What is Colorado's 35-acre rule, and what does it mean for mountain land near Denver?

What does the Colorado 35-acre subdivision law say?

• 35 acres is the line. C.R.S. 30-28-101(10)(b) excludes divisions creating parcels of 35 or more acres each from the definition of subdivision, as long as none is intended for multiple owners.
• It dates to 1972. Senate Bill 35 set the threshold and took effect May 5, 1972.
• Smaller splits go through the county. Parcels under 35 acres fall under county subdivision rules.

How do Jefferson, Park and Teller counties apply the 35-acre rule?

• Jefferson County: prove the parcel's age. For a building permit, the county asks for a deed recorded before May 5, 1972 showing the identical legal description.
• Park County: June 1, 1972 cutoff. In the Agricultural zone, tracts under 35 acres created before June 1, 1972 are legal non-conforming lots.
• Park County: no rezoning back. Parcels under 35 acres created later cannot be rezoned into the Agricultural zone.
• Teller County: 35-acre minimum. The A-1 Agricultural zone sets a 35-acre minimum lot size. Smaller parcels go through the Special Exemption Plat process.
• Teller County: one home without central utilities. After May 22, 2008, parcels under 35 acres without central water and sewer get one dwelling.

The county confirms legal-lot status. Ask your title company for the deed history early.

Why does 35 acres matter for water on Colorado land?

• 35 acres or more gets a domestic and livestock well. It serves up to three homes and irrigates up to one acre of lawn and garden, per CSU Extension.
• Under 35 acres gets household use. Most wells drilled on or after May 8, 1972 on smaller parcels are permitted for household use only.
• Check the permit, not the acreage. The Colorado Division of Water Resources confirms what an existing well permit allows.

What should you check before buying 35 acres in the Colorado mountains?

• Legal-lot status. Get the deed history back to the parcel's creation.
• The well permit. Confirm the permit type matches the uses you plan.
• Septic. Confirm the county septic permit path for the soil and slope.
• Access. Confirm recorded legal access and who plows the road.

Call the Kenna Real Estate Group at 303-955-4220 for the deed history, well permit and county map on a parcel before you write an offer.