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Home My WebLink AboutRes 072 - Fire Protection RestrictionsDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of June 25, 2014 DATE: June 19,2014 FROM: Joe Stutler BOCC 541.408-6132 TITLE OF AGENDA ITEM: Consideration of Board Signature of Resolution No. 2014-072, declaring a state of emergency based on current and predicted wildland fire danger, which would impose public use restrictions to all unprotected wildlands and County-owned lands in Deschutes County. PUBLIC HEARING ON THIS DATE? Not required, but desired by the BOCC. BACKGROUND AND POLICY IMPLICATIONS: This past winter found Central Oregon with approximately 65% of normal snow pack, and as a result, the threat of wildland fires is both early and anticipated to be severe for the 2014 fire season. The recent Two Bulls fire which resulted in significant evacuations, evacuation notices, a FEMA declaration (which was the earliest declaration in history for Oregon) and extreme fire behavior is compelling evidence that this may be an extraordinary fire season. Consequently, the Deschutes County Board of Commissioners is considering imposing public use restrictions on County-owned lands and the unprotected wildlands within Deschutes County. Unprotected wildlands are those outside of Rural Fire Protection Districts, city limits, and lands within the Oregon Department of Forestry and U.S. Forest ServicelBLM coverage areas (which have their own restriction policies). FISCAL IMPLICATIONS: The fiscal implications associated with the use restrictions may be increased staff time for the County Sheriffs Office, Legal Counsel the and County Forester. RECOMMENDATION & ACTION REQUESTED: After hearing staff and public comment, approve the Resolution. ATTENDANCE: Joe Stutler, Deschutes County Legal Counsel, Deschutes County Sheriffs Office. DISTRIBUTION OF DOCUMENTS: Legal Counsel; County Forester; Senior Advisor, Public Affairs; and County Sheriff. DESCHUTES COUNTY DOCUMENT SUMMARY Date: Rune 19, 2014] Department: iBOCcl Type of Document: Resolution declaring a wildland fire emergency Background & History: See attached Resolution and Public Use Restrictions. On Wednesday, June 25, at 10:00 a.m., the Board of County Commissioners will consider a resolution to impose public use restrictions and declaring a state of emergency, under the current dangerous wildland fire conditions. If imposed, the restrictions would help prevent human-caused summer wildfires on all unprotected wildlands, and Deschutes County-owned lands. If imposed, the restrictions could be in place immediately and continue through mid-October. Central Oregon had a low level 65% snow pack this past winter, and as a result, the threat of wildland fires is both early and severe for the 2014 fire season. The recent Two Bulls Fire, which resulted in significant evacuations, evacuation notices, a FEMA declaration (which was the earliest declaration in Oregon history), and extreme fire behavior, is compelling evidence that this may be an extraordinary fire season. The resolution being considered Wednesday includes the following public use restrictions: 1. Smoking is prohibited while traveling, except in vehicles on improved roads. 2. Open fires are prohibited, including campfires, charcoal fires, cooking fires and warming fires, except in designated areas. Portable cooking stoves using liquefied or bottled fuels are allowed. 3. Chainsaw use is prohibited, between the hours of 1 :00 p.m. and 8:00 p.m. Chainsaw use is permitted at all other hours, if the following firefighting equipment is present with each operating saw: one axe, one shovel, and one 8 ounce or larger fire extinguisher. In addition, a fire watch is required at least one hour following the use of each saw. 4. Cutting, grinding and welding of metal is prohibited between the hours of 1 :00 p.m. and 8:00 p.m. At all other times the area is to be cleared of flammable vegetation and the following fire equipment is required: one axe, one shovel, and one 2 % pound or larger fire extinguisher in good working order. 5. Use of motor vehicles, including motorcycles and all-terrain vehicles, is prohibited, except on improved roads and except for vehicle use by a landowner and employees of the landowner upon their own land while conducting activities associated with their livelihood. 6/23/2014 6. Possession of the following firefighting equipment is required while traveling in a motorized vehicle, except on federal and state highways, county roads and driveways: one shovel and one gallon of water or one 2% pound or larger fire extinguisher, except all-terrain vehicles and motorcycles which must be equipped with an approved spark arrestor in good working condition. 7. Mowing of dried grass with power driven equipment is prohibited, between the hours of 10:00 a.m. and 8:00 p.m., except for the commercial culture and harvest of agricultural crops. 8. Use of fireworks is prohibited. 9. The release of sky lanterns is prohibited. 10. The discharging of exploding targets or tracer ammunition is prohibited. 11. Blasting is prohibited. 12. Any electric fence controller in use shall be: a) Listed by a nationally recognized testing laboratory or be certified by the Department of Consumer and Business Services; and b) Operated in compliance with manufacturer's instructions. Funding Source: (Included in current budget? [ZJ Yes o No Official Review: County Signature Required (check one): 0 BOCC ;6 Department Director (if <$25K) o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _________) (1) (YV Date h,Zr3 'I tLegal Review Document Number Resolution No. 2014-072 6/23/2014 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Declaring a State of Emergency and * Imposing Public Use Restrictions on all Unprotected * RESOLUTION NO. 2014-072 Wildlands within unincorporated Deschutes County, * including all Lands owned by Deschutes County * WHEREAS, ORS 401.309 authorizes the County governing body to declare a state of emergency within the County; and WHEREAS, wildland fires endanger the health and safety of the County's population,jeopardize its economic vitality (the B & B Complex Fire in 2003 closed State Highway 20 for two weeks, resulting in economic losses of$3.5 million per day in Deschutes County) and imperil the quality ofthe environment; and WHEREAS, the Deschutes County Emergency Operations Plan (EOP) provides in part that a state of emergency exists whenever the unincorporated area of the County is in imminent danger of suffering an event that may cause injury or death to persons, or damage to or destruction of property to the extent that extraordinary measures must be taken to protect the public health, safety, and welfare; and WHEREAS, current weather patterns (forecasted into October) create conditions that greatly increase the threat and likelihood of high intensity wildland fires, including wildland-urban interface wildfires; and WHEREAS, the definition of wildland fire is an unplanned, unwanted wildland fire including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to put the fire out, and WHEREAS, the Deschutes County Emergency Operations Plan and the Deschutes County Natural Hazards Mitigation Plan encourage mitigation and prevention measures, including ignition prevention and large, catastrophic fire prevention; and WHEREAS, Deschutes County seeks to implement a course of action that will reduce the risk of wildland fires within the unincorporated area of the County, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. Pursuant to 0 RS 401.3 09 and the Deschutes County EOP, a State of Emergency is presently declared within the unincorporated areas of Deschutes County. Section 2. Effective upon signing of this Resolution, a Public Use Restriction on all unprotected wildlands within unincorporated Deschutes County, including all lands owned by Deschutes County, is in effect through October 15,2014. Section 3. The restrictions imposed by these Public Use Restrictions are listed on Exhibit 1, attached to this Resolution and incorporated herein. PAGE 10F2-RESOLUTIONNO. 2014-0n --------------- Section 4. Violations of these Public Use Restrictions imposed by this Resolution shall be prosecuted as a civil matters, as permitted by law, and may subject violators to civil damages and/or injunctive process. Section 5. Any members of the public who are in violation ofthese Public Use Restrictions while present on County-owned lands are deemed to be trespassing and are subject to criminal prosecution, as permitted by law. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Dated this of , 2014 TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair ATTEST: Recording Secretary ALAN UNGER, Commissioner PAGE 2 OF 2 -RESOLUTION NO. 2014-072 EXHIBIT 1 DESCHUTES COUNTY Public Use Restrictions Enacting Authority: Deschutes County Resolution No. 2014-072. Applicability of Public Use Restrictions: All unprotected wildlands within unincorporated Deschutes County, including all lands owned by Deschutes County. Excepting the owner's legal right of entry upon their land, entry is unlawful unless those entering comply with the following restrictions: • Smoking is prohibited while traveling, except in vehicles on improved roads. • Open fires are prohibited, including campfires, charcoal fires, cooking fires and warming fires, except in designated areas. Portable cooking stoves using liquefied or bottled fuels are allowed. • Chainsaw use is prohibited, between the hours of 1 :00 p.m. and 8:00 p.m. Chainsaw use is permitted at all other hours, if the following firefighting equipment is present with each operating saw: one axe, one shovel, and one 8 ounce or larger fire extinguisher. In addition, a fire watch is required at least one hour following the use of each saw. • Cutting, grinding and welding of metal is prohibited between the hours of 1 :00 p.m. and 8:00 p.m. At all other times the area is to be cleared of flammable vegetation and the following fire equipment is required: one axe, one shovel, and one 2 Yz pound or larger fire extinguisher in good working order. • Use of motor vehicles, including motorcycles and all-terrain vehicles, is prohibited, except on improved roads and except for vehicle use by a landowner and employees of the landowner upon their own land while conducting activities associated with their livelihood. • Possession of the following firefighting equipment is required while traveling in a motorized vehicle, except on federal and state highways, county roads and driveways: one shovel and one gallon of water or one 2Yz pound or larger fire extinguisher, except all-terrain vehicles and motorcycles which must be equipped with an approved spark arrestor in good working condition. Exhibit 1 [Res. 2014-072] Page 1 • Mowing of dried grass with power driven equipment is prohibited, between the hours of 10:00 a.m. and 8:00 p.m., except for the commercial culture and harvest of agricultural crops. • Use of fireworks is prohibited. • The release of sky lanterns is prohibited. • The discharging of exploding targets or tracer ammunition is prohibited. • Blasting is prohibited. • Any electric fence controller in use shall be: 1) Listed by a nationally recognized testing laboratory or be certified by the Department of Consumer and Business Services; and 2) Operated in compliance with manufacturer's instructions. The County Forester or an authorized representative may, in writing, approve a modification or waiver of these requirements. These restrictions shall remain in effect through October 15, 2014, unless earlier replaced, suspended, or terminated by an additional Resolution of the Deschutes County Board of County Commissioners. Maps of the subject area(s) may be viewed at the County Forester's Office, 61150 SE 27th Street, Bend, Oregon 97702. Information and maps of the closure area are also available on the Deschutes County website. http://www.deschutes.org/ Information and maps of regulated closures for the Oregon Department of Forestry can be found at the following website: http://www.oregon.gov/odf/pages/fire/precautionlevel.aspx Information and maps of public use restrictions on Deschutes National Forest can be found at the following website: http://www.fs.lJsda.gov/centraloregon Exhibit 1 [Res. 2014-072] Page 2