Data-center law in Colorado

Subnational jurisdiction · as of 2026-09-06

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Colorado's data-center permitting spine runs through county or municipal land-use approval under the state's zoning enabling statutes, a county-option building and energy code (Colorado has no single mandatory statewide building code), a Colorado Discharge Permit System permit covering construction-site discharges and an Air Pollution Prevention and Control Act permit for generator fleets, both administered by the Department of Public Health and Environment, appropriation of designated groundwater, and a Public Utilities Commission certificate of public convenience and necessity for new utility construction and grid extensions.

Colorado has enacted no data-center-specific sales and use tax exemption or siting statute as of the date shown. Colorado has no environmental-review statute comparable to the California Environmental Quality Act, so review of a data-center project is confined to the specific air and water discharge permits the project separately requires.

Instruments on record

7 instruments on record, grouped by the family of approval each one governs.

Land use

Who decides whether a data center may occupy a site, and through what approval?

County zoning (enabling statute)

In force

C.R.S. 30-28-111

Applies to both

Authorizes the county planning commission, or the board of county commissioners in a county without one, to adopt a zoning plan regulating the height, bulk, and use of buildings and the use of land for trade, industry, residence, recreation, public activities, or other purposes in unincorporated county territory. A data center proposed on unincorporated county land is zoned, conditioned, or granted a variance under this enabling authority.

The current code text does not state a single day-precise commencement date for this framework, which has been amended repeatedly since its original enactment.

Source: Full text of law

Municipal zoning (enabling statute)

In force

C.R.S. 31-23-301 et seq.

Applies to both

Empowers the governing body of a municipality to regulate the height, density, and location and use of buildings and land, including zoning for trade and industry. A data-center project sited within a municipality is zoned, conditioned, or granted a special exception under this enabling authority. The current code text does not state a single day-precise commencement date for this framework, which has been amended repeatedly since its original enactment.

Source: Full text of law

Energy and grid

What authorizations govern grid connection and onsite generation?

Certificate of public convenience and necessity for utility construction

In force

C.R.S. 40-5-101

Applies to both

Requires a public utility, including an investor-owned or municipal electric utility, to obtain a Public Utilities Commission certificate of public convenience and necessity before constructing or extending a new facility, plant, or system, and separately requires the utility's new construction to comply with local zoning. A utility's grid build-out to interconnect a large data-center load proceeds under this authority.

The current code text does not state a single day-precise commencement date for this framework, which has been amended repeatedly since its original enactment.

Source: Full text of law

Water and utilities

Who commits water and sewer service, and under what assessment?

Designated groundwater appropriation

In force

C.R.S. 37-90-102 et seq.

Applies to both

Declares designated groundwater subject to appropriation for beneficial use and directs full economic development of designated groundwater resources subject to protection of vested rights. A data center drawing well water from a designated groundwater basin obtains its supply through an appropriation administered under this article by the Colorado Ground Water Commission.

The current code text does not state a single day-precise commencement date for this framework, which has been amended repeatedly since its original enactment.

Source: Full text of law

Construction

What codes and permits govern the build itself?

Colorado Discharge Permit System

In force

C.R.S. 25-8-501 et seq.

Applies to both

Bars any person from discharging a pollutant into state water from a point source without first obtaining a Colorado Discharge Permit System permit from the Water Quality Control Division. Land-disturbing construction activity for a data-center campus that discharges pollutants, including sediment-laden runoff, to state waters requires permit coverage under this authority.

The current code text does not state a single day-precise commencement date for this framework, which has been amended repeatedly since its original enactment.

Source: Full text of law

County building and energy code authorization

In force

C.R.S. 30-28-201, 30-28-211

Applies to both

Authorizes, but does not require, a board of county commissioners to adopt ordinances and a building code for the unincorporated territory of the county. A county that adopts a building code must also adopt and enforce a building energy code meeting or exceeding one of the three most recent International Energy Conservation Code versions. The current code text does not state a single day-precise commencement date for this framework, which has been amended repeatedly since its original enactment.

Source: Full text of law

Air and operations

What permits govern backup generators and ongoing emissions?

Air pollutant construction and operating permit program

In force

C.R.S. 25-7-114.2 et seq.

Applies to both

Bars any person from constructing or substantially altering a building, facility, structure, or installation that will constitute a new stationary or indirect source of air pollution without first obtaining a construction permit from the Air Pollution Control Division. A data center's backup generator fleet obtains a construction permit under this section once it meets the major or synthetic minor source thresholds defined at section 25-7-114.

The current code text does not state a single day-precise commencement date for this framework, which has been amended repeatedly since its original enactment.

Source: Full text of law

Every entry cites the instrument it describes. None of it is legal advice: verify a citation before relying on it. Full sourcing: read the methodology. The rest of the record: all jurisdictions.