|
Wildland
WILDLAND - STATE RESPONSIBILITY AREA
A Brief Explanation
California law requires a seller to disclose to a prospective transferee
of real property if the property is located within a wildland
area and, if it is, that there may be substantial risk
of forest fires and related hazards and the owner of the property
is subject to certain statutory obligations specified in Public Resources
Code, Section 4291. Disclosure must
be made if:
-
a seller (if acting without an
agent) or the seller's agent has "actual knowledge" that
the property is located within a wildland fire area, OR
-
a map prepared by California
Department of Forestry and Fire Protection (the "DFFP")
that includes the property has been provided to the city
or county, and a notice has been posted at the
offices of the county recorder, county assessor, and county
planning agency that identifies the location of the map and
any information regarding changes to the map received by
the county.
For property located within a wildland area, a seller must also disclose
that:
-
except for property located
within a county which has assumed responsibility for prevention
and suppression of all fires (Public Resources Code,
Section 4129), it is not the state's responsibility
to provide fire protection services to any building or
structure located within wildlands unless the Department
has entered into a cooperative agreement with a local agency
(Public Resources Code, Section 4142);
-
there may be substantial forest
fire risks and hazards; and
-
THE PROPERTY OWNER IS
SUBJECT TO THE IMPOSITION OF FIRE MITIGATION MEASURES
SET FORTH IN THE PUBLIC RESOURCES CODE WHICH MAY SUBSTANTIALLY
IMPACT AND LIMIT CONSTRUCTION AND REMODELING OF IMPROVEMENTS
AND LANDSCAPING (PUBLIC RESOURCES CODE, SECTION 4291).
Pursuant to California Public Resources Code Section 4125 et
seq., which is commonly known as the State Fire Responsibility
Act (the "SFR
Act"), the State Board of Forestry classifies all lands within
the State of California based on factors such as cover,
beneficial use of water from watersheds, probable damage from erosion,
and fire risks and hazards to determine those areas for
which the financial responsibility of preventing and suppressing
fires is primarily the responsibility of the State of California.
The prevention and suppression of fires in all areas which are not
within a state responsibility area is primarily the responsibility
of the local or federal agencies, as applicable.
State Responsibility Areas INCLUDE
those lands which are:
-
covered wholly or in part by
forests or by trees producing or capable of producing forest
products.
-
covered wholly or in part by
timber, brush, undergrowth, or grass, whether of commercial
value or not, which protect the soil from excessive erosion,
retard runoff of water or accelerate water percolation, if
such lands are sources of water which is available for irrigation
or for domestic or industrial use.
-
in areas principally used or
useful for range or forage purposes and are contiguous to the
lands described above.
State Responsibility Areas DO NOT
INCLUDE those lands which are:
-
owned or controlled by the federal
government or any agency of the federal government.
-
within the exterior boundaries
of any city, except a city and county with a population of
less than 25,000 if, at the time the city and county government
is established, the county contains no municipal corporations.
-
located within the State but
do not come within any of the classes specifically described
as being included.
For more information, please contact
the California Department of Forestry and Fire Protection in
Sacramento or visit their internet site at http://www.fire.ca.gov/.
|
|
