5 Colo. Code Regs. § 1001-11-V

Current through Register Vol. 47, No. 24, December 25, 2024

Section 5 CCR 1001-11-V - Planned Ignition Fire Permits

A. No person shall initiate a planned ignition fire without first obtaining a prescribed fire permit from the Division or authorized local agency unless the potential for smoke impacts are low pursuant to the factors in Appendix A to this regulation. Persons seeking authority to conduct prescribed fires with a low potential for smoke impacts pursuant to Appendix A shall apply for a general open burning permit. Significant users of prescribed fire shall apply for and may obtain a planned ignition fire permit if they also satisfy the requirements of Section VII of this regulation.

B. Any person seeking authority to conduct a prescribed fire for which the emissions and smoke levels have the potential to exceed the de minimis threshold of a low smoke impact pursuant to Appendix A to this regulation shall apply for and may obtain a planned ignition fire permit on the conditions set forth in this Section V.

C. Persons seeking a planned ignition fire permit shall submit to the Division or authorized local agency an application on a form approved by the Division for each separate burn. The application must demonstrate that the planned ignition fire can and will be conducted in a manner that minimizes the emissions from the burn and the impacts of the smoke on visibility and on the health and welfare of the public.

D. The Division or authorized local agency shall consider the following factors in determining whether, and upon what conditions, to issue a planned ignition fire permit:

1. Whether all conditions required for general open burning permit applications pursuant to Section IV of this regulation has been met;

2. Whether the applicant evaluated the use of non-burning fuel treatments in place of the proposed burn;

3. The location of the proposed burn and smoke-sensitive areas and class I areas that might be impacted by the smoke and emissions from the burn;

4. The meteorological conditions under which the applicant proposes to conduct the burn and the measures that the applicant will take to ensure that the burn will be conducted only during those identified meteorological conditions, including coordination with appropriate sources of meteorological information on the day preceding ignition;

5. The smoke risk rating for the proposed burn;

6. The smoke mitigation techniques proposed;

7. Whether the applicant has demonstrated that the applicant will protect scenic and/or important vistas and visibility in class I areas, will minimize the impacts of emissions and smoke on the public, and will minimize the potential for a violation of any ambient air quality standards.

8. Whether the applicant will conduct the burn in accordance with a smoke management plan or narrative that requires:

a. That best smoke management methods will be used to minimize or eliminate smoke impacts at smoke-sensitive receptors;

b. That the burn will be scheduled outside times of significant visitor use in smoke-sensitive receptor areas that may be impacted by smoke and emissions from the fire;

c. A monitoring plan to allow appropriate evaluation of smoke impacts at smoke-sensitive receptors;

d. That smoke management contingency measures will be taken if unacceptable smoke impacts occur at smoke-sensitive receptors; and

e. That measures will be taken to notify the public in smoke-sensitive areas at least twenty-four hours in advance of the planned ignition of the fire regarding the location, expected duration and projected smoke impacts from the fire.

9. Whether the applicant has demonstrated that the proposed burn will conform to all requirements of the state implementation plan; and

10. Whether the actual burn activity that occurs will be reported to the Division or authorized local agency on forms approved by the Division.

E. Planned Ignition Fire Permit Conditions

Planned ignition fire permits shall include, but not be limited to, the following conditions, as appropriate:

1. All conditions required for issuance of a general open burning permit pursuant to Section IV of this regulation and all conditions necessary to meet the requirements of this Section V.

2. All permit conditions necessary to ensure that the burn will be conducted so as to minimize the impacts of the fire on visibility and on public health and welfare.

3. The Division or authorized local agency may allow the applicant to conduct a test fire to evaluate dispersal conditions.

F. Public Comment

1. The Division will evaluate fires proposed in permit applications to determine whether the fire will pose a high smoke risk. The evaluation will include consideration of the size of the fire area, the type and density of fuel, whether or not the fire is a pile burn, expected duration, and the proximity of the fire to smoke sensitive receptors, such as communities and class I areas.

2. If the Division determines that the fire poses a high smoke risk, the Division will provide appropriate notice to the public, such as by making the information available through the internet and by email, and will issue a draft permit for public comment. The notice will include information about location of the fire, expected burn dates, expected duration, potential emissions, potential air quality and visibility impacts at smoke sensitive receptors and the opportunity for public comment. The procedures in the Commission's Procedural Rules apply to any draft permit subject to the public comment provisions of this paragraph. If the Division receives public comment, it will consider those comments in determining whether to issue a permit and what conditions to impose upon the permittee and within thirty days of the close of the comment period or within thirty days following the close of any public comment hearing, whichever is later, shall either grant or deny the permit.

3. Draft permits for high smoke risk burns that have been subject to the public notice provisions of paragraph V.F.2 and for which a permit has been issued, but which have not been completed within the period for which the permit is valid are not subject to the public comment provisions of paragraph V.F.2. This exception to the public comment requirements applies only: for the geographical unit for which a permit that has been subject to the public comment provisions was issued; if less than ten percent of the area originally permitted has been burned; and for a maximum of five years from the date of issuance of the original permit. The Division may amend the permit, based on a case-by-case analysis, to accommodate minor changes in the permit area without triggering the public comment provisions of paragraph V.F.2.

5 CCR 1001-11-V

38 CR 05, March 10, 2015, effective 3/30/2015

43 CR 12, June 25, 2020, effective 7/15/2020

47 CR 06, March 25, 2024, effective 4/15/2024