On April 14, 2025, Mayor Mike Johnston signed Executive Order 151 to create a new Denver Permitting Office (“DPO”) which is to begin reviewing development and construction permit applications in mid-May. The Executive Order already exempts Large Development Review projects including Infrastructure Master Plans and Subdivision Plats. The Mayor’s press release promises that if the Office fails to process a complete application within 180 days, developers can bring their application to a review board made up of department directors for all the relevant agencies. If that board cannot make a final decision on the permit within 30 days, the City will refund some or all of the applicant’s permitting fees. A chart included with the Mayor’s press release states that the refund will have a $10,000 limit.
The order itself, posted publicly this month, does not include a formal refund policy. Rather, the memorandum incorporated into the order provides:
The DPO Director shall develop a refund policy to be adopted by the [Executive Permitting Committee (“EPC”)] within 30 days of the Executive Order effective date [i.e. June 13, 2025]. The eligibility for the refund shall be determined by either the DPO Director or the EPC, depending on the nature and extent of the delay, and shall be documented as part of the EPC’s resolution.
We are encouraged to see the City and County of Denver tackling lengthy permitting timelines and applaud the Mayor’s Office for addressing this issue. With more to come, permit applicants within the City and County of Denver should be on the lookout for the release of this policy, and we will continue to deliver updates as we learn more.
