Ordinance #2026-03: First Reading

On display until February 25, 2026, 11:59 PM

Pursuant to the Weld County Home Rule Charter, Ordinance Number 2026-03 published below, was introduced and, on motion duly made and seconded, approved upon first reading on February 9, 2026. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on February 25, 2026. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard.

In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225 prior to the day of the hearing.

Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County website (www.weld.gov). Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov.

Ordinance No. 2026-03

Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 2 Administration of the Weld County Code

Date of Next Reading: February 25, 2026, at 9:00 a.m.

Board of County Commissioners

Weld County, Colorado

Dated: February 11, 2026

Published: February 13, 2026, in the Greeley Tribune

Ordinance Language:

Weld County Code Ordinance 2026-03

In the Matter of Repealing and Reenacting, with Amendments, Chapter 2 Administration of the Weld County Code

Be it ordained by the Board of County Commissioners of the County of Weld, State of Colorado:

Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and

Whereas, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and

Whereas, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein.

Now, therefore, be it ordained by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re‑enacted, with amendments, and the various Chapters are revised to read as follows.

Chapter 2

Administration

ARTICLE XVI Emergency Management

Amend Sec. 2-16-10. Definitions, as follows:

For the purposes of this Article, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section:

Disaster means a severe or prolonged incident which threatens life, property, environment, or critical systems.

Emergency means an incident, natural or human caused, that requires responsive actions to protect life, property, environment, or critical systems.

Emergency epidemic means cases of an illness or condition, communicable or noncommunicable, caused by bioterrorism, pandemic influenza, or novel and highly fatal infectious agents or biological toxins.

Insert the following after EOC:

Mitigation means the sustained action to reduce or eliminate risk to people and property from hazards and their effects.

Insert the following after OEM:

Pandemic influenza means a widespread epidemic of influenza caused by a highly virulent strain of the influenza virus.

Insert the following after PIO:

Preparedness means a continuous cycle of planning, organizing, training, equipping, exercising, evaluating, and taking corrective action.

Prevention means preventing human-caused hazards, from potential natural disasters or terrorist attacks.

Recovery means the short, intermediate, and long-term actions taken to restore community functions, services, vital resources, facilities, programs, continuity of local government services and functions, and infrastructure to the affected area.

Response means the actions taken directly following the onset of an emergency or disaster to provide immediate assistance to maintain life, improve health, and protect property.

Amend Sec. 2-16-20. Statement of purpose and authorization.

Emergencies and disasters can occur at any time within Weld County and any of its municipalities. Local government has the primary responsibility for managing emergency and disaster management activities that reduce or eliminate hazardous events. This includes preparedness, response, and recovery efforts for significant emergencies and disasters. All areas of Weld County are at risk for three (3) types of disasters:

A. Natural disasters. Weld County is at risk from tornadoes, floods, severe storms (e.g., snow, rain, and hail), emergency epidemic, pandemic influenza, urban and wildland fires, and drought.

B. Technological disasters. Weld County is at risk for technological disasters such as power failures, dam failures, hazardous materials incidents along transportation routes or industrial areas, civil unrest, major air and ground transportation accidents and attacks by a foreign enemy or terrorist organization in the form of chemical, biological, or nuclear weapons.

C. Man-made disasters. Possible man-made disasters which could create an emergency response include transportation incidents involving hazardous substances, major air and ground transportation accidents, civil disturbances, terrorists, or bomb threats and conventional, nuclear, biological, or chemical attacks.

In recognition of the risks such as disasters pose to life and property, the Board of Weld County Commissioners had established the Office of Emergency Management (OEM), in accordance with C.R.S. §24-33.5-707, and has appointed a director.

Amend Sec. 2-16-30. Delegation of authority.

As directed by C.R.S §24-33.5-707, the Board of Weld County Commissioners directs and authorizes the director to provide and coordinate emergency and disaster, prevention, preparedness, response, recovery and mitigation services within unincorporated Weld County and among the various municipalities within Weld County. The director is responsible for planning and coordinating local emergency and disaster services. Additionally, the director is tasked with preparing and maintaining a current local comprehensive emergency plan and distributing a clear and complete written statement of the emergency responsibilities of all local agencies and officials and of the emergency and disaster response chain of command to all appropriate officials. The director is further authorized to act as the coordinating official with the Colorado Division of Homeland Security and Emergency Management.

The director shall chair the Local Emergency Planning Committee (LEPC) as approved by the Colorado Emergency Planning Commission.

In accordance with the Emergency Planning and Community Right-to-Know Act (EPCRA), 42 U.S.C. §11022 (Section 301-304, 312), the director, acting as Chair of the Local Emergency Planning Committee (LEPC), shall ensure the collection, maintenance, and availability of Tier II hazardous chemical inventory reports submitted by facilities within Weld County. These reports shall be used to support emergency planning, response, and public information consistent with federal and state law.

Per C.R.S. §29-22-102, the Weld County Board of County Commissioners has designated the director as the Designated Emergency Response Authority (DERA) for all unincorporated Weld County.

The director of OEM shall assign other staff members, both salaried and volunteer, and delegate such powers and duties within the means at his/her disposal as he/she sees proper. The scope of the activities of OEM shall be in accordance with the national standard of emergency management in the areas of preparedness, prevention, response, recovery, and mitigation.

The director of OEM is authorized to order an Incident Management Team (IMT) to provide a command-and-control infrastructure in order to manage the operational, logistical, informational, planning, fiscal, community, political, and safety issues associated with complex incidents.

Add Sec. 2-16-40. OEM Responsibilities.

OEM is responsible for coordinating preparedness and management activity related to disasters and major emergencies within Weld County and shall, in conformity with the rules and regulations provided hereinafter, perform the following:

(1) Develop, revise, and exercise the Weld County Comprehensive Emergency Management Plan and its annexes in coordination with other municipalities and special districts.

(2) Manage the EOC to provide a coordinated response by Weld County to disasters and other emergencies.

(3) Coordinate and collaborate in activities with municipal and private agencies’ emergency management programs.

(4) Sponsor and deliver instruction and training to Weld County personnel, privately owned, or operated logistic support groups to secure unity, balance, and coordination in the emergency management program.

Amend Sec. 2-16-50. Weld County Emergency Operations Center activation and operation.

The Board of Weld County Commissioners directs and authorizes the director to activate the EOC during emergencies or disasters to assist with response and recovery efforts. Activation and operation of the EOC will be in accordance with National Incident Management System principles. The director is authorized to engage both Weld County and external personnel, as necessary, to operate the EOC to the level needed to support emergency, response, and recovery efforts. Resource ordering through the EOC will follow EOC ordering procedures determined by the director. Resources ordered through the EOC must be approved by the director, the Weld County Finance Officer, and the Weld County Controller, or the Director of Administration, in coordination with the designated Finance and Logistics Section Coordinators.

Add Sec. 2-16-60. Disaster and Emergency Declaration.

The director of OEM will inform and update the Board of Weld County Commissioners on the status of emergencies and disasters and, when needed, will recommend the Board of Weld County Commissioners declare a local disaster or emergency.

Amend Sec. 2-16-70. Contracts.

Upon the activation of the EOC, those contracts necessary for the support of EOC and incident command operations shall be approved by the director, the Weld Finance Officer, and the Weld County Controller or the Director of Administration, only if they are within the limits of such contract approval authority delegated to him or her by resolution of the Board of County Commissioners, as authorized in Sec. 5-4-80. Contracts shall be approved and executed pursuant to the procedures and requirements set forth in Sec. 2-1-40.

Amend Sec. 2-16-80. Purchasing rules.

Upon the activation of the EOC, all purchasing rules set forth in Chapter 5, Article IV, Section 10 of this Code shall be followed. The director, the Weld Finance Officer, and the Weld County Controller or the Director of Administration, shall have the authority to approve any purchases that are necessary in order to continue EOC and incident command operations.

Amend Sec. 2-16-90. Press releases.

All press releases concerning issues regarding emergencies or disasters will be coordinated with the OEM and the PIO. Inquiries for information about the response to an emergency or disaster and the activation of the EOC shall be referred to the PIO for response.

Amend Sec. 2-16-100. Reassignment of duties upon EOC activation.

Upon EOC activation, the director may temporarily reassign any County personnel, as a condition of employment, to facilitate the operation of the EOC and to support incident command operations.

Amend Sec. 2-16-110. Emergency and disaster review and after-action report.

Upon deactivation of the EOC after an emergency or disaster, the director shall be responsible for reviewing the incident and submitting an after-action report to the Board of County Commissioners.

Add Sec. 2-16-120. Adoption of 2025 Colorado Wildfire Resiliency Code with amendments.

Pursuant to the requirements of C.R.S. §24-33.5-1237(2)(a), the Board of Weld County Commissioners hereby adopts the 2025 Colorado Wildfire Resiliency Code (“the Code”), found at:

https://drive.google.com/file/d/1bhSESWE9pei6MMsv52VeGtC_WBgD7bVA/view, for the unincorporated area of Weld County not within fire district boundaries, with the following amendments:

A. Delete the entirety of Part 2 of Chapter 1.

B. Delete the entirety of Appendix C.

Because the Board does not have rules and regulations or a cooperative agreement in place for the enforcement of the Code in the unincorporated area of Weld County not within fire district boundaries, the Board will request support from the State of Colorado Department of Public Safety, Division of Fire Prevention and Control (“the Division”), to conduct inspections and enforce the Code in the area to which it applies, pursuant to the Division’s procedures set forth in C.R.S. §24-33.5-1213, as authorized by C.R.S. §24‑33.5-1237(2)(d).

Be it further ordained by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code.

Be it further ordained by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid.