What Is an Agricultural Exemption for Barns in Colorado, and Do I Qualify?

Colorado lets counties exempt agricultural buildings on agricultural land from some building-permit requirements. To qualify, the land must be agricultural and the building used for livestock, hay, feed, equipment or crops. Zoning, setbacks and electrical rules still apply.

Key takeaways

• The exemption is a county option under state law; each county administers it differently.
• Agricultural use and agricultural land are both required; a shop for cars doesn't qualify.
• You still file paperwork and still follow setbacks, height and floodplain rules.
• Electrical, plumbing and any living space are typically not exempt.
• Exempt buildings can be harder to insure, finance and sell, so weigh that before you skip the permit.

What is the exemption?

Colorado statute allows counties to exempt "agricultural buildings" from building-code permits and inspections. The intent is practical: a rancher shouldn't need a full plan review to put up a hay shed. Counties that adopt it define agricultural building and agricultural use in their own regulations.

What usually qualifies?

• Land: the parcel is zoned agricultural or classified agricultural by the county assessor, and often meets a minimum acreage.
• Use: the building shelters livestock, stores hay, feed, grain or agricultural equipment, or otherwise supports a bona-fide agricultural operation.
• Occupancy: no human habitation. No apartment over the barn, no office, no shop where the public comes.

What usually doesn't qualify?

• A detached garage or workshop for personal vehicles and hobbies, even on ag-zoned land
• A building with living quarters
• Commercial uses such as boarding, events or retail
• Buildings on parcels zoned residential

If your building is really a shop with a stall or two, it's a shop. Counties look at the primary use.

What does the county still require?

Exempt does not mean invisible. Expect some or all of:

• An agricultural exemption affidavit or zoning/land-use permit, signed under penalty, describing the use
• Setback, height and lot-coverage compliance. See where can I put a building on my land?
• Floodplain review where applicable
• Electrical permit and inspection through the state or county electrical authority
• Address and access requirements for emergency services

Why might pulling the permit anyway be the better call?

• Insurance. Some carriers are reluctant to insure unpermitted structures or ask for engineering letters at claim time.
• Lending. Ag and conventional lenders both prefer permitted improvements. See financing a metal building.
• Resale. An exempt building's future buyer may not run cattle. Converting an exempt barn to a shop later can require after-the-fact permits and upgrades.
• Engineering. The inspection is a second look at your snow and wind design. Every steel building we sell is engineered to the site's loads regardless (see what snow and wind load does my building need?), but the permit puts it on record.

How does it vary across our service area?

Each county handles the exemption with its own forms, acreage rules and definitions, and towns inside those counties often don't offer it at all. A ranch outside Lamar and a parcel near Montrose may face very different paperwork. Permit requirements vary by county, and we'll walk you through what yours requires at the site visit.

What do we recommend?

Use the exemption for what it's for: genuine agricultural buildings on agricultural land where the paperwork and the use line up. For anything you'll drive a truck into, heat, wire or someday sell as a shop, get the permit. Either way, the steel-framed building we sell is engineered to the same site loads. We look at your site, plan the building, place the order with 1st Choice Metal Buildings and Carports and oversee the project, and the manufacturer's crew from Texas installs it. See ag and commercial buildings we offer.

Frequently asked questions

Does an ag exemption mean no engineering?

It may mean no county plan review, but every steel building we sell is still engineered to your site's snow and wind loads. Keep the drawings; you'll want them for insurance and resale.

Can I put a tack room or feed room in an exempt barn?

Generally yes; those are agricultural uses. Living quarters, a bathroom or an office typically change the classification.

Can I convert an exempt barn to a shop later?

Sometimes, with an after-the-fact permit and possibly upgrades. It's easier to permit the right building the first time.

Is a horse barn agricultural?

Usually, when horses are kept as livestock on agricultural land. Commercial boarding or riding businesses may be treated differently, so ask the county.