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Baca County passes fire ban ordinance, triggering automatic Stage 1 restrictions during Red Flag warnings

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Kiowa County Press Staff
(Kiowa County Press)

The Baca County Board of County Commissioners unanimously passed a new fire ban ordinance on April 23, 2026, that will automatically place unincorporated areas of the county in Stage 1 fire restrictions whenever the National Weather Service issues a Red Flag Warning.

Ordinance #7 — Regulating and Restricting Open Fires and Open Burning in the Unincorporated Areas of Baca County — was approved following a public meeting attended by all three commissioners, the county attorney, a representative from the County Clerk’s Office, a local fire chief and one member of the public. The board did not place the county under any specific stage of fire ban at the time of passage, but said it will continue to monitor conditions and consult with the sheriff, the Office of Emergency Management and local fire chiefs.

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The ordinance applies only to unincorporated areas of Baca County. Incorporated towns within the county remain responsible for their own fire restrictions through their respective ordinances.

The most significant change is the automatic link to Red Flag Warnings, which the National Weather Service issues when high temperatures, low humidity, strong winds and dry vegetation or debris combine to create heightened fire risk. Whenever a Red Flag Warning is in effect, Stage 1 fire restrictions will apply throughout the unincorporated county for the duration of the warning.

The ordinance comes amid an unusually dry spring on the eastern plains, where Colorado has activated a Phase 2 drought response as conditions reach historic severity.

Under Stage 1, building, maintaining, attending or using a fire, campfire, coal or wood stove, fireplace or open fire of any kind outdoors is suspended in all undeveloped areas. Burning of trash, refuse or debris is suspended, as is the use of fireworks, including permissible fireworks defined in §12-28-101, C.R.S. Outdoor welding, grinding or use of any torch in areas where vegetation could ignite is suspended unless an adequate water supply or fire extinguisher is on site. Operating outdoor equipment or machinery with an internal combustion engine in undeveloped areas is suspended unless the equipment has a properly installed and maintained spark-arresting device.

Campfires contained in permanent fire pits or grates within developed recreation areas are permitted, as are enclosed propane and bottled-fuel grills and enclosed charcoal- or wood-fueled grills, provided they are used in areas free of flammable vegetation and material. All allowed open fires must be attended at all times, with an adequate water supply and/or fire extinguisher on site. During a Red Flag Warning, even those permitted campfires and outdoor charcoal or wood grills are prohibited.

Smoking is suspended outdoors during Stage 1 except inside an enclosed vehicle, building or in an outdoor smoking area that is hard-surfaced or cleared of flammable vegetation. Discarding smoking materials in a receptacle not designed for them, from a vehicle or in any outdoor location is prohibited at all times.

The fireworks restriction can last no longer than one year and will not apply between May 31 and July 5 of any year unless the Board of County Commissioners makes an express finding of high fire danger by resolution.

The ordinance also requires anyone planning outdoor burning, including agricultural burning, to notify the Baca County Sheriff’s Office before and after the burn. The notification requirement does not apply to outdoor hot work, welding, cooking grills or legal campfires. Agricultural producers retain the ability to conduct open burning on property they own or care for, but burns conducted on Red Flag Warning days are strongly discouraged and could be subject to criminal prosecution under Colorado Revised Statutes, including arson, if they violate state law. Burning animal parts, carcasses, household trash, wood or yard debris on agricultural land is not considered agricultural open burning under the ordinance.

Leaving an open fire unattended is unlawful at all times, regardless of whether a fire ban is in effect.

Violations of Ordinance #7 carry fines of $250 to $1,000. The Sheriff’s Office said its intent is to educate and warn citizens and visitors about the ordinance prior to issuing summonses whenever possible.

Sheriff Aaron Shiplett said the move is a notable shift for a county “where very few restrictions on private property activities and no zoning ordinances exist and where we pride ourselves on our freedoms and individual rights.” He cited the Poitrey Canyon Fire burning northwest of Kim in Las Animas County — at 40 percent containment and more than 2,100 acres at the time of writing, with a state of emergency declared by the governor — and recent fires in the Oklahoma Panhandle that spread into Southwestern Kansas and burned close to 300,000 acres.

Just across the state line, Southwest Kansas remains on alert for wildfires amid extreme weather, a region that shares Baca County's terrain and weather patterns. Baca County itself has dealt with significant blazes in the past, including a 2018 Baca County fire that was eventually declared contained after burning thousands of acres of grassland.

Notifications of Red Flag Warnings and any additional restrictions will be posted on the Baca County Sheriff’s Office Facebook page and the Baca County Office of Emergency Management page, in the local paper, and through RAVE Mobile notifications, which residents can sign up for through the Office of Emergency Management. Information is also available on the National Weather Service website and weather apps.

A copy of Ordinance #7 will be available at the Baca County Sheriff’s Office, the Baca County Commissioners Office and on bacacountyco.gov under the sheriff’s tab. The Sheriff’s Office said the document will also be posted on Facebook once it is ADA compliant.