California will ban plantings within 5 feet of homes in wildfire-prone areas

More regulations that would prohibit most plants, mulch, and other combustible items within five feet of dwellings in California’s fire-prone areas are being drafted by fire officials in that state.

The state Legislature mandated the expansive initiative, which was meant to go into effect last year. However, the organization in charge of creating the regulations, the California State Board of Forestry and Fire Protection, has not yet completed them. Lisa Lien-Mager, an official at the state agency that is in charge of the board, stated that the board anticipates discussing draft criteria before the end of the year.

Anticipating the statewide change, at least one city is moving forward independently.

The 5-foot zone nearest residences in South Lake Tahoe will be subject to what looks to be the harshest rule in California starting this month. It is the responsibility of homeowners to remove any flammable items from that area, including pine needles, plants, flowers, wood piles, sheds, hot tubs, and other possible fire dangers. Trees that are mature enough to withstand tiny flames are permitted; however, low-lying branches need to be clipped. A few “well-irrigated” plants that don’t have woody stems are also acceptable.

All of South Lake Tahoe, a densely forested community on Lake Tahoe’s shore with about 21,000 residents, is subject to the regulations.

Fire Marshal Kim George of South Lake Tahoe remarked, “I tore up all my flowers.” As the legislation made its way through the City Council, she said she started pulling out her plants this spring when the earth thawed. “I didn’t want to appear hypocritical, but I’d worked so hard to plant them years ago.”

Since 2017, wildfires have burned over 50,000 buildings in California; consequently, the state has launched a costly and dramatic initiative to prevent future tragedies.

2020 saw the passage of Senate Bill 3074 in California, a law requiring new, defensible criteria restricting the amount of combustible debris that can be found closest to residences in the state’s fire-prone areas. The bill, which was introduced by Glendale Assembly Member Laura Friedman, D-Assembly, claimed that one in four residential buildings in California are located in wildfire-prone zones, however some research has put that number as high as 45%.

The feet just close to buildings are known as “zone zero,” or the ember-resistant zone, and are a crucial location where embers from a nearby fire could either burn out or ignite nearby woody plants or other flammable items, spreading flames to the building. Miles ahead of the main flames, wildfires can spew embers.

Previously, the majority of defensible space guidelines advised eliminating hazards, such as low tree limbs and dying plants, from a wider area surrounding homes. They also suggested removing specific types of vegetation from areas between 30 and 100 feet from dwellings. The nonprofit National Fire Protection Association and the insurance industry research group Insurance Institute for Business and Home Safety came up with the idea that the five feet nearest to structures are crucial.

Former California fireman Steve Hawks claimed that in order to ascertain why some homes survived while others were burned, the Insurance Institute, where he serves as senior director for wildfire, examined information from recent wildfires that moved into neighborhoods.

A primary contributing cause was the existence of combustible elements such as mulch and oily juniper plants, which are common landscaping elements.

According to Hawks, “Even a small fire can burn across mulch or along the fence.” “That zone, which is closest to homes, is actually the one that can contain even the tiniest fires and still allow them to reach the house.”

The California Natural Resources Agency, which is in charge of the board of forestry, has Lien-Mager as deputy secretary for forest and wildfire resilience. She stated that her organization is aware that the regulations can force households to invest money in remodeling their outdoor areas.

She noted that in addition to taking longer than anticipated to create a phase-in strategy, the board is also gathering data on potential financing sources to assist homeowners with mitigation costs. The most recent draft of the guidelines states that existing homes would be subject to the regulations after new construction.

The statewide regulations have no set date of implementation. California released new maps this year that classify the state’s wildfire danger and show where the “zone zero” regulations are in effect. The maps currently only show unincorporated areas; dangerous fire zones inside of cities are not yet included.

A lot of the proposals’ specifics are yet unknown. The executive officer of the Board of Forestry and Fire Protection, Edith Hannigan, declined to be interviewed by the Chronicle.

Tests conducted at the Insurance Institute’s research facility in South Carolina, according to Hawks, demonstrated the effectiveness of clearing a 5-foot gap against flying embers. Two little houses constructed inside the massive laboratory were compared in a series of simulations to see how they fared under the ember shower.

The house with the plants and fencing “always ignites, catches fire, and burns to the ground,” according to Hawks.The house with gravel all around “is always untouched.”

Hawks stated, “We have centuries of history of planting plants up against the sides of our houses.” It will require a total mental adjustment.

The timing of the regulations’ implementation and whether they are taken over by another agency may be impacted by some pending legislation.

Senate Bill 504, proposed by state senator Bill Dodd, D-Napa, would increase the time period that property owners would have to comply with new state rules from one to three years after they are completed.

State Senator Scott Wiener, a Democrat from San Francisco, presented Senate Bill 610, which would make it easier for California to quantify wildfire danger and, consequently, identify which residences must adhere to any new “zone zero” regulations. Rather than utilizing the tier system that now assigns ratings such as high, moderate, or low wildfire risk, the state would instead identify regions that necessitate wildfire mitigation and those that do not, including urban downtowns. In order to expedite the implementation process, the legislation would also transfer the State Fire Marshal’s Office’s responsibility over defensible space from the Board of Forestry and Fire Protection to the fire marshal. Previously, this authority was held by the forestry board and committee.

The Caldor Fire of 2021, which burned over 220,000 acres and forced the entire city to evacuate before firemen were able to put out the flames, served as part of the impetus for South Lake Tahoe’s early action.

George witnessed the advantages of defensible space in action while he was on duty during crucial fire periods.

George remarked, “The entire street we were assigned to had done a really good job with defensible space.” “They provided firefighters with a legitimate chance to protect their residences.”

The ordinance for South Lake Tahoe will take effect on July 18. In order to allow property owners time to become familiar with the new regulations, George stated that the city intends to prioritize education over enforcement.

During the summer, the city hires two or three defensible space inspectors, and every two years, it inspects all properties inside the city borders.

Homeowners may now have to update their defensible space when requesting permission to make improvements or alterations to their land. In order to sell real estate, sellers must give buyers defensible space disclosures, which must attest to the property’s compliance with the most recent ordinances.

Executive vice president of the South Tahoe Association of Realtors and resident of South Lake Tahoe, Sharon Kerrigan, said that her group encouraged the City Council to carry out the significant alteration gradually because the snowy winter restricts when property owners may complete tasks. However, she added, the majority of property owners appear to be acutely aware of the need to get ready for the next wildfire.

The community is overwhelmingly in favor of defensible space work, according to Kerrigan. “We are able to accomplish this.” (Source)