RAPID/BulkTransmission/Colorado/Land Access

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Colorado Bulk Transmission Land Access(3-CO)

In Colorado, a bulk transmission developer may need a State Land Right-of-Way from the Colorado State Board of Land Commissioners to access state lands. A developer may also need a State Highway Access Permit and/or a State Utility-Special Use Permit, from the Colorado Department of Transportation for projects that encroach on a state highway right-of-way.

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Determine Which State and Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.


Permitting at a Glance

Colorado Federal

State Land Right-of-Way: Utilities may need a State Land Right-of-Way to construct electric transmission lines across or on state lands. C.R.S. § 36-1-136.
State Land Right-of-Way Agency: Colorado State Board of Land Commissioners
State Highway Right-of-Way: Any person may need a State Highway Access Permit to “construct, relocate, close, or modify project access(es) to a state highway or when there are changes in use of such access point(s).” 2 CCR 601-1 §2.3(3)(a), State Highway Access Code. Alternatively, a utility may need a Utility-Special Use Permit in order to perform any utility accommodation work in a state highway right-of-way. A utility is defined as “any privately, publicly or cooperatively owned line, facility, or system for producing, transmitting, or distributing…electricity…”. 2 CCR 601-18 §2.2.1.1, State Utility Code.
State Highway Right-of-Way Agency: Colorado Department of Transportation
Eminent Domain: Electric transmission companies are "vested with the power of eminent domain" and can obtain rights-of-way by condemnation for transmission lines in the case that developers are unable to secure rights of way through contract. Colo. Rev. Stat. §38-5-105.