BACA COUNTY SHERIFF’S OFFICE

SHERIFF AARON SHIPLETT

OFFICE (719) 523-4511 265 EAST 2 ND AVENUE FAX (719) 523-4587

Dear Baca County Residents,
Fire season is upon us and has been for a while now. We are currently in varying degrees of
drought in Baca County, the state, and in many parts of this nation. The fire danger remains high
in Baca County and I don’t see much relief in the foreseeable future. As you all have probably
noticed there are, and have been, several large fires in some nearby counties and states that have
caused a tremendous amount of property damage, stretched firefighting resources and
communities to their breaking points, and unfortunately have even cost a few people their lives.
Before I move on with this message, I would like to take this opportunity to express my deep
appreciation and gratitude to our fantastic volunteer firefighters and volunteer fire departments in
Baca County. They have ALL done a tremendous job battling the fires that we have had up to
this point, and they have been able to keep those fires and the damage they have caused to a
minimum. They have also travelled to surrounding jurisdictions to assist those jurisdictions with
their firefighting efforts. Likewise, those surrounding volunteer fire departments have sent
resources to help our local fire departments when we needed additional resources. Please, take
the time to personally thank them for their exemplary service when you see them.
In the interest of public safety and in defense of life and property, the Baca County Sheriff’s
Office, the Baca County Office of Emergency Management, several local fire chiefs, and the
Baca County Commissioners have begun the process of adopting an ordinance in Baca County
that would give the commissioners and local emergency officials the ability to enact and enforce
varying degrees of fire bans inside Baca County depending upon fire and draught conditions, the
availability of firefighting resources, and several other fire related factors. The Baca County
Commissioners Office will be publishing a copy of this proposed ordinance in the coming days
and will also be conducting a public meeting to discuss this new proposed ordinance. We do not
embark on this endeavor lightly, nor do we intend to interfere with the livelihoods or daily
enjoyment of the Baca County residents or visitors to our county. We do so with the specific
intent to protect all of Baca County in this time of draught and extreme fire danger we currently
find ourselves in.
In the meantime, while we work through the process of passing this vitally important ordinance, I
am pleading with all Baca County residents and visitors to exercise extreme caution and take
every opportunity to refrain from ANY type of open burning in the county until further notice.
As your Sheriff, I serve as the fire marshal for all unincorporated areas of Baca County pursuant
to Colorado State Law. It is important to note that there are varying degrees of arson in the State
of Colorado, and the following is a brief breakdown of fourth degree arson taken from current
Colorado State Law. Fourth degree arson is specifically noted here because it simply requires
that a person, “knowingly or recklessly start or maintain a fire on his own property or that of

another and by doing so places any building or occupied structure of another in danger of damage
commits fourth degree arson”.
18-4-105. Fourth degree arson.
(1) A person who knowingly or recklessly starts or maintains a fire or causes an explosion, on his
own property or that of another, and by so doing places another in danger of death or serious
bodily injury or places any building or occupied structure of another in danger of damage
commits fourth degree arson.
(2) Fourth degree arson is a class 4 felony if a person is thus endangered.
(3) Fourth degree arson is:
(a) A petty offense if only property is thus endangered and the value of the property is less than
three hundred dollars;
(b) A class 2 misdemeanor if only property is thus endangered and the value of the property is
three hundred dollars or more but less than one thousand dollars;
(c) A class 1 misdemeanor if only property is thus endangered and the value of the property is
one thousand dollars or more but less than two thousand dollars;
(d) A class 6 felony if only property is thus endangered and the value of the property is two
thousand dollars or more but less than five thousand dollars;
(e) A class 5 felony if only property is thus endangered and the value of the property is five
thousand dollars or more but less than twenty thousand dollars;
(f) A class 4 felony if only property is thus endangered and the value of the property is twenty
thousand dollars or more but less than one hundred thousand dollars;
(g) A class 3 felony if only property is thus endangered and the value of the property is one
hundred thousand dollars or more but less than one million dollars; and
(h) A class 2 felony if only property is thus endangered and the value of the property is one
million dollars or more.
(4) Repealed.
(5) It shall not be an arson offense pursuant to this section if:
(a) A person starts and maintains a fire as a controlled agricultural burn in a reasonably
cautious manner; and
(b) No person suffers any of the following as a result of the fire:
(I) Bodily injury;
(II) Serious bodily injury; or
(III) Death.

(6) For purposes of this section, “controlled agricultural burn” means a technique used in
farming to clear the land of any existing crop residue, kill weeds and weed seeds, or reduce fuel
buildup and decrease the likelihood of a future fire.
These are just some of the criminal penalties a person could face if they start a fire and it burns,
or even threatens the property of another. There would almost certainly be enormous civil
penalties involved also, not to mention the mental and emotional anguish that a person would
suffer knowing that someone lost their home, barn, or God forbid their life, just because a person
decided to be irresponsible or careless with fire during such volatile fire conditions.
We ALL owe it to each other to reduce the chances of a fire changing this community and our
lives forever. Because of the extreme draught conditions we are currently facing, the risk of fires
from natural causes will be a big enough challenge in the coming months. Let’s give our
emergency responders a break and keep them safe at home. Let’s do our best to give them a
“boring summer” with no “man-made” fires.
The Baca County Sheriff’s Office, Baca County Office of Emergency Management, Baca County
Commissioners, and all of our local emergency responders appreciate your cooperation and
willingness to exercise common sense in regards to fire safety.
Aaron Shiplett
Baca County Sheriff