HomeMy WebLinkAboutOrdinance 011 - Defensible Space/Mk;Es e�
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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
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of March 23, 2011
Please see directions for completing this document on the next page.
DATE: March 9, 2011
FROM: Joe Stutler Forestry 322-7117
TITLE OF AGENDA ITEM:
Consideration of First Reading of Ordinance No. 2011-011, a Defensible Space Ordinance for
Unprotected Lands in Deschutes County.
PUBLIC HEARING ON THIS DATE? A public hearing has previously been held on the subject.
However, a news release will be issued alerting concerned citizens about the first reading of the
proposed new Ordinance to maximize attendance and to hear public comment.
BACKGROUND AND POLICY IMPLICATIONS:
Please see attachments which document both historical and policy implications.
FISCAL IMPLICATIONS:
The fiscal implications will be the additional time necessary for the County Forester to provide,
information, education and in some cases enforcement of the proposed new ordinance. At this time the
total estimated time is unknown.
RECOMMENDATION & ACTION REQUESTED:
Conduct first reading by title only of Ordinance No. 2011-011, the proposed Defensible Space
Ordinance D.C.0 Chapter 8.21 regarding Hazardous Vegetative Fuels.
ATTENDANCE: Joe Stutler
DISTRIBUTION OF DOCUMENTS:
Bonnie Baker and Georgia Springer
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY CONIlVIISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 8, Chapter 21 of the
Deschutes County Code regarding Defensible Space
on Unprotected Lands
ORDINANCE NO. 2011-011
WHEREAS, Deschutes County was one of the first Counties in Oregon to participate and implement the
Oregon Forestland -Urban Interface Fire Protection Act also known as SB -360. Deschutes County has
participated in the re-classification process in 2004 (for Oregon Department of Forestry protected lands only)
and in 2009 for hazard ratings based on SB -360 criteria resulting in all private lands throughout the County
being classified including all fire districts, municipalities and the unprotected lands in the County utilizing the
same defensible space standards (SB -360) for private lands throughout the County. Additionally, SB -360
defensible space standards are used for all private lands in each of the seven Community Wildfire Plans
developed for the County regardless of jurisdiction. Additionally current County Code (Title 8, Chapter 20)
regulates open burning on unprotected lands; and
WHEREAS, in developing the defensible space ordinance as per SB -360 standards consideration was
given for the nature of unprotected lands (no structural or wildland agency will respond), the fact that structures
and private lands have been destroyed in past years from wildland fires in the unprotected lands due to little or
no defensible space, and within the unprotected lands in Deschutes County there are approximately 150 homes
scattered throughout the County with approximately 400 people who could be adversely effected from a
wildland fire; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. ADOPTION. DCC Title 8, Chapter 21, is hereby adopted to read as described in Exhibit
"A," attached hereto and by this reference incorporated herein.
///
PAGE 1 OF 2 - ORDINANCE NO. 2011-011
Dated this day of , 2011 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
Date of 1st Reading: day of , 2011.
Date of 2nd Reading: day of , 2011.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone
Alan Unger
Effective date: day of , 2011.
ATTEST
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2011-011
Chapter 8.21
HAZARDOUS VEGETATIVE FUELS
8.21.010. Definitions.
8.21.020. Purpose and Intent
8.21.030 Lands Subject to the Standards
8.21.040 Standards
8.21.050 Standard Waivers and Reductions
8.21.060 Fuel Break Requirements
8.21.065 Inadequately protected wildland declared nuisance; Hazard
abatement
8.21.070 Duty of owner and operator to abate fire; Abatement by County
8.21.075 Recovery of Fire Suppression Costs
8.21.080 Violation; Liability for Cost of Suppression
8.21.085 Violation; Penalty
8.21.010. Definitions.
A. The following words and phrases, when used in DCC 8.21, shall mean the
following, unless the context otherwise requires:
1. "Developed land" means land which contains a structure.
2. "Driveway" means the primary, privately -owned vehicle access way that
is not a dedicated public road, serves one or more dwellings, subject to control of
the owner or occupants of the dwelling(s), and which is longer than 150 feet
when measured along the centerline from the nearest intersecting public road to
the dwelling.
3. "Dwelling" means a detached building containing one dwelling unit and
designed for occupancy by one family only, not including temporary structures
such as tents, teepees, travel trailers and other similar structures.
4. "Fire resistant roofing" means roofing material that has been installed
and is maintained to the specifications of the manufacturer and which is currently
rated by Underwriter's Laboratory as Class A, Class B, Class C, (UL 790, ASTM
E108) or is equivalent thereto in terms of fire resistance.
5. "Forester" means the County Forester or the forester's designee.
6. "Forestland" means any woodland, chaparral, timberland, grazing land
or clearing that, during any time of the year, contains enough vegetation to
constitute, in the judgment of the Forester, a fire hazard, regardless of how the
land is zoned or taxed. As used in this paragraph, "clearing" means any
grassland, improved area, pond, meadow, mechanically or manually cleared
area, road, rocky area, stream or other similar terrain that is surrounded by or
contiguous to woodland or timberland and that has been included in areas
classified as forestland under ORS 526.305 to 526.370.
7. "Fuel break" means a natural or a human -made area immediately
adjacent to a structure or 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 alongside the driveway or the structure in which
fire suppression operations may more safely occur.
8. "Ladder fuel" means tree branches, leaves, needles, and other
combustible vegetation that may allow a wildfire to spread from lower growing
vegetation to higher growing vegetation.
9. "Land" means real property encompassing one or more tax lots.
10. "Non -fire resistant roofing" means roofing material that is not fire
resistant roofing, including, but not limited to, cedar shakes.
11. "Road" means a public road.
12. "Standards" and "Defensible Space Standards" mean the distance
from the structure and alongside a driveway where wildland fuel is removed
and/or treated to meet the requirements of this chapter, based on the hazard
ratings of the area i.e. High, Extreme, or High Density Extreme.
13. "Structure" means a permanently sited building, a manufactured home,
or a mobile home that is either a dwelling or an accessory building to a dwelling,
which occupies at least 500 square feet of ground space.
14. "Unprotected land" means those privately owned wildland in
Deschutes County located outside the boundaries of any forestland protection
district, fire protection district, city or the Oregon Department of Forestry.
15. "Vacant land" means land which does not contain a structure.
16. "Wildfire" means an uncontrolled fire within or adjacent to a forestland -
urban interface and which is damaging, or is threatening to damage, natural
vegetation or structures.
17. "Wildland" means a geographic area within the County that is
classified as unprotected land and contains mainly native vegetation and does
not include agricultural, urban, or industrial areas.
18. "Wildland Urban Interface" means an area of transition between
unoccupied land and developed land. Communities may be included in a
wildland urban interface. These lands and communities adjacent to and
surrounded by a wildland urban interface are at risk of wildfires.
B. Except as otherwise defined in this section, terms used in this chapter shall
have the meaning given under the provisions of ORS 477.015 to 477.061, as
constituted on the date of adoption of this chapter, or as may be amended by the
Oregon Legislature from time to time.
8.21.020 Purpose and Intent.
A. Defensible Space Standards set forth in this chapter are designed to minimize
or mitigate wildland fire hazards and risks which arise due, singly or in
combination, to the presence of structures, or to the arrangement or
accumulation of vegetative fuels.
B. Property owners in forestland and wildland urban interface have a variety of
objectives to achieve while applying defensible space standards, including
aesthetics, dust mitigation, protection of 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 they satisfy the standards and
thereby mitigate wildfire hazards and 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. The defensible space standards supplement the requirements of ORS
477.015 to 477.061.
8.21.030 Lands Subject to the Standards.
A. Except as otherwise provided in subsection B of this section, Owners of
unprotected lands shall comply with the standards set forth in this chapter.
B. Owners of the following lands may comply with the standards set forth in this
chapter:
1. Developed lands classified as High, Extreme or High Density Extreme
under ORS 477.015 to 477.061, which are subject to fire protection by the
Oregon Department of Forestry.
2. Vacant lands classified as High Density Extreme under ORS 477.015
to 477.061, which are subject to fire protection by the Oregon Department of
Forestry.
3. Lands within the city limits of Bend, Redmond, La Pine and Sisters.
4. Lands subject to fire protection from a rural fire protection district or
from a county service district.
8.21.040 Standards.
A. For unprotected areas classified as "High" pursuant to ORS 477.015 to
477.061 provide and maintain primary fuel breaks which comply with the
requirements of DCC 8.21.060 immediately adjacent to structures, for a distance
of at least 30 feet, or to the property line, whichever is the shorter distance. The
distance shall be measured along the slope and from the furthest extension of
the structure, including attached carports, decks, or eaves.
B. For unprotected areas classified as "Extreme" pursuant to ORS 477.015 to
477.061 provide and maintain primary and immediately adjacent secondary fuel
breaks which comply with the requirements of DCC 8.21.060 immediately
adjacent to structures, for a distance of at least 50 feet, or to the property line,
whichever is the shorter distance. The distance shall be measured along the
slope and from the furthest extension of the structure, including attached
carports, decks, or eaves.
C. For unprotected areas classified as "High Density Extreme" pursuant to ORS
477.015 to 477.061, provide and maintain primary and adjacent secondary fuel
breaks which comply with the requirements of DCC 8.21.060 immediately
adjacent to structures, for a distance of at least 100 feet, or to the property line,
whichever is the shorter distance. The distance shall be measured along the
slope and from the furthest extension of the structure, including attached
carports, decks, or eaves.
D. For unprotected areas classified as "High," "Extreme," and "High Density
Extreme" pursuant to ORS 477.015 to 477.061, provide primary and adjacent
secondary fuel breaks which comply with the requirements of DCC 8.21.060 for
the following areas:
1. For driveways that are longer than 150 feet immediately adjacent to
driveways, for a distance of at least 10 (ten) feet on each side of the
centerline of the driveway, or to the property line, whichever is the shorter
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 131/2 feet in height and 12 feet in width or to the property line,
whichever is the shorter distance.
2. Adjacent to structures:
a. Remove any portion of a tree which extends to within 10 feet of
the outlet of a structure chimney or a stove pipe.
b. Maintain the portion of any tree which overhangs a structure by
removing substantially dead plant material.
c. Maintain the area under decks substantially free of firewood,
stored flammable building material, leaves, needles, and other
flammable material.
d. During times of the year when wildfire may be a threat, locate
firewood, flammable building material, and other similar flammable
material at least 20 feet away from a structure or in a fully enclosed
space.
3. On vacant lands less than five acres in size, the landowner shall
provide fuel breaks which comply with the requirements of DCC 8.21.060
and which are immediately adjacent to all:
a. Property lines, for a distance of at least twenty (20) feet or to the
nearest adjacent property line, whichever is the shorter distance.
The distance shall be measured along the slope; and
b. Roads, for a distance of at least thirty (30) feet from the center of
a road, or to the nearest adjacent property line, whichever is the
shorter distance. The distance shall be measured along the slope.
8.21.050 Standard Waivers and Reductions.
The County Forester may, in writing, reduce or waive any standard or
requirement of this chapter if the Forester finds that conditions so warrant.
Reductions or waivers made under this provision:
A. May be made only after a written request from the owner;
B. Shall be justified by one or more site specific conditions and a conflict
between this chapter and the requirements of another code, law,
ordinance, or regulation.
8.21.060 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, mulch, rock,
succulent plants, 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 otherwise complies with the intent of subsections A. and B. of
this section.
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. Otherwise complies with the intent of subsections A and B of this
section.
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. Otherwise complies with the intent of subsections A and B of this
section.
8.21.065 Inadequately protected wildland declared nuisance; Hazard
abatement
A. All unprotected wildland that by reason of inadequate fire protection and the
property owner's or occupant's failure to comply with the requirements of this
chapter endangers life, forest resources or property and is hereby declared to be
a hazard and a public nuisance.
B. Whenever the Forester leams of a condition described in subsection A of this
section, the Forester shall advise the owner or occupant to take proper steps to
correct the nuisance condition. If the owner or occupant after having been so
directed in writing by the Forester fails or refuses to correct the nuisance
condition within the specified time, then the Forester may undertake such work
as the Forester considers necessary to abate and correct the nuisance condition.
C. The owner or occupant of property shall be liable for the cost of work under
subsection B of this section and the expense of any patrol rendered necessary
by the failure of the owner or occupant to remedy the nuisance condition. The
Forester may institute appropriate proceedings to recover the cost of work
described in subsection B of this section.
D. The remedies provided in this section are in addition to and not in lieu of
penalties and remedies provided elsewhere in DCC 8.21.
8.21.070 Duty of owner and operator to abate fire; Abatement by County
A. Each owner and occupant of unprotected wildland on which a fire exists or
from or across which a fire has spread, notwithstanding the origin or subsequent
spread thereof, shall immediately proceed to control and extinguish such fire
when its existence comes to the knowledge of the owner or operator, without
awaiting instructions from the Forester, and shall continue to control and
extinguish same until the fire is extinguished or until relieved of such obligation
by the Forester.
B. If the Forester determines the fire is either burning uncontrolled or the owner
or occupant does not then have readily and immediately available personnel and
equipment to control or extinguish the fire, the Forester, or any forest protective
association or agency under contract or agreement with the County for the
protection of unprotected wildland against fire, and within whose protection area
the fire exists, shall summarily abate the nuisance thus constituted by controlling
and extinguishing the fire.
C. An owner may request in writing that the Forester employ alternate fire
prevention and suppression strategies or techniques on the owner's property.
The Forester may employ some or all of the requested strategies or techniques
when, in the judgment of the Forester, conditions warrant the use of the alternate
strategies or techniques.
D. The cost of work under subsection B of this section and the expense of any
patrol rendered necessary by the want of adequate protection of such wildland
shall be recoverable from the owner by an action prosecuted in the name of the
County.
8.21.075 Recovery of Fire Suppression Costs
A. Any person
1 who negligently, or in violation of the law, sets a fire, allows a fire to be
set, or allows a fire kindled or attended by him or her to escape onto any
public or private property,
2 other than a mortgagee, who, being in actual possession of a structure,
fails or refuses to correct, within the time allotted for correction, despite
having the right to do so, a fire hazard prohibited by law, for which the
Forester properly has issued a notice of violation respecting the hazard, or
3 including a mortgagee, who, having an obligation under other provisions
of law to correct a fire hazard prohibited by law, for which the Forester has
issued a notice of violation respecting the hazard, fails or refuses to
correct the hazard within the time allotted for correction, despite having
the right to do so, is liable for both of the following:
a. The cost of investigating and making any reports with respect to
the fire.
b. The costs relating to accounting for that fire and the collection of
any funds pursuant to this section, including, but not limited to, the
administrative costs of operating fire suppression cost recovery program.
The liability imposed pursuant to this paragraph is limited to the actual
amount expended which is attributable to the fire.
B. In any civil action brought for the recovery of costs provided in this section,
the court in its discretion may impose the amount of liability for costs described in
subsection A.
C. The burden of proof as to liability shall be on the Plaintiff and shall be by a
preponderance of the evidence in an action alleging that the defendant is liable
for costs pursuant to this section. The burden of proof as to the amount of costs
recoverable shall be on the Plaintiff and shall be by a preponderance of the
evidence in any action brought pursuant to this section.
D. The liability constitutes a debt of that person and is collectible by the person,
or by the federal, state, county, public, or private agency, incurring those costs in
the same manner as in the case of an obligation under a contract, expressed or
implied.
8.21.080 Violation; Liability for cost of Suppression
A. It is a violation of this chapter to be the owner of land designated to be within
an unprotected wildland who fails to meet the applicable standards established
under this chapter.
B. The owner or operator of land designated to be within an unprotected
wildland is liable to the County for the costs of suppressing a fire that occurs on
the owner's land if:
1. The owner has failed to meet the applicable minimum standards
established under this chapter;
2. The fire originates on the owner's land;
3. The ignition or spread of the fire is directly related to the owner's failure to
meet the applicable standards established under this chapter; and
4. The fire requires action by the County pursuant to Section 8.21.70
C. The actual cost incurred by the Forester or the County in controlling or
extinguishing the fire shall be paid by the owner or occupant within 90 days after
the date on which the first written demand for payment of the actual cost is
mailed by the Forester to the owner or occupant. If the actual cost is not paid
within such 90 -day period, such amount shall bear interest at 10 percent per year
from the date on which the first written demand for the payment of the actual
costs was mailed by the Forester and the actual cost together with such interest
may be recovered from such owner or operator by an action prosecuted in the
name of Deschutes County.
D. An itemized statement of the actual cost incurred by the Forester the County,
certified to by the Forester, and shall be accepted as prima facie evidence of the
actual cost in any proceeding authorized by this section.
E. The actual cost in cases covered by this section shall constitute a general lien
upon the real and personal property of such owner or occupant. A written notice
of the lien, containing a description of the property and a statement of the actual
cost, shall be certified under oath by the Forester and filed in the office of the
County Clerk within 12 months after the calendar year within which the fire
originated, and may be foreclosed in the manner provided by law for foreclosure
of liens for labor and material. In any proceeding to foreclose a lien created under
this subsection, recovery shall include, in addition to the amount of the actual
cost, interest on such amount at the rate of 10 percent per year from the date of
the filing of the written notice of the Hen.
F. Upon request of the Forester, County Legal Counsel shall prosecute such
action or foreclose the lien in the name of Deschutes County. Liens provided for
in this section shall cease to exist unless suit for foreclosure is instituted within 12
months from the date of filing under subsection E of this section.
G. In any action under subsection C of this section to recover actual cost and in
any proceeding to foreclose any lien created by subsection E of this section, the
court shall award, in addition to costs and disbursements, reasonable attorney
fees at trial and on appeal to the prevailing party.
H. The liability of an owner of land under subsection B of this section may not
exceed $100,000.
8.21.085. Violation; Penalty.
A. Violation of any provision of this chapter is a Class A violation. The County
Forester is authorized to issue citations that charge a person with a violation of
DCC 821.
B. A person liable for prosecution under DCC 1.16.015(C) for a violation of this
chapter is subject to a civil penalty not to exceed $720.00 per day the violation
exists. Proceedings to assess a civil penalty for a violation of the fire code may
be instituted by the County Forester.
DATE: October 13, 2010
TO: Deschutes County BOCC
FROM: Joe Stutter, Deschutes County Forester
RE: Defensible Space Ordinance Policy Options Addendum
-441111100.
On September 22, 2010, my presentation regarding the proposed Defensible
Space Ordinance and subsequent policy request from the Board of
Commissioners concluded with the perception left by me that Deschutes County
may have a legal liability for fire suppression costs on unprotected lands. That is
an inaccurate perception, after extensive legal review of both ORS and Oregon
Administrative Rule there is no language or statute that gives or infers that
liability.
Deschutes County has the authority and jurisdiction in statute to regulate both
open burning (DCC 8.20) and if decided by the County Commissioners also
regulate defensible space in the unprotected lands.
Consequently, my recommendations have been modified to the following:
1. Proceed with a policy decision to implement a defensible space ordinance
for the unprotected lands.
2. In Deschutes County, develop an administrative process for resolving
violations rather that a judicial process as per SB 915. March 9, 2011
addendum, we did not pursue the administrative process since it is only
required for building code enforcement and the administrative fees
associated with this process may be much higher than the normal court
system.
3. In the proposed ordinance, define that an administrative process will be
used to deal with non-compliance. March 8, 2011 addendum, an
administrative process is not part of the ordinance.
4. For any costs incurred by the County as a result of a wildland fire on
unprotected land the Deschutes County Board of County Commissioners
could authorize either a civil lawsuit and/or authorize an administrative
process to assess recovery costs. In reality if a wildland fire burns from
unprotected lands to the jurisdiction of agencies with suppression
responsibilities that agency with legal jurisdiction would take the
appropriate action for cost recovery.
5. March 8, 2011 addendum, the proposed defensible space ordinance
effectively implements Alternative 1, 2 and 3.
Joe Stutter
Deschutes County Forester
DATE: September 22, 2010
TO: Deschutes County BOCC
FROM: Joe Stutter, Deschutes County Forester
RE: Defensible Space Ordinance Policy Options
For the last six years, Deschutes County has worked closely with the Oregon
Department of Forestry (ODF) implementing the Oregon Forestland -Urban
Interface Fire Protection Act (SB -360) enacted in 1997. In 2004, Deschutes
County was one of two counties in Oregon to classify private lands protected by
ODF using one of three classification ratings; high, extreme and high density
extreme. During the classification process, it became evident that since ODF
protects approximately 177,000 of private lands, there were many more private
lands in the county protected by municipalities and fire districts without defensible
space standards. The striking acreage was the unprotected lands in Deschutes
County, approximately 175,000 acres, which also have no defensible space
standards other than recommendations in the Community Fire Plans.
In 2009, as we began the re-classification (a requirement of every five years is
specified in the legislation), the classification committee worked with the
municipalities and fire districts to seek approval of classifying private lands using
the SB -360 rating systems and received universal support. It was also a wise
decision to include all the private lands that were unprotected, which effectively
gave all private lands in the County a SB -360 rating.
In the 2007, SB -360 legislation for lands protected by ODF the consequences for
non-compliance was as follows:
• Treating fuels and certification is a property owner responsibility. If the
property owner chooses not to perform the defensible space work and not
certify the property and send the certification back to ODF, there are no
consequences.
• If on the same property (without certification and defensible space) a
wildland fire originates and spreads beyond the property boundary, and
the ODF and cooperating agencies suppressed the wildland fire, the
property owner could be liable up to $100,000 for suppression costs.
In Deschutes County, with approximately 175,000 acres of unprotected lands, it
made logical sense to develop an ordinance similar to SB -360 utilizing the same
standards based on the classification, focusing on education and voluntary
compliance. Currently we have an ordinance that regulates open burning on
unprotected lands (DCC 8.20) with emphasis on education, but it is ultimately a
Class A violation.
In developing the defensible space ordinance, we considered the nature of
unprotected lands (no structural or wildland agency will respond), the fact that we
have lost both structures and private property from wildland fire in these areas in
past years due to little or no defensible space, the fact that we have an open
burning ordinance with consequences, and in the unprotected lands we have
approximately 150 homes scattered throughout the county with approximately
400 people who potentially could be impacted from a wildland fire.
Consequently, we developed six possible options for the defensible space
ordinance for unprotected lands:
1. Match the requirements in SB -360 exactly with the only consequences
being after a fire started in a non -treated property, with Deschutes County
seeking suppression costs.
2. Based on a complaint scenario, work with property owners to treat the
fuels and, if there is non-compliance, the County would treat the property
to SB -360 standards and bill the property owner.
3. Based on a complaint scenario, work with the property owners to treat the
fuels and, if non-compliance, the county would issue a citation (Class A
violation) and continue working with the property owner until proper fuels
treatment occurs. Additional citations may be required. This approach is
currently being used successfully by the City of Bend.
4. A combination of Alternatives 1 and 2.
5. A combination of Alternatives 1, 2 and 3. March 8, 2011 addendum.
6. No action.
Based on the nature of unprotected lands and the wildland fire occurrence my
recommendation is Alternative 5.
Not recommending the other Alternatives is based on the following:
1. With Alternative 1, matching SB -360 exactly takes away the strategy of
preventing a wildland fire by proactively working with the property owner.
Because there is no wildland or structural fire response, something
stronger than collecting suppression costs seems necessary.
2. With Alternative 2, if Deschutes County assumed the responsibility of
treating fuels on private land for a property owner not in compliance and
resisting efforts to assist with the fuels treatment, the liability the county
would assume, both directly and vicariously, seems more than necessary
and fails to have the property owner redeem their responsibilities. This
Alternative alone would not recover suppression costs, thus reducing
another incentive for treating fuels. On March 8, 2011, after further
consideration and discussions with Legal Counsel, this portion was
included in the ordinance.
3. With Alternative 3, citations alone and after working with the property
owner to treat the fuels can serve as a prevention tool and incrementally
deliver fuels treatment to the desired results. Again, this Alternative alone
would not recover suppression costs, thus reducing another incentive for
treating fuels.
4. With combining Alternatives 1 and 2, the county would still have the
liability of treating fuels on private lands which seem unnecessary not only
from a liability perspective, the home owner still has not redeemed their
responsibilities and the program management workload of
accomplishment of work through contracts, administratively billing the
property owner and tracking those activities does not appear to be a
sound investment.
5. With combining Alternatives 1 and 3, the county would be able to collect
suppression costs (like SB -360), utilize citations as a prevention tool only
after all proactive methods failed and ultimately the property owner
redeems their responsibilities, and the citizens and property owners in the
unprotected areas are better served from a wildland fire perspective thru
this risk management technique.
6. No Action, with the wildland fire issues in Deschutes County combined
with the cumulative successful efforts delivered in education, prevention,
fuels treatment, completing seven community fire plans, collaboration with
open burning, ODF collaboration with SB -360 classification, and the
potential liabilities the county assumes with this alternative, we should
consider stronger measures to proactively address defensible space
measures to prevent wildland fires in the unprotected areas.
From a policy perspective, I am requesting the Deschutes County Board of
County Commissioners consider these Alternatives and decide which direction
we should proceed.
/s/ Joseph E. Stutter
JOSEPH E. STUTLER
Deschutes County Forester