HomeMy WebLinkAboutExh G-001 Horman 06-04-2026 --- • Planning Commission Public Comments and Testimony
O1E GO"
Please fill out the form, below,to submit comments on a pending land use application.All written comments
and materials are due by the deadline listed on the Notice.Submittals received by the deadline will be
entered into the public record of file and will be considered by the decision body.Contact the
Staff Coordinator listed on the Notice if you have questions.
Case Number* Please see the Notice for the Land Use Case number. If you do not see your case in the
list,the comment period is not yet open or has ended;check the Notice for dates.
LU 26-0014 Tree Code Amendments
Case Number- LU 26-0014 Tree Code Amendments
Verification* Please re-select the case number to ensure the comment routes to the appropriate case.
First Name* Tom
Last Name* Horman
Address Street Address
5200 SW Meadows Rd.,Ste. 150
Address Line 2
City State/Province/Region
Lake Oswego, OR
Postal/Zip Code
97035
Email* tom@aptnets.com
Please type your comments in the box below,or you may upload a PDF of the comments.Videos must be MP4s. PDF and
MP4 attachments may not exceed 250 MB in combined size. If you have other media types, please contact
pctestimony@lakeoswego.city to coordinate submission to the public record.
Comments* Reference materials to be considered for the LU 26-0014 Tree Code updates
File Upload Reference materials to be considered for the lu-26-0014
3.43MB
Tree Code updates.pdf
ClackamasCountyFireAssessment.pdf 808.05KB
SMILEY MATHENY Tree Risk Assessment Qualitativ... 549.52KB
S B762-Fi nal-Version-7-7-2021.pdf 112.49KB
Exhibit K_Oakland-Hills-Fire-Damage-Images.pdf 976.97KB
FirewiseHowToPrepareYourHomeForWildfires.pdf 619.71KB
Oregon-Fire-Marshal-Model Defensible Space
356.25KB
Code_FINAL.pdf
PDF or MP4 formats only,total attachment maximum size is 250 MB
From: tom@aptnets.com
To: PC Testimony
Subject: Reference materials to be considered for the Iu-26-0014 Tree Code updates
Date: Thursday,June 4,2026 2:50:09 PM
Attachments: ClackamasCountvFireAssessment.pdf
SB762-Final-Version-7-7-2021.pdf
FirewiseHowToPrepareYourHomeForWildfires.pdf
SMILEY MATHENY Tree Risk Assessment Qualitative AN Feb 2012.pdf
Exhibit K Oakland-Hills-Fire-Damage-Images.pdf
Oregon-Fire-Marshal-Model Defensible Space Code FINAL.pdf
You don't often get email from tom@aptnets.com. Learn why this is important
See attached files for their data that should be considered as part of this deliberative process; I've
put a brief description about each of them:
FirewiseHowToPrepareYourHomeForWildfires.pdf - Fire Safety Guidance from the NFPA (National
Fire Protection Association)
SMILEY_MATHENY_Tree_Risk_Assessment_Qualitative_AN_Feb_2012.pdf - Tree Risk Assessment
Guideline from the International Society of Arboriculture
ClackamasCountyFireAssessment.pdf - County assessment which includes Lake Oswego, and lists
"communities at risk?
SB762-Final-Version-7-7-2021.pdf - OR Bill that was passed in 2021 that addresses fire hazard
throughout the state
Exhibit_K_Oakland-Hills-Fire-Damage-Images.pdf - Data from the 1991 fire in the hills of Oakland,
California
Oregon-Fire-Marshal-Model Defensible Space Code_FINAL.pdf - Recommended Model Code for
setting Defensible Space guidelines for fire prevention. For Oregon's Fire Marshal, from this URL:
https://www.oregon.goviosfm/wildfire/pagesidefensiblespace.aspx
Thank you,
Tom
Tom Horman
CCIE #3181 (R&S)
Owner/Sr. Consulting Engineer
tomnaptnets.com
5200 SW Meadows Rd., Ste. 150
Lake Oswego, OR 97035
Cell 503.706.6418
Fax 503.305.6960
.ili.ilii
Cisco .
PARTNER
461uh7
..S.�Iqp
AptNets, Inc.
Excellence,Integrity,Commitment
PUBLIC RECORDS LAW DISCLOSURE This e-mail is a public record of the City of Lake
Oswego and is subject to public disclosure unless exempt from disclosure under Oregon
Public Records Law. This email is subject to the State Retention Schedule.
10.8. Community at Risk: Lake Oswego Fire Department
The Lake Oswego Fire Department has been identified as a Community at Risk (CAR) by Oregon
Department of Forestry. The Department has participated in the Clackamas County CWPP
planning process to evaluate capabilities to prevent,prepare for and respond to potential wildfire
events.
Lake Oswego Fire Department Description
The Lake Oswego Fire Department provides emergency response to nearly 50,000 citizens within
the City of Lake Oswego and three adjoining contract districts (Lake Grove Rural Fire District,
Riverdale/Dunthorpe Fire District, and Alto Park Water District).
Four fire stations are strategically located throughout Lake Oswego to provide rapid emergency
service to citizens in need 24 hours a day. Emergency services include fire suppression, emergency
medical response, hospital ambulance transportation,water&dive rescue,technical rescue
operations,hazardous materials incidents,and disaster response.
Along with protecting citizens within the city and contract districts, the Lake Oswego Fire
Department has mutual aid agreements with the Portland Fire and Life Safety Bureau, Tualatin
Valley Fire&Rescue and is a signatory to the Clackamas Fire Defense Board.
Wildland Urban Interface (WUI)
Growth and development in forested areas is popular within the City of Lake Oswego. Wildfire has
an effect on development,yet development can also influence wildfire. Owners often prefer homes
that are private,have scenic views, are nestled in vegetation,and use natural materials. A private
setting may be distant from public roads, or hidden behind a narrow, curving driveway. These
conditions however, make evacuation and firefighting difficult. The scenic views found along Iron
Mountain Bluff,Palisades,Mountain Park and around the lakes rim can also mean areas of
dangerous topography. Natural vegetation contributes to scenic beauty, but it may also provide a
ready trail of fuel leading a fire directly to the combustible fuels of the home itself.
The forested hills surrounding Lake Oswego are considered to be interface areas. The interface
neighborhoods are characterized by a diverse mixture of varying housing structures,development
patterns, ornamental and natural vegetation, and natural fuels.
Lake Oswego Fire Department Wildfire Hazards
The Clackamas County CWPP wildfire hazard assessment assisted the Lake Oswego Fire
Department in identifying areas that may be at higher risk to potential wildfires. Map #4 illustrates
the overall wildfire hazard risk in the Lake Oswego Fire Department and will be used to help target
areas for wildfire prevention activities.
Structural Ignitability
The Lake Oswego Fire Department promotes the creation of defensible space,use of fire-resistant
roofing and building materials,and community preparedness in the WUI. Lake Oswego Fire works
well with other City of Lake Oswego Departments to integrate these concepts at the regulatory level
68 I Clackamas CWPP 2017
by participating in land use reviews for new development to provide input on access and water
supply. When they are deficient in access or water the Fire Marshal's Office can offer alternative
measure such as residential sprinklers. Lake Oswego Fire also approves all occupancy permits to
ensure that recommendations regarding access and water supply are implemented.
However,the wildfire hazard remains high in many residential developments. Some conditions
exiting in these areas include large houses on small lots, cedar shake roofing, open wooden decks
adjacent to heavy fuels, and homes built on steep slopes with wooden stilts as support.
One of the most problematic issues is highly flammable cedar shake roofing. Roofs are the most
vulnerable part of the home, as the majority of homes lost to wildland fires are ignited from embers
landing on roofs and gutters. Despite this threat, some Home Owners Associations (HOA's) in Lake
Oswego still require cedar shake roofs. Lake Oswego Fire would like to reduce the structural
ignitability of roofs by educating these HOA's about the risks associated with cedar shake and the
viable, attractive alternatives. Lake Oswego Fire would also like to work with the City of Lake
Oswego Building Department and Oregon Department of Forestry to adopt a Wildland Urban
Interface area which would disallow cedar shake roofs in areas particularly vulnerable to wildfire.
Road access is a major issue for all emergency service providers. Firefighters are particularly
challenged by narrow roads,with limited access because the fire trucks are large, and the equipment
needed to fight fires is located on the trucks. When there is doubt concerning the stability of
residential accesses, or adequate turn around space, the fire fighters can only work to remove the
occupants,but saving the structure is difficult. Many of the Communities At Risk (CAR's)to
wildfire in Lake Oswego exhibit a combination of these issues that limit access.
Although the City of Lake Oswego has comparatively a good water system,additional hydrants
could be installed in the Iron Mt. Bluff area and in other communities at risk to assist with fire
suppression efforts should they be needed. This and the other issues listed here are addressed in the
Lake Oswego Fire Depaitiiient Action Plan.
Emergency Response
Lake Oswego Fire Professionals are trained for wildland fires with an annual training regime that
supports the S-130 and S-190 with a goal of training staff to S-290. Certification through DPSST is
voluntary.
Lake Oswego Fire officials are most concerned with potential wildfires igniting in late summer
during and east wind event. A major wildland urban interface fire in Lake Oswego would quickly
exceed the resources and capabilities of the Department. For this reason,LO Fire has Mutual Aid
agreements in place which allow for the sharing of resources across the county in the event of a
large scale disaster including wildfires. Due to its location,Tualatin Valley Fire and Rescue or
Portland Fire and Rescue in neighboring Washington and Multnomah Counties would likely be the
first to provide mutual aid during an event.
Community Outreach & Education
Lake Oswego Fire is dedicated to fire prevention,and uses a variety of forums to promote
residential fire safety,defensible space, and emergency preparedness. Lake Oswego developed an
69 I Clackamas CWPP 2017
educational hand-out focusing on defensible space and distributed this and other Firewise materials
through mass mailings. Lake Oswego Fire has been focused on fire alarms and sprinklers in new
construction and emergency preparedness. Fire professionals are invited to speak and provide
training in emergency preparedness at Home Owners Association meetings on a regular basis.
Local Communities at Risk (CAR's)
The Lake Oswego Fire Department also recognizes that there are smaller-scale Communities at Risk
that have unique wildfire hazards to be addressed at the more local scale. Communities that have
been identified as being particularly vulnerable to wildfires are illustrated in Map #15 and listed in
Table 10.8-1. Lake Oswego professionals considered the following factors to determine the local
CARs including:
• Need for defensible space
• Access limitations (narrow driveways,lack of address signage, one way in/one way out)
• Steep slopes that can hinder access and accelerate the spread of wildfire
• Lack of water available for wildland fire fighting
• Heavy fuels on adjacent public lands
• Potential ignition sources from recreationists and transients
• Agricultural and backyard burning
• Lack of community outreach programs to promote wildfire awareness
• Communications difficulties
Fuels Reduction
Lake Oswego has a very restrictive tree ordinance designed to retain urban canopy for
environmental and aesthetic benefits. Currently, homeowners can trim trees and can treat ladder
fuels,but cannot cut any trees that are 5 inches or great in diameter. Lake Oswego Fire has worked
with the City to consider expanding these provisions for the creation of defensible space on
residential properties as well as the natural areas managed by the City adjacent to CAR's. For
example,in 2003 a fuels reduction demonstration project was implemented in Cooks Butte Park and
the adjacent community. The Spring Brook Park HOA has also been successful in creating
defensible space around homes.
Since that time, the City has acquired many more natural areas, but very little has been done to
mitigate wildfire hazards in these areas. Lake Oswego Fire recognizes the need to work with the City
Planning Department in amending the Tree Ordinance to balance the benefits of urban canopy with
the risk to life and property from wildfires. To ensure that landscape-level treatments are paired with
projects to create defensible space around vulnerable communities,priority fuels reduction projects
have been overlaid with the Communities at Risk Identified by Lake Oswego Fire (Map #15).
Fuels Reduction Priorities include:
Iron Mountain Bluff Cooks Butte Park
Spring Brook Park Tryon Creek
Waluga Park
70 I Clackamas CWPP 2017
Lake Oswego Fire Department Action Plan
Lake Oswego Fire has developed a list of actions to build capacity at the Department scale and has
identified actions that can help to make the local CARS more resilient to potential wildfires. The
action plan for Lake Oswego Fire and the local CARs therein is provided in Table 10.8-2.
71 I Clackamas CWPP 2017
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Table 10.8-2. Lake Oswego Action Plan
Action Item Timeframe Partners CAR
Lake Oswego Fire Action Plan
Work with City of Lake Oswego to allow exemptions under the
Tree Ordinance for creation of defensible space around homes
Short-Term City of Lake Oswego,ODF Lake Oswego Fire
as well as fuels reduction into parks adjacent to Communities at
Risk.
Work with the City of Lake Oswego Building Department to Short Term City of Lake Oswego,ODF Lake Oswego Fire
adopt a WUI area in which cedar shake roofing is disallowed.
Continue annual wildland fire training for Lake Oswego Fire
Ongoing ODF Lake Oswego Fire
professionals.
Lake Oswego Fire Local Communities at Risk Action Plan
Conduct a Community Meeting to educate community on
defensible space,and measures that can be taken to reduce
Ongoing ODF,Lake Oswego Parks All CAR's
structural ignitability.Solicit feedback on wildfire prevention
projects the community would support.
Iron Mtn.Bluff,Cooks
Work with Lake Oswego Parks to reduce hazardous fuels in City Ongoing Lake Oswego parks,ODF Butte,Spring Brook
Parks adjacent to Communities at Risk. Park,Waluga Park,
Mountain Park
Distribute outreach materials that promote responsible burning,
defensible space and reduction of structural ignitability within Ongoing Fire Co-op All CAR's
the Home Ignition Zone.
Reduce hazardous fuels in the ROW of potential evacuation
routes.Engage residents adjacent to primary evacuations routes Ongoing City of Lake Oswego All CAR's
to extend treatments onto private land.
Obtain structural ignitability data by conducting structural triage
assessment data collection(including GPS points)for homes in Ongoing ODF All CAR's
strategic planning areas.
Develop a community-driven pre-disaster plan including
evacuation routes,telephone call down trees,and other Ongoing Clackamas County All CAR's
strategies for strengthening community response. Emergency Management
Implement road addressing(including length of driveways)and
other signage for emergency response. Ongoing ODF All CAR's
Seek grant funding to support fuels reduction and creation of Ongoing ODF All CAR's
defensible space around homes.
73 I Clackamas CWPP 2017
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By E. Thomas Smiley,Nelda Matheny,and Sharon Lilly
Editor's Note: The following article is the second in an extensive series of Approaches to Risk Assessment
CEU items on tree risk assessment.Future articles will look at the various The two primary approaches to risk assessment are quantitative and
levels of assessment,mitigation,reporting,and factors that affect tree risk. qualitative.Each has advantages and limitations,and each may be
appropriate with different objectives,requirements,resources,and
LEARNING OBJECTIVES uncertainties.Both the quantitative and qualitative approaches are
The arborist will be able to valid when applied properly and with reliable data and valid assump-
tions.With training and experience,reliability can be improved for
• explain the differences between quantitative and qualitative each approach,
tree risk assessment methods and discuss the advantages and
limitations of each. Quantitative Risk Assessment
• describe the factors that must be considered in the catego- Quantitative risk assessment estimates numeric values for the prob-
rization of risk, ability and consequences of events,and then produces a numeric
• discuss the factors that affect likelihood of failure and those value for the level of risk,typically using the formula:
that affect likelihood of a tree failure impacting a target. Risk=Probability x Consequences
• explain how likelihood of failure and impact are combined
with consequences of failure to yield a rating of risk. An advantage of quantitative assessment is that tree risk can be
• discuss how risk tolerance varies with individuals and what compared not only to other trees but also to other types of risk,as
implication that can have on tree risk management. might be necessary for municipal decisions in which resources must
CEUs for this article apply to Certified Arborist,Utility Specialist, be allocated among departments,for example.The calculations can
Municipal Sp-W alist,Tree/Worker Climber,and the BCMA manage vary from simple to complex because risks are analyzed independently
ment category or in combination.Even if complex statistical analyses are carried
out,users must remember that the calculations are estimates and
must ensure that the accuracy and precision are consistent with the
Before a tree risk assessment takes place,it is important to establish data and methods employed. Our ability to quantify probability is
the context of the assignment.Context defines the parameters of the often limited when applied to trees because they are natural struc-
risk assessment,including objectives,how risk will be evaluated, tures,and we have little systematically collected data on which to bag,
communication flow,applicable policies or legal requirements,and probabilities. Since numeric data are not always available and both
limitations of the risk assessment.The context will be one factor in systematic and statistical uncertainties can be high,full quantitative
deciding what method of tree risk assessment is appropriate.Tree risk analysis is often not warranted or practical for tree risk assessment.
assessment is the systematic process to identify,analyze,and evaluate
tree risk.By its nature,tree risk assessment involves a significant Qualitative Risk Assessment
amount of uncertainty that must be acknowledged and managed. Qualitative risk assessment is the process of using ratings of the
Understanding the advantages and limitations of various approaches likelihood and consequences of an event to determine a risk level and
is important for selecting a method and properly applying it. evaluate the level of risk against qualitative criteria. Often,ratings
12 wwwisa-arbor.com ARBORIST•NEWS
H
Z
Basic Definitions
There are a number of key definitions required for understanding magnitude of risk can be categorized or calculated and compared Z
tree risk assessment concepts.Here is a partial list of these to the client's tolerances to determine if the risk is acceptable. 0
definitions. Targets (risk targets)are people,property,or activities that could Q
Risk is the combination of the likelihood of an event and the be injured,damaged,or disrupted by a tree. V
severity of the potential consequences. Failure(tree failure)is the breakage of stem,branches,roots,or
loss of mechanical support in the rootsystem.
In the context of trees,risk is the likelihood of a conflict or tree pp Lu
failure occurring and affecting a target;and the severity of the Likelihood is the chance of an event occurring. 0
associated consequences—personal injury,property damage, Z
or disruption of activities. In the context of tree failures,the term likelihood is used in three _
places to specify: 1)the chance of a tree failure occurring,2)the M
Tree risk assessment is the systematic process to identify,analyze, chance of impacting a specific target,and 3)the combination of Z
and evaluate tree risk. the likelihood of a tree failing and the likelihood of impacting a
Tree risk evaluation is the process of comparing the assessed risk specific target. Z
against given risk criteria to determine the significance of the risk. Consequences are the effects or outcome of an event. 0
Risk is evaluated by categorizing or quantifying both the likelihood In tree risk assessment,consequences include personal injury,
(probability)of occurrence and the severity of consequences.The property damage,or disruption of activities due to the event. 1,11.1-
CEU
are combined in a matrix to categorize risk. Inherent subjectivity
and ambiguity are limitations of the qualitative approach. In order )
1
to increase reliability and consistency of application,it is important Why no numerical rating system?
to provide clear explanations of the terminology and significance of Cardinal numbers Ordinal numbers
the ratings defined for likelihood,consequences,and risk.This
approach is a recognized and respected method of risk assessment represent a quantity • represent rank or order
used internationally by many governments and businesses.
1 I 1
'i i(P4... a"
rC, .. a i 2 II 2
. I
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•; s q+. Because ordinal numbers represent rank or order,they cannot be
�' ' itiii l• iii ' added or multiplied.
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There are several qualitative numerical tree risk assessment systems
'' `" in use throughout the world that assign numbers to certain factors
is to derive an estimate or ranking of relative risk.The rankings are
~ `; 'r... — - _ sometimes used to prioritize work.The assigned numbers,which
are actually categorizations and are not quantifiable,are either added
or multiplied to develop an overall relative level of risk.
Risk professionals caution that addition or multiplication of ordinal
numbers is mathematically incorrect. Some of these systems were
designed to estimate level of risk for individual trees and others to
prioritize work within a population of trees. If a qualitative numeric
system is employed,it should be used only for the intended purpose
"4 and with an understanding of its limitations.
dergiiiiiit 0 Assessment Appropriateness
w
Tree failures usually occur when there is a critical combination of tree The selected methodology of the risk assessment should be appro
defect(s),conditions,and contributing environmental factors. priate to the situation and should consider the goals and the resources
FEBRUARY 2012 www.isa-arbor.com 13
available.With the context defined,the specific techniques should Response Growth
be selected based upon:
O • the needs of the decision makers and the level of detail Response growth is new wood produced in response to dam-
required age or loads to compensate for higher strain(deformation)in
• the resources available and what is reasonable for the poten-
tialmarginal fibers. This includes reaction wood(compression
V •
consequences and tension)and woundwood.
1 • the availability of information and data
• the expertise required Properties that show the potential for,or presence of,
response growth:
• Crown healthy,vigorous,good color,good growth,and
few pests.
• Bark healthy and intact.
• Woundwood well developed around cuts,cracks,and
openings.
A matrix-based,qualitative approach to tree risk assessment has
been selected for expanded explanation in this article,but quantitative
assessments are not precluded from best management practices.
Whichever technique is chosen,the users should recognize the
limitations as well as the nature and degree of uncertainty in the
data and information available. • Local increases in wood growth near a structural defect—
Z Typically,there is a considerable level of uncertainty associated ribs and bulges.
ilwith tree risk assessment due to our limited ability to predict natu- • Enlargement in diameter in areas weakened by internal decay
ral processes(e.g.,rate of progression of decay,response growth), • Distinct demarcations between healthy and damaged tissue.
weather events,traffic and occupancy rates,and potential consequences • Well developed,wide root flare.
of tree failure. Sources of uncertainty should be understood and • Corrected trunk lean.
communicated to the risk manager/tree owner.
Risk Categorization and defects have a significant impact on tree structure.For example,
Most tree risk assessment reports include a rating of risk posed by
the tree. In a qualitative tree risk assessment,assessors can use a a trunk lean of 10 degrees may not be of great concern on many
trees,but if there is a large,decayed root on the side opposite the
matrix to help categorize risk.The risk category is then compared
lean,then the likelihood of failure increases if significant loads are
to the level of risk that is acceptable to the client,controlling author
-
likely or societal standards. If the risk category defined for the tree likely to occur and the tree did not compensate for the defect with
exceeds the level of acceptable risk,mitigation options should be adaptive growth.Assessing each condition with regard to its likeli-
presented. hood of failure or level of risk will help discern the significance of
The likelihood of a tree failure impacting a target and the cone each condition relative to the entire tree.
quences of the failure are the factors to consider when categorizing Tree failures usually occur when there is a critical combination
tree risk.The likelihood of a tree failure impacting a target is deter- of tree defect(s),conditions,and contributing environmental factors,
mined by considering two additional factors.First is the likelihood such as wind,rain,freezing rain,or snow With the exception of
of a tree failure occurring within a specified period of time.The likeli sudden branch drop,calm day tree failures are very rare and usu
hood of tree failure is determined by examining structural conditions, ally result from extreme defects.Most tree failures occur when wind
defects,response growth,and anticipated loads. Second is the like- speed exceeds the seasonal norm for the site.
lihood of the failed tree or branch impacting the specified target.Impact In discussing likelihood of failure,a time period should be ref
may be the tree directly striking the target,or it may be a disrup erenced to put the likelihood in context.Often,the time period is
tion of activities due to the failure. the inspection interval(the time recommended for the next inpec-
These two factors are evaluated and categorized using a matrix tion);however,some inspectors base all assessments on a one-year
to estimate the likelihood of the combined event:a tree failure occur- time interval.Either method is acceptable,as long as the time period
ring,and the tree impacting the specified target.The likelihood of that is specified and is reasonable.This time period should not be con
sidered a"guarantee period"for the risk assessment.The assessment
combined event is then compared with the expected consequences
of a failure impacting the target to determine a level of risk. states the conditions found at the time of the inspection,weather,
and activities in and around the tree can have a significant impact
Likelihood of Failure on tree condition and the likelihood of failure.
Judgment about the significance of defects,conditions,and response The likelihood of failure can be categorized using the following
growth can be guided by the information available in various pro- guidelines:
fessional resources,as well as through species failure profiles,site Improbable—the tree or branch is not likely to fail during normal
conditions,and tree risk assessor experience. It is essential to con- weather conditions and may not fail in many severe weather con-
sider all of the compounding factors,as well as any response growth ditions within the specified time period.
in the tree,which may have compensated for the condition.Guidelines Possible—failure could occur,but it is unlikely during normal
should be considered a starting point and should be modified as weather conditions within the specified time period.
needed so that they are appropriate for the tree and site. Significant
deviation from these guidelines or other standards that are used Probable—failure may be expected under normal weather condi-
should be noted and presented in a detailed report. tions within the specified time period.
When more than one defect or condition is present in a tree,the Imminent—failure has started or is most likely to occur in the near
impact of the combination must be considered.Not all conditions future,even if there is no significant wind or increased load.This
14 wwwisa-arbor.com ARBORIST•NEWS
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Z
is a rare occurrence for a risk assessor to encounter,and may A large tree with a large,dead branch is growing next to a one- M
require immediate action to protect people from harm. story house. The dead branch is on the side of the tree away from z
Likelihood of Impacting a Target the house.The likelihood of a dead branch failure within the next O
The second factor to be considered is the likelihood of the failed year was classified by a tree risk assessor as"probable."The house
is a static target with a"constant"occupancy rate.However,the
part impacting the target.To estimate this likelihood,the arborist Q
likelihood of the branch falling from the opposite side of the tree
should attempt to determine the occupancy rate of any targets within
the target zone,and any factors that could affect the failed tree as it through the rest of the tree to the house is"very low"This results
falls toward the target. in a likelihood of impacting the house rating of"unlikely" Q
Likelihood of impacting a target can be categorized using the On the other hand,there is a car parking area located directly
following guidelines: under the branch and there are no lower branches that would mit- 0
igate the fall of the branch.A car is parked under the tree for 14 Z
Very Low—the chance of the failed tree or branch impacting the hours each day,and the driver is present for a few minutes each
specified target is remote.This is the case in a rarely used site that is day as she walks between the house and the car. Thus the human
fully exposed to the assessed tree,or an occasionally used site that is occupancy rate in the target zone is"rare"and the car occupancy
partially protected by trees or structures.Examples include a rarely used rate is"frequent."There are no factors that would affect the fall of
trail or trail head in a rural area,or an occasionally used area that has the branch on this side of the tree,so the"rare"human occupancy
some protection against being struck by the tree failure due to the rate translates to a"low"likelihood of impacting the driver.When
presence of other trees between the tree being assessed and the targets. that is combined with a failure likelihood of"probable,"the combi-
Low—it is not likely that the failed tree or branch will impact the nation results in the likelihood of a failure impacting the driver of •
target.This is the case in an occasionally used area that is fully exposed "unlikely." 5U
to the assessed tree,a frequently used area that is partially exposed The car occupancy rate is"frequent,"making the likelihood of the
to the assessed tree,or a constant target that is well protected from branch striking it"medium."Combining the medium likelihood of
the assessed tree.Examples are a little-used service road next to the impact,with the"probable"likelihood failure of the branch,the
assessed tree,or a frequently used public street that has a street tree likelihood of failure and impact for the car becomes"somewhat
between the street and the assessed tree. likely"As illustrated in this example,it is not unusual to have multiple
Medium—the failed tree or branch may or may not impact the targets with different values and occupancy rates.All the main risk
target,with nearly equal likelihood.This is the case in a frequently targets should be considered when conducting a risk assessment.
used area that is fully exposed on one side to the assessed tree,or a Categorizing
Ca
constantly occupied area that is partially protected from the assessed g Consequences
tree.Examples include a suburban street next to the assessed street of Failure
tree or a house that is partially protected from the assessed tree by Consequences are estimated based on the value of the target and
an intermediate tree. the harm that may be done to it.The consequences depend on the
High—the failed tree or branch will most likely impact the target. part size,fall characteristics,fall distance,and any factors that may
This is the case when a fixed target is fully exposed to the assessed protect the risk target from harm.The significance of target val-
tree or near a high-use road or walkway with an adjacent street tree. ues—both monetary and otherwise—is subjective and relative to
Categorizing Likelihood of a Tree Failure the client.Values should be assessed from the client's perspective.
Impacting a Target Consequences of failures can be categorized using the following
After determining the likelihood of failure and the likelihood of guidelines:
impacting a target,the combined likelihood of a failure impacting a Negligible consequences are those that involve low-value property
target can be categorized.Table 1 can be used to guide the arborist damage or disruption that can be replaced or repaired,and do not
in relating these likelihood factors within a given time period.The involve personal injury.Examples of negligible consequences include:
resulting terms(unlikely,somewhat likely,likely,and very likely) • a small branch striking a fence
are defined by their use within the table and are used to represent • a medium-sized branch striking a shrub bed
this combination of occurrences in Table 2,the Risk Matrix. • a large part striking a structure and causing low monetary
An example of determining the likelihood of a failure impacting damage
a target is as follows: • disruption of power to landscape lighting
Minor consequences are those involv-
Table 1.The matrix used to estimate the likelihood of a tree failure impacting a specified target. ing low to moderate property damage,
small disruptions to traffic or a com-
Likelihood of Failure Likelihood of Impacting Target munication utility,or very minor injury.
Very low Low Medium High Examples of minor consequences include:
Imminent Unlikely Somewhat likely Likely Very likely • a small branch striking a house
Probable Unlikely Unlikely Somewhat likely Likely roof from a high height
• a medium-sized branch striking
Possible Unlikely Unlikely Unlikely Somewhat likely a deck from a moderate height
Improbable Unlikely Unlikely Unlikely Unlikely • a large part striking a structure and
causing moderate monetary damage
FEBRUARY 2012 www.isa-arbor.com 15
• short-term disruption of power at a service drop to a house N.a
• temporary disruption of traffic on a neighborhood street "�
p ry p g - . }}, �• !'�
Significant consequences are those that involve property damage r�. �. •., • f$r
of moderate to high value,considerable disruption,or personal "`` -.-- bah +� f
..• injury. Examples of significant consequences include: =. - `,r
• a medium-sized part striking an unoccupied new vehicle ' ��_
from a moderate or high height - - 1. T��, *4 '
• a large part striking a structure and resulting in high monetary ` �' t �,
damage _
• disruption of distribution primary or secondary voltage power
I
lines,including individual services and street lighting circuits ;''; /111 .
. '1. `;`r`, 1
t +� 4 '
• disruption of traffic on a secondary street *.�'•• ��; ,t �,,• ��
Severe consequences are those that could involve serious personal v--ae:-..7.,...41..,-
.,in a or death,dama e to hi h-value ro ert or disru tion of �: r .; , ��''CEU
j n' g g p p Y p -� ti �l' � .
important activities.Examples of severe consequences include: +x; .. .., . .
y gg "` ;.
• injury to a person that may result in hospitalization :: W1 %p� y� ;�
• a medium-sized part strikingan occupied vehicle ..• �"' - �.'. :.r—
• a large part striking an occupied house =; .' ¢�;' 9"
• serious disruption of high-voltage distribution and transmission - `,'° - . ' ""
power lines • '..
• disruption of arterial traffic or motorways . ' rir
Continuing the example from the prior section,the consequences ` v �;y,T f
of a medium-sized dead branch striking a house would be"minor,"the �- y a
consequences of that branch striking an unoccupied new car would 4.1 4 '
lirlit-iP2511N ill irm w4
fIt # To estimate the likelihood of impacting a target,determine the occupancy
Iff
if, ill rate of any targets within the target zone and any factors that could
Ate, • :s_ affect the failed tree as it falls toward the target.
be"significant,"and the consequences of impacting the driver would
oak_ I r 4, . -. - ••,., be"severe."These consequences are combined with the likelihood
A .ti A of failure and impact to determine risk ratings.
biliPIP-- NI f \
Tree Risk Rating
'- - 14
—
_ Tree risk assessment reports typical y include a rating of risk.A risk
matrix(Table 2)is a means of combining ratings of likelihood and
•
5 Tconsequence factors to determine a level or rating of risk.The matrix
approach was selected for use in this guide because of its broad accept-
M f ance,ease of use,and effective application for rating risk.This matrix
' was designed specifically for the evaluation of risk posed by tree
-i -- 41 ,� _ f,. failures.The limitations associated with using a matrix include the
t .111
inherent subjectivity associated with the selection of both the like-
-- i F"i; ''. lihood and consequence factors,and the lack of comparability to
"ti -...
�
other types of risk assessed using other means.
= Most trees have more than one potential failure mode and may
- — i 1-a i have multiple risk targets.For example,a tree with excessive root
=_= - t i !` t decay may also have several dead branches;the whole tree could
_____ - fail from root decay,and dead branches may fail.Similarly,the whole
"' I tree may fall on a house,while the dead branches would fall only
, on the driveway.When evaluating individual trees,it is appropriate to
v - _ 4- - A '' evaluate each factor as independent events and to recommend mit-
H igation options along with estimated residual risks for each factor.
Consequences,which depend on many different tree and site characteristics,W Risk aggregation is the consideration of multiple risks in combi-
Consequences,estimated based on the value of the target and the harm that may nation,and is difficult to do even with complex mathematical analy-
be done to it. ses.Therefore,the tree risk assessor cannot simply add or multiply
16 wwwisa-arbor.com ARBORIST•NEWS
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Z
Steps to Developing a Tree Risk Rating with populations of trees and limited visual assessments.It is impor- M
tant to note,however,that if measures are taken to mitigate the Z
1.Identify possible targets. highest risk,there still is residual risk associated with that tree,includ- O
2.Identify tree part(s)that could strike target. ing the remaining risk factors.The risk rating for that tree may or may
3.Evaluate likelihood for each part to fail. not change based upon the remaining risk factors. ~
a.improbable In the tree risk assessment matrix,four terms are used to define V
b.possible levels of risk: low,moderate,high,and extreme.These risk ratings m
c.probable are used to communicate the level of risk and to assist in making
d.imminent recommendations to the owner or risk manager for mitigation and W
4.Evaluate likelihood of tree/part impacting target. inspection frequency.The priority for action depends upon the risk 0
a.very low rating and risk tolerance of the owner or manager. Z
b.low Low.The low-risk category applies when consequences are"negli-
c.medium gible"and likelihood is"unlikely";or when consequences are"minor"
d.high and likelihood is"somewhat likely"Some trees with this level of risk
5.For each failure mode,identify likelihood for tree failure may benefit from mitigation or maintenance measures,but imme- z
impacting a specified target(Table 1). diate action is not usually required.Tree risk assessors may recom- Z
a.very unlikely mend retaining and monitoring these trees,as well as mitigation that
b.unlikely does not include removal of the tree.
c.somewhat likely Moderate.Moderate-risk situations are those for which consequences c u
d.likely are"minor"and likelihood is"very likely"or"likely";or when like-
e.very likely lihood is"somewhat likely"and consequences are"significant"or
6.For each failure mode,estimate consequences of failure "severe."The tree risk assessor may recommend mitigation and/or
a.negligible retaining and monitoring.The decision for mitigation and timing
b.minor of treatment depends upon the risk tolerance of the tree owner or
c.significant manager. In populations of trees,moderate-risk trees represent a
d.severe lower priority for mitigation than high-or extreme-risk trees.
7.For each failure mode,designate the risk(Table 2).
a.low High. High-risk situations are those for which consequences are
b.moderate "significant"and likelihood is"very likely"or"likely,"or when con-
c.high sequences are"severe"and likelihood is"likely"This combination
d.extreme of likelihood and consequences indicates that the tree risk assessor
should recommend mitigation measures be taken as soon as is prac-
tical.The decision for mitigation and timing of treatment depends
the risk ratings for the individual failure modes to reach a whole- upon the risk tolerance of the tree owner or risk manager. In pop-
tree risk rating. ulations of trees,the priority of high-risk trees is second only to
What the tree risk assessor can do is identify—among all the fail- extreme-risk trees.
ure modes and consequences assessed—the failure mode having Extreme. The extreme-risk category applies in situations in which
the greatest risk,and report that as the tree risk rating.Assigning a failure is"imminent"and there is a high likelihood of impacting
tree risk rating for a tree may be useful,especially when assessing a the target,and the consequences of the failure are"severe."The tree
population of trees.For example,in a given situation,whole-tree risk assessor should recommend that mitigation measures be taken
failure may be unlikely,but could have significant consequences if as soon as possible.In some cases,this may mean immediate restric-
it occurs;using Table 2,the risk rating is"low"At the same time, tion of access to the target zone area to avoid injury to people.
failure of a dead branch maybe very likely,but with minor conse- Continuing the example from the sections on likelihood and
quences;the risk rating is"moderate."The risk rating maybe reported consequence:for the house,the risk of a medium-sized,dead branch
as"moderate,"the higher of the two ratings.This rating often is pre- with a likelihood of failure an impact rating of"unlikely,"and con-
sented as the single risk level for the tree,especially when dealing sequences rating of"minor,"would result in a risk rating of"low"
For the parked car,the likelihood is"somewhat likely"
and the consequences are"significant,"so the risk
Table 2.Risk rating matrix showing the level of risk as the combination of likelihood of a is"moderate."For the driver of the car,the likeli-
tree failing and impacting a specified target,and severity of the associated consequences.
hood is"unlikely"and the consequences"severe,"
Likelihood of Consequences so the risk is also"low"Overall,the tree risk rating
Failure and Impact Negligible Minor Significant Severe would be"moderate,"the highest of these three
Very likely Low Moderate High Extreme individual ratings.Whether the client chooses to
Likely Low Moderate High High mitigate the risk depends on their perception of
Somewhat likely Low Low Moderate Moderate risk and what level of risk they find acceptable,as
well as the cost,aesthetics,and inconvenience of
Unlikely Low Low Low Low mitigation.
FEBRUARY 2012 www.isa-arbor.com 17
Risk Perception and The next article in this series will define and describe three levels of tree
risk assessment,and will discuss how and when each is used.
Acceptable Risk•
Tree risk assessors assess and categorize an individual tree's risk.How E. Thomas Smiley is a Board-Certified Master Arborist.He is an arboricul-
people perceive risk and their need for personal safety is inherently tural researcher at the Bartlett Tree Research Laboratory(Charlotte,NC).
-11
subjective;therefore,risk tolerance and action thresholds vary among Nelda Matheny is president of HortScience,Inc.She is a Board-Certified
tree owners/managers.What is within the tolerance of one person Master Arborist and Registered Consulting Arborist.
may be unacceptable to another. It is impossible to maintain trees Sharon Lilly is the ISA Director of Educational Goods Services.
completely free of risk—some level of risk must be accepted to She is a Board-Certified Master Arborist.
experience the benefits that trees provide. CEU TEST QUESTIONS
Acceptable risk is the degree of risk that is within the owner,
manager,or controlling authority's tolerance,or that which is below Take your quiz online!Go to wwwisa-arbor.com/certifrcation/
a defined threshold. Municipalities,utilities,and property managers ceus.aspx and click on"Arborist News Quizzes Online."If you
may have a risk management plan that defines the level of accept- need a login and password,send an e-mail to cert@isa-arbor.com.
able risk. Safety may not be the only basis used by the risk manager To receive continuing education unit(CEU)credit(2.0 CEUs)for
to establish acceptable levels of risk;budget,a tree's historical or home study of this article,after you have read it,darken the appropriate
environmental significance,aesthetics,and other factors may also circles on the answer form of the insert card in this issue of Arborist
News.(A photocopy of the answer form is not acceptable.)A passing
come into the decision-making process.Tree risk assessors may score for this test requires 32 correct answers.
also assess risk within a population of trees and use that informa Next,complete the registration information,including your certi-
�u tion to prioritize remedial action. fication number,on the answer form and send it to ISA,P.O.Box 3129,
For extreme-risk trees,the tree risk assessor should notify the Champaign,IL 61826-3129.Answer forms for this test,Qualitative
owner/manager as soon as possible and,in some cases,immediate- Tree Risk Assessment,may be sent for the next 12 months.
ly restrict access to the target zone to avoid injury.For lower levels If you do not pass the quiz,ISA will send you a retake answer sheet.
of risk,however,some discussion is usually required to under- You may take the quiz as often as necessary to pass.If you pass,you
stand the client's risk tolerance and determine appropriate mitiga- will not be notified;rather,you will see the credit on your CEU report
tion treatments. In considering risk and mitigation measures,tree (available online).Processing CEUs takes 4 to 6 weeks.
risk assessors should communicate the benefits of trees as well as CEUs for this article apply to Certified Arborist,Utility Specialist,
Municipal Specialist,Tree/Worker Climber,and the BCMA man-
the consequences of losing them.
agement category.
1. It is important to establish the context of a 4. A limitation of qualitative tree risk assessment 7. Uncertainty in tree risk assessment can be
tree risk assessment to define is that due to the limited ability to predict
a.the objectives of the assignment and a.it is not possible to categorize likelihood a.decay progression
communication flow factors b.weather events
b.how risk will be evaluated b.probabilities are too variable for use with c.traffic and occupancy rates
c.the limitations of the risk assessment living organisms d.all of the above
d.all of the above c.the process holds inherent subjectivity 8. Sources of uncertainty in risk assessment
2. An advantage of quantitative assessment is that and ambiguity should be
a.tree risk can be compared to other trees d.there are no ways of estimating conse a.eliminated by using proper methodology
and to other types of risk quences of failure and equipment
b.the assessment results are inherently more 5. A caution related to the categorization of b.minimized through careful measurement
precise risk factors into numeric values is that and calculations
c.the likelihood of failure of the tree is a.addition or multiplication of ordinal c.understood and communicated to the
irrelevant numbers is mathematically incorrect risk manager
d.it does not require training or expertise b.quantitative values for probability and d.all of the above
to be used consequences cannot be multiplied 9. Most tree failures are associated with
3. A limitation of quantitative tree risk assessment c.risk cannot be determined based on a.structural defects or conditions and an
can be that categories extraordinary loading event
a.it is not possible to mathematically d.all of the above b.tension wood or compression wood
calculate the risk 6. Choice of risk assessment methods should failures in the trunk
b.quantitative data for probability and be based on the c.uncompartmentalized fungal decay in
consequences may not be available a.needs of the decision makers and the the heartwood
c.probabilities are too variable for use with level of detail required d.senescent wood tissues in the root collar
living organisms b.resources available and what is reasonable or buttress roots
d.there are no ways of estimating conse- for the potential consequences
quences of failure c.availability of information and data
d.all of the above
18 wwwisa-arbor.com ARBORIST•NEWS
81st OREGON LEGISLATIVE ASSEMBLY--2021 Regular Session
Enrolled
Senate Bill 762
Sponsored by COMMITTEE ON NATURAL RESOURCES AND WILDFIRE RECOVERY (at the re-
quest of Senate Committee on Natural Resources and Wildfire Recovery, Governor Kate Brown)
CHAPTER
AN ACT
Relating to wildfire; creating new provisions; amending ORS 197.716, 205.130, 401.025, 477.015,
477.025, 477.027, 477.281 and 526.360; repealing ORS 477.017, 477.018, 477.023, 477.029, 477.031,
477.052, 477.054, 477.057, 477.059, 477.060 and 477.061; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
ELECTRIC SYSTEM PLANS
SECTION 1. Sections 2 to 4 of this 2021 Act are added to and made a part of ORS chapter
757.
SECTION 2. The Public Utility Commission shall periodically convene workshops for the
purpose of helping public utilities that provide electricity, municipal electric utilities, people's
utility districts organized under ORS chapter 261 that sell electricity, electric cooperatives
organized under ORS chapter 62 and operators of electrical transmission and distribution
systems to develop and share information for the identification, adoption and carrying out
of best practices regarding wildfires, including, but not limited to, risk-based wildfire pro-
tection and risk-based wildfire mitigation procedures and standards.
SECTION 3. (1) A public utility that provides electricity must have and operate in com-
pliance with a risk-based wildfire protection plan that is filed with the Public Utility Com-
mission and has been evaluated by the commission. The plan must be based on reasonable
and prudent practices identified through workshops conducted by the commission pursuant
to section 2 of this 2021 Act and on commission standards adopted by rule. The public utility
must design the plan in a manner that seeks to protect public safety, reduce risk to utility
customers and promote electrical system resilience to wildfire damage.
(2) A public utility that provides electricity shall regularly update a risk-based wildfire
protection plan on a schedule determined by the commission. The plan must, at a minimum:
(a) Identify areas that are subject to a heightened risk of wildfire and are:
(A) Within the service territory of the public utility; and
(B) Outside the service territory of the public utility but within a reasonable distance,
as determined by the commission, of the public utility's generation or transmission assets.
(b) Identify a means for mitigating wildfire risk that reflects a reasonable balancing of
mitigation costs with the resulting reduction of wildfire risk.
(c) Identify preventive actions and programs that the public utility will carry out to
minimize the risk of utility facilities causing a wildfire.
Enrolled Senate Bill 762 (SB 762-C) Page 1
(d) After seeking information from regional, state and local entities, including munici-
palities, identify a protocol for the deenergizing of power lines and adjusting of power system
operations to mitigate wildfires, promote the safety of the public and first responders and
preserve health and communication infrastructure.
(e) Describe the procedures, standards and time frames that the public utility will use
to inspect utility infrastructure in areas that the public utility identifies under paragraph (a)
of this subsection.
(f) Describe the procedures, standards and time frames that the public utility will use to
carry out vegetation management in areas that the public utility identifies under paragraph
(a) of this subsection.
(g) Identify the development, implementation and administration costs for the plan.
(h) Identify the community outreach and public awareness efforts that the public utility
will use before, during and after a wildfire season.
(3) To develop a plan described in subsection (2) of this section, a public utility may
consult with and consider information from regional, state and local entities, including
municipalities.
(4) The commission, in consultation with the State Forestry Department and local
emergency services agencies, shall evaluate a public utility's wildfire protection plan and plan
updates through a public process.
(5) Not more than 180 days after receiving a wildfire protection plan or plan update from
a public utility, the commission shall approve or approve with conditions the plan or update
if the commission finds that the plan or update is based on reasonable and prudent practices
identified through workshops pursuant to section 2 of this 2021 Act and designed to meet all
applicable rules and standards adopted by the commission.
(6) The commission's approval of a wildfire protection plan does not establish a defense
to any enforcement action for violation of a commission decision, order or rule or relieve a
public utility from proactively managing wildfire risk, including by monitoring emerging
practices and technologies.
(7) The commission shall adopt rules for the implementation of this section. The rules
may include, but need not be limited to, procedures and standards regarding vegetation
management, public power safety shutoffs and restorations, pole materials, circuitry and
monitoring systems.
(8) All reasonable operating costs incurred by, and prudent investments made by, a public
utility to develop, implement or operate a wildfire protection plan under this section are re-
coverable in the rates of the public utility from all customers through a filing under ORS
757.210 to 757.220. The commission shall establish an automatic adjustment clause, as defined
in ORS 757.210, or another method to allow timely recovery of the costs.
SECTION 3a. (1) In addition to all other penalties provided by law, violation of section 3
of this 2021 Act or a rule adopted pursuant to section 3 of this 2021 Act is subject to a civil
penalty not to exceed $10,000.
(2) Notwithstanding ORS 183.315 (6), 183.745 (7)(d) and 756.500 to 756.610, civil penalties
under this section must be imposed by the Public Utility Commission as provided in ORS
183.745.
(3) Civil penalties collected under this section must be paid into the General Fund and
credited to the Public Utility Commission Account as described in ORS 756.990 (7).
SECTION 4. (1) As used in this section, "consumer-owned utility" and "governing body"
have the meanings given those terms in ORS 757.600.
(2) A consumer-owned utility must have and operate in compliance with a risk-based
wildfire mitigation plan approved by the governing body of the utility. The plan must be de-
signed to protect public safety, reduce risk to utility customers and promote electrical sys-
tem resilience to wildfire damage.
Enrolled Senate Bill 762 (SB 762-C) Page 2
(3) The consumer-owned utility shall regularly update the risk-based wildfire mitigation
plan on a schedule the governing body deems consistent with prudent utility practices.
(4) A consumer-owned utility shall conduct a wildfire risk assessment of utility facilities.
The utility shall review and revise the assessment on a schedule the governing body deems
consistent with prudent utility practices.
(5) A consumer-owned utility shall submit a copy of the risk-based wildfire mitigation
plan approved by the utility governing body to the Public Utility Commission to facilitate
commission functions regarding statewide wildfire mitigation planning and wildfire
preparedness.
SECTION 5. A public utility that provides electricity shall submit the first risk-based
wildfire protection plan required of the public utility under section 3 of this 2021 Act for
Public Utility Commission evaluation no later than December 31, 2021.
SECTION 6. A consumer-owned utility shall submit the first risk-based wildfire miti-
gation plan required under section 4 of this 2021 Act to the utility governing body no later
than June 30, 2022.
SECTION 6a. (1) As used in this section, "electric utility" has the meaning given that
term in ORS 757.600.
(2) Sections 3 and 4 of this 2021 Act do not affect the terms or conditions of easement
held by an electric utility over private land as of the effective date of this 2021 Act.
SECTION 6b. Sections 3 and 3a of this 2021 Act do not apply to municipally owned utili-
ties organized under ORS chapter 225.
STATEWIDE MAP OF WILDFIRE RISK
SECTION 7. (1) The State Forestry Department shall oversee the development and
maintenance of a comprehensive statewide map of wildfire risk that displays the wildfire risk
classes described in subsection (4) of this section and populates the Oregon Wildfire Risk
Explorer.
(2) The Oregon Wildfire Risk Explorer must be the official wildfire planning and risk
classification mapping tool for the State of Oregon.
(3) The State Board of Forestry shall establish by rule criteria by which the map must
be developed and maintained, including criteria concerning the use of the most current
wildfire assessments.
(4) In consultation with Oregon State University, the department shall establish five
statewide wildfire risk classes of extreme, high, moderate, low and no risk. The classes must
be:
(a) Consistent with ORS 477.027.
(b) Based on weather, climate, topography and vegetation.
(5) The department shall enter into an agreement with the university that provides that
the university will develop and maintain the map and make the map publicly available in
electronic form through the Oregon Wildfire Risk Explorer.
(6) The board shall adopt rules that:
(a) Provide opportunities for public input into the assignment of properties to the wildfire
risk classes described in subsection (4) of this section.
(b) Require the department to provide notice and information about how a property
owner may appeal an assignment of the property owner's property to the extreme or high
wildfire risk classes.
(c) Allow affected property owners and local governments to appeal the assignment of
properties to the wildfire risk classes after the map is developed, after any updates to the
map and within a reasonably time after delivery of the notice and information described in
paragraph (b) of this subsection.
Enrolled Senate Bill 762 (SB 762-C) Page 3
(d) Establish a specific process for appeals through which a requested change in assign-
ment is assessed based on:
(A) Whether the assignment is consistent with the criteria described in subsection (3)
of this section;
(B) Any pertinent facts that may justify a change in the assignment; and
(C) Any error in the data the department used to determine the assignment, if the error
justifies a change in the assignment.
(7) The map must:
(a) Be based on the wildfire risk classes.
(b) Be sufficiently detailed to allow the assessment of wildfire risk at the property-
ownership level.
(c) Include the boundaries of the wildland-urban interface, as defined in ORS 477.015,
consistent with national standards.
(d) Include a layer that geospatially displays the locations of socially and economically
vulnerable communities.
(8) To develop and maintain the map, the university shall collaborate with the depart-
ment, the State Fire Marshal, other state agencies, local governments, federally recognized
Indian tribes in this state, other public bodies and any other information sources that the
university deems appropriate.
(9) In maintaining the map, the university shall make technical adjustments as needed
and update the map consistent with the results of appeals described in subsection (6)(b) of
this section.
(10) The university shall provide technical assistance to representatives of state and local
government, and to landowners, that use the map.
SECTION 7a. (1) On or before December 31, 2021, the State Forestry Department shall
report to an interim committee of the Legislative Assembly related to wildfire, in the man-
ner provided in ORS 192.245, to the State Wildfire Programs Director and to the Wildlife
Programs Advisory Council on the progress of the department and Oregon State University
in complying with the requirements of section 7 of this 2021 Act.
(2) On or before June 30, 2022, the department and university must finish all actions re-
quired of the department and university by section 7 of this 2021 Act.
(3) Notwithstanding any contrary provision of law, the State Board of Forestry may
adopt temporary rules to help ensure the requirements described in subsection (2) of this
section are met.
DEFENSIBLE SPACE
SECTION 8. As used in sections 8a, 8b and 8c of this 2021 Act, "defensible space" means
a natural or human-made area in which material capable of supporting the spread of fire has
been treated, cleared or modified to slow the rate and intensity of advancing wildfire and
allow space for fire suppression operations to occur.
SECTION 8a. (1) The State Fire Marshal shall establish minimum defensible space re-
quirements for wildfire risk reduction on lands in areas identified on the statewide map of
wildfire risk described in section 7 of this 2021 Act as within the wildland-urban interface.
(2) The State Fire Marshal:
(a) Shall consult with the Oregon Fire Code Advisory Board to establish the require-
ments.
(b) Shall establish requirements that are consistent with and do not exceed the standards
pertaining only to defensible space that are set forth in the International Wildland-Urban
Interface Code published by the International Code Council, including the standards per-
taining only to defensible space that are set forth in sections 603 and 604 of the code.
(c) May consider best practices specific to Oregon in order to establish the requirements.
Enrolled Senate Bill 762 (SB 762-C) Page 4
(d) Shall periodically reexamine the standards set forth in the International Wildland-
Urban Interface Code and update the requirements to reflect current best practices, in con-
sultation with the Oregon Fire Code Advisory Board.
(e) Shall enforce the requirements that are applicable to lands within the jurisdiction of
a local government.
(f) Shall adopt rules governing administration of the requirements.
(g) May develop and apply a graduated fee structure for use in assessing penalties on
property owners for noncompliance with the requirements.
(h) Shall consult on implementation of the requirements.
(i) May adopt rules concerning reports by local governments described in subsection
(4)(a) of this section.
(3) Subject to additional local requirements, the requirements shall apply statewide for
all lands in the wildland-urban interface that are designated as extreme or high risk, as
identified on the map.
(4) Notwithstanding subsection (2) of this section, a local government may:
(a) Administer, consult on and enforce the requirements established by the State Fire
Marshal, within the jurisdiction of the local government. A local government that adminis-
ters or enforces the requirements established by the State Fire Marshal shall periodically
report to the State Fire Marshal regarding compliance with the requirements, including the
extent of compliance for each property within the jurisdiction of the local government, any
change in the degree of compliance since the last report and any other information required
by the State Fire Marshal by rule.
(b) Adopt and enforce local requirements for defensible space that are greater than the
requirements established by the State Fire Marshal. Any local requirements that a local
government adopts for defensible space must be defensible space standards selected from the
framework set forth in the International Wildland-Urban Interface Code or other best prac-
tices specific to Oregon.
(c) Designate local fire districts, fire departments or fire agencies to enforce the re-
quirements established by the State Fire Marshal or the local government pursuant to par-
agraph (b) of this subsection. A local government that designates enforcement must comply
with the reporting requirements in paragraph (a) of this subsection.
(5) The State Fire Marshal shall administer a community risk reduction program that
emphasizes education and methods of prevention with respect to wildfire risk, enforcement
of defensible space requirements, response planning and community preparedness for
wildfires.
(6) The State Fire Marshal may provide financial, administrative, technical or other as-
sistance to a local government to facilitate the administration and enforcement of require-
ments within the jurisdiction of the local government. A local government shall expend
financial assistance provided by the State Fire Marshal under this subsection to give priority
to the creation of defensible space:
(a) On lands owned by members of socially and economically vulnerable communities,
persons with limited proficiency in English and persons of lower income as defined in ORS
456.055.
(b) For critical or emergency infrastructure.
(c) For schools, hospitals and facilities that serve seniors.
SECTION 8b. (1) The minimum defensible space requirements established by the State
Fire Marshal pursuant to section 8a of this 2021 Act may not be used as criteria to approve
or deny:
(a) An amendment to a local government's acknowledged comprehensive plan or land use
regulations.
(b) A permit, as defined in ORS 215.402 or 227.160.
(c) A limited land use decision, as defined in ORS 197.015.
Enrolled Senate Bill 762 (SB 762-C) Page 5
(d) An expedited land division, as defined in ORS 197.360.
(2) Notwithstanding subsection (1) of this section, a local government may:
(a) Amend the acknowledged comprehensive plan or land use regulations of the local
government to include the requirements; and
(b) Use the requirements that are included in the amended acknowledged comprehensive
plan or land use regulations as a criterion for a land use decision.
SECTION 8c. The State Fire Marshal shall establish minimum defensible space require-
ments for wildfire risk reduction on lands in areas identified on the map described in section
7 of this 2021 Act on or before December 31, 2022.
SECTION 9. The Community Risk Reduction Fund is established in the State Treasury,
separate and distinct from the General Fund. Interest earned by the Community Risk Re-
duction Fund shall be credited to the fund. Moneys in the fund are continuously appropriated
to the State Fire Marshal for the purpose of carrying out community risk reduction and the
local government financial assistance described in section 8a of this 2021 Act.
SECTION 10. (1) The State Fire Marshal shall biannually report regarding the status of
State Fire Marshal and local government activities for carrying out section 8a of this 2021
Act to a committee or interim committee of the Legislative Assembly related to wildfire, in
the manner provided in ORS 192.245, to the State Wildfire Programs Director and to the
Wildfire Programs Advisory Council:
(a) On or before the date of convening of the regular session of the Legislative Assembly
as specified in ORS 171.010.
(b) Approximately six months after the date described in paragraph (a) of this subsection.
(2) The report shall include, but need not be limited to:
(a) A status report regarding community risk reduction and the establishment, adminis-
tration and enforcement of defensible space requirements;
(b) The amount of moneys expended during the year for community risk reduction and
the establishment, administration or enforcement of defensible space requirements;
(c) The amount of moneys expended during the year for the suppression of fires on
wildland-urban interface lands; and
(d) Any recommendations of the State Fire Marshal for legislative action, including, but
not limited to, current or future resource and funding needs for community risk reduction
and establishing, administering or enforcing defensible space requirements.
LAND USE
SECTION 11. (1) As used in this section, "defensible space" has the meaning given that
term in section 8 of this 2021 Act.
(2) The Department of Land Conservation and Development shall identify updates to the
statewide land use planning program and local comprehensive plans and zoning codes that
are needed in order to incorporate wildfire risk maps and minimize wildfire risk, including
the appropriate levels of state and local resources necessary for effective implementation.
(3) Updates may include, but need not be limited to, provisions regarding sufficient
defensible space, building codes, safe evacuation and development considerations in areas of
extreme and high wildfire risk, allowing for regional differences.
(4) On or before October 1, 2022, the Department of Land Conservation and Development
shall:
(a) Complete the updates.
(b) Report to a committee or interim committee of the Legislative Assembly related to
wildfire, in the manner provided in ORS 192.245, to the State Wildfire Programs Director and
to the Wildfire Programs Advisory Council on the updates. The report must include recom-
mendations concerning the updates.
Enrolled Senate Bill 762 (SB 762-C) Page 6
(5) As necessary to identify needed updates and develop the recommendations required
by subsection (4)(b) of this section, the department may consult with the State Fire Marshal,
the State Forestry Department, the Department of Consumer and Business Services and lo-
cal governments.
BUILDING CODES
SECTION 12. (1) For extreme and high wildfire risk classes in the wildland-urban inter-
face that are identified pursuant to section 7 of this 2021 Act, the Department of Consumer
and Business Services shall adopt wildfire hazard mitigation building code standards that
apply to new dwellings and the accessory structures of dwellings, as described in section R327
of the 2021 Oregon Residential Specialty Code.
(2) The department shall amend section R327 of the Oregon Residential Specialty Code
to include standards for additions to existing dwellings and accessory structures and for re-
placement of existing exterior elements covered in section R327 of the 2021 Oregon Residen-
tial Specialty Code.
(3) The department shall incorporate the standards described in subsections (1) and (2)
of this section into any updates to the Oregon Residential Specialty Code.
SECTION 12a. (1) The Department of Consumer and Business Services shall take the
actions required by section 12 (1) and (2) of this 2021 Act not later than October 1, 2022.
(2) The standards described in section 12 (1) and (2) of this 2021 Act may not become
operative before April 1, 2023.
SECTION 12b. Not more than two years after the standards described in section 12 (1)
and (2) of this 2021 Act are adopted, the Department of Consumer and Business Services
shall update section R327 of the Oregon Residential Specialty Code to:
(1) Ensure that the code incorporates the standards described in section 12 (1) and (2)
of this 2021 Act; and
(2) Make any necessary adjustments to the applicability of the standards and permitting
requirements in the code.
SECTION 12c. The Department of Consumer and Business Services:
(1) Shall develop and maintain an interactive mapping tool that displays, at the property
level, wildfire hazard mitigation standards covered in section R327 of the Oregon Residential
Specialty Code. The tool must be designed to support future inclusion of snow load, seismic
and wind building code standards at the property level.
(2) Shall collaborate with Oregon State University to obtain any needed information from
the Oregon Wildfire Risk Explorer and national or science-based sources in order to develop
the tool.
(3) Shall ensure that the tool is displayed in an electronic format and available to the
public at no charge.
(4) Shall periodically update the tool when the relevant building code is updated.
(5) May enter into an agreement with the university concerning services required to de-
velop and maintain the tool.
SECTION 12d. (1) The Department of Consumer and Business Services shall develop the
interactive mapping tool described in section 12c of this 2021 Act not more than 60 days after
the statewide map of wildfire risk described in section 7 of this 2021 Act is developed.
(2) Any delay in developing the tool may not affect a deadline concerning the map.
HEALTH SYSTEMS FOR SMOKE
SECTION 13. The Department of Environmental Quality shall develop and implement a
program for supporting local communities, in detecting, preparing for, communicating or
mitigating the environmental and public health impacts of wildfire smoke.
Enrolled Senate Bill 762 (SB 762-C) Page 7
SECTION 13a. The Department of Environmental Quality shall establish a program for
supporting local communities through intergovernmental agreements, grants, contracts or
cooperative agreements to develop and implement community response plans to enhance the
communities' readiness and mitigation capacity for smoke.
SECTION 13b. (1) The Department of Environmental Quality shall establish and imple-
ment a program to support communities across this state in monitoring, interpreting and
communicating data related to ambient air quality conditions caused by wildfire smoke.
(2) As part of the program, the department shall:
(a) Conduct community outreach in areas of this state that are prone to poor air quality
attributable to elevated levels of particulate matter.
(b) Deploy air quality monitoring equipment in a manner sufficient to evaluate an in-
creased prevalence of poor air quality attributable to elevated levels of particulate matter.
(c) Monitor meteorological conditions in a manner sufficient to forecast occurrences of
poor air quality.
SECTION 14. (1) As used in this section, "smoke filtration system" means an air
filtration system capable of removing particulates and other harmful components of wildfire
smoke in a public building.
(2) In consultation and coordination with the Oregon Health Authority, the Department
of Human Services shall establish and implement a grant program that allows local govern-
ments to:
(a) Establish emergency clean air shelters.
(b) Equip public buildings with smoke filtration systems so the public buildings may serve
as cleaner air spaces during wildfire smoke and other poor air quality events.
(3) The department shall require grantees to provide access to the clean air shelters at
no charge.
SECTION 14a. The Department of Human Services is the lead state agency for clean air
shelter operations. The department shall:
(1) Consult and collaborate with the Oregon Health Authority to align practices for vol-
untary evacuations and emergency sheltering operations.
(2) Coordinate with the authority in setting priorities for awarding grants described in
section 14 of this 2021 Act.
(3) Provide support to local agencies that take lead roles in operating and planning clean
air shelters in the local agencies'jurisdictions.
SECTION 14b. No later than June 30, 2023, in consultation with the Oregon Health Au-
thority, the Department of Human Services shall report to an appropriate committee or in-
terim committee of the Legislative Assembly, in the manner described in ORS 192.245, to the
State Wildfire Programs Director and to the Wildfire Programs Advisory Council on:
(1) The grants administered pursuant to section 14 of this 2021 Act, including information
about which local governments received grants.
(2) Any barriers to administering the grants.
(3) Areas for improving the grant program described in section 14 of this 2012 Act.
(4) Public health impacts from wildfire smoke events.
SECTION 15. (1) As used in this section, "smoke filtration device" means portable air
cleaners and furnace, heating, ventilation and air conditioning filters that are intended to
remove contaminants, including particulates and other harmful components of wildfire
smoke, from the air in a room to improve indoor air quality.
(2) The Oregon Health Authority shall establish a program to increase the availability
of residential smoke filtration devices among persons vulnerable to the health effects of
wildfire smoke who reside in areas susceptible to wildfire smoke.
(3) The authority may award grants for the purchase of smoke filtration devices.
(4) If the authority awards grants described in this section, the authority shall give pri-
ority to funding for smoke filtration devices in residential buildings occupied by persons who
Enrolled Senate Bill 762 (SB 762-C) Page 8
qualify for the Oregon Health Plan or Medicaid and are vulnerable to the health effects of
wildfire smoke.
(5) The authority may adopt rules establishing standards for smoke filtration devices
obtained with grant moneys received under this section, including, but not limited to, mini-
mum acceptable efficiency for the removal of particulates and other harmful substances
generated by wildfires.
(6) The authority may provide information and refer service providers to grantees that
need housing interventions to facilitate effective use of smoke filtration devices, including
interventions such as weather proofing.
SECTION 15a. The Oregon Health Authority shall periodically report to an appropriate
committee or interim committee of the Legislative Assembly, as described in ORS 192.245,
to the State Wildfire Programs Director and to the Wildfire Programs Advisory Council on:
(1) The use of smoke filtration devices funded under section 15 of this 2021 Act, including
use of the smoke filtration devices by vulnerable and underserved communities.
(2) The effectiveness of the programs described in section 15 of this 2021 Act.
(3) Areas for improvement.
(4) Public health impacts during wildfire smoke events.
(5) Whether funding described in section 15 of this 2021 Act has provided a public health
return on investment.
EMERGENCY RESPONSE AND DISASTER RECOVERY
SECTION 16. ORS 401.025 is amended to read:
401.025. As used in this chapter:
(1) "Emergency" means a human created or natural event or circumstance that causes or
threatens widespread loss of life, injury to person or property, human suffering or financial loss,
including but not limited to:
(a) Fire, wildfire, explosion, flood, severe weather, landslides or mud slides, drought, earth-
quake, volcanic activity, tsunamis or other oceanic phenomena, spills or releases of oil or hazardous
material as defined in ORS 466.605, contamination, utility or transportation emergencies, disease,
blight, infestation, civil disturbance, riot, sabotage, acts of terrorism and war; and
(b) A rapid influx of individuals from outside this state, a rapid migration of individuals from
one part of this state to another or a rapid displacement of individuals if the influx, migration or
displacement results from the type of event or circumstance described in paragraph (a) of this sub-
section.
(2) "Emergency service agency" means an organization within a local government that performs
essential services for the public's benefit before, during or after an emergency, such as law
enforcement, fire control, health, medical and sanitation services, public works and engineering,
public information and communications.
(3) "Emergency services" means activities engaged in by state and local government agencies
to prepare for an emergency and to prevent, minimize, respond to or recover from an emergency,
including but not limited to coordination, preparedness planning, training, interagency liaison, fire
fighting, oil or hazardous material spill or release cleanup as defined in ORS 466.605, law enforce-
ment, medical, health and sanitation services, engineering and public works, search and rescue ac-
tivities, warning and public information, damage assessment, administration and fiscal management,
and those measures defined as "civil defense" in 50 U.S.C. app. 2252.
(4) "Local government" has the meaning given that term in ORS 174.116.
(5) "Major disaster" means any event defined as a "major disaster" under 42 U.S.C. 5122(2).
SECTION 17. (1) The Office of Emergency Management shall update its statewide emer-
gency plan as necessary to prepare for or respond to wildfire emergencies on an area-wide
or statewide basis. The plan developed by the office to prepare for or respond to wildfire
Enrolled Senate Bill 762 (SB 762-C) Page 9
emergencies shall include, but need not be limited to, wildfire risk mitigation efforts and
evacuation planning.
(2) The office shall coordinate with cities, counties, adult foster homes, health care fa-
cilities and residential facilities, the Department of Human Services and the Oregon Health
Authority to establish local or private procedures to prepare for emergencies related to
wildfire and ensure that local efforts to prevent, respond to or recover from an emergency
caused by wildfire are conducted in a manner consistent with the plan developed by the office
to prepare for or respond to wildfire emergencies. The coordinated activities may include,
but need not be limited to, providing training, carrying out exercises and promoting com-
munity education.
SECTION 17a. The Office of Emergency Management shall conduct the update required
by section 17 (1) of this 2021 Act on or before December 31, 2021.
REDUCTION OF WILDFIRE RISK
SECTION 18. (1)(a) The State Forestry Department shall design and implement a pro-
gram to reduce wildfire risk through the restoration of landscape resiliency and the re-
duction of hazardous fuel on public or private forestlands and rangelands and in communities
near homes and critical infrastructure.
(b) The department shall ensure that the program is consistent with the objectives de-
scribed in this section and biennially select, administer and evaluate projects consistent with
the objectives described in this subsection.
(c) When developing program and project selection criteria, the department shall, to the
extent practicable, consult and cooperate with state and federal agencies, counties, cities and
other units of local government, federally recognized Indian tribes in this state, public and
private forestland and rangeland owners, forest and rangeland collaboratives and other rel-
evant community organizations and ensure consistency with the priorities described in sub-
section (3) of this section.
(2) The department shall develop a 20-year strategic plan, as described in the Shared
Stewardship Agreement signed on August 13, 2019, that prioritizes restoration actions and
geographies for wildfire risk reduction. The plan must be able to be used to direct federal,
state and private investments in a tangible way.
(3) In selecting and administering projects, the department shall:
(a) In collaboration with the Oregon State University Extension Service and other enti-
ties, identify strategic landscapes that are ready for treatment, giving priority to projects
within the landscapes that are:
(A) On lands in the four highest eNVC risk classes identified in the United States Forest
Service report titled "Pacific Northwest Quantitative Wildfire Risk Assessment: Methods and
Results" and dated April 9, 2018;
(B) Inclusive of federal lands with treatment projects currently approved under the Na-
tional Environmental Policy Act (42 U.S.C. 4321 et seq.);
(C) Focusing on treatments protective of human life, property, critical infrastructure,
watershed health and forest or rangeland habitat restoration; and
(D) Part of a collaborative partnership with agreements across diverse forestland or
rangeland stakeholders that use an expansive, landscape-scale approach to address underly-
ing causes of poor wildfire resilience and elevated risk of wildfire or that establish innovative
approaches to addressing the underlying causes that could be implemented on a larger scale.
(b) To the extent practicable, identify and support projects that are designed to:
(A) Evaluate varying types of fuel treatment methods;
(B) Leverage the collective power of public-private partnerships and federal and state
funding, including leverage of the coordination of funding to support collaborative initiatives
Enrolled Senate Bill 762 (SB 762-C) Page 10
that address the underlying causes of elevated forestland and rangeland wildfire risk across
ownerships; and
(C) Optimize the receipt of federal government investments that equal or exceed de-
partment investments.
(c) Design the projects to involve existing forest-based and range-based contracting en-
tities.
(d) Design the projects to complement programs and projects of the Oregon Watershed
Enhancement Board or other state agencies as needed.
(e) Design the projects to involve the Oregon Conservation Corps Program established
by section 21 of this 2021 Act, to the maximum extent possible, for community protection
projects located in the wildland-urban interface, subject to funding available in the Oregon
Conservation Corps Fund established by section 23 of this 2021 Act.
(f) Affirmatively seek, and enhance opportunities for, collaboration from stakeholders
holding a wide variety of perspectives regarding forest and rangeland management and op-
portunities for significant involvement by communities in proximity to project sites.
(g) Engage in monitoring of the projects to produce useful information on which to base
recommendations to the Legislative Assembly.
(4) A project under this section may not include commercial thinning on:
(a) Inventoried roadless areas;
(b) Riparian reserves identified in the Northwest Forest Plan or in federal Bureau of
Land Management resource management plans;
(c) Late successional reserves, except to the extent consistent with the 2011 United
States Fish and Wildlife Service Revised Recovery Plan for the Northern Spotted Owl (Strix
occidentalis caurina);
(d) Areas protected under the federal Wild and Scenic Rivers Act (P.L. 90-542), national
recreation areas, national monuments or areas protected under ORS 390.805 to 390.925;
(e) Designated critical habitat for species listed as threatened or endangered under the
Endangered Species Act of 1973 (P.L. 93-205) or by the State Fish and Wildlife Commission
under ORS 496.172, unless commercial thinning is already allowed under an existing envi-
ronmental review or recognized habitat recovery plan; or
(f) Federally designated areas of critical environmental concern or federally designated
wilderness study areas.
(5) The department shall give public notice, and allow reasonable opportunity for public
input, when identifying and selecting landscapes under this section.
SECTION 19. Section 18 of this 2021 Act does not expand, diminish or otherwise affect a
right, privilege, duty or function established under federal, state or local laws or rules that
pertain to the management of private lands in this state.
SECTION 20. (1) The State Forestry Department shall complete the operation of projects
under section 18 of this 2021 Act no later than June 30, 2023.
(2) The department shall report regarding progress in carrying out projects under section
18 of this 2021 Act to an interim committee of the Legislative Assembly related to natural
resources, in the manner provided by ORS 192.245, and to the Governor, State Wildfire Pro-
grams Director and Wildfire Programs Advisory Council no later than January 15, 2022. The
report shall include, but need not be limited to:
(a) An explanation of how landscapes were selected, a summary of the selected projects,
a description of initial outcomes from projects selected under the requirements established
by section 18 of this 2021 Act, anticipated time frames for completion of the projects and any
initial recommendations concerning landscape identification and projects selected under the
requirements established by section 18 of this 2021 Act;
(b) A description of the funding source types and amounts secured by the department
as matching funds to implement projects; and
Enrolled Senate Bill 762 (SB 762-C) Page 11
(c) A summary of outreach and coordination with relevant federal and state agencies,
counties, cities and other units of local government, federally recognized Indian tribes in this
state, public and private forestland and rangeland owners, forestland and rangeland
collaboratives and other relevant community organizations to identify and select landscapes
for treatment and develop selection criteria for projects.
(3)(a) The department shall report its findings and recommendations regarding wildfire
risk reduction on forestland and rangeland and in communities, based on information ob-
tained from the projects described in section 18 of this 2021 Act, to an interim committee
of the Legislative Assembly related to natural resources, in the manner provided by ORS
192.245, and to the Governor, State Wildfire Programs Director and Wildfire Programs Ad-
visory Council no later than July 15, 2023. The report shall include, but need not be limited
to:
(A) A qualitative and quantitative summary of the project outcomes that, at a minimum,
states the number of acres treated, the treatment actions carried out and any resulting or
anticipated changes in landscape conditions related to enhanced resiliency or the mitigation
of wildfire risk to public values;
(B) The identification of barriers to more efficient implementation and achievement of
goals in future wildfire risk reduction projects;
(C) A qualitative and quantitative summary of the use of prescribed fire activities and
invasive annual grass treatments for wildfire risk reduction that, at a minimum, states the
number of acres burned or treated and any resulting or anticipated changes in landscape
conditions related to enhanced resiliency or the mitigation of wildfire risk to public values;
(D) The identification of existing disincentives to, and recommendation for reducing
barriers to, the use of prescribed fire;
(E) Recommendations for creating optimal working relationships with forestland or
rangeland collaboratives and other relevant community organizations regarding future
wildfire risk reduction projects;
(F) A description of the funding source types and amounts secured by the department
as matching funds to carry out projects; and
(G) Recommendations for investment in future wildfire risk reduction projects to be
carried out in the 2023-2025 biennium.
(b) In developing the report required under this subsection, the department shall work
in coordination with federal land management agencies, institutions of higher education and
third parties to develop consistent performance measurements and condition-based metrics
for monitoring and communicating the effectiveness of state investments and project actions
in reducing wildfire risk on public or private forestlands and rangelands and in communities.
OREGON CONSERVATION CORPS
SECTION 21. (1) The Oregon Conservation Corps Program is established for the purposes
of:
(a) Reducing the risk wildfire poses to communities and critical infrastructure.
(b) Helping to create fire-adapted communities.
(c) Engaging youth and young adults in workforce training.
(2) Youth and young adults between 13 years of age and 26 years of age who have been
qualified by a youth development organization may participate in projects undertaken by the
corps.
(3) Notwithstanding any contrary provision of law, participants in projects undertaken
by the corps:
(a) Are not employees of the corps.
(b) Are exempt from prevailing wage laws.
Enrolled Senate Bill 762 (SB 762-C) Page 12
(c) Must receive compensation for their participation of at least minimum wage or an
allowance or stipend that, when combined with other sources of payment the participant is
eligible to receive, including academic credit or an AmeriCorps education award, is equiv-
alent to the value of minimum wage.
SECTION 22. (1) As used in this section, "eligible organization" includes Oregon-based
nonprofit youth development organizations and public entities that provide programs of job
training, skill development and forest-related or rangeland-related career path training.
(2) The Oregon Conservation Corps Advisory Committee is established within the Higher
Education Coordinating Commission for the purpose of managing the Oregon Conservation
Corps Program.
(3) The Governor shall determine the number of members on the committee and appoint
the members.
(4) The committee shall, in collaboration with a qualified nonprofit foundation, actively
seek and source private donations to support the Oregon Conservation Corps Program.
(5) The committee may direct the expenditure of moneys from the Oregon Conservation
Corps Fund for a promotional website and materials to solicit private funds.
(6) Members may not receive compensation for service on the committee, but, subject
to any applicable laws regulating travel and other expenses of state officers and employees,
may be reimbursed for actual and necessary travel and other expenses incurred in the per-
formance of committee duties with moneys available to the commission for the purpose of
reimbursing the members.
(7) The committee shall administer a grant process that:
(a) Provides funding to support the work conducted by the Oregon Conservation Corps
Program.
(b) Defines and uses an equity lens in awarding grants by identifying and supporting
populations with greater vulnerability including communities of color, indigenous communi-
ties, communities with members who have limited proficiency in English and communities
with lower-income members.
(c) Awards grants to eligible organizations.
(d) Ensures that grant awards support activities described in section 21 (1) of this 2021
Act and subsection (8) of this section.
(e) Establishes guidelines for prioritizing grant-supported projects to reduce community
fire risks, promote youth and young adult workforce development and educational experi-
ences and reduce hazardous fuels.
(8) The committee shall consult with the State Forestry Department to ensure that the
grant process awards funds to proposals that:
(a) Protect at-risk communities and infrastructure within the wildland-urban interface,
as described in section 18 of this 2021 Act.
(b) Meet standards for fuel treatment established by the department.
(9) The committee shall biennially submit a report, on the timeline described in ORS
293.640, to an appropriate committee or interim committee of the Legislative Assembly, as
described in ORS 192.245, and to the State Wildfire Programs Director and Wildfire Programs
Advisory Council, regarding the expenditure of moneys deposited in the Oregon Conservation
Corps Fund.
SECTION 23. (1) The Oregon Conservation Corps Fund is established in the State Treas-
ury, separate and distinct from the General Fund. Interest earned by the Oregon Conserva-
tion Corps Fund shall be credited to the fund.
(2) The fund may receive contributions from individuals and private organizations.
(3) Moneys in the fund are continuously appropriated to the Higher Education Coordi-
nating Commission to be used as directed by the Oregon Conservation Corps Advisory Com-
mittee and for related administrative expenses of the commission.
Enrolled Senate Bill 762 (SB 762-C) Page 13
(4) The commission shall keep records of all moneys credited to and deposited in the fund
and the activity or program against which each withdrawal from the fund is charged.
SMALL FORESTLAND GRANT PROGRAM
SECTION 24. (1) As used in this section, "small forestland owner" means an individual,
group, federally recognized Indian tribe in Oregon or association that owns:
(a) Up to 160 acres of nonindustrial private forestland west of the crest of the Cascade
Mountains; or
(b) Up to 640 acres of nonindustrial private forestland east of the crest of the Cascade
Mountains.
(2) The State Forestry Department shall establish a small forestland grant program for
the purpose of providing grants, on a competitive basis, to support small forestland owners
in reducing wildfire risk through the restoration of landscape resiliency and the reduction
of hazardous fuels on the owners' property.
(3) In consultation with partners and stakeholders, the department shall set criteria for
assessing grant applications and awarding grants. The criteria may include, but need not be
limited to:
(a) Prioritization of projects on forestland in extreme or high wildfire risk classes de-
scribed in section 7 of this 2021 Act.
(b) Owner commitment to maintaining fuel reduction treatments.
(c) Owner possession of a forest management plan.
(d) Project proximity to current or past fuel mitigation efforts, supported by any owner
or funding source, that would contribute to cross-boundary, landscape-scale forest resiliency.
(e) Whether the project addresses additional resource concerns, such as insect and dis-
ease management.
(f) Whether critical facilities and infrastructure may receive enhanced protection due to
project outcomes.
PRESCRIBED FIRE
SECTION 25. The State Forestry Department shall adopt rules to clarify that a person
may:
(1) Conduct a prescribed fire that burns across land ownership boundaries if the person
obtains a permit for the fire as described in ORS 477.515 or 477.625 and complies with the
conditions of the permit.
(2) Obtain a single permit under ORS 477.515 or 477.625 for a prescribed fire that burns
across land ownership boundaries if the person demonstrates to the department that the
person has obtained consent to conduct the fire from all persons on whose lands the fire is
planned to burn.
SECTION 25a. The State Forestry Department shall initiate the rulemaking described in
section 25 of this 2021 Act on or before November 30, 2021, and finalize the rulemaking on
or before November 30, 2022.
SECTION 26. ORS 526.360 is amended to read:
526.360. (1) The State Board of Forestry, [and the forester] the State Forester and forest
protective associations may assist to the extent [possible] practical in developing, for forestry,
grazing or agricultural uses, all forestland classified pursuant to ORS 526.328 or 526.340 for such
uses, including the burning of brush or other flammable material for the purpose of:
(a) Removing a fire hazard to any property;
(b) Preparing seed beds;
(c) Removing obstructions to or interference with the proper seeding or agricultural or grazing
development or use of that land;
Enrolled Senate Bill 762 (SB 762-C) Page 14
(d) Promoting the establishment of new forest crops on cutover, denuded or underproductive
lands;
(e) Implementing pest prevention and suppression activities, as provided in ORS 527.310 to
527.370; or
(f) Promoting improvements to forest health, including improvements to fish and wildlife habitat.
(2) Upon request of the owner or the agent of the owner of any forestland classified pursuant
to ORS 526.328 or 526.340, the forester or a forest protective association may perform or super-
vise burning operations thereon for any of the purposes stated in subsection (1) of this section. The
owner or the agent of the owner shall supply such personnel and equipment and shall perform such
fire control actions and activities as the forester or forest protective association may require
while there is danger of the fire spreading. The forester or forest protective association may re-
fuse to perform or supervise burning or to issue any burning permit when, in the judgment of the
forester or forest protective association, conditions so warrant.
(3) To accomplish the purposes set forth in subsection (1) of this section, the [State Board of
Forestry may] board shall establish by rule a Certified Burn Manager program.
(4) The rules shall include:
(a) Certification standards, requirements and procedures;
(b) Standards, requirements and procedures to revoke certification;
(c) Actions and activities that a Certified Burn Manager must perform;
(d) Actions and activities that a Certified Burn Manager may not allow or perform;
(e) Limitations on the use of a Certified Burn Manager; and
(f) Any other standard, requirement or procedure that the board considers necessary for the safe
and effective administration of the program.
(5) The rules may establish and impose fees for participation in the program.
[(4)] (6) When [any] a burning for any of the purposes stated in subsection (1) of this section on
forestland classified pursuant to ORS 526.328 or 526.340 is started under the supervision of and
supervised by the forester, a forest protective association or a Certified Burn Manager, [no] a
person [shall] may not be held liable for property damage resulting from that burning unless the
damage is caused by the negligence of the person.
SECTION 27. By December 1, 2021, the State Board of Forestry shall:
(1) Consult with the Oregon Prescribed Fire Council concerning best practices for con-
ducting the Certified Burn Manager program described in ORS 526.360;
(2) Initiate rulemaking to establish the program; and
(3) Report in the manner provided in ORS 192.245 to an appropriate committee or interim
committee of the Legislative Assembly on progress the board has made in establishing and
implementing the program and when the board expects to launch the program.
FEDERAL PARTNERSHIPS
SECTION 27a. The State Forestry Department shall cooperate with federal agencies to
increase the effectiveness of activities undertaken pursuant to ORS 526.271, 526.274 and
526.275.
PROTECTED AREAS
SECTION 28. (1) The State Forester, in collaboration with the State Fire Marshal, state
agencies and local governments as defined in ORS 174.116, shall adopt rules establishing
baseline levels of wildfire protection for lands that are outside of forest protection districts
and susceptible to wildfire. When establishing the baseline levels for lands, the State
Forester shall ensure that the levels are adapted to reflect regional conditions. A county, in
collaboration with the State Forester and the State Fire Marshal, may work to ensure that
all lands within the county that are outside of forest protection districts and susceptible to
Enrolled Senate Bill 762 (SB 762-C) Page 15
wildfire are provided with wildfire protection services at the applicable baseline level or a
higher level. As used in this subsection, "forest protection districts" means lands designated
in State Forester rules as provided under ORS 477.225.
(2) A county, in collaboration with the State Forester and the State Fire Marshal, may
assist:
(a) Landowners, individuals and businesses with forming jurisdictions to provide wildfire
protection;
(b) Landowners, individuals, businesses and jurisdictions with obtaining expansion of or
other changes to boundaries or facility locations of jurisdictions that provide wildfire pro-
tection;
(c) Jurisdictions to expand or adjust jurisdiction service boundaries to ensure adequate
wildfire protection for lands; and
(d) Jurisdictions in developing wildfire protection facilities, equipment, training and other
resources adequate to ensure that the jurisdiction provides timely and effective wildfire
protection at the baseline level or higher on lands described in subsection (1) of this section
throughout the jurisdiction.
(3) The State Forester may provide financial assistance to counties for carrying out
county duties under subsection (2) of this section from any funds made available to the State
Forester and designated for that purpose.
SECTION 29. A county shall ensure no later than January 1, 2026, that all lands described
in section 28 (1) of this 2021 Act within the county have baseline level or higher wildfire
protection as described in section 28 of this 2021 Act.
WILDFIRE RESPONSE CAPACITY
SECTION 30. (1) The State Forestry Department shall establish and maintain an ex-
panded system of automated smoke detection cameras that includes staffing in detection
centers to monitor and alert fire suppression staff when fires are detected.
(2) The system must serve the purposes of quickly detecting, locating and extinguishing
fires and keeping fires as small as possible.
SECTION 30a. The State Forestry Department:
(1) Shall consult and coordinate with federal agencies, private stakeholders and other
state agencies to determine the adequacy of state, federal and private wildfire response ca-
pacity. The department shall act to facilitate wildfire prevention and wildfire response
communication and coordination between federal, state, local and private entities.
(2) Shall increase the department's wildfire readiness and response capacity, including
increases to fire suppression response personnel, aviation assets and necessary administra-
tive support personnel, to the extent the department receives funding for the increase.
(3) Shall, to the extent practicable, seek to leverage state moneys to obtain an increase
in federal wildfire resources available to Oregon for effective initial response purposes.
(4) Shall consult with the office of the State Fire Marshal and with local fire defense
board chiefs to assess the adequacy of available mutual aid to provide wildfire response on
wildland-urban interface lands and to identify means for providing additional resources from
the state or other entities to enhance wildfire response capacity on wildland-urban interface
lands.
(5) Shall continually identify workforce development needs associated with wildfire risk
mitigation and wildfire response and develop funding proposals for meeting those needs on
a sustained basis. The identified workforce development needs must align with wildfire risk
to provide an adequate level of wildfire protection, as described in ORS 477.062.
(6) May enter into cooperative agreements or contracts with a local or private entity for
the purpose of assisting the entity to organize for purposes of wildfire risk mitigation or
wildfire response, including, but not limited to, facilitating wildfire training and the acquisi-
Enrolled Senate Bill 762 (SB 762-C) Page 16
tion of firefighting equipment for the entity and assisting with payment for liability insur-
ance and other administrative expenses of the entity associated with wildfire risk mitigation
or wildfire response.
SECTION 30b. (1) The office of the State Fire Marshal shall increase the office's wildfire
readiness and response capacity to the extent the office receives funding for the increase,
by means including:
(a) Increasing fire prevention and response personnel and fire administrative support
personnel to address planning, communications, training, deployment and safety.
(b) Implementing innovative technologies and modernizing systems to expedite fire re-
source deployment in an efficient and safe manner.
(2) The State Fire Marshal may:
(a) Designate funding intended for the Oregon fire mutual aid system to support prepo-
sitioning of resources and costs.
(b) Enter into contracts with federal or state agencies, other states, political subdivi-
sions, corporations and authorities having fire suppression jurisdiction for fire prevention,
suppression, coordination and response.
WILDLAND-URBAN INTERFACE FIRE PROTECTION
SECTION 31. ORS 477.015 is amended to read:
477.015. [(1)] As used in this section and ORS [477.015 to 477.061] 477.025 and 477.027, [unless
the context otherwise requires,] "[forestland-urban] wildland-urban interface" [means] has the
meaning given that term in rule by the State Board of Forestry. [a geographic area of forestland
inside a forest protection district where there exists a concentration of structures in an urban or sub-
urban setting.]
[(2) As used in ORS 477.015 to 477.057, unless the context requires otherwise:]
[(a) "Committee" means a county forestland-urban interface classification committee.]
[(b) "Governing body"means the board of county commissioners or county court of a county, as the
case may be.]
SECTION 32. ORS 477.025 is amended to read:
477.025. The Legislative Assembly recognizes that the [forestland] wildland-urban interface in
Oregon varies by condition, situation, fire hazard and risk, that different [forestland] wildland-urban
interface fire protection problems exist across the state because of this variability, and that these
different problems necessitate varied fire prevention and protection practices. [and that, in order to
give recognition to such differences and their effect on the accomplishment of the public policy stated
in ORS 477.023, certain classifications of the forestland-urban interface within the State of Oregon are
established by ORS 477.027 to 477.057.]
SECTION 33. ORS 477.027 is amended to read:
477.027. (1) By [administrative] rule, considering national best practices, the State Board of
Forestry shall establish:
(a) A definition of"wildland-urban interface."
(b) Criteria by which the [forestland-urban] wildland-urban interface [shall] must be identified
and classified.
(2) The criteria [shall]:
(a) Must recognize differences across the state in fire hazard, fire risk and structural charac-
teristics within the [forestland-urban] wildland-urban interface.
(b) May not exclude a category of land from inclusion in the wildland-urban interface.
(3) Based on the criteria [shall include not less than three nor more than], the board shall es-
tablish five classes of [forestland-urban] wildland-urban interface.
(4) The classes must be integrated into the comprehensive statewide map described in
section 7 of this 2021 Act.
Enrolled Senate Bill 762 (SB 762-C) Page 17
SECTION 33a. The State Board of Forestry shall adopt by rule the definition described
in ORS 477.027 (1)(a), as amended by section 33 of this 2021 Act, not later than 100 days after
the effective date of this 2021 Act.
SECTION 34. ORS 477.017, 477.018, 477.023, 477.029, 477.031, 477.052, 477.054, 477.057,
477.059, 477.060 and 477.061 are repealed.
STATE WILDFIRE PROGRAMS DIRECTOR
SECTION 35. (1) The Governor shall appoint a State Wildfire Programs Director to serve
at the pleasure of the Governor.
(2) The duties of the director shall include:
(a) Overseeing implementation of requirements and authorization provided by this 2021
Act.
(b) Coordinating and integrating activities of state agencies and other entities that are
required or authorized by this 2021 Act in order to optimize the efficiency and effectiveness
of the activities.
(c) Ensuring compliance with deadlines set out in this 2021 Act.
(d) Monitoring and assessing any financial impacts of the activities on local jurisdictions
and the equity of those financial impacts among the jurisdictions.
(e) Supervising staffing of the Wildfire Programs Advisory Council.
(f) Reporting at least every 60 days to the Governor, the President of the Senate, the
Speaker of the House of Representatives and the chairs of relevant committees and interim
committees of the Legislative Assembly to summarize progress on implementing the activ-
ities, note obstacles and opportunities and catalog possibilities for future improvements to
further reduce wildfire risk in this state.
(g) Exploring additional opportunities to reduce wildfire risk, including but not limited
to engaging with:
(A) Insurance companies regarding insurance policy coverage provisions, underwriting
standards, insurance rates and any other topics relevant to enhancing the protection of
property from wildfire at a reasonable cost.
(B) Electric utilities regarding further actions to protect public safety, reduce risk to
electric company customers and promote electrical system resilience to wildfire damage.
(C) Congressional delegations and federal agencies to expand opportunities for cost-share
partnerships for wildfire mitigation and develop strategies for improvements to federal fire
management policies.
(h) Collaborating with the State Resilience Officer and participating in any relevant
emergency preparedness advisory councils.
WILDFIRE PROGRAMS ADVISORY COUNCIL
SECTION 36. (1) As used in this section, "defensible space" has the meaning given that
term in section 8 of this 2021 Act.
(2) There is established a Wildfire Programs Advisory Council to advise and assist the
State Wildfire Programs Director by:
(a) Closely monitoring implementation of activities related to wildfire prevention and re-
sponse, including receiving and evaluating agency reports related to wildfire prevention and
response.
(b) Providing advice on potential changes to the activities in order to fulfill the goal of
dramatically reducing wildfire risk in this state and ensuring that regional defensible space,
building codes and land use applications are appropriate.
(c) Strengthening intergovernmental and multiparty collaboration and enhancing collab-
oration between governments and stakeholders on an ongoing basis.
Enrolled Senate Bill 762 (SB 762-C) Page 18
(d) Developing strategies to enhance collaboration among governmental bodies and the
general public.
(e) Assessing ways the statewide map of wildfire risk described in section 7 of this 2021
Act may inform development of building codes and land use laws, rules and decisions, in a
regionally appropriate manner.
(f) Assessing the application of defensible space requirements to vineyards, crops and
other cultivated vegetation.
(g) Reviewing Department of Land Conservation and Development findings and recom-
mendations in the report required by section 11 of this 2021 Act and making additional re-
commendations related to potential updates to the statewide land use planning program,
local comprehensive plans and zoning codes to incorporate wildfire risk maps and minimize
wildfire risk to people, public and private property, businesses, infrastructure and natural
resources.
(3) The council is not a decision-making body but instead is established to provide advice,
assistance, perspective, ideas and recommendations to the State Wildfire Programs Director.
(4) The President of the Senate and Speaker of the House of Representatives shall jointly
appoint 19 members to the council as follows:
(a) One member who represents county government.
(b) One member who is a land use planning director of a county that is wholly or partially
within the wildland-urban interface.
(c) One member who represents city government.
(d) One member who is a land use planning director of a city that is wholly or partially
within the wildland-urban interface.
(e) One member who represents fire chiefs and has experience with managing, fighting
or preventing fire within the wildland-urban interface.
(f) One member who represents fire marshals and has experience with managing, fighting
or preventing fire within the wildland-urban interface.
(g) One member who represents firefighters and has experience with managing, fighting
or preventing fire within the wildland-urban interface.
(h) One member who represents rural residential property owners whose property is
wholly or partially within the wildland-urban interface.
(i) One member who represents farming property owners whose property is wholly or
partially within the wildland-urban interface.
(j) One member who represents ranching property owners whose property is wholly or
partially within the wildland-urban interface.
(k) One member who represents forestland owners whose property is wholly or partially
within the wildland-urban interface.
(L) One member who represents federally recognized Indian tribes with land wholly or
partially within the wildland-urban interface.
(m) One member who represents a utility company.
(n) One member who represents environmental interests.
(o) One member who represents forest resiliency interests.
(p) One member who represents state or regional land use planning organizations.
(q) One member who represents land and housing development interests or real estate
industry interests.
(r) One member who represents public health professionals.
(s) One member who represents the environmental justice community.
(5) The presiding officers shall provide public notice of an opportunity for interested
parties to submit names of interest for appointment to the council.
(6) At least 30 days before appointing a member, the presiding officers shall consult in
good faith with the minority leaders of the Senate and House of Representatives on the ap-
pointment.
Enrolled Senate Bill 762 (SB 762-C) Page 19
(7) The term of service for each member is four years.
(8) The members are eligible for reappointment.
(9) The council shall elect a chairperson and vice chairperson to serve for one-year
terms.
(10) The members shall serve on the council as volunteers and are not entitled to re-
imbursement for expenses.
(11) The Department of Consumer and Business Services, Department of Land Conser-
vation and Development, office of the State Fire Marshal and State Forestry Department
shall each provide 15 percent of the time of a full-time equivalent employee to:
(a) Cooperatively staff the council.
(b) Attend council meetings as informational resources.
(c) Assist with drafting reports at the request of the council.
(d) Support the work of the State Wildfire Programs Director.
(12) The Oregon State University Extension Service shall designate a person to serve as
staff for the council.
(13) Each October the council shall submit a report to the Governor and appropriate
committees or interim committees of the Legislative Assembly that describes progress on
implementing program activities related to defensible space, building codes, land use and
community emergency preparedness and that recommends improvements.
SECTION 37. (1) On or before September 1, 2021, members of the Wildfire Programs
Advisory Council must be appointed as described in section 36 (4) of this 2021 Act.
(2) On or before November 1, 2021, the council must begin meeting regularly.
SECTION 38. Notwithstanding section 36 (7) of this 2021 Act, the term of service for the
members first appointed from each category described in section 36 (4)(a), (c), (e), (g), (i), (k),
(m), (o), (q) and (s) of this 2021 Act is three years.
SECTION 39. The Wildfire Programs Advisory Council must make the first report de-
scribed in section 36 (13) of this 2021 Act in October 2022.
CONFORMING AMENDMENTS
SECTION 40. For purposes of the sellers' property disclosure statements described in
ORS 105.464, "forestland-urban interface" has the same meaning as "wildland-urban inter-
face," as defined in ORS 477.015.
SECTION 41. ORS 197.716 is amended to read:
197.716. (1) As used in this section:
(a) "Economic opportunity analysis" means an analysis performed by a county that:
(A) Identifies the major categories of industrial uses or other employment uses that could rea-
sonably be expected to expand or locate in the county based on a review of trends on a national,
state, regional or county level;
(B) Identifies the number of sites by type reasonably expected to be needed to accommodate the
expected employment growth based on the site characteristics typical of expected uses;
(C) Estimates the types and amounts of industrial uses and other employment uses likely to oc-
cur in the county based on subparagraphs (A) and (B) of this paragraph and considering the county's
economic advantages and disadvantages, including:
(i) Location, size and buying power of markets;
(ii) Availability of transportation facilities for access and freight mobility;
(iii) Public facilities and public services;
(iv) Labor market factors;
(v) Access to suppliers and utilities;
(vi) Necessary support services;
(vii) Limits on development due to federal and state environmental protection laws; and
(viii) Educational and technical training programs;
Enrolled Senate Bill 762 (SB 762-C) Page 20
(D) Assesses community economic development potential through a public process in conjunction
with state agencies and consistent with any categories or particular types of industrial uses and
other employment uses desired by the community as identified in an existing comprehensive plan;
(E) Examines existing firms in the county to identify the types of sites that may require expan-
sion;
(F) Includes an inventory of vacant and developed lands within the county designated for in-
dustrial use or other employment use, including:
(i) The description, including site characteristics, of vacant or developed sites within each plan
or zoning district; and
(ii) A description of any development constraints or infrastructure needs that affect the
buildable area of sites in the inventory; and
(G) Identifies additional potential sites for designation and rezoning that could reasonably ac-
commodate expected industrial uses and other employment uses that cannot be met by existing in-
ventories.
(b) "Industrial use" means industrial employment activities, including manufacturing, assembly,
fabrication, processing, storage, logistics, warehousing, importation, distribution and transshipment
and research and development.
(c) "Listed county" means Baker, Gilliam, Grant, Harney, Lake, Malheur, Sherman, Union,
Wallowa or Wheeler County.
(d) "Other employment use" means all nonindustrial employment activities, including small scale
commercial use, wholesale, service, nonprofit, business headquarters, administrative, governmental
or employment activities that serve the medical, educational, social service, recreational or security
industries and that occupy retail, office or flexible building types of any size or multibuilding cam-
puses.
(e) "Reasonably be expected to expand or locate in the county" means that the county possesses
the appropriate locational factors for the use or category of use.
(f)(A) "Small scale commercial use" means the low-impact use of land primarily for the retail
sale of products or services, including offices.
(B) "Small scale commercial use" does not include use of land for factories, warehouses, freight
terminals or wholesale distribution centers.
(2) A listed county that has adopted an economic opportunity analysis as part of its compre-
hensive plan may amend its comprehensive plan, land use regulations and zoning map to designate
not more than 10 sites outside an urban growth boundary that cumulatively total not more than 50
acres of land if the sites were identified in any economic opportunity analysis as additional potential
sites for industrial uses or other employment uses in order to allow for industrial uses and other
employment uses without requiring an exception under ORS 197.732 to any statewide land use
planning goals related to:
(a) Agriculture;
(b) Forest use; or
(c) Urbanization.
(3) A county may not designate a site under subsection (2) of this section:
(a) On any lands designated as high-value farmland as defined in ORS 195.300;
(b) Unless the county complies with ORS 197.714; and
(c) If any portion of the proposed site is for lands designated for forest use, unless the county:
(A) Notifies the State Forester in writing not less than 21 days before designating the site; and
(B) Cooperates with the State Forester in:
(i) Updating and classifying [forestland] wildland-urban interface lands in and around the site;
(ii) Taking necessary steps to implement or update the [forestland] wildland-urban interface fire
protection system in and around the site as described in ORS [477.015 to 477.061] 477.027; and
(iii) Implementing other fire protection measures authorized by the State Forester.
Enrolled Senate Bill 762 (SB 762-C) Page 21
(4) A county may not amend its comprehensive plan, land use regulations or zoning map under
this section to allow a use that would conflict with an administrative rule adopted for the purpose
of implementing the Oregon Sage-Grouse Action Plan and Executive Order 15-18.
SECTION 42. ORS 205.130 is amended to read:
205.130. The county clerk shall:
(1) Have the custody of, and safely keep and preserve, all files and records of deeds and mort-
gages of real property and a record of all maps, plats, contracts, powers of attorney and other in-
terests affecting the title to real property required or permitted by law to be recorded.
(2) Record, or cause to be recorded, in a legible and permanent manner, and keep in the office
of the county clerk, all:
(a) Deeds and mortgages of real property, powers of attorney and contracts affecting the title
to real property, authorized by law to be recorded, assignments thereof and of any interest therein
when properly acknowledged or proved and other interests affecting the title to real property re-
quired or permitted by law to be recorded;
(b) Certificates of sale of real property under execution or order of court, or assignments of
previously recorded certificates or of any interest in real property, when properly acknowledged or
proved;
(c) Certified copies of death records of any person appearing in the county records as owning
or having a claim or interest in land in the county. A certified copy of a death record recorded in
the deed records of a county under this subsection is a public record and is not subject to the dis-
closure limitations under ORS 432.350;
(d) Instruments presented for recording by the United States or the State of Oregon, or a poli-
tical subdivision of either, that affect title to or an interest in real property or that lawfully concern
real property; and
(e) Instruments recognized under state law or rule or federal law or regulation as affecting title
to or an interest in real property if the instrument is properly acknowledged or proved[; and].
[(fi Orders from a county forestland-urban interface classification committee filed under ORS
477.052.]
(3) Keep and maintain:
(a) Deed and mortgage records;
(b) Statutory lien records;
(c) A record called the County Clerk Lien Record in which the following shall be recorded:
(A) The warrants and orders of officers and agencies that are required or permitted by law to
be recorded; and
(B) All instruments presented for recordation when required or permitted by law to be recorded
that affect the title to or an interest in real property, other than instruments recorded in the deed
and mortgage records or the statutory lien records;
(d) Releases, satisfactions, assignments, amendments and modifications of recorded instruments;
and
(e) Other instruments required or permitted by law to be recorded not affecting interests in real
property.
(4) Perform all the duties in regard to the recording and indexing of deeds and mortgages of real
property, contracts, abstracts of judgments, notices of pendency, powers of attorney and other in-
terests when required or permitted by law to be recorded that affect the title of real property, and
in regard to the entry of satisfaction and discharge of the same, together with other documents re-
quired or permitted by law to be recorded.
(5) Incur no civil or criminal liability, either personally or in an official capacity, for recording
an instrument that does not comply with the provisions of law that require or allow the recording
of the instrument.
SECTION 43. ORS 477.281 is amended to read:
477.281. (1) The obligation of an owner of timberland or grazing land for payment of assessments
and taxes for fire protection of forestland is limited to:
Enrolled Senate Bill 762 (SB 762-C) Page 22
(a) The payment of moneys pursuant to ORS 321.015 (2), 477.277, 477.295, 477.760 (4) and 477.880
to maintain the Oregon Forest Land Protection Fund; and
(b) The payment of forest protection district assessments pursuant to ORS [477.060 and] 477.205
to 477.281.
(2) As used in this section, "obligation of an owner of timberland or grazing land for payment
of assessments and taxes for fire protection of forestland" does not include the duties or obligations
of the owner under ORS 477.066, 477.068 or 477.120 or the obligations of an owner of land included
in a rural fire protection district pursuant to ORS 478.010.
APPROPRIATIONS
(State Forestry Department)
SECTION 44. Notwithstanding any other provision of law, the General Fund appropriation
made to the State Forestry Department by section 1 (2), chapter _, Oregon Laws 2021
(Enrolled Senate Bill 5518), for the biennium beginning July 1, 2021, for fire protection, is
increased by $10,611,235, for carrying out the provisions of section 30a of this 2021 Act.
SECTION 45. Notwithstanding any other law limiting expenditures, the limitation on ex-
penditures established by section 2 (2), chapter _, Oregon Laws 2021 (Enrolled Senate Bill
5518), for the biennium beginning July 1, 2021, as the maximum limit for payment of expenses
from fees, moneys or other revenues, including Miscellaneous Receipts and federal funds
from the United States Forest Service for fire protection and for research projects, but ex-
cluding lottery funds and federal funds not described in section 2, chapter _, Oregon Laws
2021 (Enrolled Senate Bill 5518), collected or received by the State Forestry Department, for
fire protection, is increased by $11,514,649, for carrying out the provisions of section 30a of
this 2021 Act.
SECTION 46. Notwithstanding any other provision of law, the General Fund appropriation
made to the State Forestry Department by section 1 (3), chapter _, Oregon Laws 2021
(Enrolled Senate Bill 5518), for the biennium beginning July 1, 2021, for federal forest resto-
ration, is increased by $27,990,713, for carrying out the provisions of sections 7, 18, 20, 24 and
30a of this 2021 Act.
SECTION 47. Notwithstanding any other law limiting expenditures, the limitation on ex-
penditures established by section 2 (1), chapter _, Oregon Laws 2021 (Enrolled Senate Bill
5518), for the biennium beginning July 1, 2021, as the maximum limit for payment of expenses
from fees, moneys or other revenues, including Miscellaneous Receipts and federal funds
from the United States Forest Service for fire protection and for research projects, but ex-
cluding lottery funds and federal funds not described in section 2, chapter _, Oregon Laws
2021 (Enrolled Senate Bill 5518), collected or received by the State Forestry Department, for
agency administration, is increased by $1,467,358, for carrying out the provisions of sections
7, 18, 20 and 30a of this 2021 Act.
SECTION 48. In addition to and not in lieu of any other appropriation, there is appro-
priated to the State Forestry Department, for the biennium beginning July 1, 2021, out of the
General Fund, the amount of $15,000,000, for the purpose of offsetting potential increases in
landowner forest patrol assessments under ORS 477.270 due to the implementation of the
provisions of section 30a of this 2021 Act.
SECTION 49. Notwithstanding any other provision of law, the General Fund appropriation
made to the State Forestry Department by section 1 (6), chapter _, Oregon Laws 2021
(Enrolled Senate Bill 5518), for the biennium beginning July 1, 2021, for the equipment pool,
is increased by $474,884, for carrying out the provisions of section 30a of this 2021 Act.
(Public Utility Commission)
Enrolled Senate Bill 762 (SB 762-C) Page 23
SECTION 50. Notwithstanding any other law limiting expenditures, the amount of
$324,286 is established for the biennium beginning July 1, 2021, as the maximum limit for
payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts,
but excluding lottery funds and federal funds, collected or received by the Public Utility
Commission, for carrying out the provisions of sections 2 and 3 of this 2021 Act.
(Department of State Police,
Office of the State Fire Marshal)
SECTION 51. Notwithstanding any other provision of law, the General Fund appropriation
made to the Department of State Police by section 1 (1), chapter _, Oregon Laws 2021
(Enrolled House Bill 5028), for the biennium beginning July 1, 2021, for patrol services,
criminal investigations, gaming enforcement and the office of the State Fire Marshal, is in-
creased by $13,506,889, for carrying out the provisions of sections 8a, 10 and 30b (1) of this
2021 Act.
SECTION 52. Notwithstanding any other provision of law, the General Fund appropriation
made to the Department of State Police by section 1 (1), chapter _, Oregon Laws 2021
(Enrolled House Bill 5028), for the biennium beginning July 1, 2021, for patrol services,
criminal investigations, gaming enforcement and the office of the State Fire Marshal, is in-
creased by $7,000,000, for carrying out the provisions of section 8a (5) of this 2021 Act.
SECTION 53. In addition to and not in lieu of any other appropriation, there is appro-
priated to the Department of State Police, office of the State Fire Marshal, for the biennium
beginning July 1, 2021, out of the General Fund, the amount of$25,000,000, for deposit in the
Community Risk Reduction Fund established by section 9 of this 2021 Act.
SECTION 54. Notwithstanding any other law limiting expenditures, the amount of
$25,000,000 is established for the biennium beginning July 1, 2021, as the maximum limit for
payment of expenses by the Department of State Police, office of the State Fire Marshal,
from the Community Risk Reduction Fund established by section 9 of this 2021 Act for the
purpose of carrying out the provisions of section 8a (6) of this 2021 Act.
SECTION 55. Notwithstanding any other provision of law, the General Fund appropriation
made to the Department of State Police by section 1 (1), chapter _, Oregon Laws 2021
(Enrolled House Bill 5028), for the biennium beginning July 1, 2021, for patrol services,
criminal investigations, gaming enforcement and the office of the State Fire Marshal, is in-
creased by $55,000,000, for carrying out the provisions of section 30b of this 2021 Act that are
related to the Oregon fire mutual aid system.
(Department of Environmental Quality)
SECTION 56. Notwithstanding any other provision of law, the General Fund appropriation
made to the Department of Environmental Quality by section 1 (1), chapter_, Oregon Laws
2021 (Enrolled Senate Bill 5516), for the biennium beginning July 1, 2021, for air quality, is
increased by $3,322,828, for carrying out the provisions of sections 13, 13a and 13b of this 2021
Act.
(Department of Human Services)
SECTION 57. Notwithstanding any other provision of law, the General Fund appropriation
made to the Department of Human Services by section 1 (1), chapter _, Oregon Laws 2021
(Enrolled Senate Bill 5529), for the biennium beginning July 1, 2021, for central services, is
increased by $5,187,411, for carrying out the provisions of sections 14, 14a and 14b of this 2021
Act.
Enrolled Senate Bill 762 (SB 762-C) Page 24
(Oregon Health Authority)
SECTION 58. Notwithstanding any other provision of law, the General Fund appropriation
made to the Oregon Health Authority by section 1 (1), chapter _, Oregon Laws 2021 (En-
rolled House Bill 5024), for the biennium beginning July 1, 2021, for health systems, health
policy and analytics and public health, is increased by $4,768,812, for carrying out the pro-
visions of sections 14, 14a, 14b, 15 and 15a of this 2021 Act.
(Oregon Military Department)
SECTION 59. Notwithstanding any other provision of law, the General Fund appropriation
made to the Oregon Military Department by section 1 (3), chapter _, Oregon Laws 2021
(Enrolled Senate Bill 5535), for the biennium beginning July 1, 2021, for emergency manage-
ment, is increased by $700,003, for carrying out the provisions of section 17 of this 2021 Act.
(Higher Education Coordinating Commission,
Oregon State University)
SECTION 60. Notwithstanding any other provision of law, the General Fund appropriation
made to the Higher Education Coordinating Commission by section 1 (11), chapter _,
Oregon Laws 2021 (Enrolled Senate Bill 5528), for the biennium beginning July 1, 2021, for
distribution to public university statewide programs, is increased by $1,138,040, for distrib-
ution to Oregon State University for carrying out the provisions of sections 7, 12c and 18 of
this 2021 Act.
SECTION 61. Notwithstanding any other provision of law, the General Fund appropriation
made to the Higher Education Coordinating Commission by section 1 (1), chapter_, Oregon
Laws 2021 (Enrolled Senate Bill 5528), for the biennium beginning July 1, 2021, for Higher
Education Coordinating Commission programs, is increased by $643,668, for carrying out the
provisions of section 22 of this 2021 Act.
SECTION 62. In addition to and not in lieu of any other appropriation, there is appro-
priated to the Higher Education Coordinating Commission, for the biennium beginning July
1, 2021, out of the General Fund, the amount of $10,000,000, for deposit in the Oregon Con-
servation Corps Fund established by section 23 of this 2021 Act.
SECTION 63. In addition to and not in lieu of any other appropriation, there is appro-
priated to the Higher Education Coordinating Commission, for the biennium beginning July
1, 2021, out of the General Fund, the amount of$1,000,000, to match private donations that
are donated for the purposes of funding grant-supported projects related to the Oregon
Conservation Corps Program established by section 21 of this 2021 Act.
(Office of the Governor)
SECTION 64. Notwithstanding any other provision of law, the General Fund appropriation
made to the Office of the Governor by section 1, chapter _, Oregon Laws 2021 (Enrolled
Senate Bill 5520), for the biennium beginning July 1, 2021, is increased by $497,541, for car-
rying out the provisions of section 35 of this 2021 Act.
CAPTIONS
SECTION 65. The unit captions used in this 2021 Act are provided only for the conven-
ience of the reader and do not become part of the statutory law of this state or express any
legislative intent in the enactment of this 2021 Act.
Enrolled Senate Bill 762 (SB 762-C) Page 25
EMERGENCY CLAUSE
SECTION 66. This 2021 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2021 Act takes effect
on its passage.
Passed by Senate June 25, 2021 Received by Governor:
M., , 2021
Lori L. Brocker, Secretary of Senate Approved:
M., , 2021
Peter Courtney, President of Senate
Kate Brown, Governor
Passed by House June 26,2021
Filed in Office of Secretary of State:
M., , 2021
Tina Kotek, Speaker of House
Shemia Fagan, Secretary of State
Enrolled Senate Bill 762 (SB 762-C) Page 26
In 1991, the Oakland Hills neighborhood area of Oaklend, CA, suffered a devastating fire that burned
3,450 homes, and left 25 confirmed dead people. It is important to consider that many areas in Lake
Oswego are more wooded then that area was before their fire.
I pulled the following images from the web site MarketWatch.com, in their online article titled, "Lessons
learned — and ignored — from a fire that destroyed 3,450 homes", and they credit them as: COURTESY
CALIFORNIA OFFICE OF EMERGENCY SERVICES
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HOW TO .--
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FOR WILDFIRES
• VEGETATION MANAGEMENT • BE PREPARED
1.HOME IGNITION ZONES 6. EMERGENCY RESPONDER ACCESS
To increase your home's chance of surviving a wildfire, Ensure your home and neighborhood have legible and
choose fire-resistant building materials and limit the amount clearly marked street names and numbers. Driveways
of flammable vegetation in the three home ignition zones. should be at least 12 feet wide with a vertical clearance of
The zones include the Immediate Zone: (0 to 5 feet around 15 feet for emergency vehicle access.
the house),the Intermediate Zone(5 to 30 feet),and the • Develop, discuss,and practice an emergency action plan
Extended Zone (30 to 100 feet). with everyone in your home. Include details for handling
2. LANDSCAPING AND MAINTENANCE pets, large animals, and livestock.
To reduce ember ignitions and fire spread,trim branches • Know two ways out of your neighborhood and have a
that overhang the home, porch, and deck and prune predesignated meeting place.
branches of large trees up to 6 to 10 feet (depending on • Always evacuate if you feel it's unsafe to stay-don't
their height)from the ground. Remove plants containing wait to receive an emergency notification if you feel
resins, oils,and waxes. Use crushed stone or gravel instead threatened from the fire.
of flammable mulches in the Immediate Zone (0 to 5 feet • Conduct an annual insurance policy checkup to adjust
around the house). Keep your landscape in good condition. for local building costs, codes, and new renovations.
• Create or update a home inventory to help settle
• VIRE RESISTIVE CONSTRUCT claims faster.
3.ROOFING AND VENTS III' a *��
Class A fire-rated roofing products, such as composite ��_:-.1 4...) u
�\
shingles, metal, concrete, and clay tiles,offer the best • ,Y � 1T 4
protection. Inspect shingles or roof tiles and replace or \ \ 'r !
4
repair those that are loose or missing to prevent ember ei& �-�� ��s'�
penetration. Box in eaves, but provide ventilation to prevent -,,,)4�� A,, 5 r"`•..� `/
condensation and mildew. Roof and attic vents should be -^-.A �• '_- "°�r �b4 2 A',
screened to prevent ember entry. ,s �`•°�� f'
4. DECKS AND PORCHES — 4 ,a, "`°f�o S
Never store flammable materials underneath decks or ���/I. 6 Po^�
porches. Remove dead vegetation and debris from under =,, i�.� ,
decks and porches and between deck board joints. - % `0
�� ''p 11'•
5.SIDING AND WINDOWS ::,=M,„,,, „. iIlk
Embers can collect in small nooks and crannies and ignite
combustible materials; radiant heat from flames can crack TALK TO YOUR LOCAL FORESTRY AGENCY
windows. Use fire-resistant siding such as brick,fiber-
cement, plaster,or stucco, and use dual-pane tempered OR FIRE DEPARTMENT TO LEARN MORE
glass windows. ABOUT THE SPECIFIC WILDFIRE RISK
WHERE YOU LIVE.
Lid i FI R EWI S E USA® Firewise®is a program of the National Fire Protection Association.
NFPA RESIDENTS REDUCING WILDFIRE RISKS This publication was produced in cooperation with the USDA Forest Service,US Department
of the Interior,and the National Association of State Foresters.NFPA is an equal opportunity
provider.Firewise®and Firewise USA®are registered trademarks of the National Fire Protection
FIREWISE.ORG FOR MORE DETAILS Association,Quincy,MA02169.
Order a Reducing Wildfire Risks in the Home Ignition Zone checklist/poster at Firewise.org
[Jurisdiction Name] Defensible Space Code
About this model code:
This code, and the provisions contained herein, must be adopted by local governments as required under ORS
476.392.
Section 101
General
101.1 Background. In 2021, the Oregon Legislature enacted Senate Bill 762, establishing comprehensive
wildfire initiatives intended to enhance wildfire response and to promote fire-adapted communities by
establishing and educating about defensible space around homes. In 2023, Senate Bill 80 made
legislative changes.
101.2 Authority: In 2025, the Oregon Legislature amended provisions of Senate Bill 762 and 80 through
Senate Bill 83 to reflect local flexibility rather than statewide enforcement and directed the State Fire
Marshal, pursuant to ORS 476.392, to develop a model defensible space code. Adoption of the model
code by local governments is voluntary and must occur through each jurisdiction's applicable local or
municipal legislative process. Education, enforcement, conflict resolution, and appeals related to an
adopted defensible space code must be administered by the local jurisdiction.
101.3 Best Practices. Consistent with statute, this code incorporates Oregon-specific best practices for
defensible space, including the non-combustible zone around structures.
101.4 Scope. This code applies to buildings, structures, and other human development located within
areas designated by the local authority as wildland-urban interface.The local authority may amend this
code to address local conditions, where consistent with ORS 476.392.
Section 201
Definitions
201.1 Scope. Unless otherwise expressly stated, italicized words and terms shall, for the purposes of this
code, have the meanings shown in this section.
201.2 Terms not defined.Terms not defined here shall have the meanings ascribed in the Oregon Fire
Code, or the International Wildland Urban Interface Code, as applicable. All other terms shall have their
ordinarily accepted meanings, as the context implies, according to Merriam Webster's Collegiate
Dictionary, 11th edition.
202 Definitions.
CODE OFFICIAL.The local government entity, such as the planning department, or city, county, or rural
fire protection district, whose function includes regulating building use and occupancy or administering
fire safety laws, ordinances, and regulations, including the provisions of this code.
DEFENSIBLE SPACE. As defined in ORS 476.392, a natural or human-made area in which material capable
of supporting the spread of fire has been treated, cleared or modified to slow the rate and intensity of
advancing wildfire and allow space for fire suppression operations to occur.
FIRE-RESISTIVE VEGETATION. Plants contained in the "Fire-resistant Plants for Home Landscapes"
(publication PNW 590), or plants with the characteristics compiled in Appendix F of this code.
FIRE-RESISTIVE VEGETATION, NON. Plants that do not meet the definition for fire-resistive vegetation
that ignite readily, add to the intensity of a wildfire, and may increase its spread.
FUEL MODIFICATION. A method of modifying fuel load by reducing the amount of vegetation or altering
the vegetation type to reduce the fuel load.
LADDER FUEL. Branches, leaves, needles, and other combustible vegetation that may spread wildfire
from lower-growing to higher-growing vegetation.
OTHER HUMAN DEVELOPMENT. Buildings and structures classified as Risk Category IV in accordance
with the Oregon Structural Specialty Code,Table 1604.5.
User note: OSSC Table 1604.5 is not part of this code but paraphrased for the reader's convenience.
OSSC Table 1604.5 Risk Category IV includes buildings and structures designated as"essential facilities'
where the loss of function represents a substantial hazard to occupants or users. It includes hospitals,
correctional facilities,fire and police stations,emergency shelters, public utilities,toxic material
storage,aircraft control facilities, national defense structures,and water storage and fire suppression
facilities.
RESPONSIBLE PARTY. Persons owning, leasing, controlling, operating, or maintaining buildings or
structures requiring defensible spaces are responsible for modifying or removing vegetation on the
property owned, leased, or controlled by said person.
THIS CODE. The [jurisdiction name] Defensible Space Code, legally adopted through a local process, shall
be known hereafter as "this code".
WILDFIRE HAZARD. A numerical value or local determination considering relevant conditions, describing
the likelihood and intensity of a wildfire, based on specific factors or conditions of weather, climate,
topography, and vegetation.
WILDLAND. Forestland, as defined in ORS 477.001, or an unimproved area that contains enough
unmanaged vegetation, at any time of the year,to constitute a fire hazard, in the judgment of the
forester, regardless of how the area is zoned or taxed.
WILDLAND-URBAN INTERFACE. A geographic area, as defined in ORS 477.015, in which there is a
concentration of dwellings in an urban or suburban setting near wildland.
Section 301
Defensible Space Requirements
301.1 General Requirements. The responsible party shall establish and maintain a defensible space to
reduce wildfire fuel loads and create a buffer zone for potential fire suppression operations around all
buildings, decks, and other human development in areas defined by the code official as a wildfire hazard
in the wildland-urban interface in accordance with this section.
301.2 5-foot noncombustible defensible space. A noncombustible space not less than 5 feet in width
shall be provided around buildings, decks, and other human development. The space shall be maintained
to reduce the likelihood of fire spread and shall be free of combustible vegetation and accumulations of
combustible materials, such as evergreen needles, leaves, firewood, lumber, bark mulch, or other
combustible human-created fuels. Noncombustible materials (e.g.gravel, concrete, bare dirt) shall be
permitted.
User note:The non-combustible zone shall be measured from the external wall or the farthest point on a deck
or attachment.
301.3 Defensible space distances. Combustible fuels around buildings, decks, and other human
development shall be modified to create a defensible space perimeter based on wildfire hazard levels
determined by the local government. The levels are:
Wildland Urban Fuel Modification Distance
Interface Area (feet)a
Moderate Hazard 30
High Hazard 50
Extreme Hazard 100
a. Distances are allowed to be increased due to site-specific analysis based on local conditions and the
Maintenance Plan in Section 401.1. Required distances for fuel modification shall only extend to the
applicable property or lot line.
FIGURE 301.3
MEASUREMENTS OF FUEL MDDI FICA-1'10N DISTANCE
Unmodified
'I Fuel
Eawe
Modified
fuel ®
Deck Modified
1\V fuel
Unmodified
fuel
Tabular Tabular F
301.4 Fuel Modification. The following fuel modifications shall be established and maintained within
the perimeters established in Section 301.3.
301.4.1 Trees. Well maintained existing trees are encouraged within the defensible space,
provided that the horizontal distance between the crowns of adjacent trees and the crowns of
trees and structures, overhead electrical facilities, or unmodified fuel is not less than 10 feet
(3048 mm). Deadwood shall regularly be removed from trees.
301.4.1.1 Trees greater than 18 feet tall. Tree crowns extending to within 10 feet(3048
mm) of any structure shall be pruned to maintain a minimum horizontal and vertical
clearance of 10 feet (3048 mm).Tree crowns within the defensible space shall be pruned
to remove limbs located less than 6 feet (1829 mm) above the ground surface adjacent
to the trees.
301.4.1.2 Trees 18 feet tall or less. To preserve the health of established trees, no more
than 18 (5486 mm)feet tall, lower limbs shall be removed to a height of 1/3 of the tree's
total height.
Exception: Newly planted trees or immature trees.
301.4.1.3 Chimney clearance. Portions of tree crowns that extend to within 10 feet
(3048 mm) of a chimney outlet shall be pruned to maintain a minimum horizontal and
vertical clearance of 10 feet (3048 mm).
301.4.2 Groundcover. Deadwood and litter shall be regularly removed. Where ornamental
vegetation or cultivated ground cover, such as green grass, succulents, or similar fire-resistive
vegetation, are used as ground cover,they are allowed to be within the designated defensible
space outside of the noncombustible zone in 301.2, provided they do not form a means of
transmitting fire from the native growth to any structure.
Section 401
Maintenance of Defensible Space
401.1 General Maintenance.The requirements of this section shall be maintained by the responsible
party to provide a clear area for fire suppression operations.
401.1.1 Trees. Trees and tree crowns in the defensible space are to be maintained to the
requirements in Sections 301.4.1 through 301.4.1.3.
401.1.2 Deadwood removal. Deadwood and ladder fuel shall be regularly removed from trees
and vegetation and in accordance with 301.4.1.
402.1 Inspection and Compliance.The code official or designee may conduct periodic inspections to
verify compliance with Sections 301 and 401.
403.1 Maintenance Plan. Property responsible parties meeting the local criteria for wildland-urban
interface, as identified by the authority having jurisdiction, should have an articulable plan to maintain
the zone in accordance with this code.
Referenced Standards
About this section:
There are many sources of information about wildland-urban interface fires. Included in this section are those codes
and standards referenced in this code.
ICC International Code Council
IWUIC—24: International Wildland Urban Interface Codes
603.1, 603.2, 603.2.1,603.2.2,603.2.3,604.1,604.2, 604.3,604.4,604.4.1, 604.4.2,Appendix F-1
OSSC Oregon Structural Specialty Code
OSSC—25:Oregon Structural Specialty Code
Table 1604.5—Risk Category IV
Appendix F: Characteristics and Planting Principles of Fire-Resistive Vegetation
About this appendix:
This appendix provides general guidelines when evaluating the fire-resistant characteristics of various vegetative
species.
All plants will burn under extreme fire weather conditions, such as drought. However, plants burn at
different intensities and rates of consumption. Fire-resistive plants burn at relatively low intensity, with
slow rates of spread and short flame lengths, due to their characteristics.The following are
characteristics and planting principles of fire-resistive vegetation:
1. Characteristics:
a. Plants with growth with little or no accumulation of dead vegetation (either on the
ground or standing upright).
b. Plants with low levels of resins, oils, and waxes (Nonresinous) plants, such as willow,
poplar, or tulip trees.
c. Plants with high live fuel moisture (plants that contain a large amount of water in
comparison to their dry weight).
d. Plants with woody stems and branches that can withstand prolonged heating before
ignition.
e. Plants that are deeply rooted with an open growing pattern.
2. Planting or maintenance principles:
a. Tree stands without ladder fuels (plants without small,fine branches and limbs between
ground and the canopy of overtopping shrubs and trees).
b. Plants requiring little maintenance (slow-growing plants that, when maintained, require
little care).
c. Irrigation is properly and consistently maintained.
d. Low volume of total vegetation by creating separation between fire-resistive plants.
e. Trees are regularly trimmed, limbed, irrigated, or maintained for disease. Any trees
should appear healthy with no signs of disease or dead tops.
Bibliography
The following resource material was used as a background reference for Oregon landscapes:
Fire-Resistant Plants for Home Landscapes (PNW 590)-https://extension.oregonstate.edu/catalog/pnw-
590-fire-resistant-plants-home-landscapes
Pacific Northwest Extension, October 2023.