Copperton planning commission advises council not to adopt state-mandated WUI ordinance (HB 48)

The Copperton Planning Commission voted at its Dec. 3 meeting to advise the town council against adopting the state-mandated Wildland-Urban Interface (WUI) ordinance required by House Bill 48.

Planning staff told the commission that HB 48 requires municipalities to adopt a WUI code and an associated risk map. Staff said the town’s proposed approach narrows the code’s application to areas rated 7 or higher on the state’s risk map and that school sites were intentionally excluded from the mapped area. "HB 48 required us to every community to adopt the WUI ordinance," the presenter said, and staff described the recommended 7+ threshold and the map’s north-hills footprint.

The commission’s decision followed comments from residents and commissioners questioning the map’s accuracy and currency. John Johnson, who provided his name and address for the record, said several residents had policies canceled earlier in the year; he told the commission that insurers were using actuarial tables to reassess risk and that some locals had lost coverage. "There were several people in town ... who were canceled by their insurance companies," Johnson said during public comment.

Commissioners also discussed whether the state can require adoption and whether adopting the map would meaningfully change insurers’ behavior. A commissioner providing legislative context said the law followed major California wildfires and aims to identify high-risk areas and limit the ripple effects on insurance markets. Others questioned the underlying data, noting staff reported the map’s inputs dated to roughly 2017–2018 and that local development can reduce risk ratings.

Following discussion, the commission made and passed a motion—by voice vote as recorded in the meeting—that the council be advised not to adopt the required ordinance. The chair stated, "The ayes have it," and announced the recommendation that the town council not adopt the ordinance. The transcript does not record a numeric roll-call for that particular motion; the commission’s recommendation is advisory and will go to the council for final action.

What happens next: The commission’s recommendation will be forwarded to the town council, which holds the legal authority to adopt or reject the WUI ordinance and any local map. The commission noted the town retains discretion about the map’s local applicability and that separate state mapping and fee provisions (described by staff as part of a forthcoming definitive map) could create different consequences, including a potential fee tied to the state’s higher-risk designation.