An important aspect of the Town’s ability to ensure an adequate road system and also protect our water, watershed, wastewater and stormwater assets is to have assurances that projects or proposed developments that might occur near Town boundaries do not create adverse impacts to the Town. Such a tool is available through 1041 Regulations, also known as Matters of State Interest Act.
What are 1041 Regulations?
Colorado law allows for the adoption of a regulatory framework, so-called “1041 Regulations” that can be used to protect Town water, watershed, wastewater/stormwater assets and transportation infrastructure from projects outside of the Town. The Town adopted these regulations in October 2021, in Title 21 of the municipal code. These regulations allow for the Town to require a permit for projects outside Town limits that may affect the Town's transportation and water infrastructure. The permit can include conditions to protect the Town's infrastructure.
What will the 1041 Regulations require?
Under these regulations, a Town permit requires the proposed external development to demonstrate appropriate and reasonable mitigation efforts – if necessary – to protect Town infrastructure prior to the development proceeding.
These types of regulations are used by a number of Colorado local governments to protect cities, towns and counties from possible negative impacts of development proposals outside their immediate jurisdiction but still impacting the municipality.
Why are they needed?
When a community such as Castle Rock is facing wide-ranging development pressures, 1041 Regulations provide a layer of control and protection over development that are not offered in other regulations.
A tool to protect Town infrastructure and environmental assets
Ability to manage possible adverse effects of adjacent development
Allow for external development to be better planned and more cohesively included in the community of Castle Rock