First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0815.01 Caroline Martin x5902
SENATE BILL 25-142
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
C
ONCERNING CHANGES TO THE WI LDFIRE RESILIENCY CODE BOARD .101
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 makes changes to the existing wildfire resiliency code
board (board). The bill adds the following members to the board:
! One additional municipal representative representing rural
communities who is appointed by the minority leader of the
house of representatives, and one additional county
representative representing rural communities who is
appointed by the minority leader of the senate;
! One additional municipal representative representing urban
SENATE SPONSORSHIP
Baisley,
HOUSE SPONSORSHIP
(None),
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. communities who is appointed by the speaker of the house
of representatives and one additional county representative
representing urban communities who is appointed by the
president of the senate;
! One additional municipal and one additional county
representative representing a municipality and a county
that, prior to September 30, 2023, adopted codes that
provide, minimally, for wildfire-resilient structures and
best practices, each appointed by the executive director;
! 2 mayors of urban municipalities and 2 mayors of rural
municipalities; and
! The state water engineer or the state water engineer's
designee.
The bill removes 4 members from the board, including a member
representing hazard mitigation professionals, a member representing the
building trades, a member representing a statewide association of
nonprofit utilities, and a member representing a nonprofit home builder
for affordable home ownership that serves populations with incomes
under 80% of an area's median income.
The bill removes the board's ability to define the wildland-urban
interface and instead defines the wildland-urban interface as land in
Colorado that is:
! 3 miles or less away from the boundary of any city with a
population of 100,000 or more people as of the 2020
United States census;
! 3 miles or less away from the boundary of a transit-oriented
community; or
! 3 miles or less away from land that is zoned to allow 40
units or more per acre.
The bill requires each county in the state to create and present to
its board of county commissioners a wildland-urban interface map
designating all land within the county that is part of the wildland-urban
interface. Each board of county commissioners shall approve and submit
to the wildfire resiliency code board a wildland-urban interface map no
later than July 1, 2026. The board shall adopt minimum codes and
standards related to wildfire resiliency no sooner than the date it has
received a wildland-urban interface map from every county and no later
than January 1, 2027. Governing bodies have one year from the board's
adoption of minimum codes and standards related to wildfire resiliency
to adopt the codes.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-33.5-1236,2
SB25-142-2- amend (1)(a), (3)(a) introductory portion, (3)(a)(VII), (3)(a)(XI),1
(4)(b)(II)(D), (4)(g), and (9); repeal (3)(a)(VI), (3)(a)(IX), (3)(a)(X),2
(3)(a)(XII), and (4)(b)(I); and add (1)(a)(V.5), (3)(a)(XIII), and3
(3)(a)(XIV) as follows:4
24-33.5-1236. Wildfire resiliency code board - powers and5
duties - rules - cash fund - legislative declaration - definitions.6
(1) Legislative declaration. (a) The general assembly hereby finds and7
declares that:8
(I) Colorado's wildfire risk has continued to increase over the9
years and more communities are at risk of wildfires. I
N ORDER TO10
MAXIMIZE THE EFFECTIVENESS OF LIMITED RESOURCES , SPECIFIC11
ATTENTION MUST BE PAID TO THE WILDLAND - URBAN INTERFACE, WHICH12
IS THE AREA WHERE HUMAN DEVELOPMENT MEETS UNDEVELOPED13
WILDLAND. THE WILDLAND-URBAN INTERFACE INCLUDES LAND THAT IS14
WITHIN A THREE-MILE RING AROUND CITIES , TRANSIT-ORIENTED15
COMMUNITIES, AND LAND ZONED TO A HIGH DENSITY , INCLUDING16
HIGH-DENSITY RESIDENTIAL AREAS ALONG THE FRONT RANGE THAT ARE17
ADJACENT TO GRASSLANDS , OFTEN EXPERIENCE HIGH WINDS, AND HAVE18
LIMITED ACCESS TO WATER RESOURCES , MAKING THE AREAS SUSCEPTIBLE19
TO CATASTROPHIC WILDFIRES.20
(II) Colorado
NATIONALLY, wildfires have grown in intensity,21
frequency, and devastation since the year 2000. C
OLORADO CAN LEARN22
A NUMBER OF LESSONS FROM THE CATASTROPHIC WILDFIRES IN LOS23
A
NGELES, CALIFORNIA, AND SHOULD PAY PARTICULAR ATTENTION TO24
WATER SOURCE AVAILABILITY , COORDINATION AND EXPECTATION25
MANAGEMENT BETWEEN LOCAL GOVERNMENTS AND WILDLAND FIRE26
MANAGERS, AND EQUIPMENT COMPATIBILITY AND STANDARDIZATION .27
SB25-142
-3- COLORADO MUST CLEARLY DEFINE THE WILDLAND -URBAN INTERFACE IN1
ORDER TO FOCUS LIMITED RESOURCES , STANDARDIZE FIRE CODE2
APPLICATIONS WITHIN THAT AREA, AND AVOID WASTING RESOURCES . 3
(III) A combined approach of structure hardening and reducing4
fire risk in the defensible space surrounding structures
WITHIN THE5
WILDLAND-URBAN INTERFACE is necessary to reduce the risk of damage6
to Colorado communities from the effects of wildfires. This risk includes7
the loss of life, homes, businesses, and other structures and the loss of8
jobs and economic vitality. Risk evaluation is based on many factors,9
including proximity to structures. Hardening structures is the process of10
making structures more resilient to ignition and involves best practices to11
protect a structure from the risk of wildfire and to prevent a structure fire12
from starting a wildfire.13
(IV) T
HE CONSTRUCTION OF structures, including houses, that are14
resilient to wildfire risk is as affordable or more affordable than building15
nonresilient structures and reduces structure loss, the financial investment16
required to rebuild structures, cost of insurance, and problems related to17
underinsurance. In light of these financial implications, increasing18
housing stock with wildfire-resilient structures increases and protects the19
affordable housing stock.20
(V) T
HE WILDFIRE RESILIENCY CODE BOARD , AS ORIGINALLY21
CONTEMPLATED, BROUGHT TOGETHER the division and the Colorado fire22
commission have engaged
TO ENGAGE in a stakeholder-driven strategic23
planning effort to evaluate the best approach to ensure that Colorado's24
communities, properties, and structures are protected from the effects of25
wildfires and have recommended the creation of a wildfire resiliency code26
board in Colorado. T
HIS ORIGINAL STRUCTURE DID NOT PERMIT COUNTIES27
SB25-142
-4- AND MUNICIPALITIES TO FULLY ENGAGE WITH THE BOARD OR PARTICIPATE1
IN DESIGNATING THE WILDLAND -URBAN INTERFACE, WHICH LED TO2
COUNTIES AND MUNICIPALITIES BEING PLACED IN A GENERIC STATE MAP3
THAT CONFUSED HIGH WILDFIRE RISK AREAS WITH TRUE WILDLAND -URBAN4
INTERFACE AREAS. WHILE A WILDLAND-URBAN INTERFACE IS MEANT TO5
BE AN AREA NEAR HIGH-DENSITY URBAN LOCATIONS WHERE RESOURCES6
SHOULD BE FOCUSED, THE WILDLAND-URBAN INTERFACE AS CURRENTLY7
ENVISIONED WOULD INCLUDE MOST OF RURAL COLORADO WHILE8
EXCLUDING DENSER URBAN AREAS AND TRANSIT -ORIENTED9
DEVELOPMENT.10
(V.5) W
HILE MUCH OF RURAL COLORADO CAN BE CLASSIFIED AS11
SUSCEPTIBLE TO WILDFIRE, RURAL COLORADO IS BY DEFINITION NOT PART12
OF THE WILDLAND-URBAN INTERFACE. INCLUDING RURAL COLORADO IN13
THE WILDLAND -URBAN INTERFACE COULD RESULT IN A14
SIXTY-THOUSAND-DOLLAR INCREASE IN THE PRICE OF NEW HOME15
CONSTRUCTION, WHILE PROVIDING NO SUBSTANTIAL PROTECTIVE BENEFIT16
TO RURAL COLORADANS IN THE FORM OF FOCUSED RESOURCES . A CODE17
THAT AFFECTS ALL COLORADANS SHOULD BE STAKEHOLDERED WITH INPUT18
FROM ALL COLORADANS, INCLUDING LOCAL GOVERNMENTS , FROM THE19
OUTSET.20
(VI) Establishing a
MODIFYING THE MEMBERSHIP OF the code21
board
TO INCLUDE MORE LOCAL GOVERNMENT REPRESENTATION and22
REPLACING THE DEFINITION OF WILDLAND-URBAN INTERFACE PREVIOUSLY23
ESTABLISHED BY THE CODE BOARD WITH A STATUTORY DEFINITION OF24
WILDLAND-URBAN INTERFACE will allow the state to adopt and enforce25
best practice approaches to hardening structures and reducing fire risk in26
the defensible space surrounding structures throughout Colorado while27
SB25-142
-5- continuing to involve impacted stakeholders in decision-making1
concerning wildfire resiliency codes. As one of its functions, the code2
board will endeavor to establish a consistent state-level definition for the3
wildland-urban interface that can be used by all applicable state agencies. 4
(3) Membership. (a) The board consists of twenty-one5
TWENTY-EIGHT voting members who must be residents of Colorado,6
appointed as follows:7
(VI) One member representing hazard mitigation professionals,8
appointed by the executive director; 9
(VII) Six TWELVE members representing Colorado local10
governments, including:11
(A) One TWO municipal representative REPRESENTATIVES12
representing rural communities who is ARE appointed by the minority13
leader of the house of representatives, and one TWO county representative14
REPRESENTATIVES representing rural communities who is ARE appointed15
by the minority leader of the senate;16
(B) One TWO municipal representative REPRESENTATIVES17
representing urban communities who is ARE appointed by the speaker of18
the house of representatives and one TWO county representative19
REPRESENTATIVES representing urban communities who is ARE appointed20
by the president of the senate; and21
(C) One TWO municipal and one TWO county representative22
REPRESENTATIVES representing municipalities and a counties that, prior23
to September 30, 2023, has HAVE adopted a code CODES that provides24
PROVIDE, minimally, for wildfire resilient structures and best practices,25
each appointed by the executive director;26
(IX) One member representing the building trades, appointed by27
SB25-142
-6- the executive director;1
(X) One member representing a statewide association of nonprofit2
utilities, appointed by the president of the senate;3
(XI) One member representing an investor-owned utility,4
appointed by the speaker of the house of representatives; and5
(XII) One member representing a nonprofit home builder for6
affordable home ownership that serves populations with incomes under7
eighty percent of an area's median income, appointed by the executive8
director.9
(XIII) T
WO MAYORS OF URBAN MUNICIPALITIES AND TWO MAYORS10
OF RURAL MUNICIPALITIES, APPOINTED BY THE COLORADO MUNICIPAL11
LEAGUE; AND12
(XIV) T
HE STATE ENGINEER APPOINTED PURSUANT TO SECTION13
37-80-101
OR THE STATE ENGINEER'S DESIGNEE.14
(4) Powers and duties. (b) In furtherance of its mission, the15
board shall promulgate rules in accordance with article 4 of this title 2416
concerning the adoption of minimum codes and standards for hardening17
structures and reducing fire risk in the defensible space surrounding18
structures in the wildland-urban interface in Colorado. Notwithstanding19
section 24-1-105 (1)(c) or any other law to the contrary, the rules20
promulgated by the board are not subject to approval or modification by21
the director or the executive director. At a minimum, the rules must:22
(I) Define the wildland-urban interface and identify the areas of
23
Colorado that are included within it; except that, notwithstanding the area24
that the board identifies as included within the wildland-urban interface,25
any thirty-five acre parcel with only one residential structure on it that26
does not abut a residential or commercial area is exempt from adherence27
SB25-142
-7- to the codes. In defining Colorado's wildland-urban interface, the board1
may consider best practices including but not limited to practices of other2
states and the federal government; regional differences and risks within3
the state; environmental, health, and safety impacts; any existing4
definitions of the term wildland-urban interface; and individual risk5
profiles identified by the Colorado state forest service. The definition of6
the wildland-urban interface shall be updated once every three years, as7
the board determines may be necessary.8
(II) Adopt minimum codes and standards, referred to in this9
section as the "codes", that must:10
(D) Be initially adopted by the board no later than July 1, 202511
J
ANUARY 1, 2027, and reviewed by the board every three years and12
updated or supplemented as the board determines may be necessary;13
(g) The board shall not approve final adoption of the codes, or any14
updates or supplements to the codes pursuant to subsection (4)(b) of this15
section,
UNTIL IT HAS RECEIVED EVERY WILDLAND-URBAN INTERFACE MAP16
REQUIRED TO BE SUBMITTED PURSUANT TO SECTION 24-33.5-1237 (1.5),17
AND until at least three statewide public hearings have been held,18
including at least one hearing held in a location west of the continental19
divide and at least one hearing held in a location east of the continental20
divide and either south of El Paso county's southern boundary or east of21
Arapahoe county's eastern boundary. Members of the board may22
participate electronically and the board shall establish rules to provide for23
the necessary elements for electronic attendance at hearings.24
(9) As used in this section, unless the context otherwise requires:25
(a) "Governing body" has the same meaning as set forth in section26
24-33.5-1237 (1)(d).27
SB25-142
-8- (b) (I) "WILDLAND-URBAN INTERFACE" MEANS LAND IN1
C
OLORADO THAT IS:2
(A) T
HREE MILES OR LESS AWAY FROM THE BOUNDARY OF ANY3
CITY WITH A POPULATION OF ONE HUNDRED THOUSAND OR MORE AS OF4
THE 2020 UNITED STATES CENSUS;5
(B) T
HREE MILES OR LESS AWAY FROM THE BOUNDARY OF A6
TRANSIT-ORIENTED COMMUNITY, AS DEFINED IN SECTION 29-35-202; OR7
(C) T
HREE MILES OR LESS AWAY FROM LAND THAT IS ZONED TO8
ALLOW FORTY UNITS OR MORE PER ACRE .9
(II) "W
ILDLAND-URBAN INTERFACE" LAND DOES NOT INCLUDE ANY10
THIRTY-FIVE-ACRE PARCEL WITH ONLY ONE RESIDENTIAL STRUCTURE ON11
IT THAT DOES NOT ABUT A RESIDENTIAL OR COMMERCIAL AREA .12
SECTION 2. In Colorado Revised Statutes, 24-33.5-1237,13
amend (1)(e) and (2)(a); and add (1)(f) and (1.5) as follows:14
24-33.5-1237. Application of wildfire resiliency codes -15
enforcement - definitions. (1) As used in this section, unless the context16
otherwise requires:17
(e) "Wildland-urban interface" has the same meaning as set forth18
by the board in its rules pursuant to section 24-33.5-1236 (4)(b)(I)
IN19
SECTION 24-33.5-1236 (9)(b).20
(f) "W
ILDLAND-URBAN INTERFACE MAP " MEANS A MAP THAT21
DESIGNATES ALL LAND WITHIN A COUNTY THAT IS PART OF THE22
WILDLAND-URBAN INTERFACE. THE WILDLAND-URBAN INTERFACE MAP23
MUST DESIGNATE ALL LAND REQUIRED BY SECTION 24-33.5-1236 (9)(b),24
AND MAY, AT THE DISCRETION OF THE COUNTY, DESIGNATE ADDITIONAL25
LAND THAT IS NOT REQUIRED BY SECTION 24-33.5-1236 (9)(b) AS PART OF26
THE WILDLAND-URBAN INTERFACE.27
SB25-142
-9- (1.5) EACH COUNTY IN THE STATE SHALL CREATE AND PRESENT TO1
ITS BOARD OF COUNTY COMMISSIONERS A WILDLAND -URBAN INTERFACE2
MAP. EACH BOARD OF COUNTY COMMISSIONERS SHALL APPROVE AND3
SUBMIT TO THE WILDFIRE RESILIENCY CODE BOARD A WILDLAND -URBAN4
INTERFACE MAP NO LATER THAN JULY 1, 2026.5
(2) (a) A governing body with jurisdiction in an area within the6
wildland-urban interface that has the authority to adopt building codes or7
fire codes shall adopt a code that meets or exceeds the minimum8
standards set forth in the codes within three months ONE YEAR of the9
board adopting the codes in accordance with section 24-33.5-123610
(4)(b)(II)(D).11
SECTION 3. Act subject to petition - effective date. This act12
takes effect at 12:01 a.m. on the day following the expiration of the13
ninety-day period after final adjournment of the general assembly; except14
that, if a referendum petition is filed pursuant to section 1 (3) of article V15
of the state constitution against this act or an item, section, or part of this16
act within such period, then the act, item, section, or part will not take17
effect unless approved by the people at the general election to be held in18
November 2026 and, in such case, will take effect on the date of the19
official declaration of the vote thereon by the governor.20
SB25-142
-10-