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Butte County reviews state’s draft ‘zone 0’ ember-resistant rule, asks for insurer and science alignment
Summary
Butte County fire and planning officials briefed supervisors on the California Board of Forestry’s draft ‘zone 0’ rule that would require ember-resistant defensible space within 5 feet of structures. Staff outlined options, estimated ~13,000 structures affected, and the board directed staff to seek clearer alignment with insurers and scientific justification for retroactive requirements.
Butte County officials on the Board of Supervisors’ November meeting reviewed a draft regulation from the California Board of Forestry that would require new standards for the area within 5 feet of buildings, known in the draft as "zone 0." Butte County Fire Chief Garrett Schoelen said the rule aims to reduce ember ignitions near homes and would be phased in over three years for existing structures, while applying immediately to new construction.
"The rule will require all property owners in the state responsibility area and very high fire hazard severity zones in the local response area to maintain defensible space around buildings," Schoelen said, describing the draft’s requirements to keep gutters and the first 5 feet free of leaves and combustible materials and to use noncombustible materials for fences or gates attached to buildings.
Schoelen told the board the county’s analysis identified roughly 13,000 structures within the state responsibility area and very-high fire-hazard zones that the draft would affect. He said local governments could propose alternative compliance methods and that historic buildings could qualify for exemptions.
Board members raised concerns about how the draft lines up with insurance requirements and the potential cost of retroactive obligations. One supervisor questioned a suggested 6-inch vertical clearance referenced in the state materials, saying, "How do you retroactively require somebody on a slab to get the 6 inches?" The chief replied the current draft uses guidance language ("should") for existing construction, which limits enforceability, but cautioned that the final rule is not yet complete.
Public commenters also weighed in during the item’s public comment period, urging that the board seek the least burdensome compliance options for rural structures and livestock shelters. County staff noted discrepancies between insurer guidance and the draft regulation and recommended the board ask the state to coordinate rulemaking with insurance industry standards and the scientific basis for specific retroactive measurements.
The board directed staff to prepare a letter asking the Board of Forestry to: clarify scientific justifications for prescriptive retroactive requirements; coordinate with insurers and subject-matter experts to avoid conflicting standards; and identify realistic, locally appropriate compliance pathways for existing homes and atypical structures.
The Board of Forestry’s emergency rulemaking process is advancing rapidly, with notices and an emergency comment period anticipated in early 2026; county staff encouraged residents to submit public comments once the formal notice is issued.
Next steps: staff will draft the suggested county letter and return to the board for review before submission to the Board of Forestry and relevant state agencies.
