First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 25-0269.03 Jed Franklin x5484
HOUSE BILL 25-1009
House Committees Senate Committees
Agriculture, Water & Natural Resources Agriculture & 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
SENATE
Amended 2nd Reading
March 10, 2025
HOUSE
3rd Reading Unamended
February 7, 2025
HOUSE
Amended 2nd Reading
February 6, 2025
HOUSE SPONSORSHIP
Mauro and Joseph, Bacon, Bird, Boesenecker, Brown, Duran, Lindsay, Martinez, Titone,
Velasco, Willford
SENATE SPONSORSHIP
Cutter and Hinrichsen,
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; 4
(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, including logs, branches, slash, and mulch, increases the risk8
of fire spread, threatening homes and neighboring properties;9
(e) The state forest service's publication "The Home Ignition10
Zone" describes defensible space as the area around a structure that has11
been modified to reduce fire hazard by creating space between potential12
fuel sources. Successful programs are rooted in a comprehensive13
education and outreach approach to obtain voluntary compliance; and14
(f) Creating defensible space and maintaining water-efficient15
landscaping are compatible goals because vegetation within defensible16
space can be properly spaced and can include water-wise landscapes with17
functional and efficient irrigation systems.18
(2) Therefore, the general assembly further finds and declares that19
while the state of Colorado and local governments have invested20
substantial resources in wildfire mitigation and suppression, there is a21
need to further empower fire protection districts and metropolitan districts22
providing fire protection services to implement localized vegetative fuel23
management programs, which are essential to enhance community safety24
and resilience in the face of an increasing wildfire threat. 25
SECTION 2. In Colorado Revised Statutes, 32-1-103, add (13.5),26
(14.3), and (23.7) as follows:27
1009
-3- 32-1-103. Definitions. As used in this article 1, unless the context1
otherwise requires:2
(13.5) "NONPROFIT ENTITY" MEANS A PERSON THAT IS REGISTERED3
AS AN EXEMPT CHARITABLE ORGANIZATION PURSUANT TO 26 U.S.C. SEC.4
501 (c)(3) AND THAT IS EXEMPT FROM TAXATION PURSUANT TO 26 U.S.C.5
SEC. 501 (a) OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986".6
(14.3) "PRIVATELY OWNED REAL PROPERTY " OR "PROPERTY"7
MEANS PRIVATELY OWNED REAL PROPERTY THAT IS NOT CLASSIFIED AS8
AGRICULTURAL LAND BY THE TAX ASSESSOR. "PRIVATELY OWNED REAL9
PROPERTY" OR "PROPERTY" DOES NOT MEAN PRIVATELY OWNED REAL10
PROPERTY OWNED BY A NONPROFIT ENTITY THAT IS LEASED FOR11
AGRICULTURAL PURPOSES. "PRIVATELY OWNED REAL PROPERTY " OR12
"
PROPERTY" DOES NOT MEAN REAL PROPERTY OWNED OR OCCUPIED BY A
13
PUBLIC UTILITY THAT HAS A VEGETATION MANAGEMENT OR WILDFIRE14
MITIGATION PLAN TO ADDRESS VEGETATIVE FUEL SOURCES OR REAL15
PROPERTY ADJACENT TO A DITCH THAT CONVEYS DECREED WATER RIGHTS16
OR WITHIN THE APPURTENANT EASEMENT WITHIN WHICH THE DITCH IS17
LOCATED.18
(23.7) "V
EGETATIVE FUEL" MEANS ANY DEAD
PLANT MATERIAL19
THAT CAN BURN AND CONTRIBUTE TO A FIRE , INCLUDING LEAVES, GRASS,20
SHRUBS, GROUND LITTER, DEAD LEAVES, AND FALLEN PINE NEEDLES.21
SECTION 3. In Colorado Revised Statutes, 32-1-1002, add (1)(i)22
as follows:23
32-1-1002. Fire protection districts - additional powers and24
duties - definitions - vegetative fuel removal. (1) In addition to the25
powers specified in section 32-1-1001, the board of any fire protection26
district has the following powers for and on behalf of the district:27
1009
-4- (i) (I) A FIRE PROTECTION DISTRICT MAY ESTABLISH , IN ITS1
DISCRETION, A PROGRAM TO REQUIRE THE REMOVAL OF VEGETATIVE FUEL2
FROM PRIVATELY OWNED REAL PROPERTY WITHIN THE BOUNDARIES OF THE3
DISTRICT, AND A FIRE PROTECTION DISTRICT THAT ESTABLISHES A4
PROGRAM SHALL ADOPT POLICIES CONSISTENT WITH THE 20245
I
NTERNATIONAL WILDLAND-URBAN INTERFACE
CODE, A SUBSEQUENT6
CODE ESTABLISHED BY THE INTERNATIONAL CODE COUNCIL, OR THE7
STANDARDS AND CODES ADOPTED OR ISSUED BY THE COLORADO WILDFIRE8
RESILIENCY CODE BOARD . A FIRE PROTECTION DISTRICT SHALL9
COORDINATE WITH ALL APPLICABLE LOCAL ENTITIES AS DEFINED IN10
SECTION 37-99-102 (9) WHEN DEVELOPING A VEGETATIVE FUEL11
MITIGATION PROGRAM AND SHALL COMPLY WITH THE REQUIREMENTS OF12
SECTION 37-99-103.13
(II) A
FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM14
PURSUANT TO SECTION (1)(i)(I) OF THIS SECTION MAY ASSESS A FINE15
AGAINST AN OWNER OR OCCUPIER OF PRIVATELY OWNED REAL PROPERTY
16
CONTAINING VEGETATIVE FUEL ONLY IN ACCORDANCE WITH THIS17
SUBSECTION (1)(i)(II). AN INCIDENT COVERS ALL VEGETATIVE FUEL ON A18
PROPERTY. FOR EACH INCIDENT OF VEGETATIVE FUEL ON A PROPERTY , A19
FIRE PROTECTION DISTRICT MUST PROVIDE TO AN OWNER AND OCCUPIER20
OF THE PRIVATELY OWNED REAL PROPERTY WRITTEN NOTICE OF THE21
REQUIREMENT TO REMOVE VEGETATIVE FUEL FROM A PROPERTY AND THE22
AMOUNT OF A POTENTIAL FINE, AND INFORMATION ON POSSIBLE FUNDING23
OR GRANT PROGRAMS TO ASSIST OWNERS OR OCCUPIERS ABOUT EFFECTIVE24
VEGETATIVE FUEL MITIGATION , INCLUDING THE COLORADO WILDFIRE25
RESILIENT HOMES GRANT, THE FOREST RESTORATION AND WILDFIRE RISK26
MITIGATION GRANT PROGRAM , OR ANY OTHER LOCAL OR STATE PROGRAM27
1009
-5- ABOUT EFFECTIVE VEGETATIVE FUEL MITIGATION . AT LEAST FOURTEEN1
DAYS AFTER PROVIDING A FIRST NOTICE, IF THE VEGETATIVE FUEL HAS NOT2
BEEN REMOVED, A DISTRICT MAY PROVIDE A SECOND WRITTEN NOTICE TO3
THE OWNER AND OCCUPIER CONTAINING THE SAME INFORMATION . AT4
LEAST FOURTEEN DAYS AFTER PROVIDING A SECOND NOTICE , IF THE5
VEGETATIVE FUEL HAS NOT BEEN REMOVED , A DISTRICT MAY ASSESS A6
FINE AGAINST THE OWNER OR OCCUPIER BY PROVIDING WRITTEN NOTICE7
OF THE FINE TO THE OWNER AND OCCUPIER BY CERTIFIED MAIL. THE8
AMOUNT OF A FINE MUST BE APPROXIMATELY EQUAL TO THE COST OF9
REMOVAL OF THE VEGETATIVE FUEL ON THE PROPERTY AND MUST NOT10
EXCEED TWO HUNDRED DOLLARS PER PROPERTY PER INCIDENT . AN OWNER11
OR OCCUPIER IS NOT SUBJECT TO MORE THAN ONE FINE FOR THE SAME12
INCIDENT. THE SUM OF ALL FINES ASSESSED AGAINST A SINGLE PROPERTY13
MUST NOT EXCEED ONE THOUSAND TWO HUNDRED DOLLARS . A FINE IS14
WAIVED IF THE OWNER OR OCCUPIER REMOVES OR CAUSES THE REMOVAL15
OF THE VEGETATIVE FUEL WITHIN FOURTEEN DAYS OF RECEIVING NOTICE16
OF AN ASSESSMENT OF A FINE. A FIRE PROTECTION DISTRICT MAY NOT17
ACCESS ANY PRIVATELY OWNED REAL PROPERTY PURSUANT TO THIS18
SUBSECTION (1)(i)(II) WITHOUT THE WRITTEN PERMISSION OF THE OWNER19
OR OCCUPIER OF THE PROPERTY. AN OWNER OR OCCUPIER IS NOT LIABLE20
TO A FIRE PROTECTION DISTRICT FOR DAMAGES TO FIRE PROTECTION21
DISTRICT PERSONNEL OR EQUIPMENT OCCURRING ON THE PRIVATELY22
OWNED REAL PROPERTY WHILE FIRE PROTECTION DISTRICT PERSONNEL OR23
EQUIPMENT ARE PRESENT ON THE PROPERTY TO CARRY OUT THE PURPOSES24
OF THIS SECTION. A FIRE PROTECTION DISTRICT MAY NOT USE A DRONE TO25
DISCOVER VEGETATIVE FUEL ON A PROPERTY OR TO ADMINISTER OR26
ENFORCE THIS SUBSECTION (1)(i).27
1009
-6- (III) A FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM1
PURSUANT TO SUBSECTION (1)(i)(I) OF THIS SECTION MUST USE THE2
MONEY COLLECTED FROM A FINE ASSESSED PURSUANT TO THIS SECTION3
ONLY TO REMOVE VEGETATIVE FUEL ON PRIVATE REAL PROPERTY WITHIN4
THE DISTRICT'S JURISDICTION. A FIRE PROTECTION DISTRICT MUST5
PRIORITIZE USE OF THE MONEY TO ASSIST A LOW -INCOME OWNER OR6
OCCUPIER, A SENIOR OWNER OR OCCUPIER, OR AN OWNER OR OCCUPIER7
WITH A DISABILITY TO REMOVE VEGETATIVE FUEL FROM THE OWNER OR8
OCCUPIER'S PROPERTY.9
(IV) A
FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM10
PURSUANT TO SUBSECTION (1)(i)(I) OF THIS SECTION SHALL ESTABLISH A11
PROCESS FOR A PERSON THAT OWNS OR OCCUPIES PROPERTY THAT IS12
SUBJECT TO A FINE IMPOSED BY THE FIRE PROTECTION DISTRICT PURSUANT13
TO SUBSECTION (1)(i)(II) OF THIS SECTION TO FILE AN OBJECTION TO THE14
FINE WITH THE DISTRICT'S BOARD. A DISTRICT'S BOARD MAY WAIVE THE15
FINE IN ALL OR IN PART, IN ITS DISCRETION, IF IT DETERMINES THAT:16
(A) T
HE FINE WAS NOT ASSESSED IN COMPLIANCE WITH17
SUBSECTION (1)(i)(II) OF THIS SECTION;18
(B) T
HE OWNER OR OCCUPIER FILING AN OBJECTION IS19
FINANCIALLY UNABLE TO PAY ALL OR A PORTION OF THE FINE ;
20
(C) A
N OWNER OR OCCUPIER AGAINST WHICH A FINE WAS21
ASSESSED HAS REMOVED OR CAUSED THE REMOVAL OF THE VEGETATIVE22
FUEL AFTER THE ASSESSMENT OF THE FINE; OR
23
(D) A
WAIVER IS APPROPRIATE UNDER THE CIRCUMSTANCES .
24
(V) A FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM25
PURSUANT TO SUBSECTION (1)(i)(I) OF THIS SECTION MAY CAUSE A26
DELINQUENT CHARGE MADE OR LEVIED TO BE CERTIFIED TO THE27
1009
-7- TREASURER OF THE COUNTY AND BE COLLECTED AND PAID OVER BY THE1
TREASURER OF THE COUNTY IN THE SAME MANNER AS TAXES ARE2
AUTHORIZED TO BE BY TITLE 31. 3
(VI) A FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM4
PURSUANT TO SUBSECTION (1)(i)(I) OF THIS SECTION SHALL ADOPT RULES5
AND POLICIES AFTER A PUBLIC HEARING , PUBLIC NOTICE, AND THE6
ALLOWANCE OF PUBLIC COMMENT TO IMPLEMENT THIS SUBSECTION (1)(i)7
AND SHALL POST THE ADOPTED RULES AND POLICIES ON THE DISTRICT 'S8
WEBSITE, ON SOCIAL MEDIA OPERATED BY THE DISTRICT, AND IN A LOCAL9
NEWSPAPER OF GENERAL CIRCULATION . A PROGRAM ESTABLISHED10
PURSUANT TO SUBSECTION (1)(i)(I) OF THIS SECTION MAY ONLY BE11
EFFECTIVE THIRTY DAYS OR MORE AFTER POSTING OF THE ADOPTED RULES12
AND POLICIES ON THE DISTRICT'S WEBSITE. AS PART OF THE ADOPTED13
RULES AND POLICIES A FIRE PROTECTION DISTRICT SHALL DESIGNATE AN14
INDIVIDUAL TO OVERSEE AND MANAGE THE PROGRAM .15
(VII) A FIRE PROTECTION DISTRICT MAY WAIVE A FINE FOR DELAYS16
DUE TO WEATHER OR UPON A PETITION FOR A TIME EXTENSION FROM AN17
OWNER OR OCCUPIER IF AN OWNER OR OCCUPIER HAS UNDERTAKEN GOOD18
FAITH EFFORTS TO REMOVE THE VEGETATIVE FUEL, AT THE DISCRETION OF19
THE FIRE PROTECTION DISTRICT. GOOD FAITH EFFORTS INCLUDE20
DOCUMENTATION FROM AN ARBORIST OR LICENSED PROFESSIONAL21
LANDSCAPE ARCHITECT THAT STATES WHEN THE ARBORIST OR LICENSED22
PROFESSIONAL LANDSCAPE ARCHITECT WILL BE ABLE TO MITIGATE THE23
VEGETATIVE FUEL ON A PROPERTY AND THE COST OF THE MITIGATION . A24
FIRE PROTECTION DISTRICT SHALL GRANT A TIME EXTENSION TO MITIGATE25
OR PAY A FINE ASSESSED AGAINST THE OWNER OR OCCUPIER OF THE26
PROPERTY FOR:27
1009
-8- (A) NO LONGER THAN THREE MONTHS IF THE COST TO MITIGATE1
EXCEEDS ONE THOUSAND DOLLARS AND IS LESS T HAN TWO THOUSAND FIVE2
HUNDRED DOLLARS;3
(B) N
O LONGER THAN SIX MONTHS IF THE COST TO MITIGATE
4
EQUALS OR EXCEEDS TWO THOUSAND FIVE HUNDRED DOLLARS AND IS LESS5
THAN FIVE THOUSAND DOLLARS ;6
(C) N
O LONGER THAN NINE MONTHS IF THE COST TO MITIGATE
7
EQUALS OR EXCEEDS FIVE THOUSAND DOLLARS AND IS LESS THAN TEN8
THOUSAND DOLLARS; OR9
(D) N
O LONGER THAN ONE YEAR IF THE COST TO MITIGATE EQUALS
10
OR EXCEEDS TEN THOUSAND DOLLARS .11
SECTION 4. In Colorado Revised Statutes, 32-1-1004, add12
(1)(e) as follows:13
32-1-1004. Metropolitan districts - additional powers and14
duties. (1) In addition to the powers specified in section 32-1-1001, the15
board of any metropolitan district has the following powers for and on16
behalf of such district:17
(e) A METROPOLITAN DISTRICT THAT PROVIDES FIRE PROTECTION18
SERVICES MAY ESTABLISH, IN ITS DISCRETION, A PROGRAM TO REQUIRE19
THE REMOVAL OF VEGETATIVE FUEL FROM PRIVATELY OWNED REAL20
PROPERTY WITHIN THE BOUNDARIES OF THE DISTRICT, AS SPECIFIED IN21
SECTION 32-1-1001 (1)(i) FOR FIRE PROTECTION DISTRICTS, AND A22
METROPOLITAN DISTRICT THAT PROVIDES FIRE PROTECTION SERVICES AND23
THAT ESTABLISHES A PROGRAM PURSUANT TO SECTION 32-1-1001 (1)(i)24
SHALL ADOPT POLICIES CONSISTENT WITH THE 2024 INTERNATIONAL25
WILDLAND-URBAN INTERFACE CODE, A SUBSEQUENT CODE ESTABLISHED26
BY THE INTERNATIONAL CODE COUNCIL, OR THE STANDARDS AND CODES27
1009
-9- ADOPTED OR ISSUED BY THE COLORADO WILDFIRE RESILIENCY CODE1
BOARD. A METROPOLITAN DISTRICT PROVIDING FIRE PROTECTION SERVICES2
SHALL COORDINATE WITH ALL APPLICABLE LOCAL ENTITIES AS DEFINED IN3
SECTION 37-99-102 (9) WHEN DEVELOPING A VEGETATIVE FUEL4
MITIGATION PROGRAM AND SHALL COMPLY WITH THE REQUIREMENTS OF5
SECTION 37-99-103.6
SECTION 5. Act subject to petition - effective date. This act7
takes effect at 12:01 a.m. on the day following the expiration of the8
ninety-day period after final adjournment of the general assembly; except9
that, if a referendum petition is filed pursuant to section 1 (3) of article V10
of the state constitution against this act or an item, section, or part of this11
act within such period, then the act, item, section, or part will not take12
effect unless approved by the people at the general election to be held in13
November 2026 and, in such case, will take effect on the date of the14
official declaration of the vote thereon by the governor.15
1009
-10-