Boulder's 1973 Inclusionary Housing program — the first US city such law — requires 25% affordable units in new residential development, with density bonuses and fee-in-lieu options under BRC Title 9 Chapter 13.
Boulder pioneered inclusionary zoning in 1973 and codified the modern version under BRC Title 9 Chapter 13. New residential developments of five or more units must dedicate 25% as permanently affordable, provide cash-in-lieu equivalent to fund off-site affordable housing, or build affordable units on alternative city sites. State law CRS §29-20-104.5 — passed in 2021 to overturn an earlier preemption ruling — now expressly authorizes Colorado municipal inclusionary requirements. Density bonuses, parking reductions, and expedited review can offset the affordability obligation. Boulder Housing Partners administers the long-term affordability covenants, and the city tracks compliance through deed restrictions extending 99 years or longer.
Developers failing to dedicate units or pay cash-in-lieu cannot receive certificate of occupancy; covenant violations on dedicated affordable units trigger city enforcement against owners.
Boulder, CO
Boulder may require landlords to register rental properties with the city and maintain compliance with housing codes. Registration helps ensure rental units ...
Boulder, CO
Boulder's Transit Village Area Plan and mixed-use zoning districts (MU, BMS, BR) under BRC Title 9 concentrate higher-density housing and commercial uses nea...
See how Boulder's density bonus law rules stack up against other locations.
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