Review of Land Use Decisions

C.R.S. tit. 13, art. 51.5
in effect

C.R.S. § 13-51.5-101 Scope and purpose of article

13-51.5-101. Scope and purpose of article. This article applies to judicial review of local land use decisions in cases where it is alleged that a governmental body or officer or any lower judicial body exercising judicial or quasi-judicial functions has exceeded its jurisdiction or abused its discretion and there is no plain, speedy, and adequate remedy otherwise provided by law. Review shall be limited to a determination of whether the body or officer has exceeded its jurisdiction or abused its discretion, based on the evidence in the record before the defendant body or officer.

C.R.S. § 13-51.5-102 Definitions

13-51.5-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Development permit" means any zoning permit, subdivision approval, certification, special exception, variance, or any other similar action of a governmental entity that has the effect of authorizing the development of real property. "Development permit" does not include a building permit. (1.5) "Dwelling unit" has the same meaning as set forth in section 38-12-502. (2) "Governmental entity" includes any municipal, county, or regional government with the authority to plan and zone land. "Governmental entity" does not include the state of Colorado, any agency of the state of Colorado, the United States, or any agency of the United States. (3) "Local land use decision" means any action of a governmental entity that has or will have the effect of granting, denying, or granting with conditions an application for a development permit.

C.R.S. § 13-51.5-103 Request for administrative record - certification - time limits

13-51.5-103. Request for administrative record - certification - time limits. (1) Unless the court specifically orders otherwise upon a showing of good cause for delay, a defendant governmental body or officer shall file the record pursuant to rule 106 (a)(4)(III), C.R.C.P., or any successor rule thereto within thirty-five days after the filing of the complaint. (2) Except as otherwise provided in this section, all aspects of the proceeding shall be conducted in accordance with the Colorado rules of civil procedure, including without limitation C.R.C.P. 106 and any successor thereto.

C.R.S. § 13-51.5-104 Request for judicial review of local land use decisions - attorney fees - effect of filing action - good faith reliance

13-51.5-104. Request for judicial review of local land use decisions - attorney fees - effect of filing action - good faith reliance. (1) (a) The court shall award reasonable attorney fees to a prevailing governmental entity in any action for judicial review of a local land use decision involving residential use with a net project density of five dwelling units per acre or more brought pursuant to this article 51.5 or rule 106 (a)(4) of the Colorado rules of civil procedure. (b) This subsection (1) does not apply to an action for judicial review brought by the land use applicant before the governmental entity. (2) Filing an action for judicial review of a local land use decision pursuant to this article 51.5 or rule 106 (a)(4) of the Colorado rules of civil procedure does not affect the validity of the local land use decision. The governmental entity and public may rely on the local land use decision in good faith for all purposes until the action for judicial review is resolved.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.docxFetched: 10/6/2026