Boulder County is responsible for the management of vegetation resources on the land under its ownership. The County also has limited jurisdiction of vegetation resources on private land, primarily for rare, endangered, threatened species or significant communities, and wildfire mitigation, including the establishment of defensible space around structures. The Boulder County Comprehensive Plan includes documentation of the specific resources to be protected and/or managed, as well as broad policy statements directing the implementation of the County’s regulations. The County’s authority is implemented primarily by means of the Land Use Code and building regulations. In most instances, this action will take place under Article 4-700, Site Plan Review for Development Affecting Environmental Resources, which applies to construction of new residences or significant additions. Other portions of the Land Use Code that would trigger the County’s involvement include Article 4-600, Uses Permitted by Special Use Review and Limited Impact Special Review, and Article 8, Areas and Activities of State Interest. Article 7-1100 of the Boulder County Land Use Code represents the wildfire hazard mitigation requirements placed upon new construction in the mountains of the County (included as Appendix 4.3).
The County follows its own policies when developing management plans for its Parks and Open Space properties. As a political and regulatory extension of state and federal government, the County is also obligated to implement state and federal regulations in its activities where appropriate or required by law.
Some of the more relevant policies that apply to vegetation resources are listed below. Additional policies are found in Appendix 4.2.
ER 4.08 The County shall continue research on the County's wildlife habitats utilizing the Parks and Open Space Department staff, volunteers and professionals. Continual re-evaluation and updating of the Environmental Resources Element list of critical wildlife habitats will form the basis for such research.
ER 4.10 Owners of land on which these plant associations or species exist will be encouraged to seek assistance from the Parks and Open Space Department or other knowledgeable professionals for the purpose of appropriately managing these resources.
ER 4.12 Land use proposals which could have potentially adverse impacts on critical plant associations or rare plant sites shall be dealt with on a case-by-case basis in order to eliminate or adequately mitigate such adverse impacts. Depending on the scale of the project and the degree to which the proposal will alter the natural successional patterns of the area, the applicant may be required to complete a report addressing the proposal's impacts on the identified associations or species, which report shall include recommendations for elimination or mitigation of such adverse impacts.
ER 5.01 Boulder County, utilizing County staff, volunteers, and professionals, shall continue researching significant natural communities and rare plant sites for the purpose of maintaining a current inventory. Significant natural communities and rare plant sites, as identified in the Environmental Resources Element, shall be exhibited on Map Sheet #4.
ER 5.03 The County shall cooperate and participate with other governmental agencies and other public and private organizations to develop regional approaches to natural community and rare plant protection. Where significant natural communities or rare plant sites have been identified on public land, the County will pursue intergovernmental agreements to ensure the specific protection of these resources.
ER 5.04 The County will encourage applicants of land use proposals to avoid damaging, disturbing, or disrupting any natural communities. The County will review proposals which could potentially disturb or alter significant natural communities or rare plant sites. If adverse impacts to the vegetation are unavoidable, the County shall request a report addressing the proposal's impacts on the identified community or site and any appropriate mitigation measures (including site restoration). The report shall detail the implementation of a site specific management and monitoring plan designed to minimize impacts to the community or site.
Environmental Conservation Areas (ECA) are large and relatively undeveloped areas of the County that possess a high degree of naturalness, contain high quality or unique landscape features, and/or have significant restoration potential. Their size and quality make them important areas for wide-ranging animals, human-sensitive species, native plant communities, and ecological processes.
The Planning Area includes two ECA’s. The Winiger Ridge ECA is approximately 3,000 acres located within the south-central and southeastern portion of the Planning Area. Features include elk critical winter range and winter concentration area, old-growth ponderosa pine/Douglas-fir, and an important east-west large mammal movement corridor. The area retains a relatively high degree of naturalness due to a roadless area in South Boulder Creek Canyon west of Gross Reservoir. Winiger Ridge is closed to motorized vehicles during the winter.
The Hawkin Gulch/Walker Ranch/Upper Eldorado Canyon ECA is 9,500 acres in size and includes both the foothills and lower montane zones. Features include elk critical winter range and winter concentration area, old-growth ponderosa pine/Douglas-fir habitat for mountain lion and black bear, and an important east-west and north-south large mammal movement corridor. This ECA includes approximately 2,000 acres within the northeastern portion of the Planning Area, including Twin Sisters Mountain. Applicable ECA policies are found in Appendix 4.2.1.
The Arapaho and Roosevelt National Forests have jurisdiction of National Forest lands within the Planning Area. As an agency of the federal government, the Forest Service must comply with all applicable federal planning policies and regulations. Where the federal government has delegated jurisdiction to state government, then the Forest Service must comply with applicable state regulations. The management of Forestlands is subject to numerous statutes, regulations, executive orders, and agreements (Arapaho and Roosevelt National Forests and Pawnee National Grassland, 1997, Appendix C).
Some of the regulations most applicable to vegetation management include:
Endangered Species Act of 1973
Federal Land Policy and Management Act of 1976
Federal Noxious Weed Act of 1974
Forest and Rangeland Renewable Resources Planning Act of 1974
Multiple-Use Sustained Yield Act of 1960
National Forest Management Act of 1976
36 CFR 221 - Timber Management Planning
36 CFR 223 - Sale and Disposal of NFS Timber
Executive Order 11990 - Protection of Wetlands
Cooperative Fire Control Agreement between Boulder County and the Arapaho and Roosevelt National Forests
Northern Front Range Wildland Fire Cooperators Agreement between the USDA, National Park Service, Larimer County, Boulder County, Colorado State Forest Service, City of Boulder Fire Department, Poudre Fire Authority, and the Arapaho and Roosevelt National Forests and Pawnee National Grassland
Appendix 4.4 lists the applicable vegetation management direction from the Arapaho and Roosevelt National Forests Land and Resource Management Plan. The majority of vegetation management on Forest lands in the Planning Area will be determined by the Boulder County Ecosystem Cooperative in the context of the Winiger Ridge Forest Health Restoration Project, as described above in Section 4.6.3.
Denver Water operates Gross Reservoir under a Federal Energy Regulatory Commission (FERC) permit. Therefore, vegetation management on Denver Water’s property, and the Forest Service land within the FERC permit boundary, must comply with federal regulations. These regulations will be similar to those the Forest Service must comply with, as described above.
The County Sheriff has jurisdiction over wildfires on private and county properties; the US Forest Service has jurisdiction over wildfires on federal lands. Should a wildfire cross jurisdictional boundaries and/or become a multi-day event, a joint command structure is set up that includes the Sheriff, US Forest Service, and the Colorado State Forest Service, and depending upon circumstances, other federal agencies.
The Planning Area is in the High Country Fire Protection District. The local fire protection district assists with wildfire hazard educational programs, such as WHIMS, and is typically the first agency to respond to wildfire.
The State of Colorado has created a noxious weed management program (Colorado Noxious Weed Act, § 35-5.5-115, C.R.S.). The goals of the program are to prevent the introduction of new invasive plant species, eradicate species with isolated or limited populations, and contain and manage those invasive species that are well established and widespread in Colorado. To accomplish these goals, the noxious weed management program implements preventative strategies to reduce the opportunity for new invasive species to spread into Colorado, provides information and resources to local weed managers to quickly and effectively eradicate small populations of established noxious weeds, helps establish local weed management areas emphasizing coordinated efforts among public and private landowners to effectively manage widespread weed populations, and educates public agency staff and private citizens about the negative impacts associated with noxious weeds and how to manage them successfully. The state, in conjunction with county and municipal governing bodies, has developed the State Noxious Weed list. This list, current as of this report, is found in Appendix 4.6.
The Boulder County Weed Control District manages local implementation of the Noxious Weed Act.
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