SUBJECT:
Title
An Ordinance of the Town Council of the Town of Erie Affirming the Town's Existing Permitting Review Process for Electric Vehicle Charger Permit Applications and Opting Out of the Adoption of Additional Permitting Requirements in Accordance with House Bill 24-1173
Department
DEPARTMENT: Planning & Development
Presenter
PRESENTER(S): Kelly Driscoll, Planning Manager
Ed Kotlinski, Chief Building Official
end
Time
TIME ESTIMATE: 0 minutes
end
Fiscal
FISCAL SUMMARY:
Cost as Recommended: N/A
Balance Available: N/A
Fund N/A
Line Item Number: N/A
New Appropriation Required: No
Policy
POLICY ISSUES:
State legislation requires municipalities to adopt the model EV Charging Land Use Code, adopt processes and standards that comply with HB 24-1173, or opt out of changes.
Recommendation
STAFF RECOMMENDATION:
Staff recommend the Town Council adopt Ordinance No. 028-2025, opting out of additional permitting requirements for electric vehicle chargers.
Body
SUMMARY/KEY POINTS
• HB 24-1173 requires municipalities to adopt the permitting processes and standards of the State-issued EV Charging Model Land Use Code or of the language in HB 24-1173 directly, or that it opts out completely, by December 31, 2025.
• The Town has permitting processes for EV Charging in place through building code.
• Adopting any land use code changes would complicate the existing process and are unnecessary to accomplish the same goal of efficiently permitting EV chargers.
BACKGROUND OF SUBJECT MATTER:
House Bill 24-1173 requires that municipalities with a population of over 10,000 to take one of the following actions by December 31, 2025:
1. Adopt the permitting process and standards of the EV Charging Model Land Use Code;
2. Adopt the permitting processes and standards directly from HB-1173; or
3. Adopt an ordinance or resolution stating that the Town does not wish to change its existing land use codes and opt out.
The Town of Erie holds the Charging Smart Bronze designation from the Interstate Renewable Energy Council (IREC) and is the first municipality in Colorado and western United States to receive the designation. To earn the designation, Erie completed a series of actions aligned with national best practices including, eliminating zoning barriers for EV charging equipment, adopting a streamlined permitting process for chargers, and collaborating with utility providers to support EV expansion.
EV Chargers are addressed in Title 9 of the municipal code (Building Code) and with the adoption of the 2021 International Energy Conservation Code (IECC). Examining the State’s EV Charging Model Land Use Code (released March 2025) revealed a more complicated process for permitting EV Chargers than the Town’s existing process.
Staff worked with legal counsel and concluded the best course of action would be to opt out of adopting the EV Charging Model Land Use Code. The Town’s existing process is streamlined, transparent and consistent.
priorities
TOWN COUNCIL PRIORITY(S) ADDRESSED:
☐ Attractive Community Amenities
☐ Engaged and Diverse Community
☐ Prosperous Economy
☐ Well-Maintained Transportation Infrastructure
☐ Small Town Feel
☐ Safe and Healthy Community
☒ Effective Governance
☐ Environmentally Sustainable
☐ Fiscally Responsible
attachments
ATTACHMENT(S):
1. Ordinance No. 028-2025