Colorado lawmakers are pressing ahead with a plan to let homeowners split their lots to make room for smaller, less expensive houses — a proposal that has drawn sharp opposition from Aurora, Colorado Springs, Denver and other Front Range cities that argue it undermines local control over land use.

The legislation would change local land‑use rules that supporters say could open the door to first‑time homeownership but which opponents warn would erode community control.

Behind the legislation is Speaker Pro Tem Andrew Boesenecker, D-Fort Collins, along with fellow Democrats Rep. Steven Woodrow of Denver, and Sens. Judy Amabile of Boulder and Matt Ball, also of Denver.

House Bill 1308 cleared the House on March 24 on a 39-26 vote, picking up four Democratic “no” votes, along with 22 House Republicans voting against it.

HB 1308 is now awaiting action from the Senate.

The bill would allow a lot to be split, provided the new plan allots at least 1,200 square feet. That’s down from the bill’s original intent of 2,000 feet.

If the property has a mortgage, the homeowner must get written approval from their lender and file that consent with the county before splitting the lot.

It also limits lot-splitting to municipalities with at least 1,000 residents and is within a “metropolitan planning organization” region.

Because of those restrictions, the bill would primarily benefit residents in Front Range communities from Fort Collins to Pueblo, as well as in Grand Junction.

House Bill 1308 faces opposition from Aurora, Colorado Springs, Denver and numerous Front Range cities. Supporters to date include several realtors, homebuilders, the city of Fort Collins, and the Colorado Chamber of Commerce.

Boesenecker told Colorado Politics the goal is to open up lower-priced homes to first-time home buyers. It would also give people who own a four- or five-bedroom home an option when they want to downsize, he said.

He’s hoping to address the lack of homes for purchase in the 700-square-foot to 1,000-square-foot range, which he said nobody is building right now.

The bill comes with a host of exceptions, which Boesenecker said are intended to be thoughtful about limitations and to establish an objective, reasonable set of standards.

Those exceptions include bans on lot‑splitting in historic districts, a requirement for lender approval if the property has a mortgage, limits tied to water and sewer access — such as lots served by wells or rural water systems — and an exemption for existing homeowners associations. HOAs created after Jan. 1, 2027, however, would not be exempt.

Boesenecker maintains that the bill doesn’t force cities or counties to change their zoning rules, a point where he and the Colorado Municipal League disagree on.

Bev Staples, representing the Colorado Municipal League and its 271 local governments, told the House Transportation, Housing and Local Government Committee that lot-splitting “undermines a fundamental principle that has long guided land use,” where decisions about local land use are made locally.

Staples said the bill also eliminates meaningful community input and bypasses public hearings.

“Coloradans expect and deserve a voice in decisions that directly impact where they live,” she said.

The bill also disregards sound land use planning by local governments designed to meet local priorities, she added.

Jeff Holwell of the City of Lone Tree added that the bill violates the home rule authority of many local governments, a right enshrined in the state constitution and upheld by the Colorado Supreme Court.

Boesenecker said the measure doesn’t require local governments to approve every lot‑split request.

“It doesn’t mean that a local government always has to say yes, because, like with other land‑use bills, there are good reasons why you should say no,” he said.

But he argued that having clear, objective criteria would speed up approvals for homeowners who want to create another home on their property.

According to Boesenecker, that streamlined process could also help existing homeowners stay in their neighborhoods by giving them a way to offset rising property taxes. Splitting a lot, he said, allows someone to secure their long‑term future, while creating a new path to homeownership for someone else.

Boesenecker added that current zoning rules often encourage the construction of large “McMansions” — because builders maximize square footage to maximize profit. HB 1308, he said, would instead make it feasible to build two smaller homes, which he believes would help stabilize property values, rather than drive them sharply upward when a modest house sits beside a three‑story one.

The bill would also give builders more flexibility, he said, by creating opportunities to construct homes in areas where developable land is otherwise scarce.

Boesenecker also believes that two smaller homes would use less water and place less strain on infrastructure than one large home.

Permission from the local government would already follow state laws on zoning for accessory dwelling units, as well as the HOME Act that Gov. Jared Polis signed on March 25.

HB 1308 drew concerns from several municipalities and the Colorado Municipal League.

During debate on March 23, Rep. Max Brooks, R-Castle Rock, who served on that community’s planning commission and is a sitting councilman in the town, advocated for local planning, which he said often takes years.

Those who live on lots and in neighborhoods with lower density choose that, he said, while warning that the bill could create transportation issues.

Boesenecker — who said his mother-in-law now lives in an accessory dwelling unit on his property — co-sponsored the recently signed HOME Act, which borrowed from last year’s “God in my Backyard” bill, which would have allowed churches the authority to build homes on their properties

The 2026 HOME Act went far beyond that, granting that authority to schools, colleges, non-profits, transit agencies and housing authorities. Although the bill did not specifically mention churches.