La Plata County, CO Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in La Plata County, CO, also called the burn ban, open burning, or fire restriction ordinance, set when you can burn yard waste, debris, or run a recreational fire.
Key Facts
- Declaring authority
- Board, sheriff or sheriff's designee, by resolution
- Automatic trigger
- National Weather Service red flag warning starts stage 1 restrictions
- First offense fine
- $500
- Second offense fine
- $750
- Third and later offense fine
- $1,000 plus restitution
- Exempt lands
- Federal and tribal trust lands
Summary
In unincorporated La Plata County, Colorado, the Board of County Commissioners, the sheriff or the sheriff's designee can declare fire restrictions by resolution, and a National Weather Service red flag warning triggers stage 1 restrictions automatically. Violations cost $500, $750 and $1,000 for a first, second and third or later offense.
V. Declaration of fire restrictions. The board, the sheriff or the sheriff’s designee, upon competent evidence of high fire danger, is authorized to declare by resolution, fire restrictions or the rescission of fire restrictions, in all or portions of the unincorporated areas of the county. ... VI. ... Automatic fire restrictions. The board finds that red flag warnings, as designated by the National Weather Service, are competent evidence that fire danger is high and that wildland fires may quickly spread out of control. Subject to the exemptions set forth in section 43-1(VII) and provided neither stage 2 nor stage 3 restrictions are already in place, during such times of high fire danger and for the duration of the red flag warning, the stage 1 restrictions set forth in the operating plan, shall automatically apply without further action by the board or the sheriff. ... IX. ... Enforcement and penalties. It is unlawful for any person to violate declared fire restrictions and, upon conviction thereof, shall be punished by a fine of five hundred dollars ($500.00) for a first offense,
Full Breakdown
Section 34-1 of the La Plata County Code, titled Open Fire Bans, is the county's open burning rule for the unincorporated area. It opens with a finding that these areas carry a significant risk of wildland fire, especially along the wildland-urban interface, and that fire restrictions help agencies and the community reduce fire risk during periods of high or extreme fire danger.
The authority to act is split. The sheriff is the fire warden for the county and is ultimately responsible for controlling and extinguishing wildfires in the unincorporated area. The Board of County Commissioners can adopt an ordinance banning open fires where wildfire danger is high. Under subsection V, the board, the sheriff or the sheriff's designee can declare fire restrictions, or rescind them, by resolution in all or part of the unincorporated county, after consulting the local fire chiefs and the fire management officers of local federal agencies. The resolution must carry an express finding that fire danger is high. The restrictions reach any activity that produces or maintains a spark, flame or any known ignition source for open fires.
Subsection VI adds an automatic trigger. The board finds that red flag warnings issued by the National Weather Service are competent evidence of high fire danger. Unless stage 2 or stage 3 restrictions are already in place, the stage 1 restrictions in the county operating plan apply for the duration of the red flag warning without any further action by the board or the sheriff.
Subsection VII lists exemptions. They include fire or equipment used by officers and organized firefighting forces in the performance of official duty, emergency repair of public utilities, fires permitted by the sheriff or by a local fire chief with the sheriff's consent, agricultural burns by agricultural producers who have prior approval from the fire chief or the sheriff, smoking inside an enclosed vehicle, trailer or building, and indoor fireplaces and wood-burning stoves with an approved chimney spark arrestor. Federal and tribal trust lands inside the county are exempt from all restrictions imposed under the section.
The section was last amended by Ord. No. 2023-1 and is effective 8/13/2023.
Violations & Fines
Under subsection IX it is unlawful for any person to violate declared fire restrictions. On conviction the fine is $500 for a first offense, $750 for a second offense and $1,000 for a third and subsequent offense, plus restitution that includes the costs of fire suppression or property damage caused by the violation. Officers follow the penalty assessment procedure in C.R.S. § 16-2-201 and the graduated schedule when issuing a summons. Subsection X lets authorized officers of each fire protection district in La Plata County cite violations too.
Frequently Asked Questions
Who can declare a fire ban in unincorporated La Plata County?
Does a red flag warning restrict open fires without a new resolution?
What are the fines for breaking a fire restriction?
Are agricultural burns covered by the restrictions?
Sources & Official References
Other rules in La Plata County
How La Plata County compares: Cities with the Strictest Outdoor Burning Rules·Compare La Plata County to another location·View the Colorado fire regulations overview
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