1041 Regulations

Includes site selection, construction and expansion of:

Highways (state and federal)

• Arterial highways;
• Collector highways;
• Interchanges; and
• Bridges.

A 1041 permit may be required if the proposed project meets or exceeds any of the following thresholds:

• An increase in road capacity by at least one vehicle lane through widening or alternative lane configuration;
• Expansion or modification of an existing interchange or bridge.

Includes:

• New wastewater treatment plants;
• New lift stations;
• Interceptor mains and collector sewers

A 1041 may be required if the proposed project meets or exceeds any of the following thresholds:

• Requires a new or expanded easement of greater than or equal to 30 feet wide and greater than or equal to 1,452 feet long, in aggregate for the proposed project;
• Requires a new, or utilizes an existing easement of greater than or equal to 30-feet wide and greater than or equal to 1,452 feet long within any City Natural Area, in aggregate for the proposed project;
• Involves construction, modification or a major extension or expansion of facilities/capacity that will result in a material change;
• Will result in an increase in the rated capacity from CDPHE.

Includes the following, through which a water supply is obtained, stored, sold or distributed for domestic uses or that will be used directly or by trade, substitution, augmentation, or exchange for water that will be used for human consumption or household use:

• Wells
• Water diversions
• Transmission mains
• Distribution mains
• Ditches
• Structures and facilities associated with domestic water treatment or distribution
• Reservoirs
• Water storage tanks
• Water treatment plants or impoundments and their associated structures

A 1041 permit may be required if the proposed project meets or exceeds any of the following thresholds:

• Requires a new or expanded easement of greater than or equal to 30 feet wide and greater than or equal to 1,452 feet long;
• Requires a new, or utilizes an existing easement of greater than or equal to 30 feet wide and greater than or equal to 1,452 feet long within any City Natural Area;
• Involves a major extension of expansion of facilities/capacity that will result in a material change;
• Involves construction or modification of existing systems that result in a material change.

A meeting between the City and the project applicant to define and characterize the project and outline the process for the applicant. The City will provide the applicant with a project-specific checklist of all required submittal materials for application submittal.

The applicant must provide the City with the information listed in Land Use Code Section 6.27.6.3 prior to scheduling their pre-application meeting.

The applicant submits the package of required documentation for the City to review. Applicants must also pay the appropriate application fee (FONSI or Full Permit).

See 1041 Submittal Checklist and Guide(PDF, 2MB).

The City will send mailers out to all occupants within 1,000 feet of the project area, notifying them of the project and providing resources for more information.

This public comment period remains open for 14 days from the date of mailing.

City staff review the application materials and determine if all of the required information has been submitted. The application will not be reviewed until it is deemed complete.

City staff will work with the applicant to prepare additional documentation, technical studies or data that will inform the detailed full permit review.

Once the additional required documentation has been received, the City will again deem the application complete. Applicants are expected to pay the full permit fee after the 15-day FONSI appeal period has passed.

Staff will prepare a recommendation for the Planning and Zoning Commission.

The Director of Community Development will issue a written determination, either authorizing the project to proceed as a FONSI (finding of no significant impact) or requiring it to proceed with a full permit review.

The City has 28 days (from the date the project was deemed complete) to make the notice of determination.

Notice of the determination will also be mailed to the occupants on the initial, 1,000-foot radius mailing list.

Appeals on the Director’s determination to issue a FONSI is subject to appeal to the Planning and Zoning Commission pursuant to Land Use Code Section 6.3.12(D). The Planning and Zoning Commission decision on the appeal is further subject to appeal to City Council pursuant to City Code Chapter 2, Article 2, Division 3.

If the Director determines that a project must undergo a full permit review, the process continues with the following steps.

No sooner than 15-days after the FONSI determination, the applicant will host a neighborhood meeting where they will describe the project and answer community questions.

City staff will also be present to answer questions.

City staff will work with the applicant to prepare any additional documentation, technical studies or data needed for the Full Permit Review. Once the City receives all required materials, the application will be considered complete again.

Applicants must pay the Full Permit fee after the 15-day FONSI appeal period ends.

Staff will then prepare a recommendation for the Planning and Zoning Commission.

The Planning and Zoning Commission will hold a hearing to review the staff recommendation and provide their recommendation on the project to City Council.

City Council will make the final decision on the 1041 application. The hearing must be held no later than 90-days after the application was deemed complete.

Two council readings are required to approve the project.

City Council may vote to approve the project permit, approve the permit with conditions, or deny the project.

• Approve: a permit application may only be approved if the applicant demonstrates that the project, and any proposed mitigation or conditions, complies with the applicable standards in the Land Use Code.
• Approve with Conditions: a permit application may be approved with additional conditions that bring it into compliance with the Land Use Code and all applicable standards.
• Deny: Council may deny the permit application if they feel there is insufficient evidence or if the project including proposed conditions or mitigation, does not comply with the applicable standards of the Land Use Code.

Get weekly updates with the This Week in Development Review newsletter.

Visit the Development Proposals webpage to see all current projects.

Public notifications are made to all addresses within 1,000 feet of any 1041 project, and in some cases, even additional areas.

These mailers are sent out to alert the public of the project and provide details on where interested parties can find more information on the project and provide comments.

Notification mailers will also be sent out when the City has determined that the project can proceed, or if it requires additional permitting.

Neighborhood meetings will be held for 1041 projects that are required to go through full permit review.

Community members are invited to attend neighborhood meetings, hearings and City Council session and to ask questions and share concerns about potential impacts. Meetings are recorded and summarized for decision makers

Neighborhood meetings are hosted by the project applicants and City staff are present to answer questions.

Email comments at any stage to devreviewcomments@fortcollins.gov.

Mail or Public Drop-off:

Neighborhood Development Liaison
281 N. College Ave.
Fort Collins, CO 80524

All official comments are part of the public record, but you may submit comments anonymously if preferred.

Smaller projects are reviewed by staff to determine if there is potential for an adverse impact to eight specific criteria listed in the Land Use Code Section 6.27.6.5. Staff provide a recommendation to the Director of Community Development, who will administratively issue a determination.

Larger projects, or projects that are found to have potential adverse impacts may be required to undergo full permit review and show that the project will not adversely impact the criteria listed in Land Use Code Section 6.27.7. Staff provide a recommendation to the Planning and Zoning Commission, who will then provide a recommendation to City Council. City Council will then vote to approve or deny the project. Two Council readings are required for approval.

You can view development proposals being reviewed by the City on a map or in a searchable database:

Development Proposals

The City’s 1041 review is strictly tied to the review standards listed in the Land Use Code, Section 6.27. Decision makers must determine whether a project has the potential to adversely affect the resources described in the review standards, and if the project complies with City laws and policies.

Effective comments:

• Are specific: “The building is too tall” vs. “I don’t like it”
• Are constructive: Offer suggestions or alternatives to what is being proposed.
• Connect to the Land Use Code:
  • The FONSI review criteria (Section 6.27.6.5(PDF, 25MB))
  • Common review standards (Section 6.27.7(PDF, 25MB))