Municipal authority relating to landfill gas

Colo. Rev. Stat. § 31-15-716, under Government - Municipal.

Colo. Rev. Stat. § 31-15-716

(1) To accomplish the purposes specified in section 31-15-715, municipalities are granted the following powers:

(a) To acquire, hold, use, transfer and convey any real property or any interest therein, in fee or a leasehold interest, for purposes of landfill gas exploration, production, and development;

(b) To engage in any and all activities respecting the exploration, development, production, distribution, marketing, and sale of landfill gas to any person or public or private entity, or for municipal uses;

(c) (I) To acquire by gift, purchase, or condemnation necessary easements and rights-of-way, for ingress and egress and for the installation of facilities related to collection and distribution of landfill gas; except that the power of condemnation granted in this paragraph (c) shall not extend to acquisition of landfill gas in place nor shall such power be available to a municipality until the municipality has entered into a contract with the owner of such landfill gas for the development, extraction, and purchase of such landfill gas, and except that such condemnation shall not interfere with the normal use of any real property, or other property appurtenant thereto, which is devoted or dedicated to a public utility use or upon which landfill gas abatement or recovery facilities have been placed in operation and shall be limited to the maximum reasonable width or area necessary to install, operate, and maintain such rights-of-way, ingress and egress, and collection and distribution facilities.

(II) Any interest in real property acquired by condemnation pursuant to this paragraph (c) shall terminate upon the completion of use of such real property, or any interest therein, for landfill gas operations, and any such condemnation shall be in the manner provided in part 1 of article 6 of title 38, C.R.S.

(d) To enter into contracts, including intergovernmental contracts, and to perform all acts necessary to produce, distribute, and market landfill gas;

(e) To issue general obligation bonds, after approval of the qualified electors of the municipality, for purposes of financing the exploration, development, production, distribution, and marketing of landfill gas;

(f) To issue revenue bonds authorized by action of the city council or comparable legislative body, without the approval of the qualified electors of the municipality, for purposes of financing the exploration, development, production, distribution, and marketing of landfill gas. Such revenue bonds shall be issued in the manner provided in part 4 of article 35 of this title for the issuance of revenue bonds by municipalities; except that such revenue bonds may be sold in one or more series at par, or below or above par, at public or private sale, in such manner and for such price as the municipality, in its discretion, shall determine. Such revenue bonds and interest coupons, if any, appurtenant thereto shall never constitute the debt or indebtedness of the municipality within the meaning of any provision or limitation of the state constitution, statutes, or home rule charter, and shall not constitute nor give rise to a pecuniary liability of the municipality or a charge against its general credit or taxing powers, and such revenue bonds and the income therefrom are exempt from taxation, except inheritance, estate, and transfer taxes.

(2) Repealed.

Source: L. 80: Entire section added, p. 653, � 5, effective July 1. L. 2025: (2) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.

Editor's note: Subsection (2) was relocated to � 31-15-700.3 in 2025.

Cross references: For county provisions concerning landfill gas, see �� 30-11-306 and 30-11-307.

31-15-717. Construction and maintenance of equestrian facilities - exception. (1) (a) A municipality may construct and maintain equestrian road crossings or horse-trailer parking necessary to access equestrian trails. Equestrian road crossings may be used by other pedestrians and need not contain infrastructure not normally used for pedestrian road crossings.

(b) A municipality may require a person that is developing land for residential or commercial use to construct equestrian road crossings, horse-trailer parking, or equestrian-safety road improvements in order to obtain the necessary permits.

(c) A municipality may install signs, in accordance with section 31-23-228, that notify the public of equestrian road crossings, horse-trailer parking, or equestrian-safety road improvements.

(2) A municipality may identify locations where equestrian road crossings are needed to safely use horse trails. When a location is identified, the municipality may construct and maintain the equestrian road crossing. The crossing must:

(a) Have appropriate signs notifying road users of the equestrian crossing; and

(b) Be clearly marked on the road.

(3) A municipality shall obtain the permission of the department of transportation to construct an equestrian facility described in subsection (1) of this section on a state highway or a right-of-way for a state highway.

Source: L. 2025: Entire section added, (SB 25-149), ch. 266, p. 1375, � 6, effective August 6.

Editor's note: Section 11(2) of chapter 266 (SB 25-149), Session Laws of Colorado 2025, provides that the act adding this section applies to offenses committed on or after August 6, 2025.

Cross references: For the legislative declaration in SB 25-149, see section 1 of chapter 266, Session Laws of Colorado 2025.