El Paso County Is Rewriting Its Land Development Code: What It Means for Homeowners | Jeff & Lane Morrell
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Local Living··3 min read

El Paso County Is Rewriting Its Land Development Code: What It Means for Homeowners


El Paso County is updating the rules that govern Falcon, Black Forest, Peyton, and other unincorporated areas for the first time in nearly 20 years. Here is what the draft changes to ADUs, fencing, and rural lots could mean for you.

By Jeff & Lane Morrell·The Morrell Group | eXp Realty

El Paso County is rewriting the Land Development Code, the rulebook that governs what can be built and where in the unincorporated areas around Colorado Springs: Falcon, Peyton, Black Forest, and the outskirts of Monument. It is still a draft, and the county is asking property owners to review it and weigh in right now. If you own acreage or are shopping for it, this is the kind of change that quietly decides what you can do with your land.

Why the Code Is Being Rewritten

The last major update came roughly 17 years ago, when unincorporated El Paso County had far fewer residents than it does today. County planners say the code has not kept pace with growth, so they are working through the rewrite in pieces with a consultant. This fall, they released a combined draft of the zoning and development-standards sections for public comment and held community meetings in the areas the code touches most.

The Change Most Homeowners Will Feel: ADUs

The change many property owners are watching is in accessory dwelling units, or ADUs. Today, an ADU in unincorporated El Paso County is capped at 1,500 square feet and can only be used by family or guests, with an owner affidavit. The draft would let owners rent those units to non-family. That matters if you have a guest house or a converted shop you have thought about renting out. It is also the kind of change neighbors debate, since it can effectively add housing on a single lot.

Wildfire Safety and Rural Lots

Out in Black Forest and other wooded areas, fire safety is already moving. The county adopted wildfire-resiliency rules this past June, including requirements tied to defensible space and access on rural properties. The draft also revises the rural residential districts common on the east side, like the five-acre lots in Falcon and Peyton, adjusting what is allowed and how setbacks work. Fencing rules are part of the picture too, including the existing standard that front-yard fences more than 25% opaque stay at 30 inches and cannot block sight lines.

What This Means for Buyers and Sellers

If you own property out here, this is worth an hour of your time while the comment period is open. For buyers, the practical takeaway is to find out what the rules will let you do with a lot before you fall for it, because those rules are about to change. For sellers, understanding the new code helps you describe your property honestly, especially if an ADU or accessory structure is part of what you are marketing.

Have Questions About a Rural Property?

There are no emergencies in real estate. If you are looking at acreage in Falcon, Black Forest, or Peyton, or wondering how the draft code would affect a property you already own, reach out. We will point you to the current draft and help you understand what it would mean for your situation.


Text us at 719-499-9394 or Book a free consultation.

Jeff & Lane Morrell | eXp Realty

Information researched and current as of October 2026 from El Paso County Planning & Development and public reporting on the Land Development Code rewrite. The draft is open for public comment and details can change before adoption. Figures vary by zoning district, and this is not legal or zoning advice.

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