5 Colo. Code Regs. § 1001-11-VIII

Current through Register Vol. 47, No. 20, October 25, 2024

Section 5 CCR 1001-11-VIII - Fees for Open Burning and Prescribed Fire

A. Fees for General Open Burning Permittees

The Division shall charge no fees under this regulation to general open burning permit applicants or permit holders.

B. Planning Document Evaluation Fees for Significant Users of Prescribed Fire

1. Every significant user of prescribed fire submitting a planning document to the Commission as required in Section VII of this regulation shall pay a fee for the direct and indirect cost of evaluating such documents.

2. If the Division requires more than thirty hours to evaluate the planning documents, the fee paid by the significant user of prescribed fire shall not exceed $3,000, unless the Division has informed the significant user that the billing may exceed $3,000 and has provided the significant user of prescribed fire with an estimate of what the actual charges may be prior to commencing the work.

3. The planning document review fee shall be calculated at the rate stated in C.R.S. Section 25-7-114.7(2)(a)(III).

4. The Division shall prepare and send a bill at least annually to each significant user of prescribed fire if the Division has spent one or more hours reviewing planning documents from the significant user of prescribed fire. The bill will specify the number of hours spent and the total fee amount. All fees assessed must be received within 30 days of the date of receipt of the written bill. All fees collected under this regulation shall be made payable to the Colorado Department of Public Health and Environment.

C. Prescribed Fire Fees

1. The Division shall charge no flat fee to an applicant for a planned ignition fire permit who applies to an authorized local agency for that permit. Permitting activity and actual burning activity for such permits shall not be counted into SMP scores pursuant to this regulation's Appendix C, "Distribution of Cost" section.

2. Except as provided for in VIII.C.1. every permittee pursuant to Section V and VI of this regulation shall pay fees as set forth in the following paragraphs to cover the cost of the smoke management program.

3. Fees shall be charged to recover the direct and indirect costs incurred by the Division to operate and administer the smoke management program. Such costs include, but are not limited to: process permit applications; issue permits; compile emission inventory and monitoring information; prepare generally applicable regulations or guidance; model, analyze, and make demonstrations; conduct a compliance assistance and enforcement program; track wildfire activity as needed; operate the fee program; and review plans.

4. The Division shall prepare and send a bill at least annually to each permittee specifying each fee type and the total fee amount for the previous calendar year. All fees assessed must be paid within 30 days of the date of receipt of the written bill. All fees collected under this regulation shall be made payable to the Colorado Department of Public Health and Environment.

a. Every permit applicant shall pay annual fees regardless of:

i. Whether a permit is issued, suspended, withdrawn, or revoked; and

ii. Whether actual burning activity occurred.

5. The fee will be calculated in accordance with the Program Cost and Distribution Methodology contained in Appendix C of this regulation.

5 CCR 1001-11-VIII

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