C.R.S. Section 23-31-312
Community wildfire protection plans

  • biomass utilization plans
  • county governments
  • guidelines and criteria
  • legislative declaration
  • definitions

(1)

Intentionally left blank —Ed.

(a)

The general assembly hereby finds, determines, and declares that:

(I)

Community wildfire protection plans, or CWPPs, are authorized and defined in section 101 of Title I of the federal “Healthy Forests Restoration Act of 2003”, Pub.L. 108-148, referred to in this section as “HFRA”. Title I of HFRA authorizes the secretaries of agriculture and the interior to expedite the development and implementation of hazardous fuel reduction projects on federal lands managed by the United States forest service and the bureau of land management when these agencies meet certain conditions. HFRA emphasizes the need for federal agencies to work collaboratively with local communities in developing hazardous fuel reduction projects, placing priority on treatment areas identified by the local communities themselves in a CWPP. The wildland-urban interface area is one of the identified property areas that qualify under HFRA for the use of this expedited environmental review process.

(II)

The development of a CWPP can assist a local community in clarifying and refining its priorities for the protection of life, property, and critical infrastructure in its wildland-urban interface area. The CWPP brings together diverse federal, state, and local interests to discuss their mutual concerns for public safety, community sustainability, and natural resources. The CWPP process offers a positive, solution-oriented environment in which to address challenges such as local fire-fighting capability, the need for defensible space around homes and housing developments, the effect of fire ratings and combustibility standards for building materials used in wildland-urban interface areas, and where and how to prioritize land management on both federal and nonfederal lands. CWPPs can be as simple or complex as a local community desires.

(III)

The adoption of a CWPP brings many benefits to the state and adopting local community, including:

(A)

The opportunity to establish a locally appropriate definition and boundary for the wildland-urban interface area;

(B)

The establishment of relations with other state and local government officials, local fire chiefs, state and national fire organizations, federal land management agencies, private homeowners, electric, gas, and water utility providers in the subject area, and community groups, thereby ensuring collaboration among these groups in initiating a planning dialogue and facilitating the implementation of priority actions across ownership boundaries;

(C)

Specialized natural resource knowledge and technical expertise relative to the planning process, particularly in the areas of global positioning systems and mapping, vegetation management, assessment of values and risks, and funding strategies; and

(D)

Statewide leadership in developing and maintaining a list or map of communities at risk within the state and facilitating work among federal and local partners to establish priorities for action.

(IV)

CWPPs give priority to projects that provide for the protection of at-risk communities or watersheds or that implement recommendations in the CWPP.

(V)

CWPPs assist local communities in influencing where and how federal agencies implement fuel reduction projects on federal lands, how additional federal funds may be distributed for projects on nonfederal lands, and in determining the types and methods of treatment that, if completed, would reduce the risk to the community.

(VI)

The development of CWPPs promotes economic opportunities in rural communities.

(b)

By enacting this section, the general assembly intends to facilitate and encourage the development of CWPPs in counties with fire hazard areas in their territorial boundaries and to provide more statewide uniformity and consistency with respect to the content of CWPPs in counties needing protection against wildfires.

(2)

As used in this section, unless the context otherwise requires:

(a)

“CWPP” means a community wildfire protection plan as authorized and defined in section 101 of Title I of the federal “Healthy Forests Restoration Act of 2003”, Pub.L. 108-148.

(b)

“Fire hazard area” means an area mapped by the Colorado state forest service, identified in section 23-31-302, as facing a substantial and recurring risk of exposure to severe fire hazards.

(c)

“Red zone” means a wildland-urban interface area of high wildfire risk in Colorado, identified by the red zone map originally created in September 2004 by the Colorado state forest service and periodically updated to show areas where a high risk of catastrophic wildfire endangers homes, communities, utilities, and watersheds.

(3)

Not later than November 15, 2009, the state forester, in collaboration with representatives of the United States forest service, the Colorado department of natural resources, county governments, municipal governments, local fire departments or fire protection districts, electric, gas, and water utility providers in the subject area, and state and local law enforcement agencies, shall establish guidelines and criteria for counties to consider in preparing their own CWPPs to address wildfires in fire hazard areas within the unincorporated portion of the county.

(3.5)

When a community within a red zone adopts or updates a CWPP, the community is encouraged to include, as an element of the CWPP, a plan for community-based and sustainable utilization of forest biomass for the production of energy, fuels, forest products, and other applications, developed in consultation with the Colorado state forest service. As part of the plan, the state forester or the state forester’s designee may offer assistance to the communities in identifying, contracting for, and securing primarily from high-risk areas a reliable source of feedstock in support of forest products industries.

(4)

The adoption of a CWPP by a county government shall be governed by the requirements of section 30-15-401.7, C.R.S.

(5)

The state forester shall send timely notice of the guidelines and criteria established pursuant to subsection (3) of this section to the department of local affairs and to statewide organizations representing Colorado counties and municipalities and shall post such information on the website of the Colorado state forest service.

(6)

Nothing in this section affects section 23-31-309 or the wildfire preparedness plan developed pursuant to section 24-33.5-1227, C.R.S.

Source: Section 23-31-312 — Community wildfire protection plans - biomass utilization plans - county governments - guidelines and criteria - legislative declaration - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-23.­pdf (accessed Oct. 20, 2023).

23‑31‑101
University established - role and mission 23‑31‑102
Name changed 23‑31‑103
Board to control college and lands 23‑31‑104
Who shall constitute faculty 23‑31‑105
Duty of faculty 23‑31‑106
President - duties 23‑31‑107
President may remove officers 23‑31‑108
President may be professor 23‑31‑109
Report of experimental operations 23‑31‑110
Pledge of income from facilities or equipment 23‑31‑111
Rents or charges for buildings and facilities for research 23‑31‑112
Research building revolving fund - appropriation of fund 23‑31‑113
Anticipation warrants 23‑31‑114
Purchase of anticipation warrants 23‑31‑115
Warrants as security - when 23‑31‑116
Tax exemption 23‑31‑117
Borrowing funds 23‑31‑118
Advancement of moneys and pledge of income 23‑31‑119
Plant breeding programs 23‑31‑120
Cooperation with other agencies 23‑31‑121
Providing personnel, supplies 23‑31‑122
Agricultural extension service furnished counties 23‑31‑201
Transfer to board of governors of the Colorado state university system - exceptions 23‑31‑202
Powers and duties of board of governors of the Colorado state university system 23‑31‑205
Provisions of act of congress accepted 23‑31‑206
Cooperative agreements 23‑31‑207
Employees and personnel 23‑31‑208
Rights by succession to state board of land commissioners - transfers to division of fire prevention and control 23‑31‑301
Legislative declaration 23‑31‑302
Forestry function named 23‑31‑303
Funds available 23‑31‑310
Forest restoration and wildfire risk mitigation grant program - technical advisory panel - legislative declaration - definitions - repeal 23‑31‑311
Watershed protection projects and forest health projects 23‑31‑312
Community wildfire protection plans - biomass utilization plans - county governments - guidelines and criteria - legislative declaration - definitions 23‑31‑313
Healthy forests - vibrant communities - funds created - outreach working group - legislative declaration - definition - repeal 23‑31‑316
Colorado forest health council - legislative declaration - repeal 23‑31‑317
Biomass utilization study - legislative declaration - report - definitions - repeal 23‑31‑318
Wildfire mitigation incentives for local governments - grant awards - fund - reporting - definitions - repeal 23‑31‑319
Forest service seedling tree nursery - necessary upgrades and improvements - definition - funding - reports - repeal 23‑31‑320
Timber, forest health, and wildfire mitigation industries workforce development program - creation - policies and procedures - legislative declaration - definitions 23‑31‑401
Definitions 23‑31‑402
Owner’s permission required - when 23‑31‑403
Proof of ownership required - when 23‑31‑404
Violation - penalty - defense 23‑31‑501
Acceptance of congressional grant of 1862 23‑31‑502
Board of governors of the Colorado state university system to control fund 23‑31‑503
Acceptance of congressional act of 1883 23‑31‑504
Control, investment, and expending of funds 23‑31‑505
Other funds - investment 23‑31‑506
Report on condition - appropriation 23‑31‑507
Management of funds 23‑31‑508
Purpose of sections 23‑31‑509
Acceptance of congressional act of 1928 23‑31‑510
Control of funds 23‑31‑511
Congressional act of 1914 accepted 23‑31‑512
Board to receive and expend funds 23‑31‑513
Acceptance of congressional act of 1935 23‑31‑514
Control of funds from 1935 act 23‑31‑601
Acceptance of congressional act of 1862 23‑31‑602
Control of fund 23‑31‑603
Acceptance of congressional act of 1906 23‑31‑604
Board to control fund 23‑31‑605
Board to cooperate with counties 23‑31‑606
Employees and specialists 23‑31‑607
Stations established 23‑31‑608
Board to secure lands 23‑31‑609
Board to supervise 23‑31‑610
Objects of stations 23‑31‑611
Proceeds from station 23‑31‑612
Expenses - how paid 23‑31‑701
Short title 23‑31‑702
Acknowledgment of related federal laws 23‑31‑703
Responsibility and objectives 23‑31‑704
Organization - cooperative relationships 23‑31‑705
Authority to accomplish purposes of part 23‑31‑706
Reporting and accountability 23‑31‑707
Colorado AgrAbility project - extension program - creation - appropriation - legislative declaration 23‑31‑801
Colorado water institute - creation 23‑31‑802
Advisory committee on water research policy 23‑31‑803
Water research fund 23‑31‑804
Republican river groundwater economic study - reporting - legislative declaration - definitions - repeal 23‑31‑901
Legislative declaration 23‑31‑902
Annual project report - national western center trust fund - creation - use 23‑31‑903
Authorization for financed purchase of an asset or certificate of participation agreements 23‑31‑904
Cooperative agreements for regional economic development not limited 23‑31‑905
National western center partnership - open meetings and open records laws apply - audit 23‑31‑1001
Legislative declaration 23‑31‑1002
Definitions 23‑31‑1003
State veterinary education loan repayment council - creation - membership 23‑31‑1004
State veterinary education loan repayment program - creation - purpose 23‑31‑1005
Council powers and duties 23‑31‑1006
Program applicant eligibility - criteria 23‑31‑1007
Designated veterinary shortage areas - criteria 23‑31‑1008
Release from contract obligation 23‑31‑1009
Loan repayment 23‑31‑1010
Veterinary education loan repayment fund - creation - gifts, grants, and donations 23‑31‑1101
Legislative declaration 23‑31‑1102
Colorado food systems advisory council - created - membership - terms - vacancies 23‑31‑1103
Council - purpose and duties 23‑31‑1104
Subcommittees of the council 23‑31‑1105
Fund - acceptance of gifts, grants, or donations 23‑31‑1106
Reports - recommendations 23‑31‑1107
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 23-31-312’s source at colorado​.gov