This bill focuses on wildfire mitigation efforts within fire protection districts or metropolitan districts providing fire protection services. It introduces a program aimed at reducing the presence of flammable vegetation (referred to as "vegetative fuel") on privately owned properties to help prevent fires. Below are the key elements of the bill:
Creation of a Vegetative Fuel Program:
A district may establish a vegetative fuel program to mitigate the presence of dead or dry plant material that could contribute to a wildfire.
The program must adhere to the 2024 International Wildland-Urban Interface Code or standards issued by the Colorado Wildfire Resiliency Code Board.
Requirements for Property Owners:
A district may require property owners or occupiers within its jurisdiction to remove vegetative fuel from their property to comply with the program.
If the property owner or occupier fails to remove the fuel, the district may assess a fine. However, before this, the district must issue a written notice and provide at least 10 days for compliance.
A second notice may be issued if there is no compliance within 10 days, and further noncompliance after this could lead to a third notice and a fine up to $300 per property per incident.
Appealing Fines:
Property owners or occupiers subject to a fine can file an objection with the district's board. The board has the discretion to waive the fine or reduce it, particularly in cases where the fine was not assessed properly, the property owner is financially unable to pay, or the fuel has been removed.
Use of Collected Fines:
The money collected from fines must be used by the district for vegetative fuel removal on private property within its jurisdiction. The funds should prioritize assisting low-income individuals, seniors, or those with disabilities.
District Rulemaking:
The district must adopt policies and rules to implement the program after public notice and comment. These rules must be posted on the district’s website for transparency.
This bill seeks to reduce wildfire risks by encouraging proactive removal of flammable vegetation while providing a structured and transparent process for enforcement. The inclusion of the option for fines and the possibility of waivers also ensures some flexibility for property owners.
Summary
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 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.
