Zone 0 Defensible Space Regulations On The Horizon

By David Hamerslough and Victoria B. Naidorf

Background

Legislation passed in 2020 and 2024 created a new Zone 0 Defensible Space requirement. Zone 0 was created to focus on wildfire safety actions for the first five feet around homes and structures. This was a new zone in addition to existing Zone 1 (five to 30 feet) and Zone 2 (30 to 100 feet). Regulations regarding Zones 1 and 2 have already been adopted and are part of a property owner’s Defensible Space obligations.

This legislation required the State Board Of Forestry And Fire Protection to adopt regulations regarding the requirements for Zone 0. These regulations were to have been approved by December 2025, and it was anticipated that they would be adopted and released in 2026. The subcommittee tasked with doing so recently met and continues to work on these regulations. Once the subcommittee completes its recommendations, those will be submitted to the full State Board Of Forestry And Fire Protection for consideration and approval. The subcommittee did not provide any timeline with respect to when they would finalize their proposed regulations. However, given an executive order issued by Governor Newsom that called for these regulations to be finalized by December 2025, final recommendations are expected in the last half of 2026.

What The Zone 0 Regulations Require

The rule requires all property owners in State Responsibility Areas (SRAs) and Very High Fire Hazard Severity Zones (VHFHSZs) in Local Responsibility Areas (LRAs) to reduce combustible materials within the first five feet of homes and other structures. Local fire agencies may implement alternative requirements, including more stringent ones, based on local variations and conditions provided that they have practical effects substantially similar to those resulting from the regulations.

A memo published by the subcommittee states that implementation of these rules for new construction will be required upon adoption of the regulations, but for existing homes and structures, implementation is anticipated to occur in phases. The memo describes these phases for existing homes and structures as follows:

1. “Phase 1 (implemented within the first three years): includes removing combustible items such as firewood, dead leaves and branches, mulch, and wood chips within five feet of the structure. Cleaning gutters, removing dead and dying plants, trimming trees according to regulations, and implementing or adjusting for allowable vegetation during this time period.”
2. “Phase 2 (implemented within five years, with the exact timeline to be decided by the local jurisdiction): local jurisdictions will assign a timeline, within five years of the effective date of the regulations, for the creation of an under-eave safety zone, replacing combustible gates, and making any necessary adjustments to sheds and fencing.”

   “Phase 2 focuses on the area closest to the building referred to as a non-combustible ‘safety zone.’ This phase is designed to protect the most vulnerable parts of a structure – such as the base of the wall, windows, decks, and eaves, while still allowing for some flexibility based on the attributes of the home or structure.” This non-combustible immediate “safety zone” flexes with the width of the eave of the home. For example, if the structure has 12-inch eaves, the safety zone is 12 inches in width. On the other hand, if the structures has 36-inch eaves, the safety zone is 36 inches in width.

For further details on what vegetation, improvements, etc. that will be allowed in these two phases of Zone 0, please refer to the memorandum from the subcommittee. It is located on the State Board Of Forestry And Fire Protection website.

What Buyers And Sellers Need To Consider With Respect To Zone 0

 The subcommittee has not completed its analysis and final recommendations. What is discussed in this article is subject to change and the final adoption by the State Board Of Forestry And Fire Protection.

1. The best resource for what will and will not be required and under what circumstances will be the final recommendations adopted by the full Board, recognizing that local fire agencies may authorize or require alternative practices, including ones that might be more stringent than the state regulations.
2. Compliance with any regulations is currently not tied to the transfer of real property. Whether this will change is something to monitor.
3. These laws do not alter the existing rules regarding inspections at the state level. Defensible space inspection practices and forms or enforcement of Zone 0 requirements cannot be changed by CalFire until the State Fire Marshal determines that funding for such inspections is available. This will require that the State Fire Marshal make a written finding based on the legislature having appropriated sufficient resources for any such inspections.
4. Sellers and buyers should consider the impact of Zone 0 regulations, including on the ability to obtain insurance coverage, the cost and timing of compliance, and any aesthetic issues that compliance may create regarding a home and property.
5. Buyers who are interested in investigating issues relating to Zone 0 should recognize that contingencies for both the availability of insurance and an investigation into the condition of the property may be involved, depending on the buyer’s needs and wants.