DEPARTMENT OF REGULATORY AGENCIES
DIVISION OF REAL ESTATE
CONSERVATION EASEMENTS
4 CCR 725-4

NOTICE OF PROPOSED PERMANENT RULEMAKING HEARING
April 5, 2017

RULE Chapter 1.  DEFINITIONS  
Pursuant to and in compliance with Title 12, Article 61 and Title 24, Article 4, C.R.S. as amended, notice of proposed rulemaking is hereby given, including notice to the Attorney General of the State of Colorado and to all persons who have requested to be advised of the intention of the Colorado Department of Regulatory Agencies and the Division of Real Estate to promulgate rules, or to amend, repeal or repeal and re-enact the present rules related to conservation easements.

STATEMENT OF BASIS
The statutory basis for the rules titled Conservation Easements is Chapter 7 of Title 12, Article 61, Colorado Revised Statutes, as amended.  
STATEMENT OF PURPOSE
The purpose of this rule is to effectuate the legislative directive to promulgate necessary and appropriate rules in conformity with the Colorado Revised Statute.

SPECIFIC PURPOSE OF THIS RULEMAKING
The specific purpose of this rule is to define key terms pertaining to the conservation easement program.
Proposed New, Amended and Repealed Rules
[Deleted material showed struck through, new material shown ALL CAPS. Rules, or portions of rules, which are unaffected are reproduced.  Readers are advised to obtain a copy of the complete rules of the Division at http://www.sos.state.co.us]

Chapter 1: Definitions
1.6	Days: Calendar BUSINESS days for the purposes of implementing section 12-61-727, C.R.S.  
1.7	Deemed Complete: The application pursuant to section 12-61-727, C.R.S. FOR CERTIFICATION, A TAX CREDIT CERTIFICATE OR A PRELIMINARY ADVISORY OPINION is date stamped by the Division and includes, at a minimum, the final appraisal, the recorded conservation easement deed, baseline document report and THE prescribed nonrefundable fee AND THE ACCOMPANYING REQUIRED DOCUMENTATION AS FURTHER DESCRIBED IN CHAPTERS 2, 3 AND 4 OF THESE RULES.

1.19	CONTIGUOUS: FOR PURPOSES OF SECTION 12-61-727, C.R.S., CONTIGUOUS MEANS PHYSICALLY TOUCHING, SHARING AN EDGE, BOUNDARY, OR CORNER. CONTIGUITY WILL NOT BE BROKEN BY A NATURAL OR ARTIFICIAL WATERWAY. LANDS SEPARATED BY A RIGHT-OF-WAY DEDICATED IN FEE SIMPLE WILL NOT BE CONSIDERED CONTIGUOUS. 
1.20	INVALID PAYMENT: OCCURS IF THE FEES ACCOMPANYING THE APPLICATION FOR CERTIFICATION, A TAX CREDIT CERTIFICATE OR A PRELIMINARY ADVISORY OPINION TO THE DIVISION ARE PAID FOR BY CHECK AND THE CHECK IS NOT IMMEDIATELY PAID UPON PRESENTMENT TO THE BANK UPON WHICH THE CHECK WAS DRAWN, OR IF PAYMENT IS SUBMITTED IN ANY OTHER MANNER, AND PAYMENT IS DENIED, RESCINDED OR RETURNED AS INVALID, THE APPLICATION WILL BE DEEMED INCOMPLETE AND CANCELED. THE APPLICATION WILL ONLY BE DEEMED COMPLETE AS PRESCRIBED IN RULE 1.7 IF THE DIVISION HAS RECEIVED PAYMENT OF ALL APPLICATION FEES TOGETHER WITH ANY FEES INCURRED BY THE DIVISION INCLUDING THE FEE REQUIRED BY STATE FISCAL RULES FOR THE CLERICAL SERVICES NECESSARY FOR THE DIVISION MAILING NOTIFICATION OF AN INCOMPLETE APPLICATION.

A hearing on the above subject matter will be held on Wednesday, April 5, 2017, at the Ralph L. Carr Colorado Judicial Center, 1300 Broadway, Conference Room 1C, Denver, Colorado 80203 beginning at 10:00 a.m.
Any interested person may participate in the rule making through submission of written data, views and arguments to the Division of Real Estate. Persons are requested to submit data, views and arguments to the Division of Real Estate in writing no less than ten (10) days prior to the hearing date and time set forth above. However, all data, views and arguments submitted prior to or at the rulemaking hearing or prior to the closure of the rulemaking record (if different from the date and time of hearing), shall be considered.
Please be advised that the rule being considered is subject to further changes and modifications after public comment and formal hearing.