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Home My WebLink Aboutresolution.council.030-26RESOLUTION #030 (Series of 2026) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO9 APPROVING AN UPDATE TO THE CITY OF ASPEN'S WILDFIRE MITIGATION POLICY WHEREAS, there has been submitted to the City Council an updated Wildfire Mitigation Policy to provide clarity for residents of Aspen and to ensure that Title 13 of Aspen's Municipal Code is consistent with the adopted Colorado Wildfire Resiliency Code (CWRC), a copy of the updated Policy is attached hereto as Exhibit "A"; and WHEREAS, in 2023, the Colorado General Assembly enacted Senate Bill 23-166 (2023), concerning the establishment of a wildfire resiliency code board, and, in connection therewith, requiring the wildfire resiliency code board to adopt model codes establishing minimum standards designed to reduce the risk wildfires pose to people and property; and WHEREAS, the proposed Wildfire Mitigation Policy is aligned with the intent and core principles of the Colorado Wildfire Resiliency Code; and WHEREAS, adoption of the Wildfire Mitigation Policy will incorporate the State of Colorado Wildfire Resiliency Code fire intensity classifications, establishes standards for unclassified areas, and applies the updated Wildfire Mitigation Matrix to guide tree removal, pruning, replanting, and mitigation fee evaluation as part of the requirements set forth in Title 13 of the City of Aspen Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the updated Wildfire Mitigation Policy, a copy of which is annexed hereto and incorporated herein, as the Wildfire Mitigation Policy for purposes of Title 13 of the City of Aspen Municipal Code. RESOLVED, APPROVED, AND ADOPTED by the City Council of the day of March 2026. _ _ s,,� 4 Rachael Ri Mayor on the 10�' I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. c Nicole Henning; pity Clerk 1 V. 2.16a City of Aspen Wildfire Mitigation Policy 12.16.2026 Wildfire Mitigation Policy................................................................................................. 1 Contents......................................................................................................................... 2 Background................................................................................................................. 3 Purpose....................................................................................................................... 3 Fire Resiliency Best Practices........................................................................................ 4 MappingWildfire Risk.................................................................................................. 4 Fire Intensity Classification............................................................................................ 4 HomeIgnition Zone....................................................................................................... 5 CriteriaFor Removal...................................................................................................... 5 PermitApplication Process............................................................................................. 7 FeesFor Tree Removal.................................................................................................. 8 Class1: Removal Fees.................................................................................................. 8 Class2: Removal Fees.................................................................................................. 8 Unclassified Area: Removal Fees.................................................................................. 9 AdditionalConditions................................................................................................. 10 2 City of Aspen Wildfire Mitigation Policy 1 2.16.2026 ............................................................................................................................................................................. BACKGROUND In 2024, the City of Aspen Parks and Open Space department and the Aspen Fire Protection District (AFPD) developed a unified approach to wildfire preparedness strategies within city limits. City staff reviewed the Firewise USA program, created by the National Fire Protection Agency (NFPA), and incorporated many of its elements into this policy. This model has been adapted across the country by local organizations to reflect local risks and provide region - specific guidance. This third -party program provides the foundation for the Parks and Open Space Departments with an understanding of best practices for landscape management in relation to structures. The City received additional guidance from the Division of Fire Prevention and Control (DFPC) and the Colorado State Forest Service (CSFS) at the direction of the Wildfire Resiliency Code Board (WRCB), to help further refine best management practices for wildfire preparedness using the Colorado Wildfire Resiliency Code adopted on July 1 st, 2025. This policy works in tandem with Ordinance 11 of 2024, which updates the City of Aspen Municipal Code to provide allowance for property owners to remove trees and shrubs around structures to reduce wildfire fuels. Collaboration between multiple City departments has helped to inform both this policy and a series of associated guidelines. PURPOSE Trees are an important part of our community, and while this policy aims to keep our community safe from wildfire, the City recognizes that a healthy urban forest provides a variety of benefits to the community and the larger ecosystem. The purpose of this policy is to provide guidelines that align with the State of Colorado Wildfire Resiliency Standards, balance a healthy urban forest and tree preservation, and support fuel reduction and tree removals on properties within the City of Aspen. Our goal with this guidance is to balance the long-term benefits of a healthy urban forest with the recognized need to make our homes resilient to the threat of wildfire. 3 City of Aspen Wildfire Mitigation Policy 1 2.16.2026 MAPPING WILDFIRE RISK The importance of an accurate and up to date wildfire risk map is recognized by both the AFPD and the Parks and Open Space department as a foundational tool for understanding the risk that specific properties face in the event of a wildfire. Not all properties in the City of Aspen have the same level of risk, and as a result, allowances for the removal of trees and shrubs for fuel reduction consider the risk for a given property location on the map. The mapping tool used by the City of Aspen is provided by the State of Colorado Wildfire Resiliency Code Board via the 2025 Colorado Wildfire Resiliency. Every area in the city is mapped according to Fire Intensity Classifications, which helps us understand how a wildfire is likely to behave and how difficult it might be to control. As wildfire risk increases, so do the requirements for how homes are built and maintained, which helps to protect the community. FIRE INTENSITY CLASSIFICATION There are two classifications of fire intensity as defined by the State of Colorado Wildfire Resiliency Code: low and moderate/high. The City of Aspen has also created standards for areas yet to be classified based on the State of Colorado Wildfire Resiliency Code Board Map. Areas that have not been placed in either class 1 or class 2, according the the nclassified Colorado State Wildfire Resiliency Code Board Map. Homes and other structures in U these zones may choose to follow the Class 1 standards, which focus on basic fire-resistant construction and regular vegetation maintenance around the property, low -intensity areas: Homes and other structures in these zones should follow tt�e Class 1 Class 1 standards, which focus on basic fire-resistant construction and regular vegetation maintenance around the property. Moderate and high -intensity areas: Properties in these zones must meet the more protective Class 2 standards, which include stronger fire-resistant building Class 2 materials, additional defensible -space requirements, and other site features that reduce wildfire risk. City of Aspen Wildfire Mitigation Policy 1291602026 ...................................................................................................................................................................................................................................................................................................................................... HOME IGNITION ZONE Critical to the Firewise program is the definition of the home ignition zone and how to manage the `defensible space' surrounding structures. Defensible space is the area around a structure that has been modified to reduce fire hazards by creating space between potential fuel sources. Critical to the idea of defensible space is the establishment of management zones within the landscape that recognizes the role that fuel continuity can play in wildfire behavior. Home Ignition Zone 1 (0 - 5 ft.) Zone 2 (5 - 30 ft.) Zone 3 (30+ ft.) This zone is designed to prevent flames from coming into direct contact with the structure. Structural Ignitabi lity This zone is designed to give an approaching fire less fuel, which will help reduce the intensity as it gets Wildfire Mitigation Matrix nearer to structures. This zone focuses on mitigation that keeps fire on the ground, but it's also a space to make choices that can improve forest health. Healthy forests include trees of multiple ages, sizes, and species, where adequate growing room is maintained overtime. Defensible Space Illustration: Bonnie Palmatory, Colorado State University The criteria for the removal of vegetation are outlined in the following Wildfire Mitigation Matrix (next page). Tree removal applications and associated mitigation fees in unclassified areas will be reviewed and assessed on a case -by -case basis at the City Forester's discretion. 5 City of Aspen Wildfire Mitigation Policy 12A6.2026 N N u Zone 3 (30+h.) Removal of unhealthy or hazardous trees may be considered with permit application. Mitigation fees will not be waived for healthy trees. No pruning requirements mandatory. Planting new trees is encouraged. Removal of unhealthy or hazardous trees may be considered with permit application. Removal of unhealthy or hazardous trees may be considered with permit application. Mitigation fees will not be waved for healthy trees. No pruning requirements are mandatory, but it is recommended to prune branches 5 structures. 10 feet away from Planting new trees is encouranPed if they are at least 15 h. from structures. Zone 1 (0 S h.) Removals are always allowed with permit application. A trees Mitigation fees will be waived for all . No pruning requirements are mandatory, but it is recommended to prune branches S - 10 feet away from structures, and 6 feet from the ground --or a third of the total height of the tree, whichever is less. Planting new trees is not allowed. Removals may be allowed with permit Removals are always allowed with application. Mitigation fees will be waived for dead Mitigation fees will be waived for dead trees and may be partially waived for unhealthy trees. Tree crowns should have spacing between them to lirT�it fire spread Planting, new trees isacceptable---but should be limited to fire res�stent species if possible. trees and may be waived for unhealthy trees. Tree crowns should have spacing between them to limit fire spread. Planting new trees is acceptable if they are at least 15 h. from structures ---but plantings should be limited to fire resistent species, permit application. Mitigation fees will t trees. Tree crowns must be pruned 10 fee away from any structure and branches; 6 feet from the ground, or a third of the total height of the tree, whichev is less. i Planting new trees is not allowed. City of Aspen Wildfire Mitigation Policy 1 2.16.2026 Wildfire Mitigation Map Disclaimers *The City Forester assesses variables to determine the overall condition and risk associated with each tree removal requested. For more information on how valuations are conducted, please see the Tree Valuation Guidelines and the City of Aspen Tree Removal Code 13. 204 020(d). AFPD will continue to ground truth and provide additional updates to maps and other wildfire preparedness resources based on available research and modeling. Please see the AFPD website (bLtps.@Ilwww.aspenfire.com/reduce-your.r.iskj for updated information. Wildfire -driven tree removals and development -driven removals are evaluated under the same municipal code framework, but are applied differently based on verified risk, defensible space requirements, and policy guidance. A property owner intending to remove trees for fire mitigation purposes should follow these steps before proceeding with removal. 1. Contact the Aspen Fire Protection District for a free home assessment. a. If the Aspen Fire Protection District (AFPD) is unavailable to conduct a complimentary home assessment, a certified arborist may be used solely for the evaluation of trees. In such cases, the property owner should obtain a qualified third -party professional to complete the remaining components of the property assessment, to ensure full compliance with and prevent any unintended misuse of the wildfire resiliency code. 2. After the home assessment is complete, an application for a tree removal permit from the Parks and Open Space Department may UOUubmitted. The application shall include the tree assessment along with or included within the complete home assessment as part of the submission. 3. The City Forester reviews the trees proposed for removal and verifies the strategies proposed per management zone. The City Forester will make the final determination on what will be allowed for removal or relocafiion based on the `Wildfire Mitigation Matrix' (see page 6). 4. Following the receipt of a tree removal permit, the tree(s) may be removed by the homeowner or a licensed tree care provider. 5. If replanting wildfire resistant trees is stipulated as part of the permit, schedule an inspection with the forester once that work is complete. 7 City of Aspen Wildfire Mitigation Policy 1 2.16.2026 All trees will be reviewed and considered for removal by the City Forester. Site condition, tree condition, and other factors apply. Please see Section 13.20.020(d), Tree Removal Permits, for more details on tree removal factors for consideration. The valuation of a tree is set forth in the City of Aspen Municipal Code in Section 2.12.080, Parks Department Fees. This valuation will be applied as the baseline value for trees proposed for fire mitigation removal. When an ignition -resistant species is planted to mitigate the value of the removed tree, the value of the ignition -resistant plant shall be factored into the fee determination to incentivize replanting with ignition resistant plants. Aspen Pitkin County Housing Authority properties (APCHA) and other City owned employee housing units are not subject to wildfire mitigation related tree removal fees. Class 1: Removal Fees 1. Non -ignition resistant trees removed within 5 feet of a structure will not be subject to mitigation lees as defined in the City of Aspen Municipal Code. 2. Trees removed within 5 — 30 feet of a structure may be subject to mitigation fees as defined in the City of Aspen Municipal Code. 2.1. Replacement plantings may offset mitigation obligations or enhance replacement credits based on the use of ignition -resistant species, improved species diversity, and/or spacing that supports long-term wildfire resilience, consistent with the City's Tree Removal & Replacement Valuations Technical Guidance. 3. Trees removed within 30 - 100 feet of a structure may be subject to mitigation fees as defined in the City of Aspen Municipal Code. 3.1. Replacement plantings may offset mitigation obligations or enhance replacement credits based on the use of fire-resistant species, improved species diversity, and/or spacing that supports long-term wildfire resilience, consistent with the City's Tree Removal &Replacement Valuations Technical Guidance. .................................................................................................................................................................................................................................................................................................................................. Class 2: Removal Fees 4. All trees removed within 5 feet of a structure will not be subject to mitigation fees as defined in the City of Aspen Municipal Code. 5. Trees removed within 5 — 30 feet of a structure may be subject to mitigation fees as defined in the City of Aspen Municipal Code. E:3 City of Aspen Wildfire Mitigation Policy 1 2.16.2026 5. I Replacement plantings may offset mitigation obligations or enhance replacement credits based on the use of ignition -resistant species, improved species diversity, and/or spacing that supports long-term wildfire resilience, consistent with the City's Tree Removal & Replacement Valuations Technical Guidance. 6. Trees removed within 30 - 100 feet of a structure may be subject to mitigation fees as defined in the City of Aspen Municipal Code. 6.1. Replacement plantings may offset mitigation obligations or enhance replacement credits based on the use of ignition -resistant species, improved species diversity, and/or spacing that supports long-term wildfire resilience, consistent with the City's Tree Removal & Replacement Valuations Technical Guidance. Unclassified: Removal Fees 7. The City Forester may consider proximity to resiliency code map classifications; non -ignition resistant trees removed within 5 feet of a structure may not be subject to mitigation fees as defined in the City of Aspen Municipal Code. 8. Trees removed within 5 — 30 feet of a structure may be subject to mitigation fees as defined I n the City of Aspen Municipal Code. 8.1. Replacement plantings may offset mitigation obligations or enhance replacement credits based on the use of ignition -resistant species, improved species diversity, and/or spacing that supports long-term wildfire resilience, consistent with the City's Tree Removal & Replacement Valuations Technical Guidance. 9. Trees removed within 30 - 100 feet of a structure may be subject to mitigation fees as defined in the City of Aspen Municipal Code. 9.1. Replacement plantings may offset mitigation obligations or enhance replacement credits based on the use of ignition -resistant species, improved species diversity, and/or spacing that supports long-term wildfire resilience, consistent with the City's Tree Removal & Replacement Valuations Guide. E City of Aspen Wildfire Mitigation Policy 1201602026 1. The City of Aspen Wildfire Mitigation Policy is intended for stand-alone tree permits for existing structures within City limits. 2. Effectiveness of tree -related mitigation efforts will depend on reduction of other fuels in the landscape and structure hardening. 2.1. Fees may not be waived if other wildfire mitigation efforts are not made. 2.2. The City Forester may require a complete property assessment for trees located further than 5 feet from a structure. 3. The City Forester may determine whether a full or partial fee waiver is warranted based on tree location, tree condition, site condition, planting selection, and other factors. 4. A tree's location is determined by half or more of the trunk at the base existing within a given zone. 5. As a condition of approval of the removal or relocation of vegetation, the Parks and Recreation Director may require that the owner replace any removed or relocated tree with a tree or shrub designated as a fire-resistant species. 5.1. The Parks and Open Space Department will maintain a list of suitable ignition -resistant woody species species and make that list available to the public via its website or at the Parks and Open Space office. 5.2. Replanting of ignition -resistant species will help reduce any calculated removal fees. 5.3. If the homeowner elects to not replant trees, the entire calculated fee will be assessed. 6. Pruning and/or retention groups of trees may be recommended or required by the City Forester as an alternative to removal where practical. 7. The Wildfire Mitigation Policy may be amended, updated, and expanded from time to time by City Council Resolution. At least one copy of the Wildfire Mitigation Policy shall be available for public inspection at the offices of the Parks and Open Space Department. 10