Oregon New DRAFT Wildfire Maps: What You Need to Know

The Oregon Department of Forestry has published new DRAFT Wildfire Hazard Maps developed by Oregon State University.  .  The map is a draft and open for public comment through August 18, 2024, with finalization expected by October 1, 2024.  Once finalized, the map will be used to identify which properties will be subject to new defensible space requirements or fire-hardening building codes. Impacted properties are those that are in the Wildland-Urban Interface (WUI) and in a High Hazard Area.

What has changed since last time?

The maps were first released in June 2022 as a result of Senate Bill 762 (2021), which created a new statewide approach to a wide range of wildfire mitigation measures.  The maps resulted in a huge public backlash as members of the public identified inconsistencies, were uncertain of the purpose of the maps, and expressed concerns that the maps would be used by insurers to increase rates or cancel insurance policies.

Following the botched roll out of the maps, the Oregon legislature passed SB 80 in 2023.  SB 80 made several changes including:

• Established a legislative purpose for the maps which includes:
  • Educating Oregon residents and property owners about the residents’ and property owners’ wildfire exposure by providing transparent and science-based information;
  • Assisting in prioritizing fire adaptation and mitigation resources for the most vulnerable locations; and
  • Identifying where defensible space standards and home hardening codes will apply.
• Changed the focus of the maps to identifying three “hazard” zones (high, moderate, low) rather than five “risk” classes that were part of the original maps (extreme, high, moderate, low and no risk). Hazard zones, like the original risk classes, are based on weather, climate, topography and vegetation
• Provided additional funding for wildfire hazard mitigation

The legislature also passed SB 82 in 2023.  SB 82 prohibits insurance companies from using the wildfire maps as a basis for: (1) canceling or declining to renew a homeowner insurance policy; or (2) increasing a premium for a homeowner insurance policy.  It also requires insurers who do cancel, not-renew or increase premiums based on wildfire risk to inform policy-holders of what information was used to make the determination including landscape-level and property-level information, and what mitigation measures the policy-holder can take if any to increase the insurability of their property or reduce their premiums.

What can we do?

If you believe that the maps are inaccurate, submit comments to the Oregon Department of Forestry at hazardmap@odf.oregon.gov.

If your property is mapped both in the Wildland-Urban Interface and in a High Hazard Area, once the maps are finalized, your property will be subject to new defensible space codes or fire-hardening building codes. It is important that you learn more about these requirements and prepare comments if you have them.

• • Defensible Space: The Oregon State Fire Marshal oversees defensible space regulations.  Learn more about Oregon’s defensible space program including resources available to property owners here.  Read the draft defensible space regulations here.  The Oregon State Fire Marshall will re-open rulemaking and public comment on the draft regulations once the wildfire maps are finalized in October.  We strongly encourage you to familiarize yourself with the draft rules now and be ready to provide feedback when the rulemaking re-opens.  In addition, if you do have comments now, please so that we can compile member input.
  • Fire-Hardening Building Codes: The Department of Consumer and Business Services Building Codes Division oversees fire hardening codes. Fire-hardening requirements will not take effect until after final wildfire maps are approved and will not be applied retroactively, but will apply to new dwellings and to existing dwellings when replacing exterior elements of the structure. After finalizing of the maps but before adopting the new requirements, DCBS will be re-opening rulemaking and taking public comment on the fire-hardening requirements.  Review the materials on the DCBS fire-hardening site including the 2023 Oregon Residential Specialty Code Wildfire Hazard Mitigation Provisions, as these will serve as the basis for fire-hardening requirements.  If you have comments, please share those with us now and be ready to share them when the rule-making re-opens after the maps are finalized.

What does this mean for real estate disclosure laws?

The Oregon Seller’s Property Disclosure Statement requires disclosure by the seller if their property is located in the wildland-urban interface, regardless of hazard level classification.  The wildland-urban interface can be viewed on the wildfire hazard map and is a much larger area than under Oregon’s previous fire hazard mitigation regime, when it was called the forestland-urban interface and was determined by local counties, rather than the state.  As currently mapped, the wildland urban interface includes the whole or part of many Oregon cities including all of Roseburg, Ashland and Grants Pass.  The large geographic scope of the wildland-urban interface makes the designation almost meaningless, along with the required disclosure.  It’s like when California passed Proposition 65 requiring every product to be labeled as cancer-causing.  It will have the opposite effect of its intent and desensitize Oregonians to fire risk rather than enhancing sensitivity, as intended.  We encourage you to submit comments to hazardmap@odf.oregon.gov that the Draft Wildland-Urban Interface is too large of an area to be meaningful and will result in less safe communities by desensitizing Oregonians to fire risk.  Oregon REALTORS® will also be exploring changes to the SPDS law so that any required disclosures of fire risk are meaningful and not perfunctory.