Oregon Statutes 477.490 – Statewide wildfire hazard map; rules
(1) The State Forestry Department shall oversee the development and maintenance of a comprehensive statewide wildfire hazard map that displays the wildfire hazard zones described in subsection (5) of this section and populates the Oregon Wildfire Risk Explorer.
Terms Used In Oregon Statutes 477.490
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- association: means an association, group or agency composed of owners of forestlands, organized for the purpose of protecting such forestlands from fire. See Oregon Statutes 477.001
- Board: means the State Board of Forestry. See Oregon Statutes 477.001
- Department: means the State Forestry Department. See Oregon Statutes 477.001
- local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
- Owner: means an individual, a combination of individuals, a partnership, a corporation, the State of Oregon or a political subdivision thereof, or an association of any nature that holds an ownership interest in land. See Oregon Statutes 477.001
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(2) The purposes of the map are to:
(a) Educate Oregon residents and property owners about the residents’ and property owners’ wildfire exposure by providing transparent and science-based information.
(b) Assist in prioritizing fire adaptation and mitigation resources for the most vulnerable locations.
(c) Identify where defensible space standards and home hardening codes will apply.
(3) The Oregon Wildfire Risk Explorer must be the official wildfire planning and hazard classification mapping tool for the State of Oregon.
(4) The State Board of Forestry shall establish by rule criteria by which the map must be developed and maintained, including criteria concerning the use of the most current wildfire assessments.
(5) In consultation with Oregon State University, the department shall establish three statewide wildfire hazard zones that are titled high, moderate and low hazard zones. The zones must be:
(a) Consistent with ORS § 477.027.
(b) Based on weather, climate, topography and vegetation.
(6) The department shall enter into an agreement with the university that provides that the university will develop and maintain the map and make the map publicly available in electronic form through the Oregon Wildfire Risk Explorer.
(7) The board shall adopt rules that:
(a) Provide opportunities for public input into the assignment of properties to the wildfire hazard zones described in subsection (5) of this section.
(b) Require the department to provide notice and information to a property owner whose property is assigned to the high hazard zone within the wildland-urban interface, as defined pursuant to ORS § 477.027, about the fact that the property has been assigned to the high hazard zone, the effects of the assignment and how the property owner may appeal the assignment of the property owner’s property to the high hazard zone.
(c) Allow affected property owners and local governments to appeal the assignment of properties to the wildfire hazard zones after the map is developed, after any updates to the map and within a reasonable time after delivery of the notice and information described in paragraph (b) of this subsection.
(d) Provide that assignments of properties to the high hazard zone may be appealed as a contested case as described in ORS Chapter 183.
(8) Before sending notices described in subsection (7)(b) of this section, the department shall seek review of the notices by the Wildfire Programs Advisory Council to receive council recommendations concerning tone, clarity of language and presentation of information.
(9) The map must:
(a) Be based on the wildfire hazard zones.
(b) Be sufficiently detailed to allow the assessment of wildfire hazard at the property-ownership level.
(c) Include the boundaries of the wildland-urban interface, as defined in ORS § 477.015, consistent with national standards.
(d) Include a layer that geospatially displays the locations of socially and economically vulnerable communities.
(e) Be completed and released expeditiously, following the collaboration described in subsection (10) of this section.
(10) To develop and maintain the map, the department and the university shall collaborate with the State Fire Marshal, other state agencies, local governments, federally recognized Indian tribes in this state, other public bodies and any other information sources that the university deems appropriate.
(11) In implementing subsections (7)(a) and (10) of this section, the department and the university shall provide for robust community engagement through a process that:
(a) Ensures, through the use of clear language, graphics, visuals and examples, that the underlying criteria for assigning hazard zones are publicly available and comprehensible to a public audience.
(b) Is interactive and does not consist solely of delivering information in a top-down manner.
(c) Is coordinated with local partners, including counties, relevant state agencies and the Wildfire Programs Advisory Council.
(12) In addition to the community engagement described in subsection (11) of this section, to ensure that local characteristics in each area of this state are considered in the mapping process and before the draft map is released, the department shall meet with county commissioners and the county commissioners’ staff in eight in-person meetings throughout this state.
(13) When the draft map is released but before final publication of the map occurs:
(a) The department shall accept public comment on the map.
(b) After the meetings described in subsection (12) of this section, county commissioners, upon request by the county commissioners, must have one additional opportunity, arranged and scheduled by the Association of Oregon Counties, with either in-person attendance or a hybrid of in-person and remote attendance, to discuss concerns about the map and potential changes to the map.
(14) In maintaining the map, the university shall make technical adjustments as needed and update the map consistent with the results of appeals described in subsection (7)(b) of this section.
(15) The university shall provide technical assistance to representatives of state and local government, and to landowners, that use the map.
(16) Agencies of this state shall, as appropriate, use the map layer described in subsection (9)(d) of this section to:
(a) Direct resources for wildfire hazard reduction and wildfire resiliency to those most in need; and
(b) Assist with identifying communities for extensive, targeted engagement and outreach related to wildfire hazard reduction and wildfire resiliency.
(17) Agencies that use the map layer described in subsection (9)(d) of this section shall conduct outreach:
(a) In partnership with community leaders and community-based organizations;
(b) By using different media;
(c) By disseminating information through local schools, stores, faith-based organizations and medical offices; and
(d) By offering all information in the languages spoken in the relevant community, as practicable. [2021 c.592 § 7; 2023 c.611 § 1]
477.490 to 477.504 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 477 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
FIRE PREVENTION
(Wildfire Risk)