Burning Regulations

Active Fire/Burn Restrictions:

Stage 1 Fire Restrictions have been lifted in Delta County effective September 12, 2025 at noon.

Delta County Open Burning & Local Fire Restriction Ordinance - Ordinance Number 2024-02

The Delta County Board of County Commissioners on May 7, 2024, during their normal business meeting approved the second and final reading of Ordinance 2024-02 and it was enacted effective May 7, 2024.

Highlights of Ordinance Number 2024-02

Repealed Delta County Resolution 1989-R-017,
Repealed Delta County Ordinances numbered 1996-003, 2007-02, and 2012-01 which previously dealt with open burning regulations and red flag days.
Established open/agricultural burning definitions and allowed for the implementation of restrictions on open fires and burning during severe weather conditions to include watches and warnings issued by the National Weather Service.
Appoint the Delta County Sheriff and/or their designee with the authority to enact Stage I or Stage II fire restrictions as defined within the Ordinance within all or portions of unincorporated Delta County when high fire danger conditions exist and rescind those restrictions when appropriate.
Prohibits the open burning of trash.
Requires that anyone initiating an agricultural open burn, or open fire in Delta County to notify the Delta County Burn Line on the same day as the burn.

Required Notice - Delta County Burn Line

No person in Delta County Shall initiate an agricultural open burn, broadcast burn, or open fire as described in Ordinance No. 2024-02 without first notifying the Delta County Emergency Communications Center via the Burn line at 970-399-2955 on that same day as the burn is conducted and relaying the required information as stated on the automated recording as to the location of any fire(s)s to be initiated. The Burn Line is accessible 24 hours a day by calling 970-399-2955 to determine the status of an Open Burn Restrictions in Delta County.

Unlawful Activities in Delta County Related to Open Burning

Section V. Unlawful Activities

The following activities are unlawful at all times within unincorporated Delta County:
- Engaging in any activity prohibited when Stage I, Stage II, or Stage III fire Restrictions are in effect other than exempted per the restrictions in unincorporated Delta County.
- No person shall initiate an Open Fire without first notifying the Delta County Burn Line
- No person shall initiate an Open Fire in unincorporated areas of Delta County on a day when the Delta County Sheriff or his designee has enacted a "Red Flag/High Wind Temporary Fire Ban"
- The open burning of any trash, rubber, plastics, tires, asphaltic shingles, insulation, or similar dense or toxic smoke-producing substances by any person, firm, corporation, cooperative, or any other entity is prohibited.

Open Burning that Requires a Permit from the State of Colorado via the Colorado Department of Public Health & Environment

Section VI(a): Certain open burning is allowed but requires a permit issued through the Colorado Department of Public Health and Environment (CDPHE) Air Pollution Control Division. These burns include but are not limited to Slash/Pile burning.
See Colorado Air Quality Control Commission Regulation Number 9, 5 Code Regulations Section 1001-11 and CDPHE Outdoor Burning website for further information.
The burning of household trash and other dense smoke-producing materials is prohibited in Delta County. The Delta County Environmental Health Division enforces the Open Burning Regulations.

Reporting Violations

Call the 24-hour indoor burning hotline at 303-692-3280. If the State has jurisdiction, they'll contact the suspected violator. If local public health has jurisdiction, the state reporting line will pass along the information you report to the Health Department, and they will follow up on the complaint.

For violations of Ordinance Number 2024-02 and Agricultural Burning and out-of-control burns, please call 911.

Definitions Under Ordinance Number 2024-02

Red Flag/High Wind Temporary Fire Ban- A Red Flag/High Wind Temporary Fire ban is in effect any time when the National Weather Service issues any of the following watches/advisories:
- Red Flag Warning
- Wind Advisory
- High Wind Watch
- High Wind Warning
Open Fire- As used in this Ordinance, the term "Open Fire:" means:
- Includes setting fire to any grass, wood, or other combustible material outside of an enclosed structure; the use of explosives or fireworks of all kinds and brands; or outdoor welding or operating an acetylene or other torch with an open flame other than in an area cleared of all flammable materials;
- Does not include: emissions from fireplaces, fire pits, chimineas, or other wood-burning containers that have been approved for residential, recreation, or aesthetic purposes at a residence or business; campfire outside a structure or living accommodation contained by a fireplace, pit, or permanent grate used for cooking, personal warmth, personal recreation, ceremonial or aesthetic purposes or a campfire that uses charcoal, natural gas, propane or another fuel or fires within a residential or commercial fireplace.
Agricultural Open Burning - Colorado defines Agricultural Open Burning as: "open 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" [Colorado Air Regulation 9]

Violations of Ordinance Number 2024-02

This Ordinance shall be enforced by the Delta County Sheriff or their designee. Pursuant to Colorado Revised Statute Section 30-15-402(1), any person who violates any provision of this Ordinance shall be guilty of a civil infraction and, upon conviction thereof, shall be punished by a fine of not more than $1,000 for each separate violation. Each violation shall be deemed separate and distinct from any other violation and punishable as a separate offense.

First Violation: $50 fine
Second violation: $250 fine
Third violation: $500 fine
Subsequent Violations: $1,000 fine

The penalty assessment procedure provided in Colorado Revised Statutes § 16-2-201 is authorized to be followed by any law enforcement officer for such violation(s). The notice shall be a summons and complaint, identify the alleged offender, specify the offense and applicable fine, and require that the alleged offender pay the fine or appear to answer the charge at a specified time and place.