Bill
SCR 1
Colorado would add local preemption: in listed areas, local laws would supersede conflicting state law within the local government’s territory.
A. Overview
- Type: Colorado Senate Concurrent Resolution proposing a constitutional amendment.
- Session: 2026 (Seventy-fifth General Assembly)
- Jurisdiction: Colorado
- Primary sponsor: Senate (Pelton)
- Committees: Local Government & Housing (Senate)
B. Purpose and Intent
- The resolution asks voters to amend the Colorado Constitution to establish a broad framework of local preemption.
- It would ensure that, within the territorial limits and jurisdiction of an enacting local government, a local ordinance, code, regulation, or other local law supersedes any conflicting state law in a comprehensive list of areas.
- In effect, if adopted, the local government’s rules would take precedence over conflicting state laws in specified domains.
C. Key Provisions (What the amendment would do)
- Add a new constitutional provision: Section 17 to Article XVIII titled “Areas of local preemption.”
- Core principle: Local laws enacted by an acting local government supersede any conflicting state law in the listed areas.
- Scope: Applies within the territory and jurisdiction of the enacting local government (i.e., the local government that passes the conflicting local rule).
D. Areas Covered (Enumerated in the amendment)
Local preemption would apply to and supersede state law in all of the following areas:
1. Permitting of construction, development, or land access
2. Zoning and planning
3. Land use decisions
4. Siting of utilities and infrastructure
5. Mineral resource areas
6. Natural hazard areas
7. Areas containing or significantly impacting historical, natural, or archaeological resources of statewide importance
8. Areas around key facilities where development may materially affect the key facility or surrounding community
9. Site selection and construction of major new domestic water and sewage treatment systems and major extensions of existing systems
10. Site selection and development of solid waste disposal sites
11. Site selection of airports
12. Site selection of rapid or mass transit terminals, stations, and fixed guideways
13. Site selection of arterial highways, arterial interchanges, and collector highways
14. Site selection and construction of major facilities of a public utility
15. Site selection and development of new communities
16. Efficient utilization of municipal and industrial water projects
17. Conduct of nuclear detonations
18. The use of geothermal resources for the commercial production of electricity
E. Election and Timing
- If approved, the amendment would be submitted to Colorado voters at the November 3, 2026 election.
- Ballot language: The amendment would add Section 17 to Article XVIII and would be presented as: “Areas of local preemption… local government supersedes any conflicting state law in the following areas: … .”
- Ballot question for voters: “Shall there be an amendment to the Colorado constitution concerning the preemption of state laws by conflicting local laws in the areas of local permitting, zoning, planning, land use, and siting decisions?”
- Qualification for adoption: The amendment requires a yes vote from at least 55% of voters voting on the ballot title.
F. Practical Implications (What could change if enacted)
- Local governments could more readily supersede state-level regulations in the enumerated domains.
- This would shift certain decision-making power from state agencies and the Colorado Legislature to individual local jurisdictions.
- Potential impacts include:
- Greater local control over development, infrastructure siting, and land-use decisions
- Possible changes to statewide consistency on key issues (e.g., water/wastewater projects, nuclear detonation conduct, mineral resources, critical infrastructure siting)
- Possible legal and regulatory uncertainty during transitions as conflicts between local and state law are resolved under the new constitutional framework
- Administrative and legal costs associated with enforcing the local preemption framework
G. Procedural Considerations
- This is a proposed constitutional amendment via a Senate Concurrent Resolution (SCR) and would require voter approval.
- If approved by the electorate, the amendment would become part of the Colorado Constitution.
Note: This summary reflects the bill as introduced. If amendments are adopted during the legislative process, the scope or language could change.
Compiled from official sources — confirm details with the bill’s official record.
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