Department of Community Development
Reference: Colorado Wildfire Resiliency - Land Use & Development Code Articles 5, 6, & 8
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Summer McCann, Senior Planner
Date Prepared: February 27, 2026
PURPOSE
Review and consider modifications to the Land Use & Development Code (LUDC) to address Colorado Wildfire Resiliency requirements.
PROCESS
The LUDC outlines the code amendment process, which allows for initiation of amendments by the City Council, Planning Commission, and staff on behalf of these entities.
In considering the amendments, the City Council should use the review criteria outlined in Section 2.10(B) of the LUDC. The review criteria generally include but are not limited to furthering the purposes of the LUDC, amendments being in accordance with the Comprehensive Plan, promoting the public safety, health and general welfare of the community, and improving the effectiveness and efficiency of administering the LUDC.
BACKGROUND AND SUMMARY OF AMENDMENTS
In 2023, Senate Bill 23-166 was enacted, requiring the establishment of a Wildfire Resiliency Code Board. This Board was tasked with adopting model codes that governing bodies such as the City Council must adopt within areas located in the Wildland Urban Interface, either by adopting the model code or standards that exceed it.
In 2025, the Colorado Wildfire Resiliency Code (the “CWRC” or the “Code”) and its associated map area were established. The City of Brighton lies mostly outside the designated map area, with only a portion of the City impacted, primarily north of Baseline Road. Within these impacted areas, two wildfire risk tiers apply to Brighton: Class 1 (Low Intensity, shown in yellow) and Class 2 (Moderate Intensity, shown in orange). Depending on the class, requirements and standards within the CWRC differ, however, both classes affect site and building design to some degree.
From a land use perspective, the CWRC primarily impacts site and building design by requiring the use of noncombustible, fire-retardant-treated, or ignition-resistant materials. In addition to building design, the CWRC regulates site design by limiting the location of landscaping and fencing. The Code establishes three ignition zones around structures (0-5 ft, 5-30 ft, and 30-100 ft) with vegetation management requirements intended to reduce wildfire risk. The closer the area is to a building, the less vegetation or combustible material is permitted. As you go further out from the building, more vegetation is allowed. It also mandates the use of noncombustible or ignition resistant materials for hardscapes, plantings, retaining walls, and fencing near structures.
The proposed amendments are intended to align the LUDC with the CWRC standards and regulations. The amendments do not modify the CWRC requirements but are intended to clearly identify applicable standards for applicants and staff.
Article 5 - Neighborhood Design Standards: Article 5 includes design standards for residential development. All properties located within the CWRC map area are required to meet the standards of the Code. As noted above, this will impact both building materials and site design. The LUDC does not currently restrict the types of materials permitted for residential design; however, it does include standards for setbacks, building modulation, and the percentage of windows and doors on each building elevation. Due to the potential financial challenges associated with meeting both the CWRC and LUDC building design standards, staff proposes language to provide flexibility for properties located within the CWRC map area. This language would allow the Community Development Director to approve alternatives to building and lot open space design. In addition, the proposed amendments would allow alternatives to open space design where conflicts may exist between the CWRC and the Code.
Article 6 - Non-Residential Design Standards: Article 6 includes design standards for non-residential development. Similar to residential development, the CWRC impacts both building materials and site design for non-residential properties. Unlike residential standards, the LUDC does include specific material requirements for non-residential building design, some of which may not be permitted under the CWRC. To address potential conflicts and increased costs associated with complying with both the CWRC and the LUDC, staff proposes amendments that would allow the Community Development Director to approve alternative building, open space, and frontage where conflicts may exist between the CWRC and the Code.
Article 8 - Landscape & Site Design Standards: Article 8 provides standards for landscaping and site design. The CWRC includes requirements related to vegetation, fencing, and retaining walls. The proposed code amendments clarify exemptions for the types of vegetation and ground cover allowed within the CWRC map area. In addition, the amendments identify considerations for fencing and retaining walls where CWRC standards apply.
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM AND STAFF ANALYSIS
Modifications to the LUDC must meet the following criteria, shown in bold, below. Following each criterion, staff provides an analysis of whether the proposed amendments meet the requirements of that criterion.
1. The amendment furthers the purposes of these regulations in Section 1.01.C.
The proposed amendments further the purposes of Section 1.01.C by promoting public safety, health, and general welfare through alignment of the LUDC with state wildfire mitigation requirements. The amendments clarify the applicability of the CWRC, ensuring that applicants, property owners, and staff understand and apply wildfire resiliency standards in affected areas of the City.
2. The amendment is in accordance with the Comprehensive Plan and has been considered for both its long-range effects as well as immediate impacts.
Be Brighton, the Comprehensive Plan, recognizes the importance of the LUDC in implementing the goals and policies of the plan. The Comprehensive Plan was adopted in 2016, prior to the adoption of the CWRC; therefore, it does not contain policies that directly address wildfire resiliency or mitigation. However, the proposed amendments are consistent with Citywide Principles, Policies, and Strategies identified in the Comprehensive Plan.
Specifically, the proposed amendments introduce flexibility within Articles 5 and 6 to address potential conflicts between state wildfire resiliency requirements and local design standards. This advances Policy 7.1, which encourages the City to continually update its design guidelines to reflect community values. The CWRC represents a new statewide standard that may increase construction costs or limit material choices within the designated map areas. As affordability has become an increasingly important consideration, the proposed amendments reflect the need to balance new state requirements with cost considerations. Allowing flexibility through alternative design approvals provides builders and homeowners with additional options and helps ensure that compliance with both state standards and the LUDC does not result in unnecessary hardship.
3. The amendment promotes the public safety, health, and general welfare of the community in the City of Brighton.
The purpose of the CWRC is to establish regulations that safeguard life and protect property. Although the CWRC affects a relatively small portion of the City, the proposed amendments align with state standards designed to mitigate wildfire risk and promote the public safety, health, and general welfare of the community.
4. The amendment improves the effectiveness and efficiency of administering the LUDC.
The proposed amendments enhance the LUDC by identifying where state wildfire resiliency standards may apply and by alerting both applicants and staff to applicable exemptions and additional requirements. Since the CWRC is subject to change, the requirements have not been directly copied into the LUDC. As part of the code amendments, the City will incorporate a map layer that identifies properties located within the CWRC map area. Planners will use this map to notify affected applicants of applicable requirements during initial conversation and Pre-Application meetings.
PUBLIC NOTICE AND INQUIRY
Notice of the public hearing was published on the City of Brighton website at least 15 days prior to the public hearing, as required by Section 2.01(F) of the LUDC.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds that the proposed code amendments generally meet the review criteria outlined in Section 2.10(B) Review Criteria, of the LUDC and is, therefore, recommending approval of the code amendments.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard the request on February 26, 2026, and unanimously recommended approval. (See the attached Resolution #26-03.)
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing the Code Amendment application. The City Council may:
1. Approve the code amendments via ordinance as drafted;
2. Approve the code amendments with changes to the drafted ordinance;
3. Deny the code amendments with specific findings to justify the denial, or;
4. Continue the item to be heard at a later, specified date if the City Council feels it needs additional information to ensure compliance with the approval criteria as set forth in the Land Use & Development Code.
ATTACHMENTS
● Draft City Council Ordinance
● Planning Commission Resolution #26-03
● Colorado Wildfire Resiliency Code Map
● Website Notice
● Website Publication Proof
● Code Amendment Redlines
● City Staff’s Draft Presentation