Otero County Adopts Ordinance Restricting Open Fires and Open Burning in Unincorporated Areas

Description: Otero County Commissioners adopted Ordinance No. 2026-001 on May 11, 2026, restricting open fires and open burning in unincorporated areas during elevated wildfire danger, declared fire restrictions and Red Flag Warnings. Watch the Videos and Read the Complete Ordinance in this article...

ORDINANCE NO. 2026-001

THE BOARD OF COUNTY COMMISSIONERS OF OTERO COUNTY, COLORADO

AN ORDINANCE RESTRICTING OPEN FIRES AND OPEN BURNING IN THE UNINCORPORATED AREAS OF OTERO COUNTY

WHEREAS, the Board of County Commissioners of Otero County, Colorado (the "Board"), pursuant to C.R.S. §§ 30-11-107 et seq. and 30-15-401 et seq., has the general enabling power to adopt ordinances, resolutions, rules, and other regulations as may be necessary for the control or licensing of those matters of purely local concern, and to do all acts necessary or expedient to promote the health, safety, and welfare of the citizens of Otero County; and

WHEREAS, pursuant to C.R.S. § 30-15-401(1)(n.5), the Board has specific authority to adopt ordinances restricting or banning open fires to a degree and in a manner the Board deems necessary to reduce the dangers of wildfires within unincorporated areas of the County where danger of forest or grass fires is found to be high; and

WHEREAS, C.R.S. § 30-15-405 provides that ordinances necessary for the immediate protection of the public health, safety, and welfare may take effect immediately upon adoption as an excepted ordinance; and

WHEREAS, the Sheriff of Otero County ("Sheriff") is authorized under C.R.S. §§ 30-10-512 and 30-10-513 to act Fire Warden of the County in cases of prairie or forest fires, and to assume charge thereof or to assist other governmental authorities in controlling or extinguishing forest or prairie fires; and

WHEREAS, open fires and open burning are a significant cause of grassland, prairie, and wildland fires in Otero County; and

WHEREAS, the Sheriff and the local Fire Chiefs monitor fire weather conditions and fire danger ratings issued by the National Weather Service, the U.S. Forest Service, and the Colorado State Forest Service; and

WHEREAS, the Board has considered professional fire management standards and commonly accepted wildfire risk assessment practices used by federal, state, and local fire management agencies in developing this Ordinance; and

WHEREAS, changing atmospheric and fuel conditions require that fire restrictions be implemented, modified, or lifted in a timely manner; and

WHEREAS, the Board finds that during periods when the National Weather Service issues a Red Flag Warning for Otero County, conditions exist that create an extreme wildfire risk; and

WHEREAS, the Board finds that competent evidence has been presented demonstrating periodically high wildfire danger in Otero County and that restrictions on open fires are necessary for the immediate protection of the public health, safety, and welfare; and

WHEREAS, open burning is governed by C.R.S. § 25-7-123 and regulated by the Colorado Department of Public Health and Environment ("CDPHE"); and

WHEREAS, open burning conducted in the course of agricultural operations may also be regulated by the County, provided that the necessity of such burning is taken into consideration; and

WHEREAS, the Board has determined that Ordinance 2008-001 is outdated and desires to repeal and replace it in its entirety with this Ordinance.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF OTERO AS FOLLOWS:

Section 1. Title

This Ordinance shall be known as the "Otero County Open Fires and Open Burning Restrictions Ordinance."

Section 2. Purpose

The e purpose of this Ordinance is to preserve and protect the public health, safety, and welfare of the citizens of Otero County, Colorado, by regulating open fires and open burning during periods of elevated wildfire risk.

Section 3. Authority

This Ordinance is authorized by Part 1 of Article 11 of Title 30, Part 4 of Article 15 of Title 30, and specifically by C.R.S. § 30-15-401(1)(n.5).

Section 4. Interpretation

This Ordinance shall be liberally construed to effectuate its public safety purpose. Section headings are for convenience only and shall not affect interpretation.

References in this Ordinance to wildfire risk or fire danger include grassland, prairie, rangeland, riparian, and forested areas within Otero County.

Section 5. Application

This Ordinance applies to all persons within unincorporated areas of Otero County, including persons on public, private, state, and federal lands, to the extent not preempted by state or federal law. Any incorporated municipality may adopt this Ordinance by resolution or ordinance.

Section 6. Definitions

6.1 Open Fire / Open Burning

Any outdoor fire, including but not limited to bonfires, campfires, burn barrels, fireworks, outdoor flame-producing devices capable of igniting wildland or structural fuels, and the prescribed burning of irrigation or drainage ditches, fields, farmlands, rangelands, wildlands, trash, or debris.

6.2 Fireworks

As defined in C.R.S. § 12-28-101(3)(a).

6.3 Fire Restriction Evaluation Guidelines

Those criteria used by federal, state, and local fire management agencies to evaluate wildfire risk, including fuel moisture, weather forecasts, fire history, and resource availability.

6.4 Structural Fuels

Combustible materials located on, within, or adjacent to buildings or other man-made structures, including but not limited to the structure itself, attached or nearby decks, porches, fences, sheds, outbuildings, vehicles, and other artificial or accumulated materials capable of igniting or contributing to fire spread.

6.5 Wildland Fuels

Natural vegetation or organic material capable of carrying fire, including but not limited to grasses, forbs, brush, shrubs, trees, timber, slash, downed woody material, and other live or dead plant matter in natural or semi-natural areas.

Section 7. Fire Restriction Stages

Fire restriction stages established under this Ordinance are intended to reduce the risk of wildland fire ignition and spread during periods of elevated wildfire danger, including in grassland, prairie, rangeland, riparian, and forested areas of Otero County.

7.1 Stage 1 Restrictions

The following activities are prohibited:

(1) Open burning, except fires within permanently constructed fire grates in developed campgrounds and picnic areas, charcoal grills, and wood-burning stoves at private residences in areas cleared of all flammable materials, and those other exceptions listed in Section 11. in

(2) The sale or use of fireworks.

(3) Outdoor smoking, except within an enclosed vehicle or building or in an area at least three (3) feet in diameter cleared of all flammable materials.

7.2 Stage 2 Restrictions

The following activities are prohibited:

(1) All open burning except as provided in Section 11.

(2) The sale or use of fireworks.

(3) Outdoor smoking, except under the conditions permitted during Stage 1 Restrictions.

(4) Use of internal combustion engines on public lands without approved spark- arresting devices that are properly installed and maintained in effective working order, meeting United States Department of Agriculture Forest Service Standard 5100-1 or Society of Automotive Engineers (SAE) Recommended Practice J335.

(5) Welding or torch use unless conducted in an area at least thirty (30) feet in diameter cleared of flammable vegetation and with fire suppression equipment readily available for immediate use.

Section 8. Red Flag Warning -Automatic Stage 2 Restrictions

Upon issuance of a Red Flag Warning by the National Weather Service (NWS) for any portion of Otero County, Stage 2 Restrictions shall automatically take effect within the the unincorporated areas of Otero County and shall remain in effect for the duration of the Red Flag Warning.

All ongoing open fires, open burning, or other activities prohibited under Stage 2 Restrictions shall be immediately extinguished upon the effective commencement of such restrictions.

Section 9. Prohibited Acts and Compliance Requirements

9.1 Prohibited Open Fires and Open Burning

It shall be unlawful for any person to build, maintain, attend, use, ignite, or conduct an open fire or open burn in the unincorporated areas of Otero County in violation of this Ordinance. This provision shall apply to public, private, state, and federal lands, and to any incorporated town or city which elects by ordinance or resolution to have the provisions of this Ordinance apply.

9.2 State Permit Requirement

Except as otherwise exempted, it shall be unlawful for any person to conduct an open burn without first securing an open burn permit issued by the Air Pollution Control an open permit on Division of CDPHE, in accordance with C.R.S. § 25-7-123(2)(b). Agricultural operations are exempt from the requirement to obtain an open burn permit from the Division only to the extent provided by state law.

9.3 Unlawful Acts

It shall be unlawful for any person to violate any provision of this Ordinance. Violations may be enforced regardless of intent.

Section 10. Permit Requirements

10.1 State Open Burn Permits Required

Except as otherwise exempt under state law or this Ordinance, any person conducting ce, any open burning within unincorporated areas of Otero County shall first obtain all permits required under C.R.S. & 25-7-123 from the Air Pollution Control Division of CDPHE.

10.2 State Permit Does Not Supersede County Restrictions

Possession of a valid state-issued open burn permit does not exempt empt any any person from compliance with this Ordinance, including any fire restrictions, fire bans, or Red Flag Warning restrictions declared pursuant to this Ordinance.

10.3 Agricultural Burning Permit Exemptions

Open burning conducted in the course of agricultural operations shall be exempt from permit requirements only to the extent such burning is exempt under C.R.S. § 25-7-123. Nothing in this subsection shall limit the authority of the County to regulate such burning or to impose fire restrictions, including prohibition during Stage 2 Restrictions or Red Flag Warning restrictions, as otherwise permitted by law.

10.4 County Does Not Issue Burn Permits

Otero County does not issue permits for open burning. All required permits are issued solely by the Air Pollution Control Division of CDPHE.

10.5 Burning Without Permit or in Violation of Permit

Open burning conducted without the state permit, or in violation of the conditions of such permit, constitutes a violation of this Ordinance.

Ordinance No. 2026-001 Page 5 of 14

Section 11. Exceptions and Exemptions

The following activities shall not constitute a violation of this Ordinance, provided they are conducted in compliance with all applicable safety requirements:

11.1 Fireworks Displays

Commercial or community fireworks displays that are p are properly permitted and i and not conducted during Stage 2 Restrictions or Red Flag Warning restrictions unless expressly approved in writing by the Sheriff or the Sheriff's designee.

11.2 Common Household Uses

Fires contained within liquid-fueled or gas-fueled stoves, indoor fireplaces, and indoor wood-burning stoves.

11.3 Outdoor Cooking and Heating Devices

Outdoor charcoal grills and outdoor wood-burning stoves are permitted during Stage 1 Restrictions, provided such devices are used at private residences and are located in an area cleared of all flammable materials, including dry vegetation.

11.4 Agricultural Burning

Open burning conducted in the course of agricultural operations shall be exempt from this Ordinance only when such burning is not otherwise prohibited by declared fire restrictions, and when such burning is necessary on that day and is limited in scope, provided that a minimum cleared area of twenty-five (25) feet is maintained between the burn site and any other area of possible ignition.

The open burning of irrigation ditches is prohibited by this Ordinance, except for ditches located within and completely surrounded by irrigated farmlands where such burning is necessary for crop survival.

Prior notice of any agricultural or permitted ditch burning shall be provided to the Sheriff, the Sheriff's designee, the Fire Chief within the applicable fire protection district, or the primary public safety dispatch center serving Otero County. Such burning may be restricted, prohibited, or halted if conditions are unsafe.

Prior notice of any agricultural or permitted ditch burning shall be provided to the Sheriff, the Sheriff's designee, the Fire Chief within the applicable fire protection district, or the primary public safety dispatch center serving Otero County. Such burning may be restricted, prohibited, or halted if conditions are unsafe.

Any open fire or open burning authorized under this Ordinance shall be continuously attended. The person conducting the fire shall actively monitor conditions and shall take immediate and appropriate action to extinguish the fire whenever wind speeds increase, weather conditions change, embers leave the cleared area, or fire behavior becomes unsafe or unpredictable. The person conducting the fire shall also take immediate and appropriate action to extinguish the fire when instructed to do so by the Sheriff, the Sheriff's designee, or the Fire Chief of the applicable fire protection district.

11.6 Minimum Clearance Does Not Authorize Continued Burning

Compliance with minimum clearance distances does not, by itself, authorize continued burning when weather, wind, or fuel conditions create an increased risk of fire escape. or of

11.7 Authority to Restrict or Halt Burning

The authority to restrict, prohibit, or halt burning under this Ordinance applies regardless of permit status or exemption and may be exercised at any time conditions are determined to be unsafe.

11.8 Permitted Activities

Activities conducted pursuant to a valid permit specifically authorizing the otherwise prohibited act or omission.

11.9 Emergency and Official Duties

Actions of any federal, state, or local law enforcement officer, or member of an organized rescue or firefighting agency, agency, while acting in the performance of official duties.

11.10 Additional Exemptions

Any additional exemptions to the application or enforcement of this Ordinance may be granted only by the Sheriff or the Sheriff's designee, who is designated as the County Fire Restriction Authority, or for activities occurring on state or federal lands, by the administering state or federal agency, provided the proposed activity is determined to be safe and capable of reasonable mitigation.

Section 12. Declaration of Fire Restrictions

12.1 Authority

The Board, the Sheriff, or the Sheriff's designee shall have the authority to declare, modify, increase, decrease, suspend, or rescind fire restrictions within the unincorporated areas of Otero County whenever conditions indicate an increased or decreased risk of wildfire. Such action may be taken without further proceedings or formal resolution.

12.2 Contents of Declaration

Any declaration of fire restrictions issued pursuant to this section shall specify the applicable Stage restriction, the geographic scope and parameters of the restrictions, and the duration of the restrictions, as deemed necessary and appropriate.

12.3 Public Notice

Notice of any declaration, modification, suspension, or rescission shall be provided to the public as promptly as practicable through reasonable and appropriate means, including posting on the Otero County website or other official County communication platforms.

12.4 Public Guidance

Nothing in this Ordinance prevents the County from issuing public guidance or educational materials regarding fire restrictions, wildfire risk, or safe fire-prevention practices.

13.1 Enforcement Authority

This Ordinance shall be enforced by the Sheriff or the Sheriff's deputies, in coordination with fire code officials. Enforcement authority is also granted to the Fire Chief of any fire protection district or the Fire Chief's designee, the administering agencies of the state and federal lands located within Otero County responsible for wildland fire management, the Fire Chief or his designee of any incorporated city or town that adopts this Ordinance and any peace officer within the State of Colorado as described in C.R.S. § 16-2.5-101

13.2 Orders to Cease Prohibited Activities

Authorized enforcement officials shall have the authority to order any person to immediately cease any activity that constitutes a violation of this Ordinance.

13.3 Enforcement Actions

The authority granted under this section includes, but is not limited to, the issuance of a penalty assessment notice or summons and the authority to take a person into temporary custody as permitted by law.

13.4 Failure to Comply with Lawful Orders

Failure to comply with a lawful order issued pursuant to this section shall constitute a separate and distinct violation of this Ordinance.

Section 14. Violations and Penalties

14.1 Offense Classification and Maximum Penalties

Any person who violates any provision of this Ordinance, or any fire restrictions declared pursuant to it, while such Ordinance or fire restrictions are in effect, commits a Class 2 petty offense pursuant to C.R.S. § 30-15-402(1). Upon conviction or a plea of guilty or no contest, such person shall be punished by a fine of not more than one thousand dollars ($1,000.00) for each separate offense, plus any applicable surcharges as required by law, including a ten-dollar ($10.00) surcharge pursuant to C.R.S. § 30-15-402(2). The fines imposed pursuant to this subsection shall be set by the County Court, unless the violator elects to resolve the violation through the penalty assessment assessment procedure auth authorized by C.R.S. § 16-2-201 and Section 14.4 of this Ordinance.

14.2 Separate and Continuing Violations

Each day a violation of this Ordinance occurs or continues, including during declared fire restrictions or Red Flag Warning restrictions, may constitute a separate and distinct offense. Violations of this Ordinance are separate from any violations of federal, state, or local laws, rules, orders, or regulations.

14.3 Criminal Prosecution or Penalty Assessment

Criminal prosecution may be initiated in accordance with C.R.S. §§ 30-15-402 and 30-15-410. In the alternative, violations may be enforced through the penalty assessment procedure authorized by C.R.S. § 16-2-201. The Otero County Sheriff's Office is authorized to establish and administer a ticketing system consistent with applicable law.

14.4 Penalty Assessment Fine Schedule

When enforcement is pursued through the penalty assessment procedure authorized by C.R.S. § 16-2-201, as an alternative to criminal prosecution in County Court, an enforcing ng law law e enforcement officer may issue a penalty assessment notice for violation of this Ordinance.

The following graduated fine schedule shall apply when a violator elects to resolve the matter through the penalty assessment procedure rather than through court proceedings:

(a) Two hundred and fifty dollars ($250.00) for a first offense;

(b) Five hundred dollars ($500.00) for a second offense;

(c) Seven hundred and fifty dollars ($750.00) for a third offense;

(d) One thousand dollars ($1,000.00) for each additional offense.

In addition to the penalties set forth above, any person who pays a penalty assessment or is convicted of a violation of this Ordinance shall be subject to any applicable statutory surcharges, including the ten-dollar ($10.00) surcharge required by law.

A violator who elects elects t to resolve a violation through the penalty assessment procedure shall pay the fine and applicable surcharges within twenty (20) days of issuance of the penalty assessment notice.

Section 15. Disposition of Fines

All fines collected for violations of this Ordinance shall be paid to Otero County and deposited into the General Fund. All statutory surcharges, court costs, and fees shall be assessed, collected, and distributed as required by Colorado law and applicable court procedures.

Section 16. Additional Remedies

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

16.1 No Private Right of Action

Nothing in this Ordinance is intended to create or shall be construed to create a private right of action against Otero County, the Board, the Sheriff, any fire protection district, or any officer, employee, or agent thereof.

Section 17. Safety Clause

The Board hereby finds, determines, and declares that this Ordinance is necessary for the immediate protection of the public health, safety, and welfare of the citizens of Otero County, Colorado.

Section 18. Effective Date

18.1 Effective Date

This Ordinance regulating open fires and open burning within the unincorporated areas of Otero County shall take effect immediately upon adoption on second and final reading by the Board, as an excepted ordinance necessary for the protection of the public health, safety, and welfare, and shall remain in effect until amended or repealed by the Board, or until enforcement is temporarily suspended by the Board, the Sheriff, or the Sheriff's designee as authorized herein.

18.2 Publication

The Board further orders that this Ordinance be published in full following first reading and by title only only following adoption, as required by law.

18.3 Periodic Review

The Board may periodically review the effectiveness of this Ordinance and amend or repeal it as deemed appropriate.

Section 19. Severability

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

Section 20. Repeal of Conflicting Provisions

Otero County Ordinance No. 2008-001 is hereby repealed in its entirety.

All other county ordinances, resolutions, rules, or regulations, or parts thereof, that are in conflict with this Ordinance are hereby repealed to the extent of such conflict.

FIRST READING

INTRODUCED AND READ ON FIRST READING as an excepted ordinance necessary for the immediate protection of the public health, safety, and welfare of the citizens of Otero County, this 27th day of April 2026, in Otero County, Colorado, and ordered published as required by law.

SECOND AND FINAL READING

ADOPTED ON SECOND AND FINAL READING READING as as an an excepted I ordinance ordinance necessary n for the immediate protection of the public health, safety, and welfare of the citizens of Otero County, this 11th day of May 2026, in Otero County, Colorado, and ordered published by title only as required by law.

ATTEST:

Lynda Scott, Clerk & Recorder

BOARD OF COUNTY COMMISSIONERS OF OTERO COUNTY, STATE OF COLORADO:

Rob Oquist, Chairman

Tim Knabenshue

Jim Baldwin

Follow SECO News on Facebook.
Subscribe to the SECO News YouTube Channel.

Press releases Sponsor