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The national database of state and local wildfire hazard mitigation programs
serves as a clearinghouse of information about nonfederal policies and
programs that seek to reduce the risk of loss of life and property through
the reduction of hazardous fuels on private lands. If
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Title: |
California Public Resources Code (PRC) 4297
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Type: |
Regulatory
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Jurisdiction: |
State
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State: |
California
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Program Description: |
California Code-Public Resources Code, Section 4297
California Public Resources Code Section 4297 grants authority to the Governor, through the Director of the California Department of Forestry and Fire Protection, to limit public access to lands with hazardous vegetation. In these areas where wildfire may be expected to spread rapidly, the Governor may restrict access to all but property owners, area residents and fire fighters. This may limit the public's access to certain areas where, for example, fishing and hunting previously may have been allowed.
The text of Section 4297 follows:
Upon the showing of the director of the California Department of Forestry and Fire Protection that the unrestricted use of any grass-covered land, grain-covered land, brush-covered land, or forest-covered land is, in the judgement of the director, a menace to life or property due to conditions tending to cause or allow the rapid spread of fires which may occur on such land or because of the inaccessible character of such lands The Governor, through the director, may, by a proclamation, which declares such condition designates the area to which, and the period during which the proclamation shall apply, require that such area be closed to hunting and fishing and to entry by any person except a person that is within one of the following:
- Owners and lesses of land in the area.
- Bona fide residents in the area.
- Persons engaged in some bona fide business,trade, occupation, or calling in the area and persons employed by them in connection with such business, trade, occupation, or calling.
- Authorized agents or employees of a public utility entering such area for the purpose of operating or maintaining public utility works or equipment within the area.
- Members of any organized firefighting force.
- Any federal, state or local officer in the performance of his duties.
- Persons traveling on public roads or highways through the area.
Section 4298 relates to the dissemination of information regarding restricted use of and access to land. The text follows:
The proclamation by the Governor shall be released to the wire news services in the state, and shall be published at least once in a newspaper of general circulation in each county which contains any lands covered by the proclamation. Notice of closure shall also be posted on trails or roads entering the area covered by the proclamation. The closure shall be effective upon issuance of the proclamation by the Governor. Each notice shall clearly set forth the area to be subject to closure and the effective date of such closure. The closure shall remain in full force and effect until the Governor shall by order terminate it. The notice of such termination shall follow the same procedure by which such closure was effected. The order of termination shall be effected upon issuance.
Contact Information
For more information, contact Frank Goddard, via email, at [email protected].
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