HOUSE BILL 25-1009
BY REPRESENTATIVE(S) Mauro and Joseph, Bacon, Bird, Boesenecker,
Brown, Duran, Lindsay, Martinez, Titone, Velasco, Willford, Jackson,
Marshall, Woodrow, McCluskie;
also SENATOR(S) Cutter and Hinrichsen, Exum, Jodeh, Kipp,
Michaelson Jenet, Winter F.
C
ONCERNING A VEGETATIVE FUEL MITIGATION PROGRAM FOR A DISTRICT
PROVIDING FIRE PROTECTION SERVICES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Colorado's wildfire season has grown in length and severity, in
some cases posing a year-round threat to communities throughout Colorado;
(b) Wildfires present a grave risk to Colorado's residents, property,
and natural environment, whether in the mountains, on the prairie, or in
suburban areas;
(c) Wildfires can cause devastating property destruction and loss of
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. life;
(d) The creation and maintenance of defensible space around homes
is a proven strategy to reduce wildfire risks and provide critical time for
responding firefighters, while overgrown, dead, or dying vegetation,
including logs, branches, slash, and mulch, increases the risk of fire spread,
threatening homes and neighboring properties;
(e) The state forest service's publication "The Home Ignition Zone"
describes defensible space as the area around a structure that has been
modified to reduce fire hazard by creating space between potential fuel
sources. Successful programs are rooted in a comprehensive education and
outreach approach to obtain voluntary compliance; and
(f) Creating defensible space and maintaining water-efficient
landscaping are compatible goals because vegetation within defensible
space can be properly spaced and can include water-wise landscapes with
functional and efficient irrigation systems.
(2) Therefore, the general assembly further finds and declares that
while the state of Colorado and local governments have invested substantial
resources in wildfire mitigation and suppression, there is a need to further
empower fire protection districts and metropolitan districts providing fire
protection services to implement localized vegetative fuel management
programs, which are essential to enhance community safety and resilience
in the face of an increasing wildfire threat.
SECTION 2. In Colorado Revised Statutes, 32-1-103, add (13.5),
(14.3), and (23.7) as follows:
32-1-103. Definitions. As used in this article 1, unless the context
otherwise requires:
(13.5) "N
ONPROFIT ENTITY" MEANS A PERSON THAT IS REGISTERED
AS AN EXEMPT CHARITABLE ORGANIZATION PURSUANT TO
26 U.S.C. SEC.
501 (c)(3)
AND THAT IS EXEMPT FROM T AXATION PURSUANT TO 26 U.S.C.
SEC. 501 (a) OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986".
(14.3) "P
RIVATELY OWNED REAL PROPERTY " OR "PROPERTY" MEANS
PRIVATELY OWNED REAL PROPERTY THAT IS NOT CLASSIFIED AS
PAGE 2-HOUSE BILL 25-1009 AGRICULTURAL LAND BY THE TAX ASSESSOR . "PRIVATELY OWNED REAL
PROPERTY
" OR "PROPERTY" DOES NOT MEAN PRIVATELY OWNED REAL
PROPERTY OWNED BY A NONPROFIT ENTITY THAT IS LEASED FOR
AGRICULTURAL PURPOSES
. "PRIVATELY OWNED REAL PROPERTY " OR
"PROPERTY" DOES NOT MEAN REAL PROPERTY OWNED OR OCCUPIED BY A
PUBLIC UTILITY THAT HAS A VEGETATION MANAGEMENT OR WILDFIRE
MITIGATION PLAN TO ADDRESS VEGETATIVE FUEL SOURCES OR REAL
PROPERTY ADJACENT TO A DITCH THAT CONVEYS DECREED WATER RIGHTS
OR WITHIN THE APPURTENANT EASEMENT WITHIN WHICH THE DITCH IS
LOCATED
.
(23.7) "V
EGETATIVE FUEL" MEANS ANY DEAD PLANT MATERIAL THAT
CAN BURN AND CONTRIBUTE TO A FIRE
, INCLUDING LEAVES, GRASS, SHRUBS,
GROUND LITTER, DEAD LEAVES, AND FALLEN PINE NEEDLES.
SECTION 3. In Colorado Revised Statutes, 32-1-1002, add (1)(i)
as follows:
32-1-1002. Fire protection districts - additional powers and
duties - definitions - vegetative fuel removal - rules. (1) In addition to the
powers specified in section 32-1-1001, the board of any fire protection
district has the following powers for and on behalf of the district:
(i) (I) A
FIRE PROTECTION DISTRICT MAY ESTABLISH , IN ITS
DISCRETION
, A PROGRAM TO REQUIRE THE REMOVAL OF VEGETATIVE FUEL
FROM PRIVATELY OWNED REAL PROPERTY WITHIN THE BOUNDARIES OF THE
DISTRICT
, AND A FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM
SHALL ADOPT POLICIES CONSISTENT WITH THE
2024 INTERNATIONAL
WILDLAND-URBAN INTERFACE CODE, A SUBSEQUENT CODE ESTABLISHED BY
THE
INTERNATIONAL CODE COUNCIL, OR THE STANDARDS AND CODES
ADOPTED OR ISSUED BY THE
COLORADO WILDFIRE RESILIENCY CODE BOARD .
A
FIRE PROTECTION DISTRICT SHALL COORDINATE WITH ALL APPLICABLE
LOCAL ENTITIES AS DEFINED IN SECTION
37-99-102 (9) WHEN DEVELOPING
A VEGETATIVE FUEL MITIGATION PROGRAM AND SHALL COMPLY WITH THE
REQUIREMENTS OF SECTION
37-99-103.
(II) A
FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM
PURSUANT TO SECTION
(1)(i)(I) OF THIS SECTION MAY ASSESS A FINE
AGAINST AN OWNER OR OCCUPIER OF PRIVATELY OWNED REAL PROPERTY
CONTAINING VEGETATIVE FUEL ONLY IN ACCORDANCE WITH THIS
PAGE 3-HOUSE BILL 25-1009 SUBSECTION (1)(i)(II). AN INCIDENT COVERS ALL VEGETATIVE FUEL ON A
PROPERTY
. FOR EACH INCIDENT OF VEGETATIVE FUEL ON A PROPERTY , A FIRE
PROTECTION DISTRICT MUST PROVIDE TO AN OWNER AND OCCUPIER OF THE
PRIVATELY OWNED REAL PROPERTY WRITTEN NOTICE OF THE REQUIREMENT
TO REMOVE VEGETATIVE FUEL FROM A PROPERTY AND THE AMOUNT OF A
POTENTIAL FINE
, AND INFORMATION ON POSSIBLE FUNDING OR GRANT
PROGRAMS TO ASSIST OWNERS OR OCCUPIERS ABOUT EFFECTIVE VEGETATIVE
FUEL MITIGATION
, INCLUDING THE COLORADO WILDFIRE RESILIENT HOMES
GRANT
, THE FOREST RESTORATION AND WILDFIRE RISK MITIGATION GRANT
PROGRAM
, OR ANY OTHER LOCAL OR STATE PROGRAM ABOUT EFFECTIVE
VEGETATIVE FUEL MITIGATION
. AT LEAST FOURTEEN DAYS AFTER PROVIDING
A FIRST NOTICE
, IF THE VEGETATIVE FUEL HAS NOT BEEN REMOVED , A
DISTRICT MAY PROVIDE A SECOND WRITTEN NOTICE TO THE OWNER AND
OCCUPIER CONTAINING THE SAME INFORMATION
. AT LEAST FOURTEEN DAYS
AFTER PROVIDING A SECOND NOTICE
, IF THE VEGETATIVE FUEL HAS NOT BEEN
REMOVED
, A DISTRICT MAY ASSESS A FINE AGAINST THE OWNER OR OCCUPIER
BY PROVIDING WRITTEN NOTICE OF THE FINE TO THE OWNER AND OCCUPIER
BY CERTIFIED MAIL
. THE AMOUNT OF A FINE MUST BE APPROXIMATELY
EQUAL TO THE COST OF REMOVAL OF THE VEGETATIVE FUEL ON THE
PROPERTY AND MUST NOT EXCEED TWO HUNDRED DOLLARS PER PROPERTY
PER INCIDENT
. AN OWNER OR OCCUPIER IS NOT SUBJECT TO MORE THAN ONE
FINE FOR THE SAME INCIDENT
. THE SUM OF ALL FINES ASSESSED AGAINST A
SINGLE PROPERTY MUST NOT EXCEED ONE THOUSAND TWO HUNDRED
DOLLARS
. A FINE IS WAIVED IF THE OWNER OR OCCUPIER REMOVES OR
CAUSES THE REMOVAL OF THE VEGETATIVE FUEL WITHIN FOURTEEN DAYS OF
RECEIVING NOTICE OF AN ASSESSMENT OF A FINE
. A FIRE PROTECTION
DISTRICT MAY NOT ACCESS ANY PRIVATELY OWNED REAL PROPERTY
PURSUANT TO THIS SUBSECTION
(1)(i)(II) WITHOUT THE WRITTEN
PERMISSION OF THE OWNER OR OCCUPIER OF THE PROPERTY
. AN OWNER OR
OCCUPIER IS NOT LIABLE TO A FIRE PROTECTION DISTRICT FOR DAMAGES TO
FIRE PROTECTION DISTRICT PERSONNEL OR EQUIPMENT OCCURRING ON THE
PRIVATELY OWNED REAL PROPERTY WHILE FIRE PROTECTION DISTRICT
PERSONNEL OR EQUIPMENT ARE PRESENT ON THE PROPERTY TO CARRY OUT
THE PURPOSES OF THIS SECTION
. A FIRE PROTECTION DISTRICT MAY NOT USE
A DRONE TO DISCOVER VEGETATIVE FUEL ON A PROPERTY OR TO ADMINISTER
OR ENFORCE THIS SUBSECTION
(1)(i).
(III) A
FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM
PURSUANT TO SUBSECTION
(1)(i)(I) OF THIS SECTION MUST USE THE MONEY
COLLECTED FROM A FINE ASSESSED PURSUANT TO THIS SECTION ONLY TO
PAGE 4-HOUSE BILL 25-1009 REMOVE VEGETATIVE FUEL ON PRIVATE REAL PROPERTY WITHIN THE
DISTRICT
'S JURISDICTION. A FIRE PROTECTION DISTRICT 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 TO
REMOVE VEGETATIVE FUEL FROM THE OWNER OR OCCUPIER
'S PROPERTY.
(IV) A
FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM
PURSUANT TO SUBSECTION
(1)(i)(I) OF THIS SECTION SHALL ESTABLISH A
PROCESS FOR A PERSON THAT OWNS OR OCCUPIES PROPERTY THAT IS SUBJECT
TO A FINE IMPOSED BY THE FIRE PROTECTION DISTRICT PURSUANT TO
SUBSECTION
(1)(i)(II) OF THIS SECTION 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:
(A) T
HE FINE WAS NOT ASSESSED IN COMPLIANCE WITH SUBSECTION
(1)(i)(II) OF THIS SECTION;
(B) T
HE OWNER OR OCCUPIER FILING AN OBJECTION IS FINANCIALLY
UNABLE TO PAY ALL OR A PORTION OF THE FINE
;
(C) A
N OWNER OR OCCUPIER AGAINST WHICH A FINE WAS ASSESSED
HAS REMOVED OR CAUSED THE REMOVAL OF THE VEGETATIVE FUEL AFTER
THE ASSESSMENT OF THE FINE
; OR
(D) A WAIVER IS APPROPRIATE UNDER THE CIRCUMSTANCES .
(V) A
FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM
PURSUANT TO SUBSECTION
(1)(i)(I) OF THIS SECTION MAY CAUSE A
DELINQUENT CHARGE MADE OR LEVIED TO BE CERTIFIED TO THE TREASURER
OF THE COUNTY AND BE COLLECTED AND PAID OVER BY THE TREASURER OF
THE COUNTY IN THE SAME MANNER AS TAXES ARE AUTHORIZED TO BE BY
TITLE
31.
(VI) A
FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM
PURSUANT TO SUBSECTION
(1)(i)(I) OF THIS SECTION SHALL ADOPT RULES
AND POLICIES AFTER A PUBLIC HEARING
, PUBLIC NOTICE, AND THE
ALLOWANCE OF PUBLIC COMMENT TO IMPLEMENT THIS SUBSECTION
(1)(i)
AND SHALL POST THE ADOPTED RULES AND POLICIES ON THE DISTRICT 'S
WEBSITE
, ON SOCIAL MEDIA OPERATED BY THE DISTRICT , AND IN A LOCAL
NEWSPAPER OF GENERAL CIRCULATION
. A PROGRAM ESTABLISHED
PAGE 5-HOUSE BILL 25-1009 PURSUANT TO SUBSECTION (1)(i)(I) OF THIS SECTION MAY ONLY BE
EFFECTIVE THIRTY DAYS OR MORE AFTER POSTING OF THE ADOPTED RULES
AND POLICIES ON THE DISTRICT
'S WEBSITE. AS PART OF THE ADOPTED RULES
AND POLICIES A FIRE PROTECTION DISTRICT SHALL DESIGNATE AN
INDIVIDUAL TO OVERSEE AND MANAGE THE PROGRAM
.
(VII) A
FIRE PROTECTION DISTRICT MAY WAIVE A FINE FOR DELAYS
DUE TO WEATHER OR UPON A PETITION FOR A TIME EXTENSION FROM AN
OWNER OR OCCUPIER IF AN OWNER OR OCCUPIER HAS UNDERTAKEN GOOD
FAITH EFFORTS TO REMOVE THE VEGETATIVE FUEL
, AT THE DISCRETION OF
THE FIRE PROTECTION DISTRICT
. GOOD FAITH EFFORTS INCLUDE
DOCUMENTATION FROM AN ARBORIST OR LICENSED PROFESSIONAL
LANDSCAPE ARCHITECT THAT STATES WHEN THE ARBORIST OR LICENSED
PROFESSIONAL LANDSCAPE ARCHITECT WILL BE ABLE TO MITIGATE THE
VEGETATIVE FUEL ON A PROPERTY AND THE COST OF THE MITIGATION
. A FIRE
PROTECTION DISTRICT SHALL GRANT A TIME EXTENSION TO MITIGATE OR PAY
A FINE ASSESSED AGAINST THE OWNER OR OCCUPIER OF THE PROPERTY FOR
:
(A) N
O LONGER THAN THREE MONTHS IF THE COST TO MITIGATE
EXCEEDS ONE THOUSAND DOLLARS AND IS LESS THAN TWO THOUSAND FIVE
HUNDRED DOLLARS
;
(B) N
O LONGER THAN SIX MONTHS IF THE COST TO MITIGATE EQUALS
OR EXCEEDS TWO THOUSAND FIVE HUNDRED DOLLARS AND IS LESS THAN
FIVE THOUSAND DOLLARS
;
(C) N
O LONGER THAN NINE MONTHS IF THE COST TO MITIGATE
EQUALS OR EXCEEDS FIVE THOUSAND DOLLARS AND IS LESS THAN TEN
THOUSAND DOLLARS
; OR
(D) NO LONGER THAN ONE YEAR IF THE COST TO MITIGATE EQUALS
OR EXCEEDS TEN THOUSAND DOLLARS
.
SECTION 4. In Colorado Revised Statutes, 32-1-1004, add (1)(e)
as follows:
32-1-1004. Metropolitan districts - additional powers and duties.
(1) In addition to the powers specified in section 32-1-1001, the board of
any metropolitan district has the following powers for and on behalf of such
district:
PAGE 6-HOUSE BILL 25-1009 (e) A METROPOLITAN DISTRICT THAT PROVIDES FIRE PROTECTION
SERVICES MAY ESTABLISH
, IN ITS DISCRETION, A PROGRAM TO REQUIRE THE
REMOVAL OF VEGETATIVE FUEL FROM PRIVATELY OWNED REAL PROPERTY
WITHIN THE BOUNDARIES OF THE DISTRICT
, AS SPECIFIED IN SECTION
32-1-1001 (1)(i) FOR FIRE PROTECTION DISTRICTS, AND A METROPOLITAN
DISTRICT THAT PROVIDES FIRE PROTECTION SERVICES AND THAT
ESTABLISHES A PROGRAM PURSUANT TO SECTION
32-1-1001 (1)(i) SHALL
ADOPT POLICIES CONSISTENT WITH THE
2024 INTERNATIONAL
WILDLAND-URBAN INTERFACE CODE, A SUBSEQUENT CODE ESTABLISHED BY
THE
INTERNATIONAL CODE COUNCIL, OR THE STANDARDS AND CODES
ADOPTED OR ISSUED BY THE
COLORADO WILDFIRE RESILIENCY CODE BOARD .
A
METROPOLITAN DISTRICT PROVIDING FIRE PROTECTION SERVICES SHALL
COORDINATE WITH ALL APPLICABLE LOCAL ENTITIES AS DEFINED IN SECTION
37-99-102 (9) WHEN DEVELOPING A VEGETATIVE FUEL MITIGATION
PROGRAM AND SHALL COMPLY WITH THE REQUIREMENTS OF SECTION
37-99-103.
SECTION 5. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 7-HOUSE BILL 25-1009 November 2026 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 25-1009