1041 Regulations Finalized
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. The approved ordinance is linked below.
What are 1041 Regulations?#
The purpose of 1041 powers is to give local governments a seat at the table during the review of particular development projects occurring within their jurisdiction, even when the project has statewide impacts. The term “1041” refers to the number of the bill, House Bill 74-1041, that created the 1041 powers in 1974 and 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 regulations for specific areas and activities of state interest, that are contextually appropriate to Fort Collins:
- Site selection and construction of major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems, and
- Site selection of arterial highways and interchanges and collector highways
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 1041). The bill essentially allows local government to regulate activities of state interest through a local permitting process.
Links to 1041 Applications and Resources
- Land Use Code
- 1041 Project Screening Tool - COMING SOON
- 1041 FONSI Determination and Submittal Checklist
- 1041 Full Permit Submittal Checklist and Application Guide - COMING SOON
Frequently Asked Questions#
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. |