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Prescribed‑fire subcommittee studies liability, pooled insurance and a state cash‑claims fund
Summary
The council's prescribed‑fire subcommittee is working on liability clarification, pooled insurance frameworks, easing operational barriers for certified burners and implementing a small cash‑claims fund established by the legislature; staff plan a prescribed‑fire portal and an additional DFPC specialist position to support implementation.
Colorado officials told the Forest Health Council on Oct. 29 that a multijurisdictional subcommittee is addressing legal and financial barriers that limit prescribed burning on non‑federal lands.
Allison Lerch, assistant director for forest health and wildfire mitigation at DNR, said the subcommittee—convened under the Colorado Fire Commission and including council members and agency staff—has prioritized four unfunded strategies from Colorado's statewide prescribed‑fire plan: clarifying existing liability coverage for prescribed fires, exploring pooled/shared insurance options, reducing operational barriers for qualified agency employees and certified burners, and expanding mutual‑aid funding frameworks so state staff and cooperator pools can conduct prescribed burns.
"We're studying state, federal and local codes to identify where changes could improve collaboration for prescribed burns in Colorado," Lerch said. She asked technical staff and council members to contribute legal and operational questions for further review with the attorney general's office.
Vaughn (DFPC) outlined near‑term implementation actions. The legislature in an earlier session established a small cash‑claims fund to reimburse documented damages from prescribed burning; DFPC staff are developing rules, fee structures and claims procedures and plan stakeholder rulemaking to clarify reciprocity for certified burners from other states or agencies. DFPC is also planning a centralized state portal to list certified burners, register prescribed‑fire plans, host guidance documents and link permitting and smoke‑management resources. The agency recently added another prescribed‑fire specialist position to increase capacity.
Council members recommended surveying other Western states for successful liability and pooled‑insurance models and ensuring reciprocity so out‑of‑state trained burners are not required to duplicate training. Members emphasized a mix of short‑term fixes and longer‑term funding and staffing increases to scale prescribed‑fire work safely and equitably across jurisdictions.
No formal council vote was required for the update; the council invited continued participation in the subcommittee and asked staff to return with clarified timelines and draft rules for the new cash‑claims fund.
