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2009-105-Minutes for Meeting February 11,2009 Recorded 3/11/2009DESCHUTES COUNTY OFFICIAL RE RDS CJ 7ppg•1p~~ NANCY BLANKENSHIP, COUNTY Q3I~lIZOO9 AM COMMISSIONERS' JOURNAL IIIIIII~III III IIIIIIIII IIIIIIII 2009-105 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, FEBRUARY 11, 2009 Present were Commissioners Dennis R. Luke and Alan Unger; Commissioner Tammy Baney was out of the office except for a brief conference call. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; David Inbody, Deputy County Administrator; Anna Johnson, Communications; Joe Studer, Forester; and seven other citizens. Commissioner Unger opened the meeting at 1:35 p.m. 1. Update on Tumalo Irrigation District Plans. Sharon Smith, representing Tumalo Irrigation District, and Elmer McDaniels, District Manager, gave an overview of the status of the 2005 agreement with the County regarding the dedication of a road to provide access to various properties. (She referred to an oversized aerial photograph of the area.) The intention of the agreement was to provide access to all parcels so that they could be developed as appropriate. Land use applications were pursued and ultimately just one went through the process. (See attached letter from Ms. Smith dated February 3, 2009) A total of nine parcels could be possible, plus two for the County, under EFU zoning. At this time, the County's parcel is landlocked. Laurie Craghead said that one appeal on the land use application challenged the fact that the County has an interest in this. She added that the Board is the only decision-making body to handle this, so will have to act as the hearings body if there is a further appeal. The decision can be appealed to LUBA afterwards, however. They will keep the Commissioners informed of future activities. Minutes of Board of Commissioners' Work Session Wednesday, February 11, 2009 Page 1 of 4 Pages 2. Oregon Historical Society Report on Oregon 150 Plans. Kelly Cannon-Miller and Karen Green explained the work that has been done and is being done at the Des Chutes Historical Museum. They then did a PowerPoint presentation on plans for the upcoming Sesquicentennial Celebration (150 years of statehood) for Oregon. The Commissioners discussed funding that might be available to help with this event. It was decided that a maximum of $20,000 would be appropriate, as it is not only an opportunity to increase tourism but can also involve a lot of children. 3. Forester Update. Joe Studer provided an update on the projects handled in 2008 and what to expect for 2009. (See attached copy of his report.) About $2 million in grants is still available for wildfire reduction education and work. Other grants have been requested. He is working with local counties and other agencies to cooperate on these projects. Tom Andrade gave an overview of the status of projects and the responses they have received from the public. Senate Bill 360 addresses reclassification efforts and the need for a Classification Committee. The Committee needs to be reestablished; three need to be appointed by the Board of Commissioners. One of these people must live in the affected area. Ken Lane and George Chesley have been recommended, along with Joe Studer. The Board agreed to these appointments. Kevin Benton of the Oregon Department of Fish & 'Wildlife said that the remainder of FY 2009 revenue would show a shortfall of nearly 4%. The State agency was previously solid, but a shortfall is expected of about 25% since it will be near the end of the biennium. The Governor's recommended budget shows a 10% reduction, which will impact protection programs. Mr. Benton explained how his agency handles wildfire events. 4. Economic Development Grant Requests. • Latino Community Association - Intercultural Festival - Commissioners Unger and Baney each granted $500. • Saving Grace - Divorce Video - no funds were granted. Minutes of Board of Commissioners' Work Session Wednesday, February 11, 2009 Page 2 of 4 Pages Dave Kanner said that discretionary lottery revenue is steadily going down, another result of the depressed economy, and there will not be much available the rest of the year. David Inbody added that he already projected future amounts, but the situation will probably be worse than expected. (A copy of his report is attached.) Requests for grants keep coming in and Mr. Inbody said he needs direction on how to handle them. Commissioner Luke suggested that they suspend granting these funds for a quarter. The next payment from the State is expected in May, and in the meantime, there should be some idea of how the next fiscal year will look. 5. Update of Commissioners' Meetings and Schedules. At this time, Commissioner Baney joined the meeting via conference call. In regard to an upcoming meeting with Sisters. LCDC sent out a list of some suggested questions for people who are attending the meeting. (A copy of information regarding the meeting is attached.) Commissioner Baney is adamantly against doing something to change policy in this manner. Commissioner Unger stated that all counties should protest this because it bypasses the process, and it greatly affects Central Oregon. And there are potential impacts to the Steelhead Recovery Act. Commissioner Baney added that the State might say it will address all of these concerns but it would bypass the public process. The greatest impact of these resorts will be not in Jefferson County, but Sisters. Sisters will have no way to address resultant problems, nor will Deschutes County. Commissioner Unger indicated he would attend the meeting. 6. Other Items. None were offered. Minutes of Board of Commissioners' Work Session Wednesday, February 11, 2009 Page 3 of 4 Pages Being no further items addressed, the meeting adjourned at 4: 00 p.m. DATED this 11th Day of February 2009 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary, Tammy , Chair Dennis R. Luke, Vice Chair Alan Unger, Commissioner Minutes of Board of Commissioners' Work Session Wednesday, February 11, 2009 Page 4 of 4 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, FEBRUARY 11, 2009 1. Update on Tumalo Irrigation District Plans - Sharon Smith 2. Oregon Historical Society Report on Oregon 150 Plans - Kelly Cannon-Miller 3. Forester Update - Joe Stutler 4. Economic Development Grant Requests: • Latino Community Association - Intercultural Festival • Saving Grace - Divorce Video 5. Update of Commissioners' Meetings and Schedules 6. Other Items PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. A- 1~ - zg-ik-~ I q (I I ON h 0 ` 'cn !1 0 LL o. ~ C03 0 . -p E ~ h N ~ v 'Q s S q~ L1. i'A 1 u N ~ C A ) Z H ~ M v ~ 00 ~ O F~ °ocy, ~Dw o r° CC d. P, w w x o x 2 a u IV 0 ti ~ " ~ ~ ~ ~ I ~ 4 L 3 4C •cC0 ~ !n ~ L © Zoo, O ca O %A C E a f G o L Z ` V tt c l (ou ) i a - Neil R. Bryant February 3, 2009 Robert S. Lovlien John A. Berge Via: E-mail and Hand Delivery Sharon R. Smith John D. Sorlie Deschutes County Board of Commissioners Mark G. Reinecke c/o Dave Kanner, Deschutes County Administrator Melissa P. Lande 1300 NW Wall Street Kitri C. Ford Bend, Oregon 97701 Paul J. Taylor Kyle D. Wuepper Re: Tumalo Irrigation District Jeremy M. Green Helen L. Eastwood Peter A. Christoff The following is a summary for discussion at the Work Session. Deschutes County Melinda Thomas owns a 40 acre parcel shown as Tax Lot 1200 on the attached exhibit. This parcel is landlocked, as it has no access to a public road. Tumalo Irrigation District ("TID") owns four nearby parcels and desires to partition them. In order to provide access to 591 S.W. Mill View Way TID's parcels and the County's parcel, TID proposed a dedicated county road as shown Mail: P.O. Box 880 on the attached exhibit. Bend, Oregon 97709 Phone: (541) 382-4331 TID and the County entered into the attached IGA in 2005 that outlines the steps to Fax: (541) 389-3386 dedicate the road, thus providing access to both properties. The IGA provides that the County will agree to dedicate property along its westerly boundary to accomplish a portion of the road dedication. The IGA states that the County has not and will not take WWW.BULAWYERS.COM a position on whether the contemplated land use actions would be approved. In 2006, TID and the County submitted the road dedication application and their respective partition/non-farm dwelling applications. Once opposition to the partitions and road dedication arose, we decided to proceed with one partition and the road dedication and place the others on hold to see how the legal challenges would be resolved. The other applications were later withdrawn due to statutory time limits. The road dedication and a single partition with two conditional use permits for non- farm dwellings on TID's property were approved. Central Oregon Landwatch appealed the approvals to LUBA. LUBA remanded the decision and recently Hearings Officer Briggs upheld the original approval with additional Conditions of Approval. If Central Oregon Landwatch does not appeal the remand decision to LUBA, TID proposes to complete the road dedication and re-file the remaining partitions and non-farm dwelling applications for TID and the County. Sincerely, Sharon R. Smith smithkblj lawyers.com Enclosure: kh 525-041 109.doc f~ i It F E B- 4 2009 BOARD OF COMMISSIONERS ADMl,v;STRATI(IN ~ II ~ I I I I `.._..J i.._ 1.._ 'I I y I I I o i L. PARCEL 1 - 20 Ac. ~ I _ X400 - ~ PARCEL 1 e - II e 400' PARCEL 2 80 Ac. (Gross) ~ 0 20 Ac. I) PARCEL 2 J 1 10.1 Ac. TL 12DO ii~~0 /71400 ; ' dp I'I °o PARCEL 3 I l e7e 10.1 Ac. - -30'--0 I I I o 25: 0 1 M- N 1 36 31 I / TL 100 1I~, III~III III- j ; It UA00 ~ PARCEL 1 1 27 Ac. I j t31 e--700' ii - - - - T PARCEL 2 1 n app F-1, 17 Ac. I--- 700' I \ i i I~ I~ \ Ir L. ._..J 1'=200' DETAIL I TL 300 Q w PARCEL 1 42 Ac. e e ® 1000' 0 300 600 1200 ® PROPOSED BUILDING SITE 555' C/L RAD. / PARCEL 2 r 31 Ac. / ~ ® 1000' / PROPOSED 60' R/W 555 C/L RAD. LL _.._.._..J I I j J .._.._..J ._..J I I If' I I II I ; OQ ~ I ! I ~ I I I r T.._.._.._.._.._.._.. -T- F i i I I i i ~ I I II ~ I I I I I i I ~ II I I ~ I I I I I OESM CHECKEEk WEDAVID -wrt jdp EYMfT wrE 7-26-05 TUMALO MRIGA77ON DISTRICT scua i " = 600' Ec VA N S NON-IRRIGATED EFU PARCEL FLe TIDXO035\ 17OX0035-PARCEL-EXBT dwg AND A SS O C I AT E S I Nc• PARTMON AND ACCESS ROAD ALIGNMENT 708 NW Well Streot, Sul'* 102 FIEVOM Bend, Oregon 97701 (541) 389-7814 ~7W LEGAL COUNSEL INTERGOVERNMENTAL AGREEMENT DATED: /J. zjyj 6~ S/ , 2005 PARTIES: DESCHUTES COUNTY a Political Subdivision State of Oregon ("County") AND TUMALO IRRIGATION DISTRICT an Oregon Irrigation District ("District") RECITALS: A. The County is a political subdivision of the State of Oregon authorized to provide services to its citizens living within its boundaries. B. The District is an irrigation district of the State of Oregon authorized to carry out the purposes of the Irrigation District law, pursuant to ORS 545.221. C. The County and the District have entered into this Agreement pursuant to ORS 190.003 et seq. to carry out their respective responsibilities. D. The District owns the following Properties, as shown on the attached Tax Map, Exhibit A: • Tax Map 16-12-30, Tax Lot 400 • Tax Map 16-11-25, Tax Lot 1100 • Tax Map 16-12-31, Tax Lot 100 • Tax Map 16-12-23, Tax Lot 300 • Tax Map 16-11-00, Tax Lot 10400 • Tax Map 16-11-36D, Tax Lot 100 Page 1 of 4 IGA - Tumalo Irrigation District For Recording Stamp Only E. The County owns property Tax Map 16-11-25, Tax Lot 1200, as shown on attached Tax Map, Exhibit A. The County owned property is a 40 acre parcel which currently has no permitted access to a public road. F. The District desires to partition four of the Properties as shown on the attached Exhibit B. In addition, the District desires to dedicate to the County a road with 60 feet of right of way, also shown on attached Exhibit B, which would provide access to the District properties and would also provide access to the County property. As part of that road dedication, the District would be seeking an emergency access permit from the Oregon Department of Transportation to allow emergency access onto Highway 20, as shown on the attached Exhibit B. If such access is denied or conditioned, the parties will either agree on another approach to accomplish the terms of this Intergovernmental Agreement or this Intergovernmental Agreement will terminate. The District desires to develop and sell the parcels in order to utilize funds to continue its canal piping projects. The County has determined that the County property is surplus and may also desire to sell and utilize the proceeds for other purposes. It is in the County's best interest to participate in the road dedication to provide access to its parcel. Additionally, the County desires to also partition its property into two parcels in order to increase the value of the public's property. AGREEMENT: 1. The County agrees to sign the road dedication land use application for that portion of the County property that would be included in the roadway dedication. The County Administrator is authorized to sign on behalf of the County. The District will bear all responsibility for filing the land use applications for the road dedication and for the partitioning of its property. The County shall have no responsibility for any :Fees associated with the road dedication application. 2. The District will provide to the County for its review and approval a draft Burden of Proof and Application for a partition and conditional use for non-farm dwellings for the County property. The County will only bear the cost associated with the application fees and any engineering costs related to the County property. 3. The District will bear the responsibility of filing and pursuing the land use actions described above at no cost to the County other than as described in paragraph 2. 4. The County has not, and will not take a position on whether the contemplated land use actions will be approved. 5. EFFECTIVE DATE. The effective date of this Agreement is upon execution of this Agreement. Page 2 of 4 IGA - Tumalo Irrigation District 6. NO AGENCY OR PARTNERSHIP 6.1 It is agreed that neither party is acting as an agent of the other party for any purpose, that neither party is carrying out a function on behalf of the other, and that neither party has the right of direction or control of the manner in which the other delivers services under this Agreement nor the right to exercise any control over the activities of the other party. 6.2 Neither party is, by virtue of this Agreement, a partner or joint venture with the other party and neither party shall have any obligation with respect to the other party's debts or liabilities of whatever kind or nature. 7. HEADINGS. The headings of this Agreement are for convenience only and shall not be used to construe or interpret any provisions of this Agreement. 8. INCORPORATION OF RECITALS. The recitals set forth above are hereby incorporated into and made a part of this Agreement. 9. APPLICABLE LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon. 10. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties concerning the subject matter hereof, and supersedes any and all prior or contemporaneous agreements or understandings between the parties, if any, whether written or oral, concerning the subject matter of this Agreement which are not fully expressed herein. This Agreement may not be modified or amended except by a writing; signed by both parties. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. Page 3 of 4 [GA - Tumalo Irrigation District DATED this day of /L , 2005. ATTEST: Recording Secretary TUMALO IRRIGATION DISTRICT ~~n>c~ G~l~D.ti+icLs BY: 5-~Ea ITS: S' c ~y19 q,2 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TOM DEWOLF, CHAIR MICHAE DALY, CJ6MMISSIONER DENNIS R. LU , COMMISSIONER Page 4 of 4 IGA - Tumalo Irrigation District EXHIBIT A MgrR~ 4i; C ca W n fi C ~ q~ s 0 S as :EXHIBIT ! I - I~ 1 I I I I T~ j i III i i ~ ~ ~+I !I 1 1 PARCEL i I 4110 c 20 Am TL 71- PARCEL 1 r7 - - - - - - - - W Am (Grosb) PARCEL 2 iI~ 20 Ac. I PARCEL 2 10.1 Am (L 4w anoD !I i o PARCEL J 10.1 Am ~ BJO-. o 25: N _ 36 I I IL 100 MT IL 10100 / $ P04RC0. 1 1 a 27 Am \ 1 i i i 700'--d \ 1 i ! 25 i ( 30 - - ' -j i i 2M. L - - PARCEL 2 n, Mp \ \ i i 17Ae. - - \ \1 i i 36 I 31 -700 ! \ J L. _ ._..J 1"-200' DETAIL a L IL M 42 Ac. I Afk - 1 PARCEL 1 laoa' 0 300 600 1200 ■ PROPOSED BUILDING SITE / PARCEL 2 _ 0 ~ 555' C/L RAD- 31 Ac. 1000' H ! PROPOSED 60' R/W 1 l I I I I 555' CA RAO. 1 I I I _i_.._ i T- T- 1 I 1 I I I I I j II i i i i ~ i 1U1~tL.RES.. . I II ! 1 I ~ j j 1 ! I1L~7re c21EG~a E7CIIIBIT t7nAwlt jdo OATS 2-26-05 TUMAL0 DMGATION DISTRICT scum 1" = 600' O DAVID EVANS NON-RUIGATEDEFU PARCEL FM 710X0035\110X0035-PARCEL-EX81. dwo ANDASSOCIATES INC• MITITONAND ACCESS ROAD ALIGNMENT fE11Ibt01/b 709 NW Wall 9traat suit* 102 band, oral.. 11701 141) 711.1014 Background for 2/11 work session Westward Oregon! A Sesquicentennial Celebration Presented by the Des Chutes Historical Museum In celebration of Oregon's Sesquicentennial, the Des Chutes Historical Museum will present a two-day celebration designed to give Deschutes County residents a flavor of what life was like in 1859 when Oregon became the 33rd state in the Union. For Deschutes County, permanent human settlement was still nearly 30 years in the future. Native peoples visited this area on their seasonal rounds, and the U.S. Army and the U.S. Army Corps of Engineers were conducting surveys and related troop movements. This activity was vastly different from the permanent pioneer settlements being established in the Willamette Valley. Westward Oregon is designed to show participants Oregon life as it was on both sides of the Cascades during 1859. It will occur on Friday May 29th and Saturday May 30tH Westward Oregon will give participants exciting, hands-on experiences of 1859 Oregon life in two different programs: • Territorial Express Stagecoach Ride Traveling along historic roads between Sisters and Bend, participants can ride in a historic replica stagecoach and re-live travel 1859-style. Pulled by a team of mules, the stagecoach will depart Sisters for Bend on Friday, passing along Sisemore Road and across the historic Tumalo Dam site before stopping at historic Tillicum Ranch for a change of mules, and then proceeding on to Bend and the Historical Museum via O.B. Riley road. On Saturday, the stagecoach will travel from Bend to Sisters along the same route, stopping once again at Tillicum Ranch. Document Reproduces Poorly (Archived) : i • Westward Oregon Encampment ww 41- r '"+n~~ < MII~~ V On both Friday and Saturday, historic Tillicum Ranch will be transformed into a tent encampment, complete with re-enactors and demonstrators who will help participants experience what life was like in an 1859 encampment. On Friday the encampment will host local 4`" through 7t' grade students. On Friday, the encampment will be open to the general public. Encampment re-enactors will represent characters from the cavalry as well as mountain men, fur trappers, pioneer settlers, tradesmen and women, and frontier travelers. Tradesmen will demonstrate a wide variety of pioneer skills, including broom making, soap making, wheelwright, bla.cksmithing, horse-shoeing, tailoring, quilting and cooking. The cavalry will demonstrate the use and maintenance of artillery and armaments as well as the life of a frontier soldier. Visitors to the encampment will learn about the importance of the stagecoach in the settlement of the west, and at mid-day on each day as the stagecoach arrives at Tillicum Ranch participants will be able to watch the stage driver change mule teams and harnesses. The Des Chutes Historical Museum will present this unique sesquicentennial celebration with several partners, including Territorial Express, the Northwest Civil War Council, the Northwest Cavalry Association, and the Bend Metro Parks and Recreation District. We look forward to sharing more details about this exciting sesquicentennial event with the Deschutes County Board of Commissioners at the meeting on February 11, 2009. MEMORANDUM DATE: January 14, 2009 TO: Deschutes County BOCC FROM: Joe Stutler, Deschutes County Forester RE: Senate Bill 360 Update, Ordinance for Unprotected Lands, and Burning Ordinance Historical Perspective: In Deschutes County there are approximately 175,000 acres of unprotected lands. Simply stated these lands have no organized structural or wildland response, the lands are not within a designated fire district and in all cases are immediately adjacent to other jurisdictions. These lands generally are covered by law enforcement and ambulance service districts. These lands are generally north and west of Redmond, west of Bend between Bend and Sisters, all of Alfalfa and lands in eastern Deschutes County but including the communities of Milican, Brothers and Hampton. There are approximately 350 homes located within the unprotected lands. Deschutes County was one of the first counties in Oregon for implementation of Senate Bill 360 which is entitled The Oregon Forestland-Urban Interface Fire Protection Act of 1997. Deschutes County began implementing SB 360 in 2004 on land protected by ODF. Since that time the legislation has been amended to create more flexibility for county classification committees to establish one of three designations; High, Extreme and High Density Extreme, which are adjective ratings for fuel hazards. Additionally vacant lot standards have been modified and treatments along roads/ingress/egress have changed to allow more of a margin of safety for citizens. It is important to note that SB 360 ONLY applies to private lands where ODF has jurisdiction. In Deschutes County that is approximately 176,000 acres and are lands generally from Sunriver south, private lands near Sisters and a small portion of lands west of Bend. To date over 50% of private lands have been voluntarily treated utilizing SB 360 standards. Since the implementation of SB 360 significant accomplishments/events have occurred in Deschutes County: • Seven CWPP's were completed that covers every acre of Deschutes County. An important standard that was adopted was the SB 360 standard for all private lands regardless of jurisdiction. • Expansion of Project Wildfire and FireFree Programs which is now treating over 40,000 cubic yards of defensible space yard debris. • The Cities of Bend and Sisters have significantly expanded yard debris pickup and essentially banned open burning from within the city limits. • Deschutes County held a public meeting regarding a proposed ordinance for the unprotected lands and comments received were almost unanimously in favor of the proposal. Some of the public wanted the ordinance to include all private lands but if Deschutes County enacted an ordinance for lands protected by ODF, the county would then be responsible for the entire SB 360 program which would be cost prohibitive. • A significant increase in the number of wildland and structural fires in the unprotected areas where currently no standards exist for defensible space or regulated burning. Several of these fires came from open burning. • The Bend and Redmond Fire Districts have expressed interest in adopting SB 360 standards within their respective districts if the county passes the same standards. • The Deschutes National Forest and Prineville BLM have completed and will be implementing a Fire for Resource Benefit Plan in eastern Deschutes County thus the strategies will change from a fire suppression perspective resulting in potentially more exposure to private lands in the unprotected lands. • A range land fire protection association has been formed for the Milican, Brothers and Hampton areas to offer some limited wildland suppression capability for the private lands. Proposal: Deschutes County enacts and ordinance for the unprotected lands with the following provisions: 1. Private lands with structural improvement will provide defensible space implementing the same standards as SB 360. 2. Vacant lots with no structural improvements will implement the SB 360 standards. 3. Regulate open burning to be consistent with the remaining agencies within Deschutes County. Private Citizens would be required to utilize a "call-in-number" and only burn on designated burn days. By applying SB 360 standards there are no punitive consequences for non- compliance, thus a voluntary program with heavy emphasis on education. Like SB 360 there would be civil penalties if a wildland fire occurred on private lands and suppression cost would be re-coverable. For open burning, private citizens would be regulated by existing burn days for the respective fire districts and if an open burn did escape control, Deschutes County could bill the responsible party for suppression costs and since there is an existing ordinance, criminal penalties also would apply. The County Forester, in conjunction with the appropriate fire districts would administer the program. Existing SB-360 Standards The Standards under the Oregon Forestland - Urban Interface Fire Protection Act of 1997 (SENATE BILL 360) which will be applied on private lands where structures exist are: • Establish a primary fuel break of 30 feet around structures; • Create fuel breaks around driveways longer than 150 feet; • Remove tree branches within 10 feet of chimneys; • Remove any dead vegetation that overhangs a roof; • Remove flammable materials from under decks and stairways; • Move firewood 20 feet away from structures; For vacant lots, SB 360 requires a minimum fuel break 20 feet around the perimeter of the property and a 20 foot break along the access roads. Specifically I plan to move ahead with a new defensible space ordinance and revised burning ordinance in the next two weeks. The timing is perfect since Deschutes County and ODF will be revising the existing SB-360 classifications for the County and all unprotected lands will be classified at that time with one set of base maps. Senate Bill 360 Update (notes from Tom Andrade, ODF SB-360 Program Manager) We are at the five year mark with SB 360 in Deschutes County. It is time to re- classify, and re-issue certification packs. Specific tasks include: • Joe will brief the BOCC regarding SB 360 and set a date for us to meet with them. • Joe will help guide the process of identifying and selecting Deschutes County classification members. • Tom will contact George Ponte to identify the State Forester representative and Gary Marshall to see if he can continue as the State Fire Marshal representative. A rough timeline is as follows: 0 February 2009 establish classification committee. • Begin classification meetings (estimate three months) • June/July mail public meeting and hearing notices (locations and dates) • July/August; hold meetings (estimate about 6-8 meetings and at least one hearing) • GIS mapping will be handled by Deschutes County GIS • We will develop a new layer using the original classifications (2004) but on a new base which will identify any new developments or housing concentrations. • Joe will contact RFD 1 & 2 to determine if they are interested in applying SB 360 formulas in their protection districts. • Katie Lighthall will actively work with the committee, beginning with securing maps and also with record keeping. • Final committee meeting and vote. • September record finding of fact/order. • October mail cert-packages. Joe Stutler Deschutes County Forester Attachments C/o C.D Z Q C O y co IMM GOD W O OC a W e 6LIM 660 D O `g o ® a c 0 o co g s IN I~ 1 LAM i a coo Ina c oo Lou Chapter 8.XX. HAZARDOUS NATURAL VEGETATIVE FUELS DRAFT DRAFT DRAFT DRAFT 8.XX.010. Definitions. 8.XX.020. Purpose and Intent 8.XX.030 Lands Subject to the Standards 8.XX.040 Standards 8.XX.050 Standard Waivers and Reductions 8.XX.060 Fuel Break Requirements 8.XX.070 Violation Penalty 8.XX.010. Definitions. The following words and phrases, when used in DCC 8.:KX, shall mean the following, unless the context otherwise requires: A. "Developed" means lands which contains a structure. B. "Driveway" means the primary, privately owned vehicle access road that serves a dwelling, which is controlled by the owner of the dwelling, and which is longer than 150 feet. C. "Dwelling" means a structure, or a part of a structure, that is used as a home, as a residence, or as a sleeping place by one or more people who maintain a household in the structure. D. "Fire resistant roofing" means roofing material that has been installed and is maintained to the specifications of the manufacturer and which: 1. Is rated by Underwriter's Laboratory as Class A, Class B, Class C, or is equivalent thereto; or 2. Is metal. E. "Fuel break" means a natural or a human-made area immediately adjacent to a structure or to a driveway, where material capable of allowing a wildfire to spread does not exist or has been cleared, modified, or treated to: 1. Significantly reduce the rate of spread and the intensity of an advancing wildfire; and 2. Create an area in which fire suppression operations may more safely occur. F. "Ladder fuel" means branches, leaves, needles, and other combustible vegetation that may allow a wildfire to spread from lower growing vegetation to higher growing vegetation. G. "Lands" means one or more tax lots. H. "Non-fire resistant roofing" means roofing material that is not fire resistant including, but not limited to, cedar shakes. 1. "Road" means a road over which the public has a right of use that is a matter of public record. J. "Standards" means the actions, efforts, or measures which owners of suburban and urban lands shall take on their property, prior to a wildfire occurrence which originates on the property. K. "Structure" means a permanently sited building, a manufactured home, or a mobile home that is either a dwelling or an accessory building, which occupies at least 500 square feet of ground space, and which has at least one side that is fully covered. L. "Unprotected lands" means those privately owned wildlands in Deschutes County which no wildland, structural or municipality agency provide fire protection. M. "Vacant" " means lands which do not contain a structure. N. "Wildfire" means an uncontrolled wildland fire which is damaging, or is threatening to damage, natural vegetation or structures. 8.XX.020 Purpose and Intent. A. The standards set forth in DCC 8.XX.040 are designed to minimize or mitigate a wildland fire hazard or risk on property which arises due, singly or in combination, to the presence of structures, to the arrangement or accumulation of vegetative fuels, or to the presence of other wildfire hazards. B. It is recognized that owners have a variety of objectives to achieve while applying the standards, including objectives related to aesthetics, dust barriers, fish and wildlife habitat, gardening, soil stabilization, sound barriers, and visual barriers. It is the intent of the standards to allow owners to meet such objectives, provided there is no compromise of the standards needed to mitigate wildfire hazards or risks. C. The standards are considered to be minimum measures which are intended to improve the survivability of structures during a wildfire:, but which will not guarantee survivability. D. To the extent possible, the standards are the same as those required on lands subject to the Oregon Forestland-Urban Interface Fire Protection Act of 1997, ORS 477.015 to 477.061. 8.XX.030 Lands Subject to the Standards. A. Owners of the following lands are not required to comply with the standards set forth in DCC 8.XX.040, however, they are encouraged to review their individual situation and to apply those standards which may be appropriate. 1. Developed lands and vacant lands classified as High, Extreme or High Density Extreme under the Oregon Forestland-Urban Interface Fire Protection Act of 1997. 2. Developed lands and vacant lands which are deemed "unprotected lands" in Deschutes County. B. Owners of the following lands are not required to comply with the standards set forth in DCC 8.XX.040, however, they are encouraged to review their individual situation and to apply those standards which may be appropriate: 1. Developed lands classified as High, Extreme or High Density Extreme under the Oregon Forestland-Urban Interface Fire Protection Act of 1997 which are protected by the Oregon Department of Forestry. 2. Vacant lands classified as High Density Extreme under the Oregon Forestland-Urban Interface Fire Protection Act of 1997 which are protected by the Oregon Department of Forestry. 3. Lands within the city limits of Bend, Redmond La Pine and Sisters. 4. Lands receiving fire protection from a rural fire protection district or from a county service district. 8.XX.040 Standards. A. On developed lands, the landowner shall: 1. Provide and maintain primary fuel breaks which comply with the requirements of DCC 8.XX.060 and which are: a. Immediately adjacent to structures, for a distance of at least 30 feet, or to the property line, whichever is the shortest distance. The distance shall be measured along the slope and from the furthest extension of the structure, including attached carports, decks, or eaves. b. Immediately adjacent to driveways, for a distance of at least ten feet from the centerline of a driveway, or to the property line, whichever is the shortest distance. The distance shall be measured along the slope. Including the driving surface, a fuel break shall result in an open area which is not less than 13% feet in height and 12 feet in width or to the property line, whichever is the shortest distance. 2. Provide and maintain secondary fuel breaks which comply with the requirements of DCC 8.XX.060 and which are immediately adjacent to primary fuel breaks, for the distance necessary to comply with the total fuel break distance specified in DCC 8.XX.040.7, or to the property line, whichever is the shortest distance. The distance shall be measured along the slope and from the furthest extension of the structure, including attached carports, decks, or eaves. 3. Remove any portion of a tree which extends to within 10 feet of the outlet of a structure chimney or a stove pipe; 4. Maintain the portion of any tree which overhangs a structure substantially free of dead plant material; 5. Maintain the area under decks substantially free of firewood, stored flammable building material, leaves, needles, and other flammable material; and 6. During times of the year when wildfire may be a threat, locate firewood, flammable building material, and other similar flammable material: a. At least 20 feet away from a structure; or b. In a fully enclosed space. 7. Total fuel break distance requirements: a. Where lands contain a structure which has fire resistant roofing, a total fuel break distance of 50 feet is required. b. Where lands contain a structure which does not have fire resistant roofing, a total fuel break distance of 100 feet is required. B. On vacant lands less than five acres in size, the landowner shall provide fuel breaks which comply with the requirements of DCC 8.XX.060 and which are immediately adjacent to all: 1. Property lines, for a distance of twenty feet or an adjacent property line, whichever is the shortest distance. The distance shall be measured along the slope; and 2. Roads, for a distance of at least thirty feet from the center of a road, or to the property line, whichever is the shortest distance. The distance shall be measured along the slope. 8.XX.050 Standard Waivers and Reductions. A. The County Forester may, in writing, reduce or waive any standard or requirement of DCC 8.XX if they find that conditions so warrant. Reductions or waivers made under this provision: 1. May be made only after a written request from the owner; 2. Are intended to be few in number; 3. May be approved only where there exists a site specific condition, such as a conflict with the requirements of another code, law, ordinance, or regulation, which does not allow compliance with DCC 8.XX.040. 8.XX.060 Fuel Break Requirements A. The purpose of a fuel break is to: 1. Slow the rate of spread and the intensity of an advancing wildfire; and 2. Create an area in which fire suppression operations may more safely occur. B. A fuel break shall be a natural or a human-made area where material capable of allowing a wildfire to spread: 1. Does not exist; or 2. Has been cleared, modified, or treated in such a way that the rate of spread and the intensity of an advancing wildfire will be :significantly reduced. C. A primary fuel break shall be comprised of one or more of the following: 1. An area of substantially non-flammable ground cover. Examples include asphalt, bare soil, clover, concrete, green grass, ivy, mulches, rock, succulent ground cover, or wildflowers. 2. An area of dry grass which is maintained to an average height of less than four inches. 3. An area of cut grass, leaves, needles, twigs, and other similar flammable materials, provided such materials do not create a continuous fuel bed and are in compliance with the intent of subsections A. and B. of this rule. 4. An area of single specimens or isolated groupings of ornamental shrubbery, native trees, or other plants, provided they are: a. Maintained in a green condition; b. Maintained substantially free of dead plant material; c. Maintained free of ladder fuel; d. Arranged and maintained in such a way that minimizes the possibility a wildfire can spread to adjacent vegetation; and e. In compliance with the intent of subsections (1) and (2) of this rule. D. A secondary fuel break shall be comprised of single specimens or isolated groupings of ornamental shrubbery, native trees, or other plants, provided they are: 1. Maintained in a green condition; 2. Maintained substantially free of dead plant material; 3. Maintained free of ladder fuel; 4. Arranged and maintained in such a way that minimizes the possibility a wildfire can spread to adjacent vegetation; and 5. In compliance with the intent of subsections (1) and (2) of this rule. 8.XX.70 Violation Penalty A. In the event that the owner fails to meet the obligations of Sub-section 8.XX.40 (Standards) and a wildland fire occurs, then the owner shall be liable for the actual costs incurred by Deschutes County if: 1. The fire originates on the owner's property. 2. The ignition or spread of the fire is directly related to the failure to meet the obligations of Sub-section 8.XX.40; and 3. The fire requires action by Deschutes County and the County incurs costs in suppressing the fire. Chapter 8.20. OPEN BURNING DRAFT REVISIONS 1/14/09 8.20.010. Open Burning Prohibited-When. 8.20.020. Burning Permits-Conditions. 8.20.030. Violation-Penalty. 8.20.010. Open Burning Prohibited-When. No person, outside the boundaries of a rural fire protection district or a forest protection district, shall cause or permit to be initiated or maintained on his own property, or cause to be initiated or maintained on the property of another any open burning of commercial waste, demolition material, domestic waste, industrial waste, land clearing debris or field burning from Jew-June 1St through November 1st of each year unless weather conditions require earlier termination of burning, or permit earlier resumption of burning, as determined by the County Fire Defense Board. (Ord. 88-013 §1, 1988; Ord. 84-027 §1, 1984; Ord. 84-009 §1, 1984) During the declared burn seasons, land owners may call the closest Rural Fire District 24 hour burn notification phone number to determine burn day status as determined by the County Fire Defense Board or Rural Fire District. 8.20.020. Burning Permits-Conditions. Notwithstanding DCC 8.20.010, burning permits may be issued by the County Commissioners, or their designees, if all three of the following conditions are met: A. Evidence is presented that the material must be disposed of prior to November 1st, and that no satisfactory alternative to burning is available; B. Appropriate fire-control measures are provided by the permittee as specified by the burning permit to prevent unwanted spread of the fire; C. The appropriate permit is obtained from the State Department of Environmental Quality, if under their jurisdiction. (Ord. 84.027 §2, 1984; Ord. 84.009 §2, 1984) 8.20.030. Violation-Penalty. Violation of DCC 8.20 is a Class A violation. (Ord. 2003-021 §18, 2003; Ord. 84-027 §3, 1984; Ord. 84-009 §3, 1984) Forester Update: Fuels Accomplishment: Approximately 1200 acres treated in 2008 @ a cost of $466/acre; currently we have three contract in place which will treat another 800 acres before July, 740 acres is county owned lands from Sunriver south. Qualified Pool: Last year we had 19 successful bidders and for 2009 we have 35 and prices for treatment continue to be significantly less than a "single market" concept; we expect to proceed with a Notice of Intent to Award for BOCC approval next week. Grants: We still have approximately $2 million of grants awarded to spend against have applied for 2 National Fire Plan Grants for 2009 totally $400,000. We expect to apply for two more FEMA grants, one -for education and prevention for approximately $500,000 and will be exploring the opportunity to add Jefferson and Klamath Counties in with Crook County and in conjunction with Deschutes County taking the lead, will apply for another pre-disaster mitigation grant. Ordinances: I have attached both background information and final drafts of the two ordinances,; The first will cover the unprotected lands in Deschutes County (175,000 acres) with identical standards that ODF is using which is Senate Bill 360 or the Oregon Forestl and -Urban Interface Fire Protection Act of 1997. The second is revision of existing Deschutes County Code for open burning in the unprotected lands. I'm coordinating the Vt readings with legal counsel and expect to have before the BOCC within the next two weeks. Senate Bill 360 re-classification effort and committee recommendations: Tom Andrade from ODF is the lead for implementing SB-360 state wide and will brief the BOCC on status and plans. The decision needed by the BOCC is approval of 3 people to serve on the committee. • Ken Lane, LaPine resident who worked on the original legislation, active with both the Greater La Pine and Upper Deschutes County Coalition CWPP's and well respected voice by the citizens of southern Deschutes County. • George Chesley, a Bend resident who is retired from the Forest Service as the Federal Fire Chief of the Central Oregon Fire Management Service with over 40 years experience most of which is in Central Oregon. George currently serves on the-Pr oject Wildfire Steering Committee is' and remains active with Incident Management Teams throughout the United States. • Joe Stutler, Deschutes County Forester i Project Wildfire Strategic Objective Update - January 2009 Goal 1: Continue to secure finances and support for Project Wildfire partnerships. Objective A. Seek grant opportunities and resources for support. Objective B. Seek private funding resources. Objective C. Continue to maintain local agency support through: 1. membership and partnerships 2. financial support for projects 3. membership involvement Objective D. Identify new funding sources. Goal 2: Maintain public and private balance of membership on the Steering; Committee. Objective A. Replace members with same experience and/or affiliation. Goal 3: Maintain and expand community partnerships. Objective A. Identify new partners and potential expansion areas. Goal 4: Maintain and enhance public awareness of Project Wildfire partnerships, programs and projects. Objective A. Publicly confirm successes in partnerships, programs and projects. Objective B. Include management levels of agency and media partners in outreach. Objective C. Create long term plan of action to increase awareness. Objective D. Consistently report on Project Wildfire. 1. Updates from agencies at regular meetings. 2. Expand leadership at regular meetings. 3. Publish notable successes on website and in press releases. Goal 5: Identify and prioritize a program of work with potential projects. Objective A. Confirm program of work on projects with Steering Committee. Objective B. Implement projects based on resources and support. Objective C. Confirm successes publicly. Goal 6: Implement and revise CWPPs. Objective A. Greater La Pine CWPP Objective B. Sunriver CWPP Objective C. Greater Sisters Country CWPP Objective D. Monitor and track all project accomplishments in all CWPPs. Goal 7: Update and revise Deschutes County All Hazard Mitigation Plan. Objective A. Complete revision .1, O O Cd i.i O o~ 0 0 N b V ~O ~I Pk y a~ 0 v 0 O d v d Z O s CC 0 a rn Q O O by 0 0 bD 0 bD 0 6-0 0 50 0 bQ ti O bQ Cp O O N to bA b1J 0 0 0 0 0 0 0 0~ 0~ 0 ti i ~ dA d cn ~ cad °8 ' 09 -U P, CZ o o o cl bn o orA O cn U) U 4.1 C) Q) N y ic3 'n v bA O v1 In. O co Ix Cr ts 'C5 U O N Q c > u o . b + O O ice " O R$ .0 ~ S- u . .~i Q C~ L F•y ~-I e ~-1 Qr P-q cd V o o to Q o 4.1 a a~ w o y O O U "IZJ a~ ai M o o Q d o d w o i a a O O Q O U v 53 Q c d N N v~ ~ O N d d W Oq ~ • Q1 ~4 f~ Q d W ~ C4 U Q - M V7 V7 V 1 in V) N C~ a col) y i . CC G. w U H w N1 bA bA bA ~ bq F1. ~ O O O O y > U v' w Q) Q 3 ° Q" w °U' a o ~En o In co o cn cn U P, o o cq .a U ' o o a~ M o Q) 0 to a ~ n b:d o v . ~D U U ~ ¢ W o n a d$ ~ cd U O p,. a O ~ ~ cu U O rr L 27 27 ~ ~ ~ ,0 N q 7A . ~ L7 w .G .fir ~ ~a _ E~ •z 1859 iregon Theodore R. Kulongoski, Governor Department of Forestry Central Oregon District Sisters Sub-Unit PO Box 190 Sisters, OR 97759 Phone: (541) 549-2731 FAX: (541) 549-9422 Oregon Forestland /Urban Interface Fire Protection Act 9 . Deschutes County Implementation "STEWARDSHIP IN FORESTRY" Tentative Schedule* February 11, 2009 Meet with the Deschutes County Commissioners Present cooperative agreement to the Commissioners for review and signature. March, 2009 Meet with emergency services managers, county fire board, affected fire departments, Deschutes County Emergency Management. Mid-March, 2009 Convene Deschutes County Classification Committee. Develop GIS mapping support Issue News release for Deschutes County March, 2009 Begin classification process June/July Develop and mail public meeting and hearing schedules Mail notification August Conduct public meetings (estimate four meetings) August/September Conduct public hearing (one hearing) September Finding of Fact and Recording October Certification packages mailed November Phone calls, site visits, assessor training. (i.e. maintenance) * there are news releases, meeting notifications, meeting minutes, GIS coordination processes, county clerk contacts, county assessor meetings, county fire chief briefings, status reports to the commissioners and other supporting mechanisms that are all part of the schedule of events that are not specifically identified. 1* i re se iregon Theodore R. KulongosK Govemor Department of Forestry Central Oregon District Sisters Sub-Unit PO Box 190 Sisters, OR 97759 Phone: (541) 549-6761 FAX: (541) 549-9422 Reducing the Wildland Fire Threat to Homes: Where and How Much? By Jack D. Cohen, PhD. Research Physical Scientist R0* AlowaahJWearch Station Abstract Understanding how ignitions occur is critical for effectively mitigating home fire losses during wildland fires. The threat of life and property losses during wildland fires is a significant issue for Federal, state, and local agencies that have responsibilities involving homes Widdn and adjjacent to wildlands. Agencies have shifted attention to communities adjacent to wildlands through pre-suppression and suppression activities. Research for the Structure Ignition Assessment Niodel (SIAM) that includes modeling, experiments, and case studies, indicates that effective residential fire loss mitigation must focus on the home and its immediate surroundings. This has significant implications for agency policy and specific activities such as hazard mapping and lfuel management. The threat of.life and property losses during wildland fires is a significant issuofarFal state, and local fire and planning agencies who must consider residential development within and adjacent to wildlands. The 199S USDA Forest Service Strategic Assessment of Fire Management (USDA Forest Service 1995) lists five principal fire management issues. One of those issues is the "loss of lives, property, and resources associated with fire in the wildland/uiba . interface." The rep-6rt hither identifies "the management of fire and fuels in the wildlandhnba . interface" as topic for further assessment. More. than -a Forest Service issue, the National Wildlw"rban. Interface Fire Protection Program, a multi-agency endeavor, has been established for over. a decade and is sponsored by the Department of Interior land management agencies, the USDA Forest Service, the National Association of ~tafe Foresters; and the National Fire Protection Association. This program also has an advisory committee associated with the multi-agency National Wildfire Coordinating Group. These examples indicate that the Wildland fire threat to homes significantly influences fire management policies and suggests that this issue has significant economic impacts.through management activities, direct property losses and associated tort claims. The Wildland lire threat to homes is commonly termed the wildland/urban interface (WUI) fire problem. This and similar terms (e.g., wildland/urban intermix) refer to an area or location where a wildland fire can potentially ignite homes. A senior physicist at the Stanford Research 1* Wildland Fire Threat to Homes - Jack Cohen v Page 3 of.9 Institute, C.P. Butler (1974), coined the term "urban-wildland interface" and described this fire problem as follows: "In its simplest terms, the fire interface is any point where the fuel feeding a wildfire changes from natural (wildland) fuel to man-made (urban) fuel....For this to happen, wildland fire must be close enough for its flying brands or flames to contact the flammable parts of the structure." In his definition, Butler provides important references to the characteristics of this problem. He identifies homes ("urban") as potential fuel and indicates that the distance between the wildland fire and the home ("close enough") is an important factor for structure ignition. How close the fire is to a home relates to how much heat the structure will receive. These two factors, the homes and fire proximity, represent the fuel and heat "sides" of the fire triangle, respectively. The fire triangle--fuel, heat, and oxygen--represents the critical factors for combustion. Fires burn and ignitions occur only if a sufficient supply of each factor is present. By characterizing the home as fuel and the heat from flames and firebrands, we can describe a home's ignitability. An understanding of home ignitability provides a basis for reducing potential WUI fire losses in a more effective and efficient manner than current approaches. Ignition and Fire Spread are a Local Process Fire spreads as a continually propagating process, not as a moving mass. Unlike a flash flood or an avalanche where a mass engulfs objects in its path, fire spreads because the locations along the path meet the requirements for combustion. For example, C.P. Butler (1974) provides the following 1848 account by Henry Lewis about pioneers being caught on the Great Plains during a fire. "...When the emigrants are surprised by a prairie fire, they mow down the grass on a patch of land large enough for the wagon, horse, etc., to stand on. They then pile up the grass and light it. The same wind which is sweeping the original fire toward them now drives the second fire away from them. Thus, although they are surrounded by a sea of flames, they are relatively safe. Where the grass is cut, the fire has no fuel and goes no further. In this way, experienced people may escape a terrible fate." It is important to note that the complete success of this technique also relies on their wagons and other goods not igniting and burning from firebrands. This account describes a situation that has similarities with the WUI fire problem. A wildland fire does not spread to homes unless the homes meet the fuel and heat requirements sufficient for ignition and continued combustion. In the prairie fire situation, sufficient fuel was removed (by their escape fire) adjacent to the wagons to prevent burning (and injury) and the wagons were ignition resistant enough to not ignite and burn from firebrands. Similarly, the flammables adjacent to a home can be managed with the home's materials and design chosen to minimize potential firebrand ignitions. This can occur regardless of how intensely or fast spreading other fires are burning. Reducing WUI fire losses must involve a reduction in the flammability of the home (fuel) in relation to its potential severe-case exposure from flames and firebrands (heat). The essential question remains as to how much reduction in flammables (e.g., how much vegetative fuel clearance) must be done relative to the home fuel characteristics to significantly reduce the potential home losses associated with wildland fires. Insights for Reducing Ignitions from Flames Recent research provides insights for determining the vegetation clearance required for reducing home ignitions. Structure ignition modeling, fire experiments, and WUI fire case studies provide Wildland Fire Threat to Homes - Jack Cohen Page 4 of 9 a consistent indication of the fuel and heat required for home ignitions.The Structure Ignition Assessment Model (SIAM) (Cohen 1995) assesses the potential ignitability of a structure related to the WUI fire context. SIAM calculates the amount of heat transferred to a structure from a flame source based on the flame characteristics and the flame distance from a structure. Then, given this thermal exposure, SIAM calculates the amount of time required for the occurrence of wood ignition and flaming (Trap and others 1992). Based on severe-case assumptions of flame radiation and exposure time, SIAM calculations indicate that large wildland flame fronts (e.g., forest crown fires) will not ignite wood surfaces (e.g., the typical variety of exterior wood walls) at distances greater than 40 meters (Cohen and Butler [In press]). Figure 1 illustrates this by displaying the amount of heat a wall would.receive from flames depending on its distance from the fire (the incident radiant heat flux decreases as the distance 'increases). This figure also displays the calculated time required for a wood wall to ignite depending on its distance from a flame front of the given height and width. But the flame's burning time compared to the required ignition time is important. If at some distance. the fire front produces a heat flux sufficient to ignite a wood wall, but the flaming duration is less than that required for ignition, then ignition will not occur. For example, Figure 1 shows that at a distance of 40 meters, the radiant heat flux is less than 20 kilowatts per square meter, which corresponds to a minimum ignition time of greater than 10 minutes. Crown fire experiments in forests and shrublands indicate that the burning duration of these large flames is on the order of one minute at a specific location . This is because these wildland fires depend on the rapid consumption of the fine dead and live vegetation (e.g., forest crown foes). 61. 10: 2 30` A 0 5U` 01s:tartce't6 Fl;" (m efers . Figure 1- SIAM calculates the incident radiant heat flux (energy/unit-area/tiine reaching a surface) and the minimum time for piloted ignition (ignition with a small ignition flame or spark) as a function of distance for the Wildland Fire Threat to Homes - Jack Cohen given flame size. The flame is assumed to be a uniform, parallel plane, black body emitter. Page 5 of 9 Experimental fire studies associated with the International Crown Fire Modeling Experiment (Alexander and others 1998) generally concur with the SIAM calculations. Data were obtained from instrumented wall sections that were placed 10 meters from the forest edge of the crown fire burn plots. Comparisons between SIAM calculations and the observed heat flux data indicate that SIAM overestimates the amount of heat received. For example, the SIAM calculated potential radiant heat flux for an experimental crown fire was 69 kW/sq meter as compared to the measured maximum of 46 kW/sq meter. This is expected since SIAM assumes a uniform and constant heat source and flames are not uniform and constant. Thus, the SIAM calculations in Figure 1 for an arbitrary flame front represent a severe-case estimate of the heat received and the potential for ignition. The distances in Figure 1 represent an upper estimate of the separation required to prevent flame ignitions. Past fire case studies also generally concur with SIAM estimates and the crown fire observations. Analyses of southern California home losses done by the Stanford Research Institute for the 1961 Belair-Brentwood Fire (Howard and others 1973) and by the University of California, Berkeley, for the 1990 Painted Cave Fire (Foote and Gilless 1996) are consistent with SIAM estimates and the experimental crown fire data. Given nonflammable roofs, Stanford Research Institute (Howard and others 1973) found a 95 percent survival with a clearance of 10 to 18 meters and Foote and Gilless (1996) at Berkeley, found 86 percent home survival with a clearance of 10 meters or more. The results of the diverse analytical methods are congruent and consistently indicate that ignitions from flames occur over relatively short distances--tens of meters not hundreds of meters. The severe-case estimate of SIAM indicates distances of 40 meters or less. Experimental wood walls did not ignite at 10 meters when exposed to experimental crown fires. And, case studies found that vegetation clearance of at least 10 meters was associated with a high occurrence of home survival. As previously mentioned, firebrands are also a principal WUI ignition factor. Highly ignitable homes can ignite during wildland fires without fire spreading near the structure. This occurs when firebrands are lofted downwind from fires. The firebrands subsequently collect on and ignite flammable home materials and adjacent flammables. Firebrands that result in ignitions can originate from wildland fires that are at a distance of 1 kilometer or more. For example, during the 1980 Panorama Fire (San Bernardino, CA), the initial firebrand ignitions to homes occurred when the wildland fire was burning in low shrubs approximately one kilometer from the neighborhood. During severe WUI fires, firebrand ignitions are particularly evident for homes with flammable roofs. Often these houses ignite and bum without the surrounding vegetation also burning. This suggests that homes can be more flammable than the surrounding vegetation. For example, during the 1991 Spokane, WA fires, houses with flammable roofs ignited without the adjacent vegetation already burning. Although firebrands may be lofted over considerable distances to ignite homes, a home's materials and design and its adjacent flammables largely determine the firebrand ignition potential. Research Conclusions SIAM modeling, crown fire experiments, and WUI fire case studies show that effective fuel modification for reducing potential WUI fire losses need only occur within a few tens of meters from a home, not hundreds of meters or more from a home. This research indicates that home Wildland Fire Threat to Homes - Jack Cohen Page 6 of 9 losses can be effectively reduced by focusing mitigation efforts on the structure and its immediate surroundings. Those characteristics of a structure's materials and design and the surrounding flammables that determine the potential for a home to ignite during wildland fires (or any fires outside the home) will, hereafter, be referred to as home ignitability. The evidence suggests that wildland fuel reduction for reducing home losses may be inefficient and ineffective. Inefficient because wildland fuel reduction for several hundred meters or more around homes is greater than necessary for reducing ignitions from flames. Ineffective because it does not sufficiently reduce firebrand ignitions. To be effective, given no modification of home ignition characteristics, wildland vegetation management would have to significantly reduce firebrand production and potentially extend for several kilometers away from homes. Management Implications These research conclusions redefine the WUI fire problem as a home ignitability issue largely independent of wildland fuel management issues. Consequently, this description has significant implications for the necessary actions and accompanying economic considerations for fire agencies. One aspect of the USDA Forest Service approach to reducing their WUI fire problem is to determine where the problem is and-focus fuel management activities in those areas. The Strategic Assessment of Fire Management (1995) states: "...The Forest Service should manage National Forest lands to mitigate hazards and enhance the ability to control fires in the wildland/urban interface. The risk of wildland fire to communities can be lessened by reducing hazards on Forest Service lands adjacent to built-up areas....Broad-scale assessment processes for the next generation of forest plans should identify high risk areas related to the wildland/urban interface....The highest risk areas within the United States should be identified and mitigation efforts directed to these locations." The Strategic Assessment describes a costly, intensive and extensive WUI hazard mapping and mitigation effort specifically for reducing home fire losses. As described, this approach is not necessary. The congruence of research findings from different analytical methods suggests that home ignitability is the principal cause of home losses during wildland fires. Any WUI home fire loss assessment method that does not account for home ignitability will be critically under specified and likely unreliable. Thus, land classification and mapping related to potential home loss must assess home ignitability. Home ignitability also dictates that effective mitigating actions focus on the home and its immediate surroundings rather than on extensive wildland fuel management. Because homeowners typically assert their authority for the home and its immediate surroundings, the responsibility for effectively reducing home ignitability can only reside with the property owner rather than wildland agencies. The next sections further address the management implications related to WUI hazard mapping, fuel reduction, and responsibilities. Mapping Home Loss Potential As stated, the evidence indicates that home ignitions depend on the home materials and design and only those flammables within a few tens of meters of the home (home ignitability). The Wildland fuel characteristics beyond the home site have little if any significance to WUI home c Wildland Fire Threat to Homes - Jack Cohen Page 7 of 9 fire losses. Thus, the wildland fire threat to homes is better defined by home ignitability, an ignition and combustion consideration, than by the location and behavior of potential wildland fires. This has implications for identifying WUI fire problem areas and suggests that the geographical implication of the term "wildland/urban interface" as a general area or zone misrepresents the physical nature of the wildland fire threat to homes. The wildland fire threat to homes is not where it happens related to wildlands (a location), but how it happens related to home ignitability (the combustion process). Therefore, to reliably map WUI home fire loss potential, home ignitability must be the principal mapping characteristic. Wildland Fuel Hazard Reduction Extensive wildland vegetation management does not effectively change home ignitability. This should not imply that wildland vegetation management is without a purpose and should not occur for other reasons. However, it does imply the imperative to separate the problem of the wildland fire threat to homes from the problem of ecosystem sustainability due to changes in wildland fuels. For example, a WUI area could be a high priority for extensive vegetation management due to high aesthetic, watershed, erosion, or other values, but not for reducing potential home fire losses. Vegetation management strategies would likely be different without including the WUI home fire loss issue. It also suggests that given a low level of home ignitability (reduced wildland fire threat to homes), fire use opportunities for sustaining ecosystems may increase in and around WUI locations. WUI Home Loss Responsibility Home ignitability implies that homeowners have the ultimate responsibility for WUI home fire loss potential. As shown, the ignition and flammability characteristics of a structure and its immediate surroundings determine the home fire loss potential. Thus, the home should not be considered a victim of wildland fire, but rather a potential participant in the continuation of the wildland fire. Home ignitability, i.e., the potential for WUI home fire loss, is the homeowner's choice and responsibility. However, public and management perceptions may impede homeowners from taking principal responsibility. For example, the Federal Wildland Fire Management, Policy and Program Review (1995) observes, "There is a widespread misconception by elected officials, agency managers, and the public that wildland/urban interface protection is solely a fire service concern." In a Journal of Forestry article, Beebe and Omi (1993) concur, stating that, "Public reaction to wildfire suggests that many Americans want competent professionals to manage fire flawlessly, reducing the risks to life, property, and public lands to nil." These statements agree with Bradshaw's (1988) description of the societal roles in the WUI problem. He observes that homeowners expect that fire protection will be provided by others. Contrary to these expectations for fire protection, the fire services have neither the resources for effectively protecting highly ignitable homes during severe WUI fires, nor the authority to reduce home ignitability. An Alternative Home ignitability ultimately implies the necessity for a change in the relationship between homeowners and the fire services. Instead of pre-suppression and fire protection responsibilities Wildland Fire Threat to Homes -Jack Cohen Page 8 of S residing with fire agencies, homeowners take the principal responsibility for assuring adequately low home ignitability. The fire services become a community partner providing homeowners with technical assistance as well as fire response in a strategy of assisted and managed community self-sufficiency (Cohen and. Saveland 1997). For success, this perspective must be shared and implemented equally by homeowners and the fire services. Literature Cited Alexander, M.E.; Stocks; B.J.; Wotton, B.M.; Flannigan, M.D.; Todd, J.B.; Butler, B.W.; Lanoville, R.A. 1998. The international crown fire modelling experiment: an overview and progress report. In: Proceedings of the second symposium on fire and forest meteorology; 1998 January 12-14; Phoenix, AZ. Boston, MA: American Meteorological Society; 20-23. Beebe, Grant S.; Omi, Philip N. 1993. Wildland burning: the perception of risk. Journal of Forestry 91(9): 19-24. Bradshaw, William G. 1988. Fire protection in the urban/wildland interface: who plays what role? Fire Technology 24(3): 195-203. Butler, C.P. 1974. The urban/wildland fire interface. In: Proceedings of Western states section/Combustion Institute papers, vol. 74, no. 15;1974 May 6-7; Spokane, WA. Pullman, WA: Washington State Univ.; 1-17. Cohen, Jack D. 1995. Structure ignition assessment model (SIAM). In: Weise, David R.; Martin, Robert E., technical coordinators. Proceedings of the Biswell symposium: fire issues and solutions in urban interface and wildland ecosystems. 1994 February 15-17; Walnut Creek, CA. Gen. Tech. Rep. PSW-GTR-158. Albany, CA: Pacific Southwest Research Station, Forest Service, U.S. Department of Agriculture; 85-92. Cohen, Jack D.; Butler, Bret W. [In press]. Modeling potential ignitions from flame radiation exposure with implications for wildland/urban interface fire management. In: Proceedings of the 13th conference on fire and forest meteorology. 1996 October:)-7-31; Lome, Victoria, Australia. Fairfield, WA: International Association of Wildland Fire. Cohen, Jack; Saveland, Jim. 1997. Structure Ignition Assessment Can Help Reduce Fire Damages in the W-UI. Fire Management Notes 57(4): 19-23. Foote, Ethan I.D.; Gilless, J. Keith. 1996. Structural survival. In: Slaughter, Rodney, ed. California's I-zone. Sacramento, CA: CFESTES; 112-121. Howard, Ronald A.; North, D. Warner; Offensend, Fred L.; Smart, Charles N. 1973. Decision analysis of fire protection strategy for the Santa Monica mountains: an initial assessment. Menlo Park, CA: Stanford Research Institute. 159 p. Tran, Hao C.; Cohen, Jack D.; Chase, Richard A. 1992. Modeling ignition of structures in wildland/urban interface fires. In: Proceedings of the 1 st international fire and materials conference; 1992 September 24-25; Arlington, VA. London, UK: Inter Science Communications Limited; 253-262. Wildland Fire Threat to Homes - Jack C Page 9 of 9 ohen USDA. 1995. Strategic assessment of fire management in the USDA Forest Service. 1995 January 13. Washington, DC: U.S. Forest Service, Department of Agriculture; 31 p. USDIMSDA.1995. Federal wildland fire management: policy & review. 1995 December 18. Washington, DC: Department of the Interior and Department of Agriculture; 45 p. Back to Fire Alert Page a Examination of the Home Destruction in Los Alamos Associated with the Cerro Grande Fire July 10, 2000 Jack D. Cohen Research Physical Scientist USDA Forest Service, Rocky Mountain Research Station Fire Sciences Laboratory Missoula, Montana I arrived at Los Alamos on May 14, 2000 to conduct an examination of the home destruction associated with the Cerro Grande Fire. My examination occurred between the afternoon of 5/14 and late afternoon on 5/16. I had contact with the southern command post incident management team, the Los Alamos Fire Department, and the Santa Fe National Forest. The homes were destroyed as the main body of the Cerro Grande Fire burned past Los Alamos to the north-northeast and then toward the northeast between about 1700 on 5110 to the early morning hours of 5111. About 200 single and multi-family structures were tota:.ly destroyed or irreparably damaged. Although fire suppression actions saved homes, the high igrutability of most of the residential area allowed numerous simultaneous house fires that quickly overwhelmed the suppression forces. 1) Although the Cerro Grande Fire burned as an intense, continuously spreading crown fire (fire spread through the tree canopy) in certain areas, within several hundred yards or more of the Los Alamos residential area it burned as a surface fire-an under burn. The pictures show tree canopies that were variably scorched but not consumed next to totally destroyed homes. rr q Photo 1-The crown fire burned on the ridge (mid-picture) west of Los Alamos. 1 Photo 2-The fire burned only in surface fuels as it came from the wild land in the background toward the residential area. The wild land fire commonly burned through continuous fuels to encounter and burn through heavier residential fuels such as woodpiles (bottom right), flammable shrubs, heavy pine needle beds, and homes. Photo 3-Within the residential area, separated by several streets from the wild land, the fire generally burned as an under-burn with scorched but unconsumed tree canopies. The surface under the trees in the foreground did not burn, but the house to the left was totally destroyed. 2) Commonly homes were totally destroyed with the tree canopies leading up to and adjacent to the structures remaining unconsumed. The canopy consumption that occurred adjacent to and downwind from homes occurred from burning homes. With the exception of two local and limited areas where crown fire occurred adjacent to the residential area, a surface fire spread into Los Alamos. The unconsumed vegetation surrounding destroyed homes indicates that these homes were exposed to a low intensity surface fire, not a high intensity crown fire. Many of the homes destroyed, particularly 2 the 4-plexes on the northwest side (Photo 6), occurred from structure-to-structure spread (communication with Steve Coburn, LAFD). In general, the intense wildfire burned past the residential area to the west and north of Los Alamos. Scattered islands of destroyed homes at the community margin suggest low firebrand exposures and low spotting potential during the late night and morning hours during which much of the residential area burned. Photo 4-The unconsumed, moderately scorched tree canopy along with the remaining wood rail fence indicate that this home was exposed to a low intensity surface fire. The high intensity wildfire burned on the hills in the background. Photo 5-This totally destroyed home was within the residential area. A road separated it from other burning vegetation and homes. The unconsumed vegetation with little scorch indicates that the fire intensity surrounding the home was low. This suggests that firebrands (burning embers from other fires) ignited the home directly and/or in adjacent flammable materials that spread to the home. Photo 6-Significant structure-to-structure fire spread occurred from flames and firebrands in an area of multifamily residences. The unconsumed vegetation surrounding the corridor of destruction indicates that the high fire intensities were due to the burning structures. 3) My examination suggests that the abundance and ubiquity of pine needles, dead leaves, cured vegetation, flammable shrubs, wood piles, etc. adjacent to, touching and or covering the homes principally contributed to the residential losses. Discussion with the Los Alamos FD indicated that few wood roofs existed and thus were not a significant factor. In many areas of home destruction a continuous ponderosa pine (Pinus ponderosa) canopy existed within the residential area. This produced a continuous pine needle fuel bed to the homes as well as pine needles deposited on the homes (roofs and gutters). An examination of surviving homes in areas of home destruction indicated that a low intensity surface fire in pine needles could burn to a home and ignite its wood siding. In several cases, a scratch line that removed pine needles from the base of a wood wall kept the house from igniting. Firebrand ignitions likely started fires in these pine needle fuels in areas within the community that were separated by streets. Y r ~ ~ r ;,ifs Photo 7-The tree canopy, shrubs, pine needle bed, and woodpile adjacent to and touching this Los Alamos home represents a common situation. 4 Photo 8-The surrounding ponderosa pine canopy deposited pine needles on this roof. The roof surface fire burned the needles without igniting the roof. The roofcovering types were "built-up " gravel and composition shingle. The house did not have gutters to accumulate needles, potentially ignite and thereby ignite the eave edge. Although the neighboring home was totally destroyed (in the background) the tree canopies did not burn. The roof pine needle fire likely ignited from firebrands generated by the burning home next door. 4) That portion of the Cerro Grande Fire that burned into the community generally spread as a relatively low intensity surface fire, not as a high intensity crown fire. Homes ignited and burned from wildfire flames and firebrands that did not burn tree canopies and other vegetation in the same area. Photo 9- This is the Pueblo Canyon area looking southwest toward / - Ridgeway Road (within the yellow rectangle) with North Road visible towards the bottom of the photo. The Cerro Grande Fire burned as a crown fire on the slope in the background but as a surface fire in the foreground. Close inspection reveals torched trees within the yellow rectangle. .o- Photo 10-This is a portion of the area within the yellow rectangle shown in the previous photo. The trees burned from the burning homes. The homes ignited from the low intensity surface fire and adjacent burning homes. 6 .x 4 r t IL I ~r 1 I .I' t . I ~S 04 + I W~ ~ i i u F .;..sg ~ µ .a ; I ,i: J x 3 ~nA A IMF PROCESS OF CLASSIFYING THE FORESTLAND-URIBAN INTERFACE BY THE CLASSIFICATION COMMITTEE The five-person classification committee's task is to identify and classify the lands within the county that will be subject to the provisions of the Oregon Forestland-Urban Fire Frotection Act (SB360). The classification committee includes three persons appointed by the county board of commissioner (one being a forest interface landowner), an appointee of the state forester, and an appointee of the state fire marshal. Step 1: Identify the Forestland-Urban Interface The Act defines the "forestland-urban interface" as a geographic area of forestland inside a forest protection district where there exists a concentration of structures in an urban or suburban setting. The committee is to identify those lands that meet ALL of the following criteria: • Are within the county • Are within the forest protection district boundary • Meet the definition of forestland in ORS 477.001, and "Forest/and"means anywood/and, brushland, timberland, grazing land or clearing that, during any time of the year, contains enough forest growth, slashing or vegetation to constitute, in the judgment of the forester, a fire hazard, regardless of how the land is zoned or taxgd. As used in this subsection, "clearing" means any grassland, improved area, lake, meadow, mechanically or - manually cleared area, road, rocky area, stream or other similar forestland opening that is surrounded by or contiguous to forestland and that has been included in areas classed as forestland under ORS 526.305 to 526.370. Meet the definition of suburban or urban o "Urban" means a geographic area that includes lands within a city limit and/or within an urban growth boundar y. o "Suburban" means a geographic area which ' includes one or more of the following: o Lands where a concentration of structures exists; o "Concentration of structures" means dwellings in a density of four or more per quarter of a quarter rte, section (an area approximately 40 acres in size), as determined b th P bli L d S U G B y e u c an urvey o Lands on which current zoning allows a [mp roved Lots concentration of structures; or Taxlots o Included rural lands. R oa ds o "Included rural lands" means rural lands that Initia l Ass ess me nt the committee considers as to be in the same C on ce ntratio n geographic area as suburban lands. For clarity, Urban the committee is to use natural features, human- Zon ed to Allow C on ce ntration made land features ublic land curve lines and p y , ® Example Boundary political boundary lines to describe the boundary. The amount of included rural lands identified for classification as suburban is to be kept to a Figure 1. Example identification of minimum. forestland-urban interface Step 2: Classify the Forestland-Urban Merface I The committee will classify the forestland-urban interface by determining hazard factors for weather, slope and natural vegetation. The committee will use the table below to assign the classification to a geographic area. Wildfire Weather Hazard Factor Value: All of Jackson and Deschutes Counties are a 3. Topographic Hazard Factor Value: • 25% or less is a 1 ® Greater than 25% is a 2 Natural Vegetative Fuel Hazard Factor Value: Determined by using fire behavior fuel models and/or potential flame length. Fuel Hazard Fuel Model Fire Characteristics Factor Typically produces a flame length of up to 5 feet, a 1 Low/less flammable brush (5) wildfire which exhibits very little spotting, torching, or and short-needle timber litter (8) crowning, and which results in a burned area that can normal) be entered within 15 minutes. Typically produces a flame length of 5 to 8 feet, a Moderate brush, conifer wildfire which exhibits sporadic spotting, torching, or 2 reproduction, open sage and crowning, and which results in a burned area that can juniper (6) normal) be entered within one hour. Typically produces a flame length of over 8 feet, a Grasses (1,2,3), wildfire that exhibits frequent spotting, torching, or 3 heavy/flammable brush (4), and crowning, and which results in a burned area that mature timber with slash (10) normally cannot be entered for over one hour. CLASSIFICATION OF FORESTLAND-URBAN INTERFACE LANDS Step : Classify any High Density Extreme lands High Density Extreme are those lands where the combination of an Extreme hazard classification and a high density of dwellings poses an enhanced threat to life safety and where vegetation modification around structures alone may not be sufficient to help protect lives during a wildfire. Lands classified as high density extreme must meet all of the following criteria: • The lands have been classified by a committee as Extreme based on the hazard factors; • The lands have a current zoning for residential development; • The lands contain fuels which, if not modified or treated, will result in a wildfire having a significant rate of spread and intensity; • The lands have: o An average tax lot size of less than three acres; or o A typical tax lot configuration which prevents the establishment of a 30 feet wide fuel break adjacent to structures; • The lands lack: o Safety zones; or o Effective vehicle egress which may hamper the safe evacuation of dwellings during a wildfire. Step 4: Public notice and hearinas The Committee will first adopt preliminary classification assignments. They are then required to notify landowners of their preliminary classification through newspapers, postings in public places, and mailers to owners of property within the preliminary classifications. The notices of the preliminary classification assignments will state the time and the place for hearing for receiving objections, remonstrances or suggestions to the proposed classification assignments. The Committee will hold a public hearing, at the time and at the place stated in the notice of preliminary classification assignments, to receive objections, remonstrances or suggestions relating to the proposed classification. The Committee may make such changes in the preliminary classification assignments, as it finds to be proper, and may hold additional hearings on the preliminary classification assignments, before making final classification assignments. 3 V , Step 5: Final order All committee action classifying forestland-urban interface property shall be by formal written order. The formal written orders, classifying forestland-urban interface property, will include: • a statement of findings of fact of the basis on which the order was made, and • a map showing the classifications made. The formal written orders will be immediately filed with the county clerk, certified by the secretary, and sent to the Board of Forestry. The secretary shall accept service of any notice of appeal, filed by an aggrieved owner of land classified by the Committee, within 30 days of the formal written order being filed with the county clerk. 4 Oregon Forestland-Urban Interface Fire Protection Act of 1997 (SB 360) . Excerpted from Chapter 477, Fire Protection of Forests and Vegetation, Oregon Revised Statutes, 1999 edition URBAN INTERFACE FIRE PROTECTION 477.015 Definitions. - (1) As used in ORS 477.015 to 477.061, unless the context otherwise requires, "forestland-urban interface" means a geographic area of forestland inside a forest protection district where there exists a concentration of structures in an urban or suburban setting. (2) As used in ORS 477.015 to 477.057, unless the context requires otherwise: (a) "Committee" means a county forestland-urban interface classification committee. (b) "Governing body" means the board of county commissioners or county court of a county, as the case may be. [1997 c.429 ss.3,81 477.016 11963 e.107 s.8; amended by 1965 c.253 s.72; renumbered 477.3001 477.017 Legislative findings, policy and purpose. (1) The Legislative Assembly finds that: (a) The forestland-urban interface situation in Oregon is a result of both past and present conditions and that, given projected trends, the forestland-urban interface situation will continue to grow. (b) Urban and suburban structures, real property and other natural resources within a forestland- urban interface are subject to increased risks of catastrophic damage by fire events. (c) There is greater complexity in forestland-urban interface fire protection than in either resource land fire protection or urban structural fire protection. (d) In dealing with the forestland-urban interface situation, major and long term solutions will involve local actions and efforts by property owners. (e) One solution or set of solutions will not fit all situations or areas of the state. (2) The Legislative Assembly declares that: (a) In order to ensure the protection of human life, the safety of citizens and fire service personnel and the highest possible level of livability in Oregon, it is necessary to provide a complete and coordinated fire protection system within the forestland-urban interface in Oregon. (b) All forestland-urban interface property owners have a basic responsibility to share in this complete and coordinated protection system by providing efforts against fire. (c) Public and property owner education and awareness is critical to forestland-urban interface solutions and must occur at multiple levels. (d) In administration of ORS 477.015 to 477.061, it is the intent of the Legislative Assembly that property owners who will be affected by ORS 477.015 to 477.061 will be: (A) Involved in the processes of development of administrative rules pursuant to ORS 477.015 to 477.061; and (B) Notified of the outcomes of classification pursuant to ORS 477.015 to 477.057. (3) The purpose of ORS 477.015 to 477.061 is to: Page 1 of 22 -i. (a) Provide a forestland-urban interface fire protection system in Oregon that minimizes cost and risk while maximizing effectiveness and efficiency for protection of the values at risk from fire. (b) Promote and encourage property owner efforts to minimize and mitigate fire hazards and risks within the forestland-urban interface. (c) Promote and encourage the involvement and interaction of all levels of government and the private sector that have a direct or indirect interest and role in the forestland-urban interface situation over the long term. [1997 c.429 ss.4,5,71 477.020 [1959 e.408 ss.1,2,3,4,5; repealed by 1965 c.253 s.1531 477.022 [1953 c.372 s.1; 1961 c.603 s.2; renumbered 477.0051 477.023 Fire protection system; integration with existing laws. (1) The forestland-urban interface in Oregon represents a unique fire protection situation that requires that unique and special measures be taken to ensure adequate public safety and protection of property, development and natural resources. Therefore, it is declared to be the public policy of the State of Oregon to encourage and provide a complete and coordinated forestland-urban interface fire protection system. (2) (a) It is recognized that forestland-urban interface areas are already subject to other laws and to regulations of other agencies. It is the intent of ORS 477.015 to 477.061 to integrate with and not replace those other laws and regulations. (b) In the event of an apparent conflict between the obligations imposed by ORS 477.015 to 477.061 and by other laws or regulations for which the forester is responsible and has jurisdiction, the forester shall resolve the conflict within the scope of the forester's authority. (c) In the event of an apparent conflict, the obligations imposed by ORS 477.015 to 477.061 shall not supersede or replace federal law or regulation, other state agency law or regulations, or more restrictive local government ordinance or code. (d) Compliance with the obligations imposed by ORS 477.015 to 477.061 does not relieve the property owner of the requirements of other laws or regulations that might apply to the property in question. (3) To encourage development of a complete and coordinated forestland-urban interface fire protection system, it is declared to be in the public interest that the State Board of Forestry and the State Forester take a lead role in statewide coordination of the forestland-urban interface situation with other state and federal agencies, local governments and private sector interests that are concerned with fire protection in the forestland-urban interface. 11997 c.429 s.61 477.024 [1953 c.372 s.3; 1955 c.318 s.1; 1965 c.253 s.57; renumbered 477.2101 477.025 Classification of lands to reflect different protection problems. The Legislative Assembly recognizes that the forestland-urban interface in Oregon varies by condition, situation, fire hazard and risk, that different forestland-urban interface fire protection problems exist across the state because of this variability, that these different problems necessitate varied fire prevention and protection practices and that, in order to give recognition to such differences and their effect on the accomplishment of the public policy stated in ORS 477.023, certain classifications of the forestland-urban interface within the State of Oregon are established by ORS 477.027 to 477.057. 11997 c.429 s.91 477.026 [1953 c.372 s.4; 1965 c.253 s.59; renumbered 477.2251 477.027 Rules for classification of lands. By administrative rule, the State Board of Forestry shall establish criteria and a system by which the forestland-urban interface shall be classified. The criteria shall recognize differences across the state in fire Page 2 of 22 hazard, fire risk and structural characteristics within the forestland-urban interface and the system shall include not less than three nor more than five classes of forestland-urban interface. [1997 c.429 s.10] 477.028 [1953 c.372 s.5; 1957 c.83 s.6; 1959 c.363 s.3; 1963 c.107 s.1; repealed by 1965 c.253 s.153] 477.029 Local land classification committee; members; officers. (1) The governing body of each county containing forestland-urban interface may establish a county forestland-urban interface classification committee of five persons of whom one shall be appointed by the State Forester, one by the State Fire Marshal and three by the governing body. Of the members appointed by the governing body, one must be an owner of forestland-urban interface property who permanently resides on the property or a representative thereof. Each appointing authority shall file with the forester the name of its appointee or appointees, and the persons so named shall constitute the committee for the county. Each member of the committee at all times is subject to replacement by the appointing authority, effective upon the filing with the forester by that authority of written notice of removal and the name of the new appointee. (2) The committee shall elect from among its members a chair and a secretary and may elect or employ other officers, agents and employees as it finds advisable. It shall adopt rules governing its organization and proceedings and the performance of its duties, and shall keep written minutes of all its meetings. A quorum of the committee for official actions shall be four or more members present. (3) The governing body of the county may provide for the committee and its employees such accommodations and supplies and such county funds not otherwise appropriated as the governing body finds necessary for the proper performance of the committee's functions. The members of the committee shall receive no compensation for their services, but the governing body may reimburse them for their actual and necessary travel and other expenses incurred in the performance of their duties. By written agreement between the State Forester and the governing body, the State Forestry Department may provide the functions or be responsible for the expenses referred to in this subsection. (4) In the interest of efficiency, by written agreement between the State Forester and the governing body, if a forestland classification committee is established and active within a county pursuant to ORS 526.305 to 526.340, that committee may serve as the county forestland-urban interface classification committee established by subsection (1) of this section. In the event that this agreement is made, the State Forester and the governing body shall ensure that either: (a) A State Fire Marshal appointee and a forestland-urban interface property owner who permanently resides on the property or a representative thereof are added to the existing forestland classification committee to bring the total number of committee members to seven; or (b) The State Fire Marshal approves of the current membership of the forestland classification committee and the committee includes a forestland-urban interface property owner who permanently resides on the property or a representative thereof. [1997 c.429 s.111 477.030 [1953 c.372 s.6; 1959 c.363 s.4; 1965 c.253 s.60; 1965 c.312 s.1; renumbered 477.230] 477.031 Duties of committee. (1) Upon establishment of a county forestland-urban interface classification committee under ORS 477.029, the committee shall investigate and study all forestland-urban interface within its county and determine which classifications of forestland-urban interface are represented according to the classification system developed pursuant to ORS 477.027. (2) Upon the basis of its investigation and determination under subsection (1) of this section, the committee shall assign all forestland-urban interface forestland within its county to one of the forestland-urban interface classifications developed pursuant to ORS 477.027. (3) The county forestland-urban interface classification committee first shall adopt preliminary classification assignments and upon its completion shall cause notice thereof to be published once a week for two consecutive weeks in a newspaper of general circulation in the county, to be posted in three public places Page 3 of 22 I ; within the county, and to be mailed to owners of property within the preliminary classifications. The notice shall state the time and place for hearing or receiving objections, remonstrances or suggestions as to the proposed classifications and the place where a statement of the preliminary classifications may be inspected. [1997 c.429 ss.12,131 477.032 [Renumbered 477.0621 477.033 11953 c.372 s.7; 1955 c.318 s.2; 1957 c.83 s.7; 1961 c.603 s.3; 1963 c.107 s.2;1965 c.253 s.69; 1965 c.312 s.2; 1965 c.428 s.10; renumbered 477.2701 477.034 [Amended by 1953 c.661 s.2; renumbered 477.0641 477.035 [1953 c.372 s.8; 1965 c.253 s.70; 1965 c.312 s.3; renumbered 477.2851 477.036 [Amended by 1953 &.661 s.2; renumbered 477.066] 477.037 [1953 c.372 s.9; 1959 c.363 s.5; 1961 c.603 s.5; repealed by 1965 c.253 s.1531 477.038 [Amended by 1953 c.661 s.2; renumbered 477.0681 477.039 11953 c.372 s.10; 1963 c.107 s.3; 1965 c.253 s.71; renumbered 477.2911 477.040 [Amended by 1953 c.661 s.2; renumbered 477.0701 477.041 [1953 c.372 s.11; 1965 c.253 s.61; renumbered 477.2351 477.042 [Amended by 1953 c.661 s.2; renumbered 477.071 and then 477.0671 477.043 11953 c.372 ss.12,16; 1957 c.32 s.1; 1965 c.253 s.64; renumbered 477.2451 477.044 [Repealed by 1953 c.372 s.221 477.045 [1953 c.372 s.13; 1965 c.253 s.65; renumbered 477.2501 477.046 [Repealed by 1953 c.372 s.22] 477.047 [1953 c.372 s.14; 1965 c.253 s.66; renumbered 477.2551 477.048 [Repealed by 1953 c.372 s.221 477.049 [1953 c.372 s.15; 1965 c.253 s.67; renumbered 477.2601 477.050 [Amended by 1953 c.37 s.2; renumbered 477.0731 477.051 [1953 c.372 s.17; 1965 c.253 s.68; renumbered 477.2651 Page 4 of 22 477.052 Hearings on proposed classifications. (1) The county forestland-urban interface classification committee shall hold a public hearing at the time and place stated in the notice published under ORS 477.031 (3), or at such other time and place to which the hearing may be adjourned, to receive from any interested persons objections, remonstrances or suggestions relating to the proposed classifications. Following the hearing the committee may make such changes in the preliminary classifications as it finds to be proper, hold additional hearings as it finds necessary, and thereafter shall make its final classifications. (2) All action by the committee in classifying or reclassifying forestland-urban interface property shall be by formal written order, which must include a statement of findings of fact on the basis of which the order is made, and must include a map showing the classifications or reclassifications made. The original of the order shall be filed immediately with the county clerk of the county, who shall maintain and make it available for public inspection. A copy of the order certified by the secretary of the committee shall be sent to the State Board of Forestry. [1997 c.429 s.141 477.053 [1953 c.372 s.18; 1955 c.318 s.3; 1961 c.603 s.6; 1965 c.253 s.58; renumbered 477.220] 477.054 Appeal of classification decisions; procedure. (1) Any owner of land classified under ORS 477.027 to 477.057 who is aggrieved by the classification may, within 30 days after the date of the order making the classification, appeal to the circuit court for the county. The appeal shall be taken by serving the notice of appeal on the secretary of the committee or, if the classification was made under ORS 477.057, on the State Forester, and by filing such notice with the county clerk. (2) The appeal shall be tried by the circuit court as an action not triable by right to a jury. 11997 c.429 s.151 477.055 11953 c.372 s.19; repealed by 1965 c.253 s.153 and 1965 c.428 s.181 477.056 [1965 c.253 s.47 (enacted in lieu of 477.070); 1967 c.429 s.57; renumbered 477.120] 477.057 State Forester to classify land if county fails to act. (1) In the event no classification of the forestland-urban interface is made by a county forestland-urban interface classification committee within a county in which such land is situated because no committee was appointed for a period of time exceeding two years or, if appointed, a committee did not act for a period of time exceeding two years or acted in a manner inconsistent with law, the State Forester may make the final classifications that were otherwise to be made by a committee consistent with and in the same manner as the process described in ORS 477.031 to 477.054. (2) Classifications by the State Forester have the same force and effect as though made by a committee for that county. However, classifications made by the State Forester cease to be effective if replaced by classifications made pursuant to ORS 477.052 by the appropriate committee. 11997 c.429 s.161 477.058 11965 c.253 s.49 (enacted in lieu of 477.148); 1967 c.429 s.58; renumbered 477.1301 477.059 Obligation of landowner to mitigate risk of fire; standards; penalty for failure to comply. (1) An owner of land within a forestland-urban interface classification, prior to a fire occurrence originating on the owner's property, shall take actions, measures or efforts to minimize or mitigate a fire hazard or risk on the property due singly, or in combination, to the presence of structures, the arrangement or accumulation of vegetative fuels or the presence of other fire hazards. Page 5 of 22 (2) The minimum acceptable standards to comply with subsection (1) of this section shall be established in rules promulgated by the State Board of Forestry and shall be based on considerations of the variability of the forestland-urban interface classifications across the state. The rules established by this subsection shall be provided to all owners, within the appropriate forestland-urban interface classifications. (3) Structures and real property lots in a forestland-urban interface classification that, by written evaluation pursuant to rules promulgated by the board, meet the standards of subsection (2) of this section prior to fire occurrence on the owner's property shall be considered certified as having met the requirements of subsection (1) of this section. The rules established by this subsection shall: (a) Be provided to all owners, within the appropriate forestland-urban interface classifications; and (b) Provide for periodic renewal of the written certification based on the specific characteristics of the applicable forestland-urban interface classifications. (4) In the event that an owner fails to meet the obligations of subsection (1) of this section and a fire occurs, then the owner shall be liable for the actual costs incurred by the forester up to a maximum of ,100,000, excluding that portion of the actual costs which are the ordinary costs of the regular personnel and equipment of the forest protection district wherein the forestland-urban interface classification is located if: (a) The fire originates on the owner's property; (b) The ignition or spread of the fire is directly related to the failure to meet the obligations of subsection (1) of this section; and (c) The fire requires action by the forester pursuant to ORS 477.066 (2) and the forester incurs costs in suppressing the fire. [1997 c.429 s.171 Note: Section 19, chapter 429, Oregon Laws 1997, provides: Sec. 19. Section 17 [477.059] (1) and (4) of this Act first become operative on whichever is the latest of the following dates: (1) Twenty-four months after the date administrative rules are adopted pursuant to section 17 (2) of this Act. (2) Twenty-four months after the date administrative rules are adopted pursuant to section 17 (3) of this Act. (3) January 1, 2002. [1997 c.429 s.191 477.060 Considerations in determining cost of protection; special or additional costs. (1) In determining the annual cost of protection pursuant to ORS 477.230, the forester may consider and include the special or additional cost of fire protection for property within a forestland-urban interface classification, including the special or unique costs of assessment processing and administration. (2) Special or additional costs identified by subsection (1) of this section shall be identified uniquely in the budget required by ORS 477.230 to 477.300. These special or additional costs shall be in addition to the annual cost of ORS 477.230 (1). Only those owners of property within a forestland-urban interface classification in a forest protection district shall bear the special or additional cost of fire protection within the forestland-urban interface in a manner consistent with rules promulgated by the State Board of Forestry. [1997 c.429 s.18] 477.061 Short title. ORS 477.015 to 477.061 shall be known as the Oregon Forestland-Urban Interface Fire Protection Act of 1997. [1997 c.429 s.21 Page 6 of 22 Oregon Forestland-Urban Interface Fire Protection Act of 1997 - Administrative Rules - (Excerpted from Oregon Administrative Rules, Chapter 629, Division 44) 629-044-1000 Purpose (1) The purpose of OAR 629-044-1000 to 629-044-1110 is to implement the provisions of ORS 477.015 to 477.061, the Oregon Forestland-Urban Interface Fire Protection Act of 1997. (2) The purpose of OAR 629-044-1010 to 629-044-1045 is to set forth the criteria by which the forestland- urban interface shall be identified and classified pursuant to ORS 477.025 to 477.057. (3) The purpose of OAR 629-044-1050 to 629-044-1090 is to set forth the standards an owner of land in the forestland-urban interface shall apply pursuant to ORS 477.059(2). (4) The purpose of OAR 629-044-1095 to 629-044-1105 is to set forth the process for written evaluation and certification pursuant to ORS 477.059(3). (5) The purpose of OAR 629-044-1110 is to set forth the processes which shall apply to special or additional costs of fire protection within the forestland-urban interface pursuant to ORS 477.060. Stat. Auth.: ORS 477.027, ORS 477.059, ORS 477.060 Slats. Implemented: ORS 477.015 - ORS 477.061 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 629-044-1005 Definitions (1) The definitions set forth in ORS 477.001, 477.015 and OAR 629-041-0005 shall apply to OAR 629-044- 1000 to 629-044-1110, unless the context otherwise requires. (2) The following words and phrases, when used in OAR 629-044-1000 to 629-044-1110, shall mean the following, unless the context otherwise requires: (a) "Concentration of structures" means dwellings in a density of four or more per quarter of a quarter section (an area approximately 40 acres in size), as determined by the Public Land Survey. (b) "Classification" means the process set forth in ORS 477.031 to 477.052 and 477.057. (c) "Classified by a committee" means the end result of the classification process set forth in ORS 477.031 to 477.052 and 477.057. (d) "Current zoning" means zoning which allows the siting of a dwelling as an outright use. (e) "Driveway" means the primary, privately owned vehicle access road that serves a dwelling, which is controlled by the owner of the dwelling, and which is longer than 150 feet. (f) "Dwelling" means a structure, or a part of a structure, that is used as a home, as a residence, or as a sleeping place by one or more people who maintain a household in the structure. (g) "Fire resistant roofing " means roofing material that has been installed and is maintained to the specifications of the manufacturer and which: (A) Is rated by Underwriter's Laboratory as Class A, Class B, Class C, or is equivalent thereto; or (B) Is metal. (h) "Fuel break" means a natural or a human-made area immediately adjacent to a structure or to a driveway, where material capable of allowing a wildfire to spread does not exist or has been cleared, modified, or treated to: (A) Significantly reduce the rate of spread and the intensity of an advancing wildfire; and (B) Create an area in which fire suppression operations may more safely occur. Page 7 of 22 (i) "Geographic area" means an area which results from the partitioning of all or portions of a district into smaller segments, based on the presence of differing hazard factors, risks, or dwelling concentrations. (j) "Hazard factor" means one of the three factors which most influence the potential of a wildfire to spread. The three hazard factors are topography, natural vegetative fuels, and wildfire weather. (k) "Homeowner's association" means a non-profit corporation organized under ORS Chapter 65 and which is subject to the provisions of ORS 94.625 to 94.700. (L) "Included rural lands" means lands which meet the definition of "rural" but which have been classified by a committee as "suburban." (m) "Ladder fuel" means branches, leaves, needles, and other combustible vegetation that may allow a wildfire to spread from lower growing vegetation to higher growing vegetation. (n) "Lands" means one or more tax lots. (o) "Non-fire resistant roofing" means roofing material that is not fire resistant including, but not limited to, cedar shakes. (p) "Private fire department" means a private entity which provides structural fire prevention and suppression services and which meets the safety requirements set forth in OAR 437-002-0182. (q) "Road" means a road over which the public has a right of use that is a matter of public record. (r) "Rural" means a geographic area which has not been classified by a committee as suburban or urban and shall include: (A) Lands zoned primarily for farm or forestry uses; (B) Lands which have an average tax lot size of 10 acres or larger; (C) Lands not zoned to allow a concentration of structures; and (D) Lands which do not contain a concentration of structures. (s) "Safety zone" means an adequately sized area, which is substantially free of flammable materials, and which can be used as a refuge to protect human life from an advancing wildfire. (t) "Standards" means the actions, efforts, or measures which owners of suburban and urban lands shall take on their property, prior to a wildfire occurrence which originates on the property. (u) "Structural fire service provider" means a local government agency or a private fire department which provides structural fire prevention and suppression services. (v) "Structure" means a permanently sited building, a manufactured home, or a mobile home that is either a dwelling or an accessory building, which occupies at least 500 square feet of ground space, and which has at least one side that is fully covered. (w) "Suburban" means a geographic area which includes one or more of the following: (A) Lands where a concentration of structures exists; (B) Lands on which current zoning allows a concentration of structures; or (C) Included rural lands. (x) "Urban" means a geographic area that includes one or more of the following: (A) Lands within a city limit; or (B) Lands within an urban growth boundary (y) "Urban growth boundary" is defined by ORS 197.295. (z) "Wildfire" means an uncontrolled fire which is burning on forestland and which is damaging, or is threatening to damage, forest resources or structures. (aa) "Zoning" means a local governmental zoning ordinance, a land division ordinance adopted under ORS 92.044 or 92.046, or a similar general ordinance establishing standards for implementing a comprehensive plan. Stat. Auth.: ORS 477.027, ORS 477.059, ORS 477.060 Slats. Implemented: ORS 477.015 - ORS 477.061 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 Page 8 of 22 629-044-1010 Forestland-Urban Interface Lands Identified By A Committee (1) A committee shall identify for classification only those lands which: (a) Are within the county of its jurisdiction; (b) Are within a forest protection district; (c) Meet the definition of forestland; and (d) Meet the definition of suburban or urban. (2) The amount of included rural lands identified for classification as suburban shall be kept to a minimum. (3) Lands which meet all the criteria set forth in subsections (1) and (2) of this rule shall be considered to be forestland-urban interface lands. (4) A committee shall set forth the boundaries of forestland-urban interface lands identified in subsection (3) of this rule. For clarity, natural geographic features, human-made land features, public land survey lines, and political boundary lines should be used to describe such boundaries. Stat. Auth.: ORS 477.027 Stats. Implemented: ORS 477.025 - ORS 477.057 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 629-044-1015 Forestland-Urban Interface Lands Classified By A Committee (1) Forestland-urban interface lands shall be classified by a committee as follows: (a) Locate, for each hazard factor, the appropriate geographic areas and the associated values from the criteria set forth in OAR 629-044-1035 to 629-044-1045; then (b) Overlay the geographic areas and the associated values, located in subsection .(1)(a) of this rule, and identify the resulting composite geographic areas and the associated values; then (c) Determine the classification for each composite geographic area identified in subsection (1)(b) of this rule, from the criteria set forth in Table 1 of this rule. (below) (d) Geographic areas determined in subsection (1)(c) of this rule to be "Extreme" may be classified by a committee as "High Density Extreme" pursuant to OAR 629-044-1020. (2) A committee shall set forth the boundaries of the geographic areas classified by a committee pursuant to subsection (1) of this rule. For clarity, natural geographic features, human-made land features, public land survey lines, and political boundary lines should be used to describe such boundaries. Stat. Auth.: ORS 477.027 Stats. Implemented: ORS 477.025 - ORS 477.057 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 Table 1: Classification of Forestland-Urban Interface Lands Natural Wildfire W eather Hazard Fa ctor Value Vegetative Hazard Fuel 1 2 3 Factor Value Topogra phy 1 2 1 2 1 2 1 Low Moderate Moderate Moderate High High 2 Moderate Moderate Moderate High High Extreme 3 JModerate Moderate High High Extreme Extreme Page 9 of 22 629-044-1020 High Density Extreme Classification (1) The purpose of the High Density Extreme classification is to identify those lands where the combination of an Extreme classification and a high density of dwellings poses an enhanced threat to life safety and where vegetation modification around structures alone may not be sufficient to help protect lives during a wildfire. (2) Lands may be classified by a committee as High Density Extreme only when a geographic area meets all of the following criteria: (a) The lands have been classified by a committee as Extreme based on the hazard factors; (b) The lands have a current zoning for residential development; (c) The lands contain fuels which, if not modified or treated, will result in a wildfire having a significant rate of spread and intensity; (d) The lands have: (A) An average tax lot size of less than three acres; or (B) A typical tax lot configuration which prevents the establishment of a 30 feet wide fuel break adjacent to structures; (e) The lands lack: (A) Safety zones; or (B) Effective vehicle egress which may hamper the safe evacuation of dwellings during a wildfire. Stat. Auth.: ORS 477.027 Stats. Implemented: ORS 477.025 - ORS 477.057 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 629-044-1025 Periodic Forestland-Urban Interface Lands Identification And Classification The identification and classification of forestland-urban interface lands shall be reviewed by a committee at least once every five years. Stat. Auth.: ORS 477.027 Slats. Implemented: ORS 477.025 - ORS 477.057 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 629-044-1030 Forestland-Urban Interface Lands Identification And Classification By The State Forester When the State Forester performs the duties of a committee pursuant to. ORS 477.057, the State Forester shall comply with OAR 629-044-1010 to 629-044-1045. Stat. Auth.: ORS 477.027 Stats. Implemented: ORS 477.025 - ORS 477.057 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 629-044-1035 Wildfire Weather Hazard Factor (1) The reference for establishing the wildfire weather hazard factor shall be data provided by the Oregon Department of Forestry, which was developed following an analysis of daily wildfire danger rating indices in each regulated use area of the state and which is described in Table 1 of OAR 629-044-0230. (see page 11) (2) For the geographic areas described in Table 1 of OAR 629-044-0230, select the appropriate hazard values. (3) A committee may increase the hazard value determined in subsection (2) of this rule by one point in any geographic area which it determines to have a history of frequent wildfire occurrence. Stat. Auth.: ORS 477.027 Stats. Implemented: ORS 477.025 - ORS 477.057 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 Page 10 of 22 629-044-0230 Fire Weather Hazard Factor: Table 1 Hazard values: 1 = low, 2 = moderate, 3 = high County - Hazard Value Baker - 3 Benton - 2 Clackamas - 2 Clatsop, Area 1 - All of Clatsop County except Area 2. - 1 Clatsop, Area 2 - That portion of Clatsop County in Township 4 North Range 6 West. - 2 Columbia - 2 Coos, Area 1 - All of Coos County except Area 2. - 1 Coos, Area 2 - That portion of Coos County east of a generally north-south straight line which extends from the boundary with Douglas County, passes through the locales of Allegany and Gaylord, to the boundary with Curry County. - 2 Crook - 3 Curry, Area 1 - All of Curry County except Area 2. -1 Curry, Area 2 - That portion of Curry County east of the north- south line between Townships 13 West and 14 West. - 2 Deschutes - 3 Douglas, Area 4 - That portion of Douglas County east of Area 2, south of Area 3 and west of Area 5. -3 Douglas, Area 5 - That portion of Douglas County east of a generally north-south line which follows the western boundary of the Umpqua National Forest from the boundary with Jackson County to the boundary with Lane County. - 2 Gilliam - 3 Grant - 3 Harney - 3 Hood River - 3 Jackson - 3 Jefferson - 3 Josephine, Area 1- All of Josephine County except Area 2. -2 Josephine, Area 2 - That portion of Josephine County east of a generally north-south line which follows Highway 199 from the California border to the locale of Wonder and than extends straight through the locale of Galice to the boundary with Douglas County. -3 Klamath - 3 Lake - 3 Douglas, Area 1 - That portion of Douglas County west of a generally north-south straight line which extends from the boundary with Lane County, passes through the locale of Sulpher Springs, to the boundary with Coos County. - 1 Douglas, Area 2 - That portion of Douglas County east of Area 1 and west of the north-south line between Townships 8 West and 9 West. - 2 Douglas, Area 3 - That portion of Douglas County east of Area 1 and north of a generally east-west straight line which extends from the city of Cottage Grove to the mouth of Winchester Bay. - 2 Lane, Area 1 - All of Lane County except Area 2. -1 Lane, Area 2 - That portion of Lane County east of generally north-south straight line which extends from the boundary with Benton County through the northeast corner of Township 15 South Range 9 West and the southwest corner of Township 18 South Range 9 West to the boundary with Douglas County. -2 Lincoln, Area 1 - All of Lincoln County except Area 2. - 1 Lincoln, Area 2 - That portion of Lincoln County east of a generally north-south straight line which extends from the boundary with Lane County through the southwest corner of Township 14 South Range 10 West to the northwest corner of Township 12 South Range 10 West then straight to the northeast corner of Township 14 South Range 10 West then straight through the locale of Rose Lodge to the boundary with Tillamook County. - 2 Linn - 2 Malheur - 3 Marion - 2 Morrow - 3 Multnomah - 2 Polk - 2 Sherman - 3 Tillamook, Area 1 - All of Tillamook County except Area 2. -1 Tillamook, Area 2 - That portion of Tillamook County east of the north-south line between Townships 7 West and 8 West. - 2 Umatilla - 3 Union - 3 Wallowa - 3 Wasco - 3 Washington - 2 Wheeler - 3 Yamhill -2 Stat. Auth.: ORS 526.016 Stats. Implemented: ORS 93.270 Hist.: FB 2-1996, f. 3-13-96, cert. ef. 4-1-96 Page 11 of 22 629-044-1040 Topography Hazard Factor (1) The reference for establishing the topography hazard factor shall be: (a) A 30-meter or better Digital Elevation Model (DEM); or (b) The appropriate 7.5 minute quadrangle map published by the U.S. Geological Survey, USDI. (2) Using the reference set forth in subsection (1) of this rule, determine the geographic areas which best describe: (a) Areas having an overall slope of 25% (14 degrees) or less; and (b) Areas having an overall slope of more than 25% (14 degrees). (3) Each geographic area determined in subsection (2) of this rule shall be assigned an appropriate hazard value, as follows: (a) A hazard value of 1, for geographic areas described by subsection (2)(a) of this rule; or (b) A hazard value of 2, for geographic areas described by subsection (2)(b) of this rule. Stat. Auth.: ORS 477.027 Slats. Implemented: ORS 477.025 - ORS 477.057 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 629-044-1045 Natural Vegetative Fuel Hazard Factor (1) The reference for establishing the natural vegetative fuel hazard factor shall be the document "Aids to Determining Fuel Models for Estimating Fire Behavior" published by the Forest Service, USDA Intermountain Forest and Range Experiment Station in.1982 as General Technical Report Technical INT-122. Information from this reference is summarized in Table 3 of OAR 629-044-0250. (see page 13) (2) Using the fuel models described in the reference set forth in subsection (1) of this rule, determine the geographic areas which best describe the natural vegetative fuels expected to occupy an area for the next five years. (3) The geographic areas determined in subsection (2) of this rule shall be assigned the appropriate hazard value, as shown in Table 3 of OAR 629-044-0250. (4) It is recognized that natural vegetation is highly variable and that the fuel models used in subsection (2) of this rule may not always accurately reflect expected wildfire behavior, due to variations in local species and vegetation conditions. Therefore, a committee may make such modifications to the hazard values as it determines is necessary to accurately reflect the following: (a) A hazard value of 1 shall describe vegetation that typically produces a flame length of up to 5 feet, a wildfire which exhibits very little spotting, torching, or crowning, and which results in a burned area that can normally be entered within 15 minutes. (b) A hazard value of 2 shall describe vegetation that typically produces a flame length of 5 to 8 feet, a wildfire which exhibits sporadic spotting, torching, or crowning, and which results in a burned area that can normally be entered within one hour. (c) A hazard value of 3 shall describe vegetation that typically produces a flame length of over 8 feet, a wildfire that exhibits frequent spotting, torching, or crowning, and which results in a burned area that normally cannot be entered for over one hour. Stat. Auth.: ORS 477.027 Slats- Implemented: ORS 477.025 - ORS 477.057 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 629-044-1050 Purpose And Intent Of Standards (1) The standards required by OAR 629-044-1055 are designed to minimize or mitigate a wildfire hazard or risk on an owners property which arises due, singly or in combination, to the presence of structures, to the arrangement or accumulation of vegetative fuels, or to the presence of other wildfire hazards. (2) It is recognized that owners have a variety of objectives to achieve while applying the standards, including objectives related to aesthetics, dust barriers, fish and wildlife habitat, gardening, soil stabilization, sound barriers, and visual barriers. It is the intent of the standards to allow owners to meet such objectives, provided there is no compromise of the standards needed to mitigate wildfire hazards or risks. Page 12 of 22 (3) The standards are considered to be minimum measures which are intended to improve the survivability of structures during a wildfire, but which will not guarantee survivability. Stat. Auth.: ORS 477.059 Stats. Implemented: ORS 477.059 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 629-044-0250 Natural Vegetative Fuel Hazard Factor: Table 3 Natural Vegetative Fuel Description Hazard Value (1 = low, 2 = moderate, 3 = high) Little or no natural vegetative fuels are present. 0 Grass. Very little shrub or timber is present, generally less than one-third of the area. Main fuel is generally less than two feet in height. Fires are surface fires that move rapidly through cured grass and associated material. (Fuel model 1) 3 Grass. Open shrub lands and pine stands or scrub oak stands that cover one-third to two-thirds of the area. Main fuel is generally less that two feet in height. Fires are surface fires that spread primarily through the fine herbaceous fuels, either curing or dead. (Fuel model 2) 3 Grass. Beach grasses, prairie grasses, marshland grasses and wild or cultivated grains that have not been harvested. Main fuel is generally less than four feet in height, but considerable variation may occur. Fires are the most intense of the grass group and display high rates of spread under the influence of wind.(Fuel model 3) 3 Shrubs. Stands of mature shrubs have foliage known for its flammability, such as gorse, manzanita and snowberry. Main fuel is generally six feet or more tall. Fires burn with high intensity and spread very rapidly. (Fuel model 4) 3 Shrubs. Young shrubs with little dead material and having foliage not known for its flammability, such as laurel, vine maple and alders. Main fuel is generally three feet tall or less. Fires are generally carried in the surface fuels and are generally not very intense. (Fuel model 5) 1 Shrubs. Older shrubs with foliage having a flammability less than fuel model 4, but more than fuel model 5. Widely spaced juniper and sagebrush are represented by this group. Main fuel is generally less than six feet in height. Fires will drop to the ground at low wind speeds and in stand openings. (Fuel model 6) 2 Timber. Areas of timber with little undergrowth and small amounts of litter buildup. Healthy stands of lodgepole pine, spruce, fir and larch are represented by this group. Fires will burn only under severe weather conditions involving high temperatures, low humidities and high winds. (Fuel model 8) 1 Timber. Areas of timber with more surface litter than fuel model 8. Closed stands of healthy ponderosa pine and white oak are in this fuel model. Spread of fires will be aided by rolling or blowing leaves. (Fuel model 9) 2 Timber. Areas of timber with heavy buildups of ground litter caused by overmaturity or natural events of wind throw or insect infestations. Fires are difficult to control due to large extent of ground fuel. (Fuel model 10) 3 Stat. Auth.: ORS 526.016 Slats. Implemented: ORS 93.270 Hist.: FB 2-1996, f. 3-13-96, cert. ef. 4-1-96 Page 13 of 22 629-044-1055 Standards (1) Owners of lands classified by a committee as Low are not required to comply with the standards, however, they are encouraged to review their individual situation and to apply those standards which may be appropriate. (2) Owners of lands classified by a committee as Moderate, High, Extreme, or High Density Extreme shall comply with the standards, applicable to their lands. In meeting this requirement, owners shall apply one or more of the following: (a) The default standards set forth in OAR 629-044-1060, which are intended for the majority of owners; (b) The optional standards set forth in OAR 629-044-1065, which are intended for owners who are unable to meet the default standards; or (c) The alternate standards developed pursuant to OAR 629-044-1070, which are intended for owners who wish to address site specific conditions or unique situations. (3) Owners are encouraged to exceed the standards and to apply additional wildfire safety measures. Stat. Auth.: ORS 477.059 Stats. Implemented: ORS 477.059 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 629-044-1060 Default Standards (1) Where structures exist on lands classified by a committee as Moderate, High, Extreme, or High Density Extreme owners shall: (a) Provide and maintain primary fuel breaks which comply with the requirements of OAR 629-044- 1085 and which are: (A) Immediately adjacent to structures, for a distance of at least 30 feet, or to the property line, whichever is the shortest distance. The distance shall be measured along the slope and from the furthest extension of the structure, including attached carports, decks, or eaves. (B) Immediately adjacent to driveways, for a distance of at least ten feet from the centerline of a driveway, or to the property line, whichever is the shortest distance. The distance shall be measured along the slope. Including the driving surface, a fuel break shall result in an open area which is not less than 13 1/2 feet in height and 12 feet in width or to the property line, whichever is the shortest distance. (b) Provide and maintain secondary fuel breaks which comply with the requirements of OAR 629-044- 1085 and which are immediately adjacent to primary fuel breaks, for the distance necessary to comply with the total fuel break distance specified in Table 2 of this rule (see page 15), or to the property line, whichever is the shortest distance. The distance shall be measured along the slope and from the furthest extension of the structure, including attached carports, decks, or eaves. (c) Remove any portion of a tree which extends to within 10 feet of the outlet of a structure chimney or a stove pipe; (d) Maintain the portion of any tree which overhangs a structure substantially free of dead plant material; (e) Maintain the area under decks substantially free of firewood, stored flammable building material, leaves, needles, and other flammable material; and (f) During times of the year when wildfire may be a threat, locate firewood, flammable building material, and other similar flammable material: (A) At least 20 feet away from a structure; or (B) In a fully enclosed space. (2) On all lands classified by a committee as High Density Extreme, owners shall comply with subsection (1) of this rule and with the standards set forth in OAR 629-044-1075. Stat. Auth.: ORS 477.059 Stats. Implemented: ORS 477.059 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 Page 14 of 22 Table 2: Fuel Break Distance • Fire-Resistant Non-Fire-Resistant Roofing Roofing Low None None Moderate 30 feet 30 feet High 30 feet 50 feet Extreme & High-Density 50 feet 100 feet Extreme 629-044-1065 Optional Standards (1) Where structures exist on lands classified by a committee as Moderate, High, Extreme, or High Density Extreme, owners shall provide fuel breaks which comply with the requirements of OAR 629-044-1085 and which are immediately adjacent to structures for a distance of thirty feet or to the property line, whichever is the shortest distance. The distance shall be measured along the slope and from the furthest extension of the structure, including attached carports, decks, or eaves. (2) Where structures exist on lands classified by a committee as Moderate, owners shall comply with subsection (1) of this rule and with one or more of the options set forth in subsection (6) of this rule. (3) Where structures exist on lands classified by a committee as High, owners shall comply with subsection (1) of this rule and with two or more of the options set forth in subsection (6) of this rule. (4) Where structures exist on lands classified by a committee as Extreme, owners shall comply with subsection (1) of this rule and with three or more of the options set forth in subsection (6) of this rule. (5) Where structures exist on lands classified by a committee as High Density Extreme, owners shall comply with subsection (1) of this rule, with three or more of the options set forth in subsection (6) of this rule, and with subsection (7) of this rule. (6) Optional standards are: (a) Option 1, fire resistant structures. This option is intended to reduce the likelihood of a structure being ignited by a wildfire. To comply with this option, owners of structures shall: (A) Have fire resistant roofing material; (B) Have all permanent openings into and under the structure completely covered with noncombustible, corrosion-resistant, mesh screening material, which has openings no greater than 1/4 inch in size; (C) Where there are attachments to the structure, such as decks and porches: (i) Maintain the area under the attachments substantially free of firewood, flammable building material, leaves, needles, and other flammable material; or (ii) Cover openings to the area under the attachments with noncombustible, corrosion- resistant mesh screening material, which has openings no greater than 1/4 inch in size; Page 15 of 22 (D) Remove any portion of a tree which extends to within 10 feet of the outlet of a structure chimney or a stove pipe; (E) Maintain the portion of any tree which overhangs a structure substantially free of dead plant material; and (F) During times of the year when wildfire may be a threat, locate firewood, flammable building material, and other similar flammable material: (i) At least 20 feet away from the structure; or (ii) In a fully enclosed space. (b) Option 2, secondary fuel break. This option is intended to provide additional separation between structures and natural vegetation. To comply with this option, owners of structures shall provide and maintain secondary fuel breaks which comply with the requirements of OAR 629-044-1085 and which are immediately adjacent to primary fuel breaks, for the distance necessary to create a total fuel break of 100 feet, or to the property line, whichever is the shortest distance. The distance shall be measured along the slope and from the furthest extension of the structure, including attached carports, decks, or eaves. (c) Option 3, wildfire safe access. This option is intended to provide a more safe vehicle access to and from structures during a wildfire. To comply with this option, owners of a driveway shall provide and maintain a primary fuel break which complies with the requirements of OAR 629-044-1085 and which is immediately adjacent to a driveway for a distance of ten feet from the centerline of the driveway, or to the property line, whichever is the shortest distance. The distance shall be measured along the slope. Including the driving surface, a fuel break shall result in an open area which is not less than 13 112 feet in height and 12 feet in width or to the property line, whichever is the shortest distance. (d) Option 4, low ignition risk property. This option is intended to reduce the likelihood of a wildfire ignition. To comply with this option, owners shall at all times use the following fire prevention practices: (A) Open fires shall be: (i) Built, ignited and maintained in compliance with all applicable permit and fire safety requirements; (ii) Tended and maintained under the control of a person 16 years of age or older; (iii) Conducted only when weather conditions permit safe burning; (iv) Conducted in a location which has had all surrounding material cleared of flammable material sufficient to prevent unintended spread of the fire; and (v) Conducted only when adequate and appropriate fire tools and/or a water supply are present to assist in preventing unintended spread of the fire. (B) Grills, incinerators, outdoor fireplaces, permanent barbecues, and similar outdoor devices shall be maintained in good repair, in safe condition, and all openings shall normally be completely covered by a spark arrester, by a screen, or by a device which prevents unintended spread of a fire. (C) Ashes and coals resulting from the use of grills, incinerators, outdoor fireplaces, permanent barbecues, and similar outdoor devices shall be disposed of in a manner which prevents unintended spread of a fire. (D) The use of outdoor equipment or devices capable of generating heat, open flame, or sparks shall be conducted in compliance with all applicable permit and fire safety requirements; and (E) Chimneys and stove pipes shall be used only if their openings are completely covered with a spark arrester which meets or exceeds the following standard: constructed of 12 USA standard gauge wire which has openings no larger than 112 inch in size. (7) On all lands classified by a committee as High Density Extreme, owners comply with the standards set forth in OAR 629-044-1075. Stat. Auth.: ORS 477.059 Stats. Implemented: ORS 477.059 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 Page 16 of 22 629-044-1070 Alternate Standards (1) Where structures exist on lands classified by a committee as Moderate, High, Extreme, or High Density Extreme, owners shall comply with all standards described in a cooperative agreement made pursuant to ORS 477.406. (2) Cooperative agreements which describe alternate standards shall be valid only if: (a) On forms provided by the State Forester or in a format prescribed by the State Forester; (b) Signed by the District Forester and by the owner; and (c) The alternate standards provide, in the judgement of the District Forester, for equal or better protection from wildfire than do the standards of OAR 629-044-1060, 629-044-1065, and 629-044- 1075 which apply to the classification of the lands for which the cooperative agreement is made. Stat. Auth.: ORS 477.059 Slats. Implemented: ORS 477.059 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 629-044-1075 Additional Standards For Lands Classified As High Density Extreme On all lands classified by a committee as High Density Extreme, owners shall provide fuel breaks which comply with the requirements of OAR 629-044-1085 and which are immediately adjacent to all: (1) Property lines, fora"distance of twenty feet or an adjacent property line, whichever is the shortest distance. The distance shall be measured along the slope; and (2) Roads, for a distance of at least twenty feet from the side of every road, or to the property line, whichever is the shortest distance. The distance shall be measured along the slope and from the furthest extension of the driving surface. Stat. Auth.: ORS 477.059 Slats. Implemented: ORS 477.059 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 629-044-1080 Modification Of Standards The District Forester may, in writing, reduce or waive any standard of OAR 629-044-1060, 629-044-1065, 629- 044-1075, and 629-044-1085 if the forester finds that conditions so warrant. Reductions or waivers made under this rule: (1) May be made only after a written request from the owner; (2) Are intended to be few in number; (3) Must address: (a) A site specific condition or a unique situation which does not warrant the development of alternate standards under OAR 629-044-1070; or (b) A conflict with the requirements of other codes, laws, ordinances, or regulations, as described in ORS 477.023(2), and which does not warrant the development of alternate standards under OAR 629- 044-1070; and (4) Shall be: (a) On forms provided by the State Forester or in a format prescribed by the State Forester; (b) Signed by the District Forester and by the owner. Stat. Auth.: ORS 477.059 Slats. Implemented: ORS 477.059 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 Page 17 of 22 629-044-1085 Fuel Break Requirements (1) The purpose of a fuel break is to: (a) Slow the rate of spread and the intensity of an advancing wildfire; and (b) Create an area in which fire suppression operations may more safely occur. (2) A fuel break shall be a natural or a human-made area where material capable of allowing a wildfire to spread: (a) Does not exist; or (b) Has been cleared, modified, or treated in such a way that the rate of spread and the intensity of an advancing wildfire will be significantly reduced. (3) A primary fuel break shall be comprised of one or more of the following: (a) An area of substantially non-flammable ground cover. Examples include asphalt, bare soil, clover, concrete, green grass, ivy, mulches, rock, succulent ground cover, or wildflowers. (b) An area of dry grass which is maintained to an average height of less than four inches. (c) An area of cut grass, leaves, needles, twigs, and other similar flammable materials, provided such materials do not create a continuous fuel bed and are in compliance with the intent of subsections (1) and (2) of this rule. (d) An area of single specimens or isolated groupings of ornamental shrubbery, native trees, or other plants, provided they are: (A) Maintained in a green condition; (B) Maintained substantially free of dead plant material; (C) Maintained free of ladder fuel; (D) Arranged and maintained in such a way that minimizes the possibility a wildfire can spread to adjacent vegetation; and (E) In compliance with the intent of subsections (1) and (2) of this rule. (4) A secondary fuel break shall be comprised of single specimens or isolated groupings of ornamental shrubbery, native trees, or other plants, provided they are: (a) Maintained in a green condition; (b) Maintained substantially free of dead plant material; (c) Maintained free of ladder fuel; (d) Arranged and maintained in such a way that minimizes the possibility a wildfire can spread to adjacent vegetation; and (e) In compliance with the intent of subsections (1) and (2) of this rule. Stat. Auth.: ORS 477.059 Slats. Implemented: ORS 477.059 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 629-044-1090 Apparent Conflicts With Standards Pursuant to ORS 477.023: (1) The standards set forth in OAR 629-044-1060 to 629-044-1085 do not supercede or replace any federal law or regulation, any other state agency law or regulation, or any more restrictive local government ordinance or code. (2) Apparent conflicts with other laws and regulations, for which the forester is responsible and has jurisdiction, shall be resolved within the scope of the forester's authority and documented, as provided in OAR 629-044-1070 or 629-044-1080. (3) Compliance with OAR 629-044-1070 to 629-044-1080 does not relieve the owner of the requirements of any other law or regulation which applies to the lands in question. Stat. Auth.: ORS 477.059 Slats. Implemented: ORS 477.023 & ORS 477.059 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 Page 18 of 22 629-044-1095 Written Evaluation (1) Pursuant to ORS 477.059, the forester shall provide to the owners of lands classified by a committee a copy of OAR 629-044-1000 to 629-044-1110 and an evaluation form: (a) Two years before the obligations of ORS 477.059(4) become effective on the lands for the first time; (b) Every five years thereafter; and (c) When requested by an owner. (2) The intent of an evaluation form provided pursuant to subsections (1), (5) or (6) of this rule is to allow owners to self-certify compliance with the standards of OAR 629-044-1060 to 629-044-1085. Completion and return of the evaluation form to the forester is optional. (3) In lieu of completing and returning an evaluation form provided pursuant to subsections (1), (5) or (6) of this rule, an owner may have it completed and returned by an accredited assessor. (4) Completed and returned evaluation forms shall become void: (a) Five years after they are provided by the forester; (b) When the ownership of a tax lot changes; (c) When a structure is added to a_ tax lot; or (d) Pursuant to a determination made in accordance with the provisions of subsection (3) of OAR 629- 044-1100. (5) When the ownership of a tax lot changes, the previous owner shall notify the new owner of the voiding of the evaluation form under subsection (4)(b) of this rule. The new owner may, as provided in subsection (1)(c) of this rule, request that the forester provide a current copy of OAR 629-044-1000 to 629-044-1110 and a new evaluation form. (6) When a structure is added to a tax lot, the owner may request that the forester provide a current copy of OAR 629-044-1000 to 629-044-1110 and a new evaluation form. Stat. Auth.: ORS 477.059 Stats. Implemented: ORS 477.059 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 629-044-1100 Certification (1) An owner of lands classified by a committee shall be considered to be certified as meeting the standards set forth in OAR 629-044-1060 to 629-044-1085 if: (a) They sign and return to the forester an evaluation form provided pursuant to OAR 629-044-1095; or (b) They use the services of an Accredited Assessor who signs and returns to the forester an evaluation form provided pursuant to OAR 629-044-1095; and (c) The evaluation form has not become void pursuant to OAR 629-044-1095(4). (2) The forester may make a determination of whether the lands of an owner meet the standards set forth in OAR 629-044-1060 to 629-044-1085 at any time following the completion and return of an evaluation form provided pursuant to OAR 629-044-1095. Such a determination must be made prior to the occurrence of a wildfire on an owners tax lot. (3) If the forester determines that an evaluation form provided pursuant to OAR 629-044-1095 was returned by the owner and that it incorrectly or falsely indicated the lands meet the standards set forth in OAR 629- 044-1060 to 629-044-1085, the owner shall be notified in writing that both the evaluation form and the certification granted under subsection (1) of this rule will become void on a specified date. In making such a determination, the forester shall: (a) Not base the determination on technicalities or omissions which, in the sole judgment of the forester, are minor in nature; and (b) First provide the owner a reasonable time to: (A) Provide evidence that the property does meet the standards set forth in OAR 629-044-1060 to 629-044-1085; or Page 19 of 22 (B) Bring their property into compliance with the standards set forth in OAR 629-044-1060 to 629-044-1085. Stat. Auth.: ORS 477.059 Slats. Implemented: ORS 477.059 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 629-044-1105 Accredited Assessors (1) An Accredited Assessor shall obtain accreditation from the District Forester prior to conducting any activities allowed or required by OAR 629-044-1100 in a district. (2) To request accreditation, prospective Accredited Assessors shall make application to the District Forester and sign an accreditation agreement on forms provided by the State Forester or in a format prescribed by the State Forester. (3) Accredited Assessors will not be considered to be accredited until the District Forester reviews and approves both their application and their signed accreditation agreement. (4) Applications to become an Accredited Assessor shall include, but will not be limited to: (a) For a Type 1 Accredited Assessor: (A) The person's Oregon Construction Contractors Board or Oregon Landscape Contractors Board license number; and (B) Evidence that the person has had at least two years total experience related to: (i) Wildland fire prevention or suppression; or (ii) Management of properties which contain forestland. (b) For a Type 2 Accredited Assessor: (A) A statement that the person is acting as an authorized agent of a structural fire service provider; (B) The signature of the Fire Chief of the structural fire service provider; (C) Evidence that the person is a full time paid employee or a volunteer employee in good standing of the structural fire service provider; and (D) Evidence that the person has had at least two years total experience related to wildland fire prevention or suppression. (c) For a Type 3 Accredited Assessor: (A) A statement that the person is acting as an authorized agent of a homeowner's association; (B) The signatures of the persons who constitute the governing body of the homeowner's association; (C) Evidence that the person is a full time paid employee or a volunteer employee in good standing of the homeowner's association; and (D) Evidence that the person has had at least two years total experience related to: (i) Wildland fire prevention or suppression; or (ii) Management of properties which contain forestland. (5) Accreditation agreements shall include, but will not be limited to: (a) For a Type 1 Accredited Assessor, a requirement to perform certification services only while currently registered with the Oregon Construction Contractors Board or the Oregon Landscape Contractors Board; (b) For a Type 2 Accredited Assessor: (A) A requirement to perform certification services only while acting as an authorized agent of a structural fire service provider; and (B) A prohibition on collecting either a fee or any other form of remuneration directly from the owner of the lands, for performing certification services; Page 20 of 22 (c) For a Type 3 Accredited Assessor: (A) A requirement to perform certification services only while acting as an authorized agent of a homeowner's association; and (B) A prohibition on collecting either a fee or any other form of remuneration directly from the owner of the lands, for performing certification services; (d) A requirement to make a determination of whether a property meets the standards set forth in OAR 629-044-1060 to 629-044-1085 only in a truthful manner; (e) A requirement to send any required records to the State Forester within a specified period of time; (f) A requirement to maintain any required records for a minimum of six years; and (g) A requirement to not perform certification services if: (A) Notified of a suspension under subsection (6) of this rule; or (B) Notified of a revocation under subsections (7), (8) or (9) of this rule. (6) The District Forester may suspend the certification authority of an Accredited Assessor at any time the District Forester determines the Accredited Assessor has failed to comply with all requirements of the accreditation agreement. In taking such action, the District Forester shall: (a) Suspend the certification authority of an Accredited Assessor only after providing fifteen days prior written notice to the Accredited Assessor; (b) Not more than fifteen days after suspending the certification authority of an Accredited Assessor, either initiate action for the State Forester to revoke the accreditation of the Accredited Assessor or restore the certification authority of the Accredited Assessor. (7) The State Forester shall revoke the certification authority of an Accredited Assessor if the District Forester provides evidence that such action is warranted due to a failure of the Accredited Assessor to comply with all requirements of the accreditation agreement. In taking such action, the State Forester shall: (a) Take the revocation action not more than sixty days after receiving the evidence from the District Forester; and (b) Revoke the certification authority of an Accredited Assessor only after providing thirty days prior written notice to the Accredited Assessor. (8) An Accredited Assessor may, not more than 30 days after receipt of the written notice required in subsection (7)(b) of this rule, request a review of the proposed revocation by the State Forester. If such a request is made, the State Forester shall: (a) Conduct the requested review within 30 days of the receipt of the request; and (b) Either affirm or cancel the proposed certification revocation action. (9) An Accredited Assessor who has had their certification authority revoked pursuant to this rule may appeal the decision of the State Forester to the Board of Forestry, in the same manner as appeals under ORS 477.260(2). Stat. Auth.: ORS 477.059 Stats. Implemented: ORS 477.059 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 629-044-1110 Special Assessments (1) When, pursuant to ORS 477.060, the forester assesses the owners of lands classified by a committee, the funds so received shall be: (a) Allocated exclusively to the forest protection district wherein the lands are located, (b) Used exclusively for activities pertaining to the lands from which the funds have been received; (c) Used only in accordance with an annual written plan which may provide for: (A) The full or partial funding of targeted fire prevention and suppression resources which are needed to minimize cost and risk while maximizing the effectiveness and efficiency of the protection of values at risk from wildfire; Page 21 of 22 (B) The full or partial funding of projects which will assist, encourage or promote owners to minimize and mitigate wildfire hazards and risks. Examples include: (i) Providing labor and/or equipment for fuels reduction activities; (ii) Assisting owners who are physically or financially unable to complete the work necessary to meet the standards set forth in OAR 629-044-1060 to 629-044-1085; and (iii) Providing rebates for owners who have lands which meet the standards set forth in OAR 629-044-1055 to 629-044-1085. (C) The full or partial funding of special or unique costs of assessment processing, certification administration, or program administration, so long as such an amount does not exceed $10 per tax lot or parcel of real property. (2) Assessments levied pursuant to ORS 477.060 shall be: (a) Levied only after being approved by an advisory and guidance committee, pursuant to ORS 477.240; (b) Levied on a per tax lot or parcel of real property basis; (c) Levied in an amount which does not exceed $25 per tax lot or parcel of real property. The determination of lots or parcels of real property shall be made pursuant to ORS 477.295; and (d) Based on the classification of the lands classified by a committee. Stat. Auth.: ORS 477.060 Slats. Implemented: ORS 477.060 Hist.: DOF 9-2002, f. 9-19-02, cert. ef.11-15-02 r` Page 22 of 22 Oregon Department of Forestry Central Oregon District Sisters OR 97759-9910 Nnt • "''alJrff n Ca()lf~ HC J~.. . 'Str firrem ~nr+,•Fl~ hnn•w~c 132 G ~.+r7. ....t ; Vr' r oa ~r G~~ryTd 'a NO Iru Dear Property Owner, GIT 97739 11II11JLJ1.I Your property has been included in a forestland-urban interface area and has been assigned a fire-risk classification, in ac- cordance with the Oregon Forestland-Urban Interface Fire Protection Act of 1997. This means that your property is one of more than 30,000 in Deschutes County that is located in an area where destructive wildfires are likely to occur. It is hoped that compliance with this act will make an environment in which destructive wildfires are less common, and which is safer for firefighters and residents in the event a wildfire does occur. To comply with the act, and to improve the chance that structures on your property will survive a wildfire, you are asked to take fuel-reduction measures on your property. The publication accompanying this letter explains the fuel-reduction mea- sures required by the act. Once the ft.iel-reduction measures are complete, you may fill out, sign and return the attached self-certification card to the Oregon Department of Forestry. You have two years after receiving this letter to return the certification card. After that period of' time, the owner of a property that is not certified may be billed for certain fire suppression costs if a wildfire occurs on the property. Property certification is valid for five years from the date the certification card is received by the Department of Forestry. Re-certification is necessary every five years, or when a property is sold to another party, or when a structure is added to If you have questions or concerns about the Oregon Forestland-Urban Interface Fire Protection Act of 1997, the materials you have received, or your obligations under this act, please call the Oregon Department of Forestry at (541) 549-6761, or visit ODF's World Wide Web site at wwwodf.state. or.us. Robert Young, District Forester ave any questions regarding this document or its contents, please contact Department of Forestry's Central Oregon District at (541) 549-6761. Evaluation Form s?o~~°~`I "'fq` vG Use this checklist to evaluate what you may need to do to comply with the Oregon Forestland-Urban Interface Fire Protection Act's standards. soy yo la Within 30-50 feet of the house, evaluate what you may need to do to create a primary fuel break: ❑ Is the area substantially composed o4nonflammable ground,cover? If not, tall grass will need to be cut, and needles and leaves raked and removed. F1 Are trees and shrubs green and healthy? If not, remove dead branches, and dead or dying trees and shrubs. Are the lowest branches of trees directly above shrubs or tall, dry grass? If so, these ❑ lower branches must be pruned, or the vegetation beneath them trimmed or re- moved, or the grass trimmed to a height no greater than four inches. ❑ Are trees and shrubs growing in large, continuous thickets? If so, consider thinning some of them; it is recommended that you consult a forester before cutting trees. ❑ Is your roof covered with flammable material, such as cedar shakes? If so, a secondary fuel break needs to extend beyond the primary fuel break an additional 20-70 feet. Other considerations: ❑ Is your driveway longer than 150 feet? If so, brush needs to be cleared 10 feet from both sides of the centerline, and overhead branches must be removed to 13' 6". ❑ Are any tree branches within 10 feet of a chimney that vents a wood-burning fireplace or stove? If so, the branches will have to be removed. ❑ Do any dead branches hang over the roof? If so, the dead branches will have to be removed. F1 Are lumber piles or firewood piles stored under wooden decks or stairways? If so, the firewood and lumber will have to be removed. ❑ Is there an accumulation of tree needles, leaves and other fine, woody debris under wooden decks or stairways? If so, this debris will have to be raked and removed. ❑ Is a pile of firewood next to the house? If so, by the time fire season starts, the fire- wood pile will need to be fully enclosed, or moved at least 20 feet from the house. Are there vents in attic, soffits and foundation? Are there openings to the undersides ❑ of wooden decks and stairways? If so, these openings need to be covered with 1/4" metal screen, or other nonflammable material. Are there spark arresters in the chimneys and vents of all wood-burning devices, such ❑ as fireplaces, wood stoves, barbecues and incinerators? Is there a safe disposal site for ashes and charcoal? If not, screens must be installed and a disposal site created. ❑ Do the gutters contain dry leaves, needles and other fine woody debris? If so, these need to be cleaned, and fitted with screens or covers to keep debris out. IMr~rFgc 3 ~9 3 y ~O~ ~otil ..tin MI f r~ ~c~ SKELETvW HiiE, 1996, BEND. O[ COVER PHOTOS BY ODF Et NIFC. ~~,Q►NINTERjrq~ ` z ti bat o ~ This publication is produced by the Oregon Department of Forestry for the purpose of aiding people who own property within a forestland- urban interface area in Deschutes County. The information within this document is intended to help a prop- erty owner evaluate a property and structure's vulnerability to damage or destruction by wildfire, and choose measures which will make a property compliant with the standards of the Oregon Forestland-Urban Interface Fire Protection Act of 1997. Once a property complies with the act's standards, a property owner may certify that his or her property is in compliance by responding with the certification form that accompanied this guidebook. If you have questions, or need assistance, please call the Oregon Department of Forestry at (541) 549- 6761, or write: Fire Protection Act Oregon Dept. of Forestry P.O. Box 190 Sisters, OR 97759 Information is also available online at: wwwodf.state.or.us Contents Evaluate your property 4 The fuel-reduction standards 6 Default standards 7 Primary fuel break . 8 Secondary fuel break . 9 Ladder fuels 10 Pruning tips 11 Thinning basics 12 Fundamentals of fire 13 Driveway fuel break 14 Roof and chimney clearance 15 Under-deck flammables 16 Firewood pile location 17 Roadside and property line fuel breaks 18 Optional standards 19 Required fuel breaks 19 Secondary fuel break option 19 Wildfire safe access option 19 Fire-resistant structures option 20 Low ignition risk property option 21 Alternate standards ........................................22 Questions and answers .....................................23 World Wide Web resources ................................24 Administrative rules ........................................25 The Oregon Forestlancl-Urban Interface dire Protection Act n 1997, the Oregon Legislature passed the Oregon Forestland-Urban Interface Fire Protection Act. The law responded to several escalat- ing problems: wildfires burning homes, firefighters risking their lives in conflagrations, and the rising cost of fire suppression. The act provides four important steps that lead toward an effective protection system by establishing legislative policy regarding foresdand- urban interface fire protection; c.efining forestland-urban interface areas in Oregon, and establishing a process and system for classifying fire risk in these areas; establishing standards for forestland-urban interface property owners so they can manage or minimize fire hazards and risks; and provid- ing the means for establishing adequate, integrated fire protection systems in forestland-urban interface areas, including education and prevention efforts. AUGUST 2004 a~ Fuel breaks around structures Research has shown that fuel reduction around a structure can significantly increase the structure's chance of surviving a wildfire. Fuel, to a wildfire, is anything that can burn - needles, leaves, dry grass, firewood, cedar shake roof- ing, wood siding, wooden decking. Fuel reduction means to lessen the amount of fuel available to a fire, to increase the distance between fuels, and to insulate fuels so fire can't get to them. In another way, fuel reduction does not mean cutting down all trees and shrubs around a structure, or creating a bare-earth ring around a home. It does mean to arrange trees, shrubs and other fuel sources in a way that makes it difficult for fire to transfer from fuel source to fuel source. For example, a continuous car- pet of ponderosa pine needles is a source of fuel for a fire. If this carpet of pine needles leads, unbroken, from the yard to the underside of a wooden deck, the needles act like a fuse to dynamite. If the wooden deck catches fire, the entire house is jeopardized. However, by raking foot-wide fuel breaks through the carpet of needles, and removing burnable debris from beneath the deck, the fire-transmission problem is dramatically reduced. The fuels have either been dispersed or eliminated. Fuel reduction in regard to trees and other plants means to favor plants that are fire-resistant, and to reduce - and isolate - plants that are more vulnerable to fire. When evaluating the area around structures on your property, focus on the first 30-50 feet from the structure's outside walls and think like a fire (see page 13). What will burn easily and spread fire rapidly? Is the ground cover around the structure green, well-watered lawn? Or is it tall, dry grass? If it is green lawn, it is fire resistant (especially when frequently watered). If it is dry grass, it will ignite easily and carry fire rapidly. Are the trees fire-resistant spe- cies, or are they fire-vulnerable? Pon- derosa pine, Douglas-fir and quaking aspen are three fire-resistant species. Western juniper, on the other hand, is fire-vulnerable. In general, favor trees that are ma- ture and in good health. Consider removing trees that are suppressed or damaged, or that can act like a ladder for fire - transferring ground fire to the crowns of taller trees (seepage 10). Remember to con- sider the role a tree may play if fire threatens your prop- erty. If the tree is large, healthy and green, it can shield a structure from intense radiant heat and airborne embers. Strongly consider retaining such trees, but help them by remov- ing fuel sources that may transmit flames to their branches and crowns. Shrubs can help protect taller trees and structures if the plants are fire-resistant, kept in a healthy condi- tion, and are well-watered. Examples of fire-resistant shrubs are Pacific rhododendron, Oregon boxwood and mockorange. Shrubs that are more fire-friendly include bitter- brush, manzanita and ceanothus. Also, ornamental junipers are haz- ardous because they catch fire easily and create intense flames quickly. When evaluating trees and shrubs around a structure, take into account the plants' species, health and size. Also, imagine how fire would behave if it were in the yard. Ask yourself- • will thinning (not eliminating) the trees around the structure help to keep fire from transfer- ring to other trees? • will thinning shrubs from beneath trees help to keep fire from climbing into the crowns of trees? Or will removing the lower branches of trees accom- plish this better? • are there fire-vulnerable plants next to the house? One helpful resource about selecting native, fire-resistant landscaping plants is this brochure. To get a copy, write, visit or call: Deschutes County Extension Service Oregon State University 3893 SW Airport Way Redmond, OR 97756-8697 Phone: (541) 548-6088 The roof A home's rooftop is a large land- ing zone for airborne embers and glowing ash - even surprisingly large chunks of cone and slabs of bark - propelled aloft by a nearby wildfire. Accumulations of dry needles, leaves and twigs on a roof can be easily ignited on a summer day. Finding and eliminating rooftop fuels is a big step toward protecting a home against wildfire damage. Gutters are excellent catch- basins for tree needles and leaves - which, when dried in a few hours of sun, are easily ignitable. Once a gutter fire gets started, the flames can get beneath roofing material - even eg6QResist,., Ut 1104 y~Ve dfe'OPes 4 nonflammable roofing - and ignite plywood sheathing, tar paper, or the ends of wooden stringers that sup- port tile and slate. Are there hidden accumulations of dry needles and leaves on the roof? Look in downwind collection points. As wind travels around and over a house, it wraps around roof- tops, chimneys and walls. It eddies in sheltered areas and drops whatever it has been carrying. Find these wind- borne fuel deposits and clear away potentially flammable debris - be- cause the next summer wind could bring hot embers, and the wind will drop them in exactly the same place. Open attic and soffit vents should be covered so burning debris can't get in. During a wildfire, a bliz- zard of glowing embers can be un- leashed. It doesn't take long before a quantity of this hot stuff finds it way through attic openings, and settles down to start fires in the very dry lumber supporting your roof. Fire- fighters may overlook a germinating attic fire - their attention occupied with more visible fires at the ground level. It may take hours before an attic fire becomes visible, but by that time it is often too late to save the home from severe damage. Last but not least, assess the flammability of your home's roof covering. If the material is metal, tile or slate, it will be nonflammable. Asphalt shingles are also resistant to burning. Untreated cedar shakes, conversely, are highly flammable. Wind and slope If your home sits on a slope, pay particular attention to fuels on the downhill side of the house because fire burns rapidly upslope. Take note, too, of the prevailing wind direction during the hot months of summer. If a hot summer wind could push a fire toward your house, you'll likely want to increase your fuel reduction efforts on the upwind side of your home. Likewise for homes sited on a steep slope, the fuel reduction emphasis should be on the downslope side of the home. Access Firefighters can't defend a home against a wildfire if they can't get to the home. The driveway is an impor- tant factor in helping firefighters in their endeavor to protect your home. Is your driveway able to accom- modate a fire truck? The minimum width necessary is 12 feet, and the minimum overhead clearance is 13 '/2 feet. Clearing away excess brush and tree branches also helps firefighters see up the driveway. If they can see where they're going, firefighters can be more certain that they have a safe environment to make a stand against the wildfire. The driveway is also important for the residents. Oftentimes, when a large wildfire threatens homes, the residents are asked to evacuate the area. Once an area is evacuated, firefighters are able to perform their tasks without having to worry about residents becoming trapped by the flames. However, if residents are un- able to leave their homes because es- cape routes are blocked or otherwise unusable, then residents may have little choice but to stay home. If you have a long driveway and it is bordered by trees and brush, strongly consider these actions: • meet or exceed the drive- way and structure fuel break requirements of the Oregon Forestland-Urban Interface Fire Protection Act • meet or exceed the act's stan- dards for primary and second- ary fuel breaks around struc- tures on your property • invite a member of your local fire department to evaluate your driveway and the area surrounding your home for ac- cess and defensibility. Evaluate your property Other considerations . Well-established and maintained fuel breaks around structures and driveways are strong steps toward protecting your home and property against severe wildfire damage. Here are some additional steps that will make your home and the area around it more fire-resistant: • cover under-deck openings with screening or skirting • move firewood and lumber piles away from structures, or fully enclose the piles • remove dead branches over- hanging the roof, and clear all branches away from chimneys Also • develop a water source that isn't dependent on municipal power for flow and pressure • employ fire prevention practic- es and follow local restrictions when burning debris • dispose of fireplace and barbe- cue ashes in a safe place • keep hoses and sprinklers where you can easily find them, and decide where to set them up to do the most good (i.e. on top of a cedar shake roof, or a wooden deck) • practice what you and your family will do, and where you will go, in a fire emergency • follow American Red Cross guidelines for packing an emer- gency survival kit • if you have pets or livestock, plan how to care for them dur- ing a fire emergency, or find out whether there is an animal evacuation center in your area • review insurance policies you have purchased on your home and its contents. What are the conditions for replacement? Are the dollar amounts suffi- cient to rebuild? Planning for a fire emergency will help to keep it from turning into a disaster. 5 Fuel reduction standards 4 ~ t 0 J m z m There are three categories of standards to choose from to satisfy the fuel reduction goals of the Oregon Forestland- Urban Interface Fire Protection Act. The Default and Optional standards prescribe fuel reduction steps to take to make a structure and its surrounding landscape more fire- resistant. Review the steps for each set of standards on the following pages to decide which standards will work best for you and your situation. Alternate standards are a unique plan to be developed between a property owner and the Oregon De- Default Standards 6 Establish a fuel break around structures Improve driveway access for fire trucks Remove tree branches near chimneys Remove dead branches overhanging a roof Move firewood away from structures, or cover it Remove flammables from under decks and stairways Create fuel breaks along roadsides and property lines' partment of Forestry. Essentially, Alternate standards are steps that a property owner will take to meet the same goals of the other standards, but in a manner that better suits the property. The Default, Optional and Alternate standards may be ap- plied to any property with struc- tures. Only the Default standards may be applied to a property without structures. If after reviewing the stan- dards you feel unsure about which standards to follow, consult with an Oregon Department of Forestry fire prevention advisor, or secure the ser- vices of an accredited assessor. These people can advise you about the best course of action to take. Optional Standards Establish a primary fuel break around structures Create fuel breaks along roadsides and property lines 2 Option 1: Make structures fire resistant Option 2: Extend fuel breaks around structures Option 3: Improve access for fire trucks Option 4: Reduce ignition risks on property Alternate Standards unique fuel-reduction plan 1. Applies only to properties with a fire-risk clas- sification of High-Density Extreme. 2. Applies only to properties with a structure and a fire-risk classification of High-Density Extreme. Following the steps described in the Default standards will make a home and its sur- rounding property less vulnerable to damage or destruction by a wildfire. It will also make a property eligible for certification under the Oregon Forestland-Urban Interface Fire Protection Act. If at any point you find that the Default standards cannot be applied to your situation, or a different ap- proach will provide better protection, you may instead choose the Optional or Alternate standards. Default standards Step 1: Establish a 30-foot primary fuel break around the home, and any other structures on the property. Find out more about creating a pri- mary fuel break on page 8. Step 2: Determine whether a secondary fuel break is necessary. There are two determining factors: a property's fire-risk classification and whether the roofing material on the structure is of flammable or nonflammable material. See the "Secondary fuel break table" on page 9. 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 feet long or longer, a fuel break must be established. The driveway fuel break standards are on page 14. Steps 4 £t 5: Remove any por- tion of a tree that is within 10 feet of a chimney, and remove all dead vegetative material overhanging the roof. Read more on page 15. Step 6: Clear flammable materia_ out from beneath decks. More details are available on page 16. Step 7: Move firewood and lumb°r piles at least 20 feet from structures. This must only be done during the months of fire season. See page 17. Step 8: Create fuel breaks along roadsides and property lines. This step applies only to properties with a fire-risk classification of High-Den- sity Extreme. Once all of the Default stan- dards are satisfied, a property can be certified. V Z Roofing: is it flammable or nonflammable? Examples of nonflammable roofing material are: • slate • ceramic the • composition asphalt • metal R. /r Untreated cedar shakes and shingles are flammable. - 0 J m a m Default standards The fuel break may use natural firebreaks, such as a rock outcropping or a water body, or it t can be completely man-made. hrhe J~p ~Ses~ In the primary fuel break zone: edLtCed • Ground cover should be substantially efi"ort by c be non-flammable. Examples of this include im S OIl th jhg feclYVe asphalt, bare soil, clover, concrete, green medla~e S the Scructue1~igat.~,oJ0 grass, ivy, mulches, rock, succulent w'r ground cover or wildflowers. ~hdIngs nd its • Dry grass should be cut to a height of less than four Co inches. Primar ~uel kreaL 4 d%' •10 065 he first step in both the Default and the Optional standards is to establish a 30- ~v foot primary fuel break around struc- tures. A correctly developed fuel break should slow the rate of spread and the intensity of an ad- vancing wildfire, and create an area in which fire suppression operations may safely occur. The primary fuel break begins at the outside 4Z edge of a structure's furthest extension. This may IRF~ be the edge of the roof eave, or the outside edge of a deck attached to the structure. The shape of the fuel break mirrors the footprint shape of the structure and anything that is attached to it. Fuel break distances are measured along the slope. No fuel break needs to extend beyond the property line. 10 • Cut grass, leaves, needles, twigs and similar small vegetative de- bris should be broken up so that a continuous fuel bed is not created. Shrubs and trees should be maintained in a green condition, be substantially free of dead plant material, and have any poten- tial "ladder fuels" removed. • Trees and shrubs should also be ar- ranged so that fire cannot spread or jump from plant to plant. Some thinning may be necessary to accomplish this. e AVOID INVASION! Keep noxious weeds off your property. Learn to identify them and remove them whenever you find them. Treat bare soil areas with weed-free seed to deprive noxious weeds of growing space. For more information, contact the Deschutes County Extension Service at (541) 548-6088. 8 gyn. ~o J ~m i ~o ~ ~ ,fl f) d DRIVEWAY C jak. AL- Jok O C.Ko~ d 0 WALKWAY vo © OoC3Q a r 4 ,CDQ v T v a 0 CL cc v 0 ~I c I U/ Y vl 2I I ~I wl w cj~I Ln QQ o , I Q8 1 10, Default standards Secondary duel break he secondary fuel break increases a structure's distance from poten- tially flammable natural vegeta- tion. It also helps to create a safer zone for firefighters to operate in. The added fuel break distance will also create an emer- gency safety zone for residents who may have to stay at home during a wildfire emergency. The secondary fuel break begins where the primary fuel break ends and continues an additional 20-70 feet (depending on your property's fire-risk classification and the type of roofing on T i the structure), or to the property line. See the "Secondary fuel break table" below to determine how big the secondary fuel break needs to be on your property. Characteristics of the secondary fuel break include shrubs or trees that are: • green and healthy • substantially free of dead branches • pruned where necessary to keep fire from "laddering" into tree crowns • thinned to whatever degree neces- sary to prevent fire from transferring from plant to plant. • r 2. Nonflammable 3. Flammable roofing material roofing material None None od te None None High None 20 feet Extreme Et High-Density Extreme 20 feet 70 feet io use tins taote, rind your property's hre-risk classification in column 1. If the structure on the prop- erty has nonflammable roofing, find the value in column 2 that is on the same line as your fire-risk classification. If the structure has flammable roofing, use the values in column 3. Properly constructed primary and secondary fuel breaks help keep fire on the ground (above) where firefighters can work to safely contain it. A secondary fuel break adds distance between flames and a house. A fuel break that is too small is little defense against a forest fire's intense heat (left). 9 Default standards To keep fire out of tree crowns, it is necessary to disrupt a fire's pathway to branches, needles and leaves. The strategic removal of lower tree limbs - which act like rungs of a ladder that a fire can climb - can make the difference between a scorched trunk and a tree stripped of all foliage. Most wildfires start on the ground in the smallest fuels - needles, leaves and dry grass. Fire will continue to spread upward - up a hill, up a tree - unless pathways to fresh fuel are interrupted (left). Removing ladder fuels helps to keep fire on the ground; where it is manageable, rather than in the tree crowns, where fire is difficult to control. z , a. W~ . 7 J'J k ° a.r~ ,6' J t eP How high can f lames fl ? About three times higher than the height of the plant that is burning. Shrub heig h t 1 2 3 4 5 7 8 9 tl ="I 9 12 15 18 21 24 27 All measurements in feet Shrub height X3 Shrub height Option 1: Remove tree limbs within the trim zone 10 Option 2: Remove the shrub Ladder fuel trim zone: Shrub height X 3 Pruning Do's Remove live branches from hard- wood trees during late winter or early spring, when the tree is dor- mant. Conifer trees may be limbed any time, except during early summer. When deciding which live branches to remove, first choose those with poor health or little green foliage. Next, choose branches that are dam- aged, misshapen, or interfering with other branches. Remove dead branches any time of the year. Use sharp tools and make clean cuts. Protect the branch collar Z)Ltfp L: HUUVe We notch, cut off the branch , The notch ` will limit splintering and cracking when the heavy end of the branch falls Pruning Don'ts Painting wound dressing on pruning cuts is unnecessary and can actually hurt the tree by causing the pruning cut to seal slower. Cutting branches flush with the trunk will rob the tree of natural chemicals used to close the wound. This will lead to decay in the tree. Never remove more than one-third of a tree's live crown. Default standards i I: 1 , ~ but a a' Ste? Vre doh it ro ~e~5~de ' o ire l r, b<ar~r Step 3: Make final cut along the bark branch collar 1 `ti " k 7 t, LON J a M m r Default standards Taiinnine kasiC5 The purpose of thinning trees and shrubs is to reduce the likelihood that fire will jump from plant to plant. Once a fire's ability to transfer to other plants is reduced, it will quickly and dramati- cally lose intensity. When choosing which trees or shrubs to remove, choose the ones that have the poorest vigor. Signs of poor vigor include numerous bare or spindly branches, poor color in the leaves or needles, and evidence of parasites, such as insects or fungus. rL-....t.-: -,JIM ;f r fire and prun- f v. 'UMP from No moonscaping Thinning is good but don't overdo it. Healthy trees - can shield a home from `V airborne firebrands.` If you aren't sure what to , cut, consult a forester or tree. - r care professional before using the saw. w 12 Default standards Fire needs three fundamental elements for it to occur: 1. There must be fuel 2. There must be oxygen 3. There must be heat Remove any one of these ele- ments and fire will go out or fail to start. Since you cannot control the amount of oxygen in the atmo- sphere, and have limited control over natural sources of heat (such as lightning), it becomes all the more important to focus on the element you can control: fuel. A fire's behavior how it moves is also controlled by ele- ments in its environment. Basical- ly, fire behavior is influenced by: 1. Available fuel 2. Weather factors, such as sun and wind 3. Topography You cannot change the weath- er, and in most cases you can't flatten mountains or fill in valleys. But you can control the amount of fuel available to a fire. The common denominator in the fundamentals of fire and the fundamentals of fire behavior is fuel. This is something that you can control that will reduce the likelihood of a fire starting and spreading. Pop Quiz Answers: 1 - H. Nearly every- thing in this photo will burn, except the metal ladder and the metal vent pipes. The glass won't burn, but it will burst - letting fire into the house - especially if the deck catches fire. 2 - C. The shake roof is this home's greatest liability. Fire- brands from a wildfire a mile away could set this house on fire, and the resulting intense fire could burn the house to its foundation in minutes. 3 - F. The trees are of least concern. Green, healthy tree crowns can protect a roof from airborne sparks and firebrands. These trees have had their lower branches removed, mak- ing them less likely to transfer fire from the ground to the crowns. Fundamentals of {ire aI 1 LIGHTNING MATCH Air4ox PGEW) CIGARETTE BUTT ® FIRE FUEL +wiR•FWEAT= FIRE 0 0 1. What sources of fue[ for a fire do you see in this photo? A. Tall, dry grass E. Wooden posts B. Wooden deck F. Trees C. Shake roofing G. Pine needles D. Wooden siding H. All of the above 2. Which fuel is of greatest concern? 3. Which fuel is of least concern? 13 Common denominator = fuel Default standards Driveway ~ucl break The driveway fuel break is intended to create clearance for a fire truck, as well as to slow the rate of spread and inten- sity of a wildland fire. It also is where fire suppression may more safely occur. The clearance space in the driving area must meet these speci- fications: • the horizontal clearance must be at least 12 feet • the vertical clearance must be at least 13 '/s feet The fuel break can be natural or man-made and must have these characteristics: • the fuel break must extend 10 feet from each side of the driveway's centerline, creating an area that is at least 20 feet wide, including the driving surface • the ground cover must be substantially nonflammable, as detailed in the section about the primary fuel break on page 8 • healthy trees and shrubs must be thinned and pruned to mini- mize a wildfire's spread • the plants must be substantially free of dead material • for further guidance, see the secondary fuel break, ladder fuel and thinning sections on pages 9, 10 and 12 CA 12 feet ~ 4AMOW ML~ L ®D 12P) IF A properly developed driveway fuel break has plenty of horizontal and vertical clearance. 14 Standards for driveways apply to driveways longer than 150 feet. If you have a long driveway, you'll need to make sure a fire truck can fit beneath limbs and between trees and shrubs, and create a roadside fuel break so firefighters will have a safe place in which to set up and work. 0 a y I e ' J aN o Z m K a l W~i4, Default standards Rood and chimney clearance Sparks from a chimney connected to a fireplace or wood-burn ing stove could catch tree branches on fire. To reduce the chance of this happening, trim all branches ten feet away from a chimney that vents a wood-burning fireplace or stove. '10-foot clearance All dead branches overhanging any portion of the roof must be removed. Dead wood catches fire easier than live, green wood. Airborne embers could cause dead branches to ignite, starting a crown fire in the trees above your home's roof, or dropping burning debris onto your roof's surface. Trimming limbs hanging over the roof can be dangerous. Consider hiring a certified arborist or tree care profes- sional for this job. 15 Default standards Under-deck flammakles A burning wooden deck or stairway may catch the rest of the house on fire. The best way to keep that from happening is to clean flammable material out from beneath exterior wooden decks and stairways. Firewood and lumber need to be removed. Dry needles, leaves and other litter needs to be raked out and removed. Keeping the space under wooden decks and stairways clean - and enclosed - is one of the best ways to keep a house safe during fire season. u. e Removing flammable debris from under a deck is only half the battle. Keeping this debris out is the other half. Metal screen, with 1/4-inch mesh or smaller, will help keep needles, leaves and other poten- _ , t 1 b A, A 4 d# E L14 4 A 1 f tial fuels from 1I11~ 1i1.k_ 1 Ll it ; accumulating in hidden places. ,slN1YT -11111 ~j. r [A L_, 1,.1', Screening, or ~L' 'rz,rx.,~ t"r a l skirting, will also I~`i,~1 help to keep out Ilt;~`L,Ax`F hot ash, airborne embers, and t qj r 1 t ~a [ other fire-causing d;`~'K'!1,tt Ax + k ~ debris. A forest fire like this one can send tons of glowing debris skyward. If your property is downwind of an N"inferno like this expect lots of NO hot stuff to land VjO N~j,` in your yard r~r 10 and on your fi `~`,tt•" l d~ roof, and to drift under ,p. i p~`' P ; your deck. 16 fe r i f Y 0 440 Default standards L ij 0 m a a m O ■ a A flaming firewood pile that's too close to a home (left) could catch the wood siding on fire and blow out windows - giving fire access to the home's interior. Twenty feet of open space between the firewood pile and the house will greatly help the home outlive the firewood pile. 17 Fire-wood P ie location F firewood stacked next to a house (illustration 1) is a ready source of ignition and can become a source of intense, sustained heat if it should catch fire. This could ignite the house's siding or eaves, and cause the windows to break, allow- ing fire to enter the house. To eliminate this problem, either move the firewood 20 feet from the house (2) during fire season, or build an enclosure around the firewood (3). Roadside & Propci-tif line ~uel breaks Properties with a fire-risk classi- fication of "High-Density Ex- treme" must have fuel breaks along all property lines and road- sides. This is to reduce the potential of a wildfire crossing from a neigh- boring property onto your property, and vice versa. These fuel breaks will also act as safety zones for firefighters working to defend homes and prop- erties against wildfire damage. A roadside fuel break: • begins at the edge of any road that is adjacent to or runs through the property • extends for a distance of at least 20 feet from the roadside, or to the property line, which- ever is shortest A property line fuel break: • begins at the boundary with an adjacent property • extends for at least 20 feet from the boundary, or to another property line, whichever is shortest The distance for both the road- side fuel break and property line fuel break shall be measured along the slope. Natural features, such as rock- fields and water bodies, may be incorporated into fuel breaks. In general, the fuel breaks shall have these characteristics: • ground cover will be substan- tially nonflammable; that is, the ground shall be covered with nonflammable material, such as asphalt or concrete, or covered with fire-resistant plants, such as green grass, ivy or wildflowers dry grass shall be mowed to a height of four inches or lower 18 • areas of continuous cut dry grass, leaves, needles and other fine, dry natural fuel shall be broken up or separated with fuel breaks to disallow the transfer of fire • trees and shrubs shall be green and healthy, and free of dead --J_ - vegetative material • potential ladder fuels shall be removed (seepage 10) • trees and shrubs shall be thinned to an extent that the potential transfer of fire from one plant to another is disrupt- ed (see page 12) CQCCPC~ G~ 0 Rz~~Zb A&. PIS 0 'nu P .0 L I a...... DRIVEWAY LU I Ln 'CO a C7o~ c~ f)o~ WALKWAY Jaw JAVAL I CO, Mak, I a ~ I C QQ0Q-kip DOI 11 0 0 Default standards n the event that the Default standards cannot be applied to your property, then the Optional standards may better suit your situ- ation. If neither the Default nor the Optional standards are suitable for your property, then an Alternate standards plan must be written (see page 22). The Optional standards may be applied to properties that have a structure. In all cases, a 30-foot pri- mary fuel break must be developed around structures. Properties rated "High-Density Extreme" must de- velop 20-foot-wide fuel breaks along roadsides and property lines. The minimum number of op- tions that must be employed depends on the property's fire-risk classifica- tion. A property rated "High" must employ at least two of the options. Properties rated "Extreme" or "High-Density Extreme" must employ at least three of the options. Primary fuel break The primary fuel break is required of everyone who chooses to follow the Op- tional standards. The char- acteristics of the primary fuel break are: • the fuel break must ex- tend 30 feet from a structure's furthest extension • the ground cover must be sub- stantially nonflammable, and dry grass must be mowed to a height of 4 inches or shorter • trees and shrubs must be green and healthy, substantially free of dead branches and other material, pruned where neces- sary to deter fire laddering, and thinned to whatever degree necessary to prevent fire from transferring from plant to plant See more about creating a primary fuel break on page 8. PHOTO BY ANDREA BOOHER/FEMA Roadside and property line fuel breaks Properties classified "High-Deri- sity Extreme" must have fuel breaks along property lines and roadsides. These fuel breaks must be at least 20 feet wide. In general, the guide- lines for these fuel breaks are the same as for fuel breaks around structures: • the fuel breaks will slow a wildfire's rate of spread • they will also reduce a wildfire's intensity • the ground cover in the fuel breaks will be substantially nonflammable AlIIII • trees and shrubs within the fuel breaks will be maintained in a green, healthy condition and kept substantially free of dead plant material See more about developing fuel breaks along roadsides and property lines on page 18. Secondary fuel break option The secondary fuel break option is to increase a structure's distance from potentially flammable natural vegetation. The secondary fuel brea c begins where the primary fuel break ends and continues for an addi- tional 20 feet, or to the property line. Characteristics of the secondary fuel break include shrubs or trees that are • green and healthy • substantially free of dead branches and other material • pruned where necessary to deter fire laddering • thinned to whatever degree necessary to prevent fire from transferring from plant to plant See more about developing a secondary fuel break on page 9. Wildfire-safe access option The wildfire-safe access option is intended to create horizontal and vertical clearance to accommodate a fire truck. This option also re- quires a fuel break adjacent to the driveway. The standards require: • horizontal clearance above the driving surface to a width of 12 feet, and vertical clearance to a height of 13 '/2 feet • a fuel break that extends 10 feet from each side of the driveway's centerline • in the fuel break, the ground cover must be substantially nonflammable, and dry grass must be mowed to a height of 4 inches or shorter • trees and shrubs must be green and healthy, substantially free of dead branches and other material, pruned where neces- sary to deter fire laddering, and thinned to whatever degree necessary to prevent fire from transferring from plant to plant For more information about creating a driveway fuel break, seepage 14. See more options on pages 20 Et 21. 19 optional standards Ym The standards of this option are intended to Sig- nificantly reduce the chance that a structure will incur damage from a wildfire. To meet this standard, a structure must have: • nonflammable roofing material • exterior openings, such as attic vents and the undersides of decks, covered with metal screen having a mesh no larger than 1/4 inch • potentially flammable debris cleared from beneath all attachments to the structure, such as decks and porches (see page 16) • tree limbs within 10 feet of a chimney or stovepipe, and dead vegetation overhanging the structure, removed (see page 15) • firewood and lumber piles moved 20 feet from the structure during fire season, or the piles must be fully enclosed (see page 17) _AW Flame-resistant roofing material 1 of 1 9 X7 t 7 a 111 Ill ll[ II[ III 0 0 Other tips for fire- resistant structures - • use double-pane windows for increased heat resistance • don't put highly flammable plants (such as arborvitae) beneath windows • keep rain gutters free of easily ignitable debris, such as needles, leaves and twigs • make sure chimneys and stovepipes for wood-burning devices have spark arresters • ensure all exterior doors and windows close tightly and have good weatherstripping • find anc clean collection points for needles, leaves and other wind-transported, flammable debris (so airborne embers won't start a fire) 20 PMI .*~kmft Branches trimmed WPAJI 1 10 feet from chimney ollowing the stan- dards for this option will reduce the likelihood that a wild- fire will be started on the property. To comply, land- owners must follow these fire prevention practices: • open fires will be started only when permits have been ob- tained and fire safety require- ments have been met • no one under the age of 16 shall tend or maintain an fi Optional standards Be part the fire-prevention open re • open fires shall only take place when weather conditions permit safe burning • fire lines shall be constructed around the place where an open burn is to occur • fire tools and water shall be close at hand whenever an open burn is conducted • chimneys and stovepipes shall have 12-gauge metal spark arrester screens with mesh size no FOREST FIRE larger than DANGER TODAY 1/2 inch OO~PpTE N/r,H • grills, ILA outdoor fireplaces and similar devices shall be in good condition and have spark arresters or screens over all openings • ashes and coals shall be dis- posed of in a manner to prevent the unintended start of a wildfire • outdoor equipment capable of generating heat, sparks or fire shall be used only when in compliance with permits and fire safety requirements. Only you Open burning regulations and restrictions Burning restrictions may not be the same throughout DeschuteS County. Call the nearest fire department, fire protection district or Oregon Depart- ment of Forestry office for current information. • Bend Fire Department and Deschutes County Rural Fire Pro- tection District #2, (541) 322-6335 • Redmond Fire Department, (541) 504-5000 • La Pine Rural Fire Protection District, (541) 536-9056 • Sisters-Camp Sherman Rural Fire Protection District, (541) 549-2333 • Black Butte Fire District, (541) 595-2288 • Sunriver Fire Departmen-:, (541) 593-8622 • ODF Central Oregon District, (541) 447-5658 To report a fire, call 9-1-1 21 f you are unable to follow either the Default or Optional standards because of unique circumstances on your property, you may choose to develop an Alternate standards plan. This may also be the preferred course of action if an Alternate plan would provide better fuel-reduction results than if you had applied either the Default or Op- tional standards. Alternate standards may be ap- plied on properties with structures, regardless of fire-risk classification. It is recommended that you work with an accredited assessor or other wildland fire protection professional on developing the Alternate stan- dards plan. The Alternate standards plan must be written on an Alternate Standards form, which may be obtained from a Department of For- estry office, or may be downloaded from the department's World Wide Web site at www.odf.state.or.us. Before a plan can be used, it must be approved by the district forester. To be approved, the plan must provide equal or better protection from wild- fire than the Default standards or the Optional standards. The Alternate standards plan must also provide bet- ter protection than the roadside and property line fuel break standards required on properties classified as High-Density Extreme. The final plan must be signed by both the dis- trict forester and the property owner. An important component of an Alternate standards plan is a map of the property. Use the following conventions and illustrate essential elements: Orient the map so north is at the top of the page Mark the property's boundary lines 22 • Give dimensions of property • Show locations of structures • Illustrate locations of drive- ways, walkways and roads The map needs to show the ar- rangement of plants. Highlight those that are particularly vulnerable to wildfire (such as juniper, bitterbrush and manzanita). Also, illustrate fire- resistant features such as driveways, rock formations and water bodies. Note the direction of prevailing wind during summer months. Briefly describe the property's general topography. It is also important to Prevailing wind direction during summer Ln N show or note other elements, such as property easements, public utilities, reliable water sources, and estab- lished debris-burning sites. Describe how your Alternate standards plan provides wildfire protection for structures, and reduces wildfire potential on the property. What steps must be taken to achieve these goals? Draw a map to illustrate what the property will look like after the Alternate standards plan is put into effect. 1. 150' _I 11 What must a property owner do to comply with the Oregon Forestland- Urban Interface Fire Protection Act? Forestland-urban interface property owners will receive a property evalu- ation guide, instructions for how to comply with the act's fuel-reduction standards, and a certification form from the Oregon Department of Forestry. Once a property is brought into compliance with the act's fuel- reduction standards, the property owner signs and returns the certifi- cation form to the Department of Forestry. How often must proper- ty recertification occur? A property must be recertified every five years, or when a property is sold, or when a structure is added to the lot. Is a property owner responsible for creating a fuel break in an easement? The property owner is responsible for creating a fuel break in an ease- ment if the easement is a legally platted portion of the property. In the event that a property owner is prohibited from creating a fuel break in an easement on his or her prop- erty, an appeal may be made by the property owner to the local ODF dis- trict forester for a modification of the fuel reduction standards. This appeal must be made in writing. Quc.sbOn5 an answers What happens if a property isn't certified and a fire occurs? Under this act, the state is empow- ered to collect up to $100,000 of certain suppression costs from a landowner if: • a landowner does not certify his or her property • a fire originates on the property • the fire spreads within the pro- tection zone around a structure and driveway that does not meet the standards • and the Oregon Department of Forestry incurs extraordi- nary costs for suppression. The cost collection may be greater than $100,000 if a landowner is found to be willful, negligent or mali- cious in the origin of the fire. Will certification reduce a property's fire-risk classification? No. A forestland-urban interface area's fire-risk classification can only be changed by the county forestlana.- urban interface classification com- mittee. The committee meets at least every five years to identify forestland- urban interface areas within its area of jurisdiction, and to assign fire risk classifications to those areas. Can a homeowner be fined if his or her property isn't certified? No. There is no fine for not comply- ing with the act. What's an accredited assessor? An accredited assessor is a profes- sional who can evaluate foresdand- urban interface properties and certify a property for a property owner. There are three types of accredited assessor: • An independent contractor who holds an Oregon Construction Contractor's Board or Oregon Landscape Contractors Board license • An authorized agent of a struc- tural fire department or fire protection district • An authorized agent of a home or property owners association In all cases, accredited assessors must have wildfire suppression or preven- tion experience, or forestland man- agement experience, and a signed accreditation agreement from the Department of Forestry. Is it necessary to cut down a lot of trees to comply with the act's standards? In most cases, no. Healthy trees can protect a home from a fire's radiant heat, or airborne embers. It may be necessary to thin some young trees to reduce the volume of fuel on a prop- erty, but it is generally wise to leave the biggest trees, if they are healthy, since mature trees are quite resistant to damage from low- to medium-in- tensity wildfire. 23 Questions and answers Does the act replace or supersede other laws? The act and its administrative rules do not supersede or replace any federal law or regulation, any other state agency law or regulation, or any more restrictive local govern- ment ordinance or code. Conflicts with other laws and regula- tions, for which the state forester is responsible and has jurisdiction, shall be resolved within the scope of the state forester's authority. Compliance with the act does not relieve a property owner of the requirements of any other law or regulation that applies to the lands in question. ` ' ~ property owners need to meet the standards of the Oregon Forestland- Urban Interface Fire Protection Act, too? Maybe. If local government stan- dards, codes or ordinances meet or exceed the defensible space stan- dards within the Oregon Forestland- Urban Interface Fire Protection Act, the local standards take precedence over the act. 24 Can fuel breaks be created in areas that are designated as State Scenic Waterways? Follow these guidelines if forestland- urban interface property is within a State Scenic Waterway along the Deschutes River. Riparian vegetation is high in moisture content and will not need to be removed or manipu- lated. Landscaping (trees, brush, etc.) that provides screening between structures and the river must be maintained in a healthy condition. To ensure that your fuel-reduction plan doesn't compromise a scenic waterway: • Make a plan as to how to achieve primary and A wildfire often secondary starts in dry fuel breaks leaves, needles or around grass, which may quickly spread to structures heavier fuels, such a as a firewood pile, as map that which in turn may shows struc- cause significant tures, and damage. trees and brush to be thinned or trimmed • Submit the plan and map to the Oregon Parks and Recre- ation Department for approval prior to removing or manipu- lating any vegetation For more information or questions regarding state scenic waterways contact the Oregon Parks and Rec- reation Department at the following locations: 20300 Empire Avenue, Suite B 1 Bend, OR 97701 541-388-6073 725 Summer Street NE, Suite C Salem, OR 97301 503-986-0707 In areas where local defensible space standards, codes or ordinances exist, do Oregon Forestland-Urban Interface Fire Protection Act of 1997 Administrative Rules (Excerpted from Oregon Administrative Rules Chapter 629, Division 44) 629-044-1005 Definitions (1) The definitions set forth in ORS 477.001, 477.015 and OAR 629-041-0005 shall apply to OAR 629-044-1000 to 629-044-1110, unless the context otherwise requires. (2) The following words and phrases, when used in OAR 629-044-1000 to 629-044-1110, shall mean the following, unless the context otherwise requires: (a) "Concentration of structures" means dwell- ings in a density of four or more per quarter of a quarter section (an area approximately 40 acres in size), as determined by the Public Land Survey. (b) "Classification" means the process set forth in ORS 477.031 to 477.052 and 477.057. (c) "Classified by a committee" means the end result of the classification process set forth in ORS 477.031 to 477.052 and 477.057. to a driveway, where material capable of allow- ing a wildfire to spread does not exist or has been cleared, modified, or treated to: (A) Significantly reduce the rate of spread and the intensity of an advancing wildfire; and (B) Create an area in which fire suppression operations may more safely occur. (i) "Geographic area" means an area which results from the partitioning of all or portions of a district into smaller segments, based on the presence of differing hazard factors, risks, or dwelling concen- trations. (j) "Hazard factor" means one of the three factors which most influence the potential of a wildfire to spread. The three hazard factors are topography, natural vegetative fuels, and wildfire weather. (d) "Current zoning" means zoning which allows the siting of a dwelling as an outright use. (e) "Driveway" means the primary, privately owned vehicle access road that serves a dwelling, which is controlled by the owner of the dwelling, and which is longer than 150 feet. (f) "Dwelling" means a structure, or a part of a structure, that is used as a home, as a residence, or as a sleeping place by one or more people who maintain a household in the structure. (g) "Fire resistant roofing " means roofing material that has been installed and is maintained to the specifications of the manufacturer and which: (A) Is rated by Underwriter's Laboratory as Class A, Class B, Class C, or is equivalent thereto; or (B) Is metal. (h) "Fuel break" means a natural or a human- made area immediately adjacent to a structure or (k) "Homeowner's association" means a non-profit corporation organized under ORS Chapter 65 and which is subject to the provisions of ORS 94.625 to 94.700. (L) "Included rural lands" means lands which meet the definition of "rural" but which have been clas- sified by a committee as "suburban." (m) "Ladder fuel" means branches, leaves, nee- dles, and other combustible vegetation that may allow a wildfire to spread from lower growing veg- etation to higher growing vegetation. (n) "Lands" means one or more tax lots. (o) "Non-fire resistant roofing" means roofing material that is not fire resistant including, but not limited to, cedar shakes. (p) "Private fire department" means a private entity which provides structural fire prevention and suppression services and which meets the safety requirements set forth in OAR 437-002-0182. 25 Administrative Rules (q) "Road" means a road over which the public has a right of use that is a matter of public record. (r) "Rural" means a geographic area which has not been classified by a committee as suburban or urban and shall include: (A) Lands zoned primarily for farm or forestry uses; (B) Lands which have an average tax lot size of 10 acres or larger; (C) Lands not zoned to allow a concentration of structures; and (D) Lands which do not contain a concentra- tion of structures. (s) "Safety zone" means an adequately sized area, which is substantially free of flammable materials, and which can be used as a refuge to protect hu- man life from an advancing wildfire. (t) "Standards" means the actions, efforts, or mea- sures which owners of suburban and urban lands shall take on their property, prior to a wildfire oc- currence which originates on the property. (u) "Structural fire service provider" means a local government agency or a private fire department which provides structural fire prevention and sup- pression services. (v) "Structure" means a permanently sited build- ing, a manufactured home, or a mobile home that is either a dwelling or an accessory building, which occupies at least 500 square feet of ground space, and which has at least one side that is fully cov- ered. (y) "Urban growth boundary" is defined by ORS 197.295. (z) "Wildfire" means an uncontrolled fire which is burning on forestland and which is damaging, or is threatening to damage, forest resources or struc- tures. 629-044-1050 Purpose And Intent Of Standards (aa) "Zoning" means a local governmental zoning ordinance, a land division ordinance adopted under ORS 92.044 or 92.046, or a similar general ordi- nance establishing standards for implementing a comprehensive plan. (1) The standards required by OAR 629-044-1055 are de- signed to minimize or mitigate a wildfire hazard or risk on an owners property which arises due, singly or in combi- nation, to the presence of structures, to the arrangement or accumulation of vegetative fuels, or to the presence of other wildfire hazards. (2) It is recognized that owners have a variety of objec- tives to achieve while applying the standards, including objectives related to aesthetics, dust barriers, fish and wildlife habitat, gardening, soil stabilization, sound bar- riers, and visual barriers. It is the intent of the standards to allow owners to meet such objectives, provided there is no compromise of the standards needed to mitigate wildfire hazards or risks. (3) The standards are considered to be minimum mea- sures which are intended to improve the survivability of structures during a wildfire, but which will not guarantee survivability. (w) "Suburban" means a geographic area which includes one or more of the following: (A) Lands where a concentration of structures exists; 629-044-1055 Standards (B) Lands on which current zoning allows a concentration of structures; or (C) Included rural lands. (x) "Urban" means a geographic area that includes one or more of the following: (A) Lands within a city limit; or (B) Lands within an urban growth boundary (1) Owners of lands classified by a committee as Low are not required to comply with the standards, however, they are encouraged to review their individual situation and to apply those standards which may be appropriate. (2) Owners of lands classified by a committee as Moder- ate, High, Extreme, or High Density Extreme shall comply with the standards applicable to their lands. In meeting this requirement, owners shall apply one or more of the following: 26 (a) The default standards set forth in OAR 629- 044-1060, which are intended for the majority of owners; (b) The optional standards set forth in OAR 629- 044-1065, which are intended for owners who are unable to meet the default standards; or (c) The alternate standards developed pursuant to OAR 629-044-1070, which are intended for own- ers who wish to address site specific conditions or unique situations. (3) Owners are encouraged to exceed the standards and to apply additional wildfire safety measures. 629-044-1060 Default Standards (1) Where structures exist on lands classified by a committee as Moderate, High, Extreme, or High Density Extreme owners shall: (a) Provide and maintain primary fuel breaks which comply with the require- ments of OAR 629-044-1085 and which are: (A) Immediately adjacent to structures, for a distance of at least 30 feet, or to the property line, whichever is the shortest distance. The distance shall be measured along the slope and from the furthest extension of the struc- ture, including attached carports, decks, or eaves. (B) Immediately adjacent to driveways, for a distance of at least ten feet from the centerline of a driveway, or to the property line, whichever is the shortest distance. The distance shall be measured along the slope. Including the driving surface, a fuel break shall result in an open area which is not less than 13 1 /2 feet in height and 12 feet in width or to the property line, whichever is the shortest distance. (b) Provide and maintain secondary fuel breaks which comply with the requirements of OAR 629- 044-1085 and which are immediately adjacent to primary fuel breaks, for the distance necessary to comply with the total fuel break distance specified in Table 2 of this rule (above), or to the property line, whichever is the shortest distance. The dis- Administrative Rules tance shall be measured along the slope and from the furthest extension of the structure, including attached carports, decks, or eaves. (c) Remove any portion of a tree which extends to within 10 feet of the outlet of a structure chimney or a stove pipe; (d) Maintain the portion of any tree which over- hangs a structure substantially free of dead plant material; (e) Maintain the area under decks substantially free of firewood, stored flammable building material, leaves, needles, and other flammable material; and (f) During times of the year when wildfire may be a threat, locate firewood, flammable building mate- rial, and other similar flammable material: (A) At least 20 feet away from a structure; or (B) In a fully enclosed space. (2) On all lands classified by a committee as High Density Extreme, owners shall comply with subsection (1) of this rule and with the standards set forth in OAR 629-044- 1075. 629-044-1065 Optional Standards (1) Where structures exist on lands classified by a com- mittee as Moderate, High, Extreme, or High Density Extreme, owners shall provide fuel breaks which comply with the requirements of OAR 629-044-1085 and which are immediately adjacent to structures for a distance of thirty feet or to the property line, whichever is the short- est distance. The distance shall be measured along the slope and from the furthest extension of the structure, including attached carports, decks, or eaves. (2) Where structures exist on lands classified by a com- 27 Administrative Rules mittee as Moderate, owners shall comply with subsection (1) of this rule and with one or more of the options set forth in subsection (6) of this rule. (3) Where structures exist on lands classified by a com- mittee as High, owners shall comply with subsection (1) of this rule and with two or more of the options set forth in subsection (6) of this rule. (4) Where structures exist on lands classified by a com- mittee as Extreme, owners shall comply with subsection (1) of this rule and with three or more of the options set forth in subsection (6) of this rule. (5) Where structures exist on lands classified by a com- mittee as High Density Extreme, owners shall comply with subsection (1) of this rule, with three or more of the options set forth in subsection (6) of this rule, and with subsection (7) of this rule. (6) Optional standards are: (a) Option 1, fire resistant structures. This option is intended to reduce the likelihood of a structure being ignited by a wildfire. To comply with this op- tion, owners of structures shall: (A) Have fire resistant roofing material; (B) Have all permanent openings into and under the structure completely covered with noncombustible, corrosion-resistant, mesh screening material, which has openings no greater than 1 /4 inch in size; (C) Where there are attachments to the structure, such as decks and porches: (i) Maintain the area under the attach- ments substantially free of firewood, flammable building material, leaves, needles, and other flammable mate- rial; or (ii) Cover openings to the area under the attachments with noncombustible, corrosion-resistant mesh screening ma- terial, which has openings no greater than 1 /4 inch in size; (D) Remove any portion of a tree which extends to within 10 feet of the outlet of a structure chimney or a stove pipe; (E) Maintain the portion of any tree which overhangs a structure substantially free of dead plant material; and (F) During times of the year when wildfire may be a threat, locate firewood, flammable building material, and other similar flam- mable material: (i) At least 20 feet away from the structure; or (ii) In a fully enclosed space. (b) Option 2, secondary fuel break. This option is intended to provide additional separation between structures and natural vegetation. To comply with this option, owners of structures shall provide and maintain secondary fuel breaks which comply with the requirements of OAR 629-044-1085 and which are immediately adjacent to primary fuel breaks, for the distance necessary to create a total fuel break of 100 feet, or to the property line, which- ever is the shortest distance. The distance shall be measured along the slope and from the furthest extension of the structure, including attached car- ports, decks, or eaves. (c) Option 3, wildfire safe access. This option is intended to provide a more safe vehicle access to and from structures during a wildfire. To comply with this option, owners of a driveway shall provide and maintain a primary fuel break which complies with the requirements of OAR 629-044-1085 and which is immediately adjacent to a driveway for a distance of ten feet from the centerline of the driveway, or to the property line, whichever is the shortest distance. The distance shall be measured along the slope. Including the driving surface, a fuel break shall result in an open area which is not less than 13 1/2 feet in height and 12 feet in width or to the property line, whichever is the shortest distance. (d) Option 4, low ignition risk property. This option is intended to reduce the likelihood of a wildfire ignition. To comply with this option, owners shall at all times use the following fire prevention prac- tices: (A) Open fires shall be: (i) Built, ignited and maintained in compliance with all applicable permit and fire safety requirements; (ii) Tended and maintained under the control of a person 16 years of age or older; (iii) Conducted only when weather conditions permit safe burning; 28 (iv) Conducted in a location which has had all surrounding material cleared of flammable material sufficient to pre- vent unintended spread of the fire; and (v) Conducted only when adequate and appropriate fire tools and/or a water supply are present to assist in prevent- ing unintended spread of the fire. (B) Grills, incinerators, outdoor fireplaces, permanent barbecues, and similar outdoor devices shall be maintained in good repair, in safe condition, and all openings shall normal- ly be completely covered by a spark arrester, by a screen, or by a device which prevents unintended spread of a fire. (C) Ashes and coals resulting from the use of grills, incinerators, outdoor fireplaces, per- manent barbecues, and similar outdoor de- vices shall be disposed of in a manner which prevents unintended spread of a fire. (D) The use of outdoor equipment or devices capable of generating heat, open flame, or sparks shall be conducted in compliance with all applicable permit and fire safety require- ments; and (E) Chimneys and stove pipes shall be used only if their openings are completely covered with a spark arrester which meets or exceeds the following standard: constructed of 12 USA standard gauge wire which has openings no larger than 1 /2 inch in size. (7) On all lands classified by a committee as High Density Extreme, owners comply with the standards set forth in OAR 629-044-1075. Administrative Rules (b) Signed by the District Forester and by the owner; and (c) The alternate standards provide, in the judge- ment of the District Forester, for equal or better protection from wildfire than do the standards of OAR 629-044-1060, 629-044-1065, and 629-044-1075 which apply to the classification of the lands for which the cooperative agreement is made. 629-044-1075 Additional Standards For Lands Classified As High Density Extreme On all lands classified by a committee as High Density Extreme, owners shall provide fuel breaks which comply with the requirements of OAR 629-044-1085 and which are immediately adjacent to all: (1) Property lines, for a distance of twenty feet or an ad- jacent property line, whichever is the shortest distance. The distance shall be measured along the slope; and (2) Roads, for a distance of at least twenty feet from the side of every road, or to the property line, whichever is the shortest distance. The distance shall be measured along the slope and from the furthest extension of the driving surface. 629-044-1085 Fuel Break Requirements (1) The purpcse of a fuel break is to: (a) Slow the rate of spread and the intensity of an advancing wildfire; and (b) Create an area in which fire suppression opera- tions may more safely occur. 629-044-1070 Alternate Standards (1) Where structures exist on lands classified by a com- mittee as Moderate, High, Extreme, or High Density Extreme, owners shall comply with all standards de- scribed in a cooperative agreement made pursuant to ORS 477.406. (2) Cooperative agreements which describe alternate standards shall be valid only if: (a) On forms provided by the State Forester or in a format prescribed by the State Forester; (2) A fuel break shall be a natural or a human-made area where material capable of allowing a wildfire to spread: (a) Does not exist; or (b) Has been cleared, modified, or treated in such a way that the rate of spread and the intensity of an advancing wildfire will be significantly reduced. (3) A primary fuel break shall be comprised of one or more of the fallowing: 29 Administrative Rules (a) An area of substantially non-flammable ground cover. Examples include asphalt, bare soil, clover, concrete, green grass, ivy, mulches, rock, succulent ground cover, or wildflowers. (b) An area of dry grass which is maintained to an average height of less than four inches. (c) An area of cut grass, leaves, needles, twigs, and other similar flammable materials, provided such (a) Maintained in a green condition; (b) Maintained substantially free of dead plant material; (c) Maintained free of ladder fuel; (d) Arranged and maintained in such a way that minimizes the possibility a wildfire can spread to adjacent vegetation; and LL O O materials do not create a continuous fuel bed and are in compliance with the intent of subsections (1) and (2) of this rule. r Flammable plants next to a house can cause serious problems if the plants catch fire. In this situation, if the arborvitae plants were to catch fire, the flames could blow out the windows, which would let flames inside the house. Also, the wood siding could catch fire, as could the underside of the roof eave. Within minutes, much of the house could be aflame. Solution? Remove the arborvitae. (e) In compliance with the intent of subsections (1) and (2) of this rule. (d) An area of single specimens or isolated group- ings of ornamental shrubbery, native trees, or other plants, provided they are: (A) Maintained in a green condition; (B) Maintained substantially free of dead plant material; (C) Maintained free of ladder fuel; (D) Arranged and maintained in such a way that minimizes the possibility a wildfire can spread to adjacent vegetation; and (E) In compliance with the intent of subsec- tions (1) and (2) of this rule. 629-044-1090 Apparent Conflicts With Standards Pursuant to ORS 477.023: (1) The standards set forth in OAR 629-044-1060 to 629- 044-1085 do not supersede or replace any federal law or regulation, any other state agency law or regulation, or any more restrictive local government ordinance or code. (2) Apparent conflicts with other laws and regulations, for which the forester is responsible and has jurisdic- tion, shall be resolved within the scope of the forester's authority and documented, as provided in OAR 629-044- 1070 or 629-044-1080. (4) A secondary fuel break shall be comprised of single specimens or isolated groupings of ornamental shrubbery, native trees, or other plants, provided they are: 30 (3) Compliance with OAR 629-044-1070 to 629-044-1080 does not relieve the owner of the requirements of any other law or regulation which applies to the lands in question. 629-044-1095 Written Evaluation (1) Pursuant to ORS 477.059, the forester shall provide to the owners of lands classified by a committee a copy of OAR 629-044-1000 to 629-044-1110 and an evaluation form: (a) Two years before the obligations of ORS 477.059(4) become effective on the lands for the first time; (b) Every five years thereafter; and (c) When requested by an owner. (2) The intent of an evaluation form provided pursuant to subsections (1), (5) or (6) of this rule is to allow owners to self-certify compliance with the standards of OAR 629- 044-1060 to 629-044-1085. Completion and return of the evaluation form to the forester is optional. (3) In lieu of completing and returning an evaluation form provided pursuant to subsections (1), (5) or (6) of this rule, an owner may have it completed and returned by an accredited assessor. (4) Completed and returned evaluation forms shall be- come void: (a) Five years after they are provided by the for- ester; (b) When the ownership of a tax lot changes; (c) When a structure is added to a tax lot; or (d) Pursuant to a determination made in accor- dance with the provisions of subsection (3) of OAR 629-044-1100. (5) When the ownership of a tax lot changes, the previous owner shall notify the new owner of the voiding of the evaluation form under subsection (4)(b) of this rule. The new owner may, as provided in subsection (1)(c) of this rule, request that the forester provide a current copy of OAR 629-044-1000 to 629-044-1110 and a new evaluation form. (6) When a structure is added to a tax lot, the owner may request that the forester provide a current copy of OAR 629-044-1000 to 629-044-1110 and a new evaluation form. 629-044-1100 Certification Administrative Rules (1) An owner of lands classified by a committee shall be considered to be certified as meeting the standards set forth in OAR 629-044-1060 to 629-044-1085 if: (a) They sign and return to the forester an evalua- tion form provided pursuant to OAR 629-044-1095; or (b) They ;use the services of an Accredited Assessor who signs and returns to the forester an evaluation form provided pursuant to OAR 629-044-1095; and (c) The evaluation form has not become void pursu- ant to OAR 629-044-1095(4). (2) The forester may make a determination of whether the lands of an owner meet the standards set forth in OAR 629-044-1060 to 629-044-1085 at any time following the completion and return of an evaluation form provided pursuant to OAR 629-044-1095. Such a determination must be made prior to the occurrence of a wildfire on an owners tax lot. (3) If the forester determines that an evaluation form provided pursuant to OAR 629-044-1095 was returned by the owner and that it incorrectly or falsely indicated the lands meet the standards set forth in OAR 629-044-1060 to 629-044-1085, the owner shall be notified in writ- ing that both the evaluation form and the certification granted under subsection (1) of this rule will become void on a specified date. In making such a determination, the forester shall: (a) Not base the determination on technicalities or omissions which, in the sole judgment of the forester, are minor in nature; and (b) First provide the owner a reasonable time to: (A) Provide evidence that the property does meet the standards set forth in OAR 629-044- 1063 to 629-044-1085; or (B) Bring their property into compliance with the standards set forth in OAR 629-044-1060 to 629-044-1085. More Y/eb Resources To read the entire set of administrative rules for the Oregon Forestland- Urban Interface Fire Protection Act, log onto arcweb.sos. state.or.us/ -ides/OARS_600/OAR_629/629_ 044.html 31 e~ 'o , r q 4y. , asR ~ oa~tt►w O all ti NO POSTAGE NECESSARY yet;#s; IF MAILED IN THE UNITED STATES BUSINESS REPLY MAIL FIRST-CLASS MAIL PERMIT NO. 112 SALEM OR POSTAGE WILL BE PAID BY ADDRESSEE OREGON DEPARTMENT OF FORESTRY PO BOX 190 SISTERS OR 97759-9910 ~Ie~eeleee~~nele~t~e~e~n~e~n~e~oeue~~~~eeee~n~~ DO YOU OWNA VACANT LOT.? If so this information is for you. The Oregon Forestland-Urban Interface Fire Protection Act of 1997 is an important first step toward establishing "defensible space" for homes located in or near forestlands. To date a high percentage of homeowners have met or exceeded the standards, and to that end we are encouraged; however, there remains more to be done. Under the act's current treatment standards only unimproved lots that are classified as "high density extreme" are required to construct a fuel break around the boundaries of the property and along adjacent roadways. Other undeveloped lots that fall into the classifications of "high" and "extreme" are not required to meet these treatment standards and as such are exempt. There are several actions currently under consideration to expand the treatment. standards to all vacant lots. Deschutes County is developing a "draft" ordinance that would require landowners to trea_ vacant lots. Also the Oregon Board of Forestry is reviewing testimony from several homeowner groups that have requested all vacant lots he included in the Forestland-Urban Interface Fire Protection Act of 1997. No one knows the outcome of these proposed changes, only time will tell. However, as an owner of lands associated with the vast, fire prone, interface areas of the West it is prudent to take precautions to prevent the spread of wildfire. The fires we are currently experiencing in central Oregon are hard to control, often exhibiting extreme fire behavior such as torching, crowning, and long range spotting, all of which threaten the very communities we live in. Your assistance in helping us achieve the goal of' creating a safer, and more defensible central Oregon is appreciated. We at the Oregon Department of Forestry encourage all landowners to reduce surface fuels, remove dead trees, limb live trees and in general reduce the opportunity for wildfire to spread through their property to other areas. For more information on this important issue please contact Oregon Department of Forestry at (541) 549-6761, or the fire department nearest to your property. Thank you, 1 Robert Young, District Forester 1111111111111111 IN 1111111111111111111111111 IN IN Classification: EXTREME Owner name: Property Adclress:~~W , DFbEIFAULT-STANDARDS 2. Primary fuel break completed i o D.•D t t 11. Primary fuel break completed 3. Secondary fuel break completed 12. Roadside and property line fuel breaks completed 4. Driveway fuel break completed 13. Choose opVons from list below 5. Chimney clearance established 14. Fire-resistant structure 6. Dead vegetation above roof removed 15. Secondary fuel break around structures 7. Burnable material under decks removed 16. Wildfire-safe access 8. firewood/lumber piles moved or covered . Roadside and property line fuel breaks completed 9 F 17. Low ignition-risk property o • ' SENOR __7 19. By signing below, you certify that the property identified above meets the standards and conditions described in the Oregon Forestland- Urban Interface Fire Protection Act of 1997. Certification does not guarantee that structures on this property will survive a wildland fire. Certification relieves the property owner, for a period of five years, of liabilities described in ORS 477.059 (4(, but does not relieve the property owner from other responsibilities and liabilities described in other portions of ORS 477. Recertification must take place in 5 years, or when a structure is added to the property, ur when the property changes ownership. In the event that the ownership of this property changes, through sale or other transaction, it is the responsibility of the current property owner to notify the new owner that he or she needs to recertify this property. 20. Certifier's signature 21. Certifier is (circle one): Property Owner 22. If accredited assessor, include identification number Here are line-by-line instructions for filling out the self-certification card. The page number references are pages inside the "Property Evaluation 8 Self-Certifica- tion Guide for Deschutes County." The self-certification card must be returned to ODF by the date given on the top of the card. The card must be signed by the property owner or an accredited assessor (see page 23, top of right-hand column). For a list of accredited as- sessors in Deschutes County, call (541) 549-6761. To complete the card, check the "Yes" box for each item you have com- pleted. Check the "N/A" box for each item that does not apply to your situa- tion. Item 2 is required of everyone who chooses to follow the Default Standards, and item 11 is required of everyone who chooses the Optional Standards. These may only be left unchecked if item 18 is selected, and the Alternate Standards plan has been approved by the district forester. For properties classified "High-Den- sity Extreme," roadside and property line fuel breaks are required. For "High-Den- sity Extreme" properties with a struc- ture, choose either the Default, Optional or Alternate standards. For "High-Density Extreme" properties without structures, you may use only the Default standards. Line 1: Default Standards. See page 7 of your Guide. Note: Owners of properties classified "High-Density Extreme" that do not have structures must follow the Default standards. Date Accredited Assessor Line 2: Primary fuel break. See page 8 of your Guide for more information. Line 3: Secondary fuel break. See page 9 of your Guide to see whether a secondary fuel break is required on your property, and how to calculate its size. Line 4: Driveway fuel break. See page 14 for more information. Line 5: Chimney clearance. See page 15 for more information. Line 6: Dead vegetation above roof. See page 15 of the Guide for more infor- mation. Line 7: Burnable material under decks. See page 16. Line 8: Firewood/lumber piles. See page 17. Line 9: Roadside and property line fuel breaks. Properties classified "High-Den- sity Extreme" must create roadside and property line fuel breaks. See page 18 of the guide for more information. Line 10: Optional Standards. See page 19 for more information. Owners of properties classified "High- Density Extreme" may choose the Op- tional Standards only if the property has at least one structure. Line 11: Primary fuel break. See pages 8 and 19. Line 12: Roadside and property line fuel breaks. See page 18 of the Guide for more information. To complete your certification: 1. Follow the fuel- reduction standards as explained in the enclosed guide. 2. Check boxes on the card as appropri- ate and sign the bot- tom of the card. 3. Carefully remove the card from this page by tearing along perforations. 4. Drop the postcard in a mailbox. Line 13: Choose options. See page 19 of the Guide. Line 14: Fire-resistant structure. See page 20 of the Guide. Line 15: Secondary fuel break. See pages 9 and 19. Line 16: Wildfire-safe access: See pages 14 and 19. Line 17: Low ignition-risk property. See page 24 of the Guide. Line 18: Alternate Standards. See page 22. Line 19. This paragraph summarizes the obligations of certification.. See more about certification on page 31. Line 20: Certifier's signature. A certi- fication card can only be signed by the property owner or an accredited asses- sor. The date the card is signed must also be included. See page 31. Line 21. Circle whether the person who signed the card is the property owner or an accredited assessor. Line 22: Accredited assessor ID num- ber. If an accredited assessor signed the certification card, then the assessors ODF identification number must be written here. Questions? If you have questions regarding your certification, call the Oregon Department of Forestry at (541) 549-6761. PNW 590 • August 2006 A Pacific Northwest Extension publication Oregon State University • Washington State University • University of Idaho Thanks ~G Our pa rr flers and funding Source Oregon Department of Forestry Washington State Department of Natural Resources Funding for this publication provided by the U.S. Bureau of Land Management through a National Fire Plan Grant Amy Jo Detweiler, Extension horti- culture faculty, and Stephen Fitzger- ald, Extension forestry faculty, Deschutes County, Oregon State University. OSU Extension Service, Deschutes County office, 3893 SW Airport Way, Redmond, OR 97756; http://extension.oregonstate.edu/ deschutesl Introduction 2 Protecting your family and home 2 Taking action 2 What are fire-resistant plants? 3 Fire-resistant does not mean fireproof 3 Selecting fire-resistant plants 4 A caution about decorative bark mulch 4 A note about hardiness zones 5 How this plant list was developed 6 Key for symbols 6 Groundcovers ................................................................7 Perennials ...................................................................12 Shrubs-Broadleaf Evergreen ...................................22 Shrubs - Deciduous ...................................................25 Trees - Conifer ...........................................................3 3 Trees - Deciduous ......................................................34 Appendix ....................................................................44 Plant availability .....................................................44 Author contact information .....................................44 Photo acknowledgments ..........................................44 Index Inside back cover n -0 0 $ants foT H 3D u Selecting plants that may reduce your risk from wildfire Protecting your family and home n the Pacific Northwest, fires are a natural part of the changing landscape. As homeowners continue to build in the wildland-urban interface, they must take special precautions to protect their lives, homes, and property. One way to do this is to create a defensible space around your home. This is the area between your home or other structures, where potential fuel (materials or vegetation) have been modi- fied, reduced, or cleared to create a barrier and slow the spread of wildfire toward your home. A defensible space also allows room for firefighters to fight the fire safely. Three critical steps in creating a defensible space include using fire-resistant building materials (for example, roofing materials), reducing wildland fuels around the home, and using fire-resistant plant material in the landscape. These actions DO NOT ensure that your home will survive a wildfire, but they substantially increase the chances. When landscaping around a home, most homeowners are interested in creating a landscape that is aesthetically pleasing, complements their home, and has variations in color, texture, flow- ers, and foliage. When selecting plants, you also should consider the flammability of plants A s~A A~ I11 III i 11~~ (thy j (ol' j~lal V ~ t~y~r f~► A~ _ f111' ~ ~ dii3` Figure 1.-A fuel break that includes fire-resistant plants can help protect your home by reducing and blocking intense heat. 2 (i.e., fuel), particularly if your Fire-resistant does • Sap is gummy, resinous, and home is located in or adjacent to has a strong odor. a forest or rangeland. not mean fireproof . May have loose or papery bark. Homeowners should take active steps to minimize or reduce the fuel and fire hazard around their homes, including the use of fire- resistant plants in the landscape. Equally important is proper plant placement, plant spacing, and ongoing plant maintenance. These practices, when combined, can create a fuel break and help protect your home by blocking intense heat (see Figure 1). Flammable plant material in your landscape can increase the fire risk directly around your home. The 1991 Oakland Hills fire in California is a prime example of how flammable plant material (Eucalyptus trees) can act as fuel and contribute to the intensity of a wildfire. More than 3,000 homes were destroyed in that devastating wildfire. What are fire- resistant plants? Fire-resistant plants are those that do not readily ignite from a flame or other ignition sources. These plants can be damaged or even killed by fire; however, their foli- age and stems do not significantly contribute to the fuel and, there- fore, the fire's intensity. There are several other significant factors that influence the fire character- istics of plants, including plant moisture content, age, total vol- ume, dead material, and chemical content. Plants that are fire-resistant have the following characteristics: • Leaves are moist and supple. • Plants have little dead wood and tend not to accumulate dry, dead material within the plant. • Sap is water-like and does not have a strong odor. • Sap or resin materials are low. Most deciduous trees and shrubs are fire-resistant. In contrast, plants that are highly flammable generally have sev- eral of these characteristics: Contain fine, dry, or dead material with- in the plant, such as twigs, W needles, and leaves. • Leaves, twigs, and stems contain vola- tile waxes, terpenes, or oils. • Leaves are Both native and ornamental plants can be highly flammable. An example of a highly flam- mable shrub often planted in home landscapes is spreading or upright juniper (see Figure 2). Avoid landscaping with highly flammable plants directly around your home. Adapted from University of Cali- fornia Cooperative Extension Hortscript, 1996, No. 18. aromatic (strong Figure 2. -Juniper is one example of a highly flammable odor when plant, due to the accumulation of old, dead needles within crushed). the plant (see inset photo) and volatile oils in the foliage. . C oe3 nx:)~ MeEn Even fire-resistant plants will burn if not well Ii maintained. Be sure to keep all of your land- 1 scape plants healthy with appropriate water- ing, proper pruning, etc. I 3 se0ec Ong fiTe- ~emta ~ Dams There is a wide array of trees and other plants from which to choose that are both attractive and fire-resistant. This publication provides a diverse list of plant material divided into perennials, groundcovers, trees, and shrubs. The plants in this publication are adaptable to several regions in the Pacific Northwest and other west- ern states. Check with your local Extension office or a nursery to find out which plants are adapt- able to your area. Annuals Annuals (see Figure 3) can be part of a fire-resistant landscape if well watered and well main- tained. We have not listed each of these due to the large num- ber of annuals available to the homeowner. Figure 4. -A well-maintained lawn can be included in a fire-resistant land- scape and serves as an effective fuel break. Turf A well-maintained lawn can be included in a fire-resistant land- scape and serves as an effective fuel break (see Figure 4). For more information on lawn care and maintenance, ask for publica- tions from your local Extension office. Bark mulch is often used in home land- scapes. However, firebrands from a wildfire or cigarettes can ignite dry bark mulch, conveying the fire to your home. If } t~- 4 you landscape with bark mulch up against your home, make sure it remains moist to prevent igni- tion. You may also consider using less flammable types of mulch, such as gravel or decorative rock, or a combination of wood bark mulch and decorative rock (see Figure 5). rl PSI Figure S.- A combination of wood bark mulch sur- rounded by decorative rock is less flammable than wood bark mulch alone, and it will not scorch plants. Figure 3.-Annuals can be part of a fire-resistant landscape if well watered and well maintained. A note about hardiness zones When you are selecting plant material for your landscape, be sure to choose plants that are adaptable to your area and right for your hardiness zone. Hardi- ness refers to the ability of a plant to withstand an average minimum temperature. Often a plant catalog or plant tag (see Figure 6) will indicate hardiness zone followed by a number. This number is based upon the hardiness zones derived from a map developed by the United States Department of Agriculture (USDA). The USDA prepared a map based on the average annual minimum temper- atures recorded throughout North America from 1974 through 1986. There are 11 designated zones, with zone 1 being the coldest (requiring the most cold-hardy plants) and zone 11 being the warmest (suitable for plants not Q~RENHi •1. Figure 6. -Example of a plant tag, which includes hardiness zone along with other plant characteristics. tolerant of cold temperatures). These zones are broken down further into parts "a" and "b" for even greater accuracy. Each zone has a designated approximate range of average annual mini- mum temperatures. For example, zone 9 is 200-300F. When choos- ing a plant, you want to pick a plant that falls within your zone or the next colder zone. For example, if you are in USDA zone 5, buy plants for zones 3, 4, or 5. There are other climate zones and hardiness maps besides the USDA's, but these are not uti- lized universally as is the USDA hardiness zone map. Hardiness ratings or zones are meant to be used only as a guide, not as an absolute for plant selection and survivability. Numerous other factors contrib- ute to whether or not a plant will survive, including soil type, rain- fall, heat tolerance, and exposure to wind and sun. Remember to think about the microclimates that exist in your community and your own back yard. Check with your local Extension office or a garden cen- ter to find the correct hardiness zone for your area. This infor- mation will assist you in buying more adaptable plant material for your landscape. To view the USDA hardiness zone map, go to: http://www. usna.usda.gov/Hardzone/ ushzmap.html. For further 'Information, check out these e sites: FireFree: http://www.firefree.org Firewise: http://www.firewise.org Landscape Plants, OSU: http://oregonstate.edu/dept/idplants/ University of Idaho Extension: http://www.uidaho.edu/extension/ Oregon Department of Forestry: http://egov.oregon.gov/ODIF/ Oregon State University Extension Service: http://extension.oregonstate.edu/index.php OSU Extension Service, Deschutes County: http://extension.oregonstate.edu/deschutes/ Plant Links-USDA: http://plants.nres.usda.gov/links.html USDA Hardiness Zone Map: http://www.usna.usda.gov/Hardzone/ushzmap.html Washington State Department of Natural Resources: http://www.dnr.wa.gov/base/dnrhome.html Washington State University Extension: http://ext.wsu.edu/ 5 How this pant Dose s developed This plant list was developed by evaluating existing scientific literature on fire-resistant plants and plant flammability. Included in this list are plants adapted to grow in either irrigated or non- irrigated landscapes. However, most of the plants on this list require some level of irrigation to survive during the dry sum- mer months, particularly in drier regions. Due to the great diversity in landscape environments through- out the Pacific Northwest, always check with your local Extension office or nursery when select- ing fire-resistant plant material to avoid planting invasive plants in your area and to be sure you choose plants suitable for your environment. At the time of this printing, none of the plants listed in this guide were on the state noxious weed lists in Oregon, Washington, or Idaho. Disclaimer The purpose of this document is to provide homeowners with guidance on ways to landscape their property with fire-resistant plants to help reduce losses from wildfire damage. It contains sug- gestions and recommendations based on professional judgment, experience, and research and is intended to serve only as a guide. The authors, contributors, and publisher disclaim all warran- ties and guarantees with respect to the information in the docu- ment and assume no liability or responsibility with respect to the information. Key fo0 oymho~o O ]Prefers full sun (6 or more hours) 0 Prefers full sun to part shade Prefers full shade (6 or more hours). Avoid afternoon sun. Very low water-use plant; performs well in dry sites Low water-use plant; performs well with minimal supplemental irrigation Moderate water-use plant; performs well with supplemental irrigation Attracts butterflies Attracts birds Deer-resistant Performs well in rock gardens FOD, a current Hat of onvasive Pants on youff m o v'mih®00® 0 ono USDA NRCS Invasive and Noxious Weeds: http://plants.usda.gov/ java/noxious National Invasive Species Council: http://www.invasivespeciesinfo. gov/ Oregon Invasive Species Council: http://oregon.gov/OISC/ Oregon Department of Agriculture Noxious Weed Control: http://oregon.gov/ODA/PLANT/WEEDS/ Washington State Noxious Weed Control Board: http://www.nwcb. wa.gov/INDEX.htm Washington Invasive Species Council: http://www. invasivespeciescoalition.org/StatewideCouncil/ Idaho State Department of Agriculture Noxious Weed Program: http://www.agri.state.id.us/Categories/Plantslnsects/ NoxiousWeeds/indexnoxweedmain. php Idaho Invasive Species Council: http://www.agri.state.id.us/ Categories/]Plantslnsects/InvasiveSpeciesCounsel/ indexlnvSpCounsel.php 6 L Carpet bugleweed Groundcover grown mostly for its bronze, purple, variegated, and dark- green foliage. Flower spikes rise above the foliage in early summer. Height 4-10" / Spread 12-18" Flowers: white, purple, or blue spike Bloom time: May-July USDA hardiness zone 4-8 Pink pussytoes An attractive groundcover with silvery- gray foliage and tiny flowers. Can be used between paving stones and in rock gardens. Height 4-12" / Spread 8-12 Flowers: pink, white, or rose Bloom time: May-July USDA hardiness zone 4-7 Kinnikinnick A mat-forming shrub with glossy-green leaves, pinkish-white flowers in spring, followed by red berries in the fall. Red- dish fall color. Rock cress Mat-forming, spreading perennial with grayish-green foliage. Attrac- tive masses of flowers in spring. Height 3-8" / Spread 10-15 Flowers: purple, pink Bloom time: May-June USDA hardiness zone 4-8 0 0 1 y! I . ~ ~rxe Mahala mat A low-growing groundcover that is native to and should be used at higher elevations (above 4,000 feet). Not adaptable to lower elevations. Has an attractive leathery, evergreen leaf with blue flowers. Height 1-3" / Spread 6-8' Flowers: blue Bloom time: June-August USDA hardiness zone 4-8 Height 4-8" / Spread 10-15' Flowers: pinkish-white Bloom time: June-September USDA hardiness zone 2-6 7 Snow-in-summer A fast-growing groundcover that cov- ers a large area quickly. Provides a nice contrast in the landscape with silvery- gray, woolly foliage. White flowers in summer. Height 6-12" / Spread 2-3' Flowers: white Bloom time: June-July USDA hardiness zone 3-7 Yellow iceplant Very low-growing groundcover with succulent, green foliage that changes to reddish bronze in winter. Not suit- able for areas with extended periods (several weeks) of snow cover. More cold-hardy than purple iceplant. Height 1-3" / Spread 24-30 Flowers: yellow, daisylike Bloom time: June-September USDA hardiness zone 4-10 Purple iceplant A groundcover with succulent, green foliage that changes to purplish red in winter. Does not tolerate foot traffic. Height 1-4" / Spread 24-30 Flowers: purple, daisylike Bloom time: June-September USDA hardiness zone 5-10 f R(7C .4w '1, . 1 Dianthus, Garden carnation, or Pinks Green or grayish-green foliage cov- ered with blooms. Clump-forming growth habit. Some varieties are fragrant. Height 2-12" / Spread 6-16 Flowers: pink, white, red, or yellow Bloom time: May-August USDA hardiness zones 3-9 "OWN 8 Wild strawberry A fast-growing groundcover with green foliage and white or pink flowers fol- lowed by red, edible fruit. a Creeping phlox A very popular spring bloomer, known for its showy flower display. Linear, green leaves form a low- growing mat. Height 8-10" / Spread 2-3' Flowers: white or pink Bloom time: May-July USDA hardiness zone 5-9 Dead nettle A groundcover with a trailing-type growth habit and attractive foliage. Often used in shady areas. Height 8-12" / Spread 12-36 Flowers: pink, white, or purple Bloom time: May-June USDA hardiness zone 3-8 l Japanese pachysandra A spreading semievergreen with shiny, dark-green leaves. Grows well in shady areas. Height 6-8" / Spread 10"+ Flowers: white spikes Bloom time: June USDA hardiness zone 5-9 (~i 0 Height 4-6" / Spread 18-24" Flowers: white, blue, or pink; striped Bloom time: April-June USDA hardiness zone 3-9 Il,' 'd~ yji _ y f~ ~M M ~I F t 4 G ~ 9 0 E Seflim opec!C5 Sedum or stonecrops A groundcover with succulent foli- age in shades of green to blue. Many drought-resistant varieties. Great for rock gardens. Height 2-12" / Spread 6-24 Flowers: white, yellow, or pinkish-red Bloom time: May-September USDA hardiness zone 3-8 Hens and chicks A unique groundcover with green, succulent, rosette-shaped foliage. The parent plant produces flowers and smaller plants or "chicks." Excellent in rock walls. Height 2-6" / Spread 6-10 Flowers: pink, star-shaped, rise up on a stalk from the "hen" Bloom time: June-August USDA hardiness zone 4-10 ThymVIO prraecaz Creeping thyme A low-growing groundcover with fragrant leaves in shades of light to dark green, yellow, or variegated. Attractive in mass plantings when blooming. Works well between pav- ers and in rock walls. Height 1-4 / Spread 6-18 Flowers: pink, white, or purple Bloom time: May-August USDA hardiness zone 4-10 a r T t A 10 1,~ Vin., r, .,~i,.°~•C Speedwell A low-growing groundcover with glossy green or woolly leaves. Very showy in full bloom. Low-growing varieties work well in rock gardens. Height 1-6" / Spread 12-18 Flowers: blue, pink, or white Bloom time: May-June USDA hardiness zone 3-8 0 C- does noo Mean 0Fs'pr'®CC Even fire-resistant plants will burn if not well rf maintained. Be sure to keep all of your land- scape plants healthy with appropriate water- ing, proper pruning, etc. 0 Full sun 0 Full sun/part shade 0 Full shade V Very low water f %r Low water Moderate water r<... Attracts butterflies Attracts bids y Deer-resistant n Goodin rock gardens 11 AcA,)nlllhal Yarrow Fernlike foliage in shades of green to gray. Long-blooming and very drought tolerant. Make nice cut or dried flow- ers. Can be invasive. Height 6-36" / Spread 12-24 Flowers: white, red, yellow, or pink Bloom time: May-September USDA hardiness zone 4-8 ~r O `Coronation Gold': golden-yellow blooms `Moonshine': pale yellow blooms `Paprika': orange-red blooms `Summer Pastels': several colors on one plant-pink, yellow, white Chives A popular culinary herb with grass- like foliage and showy pink or purple flowers. Cut flowers back when done blooming. Height 12-24" / Spread 20-24 Flowers: pink or purplish; globe-shape Bloom time: June- August USDA hardiness zone 4-8 Columbine Native and ornamental varieties. A dainty perennial with a uniquely shaped flower in multicolored blooms. Foliage is grayish-green with shamrock shape. Remove spent flowers to encourage prolonged blooming. Plant in partial shade for improved drought tolerance. Short-lived but will reseed. Height 10-36" / Spread 10-12" Flowers: multiple colors with spurred, trumpet-shape blooms Bloom time: May-July USDA hardiness zone 3-9 Sea thrift Or NI 1 ~ Clump-forming perennial with grass- like foliage. Flowers rise above the mound with pink or white pom-pom Tf,r flowers. Height 6-10" / Spread 8-12 Flowers: bright pink or white F Bloom time: May-June USDA hardiness zone 4-8 , 1c 41 12 Afar'-71170 i az (i ~_77111710 Basket-of-gold Gray-green foliage. Provides spring color with blooms in shades of gold to light yellow. Pruning is suggested after flowering to maintain shape. Excellent in rock gardens or mass plantings. Height 8-18" / Spread 1-2' Flowers: gold to yellow, tiny flowers in clusters Bloom time: April-May USDA hardiness zone 3-7 O 4) p «c Heartleaf bergenia Large, glossy-green leaves in summer, changing to burgundy in fall. Flowers rise up on a spike. Height 12-14" / Spread 12-18" Flowers: pink, white, bell-shape Bloom time: May-June USDA hardiness zone 3-8 Sedges These tidy, clump-forming, grasslike plants are semievergreen and work well in rock gardens or as edging. Foliage is flat in shades of green or variegated. Also does well in shade. Height 12-18" / Spread 10-12" Flowers: inconspicuous USDA hardiness zone 4-9 r. Carrnrip3#31Ta"(jfCEn3 Trumpet vine An attractive vine with green foliage and large, orange, trumpet-shape flowers that attract butterflies. Useful for covering arbors and fences. Spread 20'+ Flowers: orange to red, trumpet- shape Bloom time: July-September USDA hardiness zone 4-9 13 Coreopsis or Tickseed Either a short-lived or long-lived perennial depending upon variety. Produces single and double daisylike flowers in various colors. Green foliage and wiry stems. Height 10-24" / Spread 12-18" Flowers: golden yellow, light yellow, pink, or red Bloom time: June-October USDA hardiness zone 3-9 `Moonbeam': light yellow flowers, mound-forming perennial Delphinium Extremely popular for tall, upright growth habit and beautiful spike flow- ers in various shades. Works well in a border. Height 1-7' / Spread 1-3' Flowers: blues, purples, whites, or pinks Bloom time: June-September USDA hardiness zone 3-7 Coneflower A perennial herb with large daisy- like flowers in various colors. Late blooming. Makes a good cut or dried flower. Height 2-3' / Spread 1.5-2' Flowers: purple, pink, or white Bloom time: July-September USDA hardiness zone 3-8 0 14 `Sunburst': double, golden yellow flowers `Zagreb': golden yellow flowers Fireweed A perennial wildflower with an aggres- sive, upright growth habit, medium- green leaves, and showy flowers in shades of pink or white. Height 2-3'/ Spread 2-3' Flowers: white or pink spike Bloom time: June-July USDA hardiness zone 3-7 Blanket flower Grayish-green foliage and daisylike flowers in various colors. Very drought tolerant. May be short-lived. Long- blooming perennial; keep deadheaded for continuous bloom. Fuzzy, round seed heads follow flowering. Height 8-36" / Spread 12-24" Flowers: red petals tipped in gold, all gold, or burgundy, with reddish-brown centers Bloom time: June-September USDA hardiness zone 3-10 Grayleaf cranesbill Dwarf, semi-evergreen with gray- green foliage, a mounding growth habit, and attractive blooms in sum- mer. Works well as a groundcover or in rock gardens. Height 4-6" / Spread 10-12" Flowers: pinks, white, magenta; saucer shape Bloom time: June-July USDA hardiness zone 4-9 15 Photo: William R. Hewlett © California Academy of Sciences D~'! SS G-11cellK mMemwm nu mimu~adum Sun rose A moundlike growth habit with gray- green foliage and delicate flowers. Prefers dry, more alkaline soils. Works well in rock gardens. Height 5-12" / Spread 12-16" Flowers: red, pink, yellow, orange, or multicolored Bloom time: June-August USDA hardiness zone 4-7 S E 1 . ~ 1 a 1h7eucheoa sarr~gukea Coralhells Attractive dark green, maroon, red- dish, or gold foliage with scalloped edges. Flower stalks rise above the foliage and produce delicate blooms. Performs best in light shade. Several varieties available. Height 12-20" / Spread 12-15" Flowers: red, white, or pink Bloom time: June-September USDA hardiness zone 3-8 ®Gc Daylily A very popular perennial that works well in borders or mass plantings. Long, wide, grasslike foliage with mounding growth habit. Large flowers bloom for 1 day, die, and are replaced by new blooms the following day. Many flower colors available. Better flower presentation with additional moisture. Blossoms are edible. Height 1-4/ Spread 1-3' Flowers: white, yellow, pink, red, gold, or mixed colors; lily-shape bloom Bloom time: July-August USDA hardiness zone 3-9 I (~~f `Stella de Oro': gold flowers, one of the longest blooming daylilies 4qr Vt M t.,w t 3 i 16 1 t Hosta lily A shade perennial with attractive foliage in various shades of green to bluish-green. Flower stalk rises above the leaves with a fragrant, bell-shape flower. Height 6-36" / Spread 20-24" Flowers: purple, lavender, or white; hang from a spike Bloom time: July-August USDA hardiness zone 3-8 P'r 0 Torch lily or Red-hot poker Stiff, bluish-green, tufted, grasslike foliage. Unique flower clusters rise on spikes above the foliage. Height 14'/ Spread 2-3' Flowers: orange, yellow, white, or green, often multicolored Bloom time: June-August USDA hardiness zone 4-9 i O~ Iris, tall bearded Previously known as Iris germanica. Bluish-green, swordlike leaves. Large, sophisticated flowers in every shade and often bicolor and fragrant. Lift and divide clumps every 3-4 years to keep maintained. Makes a nice cut flower. Height 16-30" / Spread 14-24" Flowers: multicolored Bloom time: May-June USDA hardiness zone 3-10 O y low 40 17 (l~cvr>~c'~r11I~ 5-Tec2eo Lavender Known for its attractive purple bloom, popular fragrance, and dried flowers. Although it contains scented oils, this plant is slow to ignite if kept moist. Height 1-3'1 Spread 1-4' Flowers: purple, white, lavender; spikelike Bloom time: July-October USDA hardiness zone 4-8 S~ O 1211nivilm p'--Fe me Flax, blue A self-sowing wildflower with delicate leaves and stems. Excellent in mass plantings or meadows. Remove spent blossoms to promote longer blooming, prevent reseeding, and keep tidy. Height 12-20" / Spread 12-14" Flowers: light blue or white Bloom time: May-June USDA hardiness zone 2-8 LOIIOC-17a nec 05 Honeysuckle - JI Attractive, fast-growing vines with fragrant, trumpet-shape flowers. Can be used for covering a fence or • : trellis. y Spread 10'+ Flowers: white red orange, or yellow s " ; m Bloom time: July-September USDA hardiness zone 4-9 __"r 18 Lupine A tall, border perennial with dark green foliage and very showy flowers. May need staking. Height 18-48" / Spread 24-26 Flowers: multiple colors including blue, yellow, pink Bloom time: May-July USDA hardiness zone 4-6 Q ~ Evening primrose A long-blooming perennial with a low-growing, trailing, or more upright growth habit. Cup-shaped flowers in shades of yellow, white, or pink. Height 6-12" / Spread 12-24" Flowers: lemon-yellow, white, or pink Bloom time: June-October USDA hardiness zone 3-7 u Oriental poppy A very ornamental perennial with large, papery, cup-shape flowers. Interest- ing capsule-type seedpods follow flowering. Height 2-3'/ Spread 1-2' Flowers: orange, white, red, pink, or purple, with dark centers Bloom time: June-July USDA hardiness zone 3-7 F l~ rr rsrr~ arm 3,' cc e3 Penstemon or Beardtongue Excellent perennial for a dry garden. Several varieties and flower colors. Great specimen plant. Height 4-48" / Spread 6-36 Flowers: pink, purple, blue, red, or white Bloom time: June-August USDA hardiness zone 3-8 P~ ° \Mnyl VV R 19 RRDD r~ nn ,,,I~ nn R7,p~ ~p Udll~ll(1J~(~Jd~ CC©~L ~~ll K.1 - A li '4 ~ SS~1C~~ll]p/~ ~ID~/G~llrDi~llllDl ) l ~ Prairie coneflower or h " ~1 ' r~4 ° sY V k ~ ' ~ ' Lamb's ear A border perennial known for its at Mexican , , ~ , ~ - , , ~ . ~ attractive, velvety, white-silver Tall' upright flowers with lacy, green leaves. Foliage provides nice foliage. Petals grow downward away contrast in the landscape. from the tall center flower disk. Biennial. Height 12-15" / Spread 15-18" " Flowers: purplish-pink spikes Height 18-24" / Spread 12-24 Bloom time: July-frost Flowers: yellow or red, with distinct USDA hardiness zone 4-8 tall center Bloom time: July-October ' f 4^`. O USDA hardiness zone 4-9 o saiYia Salvia or Sage Perennial herb with shrublike growth habit and grayish-green or multicolored foliage. Formal, spikelike flowers in various colors. Remove spent blossoms to encourage a second bloom. Height: 18-28" / Spread 24-34" Flowers: purple, blue, rose Bloom time: June-September USDA hardiness zone 4-9 7 E 20 yviccal Yucca Recognized by swordlike leaves in various shade of green, gray-green, or variegated green and yellow. Produces stalks of white flowers during the grow- ing season. Height 24' / Spread 24' Flowers: white USDA hardiness zone 4-10 dae3 flab MeabT O'TLM' T(3Gfi Even fire-resistant plants will burn if not well maintained. Be sure to keep all of your land- scape plants healthy with appropriate water- ing, proper pruning, etc. O Full sun 0 Full sun/part shade 40 Full shade Very low water Low water Moderate water W Attracts butterflies N Attracts birds Deer-resistant 21 X-C-G] Good in rock gardens cCea nothus giorraosus Point Reyes ceanothos Small, wide-spreading shrub with dark- green, leathery foliage and blue-purple flowers in spring. Useful on steep coastal banks. Needs protection from wind. Short-lived plant (5-10 years). Varieties available. Height 1-3' / Spread 5-6' Flowers: blue-purple USDA hardiness zone 7-9 C®stus purpureus orchid rockrose An evergreen with a compact growth habit, green-gray leaves, and showy, reddish-purple flowers. Tolerates wind and salt spray. Height 3-4'/ Spread 34' Flowers: reddish-purple USDA hardiness zone 8-10 Daphne x burkwoodii varo'Carol Mackie' Carol Mackie daphne An attractive, semievergreen shrub with variegated leaves and fragrant, pinkish flowers in spring. Height 2--4' / Spread 2-4 Flowers: pink USDA hardiness zone 4-8 colt(Orleaster apiccdm us Cranberry cotoneaster A broadleaf semi-evergreen. Dark, shiny, green leaves, changing to bur- gundy in the fall. Interesting mound- ing growth habit. Produces tiny, pink flowers followed by a red cranberry- like fruit that persists into winter. Eastern exposure is best. Height 3' / Spread 3-6' USDA hardiness zone 4-7 7 0 Mahonia aquifolium Oregon grapeholly An upright evergreen with shiny, dark- green leaves in summer, changing to purplish-red in fall. Yellow flowers in the spring followed by bluish-black berries. Height 5-6' / Spread 5-6' Flowers: yellow USDA hardiness zone 3-9 bml -ca Mahonia repens Creeping holly Similar to Oregon grapeholly, but smaller in size. Spreading green leaves turn purplish-red in fall. Yellow flowers followed by bluish-black berries. Height 12-18" / Spread 2' Flowers: yellow USDA hardiness zone 3-8 Gaultheria shallop Salal A low-growing, broadleaf evergreen with attractive white to pink flowers, followed by edible black fruit. Shrub grows larger in shady conditions and stays small in full-sun conditions. Height 1-10'/ Spread 3-12' Flowers: white, pink USDA hardiness zone 6-8 23 PaAst®ma myrdfo9ia Oregon boxwood A low-growing shrub with leathery, light-green leaves. Stays more compact in full-sun areas. Height 1-4' / Spread 1-4' USDA hardiness zone 5-8 0 Rhododendron macrophyllum Pacific rhododendron A Pacific Northwest native rhododen- dron with pale pink to purplish flowers in spring and dark-green leaves. Prefers acidic soils. Not adaptable in colder, drier regions such as eastern Washing- ton and central and eastern Oregon. Height 6-12' / Spread 10-12' Flowers: pink to purple USDA hardiness zone 6-9 G~or~~~~~~o~tr~r~fr does flog mean O'Tep'T®®f o Even fire-resistant plants will burn if not well maintained. Be sure to keep all of your land- scape plants healthy with appropriate water- ing, proper pruning, etc. O Full sun 0 Full sun/part shade 0 Full shade ✓ Very low water Low water Moderate water 24 W Attracts butterflies FEZ Good in rock gardens Attracts birds ?f Deer-resistant 1"~ r Am- dzdnai wm Vine maple A Pacific Northwest native with an upright growth habit and attractive red, orange, to yellow fall color. Height 15-20'/ Spread 15-20' USDA hardiness zone 4-8 AcceF,&IDG'wm Rocky Mountain maple Small tree or large shrub with attractive dark green foliage and red twigs. The "helicopter" seeds turn reddish in sum- mer. Attractive red fall color. Height 10-15'1 Spread 10-15' USDA hardiness zone 3-7 d Ameganchaez optic o Serviceberry A multistemmed shrub or tree that bears white flowers in spring fol- lowed by edible, purplish-black fruit. Excellent fall colors of red-orange. Prefers additional moisture. Height 8-12'/ Spread 15-20' Flowers: white USDA hardiness zone 4-5 F~ MWAC r UA. li r I 25 ' "r §[PNIU o -0TODUUOU5 Ca oy(O) e,,- O Z dafldafleflgos Blue-mist spirea Dense, rounded shrub with grayish- green leaves. Produces lavender-blue flowers in late summer. Foliage has a sagelike scent. Nice color for late season. Attracts bees. Can die back in winter and be cut back like a perennial in early spring. Prefers additional mois- ture. May reseed. Height 3-5'/ Spread 3-5' Flowers: lavender-blue USDA hardiness zone 5-10 `Dark Knight' : deep blue flowers with silvery-gray foliage p r t F LFU(O Dymuo alka us I DMPI(C~UF" Dwarf burning bush Rounded shrub with green leaves and "winged" bark. Excellent scarlet fall color. Creates a nice shrub border. Does best with eastern exposure. Height 4-6' / Spread 4-6' USDA hardiness zone 4-8 0 i I ~ I Gorr it ireficcea Redosier dogwood A fast-growing shrub often found in riparian areas. White flowers fol- lowed by white fruits. Attractive red stems offer winter color to the land- scape. Many cultivars available with different-colored stems and leaves and in various sizes. Height 7-10' / Spread 8-10' Flowers: white USDA hardiness zone 2-8 26 MoAgeagcus Offsc o§br Oceanspray An attractive, large shrub with a grace- ful growth habit and pendulous, creamy white flowers in summer. Height 6-9'/ Spread 3-6' Flowers: white USDA hardiness zone 5-9 p0o6 bBa Russian sage Fine, feathery -textured shrub with silvery-gray leaves and a sagelike aroma. May die back in colder areas and can be cut back in fall or spring. Produces beautiful lavender-blue j flowers in late summer. Do not over- water. May reseed. Height 3-5' / Spread 34' Flowers.- lavender-blue USDA hardiness zone 4-8 Q 1'. y41 _ k 1~'hRadelFhV1§ Mockorange Known for its sweet-smelling, white flowers and bright-green foliage. Flow- ers can be single or double. Vase-shape growth habit. Height"'/ Spread _ i r Flowers: white USDA hardiness zone 4-8 rrr° 27 §[r][U o HOC Cc QUOU Rhalrrl mir ~'-aflgU§al °C G® U=ZT> sl Tallhedge Dense, upright shrub ideal for a hedge or shrub border. Glossy-green leaves. Height 5-12' / Spread 3-4' USDA hardiness zone 2-7 w F"M"'Tusr u1IC~~~(~~Y~ Western sandcherry A medium-size shrub with an open, irregular growth habit. Produces f . fragrant, white flowers in spring, _ followed by edible, red (changing to black) fruit. Leaves are grayish- green, changing to a coppery-red in fall. Prefers additional moisture, but can sucker if overwatered. Height 4-6' / Spread 4-6' , Flowers: white USDA hardiness zone 3-7 0 ~,,N ' ►W L 28 RhamflUs Irainguk lk5pp en %Hal° Fernleaf buckthorn A feathery-textured shrub with interesting narrow, dark-green leaves. Can be used as a focal point or speci- men plant in the landscape. Height 10-12' / Spread 6-10' USDA hardiness zone 2-7 '~vf 1 ~ fl ~ •a • "sue' 1 is i -i€_° t Y 4~ i M®dbd a"')dhon ®ccccod enn ( e Western azalea A deciduous, upright shrub with attrac- tive white to salmon-pink flowers in spring. Height 5'1 Spread 5-10' Flowers: white to pink USDA hardiness zone 6-9 w Mus Specks Sumac Some species are smaller mounding . shrubs with dark-green leaves. Larger species have an upright, tree form and W I'~ form suckers, creating groves. Fall` color can be spectacular, especially in the larger species displaying shades of orange, red, yellow, or purple. Tiny yel- low flowers change to fuzzy red fruit. Prefers additional moisture. Height 2-20' / Spread 4-15' USDA hardiness zone 3-9 Flowering currant Small to medium-size shrubs with attractive bright to dark-green leaves and pink flowers. Some species pro- duce edible fruit. Height 3-6' / Spread 3-6' Flowers: pink USDA hardiness zone 2-7 29 0 ' O]OU o O=-OTVDQ UOU5 RO'5a opacC eg Hardy shrub rose Low-maintenance shrubs with attrac- tive, sometimes scented flowers in a wide variety of colors. Blooms continu- ously or once during the season, depending on variety. Excellent fall color and ornamental rose hips for winter interest. Height 2-6'/ Spread 2-6' Flowers: various USDA hardiness zone 2-9 F a u. I g,+ 4,a 0 GR®ga mlosdoV Wood's rose A native wild rose in the Pacific North- west with a spreading growth habit. Produces single pink flowers in summer followed by ornamental, red hips. Height 3-6' / Spread 3-6' Flowers: pink USDA hardiness zone 4-8 Willow Fast-growing shrubs with narrow leaves, dense branches, and yellow fall color. Several species are avail- able. Prefers additional moisture. Some varieties more susceptible to insect and disease. Note: Large, tree form willows generally are not recommended for a home land- scape, due to invasive roots and weak wood. Height 6-30' / Spread 5-20' USDA hardiness zone 2-9 (Pn O Salix integra `Hakuro-nishiki': Dapple willow, to 10' tall with variegated foliage in shades of pink, green, and white Salix purpurea: Alaska blue willow, 8-10' tall with attractive blue foli- age; dwarf variety known as Artic blue willow, to 5' tall 30 r 'T'P fFdlC£a Z IIDMPIlDa§da Bumald spirea Popular, clump-forming shrub that produces bowl-shape flowers in shades of white or pink in late summer. Leaves generally are green but can be tinted in shades of red or yellow. Many other spirea varieties available. Height 24'/ Spread 24' Flowers: white, pink USDA hardiness zone 3-8 y `Froebelii': deep pink flowers, green foliage `Goldflame': bright pink flowers and bronze-red young leaves `Limemound': pink flowers with bright lime-green foliage SSymphob o mb"Pos Z§1bus Snowberry Upright, arching shrub with bluish- green leaves. Pink flowers in summer, followed by white, rounded fruit, which persists through the winter. Attracts birds. Height 4-6'/ Spread 4-6' Flowers: pink USDA hardiness zone 3-7 ~ y Western spirea A medium-size shrub that produces fuzzy pink to purplish flowers in mid- to late summer. Often found along waterways. Useful in plantings near streams. Height 3-6' / Spread 3-6' Flowers: pink, purple USDA hardiness zone 4-8 ~~1f 0 ~ I -r j 1 4Y 31 5G IEUJ o UDUODU oUU5 sy,Togga 5pe&ec, Lilac Large shrubs known for their beautiful, fragrant blossoms in spring. Avail- able in many varieties with flowers in shades of white, lavender, purple, and pink. Can be used for a hedge. Prefers additional water to get established. Height 5-15' / Spread 6-12' USDA hardiness zone 3-7 `Charles Joly': double, magenta blooms `Ellen Willmott' : double, white blooms `President Lincoln': single, blue blooms `Sensation': single, purple flowers with white edges WQD4lIf-num APO Gbum °CCompalcCtum, Viburnum, Compact American cranberry An excellent compact, rounded shrub. Green, maple-like foliage in summer changing to orange-red in fall. Produces white flowers followed by minimal red fruit in fall. Eastside exposure is best. Height 4-6' / Spread 4-6' USDA hardiness zone 2-7 Xw" (eaeg fl®~ Mean O'TepTacR Even fire-resistant plants will burn if not well maintained. Be sure to keep all of your land- scape plants healthy with appropriate water- ing, proper pruning, etc. 32 Ponderosa pine and western larch are among the most fire-resistant conifers due to their thick bark, which protects them from fire, and the high moisture content of their foliage. Maintenance tip: Conifers and other large trees that are next to the house should be pruned to a height of 15-20 feet above the ground, or to just above the lower roof line, to help pre- vent fire from reaching the house or tree crowns. O Full sun 0 Full sun/part shade 0 Full shade Western larch An attractive, deciduous conifer with a pyramidal growth habit and soft, green needles that turn yellow in fall. Height 100-180'/ Spread 30-40' USDA hardiness zone 4-7 O f" L. 49 41*0 CY Very low water Low water Moderate water Attracts butterflies Attracts birds SL 4 ~ Deer-resistant Ponderosa pine Beautiful pine tree with long, green needles in groups of two or three. Growth habit becomes more open with age. Interesting bark texture and cinnamon-brown bark color. Height 50-60' / Spread 20-25' USDA hardiness zone 3-6 r M Good in rock gardens 33 UCCA-UD CC DUUUU U5 Acer gkna§ai Amur maple Small tree or large shrub with irregu- lar growth habit and excellent red fall color. Good choice for a small area, can be used to create a hedge. A subspecies of Tatarian maple. Height 15-20'/ Spread 15-20' USDA hardiness zone 2-8 U 0 r r~ AcceF maucrf®phyff m Bigleaf maple A large shade tree with large, glossy, green leaves changing to yellow in the fall. Often found near stream banks. Height 30-75' / Spread 30-50' USDA hardiness zone 5-7 r' 34 AccerP mbrr m Red maple A fast-growing shade tree with bright- green leaves and excellent scarlet fall color. Prefers moist soils. Several vari- eties available. Height 4040' / Spread 10-40' USDA hardiness zone 3-7 * a Horsechestnut A large shade tree with rounded growth habit, attractive white flowers, and large, spiny fruits. Height 40-50' / Spread 30-40' Flowers: white USDA hardiness zone 3-7 O f;~llr~r~o~ i[Qmt c~Jll~i©~lo~ Mountain alder Grown as a small tree or multistemmed shrub. Dull green foliage and very cold- hardy. Often found near water. Height 20-25' / Spread 15-20' USDA hardiness zone 5-8 f O low 35 Red alder A deciduous tree with an open, conical growth habit and spreading branches. Often found in wet areas. Dark-green foliage and smooth, light-gray bark. Height 45-50'1 Spread 20-30' USDA hardiness zone 5-8 I I i l ~I 7 le, _00 7 Photo: Gerald and Buff Corsi © California Academy of Sciences Birch An ornamental tree with bright-green foliage, changing to yellow in fall. Several varieties have interesting bark texture and are known for their distinct white bark. Height 30-40' / Spread 20-30' USDA hardiness zone 2-9 ~r 0 European white birch (B. pendula): showy white bark and upright habit Jacquemontii birch (B. jacquemondi): excellent white bark and narrow, pyra- midal growth habit Cutleaf weeping birch (B. pendula `Gracilis'): drooping branches and cut leaves Paper birch (B. papyrifera): upright, pyramidal growth habit and white bark River birch (B. nigra): curling, cinna- mon-brown, peeling bark CCea§pa spedosa Western catalpa A large shade tree with green, heart- shape leaves and attractive, creamy- white, orchidlike flowers followed by long, thin, seed pods. Height 40-50' / Spread 20-25' Flowers: white USDA hardiness zone 4-8 a v i 36 ~CcSX3 acccodenn as Common hackberry A large shade tree with light-green leaves and interesting corky bark. Very drought tolerant. Height 40-50'1 Spread 35-40' USDA hardiness zone 2-9 C®hmuls OOYf Ida Flowering dogwood A small, ornamental shrub with showy pink, reddish, or white "flower" bracts and an open, low-branching, irregular growth habit. Several varieties available. Height 20-30'/ Spread 15-20' Flowers: pink, red, white USDA hardiness zone 5-9 1r~11 O ~ (CaTdar canadeflgos Eastern redbud An attractive, small ornamental tree with showy, pink, pealike blooms in early spring. Also has green, heart- shape leaves in summer, changing to yellow in fall. Needs protection in harsh, cold environments. California or western redbud (C. occidentalis) also is fire-resistant but less hardy. Height 25-35'/ Spread 15-20' Flowers: pink USDA hardiness zone 4-9 37 OH_F§-MVBUOo O 0,E~,Resuo Opedes Hawthorn Small ornamental tree with single or multiple stems, white or red flowers, and showy fruit that attracts birds. Some varieties are thornless. Height 15-20' / Spread 10-15' Flowers: white, red USDA hardiness zone 4-7 O~ European beech A large, slow-growing shade tree with a densely pyramidal to rounded growth habit. Lustrous, dark-green leaves in summer, changing to bronze in fall. Varieties available with colorful foliage. Height 50-60' / Spread 35-45' USDA hardiness zone 4-7 O °y Fmzoflus peflnsy§vafl ca Green ash Large, upright shade tree with rounded growth habit and nice yel- low fall color. Good alternative to maples and oaks. All varieties are male and fruitless. Height 40-60' / Spread 20-40' USDA hardiness zone 3-9 O ~ `Marshall's Seedless': rounded habit with dark-green leaves `Patmore' : rounded habit, very cold- hardy `Summit': more upright and narrow than other varieties 41 -afflaim 38 AiW"i White ash Similar to green ash. Dense, rounded shade tree with beautiful fall color in shades of red, yellow, and maroon. Requires more water than green ash. Height 40-60'/ Spread 20-40' USDA hardiness zone 3-9 P`1 0 `Autumn Purple': a seedless variety with dark-green leaves that turn maroon in fall Giladrl&'R i Idacamgmgs Va.To 110e IM11.9o Cd0 Thornless honeylocust These trees provide a filtered shade environment with their fine leaves. There are many thornless and seedless cultivars available in various sizes and growth habits. Height 35-40' / Spread 30-50' USDA hardiness zone 3-9 0 `Shademaster': a dense, large variety with yellow fall color `Skyline': growth habit is more pyra- midal and upright `Sunburst': golden/yellow leaves on the new growth, eventually changing to green. i j I i' 39 Kentucky coffee tree A large shade tree for large areas. Leaves are dark green in summer. Female trees produce large seed pods. Height 40-50'1 Spread 30-40' USDA hardiness zone 3-8 O Quaking aspen Light bark and trembling green leaves make this a popular tree. This tree will sucker and produce groves, so it should be used in a larger landscape setting. Prefers moister soils. Excellent yel- low fall color. Susceptible to several diseases and insects. Height 30-40'1 Spread 12-15' USDA hardiness zone 1-8 P. tremula `Erecta': Swedish aspen has an upright, columnar growth habit and is said not to sucker as much as quak- ing aspen. Western or California sycamore A large, fast-growing tree with dark- green leaves and flaking bark in shades of white, brown, and gray. Height 40-80' / Spread 50-70' USDA hardiness zone 7-9 0 41 t~'-~ ,f A I- 'TI IC~C~DIF CI1DD UDZ Fngfl o VATg koaypa Chokecherry A medium-size tree to large shrub with green leaves and white flowers followed by edible purple fruits. Will produce suckers. Height 20-30' / Spread 18-25' Flowers: white USDA hardiness zone 2-6 U O Canada red chokecherry Green leaves emerge in spring and change to dark red in summer. Fragrant, white flowers in spring followed by purplish-red fruit, which can be used for jams, jellies, and wines. Also sold as a large shrub. Height 20-30' / Spread 15-20' Flowers: white USDA hardiness zone 3-8 C o Oregon white oak Known for its large, twisting limbs, this large shade tree has dark, glossy, green leaves, changing to reddish brown in fall. Height 40-90' / Spread 30-60' USDA hardiness zone 6-9 C ° 42 i QlcOe ccus paIIus rs Pin oak A fast-growing oak with dark-green, bristly leaves and lower, pendulous branches. Young trees have a pyramidal growth habit, but form becomes more open and rounded as trees mature. Pre- fers acidic soils. Height 50-70' / Spread 25-40' USDA hardiness zone 4-8 O Query= r, ulboa Red oak One of the faster growing oaks, good for a large area. Dark-green summer leaves have pointed lobes. Nice fall colors of red, orange, and brown. Height 60-75'/ Spread 40-50' USDA hardiness zone 4-8 o ~ y P 43 A®l~Mod pseuzaaccaccm 'Puypm e Robe' Purple Robe locust An upright tree with attractive, fragrant, purple flowers. Yellow fall color. Very adaptable tree in tough environments. Height 30-40'/ Spread 20-30' USDA hardiness zone 3-8 T,cE ~-DBUDD UGU§ SS®r rug aucvpa-o'@ Mountain ash An attractive, ornamental tree with an upright, oval growth habit. Displays showy white flowers in spring, fol- lowed by orange-red fruit that per- sists. Fine-textured, dark-green leaves provide some fall colors of red, yellow, or purple. Height 20-30' / Spread 15-20' Flowers: white USDA hardiness zone 3-7 o F~afltt avadab®fetty If you are unable to find the plants you want locally, visit the Oregon Association of Nurseries website for plant availability at: http://www. nurseryguide.com or the Washington State Nursery & Landscape Associa- tion at http://www.wsnla.org/public/ home. shtml under the buyers guide. GbflMce use Amy Jo Detweiler Phone: 541-548-6088 x 12 E-mail: amyjo.detweiler@ oregonstate.edu Stephen Fitzgerald Phone: 541-548-6088 x 16 E-mail: stephen.fitzgerald@ oregonstate.edu phone a cknow§edgment The photos in this publication have been gathered from several sources. We would like to recognize the fol- lowing individuals for their helpful contributions. Amy Jo Detweiler, Oregon State University Extension Service Patrick Breen, Oregon State University Stephen Fitzgerald, Oregon State University Extension Service William R. Hewlett, California Academy of Sciences Gerald and Buff Corsi, California Academy of Sciences t #n The Oregon State University Exten- sion Service provides research-based information to Oregonians in the areas of Agriculture, Forestry, Fam- ily and Community Development, 4-H Youth Development, and Marine and Watershed Resources. 44 Groundcovers Ajuga reptans Carpet bugleweed 7 Antennaria rosea Pink pussytoes 7 Arctostaphylos uva-ursi Kinnikinnick 7 Aubrieta deltoidea Rock cress 7 Ceanothus prostratus Mahala mat 7 Cerastium tomentosum Snow-in-summer 8 Delosperma cooperi Purple iceplant 8 Delosperma nubigenum Yellow iceplant 8 Dianthus species Dianthus, Garden carnation, or Pinks 8 Fragaria species Wild strawberry 9 Lamium species Dead nettle 9 Pachysandra terminalis Japanese pachysandra . 9 Phlox subulata Creeping phlox . 9 Sedum species Sedum or stonecrops 10 Sempervivum species Hens and chicks 10 Thymus praecox Creeping thyme 10 Veronica species Speedwell 11 Perennials Achillea species Yarrow 12 Allium schoenoprasum Chives . 12 Aquilegia species Columbine . 12 Armeria maritima Sea thrift 12 Aurinia saxatilis Basket-of-gold 13 Bergenia cordifolia Heartleaf bergenia 13 Campsis radicans Trumpet vine 13 Carex species Sedges 13 Coreopsis species Coreopsis or Tickseed 14 Delphinium varieties Delphinium 14 Echinacea purpurea Coneflower 14 Epilobium angustifolium Fireweed 15 Gaillardia varieties Blanket flower 15 Geranium cinereum Grayleaf cranesbill 15 Helianthemum nummularium Sun rose 16 Hemerocallis species Daylily 16 Heuchera sanguinea Coralbells 16 Hosta species Hosta lily 17 Iris hybrids Iris, tall bearded 17 Kniphofia uvaria Torch lily or Red-hot poker........... 17 Lavandula species Lavender 18 Linum perenne Flax, blue 18 Lonicera species Honeysuckle 18 Lupinus varieties Lupine 19 Oenothera species Evening primrose 19 Papaver orientale Oriental poppy 19 Penstemon species Penstemon or Beardtongue........... 19 Ratibida columnifera Prairie coneflower or Mexican hat 20 Salvia species Salvia or Sage 20 Stachys byzantina Lamb's ear 20 Yucca species Yucca 21 Shrubs-broadleaf evergreen Ceanothus gloriosus Point Reyes ceanothus 22 Cotoneaster apiculatus Cranberry cotoneaster 22 Cistus purpureus Orchid rockrose 22 Daphne x burkwoodii var. `Carol Mackie' Carol Mackie daphne 22 Gaultheria shallon Salal 23 Mahonia aquifolium Oregon grapeholly 23 Mahonia repens Creeping holly 23 Paxistima myrtifolia Oregon boxwood 24 Rhododendron macrophyllum Pacific rhododendron 24 Shrubs-deciduous Acer circinatum Vine maple 25 Acer glabrum Rocky Mountain maple 25 Amelanchier species Serviceberry ..25 Caryopteris x clandonensis Blue-mist spirea 26 Cornus sericea Redosier dogwood 26 Euonymus alatus `Compactus' Dwarf burning bush 26 Holodiscus discolor Oceanspray 27 Perovskia atriplicifolia Russian sage 27 Philadelphus species Mockorange ..27 Prunus besseyi Western sandcherry 28 Rhamnus frangula `Columnaris' Tallhedge 28 Rhamnus frangula `Asplenifolia' Fernleaf buckthorn 28 Rhododendron occidentale Western azalea 29 Rhus species Sumac . 29 Ribes species Flowering currant . 29 Rosa species Hardy shrub rose . 30 Rosa woodsii Wood's rose . 30 Salix species Willow . 30 Spiraea x bumalda Bumald spirea . 31 Spiraea douglasii Western spirea . 31 Symphoricarpos albus Snowberry . 31 Syringa species Lilac . 32 Viburnum trilobum Viburnum, Compact American `Compactum' cranberry . 32 Trees-conifer Larix occidentalis Western larch . 33 Pinus ponderosa Ponderosa pine . 33 Trees-deciduous Acer ginnala Amur maple . 34 Acer macrophyllum Bigleaf maple . 34 Acer rubrum Red maple . 34 Aesculus hippocastanum Horsechestnut . 35 Alnus rubra Red alder . 35 Alnus tenuifolia Mountain alder . 35 Betula species Birch 36 Catalpa speciosa Western catalpa 36 Celtis occidentalis Common hackberry 37 Cercis canadensis Eastern redbud 37 Cornus florida Flowering dogwood 37 Crataegus species Hawthorn 38 Fagus sylvatica European beech 38 Fraxinus pennsylvanica Green ash 38 Fraxinus americana White ash 39 Gleditsia triacanthos var. inermis. cvs Thornless honeylocust 39 Gymnocladus dioicus Kentucky coffee tree 39 Juglans species Walnut 40 Liquidambar styraciflua American sweetgum 40 Malus species Crabapple 40 Platanus racemosa Western or California sycamore.... 41 Populus tremuloides Quaking aspen 41 Prunus virginiana Chokecherry 42 Prunus virginiana `Schubert' Canada red chokecherry 42 Quercus garryana Oregon white oak 42 Quercus palustris Pin oak 43 Quercus rubra Red oak 43 Robinia pseudoacacia `Purple Robe' Purple Robe locust 43 Sorbus aucuparia Mountain ash 44 rM )nng nr>R.,., Crate ITni-.itv Published and distributed in furtherance of the Acts of Congress of May 8 and June 30, 1914, by the Oregon Mate university Miension aervice, vrasurugtv.I -a- University Extension, University of Idaho Cooperative Extension System, and the U.S. Department of Agriculture cooperating. The three participating Extension Services offer educational programs, activities, and materials--without regard to race, color, religion, sex, sexual orientation, national origin, age, marital status, disability, and disabled veteran or Vietnam-era veteran status--as required by Title VI of the Civil Rights Act of 1964, Title IX of the Educa- tion Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973. The Oregon State University Extension Service, Washington State University Extension, and University of Idaho Extension are Equal Opportunity Published August 2006. $3.00 oowl C L Z C LL O J 4) LO t0 r v M 00 61)- rn O 0 (n r N O r 69 ti M O ~ 6A oo O O r r 64 ' A °o o (O O r 61) ' 4 r- O M M O O O N et O) (0 O O CD O IT M O (O O C C 00 O CO co O O O M r O O ~ r 1 E/? 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ER 61. 69. to to O It 0 0 0 M o M- 0 0 0 O O M O O 00 (D .O O O N O M co O O O Cl) M r M M O O 'O 3 m 69 0-160:464160. 69. _N N C to O U) c L m o r+ C cu O O N j O Q E (D O Q O E UUU ~o o.NOQ c 0 o lo U U D r. 2/9 Economic Development Fund Discretionary Grant Program Organization: Latino Community Association Organization Description: This organization provides and promotes education, improves access to resources and builds connections between area Latinos and the larger Central Oregon community. Project Name: High Desert Intercultural Festival Project Description: The festival, in its third year, was originally organized through the organization's Redmond Intercultural Exchange (RICE) project. The purpose was to "bring people together to learn about and celebrate our different cultures." The event grew from 150 attendees in 2007 and more than 350 in 2008 representing 20 different cultures. This year, the one-day event will be held at the Hugh Hartman campus offering dancing, singing, food, educational booths, workshops and community dialogue in a variety of languages. New this year is the addition of a $750 International Studies Scholarship to a graduating Redmond senior with plans to continue higher education in an international studies field. Project Period: April 18, 2009 Amount of Request: $2,431 Previous Grants: • FY 2009 Community Grant: $10,000 Basic Assistance Program door COMMUNITY ASSOCIATION January 30, 2009 Dave Inbody Deschutes County Administration 1300 NW Wall Street Bend, OR 97701 Dear Mr. Inbody, Please find enclosed our application for a 2009 Deschutes County Economic Development Fund grant. r ~ I am pleased to request funding for the 2009 High Desert Intercultural Festival, a unique central Oregon event that brings vibrancy, visitors and conversation to Redmond each April. We would like our application to be viewed by all three commissioners. Please do not hesitate to contact me or the volunteer planning team members who make the Festival happen, for further questions on this application or our event. Sincerely, Bra oExecutive Director R D t3JAN 2009 BOARD Of COMMisslt?titRS PKA- Y, PaFb- ru ~ Deschutes County Board of Commissioners 1300 NW 'Nall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or DESCHUTES COUNTY ECONOMIC DEVELOPMENT FUND DISCRETIONARY GRANT PROGRAM APPLICATION Direct Application to: Commissioner Tammy Barley Commissioner Alan Unger Commissioner Dennis R. Luke ~C All Three Commissioners Date: c~ 6 Project Name: i~ h bese f - ~7f-~(' l~Cc,-cti~ 5 7Vq Project Beginning Date: ! 8 24 6 '1] Project End Date: 42j i / l / 260 Amount of Request: I 13 1 Date Funds Needed: 7 ,1) / 2,6 61 LIP=, z / Applicant/Organization: (6MMIMI Tax II) 13 J Z66z,?T 4SSoci 4 b~ Address: IN l 30 h k) tJ-6td'Y 1 t7 &4, city & zip: L~~Ilj, op- (q Contact Name(s): brfi~r ~ f Telephone: ML 332--J 1, Fax: - J1` 2_ Alternate Phone: Email: brad Q (u~ (fit , p~ On a separate sheet, please briefly answer the following questions: 1. Describe the applicant organization, including its purpose, leadership structure, and activities. 2. Describe the proposed project or activity. 3. Provide a timeline for completing the proposed project or activity. 4. Explain how the proposed project or activity will impact the community's economic health. 5. Identify the specific communities or groups that will benefit. 6. Itemize anticipated expenditures*. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions.. if any. If the grant will support an ongoing activity, explain how it will be funded in the future. Attach: Proof of the applicant organization's non-profit status. * Applicant may be contacted during the review process and asked to provide a complete line item budget. Tammy Baney: Amount: Dennis Luke: Amount: Signature: Signature: Alan Unger: Amount: Signature: Deschutes County Discretionary Grant Program High Deser Intercultural Festival Application 1. Describe the applicant organization, including its purpose, leadership structure, and activities. Redmond Intercultural Exchange (RICE) is a project of the Latino Community Association (LCA), a non-profit operating in Deschutes County since 2000. LCA works to enable full participation of Latinos in Deschutes County by providing and promoting education, improving access to resources and opportunities, and building meaningful connections between Latinos and the larger Central Oregon community. LCA provides direct services as well as broad-based community projects, including: • Basic Assistance, by working with medical, dental, tax, legal and other specialists to provide donated or reduced-fee services. LCA provided services to over 2,300 people in 2007/08 alone. • Community Education, such as ESL and English/Spanish language groups and supporting Community Schools. • Cultural Enrichment, such as RICE, the High Desert Intercultural Festival in Redmond and the Latino Film Fiesta and Fiesta del Sol in Bend. • Volunteer Opportunities, such as mentoring and English tutoring. LCA is a registered 501(c)(3), operating with an Executive Director, staff members and a nine-member Board of Directors. LCA is a respected and vital cornerstone of support and advocacy for Latinos across Deschutes County. The RICE project has evolved since the fall of 2005, first as a weekly Spanish Conversation group in Redmond, then into a language exchange between English & Spanish speakers. In April 2007 RICE organized the first annual High Desert Inter-Cultural Festival to "bring people together to learn about and celebrate our different cultures". Shortly after the first festival a French conversation group was formed and began meeting in Redmond, and then in summer 2008 a Latina Women's Group began meeting monthly, offering women the opportunity to meet other women and hear interesting speakers, through a partnership with the Deschutes Public Library. These activities and events are organized by volunteer coordinators, committee leaders, and a number of other volunteers. 2. Describe the proposed project or activity. Fueled entirely through volunteer efforts, the RICE project of LCA provides a vital avenue to all Deschutes County citizens, in Redmond, for building cultural awareness, providing opportunity for cultural dialogue and bringing diverse peoples together to celebrate their differences and commonalities. It has grown every year in scope and number of people served. The High Desert Intercultural Festival, now in its 3`d year, began as an extension of 7' ~YiHltAYffRYr, ii?JY~ .4»Yffi%r fiC:•r' ~ffAYffif' .W.N>J:~OYeiJ»Y..%•Y%:v.~::ir:~/+YA~K•%.Yn.v.. f.~ff+W.•%•iYfii+HJfi.. A%: ~S~i.Kfi4>%Fi.fiT.J%54:4»::::n%4Y.rfM>%AfriW'SO>%SJ:-0G 1 Nigh Desert Intercultural Festival Application January 2009 our Spanish-English language exchange group, and thus celebrated Latin American cultures exclusively. This first attempt at the Redmond Grange was very well received and attended by the community. It was truly a bridging of cultures with roughly 150 people singing, dancing, sharing their heritages, and sitting to eat a meal together. The success of the event encouraged those involved to expand it and make the event more inclusive by inviting people of all world cultures to participate. Year two took place at the Hugh Hartman Campus' International School of the Cascades in Redmond and was once again well attended with over 350 visitors and more than 60 participants representing twenty different cultures. The success of the event is a reflection of the recent significant growth in population in Deschutes County of people from other parts of the US and abroad. We are much more diverse and culturally rich than we realize. The festival brings this to the surface, honors our diversity, and celebrates the contributions of everyone living in Central Oregon. The third annual Festival will once again offer a free, public one-day event in 2009, held at the Hugh Hartman campus in Redmond. Throughout the day, the Festival will provide family-friendly dance, song, food, educational booths, workshops, and community dialogue in a variety of languages, and will operate an additional two hours than in previous years. This year, the Festival will also inaugurate the first annual International Studies Scholarship, with the aim of providing $750 to a graduating Redmond senior with plans to continue higher education studies in an international studies field. The essay contest on which the scholarship will be awarded will be announced at the International School of the Cascades Cultural Mosaic Day to be held in conjunction with the Festival on Friday, April 17. The Festival relies primarily on volunteer support. Food is provided free of charge by local restaurants. Experts in dance, crafts, geography, music and other areas provide brief workshops on a revolving basis for free. Organization and planning occurs through a 10-plus person planning committee that meets from October through April. 3. Provide a timeline for completing the proposed project or activity. Planning is now in high gear for the 2009 festival, which will take place on Saturday, April 18`h, 2009. The event is planned to coincide with the City of Redmond's "Unity Week" and the International School of the Cascades' "Cultural Mosaic Day", which takes place on Friday April 17th, 2009. 4. Explain how the proposed project or activity will impact the community's economic health. This international cultural celebration brings people together in a special way to learn from and about each other's heritage, to openly express a community vision of unity and inclusiveness, and to bridge social and economic gaps that often divide us and keep us from growing and realizing our full potential as individuals and as a collective community. The v:ira..>x::rrrf.orr.;.xyxrxmr.. -Desm>rrfsamvr`7u -tu rccurua.n»rr.•mocc~.:car..ro:r~rfm:«o rr.::. fwnm-rc. .wrs..vr.<~..>rnwrrxrrm:ux~:•n .:m:.:ro-»xn» n.+r.. 5vlhY..> 4}: r/.•YFt.•r,(KY.SY.<4N:1~% r. 2 High Desert Intercultural Festival Application January 2009 J result is a more unified citizenry where we feel safe, welcomed, and invited to fully participate and contribute to the health and diversity of the place we call home. The economic benefits, therefore, are primarily those that make people who already live and work here, and want to stay and get more involved. Companies realize the value of a trained, loyal, consistent workforce. The festival is a community asset that makes people feel good about their lives, which translates into better family functioning and happier workers. Perhaps more measurable are the benefits of visitors from other cities, counties, and states who will come to enjoy the event. Visitors can become tomorrow's residents. The festival also serves as a social and professional networking event, which can lead to new students for music and dance instructors, new venues for performers, and new life ambitions for students and visitors. Specifically, we anticipate the following community, cultural and economic benefits: Cultural tourism • Last year nearly 400 people drove and walked through Redmond to attend the festival. We are planning for 600 in 2009. Community cohesion • Visibly celebrating the growing diversity in Central Oregon shines a positive light on growth and development in the area. Economic benefit • Many local retail and restaurants are participating through donation, workshops, and sponsorship, gaining valuable coverage in difficult economic times. 5. Identify the specific communities or groups that will benefit. As a free, public event all participants benefit, specifically: Members of the community who represent non-dominant cultures; Members of the community from dominant cultural groups; and Redmond retail and restaurants through traffic on day of event, and future interest by festival attendees. 6. Itemize anticipated expenditures. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. If the grant will support an ongoing activity, explain how it will be funded in the future. We are requesting $2,431 for costs associated with required school staffing, materials, supplies and developing the first annual International Scholarship program. See itemized budget, matching funds and grant request attached below. 3 High Desert Intercultural Festival Application January 2009 High Desert Intercultural Festival Application Itemized Budget and Request 2009 High Desert Inter-Cultural Festival Budget Expenses Provider Estimated Cost In Kind / (Donations Request Venue Staff-Kitchen Staff - Custodial Building Rental Grant RICE Fundraising In Kind - RSD $300 $250 $540 $0 $250 $540 $300 $0 $0 Promotions Materials (paper FI ers- hotoco in Pro rams- hotoco In Grant Partial - PremierWest Bank, Redmond Partial - Deschutes County Libra $100 $60 $150 $0 $25 $25 $100 $35 ` $125 Design Distribution Media In Kind In Kind Pro Bono / Public Service $0 $0 $0 $0 $0 $0 $0 $0 $0 Supplies Utensils/Plates Decorations Food Grant In Kind and Grant Donation - Local Restaurants $300 $100 $300 $0 $0 $300 $300 $100 $0 Music I In Kind 3,000 $3,00 0 Security All In Kind $0 $0 $0 Door Prizes All In Kind $50 $50 $0 Workshops Presenters In Kind $750 $750 0 Kids Craft Table 5. Presentation Easels Grant Grant $50 $600 $0 $0 50 $600 Scholarship Grant and CE Fundraising 700' $100 , $600 SUB TOTAL $7,250 $5,040 $2,210 ADMINISTRATION Latino Community Association $229 $0 $221 TOTAL $7,471 $5,040 $2,431 Budget Notes Venue Kitchen Staff: $50/hr x 6 hrs; Custodial Staff. $25hr/10 hrs Promotions Paper: 1,500 ct white and color paper; Flyers: 1,000 dbl sided color and black/white $.60 co Programs: 1,000 dbl sided $.15 / co Supplies Utensils: Plates cups, na kins for 600 people Music 15 Local Performers $200 per performance Door Prizes Miscellaneous donated items Workshops Scholarship Presenters: 15 30-minute presentations c@ $50 per presentation; Craft Table: Paper, markers, other; Easels: 5 White Board Style Boards @$120 each First Annual International Studies Scholarship for graduating high school senior in Deschutes County Adminlstratlon 10% of Grant Request for Latino Community Association CINCINNATI, OH 45201 Date: MAY 2 4 2000 PROGRAMA DE AYUDA INC 63333 HWY 20 W BEND, OR 97701 Dear Applicant: Employer Identification Number: 93-1260288 DLN: 17053117007040 Contact Person: KEVIN KAHMANN ID# 31081 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: June 30 Foundation Status Classification: 509(a)(1) Advance Ruling :Period Begins: January 18, 2000 Advance Ruling Period Ends: June 30, 2004 Addendum Applies: No Based on information you supplied, and assuming dour operations will be as stated in your application for recognition of e xemptiY we have determined you are exempt from federal income tax under se -ion 501(x) f the Internal Revenue Code as`an organization described in sect' n 501(c)(3) Because you are a newly created organs t-38n,--tom are not now making a final determination of your foundation status under section 509(a) of the Code. However, we have determined that you can reasonably expect to be a publicly supported organization described in sections 509 (a) (1) and 170 (b) (1) (A) (vi) . Accordingly, during an advance ruling period you will be treated as a publicly supported organization, and not as a private foundation. This advance ruling period begins and ends on the dates shown above:. Within 90 days after the end of your advance ruling period, you must send us the information needed to determine whether you have met the require- ments of the applicable support test during the advance ruling period. If you establish that you have been a publicly supported organization, we will classi- fy you as a section 509(a) (1) or 509(a) (2) organization as long as you continue to meet the requirements of the applicable support test. If you do not meet the public support requirements during the advance ruling period, we will classify you as a private foundation for future periods. Also, if we classify you as a private foundation, we will treat you as a private foundation from your beginning date for purposes of section 507(d) and 4940. Grantors and contributors may rely on our determination that you are not a private. foundation until 90 days after the end of your advance ruling period. ,if YOU'`send us`the -required information within the 90 days, grantors and contributors may continue to rely on the advance determination until we make Letter 1045 (DO/CG) Internal -Revenue Service P.O. Box2508 Cincinnati, OH 45201 Date: MAR 2 0 2007 THE LATINO COMMUNITY ASSOCIATION C/O THOMAS B WALSH PRES 1036 NE 5TH ST BEND OR 97701 Dear Sir or Madam: Department of the Treasury Person to Contact: Gregory Renier ID# 31-07231. Toll Free Telephone Number: 877-829-5500 Employer Identification Number: 93-1260288 This is in response to the amendments to your organization's Articles of Incorporation filed with the state on September 26, 2006. We have updated our records to reflect the name change from PROGRAMA DE AYUDA INC to THE LATINO COMMUNITY ASSOCIATION, as indicated above. Our records indicate that a determination letter was issued in May 2000 that recognized you as exempt from Federal income tax. Our records further indicate that you are currently exempt under section 501(c)(3) of the Internal Revenue Code. Our records also indicate you are not a private foundation within the meaning of section 509(a) of the Code because you are a public charity as described in section 509(a)(1) and 170(b)(1)(A)(vi). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2:106, and 2522 of the Code. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely, in Westcott Manager, Exempt Organizations Determinations 2/9 Economic Development Fund Discretionary Grant Program Organization: Saving Grace Organization Description: This organization provides comprehensive family violence and sexual assault services and to promote the value of living life free of violence. This is achieved by providing assistance to victims of domestic violence and sexual assault and to provide community education to break the multigenerational cycle of violence. Project Name: Pro Se Divorce Video Project Description: The grant funds will be used to develop a Pro Se Divorce Video that explains the process of filing for divorce or separation pro se (i.e., filing themselves rather than with representation). The video project is a collaboration of the Court, the Family Law Advisory Committee and social service professionals. Judge Sullivan has agreed to take the lead role in the video and go through the procedure of filing a case step-by-step. Family therapists who conduct mandatory parenting classes will provide information regarding the class requirement. Dave Hakanson, the Mental Health Mediation Counselor, will provide a segment on medication. Project Period: October 1, 2008 to June 1, 2009 Amount of Request: $3,000 Previous Grants: 0 FY 2009 Community Grant: $15,000 Emergency shelter program 12112/2008 16:04 5413897886 PAGE _01 E is 2 a Deschutes County.13oard of Commissioners 1300 NSW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202- www:deschutes.ora DESCHUTES COUNTY ECONOMIC DEVELOPMENT FUND DISCRETIONARY GRANT PROGRAM APPLICATION Direct Application to: Commissioner Tammy Bancy Commissioner Alan Unger Commissioner .Dennis R. Luke AD Three Commissioners ~ Date: Project Name:fp ' Project Beginning Date: ICI/ I Project F>ad Date: ( 1.1 _ (7c'1~ Amount of Request: - Date Funds Needed:1 <0; ~c~t,Vt'n_~ e~rlG rL, Applicant/Organization: ~~O (e, I Tait ID Address: Contact Name(s): City & Zip: Telephone: t1 Fax: c.r. Alternate Phone: 541.81 5.0 (ZM )Jojl Emall:l PM, V e_ J U J On a separate sheet, please briefly answer the following questions: L Describe the applicant organization, including its purpose, leadership structure, and activities. 2. Describe the proposed project or activity. 3. Provide a timeline for completing the proposed project or activity. 4. Explain how the proposed project or activity will impact the community's economic health. 5. Identify the specific communities or groups that will benefit. 6. Itemize anticipated expenditures*. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. If the. gxnnt will. support an ongoing activity, explain how it will be funded in the future. Attach: Proof. of the applicant organization's non-profit status. ' Applicant may be contacted during the review process and tuked to provide a complete line item budget. Tammy Duey; Amount: Signature: Dennis Luke: Amount: Signature: Also Unger Amount Signature! It-- DESCHUTES COUNTY ECONOMIC DEVELOPMENT FUND DISCRETIONARY GRANT PROGRAM APPLICATION PROJECT NAME: PRO SE DIVORCE VIDEO Describe the applicant organization, including its purpose, leadership structure, and activities. Like many shelter programs, Saving Grace began as grassroots support for abused women. In the early 1970's women in Deschutes County organized to help their friends and neighbors. Volunteers answered a crisis line and developed a network of safe houses. Saving Grace was incorporated in 1977 as a private nonprofit organization. Saving Grace's mission is to provide comprehensive family violence and sexual assault services and to promote the value of living life free from violence. The agency's primary purpose is to provide assistance to victims of domestic violence and sexual assault and to provide community education to break the multigenerational cycle of violence. Our core services are comprised of a 24-hour hotline, emergency shelter, crisis intervention, support groups and referrals. Services are available in Bend and at outreach offices in Crook, Deschutes and Jefferson Counties. Saving Grace provides other community services, including a supervised visitation and exchange program, professional trainings, violence prevention education, and. public awareness campaigns. The Board of Directors is ultimately responsible for the contracts into which Saving Grace enters. They have designated their Executive Director with the authority to sign and manage contracts. Saving Grace's Executive Director, Janet Huerta, has been with the organization since 1998. A staff of 26 individuals, working in Deschutes, Crook and Jefferson Counties, rounds out the Saving Grace staff. Saving Grace works to empower survivors and offers a program that balances intervention, support, and prevention. The proposed Pro :ie Divorce Video project that we respectfully request your assistance with will provide information and support to survivors of abuse, many of whom have been financially abused and lack funding to retain counsel for divorce proceedings. The video will also benefit the community at large, with access points at the Deschutes County Courthouse, on the County website, and at a number of other agencies. 2. Describe the proposed project or activity. The proposed project is the development of a Pro Se Divorce Video that explains the process of filing for divorce or separation pro se (i.e., filing themselves rather than with representation). Several Deschutes County Judges and attorneys have suggested that we collaborate to develop such a video to educate people on the procedure of filing for divorce, legal separation and filiation, which refers to unmarried parent cases. As many as 65% of individuals who file family law cases do not have an attorney and are self-represented. It can be difficult understanding the process and knowing what resources are available to them. This video project is a true collaboration of the Court, the Family Law Advisory Committee and social service professionals, designed to help the individuals we all serve. Judge Sullivan has agreed to take the lead role in the video and go step by step through the procedure of filing a case. The family therapists who conduct the mandatory parenting class will speak in the video to inform people of the requirement to take this class should they have children. Dave Hakanson, the Mental Health Mediation Counselor, will provide a segment on mediation and how it may be helpful in divorce/separation cases. The video will give information on the various ways divorce and separation cases are handled, such as arbitration, mediation, settlement, trial, limited legal services, and collaborative law. It will also provide referral information for further assistance, such as Legal Aid, Oregon State Bar, and how to access local attorneys for particularly complicated cases. The video will NOT provide legal advice but will be more of a guidebook on the actual process. It will be available in the Deschutes County Courthouse, on the County website, and at other agencies. It will be similar to the Restraining Order Video that Saving Grace and the Court produced which is currently available in the aforementioned ways. 3. Provide a timeline for completing the proposed project or activity. The script was developed in late 2008 and is being reviewed by local attorneys, Judges, and the Family Law Advisory Committee (FLAC). All parties will sign off on the script in February, 2009. The intent is to produce the video as soon as funds are available, with a proposed completion date of June 1, 2009. A local video producer has agreed to develop the video within the budget requested. 4. Explain how the proposed project or activity will impact the community's economic health. The project will impact the community economically from a number of perspectives. By giving people the knowledge they need to go through a family law case - particularly those with limited income - litigation can be avoided. Currently, the Court dockets are jammed with family law cases; we believe the video will provide solutions for those seeking divorce/separation rather than going before Judges for long, oftentimes drawn-out hearings. It is a benefit to the entire community to have the court dockets freed up so that all cases, criminal and civil, can be addressed in a timely manner. A major concern of the video is with child safety and welfare. We all know children can suffer deleterious effects when parents divorce or separate. Children in abusive households particularly suffer at the time the parental relationship is ending. It is a 2 tremendous burden off the entire family when a divorce or separation case is handled efficiently and with minimal conflict. 5. Identify the specific communities or groups that will benefit. The Pro Se Divorce Video will benefit the court system, by freeing up the docket so that other cases can be handled efficiently. As mentioned previously, children will benefit from this project by minimizing the cost and conflict often found in divorce/separation proceedings. Low income individuals who can't afford an attorney and must file a case by themselves will benefit. Those in abusive relationships will learn more about the pro se process, which can reduce barriers in leaving abusive relationships. The video will encourage others to seek the assistance of an attorney with more complicated issues, which will certainly benefit the court. 6. Itemize anticipated expenditures. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. If the grant will support an ongoing activity, explain how it will be funded in the future. • The $3,000 that is respectfully requested will solely be used to pay for production costs of the Pro Se Divorce Video. Payment of $3,000 will be given to a local video producer. • The Judges', attorneys', and other agency representatives' time spent on the video will be donated in-kind. The in-kind time spent on this project is estimated at a minimum of $1,500. • The grant will not support an ongoing activity. 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Cc1 '1».,:~, °{l F's 1In IE. 1 E -E } !f L" ~rOu CX*a"'-p st.:u'lis {.a , V Oi3 < h >tz r , j ` Sr..:.f }1 Yi.C. ~31v S1.~-~+1 E ..f ont.act i:{i:e p(aA--s.cn 'k}lose nwilie wid yeI(;pih .,...:¢F}{`E?. )fUiSSi: Il t~.E .Et::Win's LCDC will be seeking public input on the following key questions and alternatives as part of its deliberations on the proposed ACSC: 1) Should resorts and other large-scale development be allowed in the Metolius basin? What specific areas should be protected, if any, from large-scale development? o Development should be allowed to proceed under current rules? o Large-scale development should be prevented in the Upper Metolius basin (what about the portion in Deschutes County)? o Large-scale development should be prevented throughout the entire Metolius basin? o Large-scale development should be prevented both inside the entire Metolius basin, and in a three-mile buffer area around the basin? If large-scale development is not allowed, what is "large-scale?" o Only resorts should be limited? o Resorts and subdivisions should be limited? o Only developments that are not allowed under current law on forest lands and in unincorporated communities (Camp Sherman) should be limited? Should there be a buffer area around the basin where large-scale development is managed to limit its effects inside the basin? If so: o How large should the buffer be? o What use limitations should be included? ■ No use limitations should be included? ■ Only very low water use should be allowed (no golf courses)? ■ No adverse effects (or no substantial adverse effects) on water quantity or quality in the (upper/lower) Metolius should be allowed? ■ No adverse effects (or no substantial adverse effects) on water quantity or quality in other watersheds should be allowed (Fly Creek, Whychus Creek, others)? ■ No adverse effects (or no substantial adverse effects) on deer winter range in or around the Metolius should be allowed? ■ No significant adverse effects should be allowed on local roads or state highways? ■ Other adverse effects that should be managed through an ACSC? 2) Should an ACSC assure that Jefferson County may proceed with some destination resort development? If so, where? 3) Should an ACSC provide relief to property owners if they are unable to proceed with resort development as a result of the ACSC? o If so, what form should relief take? o Is a smaller-scale outdoor recreation-oriented resort with a small footprint a concept the state should encourage in other locations? Metolius ACSC Staff Discussion Draft 2-6-09 The Metolius Basin Area of Critical State Concern Staff Discussion Draft-This draft is a starting point for public discussion of the proposed Metolius Area of Critical State Concern. It includes the elements required by the statute authorizing ACSCs; but whether to adopt the ACSC and (if so) the final content of the ACSC will be up to the Land Conservation and Development Commission (LCD') and the Oregon legislature to decide. Proposed management prescriptions are presented only to help fogA LCDC subcommittee hearings on Febrq&7 that if a final ACSC draft. Please see the Discussion Commission is seeking input an. LCDC will be seeking public following, as part of its delibf (1) Should resorts in the Metolius basin? if any, from large-scale development? proceed under current rules? revented in the Upper Metolius basin 1 es County)? >e prevented throughout the entire 0 ould large le de~pment be prevented both inside the entire lius basi d in a buffer area around the basin? If so, what should th of the fer area be? If large-scale nt is not allowed, what is "large-scale?" 0 Should sorts be limited? o Should resorts and subdivisions be limited? o Should any development that is not allowed under current law on forest lands and in unincorporated communities (Camp Sherman) be limited? Should there be a buffer area around the basin where large-scale development is managed to limit its effects inside the basin? If so: o How large should the buffer be? o What use limitations should be included? ■ Should no use limitations be included? ■ Should only land uses that involve very low water use be allowed (no golf courses)? and corresponding ,and testimony at the 6th. It is expected ily dii fer from this me olIRLauestions the alternatives, including the Metolius ACSC Staff Discussion Draft 2-6-09 ■ What limitations are appropriate to protect water quantity or quality in the (upper/lower) Metolius? ■ What limitations are appropriate to protect restoration efforts in Whychus Creek? ■ What limitations are appropriate to protect deer winter range and/or elk habitat in or around the Metolius? ■ Should there be management tools to address effects of large-scale development on local roads or state highways? ■ Are there other adverse effects that should be managed through an ACSC? (2) Should an ACSC assure that Jefferson County may resort development? If so, where and in what form? (3) Should an ACSC provide relief to props resort development as a result of the ACSC 0 0 If so, what form should relief take? Is a smaller-scale, outdoor recreatic concept the state should eg&Lage with some destination unable to proceed with a Metolius ACSC Staff Discussion Draft 2-6-09 TABLE OF CONTENTS Introduction II. Purposes. III. The Proposed Boundary......... 1 IV. Summary of State and V. Land Use Management P .................4 ...........13 ....14 18 ..................20 Metolius ACSC Staff Discussion Draft 2-6-09 1. INTRODUCTION The Metolius Basin (the "Basin") is part of the greater Deschutes River watershed, and includes portions of southwestern Jefferson County and northwestern Deschutes County. The Basin includes the unincorporated community of Camp Sherman, and is recognized for its unique natural resources, scenery, and recreational opportunities. [INSERT AREA MAP] The majority ofq forest uses under and zoned for 4 (Forestdands). This Goal, and kto forest operations, recreation, forest-related dwellings. managed for thel: Prominent natural at the Basin's western ClWated as an unincorporated community iivis 22, which allows for non forest-related ctivities. The majority of lands in the Basin are e United States Forest Service (USFS). in the Basin include the Cascade Mountain Range dary and Green Ridge, which runs north-south [INSERT AREA MAP, WITH ZONING LAYER FOR PRIVATE LANDS, SHOWING FOREST AND UNINC. COMMUNITY] The Basin is directly south of, and partially included in, the Warm Springs Indian Reservation. The portion of the Basin located beyond the Reservation is included in the ceded territory of the Warm Springs Tribe. 4 through the middle of the Basin. Metolius ACSC Staff Discussion Draft 2-6-09 According to the Tribe, the area includes traditional huckleberry gathering areas, village sites and other areas of tribal historical and spiritual significance. The Tribe holds treaty rights entitling members to hunting, fishing and gathering privileges. The importance of hunting to the Tribe causes great value to be placed on the Basin's mule deer herd that drifts between the Reservation lands and public and private lands south of the Reservation. Any conflicts to herd health or numbers, or limitations of the herd's ability to follow traditional migration routes would likely be viewed as a negative consequence by the Warm All of the Deschutes National Forest lands Scenic River corridor were ceded to the,A Bands of Middle Oregon through thgWi the Indians exclusive rights of "takinl%Lh and bordering the reservation " Indians 2M gathering roots and berries, uring 1 common with citizens." The tie# c c perpetuation of fishing. Metolius Wild and knt by the Tribes and 1Wtreaty reserves for ims 1%ng through on unclaimed lands in Native Americans sacred sites and root gathering and Reservation are consulted by early stages of aq administered lands use areas within cc l g men'f11%equired by the Archaeological t o , and as recommended by the Historic The st Service and State also contact and e al representatives and resource specialists in the r activity planning on Forest Service or State ay] affect Tribal interests, treaty rights or traditional tribal lands. "The tribes are concerned with possible impacts to four types of land bases: The Reservation., ceded lands, usual and accustomed lands and ancestral lands. The Tribes have their own Wild and Scenic Code, which includes the Metolius as one of the Rivers to be protected for cultural and other values, and have said that a consistent Tribal goal is to keep the river corridor as primitive as possible." (US. Forest Service Wild and Scenic River Management Plan) 5 Metolius ACSC Staff Discussion Draft 2-6-09 The Basin's current settlement pattern goes back over 100 years to the turn of the 19`'' century. Today the Metolius River corridor is served by a well- developed system of paved roads and nine public campgrounds. The Wizard Falls Fish Hatchery has been in operation by the Oregon Department of Fish and Wildlife since the 1940's and continues to be a popular attraction. The Head of the Metolius, the location where the Metolius River begins as a surface water feature is supported by a well-maintained parking lot, restroom facilities and a paved trail to an observation deck overlooking the site. Commercial establishments serving visitors to tb&sin are available in Camp Sherman and cabin rentals and other be found at many locations in the immed' ici nonpaved Forest Service roads provid ess to lands. At the time Oregon's statewii land use the end of 1974, the state co d se` of Critical State Concern (AC large subdivision to protect deer one of four areas the Land to recQA man the areas tq Metoliu in was f forest and uses, could occur. r statewide land us regulations implemei in the accommodations may Many paved and the Basin's public in 1973 to for designation as Areas faced with several sistance in planning pd e Metolius basin was ously Iftisidere such a designation. Ultimately, IV n opm ommission (LCDC) decided not C esign t e legislature -instead, protecting h ial stat oals. Deer winter range in the r ted me extent through planning the lands for an itin he amount of residential development that ran lso received additional protection under goal 5 (Natural Resources) and county land use g that goal. In 1988, Congress designated the upper reaches of the Metolius as a federal Wild and Scenic River. In the same year, the Oregon legislature designated the upper portion of the Metolius as a state scenic river. Under the federal designation the river is classified as recreational from near the headwaters to Bridge 99, and scenic from Bridge 99 to Lake Billy Chinook. The lower segment also is managed to provide a primitive recreational experience. The federal management plan for the river identifies a number of outstanding 6 Metolius ACSC Staff Discussion Draft 2-6-09 resource values, including the relatively stable year-round flow of extremely clean and cold water, and the fishery supported by the river. [MAP OF W&S RIVER CORRIDOR AND USES, FROM USFS EIS FOR MANAGEMENT PLAN] In 1990 the Deschutes National Forest established the Metolius Conservation Area. The plan for the area states "The Metolius is outstanding in the abundance of its resources and the depth of feeling with which they are held by all who visit this special The Conservation area contains ten management (sub)areas wi 86,000-acre designation. Included in the Area are Black Butte, the liu in between the wilderness boundary on the west and Ridge of east, and the "Horn of the Metolius." The ten managem areas, many of are unique, each have a specific goal and theme w1q management in the foresees ture. A in the Metolius Conservation st c to the appropriate standards an i B. Destinati the dirlfton for or initiati design and application kational Forest) In 2006 Jefferson ty b n a De tion Resort Planning project under uses - in order Planning er to Goal 8 proceed the (Recreation). have them approved by the county. Once a master plan is approved, resorts typically proceed in phases, with specific plans for each phase being reviewed by the county. to Comm ners adop rogram that included comprehensive plan provision , ing ordi a la age and a map identifying two areas as the resort pro map is the R st in siting such tat h We Afte owners h next mu wor st p a blic conceptual gs, master the plans for Jefferson their lands, County and Board of eligible for ation re development. The approval of the county's The county's destination resort map identified two areas as eligible to apply for destination resort approval. One property includes about 640-acres and is located entirely in the Basin just north of Suttle Lake. The other property 7 Metolius ACSC Staff Discussion Draft 2-6-09 includes several thousand acres of contiguous ownership laying both inside and outside of the Basin. Jefferson County's destination resort map was appealed to the Oregon Land Use Board of Appeals (LUBA) shortly after it was adopted. On February 11, 2008, LUBA remanded the county's decision, finding that the county had failed to consider certain impacts of the development on deer winter range. That decision by LUBA was appealed to the Oregon Court of Appeals, which affirmed LUBA on July 8, 2008. The part' -to the appeal then sought review in the Oregon Supreme Court, granted review, and where the appeal is still pending now. In addition to the challenge to the co legislation also was introduced duri Bill 30) that sought to ban any resort portion of the Metolius Basi well as boundary. The bill passed th S Oregon House of Representativ O wrote a letter to thAIMLeeislat ind 30, but also !decision t an appeal, 2007 legislati ssion (Senate Q®ree-miles n. Jeffer ounty's of of Basin's e, was not voted on in the 22, Nlovernor Kulongoski s about Senate Bill Inc evaluate the adequacy the Metolius Basin. The e that aMitional laws are necessary or ie jectives [to protect the waters of the and IRldlife resources in the basin], I will work develop those legislative changes so that we isure of the Metolius basin for generations to The Oregon Department of Environmental Quality (DEQ), the Oregon Water Resources Department (OWRD) and the Oregon Department of Fish and Wildlife (ODFW) evaluated whether destination resort development in or near the Metolius Basin could result in negative consequences on the areas environmental resources. All three agencies had responded to the Governor's request by November, 2007. Their conclusion was that they could not determine that development would not harm the Metolius Basin's 8 of existing laws toWect tjres Metolius ACSC Staff Discussion Draft 2-6-09 water resources and fish and wildlife populations. Important concerns were also raised by the US Forest Service. In keeping with his commitment to work with the legislature to protect the Metolius in the event existing regulatory programs were not adequate, Governor Kulongoski asked the Land Conservation and Development Commission (LCDC) to consider using the one existing process designed for develop a management plan for the basin, and to into that plan. Before the plan may take Oregon legislature. As things currently stand the JefferE eligible areas is not yet approved as planning goals (due to the pending, yet able to process applicati If the Oregon Supreme Cou mapping for additional anal remanded items destination resort the basin from large- Lain broad public input itst be approved by the land use v is not two areas. sion remanding the lion responding to the the county may begin review of a ific destination resort . to approve or deny a another round of appeals. ity'`Wity to authorize development of a lied up 'm litigation for many more years. The lical State Concern process could resolve ient questions in a more timely fashion, protect development and enable Jefferson County and affected property owners to move forward with development more quickly and with far less uncertainty. C. Resources of the Metolius Basin The Metolius Basin contains a wide variety of unique environmental resources. It is a highly sensitive natural area that is ecologically and scientifically significant because of its unique hydrogeologic characteristics, resort map of this type of situation - the Area of Critical State Concern process - to Metolius ACSC Staff Discussion Draft 2-6-09 wetlands and ground water resources. As noted above, the Metolius River was added to the federal Wild and Scenic River system in the Omnibus Oregon Wild and Scenic Rivers Act of 1988 because the federal government determined the river to be remarkable in all areas of evaluation. The Basin attracts a large number of visitors as a result of its unique hydrology, natural beauty, and world-class fishing, hunting and other recreational opportunities. According to the U.S. Forest Service, the Basin sees several hundred thousand recreational-related visits every year. The Outstandingly Remarkable Values of the Metoli at serve as the basis for management of the wild and scenic corridor the Basin include: • Geologic Features (the interplay water hydrology) • Hydrologic Values (extremel in water temperature from the he • Ecology (transition z om C plant species) • Fisheries (bull trout and o • Wildlife (no ooed 1, r • Scenic R ces • Heritage rces • Recrentinn V c ts, vo sm, and ground quality of wat d unique drop awn the r desert a unique ies) The lius Riv d it utarie% home to sensitive and threatened specie ish, inclu Re d Trout and Bull Trout, and the Basin is critical to estoratio ana omous fish populations, including Spring Chin Sockey d Summer Steelhead. The Basin also contains highly sensitiv es, ' uding critical migration corridors, for wintering mule deer and elk. The Metolius Conservation Area plan created and managed by the Deschutes National Forest, identifies a "unique ecosystem" containing a wide range of habitat, wildlife and natural resources which are variably featured in the management plans for its 10 sub areas including: stands of mature Ponderosa Pine, mature and multi-level forest canopy, old growth forest, sugar pine, bald eagles, spotted owls, deer and elk summer and winter habitat, habitat for bear and cougar, diversity of species, scenic views and 10 Metolius ACSC Staff Discussion Draft 2-6-09 maintaining naturally occurring ecosystems in unmodified conditions in some areas. In addition to plans and analyses by the Deschutes National Forest, the reports provided by the Oregon Department of Fish and Wildlife (ODFW), Oregon Water Resources Department (OWRD) and the Oregon Department of Environmental Quality (ODEQ) document the Basin's important environmental features (attachments B-D). Similar findings regarding environmental and ecological significance are i by local, state and federal agencies and by theA The Basin provides a beautiful natural se 1!V'f10 supported by a network of camping a inte commercial facilities that have been ved for D. The Economic DevelopftLObj over 22,000 citi. Oregon counties only central Ore Additio 2007 erson Depart t of E d in reports prepared sector. recreation iential and efferson a population of just Fst of the three central ation. It is also the resort development. in Jefferson County. In severely distressed" by the Oregon development. In November 2008 the count an unem menWte of 12.0%, nearly 4% higher than to the statewide lev 8.1 th farming and forest products as traditional mainstays of the 1 my, Jefferson County has been pushed to diversify and place r emphasis in other areas such as tourism and less traditional measures like the Deer Ridge Correctional Facility. In addition to needing jobs, Jefferson County has found itself struggling, along with most Oregon counties, to find a replacement for the federal timber revenues that brought funds to the county budget. The destination resort industry has been identified by Jefferson County as a possible replacement for jobs lost from the timber industry and a substantial potential tax base that could help off-set approximately $500,000 that is 11 Jefferson County includes 1,7qkq7Mb& Metolius ACSC Staff Discussion Draft 2-6-09 expected to be lost in future reductions or elimination of federal timber payments. According to figures provided by Economic Development for Central Oregon (EDCO) Sunriver, one of central Oregon's oldest resort communities had an assessed value of $956,938,447 in 2004. This amount compared with an assessed value of $207,155,344 for the city of Madras, the Jefferson County Seat. The 2008 Oregon Bluebook lists the assessed value for all of Jefferson County as $1,344,354,858. These; figures suggest that successful resort development could dramatically increase, perhaps more than double, the assessed value of Jefferson Co In addition, the areas mapped by the county for possible destinatio rt consideration fall within the Culver School District, which is a al school district that would stand to benefit from the tax r s development. Jefferson County has planne or desti described in state law. The c or' correctly and elected to be mo e respects. The coun ndersta bly adoption of an al Sta and economic in is be sidere and ,a destination resort is using inWcess faith to apply the law to law requires in some he state is considering concerned that its fiscal could also have both positive isters functions as a service center Ni-,b-e- nab rge surrounding the city. Although the populcity is 75 f July 1,2008), the Sisters School Distrito the y's Chamber of Commerc e, draws from a popul4, which is as large or larger than most of eastern Oregon's biggest ci d is about two-thirds the size of the entire population of Jefferson County. Additional resort development on nearby lands could, possibly, bring additional employment and business development opportunities to the area. Such development also would likely require improvements to area roads, and increase demand for police, fire and other public services. While the Metolius Basin is a unique and special resource for the State of Oregon, Jefferson County's efforts to create economic opportunities for its 12 Metolius ACSC Staff Discussion Draft 2-6-09 citizens should also be considered. Using the ACSC process, it may be possible to identify opportunities for forms of resort development that avoid adverse environmental and other effects, while still providing economic benefits to the county and residents of the county. This could mean both limiting development in sensitive areas, and allowing development in other areas where it would not otherwise be possible. E. Private Property Interests At least two private property owners could MBACSC - the owners of the two nronerti mapped as eligible for siting destinati properties after the statewide planni oa: Jefferson County Comprehensive Plan Jefferson County initiating a~Lination r current owners are not, nor resort or any other type of i zoning in effect w the properties a ned Depending on the ific parcels 2 Neve ess, the m with Je n County requiiremen Oregon Both owners h nvest the county planni ; proposal. tly affected by the erson County has >t ners acquired their adop nd the lodged, rior to Wing progra . The to develop a destination a ae Basin. Under the still in place today, i forest-related uses. lings would be allowed only on niM that both property owners worked ie destination resort planning Statewide Planning Goal 8 (Recreation). ignificant time and resources to participate in and to create their own respective development An objective of the MBACSC is to include provisions that provide some relief to these two property owners. The types of relief that could be considered may supplant state and local laws that would otherwise apply. If an outcome different than that offered through the local planning process is created, the affected property owners may have an opportunity to receive some level of nonmonetary consideration. Part of the ACC process and 13 Metolius ACSC Staff Discussion Draft 2-6-09 public discussion will be to help the Commission decide whether, and to what extent, those affected property owners should be compensated in some manner. Alternative approaches could include land -purchases, land exchanges, transfer of development authorizations (approval to site development without a goal exception), or alternative development options that have lesser impacts. II. PURPOSES In addition to seeking public input on protect the Metolius Basin and its rely that plan should contain, LCDC also to achieve two other objectives: How to allow Jeffers scale development t] fiscal benefits to the sort other large- employment and ected by protections a reasonable return on all three of these objectives in order ("MBACSC") be Ian that is balanced and responsive to the Metolius Basin Area of Critical State Concern to achieve three important objectives. 1. First, the MBACSC should protect the Basin from large-scale development that is inconsistent with the environmental, cultural and scenic values and resources of the Basin. Defining exactly what area, and what type of development should be limited (if any) is one key element of this planning process. 2. Second, the MBACSC should reflect the economic development objectives of Jefferson County and the City of should be a state plan to kW, if so, what elements i.s'l to consider how 14 Metolius ACSC Staff Discussion Draft 2-6-09 III. The Sisters. Resort development, if carefully designed and sited, can provide significant employment and fiscal benefits to communities. 3. Basin Subare'M lands oui subareas section. Third, the MBACSC should respect the interests of private property owners. To the extent the commission decides to recommend, and the legislature decide to limit development of properties where the owners have invested substantial amounts to pursue plans, the management pla ould identify ways to provide the owners some equitab of from those restrictions. In addition, the nt concepts embodied in the initial plans for these a may re nt new approaches to resort development t uld provide re sustainable model for this type of us he state may wi consider whether there ar alternate i at are be uited to this type of use on aI asis. BAC and its subareas are shown in u e surface boundary of the Ba 15 eserv except for the Fly Creek subbasin. e Fly Creek subbasin. Subarea 3 includes ire files of the boundary of the Basin. These policy objectives described in the preceding awn on the map below. Document Reproduces Poorly (Archived) Metolius ACSC Staff Discussion Draft 2-6-09 Metolius Basin Watershed I and Areas of Interest ~r i ow- ' , f ~ ~4E_ r s~,y, IV1eto l I l?Ollfleli)sn- Culp q- £ Dtrtclt' ~Cntle Co n Pacific z , LLC " a7 IV"olnrk J ~ - Sisters ti Bend i Zone1 Metolius B as in s o uth of WSI R, WarmSprings Indian - Watercourses less Flycre eksubbas in Reservation (VVSIR) Highways Zone2 Fly Cre ecsubbas in Urban Areas 1 County Lines Lands east of Cascades crest. t 'v Zone 3 outside WSIR. and within Metolius Watershed El Black Butte Ranch 2 miles of basin 0 3 8 j goi La It in e F 3JP 1y Miles Rydlo k< 5 CS t* U r R o r r Ii,>drokK~k (13 rles H 161ometer s tks s Hglwax:r D T ' 0 5 10 ul Ity 8ll lEUIU: 6 LU Hlltla(*:CjDF 16 Metolius ACSC Staff Discussion Draft 2-6-09 [INSERT MAP SHOWING THREE AREAS, Map above shows the Fly Creek subbasin] The entire MBACSC consists of about acres in Jefferson County and about acres in Deschutes County for an estimated total of about 240,000 acres (or 448 square Amiles los t all of the MBACSC located in Deschutes County is public landson County the split is closer to half public and half private lands. To respond to the three priorities des MBACSC boundaries include three Creek); 2) Lands within the Fly Creek miles of the Basin. A draft 1 e m; limitations and authorizations Section IV. The following is a ME prescriptions. 1. The Lands map u Basin i in northe destination 2. Lan( the proposed xcept for Fly in within three areas, is described in bksed management ell~ted according to the watershed ter urces Department. Much of the ,pty. A small portion of the Basin is located n ge-scale development, including to be prohibited within this subarea. Lands in the Fly Creek subbasin are entirely within Jefferson County. Large-scale development, including destination resorts, also are proposed to be prohibited in this area, except that certain open space and passive recreational uses (possibly associated with a resort) would be allowed. 3. Lands within the Three-Mile Buffer Area 17 Metolius ACSC Staff Discussion Draft 2-6-09 There would be no prohibition on destination resorts or other large-scale uses within this area. However, such uses could not exceed a total dwelling/unit number of residential units in Deschutes County [note: need to make sure this includes Black Butte approved units, plus some room for future development] and residential units in Jefferson County. Large-scale development within this area (including destination resorts) would have to comply with special management standards designed to protect against or avoid the following: • Adverse effects to quantity or quality of in the Metolius River; • Adverse effects to restoration efforts ' :ychus Creek subbasin; • Adverse effects to deer winter conflicts between human deve • Adverse effects to state and , including 18 Metolius ACSC Staff Discussion Draft 2-6-09 IV. SUMMARY OF STATE AND LOCAL POGRAMS Several state programs apply in addition to Oregon's Statewide Planning Program and the Jefferson County Comprehensive Plan. 1. Oregon Water Resources Department. OWRD is responsible for administering the D Mitigation Program, which was developed to uses while maintaining scenic waterway and the Deschutes Basin. The program is auth 537.746 and House Bill 3494 (2005 Or Oregon Administrative Rules (OAR Ater The goals of the Maintain flows for including ins Facilitate River an ted tj Sustain exis w~ ; Ground Water for new ground water water right flows in ORS plemented in s 505 and 521. water rights, of the Deschutes growth through new ission ('WRC) is required to evaluation N continue to be to flows within a Ntigation program. The purpose of this enic waterway and instream water right flows an equivalent or more frequent basis compared ve base period. The first five year evaluation of the Deschutes Mitigation Program has been completed. 2. Ore onnDDepartment of Environmental Quality (DEQ). DEQ is responsible for water quality issues in the state of Oregon, which includes Total Maximum Daily Load (TMDL) and Water Quality Management Plan (WQMP) documents prepared for water bodies in Oregon 19 Metolius ACSC Staff Discussion Draft 2-6-09 designated as water quality limited on the 303(d) list. A TMDL is the calculated pollutant amount that a waterbody can receive and still meet Oregon water quality standards. Some streams with-in the Metolius Basin are water quality limited. 3. Oregon Parks and Recreation Department (OPRD). OPRD implements programs designed to protect state scenic water ways. Specific rules for the Metolius River Scenic Waterway have been codified at OAR 736-040-0056. The administrative rules ing to the Metolius River Scenic Waterway describe segments o ver designated Recreational River Areas and a River Co it a. The rules provide guidance for construction and standar locating structures, road and facility placement as well as timber esting and othe ilar uses. 4. The mission of the Oregon D protect and enhance Oregon's enjoyment by pre uti angling activiti d ha wildlife habitat. W al wildlife anJ bLunans. 5 ODF's to Forestsl million acre rivate i and operators o w to in compliance with W FFis ildlife (ODFW) is to fe an it habitats for use and F egulates hunting and act s that can affect fish and le for managing conflicts between hgulates forest operations on nearly 12 it forestland. They guide forest landowners forest operations and activities so they are ictices Act administrative rules. FPA rules apply to harvesting, reTorestation, road construction and repair, slash disposal (treetops, branches, brush and tree limbs left on the ground after a logging operation), chemical use and stream, lake and wetland protection. Sensitive resource sites, such as bird nesting and roosting locations, and threatened and endangered species sites are also protected under the rules. 20 Metolius ACSC Staff Discussion Draft 2-6-09 V. LAND USE MANAGEMENT PLAN The proposed land use management regulations identified in this Section would apply in addition to, and in some cases instead of, other state and local land use statutes, rules, and regulations governing development in the MBACSC. In the event that any state or local land use law conflicts with the MBACSC management plan, the MBACSC management plan would control. 1. Jefferson County's Destination Resort Upon the Oregon legislature's approval of tfM 'SC, the matter of Jefferson County's destination resort g proje all be resolved. The portion of the county's adopted dest' n resort map s ing lands outside of the Metolius Basin shall be conside ckno dged, a all be deemed to comply with the wide Ian ing goals applicable statutory and rule requireme area o ap showing lands outside of the Metolius Basin is in effe n Ian eligible for the siting of destination resorts rtion o e co do destination resort map showingar nsi the M asi 11 have no legal effect, and the map does utho e the si of destination resorts in that area. Notwit RS th~0 month period following legis e approv thi , Jef e County may amend its destination resort ithout w g 3 nths. Any amendments to Jefferson County's f areas a 'ble fo estination resorts shall comply with all other applicab ovisio f law, including any applicable provisions of this MBACSC. 2. MBACSC Land Use Regulations 2.1. Subarea 1: Metolius Basin (except Fly Creek subbasin) 2.1.1. Prohibited Uses and Activities. The following uses and activities are prohibited on all lands in Subarea 1 (Metolius Basin, except Fly Creek): 21 Metolius ACSC Staff Discussion Draft 2-6-09 Any new destination resort described by Statewide Planning Goal 8 (Recreation) or ORS 197.435 to 197.467. Any new residential, commercial, industrial or other development that would require an exception to Statewide Planning Goals 3, 4, 11, or 14, and that also exceeds the limitations of OAR 660-022-0030 for a rural community. 2.1.2. Special Land Use Provisions. Notwithstanding paragraph 2.1.1. of this section, Jefferson County may allow portion of the Basin within Jefferson Courg comprehensive plan or land use re All uses allowed by the plan and land use regulations I currently allowed within the C The development of no vmR uses within the amending its comprehensive tion, those uses cabins, each r wit e areas mapped as i on ounty map adopted Vounty ll not allow any outdoor Ikiated with such uses, and shall s %d in order to minimize conflicts Igffer with the Oregon Department of R Department of Forestry concerning to minimize conflicts with wildlife, 2.2. Prohibited Uses and All uses and activities described in section 2.1.1 are prohibited, except that open space and recreational uses allowed under Goal 4 and Goal 8 may be allowed by Jefferson County as long as they do not require the use of water for irrigation or for a golf course, and if they are designed to avoid conflicts with deer and elk populations, based on the recommendations of the Oregon Department of Fish and Wildlife. wildland fire protection. Subbasin of the Metolius Basin 22 Metolius ACSC Staff Discussion Draft 2-6-09 2.3. Subarea 3: Metolius Buffer Area (area within three miles of the boundary of the Metolius Basin) 2.3.1. Allowed Uses. All uses and activities allowed under Jefferson County's acknowledged comprehensive plan and land use regulations are allowed, subject to the provisions of section 2.3.2. All uses and activities allowed under Deschutes' County's acknowledged comprehensive plan and land use regulations are allowed, subject to the provisions of section 2.3.2. 2.3.2. Special Land Use Management Pri applicable provisions of state and local law: The total number of residential units in Deschutes County shall not exceei. The total number of residential units in Jefferson County shall noAkiWeed Land uses allowed within the 1J the effective date of managf do not result in a e in water within thi a. Land us the e e a do no ult in a annual c mnt 0 In addition to other withilft portion of subarea 3 the of subarea 3 Deschutes County after ditioned so that they R sumptive use of a 3 in Jefferson County after I be conditioned so that they more Man acre :feet in the average kvithin this area. Land uses all witJ barea 3 shall be located and designed to minimize conflic it and elk populations, based on the recommendations o gon Department of Fish and Wildlife. Any development authorized by Jefferson County or Deschutes County within subarea 3 after the effective date of this plan that meets the definition of a destination resort under statewide land use planning Goal 8, or the criteria of ORS 197.445, or that is projected to generate more than average daily automobile trips shall be required to mitigate adverse impacts on local and state transportation facilities as a condition of development approval, regardless of whether those impacts will occur in the jurisdiction where the development is located. 23 Metolius ACSC Staff Discussion Draft 2-6-09 Notwithstanding ORS 197.445, the ratio of homesites to units of overnight accommodations that would otherwise be allowed for a destination resort shall be 1.5 to 1 for any new destination resort within subarea 3. Notwithstanding ORS 197.445, a new destination resort within the portion of subarea 3 in Jefferson County is not subject to ORS 197.445(3). Notwithstanding ORS 197.455(2) lands in the portion of subarea 3 in Jefferson County may be mapped as eligible for ination Resort development without waiting 30-months fro revious Destination Resort mapping process. Mapping conduc , pursuant to this provision must satisfy all other applicab visio law and must be accomplished on or before January 1 2.4. Other Provisions for Transfer Destination resort mapping a resort without having to comp apply. Mapping o t entitle plan for the resod be a pping to seek approval of a ,vs that would otherwise ►a resort - a master Staff would like fe ck he follo g concept: moving the mapping author' iz thin asi another, more appropriate, locat' era li tions a and nature of the development to as compatibi it oundin uses and minimize environmental impacts. 24