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Senate panel advances bill letting fire districts adopt local vegetative fuel-mitigation programs with new protections

2518998 · March 5, 2025
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Summary

House Bill 1009, giving fire protection and metro districts the local option to create district-specific vegetative fuel mitigation programs, passed the Senate Agriculture and Natural Resources Committee March 5 as amended and was sent to the Committee of the Whole by a 5–2 vote.

House Bill 1009 would permit fire protection districts and metro districts that provide fire protection services to develop district-specific vegetative fuel-mitigation programs, giving local districts a voluntary tool to reduce wildfire risk. The Senate Agriculture and Natural Resources Committee adopted a series of amendments March 5 that add exemptions, due-process steps, limits on fines, coordination requirements, and implementation time frames tied to estimated mitigation costs before sending the bill to the Committee of the Whole by a 5–2 vote.

Sponsors Senator John Henriksen and Senator Lisa Cutter said the measure is intended to give local districts additional tools to reduce wildland–urban interface risks. Henriksen cited Pueblo West — which he said has about 37,000 residents and where many northern lots are at least 1 acre — as an example of a community seeking more local authority to address fuels. Cutter said programs must conform with best-practice standards and the bill requires that participating districts align with the 2024 International Wildland-Urban Interface Code or standards adopted by the Division of Fire Prevention and Control.

Supporters included district managers and fire chiefs who told the committee the option would let them use local public processes to define mitigation standards, protect neighborhoods and better allocate crews and resources. Christian Hein, district manager for Pueblo West Metropolitan District, urged support so local officials "can opt into a program that will help them take those tools and make it a safer place for their community at their local level." Brian Caserta, fire chief in Pueblo West, said the proposal "will allow us that opportunity to meet the needs of the community and protect it," while Skyler McKinley of AAA described the measure as a cost-effective risk-reduction step that could make some properties more insurable.

Opponents and amend-position witnesses raised concerns about the scope of local authority, enforcement methods, privacy and costs to property owners. Richard Orf of the Associated Governments of Northwest Colorado said the bill as introduced gave small local districts significant authority and suggested some communities would prefer a public ballot or higher-level oversight for police powers. The Colorado Association of Realtors urged more generous time extensions tied to third‑party cost estimates and a reduction in fines, arguing fuel mitigation can be costly for property owners. Erin Meske, a Boulder resident, said the bill's original definition of vegetative fuel was too broad and warned of potential trespass, surveillance or privacy issues; she also noted $300 fines would be insufficient to cover mitigation for larger properties.

The committee adopted four committee amendments (L011–L014). Key changes include: - Exemptions for public utilities and ditch companies and a requirement that district personnel obtain written permission to access private property. - Prohibition on district employees entering private property without consent and on use of drones for implementation. - Requirement that districts coordinate with local governments when developing programs. - Strengthened public-notice requirements (posting on district websites, social media and in a newspaper of general circulation) and a 30‑day delay before implementation of any adopted policy. - Limits on fines for a single property (amended to $1,200 maximum), an expansion of waiver authority, and clarified county-treasurer collection language. - Extended notice periods and a staged schedule granting owners additional remediation time when a licensed professional estimates the cost of mitigation exceeds defined thresholds (up to 3 months if > $1,000; up to 6 months if > $2,500; up to 9 months if > $5,000; up to 12 months if > $10,000).

Senator Henriksen moved the bill, as amended, to the Committee of the Whole. The committee recorded the final vote: yes — Senator Catlin, Senator Henderson, Senator Marchman, Senator Danielson and the Chair; no — Senator Elton B. and Senator Elton R.; outcome 5–2 in favor. The bill will next be considered by the Committee of the Whole.