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Bill to prevent local rules from blocking defensible-space wildfire measures gets committee review
Summary
A House bill that would bar local ordinances from preventing homeowners from creating Wildland-Urban Interface (WUI) defensible space was presented and drew questions on HOA authority, outdated WUI maps and city concerns; the sponsor agreed to work with cities and the League before a committee vote.
Representative Sam Peterson introduced House Bill 215, saying the bill would prevent cities or counties from enforcing ordinances that forbid residents from clearing vegetation required by the Wildland-Urban Interface (WUI) code to create defensible space around structures. "The intent is that we will allow people to comply with the WUI code," Peterson said, adding he plans to work with affected municipalities to refine language.
The committee asked detailed questions. Representative Ward asked how large defensible-space zones typically are; the sponsor replied that the standard is typically about 100 feet but depends on vegetation and the structure. Vice Chair Tracy Miller and Representative John Arthur raised concerns about the accuracy of the WUI maps; the sponsor acknowledged that the maps are "terribly outdated" and said a separate bill (HB41) is intended to address mapping.
Members also asked whether homeowners associations (HOAs) could still prohibit property owners from clearing vegetation. The sponsor said the bill's intent is to eliminate prohibitions that would prevent compliance with the WUI code and noted he will work with stakeholders so cities and HOAs can be addressed in draft language.
Public testimony included support from a representative of the Utah Home Builders, who told the committee the change "makes total sense," and a comment from Jared Tingey of the Utah League of Cities and Towns, who said several cities have concerns but are working with the sponsor to resolve them.
The committee did not take a final vote on HB215 that day. Members urged the sponsor to collaborate further with city officials, the League and HOA stakeholders to address language on retreats, emergency exceptions and the interaction with local ordinances. Representative Sam Peterson said he could meet with stakeholders and return with clarified language at the next committee meeting.
The committee moved on to the next agenda item without adopting or reporting HB215 out of committee.
