Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that authorizes fire protection provisions that allow metropolitan districts to require the removal of dead or dry material that can fuel a wildfire in Colorado.

Highlights:

• Authorizes 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) (Sec. 1-4).

• Specifies that privately owned property does not include property classified as agricultural land by the tax assessor or property owned by a nonprofit entity that is leased for agricultural purposes (Sec. 1-4).

• Specifies that a district that creates a vegetative fuel program is required to 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 (Sec. 1-4).

• Specifies that 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. An incident covers all vegetative fuel on a property. In order to assess a fine for each incident, the district must provide written notice by certified mail of the requirement to remove vegetative fuel and allow at least 10 days for the owner or occupier to comply (Sec. 1-4).

• Requires that an owner or occupier who 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 (Sec. 1-4).

• Specifies that an owner or occupier has at least 10 days to comply with the second notice. An owner or occupier who 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 (Sec. 1-4).

• Specifies that the fine may not exceed $300 per property per incident and an owner or occupier is not subject to more than one fine for the same incident (Sec. 1-4). 

• Specifies that 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 (Sec. 1-4).

• Requires that 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 (Sec. 1-4).

• Specifies that a district's board may waive the fine in all or part, in its discretion, if it determines that the fine was not assessed under 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 (Sec. 1-4).

• Specifies that a district may also waive a fine for delays due to weather or upon a petition for a time extension from an owner or occupier if they have undertaken good faith efforts to remove the vegetative fuel (Sec. 1-4).

• Prohibits a district from assessing a lien on any property for unpaid fines until the owner or occupier of the property has 5 or more unpaid fines for violations concerning the same property (Sec. 1-4).

• Requires a district to adopt rules and policies after a public hearing, public notice, and public comment to implement the bill, and shall post the adopted rules and policies to the district's website. As part of the rules and policies, a district shall designate an individual to oversee and manage the district's vegetative fuel program (Sec. 1-4).

• Specifies that the provisions of this bill shall take effect 90 days after the final adjournment date of the current legislative session (Sec. 5).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes fire protection provisions that allow metropolitan districts to require the removal of dead or dry material that can fuel a wildfire in Colorado.

Highlights:

• Authorizes 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) (Sec. 1-4).

• Specifies that privately owned property does not include property classified as agricultural land by the tax assessor or property owned by a nonprofit entity that is leased for agricultural purposes (Sec. 1-4).

• Specifies that a district that creates a vegetative fuel program is required to 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 (Sec. 1-4).

• Specifies that 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. An incident covers all vegetative fuel on a property. In order to assess a fine for each incident, the district must provide written notice by certified mail of the requirement to remove vegetative fuel and allow at least 10 days for the owner or occupier to comply (Sec. 1-4).

• Requires that an owner or occupier who 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 (Sec. 1-4).

• Specifies that an owner or occupier has at least 10 days to comply with the second notice. An owner or occupier who 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 (Sec. 1-4).

• Specifies that the fine may not exceed $300 per property per incident and an owner or occupier is not subject to more than one fine for the same incident (Sec. 1-4). 

• Specifies that 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 (Sec. 1-4).

• Requires that 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 (Sec. 1-4).

• Specifies that a district's board may waive the fine in all or part, in its discretion, if it determines that the fine was not assessed under 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 (Sec. 1-4).

• Specifies that a district may also waive a fine for delays due to weather or upon a petition for a time extension from an owner or occupier if they have undertaken good faith efforts to remove the vegetative fuel (Sec. 1-4).

• Prohibits a district from assessing a lien on any property for unpaid fines until the owner or occupier of the property has 5 or more unpaid fines for violations concerning the same property (Sec. 1-4).

• Requires a district to adopt rules and policies after a public hearing, public notice, and public comment to implement the bill, and shall post the adopted rules and policies to the district's website. As part of the rules and policies, a district shall designate an individual to oversee and manage the district's vegetative fuel program (Sec. 1-4).

• Specifies that the provisions of this bill shall take effect 90 days after the final adjournment date of the current legislative session (Sec. 5).

Full Bill Text