Department of Community Development
Reference: Adoption of the State required Colorado Wildfire Resiliency Code
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Andrew Ulmer, Chief Building Official
Date Prepared: March 2, 2026
PURPOSE
This agenda item is to introduce the Colorado Wildfire Resiliency Code adoption by ordinance and constitutes the public hearing and second reading. City of Brighton is mandated to adopt the Colorado Wildfire Resiliency Code by the state of Colorado. The information within this staff report and presentation regarding the Colorado Wildfire Resiliency Code (CWRC) outlines where and what new preventative measures will need to be taken within affected areas in the City of Brighton.
PROCESS
The first reading was on February 17th, 2026. The subsequent required notices were published in the newspaper on February 26th and March 5th. The meeting on March 17th, 2026 is the public hearing and second reading of the ordinance. The City is required to adopt the code by April 1, 2026, and begin implementing the provisions of the code beginning July 1, 2026.
BACKGROUND AND SUMMARY OF ORDINANCE
In 2025, Senate Bill 25-142 was enacted. This requires the adoption of the Colorado Wildfire Resiliency Code if a jurisdiction has an area falling within the state Wildland-Urban Interface map. This map is supposed to be updated every three years per 8 CCR 1507-39. The City does have some areas that fall within this map.
This code applies to both residential and commercial structures. The code administrative provisions mirror those of other ICC adopted model codes. An applicant proposing to build a new project will have the ability to appeal categorization of the state map at their own expense with the support of a technical expert. This will not impact existing structures unless they are undergoing a significant addition or alteration.
On the Wildland-Urban Interface (WUI) map within City boundaries, there are two risk levels, class 1 and class 2. These areas have restrictions that impact the exposed surfaces of a structure as well as requirements for the area around the structure.
Except for commercial flat roofs, Class 1 will not have requirements with major cost impacts. Class 2 will have requirements, referred to as “structure hardening”, that will impact walls, eaves, decks, doors, and more. These restrictions will drive cost increases for most of these elements, but some of these changes will come with other additional benefit beyond fire resistance. For instance, one builder in town is using cement-based siding already even though they are not in this WUI area.
The requirements for defensible space generally will not drive increased costs. These provisions are designed to reduce direct flame or embers from contacting a structure.
The CWRC board was instructed by statute to collaborate with the Division of Insurance in the creation of this code, but it is not clear yet what if any implications this will have on homeowner insurance rates if any.
The Colorado Home Builders Association, CHBA, has recently ask jurisdictions to delay adoption citing challenges with the timeline. CHBA would like to see changes in the code. However, delay would put the City out of compliance with state law. The City has no active new build subdivisions that would be impacted. As such, there will be plenty of time to refine best practices. Finally, the code also already provides for an appeal process and alternative means and methods.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE PROPOSED CODE
Modifications can only strengthen the state provisions. Excluding that, this code is a state mandate.
STAFF RECOMMENDATION
Staff recommends adopting the state code as written.
OPTIONS FOR COUNCIL CONSIDERATION
1. Direct staff to proceed with the adoption of the state code as written.
2. Direct staff to proceed with additional restrictions.
ATTACHMENTS
● Draft of the ordinance adopting the 2025 Colorado Wildfire Resiliency Code
● The 2025 Colorado Wildfire Resiliency Code
● CHBA email requesting delay and refinement
● CHBA recommendations letter
● CHBA requested changes sheet
● PowerPoint Presentation