By Tori Ganahl | Rocky Mountain Voice
A bill making its way through the Colorado legislature—HB 25-1169, the “Faith and Education Land Use” bill—is under growing scrutiny from local officials, school communities, and everyday Coloradans who see it as a sweeping override of local zoning authority.
The legislation, supported by Democratic lawmakers and Governor Jared Polis’s administration, mandates that cities and counties allow residential development on land owned by churches, K-12 school districts, and public colleges–regardless of existing zoning restrictions or community input.
Framed as a solution to the state’s housing crisis, critics argue the bill does nothing to guarantee affordability, and instead hands over local land-use control to the state under the guise of housing reform.
What HB25-1169 Would Do
Starting December 31, 2026, the bill would require “subject jurisdictions” to approve housing developments on “qualifying properties” owned by religious or educational institutions. The bill:
- Prohibits rejections based on density, setbacks, parking, or unit count
- Allows buildings up to three stories or more if neighboring zoning permits
- Requires streamlined administrative approval, bypassing typical public processes
- Includes no affordability requirements
While advocates claim the bill empowers private property rights, critics say that logic is selective.
“They say it’s about private property rights, but that’s misleading,” said Centennial Mayor Stephanie Piko. “Schools and religious organizations already receive unique operating rules and privileges. It is the surrounding landowners whose property rights are infringed upon as the state takes away their voice and opportunity to participate in what is constitutionally protected by Home Rule authority.”
In an interview with Rocky Mountain Voice, Mayor Piko laid out a key contradiction: the bill seeks to override local zoning under the assumption that it’s the main barrier to housing construction. But according to Piko, thousands of already-approved units sit unbuilt across her region mostly due to financing, liability, and construction costs.
She pointed to Arapahoe County data from 2023 showing over 100,000 approved but unbuilt housing units countywide. “What is the legislature doing to lower the cost of building? Nothing. They keep adding more regulation,” she added.
Despite being sold as a housing affordability solution, HB25-1169 contains no mandate that any housing built be income-restricted.
“They didn’t want to make it too ‘contentious’ or limit the ability of churches to profit,” Piko said. “So instead of encouraging affordability, they removed the requirement altogether.”
What Happens to School Land?
One of the biggest unanswered questions surrounding HB25-1169 is what happens when school properties are closed or repurposed. That question is hitting close to home in Douglas County, where schools like Heritage Elementary and Acres Green Elementary are being considered for closure or consolidation.
A recent parent letter called the closure of Heritage Elementary—one of the district’s highest-performing schools—a “rushed process that hurts families,” noting the school’s award-winning programs and growing enrollment.
Meanwhile, district documents confirm that the Acres Green Elementary building will be retained and potentially used for other “district programming” after its pairing with Fox Creek Elementary—timing that aligns with when HB25-1169 would go into effect.
According to one community member, Superintendent Erin Kane recently said the district is exploring options to create housing for teachers on closed school sites, raising eyebrows about whether HB25-1169 is part of that plan.
On neighborhood forums like Nextdoor, Douglas County residents are expressing concerns that HB25-1169 could be used to push high-density housing into neighborhoods without public input—even on land that residents assumed would remain for schools, parks, or community use.
The amended bill includes language referring to the issue as one of “mixed state and local concern,” which could complicate whether home rule cities or counties can opt out. But as a resident pointed out in an email to RMV, decisions about whether to turn school land into housing “should be made by neighbors who actually live near it—not by politicians at the Capitol.”
In Douglas County, HB25-1169 is intensifying conversations around local control. On March 25, the county commissioners unanimously voted to initiate the process of adopting a home rule charter, giving the county the ability to draft its own framework for governance and reclaim authority over local operations.
The move is seen by many as a direct response to state overreach on issues like land use and school closures.
In a statement, Douglas County Commissioner Kevin Van Winkle said, “We must decisively step away from Denver’s misguided leftist policies, which prioritize ideology over practicality, erode individual freedoms and burden our communities with unsustainable costs.”
While HB25-1169 does not exempt home rule municipalities, some believe it could set off legal challenges over zoning authority.
“If a home rule city like Centennial denies a permit, it could trigger a lawsuit,” said Mayor Piko. “But that’s just going to drive up costs—for cities and for builders. It doesn’t help affordability. It does the opposite.”
Local leaders worry HB25-1169 is just the latest in a series of top-down state bills aimed at weakening local control over land use. From Accessory Dwelling Unit (ADU) mandates to failed efforts to eliminate single-family zoning, many fear the state is on a path to urbanize suburban and rural communities—without their consent.
“This is the same approach we saw in Senate Bill 23-213,” said Piko, referring to the sweeping land-use bill defeated in 2023. “The state blames cities, but they’re not solving the real issues.”
What’s Next?
HB25-1169 has passed the House and is awaiting a second reading in the Senate. Several senators remain undecided, and public pressure may determine whether the bill passes or dies on the floor.
Douglas County, meanwhile, is exploring home rule as a way to reclaim autonomy. An election to form a charter commission is set for June 24.
The central question remains: Should the state be able to override local communities and dictate how churches and schools use their land—or should citizens and cities retain the right to shape their neighborhoods?