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Clear Creek commissioners introduce stricter fire-restrictions ordinance, set Aug. 18 hearing

Clear Creek County Board of Commissioners · July 21, 2026
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Summary

County attorney Kathy Parker and OEM director Clarissa Boggs Blake presented Ordinance 20, which would standardize "stage 1/2/3" fire restrictions, add automatic restrictions triggered by National Weather Service red-flag warnings and clarify evidence and notification procedures; the board approved introduction and ordered publication.

Clear Creek County's Board of County Commissioners voted on July 22 to introduce Ordinance 20, a comprehensive rewrite of local rules governing open fires that would standardize three stages of restrictions, add automatic restrictions tied to National Weather Service red-flag warnings, and clarify the evidence and procedures that trigger declared bans.

Kathy Parker, the county's counsel, told commissioners that the draft "provides for automatic fire restrictions" tied to hazardous weather declarations, and said the goal was "greater consistency and predictability" so visitors and residents know what to expect. Clarissa Boggs Blake, the county's OEM director, told the board she had reviewed National Weather Service hazard types and supported using red-flag warnings as an automatic trigger: "Red flag is happening. Now that triggers automatic restrictions, not so much a critical fire watch because, again, it may or may not happen."

The draft ordinance sets three stages (stage 1, stage 2 and stage 3/closure) and lists specific prohibited activities for each stage in an accompanying exhibit. It also defines "competent evidence"—a nonexhaustive set of scientific and operational metrics (weather indices, fuel moisture, regional resource commitments, nearby fires, visitation patterns and similar indicators) that officials should consider when declaring restrictions. Commissioners and staff discussed alternatives for how automatic restrictions should interact with declared restrictions (for example, whether a red-flag warning should always bump the county up one stage) and asked staff to prepare a second-reading option that spells out both approaches.

A central governance question drew extended debate: the draft allows the board chair or vice chair to exercise the board's authority to issue a declaration outside a posted meeting, subject to ratification by the full board at its next regular meeting. Some commissioners voiced discomfort delegating that authority to a single commissioner and suggested limiting off-meeting authority to the sheriff or the county manager in emergency circumstances; others said the county needs a timely option when weather and wind create imminent danger. Parker and staff said they can provide alternative language for the second reading.

The ordinance also consolidates the county's authority over fireworks (sale, possession, use), clarifies a narrow set of statutory exemptions (agricultural burning and official duties), establishes affirmative duties for those conducting permitted activities (for example, to verify restriction status and mitigate risks), and makes clear that violators who cause a fire would be liable for response costs.

Commissioners approved a motion to introduce Ordinance 20 and order publication in the Clear Creek Current and Canyon Courier, and set a second-reading public hearing for Aug. 18, 2026, at 8:30 a.m. The motion passed by unanimous voice vote.

What happens next: staff will post the ordinance for public comment and return to the board with a second-reading packet that includes an alternative automatic-restriction approach, additional stakeholder outreach results, and any drafting edits requested by commissioners.