Westminster, CO – On Monday, May 19, the City of Westminster, joined with the cities of Aurora, Arvada, Glendale, Greenwood Village, and Lafayette, to file a lawsuit against the State of Colorado and Governor Jared Polis. The lawsuit challenges House Bills 24-1313 and 24-1304, which the cities believe infringe on our constitutional rights as home rule jurisdictions to govern how we plan, grow, and develop our communities for our residents
The new state laws undermine decades of thoughtful community engagement and community-driven planning and development decisions. Westminster’s Comprehensive Plan, which was informed by extensive community input and engagement, is our city’s planning framework, providing for sustainable, strategic growth through 2040 while taking into account the city’s water supply, utility infrastructure, transportation network, parks and recreational facilities, police and fire infrastructure, and local schools. Westminster has also been a leader in addressing the state’s long-existing housing crisis. Projects such as Downtown Westminster and Westminster Station serve as shining examples of our community’s longstanding commitment to strategic planning, affordable housing, environmental stewardship, and smart development.
While it may be commendable that the legislature is attempting to find solutions to the state’s housing challenges, there is no requirement in the laws that developers make any of their housing affordable. These prescriptive laws tie the hands of elected leaders by prohibiting public hearings and requiring the rubber-stamping of high-density residential development projects, with no consideration for the potential impacts on existing or adjacent neighborhoods, shopping areas or schools. Real, sustainable, long-lasting solutions to the state’s housing challenges must account for and respect the unique needs and characteristics of our communities, especially in the face of regional growth pressures.
Westminster is taking this legal action to preserve our autonomy in thoughtfully managing development and ensuring our residents have a strong say in land use decisions.
On Monday, July 14, Mayor Nancy McNally, and the mayors of Arvada, Aurora, Glendale, Greenwood Village, and Lafayette coauthored an open letter to Coloradans vowing to preserve the constitutional right of Home Rule. View the letter below.
What does this mean for a Westminster resident?
We are in the early stages of litigation, and we do not expect any new developments to happen soon. Please stay up to the date on the latest City news by following our digital news section at westy.news and signing up for The Westy newsletter on the top right section of this webpage. The City will provide updates as news develops.
What action did Westminster take on May 19, 2025?
The Cities of Westminster, Aurora, Arvada, Glendale, Greenwood Village, and Lafayette filed a lawsuit against the State of Colorado and Governor Jared Polis. Here is the Complaint.
What is Westminster hoping to achieve through this lawsuit?
The City aims to preserve its autonomy in managing development within the city and ensuring our residents have a strong and meaningful voice in how their community grows and evolves.
What is the lawsuit about?
The lawsuit challenges the laws created by House Bills 24-1313 and 24-1304, which the cities believe violate our constitutional rights as home rule jurisdictions to control how we plan, develop, and manage land use.
What has the governor said in the past about home rule and land use?
In an amicus brief to the Colorado Supreme Court in 2015, Governor Polis wrote the following:
Not only is local governments’ robust land use authority supported legally, it also makes sense from a policy perspective. A local government is elected to represent its community members and is ultimately responsible for preserving the character of the community. Local governments are best suited to meet the unique land use needs of their community through transparent public processes. Local planning involves widespread citizen input and broad stakeholder involvement. When addressing contentious issues, local governments have more opportunities for public participation than a state or federal government. As such, land use tools allow local governments to act consistently with their constituents’ expectations.
Amicus Curiae Brief of Congressman Jared Polis in The City of Fort Collins v. Colorado Oil and Gas Association, No. 15SC668, Colorado Supreme Court (Aug. 17, 2015).
Why does Westminster oppose these laws?
The City believes the laws undermine years of community-driven planning and thoughtful public engagement. The laws also remove decision-making power from elected city councils and exclude community voices from key development decisions.
Does Westminster acknowledge the state’s intent behind these laws?
Yes, the City recognizes that the state is ostensibly attempting to address housing challenges. However, Westminster believes that top-down, one-size-fits-all mandates are not effective and fail to account for the unique characteristics and needs of each community.
What is Westminster’s approach to growth and development?
Westminster follows a Comprehensive Plan that guides sustainable and strategic growth through 2040. It reflects the city’s commitment to smart development, affordable housing, environmental stewardship, and strong community input.
What is the City doing to support and expand affordable housing?
The City completed Housing Needs Assessments in 2016 and again in 2024 to guide policy decisions. In response, Westminster has taken action to diversify housing options, improve affordability, and streamline the development process.
Downtown Westminster and Westminster Station allow higher-density housing and mixed-use development with clear, objective standards — eliminating the need for time-consuming zoning negotiations. These areas are designed to be walkable and transit-connected, helping residents reduce transportation costs.
Affordable housing is a key priority. In Downtown Westminster, 20% of units are income-restricted. At Bradburn Village, 25 of 805 units were capped at an affordable price. At the Uplands development, 300 of 2,350 approved units are reserved for households earning no more than 80% of area median income (AMI).
The City will exceed its commitment under Proposition 123 to deliver 271 affordable units by 2026. Two key developments helped meet that goal:
- Overlook at the Uplands: 247 units at or below 70% AMI, which is $98,000 for a family of four in Adams County.
- Maiker at Uplands: 70 units at or below 70% AMI, including 18 units for individuals with intellectual/developmental disabilities; includes a Head Start program for 64 families
To further increase housing opportunity, Westminster adopted several key policy changes:
- ADUs allowed by right on all single-family lots
- Tiny homes now permitted under updated 2024 building codes
- Occupancy limits relaxed and familial restrictions removed
- Expedited development by ending the annual housing application cycle in 2018
- Updated City code to support condo construction and fair defect resolution
These efforts reflect Westminster’s commitment to building a future with housing options for all income levels, household types, and stages of life.
What is Westminster doing to help people stay in their homes?
We believe that the most affordable housing is the one you’re already living in. Through a range of targeted programs and services, Westminster is helping residents maintain safe, stable, and affordable housing—whether they rent or own.
One standout effort is the Rental Housing Inspections Program, which ensures existing rental homes remain safe and habitable. As one of the handful of cities in Colorado with such a program, Westminster helps preserve the affordability of existing rentals by keeping them in good condition and on the market.
Homeowners benefit from the Emergency and Essential Home Repair (EEHR) Program, which provides up to $10,000 in repairs for income-qualified, owner-occupied households. Emergency work can often begin within days, ensuring critical issues don’t become costly barriers to staying housed.
Utilities and energy costs are another major factor in housing stability. Westminster’s water conservation programs help residents lower water bills, while the Sustainability Program connects residents with solar panel assistance, home energy audits, and access to state and federal tax credits and rebates—all designed to lower monthly expenses and make homes more efficient.
Even property insurance is more affordable in Westminster thanks to the City’s Class 1 ISO fire rating—the highest possible rating for fire protection. This top-tier rating often translates into lower premiums for both renters and homeowners.
Finally, should renters face challenges that require legal assistance, the City funds pro-bono legal services through Colorado Legal Services (CLS). CLS is a non-profit that represent limited-income residents facing evictions, disagreements between landlords and tenants, and other housing related legal issues.
Through these efforts, Westminster is proving that keeping people in the homes they already love isn’t just compassionate—it’s smart, sustainable housing policy.
How is Westminster aligning our growth and development with our water supply?
Westminster’s water supply is limited, and purchasing new water rights is often legally complex, expensive, and time intensive. Thornton and Denver’s decades long attempt to secure new supplies through Larimer County and Gross Reservoir, respectively, highlight challenges to adding new water capacity. The most fiscally responsible path is living within the City’s existing water supply.
That’s why Westminster’s long-term growth plan is closely tied to our existing water supply, and we carefully steward the use of the remaining 2% of Westminster land.
In short, the City is focused on smart, sustainable growth that makes the best use of our existing water supply and infrastructure—so we can keep costs down and continue to provide high-quality service for everyone.