
May 2023 - Council approves 1041 Regulations on Second Reading (May 16)
Past Versions of 1041 Regulations#
The proposed regulations have evolved over the duration of this process with public input. Below are past versions of the regulations.
Version 2 - November 2022 (Without Geographic Limitations)
| 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. |