San Miguel County planning commission unanimously recommends county adopt Colorado Wildfire Resiliency Code

The San Miguel County Planning Commission voted unanimously on March 12, 2026, to recommend that the Board of County Commissioners adopt the Colorado Wildfire Resiliency Code, a state-level set of wildfire-mitigation requirements created under Senate Bill 23-166.

Staff presenter Matt told commissioners the law was created in response to catastrophic wildfires and establishes minimum statewide standards for structure hardening and site work in wildland-urban interface areas. "This is a law in the state of Colorado that was brought to us thanks to Senate Bill 23-166 in 2023," Matt said, explaining that the state created a Wildfire Resiliency Code Board to define where the code applies and to write the standards.

Why it matters: under the code, enforcement is triggered when a building permit is obtained. Matt explained that new construction after the code’s effective date and remodels or additions above code thresholds will need plan documentation showing compliance with material and siting requirements. "Enforcement compliance ... is triggered only when a building permit is obtained," he said.

Commissioners focused on how the state map assigns risk. Matt demonstrated the state's hexagon-based risk map and said the county plans to apply a rule that if more than 50% of a parcel lies inside a risk zone the county will treat the parcel as in that zone; he also described a ground-truthing mechanism that allows an applicant, at their expense, to hire a qualified professional to argue a parcel belongs to a lower-risk zone.

The commission pressed staff for details on exemptions and remodel triggers, including the distinction between accessory structures and permitted buildings, and on what remodel work triggers retrofit requirements under the code's percentage thresholds. Matt described common options for meeting the code’s structure-hardening standards — for example, enclosed eaves, specified exterior wall assemblies that can achieve a one-hour rating, and class-A roofing — and said there is flexibility in construction choices so long as assemblies are listed or otherwise match accepted test standards.

Local enforcement issues drew sustained attention. The presenter noted the statute treats counties and fire protection districts as governing bodies on equal footing, meaning the county must coordinate with local fire districts on inspections and approvals. Matt said for areas of the county without an active building-permit program (the West End zone was discussed), staff plan to notify property owners and handle compliance differently, including letters and outreach.

After public discussion and questions from commissioners about practical impacts — such as driveways, landscaping buffers, and how insurance markets may respond — a motion was made and seconded to recommend that the county commissioners adopt the Colorado Wildfire Resiliency Code pursuant to Senate Bill 23-166 (the motion language included a target of "no later than April 1, 2026"). The motion carried unanimously; the transcript records "motion carries unanimously" but does not show a roll-call vote tally.

Next steps: the Planning Commission’s recommendation will be transmitted to the Board of County Commissioners for final action. Staff emphasized the statutory timelines affecting adoption and said they will return with ordinance or resolution language and guidance on how the county will document compliance and process building permits under the new requirements.