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THE DOLORES COUNTY BOARD OF COUNTY COMMISSIONERS WILL CONSIDER AND MAY ADOPT THE FOLLOWING REVISED ORDINANCE AT A REGULAR MEETING OF THE BOARD SCHEDULED TO TAKE PLACE JULY 6, 2026 AT APPROXIMATELY 10:00 A.M.

-THIS SHALL NOT IMPACT THE CURRENT FIRE BAN IN PLACE-

ORDINANCE 2026-02

BOARD OF COUNTY COMMISSIONERS OF
DOLORES COUNTY, COLORADO

ENACTING A DOLORES COUNTY OPEN BURNING AND LOCAL FIRE RESTRICTION ORDINANCE, REPEALING AND REPLACING DOLORES COUNTY ORDINANCE NO. 2011-2

WHEREAS, the Board of County Commissioners of Dolores County is empowered under C.R.S. § 30-11-107(1)(e), to provide for the management of the business and concerns of the County; and 

WHEREAS, pursuant to C.R.S. § 30-15-401(n.5), the Board of County Commissioners of Dolores County has the power to adopt an ordinance to ban open fires to a degree and in a manner that is deemed necessary to reduce the danger of wildfires, based upon competent evidence; and

WHEREAS, C.R.S. § 30-15-401(1)(n.7), authorizes the Board of County Commissioners of Dolores County to prohibit the sale, use and possession of fireworks, including permissible fireworks, within those portions of unincorporated Dolores County, provided such an ordinance shall be in effect for the period between May 31 and July 5 of any year only if the County adopts a resolution specifying that the Ordinance remains in effect for such period with a finding of high fire danger based upon competent evidence; and 

WHEREAS, federal and state land agencies which are responsible for management of a substantial majority of the lands within Dolores County have independent authority to impose fire bans on federal lands under their jurisdiction; and

WHEREAS, Dolores County previously adopted Ordinance No. 2011-2, allowing for fire bans in unincorporated Dolores County; and

WHEREAS, the Board of County Commissioners of Dolores County finds it to be prudent and necessary to establish a process to ban open fires, including fireworks, under conditions where such burning is dangerous to the health and safety of the community and the danger of forest and/or grass fires is high, and to require citizens to notify and obtain a verbal permit from the Dolores County Sheriff before initiating an agricultural fire and/or open burning, and to provide penalties for initiating such a fire on days when restrictions are in effect; and

WHEREAS, this Ordinance, upon adoption, shall repeal and replace Dolores County Ordinance No. 2011-2.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF DOLORES COUNTY, COLORADO:

I. TITLE
a. This Ordinance shall be known and referred to as the "Dolores County Open Burning and Local Fire Restriction Ordinance," and may be cited and referenced as such.

II. PURPOSE
The purpose of this Ordinance is to:
a. Preserve and protect the public health, safety and welfare of citizens in Dolores County by allowing the Dolores County Board of County Commissioners to restrict open fires, open burning, and/or the use of fireworks in the unincorporated areas of the County when high fire dangers exist, in order to prevent forest and grass fires; and
b. Establish open/agricultural burning definitions and allow for the implementation of restrictions on open fires and burning during severe weather conditions, to include watches and warnings issued by the National Weather Service.
c. Prohibit the open burning of trash.
d. Define applicable penalties and fee schedule for violation of this Ordinance.

III. DEFINITIONS
For the purposes of this Ordinance, the following definitions shall apply:
a. "Fireworks" -As defined in C.R.S. § 24-33.5-2001(5), any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation and that meets the definition of articles pyrotechnics, permissible fireworks or display fireworks pursuant to C.R.S. § 24-33.5-2001(11).
b. Red Flag/High Wind Temporary Fire Ban - A Red Flag/High Wind Temporary Fire Ban is in effect any time when the National Weather Service issues any of the following watches/advisories:
i. Red Flag Warning
ii. Wind Advisory
iii. High Wind Watch 
iv. High Wind Warning
c. Open Fire - As used in this Ordinance, the term "Open Fire":
i. Includes: Setting fire to any grass, wood or other combustible material outside of an enclosed structure; the use of explosives or fireworks of all kinds and brands; or outdoor welding or operating an acetylene or other torch with an open flame other than in an area cleared of all flammable materials;
ii. Does NOT include: Emissions from fireplaces, fire pits, chimaeras or other wood burning containers that have been approved for residential, recreation, or aesthetic purposes at a residence or business; campfire outside a structure or living accommodation contained by a fireplace, pit, or permanent grate used for cooking, personal warmth, personal recreation, ceremonial or aesthetic purposes or a campfire that uses charcoal, natural gas, propane or another fuel or fires within a residential or commercial fireplace.
d. Agricultural Open Burning - Colorado defines Agricultural Open Burning as: open 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." [Colorado Air Regulation 9].
e. Trash - Any mixture or quantity of flammable and/or inflammable waste materials, including but not limited to garbage, rubbish, wastepaper, plastics, wood fabric, metal, or other materials of a manmade nature which are discarded as waste from any home, institution, or business.
f. Slash/Pile Burning - Burning of vegetative material that has been concentrated by manual or mechanical methods and separated into piles.

IV. APPLICATION
a. Pursuant to C.R.S. § 30-15-401(2)(a)(I), this Ordinance shall apply throughout unincorporated areas of Dolores County (not including state or federal land), unless the Resolution enacting the ban designates a reduced area. 

V. UNLAWFUL ACTIVITIES
a. The following activities are unlawful at all times within unincorporated Dolores County:
i. Engaging in any activity prohibited when Stage I, Stage II or Stage III fire restrictions are in effect, unless otherwise exempted per the applicable resolution.
ii. No person shall initiate an Open Fire without first notify and obtaining a verbal permit from the Dolores County Sheriff’s Office.
iii. No person shall an initiate an Open Fire in unincorporated areas of Dolores County on a day when a "Red Flag/High Wind Temporary Fire Ban is in effect.
iv. The open burning of any trash, rubber, plastics, tires, asphaltic shingles, insulation or similar dense or toxic smoke-producing substances by any person, firm, corporation, cooperative, or any other entity is prohibited.

VI. OPEN BURNS THAT REQUUIRE A STATE PERMIT FROM CDPHE

a. Certain open burning may be allowed but requires a permit issued through the Colorado Department of Public Health and Environment (CDPHE) Air Pollution Control Division. These burns may include, but are not limited to, Slash/Pile Burning. See, Colorado Air Quality Control Commission Regulation No. 9, 5 Code Colorado Regulations § 1001-11 and for further information.

VII. REQUIRED NOTICE/VERBAL PERMIT – DOLORES COUNTY SHERIFF’S OFFICE
a. No person in Dolores County shall initiate or continue an agricultural open burn, broadcast burn or Open Fire as described in this Ordinance without first notifying and obtaining a verbal permit from the Dolores County Sheriff’s Office on that same day.

VIII. DECLARATION OR RESCISSION OF FIRE RESTRICTION 
a. The Board of County Commissioners shall be responsible for declaring, rescinding or modifying Fire Restrictions through formal resolution following consideration of competent evidence. When considering any such action, the Board may rely upon recommendations of the Sheriff as Fire Warden, as well as representatives of Fire Districts or Authorities. The Board recognizes that when weather conditions bring low relative humidity, dry fuel loads and the potential for extreme fire behavior; local, state and federal fire suppression and land management agencies meet on a regular basis to determine whether fire restrictions are warranted to prevent fires and protect the health, safety and property of citizens across the region. The Board shall heavily consider the conclusions and actions of those agencies when determining restrictions. Any Resolution of restrictions made pursuant to this section shall specify the Stage Level, parameters and duration of the restrictions as deemed necessary and appropriate. In the event of an urgency requiring an immediate restriction, the Dolores County Sheriff, acting as County Fire Warden, shall have the authority to declare a restriction based upon competent evidence. In such an event, the Board of County Commissioners shall consider the matter at the next Commissioner meeting for ratification, modification or recission. Additionally, the Dolores County Sheriff may grant specific exemptions to enacted fire restrictions to individuals who can present compelling grounds, and it is determined that any fire danger may be adequately mitigated.

IV. FIRE RESTRICTION STAGES
The following Open Fire Restriction Stages shall be applicable pursuant to this Ordinance:
a. STAGE I FIRE RESTRICTIONS
The following acts shall be PROHIBITED unless exempted specifically when STAGE I Fire Restrictions are imposed:
i. Open fires including agricultural burning of fields, fence rows, ditches, piles, slash or wildland broadcast burning.
ii. Smoking EXCEPT within an enclosed vehicle or building (where legally allowed) or a developed recreation site or while stopped in an area at least three (3) feet in diameter that is barren or cleared of all flammable materials.
iii. The use of explosives or fireworks of any kind (as defined) pursuant to C.R.S. § 30-15-40l(l)(n.7) to include the use of exploding targets or tracer ammunition.
iv. Use of a chainsaw or other internal combustion engine without a properly installed and operational USDA or SAE approved spark arrestor.
v. The burning of trash.

The following acts shall be PERMITTED unless specifically restricted when STAGE I Fire Restrictions are imposed:
i. Fires within a permanent fire pit, ring or BBQ grill at a private residence, or within a developed recreational site such as a campground or picnic area that is completely void of combustible material on the ground.
ii. Use of a fully enclosed (sheepherder type) stove with a ¼" spark arrester type screen.
iii. Use of residential fire features such as chiminea, tiki torches or gas fire pits when supervised by a responsible adult.
iv. Use of liquid or gas fueled stoves, lanterns and heating devices with a controlled flame and a shut-off valve.
v. Use of a chainsaw or other internal combustion engine with a USDA or SAE approved spark arrestor properly installed and functioning, while in possession of a chemical pressurized fire extinguisher of at least eight (8) ounces and a rounded point shovel with an overall length of at least 35 inches (35") readily available for use.
vi. Responsible target practice using non-exploding targets, non-tracer ammunition.
vii. Welding if conducted in a safe manner in an area void of combustible material for ten feet (10') in diameter and in possession of a chemical pressurized fire extinguisher with a minimum rating of 2A.
viii. Professional Fireworks displays with a valid permit and fire mitigation plan.

b. STAGE II FIRE RESTRICTIONS
The following acts shall be PROHIBITED unless exempted specifically when STAGE II Fire Restrictions are imposed:
i. Building, maintaining, attending, or using any fire, campfire or stove fire outside - recreational fires of all kinds are prohibited.
ii. All open and agricultural burning to include but not limited to burning of fields, ditches, fence lines or brush.
iii. Fires in portable chimineas, charcoal BBQ grills, decorative or warming fire pits and tiki torches.
v. Smoking, outside in an area that is not void of combustible materials or the disposal of a lit cigarette butt from a moving vehicle.
vi. Use of a motor vehicle off established roads, motorized trail or parking outside an established parking area in an area flammable vegetation within ten feet of the vehicle.
vii. The use of explosives or fireworks of any kind (as defined) pursuant to C.R.S. § 30-15-401(1)(n.7), to include the use of exploding targets or tracer ammunition.
viii. Operating a chainsaw or other equipment powered by an internal combustion engine WITHOUT a USDA or SAE approved spark arrester properly installed and in effective working order.

The following acts shall be PERMITTED unless restricted when STAGE II Fire Restrictions are imposed:
i. Fires fueled by propane, natural gas, jellied petroleum, or pressurized liquid fuels such as lanterns, BBQ grills, stoves or back-yard fire features, equipped with a shut-off valve are allowed when used in an area of at least three (3) feet from any flammable material such as grass or pine needles.
ii. Smoking, within an enclosed vehicle or building (where legally allowed) or outside while stopped in an area at least three (3) feet in diameter that is barren or cleared of all flammable materials.
iii. Operating a chainsaw or other equipment powered by an internal combustion engine with a USDA or SAE approved spark arrester properly installed and in effective working order, while possessing a chemical pressurized fire extinguisher with a minimum rating of 2A and a round point shovel with an overall length of at least 35 inches (35") readily available for use.
iv. Welding or use of cutting torches within an area that is barren and cleared of all combustible materials of at least 30 feet in all directions from the operating equipment, while possessing a fire extinguisher with a minimum rating of 2A.
v. Use of a motor vehicle on established roads or motorized trails void of tall grass or flammable vegetation and when parked, the vehicle is in an established parking area in an area void of vegetation within ten feet of the vehicle.
vi. Professional Fireworks displays with a valid permit and fire management plan.
vii. Open fire or burning conducted by any local, state or federal officer in performance of official fire suppression functions.

c. STAGE III FIRE RESTRICTIONS
Stage III Fire Restrictions are a closure order prohibiting entry to the affected area of the restrictions for all entry except for:

i. Persons with a written fire entry and activity permit issued by the Sheriff or Board.
ii. Any local, state or federal officer or member of an organized rescue, firefighting force, law enforcement or other first responder in the performance of an official duty.
iii. Resident owners and lessees of private property within the closed area. 
iv. Other exceptions as designated by the Board.

X. ENFORCEMENT
a. This Ordinance shall be enforced by the Dolores County Sheriff, or their designee.

XI. PENALTIES FOR VIOLATION
a. Pursuant to C.R.S. § 30-15-402(1), any person who violates any provision of this Ordinance shall be guilty of a civil infraction, and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000) for each separate violation. Each violation shall be deemed separate and distinct from any other violation and punishable as a separate offense.
b. VIOLATIONS
i. First Violation: Fifty dollars ($50)
ii. Second Violation: Two-hundred and fifty dollars ($250)
iii. Third Violation: Five hundred dollars ($500)
iv. Subsequent Violations: One thousand dollars ($1,000)
c. The penalty assessment procedure provided in C.R.S. § 16-2-201 is authorized to be followed by any law enforcement officer for such violation(s). The notice shall be a summons and complaint, identify the alleged offender, specify the offense and applicable fine, and require that the alleged offender pay the fine or appear to answer the charge at a specified time and place.

XII. ADDITIONAL REMEDIES
a. The remedies provided in this Ordinance shall be cumulative and in addition to any other federal, state or local remedy, criminal or civil which may be available. Nothing contained herein shall be construed to preclude prosecution under any other applicable statute, ordinance, rule, order or regulation including, but not limited to, prosecution under C.R.S. § 18-13-109.

XIII. SEVERABILITY
a. If any section, subsection, clause, sentence or phrase of this Ordinance is adjudged by any court of competent jurisdiction to be invalid, such invalidity shall not affect, impair or invalidate any other provisions of this Ordinance which can be given effect without such invalid provision.

XIV. EMERGENCY
a. The Board hereby finds, determines and declares that this Ordinance is necessary for the immediate preservation and protection of the health, safety and welfare of the citizens of Dolores County, Colorado.

XV. REPEAL
a. Dolores County Resolution Ordinance No. 2011-2 is hereby repealed, effective upon the adoption of this Ordinance.
b. Any other Dolores County ordinances, resolutions, rules or regulations, or parts thereof, in conflict with this Ordinance are hereby repealed.

INTRODUCED, READ, AND ORDERED PUBLISHED IN FULL in the Cortez Journal on the 1st day of June 2026.

ADOPTED ON SECOND READING AND ORDERED PUBLISHED IN FULL, in the Cortez Journal on the ______ day of ___________________, 2026.

BOARD OF COUNTY COMMISSIONERS
OF DOLORES COUNTY, COLORADO
By: Eric Stiasny, Board Chair
ATTEST:
Shayla Oliver, Clerk
Published in The Journal June 3, 2026