La Plata County, CO Environmental Rules: Defensible Space (2026)

La Plata County Code § 70-8, Avoidance of Natural Hazards and Protection of Sensitive Lands, carries the county's development-review rule on wildfire. Subsection VIII applies to new utility scale BESS, subdivisions, and PUDs located in areas the Colorado State Forest Service Colorado Wildfire Risk Assessment mapping identifies as high or greater wildfire burn probability in unincorporated La Plata County, Colorado. Under subsection VIII.A, those applicants shall, to the maximum extent feasible, submit an assessment identifying the level of wildfire risk and incorporate wildfire mitigation into the parcels being developed. The assessment and mitigation go to the Colorado State Forest Service for comments.

The listed measures include using required open space to create larger defensible spaces or fire breaks between the development and adjacent sources of wildfire, and, where the applicable fire district finds it advantageous for wildland fire fighting, dedicating access and fire-fighting easements in a form acceptable to the county attorney. Ongoing maintenance requirements for defensible space and other fire mitigation must be written into the organization documents of the governing body, such as a homeowners' association, or into a plat note, when applicable.

Subsection VIII.B extends a softer standard to all development: it is encouraged to follow the Colorado State Forest Service guide The Home Ignition Zone, which covers defensible space and hardening of homes. That is guidance, not a mandate, so an ordinary home in unincorporated La Plata County has no printed clearance distance in this section.

Battery energy storage is where the code sets hard numbers. Section 73-6, subsection IV.F, requires all combustible vegetation within thirty (30) feet of any large-scale or utility-scale BESS enclosure to be cleared and tree stumps in that area removed. A secondary defensible space extends at least one hundred (100) feet from the enclosure, or to the property boundary if that is less, where vegetation is thinned, mowed or otherwise maintained. The applicant or operator shall maintain and annually inspect the defensible space and vegetation.