First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
February 6, 2025
HOUSE SPONSORSHIP
Mauro and Joseph,
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
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 (13.5),17
(14.3), and (23.7) as follows:18
32-1-103. Definitions. As used in this article 1, unless the context19
otherwise requires:20
(13.5) "NONPROFIT ENTITY" MEANS A PERSON THAT IS REGISTERED21
AS AN EXEMPT CHARITABLE ORGANIZATION PURSUANT TO 26 U.S.C. SEC.22
501 (c)(3) AND THAT IS EXEMPT FROM TAXATION PURSUANT TO 26 U.S.C.23
SEC. 501 (a) OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986".24
(14.3) "PRIVATELY OWNED REAL PROPERTY" OR "PROPERTY"25
MEANS PRIVATELY OWNED REAL PROPERTY THAT IS NOT CLASSIFIED AS26
AGRICULTURAL LAND BY THE TAX ASSESSOR. "PRIVATELY OWNED REAL27
1009
-3- PROPERTY" OR "PROPERTY" DOES NOT MEAN PRIVATELY OWNED REAL1
PROPERTY OWNED BY A NONPROFIT ENTITY THAT IS LEASED FOR2
AGRICULTURAL PURPOSES.3
(23.7) "V
EGETATIVE FUEL" MEANS ANY DEAD
PLANT MATERIAL4
THAT CAN BURN AND CONTRIBUTE TO A FIRE , INCLUDING LEAVES, GRASS,5
SHRUBS, GROUND LITTER, DEAD LEAVES, AND FALLEN PINE NEEDLES.6
SECTION 3. In Colorado Revised Statutes, 32-1-1002, add (1)(i)7
as follows:8
32-1-1002. Fire protection districts - additional powers and9
duties - definitions - vegetative fuel removal. (1) In addition to the10
powers specified in section 32-1-1001, the board of any fire protection11
district has the following powers for and on behalf of the district:12
(i) (I) A
FIRE PROTECTION DISTRICT MAY ESTABLISH , IN ITS13
DISCRETION, A PROGRAM TO REQUIRE THE REMOVAL OF VEGETATIVE FUEL14
FROM PRIVATELY OWNED REAL PROPERTY WITHIN THE BOUNDARIES OF THE15
DISTRICT, AND A FIRE PROTECTION DISTRICT THAT ESTABLISHES A16
PROGRAM SHALL ADOPT POLICIES CONSISTENT WITH THE 202417
I
NTERNATIONAL WILDLAND-URBAN INTERFACE
CODE, A SUBSEQUENT18
CODE ESTABLISHED BY THE INTERNATIONAL CODE COUNCIL, OR THE19
STANDARDS AND CODES ADOPTED OR ISSUED BY THE COLORADO WILDFIRE20
RESILIENCY CODE BOARD.21
(II) A
FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM22
PURSUANT TO SECTION (1)(i)(I) OF THIS SECTION MAY ASSESS A FINE IN23
ACCORDANCE WITH THIS SUBSECTION (1)(i)(II).
AN INCIDENT COVERS ALL24
VEGETATIVE FUEL ON A PROPERTY. FOR EACH INCIDENT OF VEGETATIVE25
FUEL ON A PROPERTY, A FIRE PROTECTION DISTRICT MUST PROVIDE TO AN26
OWNER AND OCCUPIER OF THE PRIVATELY OWNED REAL PROPERTY27
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-4- WRITTEN NOTICE OF THE REQUIREMENT TO REMOVE VEGETATIVE FUEL1
FROM A PROPERTY AND THE AMOUNT OF A POTENTIAL FINE . AT LEAST TEN2
DAYS AFTER PROVIDING A FIRST NOTICE, IF THE VEGETATIVE FUEL HAS NOT3
BEEN REMOVED, A DISTRICT MAY PROVIDE A SECOND WRITTEN NOTICE TO4
THE OWNER AND OCCUPIER CONTAINING THE SAME INFORMATION . AT5
LEAST TEN DAYS AFTER PROVIDING A SECOND NOTICE , IF THE VEGETATIVE6
FUEL HAS NOT BEEN REMOVED , A DISTRICT MAY ASSESS A FINE AGAINST7
THE OWNER OR OCCUPIER BY PROVIDING WRITTEN NOTICE OF THE FINE TO8
THE OWNER AND OCCUPIER BY CERTIFIED MAIL. THE AMOUNT OF A FINE9
MUST BE APPROXIMATELY EQUAL TO THE COST OF REMOVAL OF THE10
VEGETATIVE FUEL ON THE PROPERTY AND MUST NOT EXCEED THREE11
HUNDRED DOLLARS PER PROPERTY PER INCIDENT . AN OWNER OR OCCUPIER12
IS NOT SUBJECT TO MORE THAN ONE FINE FOR THE SAME INCIDENT. A FINE13
IS WAIVED IF THE OWNER OR OCCUPIER REMOVES OR CAUSES THE14
REMOVAL OF THE VEGETATIVE FUEL WITHIN TEN DAYS OF RECEIVING15
NOTICE OF AN ASSESSMENT OF A FINE.16
(III) A
FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM17
PURSUANT TO SUBSECTION (1)(i)(I) OF THIS SECTION MUST USE THE18
MONEY COLLECTED FROM A FINE ASSESSED PURSUANT TO THIS SECTION19
ONLY TO REMOVE VEGETATIVE FUEL ON PRIVATE REAL PROPERTY WITHIN20
THE DISTRICT'S JURISDICTION. A FIRE PROTECTION DISTRICT MUST21
PRIORITIZE USE OF THE MONEY TO ASSIST A LOW -INCOME OWNER OR22
OCCUPIER, A SENIOR OWNER OR OCCUPIER, OR AN OWNER OR OCCUPIER23
WITH A DISABILITY TO REMOVE VEGETATIVE FUEL FROM THE OWNER OR24
OCCUPIER'S PROPERTY.25
(IV) A
FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM26
PURSUANT TO SUBSECTION (1)(i)(I) OF THIS SECTION SHALL ESTABLISH A27
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-5- PROCESS FOR A PERSON THAT OWNS OR OCCUPIES PROPERTY THAT IS1
SUBJECT TO A FINE IMPOSED BY THE FIRE PROTECTION DISTRICT PURSUANT2
TO SUBSECTION (1)(i)(II) OF THIS SECTION TO FILE AN OBJECTION TO THE3
FINE WITH THE DISTRICT'S BOARD. A DISTRICT'S BOARD MAY WAIVE THE4
FINE IN ALL OR IN PART, IN ITS DISCRETION, IF IT DETERMINES THAT:5
(A) T
HE FINE WAS NOT ASSESSED IN COMPLIANCE WITH6
SUBSECTION (1)(i)(II) OF THIS SECTION;7
(B) T
HE OWNER OR OCCUPIER FILING AN OBJECTION IS8
FINANCIALLY UNABLE TO PAY ALL OR A PORTION OF THE FINE ; OR9
(C) A
N OWNER OR OCCUPIER AGAINST WHICH A FINE WAS10
ASSESSED HAS REMOVED OR CAUSED THE REMOVAL OF THE VEGETATIVE11
FUEL AFTER THE ASSESSMENT OF THE FINE.12
(V) A FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM13
PURSUANT TO SUBSECTION (1)(i)(I) OF THIS SECTION SHALL NOT ASSESS A14
LIEN ON ANY PRIVATELY OWNED REAL PROPERTY FOR UNPAID FINES UNTIL15
THE OWNER OR OCCUPIER OF THE PRIVATELY OWNED REAL PROPERTY HAS16
FIVE OR MORE UNPAID FINES FOR VIOLATIONS CONCERNING THE SAME17
PRIVATELY OWNED REAL PROPERTY. A LIEN FOR NON-PAYMENT OF A FINE18
ASSESSED AGAINST A PROPERTY PURSUANT TO THIS SUBSECTION (1)(i)19
MUST NOT BE FORECLOSED AND DOES NOT SUPERCEDE ANY PRIOR LIEN ON20
A PROPERTY.21
(VI) A FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM22
PURSUANT TO SUBSECTION (1)(i)(I) OF THIS SECTION SHALL ADOPT RULES23
AND POLICIES AFTER A PUBLIC HEARING , PUBLIC NOTICE, AND THE24
ALLOWANCE OF PUBLIC COMMENT TO IMPLEMENT THIS SUBSECTION (1)(i)25
AND SHALL POST THE ADOPTED RULES AND POLICIES ON THE DISTRICT 'S26
WEBSITE. AS PART OF THE ADOPTED RULES AND POLICIES A FIRE27
1009
-6- PROTECTION DISTRICT SHALL DESIGNATE AN INDIVIDUAL TO OVERSEE AND1
MANAGE THE PROGRAM .2
(VII) A FIRE PROTECTION DISTRICT MAY WAIVE A FINE FOR DELAYS3
DUE TO WEATHER OR UPON A PETITION FOR A TIME EXTENSION FROM AN4
OWNER OR OCCUPIER IF AN OWNER OR OCCUPIER HAS UNDERTAKEN GOOD5
FAITH EFFORTS TO REMOVE THE VEGETATIVE FUEL, AT THE DISCRETION OF6
THE FIRE PROTECTION DISTRICT.7
SECTION 4. In Colorado Revised Statutes, 32-1-1004, add8
(1)(e) as follows:9
32-1-1004. Metropolitan districts - additional powers and10
duties. (1) In addition to the powers specified in section 32-1-1001, the11
board of any metropolitan district has the following powers for and on12
behalf of such district:13
(e) A METROPOLITAN DISTRICT THAT PROVIDES FIRE PROTECTION14
SERVICES MAY ESTABLISH, IN ITS DISCRETION, A PROGRAM TO REQUIRE15
THE REMOVAL OF VEGETATIVE FUEL FROM PRIVATELY OWNED REAL16
PROPERTY WITHIN THE BOUNDARIES OF THE DISTRICT , AS SPECIFIED IN17
SECTION 32-1-1001 (1)(i) FOR FIRE PROTECTION DISTRICTS, AND A18
METROPOLITAN DISTRICT THAT PROVIDES FIRE PROTECTION SERVICES AND19
THAT ESTABLISHES A PROGRAM PURSUANT TO SECTION 32-1-1001 (1)(i)20
SHALL ADOPT POLICIES CONSISTENT WITH THE 2024 INTERNATIONAL21
WILDLAND-URBAN INTERFACE CODE, A SUBSEQUENT CODE ESTABLISHED22
BY THE INTERNATIONAL CODE COUNCIL, OR THE STANDARDS AND CODES23
ADOPTED OR ISSUED BY THE COLORADO WILDFIRE RESILIENCY CODE24
BOARD.25
SECTION 5. Act subject to petition - effective date. This act26
takes effect at 12:01 a.m. on the day following the expiration of the27
1009
-7- ninety-day period after final adjournment of the general assembly; except1
that, if a referendum petition is filed pursuant to section 1 (3) of article V2
of the state constitution against this act or an item, section, or part of this3
act within such period, then the act, item, section, or part will not take4
effect unless approved by the people at the general election to be held in5
November 2026 and, in such case, will take effect on the date of the6
official declaration of the vote thereon by the governor.7
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