Wildfire Map Repeal Bills:

There are currently three bills being worked on to repeal the Wildfire Map that came out of SB762 which passed a few years ago. The three new bills are: HB 3944, SB 678 and SB 83. It appears all three are the same, at this time. All three bills have the same problems which need to be work out.

Bob Hart who is an expert at this has given his analysis of all three of these bills:
https://www.facebook.com/share/p/15bHeYeyiQ/

“I have reviewed all the proposed fixes to SB 762. The drafts for SB83, SB 678, and HB3944 are all the same so it doesn’t matter which one you read. All the bills will remove the Wildfire Hazard Map. But if you remember, all the rules apply to lots in the High Hazard and in the Wildland Urban Interface (WUI.) None of the bills eliminate the WUI. This must be done. The definition of the WUI has changed to mean “a geographic area in which there is a concentration of dwellings in an urban or suburban setting.” None of these terms are defined. So a WUI can be most anything. The term WUI is scattered throughout the new codes. It need to go away along with the map.

Defensive Space as a mandate from the State Fire Marshal has been amended so the Fire Marshal will not administer Defensive Space, The Fire Marshal is now required to develop a model ordinance for defensive space for local governments to adopt. See Section 2 of the bill. It does not require local government to adopt the model code but will provide grants to create defensible space to those that do. The model codes have not been drafted yet. The Fire Marshal may not require a local government to adopt the codes. At least there would be some local control. Grants for creation of Defensive Space is at least an incentive and not a mandate unless the local governments mandates Defensive Space.

The new bills do not remove the requirement that the Land Conservation and Development Commission (LCDC) to “identify updates to statewide land use planning programs, comprehensive plans and zoning codes to incorporate wildfire risk maps and minimize risk.” This section needs to be repealed. IF not we can be back at the same place we are now if LCDC adopts Administrative Rules without any legislative oversight. The failure to remove the land use requirements in Section11 of chapter 12 Oregon Laws 2021 is unacceptable.

Home hardening is addressed in the bill to repeal the mandate in ORS 455.612 and ORS 455.614. At least this part of the repeal is clean with no glitches.

There is some good and some not so good in these bills. In my opinion the shift of defensible space from the Fire Marshal to local government is an improvement but is still an issue. I plan to talk to a County Commissioner tomorrow to get what the County could do with this change.

The change to the WUI is not at all acceptable as the definition is not precise and could apply at a whim and the term is used through out the legislation on where things will apply. You could still be required to notify potential buyers that your property is in the WUI. The new bills help but they don’t fix the whole problem. I will be sending my detailed analysis to the legislators that have been involved to fix the Wildfire Map. I hope you read the bills and make your own comments to the legislators now even before the bills are scheduled for public hearing.”

The hope is that some of these issues are addressed before finalizing a bill(s). Once there is a final bill worth supporting, we will keep you updated and will have sample letters you can send to all the senators and rep’s urging their support.