County fire warden outlines how HB 41 changes HB 48; fee collection delayed but map appeals start after state explanation

Kane County fire warden Alexander Larson told the County Commission on May 12 that state lawmakers have adjusted HB 48 through HB 41, with four provisions county staff must track.

Larson said Utah will adopt the 2024 edition of the International Wildland‑Urban Interface code and that the county should confirm its local code language will adopt new state rules. "The enactment date for that, it is not required to be enforced until 01/01/2027," Larson said, urging staff to check local code references to ensure automatic adoption where intended.

Larson described the state’s risk scoring system and said local WUI designations may not include areas with a structure-exposure score below 5 without division approval. "You cannot just say your whole county is a WUI area," he said, explaining counties will need to parse maps and, where appropriate, obtain division sign‑off to include lower‑scored areas.

The county will also face a split timeline: the state postponed collection of the high‑risk WUI fee until Jan. 1, 2027, while the lot‑assessment program remains scheduled to be complete by Jan. 1, 2028. Larson warned commissioners that, until lot assessments are completed and certified, properties may be charged a default (highest) fee unless owners request a lot assessment to seek a lower score.

Larson emphasized the counties’ right to appeal specific mapped areas. Once the state issues a written explanation of the buoy map for each county, the 30‑day appeal clock begins. "When that explanation is given, that's when the 30 day clock starts for appeal," he said, and encouraged the commission to review the forthcoming explanation closely so staff can prepare appeals where on‑the‑ground evidence justifies map changes.

Commissioners asked whether county enforcement of existing WUI practices should pause; Larson said enforcement continues and the lot‑assessment and fee schedules are the only items with delayed timing. He also recommended the county consider a countywide WUI declaration and prepare a written justification to avoid a large, targeted GIS review for a small portion of property.

Next steps: staff will verify local ordinance language on automatic adoption, track the state explanation schedule (deadline for the state to provide explanation was stated as Aug. 6), and return with ordinance and implementation options, including whether to pursue whole‑county designation with division approval.