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Colorado Revised Statutes Title 29. Government Local § 29-22.5-105. Reporting controlled burns--short title--definitions

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) The short title of this section is the “Darcy's Last Call Act”.

(2) As used in this section:

(a)(I) “Controlled burn” means, for purposes of this section only and as intentionally started on private property that is not classified as agricultural land, as that term is defined in section 39-1-102(1.6)(a), the following types of burning:

(A) A burn used as a technique in farming or livestock production or for other purposes to clear the land of existing native vegetation or crop residue or to kill weeds and weed seeds;

(B) A controlled ditch burn as set forth in section 24-33.5-1202(3.4); except that “controlled burn” does not mean a burn involving an irrigation ditch;

(C) Noncommercial burning of trash; and

(D) Open burning of slash piles, as “open burning” and “slash” are defined in section 30-15-401(1)(n.5)(V).

(II) “Controlled burn” does not mean open burning lawfully conducted in the course of agricultural operations as set forth in section 18-13-109(2)(b)(I).

(b) “Fire department” means the duly authorized fire protection organization of a town, city, county, or city and county, a fire protection district, or a metropolitan district or county improvement district that provides fire protection. “Fire department” also includes volunteer fire departments organized under section 24-33.5-1208.5.

(3) Before any person conducts a controlled burn, the person must provide notice of the controlled burn in accordance with local rules and regulations or, where no local rules and regulations exist, to the local dispatch center, the county sheriff, and where applicable to the fire department providing services to the area where the private property is located. In the notice required by this subsection (3), the person conducting the controlled burn must provide the date, time, and location where the controlled burn will be conducted, and contact information for the person responsible for the controlled burn. The fire department may determine that fire department personnel must be on standby at the time of the controlled burn for it to be conducted.

(4) Nothing in this section exempts a person from complying with any other applicable local, state, or federal laws.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 29. Government Local § 29-22.5-105. Reporting controlled burns--short title--definitions - last updated January 01, 2025 | https://codes.findlaw.com/co/title-29-government-local/co-rev-st-sect-29-22-5-105/

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