Summary: Boulder County has enacted Resolution 2024-070, establishing a temporary six-month moratorium on new residential construction that exceeds the median home size in unincorporated areas of the county.
Effective from January 17, 2025, to July 17, 2025, this pause significantly reduces the maximum allowable Presumptive Size Maximum (PSM) from 125% to 100% of the neighborhood median square footage. The moratorium aims to address concerns about increasing home sizes, affordability, and environmental impact while the county evaluates and drafts permanent amendments to the existing Land Use Code. Projects already approved or submitted before the effective date, as well as wildfire rebuilds and smaller additions, are exempt.
Table of Contents
- Understanding Boulder County’s Temporary Moratorium
- What’s Different Under the Moratorium?
- What Projects Are Affected?
- What’s Not Affected?
- Why Is This Happening?
- How Can You Stay Informed?
- FAQ
Understanding Boulder County’s Temporary Moratorium on Larger Residential Construction
Boulder County recently enacted Resolution 2024-070, a temporary moratorium on new residential construction projects exceeding the median square footage of homes in their respective neighborhoods. This moratorium, effective January 17, 2025, and set to expire on July 17, 2025, applies exclusively to unincorporated areas of the county. While this pause is in effect, county officials will evaluate potential amendments to the existing Land Use Code, particularly those governing residential floor area.
For homeowners, builders, and industry professionals, understanding the details of this moratorium is critical for planning future projects. In this article, we break down the key points.
What’s Different Under the Moratorium?
Boulder County stands apart from many municipalities by determining allowable square footage based on neighborhood averages rather than lot size. Previously, homeowners could build up to 125% of their neighborhood’s median square footage—a figure known as the Presumptive Size Maximum (PSM).
Under the moratorium, the PSM has been reduced to 100% of the neighborhood median. For example, if the median square footage in a neighborhood is 4,000 square feet, homeowners could previously build up to 5,000 square feet. Now, the maximum allowable size for that particularly property would be capped at 4,000 square feet. Properties already exceeding this new limit are grandfathered in under prior regulations, but adding square footage may no longer be possible.
Additionally, exceptions that were previously available—such as using the median of two larger adjacent homes to determine the PSM—are no longer permitted during this moratorium. Depending on the property, these changes could significantly restrict the potential for adding square footage during the six-month period.
What Projects Are Affected?
The moratorium applies to new applications submitted after January 17, 2025, for residential structures exceeding the median square footage of surrounding homes. Specific impacts include:
- New Construction: Projects proposing residential floor areas larger than the neighborhood median will be paused.
- Elimination of Exceptions: Homeowners can no longer leverage previously allowed exceptions to increase their PSM during the moratorium.
What’s Not Affected?
- Existing Applications: Projects already submitted and deemed completed before January 17 will continue to be processed.
- Previously Approved Plans: If a project was approved before the moratorium took effect, construction may proceed as planned.
- Wildfire Rebuilds: Homes being rebuilt after damage or destruction—such as those from the Marshall Fire—are exempt.
- Additions Within Limits: Renovations or expansions that stay within the 100% median threshold are still allowed.
Why Is This Happening?
Over the years, Boulder County has seen a steady increase in home sizes, prompting concerns about affordability, environmental impact, and neighborhood character. The current regulations, which permitted homes up to 125% of the median size, are under review as officials assess whether adjustments are necessary to align with these goals.
The county will use the moratorium period to gather data, engage with the community, and draft potential updates to the Land Use Code. Speculation on future regulations varies; some believe Boulder County may adopt lot-size-based regulations similar to those in other municipalities, while others anticipate the 100% median cap could become permanent.
How Can You Stay Informed?
Public engagement is a key component of this process. Boulder County encourages residents, builders, and other stakeholders to participate in public meetings, submit feedback, and stay informed about updates to the Land Use Code.
At Melton, we’re committed to helping you navigate Boulder County’s unique permitting landscape. With over 30 years of experience in residential construction, we’re here to be your resource—whether you’re planning a project now or preparing for what comes next. As this process unfolds, we’ll continue to provide clarity and guidance so you can approach your project with confidence. If you have specific questions related to your project or the moratorium, don’t hesitate to schedule a free consultation, and one of our expert Project Developers will guide you through the process.
FAQ
What is Boulder County Resolution 2024-070?
Boulder County Resolution 2024-070 is a temporary six-month moratorium, or pause, on new residential construction projects in unincorporated Boulder County that propose a home size exceeding the median square footage of surrounding homes.
When does Boulder County Resolution 2024-070 take effect and when does it end?
The moratorium is effective starting January 17, 2025, and is currently set to expire on July 17, 2025.
How does Resolution 2024-070 change the maximum allowable home size in unincorporated Boulder County?
It reduces the Presumptive Size Maximum (PSM) from the previous 125% down to 100% of the neighborhood’s median square footage. For example, if the neighborhood median is 4,000 square feet, the new maximum allowable size is capped at 4,000 square feet during the moratorium.
Which specific construction projects are exempt from the Boulder County moratorium?
Projects that are exempt from Resolution 2024-070 include:
- Applications submitted and deemed complete before January 17, 2025.
- Projects with previously approved plans.
- Homes being rebuilt after damage or destruction, such as from the Marshall Fire (wildfire rebuilds).
- Renovations or additions that stay within the new 100% median square footage limit.
Why did Boulder County enact a temporary moratorium on larger residential construction?
The county enacted the moratorium to allow time to evaluate and potentially amend the existing Land Use Code. The goal is to address increasing home sizes, concerns about affordability, environmental impact, and the desire to maintain neighborhood character, which were concerns stemming from the prior 125% allowance.