Department of Community Development
Reference: Nonfunctional Turf - Land Use & Development Code Articles 8 and 11
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Colton Guarini, Planner I
Date Prepared: September 9, 2025
PURPOSE
Review and consider modifications to the Land Use & Development Code ("LUDC") relating to Nonfunctional Turf, Artificial Turf, and Invasive Plant Species per Senate Bill 24-005 and House Bill 25-1113.
PROCESS
The LUDC outlines the code amendment process, which allows for initiation of amendments by the City Council, Planning Commission, and staff on behalf of these entities.
In considering amendments, the City Council should use the review criteria outlined in Section 2.10(B) of the LUDC. The review criteria generally include but are not limited to furthering the purposes of the LUDC, amendments being in accordance with the Comprehensive Plan, promoting the public safety, health and general welfare of the community, and improving the effectiveness and efficiency of administering the LUDC.
BACKGROUND AND SUMMARY OF AMENDMENTS
The LUDC must be compliant with the Colorado Revised Statutes (CRS) when the state has made it a matter of statewide concern. This agenda item includes a variety of amendments necessary to address recent changes in the CRS that have preempted local control with respect to landscaping as well as implementation of one component of the Brighton Community Identity Design Plan. Senate Bill 24-005 requires that a local government prohibit the installation or placement of any nonfunctional turf, artificial turf, or invasive plant species by January 1, 2026. HB25-1113 requires that the City update its code by January 1, 2028, so City Council can expect another ordinance implementing those requirements at a later date. Listed below are some of the larger topics staff proposes to address in the upcoming ordinance.
Article 8 - Provides the standards for L...
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