The Cortez City Council on Tuesday adopted a state-authored building code intended to reduce wildfire spread in areas bordering or intermingling with wildlands. The code will take effect April 1. The state requires local governments to enforce it by July 1.
The wildfire resiliency code will apply to new developments on the outskirts of the city, where brush and forests meet human settlements. Requirements vary based on fire risk, but the code primarily mandates the use of fire-resistant materials and wildfire-conscious landscaping.
“Colorado wildfires have grown in intensity and frequency and devastation since the year 2000,” said Jason Armstrong, city planner and interim director of community and economic development. “A combined approach of structure hardening and reducing fire risk and defensible space surrounding structures is necessary to reduce the risk of damage to Colorado communities from the effects of wildfires.”
Armstrong cited the Marshall Fire’s outsized impact on homes, businesses, land and lives more than four years ago.
City officials acknowledged enforcement will create additional work for staff. Under amendments approved by council, Cortez will track added costs incurred by the city to administer and enforce the code. If those costs become burdensome, the city may request state funding or rescind the ordinance adopting the wildfire resiliency code.
Concerns about the financial impact were raised during the meeting. Montezuma County rejected implementation of the code last year, citing a lack of building codes and an enforcement division and calling the requirement an “unfunded state mandate.”
“We already know that we have affordability issues with building in our community. And I think that we need to be tracking our costs on administering this and then reporting that to the state to say, ‘You guys need to be helping to pay for this,’” said council member Robert Dobry, who raised similar concerns during the previous City Council meeting.
He applauded city staff for the new amendments.
“This is an unfunded mandate. This is something that would have been much better conceived as a program that included grants to local communities and even potentially to homeowners to help support that,” Dobry said.
Developers and builders also will shoulder some of the burden. The Durango City Council has already adopted the code, and officials there estimate construction costs could rise about 20% after enforcement begins July 1.
Sean Canada, Cortez’s fire and building inspector, said the codes would affect only a small number of projects within city limits.
“What we're looking at is the periphery of the town. Very few lots actually exist in that,” Canada said.
Canada said the Cortez Fire Protection District will work with city staff to enforce the rules by identifying properties within wildfire-risk areas and evaluating construction sites to determine how the code applies.
“I don’t think that there’s going to be a lot extra to it. It is going to take a little bit more time,” Canada said.
While the city finalizes its enforcement plan ahead of summer, staff plan to organize informational and engagement sessions for developers, construction professionals, materials suppliers and trade organizations. City staff also recommended public engagement sessions following the code’s implementation.
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