October 2, 2007 Community Wildfire Safety Through Regulation Backyards and Beyond Conference Salt Lake City Nov 14, 2013 Don Elliott, FAICP

Community Wildfire Safety Through Regulation Clarion Associates Planners, Attorneys, Urban Designers, and Landscape Architects Over 130 development code projects nationwide Over 95% adopted Leaders in hybrid form-and- use codes, sustainable codes, and graphically illustrated codes

Community Wildfire Safety Through Regulation 1.Investigate how cities and counties are using local regulatory codes and ordinances to address wildfire risk. 2.Identifying how local governments use NFPA model codes and standards that address risk of wildfire in the Wildland Urban Interface (WUI). 3.Outlines how land use regulations, can be used to better reduce wildfire risk in the WUI. Clarion Associates Building Officials Land Planners Fire Officials

Community Wildfire Safety Through Regulation Review of Literature Categorization of State WUI Support Categorization of WUI Tools Detailed Interviews Final Report and Lessons Learned Clarion Associates 1.State Mandate (CA, OR) 2.State Mapping (CO, FL) 3.State Model Code w/ Incentives (UT) 4.No State Support (MT, ID)

Categorization of WUI Tools Categorization by Scale of Tool Clarion Associates

Categorization of WUI Tools Categorization by Scale of Tool Community Scale Hazard /Risk mapping Neighborhood Scale Site development -- Water supply – Access Individual Lot Scale Vegetation choice and management – Defensible space Structure Scale Primary structure: Roof, decks, siding, vents, soffits Accessory structure: Sheds, gas tanks, wood piles, fences Clarion Associates

List of Interview Communities Clarion Associates Community Interviews Southeast North Port, FL Palm Coast, FL Northwest Clark County, WA Missoula, MT Bend, OR City of Boise, ID California Santa Barbara, CA Glendale, CA Central Rocky Mountains Boulder County, CO Utah County, UT Southwest Village of Ruidoso, NM Santa Fe County, NM City of Prescott, AZ

Responses to Interview Questions Clarion Associates 1. Why did you adopt WUI standards? State mandate Major fire 2. How did the public process go? Cynical public Repeated efforts or education usually required New arrivals and second homeowners are key audiences

Responses to Interview Questions Clarion Associates 3. What WUI regulations did you use for guidance? 1.Parts of NFPA and ICC Never the whole thing 2.Tweaking a neighbor’s standards 4. What is your most effective WUI regulation? 1.Defensible space 2.Roof standards (Class A/B) Then education

Responses to Interview Questions Clarion Associates 5. Who administers WUI regulations? 1.Fire Marshal 2.Building Department 3.Planning Department 6. What is the review process? 1.Development Review Committee 2.Pre-application review 3.Inspections by Fire Marshall

Responses to Interview Questions Clarion Associates 7.What is the most significant enforcement problem? Initially -- few problems Once adopted, standards are enforced Over time -- maintenance of defensible space Often have to rely on nuisance abatement, which is time consuming and expensive

Responses to Interview Questions Clarion Associates 8.Is new or existing development more problematic? Existing development, by far More of it Built before standards adopted Lack of political will to address existing

Responses to Interview Questions Clarion Associates 9. Are your existing tools adequate – or what more is needed? Existing tools are generally adequate But many land use regulations not being used Enforcement could be better May be a ‘political’ answer If additional resources, would put them into education and enforcement.

The Planning Tool belt Clarion Associates Using Land Use tools to Reduce Fire Risk Zoning Subdivision Site Planning / Design Review Development Agreements Enforcement

Additional Tools Clarion Associates Subdivision The power to divide land for purposes of sale or development Much more important in suburbs and rural areas (including WUI areas) than mature cities Generally has strong language on public safety, access, utilities Can (and increasingly does) include: Sensitive lands protection (could include fire risk) Steep slope avoidance / development standards Edge landscape buffers for new development Wildlife habitat protection

Additional Tools Clarion Associates Zoning Options 1. Base Zone Districts 2. Overlay Zone Districts MAPSTEXT Zone District Regulations Conditions on Uses Site Development Standards

Additional Tools Clarion Associates Zoning Base zone districts Overlay zone districts High fire risk areas can be mapped, and risk mitigation standards applied in those areas State level maps can be used, even if resolution is not as high as you want Clarify that the official map is the higher resolution web version (not the one printed in the paper code) Add a process to question or change the map if you think it is wrong

Additional Tools Clarion Associates Zoning Fire Hazard Overlay standards Defensible space Roof materials, vents, building requirements Source of fire suppression water Wider access road standards / lower grades Membership in fire district Many other tools to implement these goals, but zoning gives potential buyers better notice than post-purchase reviews

Additional Tools Clarion Associates

Additional Tools Clarion Associates Zoning Development (Design / Quality) Standards Landscaping, tree preservation, access / connectivity, maintenance Different standards can be drafted to apply in fire hazard areas Different types and amounts of landscaping / defensible space Exceptions to tree preservation requirements Additional access requirements Higher duties to maintain and manage vegetation

Additional Tools Clarion Associates Zoning While zoning has traditionally been more focused on initial project design, modern codes are placing increased emphasis on management and maintenance Examples Landscaping / tree replacement Stormwater facility management Lighting / glare Could easily include: Defensible space management Fire vehicle access management

Additional Tools Clarion Associates Site Planning / Design Review Even when zoning is not being changed and land is not being divided, many communities require “site plan review”. Generally applies to development other than single- or two-family homes Review to ensure that circulation, parking, and access points are safe, landscaping actually buffers, lighting won’t glare, etc. Could expand to cover fire risk

Additional Tools Clarion Associates Development Agreements Cities and counties increasingly use development agreements to tie down issues of site design, phasing, infrastructure construction, or site management that are not addressed in zoning or subdivision Site maintenance and funding provisions are common Opportunity to ensure that: Maintenance provisions address defensible space Existing accessory structures are relocated or roofs replaced within a fixed period of time Condition new structure approval on old structure removal

Additional Tools Clarion Associates Enforcement Zoning enforcement is complaint-driven But when complaints are made inspectors can cite for other violations observed Cross- train to inspect for defensible space maintenance or unauthorized accessory structures Zoning often allows for easier civil (not criminal) citations “Personal appearance” requirement an emerging “soft” enforcement tool

Take-Aways Clarion Associates The planning and land use “tool belt” offers lots of different legal tools that allow broader cooperation between planning / zoning / building / fire officials... And that could be used... But usually aren’t... to reduce fire risk in WUI areas Fire Bldg. Land Use

Take-Aways Clarion Associates 1.Focus on Defensible Space and Roof Materials Requirements 2.Get serious about using Subdivision Regulations and Development Agreements as the key land use tool to prevent new development in WUI fire risk areas 3.Get serious about using Zoning Regulations and Site Plan Review standards to reduce risks in already platted and already developed areas.

Colorado Wildfire Task Force Clarion Associates 1.Waldo Canyon (2012) + 2.Black Forest (2013) = Colorado Governor’s Wildfire Insurance and Forest Health Task Force

Colorado Wildfire Task Force Clarion Associates “Develop the CO-WRAP model, in coordination with a broad spectrum of stakeholders, to create a mapping tool with the capability to identify and quantify wildfire risks to specific properties in the WUI.” “Disclose the CO-WRAP results to relevant stakeholders.” “Create a process to handle appeals and updates for COWRAP scores.” The Colorado Association of Home Builders raised concerns about the potential impact that this recommendation may have on property values and the availability and cost of insurance. 1. Map The Risks

Colorado Wildfire Task Force Clarion Associates

Colorado Wildfire Task Force Clarion Associates “Adopt a state-wide model ordinance for properties in the WUI.” “Assess a fee on properties in the WUI to help fund mitigation activities.” “Prohibit community building or land use requirements that are inconsistent with science-based, Firewise principles.” Amend the standard form real estate contract to include a WUI disclosure, including the CO-WRAP score. 2. Building in the WUI

Colorado Wildfire Task Force Clarion Associates “Develop and require a Wildfire Mitigation Audit for high risk properties in the WUI.” Since the Wildfire Mitigation Audit would be built on the CO-WRAP risk assessment score, wherever it is appropriate to disclose the CO-WRAP score, it may also be appropriate to disclose the outcome of the Audit. 3. Insurance

Colorado Wildfire Task Force Clarion Associates Implementation Options

Colorado Wildfire Task Force Clarion Associates Implementation Options for Key Recommendations Recommendation Change Law Change Regs. Exec Order Volun- tary Guides Cost ? Develop CO-WRAP  Disclose CO-WRAP Scores  Process to Appeal/Amend CO-WRAP  Statewide Model Ordinance  Assess a Fee in WUI  Prohibit non-Firewise Building in WUI  WUI disclosure on Real Estate Forms  Require a Wildfire Mitigation Audit 

October 2, 2007 Questions and Discussion