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Elbert County officials raise concerns as state wildfire resiliency code approaches adoption deadline
Summary
Elbert County building staff summarized the Colorado Wildfire Resiliency Code and said it applies only to new construction; commissioners and a local newspaper reporter urged caution and sought confirmation that the statewide April 1 adoption deadline may be delayed.
J.R. Trout, Elbert County building official, briefed the Board of County Commissioners on the Colorado Wildfire Resiliency Code, telling the board the measure establishes statewide guidance for hardening structures and defensible space in the wildland‑urban interface.
Trout told commissioners the code was created under state legislation and administrative rules and “is only applicable to new structures.” He added the code applies when a permit is required and is not retroactive: “so, it’s not going to be people going out and checking your current house,” Trout said.
The presentation noted the code was developed following the 2023 law establishing the Wildfire Resiliency Code Board and was codified in state administrative code (as presented to the board). Trout said the code, as presented to counties, carried an adoption deadline of April 1 and an enforcement date of July 1.
Commissioner Schroeder and Commissioner Buck said they had substantive concerns about the draft’s narrow drafting and how the county would handle enforcement. “To me, it’s another example of the state doing a top‑down you will do this without referring or referencing the local people who have better knowledge,” Commissioner Schroeder said, adding that the county would review possible edits and consult with fire chiefs.
John Hill of Rancheland News told the board that, according to attorney Josh Meyers, the state may postpone the April 1 deadline to Aug. 1 and that the Colorado Municipal League planned to pursue a one‑year delay. The board asked staff to verify any change to the state schedule.
A county representative told commissioners the county’s final decision is scheduled for April 2 after four weeks of published notice and that staff would monitor whether the state amends the implementation timeline.
The board did not take action on the code at the March 11 meeting; commissioners said they would continue review and coordinate with fire chiefs and county staff ahead of the April 2 meeting.
