§ 24-33.5-1217.5 — Minimum prescribed burning standards

Colorado § 24-33.5-1217.5

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Public Safety

Text

(1) The prescribed
burning standards adopted by the director pursuant to section 24-33.5-1217
(5)(a)(II)(B) must, at a minimum:

(a) Ensure that prescribed burning is the controlled application of fire to
vegetative fuels under specified environmental conditions in accordance with a
written prescription plan, which plan:

(I) Is designed to confine the fire to a predetermined area;

(II) Is designed to accomplish planned land management objectives, as those
objectives are determined by the property owner or natural resource management
authority; and

(III) Conforms to this article and the rules and standards adopted in
accordance with this article;

(b) Include information on planning, preparing, and implementing safe,
effective prescribed burning, which information:

(I) Is based on the interagency prescribed fire planning and implementation
procedures guide, as amended, published by the national wildfire coordinating
group, or by any successor group; and

(II) Contains specific criteria with respect to masticated fuels;

(c) Require at least one person, who must be qualified by national wildfire
coordinating group standards as a prescribed burn boss at the level commensurate
with the complexity of the burn, to be present on site:

(I) During the conduct of the prescribed burn; and

(II) (A) Until the fire is adequately confined to reasonably prevent escape of
the fire from the area intended to be burned; or

(B) Until the prescribed burning is completed and all fire is declared to be
out;

(d) Establish appropriate guidelines sufficient to:

(I) Conduct the burn in accordance with the prescription plan; and

(II) Provide adequate protection for the safety of persons and of adjacent
property;

(e) Evaluate alternatives to prescribed burning, such as mechanical
treatment, and guide the user through the safe and prudent application of
prescribed burning, when it is determined to be an appropriate method; and

(f) Set forth requirements for record keeping; public information campaigns;
and timely notice of prescribed burning to adjacent landowners, local authorities,
and, to the extent practicable, potentially affected neighbors.

(2) All users of prescribed fire shall comply with the applicable provisions of
the Colorado Air Pollution Prevention and Control Act, part 1 of article 7 of title
25, C.R.S., and its implementing regulations, and shall obtain a permit for
prescribed fire pursuant to section 25-7-123, C.R.S.

(3) The rules and standards adopted by the director must be promulgated in
consultation with the Colorado state forest service as described in part 3 of article
31 of title 23, C.R.S., the Colorado prescribed fire council, or an analogous
successor organization, and other subject matter experts as the director deems
appropriate. In promulgating such rules and standards, the director shall consider
the current state of research and best management practices for prescribed
burning.

Legislative History

Source: L. 2013: Entire section added, (SB 13-083), ch. 249, p. 1306, � 7, effective May 23. L. 2014: IP(1)(c) amended, (HB 14-1010), ch. 175, p. 643, � 3, effective May 12.