Kane County fire warden briefs commissioners on HB41; fee collection delayed, counties given appeal window

Kane County fire warden Alexander Larson told the county commission on May 12 that the state’s HB41 carries forward several technical changes from HB48 and will require counties to adopt the 2024 edition of the International Wildland‑Urban Interface (WUI) code. "The saga of HB 48 continues in the form of HB 41," Larson said, summarizing four main points for commissioners.

Larson said the law sets a Jan. 1, 2027 enforcement date for the new code and that counties must adopt the 2024 WUI code within two years. He also outlined the state’s high‑risk mapping and appeals process: the division will provide a county‑specific explanation of the high‑risk map, which triggers a 30‑day appeal window; Larson said the division set a target date of Aug. 6 for providing that explanation. "When that explanation is given, that's when the 30‑day clock starts for appeal," he said.

The county will also see a delay in state collection of the high‑risk WUI fee. Larson described the postponement as partial relief: "Counties will no longer assess and collect the high risk WUI fee in 2026. That will start 01/01/2027," he said. He added that the lot‑assessment program continues unaffected and that lot assessments must be completed by Jan. 1, 2028.

Commissioners pressed Larson on details commissioners and staff will need to implement the program locally, including how lot assessments and fee collection will work in practice. One commissioner asked how a county could be expected to collect a fee if individual lots have not yet been assessed; Larson said properties would be assigned a high‑risk default until a lot assessment is requested and completed. "Unless you requested a lot assessment, you're gonna get hit with the highest fee," a participant recalled from an earlier state meeting Larson cited.

Larson recommended the county consider declaring most or all of Kane County a WUI area to avoid a costly parcel‑by‑parcel GIS effort, saying most of the county already exceeds the state’s risk score threshold. He also advised the commission that the lot‑assessment certification process is still being developed at the state level and that county staff will be able to attend a state certification class once that system is complete.

Why it matters: The changes alter local building code enforcement, create a new state‑level fee stream and a state‑administered lot‑assessment system that could affect property owners’ costs and county administrative workload. The appeal window and the county‑level explanation are immediate action items for county staff.

Next steps: Larson said he will notify the commission when the division issues the county explanation so the county can prepare appeals where warranted. Commissioners discussed asking the county attorney and planning staff to draft an ordinance or administrative path to adopt the 2024 WUI provisions and to plan a special meeting after the state explanation is released.