HomeMy WebLinkAboutForester Update InfoMEMORANDUM
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:
• 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
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.XX, 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.
I. “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 13½ 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 July 1st 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)