County Plans to Expand Local Control

Larimer County already has 1041 regulations in place for power projects. Now it wants to make sure it has some ability to impact other types of infrastructure projects within its jurisdiction. In 1974, the Colorado General Assembly enacted measures to further define the authority of state and local governments in making planning decisions for matters of statewide interest.  These powers are commonly referred to as “1041 powers”, based on the number of the bill of the proposed legislation (HB 74-1041).

1041 powers allow local governments to identify, designate, and regulate areas and activities of State interest through a local permitting process.  The general intention of these powers is to allow for local governments to maintain their control over particular development projects even where the development project has statewide impacts. Colorado law allows county governments to adopt these powers to impose conditions on governments’ projects within county jurisdiction.

At a work session in late March the Commissioners asked the staff and Planning Commission to research adding 1041 powers for specific types of projects: site selection and construction of new water systems or major extensions of existing ones, site selection of and key facilities such as highways and interchanges, shores around a major, publicly owned reservoir and municipal and industrial water projects. All of these proposed 1041 regulations relate to the Northern Integrated Supply Project (NISP), and Glade Reservoir.

NISP requires federal approval but does not require County approval although it would impact Larimer residents and require U.S. 287 to be moved. The Commissioners’ intent to expand the County’s 1041 powers does not in any way indicate they want to stop NISP or other projects, but rather ensure they have some ability to affect them.

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