State & Local Noise Abatement Authority

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction SENATE BILL 26-098 LLS NO. 26-0693.01 Clare Haffner x6137 SENATE SPONSORSHIP Liston and Ball, Coleman, Lindstedt, Marchman, Rodriguez HOUSE SPONSORSHIP Brooks and Lindsay, Senate Committees House Committees Local Government & Housing A BILL FOR AN ACT CONCERNING THE APPLICABILITY OF CERTAIN NOISE ABATEMENT PROVISIONS, AND, REESTABLISHING LOCAL AUTHORITY WITH RESPECT TO NOISE ABATEMENT.

IN CONNECTION THEREWITH, SENATE 3rd Reading Unamended March 18, 2026 March 17, 2026 (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.) SENATE Bill Summary 2nd Reading Unamended Under current law, there are statewide standards for noise level limits for various time periods and areas, and noise in excess of those limits is a public nuisance. The statewide noise level limits do not apply 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.

to the use of property for certain purposes. The bill states that the statewide noise level limits also do not apply to the following: ! The use of property owned or controlled by the state or a political subdivision of the state; ! The use of property pursuant to a permit or license that addresses sound emitted and that is issued by a local government; and ! The use of property owned or controlled by a nonprofit entity for a cultural, entertainment, athletic, or patriotic event.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 25-12-103, amend (11) as follows:

25-12-103. Maximum permissible noise levels.

(11) (a) This article is not applicable to the use of property by this state, any political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. THIS ARTICLE 12 DOES NOT APPLY TO:

(I) THE USE OF PROPERTY THAT IS OWNED OR CONTROLLED BY THE STATE OR A POLITICAL SUBDIVISION OF THE STATE;

(II) THE USE OF PROPERTY PURSUANT TO A PERMIT OR LICENSE ISSUED BY A LOCAL GOVERNMENT THAT ADDRESSES SOUND EMITTED, INCLUDING SOUND LEVELS AND HOURS, FROM THE PROPERTY, WHICH PERMIT OR LICENSE MAY BE MORE OR LESS RESTRICTIVE THAN THIS ARTICLE 12; OR

(III) THE USE OF PROPERTY THAT IS OWNED OR CONTROLLED BY A NONPROFIT ENTITY FOR A CULTURAL, ENTERTAINMENT, ATHLETIC, OR PATRIOTIC EVENT, SUCH AS A CONCERT, MUSIC FESTIVAL, OR FIREWORKS DISPLAY, INCLUDING THE USE OF THE PROPERTY BY A LESSEE OF THE NONPROFIT ENTITY OR BY A PERSON WITH WRITTEN PERMISSION FROM THE NONPROFIT ENTITY.

(b) THIS SUBSECTION (11) DOES NOT PREEMPT OR LIMIT THE AUTHORITY OF A POLITICAL SUBDIVISION HAVING JURISDICTION TO REGULATE NOISE ABATEMENT.

SECTION 2. In Colorado Revised Statutes, amend 25-12-108 as follows:

25-12-108. Preemption.

Except as provided in sections 25-12-103 (12) (11) AND (12) and 25-12-110, this article shall not be construed to ARTICLE 12 DOES NOT preempt or limit the authority of any A municipality or county to adopt standards that are no less restrictive than the provisions of this article THIS ARTICLE 12.

SECTION 3.

Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.