Home > Legislative Tracker > forest health

Forests:
forest health

Our Position: oppose
Bill Number: HB2826
Sponsor: Chase, Jarrett
Legislative Session: 2006 Legislative Session

HB2836 is illegal, ineffective and irresponsible.  It will not protect homes and communities from fire, but will instead direct the State Forester to do something that is likely contrary to federal law and would put the public’s safety at risk.

The bill directs the state forest to negotiate memoranda of understanding with the Forest Service to authorize adjacent landowners whose property is in compliance with the wildland-urban interface practices and standards recommend by the state wildland-urban fires safety committee, to clear the “overgrowth of trees and other forest plants” on our national forests.  It is unlikely the forest would or could agree to this because of concerns about safety, liability, and their contract laws. 

Status

Action Needed

Contact

Background

There are no wildland-urban interface practices and standards that have been recommended by the state wildland-urban fire safety committee, as the bill requires.  How is the committee that has never met going to establish these by June and furthermore, how is the State Forester going to negotiate memoranda of understanding in that short period of time?  If this measure moves through the process, it would likely not get to the Governor for another two weeks.  That puts us well into the middle of April.  That would not allow nearly enough time to negotiate something.

There are huge safety issues with the bill as well.  The last thing we need in our national forests is people dropping trees on their neighbors or their neighbors’ property.  The bill confers the liability on the person who is logging the trees, but it does not require any kind of additional liability insurance, which would likely be necessary should this measure ever be implemented.  Even to hold an event at the Arizona Legislature, organizations need at least one million in liability insurance.  Cutting down trees in the forest near homes and communities is a lot more risky than speaking at a lectern on the House lawn.

We recommend that the Legislature help fund community wildfire protection plans and assist private land owners with clearing their own property as the most effective means of protecting homes and communities from fire.  This could include providing funding for local fire departments to assist with thinning and other Fire wise activities.  The Legislature should also urge the Congress and the President to provide adequate funding for thinning and prescribed burning in areas within one-quarter mile of communities.

We can help individuals protect their homes by assisting them with treating the “home ignition zone” within 20-60 meters (66-220 feet) of the house where they should:

·   Use fire-resistant materials in the construction of houses, especially roofs.

·   Prune lower limbs of trees adjacent to the house.

·   Remove flammable woody debris and move firewood away from the house.

·   Clean roofs and gutters of dead branches, leaves and needles.

·   Thin trees from dense groups within 60 meters (200 feet) of the house.

·   Mow grasses, rake needle litter and prune ornamental shrubs.

·   Clean roofs and gutters of dead branches, leaves and needles.

We strongly urge the legislature to reject this measure and to instead work with individual property owners, communities, fire departments, the State Forester, the Forest Service, and conservationists to help really protect communities from fire and to protect our public lands for future generations.