Changeflow GovPing Legislation Housing Developments on Qualifying Properties Bill

Priority review Rule Added Final

Housing Developments on Qualifying Properties Bill

CO Legislature Bill Search

Published January 1st, 2026

Detected March 5th, 2026

Summary

Colorado Bill HB26-1001 requires subject jurisdictions to allow residential development on qualifying properties owned by specific nonprofit organizations, school districts, or transit authorities starting December 31, 2027. The bill sets specific standards for height, density, and other development criteria, aiming to promote affordable housing.

View original document View source feed page

What changed

Colorado Bill HB26-1001 mandates that jurisdictions must permit residential developments on qualifying properties (up to 5 acres) owned by designated nonprofit organizations, school districts, state colleges/universities, housing authorities, or transit districts, effective December 31, 2027. The bill establishes specific limitations on a jurisdiction's ability to disallow construction based on height (up to 3 stories/45 feet), density, or other standards, provided they are no more restrictive than those applied to similar housing. It also allows for child care and community services within these developments.

Regulated entities, particularly local governments and property owners meeting the criteria, must ensure their zoning and development standards comply with the bill's provisions by the effective date. Jurisdictions will need to implement an administrative approval process for these developments and may need to request documentation from nonprofit applicants. Property owners must notify the county assessor once a development is permitted. Failure to comply could result in legal challenges or enforcement actions by the state.

What to do next

Review bill HB26-1001 for applicability to properties owned by the organization.
Update local zoning ordinances and development standards to comply with the bill's requirements by December 31, 2027.
Establish an administrative approval process for residential developments on qualifying properties.

Source document (simplified)

HB26-1001

Housing Developments on Qualifying Properties

| Type | Bill |
| --- | --- |
| Session | 2026 Regular Session |
| Subjects | Housing Local Government |
Concerning the promotion of residential developments on qualifying properties.

Recent Bill (PDF) Recent Fiscal Note (PDF) Bill Summary:

The bill requires a subject jurisdiction, on or after December 31, 2027, to allow a residential development to be constructed on a qualifying property that does not contain an exempt parcel, subject to an administrative approval process. A qualifying property is real property that contains no more than 5 acres of land and is owned by:

A nonprofit organization with a demonstrated history of providing affordable housing;
A nonprofit organization that provides public transit;
A nonprofit organization that has entered into an agreement with another nonprofit organization with a demonstrated history of providing affordable housing, provided that the agreement requires the nonprofit organization with a demonstrated history of providing affordable housing to develop a residential development on the property;
A school district;
A state college or university;
A housing authority; or
A local or regional transit district or a regional transportation authority serving one or more counties. If a subject jurisdiction requests, as part of an initial development application, that a nonprofit organization with a demonstrated history of providing affordable housing provide documentation that it meets required criteria, the nonprofit organization shall provide the documentation. Each housing unit in a residential development constructed on a qualifying property that meets certain affordable housing criteria is equivalent to 1.1 newly constructed affordable housing units for the purposes of the statewide affordable housing fund.

A subject jurisdiction shall not:

Disallow construction of a residential development on a qualifying property on the basis of height if the tallest structure in the residential development is no more than 3 stories or 45 feet tall;
Disallow construction of a residential development on a qualifying property on the basis of height if the tallest structure in the residential development complies with the height-related standards for the zoning district in which the residential development will be built or any zoning district that is contiguous to the qualifying property on which the residential development will be built;
Disallow construction of a residential development on a qualifying property based on the number of dwelling units that the residential development will contain, except in accordance with standards listed in the bill; or
Apply standards to a residential development on a qualifying property that are more restrictive than the standards the subject jurisdiction applies to similar housing constructed within the subject jurisdiction, including standards related to structure setbacks from property lines; lot coverage or open space; on-site parking requirements; numbers of bedrooms in a multifamily residential development; on-site landscaping, screening, and buffering requirements; or minimum dwelling units per acre.
Provided that the uses are allowed conditionally or by right within the zoning district in which a qualifying property is located, a subject jurisdiction shall allow the following uses in a residential development on a qualifying property:
Child care; and
The provision of recreational, social, or educational services provided by community organizations for use by the residents of the residential development and the surrounding community.
The bill requires the owner of a qualifying property to notify the county assessor that a subject jurisdiction has allowed the construction of a residential development on a qualifying property within the county.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Prime Sponsors

Representative

Andrew Boesenecker
Representative

Javier Mabrey
Senator

Tony Exum
Senator

Julie Gonzales

Committees

House

Transportation, Housing & Local Government

Senate

Local Government & Housing

If you require reasonable accessibility accommodation to access this content, please email accessibility@coleg.gov.

Status

Under Consideration

Introduced

Under Consideration

Upcoming Schedule

1 meeting

Wed

Mar 4

Senate Local Government & Housing

Upon Adjournment SCR 357

Related Documents & Information

| Date | Version | Documents |
| --- | --- | --- |
| 02/06/2026 | Reengrossed | PDF |
| 02/05/2026 | Engrossed | PDF |
| 01/14/2026 | Introduced | PDF |

| Date | Version | Documents |
| --- | --- | --- |
| 02/04/2026 | PA1 | PDF |

| Date | Version | Documents |
| --- | --- | --- |
| 01/22/2026 | FN1 | PDF |

| Activity | Vote | Documents |
| --- | --- | --- |
| Refer House Bill 26-1001, as amended, to the Committee of the Whole. | The motion passed on a vote of 4-3. | Vote summary |

| Activity | Vote | Documents |
| --- | --- | --- |
| Adopt amendment L.001 (Attachment D) | The motion passed without objection. | Vote summary |
| Adopt amendment L.002 (Attachment E) | The motion passed without objection. | Vote summary |
| Adopt amendment L.003 (Attachment F) | The motion passed on a vote of 10-3. | Vote summary |
| Adopt amendment L.004 (Attachment G) | The motion passed without objection. | Vote summary |
| Adopt amendment L.005 (Attachment H) | The motion passed without objection. | Vote summary |
| Refer House Bill 26-1001, as amended, to the Committee of the Whole. | The motion passed on a vote of 9-4. | Vote summary |
Hearing Summary | Committee Report: PDF
| Date | Calendar | Motion | Vote | Vote Document |
| --- | --- | --- | --- | --- |
| 02/06/2026 | Third Reading | BILL | 35 AYE 24 NO 6 OTHER | Vote record |
| 02/05/2026 | Committee of the Whole | AMD (H.002) | 0 AYE 0 NO 65 OTHER | Vote record |

| Date | Amendment Number | Committee/ Floor Hearing | Status | Documents |
| --- | --- | --- | --- | --- |
| 03/04/2026 | L.028 | SEN Local Government & Housing | Passed [] | PDF |
| 03/04/2026 | L.027 | SEN Local Government & Housing | Passed [] | PDF |
| 03/04/2026 | L.026 | SEN Local Government & Housing | Passed [] | PDF |
| 03/04/2026 | L.022 | SEN Local Government & Housing | Passed [] | PDF |
| 03/04/2026 | L.020 | SEN Local Government & Housing | Passed [] | PDF |
| 03/04/2026 | L.019 | SEN Local Government & Housing | Passed [] | PDF |
| 03/04/2026 | L.025 | SEN Local Government & Housing | Passed [] | PDF |
| 03/04/2026 | L.024 | SEN Local Government & Housing | Passed [] | PDF |
| 03/04/2026 | L.021 | SEN Local Government & Housing | Passed [] | PDF |
| 02/05/2026 | L.011 | Second Reading | Lost [] | PDF |
| 02/05/2026 | L.018 | Second Reading | Lost [] | PDF |
| 02/05/2026 | L.009 | Second Reading | Lost [] | PDF |
| 02/05/2026 | L.010 | Second Reading | Lost [] | PDF |
| 02/05/2026 | L.007 | Second Reading | Lost [] | PDF |
| 02/05/2026 | L.013 | Second Reading | Lost [] | PDF |
| 02/05/2026 | L.012 | Second Reading | Lost [] | PDF |
| 02/05/2026 | L.016 | Second Reading | Passed [] | PDF |
| 02/05/2026 | L.015 | Second Reading | Passed [] | PDF |
| 02/05/2026 | L.017 | Second Reading | Passed [] | PDF |
| 02/05/2026 | L.006 | Second Reading | Passed [] | PDF |
| 02/03/2026 | L.005 | HOU Transportation, Housing & Local Government | Passed [] | PDF |
| 02/03/2026 | L.004 | HOU Transportation, Housing & Local Government | Passed [] | PDF |
| 02/03/2026 | L.003 | HOU Transportation, Housing & Local Government | Passed [] | PDF |
| 02/03/2026 | L.002 | HOU Transportation, Housing & Local Government | Passed [] | PDF |
| 02/03/2026 | L.001 | HOU Transportation, Housing & Local Government | Passed [] | PDF |
* Amendments passed in committee are not incorporated into the measure unless adopted by the full House or Senate.

** The status of Second Reading amendments may be subsequently affected by the adoption of an amendment to the Committee of the Whole Report. Refer to the House or Senate Journal for additional information.

| Date | Location | Action |
| --- | --- | --- |
| 03/04/2026 | Senate | Senate Committee on Local Government & Housing Refer Amended to Senate Committee of the Whole |
| 02/11/2026 | Senate | Introduced In Senate - Assigned to Local Government & Housing |
| 02/06/2026 | House | House Third Reading Passed - No Amendments |
| 02/05/2026 | House | House Second Reading Special Order - Passed with Amendments - Committee, Floor |
| 02/03/2026 | House | House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole |
| 01/14/2026 | House | Introduced In House - Assigned to Transportation, Housing & Local Government |
Prime Sponsor

Rep. A. Boesenecker | Rep. J. Mabrey

Sen. T. Exum | Sen. J. Gonzales

Sponsor

(None) Co-Sponsor