Volunteer homeowners’ associations in Colorado Springs, particularly those close to the downtown area, are preparing for another attack on single-family zoning from Governor Polis and the state legislature during the just underway 2026 legislative session. The new proposal is called “lot splitting.” It would allow a single- family homeowner to split their lot into two separate parcels and sell an additional dwelling unit (ADU) on the second lot to a different owner. If adopted by the state legislature, this new law would force home- rule cities, which are supposed to control their own planning and zoning, to turn single-family zoned properties, lot by lot, into two-family zones, thereby progressively doubling the population density in the neighborhood. One of the lead sponsors of the bill is Democratic State Representative Andrew Boesenecker of Fort Collins. The new law builds on a law passed by the state legislature in 2024 and would apply only in heavily populated areas of the state such as the city of Colorado Springs. The 2024 law allowed single-family homeowners to build accessory dwelling units (ADUs) in their backyards and then rent them – only rent them – to separate individuals or families. The proposed law would allow the ADUs to be sold and occupied by separate owners. ADUs are also known colloquially as “granny flats.” State Representative Boesenecker defended his proposed new law this way: “I haven’t been to a single community in the state of Colorado that hasn’t identified housing and housing affordability as a top issue. This issue is not one that simply lives within one municipality or one county. It’s a regional and also a statewide issue that continues to affect folks across our state.” Boesenecker added: “If I create for you an opportunity to split off a portion of your lot to be able to secure your long-term financial future in your home, and also create a homeownership opportunity for somebody else, I think that’s a win.” The Colorado Municipal League, which lobbies for towns and cities at the state legislature, strongly opposed Boesenecker’s proposed legislation. Kevin Bommer, who heads the state Municipal League argued the bill would take away the ability of local communities to govern themselves. The bill also would violate self-governance powers of home rule cities clearly guaranteed in the Colorado constitution. Said Bommer, “Legislators don’t serve on planning commissions. Legislators aren’t involved in zoning discussions. These are purely local issues. Every one of these bills that attempts to say local government shouldn’t have the right to determine these things locally is really aimed at cutting people out of the process.” This battle over state vs. local control of land-use planning and zoning has characterized housing policy at the state legislature during recent years. Proposals by Democratic legislators have been strongly opposed by local city officials who describe them critically as “state overreach.” In Colorado Springs, some neighborhood leaders are concerned that the proposed new law will attract outside investors, who will offer to buy half of an existing homeowners’ lot, hastily build a house on it, and then sell it for a quick profit. There is a real risk, it is said, of shoddy construction and attempts to squeeze as much house and as many people on to the split-lot property as possible. In such a situation, the outside investor will often pay little or no attention to such issues as architectural compatibility and the historic character of the neighborhood. There is also the problem that adding additional homes and families to the neighborhood will also add automobiles and possibly lead to on-street parking problems. Another complication might be that adding large numbers of school children to the neighborhood will lead to overcrowding of the neighborhood’s public elementary, junior high, and high schools. The volunteer neighborhood associations in Colorado Springs will probably take a double-barreled approach to the problem. First, they will strongly oppose the lot-splitting bill at the state legislature, hopefully recruiting their own state representatives and state senators to work against the bill at the state Capitol. If that process fails and the proposed bill is passed and signed into law by Governor Polis, the volunteer neighborhood associations will encourage the Colorado Springs city government not to enforce the new law. There is a real philosophical split between the Democratic Party state legislators in Denver and volunteer Colorado homeowners’ associations over this issue of being able to sell a split-off lot in your backyard to a separate owner. On the one hand, it is good to create new and relatively inexpensive housing for middle to low-income home purchasers. On the other hand, it is a drawback to do this when it so clearly lowers the quality of life in long-existing single-family neighborhoods with up-to-now stable populations. Bob Loevy is a retired professor of political science at Colorado College. He is a resident of the Old North End, a volunteer neighborhood homeowners’ association in Colorado Springs. ...read more read less