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By: @Ophelia Szigeti

On Wednesday, August 19, the California Board of Forestry and Fire Protection held a hearing to adopt emergency findings and final regulatory rules for the Zone Zero “Ember-Resistant Zone.” The Board also considered draft guidance on establishing and maintaining defensible space in Zones 0, 1, and 2.

Zone Zero encompasses the first five feet surrounding occupied buildings and structures located within state responsibility areas and very high fire hazard severity zones designated by local agencies. This includes areas around structures and outbuildings, as well as attached decks, stairs, and the spaces beneath attached decks and stair landings. The requirements are being developed pursuant to Government Code Sections 51179 and 51182 and Public Resources Code Section 4291.

Board Chair Terrence O’Brien acknowledged that the proposed regulations would likely generate significant public comment.

During the hearing, Environmental Scientist and Board Policy Advisor Jane Van Susteren and University of California wildfire expert Yana Valachovic, who serves as a technical advisor to the Board, discussed how common items found around occupied structures can contribute to the spread of wildfire. These include artificial turf, vehicles, recreational vehicles, garbage cans, wood fences, mulch, foundation plantings, hedges, and vines growing along block walls.

The proposed regulations would allow existing trees to remain within Zone Zero, subject to certain maintenance requirements. Tree limbs would need to be trimmed at least five feet above roofs, and limbs would not be permitted beneath building eaves. Property owners would also be required to eliminate “ladder fuels,” or vegetation that allows fire to spread from ground-level fuels to shrubs and tree canopies.

The proposed landscaping requirements would prohibit plants beneath eaves or within 12 feet of a wall. However, small potted plants, nonwoody plants measuring less than 18 inches tall, lawns, and certain other groundcover would be permitted.

Additional recommendations include replacing combustible gates and fencing located within five feet of a structure within five years. New combustible fencing, sheds, and other outbuildings would also be prohibited within Zone Zero.

Property owners would be required to remove leaves and other debris from roofs and rain gutters, as well as combustible mulch, firewood, flammable materials, and vegetation located beneath decks, stairs, and balconies.

The proposal would also allow communities to develop local alternatives for local responsibility areas that reflect the diversity of neighborhoods and their specific wildfire-risk-reduction needs. A local alternative would require approval by the applicable city council or county board of supervisors and would need to be supported by findings from the local fire agency.

The regulations would take effect immediately for new construction permit applications submitted after the Zone Zero requirements become effective. Existing properties would be given additional time to comply through a two-phase implementation schedule.

Under the proposed timeline:

• Phase 1 would occur within three years and require the removal of combustible materials, including mulch and dead vegetation, as well as updates to landscaping and other vegetation.
• Phase 2 would occur within five years and require the replacement of combustible gates and fences, the relocation or modification of sheds and outbuildings, and the pruning of trees.

The five-year phase-in period is intended to give property owners and communities time to plan for the financial and practical impacts of compliance. Potential resources could include grant funding, service-oriented community events, coordinated community action, and public-private partnerships.

The proposed rulemaking timeline is as follows:

• August 28: Regulatory text submitted to the Office of Administrative Law (OAL) and five-day public comment period begins.
• September 2: Public comment period closes and OAL begins its final review.
• September 7: OAL review of the rulemaking package is expected to be completed.

Comments may be submitted to staff@oal.ca.gov and publiccomments@bof.ca.gov. The OAL will review the public comments and determine whether the rulemaking package satisfies the requirements of the Administrative Procedure Act.