City Attorney’s Office
Reference: Supporting Home Rule Authority Over Zoning and Land Use Planning
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Alicia Calderón, City Attorney
Date Prepared: July 22, 2025
PURPOSE
To approve a resolution affirming the City’s support of home rule authority over zoning and land use planning.
BACKGROUND
In 2024, the Colorado General Assembly passed, and the Governor signed into law, HB24-1304 Minimum Parking Requirements and HB24-1313 Housing in Transit-Oriented Communities (collectively, the “Land Use Laws”). Subsequently, in 2025, Governor Polis signed Executive Order D 2025 005 (the “Executive Order”). The Executive Order directed the Department of Local Affairs to de-prioritize municipalities which failed to comply with the Land Use Laws for competitive and discretionary grants, incentive programs, contracts, loans, and tax credits.
The Land Use Laws do not apply to the City of Brighton. However, six municipalities to which the Land Use Laws do apply filed a lawsuit against the State of Colorado, Governor Polis, the Department of Local Affairs, and the Executive Director of the Department of Local Affairs (collectively, the “Defendants”), seeking to enjoin enforcement of the Land Use Lands and the Executive Order, as well as a declaration that the Law Use Laws and Executive Order are unconstitutional. The six plaintiff municipalities are Arvada, Aurora, Glendale, Greenwood Village, Lafayette, and Westminster (the “Plaintiff Municipalities”). The crux of the lawsuit is that Land Use Laws are unconstitutional and preempted by the Plaintiff Municipalities’ home rule authority to control zoning and land use pursuant to Article XX § 6 of the Colorado Constitution. Defendants have not yet answered the lawsuit; an answer is expected to be filed at the end of July.
OPTIONS FOR COUNCIL CONSIDERATION
• Approve the Resolution
• Deny the Resolution
ATTACHMENTS
• Resolution
• Plaintiff Municipalities’ Complaint
• Executive Order