Adjust Subdivision Access to State Highway System

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1086 LLS NO. 26-0510.01 Caroline Martin x5902 HOUSE SPONSORSHIP Suckla, SENATE SPONSORSHIP (None), House Committees Senate Committees Transportation, Housing & Local Government A BILL FOR AN ACT CONCERNING AN ADJUSTMENT TO THE REQUIREMENT THAT SUBDIVISION PLANS MUST PROVIDE ACCESS TO THE STATE HIGHWAY SYSTEM.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) Current law provides that a person may not submit an application for subdivision approval to a local authority unless the subdivision plan or plat provides that all lots and parcels created by the subdivision will have access to the state highway system. The bill removes this restriction and specifies that, on or after January 1, 2027, a person may submit, and Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

a local authority may approve, an application for a subdivision plan or plat that does not provide that all lots and parcels created by the subdivision will have access to the state highway system.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, amend 30-28-133.1 as follows: 30-28-133.1.

Subdivision plan or plat - access to public highways.

BEFORE JANUARY 1, 2027, no person may submit an application for subdivision approval to a local authority unless the subdivision plan or plat provides pursuant to section 43-2-147, C.R.S., that all lots and parcels created by the subdivision will have access to the state highway system in conformance with the state highway access code. ON OR AFTER JANUARY 1, 2027, A PERSON MAY SUBMIT, AND A LOCAL AUTHORITY MAY APPROVE, AN APPLICATION FOR A SUBDIVISION PLAN OR PLAT THAT DOES NOT PROVIDE THAT ALL LOTS AND PARCELS CREATED BY THE SUBDIVISION WILL HAVE ACCESS TO THE STATE HIGHWAY SYSTEM.

SECTION 2. In Colorado Revised Statutes, amend 31-23-214.1 as follows: 31-23-214.1.

Subdivision plan or plat - access to public highways.

BEFORE JANUARY 1, 2027, no person may submit an application for subdivision approval to a local authority unless the subdivision plan or plat provides pursuant to section 43-2-147, C.R.S., that all lots and parcels created by the subdivision will have access to the state highway system in conformance with the state highway access code. ON OR AFTER JANUARY 1, 2027, A PERSON MAY SUBMIT, AND A LOCAL AUTHORITY MAY APPROVE, AN APPLICATION FOR A SUBDIVISION PLAN OR PLAT THAT DOES NOT PROVIDE THAT ALL LOTS AND PARCELS CREATED BY THE SUBDIVISION WILL HAVE ACCESS TO THE STATE HIGHWAY SYSTEM.

SECTION 3. In Colorado Revised Statutes, 43-2-147, amend (1)(b) as follows:

43-2-147. Access to public highways - definitions.

(1) (b) Vehicular access to or from property adjoining a state highway shall be provided to the general street system, unless such access has been acquired by a public authority. Police, fire, ambulance, and other emergency stations shall have a right of direct access to state highways.

After June 21, 1979, BUT BEFORE JANUARY 1, 2027, no person may submit an application for subdivision approval to a local authority unless the subdivision plan or plat provides that all lots and parcels created by the subdivision will have access to the state highway system in conformance with the state highway access code. ON OR AFTER JANUARY 1, 2027, A PERSON MAY SUBMIT, AND A LOCAL AUTHORITY MAY APPROVE, AN APPLICATION FOR A SUBDIVISION PLAN OR PLAT THAT DOES NOT PROVIDE THAT ALL LOTS AND PARCELS CREATED BY THE SUBDIVISION WILL HAVE ACCESS TO THE STATE HIGHWAY SYSTEM.

SECTION 4. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.