Archuleta County Planning Director Pamela Flowers presented information related to impacts of the new Colorado Wildfire Resiliency Code (CWRC) to the Archuleta County Board of County Commissioners (BoCC) during a June 17 work session.
Flowers explained that Senate Bill 23-166 established a Wildfire Resiliency Code Board, which “requires … adoption by any governing body with jurisdiction in an area within the [wildland-urban interface, WUI].”
Flowers also described the bill as an “unfunded mandate,” with Commissioner Veronica Medina stating, “This fits it perfectly.”
Medina noted that she and Flowers both testified in opposition to the bill, which Medina noted ended up falling “on deaf ears.”
During the work session, Flowers indicated that the bill requires the Wildfire Resiliency Code Board to adopt a code by July 1 of this year, and that the county would have three months from then for it to adopt the code.
She also noted that enforcement of that code would start three months after it is adopted, indicating that it would begin Jan. 1, 2026.
During the work session, Flowers explained that the code requires jurisdictions to declare WUI within the jurisdiction as defined by the code.
She noted the definition of WUI to be a “geographical area where structures and other human development meet or intermingle with wild land and vegetative fields.”
Flowers explained that part of her testimony included asking the state if jurisdictions could define their own WUI, but noted the CWRC does not allow that.
She went on to mention the wildfire resiliency code applies to new construction, alteration, movement repair, maintenance and any building structure or premises that contain occupiable or habitable space or change in use resulting in occupiable or habitable space with the WUI.
“So, that’s most of the county,” she said
Flowers explained that the wildfire intensity classification map shows areas of high intensity marked by a solid red color and areas of low intensity marked by a solid yellow color.
“And there’s a few areas that don’t have any color down by Navajo [Lake], so those would be outside of the requirement for this,” she added.
Flowers explained that “structure hardening” and “site prep” are two things that have to be done if a property is located in any WUI area and, depending on the intensity level, properties have to comply with class one and/or class two requirements.
“In our jurisdiction, the vast majority have to do everything in this code,” she said.
Flowers explained that structure hardening has to do with the exterior design and construction of a new building and does not apply to interior remodels.
She noted that the building materials used for structure hardening must be noncombustible, fire retardant treated or ignition resistant, which refers to the 2024 International Building Code, American Society for Testing and Materials or the Underwriters Laboratories building standards.
According to Flowers, class one requirements apply to roof construction, materials, gutters, downspouts and ventilation openings, whereas class two requirements apply to all of those included in class one plus eaves, soffits, fascia, flashing, exterior wall construction and covering material, underfloor enclosure, exterior windows and doors, garage doors, decking materials, and any detached accessory structures within 50 feet of occupiable or habitable space.
Flowers explained that, under these requirements, there is only one type of roof shingling that would not be allowed, noting that fiberglass and asphalt shingles are permitted.
“So, it’s not too bad as far as limiting what people can do,” she said.
Flowers added that it may get “tricky” when looking to apply the CWRC to remodels and roof replacements.
Flowers then explained what defensible space is defined under the CWRC, noting that, for class one requirements, the immediate structure ignition zone is up to 5 feet from the building and includes ignition-resistant plantings, tree crowns and branch trimming, noncombustible hard surface materials, and retaining wall and fence materials.
The defensible space for class two includes all class one requirements, and identifies an intermediate structure ignition zone of 5 to 30 feet from the building where dead plant material from live vegetation must be removed, and it prohibits accumulation of logs, branches, slash and combustible mulch. It also includes shrub spacing of at least 10 feet from tree branches.
Flowers went on to explain exceptions to the CWRC, which include 35-acre parcels with only one residence that are not abutting residential or commercial areas.
Another exception is for the first installation of homes built through the U.S. Department of Housing and Development (HUD), Flowers indicated, explaining that HUD homes are exempt from structure hardening on first installation.
Utility buildings such as agriculture buildings, solar panels and car ports that are more than 50 feet from an occupiable or habitable building are also exempt, Flowers noted.
She noted that tool sheds and other storage units with a floor area of less than 120 square feet and at least 10 feet from an occupiable or habitable building are exempt, as well.
She added that reconstruction, replacement, alteration or the repair of an existing roof covering less than 25 percent of an existing area are also exempt from the CWRC.
Additions that do not increase the footprint of a structure by more than 500 square feet are exempt from the code, as well, Flowers noted, explaining that with an addition less than 500 square feet, “none of it has to comply with the code.”
If the addition is larger than 500 square feet, “the addition has to comply with the code, but the rest of the house does not,” Flowers said.
“There is nothing in this code that triggers the house has to become compliant in the context of additions,” she added, noting that replacing siding or roofing might trigger the need for code compliance.
Flowers went on to explain the next steps for the county, mentioning that the county needs to adopt the code no later than Oct. 1, with enforcement to begin Jan. 1, 2026.
She also explained that the county could adopt its own wildfire resiliency code that at least meets the CWRC standards, “and I don’t see any reason we would want to go more restrictive than this code.”
In response to a question from Medina on if the county could establish its own WUI, Flowers replied that she “can’t imagine a circumstance where we would be able to define something out of the WUI on its definition.”
Flowers noted that the CWRC allows for property owners to go through a process to have their intensity level changed.
Flowers also explained that the county will need to appoint a code official, which she suggested be Chief Building Official Tony Medved.
“It will involve more inspections than we do now,” Flowers said.
Medina expressed her dissatisfaction with the CWRC and the impacts it will have on the county, stating, “I’m not happy with it by any means.”
She went on to mention that it’ll be important to communicate the new code requirements with the community.
“We’ve got to let the public know that … this is real, it’s here and we’re gonna have to start enforcing it,” Medina said, noting that building in Archuleta County is already difficult with high prices and trouble getting materials.
She added that the CWRC “could make it more difficult.”
Commissioner John Ranson mentioned he wanted to know what kind of costs the code would have directly on the county.
Flowers explained that she would likely request two additional staff members for her department, noting that current permitting processes usually take about 30 days, “and I don’t want that to get longer.”
Medina commented that the county is not receiving some of the funding that it normally gets from the state, because the state overspent on its last budget and there are still questions around certain federal dollars.
“I definitely am not looking to expand anybody’s capacity as far as staff goes,” she said.
She added that she would like to see “no new staffing, no new vehicles,” explaining the county is going to have to tighten its budget.
“I think we need to buckle down,” Medina said, noting that Flowers has been able to reduce her department’s budget.
“You’ve done that,” she added.
Ranson also mentioned the county is joining a group of counties around the state that is banding together to fight against unfunded mandates.
“These have got to stop,” he said.
clayton@pagosasun.com
