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Colorado Revised Statutes, 1963, as enacted by section 1 of chapter 75, Session Laws of Colorado 970, is hereby REPEALED AND REENACTED, WITH AMENDMENTS, to read: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