SACRAMENTO, Calif. — Following devastating wildfires, including the most deadly in California’s history, state legislators implemented new mandates in 2020 aimed at removing combustible materials, such as dead vegetation and wooden furniture, within 5 feet (1.5 meters) of homes in high-risk zones.
These regulations were scheduled to take effect on January 1, 2023. However, as Los Angeles faces fires that have obliterated thousands of homes, potentially leading to the most financially damaging natural disaster in U.S. history, the necessary regulations are still pending completion. The California Board of Forestry and Fire Protection currently lacks a specific timeline for finalizing these rules.
State Senator Henry Stern, a Democrat, expressed his frustration over the delay, stating, “It’s frustrating at every level of government. I feel like a failure on it, being quite frank.”
Regions affected by the recent Palisades Fire are required to adhere to state standards that necessitate clearing the area around homes of flammable materials. Most locations in question are identified by the California Department of Forestry and Fire Protection as having the highest fire risk. The Palisades Fire, exacerbated by fierce winds, resulted in the destruction of over 5,000 structures across neighborhoods such as Pacific Palisades, Malibu, and Topanga Canyon.
Under the proposed guidelines, homes already in existence would have a three-year period to comply. Experts believe that mitigating the risk ahead of this fire may have benefitted some residences, although the extent of any potential impact remains uncertain. Steve Hawks, a former firefighter now engaged with an insurance research organization that advocated for the law, stated, “We feel really strongly that it would” have made a difference in some instances, noting, “There are no guarantees, of course, particularly when you have a high-intensity wildfire like these.”
Defensible space laws are designed to ensure homeowners in fire-prone areas maintain a barrier around their homes, free of any materials or landscaping that could ignite. California has long enforced some of the most rigorous defensible space regulations in the Western United States. Starting in the 1960s, homeowners in high-risk zones were required to clear flammable items within 30 feet (9 meters). In 2006, the rules were further enhanced to extend the boundary to 100 feet (30.5 meters) around residences.
The latest legislation introduces a new “ember-resistant” area, termed “zone zero,” which prohibits the presence of items like brush, wooden fencing, furniture, and mulch within 5 feet (1.5 meters) from homes. The initiative aims to eliminate materials that could ignite from flying embers during windy conditions, as it is estimated that embers lead to 90% of wildfire-related structure losses. This zone-zero law received bipartisan endorsement after unprecedented fires struck California in 2017 and 2018, one of which decimated the town of Paradise, resulting in numerous fatalities and property losses.
Research indicates that adherence to defensible space standards and home-hardening methods significantly increases the likelihood of a home’s survival during a wildfire. Yana Valachovic, a fire scientist from the University of California’s Cooperative Extension, emphasized the importance of homeowners protecting their residences from fire risks and noted her involvement with CalFire in assessing the recent fire damage in Los Angeles. “I’m hesitant to put a number factor on exactly how much greater survival rate we’ll get,” she remarked, “But, you know, we have to do everything to push the equation.”
The Board of Forestry and Fire Protection confirmed it remains in the “pre-rulemaking phase,” currently seeking funding to assist with potential costs arising from the new mandates. State officials indicated in a recent meeting that draft regulations may not be available until late this year. Despite this delay, CalFire has already encouraged homeowners to adopt zone zero practices through information provided on its website. These recommendations emerged in a report on fire management strategies requested by Governor Gavin Newsom in 2019.
In the past year, lawmakers have also extended the compliance timeframe for existing homes from one year to three years after the adoption of the regulations. Some municipalities and homeowners have begun to take action in advance of the formal requirements. Edith Hannigan, the executive officer of the board, communicated that this matter remains a priority, with staff working diligently to present a draft proposal as soon as possible.
Recently, state officials announced Governor Newsom’s plan to allocate $25 million in his latest budget proposal to help homeowners establish zone zero areas and meet other defensible space criteria. This funding is derived from a $10 billion bond approved by voters in 2024 to support climate change initiatives.
Kimiko Barrett, who conducted a study in 2024 regarding the costs of retrofitting existing homes, indicated that effective strategies include removing dead vegetation from roofs and gutters and substituting bark with pea gravel. Although replacing wooden fencing may incur higher expenses, it can enhance safety measures for residences. “The cost of not doing anything could be far, far greater,” she cautioned.
Discussions around zone zero have been ongoing for approximately a decade, although the concept has not always been met with enthusiasm by stakeholders. Senator Stern, who lost his home to a 2018 fire in Los Angeles, noted the challenges he faces in persuading his family to adhere to these safety measures, remarking that minor changes, such as trimming plants, are often dismissed as trivial.
U.S. Representative Laura Friedman, a Democrat who spearheaded the zone-zero legislation while serving in the state assembly, expressed dissatisfaction with the lengthy rollout process, stating, “It shouldn’t have taken years and years.” She further reiterated her hope that the state will treat the matter with the urgency it merits.
As outlined in the most recent draft, the new regulations will apply immediately to new constructions, while allowing existing homes a three-year compliance window.