Fire planning authority.

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(1) The board of county commissioners of each county in the state, subject to the requirements of section 25-7-123, C.R.S., may prepare, adopt, and implement a county fire management plan that details individual county policies on fire management for prescribed burns, fuels management, or natural ignition burns on lands owned by the state or county. Such plans shall be developed in coordination with the county sheriff, the division of fire prevention and control in the department of public safety, and the appropriate state and local governmental entities. All interested parties shall have the opportunity to comment on the plan prior to its adoption and implementation.

(2) County fire management plans created pursuant to subsection (1) of this section shall:

  1. Clearly define appropriate responses in order to mitigate immediate threats to publicsafety; and

  2. Set forth the conditions under which prescribed or natural ignition fires shall be managed.

  1. Any county that adopts and adheres to a county fire management plan shall be accorded liability protection pursuant to article 10 of title 24, C.R.S.

  2. Federal government agencies, subject to the provisions of sections 25-7-106 (7) and(8) and 25-7-114.7 (2)(a)(III), C.R.S., and private landowners may enter into memoranda of understanding with the board of county commissioners to include public or private lands that are within the boundaries of the county under the county fire management plan. Counties may purchase an indemnification insurance policy and private landowners who enter into memoranda of understanding with the board shall have the opportunity to opt into such policy.

  3. Nothing in this section shall infringe upon or otherwise affect the ability of agricultural producers to conduct burning on their property.

Source: L. 2000: Entire section added, p. 1304, § 8, effective May 26. L. 2013: (1) amended, (SB 13-083), ch. 249, p. 1310, § 15, effective May 23.

Cross references: For the legislative declaration in the 2013 act amending subsection (1), see section 1 of chapter 249, Session Laws of Colorado 2013.


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