Position Paper: Vote NO on HB25-1169 Housing Developments on Faith and Educational Land (“Yes In God’s Backyard”)

Author: Beverly Stables

February 19, 2025

WHAT DOES THE BILL DO?

HB25-1169 forces communities to administratively rezone properties owned by “faith-based organizations” and educational institutions to allow for residential development, regardless of the existing allowed uses or surrounding zone districts. By circumventing existing planning and zoning processes that are readily available to all property owners, “YIGBY” creates a special privileged class of property owners with insufficient guardrails that would promote the creation of affordable housing, protect against fraud or abuse, and ensure a minimum of consistency with community plans.

WHY YOU SHOULD VOTE NO

• HB25-1169, more than any other recent legislation, infringes on constitutional rule authority to regulate zoning, a matter of local concern.
• HB25-1169’s blunt approach rejects long-range community planning and efforts of local governments to comply with 2024 land use legislation.
• HB25-1169 doesn’t limit land speculation or fraudulent circumvention of reasonable planning processes.
• HB25-1169 creates a privileged class of landowners and requires local governments to provide inequitable special treatment.
• HB-1169 is the most aggressive legislation of its type in the nation and lacks connection to affordable housing or protections to prevent fraud, such as long-term prior ownership or definitions that allow for proper implementation.

This proposal is not supported by a demonstrated need or problem with rezoning applications for religious or educational institutions. Local governments have spent significant time and resources on work related to 2024 land use laws, and YIGBY flies in the face of that work. Without affordability standards, nothing in this prevents these institutions from focusing on luxury developments that do not help solve our housing crisis. Further, other entities could take advantage of YIGBY by forming a faith-based organization for only a few years before bypassing zoning ordinances.

CONTACT
Beverly Stables | CML legislative and policy advocate | 978-973-4401 | bstables@cml.org

YOUR OPPOSITION IS RESPECTFULLY REQUESTED
YIGBY is an aggressive, untested, and unconstitutional interference that relies on preemptions, not partnership. The bill establishes the state’s public policy for solving the housing as one of rejecting sound long-range community planning, telling Coloradans that their desires for the future of their communities don’t matter, and leaving the consequences to local governments.


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