After several years and countless hours of work, La Plata County commissioners adopted a state-mandated wildfire resiliency code last week.
The 2025 Colorado Wildfire Resiliency Code – intended to promote wildfire resilience by setting standards for hardening structures and creating defensible space – stems from legislation passed in 2023. The law required local governments to adopt a compliant code by April 1.
The bill has been criticized by local officials as an unfunded mandate on already strained governments. Last April, county officials warned enforcement could add pressure to already stretched departments and budgets and increase building costs.
However, almost a year later, county officials have tempered some of those criticisms and say the code may help local homeowners reduce the cost of home insurance or obtain coverage.
Additionally, county officials said months of collaboration with community stakeholders on the wildfire code board has led to a code tailored to the county’s limited resources while meeting state requirements – mitigating some of the initial concerns.
The new regulations are codified as Chapter 19 of the county code and apply to properties in wildfire hazard areas identified on the state’s wildfire resiliency map, which classifies risk based on projected fire intensity.
The map designates areas by hazard level, determining how strict code requirements are.
- Class 1 standards apply to lower-risk areas and are less stringent.
- Class 2 standards apply to medium- or high-risk areas and are more stringent.
Much of La Plata County is classified as medium- or high-risk, which means both Class 1 and Class 2 standards apply.
The code is triggered by building permits for new construction and certain exterior modifications and does not apply retroactively to existing structures. Some exemptions apply, including for smaller, nonhabitable accessory structures.
The regulations are divided into two primary components: Structure hardening, which governs building materials and design, and site and area requirements, which address defensible space and vegetation management.
County officials said many structure-hardening standards were already in place under existing building codes, while the most significant changes relate to defensible space requirements.
The code applies only to unincorporated areas of the county, specifically those outside municipal boundaries. It does not apply to federal or tribal lands.
The rules take effect June 17 and apply to permit applications submitted after that date. Existing approved projects will generally be grandfathered in.
Last year, county officials expressed concern that an expanded land-use code would increase the workload of the planning and building departments, stretching them too thin. Officials also raised concerns about the enforcement component.
Because the state provided no additional funding for local governments alongside the Colorado Wildfire Resiliency Code, the onus falls on counties, which officials said in 2025 would be unfeasible.
The county initially considered its own wildland-urban interface code but changed course after the state released a flexible, skeletal code allowing local customization, said Rob Farino, emergency management director.
While large cities with more resources chose more stringent, enforcement-heavy approaches, La Plata County opted for a lighter-touch model – what Farino calls a “carrot approach.”
Rather than relying on a “stick” – punitive enforcement – the “carrot” uses incentives and encouragement to promote compliance.
Instead of inspections and withholding occupancy, the county will require homeowners to submit a landscape plan that complies with the defensible area codes and sign an affidavit committing to follow it, Farino said.
The county will not conduct routine follow-up inspections; instead officials will refer homeowners to the fire department, where they can sign up to receive an optional mitigation/fire hazard assessment, he said.
That shifts more responsibility to homeowners, which should reduce administrative burden on planning and fire departments.
The structure hardening component is required for building permit approval, meaning enforcement mechanisms will already be in place, Farino said.
Last spring, the county warned the code could increase construction costs by 15% to 20% in an already expensive housing market.
However, Fire Chief Randy Black said such a jump is unlikely, putting the increase closer to 5%.
There remains some debate about how significant the increase could be.
At a recent board meeting, commissioners cited analysis from Headwaters Economics suggesting costs may not rise as much as initially feared. However, the county’s building team expects costs to be higher than Headwaters projected after consulting with local builders on material pricing, said Community Development Director Lynn Hyde.
The potential increase in construction costs remains a concern, she said.
She also said building permits could increase by 25% to 50%, as the code is expected to expand permitting requirements and increase demand.
“It’s my hope that the increased cost will help a property owner with insurance, and perhaps they’ll be able to see some return on that increased cost upfront,” she said.
Whether that proves true remains to be seen. The reality is that “insurance companies are not bending to the will of the state mandate at this point in time,” Farino told commissioners March 17.
“We can talk about all of these exterior things, but it really boils to safety,” he said.
The commissioners echoed some concern that adopting the code could negatively affect home insurance for properties that are not in compliance.
Whether that will occur remains uncertain.
Community development department staff members said they are unable to speak for the insurance industry and that there has been no commitment to insure more homes or drop fewer policies because of the code.
A bill passed requires insurances to consider mitigation efforts when setting premiums, but it provides no guarantee.
jbowman@durangoherald.com
