Legislation implementation work is ongoing. Please check back regularly for updates.
Subject Jurisdictions (“Transit-Oriented Communities”)
- Municipalities with more than 4,000 residents AND more than 75 acres of transit areas
- Counties with more than 4,000 residents AND more than 75 acres of transit areas
- Unincorporated areas (a) within ½ mile of light rail or commuter rail stations and (b) within ¼ mile of transit corridors and surrounded by municipalities
Requirements in the law also apply to planned unit developments (PUDs) and homeowners associations (HOAs) within transit oriented communities.
Local governments that are not subject jurisdictions can opt in by designating “neighborhood centers” to be eligible for the TOC infrastructure grant program!
Components
Housing Opportunity Goal Reporting
Under this law, transit oriented communities must:
- Calculate their Housing Opportunity Goal, and designated sufficient Transit Centers to meet their Housing Opportunity Goal.
- Submit preliminary reports by June 30, 2025 and final reports by December 31, 2026 (along with ongoing 3-year status reports) showing the housing opportunity goal, data/methods/maps used, locally-designated transit centers and neighborhood centers, adopted affordability strategies, displacement mitigation strategies, implementation plans (and water supply insufficiency analysis, if applicable).
Grant Program
- DOLA will certify transit oriented communities that meet the requirements of the housing opportunity goal report as directed in statute.
- Certified transit oriented communities are eligible for an Infrastructure Grant Program.
- Non-subject jurisdictions that opt-in by designating “neighborhood centers.”
Technical Assistance and Resources
- DOLA will publish transit area and walkshed maps by September 30, 2024 for transit-oriented communities to use in calculating their Housing Opportunity Goal.
- DOLA must provide technical assistance to complement the grant program. DOLA must also publish a calculation model and guidance to support local governments with designating Transit Centers.
- DOLA will publish affordability and displacement-mitigation strategy menus
Jurisdictions Likely to Qualify
This list will be updated when the transit areas map is published by September 30, 2024, which will identify which jurisdictions have at least 75 acres of transit areas.
- Adams County
- Arapahoe County
- Arvada
- Aurora
- Boulder
- Broomfield
- Centennial
- Cherry Hills Village
- Colorado Springs
- Commerce City
- Denver
- Douglas County
- Edgewater
- Englewood
- Fort Collins
- Glendale
- Golden
- Greenwood Village
- Jefferson County
- Lafayette
- Lakewood
- Littleton
- Lone Tree
- Longmont
- Louisville
- Northglenn
- Sheridan
- Superior
- Thornton
- Westminster
- Wheat Ridge
Nothing Prevents
Under this law, nothing prevents a transit oriented community or other relevant entity from applying the following policies or regulations:
- Enforcing infrastructure standards (denying or conditioning permits)
- Assessing impact fees
- Approving applications with a lower net density than maximum allowed
- Allowing variable zoning capacity across transit areas, including not designating some transit areas as Transit Centers (as long as the overall housing opportunity goal is reached)
- Implementing discretionary approval for subdivisions, rezonings, variances
- Allowing greater net density or more permissive standards
- Providing discretionary review at applicant’s option
- Not publicly disclosing confidential information related to water supplies or facilities
- Allowing commercial/business/mixed use within Transit Centers
- Denying/conditioning projects or building permits for failure to meet requirements of a traffic study
Key Dates
September 30, 2024: DOLA publishes transit area and walkshed maps
February 28, 2025: DOLA provides housing opportunity goal calculation model and guidance
June 30, 2025: Preliminary TOC assessment report due to DOLA (for review and approval or amendment)
June 30, 2025: DOLA publishes affordability menus, displacement risk assessment guidance and strategies
December 31, 2026: Water insufficiency notice due to DOLA if applicable (and every three years thereafter)
December 31, 2026: Final housing opportunity goal report due (with status reports every 3 years)
December 31, 2027: Final date for compliance with housing opportunity goal requirements; DOLA gives notice of any non-compliance