No. 28770 (New Rule): R652-123. Exemptions to Wildland Fire Suppression Fund

DAR File No.: 28770
Filed: 06/01/2006, 09:54
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule is to enact the provisions of S.B. 65 of the 2006 General Session which changes the formula for calculating the county's payment into the fund and allows for exempt areas based on criteria developed in rule by the Division. (DAR NOTE: S.B. 65 (2006) is found at Chapter 152, Laws of Utah 2006, and was effective 05/01/2006.)

 

Summary of the rule or change:

This rule develops criteria and a process that a county can use to nominate and evaluate areas to be declared exempt from the calculations used in determining the county's payment into the Wildland Fire Suppression Fund. This rule also provides for reporting by the county, notification and validation and final determination procedures by the Division and an appeal process for the county.

 

State statutory or constitutional authorization for this rule:

Subsections 65A-8-6.4(1) and 65A-8-6.2(2)(b)

 

Anticipated cost or savings to:

the state budget:

The intent of the bill is to be revenue neutral. The increase in the mil levy for the value of property protected is to be offset by the subsequent exempt areas not contributing to the Wildand Fire Suppression Fund. The state's matching contribution to the fund depends on the level of participation by the counties.

 

local governments:

The intent of the bill is to be revenue neutral. The increase in the mil levy for the value of property protected is to be offset by the subsequent exempt areas not contributing to the Wildand Fire Suppression Fund.

 

other persons:

There is no impact to other persons. The Wildland Fire Suppression Fund gets its funding from the county's assessments and state general funds to match. No private funds are used.

 

Compliance costs for affected persons:

It is anticipated that some county's assessment will go up, while other county's assessment will go down.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

Because this rule affects the counties and state only, there will be no fiscal impact on businesses. Michael R. Styler, Executive Director

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Forestry, Fire and State Lands
1594 W NORTH TEMPLE
SUITE 3520
SALT LAKE CITY UT 84116-3154

 

Direct questions regarding this rule to:

Dave Grierson at the above address, by phone at 801-538-5504, by FAX at 801-533-4111, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/20/2006

 

This rule may become effective on:

09/30/2006

 

Authorized by:

Joel Frandsen, Director

 

 

RULE TEXT

R652. Natural Resources; Forestry, Fire and State Lands

R652-123. Exemptions to Wildland Fire Suppression Fund.

R652-123-100. Authority.

This rule implements Subsection 65A-8-6.4(1) which authorizes the Division of Forestry, Fire and State Lands to make rules to administer the Wildland Fire Suppression Fund, including rules to determine whether an acres or real property is eligible for the exemption provided in Subsection 65A-8-6.2(2)(b).

 

R652-123-200. Definitions.

1. "Accessible" - an area is considered accessible if the roads are paved, and are 20 feet wide, and has a overhead clearance of 13 1/2 feet and has a maximum slope of 10%. A Type I fire engine, as defined in this rule, must be able to access and negotiate the roads and work safely throughout the entire area.

2. "Hydrant system" - A water distribution system consisting of pipes, hydrants, and pumps used for fire suppression, with the following specifications:

a. A six inch supply feed

b. A capacity of delivering 1000 gallons per minutes at 20 pounds per square inch for two hours at each hydrant. Flow will be verified with flow test documentation.

c. Maximum hydrant spacing is no greater than 500 lineal feet.

3. "Fire Barrier" - continuous, delineated, unbroken separation of land between the wildland and the nominated area, clear of wildland vegetation where wildland fire will not carry, and that is a permanent, definable, and substantial separation. Such barriers can include but is not limited to irrigated golf courses, lakes, highways, rivers and others deemed adequate by the Division.

4. "Predominant Vegetation" - type of vegetation that provides the majority of plant cover in an area such as woody shrubs, grass, trees.

5. "Type I fire engine" - A vehicle used for fire suppression that meets National Fire Protection Association (NFPA) 1901 Standard for Automotive Fire Apparatus.

6. "Urban Vegetation" - vegetation that is managed, maintained, and irrigated in a manner that will not allow for the propagation and spread of a fire over the landscape during anytime of the year.

7. "Wildland" - an area in which development is essentially non-existent, except for roads, railroads, power lines, and similar transportation facilities. Structures, if any, are widely scattered.

8. "Wildland Vegetation" - naturally occurring vegetation that is not managed, maintained and irrigated or vegetation that when cured (low live foliar moisture content), may be capable of carrying fire over the landscape.

9. "Wildland Urban Interface" -A geographical area where structures and other human development meets or intermingles with undeveloped wildland.

 

R652-123-300. Nomination of Exempt Areas.

For the covered year of 2007, a county may request that an area be exempt from its assessed payment into the Wildland Fire Suppression Fund by petitioning the Division on a Division approved form (Petition for Area Exemption) by September 1, 2006. For all subsequent years, the county's petition must be filed by July 1 of the year prior to the March 15 payment date. The petition shall include:

a. A description of the area including:

i. an ortho-photo quad of the area to be considered

ii. A topographic map of the area to be considered

b. An explanation with supporting documentation indicating the area meets the criteria to be exempt, with fuels, response time, access, and water availability addressed.

c. Detailed documentation of the taxable value of real property in the area to be exempt.

d. A signature of a county commissioner.

 

R652-123-400. Qualifying and Evaluating Exempt Areas.

1. The Division shall check for completeness of the Petition for Area Exemptions and acknowledge the receipt of the petition by date stamp.

2. The Division shall inspect the area in the petition and evaluate the nomination using the following criteria:

a. The area must be in the unincorporated area of the county, and

b. The predominant vegetation in the area is considered urban vegetation or if the predominant vegetation is wildland vegetation, there exists a fire barrier as defined in this rule between the nominated area and the wildlands, and

c. The response time of the local fire department having jurisdiction is fifteen minutes or less, and

d. The area is accessible as defined in this rule throughout the entire area such that a Type I fire engine can maneuver and work safely anywhere in the nominated area, and

e. The area is serviced by a hydrant system as defined in this rule.

 

R652-123-500. Notification of Exempt Areas.

1. The Division will make a final determination of exempt areas.

2. For all requests made by September 1, 2006 for the following year, the Division will notify the county commission by November 30, 2006 of those areas that were determined to be exempt, and which areas were determined to be non-exempt. For all subsequent years, the Division will give such notification by September 30.

3. The county may appeal the decision as defined in R652-8 Adjudicative Proceedings.

4. County expenditures for fire suppression that occur within areas that have been designated as exempt, are not considered Normal Fire Suppressions Costs as defined in R652-121-200(2) and will not be calculated as part of the county's approved fire suppression budget.

 

R652-123-600. Reporting.

Counties shall provide an annual report to the Division by March first listing:

a. A detailed listing of the taxable value of real property (land and buildings) in the exempt area of the county,

b. The total acreage of unincorporated land and the total exempt acreage of unincorporated land.

c. Any annexations of unincorporated lands by a town or city

d. County expenditures for fire suppression that occur within areas that have been approved by the Division as exempt

e. Existing exemptions from previous years

 

KEY: exemptions to wildland fire suppression fund, administrative procedures

Date of Enactment or Last Substantive Amendment: 2006

Authorizing, and Implemented or Interpreted Law: 65A-8-6.4(1); 65A-8-6.2(2)(b)