Elbert County reviews state wildfire resiliency code; commissioners press for clarity on enforcement and impacts

Kara of the Elizabeth Fire Department told the Elbert County Board of County Commissioners on Feb. 25 that the 2025 Wildfire Resiliency Code, created under a state legislative bill, is a state minimum that jurisdictions must adopt by April 1 and may begin enforcing on June 1.

"This code cannot be amended. It is a minimum code," Kara said, explaining the code board’s statutory charge and the statewide map of wildfire hazard classes created by the Colorado State Forest Service.

The code applies mainly to new construction and to significant alterations—Kara noted triggers such as a 500-square-foot increase to a structure’s footprint, a 25% change to exterior structural elements, or 25% roof replacement. Parcels of 35 acres or larger with only one residence are excluded unless a second residence is later added. Requirements vary by hazard class: for light (Class 1) areas the code requires Class A noncombustible roofs, noncombustible gutters and downspouts, ignition-resistant vents and noncombustible ground surfaces in the 0–5 foot zone; Class 2 areas impose additional measures including noncombustible eaves and decking, multi-pane windows and solid-core noncombustible doors.

Kara emphasized vegetation-management standards for 5–30 feet and 30–100 feet around structures to reduce ladder fuels and allow firefighters safer access, and described appendices that require vegetation plans with building permit submissions and create inspection and enforcement procedures. She said counties can develop local maps ("ground-truthing") but a local map must be approved by the WUI Code Board and will be effective for three years.

Commissioners pressed for specifics about enforcement and limits on the "code official" described in the draft. The chair asked who the code official would report to and what notice would be required before entering private property for inspections; the transcript does not specify a required notice period. Kara said enforcement would likely be a partnership between county building departments and fire districts and said fire and building codes constrain certain enforcement actions, but she acknowledged many implementation details remain to be worked out.

A commissioner argued the statute’s statewide approach raises local-control concerns and could impose costs that affect housing affordability. "First and foremost is the infringement on local land use control," the commissioner said, urging caution and noting that small counties may lack the staff and funds to implement the code as written.

No action to adopt the code occurred at the meeting. Commissioners asked for time to study the roughly 30-page draft and proposed scheduling a work session to resolve outstanding questions—including how the county will identify and assign a code official, what notice requirements will govern property entry, whether an improvement location certificate (ILC) would satisfy any survey requirement, and how summary abatement or demolition authorities would be bounded.

The state deadline for adopting the minimum code as stated in the presentation is April 1; enforcement may begin June 1. Commissioners said they will seek additional information and consider options, including whether to request an extension from state authorities or to adopt the state map as provided.

What’s next: the board asked staff and interested commissioners to review the code text in detail and return with recommendations; no adoption vote was taken at this meeting.