17-80-301. Moderate income housing.
(1) A county may only require the development of a certain number of moderate income housing units as a condition of approval of a land use application if: the county and the applicant enter into a written agreement regarding the number of moderate income housing units; the county provides incentives for an applicant who agrees to include moderate income housing units in a development; or the county offers or approves, and an applicant accepts, an incentive described in Sectionor. 17-80-401 17-80-402
(2) If an applicant does not agree to participate in the development of moderate income housing units under Subsectionor, a county may not take into consideration the applicant's decision in the county's determination of whether to approve or deny a land use application. (1)(a) (b)
(3) Notwithstanding Subsectionsand, a county of the third class, which has a ski resort located within the unincorporated area of the county, may require the development of a certain number of moderate income housing units as a condition of approval of a land use application if the requirement is in accordance with an ordinance enacted by the county before January 1, 2022. (1) (2)