SENATE BILL REPORT

ESB 6299

BYSenators Metcalf, Owen, Vognild, Barr and Conner

Revising provisions on forest protection.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):January 19, 1988

Majority Report:  Do pass as amended.

      Signed by Senators Metcalf, Chairman; Smith, Vice Chairman; Barr, Benitz, DeJarnatt, Kreidler, Owen, Patterson, Rinehart.

Senate Staff:Kaleen Cottingham (786-7415)

                  January 19, 1988

AS PASSED SENATE, FEBRUARY 8, 1988

BACKGROUND:

The Department of Natural Resources protects over 12.5 million acres of forest land from fire.  In the context of fire protection, "forest land" is defined specifically to exclude structures.  Despite this mandate of forest land protection rather than structural protection, many residents still believe that the DNR is responsible for the suppression of house fires in forested areas.

This problem has become more apparent over the past two summers as a result of the Barker Mountain and Hangman Hills fires.  This problem is expected to increase with the increasing trend toward suburban, rural and recreational developments in forested areas.

The responsibility for fire suppression in developments in forested areas is frequently shared between DNR and rural fire protection districts.  This sharing, however, does not have clearly stated statutory authority nor mandated coordination of effort.

SUMMARY:

The fire protection and suppression responsibility in residentially developed forest areas is delineated so that the DNR protects forest land and suppresses forest fires and that the rural fire districts and municipal fire departments protect improved property and suppress structural fires.  The DNR is directed to establish a procedure to work with these other fire control agencies to define geographic areas and boundaries of responsibility.

The zones identified as DNR responsibility are called "forest protection zones."  Forest land which, by consent, is excluded from this zone shall not be assessed for forest fire protection by the DNR.  These zones shall, after agreement with affected local fire protection agencies, be established by rule under the Administrative Procedure Act.

It is clearly stated that managers or owners of all nonfederal public forest lands (such as the Department of Wildlife) within a "forest protection zone" shall pay the forest protection and suppression assessments.

The declaration of a forest fire as a public nuisance is clarified so that the DNR's responsibility covers suppression of fire on or threatening forest land within a fire protection zone.

A new program is established by the DNR to provide matching funds for rural fire districts serving less than 10,000 people to purchase supplies and equipment.

Counties with comprehensive land use plans shall include the consideration of fire hazard in high-risk forested areas.

Appropriation:    $48,000 from the general fund to DNR

Revenue:    none

Fiscal Note:      requested January 12, 1988

Senate Committee - Testified: Art Stearns, DNR; Bob Dick, WFPA