# C.R.S. § 26.5-5-310: 26.5-5-310. Compliance with local government zoning regulations - notice to local government

> Colorado · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_T26.5_A5_P3_S26.5-5-310

## Section

- **Citation:** C.R.S. § 26.5-5-310
- **Heading:** 26.5-5-310. Compliance with local government zoning regulations - notice to local government
- **Jurisdiction:** Colorado
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-310

## Text

26.5-5-310. Compliance with local government zoning regulations - notice to local governments - provisional licensure - rules. (1) (a) The department shall require any child care facility seeking licensure pursuant to section 26.5-5-309 to comply with any applicable zoning and land use development regulations of the municipality, city and county, or county where the facility is situated. Failure to comply with applicable zoning and land use regulations constitutes grounds for the denial of a license to a facility.

(b) Notwithstanding subsection (1)(a) of this section to the contrary, the availability of safe, affordable, and licensed family child care homes is a matter of statewide concern. Therefore, permitting fragmented regulation among jurisdictions impedes and infringes upon the department's appropriate and consistent licensing and regulation of family child care homes throughout the state. Accordingly, local governing authorities shall treat family child care homes as residential property use in the application of local regulations, including zoning, land use development, fire and life safety, sanitation, and building codes. Local governing authorities shall not impose any additional regulations governing family child care homes that do not also apply to other residential properties, provided that the foregoing does not restrict an authority's ability to prohibit, on a case-by-case basis, the operation in immediately adjacent residences of two or more large family child care homes, as that term is defined by department rules that govern the operation of family child care homes, or to manage the flow of traffic and parking related to adjacent large family child care homes. Residential use of property for zoning purposes includes all forms of residential zoning and, specifically, although not exclusively, single-family residential zoning.

(2) The department shall assure that timely written notice is provided to the municipality, city and county, or county where a child care facility is situated, including the address of the facility and the population and number of persons to be served by the facility, when any of the following occurs:

(a) A person applies for a license to operate a child care facility pursuant to section 26.5-5-309; or

(b) A license is granted to operate a child care facility pursuant to section 26.5-5-309.

(3) Notwithstanding any other provision of law, in the event of a zoning or other delay or dispute between a child care facility and the municipality, city and county, or county where the facility is situated, the department may grant a provisional license to the facility for up to six months pending resolution of the delay or dispute.

## Nearby sections

- [C.R.S. § 26.5-5-301 26.5-5-301. Short title](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26.5_A5_P3_S26.5-5-301.md)
- [C.R.S. § 26.5-5-302 26.5-5-302. Legislative declaration concerning the protections afforded by regulation](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26.5_A5_P3_S26.5-5-302.md)
- [C.R.S. § 26.5-5-303 26.5-5-303. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26.5_A5_P3_S26.5-5-303.md)
- [C.R.S. § 26.5-5-304 26.5-5-304. Application of part - definition - repeal](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26.5_A5_P3_S26.5-5-304.md)
- [C.R.S. § 26.5-5-305 26.5-5-305. Public preschool provider - licensing - rules](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26.5_A5_P3_S26.5-5-305.md)
- [C.R.S. § 26.5-5-306 26.5-5-306. Substitute child care providers - substitute placement agency - licensing - rule](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26.5_A5_P3_S26.5-5-306.md)
- [C.R.S. § 26.5-5-307 26.5-5-307. Application of part - guest child care facilities - public services short-term c](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26.5_A5_P3_S26.5-5-307.md)
- [C.R.S. § 26.5-5-308 26.5-5-308. Application of part - neighborhood youth organizations - rules - licensing - dut](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26.5_A5_P3_S26.5-5-308.md)
- [C.R.S. § 26.5-5-309 26.5-5-309. Licenses - rules - definition - appropriation - repeal](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26.5_A5_P3_S26.5-5-309.md)
- [C.R.S. § 26.5-5-310 26.5-5-310. Compliance with local government zoning regulations - notice to local government](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26.5_A5_P3_S26.5-5-310.md)
- [C.R.S. § 26.5-5-311 26.5-5-311. Fees - when original applications, reapplications, and renewals for licensure ar](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26.5_A5_P3_S26.5-5-311.md)
- [C.R.S. § 26.5-5-312 26.5-5-312. Application forms - criminal sanctions for perjury](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26.5_A5_P3_S26.5-5-312.md)
- [C.R.S. § 26.5-5-313 26.5-5-313. Applications - materials waivers - appeals - rules](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26.5_A5_P3_S26.5-5-313.md)
- [C.R.S. § 26.5-5-314 26.5-5-314. Standards for facilities and agencies - rules - definition](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26.5_A5_P3_S26.5-5-314.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_T26.5_A5_P3_S26.5-5-310. Check the current official text before relying on it. Not legal advice.
