Pitkin County planning commission recommends adoption of Colorado Wildfire Resiliency Code text amendments

ASPEN — The Pitkin County Planning and Zoning Commission voted Jan. 20 to recommend that the Board of County Commissioners adopt land-use text amendments to align county regulations with the Colorado Wildfire Resiliency Code (CWRC).

Planning staff presented the package of edits — which modify chapters 6, 7, 9 and 11 of the county land-use code — and outlined a schedule for the Board of County Commissioners: first reading Feb. 25, second reading March 25 and the code becoming effective roughly 30 days after public notice, likely in late April or early May. "Today, we are talking about the Colorado wildfire resiliency code land use text amendments," staff said while walking the commission through the proposed changes and the state mapping that assigns much of the county to medium and high wildfire-intensity zones.

Why it matters: the state’s model code standardizes wildfire mitigation measures such as defensible space, roof and window requirements, and structure-hardening measures. Staff told the commission that many technical rules (for example, building materials and structure-hardening details) will move into the building code, while the land-use code will reference those building-code requirements so the county does not duplicate regulatory language.

Key points and clarifications

• Hazard mapping: Staff showed the CWRC wildfire-intensity map and noted it identifies a large swath of Pitkin County as medium or high intensity, which makes avoidance impractical in many locations and shifts the emphasis to mitigation. "The wildfire hazards are unavoidable with the new mapping, and so it's all about mitigating for the hazard," staff said.

• Division between land-use and building code: Staff proposed that planning review retain oversight of activity envelopes and site-level findings (including ground-truthing/site-specific fire-intensity analyses) so applicants know mitigation expectations before building-permit review.

• Exemptions and holdings: The county will keep limited land-use provisions for two CWRC exemptions: (1) meets-and-bounds parcels of 35 acres or greater with a single residential structure that do not share a property boundary with other developed lots, and (2) historic-preservation assets protected for their integrity. Staff said Pitkin County has approximately 25–26 properties that might fall into the large-parcel exemption.

• Riparian vegetation and setbacks: Commissioners pressed staff on whether defensible-space work could be used to clear riparian vegetation. Staff said existing riparian setbacks and water-quality protections remain in place and proposed adding clearer cross-references so wildfire mitigation cannot be used as a pretext to remove vegetation that would otherwise be protected.

• Fuel tanks and storage: Commissioners asked whether underground fuel tanks should be allowed. Staff said the model guidance recommends above-ground tanks where practicable and that the county could either encourage above-ground tanks or retain both options with a preference noted, but no final prohibition was adopted at this meeting.

• Enforcement and fire-department capacity: Several commissioners raised concerns about the additional plan-review and inspection burden on local fire districts. Staff noted intergovernmental agreements (IGAs) and existing fee-sharing practices and said staff would monitor whether a fee ordinance or revised IGAs are necessary to ensure capacity.

Commission action

The commission approved two specific edits to the draft language (D1 and D2): changing the D1 phrasing to direct readers to "review building spacing and structure hardening requirements" and adding a D2 clause that compliance with site and area requirements shall be completed during applicable planning review (activity envelope, site plan, or other planning process). Commissioners voted in favor of those edits.

Later, after additional clarifications and a commitment to refine language about ignition-resistant plant lists (adding an exception path "as approved by the fire code official") and to continue work on riparian protections and fuel-tank language, the commission moved to adopt a resolution recommending the BOCC adopt an ordinance to amend the Pitkin County land-use code to reflect the CWRC. The motion carried; commissioners recorded affirmative votes and Commissioner Joe Kraybacher explicitly stated his support during the roll-call portion of the meeting.

What remains and next steps

Staff said it will: refine the language on riparian protections and plant-list exceptions, finalize the D1/D2 edits in the packet sent to the BOCC, confirm how fuel tanks will be treated in the building-code package, and continue outreach (a public webinar and office hours are scheduled next week). Staff also plans to reconfirm whether a fee ordinance or IGA amendments will be needed to fund additional fire-district review work.

The commission’s recommendation sends the amended land-use text to the Board of County Commissioners for first and second readings in February and March. The board will consider the staff-drafted ordinance and the companion building-code amendments, which contain more technical compliance and permit-level details.

Reporting note: Quotes and attributions in this article come from statements made on the record during the Jan. 20 Planning and Zoning Commission meeting video/transcript.