Momentum Builds for Repealing Wildfire Map as Property Owners Fight Back

After weeks of phone calls, emails, letters, and campaigning lawmakers to pull back the wildfire hazard map, rural property owners can officially say their advocacy is paying off.

On Monday, the Oregon House and Senate Republicans held a press conference announcing their plans to repeal the State Wildfire Hazard Map. That same day, Governor Tina Kotek announced that the state would hold processing any appeals until after the Session to allow a possible repeal of the map work its way through the process.

As of today, we can confidently tell you that lawmakers on both sides of the aisle are actively engaged in conversations to put this nightmare to rest. 

With that said – we can’t declare victory yet. The fight isn’t over until the wildfire map is officially repealed and the organized attack on rural Oregon is over. We must press on.

Now that the tide has shifted in our favor, we want to help folks understand what is realistic in this process, what is not, and advocate effectively. We also want to make sure property owners are protected if the political process fails.

Without further ado, here is what you should know:

1. A repeal of wildfire hazard map, defensible space, and home hardening mandates is likely. A repeal of SB 762 entirely is unlikely (and probably ill advised).

While we know that many are advocating for a complete repeal of SB 762 (2021) in its entirety, that is highly unlikely to occur. Without any doubt, the Wildfire Hazard Map has been a complete disaster and must be repealed. There is no salvaging it and it has no utility.

However, SB 762 was a very large bill that included many other programs and policies completely unrelated to the wildfire hazard map, home hardening, and defensible space. Those laws have resulted in good outcomes for wildfire suppression and mitigation.

For example, SB 762 required the Public Utility Commission to create rules for utilities to deenergize power lines during high wildfire risk conditions, and required utilities mitigate fires within utility-maintained properties, such as powerline easements. These provisions help keep communities safe by reducing the risk of wildfire starts due to downed power lines.

Additionally, the bill directed agencies to increase prescribed burns. These efforts reduced hazardous fuels on 3,000 acres in Deschutes County alone. The bill also required the development of a 20-year strategy to improve the health of our forests and rangelands, involving state, federal, local partnerships.

Most importantly, the bill included critical funding sources for wildfire suppression, that resulted in the following outcomes:

• Delivered 76 new fire engines statewide.
• Secured a $6 million annual appropriation, enabling the addition of 1,600 temporary firefighters to 192 fire agencies during fire season.
• Expanded the Oregon Department of Forestry’s detection camera system, now with over 90 cameras at 60 sites across Oregon for early detection and fast response to wildfires, helping keep them under 10 acres.
• Awarded $32 million in community risk reduction grants in the 2021-2023 biennium and $3 million to 40 communities in the 2023-2025 biennium, supporting structural fire districts, cities, and counties.
• Conducted nearly 3,000 voluntary defensible space assessments and awarded 424 one-time grants of $250 for defensible space work around at-risk homes.
• Established pre-positioning and immediate response teams, with 27 mobilizations pre-positioned in 2024 to be ready at likely fire locations ahead of conflagrations.

Most lawmakers don’t want to undo all of the good parts of SB 762, which is why a complete repeal of SB 762 in its entirety is highly unlikely to occur. However, a repeal of the wildfire map does have traction.

2. We should encourage lawmakers to repeal the wildfire map & adopt common-sense solutions for wildfire mitigation.

As different bills shape up, we will be strongly advocating for the complete repeal of the state wildfire hazard map and accompanying defensible space and home hardening regulations. Additionally, we will be advocating for the following common-sense solutions for wildfire mitigation and suppression:

• Land Management: In wildfire prone areas, we need to increase landscape treatment, thinning, and vegetation removal. We should utilize proven land management practices like prescribed fire to reduce fuels. Private property owners shouldn’t bear the burden of mitigation, while the state and federal government allows our forests, grasslands, and public lands to go unmanaged.
• Fire Suppression: We need to double down on fire suppression to keep fires small when they start. More boots on the ground during fire season and investment in early fire detection technologies are essential. Our first responders must have the proper equipment and support to protect our communities. We cannot continue to allow them to put their lives on the line without enough support.
• Incentive and Locally Driven Solutions: Home hardening and defensible space are scientifically backed and proven methods for safety. However, these shouldn’t be enforced through prescriptive and heavy-handed approaches like SB 762. The state should incentivize local communities and property owners to take voluntary protective measures and provide assistance to those who can’t physically or financially create defensible space or do home-hardening.

3. We need to keep our insurance market competitive and find ways to keep as many Oregonians insured as possible.

Property owners across the state are losing their insurance due to wildfire risk. This is one of the most dangerous and devastating impacts of wildfire hazard in our state. Even if the wildfire map goes away, this issue will persist. We must work diligently to keep our insurance market competitive and guarantee as many property owners as possible remain insured.

We also need to make sure that we are safeguarding insurance for more than just homes. Many farmers, ranchers, and rural business owners are also losing their insurance because of wildfire. We need to extend existing protections beyond just home insurance, to protect our rural businesses as well.

4. Property Owners Should Continue Appealing Their Hazard Designation

If anything is for sure, it is that the political process is unpredictable. While there is strong momentum to repeal the map and lawmakers are working together on this issue, there is no guarantee that a bill gets passed this Session.

For this reason, we are encouraging property owners to continue appealing their hazard designation so that their rights are preserved.

The following attorneys have reached out to OPOA offering their assistance to property owners who need to hire an attorney. Please reach out to their offices promptly if you plan on hiring an attorney:

VF Law | Phone: 503.684.4111 | Email: OREGON@VF-LAW.COM | Address: 6000 Meadows Rd. Ste.500, Lake Oswego, OR 97035 | Website: https://vf-law.com/

Schroeder Law Offices, P.C. | Phone: (503) 281-41001915 | Email: counsel@water-law.com | NE Cesar Chavez Blvd., Portland, OR 97212 | Website: https://water-law.com/

Dan McKinney at DC LAW | Phone: 541.673.4451 | Email: dmckinney@douglascountylaw.com | Address: 435 SE Kane St., Roseburg, Oregon 97470 | Website: www.douglascountylaw.com

Harker Lepore, LLC | Phone: 503.922.1939 | Email: info@harkerlepore.com | Address: 915 NW 19th Ave, Ste H, Portland, OR 97209 | Website: www.harkerlepore.com

Jordan Ramis | Phone: (503) 598-7070 | Email: ezra.hammer@jordanramis.com Address: PACWEST, 27th Floor, 1211 SW Fifth Avenue, Portland, OR 97204 | Website: https://jordanramis.com/

Ross Day Attorney at Law | Phone: 503.743.6460 | Email: ross@daylawpc.com | Address: 7831 St. Charles Street NE, Keizer, Oregon 97303

Earth Law, LLC | Phone: (541) 632-3946 | Email: info@earthlawllc.com | Address: 3439 NE Sandy Blvd, #672, Portland, OR 97232 | Website: https://www.earthlawllc.com/

Brisbee & Stockton, LLC | Phone: 503-648-6677 | Email: jap@brisbeeandstockton.com | Address: 139 NE Lincoln Street P.O. Box 567 Hillsboro, OR 97123 | Website: https://www.brisbeeandstockton.com

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.