Tripp Fay/Summit Daily News
The Keystone Town Council passed a resolution on Tuesday opposing a bill aimed at expanding accessory dwelling units that is currently being considered by the state legislature.
If passed, House Bill 1152 would bar some local governments in Colorado from being able to prevent the building of accessory dwelling units — also known as granny flats. The legislation is aimed primarily at densely-populated Front Range municipalities but exempts mountain towns, where local leaders said an increase in ADUs could further fuel the short-term rental market.
Keystone Town Attorney Jennifer Madsen said while the bill won’t impact municipalities like Keystone, the state legislature in recent years has “really been encroaching into areas of local planning, and local planning should really be a matter of local concern.”
“The citizens in those communities should have a voice, and so what this resolution does is oppose that House bill for reasons that these issues should be decided locally rather than at a state level,” Madsen said.
Madsen added that the bill is being opposed by the Colorado Municipal League, which has urged other local governments to take a stance against it.
“The state legislature has been, in my view, overstepping the state’s bounds,” said Mayor Ken Riley. “I believe it’s important for us to stand in solidarity with the remainder of the towns in Colorado and the Colorado Municipal League.”
The ADU proposal is part of a package of bills this legislative session that aims to tackle Colorado’s high housing costs. Two other bills, one that would ban minimum parking requirements and another to boost high-density housing near transit centers, make up the bulk of state lawmakers’ efforts to pass an affordable housing agenda that stalled during the 2023 session.
A sweeping land-use reform bill pushed by Gov. Jared Polis failed in the legislature last year after receiving heavy criticism from local governments, including mountain resort towns. This year, mountain towns are exempt from all three major housing proposals.
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Keystone council member Gretchen Davis said while the town may not be included in the package of bills now, “my concern would be that there’s always the opportunity (for the legislation) to expand.”
Council member Carol Keer called the resolution opposing the ADU bill a “matter of policy and philosophy” and said it sends a message about the importance of home-rule authority.
The resolution marks the first time the newly-minted town has formally opposed state legislation.
Riley said there will likely be future issues the town will want to take a position on and asked council members how they should proceed when those come up.
Council member Dan Sullivan said he appreciates the communication the town receives from the Municipal League, which advocates on behalf of local governments. He added that the council should continue to voice its opinion on relevant issues.
Riley said as more bills come forward from the state legislature, the town will make determinations on whether or not to oppose the legislation and may even send a council member to testify at the capitol.