1041 Regulations

1041 Regulations are delegated powers from the State of Colorado to local jurisdictions to regulate matters of statewide concern, including the development of transportation and utility infrastructure. 1041 Regulations can also be used to protect specific geographic areas with historical, cultural, or natural resources of statewide importance.
 
In 1974, HB 74-1041 was introduced at the legislature to address issues surrounding land use planning in Colorado. Later that year it was enacted as the Areas and Activities of State Interest Act (AASIA), which defines a set of activities and areas of state interests and delegates power to local governments to regulate such areas or activities. These are known as “1041 Powers” and the regulations as “1041 Regulations.” (Dakan, “Colorado Local Governments’ Use of 1041 Regulations,” for DOLA, 2017).

 

Larimer County 1041 Regulations - Background & Overview

FAQs

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  1. What Does the State Allow Local Jurisdictions to do?

    The 1041 powers allow local jurisdictions to have some local authority and decision-making ability over development projects that are of state interest or that may have local impacts.

  2. What Types of Projects Need a 1041 Permit?

    Larimer County regulates the following activities of state interest. (Note: these types are abbreviated. Check Article 10, Section 10.3 for the full description of each type.) 

    • Electrical power plant (50 MW+) 
    • Conversion of an electrical power plant to a new type of fuel 
    • Nuclear power plant 
    • Wind power plant (3+ towers , 80-feet+, or 10%+ expansion) 
    • Electric transmission lines (69,000 volts+) 
    • Transmission line upgrade expanding easement right-of-way or increasing height 10-feet+ or 15%
    • Electrical substation or transition site for switching (69,000 volts+) 
    • New pipeline designated for transmission of natural gas or other petroleum derivatives, 10-in+ 
    • New or extended domestic water or sewer transmission lines (easements 30-feet+, or 20-feet adjacent to existing utility easements, or serving 25+ residential units) 
    • New or expansion of water storage reservoir (50-acres+) 
    • Solar energy power plant
    • New State-owned and operated collector and arterial highways and interchanges (with some exemptions)
  3. Where can I read Larimer County’s 1041 Regulations?

    Larimer County’s adopted “Areas and Activities of State Interest” (1041) regulations appear in Article 10 of the Land Use Code.

  4. When Did Larimer County Adopt its 1041 Regulations?

    In 2008, Larimer County adopted its “Areas and Activities of State Interest” (1041) regulations designating most of the activities that are currently regulated, except for water transmission lines and solar energy power plants. In December 2009, the County amended the regulations to add siting and development of domestic water or sewer transmission lines, and in 2010, the County added regulations for siting and development of solar energy power plants. In 2022, the County revised the review criteria for all projects and added regulations for new collector and arterial highways and interchanges. 

     

  5. What is the process for a 1041 permit? 

    The steps in the 1041 permitting process are described in Section 10.8.2 of the Land Use Code, as follows:

    1. Pre-application Conference: A meeting is held between the applicant and County staff to determine the scope of the project, identify submittal requirements, and outline the process.
    2. Application Submittal: The applicant submits the package of required documents to the County for review.
    3. Completeness Review: County staff reviews the application package to determine whether all of the required information has been submitted. The County has 60 days to determine whether the application is complete (or 28 days in the case of Major Electrical or Natural Gas Facilities).
    4. Staff Review: County staff and referral agencies review the application and prepare a staff report and recommendation. The County may, when necessary, hire a specialized consultant to assist with review at the applicant’s expense.
    5. Notice of Hearings: No later than 30 days after receipt of a completed application, the County sets and publishes notice of the date, time, and place for a hearing before the County Commissioners.
    6. Planning Commission Hearing: The Planning Commission holds a hearing to provide a recommendation to the County Commissioners on the 1041 permit application. Notice of the Planning Commission hearing is published in a newspaper of general circulation at least 14 days before the hearing date.
    7. Board of County Commissioners Hearing: The Board of County Commissioners conducts a hearing to make a final decision on the 1041 permit application. The hearing must be held no later than 60 days after the notice has been published. The County mails a notification letter to property owners in the vicinity of the proposal at least 14 days prior to the hearing.
    8. Decision: The County Commissioners may approve, approve with conditions, or deny the application for a 1041 permit based on the review criteria in Land Use Code Section 10.9 and 10.10. 
      1. A 1041 permit application may be approved only when the applicant has satisfactorily demonstrated that the proposed project, including any mitigation measures, complies with all of the applicable criteria in the Land Use Code. If the proposal does not comply with all the applicable criteria, the permit shall be denied, unless the County Commissioners determine that reasonable conditions can be imposed to bring the project into compliance with the criteria.
      2. If the County Commissioners determine at the public hearing that sufficient information has not been provided to allow it to determine if the criteria have been met, the County Commissioners may continue the hearing to another date or table the discussion until the necessary information has been received.

    Technical Review: If a 1041 permit is granted, the project may be required to submit more detailed design, engineering and construction information so County staff can ensure all permit conditions have been met. This technical review process is not subject to a public hearing and no public notice is required

  6. How can community members get involved in the 1041 process?

    Community input is an important part of the 1041 permitting process. Notification letters are mailed to all property owners within 500 feet of the project. These letters contain the date, time, and location of the public hearings, along with project information. The County encourages all interested community members to share their comments about the proposed project. There are several ways to share your input: 

    • Attend one of the public hearings and make a spoken comment (Planning Commission or Board of County Commissioners)
    • Email written comments to planning@larimer.org 
    • Mail written comments to Larimer County Community Development, 200 W. Oak St., Fort Collins, CO 80521.

    Note: Please do not contact County Commissioners or Planning Commissioners directly about the proposed project. In order to maintain a fair and transparent process, all decisions makers will receive a complete package of all of the public comments submitted through the options above. Please note that all written comments are considered public records.

     

  7. How can I find the application materials for a specific project?

    Directions on how to search the Larimer County Community Development Online Portal can be found here.