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Local Government EV Charging Permitting

Local Government EV Charging Permitting

Encouraging local governments to adopt land use codes for a more streamlined EV charging permitting process.

Contact Information:
Jaxon Fagan, jaxon.fagan@state.co.us

Background

The 2023 Colorado EV Plan estimates that Colorado needs about 7,500 electric vehicle (EV) charging ports by 2025 to achieve our EV goals. To enable this robust charging network across the state, local governments may need to adjust their permitting processes to facilitate this new type of land use. To support local governments in this work, the Colorado Energy Office (CEO) met with local governments and charging developers in 2023 to discuss permitting challenges and solutions and published the findings in a study.
View EV Charging Permitting Study

Close-up of an electric vehicle charging station plug in a holster with a blue and white color scheme, indicating a clean energy source. The focus is on the handle of the plug, which is white with black accents and a textured grip, against a softly blurred background.

Electric Vehicle Charging System Permits Law

Following this study, Colorado passed the Electric Vehicle Charging System Permits law (HB24-1173) in 2024. This law encourages local governments to adopt land use permitting processes and standards for public charging projects to foster more streamlined, transparent, and consistent permitting processes.

Municipalities with 10,000 or more people and counties with 20,000 or more people as of the 2020 Federal Census (“subject jurisdictions”) are required to take at least one of the following compliance actions by December 31, 2025:

  • Adopt the permitting processes and standards from the EV Charging Model Land Use Code;
  • Adopt the permitting processes and standards prescribed by HB24-1173;
  • Adopt an ordinance or resolution stating that the local government does not wish to change its existing land use codes and opts out of revising its codes. 

Subject jurisdictions are required to submit two reports to the Colorado Energy Office.

  • Compliance Report: By March 1, 2026, a report that confirms the compliance action completed (i.e. which of the three compliance options outlined above the jurisdiction has implemented).
  • Outcomes Report: By January 31, 2027, a report that outlines the permitting durations and final decision for each EV charging development application received between December 31, 2025 and December 31, 2026.

EV Charging Model Land Use Code

In coordination with representatives from local governments, disproportionately impacted communities, electric utilities, and other stakeholders, CEO has developed an EV Charging Model Code. The code includes recommended land use permitting standards and processes and guidance to help local governments integrate its recommendations into their existing land use codes.
View EV Charging Model Code

CEO is accepting feedback from stakeholders on the Model Code through April 2025. Based on the feedback we receive, CEO may revise the Model Code and publish the final version no later than May 2025. If you are a local government subject to the law, we would appreciate your review and feedback on the Model Code.
View list of subject jurisdictions
Submit feedback on the Model Code

Support for Local Government Model Code Adoption

HB24-1173 requires CEO to support local governments with Model Code adoption and implementation. CEO will provide support in two ways:

Code Adoption Support

The State will provide on-call land use code adoption support to local governments through a land use code consultant, who will be available to help local governments adopt the Model Code into their existing land use codes. Local governments may request a variety of types of support, such as:

  • Review of existing local government codes to identify appropriate locations to integrate model code standards
  • Suggested revised code language
  • Guidance on messaging for the general public, local government staff, and elected officials to support acceptance and adoption of codes
  • Attendance at local government staff and/or elected body meetings

Staff Training

Through the same land use consultant, the State will also provide staff training materials to help local government planning staff learn how to interpret and apply the permitting standards and processes of the model code to EV charging projects. Training methods will include a staff training manual, online webinars with planning staff, and downloadable training presentations. The training materials will cover topics like:

  • Basics of EV charging projects (where they are typically sited, typical dimensions and appearance, typical amount of users per day)
  • What kinds of charging projects are subject to land use permitting under the model code
  • The types of standards and processes required by the model code
  • How to apply the standards and processes of the model code to charging permit applications
  • Common permitting challenges and how to resolve them
  • Community context considerations (rural, suburban, rural)

Implementation Timeline:

  • March 31, 2025: CEO published the model code guidance
  • Spring 2025 - End of 2025: CEO to provide on-call code adoption support
  • Summer/Fall 2025: CEO to provide staff training to local governments
  • December 31, 2025: Local governments to complete compliance action
  • March 1, 2026: Local governments to provide compliance reports to CEO