First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0269.03 Jed Franklin x5484
HOUSE BILL 25-1009
House Committees Senate Committees
Agriculture, Water & Natural Resources
A BILL FOR AN ACT
C
ONCERNING A VEGETATIVE FUEL MITIGATION PROGRAM FOR A101
DISTRICT PROVIDING FIRE PROTECTION SERVICES .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill allows a fire protection district or a metropolitan district
providing fire protection services (district) to create a program to mitigate
the presence of dead or dry plant material that can burn and contribute to
a fire on privately owned property within a district (vegetative fuel
program). A district that creates a vegetative fuel program is required to
adopt policies consistent with the 2024 International Wildland-urban
HOUSE SPONSORSHIP
Mauro,
SENATE SPONSORSHIP
Cutter,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. Interface Code or the standards and codes adopted or issued by the
Colorado wildfire resiliency code board. A district that creates a
vegetative fuel program may require an owner or occupier with an interest
in private real property that contains vegetative fuel within the district to
remove the vegetative fuel and assess a fine per incident of
noncompliance. In order to assess a fine, for each incident, the district
must provide written notice of the requirement to remove vegetative fuel
and allow at least 10 days for the owner or occupier to comply. An owner
or occupier that does not remove the vegetative fuel as provided in the
first notice may be subject to a second notice requiring the removal of
vegetative fuel. An owner or occupier has at least 10 days to comply with
the second notice. An owner or occupier that does not comply within at
least 10 days after the second notice may receive a third notice providing
for a fine approximately equal to the cost of removing the vegetative fuel.
The fine may not exceed $300 per property per incident. An owner or
occupier receiving a third notice may avoid a fine by removing the
vegetative fuel within 10 days of the date of the third notice.
The money a district collects from a fine must be used by the
district to remove vegetative fuel on private real property within the
district's jurisdiction. An owner or occupier that is subject to a fine
imposed by the district has standing to file an objection to the fine with
the district's board. A district's board may waive the fine in all or in part,
in its discretion, if it determines that the fine was not assessed pursuant
to law, an owner or occupier is financially unable to pay the fine, or the
vegetative fuel has been removed, and must prioritize use of the money
to assist a low-income owner or occupier, a senior owner or occupier, or
an owner or occupier with a disability in removing vegetative fuel from
the owner or occupier's property.
A district shall adopt rules and policies after public notice and
comment to implement the bill and shall post the adopted rules and
policies to the district's website.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Colorado's wildfire season has grown in length and severity,4
in some cases posing a year-round threat to communities throughout5
Colorado;6
(b) Wildfires present a grave risk to Colorado's residents,7
HB25-1009-2- property, and natural environment, whether in the mountains, on the1
prairie, or in suburban areas;2
(c) Wildfires can cause devastating property destruction and loss3
of life; and4
(d) The creation and maintenance of defensible space around5
homes is a proven strategy to reduce wildfire risks and provide critical6
time for responding firefighters, while overgrown, dead, or dying7
vegetation increases the risk of fire spread, threatening homes and8
neighboring properties.9
(2) Therefore, the general assembly further finds and declares that10
while the state of Colorado and local governments have invested11
substantial resources in wildfire mitigation and suppression, there is a12
need to further empower fire protection districts and metropolitan districts13
providing fire protection services to implement localized vegetative fuel14
management programs, which are essential to enhance community safety15
and resilience in the face of an increasing wildfire threat. 16
SECTION 2. In Colorado Revised Statutes, 32-1-103, add (23.7)17
as follows:18
32-1-103. Definitions. As used in this article 1, unless the context19
otherwise requires:20
(23.7) "V
EGETATIVE FUEL" MEANS ANY DEAD OR DRY PLANT21
MATERIAL THAT CAN BURN AND CONTRIBUTE TO A FIRE , INCLUDING22
LEAVES, GRASS, SHRUBS, GROUND LITTER , DEAD LEAVES, AND FALLEN PINE23
NEEDLES.24
SECTION 3. In Colorado Revised Statutes, 32-1-1002, add (1)(i)25
as follows:26
32-1-1002. Fire protection districts - additional powers and27
HB25-1009
-3- duties - definitions - vegetative fuel removal. (1) In addition to the1
powers specified in section 32-1-1001, the board of any fire protection2
district has the following powers for and on behalf of the district:3
(i) (I) A
FIRE PROTECTION DISTRICT MAY ESTABLISH , IN ITS4
DISCRETION, A PROGRAM TO REQUIRE THE REMOVAL OF VEGETATIVE FUEL5
FROM PRIVATELY OWNED REAL PROPERTY WITHIN THE BOUNDARIES OF THE6
DISTRICT, AND A FIRE PROTECTION DISTRICT THAT ESTABLISHES A7
PROGRAM SHALL ADOPT POLICIES CONSISTENT WITH THE 20248
I
NTERNATIONAL WILDLAND-URBAN INTERFACE CODE OR THE STANDARDS9
AND CODES ADOPTED OR ISSUED BY THE COLORADO WILDFIRE RESILIENCY10
CODE BOARD.11
(II) A
FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM12
PURSUANT TO SECTION (1)(i)(I) OF THIS SECTION MAY ASSESS A FINE IN13
ACCORDANCE WITH THIS SUBSECTION (1)(i)(II). FOR EACH INCIDENT OF14
VEGETATIVE FUEL ON A PROPERTY , A FIRE PROTECTION DISTRICT MUST15
PROVIDE TO AN OWNER OR OCCUPIER OF THE PRIVATELY OWNED REAL16
PROPERTY WRITTEN NOTICE OF THE REQUIREMENT TO REMOVE17
VEGETATIVE FUEL FROM A PROPERTY AND THE AMOUNT OF A POTENTIAL18
FINE. AT LEAST TEN DAYS AFTER PROVIDING A FIRST NOTICE , IF THE19
VEGETATIVE FUEL HAS NOT BEEN REMOVED , A DISTRICT MAY PROVIDE A20
SECOND WRITTEN NOTICE TO THE OWNER OR OCCUPIER CONTAINING THE21
SAME INFORMATION. AT LEAST TEN DAYS AFTER PROVIDING A SECOND22
NOTICE, IF THE VEGETATIVE FUEL HAS NOT BEEN REMOVED , A DISTRICT23
MAY ASSESS A FINE AGAINST THE OWNER OR OCCUPIER BY PROVIDING24
WRITTEN NOTICE OF THE FINE TO THE OWNER OR OCCUPIER . THE AMOUNT25
OF A FINE MUST BE APPROXIMATELY EQUAL TO THE COST OF REMOVAL OF26
THE VEGETATIVE FUEL ON THE PROPERTY AND MUST NOT EXCEED THREE27
HB25-1009
-4- HUNDRED DOLLARS PER PROPERTY PER INCIDENT . A FINE IS WAIVED IF THE1
OWNER OR OCCUPIER REMOVES OR CAUSES THE REMOVAL OF THE2
VEGETATIVE FUEL WITHIN TEN DAYS OF RECEIVING NOTICE OF AN3
ASSESSMENT OF A FINE.4
(III) A
FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM5
PURSUANT TO SUBSECTION (1)(i)(I) OF THIS SECTION MUST USE THE6
MONEY COLLECTED FROM A FINE ASSESSED PURSUANT TO THIS SECTION7
ONLY TO REMOVE VEGETATIVE FUEL ON PRIVATE REAL PROPERTY WITHIN8
THE DISTRICT'S JURISDICTION. A FIRE PROTECTION DISTRICT MUST9
PRIORITIZE USE OF THE MONEY TO ASSIST A LOW -INCOME OWNER OR10
OCCUPIER, A SENIOR OWNER OR OCCUPIER, OR AN OWNER OR OCCUPIER11
WITH A DISABILITY TO REMOVE VEGETATIVE FUEL FROM THE OWNER OR12
OCCUPIER'S PROPERTY.13
(IV) A
FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM14
PURSUANT TO SUBSECTION (1)(i)(I) OF THIS SECTION SHALL ESTABLISH A15
PROCESS FOR A PERSON THAT OWNS OR OCCUPIES PROPERTY THAT IS16
SUBJECT TO A FINE IMPOSED BY THE FIRE PROTECTION DISTRICT PURSUANT17
TO SUBSECTION (1)(i)(II) OF THIS SECTION TO FILE AN OBJECTION TO THE18
FINE WITH THE DISTRICT'S BOARD. A DISTRICT'S BOARD MAY WAIVE THE19
FINE IN ALL OR IN PART, IN ITS DISCRETION, IF IT DETERMINES THAT:20
(A) T
HE FINE WAS NOT ASSESSED IN COMPLIANCE WITH21
SUBSECTION (1)(i)(II) OF THIS SECTION;22
(B) T
HE OWNER OR OCCUPIER FILING AN OBJECTION IS23
FINANCIALLY UNABLE TO PAY ALL OR A PORTION OF THE FINE ; OR24
(C) A
N OWNER OR OCCUPIER AGAINST WHICH A FINE WAS25
ASSESSED HAS REMOVED OR CAUSED THE REMOVAL OF THE VEGETATIVE26
FUEL AFTER THE ASSESSMENT OF THE FINE.27
HB25-1009
-5- (V) A FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM1
PURSUANT TO SUBSECTION (1)(i)(I) OF THIS SECTION SHALL ADOPT RULES2
AND POLICIES AFTER PUBLIC NOTICE AND COMMENT TO IMPLEMENT THIS3
SUBSECTION (1)(i) AND SHALL POST THE ADOPTED RULES AND POLICIES ON4
THE DISTRICT'S WEBSITE.5
SECTION 4. Act subject to petition - effective date. This act6
takes effect at 12:01 a.m. on the day following the expiration of the7
ninety-day period after final adjournment of the general assembly; except8
that, if a referendum petition is filed pursuant to section 1 (3) of article V9
of the state constitution against this act or an item, section, or part of this10
act within such period, then the act, item, section, or part will not take11
effect unless approved by the people at the general election to be held in12
November 2026 and, in such case, will take effect on the date of the13
official declaration of the vote thereon by the governor.14
HB25-1009
-6-