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County officials warn tight timeline for new state fire‑resiliency code

3040896 · April 17, 2025

Summary

County staff said the state model fire‑resiliency code passed in 2023 requires counties to adopt plans within three months of model‑code adoption; local officials and staff said most counties — including Custer County — are not ready and the timeline may be extended by the legislature.

County attorneys and planning staff told commissioners that a state‑level fire‑resiliency effort passed in 2023 will require local action within a short window after the state issues model codes, and that Custer County is not prepared to adopt new building and zoning requirements in the timeframe described by state statute if the model code takes effect this summer.

The county’s attorney briefed the board on the state process: a fire‑resiliency board is preparing model codes and, according to the timeline discussed in the meeting, counties would have roughly three months after the model code is enacted to adopt local regulations or plans. Commissioners and staff said the model code could change requirements for new houses — potentially changing planning and zoning practices for construction in the county.

County staff and the attorney said state lawmakers, including a senator identified in the discussion, are aware that many counties are not ready and that a bill has been introduced to push back the deadline. Commissioners heard that smaller counties without standing building codes would face the biggest administrative burden if the timeline remains unchanged.

County attorney staff said the county is reviewing language and asked for time to work with state contacts and to prepare draft options for the board. No formal action was taken; staff said they would return with recommendations once the state board releases the model code or the legislature acts to amend the timeline.

Ending: Commissioners asked staff to track the state board’s model‑code release, continue analysis of impacts on planning and zoning, and inform local stakeholders when definite dates and requirements are available.

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