Gunnison County commissioners will hold a public hearing March 3 on adopting new state wildfire building requirements that would eliminate water supply mandates for individual developments while imposing stricter standards for construction materials and defensible space. The Colorado Wildfire Resiliency Code, which all jurisdictions must adopt by April 1, would shift the county to less restrictive state hazard mapping and reduce regulatory burden on agricultural lands previously classified as high-risk. Planning staff recommended adopting the state code with local amendments after stakeholder input from builders, fire districts and landscape professionals who identified deck construction requirements as the largest cost factor for property owners. Commissioners also heard a presentation on joining Colorado Communities for Climate Action, a 47-jurisdiction organization that provides legislative advocacy services, and received updates on Mt. Emmons Mining Company’s plans to remove temporary water quality protections on Coal Creek.
Wildfire Code Changes
The new requirements would apply to new construction, additions over 500 square feet, and projects replacing 25 percent or more of exterior surfaces. Building/Environmental Health Official Crystal Lambert served on the state wildfire code committee and presented stakeholder recommendations.
Under current regulations, all new development must install water supply systems for firefighting, but recommended changes would eliminate individual water supply requirements. Fire districts confirmed they are equipped for water hauling operations.
The state code divides areas into two hazard classes. Class 1 areas require basic protections for roofing, vents and five-foot defensible zones, while Class 2 areas add requirements for exterior walls, windows, decking and 30-foot zones.
Staff recommended maintaining the current prohibition on ignition-resistant plantings within five feet of structures. The state-maintained wildfire hazard map shows less severity than current county mapping, largely due to different treatment of agricultural lands.
Deck construction represents the largest cost factor for property owners. The state code requires only walking surfaces meet fire-resistant standards, while current regulations require entire deck structures comply.
Mt. Emmons Water Quality Issues
Mt. Emmons Mining Company requested time before the Water Quality Control Commission in June 2027 to propose revisions to water quality standards. The company announced plans to upgrade its mine water treatment plant and will lose eligibility for temporary modifications due to water quality improvements.
Ashley Inkumsah of Coal Creek Watershed Coalition and Kristen with the Northwest Colorado Council of Governments Water Quality Committee presented the update.
Separately, Homestead Mining’s operations near Sargents raise concerns with uranium concentrations in Marshall Creek periodically exceeding safe levels for domestic water supply. The company is pursuing a variance to maintain current discharge levels rather than implementing treatment options.
Saguache County adopted a resolution in October 2022 prohibiting wells in the Marshall Creek drainage at the company’s request.
Climate Action Group Presentation
Jacob Smith from Colorado Communities for Climate Action presented the organization’s advocacy work during legislative sessions and regulatory proceedings. The group represents 47 jurisdictions using consensus-based decision making that gives all members veto power over policy positions.
Gunnison County would become the 48th member if commissioners join. The organization celebrates its 10th anniversary this year, growing from six founding jurisdictions.
Smith outlined current priorities including Public Utilities Commission reforms and data center regulation. He noted the state faces an $800 million budget shortfall affecting counties, particularly with reduced federal funding.
Commissioners noted CC4CA’s credibility in challenging environmental bills, citing a solar permitting bill that would have created implementation problems for local governments.
Data Center and Regional Concerns
The Northwest Colorado Council of Governments, which formed in the late 1970s in response to trans-mountain diversion pressures and mining water quality concerns, expressed concerns about data center development impacts on water resources. The organization monitors legislation to ensure local government authority in siting decisions is maintained.
One bill introduced incentivizes data center development, but the group is working to preserve local control over such projects.
Fire district representatives confirmed the state fire commission is working with the insurance industry on standardized requirements. Meeting code requirements should improve insurability and potentially reduce costs for property owners.
Other Business
Commissioners directed staff to prepare resolutions for the March 3 public hearing on wildfire code adoption. Public comments can be submitted to planning@gunnisoncounty.org through the hearing date.
Commissioners Jonathan Houck and Elizabeth K. Smith attended the work session, with Commissioner Puckett Daniels absent on vacation.
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