As used in this part 4, unless the context otherwise requires:
(1) Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used to provide wireless service.
(1.5) Broadband facility means any infrastructure used to deliver broadband service or for the provision of broadband service.
(2) Broadband service has the same meaning as set forth in 7 U.S.C. sec. 950bb (b)(1) as of August 6, 2014, and for the purposes of this section includes:
(a) Cable service, as defined in 47 U.S.C. sec. 522 (6) as of August 6, 2014;
(b) Telecommunications service, as defined in 47 U.S.C. sec. 153 as of August 6, 2014; and
(c) Wireless service, which means data and telecommunications services, including commercial mobile services, commercial mobile data services, unlicensed wireless services, and common carrier wireless exchange access services, as all of these terms are defined by federal law and regulations.
(3) [Editor's note: This version of subsection (3) is effective until January 1, 2026.] Collocation means the mounting or installation of broadband service equipment on a tower, building, or structure with existing broadband service equipment for the purpose of transmitting or receiving radio frequency signals for communications purposes.
(3) [Editor's note: This version of subsection (3) is effective January 1, 2026.] Collocate means the mounting or installation of broadband service equipment on a tower, building, or structure with existing broadband service equipment for the purpose of transmitting or receiving radio frequency signals for communications purposes.
(3.1) [Editor's note: Subsection (3.1) is effective January 1, 2026.] Collocation application means an application for a collocation that results in a substantial change of an existing wireless telecommunications facility.
(3.3) [Editor's note: Subsection (3.3) is effective January 1, 2026.] Local government has the same meaning as set forth in section 29-27-102 (3).
(3.5) Micro wireless facility means a small wireless facility that is no larger in dimensions than twenty-four inches in length, fifteen inches in width, and twelve inches in height and that has an exterior antenna, if any, that is no more than eleven inches in length.
(3.7) [Editor's note: Subsection (3.7) is effective January 1, 2026.] Siting application means an application for a new wireless service facility.
(4) (a) Small cell facility means either:
(I) A personal wireless service facility as defined by the federal Telecommunications Act of 1996, as amended as of August 6, 2014; or
(II) A wireless service facility that meets both of the following qualifications:
(A) Each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and
(B) Primary equipment enclosures are no larger than seventeen cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: Electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch.
(b) Small cell facility includes a micro wireless facility.
(5) Small cell network means a collection of interrelated small cell facilities designed to deliver wireless service.
(6) Structure means any facility, tower, pole, building, or other structure constructed for the sole or primary purpose of supporting broadband facilities or wireless service facilities.
(6.2) [Editor's note: Subsection (6.2) is effective January 1, 2026.] Substantial change has the same meaning as set forth in 47 CFR 1.6100 (b)(7), which implements the federal Spectrum Act of 2012, 47 U.S.C. sec. 1455 (a).
(6.5) Tower means any structure built for the sole or primary purpose of supporting antennas licensed or authorized by the federal communications commission and the antennas' associated facilities, including structures that are constructed for wireless communications services including private, broadcast, and public safety services; unlicensed wireless services; fixed wireless services such as backhaul; and the associated site.
(7) [Editor's note: This version of subsection (7) is effective until January 1, 2026.] Wireless service facility means a facility for the provision of wireless services; except that wireless service facility does not include coaxial or fiber-optic cable that is not immediately adjacent to, or directly associated with, a particular antenna.
(7) [Editor's note: This version of subsection (7) is effective January 1, 2026.] Wireless service facility or facility means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:
(a) Macro and small cell facilities, transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration, but does not include coaxial or fiber-optic cable that is not immediately adjacent to, or directly associated with, a particular antenna; and
(b) The support structure or improvements on, under, or within which the equipment is collocated.
Source: L. 2014: Entire part added, (HB 14-1327), ch. 149, p. 505, � 2, effective August 6. L. 2017: (1), (4), and (7) amended and (1.5), (3.5), and (6.5) added, (HB 17-1193), ch. 143, p. 474, � 2, effective July 1. L. 2025: (3) and (7) amended and (3.1), (3.3), (3.7), and (6.2) added, (HB 25-1056), ch. 434, p. 2506, � 2, effective January 1, 2026.
Editor's note: Section 6 of chapter 434 (HB 25-1056), Session Laws of Colorado 2025, provides that the act changing this section applies to applications filed on or after January 1, 2026.
29-27-403. Permit - approval - deadline - exception. [Editor's note: This version of this section is effective until January 1, 2026.]
(1) A local government may take up to:
(a) Ninety days to process a complete application for:
(I) Location or collocation of a small cell facility or a small cell network; or
(II) Replacement or modification of a small cell facility or facilities or small cell network.
(b) Ninety days to process a complete application that involves a collocation of a tower, building, structure, or replacement structure other than a small cell facility or small cell network; or
(c) One hundred fifty days to process a complete application that involves a new structure or a new wireless service facility, other than a small cell facility or small cell network and other than a collocation.
(2) The time it takes for an applicant to respond to the first request for additional information will not count toward the applicable deadline set forth in subsection (1) of this section only if the local government notifies the applicant within thirty days after the initial filing that the application is incomplete. All other requests for additional information count toward such deadlines.
(3) An applicant and a local government entity may mutually agree that an application may be processed in a longer period than set forth in subsection (1) of this section.
29-27-403. Deemed approval of facilities. [Editor's note: This version of this section is effective January 1, 2026.]
(1) (a) A collocation application or siting application for a wireless service facility submitted to a local government is deemed approved by the local government if:
(I) The local government has not approved or rejected the application within ninety days after the applicant submits an application; except that the period for approval or rejection of a siting application that is not for a collocation or a small cell facility is one hundred fifty days after the applicant submits an application;
(II) The applicant has provided all public notices of the application required under applicable law; and
(III) The applicant has provided notice to the local government that the applicable time period described in subsection (1)(a)(I) of this section has lapsed and that the application is deemed approved pursuant to this section.
(b) A local government may toll the applicable period described in subsection (1)(a)(I) of this section to allow the local government to make timely requests, pursuant to subsection (1)(g) of this section, for information to complete a collocation or siting application. The applicable period described in subsection (1)(a)(I) of this section may also be extended by mutual written agreement of the applicant and the local government.
(c) A local government may also toll the applicable period described in subsection (1)(a)(I) of this section if it determines based on its available resources that it cannot reasonably and adequately review the collocation application or siting application as well as a previously submitted land use application related to housing intended to provide affordable or attainable housing, renewable energy, projects of governmental entities, or any other project, provided that a federal, state, or local law establishes a timeline for review. The period of tolling shall occur only once and shall not be longer than forty-five days to review all other such pending land use applications. The local government shall notify the applicant in writing within thirty days after submission of the collocation application or siting application of the duration of the period of tolling and the reason for its determination. Nothing in this section relieves a local government of its obligation to comply with the timelines for wireless service facility permitting established by federal and state law.
(d) If a local government requires an applicant to obtain a traffic control plan or other permit related to obstruction of, or safety in, a public right-of-way before a collocation or siting application is approved, the applicant shall not commence the construction or substantial change of a wireless service facility pursuant to a collocation or siting application deemed approved pursuant to subsection (1)(a) of this section until the traffic control plan or other permit is obtained.
(e) A local government may seek judicial review of the deemed approval of a collocation application or siting application pursuant to subsection (1)(a) of this section within thirty days after the notice described in subsection (1)(a)(III) of this section is provided to the local government.
(f) A local government shall not:
(I) Unreasonably withhold, condition, or delay approval of the issuance of a traffic control plan or other permit described in subsection (1)(d) of this section to delay the approval of a collocation application or siting application; or
(II) Prohibit or unreasonably discriminate in favor of, or against, any technology in taking action on a collocation or siting application.
(g) If a local government determines that a collocation or siting application is incomplete, the local government shall notify the applicant within thirty days after the submission of the application. The notification must be written, must clearly and specifically identify the missing documents or information that the applicant must submit to render the application complete, and must identify the specific regulation creating the requirement to provide the missing documents or information. Tolling of the period described in subsection (1)(a)(I) of this section begins on the date that the local government provides this notification and ends on the date that the applicant provides the requested information.
(2) Except as otherwise expressly provided in this section, nothing in this section limits or affects the authority of a local government over the placement or construction of a wireless service facility.
(3) Nothing in this section supersedes, nullifies, or otherwise alters generally applicable and nondiscriminatory building, electrical, fire, or other safety requirements.
(4) Nothing in this section shall be interpreted or implemented in a way that prevents a local government from promptly acting on any other permit for use, occupation, installation, modification, repair, or operation in the public rights-of-way, including but not limited to permits for broadband facilities.
(5) Notwithstanding any other provision of this section, an applicant seeking to construct a facility within the exterior boundaries of an Indian reservation on land owned by the tribe must obtain the written consent of the applicable tribal government.
Source: L. 2014: Entire part added, (HB 14-1327), ch. 149, p. 506, � 2, effective August 6. L. 2017: (1) and (3) amended, (HB 17-1193), ch. 143, p. 475, � 3, effective July 1. L. 2025: Entire section R&RE, (HB 25-1056), ch. 434, p. 2507, � 3, effective January 1, 2026.
Editor's note: Section 6(2) of chapter 434 (HB 25-1056), Session Laws of Colorado 2025, provides that the act changing this section applies to applications filed on or after January 1, 2026.