Open Space wildfire code change

City of Boulder City Council Agenda Item Meeting Date: July 30, 2026 Agenda Title Request for a ”Nod of Five“ for staff to develop an ordinance addressing Wildfire Resilience on Open Space

Staff Contact • • • •

Chris Meschuk, Deputy City Manager Dan Burke, Director of Open Space & Mountain Parks Sarah Geiger, Senior Counsel, City Attorney’s Office Janet Michels, Senior Counsel, City Attorney’s Office

Executive Summary The purpose of this item is for City Council to provide direction to staff regarding a potential ballot measure or code change regarding wildfire resilience on Open Space lands. Much of the information in this Memorandum was also provided in the July 23, 2026, first reading of ballot measures memorandum. Staff has identified two options for council’s consideration: 1. An amendment to Charter Sec. 176, to add a new subsection, which will require voter approval. 2. An ordinance adding a new section to the Boulder Revised Code, in Chapter 8-8, “Management of Open Space Lands,” confirming the city’s ability to use open space land for fire mitigation purposes, which can be adopted by council. Staff is recommending an ordinance in Chapter 8-8 and seeking feedback from council on which option is preferred. If the ordinance is preferred, staff is prepared to bring this to

council in September. If a Charter amendment ballot item is preferred, staff is prepared to bring this to council on Aug 6 and 20.

Analysis Council gave direction on May 14, 2026, to explore a possible amendment to Charter Sec. 176 “Open Space Purposes-Open Space Land” to explicitly state that wildfire mitigation is a permitted use for open space land. Staff conducted additional analysis and evaluated various approaches to implement that direction. Staff has identified two options for council’s consideration: 1. An amendment to Charter Sec. 176, to add a new subsection, which will require voter approval. 2. An ordinance adding a new section to the Boulder Revised Code, in Chapter 8-8, “Management of Open Space Lands,” confirming the city’s ability to use open space land for fire mitigation purposes, which can be adopted by council though the normal legislative process. The Charter amendment would add a new Sec. 176(i) to the list of open space purposes. This change would require voter approval. The second option is a new approach that arose since May that would achieve the same outcome of explicitly stating that wildfire mitigation is a permitted use for open space land. This approach would be to add a new section in Chapter 8-8, “Management of Open Space Lands,” B.R.C. 1981, stating that wildfire mitigation is a permitted use for open space lands. This code section could be adopted by council without having to wait until and dependent upon the outcome of the November election. The Open Space Board of Trustees (“OSBT”) discussed these options on July 8, 2026, and made a motion to support an amendment to Charter Sec. 176 by adding a new subsection (i) as follows: “Utilization of land to mitigate wildfire, flood, and other hazards to open space land and adjacent urban and agricultural areas.” This motion passed four to one. The conversation of the board focused on two areas: First, the need to clarify and explicitly call out wildfire resilience as an open space purpose and, second, the mechanism to do so: Charter amendment versus ordinance. The board recommended amended language to Charter Sec. 176. While the majority of the OSBT did not object to an ordinance option they favored the Charter amendment approach as the best way of providing the community with the opportunity to weigh in on this matter. The majority of OSBT also supported expanding the language in the proposed amendment to explicitly allow the use of Open Space land to mitigate other natural hazards in addition to wildfire. While the dissenting voice on OSBT expressed the need for continued and enhanced wildfire resilience efforts on open space lands, they did not feel it necessary to open up the Charter for amendment on an activity that is already permissible under current

Charter provisions and expressed a desire to further discuss and consider the ordinance alternative. A link to the OSBT meeting starting at this agenda item is here. At CAC on July 27, a councilmember asked what the significance is of OSBT making a recommendation. One of OSBT’s Charter functions is to make recommendations to council regarding the Open Space program. There is no Charter requirement that council follow a recommendation from OSBT. Council considers the recommendation as it would consider a recommendation from any other valued source. As described below, if council wishes to proceed with a code change, staff will take the draft language to OSBT for a recommendation prior to council consideration. Staff recommends that council proceed with an ordinance to add a new section to chapter 8-8, “Management of Open Space Lands,” B.R.C. 1981. The rationale for this approach is: •

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As stated previously, staff does not perceive any limitations in the current Charter language that affects the authority for wildfire activities underway on open space land, nor has staff been unable to implement wildfire resilience activities or projects due to a concern with Charter alignment. A ballot measure to add wildfire mitigation as an Open Space purpose under Charter Sec. 176 may give community members the false impression that the Charter currently inhibits wildfire activities from being performed on Open Space land. Chapter 8-8, “Management of Open Space Lands,” B.R.C., 1981, already interprets Open Space Charter sections, and adopting a new section would follow that same precedent, and allow for enumeration of the activity within the balance of all the Open Space purposes. This proposed ordinance could be considered for adoption in September, following staff drafting of a code change, and a recommendation from the Open Space Board of Trustees, and would not have to wait for or be dependent on the results of the November election.

If council disagrees with this recommendation and would like to proceed with a Charter amendment ballot measure, staff has prepared a ballot ordinance for consideration on August 6 for first reading and second reading and public hearing on August 20 to still meet the deadline for submission of ballot titles to the county.

Next Steps for City Council If a code change is requested, staff will bring this to City Council for consideration in September. If a ballot item is requested, staff will bring this to City Council for consideration on August 6 and 20.

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