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.
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
|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 §220.127.116.11, 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.|