Guidance on the Implementation of Expedited Review Requirements in Proposition 123
DOLA has announced an incentive program to reward early adoption of fast track, setting aside $2 million of funding.
DOLA's informational webinars on Proposition 123 Fast Track provided clarity and guidance around the Proposition 123 requirement and to expedite review of affordable housing.
Prop 123 states that in order to remain eligible for Prop 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.
These guidelines are provided by the Department of Local Affairs (DOLA) to help local governments (municipalities, counties, and tribal governments) navigate the expedited review (fast-track) requirements of Proposition 123 (hereafter referred to as Prop. 123). Local governments that file a commitment by Nov 1, 2026 for the next funding cycle (2027-2029), must demonstrate they have implemented an expedited review process for housing projects where at least half of the units are affordable.
This guidance is intended to provide strategies and examples on how local governments can create an expedited review process that takes into account their unique local context. The overall intent of these guidelines is to provide clarity and support to local governments to streamline the development review process, saving time and resources, and resulting in an efficient review process for affordable housing developers.
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.
DOLA's new downloadable "self-assessment" checklist is intended to help local governments self-assess whether their existing or proposed Fast Track Review Process for Affordable Housing aligns with the statutory requirements of Proposition 123 (C.R.S. 29-32-105(2) et seq.).
Completing this checklist is recommended before submitting documentation to the Prop 123 Expedited Review Reporting Portal.
DOLA recognizes that some communities may already have a process in place that meets or exceeds the 90-day time frame requirements of Proposition 123 without having a formally adopted process. These communities need only document their local process aligning with Proposition 123 criteria.
Even those local governments that already comply with the Proposition 123 expedited review requirements should review their processes, consider potential improvements, and adopt language that aligns with Proposition 123. DOLA has provided a downloadable template resolution as a resource. (Revised 5/21/2025)
Efforts to develop these guidelines began in November 2023 and extended into April 2024. Outreach efforts included the following:
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.
The statutory language that makes up the expedited review requirement includes details and requirements for local governments. The statements below are not intended to change any provision of any statute. In the event of any conflict between these statements and the statute, the statute trumps. The following key takeaways are summarized from the detailed analysis provided in the next section.
Through stakeholder engagement, shared challenges were identified across various phases of the review process. A range of strategies were proposed to mitigate these challenges and streamline the overall review time frame. Such strategies include the development of application checklists and guides, pre-application meetings, dedicated staff or a staff liaison, contracted planning support, process improvement, code analysis and updates, administrative processing, among others.
Community examples for both urban and small/rural sized communities are provided for reference sorted by the three topic areas resulting from the challenges and strategies analysis. These topic areas include quality of submission materials, review timelines, and staff capacity.
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 expedited review processes. These guidelines were presented publicly in a series of educational webinars in spring 2024. A recording of the webinar and additional reference materials are available online.
Technical Assistance and funding are available through the Local Planning Capacity grant program to support local policy adoption and implementation of an expedited review process.
Questions, comments, or feedback should be directed to:
Robyn DiFalco, Program Manager
Community Development Office
Division of Local Government, DOLA
robyn.difalco@state.co.us
720-682-5202
Andy Hill, Director
Community Development Office
Division of Local Government, DOLA
andy.hill@state.co.us
303-864-7725