BOARD OF COUNTY COMMISSIONERS OF
HINSDALE COUNTY, COLORADO
ORDINANCE NO. 2-2013
AN ORDINANCE ESTABLISHING AN OPEN BURN PERMIT SYSTEM IN
UNINCORPORATED HINSDALE COUNTY, COLORADO
WHEREAS, pursuant to § 30-15-401, et seq., C.R.S., the Board of County
Commissioners of Hinsdale County, Colorado (hereinafter “Board”) has the power to adopt
ordinances for control of those matters of local concern; and
WHEREAS, § 30-15-401(1)(n.5)(II), C.R.S., specifically requires counties that have a
substantially forested area to develop an open burn permitting system for the purpose of safely
disposing of slash; and
WHEREAS, the reduction of hazardous fuels on state and private land is beneficial to the
safety of the general public by reducing the threat of unwanted wildfires and improves the
healthy condition of the forests; and
WHEREAS, the use of fire as a tool for the disposal of unwanted slash is most
appropriate when accomplished with consideration of measures that contain the fire within a
desired location, minimize smoke emission, and mitigate any other potential negative impacts;
and
WHEREAS, the purpose of this Ordinance is to provide a permitting system that allows
persons to openly and safely burn slash and other permitted materials, inform persons of
considerations for the appropriate, safe and effective way to use fire as a tool, and to increase
public awareness and protect the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF HINSDALE COUNTY, COLORADO, AS FOLLOWS:
1.
Applicability. This Ordinance shall apply in the unincorporated areas of
Hinsdale County, Colorado.
2.
Definitions. For purposes of this Ordinance, the following shall mean:
a.
Agricultural burning. The burning of cover vegetation for the purpose
of preparing the soil for crop production, weed control, maintenance of water conveyance
structures related to agricultural operations, and other agricultural cultivation purposes.
b.
Broadcast burn. The controlled application of fire to wildland fuels in
their natural or modified state over a predetermined area. Broadcast burns do not include the
burning of wildland fuels that have been concentrated in piles by manual or mechanical methods.
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c.
Extinguished. No visible flame, smoke or emissions exist.
d.
Open burning. A fire started and intentionally used for grassland or
forest management, including vegetative, habitat, or fuel management. Open burning includes
both broadcast and pile burning. Open burning shall not include:
i.
Agricultural burning;
ii.
Smokeless flares or safety flares for the combustion of waste
iii.
Flares used to indicate danger;
gases;
iv.
Emissions from fireplaces, fire pits, chimineas, or other approved
wood burning containers that are used for non-commercial, recreational or aesthetic purposes
using clean, dry, untreated wood or charcoal; and
v.
Reasonable camp fires that are contained by a fireplace or fire pit,
and which are used for cooking, warmth, lighting, ceremonial or aesthetic purposes, and that are
not within a building, mobile home, other living accommodation, or mounted on a motor vehicle.
Camp fires include dry untreated wood fires, charcoal fires, and fires contained within portable
gas stoves and barbeque grills.
e.
Person. Any individual, association, organization, partnership, firm,
corporation, business or other entity recognized by law.
f.
Pile burning. Burning of vegetative material that has been concentrated
by manual or mechanical methods.
g.
Prescribed burning. The controlled application of fire in accordance
with a written prescription for wildland fuels under specific environmental conditions while
following appropriate precautionary measures that ensure that the fire is confined to a
predetermined area to accomplish the planned fire or land management objectives.
h.
Slash. Woody material less than six inches (6”) in diameter consisting of
limbs, branches, and stems that are free of dirt. “Slash” does not include tree stumps, roots, or
any other material.
i.
Substantially forested area. A Colorado county that has at least fortyfour percent (44%) forest cover as determined by the state forester appointed pursuant to § 2331-207, C.R.S.
3.
Open Burn Permit Requirement. No person shall conduct open burning on
privately owned property within the unincorporated areas of Hinsdale County, Colorado without
first obtaining an open burn permit from the Hinsdale County, Colorado Sheriff’s Office
(hereinafter “Sheriff”); except that no permit is required where open burning is conducted
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pursuant to Federal and State guidelines that have a prescribed burning plan. The Sheriff can be
contacted at (970) 944-2291, or see, www.hinsdalecountysheriff.com.
4.
Open Burning Regulations.
a.
County Permit. For open burning of fifty (50) piles or less in a project
area, ten (10) acres or less of grass, or five (5) acres or less of other vegetation, persons shall first
apply for and obtain an open burn permit from the Hinsdale County, Colorado Sheriff’s Office
(hereinafter “Sheriff”). Subsequent to the filing of an open burn permit application and prior to
any open burning, the Sheriff shall send a notice to the applicant via U.S. mail and/or email
stating whether the permit application has been approved or denied.
b.
State Permit. For open burning of more than fifty (50) piles in a project
area, more than ten (10) acres of grass, or more than five (5) acres of other vegetation, persons
shall first obtain an air quality permit from the Colorado Department of Public Health and
Environment (hereinafter “CDPHE”). If an air quality permit is obtained from CDPHE, the
applicant must provide said permit to the Sheriff prior to commencing open burning.
c.
Revocation. An open burn permit may be revoked by the Sheriff at any
time if any of the conditions necessary for the issuance of the permit are not complied with.
d.
Notifications.
i.
Persons with an open burn permit must notify the Sheriff on the
day of and immediately before commencing open burning.
ii.
Pursuant to C.R.S. § 30-15-401(1)(n.5)(II)(F), persons with
respiratory conditions and persons owning land contiguous to a property upon which open
burning is to occur, and who wish to be notified of the date, time and location of an open burn,
must first submit a written request to the Sheriff. Such written request shall include the name,
physical and mailing address, telephone number and email address (if any) of the requesting
person.
e.
Monitoring. Open burning must be constantly and directly attended and
observed by a competent and non-physically or mentally impaired person eighteen (18) years of
age or older. Appropriate extinguishing equipment must be available and ready for immediate
use. An open burn permit must be in possession of the person attending and observing the open
burning at all times.
f.
Distance from structures. Open burning must be conducted at least fifty
feet (50’) from any structure or combustible fence.
g.
Items not to be burned. The open burning of rubber, tires, plastics, wire
insulation, treated wood, any other hazardous materials, and any other excessive smoke
producing material is not permitted.
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h.
Time of open burning. The applicant must specify a 30 day time period
of when the open burning is to occur. Open burning shall only commence between sun-up and
11:00 a.m. and shall be out by sun-down. Open burning shall only occur within the date range
specified on the open burn permit application. Burns may occur after sun-down only when the
burn permit states explicit reasons for such extended burning timeframe. Except as previously
stated, all open burns shall be extinguished by sun-down.
i.
Slash burning. Open burning of slash piles is permitted only when there
are predicted or actual winds of 10 mph or less on the day of the burn, and the ground
surrounding the slash is reasonably moist so as to avoid the fire from quickly spreading.
j.
Fire bans. There shall be no open burning, with or without a permit,
during State or County imposed fire bans, unless express written consent is first obtained from
the Sheriff specifying the reasoning such open burning is permitted despite a fire ban being in
effect.
k.
Permit Application Fee. A reasonable application fee may be charged,
as determined by Hinsdale County, to cover any and all administrative costs related to issuing the
permit and complying with this Ordinance.
5.
Enforcement. This Ordinance shall be enforced by the Hinsdale County,
Colorado Sheriff’s Office pursuant to the penalty assessment procedures set forth in § 16-2-201,
C.R.S. In order to enforce this Ordinance, the Sheriff shall have access to any property in which
an open burn is to occur.
6.
Open Burning Criteria. The Sheriff shall consider the following factors in
determining whether, and upon what conditions, to issue an open burn permit:
a.
other structure; and
b.
The location and proximity of the proposed burning to any building or
Meteorological conditions on the day or days of the proposed burning.
7.
Violations and Penalties. Violation of this Ordinance shall constitute a class 2
petty offense, and upon conviction, shall be punishable by a fine of $100.00 for a first violation,
$200.00 for a second violation, and $1,000.00 for each successive violation thereafter. In
addition, persons convicted of a violation of this Ordinance shall be subject to a surcharge in the
amount set out in § 30-15-402, C.R.S.
8.
Severability. If any provision of this Ordinance or the application thereof shall
be held invalid by a court of competent jurisdiction, such holding shall not affect the
applicability of the remaining provisions of the Ordinance which shall remain in full force and
effect.
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INTRODUCED, READ AND ADOPTED ON FIRST READING, this _____ day of
__________________, 2013, and ordered published by title only in the Lake City Silver World
on the ______ day of ___________________, 2013.
BOARD OF COUNTY COMMISSIONERS OF
HINSDALE COUNTY, COLORADO
By: _____________________________
Cindy Dozier, Chair
ATTEST:
____________________________
Clerk
ADOPTED ON SECOND AND FINAL READING, this ____ day of ______________,
2013.
BOARD OF COUNTY COMMISSIONERS OF
HINSDALE COUNTY, COLORADO
By: _____________________________
Cindy Dozier, Chair
ATTEST:
____________________________
Clerk
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