Miscellaneous Planning-Related Laws

Additions and deletions to the code sections for 1998, 1999 and 2000 have been noted in the text. Additions (with the exception of section numbers and headings) are noted by bold-faced type, while asterisks (***) denote the deletion of punctuation, words, phrases, sentences, or paragraphs.

 

Safety Element Review - Fire Protection

(Excerpts from Public Resources Code)

 

Chapter 1. Prevention and Control of Fires

Article 3. Responsibility for Fire Protection

 

700. Definitions

As used in this chapter:

(a) "Board" means the State Board of Forestry.

(b) "Department" means the Department of Forestry and Fire Protection.

(c) "Director" means the Director of Forestry and Fire Protection.

(Amended by Stats. 1988, Ch. 160.)

 

4125. State responsibility areas

The board shall classify all lands within the state, without regard to any classification of lands made by or for any federal agency or purpose, for the purpose of determining areas in which the financial responsibility of preventing and suppressing fires is primarily the responsibility of the state. The prevention and suppression of fires in all areas which are not so classified is primarily the responsibility of local or federal agencies, as the case may be.

(Added by Stats. 1965, Ch. 1144.)

 

4128.5. Safety element submittal; review period; consideration of comments

(a) It is the intent of the Legislature that decisions affecting the use of land in state responsibility areas result in land uses which protect life, property, and natural resources from unreasonable risks associated with wild land fires.

(b) At least 90 days prior to the adoption or amendment to the safety element of its general plan, the planning agency of each county which contains state responsibility areas shall submit the draft element or draft amendment to the board and to every local agency which provides fire protection to unincorporated territory in the county. The board shall, and a local agency may, review the draft and report its written recommendations to the planning agency within 60 days of its receipt of the draft. The board and local agency shall review the draft for consistency with the intent of this section. The board and local agency may offer written recommendations for changes to the draft which would make the draft consistent with the intent of this section.

(c) Prior to the adoption of its draft element or draft amendment, the board of supervisors of the county shall consider the recommendations made by the board and any local agency which provides fire protection to unincorporated territory in the county. If the board of supervisors determines not to accept all or some of the recommendations, if any, made by the board or local agency, the board of supervisors shall communicate in writing to the board or local agency its reasons for not accepting the recommendations. The communication shall explain how its decisions affecting the uses of land and policies in state responsibility areas will protect lives, property, and natural resources from unreasonable risks associated with wild land fires.

(d) If the board’s or local agency’s recommendations are not available within the time limits set by this section, the board of supervisors may act without them. The board of supervisors shall take the recommendations into consideration at the next time it considers future amendments to the safety element.

(Added by Stats. 1989, Ch. 778.)