Colorado Code § 34-1-305

Preservation of commercial mineral deposits for extraction
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(1) After July
1, 1973, no board of county commissioners, governing body of any city and county, city, or
town, or other governmental authority which has control over zoning shall, by zoning, rezoning,
granting a variance, or other official action or inaction, permit the use of any area known to
contain a commercial mineral deposit in a manner which would interfere with the present or
future extraction of such deposit by an extractor.
(2) After adoption of a master plan for extraction for an area under its jurisdiction, no
board of county commissioners, governing body of any city and county, city, or town, or other
governmental authority which has control over zoning shall, by zoning, rezoning, granting a
variance, or other official action or inaction, permit the use of any area containing a commercial
mineral deposit in a manner which would interfere with the present or future extraction of such
deposit by an extractor.
(3) Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or any other
governmental authority which has control over zoning from zoning or rezoning land to permit a
certain use, if said use does not permit erection of permanent structures upon, or otherwise
permanently preclude the extraction of commercial mineral deposits by an extractor from, land
subject to said use.
(4) Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or other governmental
authority which has control over zoning from zoning for agricultural use, only, land not
otherwise zoned on July 1, 1973.
(5) Nothing in this section shall be construed to prohibit a use of zoned land permissible
under the zoning governing such land on July 1, 1973.
(6) Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or any other
governmental authority from acquiring property known to contain a commercial mineral deposit
and using said property for a public purpose; except that such use shall not permit erection of
permanent structures which would preclude permanently the extraction of commercial mineral
deposits.

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