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Title: Josephine County, OR. -- Article 76, Wildfire and Safety Standards
Type: Regulatory
Jurisdiction: County
State: Oregon
Program Description: Josephine County, Oregon � Article 76 of the Rural Land Development Code

Compliance with SB 360 - Oregon�s Forestland Urban Interface Fire Protection Act

The Oregon�s Forestland Urban Interface Fire Protection Act of 1997, also known as SB360, is in the process of being implemented. The first two counties to begin implementation are Jackson and Deschutes counties. They are in the process of notifying landowners of their location high hazard zones, and certifying that they conform to the regulations for defensible space. One of the next counties to begin implementation will be Josephine County, located in southwest Oregon. Josephine County Planning Department has been working with the Fire Department and the Building Department to amend Article 76 of the Rural Land Development Code to include regulations to reduce wildfire hazard risk. Their goal is to have a law in place prior to implementing SB360 that will meet or exceed the requirements of the state law. The Board of County Commissioners of Josephine County conducted a hearing on Article 76 amendments on March 2, 2005 and continued the hearing to March 16 at 9 am. We encourage anyone interested to attend.

The amendments to Article 76 include minimum wildfire and safety mitigation standards for development, replacement, substantial improvement or relocation of structures. The standards are intended to reduce threats to life and safety, to structures and wildlands, and to improve access in emergencies. Article 76 is comprehensive and includes construction standards for structures, roads and driveways, signs, water availability, and vegetation modification. This entry will focus on the standards for vegetative mitigation. The Josephine County Planning website has a link to the full text of the Article 76 amendments.

Article 76 is applicable during review and approval of land use actions including land divisions, site plan review, and conditional use permits; and it is applicable both in areas determined to be �forest Zones� and �other zones.�

Vegetation Mitigation

The regulations are designed to establish fire safety zones around structures. A fire safety zone is defined as an area in which fire hazard is mitigated by the reduction, removal or limitation of vegetative fuels around structures. Safety zones can be enhanced by the selection and placement of special fire resistant landscaping. Riparian areas need not include fire safety zones. Article 76 establishes two types of fire safety zones: the primary safety zone and the secondary safety zone. The primary safety zone extends for a distance of 50� in all directions from structures. A secondary safety zone extends for an additional 50� in all directions. On sites with slopes over 20% the secondary safety zone extends and additional 50� in all directions.

Primary Safety Zones

Within the primary safety zone, 50� in all directions around the structure, ground cover must be of asphalt, bare soil, concrete, rock or other nonflammable material, or an area of dead grass cut to 4� or less, leaves, needles, twigs and other similar materials provided they do not create a continuous fuel bed and are at least 4� away from the structure, or an area of low growing vegetation species such as green grass, ivy, succulents, or other similar species, maintained in a green condition and substantially free of dead plant material. Other vegetation within the primary safety zone may consist of single specimens or isolated groupings of native trees and shrubs and fire resistant ornamental trees maintained in green condition, substantially free of dead plant material, pruned so that the crowns are separated by a distance of 15�, and limbs below 8� in height are removed. No limbs may touch a structure, overhang a roof, or be within 15� of a chimney or stovepipe. Live fruit trees are exempt from the pruning requirement and may be located close to a structure.

Secondary Safety Zones

Trees within the secondary safety zone must be pruned and maintained so that trunks are separated by a distance of 15� and branches below 8� must be removed. Live fruit trees are exempt from the spacing and limbing requirements. Small trees, brush growing underneath the remaining trees and dead vegetation and debris must be removed.

Fire Resistant Plants

Recommendations for plants to be planted in the primary and secondary safety zones can be found in �Fire-Resistant Plants for Oregon Home Landscapes�, published in 2002 by Oregon State University Extension Service as Forest Resource Note No. 6. The publication is available on this web site. Copies are, also, available at selected landscape nurseries in Deschutes County, Oregon.

Contact Information

For more information, contact Dave Kellenbeck at the Josephine County Planning Department via telephone 541-474-5421, FAX 541-474-5422 or via email at [email protected], or mail to:

Dave Kellenbeck
Josephine County Planning Department
510 NW 4th Street
Grants Pass, OR 97526
Sponsored by the USDA Forest Service / Southern Research Station
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