DEPARTMENT OF REGULATORY AGENCIES
DIVISION OF REAL ESTATE
BOARD OF REAL ESTATE APPRAISERS
4CCR 725-2

EMERGENCY RULE

Chapter 16 Conservation Easements Appraisals
16.1 Affidavit for Conservation Easement Appraisals

Pursuant to and in compliance with Title 12, Article 61 and Title 24, Article 4, C.R.S. as amended, notice of emergency rulemaking is hereby given, including notice to the Attorney General of the State of Colorado and to all persons who have requested to be advised of the intention of the Colorado Board of Real Estate Appraisers (the “Board”) to promulgate rules, or to amend, repeal or repeal and re-enact the present rules of the Board.

Section 1.	Statement of Basis and Authority
Section 2. 	Scope and Purpose
Section 3.	Applicability
Section 4. 	16.1 Affidavit for Conservation Easement Appraisals
Section 5. 	Effective Date

Section 1. 	Statement of Basis and Authority

The statutory basis for the rules titled Rules of the Board of Real Estate Appraisers is Part 7 of Title 12, Article 61, Colorado Revised Statutes, as amended.  The General Assembly passed Senate Bill 90-34, effective July 1, 1990, which created the Board and mandated the licensing of real estate appraisers under the statutory terms and conditions.  The General Assembly has variously amended the statutes by passing House Bill 92-1177, House Bill 96-1080, Senate Bill 97-90, House Bill 97-1056, House Bill 00-1137 and House Bill 02-1130.

The Board of Real Estate Appraisers adopts the following emergency rule entitled, Affidavit for Conservation Easement Appraisals, according to authority as found in §§ 12-61-719(2), 12-61-704(1)(a), 12-61-715(1)(c) and 24-4-103(6), C.R.S.

Section 2.	Scope and Purpose

The Colorado Board of Real Estate Appraisers finds that immediate adoption of this emergency rule is imperatively necessary to comply with state law (§12-61-719, C.R.S. Conservation Easement Appraisals) and for the preservation of public health, safety or welfare and that compliance with the rulemaking requirements of § 24-4-103, C.R.S., applicable to non-emergency rules, would be contrary to the public interest.

Section 12-61-719(1), C.R.S. requires an appraiser who conducts an appraisal for a conservation easement to submit a copy of the completed appraisal to the Division of Real Estate within thirty days following the completion of the appraisal.  The Section also requires the appraiser to submit an affidavit with the appraisal.  Section 12-61-719(2), C.R.S. provides the Board of Real Estate Appraisers with the authority to promulgate rules concerning the form and content of the affidavit.  Section 12-61-719, C.R.S. became effective July 1, 2008.
Section 12-61-704(1)(a), C.R.S. requires the Board of Real Estate Appraisers to promulgate and amend, as necessary, rules and regulations as required for the implementation of part 7 of Title 12, Article 61. 

Section 12-61-715(1)(c), C.R.S. requires the Board of Real Estate Appraisers to conduct its business and promulgate rules and regulations in a manner not inconsistent with Title XI of the federal Financial Institutions Reform, Recovery and Enforcement Act of 1989, as amended. 

The purpose of this emergency rule is to ensure compliance with Section 12-61-719, C.R.S. The purpose of this emergency rule is also to effectuate the legislative directive to promulgate necessary and appropriate rules for the implementation of part 7 of Title 12, Article 61.

The specific purpose of this emergency rule is to amend the existing rule concerning the form and content of the affidavit required to be submitted to the Division of Real Estate by an appraiser who conducts an appraisal for a conservation easement.

Without the immediate adoption of this emergency rule, the public’s interest is not served.  Wherefore, the Board of Real Estate Appraisers, pursuant to § 24-4-103(6), C.R.S. has an obvious and stated need to adopt this emergency rule.

Section 3.	Applicability

This emergency rule governs real estate appraisers who are subject to the requirements of Part 7 of Title 12, Article 61 of the Colorado Revised Statutes.

Section 4.	16.1	Affidavit for Conservation Easement Appraisals

16.1	Affidavit for Conservation Easement Appraisals

Pursuant to § 12-61-719(1), C.R.S. any appraiser who conducts an appraisal for a conservation easement shall submit a copy of the completed appraisal to the Board within thirty days following signature and delivery of the appraisal to the client.  The appraisal shall be accompanied by an affidavit from the appraiser.  Pursuant to Section 12-61-719(2), the affidavit submitted with a conservation easement appraisal shall be in a form approved by the Board.  The form entitled, “Affidavit for Conservation Easement Appraisals” has been approved by the Board and must be submitted to the Division of Real Estate by an appraiser who conducts an appraisal for a conservation easement, together with a copy of the conservation easement appraisal.  The Affidavit for Conservation Easement Appraisals is posted to the Division of Real Estate’s website.  Specimen forms are also available for review and inspection in the Colorado Real Estate Manual and in the office of the Division of Real Estate.  The Board will no longer post the form in the Code of Colorado Regulations and hereby withdraws any forms previously posted in the Code of Colorado Regulations.

Section 5.	Effective Date

This emergency rule is effective December 17, 2009.