It’s Happening – Oregon Legislature Begins Work on Repealing the State Wildfire Maps

After weeks of work, the Oregon House and Senate Republicans filed House Bill 3944 earlier this week to repeal the Oregon wildfire hazard maps, the first step in what is likely to be a bipartisan effort to repeal the map and improve Oregon’s wildfire program.

Additionally, Senator David Brock Smith, a Republican from the South Coast Region, introduced two amendments to existing bills, SB 678 and SB 83, that are identical to HB 3944 to make sure this conversation takes place on the Senate side as well.

OPOA worked closely with legislators in both the Oregon House and Oregon Senate in preparing this bill and ensuring that the bill repealed both the map and the state regulations that have caused so much chaos and confusion since they were first approved in 2021.  In addition, the bill declares null and void any hazard or WUI designation imposed upon property because of either the 2022 or 2025 maps.

In this article, we’ll cover HB 3944 section by section, highlighting exactly what each section does.  We’ll also tell you which parts of SB 762 will remain should this bill pass, and why a map repeal must pass this legislative session in order to protect property owners and improve Oregon’s wildfire program.

HB 3944 Summary

But for those who don’t want to get into the weeds, here is a high-level overview of what HB 3944 does:

• Eliminates the state wildfire map;

• Eliminates OSFM’s authority to impose defensible space regulations;

• Eliminates DCBS authority to mandate home hardening requirements for new homes;

• Allows OSFM to create a defensible space model code, with limitations, which local governments can choose to adopt, or choose to ignore;

• Restores local government’s ability to regulate defensible space and home hardening, with limits, which was Oregon law prior to the passage of SB 762;

• Keeps OSFM’s community risk reduction program and ODF’s landscape resiliency programs, which have been used by the agencies to obtain federal and state funds to greatly enhance wildfire protection in Oregon, create grant programs allowing property owners to obtain state assistance to create their own voluntary defensible space or home hardening, put out wildfires before they become conflagrations, promote forest thinning and proscribed burns in areas near the WUI, and provide much needed firefighting equipment in rural Oregon;

• Eliminates all final orders designating hazard designations issued by ODF in January.

What HB 3944 does NOT do:

HB 3944 does not repeal all of SB 762. As we’ve written before, a full repeal isn’t likely since the legislature and Governor wouldn’t support it. That is because there are parts of SB 762 that benefit property owners such as utility wildfire mitigation plans, support for prescribed burns and emergency shelters, the Oregon Conservation Corps program for youth wildfire risk reduction work, grants for small woodland owners, and resources like automated wildfire detection cameras that allow for faster wildfire detection and response.

HB 3944 does not eliminate the Wildland-Urban Interface (WUI). Instead, it restores a clear, older definition used for 25 years before SB 762. HB 3944 makes the WUI only about funding projects like defensible space and wildfire mitigation— not about regulations. Local governments remain free to create their own WUI definitions or maps. This was the authority they had prior to SB 762.

HB 3944 doesn’t cut critical federal funding opportunities. Having a WUI definition qualifies Oregon for federal wildfire funds, ensuring resources go to areas with the biggest impact, like where homes and wildlands meet. HB 3944 ensures taxpayer money is spent wisely to reduce wildfire risks without creating new state regulations tied to the WUI.

Why OPOA Supports This Bill

HB 3944 is a practical, no-nonsense response to the wildfire management challenges Oregon has faced in recent years. The bill repeals the most flawed and overreaching aspects of SB 762—such as the disastrous wildfire hazard maps and burdensome state regulations—while preserving the programs that genuinely protect property owners and reduce wildfire risks.

By emphasizing local control, HB 3944 returns power to the communities most affected by wildfire policies, empowering them to make decisions that reflect their unique needs and circumstances. At the same time, it ensures that taxpayer dollars are spent where they matter most, supporting voluntary efforts to improve defensible space, promote forest thinning, and enhance wildfire readiness in rural Oregon.

Make no mistake, passing this bill will require a unified effort. The road ahead is steep, and success will depend on the collective voices of property owners, local leaders, and all who care about restoring common sense to Oregon’s wildfire program.

We need you to take action—reach out to your legislators, spread the word, and champion this bill and its Senate counterpart. Together, we can repeal these harmful policies, protect property rights, and build a safer, stronger future for our state. Let’s make it happen!

Section-By-Section Analysis

NOTE: If you’re reviewing the language of House Bill 3944, it’s important to understand how to read a bill. Each section is clearly labeled with bold, capitalized, and underlined text. Italicized words in brackets or sentences indicate existing law that will be removed if the bill passes, while bolded text represents new language that will be added to the law. This format helps clarify what is being repealed or amended versus what will be newly established.

For example, we can rewrite this nursery rhyme like a bill:

Mary had a little [lamb] rabbit whose [fleece] fur was white as snow.

If this bill passed, the new language would be:

                Mary had a little rabbit whose fur was white as snow.

With that in mind, let’s dive into HB 3944 section by section.

SECTION 1 (pg. 1, lines 10-13): This section repeals a number of provisions of current law that were created by SB 762 and a few sections of SB 762 that were passed but not assigned to a statute.  In the order they appear in the bill, here are the statutes/SB 762 provisions being repealed by HB 3944, and what each statute/section does:

• Repeals ORS 455.612: This statute contains the home hardening (R327) requirements for new homes and remodels in the high hazard/WUI wildfire mapped areas. R327 code requirements, which predated SB 762 and the wildfire map, will remain as part of the state building code, but they won’t be tied to any map or any private property, since the map is being repealed.

• Repeals ORS 455.614: This statute requires the Oregon Department of Consumer and Business Service to maintain a mapping tool showing wildfire areas where the home hardening standards applied and the requirements for complying with the R327 code in those areas. Since HB 3944 repeals the state wildfire map, there’s no need for this tool.

• Repeals ORS 476.390: This statute defines “defensible space”.  The same definition is being added as an amendment to ORS 476.392.  Since the Oregon State Fire Marshal (OSFM) authority to  enforce defensible space regulations is being repealed, meaning ORS 476.394 becomes unnecessary, there’s no reason to have a separate statute that only contains a definition of “defensible space.”  You can just incorporate that definition into ORS 476.392.  In other words, this is just a style fix for the legislature, but it makes sense.

• Repeals ORS 476.394: This statute prohibits a county/city from using OSFM’s defensible space requirements as a criterion to approve or deny a land use application. Since HB 3944 removes OSFM’s defensible space regulatory authority, there’s no need for this statute.

• Repeals ORS 476.398: This statute removes OSFM’s requirement that they report each biennium to the legislature on their defensible space efforts.

• Repeals ORS 477.027: This statute directs the Oregon Department of Forestry (ODF) to define the “wildland urban interface” (WUI). ODF’s current definition of WUI is overbroad and includes rural areas that are miles from anything remotely urban and should not be considered part of the WUI.  In its place, HB 3944 creates a much tighter definition of WUI that ensures that state and federal funding to reduce wildfire risk in the WUI goes to areas that definitely need the help.

• Repeals ORS 477.161: This statute requires ODF, in conjunction with OSFM and local governments, to establish baseline standards for wildfire protection in areas outside of ODF forest protection districts. Since Section 29 of SB 762 mandated the counties to meet those baseline standards by January 1, 2026, this statute eliminates local control and is being repealed.

• Repeals ORS 477.490: This statute is the mapping statute. This is obviously the most important and obvious statute to repeal as it repeals the map in its entirety.

• Repeals Sections 12a and 12b, SB 762: These sections established deadlines for DCBS home hardening requirements under ORS 455.612. Since HB 3944 eliminates DCBS’ authority to impose home hardening requirements in wildfire areas, these sections need to be repealed as well.

• Repeals Section 29, SB 762: This section required all counties to establish baseline standards for wildfire protection in areas outside of ODF forest protection districts by January 1, 2026. Since HB 3944 repeals ORS 477.161 (see above), this section was unnecessary and needs to be repealed.

SECTION 2 (pg. 1, lines 17-24, pg. 2, lines 1-45, pg. 3, lines 1-17): This section is directed to OSFM’s defensible space program.  Here’s what it does:

• Amends ORS 476.392 to eliminate the requirement that OSFM adopt defensible space requirements, apply those requirements in mapped wildfire areas, and enforce the requirements. OSFM’s defensible space regulations are eliminated.

• Adds a definition of “defensible space” (the same definition currently found in ORS 476.390 – see the third bullet point under Section 1) and retains OSFM’s ability to administer a community risk reduction program. The community risk reduction program enables OSFM to obtain state and federal funding to establish non-regulatory educational, response planning, and community preparedness efforts incorporating defensible space. 

In the last two years, OSFM has directed $21 million in grant funds to local communities to use for direct defensible space work on the ground, not local mandates.  OSFM has also funded a one-time voluntary incentive program to encourage property owners to seek a defensible space assessment of their property with OSFM. 

Participants receive a $250 gift card to offset defensible space reduction costs.  In addition, OSFM has used money allocated by the legislature under SB 762 to purchase additional firefighting equipment for fire departments in wildfire prone areas, award grants to local fire districts to hire additional personnel, and pay for pre-positioning by fire units during wildfire season so that firefighters are in the vicinity of a wildfire before it starts, and can more rapidly extinguish it.

In other words, the amendments eliminate OSFM’s requirement to establish defensible space requirements and their enforcement authority to enforce any requirements they may choose to adopt on private property but allow OSFM to administer a community risk reduction program in order to obtain state and federal funding for the program. 

• Directs OSFM to prepare a defensible space model code which local governments may adopt, if they choose to do so. When drafting the model code, OSFM is limited to standards in the Internation WUI Code, meaning that OSFM cannot exceed those code requirements.  The bill makes it clear that a local government can choose to adopt the model code, parts of the model code, or none of the model code or any other code.  In other words, the choice to establish defensible space requirements rests entirely with local governments.  This was the law prior to SB 762, and HB 3944 returns Oregon to that point. Authorizes OSFM to provide direct assistance to local governments to implement defensible space programs in their jurisdictions, if the local government requests assistance.

SECTION 3 (pg. 3, lines 21-30):  This section amends ORS 477.015 to adopt a definition of the “wildland urban interface.”  This statute currently directs ODF to create a definition of the WUI.  ODF did so in 2022, but ODF’s definition was very broad, including areas that no reasonable person would consider to be “urban”.  The WUI is intended to be an urban or suburban area where a large concentration of homes intermix with wildland fuels.  In these areas, a wildfire can quickly involve multiple homes in a very short time, with the risk to spread directly into a city. 

We know that some are arguing that the legislature should just eliminate any definition of WUI from state law.  There are multiple problems with that argument.  First, that’s exactly what SB 762 did – it deleted the legislature’s definition of “forestland-urban interface” that was completely uncontroversial and had been in place since 1997 when Republican legislators first realized the need to direct firefighting resources into the WUI and passed Senate Bill 360 (1997).  In its place, SB 762 directed ODF to define the WUI by administrative rule.  ODF did just that, and we know the results.   

If the legislature doesn’t define the WUI, ODF can do so.  If ODF chooses not to define the WUI, each local government can do so.  None of the definitions will be as precise as the definition in HB 3944, which is nearly identical to the definition from SB 360 that the state used without controversy for nearly 25 years before SB 762 repealed it.

Second, HB 3944 removes any state regulatory impact from the WUI definition.  In other words, neither ODF nor OSFM can impose defensible space or home hardening regulations based upon the definition of WUI.  A local government could certainly impose defensible space or home hardening regulations within the WUI, but they could do that before SB 762, and re-establishing the system of local control that had been in place for nearly 25 years is a far superior option than mandating that a state agency define and regulate within the WUI, which is what SB 762 created. 

The WUI definition in HB 3944 is used only for purposes of directing OSFM and ODF funding for defensible space, home hardening, prescribed burns, thinning projects, etc that mitigate wildfire risk, and is not used for regulatory purposes.

Third, there is nothing in HB 3944 that requires a local government to adopt a WUI.  Local governments can certainly create a WUI map, but they could do that before SB 762, and can create their own WUI definition even if HB 3944 doesn’t contain a WUI definition.

Fourth, there are federal funding programs available to states that have a WUI definition.  This is because directing resources into the WUI provides the greatest bang for the buck when using limited resources.  Oregon will never be able to fully fund a wildfire program – the scope of the problem is just too big.  That means that any money the legislature or Congress directs to reducing wildfire impacts should be targeted to areas where it produces the greatest benefit – in many cases, that’s the WUI, where you have a mix of homes and wildland fuels that can create an immediate conflagration if the right conditions exist, and spread directly into urban areas, where even greater damage can occur.

There is no truth that OSFM will use state or federal funds to provide grants to local governments to draft WUI maps or regulations.  As discussed above, OSFM has used state funding to award grants to local governments for boots on the ground projects that directly reduce wildland fuel loads.  The goal is to reduce wildfire risk and damage, not create new regulations.  Moreover, unlike a state agency, if your local government creates new WUI regulations, you can replace them.

Directing wildfire efforts into the WUI provides the best use of state and federal wildfire funds as it protects the greatest number of Oregon homes for the least amount of money, enabling wildfire funds to be used in more parts of Oregon.  Having the legislature define the WUI ensures that a future state agency or local government will not be able to define the WUI in a manner that is overbroad.

By eliminating the wildfire map, there is no regulatory impact from being included in the WUI.  There was discussion of eliminating the definition of the WUI, but keeping the definition ensures that taxpayer resources are being spent in the best manner possible to reduce wildfire risk for the greatest number of Oregonians, while at the same time ensuring that the state will not have authority to regulate properties based upon their location in the WUI, and ensuring that a future agency or governor will not be able to define the WUI.

SECTION 4 (pg. 3, lines 31-45, pg. 4, lines 1-45, pg. 5, lines 1-9:  This section amends ORS 477.503 (part of the original SB 762) to direct ODF to focus on directing community wildfire risk reduction efforts on protecting human life and property within the WUI.  For the reasons stated above, with the limited state and federal dollars available for wildfire protection efforts, focusing on thinning and prescribed burns in areas near the WUI is the best way to protect the greatest number of Oregonians.

SECTION 5 (pg. 5, lines 13-45, pg. 6, lines 1-45, pg. 7, lines 1-5:  This section adds a new member to the Wildfire Programs Advisory Council, the Council that Sam and I sit on.  The new member will be a firefighter with experience fighting structural wildfires in the WUI.  The Council is a volunteer council with no authority other than to make recommendations to the legislature and governor, and a firefighter with experience in the WUI is a needed position for the Council.

SECTION 6 (pg. 7, lines 9-45, pg. 8, lines 1-45, pg. 9, lines 1-45, pg. 10, lines 1-45, pg. 11, lines 1-45, pg. 12, lines 1-45, pg. 13, lines 1-45, pg. 14, lines 1-45, and pg. 15, lines 1-45):  This section takes up multiple pages of the bill to accomplish one small purpose – eliminating the requirement on the Seller’s disclosure form requiring the Seller to disclose to the Buyer whether their land is within the WUI. 

SECTION 7 (pg. 16, lines 1-45, pg. 17, lines 1-27):  This section amends ORS 197.716 to eliminate a reference to ORS 477.027, which is being repealed by the bill.

SECTION 8 (pg. 17, lines 28-45, pg. 18, lines 1-40):  This section amends ORS 215.291 to delete reference to the map and home hardening provisions.

SECTION 9 (pg. 18, lines 41-45, pg. 19, lines 1-45, pg. 20, lines 1-14):  This section amends ORS 215.495 to delete reference to the map and home hardening provisions.

SECTION 10 (pg. 20, lines 15-37):  This section amends ORS 477.748 to delete the reference to property in the high hazard zone, which is part of the map being repealed.

SECTION 11 (pg. 20, lines 38-45, pg. 21, lines 1-12):  This section amends ORS 526.272 to correct the citation to the definition of the WUI, which is being changed by Section 3 of the bill.

SECTION 12 (pg. 21, lines 16-22):  This section provides that all hazard map designations are null and void, as if they never existed.  Four years of needless stress, drama, wasted resources

The opinions expressed in this post are those of the author and do not represent the opinions or positions of any party represented by the OPOA Legal Center on any particular matter.