9-1-19-48A: POLICY 48 (ABSOLUTE) VOLUNTARY DEFENSIBLE SPACE:
A Class D minor development permit may be issued to authorize a landowner to voluntarily create defensible space around his or her building or structure, or on the landowner's parcel of land, in accordance with the following requirements: (Ord. 1, Series 2014)
A. The intent of this policy is as follows:
1. To allow landowners to voluntarily reduce fuels that can feed a fire. This will reduce the chance of a structure fire spreading to the surrounding forest or other lands or structures.
2. To allow landowners to voluntarily provide areas around their structures or on their land where fire suppression personnel and equipment can more effectively fight fires.
3. To protect life and property.
4. To encourage the development of new diverse forests.
5. To preserve visual buffers to the greatest extent possible consistent with the ability of a landowner to voluntarily achieve defensible space in accordance with this policy.
6. To protect the town's scenic backdrop which is vital to the economic well being of the town and its citizens.
This policy shall be interpreted and applied consistently with this intent.
B. Prior to issuing a development permit authorizing the voluntary creation of defensible space the director or the fire district shall conduct a physical inspection of each building, structure, or property that is the subject of the application.
C. Properties that are located within the Downtown Core, and those master planned properties with approved setbacks smaller than the setbacks described in section 9-1-19-9A of this chapter, Policy 9 (Absolute) Placement of Structures, shall be given special consideration to allow for site buffers and screening to be created, maintained, and protected while still meeting the intent of reducing wildfire fuels.
D. The following standards shall apply to an application for the voluntary creation of defensible space:
1. The property shall be divided into four (4) zones shown in the table below. The zones shall measure from the eaves of the building or structure including attached structures or protrusions, such as a deck on the property.
Zone | Distance |
|---|---|
Immediate Zone | 0' to 5' |
Intermediate Zone | 5' to 30' |
Extended Zone 1 | 30' to 60' |
Extended Zone 2 | 60' and greater |
2. Except as may be required to comply with the requirements of title 5, chapter 11 of this Code concerning mountain pine beetle infested trees, no portion of any property may be "clear cut" in order to achieve defensible space.
3. Except as may be required to comply with the requirements of title 5, chapter 11 of this Code concerning mountain pine beetle infested trees, no more trees shall be allowed to be removed than are necessary in order for the landowner to create defensible space around his or her property.
4. In reviewing an application for the voluntary creation of defensible space the director shall consider both the horizontal clearance between aerial fuels, such as the outside edge of the tree crowns or high brush, as well as the vertical clearance between lower limbs of aerial fuels and the nearest surface fuels and grass/weeds.
5. Each property that is the subject of an application for the voluntary creation of defensible space shall be reviewed individually, and the location and other physical characteristics of the property shall be considered. Without limiting the generality of the preceding provisions, the director shall consider the property's proximity to a roadway, parking lot, and other similar areas that create fuel firebreaks. Similarly, large tracts of open space and forest service land that may require larger buffers shall be considered.
E. Immediate Zone: The following specific standards apply to the creation of defensible space within the immediate zone (0 feet – 5 feet):
1. All dead and diseased trees, shrubs, and other landscaping materials shall be removed.
2. All vegetation and combustible and flammable material shall be removed from under all eaves, decks, and other architectural features. This includes, but is not limited to, mulch, combustible ground debris, flammable plants, leaf and needle clutter, and firewood piles.
3. All grasses and ground cover shall be kept under 6 inches in height; provided, however, plantings in irrigated planting beds, wildflowers or native grasses may exceed 6 inches during the time the irrigation system is operable only. All plantings in irrigated planting beds must be cut when the irrigation system in no longer operable.
4. All flammable vegetation, such as trees and shrubs, shall be removed from the first 5 feet extending from the edge of the structure, eaves, decks, and other architectural features, however, properties defined by section 9-1-19-22A(C)(2) shall be given special consideration to allow for site buffers and screening to be created, maintained, and protected while still meeting the intent of reducing wildfire fuels.
5. Additional firewise landscaping material is encouraged and may be authorized by the development permit.
6. To prevent fire spreading by coming in direct contact with structures, a noncombustible, horizontal layer, known as a rock dripline, may be implemented. The following specific standards apply:
a. Properties Located Within the Downtown Core: It is encouraged that structures implement a horizontal clearance area starting at the structure's siding and extending the distance of the eave overhang, or a maximum of 3 feet to reduce structural ignitability. The clearance area should utilize non-combustible material, such as rock, gravel, sand, cement, or stone/concrete pavers.
b. Properties Located Outside of the Downtown Core: It is encouraged that structures implement a horizontal clearance area starting at the structure's siding and extending the distance of the eave overhang, or a maximum of 5 feet to reduce structural ignitability. The clearance area should utilize noncombustible material, such as rock, gravel, sand, cement, or stone/concrete pavers.
F. Intermediate Zone: The following specific standards apply to the creation of defensible space within the intermediate zone (5 feet – 30 feet):
1. Healthy trees, shrubs, and other landscaping materials that provide visual buffers shall be preserved if they are well spaced so as to reduce the risk of a fire spreading to other vegetation or structures, but shall be pruned to remove dead branches.
2. Healthy trees, shrubs, and other landscaping material required by a town approved landscape plan shall be preserved if they are well spaced so as to reduce the risk of a fire spreading to other vegetation or structures, but shall be pruned to remove dead branches.
3. Other healthy firewise trees, shrubs, and other landscaping material shall be preserved if they are well spaced so as to reduce the risk of a fire spreading to other vegetation or structures, but shall be pruned to remove dead branches.
4. Irrigated trees, shrubs, and other landscaping material may be preserved if they are pruned to remove dead branches and well spaced to reduce the risk of a fire spreading to other vegetation or structures.
5. All dead and diseased trees, shrubs, and other landscaping material shall be removed.
6. All leaf clutter, dead branches, and dead standing trees shall be removed from the property. Dead branches on living trees shall be trimmed to a minimum height of 6 feet and a maximum height of 10 feet above the ground.
7. All grasses and ground cover shall be kept under 6 inches in height; provided, however, plantings in irrigated planting beds, wildflowers or native grasses may exceed 6 inches during the time the irrigation system is operable only. All plantings in irrigated planting beds must be cut when the irrigation system in no longer operable.
8. All leaf and needle clutter and combustible ground debris shall be removed. Mulch within landscape beds that are irrigated may be maintained at a maximum depth of 3 inches.
9. All firewood shall be removed unless covered by a canvas tarp, or as approved by the fire district.
10. Additional firewise landscaping material is encouraged and may be authorized by the development permit.
G. Extended Zone One: The following specific standards apply to the creation of defensible space within the extended zone one (30 feet – 60 feet):
1. Healthy trees, shrubs, and other landscaping materials required by a town approved landscape plan shall be preserved.
2. Healthy trees, shrubs, and other landscaping materials that provide visual buffers shall be preserved if they are well spaced so as to reduce the risk of a fire spreading to other vegetation or structures, but shall be pruned to remove dead branches.
3. Other healthy firewise trees, shrubs, and other landscaping materials shall be preserved if they are well spaced so as to reduce the risk of a fire spreading to other vegetation or structures, but shall be pruned to remove dead branches.
4. Irrigated trees, shrubs and other landscaping materials may be preserved if they are pruned to remove dead branches and are well spaced to reduce the risk of a fire spreading to other vegetation or structures.
5. All dead and diseased trees, shrubs, and other landscaping materials shall be removed. However, one (1) snag per acre may be preserved for wildlife habitat if it is well spaced to avoid the spread of fire to other vegetation or structures.
6. Trees shall be thinned to open up crown spacing to a minimum of 12 feet between the widest portion of individual crowns of the trees.
7. Groups of trees with a minimum of 12 feet between the edges of the widest portions of crowns of each grouping shall be preserved to allow buffers to remain and to prevent wind throw.
8. Firewood may be maintained if an adequate buffer around the firewood is determined to exist by the fire district.
9. Additional firewise landscaping material is encouraged and may be authorized by the development permit.
H. Extended Zone Two: The following specific standards apply to the creation of defensible space within the extended zone two (60 feet and greater):
1. All dead and diseased trees, shrubs, and other landscaping material shall be removed. However, one (1) snag per acre may be preserved for wildlife habitat if it is well spaced to avoid the spread of fire to other vegetation or structures.
2. Additional firewise landscaping material is encouraged and may be authorized by the development permit.
I. The director has the authority from time to time to adopt, amend, alter and repeal administrative rules and regulations as necessary for the proper administration of this policy. Such regulations shall be adopted in accordance with the procedures established by title 1, chapter 18 of this Code. The director's administrative rules may include, without limitation, spacing guidelines for trees, shrubs, and other vegetation and, if adopted, shall provide that the allowed distances between vegetation will depend on slopes, vegetation size, vegetation type (trees, shrubs, grass), and other fuel characteristics (including, but not limited to, fuel compaction and chemical content). In the event there is a conflict between these rules and regulations and the ordinance, the ordinance shall control.
J. Trees, shrubs, and other landscaping authorized by the director to be voluntarily removed by the landowner in order to achieve the required defensible space shall be clearly identified in the field and photographed or located by global positioning satellite software by the director.
K. The fire district may assist the director in administering this policy if authorized by an intergovernmental agreement with the town. The intergovernmental agreement shall be consistent with the development code.
L. Downtown Core Map: Properties that have been identified within the Downtown Core Map feature different fire risk characteristics compared to areas outside of the commercial core. Due to the existing tight urban development pattern and character defining aesthetics encompassed by the National Register Historic District, further consideration must be given to best comply with the intent of the standards outlined above. For example, a limited number of plantings within the immediate zone would be able to be installed, maintained, and preserved within this delineated area. (Ord. 27, Series 2009; amd. Ord. 11, Series 2024)