El Paso County Fire Ban: Stages, Fines, and Spark Arrester Rule

An El Paso County fire ban is a set of restrictions the Sheriff or Board of County Commissioners activates in the unincorporated parts of the county to limit what you can burn, grill, or ignite when wildfire risk is elevated. The county runs the system in two tiers, Stage I and Stage II, and violations carry fines of up to $1,000.¹ Open burning is also prohibited any time the National Weather Service issues a Red Flag Warning, whether or not a formal stage is in effect.²

How to Check Whether a Ban Is in Effect

The El Paso County Sheriff’s Office fire information page shows the current restriction stage or confirms that no restrictions are active.² That page is the single most reliable source. The Sheriff’s Office also posts changes on social media, and county residents can sign up for emergency notifications on their phones.

Federal land inside the county runs on its own schedule. Pike National Forest and Bureau of Land Management parcels can be under restrictions when the county is clear, or vice versa. The Colorado Emergency Management fire restrictions page links to interactive maps for the national forests and the BLM Royal Gorge Field Office that cover El Paso County.³ Check both before you head outdoors.

What Stage I Prohibits

Stage I is the lighter tier. It targets the common ignition sources without shutting down all outdoor cooking. Under Stage I:

Campfires are allowed only inside permanently constructed fire grates at developed campgrounds and picnic areas, with at least three feet of clearance from anything flammable. Rock rings you build yourself do not count.²
Smoking is limited to enclosed vehicles or buildings, developed recreation sites, or a bare spot at least three feet across.⁴
The sale and use of all fireworks are banned.²
Any previously issued prescribed burn permits are revoked the moment Stage I takes effect.⁴
Chainsaws, off-road vehicles, and similar internal combustion equipment cannot be operated without a working spark arrester.⁴
Outdoor welding or open-flame torch work is prohibited unless done in a cleared area.⁴

Charcoal grills, pellet stoves, and chimineas remain allowed at private homes, developed campgrounds, and picnic areas during Stage I, as long as the ground is cleared three feet in every direction. Gas and propane appliances are also permitted with the same clearance and with flame lengths no taller than two feet.²

What Stage II Prohibits

Stage II is the strict tier. Everything banned under Stage I stays banned, and the rules expand to shut down almost all outdoor fire:²

All open fires and campfires are banned, including in permanent fire grates.
Charcoal grills, pellet stoves, and chimineas are banned. This is the biggest change from Stage I, where they were still allowed.
All outdoor pyrotechnics and exploding targets are prohibited.
Fireworks remain banned.

What You Can Still Do During Stage II

A short list of activities stays allowed if you meet the safety conditions:⁵

Gas and propane stoves, fire pits, and grills are permitted at private homes, developed campgrounds, and picnic grounds. The ground must be cleared three feet in every direction, flame lengths cannot exceed two feet, and the device needs a shut-off mechanism such as a valve or tip-over safety switch.
Wood-burning stoves and fireplaces inside a building are still permitted.
Outdoor welding and torch work is allowed only in a cleared area at least 30 feet across, with a dedicated fire watch who has immediate access to a fire extinguisher or water.

The propane rule is the one most homeowners ask about. If your grill runs on propane or natural gas and has a shut-off valve, you can still cook outside during Stage II. A charcoal grill sitting on the same patio cannot be used.

The Spark Arrester Rule

Both stages prohibit running any internal combustion engine outdoors without a working spark arrester.⁴ Chainsaws, off-road vehicles, and generators all fall under this rule. The device must trap or break down exhaust particles to a size below 0.023 inches, and it must meet USDA Forest Service Standard 5100-1b or SAE Recommended Practice J350. Trap-type arresters need a way to clean out accumulated carbon.⁶ A clogged arrester that no longer works will not satisfy the requirement.

Where the Ban Applies

El Paso County fire restrictions cover the unincorporated parts of the county, including private property, county-managed public land, and applicable state and federal lands within those boundaries.⁷ If you live in Black Forest, Peyton, Cimarron Hills, or another unincorporated community, the county rules govern your property.

Incorporated cities inside the county, including Colorado Springs, Monument, and Fountain, run their own municipal codes and fire regulations. They can impose bans on their own timelines. Being an El Paso County resident does not automatically put you under the county’s restrictions. Check whether your address is inside a city or on unincorporated land.

Fines for Breaking a Fire Ban

Violating the county’s fire restrictions is a civil infraction, and the fine ceiling depends on which stage is active, not on your record:¹

During Stage I, up to $600 per violation, as set by the County Court.
During Stage II, up to $1,000 per violation.
If you accept guilt and pay without appearing in court, the penalty assessment is $100 during Stage I or $500 during Stage II, plus a $10 surcharge.

Each violation counts separately, so a single evening could produce more than one fine if you break more than one rule. Colorado law caps fines under county ordinances at $1,000 per violation.⁸

If Your Fire Actually Spreads

The county fine is the smallest exposure you face if a prohibited fire escapes. Colorado law holds anyone who sets a fire that damages someone else’s property liable for the full cost of that damage. When the governor has declared a drought emergency at the time the fire is set, damages triple. The treble damages provision does not apply to agricultural burns or fire management operations authorized by the state.⁹

Criminal charges are possible too. Under Colorado’s fourth-degree arson statute, knowingly or recklessly starting or maintaining a fire that endangers another person is a class 4 felony. If only property is endangered, the felony class scales with the value at risk, from a petty offense below $300 up to a class 2 felony when property worth $1 million or more is threatened.¹⁰ In a county where homes back up against wildland, a small escaped fire can put millions of dollars of property in the balance quickly.

1
El Paso County Clerk and Recorder. El Paso County Open Burning Ordinance 22-001
2
El Paso County Sheriff’s Office. Fire Information
3
Colorado Emergency Management. Fire Restrictions
4
El Paso County Sheriff’s Office. Stage I Fire Restrictions Reinstated for El Paso County
5
El Paso County Sheriff’s Office. Sheriff Joseph Roybal Implements Stage II Fire Restrictions Amid Continued High Fire Danger
6
USDA Forest Service. Spark Arrester Guide FAQ
7
El Paso County. El Paso County Open Fire and Open Burning Restriction Ordinance
8
Justia Law. Colorado Revised Statutes 30-15-402 – Violations
9
Justia Law. Colorado Revised Statutes 13-21-105
10
FindLaw. Colorado Revised Statutes 18-4-105 – Fourth Degree Arson