Colorado § 24-33.5-1217.5 - Minimum prescribed burning standards.

§ 24-33.5-1217.5. Minimum prescribed burning standards.

(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.

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.

Cross references: In 2013, this section was added by the "Colorado Prescribed Burning Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.