6 suburban mayors sue state over zoning and parking laws in effort to protect Home Rule authority

'Somewhere between soaring skyscrapers and soaring housing costs lies the answer'

The mayors of six suburban cities are suing the state over a pair of laws passed during the 2024 legislative session, arguing they infringe upon the rights granted to them under the state constitution’s Home Rule provisions. 

More than 100 local governments statewide have adopted Home Rule policies, which give them the authority to create their own charters and ordinances, rather than relying solely on state statutes. 

In a letter issued Monday, the mayors of Arvada, Aurora, Glendale, Greenwood Village, Lafayette and Westminster say 2024’s House Bill 1313, which requires certain municipalities to approve dense zoning in areas near transit stations and House Bill 1304, which prohibits certain municipalities from imposing minimum parking requirements at multifamily residential and mixed-use properties. Both bills were signed into law by Gov. Jared Polis but neither have gone into effect. 

The mayors, who all serve in nonpartisan positions, say the suit is not about politics.

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“As individuals, we include members of both major political parties, and we hold a wide range of political perspectives,” they wrote. “But where we align is in our passion for our communities and in our belief that preserving the rights of every Coloradan is fundamentally non-negotiable. Our residents deserve to have a voice about land use in their own communities and neighborhoods.”

While they acknowledged that the bills were well-intentioned, the mayors said they couldn’t support the way the state has gone about solving the housing crisis. 

“These bills directly threaten our communities’ right to Home Rule,” they wrote. “While the bills broadly speak to the critical issues of housing and affordability, ultimately, they force new, state-developed land use requirements on our communities. These one-size-fits-all mandates do not consider the fiscal resources, broader infrastructure, geographies or characters of our communities when prescribing solutions that we must follow. Even worse, the bills strip constituents of their right to be a part of the deliberative process and to have their appeals heard — constitutional rights guaranteed by Home Rule.”

The letter also mentions an executive order Polis issued in May which threatens to pull over $100 million in funds to local governments that don’t comply with a series of laws passed in the 2024 and 2025 legislative sessions, including HB 1313 and HB 1304.

The mayors called the order retaliation against Home Rule municipalities, which they referred to as “a bully’s tactic.”

“It is our duty to stop it,” they said. 

Read the full letter here, and learn more about the history of Home Rule in Colorado here

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