What You Need to Know About Colorado House Bill 25-1009

Law Takes Root

Today, around 200 new Colorado laws passed by the General Assembly earlier. this year went into effect. Among these are House Bill (HB) 25-1009 Vegetative Fuel Mitigation, which was signed into law in March.

HB25-1009 may have some implications for South Park communities, many of which are considered high wildfire risk. Although effective today, HB25-1009 does not have any immediate impacts; however, changes in your fire or metropolitan district may be coming in the future.

Districts Decide

HB25-1009 allows fire protection districts or metropolitan districts to create a wildfire mitigation program that can require private landowners to remove vegetative fuels from their properties or incur a fine.

It is important to note that the intent of HB25-1009 is to encourage districts to create these programs, but does not necessarily require that they are created. However, if these programs are established, enforcement and fines at the district level are now backed by state law.

A public hearing, public notice, and public comment is required if a fire or metropolitan district wants to create a wildfire mitigation program. Therefore, residents interested in voicing their questions, comments, and concerns should regularly check board meeting agendas, local newspapers, and social media for notice of upcoming discussions on this issue.

Digging into the Details

Regardless of if you have strong opinions one way or the other, or if your district is likely to establish a wildfire mitigation program, it is important to stay informed. Here are some details we believe are valuable for all Colorado landowners to know:

• HB25-1009 does not apply to properties classified as agricultural land or land owned by a nonprofit that is leased for agricultural purposes.

• Vegetative fuel is defined as "any dead plant material that can burn and contribute to a fire, including leaves, grass, shrubs, ground litter, dead leaves, and fallen pine needles.

  • Trees are not included in this definition

• Wildfire mitigation programs shall adopt policies consistent with the 2024 International Wildland-Urban Interface Code or the standards or codes adopted by the Colorado Wildfire Resiliency Code Board.

• A district must provide written notice by certified mail of the requirement to remove fuels and allow at least 14 days for the owner or occupier to comply. A second notice, and additional 14 days, is required before a third notice of a fine can be issued. However, the fine may be avoided if removal occurs within 14 days of the third notice.

• The fine should "approximately equal" the cost of removing the vegetative fuel, but may not exceed $200 per property per incident. The total fine issued to a single property may not exceed $1,200.

• Fines may be waived due to delays caused by weather or if the owner has undertaken "good faith efforts" to remove the vegetative fuels, which can include documentation from an arborist or licensed professional landscape architect that indicates when they plan to remove the fuels.

• A district may not access private property without written permission of the owner or occupier and may not use a drone to discover vegetative fuel or to "administer or enforce" the program.

• Money collected by the district from fines must be used by the district only to remove vegetative fuel on private property in the district's jurisdiction.

• Districts shall grant extensions to mitigate or pay a fine for:

  • No longer than 3 months if the cost to mitigate exceeds $1,000 and is less than $2,500

  • No longer than 6 months if the cost to mitigate equals or exceeds $2,500 and is less than $5,000;

  • No longer than 9 months if the cost to mitigate equals or exceeds $5,000 and is less than $10,000; or

  • No longer than one year if the cost to mitigate equals or exceeds $10,000.

We hope this quick guide is helpful. In addition to providing wildfire mitigation and quality local firewood, 9820 Forestry is committed to keeping our Neighbors informed of the local, state, and national issues that may affect how we live, work, and play in our special rural community. Feel free to contact us with any questions!