Guidance on the Implementation of Expedited Review Requirements in Proposition 123

Introduction

These guidelines are provided by the Department of Local Affairs (DOLA) to help Colorado cities, towns, and counties and tribal governments navigate the Expedited Review (Fast-Track Review Process) requirements of Proposition 123 (Fast Track Review Process). Local governments that want to be eligible for future the second round (2027-2029) Prop 123 funding must implement that system by January 1, 2027.

This guidance is intended to allow Colorado local governments flexibility to become and remain eligible for Proposition 123 funding while continuing to implement their current development review systems.
This document is not intended to serve as legal advice. This guidance should not be considered legal advice. Jurisdictions are encouraged to consult with their own legal counsel.Any interested person is encouraged to consult with an attorney with respect to any particular legal matter.
DOLA recognizes the unique circumstances for tribal governments, where housing projects take place within sovereign land. Understanding that tribal governments serve as their own applicant and developer for housing projects within tribal lands, the expedited review requirement of Prop. 123 is generally not applicable for tribal governments.
Similarly, when a local government serves as its own applicant for a project within their own review process, the expedited review requirements of Prop. 123 would not apply.
Over time, as communities implement their expedited review process, DOLA may add to these guidelines to address new questions that arise and to highlight new examples of innovative and effective adoption of expedited review processes.

Efforts to develop these guidelines began in November 2023 and extended into April 2024. Outreach efforts included the following:

16 partner agencies were invited to participate.
3 targeted stakeholder meetings were held, composed of:
- Over 65 planners from every region of the state.
- Over 30 developers and builder groups with affordable housing expertise, including housing authorities.
1 state-wide survey distributed by DOLA, partner agencies, and stakeholders.
2 educational webinars presenting the final guidelines.

During initial listening sessions with partner agencies and stakeholders, it became apparent that there are misunderstandings surrounding the language of Prop. 123 expedited review requirements. This process also uncovered insights into the barriers and opportunities within local government processes, potential avenues to explore for expediting review processes, and feedback on what information would be most helpful to include in these guidelines.

The process also involved reviewing nationwide studies, reports, and best practices from nonprofits, development professionals, other states and municipalities, including communities within Colorado, and drawing from recommendations and lessons learned.