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Land use authority

The State Land Board owns land and mineral estate, but we don't work the land ourselves. We lease our assets to other operators. The rent we collect flows to public schools. 

Obtaining a lease with the State Land Board is the first step of a multi-step, public process that occurs before development. Lessees must comply with all local, state, and federal regulations, and lessees are required to obtain necessary local, state, and federal permits.

Unlike other state agencies, the State Land Board is Constitutionally required to comply with all local land use regulations. The pertinent local county government has final decision-making authority regarding what uses are permitted -- or not -- on a trust land parcel. 

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Frequently Asked Questions

Art. IX, Sec, 10(1)(c). of the Colorado Constitution requires that the State Land Board comply with valid local land use regulations. View the Colorado Constitution.

Obtaining a lease with the State Land Board is the first step of a multi-step, public process that occurs before development. Lessees must comply with all local, state, and federal regulations, and lessees are required to obtain necessary local, state, and federal permits.

The State Land Board offers planning leases and production leases. Typically a commercial operator obtains a planning lease prior to obtaining a production lease. Planning leases are short-term and typically the rent is lower than a production lease. No development can occur during a planning lease, but it gives an operator the opportunity to pursue the local, state, and federal permitting requirements.

Per agency policy, production leases require Board approval and are presented publicly at State Land Board meetings. Planning leases typically can be issued by Staff and do not require Board approval. 

In pursuing local permits, often an operator must submit paperwork to the local government office that includes a signature from the landowner to indicate that the landowner is aware of the application. The signature is not an endorsement of the project and is not an indication that the State Land Board will or will not ultimately issue a production lease. 

This proposed project is not currently under consideration by the Commissioners at the State Land Board.

Jefferson County has decision-making authority about this proposed project. Per the constitution, the State Land Board complies with local land-use regulations and land-use plans. The State Land Board will not overrule the county's decision as indicated in a letter publicly submitted to the County on 11/12/2021. Staff from the State Land Board urges members of the public to submit comments to the local Planning Commission at Jefferson County:

Jefferson County Planning Commission
100 Jefferson County Pkwy, Suite 3550
Golden, Colorado 80419

The operator, Shadow Mountain, currently has a planning lease with the State Land Board. As described above, no development can occur with a planning lease. 

If you wish to make a comment, please use our online comment form. Based on your selections on the form, comments are shared with the Commissioners at their monthly meetings during the 'non-agenda public comment' portion of the meeting.

(updated as of 1/31/2023)

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Watch our 90-second video to learn about how trust land is used to earn money for Colorado public schools:

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