Update on Fire Ban Ordinance:

On April 23rd, 2026, the Baca County Board of County Commissioners held a public meeting to discuss the new proposed fire ban ordinance. All three commissioners, myself, the County Attorney, a representative from the County Clerk’s Office, one local Fire Chief, and one member of the public attended the meeting. During the meeting we discussed the common-sense enforcement, wording, and necessity of the new ordinance. There were positive feedback and concerns voiced by all in attendance. Following the public meeting the Board of County Commissioners (BOCC) voted unanimously to pass the ordinance as published and presented. After passing the ordinance the BOCC elected to not enter into any specific stage of fire ban at this time, but they will monitor the current fire danger conditions and will continue to consider the advice and recommendations of the Sheriff, Office of Emergency Management, and local Fire Chiefs in future decisions. By passing Baca County Ordinance #7-Regulating and Restricting Open Fires and Open Burning in the Unincorporated Areas of Baca County, the Commissioners have given Baca County a set of guidelines and restrictions that when used properly and with common sense, will make us all safer and reduce the fire danger in the county.

What this means for Baca County residents and visitors:

First and foremost, this ordinance only pertains to unincorporated areas of Baca County. It is not enforceable inside of the incorporated towns in Baca County. Those towns are responsible for passing and enforcing their own fire restrictions through their own ordinances inside of their respective jurisdictions.

The next most important aspect of this ordinance is that now any time the National Weather Service issues a Red Flag Warning, Baca County is automatically in Stage 1 Fire Restrictions. Red Flag Warnings are issued by the National Weather Service (NWS) when factors such as high temperatures, low humidity, strong winds, and dry vegetation or debris combine to create a heightened fire risk. So, from now on, whenever the county is under a Red Flag Warning we are also in Stage 1 Fire Restrictions during those hours that the Red Flag Warning is in effect.

Stage 1 Fire Restrictions include:

a. Building, maintaining, attending or using a fire, campfire, coal or wood stove, fireplace, or open fire of any type outdoors shall be temporarily suspended in all undeveloped areas.

Because Baca County is a rural agricultural community, this ordinance provided some exceptions for agricultural open burning. The following shall be exception to the prohibited activities:

Agricultural open burning by a producer on property owned by or in the care of the agricultural producer. Agricultural burning on Red Flag Warning days is highly discouraged as it could present an extreme danger to life and property. Such burns, along with any burn that ultimately violates Colorado Revised Statute(s), including ARSON, can be criminally prosecuted.

Please Note: Producers are required to notify the Baca County Sheriff’s Office prior to and at the conclusion of the agricultural open burning.

"Agricultural Open Burning" means the burning of cover vegetation for the purpose of preparing the soil for crop production, weed control, maintenance of water conveyance structures related to agricultural operations, and other agricultural cultivation purposes. The open burning of animal parts or carcasses is not agricultural open burning, nor is the open burning of household trash, wood and yard debris on agricultural land.

It shall also be unlawful for any person to leave an open fire or open burning activity of any type unattended at any time that creates a risk of ignition or escape, regardless of whether or not a fire ban is in effect.

Fines for a violation of Baca County Ordinance #7-Regulating and Restricting Open Fires and Open Burning in the Unincorporated Areas of Baca County range from $250 to $1,000. Having stated the above penalties, it is the intent of the Baca County Sheriff’s Office to educate and warn citizens and visitors of the importance of Ordinance #7 prior to issuing summonses whenever possible.

A true and exact copy of Baca County Ordinance #7 is available at the Baca County Sheriff’s Office and at the Baca County Commissioners Office. It will also be posted on Baca County website (bacacountyco.gov) under the Sheriff’s tab in the coming days and we will upload it into a Facebook post on our page as soon as it is made ADA compliant for Facebook. We will also post it in the local paper again for clarification and education.

I realize that this ordinance is a bold move in 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. But, as I write this notice, I am troubled by the fact that Las Animas County to our west is currently battling the Poitrey Canyon Fire northwest of Kim, CO. That fire is 40 percent contained and is well over 2100 acres.

Fire crews and fire aircraft from all over the state are trying to get it under control and the Governor has issued a state of emergency in Las Animas County because of that fire. Also, of concern are the recent fires in the Oklahoma Panhandle that spread into Southwestern Kansas and burned close to 300,000 acres. By passing this new ordinance we now have some tools in place to help officials manage the risk that wildfires pose to Baca County and its citizens while also being mindful of individual property rights and livelihoods.

As always, I appreciate your cooperation and support as we endeavor to make Baca County a safer place to live.

Aaron Shiplett

Baca County Sheriff