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2005-1327-Minutes for Meeting October 12,2005 Recorded 11/22/2005DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL II IIII IIIIIIIIII�IIIIIIIIII III 2 8-1327 RECORDS CLERK Q 7005.1377 1112212005 04;42;12 PM DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. �JTES C wG A ❑ { Deschutes County Board of Commissioners 1130 NW Harriman St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 388-4752 - www.deschutes.orc MINUTES OF DEPARTMENT UPDATE — COUNTY FORESTER DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, OCTOBER 12, 2005 Commissioners' Conference Room - Administration Building - 1300 NW Wall St.., Bend Present were Commissioners Tom De Wolf and Dennis R. Luke; Commissioner Michael M. Daly was out of the office. Also present were Mike Maier, County Administrator; Tom Blust and George Kolb, Road Department; and Joe Stutler, County Forester. No representatives of the media or other citizens were present. A copy of the agenda with pertinent backup information is attached for reference. The meeting began at 1: 30 p. m. Discussion took place regarding a proposed vacant lot and unprotected lands ordinance. The other main topic of discussion was an update of Community Fire Plans. The Commissioners directed Mr. Stutler to set timelines for the proposed options. No formal action was taken by the Board. Being no further items discussed, the meeting ended at 1: 40 p. m. DATED this 12th Day of October 2005 for the Deschutes County Board of Commissioners. ATTEST: (6w,v)� /&dwL—. Recording Secretary Tom DeWolf, Chair iii Atienda Regular Meeting of BOCC & County Forester Wednesday, October 12, 2005, 1:30 p.m. Deschutes Service Center —1300 NW Wall St., Bend 1. Vacant Lot/Defensible Space Ordinance - can provide a synopsis of public testimony and a consensus about the issues; specifically looking for direction from the Board as to whether to proceed. 2. Update on Community Fire Plans — specifically, the Greater La Pine Plan is in Final Draft form — looking for a date in November for a signing ceremony; secondly, we are seeing some updates of the plans and have a "course of direction" in terms of Deschutes County's role in the updates. 3. Other Items. IL Vacant Lot/Defensible Space Options October 12, 2005 After reviewing the public input to this issue from the hearing, emails, phone calls and conversations with property owners in Deschutes County the following options/course of action are available: PROBLEM STATEMENT: Deschutes County must identify fire prevention measures on unprotected lands in the County for both defensible space and vacant lots; and work with the ODF to address the vacant lot issue on private lands protected by the Department. ALTERNATIVES: 1. Deschutes County implements a defensible space/vacant lot ordinance for both the unprotected lands and those lands protected by ODF. This option would essentially make the existing SB -360 null and void in Deschutes County thus negating much of the work completed by ODF. This option would require Deschutes County to assume the leadership role on private lands now protected by ODF. 2. Deschutes County implements a defensible space/vacant lot ordinance for the unprotected lands, and for the privately owned vacant lots protected by ODF which are rated "high" and "extreme" which currently are not covered by SB -360. This has the potential to confuse the private land owners where there is one standard for the "high density extreme" and other standards for the "high" and "extreme" classifications. 3. Deschutes County implements a defensible space/vacant lot ordinance for the unprotected lands. The Board of County Commissioners formally request to ODF that the Deschutes County Classification Committee be re -convened to consider how much more of ODF protection can be considered as "high density extreme." This allows ODF to move forward with the SB -360 program in Deschutes County, and allows the County to address like issues on the unprotected lands where the County has jurisdiction. 4. Deschutes County implements a defensible space/vacant lot ordinance for the unprotected lands. The private land vacant lots in Deschutes County will not be addressed at this time and will await the results by the newly formed ODF group to re-examine the vacant lot issue in Oregon. 5. Deschutes County does not address the defensible space/vacant lot issue for the unprotected lands. The private land vacant lots in Deschutes County will not be addressed at this time and will await the results by the newly formed ODF group to re-examine the vacant lot issue in Oregon. Recommended Action: All of Alternative 3 and a "final" classification of lands in Deschutes County will occur "after" the State-wide effort concludes. MEMORANDUM DATE: September 21, 20051 TO: Deschutes County Commissioners FROM: Joe Stutler, Deschutes County Forester RE: Vacant Lots/Defensible Space in Deschutes County BACKGROUND INFORMATION: In Deschutes County there are approximately 175,000 acres of unprotected private lands. There is no agency responsible for fire protection of either structural improvements or wildland fire fighting on these private lands. In the unprotected lands of Deschutes County, where no formal fire protection is provided, costs now covered by the State of Oregon under the Conflagration Act may soon become costs of the County if proactive fire prevention measures are not taken. In 1997 the Oregon Forestland -Urban Interface Fire Protection Act, more commonly known as "Senate Bill 360" was passed and was designed to address the growing problem of fire in the wildland-urban interface. Deschutes County was one of two counties in Oregon chosen for implementation. Although specifically designed for defensible space around structures on private lands, vacant lots were also addressed but only for those areas identified as "high density extreme." The Deschutes County Classification Committee determined that less than 5% of private lands protected by the Oregon Department of Forestry (ODF) fell into the "high density extreme" category, resulting in more than 95% of the vacant lots not covered by the law. Within the past year two significant events have caused Deschutes County to consider how to address the defensible space and vacant lot issue on unprotected lands, and the vacant lot issue on private lands protected by ODF: The community fire plans developed in Deschutes County have identified hazardous fuels on privately owned vacant lots as a key concern, with high priority given for fuels treatment to protect the adjacent private property owners. 2. In Oregon there is over 6 million acres of unprotected lands, all located on the east side of the Cascade Range. The State of Oregon has an ongoing effort to review current wildland fire protection policies. One specific task of the State Fire Marshal's Office is to examine unprotected lands in Oregon and how the Conflagration Act will serve those areas in the future. The general trend of this study is for the costs of fire protection to be given to the responsible County. If Deschutes County was able to demonstrate through either standards/ordinances for both vacant lots and private property with structures, this mitigation in the form of fire prevention actions would in all likelihood allow resources under the Conflagration Act to respond and the costs covered by the State. Within the last month, the ODF has re -convened a group of private citizens and agency personnel to consider changes to the vacant lot language in SB - 360. The results of that effort will not be known for at least a year. Since 1997 and passage of Senate Bill 360 and the Healthy Forest Restoration Act of 2003, much has changed. Deschutes County has become the fastest growing County in Oregon and one of the fastest growing areas in the United States. Fire adapted ecosystems have evolved due to fire exclusion efforts by the wildland agencies. The Wildland Urban Interface has expanded in exponential fashion and in many cases the structures have become more flammable than the wildland fuels. 80% of the population in Deschutes County was not living in the County during the Aubrey Hall Fire of 1990. The Cities of Bend and Redmond already have instituted vacant lot ordinances, and Deschutes County instituted an ordinance against shake roofs in 2001. Deschutes County Statistics 175, 000 acres of unprotected lands ODF protects 176,000 acres 3,069 acres classified as High Density Extreme 52,919 acres classified as Extreme 10,348 classified as High 74% of land is Federal jurisdiction for wildland fire PROBLEM STATEMENT: Deschutes County must identify fire prevention measures on unprotected lands in the County for both defensible space and vacant lots; and work with the ODF to address the vacant lot issue on private lands protected by the Department. ALTERNATIVES: 1. Deschutes County implements a defensible space/vacant lot ordinance for both the unprotected lands and those lands protected by ODF. This option would essentially make the existing SB -360 null and void in Deschutes County thus negating much of the work completed by ODF. This option would require Deschutes County to assume the leadership role on private lands now protected by ODF. 2. Deschutes County implements a defensible space/vacant lot ordinance for the unprotected lands, and for the privately owned vacant lots protected by ODF which are rated "high" and "extreme" which currently are not covered by SB -360. This has the potential to confuse the private land owners where there is one standard for the "high density extreme" and other standards for the "high" and "extreme" classifications. 3. Deschutes County implements a defensible space/vacant lot ordinance for the unprotected lands. The Board of County Commissioners formally request to ODF that the Deschutes County Classification Committee be re -convened to consider how much more of ODF protection can be considered as "high density extreme." This allows ODF to move forward with the SB -360 program in Deschutes County, and allows the County to address like issues on the unprotected lands where the County has jurisdiction. 4. Deschutes County implements a defensible space/vacant lot ordinance for the unprotected lands. The private land vacant lots in Deschutes County will not be addressed at this time and will await the results by the newly formed ODF group to re-examine the vacant lot issue in Oregon. 5. Deschutes County does not address the defensible space/vacant lot issue for the unprotected lands. The private land vacant lots in Deschutes County will not be addressed at this time and will await the results by the newly formed ODF group to re-examine the vacant lot issue in Oregon. Current "DRAFT" Ordinance Language (1) The purpose of reducing the wildland fire hazard by treating hazardous fuels shall be to protect the property from the spread of wildland fire from other properties; as well as confining any fire on the property by preventing its spread to other properties. (2) Every landowner in the area described with structural improvements will meet the Default Standards of the Oregon Forestland -Urban Interface Fire Protection Act of 1997, ORS 477.015 through ORS 477.061. The Default Standards are as follows: a. Step 1: Establish a 30 -foot primary fuel break around the home, and any other structure on the property. b. Step 2: Determine whether a secondary fuel break is necessary. There are two determining factors, first what is the fire risk classification of the home and second is whether the roofing material is flammable or nonflammable material. c. Step 3: Determine whether it is necessary to create a fuel break around the driveway. If the driveway on the property is shorter than 150 feet, a fuel break does not need to be created. If the driveway is 150 long or longer, a fuel break must be established. d. Steps 4 & 5: Remove any portion of a tree that is within 10 feet of a chimney, and remove all dead vegetative material overhanging the roof or collected on the roof. e. Step 6: Clear flammable material out from beneath decks. f. Step 7: Move firewood and lumber piles at least 30 feet from structures, unless properly protected from adjacent fuels and flying brands during a fire. Properly protected means to provide a woodshed (a structure) that has a roof and walls with protected openings to prevent sparks and brands blowing within. This could mean that doors, windows, properly screen vents. (3) This must be done during the months of fire season (May 15 thru October 1S) (4) Every landowner in the area described shall treat vacant lot property in the following manner: (a) Lot Size, 5 acres or less, the following standard will apply: • Timber Fuel Types: Individual and groups of trees shall be separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is greater. Trees will be pruned to remove ladder fuels up to 3 times the height of the ground vegetation. In all cases dead fuels shall be removed. • Grass and Brush Fuel types: Fuel beds will be mowed or trimmed to a height not greater than 4 inches. Where sparse fuel loading is present i.e. will not sustain fire spread, exemptions will be accepted. • Fuel treatment shall be completed and maintained prior to the beginning of each fire season (May 15 thru October I Si (b) Lot Size, Greater than 5 acres, the following standard will apply: • All Fuel types: A 50 -foot fuel break completely surrounding the property will be constructed utilizing the following standards: o Timber Fuel Types: Individual and groups of trees shall be separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is greater. Trees will. be limbed to remove ladder fuels up to 3 times the height of the ground vegetation. In all cases dead fuels shall be removed. o Grass and Brush Fuel types: Fuel beds will me mowed or trimmed to a height not greater than 4 inches. Where sparse fuel loading is present i.e. will not sustain fire spread, exemptions will be accepted. • The fuel breaks shall be located along the boundaries of the property. Where irregular lot sizes prevent the 50 -foot fuel break construction, exceptions will be accepted. • Fuel treatment shall be completed prior to the beginning of each fire season (May 15 thru October 1St) (c) A violation of this ordinance by any person, firm or corporation shall be a Class A violation as defined by Chapter 1.16 of Deschutes County Code. (d) There will be a "grace" period of this ordinance for one year to allow sufficient time for compliance. (5) Private lands which are industrial in nature i.e. timber production or for other commercial purposes are exempt from this ordinance.