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(b) In developing its land use planning program, the commission shall recognize that the decision-making authority as to the character and use of land shall be at the lowest level of government possible, consistent with the purposes of this article. In this regard, the commission may establish criteria by which land use management problems will be classified as matters of state concern, matters of regional concern, matters of local concern, or such other classification as the commission may deem necessary and proper. Furthermore, the commission shall specifically include in its land use planning program the roles, responsibilties, and authority of the various levels and agencies of government.

(c) The commission shall appoint, with approval of the governor, and consult with an advisory committee in the preparation of the land use planning program. Such advisory committee shall exist until January 10, 1974, and shall include, but need not be limited to, one representative of each of the following interests: Utilities, communication, transportation, petroleum, municipal government, county government, regional planning commissions, conservation, livestock, construction, Negro community, Mexican American commuity, mining, industrial, agriculture, land development, recreation, timber, real estate, and water, but at least one member of the advisory committee shall be appointed from each planning region of the state designated by the state planning office.

(d) Four members of the general assembly shall also be appointed to the advisory committee to the commission to serve to January 10, 1974. Two members shall be appointed by the speaker of the house of representatives, one member from each of the two major political parties; and two members shall be appointed by the president of the senate, one member from each of the two major political parties.

(e) In the preparation of the land use planning program, the commission shall hold such public hearings as it deems necessary, but in any event at least one meeting shall be held in each planning region of the state designated by the state planning office.

(f) (i) In order that environmental and ecological factors may be given equal consideration to technical factors in the site selection of athletic events for the winter olympic games of 1976, the commission is empowered to:

(ii) Cooperate with the Denver organizing committee for the 1976 olympics, incorporated, the United States olympic committee, and the international olympic committee in the site selection for the olympic events;

(iii) Cooperate and contract with any other state agency created by law to participate in planning the olympics:

(iv) Accept, on behalf and in the name of the state, gifts, donations, and grants, including grants of federal funds, for any purpose connected with the goals of this section. The commission shall have the power to direct the disposition of any such gift, donation, and grant so accepted for any purpose consistent with the terms and conditions under which given:

(v) The basic duties and responsibilities of the commission regarding the 1976 winter olympics shall be: Evaluation of community impacts and other considerations related thereto; potential land consumption rates; and public investment programming and planning; and the commission shall designate to the governor the general and specific information necessary for the commission to perform its duties, and the governor shall require the Denver organizing committee or any state or other agency to furnish or agree to furnish such information before the governor approves the payment of any state moneys to such committee or agency:

(vi) Specific recommendations and implementation measures developed by the commission shall be transmitted with adequate supporting materials to the governor and the general assembly for their action;

(vii) Cooperate and consult with local officials in communities in which the olympic events are to be located to develop land use controls and insure that they are adequate to protect the environment;

(viii) In the event local municipalities or counties in which the olympic events are to be located fail to provide land use controls with adequate environmental safeguards, the land use commission, upon the recommendation of the governor, is empowered to take steps to establish adequate land use regulations.

(2)(a) Whenever in the normal course of its duties as set forth in this article the land use commission determines that there is in progress or proposed a land development activity which constitutes a danger of irreparable injury, loss, or damage of serious and major proportions to the public health, welfare, or safety. the commission shall immediately give written notice to the board of county

commissioners of each county involved of the pertinent facts and dangers with respect to such activity. If the said board of county commissioners does not remedy the situation within a reasonable time, the commission may request the governor to review such facts and dangers with respect to such activity. If the governor grants such request, such review shall be conducted by the governor at a meeting with the commission and the county commissioners of the counties involved. If, after such review, the governor shall determine that such activity does constitute such a danger, the governor may direct the commission to issue its written cease and desist order to the person in control of such activity. Such order shall require that such person immediately discontinue such activity. If such activity, notwithstanding such order, is continued, the commission may apply to any district court of this state in which such activity is located for a temporary restraining order, preliminary injunction, or permanent injunction, as provided for in the Colorado rules of civil procedure. Any such action shall be given precedence over all other matters pending in such district court. The institution of such action shall confer upon said district court exclusive jurisdiction to determine finally the subject matter thereof.

(b) In the event the commission issues such cease and desist order, or a district court issues such a temporary restraining order, preliminary injunction, or permanent injunction, the commission shall then proceed immediately to establish the planning criteria necessary to eliminate or avoid such danger. The appropriate local governmental agency or agencies shall then take immediate action to implement the aforementioned planning criteria.

(c) Where such a land development activity is located wholly within a city, city and county, or town, the city council or board of trustees shall have such a jurisdiction and be subject to such requirements of this subsection (2) as are otherwise applicable to the board of county commissioners.

Section 4. 106-4-4, Colorado Revised Statutes, 1963, as enacted by section 1 of chapter 75, Session Laws of Colorado 970, is hereby REPEALED AND REENACTED, WITH AMENDMENTS, to read :

106-4-4. Model resolutions—subdivisions—improvement notices. (1) the Colorado land use commission shall, after consultation with its advisory committee, develop model resolutions to serve as guidelines for county planning commissions in developing the subdivision regulations required by section 106-2-34. Such resolutions shall be developed prior to January 1, 1972. Such model resolutions shall include provisions for criteria, standards, technical processes, and operational procedures as required by section 106-2-34 or as may be required by any other law setting or authorizing state standards for subdivisions.

(2) The Colorado land use commission shall, after consultation with its advisory committee, develop model resolutions to serve as guidelines for county commissioners in developing improvement notice regulations. Any such improvement notice regulations shall not apply to areas within incorporated areas of a county or to unincorporated areas of a county in which building permits are required. In addition, improvement notice regulations shall exempt from the provisions thereof minor or nominal improvements, additions, remodeling, or dwellings which do not alter the existing land use and are incident thereto.

(3) For the purpose of aiding the land use commission in the gathering of information, every county in the state, through its board of county commissioners, shall develop, adopt, and enforce improvement notice regulations for all the land within the unincorporated areas of the county not later than January 1, 1972. Such regulations shall not apply to any unincorporated area in which building permits are required. In addition, improvement notice regulations shall exempt from the provisions thereof minor or nominal improvements, additions, remodeling, or dwellings which do not alter the existing land use and are incident thereto. Copies of such improvement notices or building permits shall be supplied to the land use commission so that it may perform its duties and responsibilities under article 4 of this chapter. The land use commission may prescribe summary forms which can be submitted to it in lieu of copies of such notices or permits.

(4) (a) The land use commission shall, after consultation with its advisory committee, develop model resolutions to serve as guidelines for county commissioners, city councils, town boards and special districts and authorities in developing land uses and construction controls within designated floodways.

(b) The commission shall, in its progress report, due February 1, 1972, designate critical areas in the state where a 100-year (storm return frequency) floodway should be identified and shall aid the state agencies and local govern

ments having jurisdiction over such critical areas in adopting a program for such identification. The purpose of identifying a floodway is to insure that life and property are protected, that the expenditure of public funds to clean up flood damage is kept to a minimum, that a high volume of water runoff can be accommodated, and that impediments to this flow are held to a minimum. The commission shall designate critical conservation and recreation areas and recommend state involvement in land use in such areas.

(c) The commission shall include a report on land uses and construction within floodways in its interim and final land use planning programs. Section 5. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, to the office of the governor for allocation to the Colorado land use commission, for the fiscal year beginning July 1, 1971, the sum of two hundred eighty-two thousand two hundred sixty dollars ($282,260), or so much thereof as may be necessary, for the administration of article 4 of chapter 106, C.R.S. 1963.

Section 6. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.

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