In my opinion, which is all this website represents: Under the Polis administration, state overreach has reached epidemic proportions. Polis loves him some big, bloaty, central-controlled government. As a local government public servant, I believe that the best government is the government closest to home. Municipalities and counties are best suited to serve their local constituents.
Now we’re seeing municipalities sue Polis and Polis lash back at the local governments who dare criticize and question his centralized government fever dreams. Meanwhile, counties are growing disgusted by the number of unfunded mandates pushed on us by Polis and his crew under the Gold Dome. We’re at a tipping point. I am pleased to see my fellow commissioners in Douglas County pursue Home Rule.
I recently joined a Douglas County citizens group for a discussion on home rule and will join the Douglas County Commissioners at a Town Hall meeting on home rule tonight. As I am putting together some notes on County Home Rule, I thought I just as well share them with you here.
Home Rule County Notes
Constitutional References
- Colorado Constitution, Article XIV, Section 16 (County Home Rule)
Authorizes the registered electors of any county to adopt, amend, or repeal a county home‐rule charter; defines mandatory functions that must be provided and permits counties to exercise additional “permissive” powers unless prohibited by charter or constitution. Findlaw - Colorado Constitution, Article XX, Section 6 (Home Rule for Cities and Towns)
Establishes the general home‐rule framework for municipalities; while focused on cities and towns, its structure and principles underpin Colorado’s entire home‐rule tradition (including counties via separate constitutional amendment). Findlaw, Colorado General Assembly
Statutory References
- C.R.S. Title 30, Article 11, Part 5 (§§ 30-11-501 – 30-11-513) – County Home Rule Charters
Lays out the procedure for initiating, drafting, adopting, amending, and repealing a county home‐rule charter. Justia Law - C.R.S. § 30-11-511 – Board of County Commissioners; Home Rule Counties
Specifies that a home-rule county “shall provide all mandatory county functions, services, and facilities” and may exercise permissive powers as authorized by statute, except as limited by charter or constitution. Findlaw - C.R.S. § 30-11-103.5 – County Petitions and Referred Measures
Establishes the process for placing measures on the ballot by petition or referral in both home-rule and statutory counties (to the extent not preempted by charter). Colorado PublicLaw - C.R.S. § 30-11-107 – General Powers of the Board
Grants the board of county commissioners the power to set mileage, adopt resolutions, and exercise authorities “by the method provided in the charter of a home rule county.” Findlaw - C.R.S. Title 30, Article 11, Part 1 (§§ 30-11-1 01 – 30-11-132) – General County Powers and Functions
Defines baseline powers, duties, and organizational provisions for all counties, which home-rule charters may rearrange or supersede (subject to mandatory functions). Justia Law
Together, these provisions form the framework by which Colorado counties may establish home‐rule charters, delineate their own structures, and legislate on local matters while remaining subject to mandatory state‐delegated functions.
Under Article XIV § 16 of the Colorado Constitution (and implementing statutes C.R.S. § 30-11-511 and § 30-35-103), a home-rule county “steps into the shoes” of a statutory county and must continue to provide every service that state law says a county must. In practice, those mandatory county functions (and where you’ll find them in the Colorado Revised Statutes) include:
- Transportation
Counties are responsible for building and maintaining the county road system, budgeting for road and bridge work, and levying the associated taxes.
– C.R.S. § 43-2-101 et seq. (establishes the state, county, and municipal highway systems)
– C.R.S. § 43-2-203 (county road and bridge budget and tax levy) Colorado General Assembly, Casetext - Street Lighting
Counties may install and maintain street-lighting systems under the county public improvement statutes.
– C.R.S. § 30-20-101 et seq. (“County public improvement districts” – authorizes counties to finance and operate improvements such as lighting) Colorado General Assembly - Jails and Detention Facilities
Counties must provide a secure jail for persons arrested or convicted under state or local law.
– C.R.S. § 30-1-101 et seq. (authorizing and governing county jails) Justia Law - Abandoned Property
Counties have the power to take custody of, sell, or otherwise manage abandoned property as prescribed.
– C.R.S. § 38-28-101 et seq. (sale of abandoned personal property)
– C.R.S. § 30-11-101(1)(b) (empowers counties to acquire lands sold for taxes and other real-property functions) Findlaw - Land Management and Planning
Counties oversee land use, zoning, building codes, and the acquisition or leasing of county-owned lands.
– C.R.S. § 30-28-101 et seq. (county zoning and subdivision regulations)
– C.R.S. § 30-11-101(1)(b) (power to purchase and hold real property) Findlaw - Public Health, Safety, and Welfare
Counties must operate or contract for public health services, emergency preparedness, waste disposal, and environmental health programs.
– C.R.S. § 25-1-501 et seq. (local boards of health and county public health authorities)
– C.R.S. § 30-11-101(1)(c) (power to provide hospitals and related health facilities) Colorado General Assembly - Elections and Recordkeeping
Counties must run local elections, maintain voter registration rolls, and serve as the official repository for public records.
– C.R.S. § 1-5-101 et seq. (Colorado Election Code – county clerk and recorder duties)
– C.R.S. § 30-11-101(1)(a) (power to “sue and be sued,” which underpins recordkeeping and archives) Findlaw - Property Assessment and Tax Collection
Counties must appraise property, levy and collect property taxes, and distribute those revenues.
– C.R.S. § 39-5-101 et seq. (county assessor duties)
– C.R.S. § 30-1-102 et seq. (county treasurer fees and duties) Justia Law - Social and Human Services
Counties must administer state-mandated social services programs.
– C.R.S. § 26-1-101 et seq. (county departments of human services)
Each of these functions is “mandatory” because there’s a separate statute (in Title 30 or another title) that says “the county shall ….” A home-rule county cannot opt out of any of these—they remain in effect unless the Charter explicitly addresses them.
“Permissive functions, services, and facilities” are those that a home-rule county may provide if it chooses—but is not required to—so long as state law authorizes them for counties generally. In other words, beyond the “must-do” duties (the mandatory powers), a home-rule county can opt into any of the following “optional” powers that the General Assembly has granted to statutory counties, unless the county charter says otherwise Justia Law, Justia Law.
Common examples of permissive county powers (all drawn from statutes that apply to any Colorado county) include:
- Airports & landing strips
Counties may acquire land for, lay out, construct, maintain, repair, and charge users of airports or landing strips.
– C.R.S. § 30-11-107(1)(10) Justia Law - Public improvement districts
Counties can form and finance special districts to build and operate things like street lights, water systems, and sidewalks.
– C.R.S. § 30-20-101 et seq. (“County public improvement districts”) - Public libraries
Any county may establish or join a county library or library district to maintain library services.
– C.R.S. § 24-90-106(1) (“Any governmental unit … has the power to establish and maintain a public library”) Findlaw - Parks, recreation & open space
Counties may levy a small additional tax for a “park fund” to acquire and maintain parks, boulevards, trails, and recreation facilities.
– C.R.S. § 30-35-201(34)–(35) (park fund; levy up to 1.5 mills) Findlaw
– C.R.S. § 30-20-701 et seq. (authority to create county recreation districts) Justia Law - Water systems & rights
Counties may purchase water rights, construct public wells, cisterns, reservoirs, and supply water (even outside county boundaries), recovering costs by user fees or special assessments.
– C.R.S. § 30-1-101(18), (27)–(28) Colorado General Assembly - Services for the aged & public health
Counties may budget for social, medical, transportation, homemaker, or recreational services for seniors—and generally “provide hospitals and health facilities.”
– C.R.S. § 30-11-107(19) (services for the aged) Justia Law
– C.R.S. § 25-1-501 et seq. (local public health authorities) - Mobile home parks
Counties can regulate, license, and enforce safety or equity rules for mobile home parks in unincorporated areas.
– C.R.S. § 30-11-128 Colorado Public Law
Each of these powers appears in the Colorado Revised Statutes under various titles (e.g., Title 30 for county government, Title 24 for libraries, Title 25 for health). A home-rule county’s charter can choose to exercise any or all of them—or none—so long as the charter doesn’t expressly prohibit that particular power.
Statewide Concern, Mixed State and Local Concern, Local Concern
The concepts of “statewide concern,” “mixed state and local concern,” and “local concern” are critical in determining whether and to what extent state law may preempt a home-rule county’s charter provisions. However, you will not find statutory “definitions” of these terms in Colorado’s Revised Statutes or Constitution. Instead, they arise out of Colorado’s home-rule provisions and have been fleshed out by judicial decisions.
1. Constitutional source texts
- Article XIV § 16, Colorado Constitution (County Home Rule)
- Grants electors of any county the authority to adopt a home-rule charter and to exercise “permissive powers … as may be authorized by statute” (§ 16(4)), implicitly distinguishing between mandatory duties (imposed by statute) and other functions that counties may undertake unless the General Assembly has declared a matter to be of “statewide concern.” Findlaw
- Article XX § 6, Colorado Constitution (Municipal Home Rule)
- Confirms that home-rule cities and towns have “full right of self-government in both local and municipal matters.” It further provides that “matters of statewide concern” may continue to be regulated by the State, and that only those home-rule ordinances addressing purely local matters automatically supersede state law. Local Solutions Support Center, Colorado General Assembly
Note: Although Article XX § 6 speaks in terms of municipalities, the same concern-type analysis has been extended by analogy to counties under Article XIV § 16.
2. Statutory references
- C.R.S. § 30-11-501 et seq. (County Home Rule Charters)
- Sets forth procedures for counties to adopt, amend, or repeal a home-rule charter. Section 30-11-501(1) authorizes counties to exercise “permissive powers” not reserved to the State—implicitly those “not of statewide concern,” although the statute does not define that phrase. Findlaw
- C.R.S. § 30-11-103.5 (Petitions and referred measures)
- Governs how measures (including home-rule charter provisions) are placed on county ballots; again, it operates against the backdrop that counties may legislate on “local matters” unless preempted by state law. Justia Law
No Colorado statute provides a standalone definition of “statewide,” “mixed,” or “local” concern.
3. Who decides what kind of “concern” a matter is?
These are judicially developed categories, determined by Colorado courts (primarily the Colorado Supreme Court) through preemption case law. Key decisions include:
- Voss v. Lundvall Bros., 830 P.2d 1063 (Colo. 1992)
- Articulated the three-part framework:
- Purely local concerns → home-rule ordinances supersede conflicting state statutes.
- Mixed state and local concerns → state law prevails only if there is an actual conflict; otherwise both may coexist.
- Purely statewide concerns → state law completely preempts any conflicting local regulation. Colorado Judicial Branch
- Articulated the three-part framework:
- Town of Frederick v. Board of County Comm’rs, 398 P.3d 353 (Colo. 2017)
- Reaffirmed and refined the Voss framework, applying it to county home-rule charters and emphasizing that the operational conflict test governs in mixed-concern cases. Colorado Judicial Branch
- Webb v. City and County of Denver, 295 P.3d 486 (Colo. 2013)
- Further illustrates how courts weigh the nature and effect of local regulation against statewide schemes to classify concerns. Colorado Judicial Branch
In practice
- Determination: There is no administrative or agency body that classifies a topic; whether something is “local,” “mixed,” or “statewide” concern is a question of law resolved by the judiciary, often only when a conflict is litigated.
- Outcome: If a court finds a matter purely local, a home-rule county’s charter provisions prevail; if mixed, the charter and state law coexist absent direct conflict; if statewide, state law controls entirely.
Summary of key authorities
| Source | Section | Notes |
| Colo. Const. Art XIV § 16 | (1)–(5) | Empowers counties to adopt home-rule charters; distinguishes “permissive powers” (i.e., those not of statewide concern). Findlaw |
| Colo. Const. Art XX § 6 | — | Grants home-rule authority to cities/towns over “local and municipal matters”; implies “statewide concern” preemption. Local Solutions Support Center |
| C.R.S. Title 30, Art 11, Part 5 | §§ 30-11-501 – 30-11-513 | Procedures for county home-rule charters; assumes—but does not define—limitations for things of statewide concern. Findlaw |
| Voss v. Lundvall Bros. | 830 P.2d 1066–68 (Colo. 1992) | Three-part concern test. Colorado Judicial Branch |
| Town of Frederick v. Bd. of Cty. Comm’rs | 398 P.3d 360–62 (Colo. 2017) | Applies preemption framework expressly to county home-rule charters. Colorado Judicial Branch |
This combination of constitutional provisions, enabling statutes, and judicial interpretations constitutes the full framework governing how “concern” is determined in Colorado home-rule county law.
What if State Law is Silent on an Issue
When state law is silent on an issue, a home-rule county in Colorado generally has room to step in and govern so long as the matter is purely “local” and not one of statewide concern. Here’s how and why:
- Home rule gives the county plenary authority over “local concerns.”
Under Colorado’s home-rule scheme, local governments (including counties) may legislate freely on matters of purely local concern. In those areas, a conflicting state law—even if it exists—would be displaced by the county’s ordinance or charter provision Colorado General Assembly, GIFFORDS. - When the General Assembly is silent, the county may act.
If neither the Colorado Constitution nor the Revised Statutes address a particular function, that “gap” means the state has chosen not to regulate it—so long as it truly is a local matter, the county can fill it. Courts have explained that state law “tolerates” anything it does not forbid, giving home-rule units the green light to regulate in those tolerated spaces Colorado Bar Association. - Ordinances vs. charter amendments.
- Ordinances: The board of county commissioners can adopt ordinances on local matters at any time, subject only to voter-referendum or petition provisions in the charter.
- Charter amendments: For more fundamental changes—like creating new county offices, altering election procedures, or permanently embedding a new power—the county must put a charter amendment on the ballot and win voter approval Colorado General Assembly.
- “Matters of local concern” must not conflict with statewide interests.
Before acting, the county should evaluate whether the issue is purely local or has a broader, statewide or mixed character. If it leans toward statewide concern, the General Assembly may later preempt or override the county’s action GIFFORDS.
When neither the Colorado Constitution nor a statute speaks to who controls a particular policy area, both the county and the legislature have room to act—but neither can finally “lock in” the classification without risk of judicial review:
- Board of County Commissioners
- May adopt an ordinance or charter amendment declaring an issue to be one of “local concern,” and thereby vesting themselves (and voters) with home-rule authority over it.
- But that declaration is provisional: if challenged, a court will apply the standard three-part test (purely local, primarily local with minimal statewide impact, or statewide/mixed concern) to decide whether the county truly has plenary power. A self-definition does not bind the courts Colorado LegiSource.
- Colorado General Assembly
- Can enact a statute that expressly classifies a subject as a “matter of statewide concern,” thereby preempting any conflicting local regulation. Under Colorado’s home-rule doctrine, the legislature holds exclusive power to legislate matters of statewide concern Colorado LegiSource.
- But that labeling, too, is subject to judicial scrutiny: courts will look to the substance and scope of the regulation—its statewide reach, uniformity needs, and potential for interstate implications—to confirm that it truly rises to the level of statewide concern.
My Bottom line:
- A Board of County Commissioners of a Home Rule County can draft and even adopt a local-concern ordinance or charter amendment filling the “gap” where state law is silent, but its validity ultimately hinges on a court’s assessment.
- The General Assembly can preempt local action by declaring something a statewide concern in statute, though courts may independently review whether that classification holds up under Colorado’s home-rule jurisprudence.
