Proposition 123 states that in order to remain eligible for Proposition 123 funds in the next 3-year cycle (2027-2029), local governments must demonstrate they have implemented an expedited review process for housing projects where at least half of the units are affordable. While the law states that expedited review must take place within 90 calendar days of a complete application submission, there are many additional details to consider. DOLA’s guidance does not prescribe an approach but instead provides a list of strategies and approaches. Each community will need to determine which strategies are most effective for their local processes. Grant funding is available to support local governments with the implementation process.
Applicability
The expedited review requirements apply specifically to housing projects where affordable housing constitutes 50% or more of the units. Developers have the option to opt-out of the expedited review process if they choose.
Implementation Strategies
DOLA provides various strategies and examples to assist local governments in creating an expedited review process tailored to their unique local context. The goal is to streamline the development review process, saving time and resources and creating an efficient review process for affordable housing developers.
DOLA’s Fast Track Guidance website is intended to provide statutory interpretation, strategies and best practices for streamlining the development review process, providing clarity and support to local governments on the fast track requirements in Proposition 123.
Demonstrating Compliance with Expedited Review Requirements
To demonstrate compliance, jurisdictions must provide documentation that establishes an expedited review process through an ordinance, *resolution, or land use code amendment.
*A resolution is appropriate when a community's review process is already under 90 days. If the jurisdiction has a review process that exceeds the 90-day review, DOLA would expect to see a land use code update and ordinance.
Portal for Reporting on Expedited Review Policy Adoption
Technical Assistance & Courtesy Review
DOLA staff are available to provide technical assistance, meet with your team to answer questions, or offer “courtesy review” of draft fast track policy language prior to adoption. For technical assistance or questions, schedule a meeting with Robyn DiFalco or call 720-682-5202.
To request a “courtesy review” of draft policy language, please submit files via email to robyn.difalco@state.co.us and allow at least two weeks for feedback. DOLA will review and provide feedback on whether the proposed policy language aligns with DOLA’s interpretation of the statutory requirements. This feedback should not be considered legal advice. Jurisdictions are encouraged to consult with their own legal counsel.
