Property Rights, Insurance, and Accountability in Focus as Wildfire Policies Evolve
Senate Bill 80 was adopted in the 2023 legislature amending SB762 that established the Wildfire program. This new legislation was to correct the problems that led to the repeal of the original Wildfire Risk Map. The main “course correction” is to change the name of the map from Wildfire Risk to Wildfire Hazard. The number of categories was reduced to three by combining the Extreme and High Risk categories and combining the Low and No Risk. The focus for the map now, is wider areas of land and not specifically focused on each tax lot.
One problem with this approach is that an appeal will be much more difficult as you would need to show that your land and the surrounding lands are not subject to wildfire hazard. Appeals will also be limited to only address mistakes in the agency map designation. Nothing you do to your property will change the Hazard designation. Appeals will now become a “Contested Case” that will involve an Administrative Law Judge and require specific evidence of error on the part of the state. The state staff is of the opinion that few appeals will be granted.
A major issue with the original law is that mandatory defensive space is required to modify vegetation with inspections by the State Fire Marshal. This applies to the High Hazard lands in the Wildland Urban Interface. The new laws do not change this requirement. The Fire Marshal has started a program for voluntary inspections for now. No specified time is scheduled to change from voluntary programs to mandatory inspections.
SB82 was adopted to require insurance companies to justify and inform property owners of changes in premiums or cancellations. The State Insurance Commissioner is supposed to investigate complaints for changes. However, there are still reports of changes and cancellations still occurring.
Now is the time to contact legislators and people running for office to see what their position is to protect property rights, property values, insurance costs, mandated inspections of your property and how the fire programs in Oregon will be funded. During election season is the time to determine who best represents your interests and deserves your support.