To: Board of County Commissioners
Through: Bryan Weimer, Director, Public Works & Development
Prepared By:
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Molly Orkild-Larson, Principal Planner, Public Works & Development; Raye Fields, Planner I, Public Works & Development
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presenter
Presenter: Molly Orkild-Larson, Principal Planner, Public Works & Development; Raye Fields, Planner I, Public Works & Development
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Subject:
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2:15 PM *LDC25-001-Land Development Code Amendment for Electric Vehicle Charging Stations
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Purpose and Request:
recommended action
Staff is seeking direction from the Board of County Commissioners (BOCC) to amend the Land Development Code (LDC) to include electric vehicle (EV) standards as required by House Bill 24-1173 (HB24-1173).
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Background and Discussion: The Colorado State Legislature passed HB24-1173, and Governor Polis signed it into law on May 21, 2024. The law requires subject municipalities (with 10,000 and more residents) and counties (with 20,000 and more residents) to implement one of the three compliance EV charger options into their land development codes. The goal of HB24-1173 is to expand EV use, cost-effectiveness, convenience, and viability across the state and to advance Colorado’s goals to reduce local air pollution and greenhouse gas emissions. This bill also encourages a more standardized and streamlined local permitting process for EV charging development.
As per HB24-1173, “A county permitting agency shall approve, conditionally approve, or deny an application for an EV Charger permit using the county’s administrative review process to determine if the proposed electric motor vehicle charging system is in compliance with the county’s objective standards.” This code amendment needs to be incorporated into the Arapahoe County LDC on or before December 31, 2025.
The law includes several mandates:
- Jurisdictions must allow EV charging as a use by right with an administrative process for most zoning districts
- Land use permits such as site plans may only be required for Direct Current Fast Charging
- Jurisdictions may not require conformance updates such as meeting current lighting or landscaping requirements for existing primary uses if that property is proposing an Accessory Use EV Charging area
- Jurisdictions must count EV charging spaces towards applicable minimum parking requirements
- Jurisdictions may not require screening/landscaping that conflicts with national electrical safety and access standards
- On or before March 1, 2026 the county must submit a report to the Colorado Energy Office describing the county’s compliance with the law
- On or before December 31, 2027, the county must report to the Colorado Energy Office documenting the county’s final determination on every EV charger permit between 12/31/2025 and 12/1/2026. The report must also document the duration between finding each application complete and final determination on that application.
HB 24-1173’s three compliance options include: Compliance Option 1: EV Charging Model Code Adoption; Compliance Option 2: Statutory Code Adoption; and Compliance Option 3: Retain Existing Permitting Process and Standards. These options are further discussed below.
Discussion - Compliance Options 1-3
Compliance Option 1: EV Charging Model Code Adoption
Adopt the permitting standards and processes from the Colorado Energy Office’s (CEO) Colorado Electric Vehicle Charging Model Land Use Code and Guidance document. The Model Code provides definitions, standards, and a streamlined process. Adopting the Model Code and incorporating into our Land Development Code would meet the state code mandates. In addition, the CEO will provide code adoption support by on-call consultation, including:
- Review of existing land use codes to identify appropriate locations to integrate model code standards.
- Suggest how to revise the existing code language.
- Guidance on messaging for the public, local government staff, and elected officials to support the modal code adoptions.
- Attendance at local government staff and/or elected body meetings.
- Training of staff through a manual and online to educate County staff on how to interpret and apply the EV Charging Model Code standards.
Compliance Option 2: Statutory Code Adoption
Adopt an ordinance or resolution that establishes a permitting process for “EV Charger Permit” applications, consistent with the permitting standards and process requirements of C.R.S. 30-28-213 (4) and (5). Subject jurisdictions that choose this compliance path should refer to the statute to ensure they understand the requirements. The CEO does not provide technical assistance or training for jurisdictions using this compliance path.
Compliance Option 3: Retain Existing Permitting Process and Standards
Keep the existing EV charging permitting process and review standards in the land development code. This is not an option for Arapahoe County, as we do not currently have an existing EV permitting process in the LDC.
Fiscal Impact: Staff would charge a review fee, as is standard practice for project reviews.
Alignment with Strategic Plan:
☒Be fiscally sustainable
☒Provide essential and mandated service
☒Be community-focused
Staff Recommendation: Staff recommends Compliance Option 1: EV Charging Model Code Adoption. By using the provided EV Charging Model Code Adoption for compliance provided by the CEO, staff will have resources to merge provided code updates into existing code with assurance that LDC will be up to state standards and requirements.