Q May a county fire protection district provide fire protection services to an area more than one (1) mile outside of the boundaries of the district?

A No, Section 19-5-177(1)(k) provides, ďany district created under Sections 19-5-151 through 19-5-207, acting by and through the board of commissioners of such district as its governing authority shall have the following, among other, powers: to extend its services to areas beyond but within one mile of the boundaries of such district; however, no such extension shall be made to areas already occupied by another corporate agency rendering the same service so long as such corporate agency desires to continue to serve such areas. Areas outside of the district desiring to be served which are beyond the one (1) mile limit must be brought into the district by annexation proceedings.Ē If the area is already being served by a volunteer fire department, the fire protection district must first obtain approval of an interlocal agreement in accordance with Section 17-13-1 et. seq. Following the approval of the interlocal agreement, the district may only assist when requested. If the fire protection district wishes to take over fire services for the area, it must be brought into the distict by annexation proceedings. Fire protection district annexations are specifically addressed in Section 19-5-201. In order for an annexation to occur, the procedure for creating a district, as laid out in Sections 19-5-153 through 19-5-159, must be followed, and all costs incident to the publication of notice and all other costs incident to the hearings, election, and proceedings shall be paid by the district. (Attorney Generalís Opinion to Evans, October 14, 2016)