Biological Diversity Policy

Colorado does not have a formal biodiversity policy. However, by statute the state's policy is to protect, preserve, enhance and manage wildlife and their environment. This policy is implemented through the state's Natural Areas Program and through a multiple-use concept of management. (Colo. Rev. Stat. Ann. 33-33-101 et seq.) An instream flow statute recognizes the value of water flows for protecting the natural environment. (Colo. Rev. Stat. Ann. 37-92-102)

Status of Biodiversity Science

Colorado does not have a coordinated assessment system in place. Instead, the state relies primarily on its Natural Heritage Program for collection of biodiversity information. The state also has a GAP project. In addition, the Natural Areas Program performs limited inventory work.

Endangered Species

Colorado has an endangered species law that covers animal species and subspecies. (Colo. Rev. Stat. Ann. 33-2-109 et seq.) Listing is based solely on scientific data. Recovery plans, critical habitat designation and agency consultation are not required. Penalties for violations are a misdemeanor citation, which includes fines of $2,000 to $100,000 and/or imprisonment of up to one year plus an assessment of license points.

State Agency Management for Biodiversity

State-owned Lands

Colorado has few requirements that state agencies manage their lands in a biologically sustainable manner One provision, however, prohibits state lessees from converting native grasslands to cultivated land. The provision is intended to assure protection of the grasslands for future generations. (Colo. Rev. Stat. Ann. 36-1-149) Another provision in the constitution requires the preservation of state-owned forests. (Colo. Const. art. XVI11, 6) In general, however, state trust lands and waters are managed for the purpose of securing the optimum possible revenue from them.

Cooperative Efforts

Some state agencies engage in cooperative efforts to improve land management across ownership boundaries. An example is the Colorado Ecosystem Partnership, an agreement for cooperative planning between federal and state agencies. The Natural Areas Partnerships Initiative is developing a statewide strategy to coordinate public and private efforts to protect natural areas. The System for Conservation Planning is a project of the Division of Wildlife to set priorities for habitat protection. In addition, the Biological Conservation Data System of the Natural Heritage Program is a cooperative arrangement among the Department of Natural Resources, Division of Wildlife, Colorado State University, and private and federal agencies to set biodiversity conservation priorities. In addition, the Biological Conservation Data System of the National Heritage Program is cooperatively supported by the Department of Natural Resources, Division of Wildlife, Colorado State University, and private and federal agencies. The system is used to set conservation priorities.

State Agency Training

This report did not identify any biodiversity training programs for agency staff.

Impact Assessment

Colorado does not have a "little NEPA" requiring agencies to assess the environmental impacts of their proposed actions. However, the state has some scattered impact assessment requirements. For example, by statute the Division of Wildlife requires applicants proposing to construct a water project to prepare a wildlife mitigation plan. (Colo. Rev. Stat. Ann. 37-60-122.2; 2 Colo. Code Regs. 1660 et seq.) Changes to fishing streams require mitigation.

Habitat Acquisition

Colorado has habitat acquisition programs based on biodiversity conservation, wildlife and open space requirements. The Great Outdoors Colorado Program was established by the state's constitution to protect crucial wildlife habitat, natural areas and open spaces established by state constitution. The program is permanently funded with revenue generated by the state lottery. The Natural Areas Program focuses on protecting habitats that are undisturbed, an important source of genetic material, or used by threatened and endangered species.

Private Land Conservation

Colorado has few private land conservation programs. Conservation easements are authorized by statute, and lands subject to the easement receive a reduced valuation for property tax purposes. (Colo. Rev. Stat. Ann. 38-30.5-102 to 111) Through cooperative agreements, the Natural Areas Program works with private landowners to identify and conserve natural areas.

Exotic Species

Colorado has several provisions designed to control the introduction and spread of exotic species. One statutory provision makes it unlawful to import any live wildlife into the state without an import license and health certificate. (Colo. Rev. Stat. Ann. 33-6-114) Violators are subject to penalties of $500 to $5,000 and an assessment of license points. (Colo. Rev. Stat. Ann. 33-6-114.5) Native and nonnative fish possession is regulated. In addition, the Department of Agriculture regulates the shipment of plants carrying exotic pests and can order destruction of pest-ridden plants. (Colo. Rev. Stat. Ann. 35-4-109)

Predator or Animal Damage Control Activities

Colorado's animal damage control program is operated primarily by the state. (Colo. Rev. Stat. Ann. 35-40-101 to 115) In addition, the state has a separate rodent control program. (Colo. Rev. Stat. Ann. 35-7-101 et seq.) Bounties for coyotes and wolves still exist in statute. (solo. Rev. Stat. Ann. 35-40-107) The state is liable for certain damages caused by wildlife to crops, fences and forage. (Colo Rev. Stat. Ann. 33-3-104)

Additional Legal Protections for Biodiversity

The state constitution declares the "water of every natural stream" to be public property. (Colo. Const. art. XVI. 65)

Related Issues

Colorado has many environmental education programs. (Colo. Rev. Stat. Ann. 24-33-109) Programs include summer work projects and Project WILD. In addition, a Wildlife Education Center is being planned. The state published a wildlife viewing guide in 1992.

By statute, it is thc duty of the Division of Wildlife to maintain information concerning areas used during wildlife migrations. (Colo. Rev. Stat. Ann. 33-3-105)

In addition, the state has a growth management statute called the Colorado Land Use Act. (Colo. Rev. Stat. Ann. 24-65-101 et seq.)

Colorado has does not have a takings law. Such legislation was introduced and defeated in the 1995 legislative session.

Contacts:

Department of Agriculture
700 Kipling St.
Suite 4000
Lakewood, CO 80215
303-239-4100

Department of Education
201 E. Colfax Ave.
State Office Building
Denver, CO 80203
303-866-6787

Department of Natural Resources
1313 Sherman, Rm. 718
Denver, CO 80203
303-866-3311

State Cooperative Extension
1 Administration Building
Colorado State University
Ft. Collins, CO 80523
303-491-6281

State Forest Service
Forestry Building
Colorado State University
Ft. Collins, CO 80523
303-491-6303

Colorado Natural Heritage Program
College of Natural Resources
Colorado State University
103 Natural Resources Building
Fort Collins, CO 80523
303-491-1309

Colorado ADC State Director
12345 West Alameda Parkway
Suite 210
Lakewood, CO 80228
303-969-5775