Defensible space clearance around structures has been required since the 1960’s. California's Public Resourcs Code 4291 requires 100 feet of clearance around all structures, or to the property line, whichever is closest. This clearance must be maintained every year when flammable conditions exist - whether or not you receive an inspection notice.
Many people believe that if they don't get an inspection notice, their property is in compliance with PRC 4291. But with 60,000-80,000 properties in the two counties, we cannot inspect every property every year. Therefore, it's every property owner's responsibility to make sure that their property is in compliance EVERY year, whether or not they get an inspection notice.
The
inspection notice is not a ticket or a citation. It is our notice to
you of work that needs to be done in order to improve safety during a
wildfire for you, your property, your neighbors
and firefighters.
The
ultimate goal of defensible space is homes that can survive a wildfire
without firefighter protection. During a wildfire, there will be many
more homes threatened than there are
resources to protect them all. Every home needing firefighter
protection takes resources and equipment away from fighting the main
fire. A fast-moving fire may reach your home before firefighters get
there.
However,
if you don’t complete the necessary clearance, each owner may be cited
and fined for each violation. Citations
are time-consuming and very costly for CAL FIRE, the Court, and all
taxpayers – not just for the people who are cited. We’d much rather have
you clear your defensible space every year - without prompting - then
to pursue citation.
But here’s
how the citation process works: Fines are set by each county’s Superior Court.
In Tuolumne and Calaveras counties, the fines and
court costs are over $400 per violation. CAL FIRE issues the citations,
but CAL FIRE does not get any of this money!
If
violations
are corrected after being cited, the fines may be reduced, but not
eliminated. If the fine is paid without the clearance being done, the
violation(s) may be cited again, with the fine(s) increasing each time.
If the same violation is cited three times in five
years, it becomes a misdemeanor. If you ignore the citation and fine,
it will be sent to Collections, and penalties will be added. Again, CAL
FIRE does not get any of the fine money.
If you've watched the news lately, it should be obvious that California is extremely vulnerable to wildfires, and much more so this year than any other year in recent history. Not only is the dense vegetation that chokes our forests, surrounds our communities, and fuels devastating fires completely unnatural - this year it's also critically dehydrated. And yes, green vegetation will burn - and has been burning, by the tens of thousands of acres in recent weeks.
For thousands of years this overgrowth was controlled by lightning fires, or low-intensity fires set by Native Americans, and early ranchers. Fire-dependent ecosystems thrived. This is no longer true. To restore forest health and community safety, property owners in wildfire-prone areas must replicate this clearance (but not by setting fires). Not doing this clearance jeopardizes your neighbors and their property.
To learn more about what steps you can take to make your home survive a wildfire, visit www.readyforwildfire.org.
To see pictures from Tuolumne and Calaveras Counties of how things should (and should not) look around your home, visit
www.blsvip.com and click on: “Agency Requirements
- Improved Properties - Defensible Space for Homeowners.”
