The Cortez City Council on Tuesday gave approval on first reading to an ordinance incorporating new wildfire resiliency building codes required by the state of Colorado, drawing concern from some council members who called the measure an “unfunded state mandate.”
The regulations aim to reduce wildfire risk in areas bordering wildlands, but city officials say they could increase construction costs and add administrative responsibilities without state reimbursement.
“In any ordinance I would like to include that we do believe that this is an unfunded mandate, that we will be tracking our costs and seeking reimbursement from the state,” Dobry said during Tuesday’s meeting.
Colorado law says state mandates can be considered optional if they increase a local government’s workload beyond what is already legally required without providing compensation.
In an interview with The Journal, Jason Armstrong, city planner and interim director of community and economic development, said the state’s intentions are positive, but the city does not yet know the financial impact of the requirements.
“The core purpose of it is to mitigate the risks associated with wildland fires,” Armstrong said. “And really what that means is just preventing fire from spreading into structures and preventing structures that are already on fire from spreading into the wildland.”
Colorado’s Wildfire Resiliency Code Board, established through legislation passed in 2023, requires communities in wildfire-prone areas to adopt its code or enact stricter standards by April 1.
The code requires construction projects to use fire-retardant, noncombustible or ignition-resistant materials in areas bordering wild vegetation. While the rules will not apply to most properties in central Cortez, they will affect many new developments near city limits.
The discussion comes as Montezuma County officials continue to emphasize fire prevention and mitigation during a dry and windy start to the season.
“This is the time of year where people need to start thinking about it,” Armstrong said. “We have a lot of wind and it's dry and we're in the drought. We haven't had any snow, so most of our concerns are based around grass fires and scrub rush fires.”
According to Armstrong, Cortez plans to adopt the state code as written.
“We’re not making it more stringent than what the state is requiring and the code that they gave us to work with,” Armstrong said. “We're going to start working on what it's going to look like when the community comes in to get a building permit.”
“We're not making it more stringent than what the state is requiring and the code that they gave us to work with,” Armstrong said.
The regulations apply to most types of construction, including fences, landscaping, decks, roofs and accessory structures.
Existing buildings in the wildfire risk zones will not be required to comply unless they undergo major repairs or expansions.
“If you’ve got one side of your house that you need to get re-sided because it’s faded out by the sun, and it’s 25% or more of the total house, then you have to redo the whole thing to meet code,” Armstrong said.
Property owners who comply with the new requirements may see reduced insurance premiums, but Armstrong said the regulations will likely increase construction costs and could affect the types of materials local suppliers carry.
“There’s more there than there used to be in terms of building code,” Armstrong said. “It is going to increase cost to the community to build and rehab. We just don't know what that number is.”
The Durango City Council has already adopted the code, and estimated construction costs could rise about 20% after enforcement begins July 1.
“The city is going to be learning along with the community in terms of what that ultimate impact is going to be,” Armstrong said.
City staff must wait on a list of acceptable fire-resistant building materials from the state and determine how to enforce the new standards before the July 1 deadline.
“Across the state, all these other communities are doing this at the same time. We’re all talking to each other at the state level,” Armstrong said, noting that the state board has created a platform for local governments to share implementation strategies.
The ordinance will go through a second reading and public comment before final approval ahead of the April 1 state deadline.
City Attorney Patrick Coleman said the measure could still be amended to formally state the city’s position that the policy is an unfunded mandate.
“I think it's important that we clarify to the state when they are not doing what they should be doing,” Dobry said.
“This bill makes sense. I think having fire regulations to provide safety and insurability for our state makes sense. But it's the state's duty to provide funding to do that, rather than passing it on illegally to municipality.”
avanderveen@the-journal.com
