South Lake Tahoe sets aggressive defensible space guidelines with new ordinance

SOUTH LAKE TAHOE, Calif. - A new ordinance is now in place in South Lake Tahoe that establishes a progressive hazardous vegetation and combustible
material abatement program in the city limits. With several fires already burning in California, 2024 could be a big fire year, and maintaining defensible space around homes and businesses could be key to staying free of fire in the community.

Fire Chief Jim Drennan and Fire Marshal/Battalion Chief Kim George have worked on the new rules approved by the City Council through a second reading on Tuesday, June 18 and it will take effect on July 18, 2024.

Businesses and homeowners are required to keep their properties clear of the accumulation of weeds, grasses, shrubs, dormant brush, slash, tree limbs, hazardous vegetation and combustible materials on all improved parcels and designated unimproved parcels within the city and maintenance of those parcels to prevent vegetation from growing back.

Homeowners must maintain a space within five feet of their structure without vegetation or material that would propagate fire though mature trees are allowed. This is stricter than most other jurisdictions though state law may change with AB 3074 at the end of 2024.

Materials that need to be more than five feet away from homes include wood piles, storage sheds, and hot tubs - anything flammable.

Property owners must also keep 100 feet from their homes as a defensible space and clear of flammable materials.

When a house is sold, the sellers must obtain a defensible space inspection report from an enforcement official that the property complies with the ordinance and provide a written report to the buyer at or before the close of escrow.

Juniper plants are popular in South Lake Tahoe as they are versatile and drought-tolerant shrubs. They are also one of the biggest fire threats anyone could have and are sometimes referred to as a "gasoline bush" by firefighters. They are lined along US50 and fire evacuation routes, in front of businesses, and many yards because of their hardiness. Captain George said she'd like to see them all gone from South Lake Tahoe.

Prohibited: A responsible person shall not dump, nor permit the dumping of weeds, grasses, hazardous vegetation, refuse, or other combustible material, nor shall a responsible person permit the accumulation of weeds, grasses, hazardous vegetation, refuse, or other combustible material on that responsible person's property or on any other property so as to constitute a fire hazard.

Teach the public how to adapt, insurance and state may start mandating, South Lake Tahoe is beating them to the punch.

George said keeping the first five feet around a house free of flammable is key, and they've used science to create the new ordinance. There are also a few other things that residents can address right away:

Rake dead vegetation on the ground and roof. This should be done year-round, but very important in the spring and summer and includes trees, shrubs, branches, leaves, twigs, grass, weeds, pine needles, and flowers.

Get rid of the ladder fuels and flammable ground cover such as wood mulch. Instead use pea gravel, decomposed granite, rock, concrete, brick, pavers, or other hardscape features to create an ember-resistant zone.

George said local landscapers have been able to go through a defensible space landscape training through the Living With Fire website to keep everyone on board with the same focus. See the Living With Fire Defensible Space Guide here.

Residents should also consider creating a break from fences to the house, such as a metal gate and/or fence.

The ordinance

CHAPTER 5.30. HAZARDOUS VEGETATION AND DEFENSIBLE SPACE
This chapter shall be known as the Hazardous Vegetation and Defensible Space
Ordinance. The purpose of this chapter is to provide for the removal of hazardous vegetation and combustible materials situated in the incorporated areas of the city so as to reduce the potential for fire and to promote the safety and welfare of the community.

Section. 5.30.010. Conflict of Ordinances.
A. The operation of this chapter shall in no way change or diminish the application of other sections in this code dealing with like or similar matters.

B. In any case where a provision of this or any other chapter is found to be in conflict with a provision of any zoning, building, fire safety, or health ordinance or any other section of the code, including fines, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.

C. It is not intended by this chapter to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances or with private restrictions placed upon property by covenant, deed, or other private agreement.

Section. 5.30.030. Prohibited Conduct.
A responsible person shall not dump, nor permit the dumping of weeds, grasses, hazardous vegetation, refuse, or other combustible material, nor shall a responsible person permit the accumulation of weeds, grasses, hazardous vegetation, refuse, or other combustible material on that responsible person's property or on any other property so as to constitute a fire hazard.

Section. 5.30.040. Duty to Remove and Abate Hazardous Vegetation and
Combustible Material.

A. Prior to the close of any real estate transaction subject to Civil Code section 1102.19 within the city, the seller of any real property shall obtain a defensible space inspection report from an enforcement official that the property is in compliance with this chapter and provide that report to the buyer at or before the close of escrow. If the property inspected is found not in compliance with this chapter the responsible person(s) will need to perform the necessary wildfire protection measures as specified within the inspection report and have the property inspected again prior to escrow or the buyer shall agree to achieve compliance within 120 days as specified in this chapter. If an enforcement official is unable to provide a defensible space inspection report at the time of escrow, the buyer shall request a report from an enforcement official stating the property is in compliance with this chapter within 120 days after the close of escrow,
unless otherwise approved by the enforcement official. Nothing in this
subsection, including the existence of an agreement between a buyer and a
seller, shall limit the ability of the enforcement official to enforce the provisions of this chapter.

B. All persons who own, lease, control, operate or maintain any improved parcel(s), shall comply with the following requirements:

1. Maintain defensible space as described in California Code of Regulations
title 14, division 1.5, chapter 7, subchapter 3, section 1299.03, as
amended, and as otherwise described by this chapter, which is adjacent
to each side of a building or structure, but not beyond the property line
except as provided in this chapter, and must be cleared of hazardous
vegetation, or combustible material, as set forth in this chapter.
2. Consistent with hazardous vegetation and defensible space treatment
objectives, steps should be taken to minimize erosion by maintaining a
noncombustible perimeter around any structure in accordance with the
following requirements:

a. Combustible materials, including woody vegetation, wooden borders for
infiltration systems, or stored flammable items such as firewood and
lumber, shall not be permitted near any structure, attached deck, stairs,
and the area under any attached deck and stair landing in accordance
with the distance requirements set forth in California Code of Regulations title 14, division 1.5, chapter 7, subchapter 3, section 1299.03; Government Code sections 51182, 51186, and 51189; and Public Resources Code section 4291.

b. All organic materials, such as pine needles and woody vegetation, shall
be routinely removed near any structure, attached deck, stairs, and the
area under any attached deck and stair landing in accordance with the
distance requirements set forth in California Code of Regulations title
14, division 1.5, chapter 7, subchapter 3, section 1299.03; Government
Code sections 51182, 51186, and 51189; and Public Resources Code
section 4291.

c. Use rock or non-combustible mulch or well-irrigated herbaceous
vegetation to stabilize the soil within 5 feet of any structure, attached
deck, stairs, and the area under any attached deck and stair landing.
d. Mature trees are permitted.

3. A greater clearance distance up to 300 feet shall be required when the
inspection report by the enforcement official, and supported by the
enforcement official, includes documented information that the clearing is
necessary to significantly reduce the risk of transmission of flame or heat
sufficient to ignite the structure, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to the structure.

4. The responsible person(s) who perform hazardous vegetation management
activities that remove or dispose of vegetation is required to comply with all federal, state, or local environmental protection laws and obtain permits when necessary. Environmental protection laws include, but are not limited to, threatened and endangered species, water quality, air quality, and cultural/archeological resources.

5. When a structure is less than 100 feet from a property line and hazardous
vegetation on an adjacent parcel presents a fire hazard for the structure
the responsible person of the parcel where the fire hazard exists shall be
responsible for removing the fire hazard in that area on that responsible
person’s land when it is within 100 feet of the structure. The determination
for appropriate clearance distances will be made based upon a visual
inspection of the parcel and shall consider all factors that place the property or structure(s) at risk from an approaching fire. These factors shall include local weather conditions, fuel type(s), topography, and the environment where the property or structure(s) is located.

6. The enforcement official may designate improved parcels and unimproved
parcels adjacent to all roads and driveways as necessary for the safe
ingress and egress to the area served by the road or emergency vehicle
access and assess the current condition of fuels on the parcel as a fire
hazard which must be treated or abated. Once such designation is made,
the responsible person shall within a reasonable time ensure that such
parcels comply with the following:

a. All vegetation along roads and driveways shall be maintained to an
unobstructed vertical clearance height of no less than 15 feet to allow
for the passage of emergency vehicles.

b. All ladder fuels shall be cleared to a minimum width of a ten feet wide
strip of land beyond the road or driveway. Additional clearance width
beyond ten feet may be required by the enforcement official when
documented information shows that the clearance is necessary to
significantly reduce the risk of transmission of flame or heat that can
obstruct the road or driveway.

C. Critical Infrastructure sites shall comply with the following requirements:
1. Essential service and at-risk population structures and accessory
buildings 120 square feet in size or larger that support the operations of
the facility shall comply with this chapter.
2. Individual aboveground LP-gas and flammable liquid storage tanks greater
than 2,000 gallons water capacity shall comply with the following
defensible space clearance requirements:
a. A minimum 50 foot clearance on all sides of the tank when the capacity
is between 2,001 and 30,000 gallons.
b. A minimum 75 foot clearance on all sides of the tank when the capacity
is between 30,001 and 70,000 gallons.
c. A minimum 100 foot clearance on all sides of the tank when the capacity
exceeds 70,000 gallons.
d. Regardless of capacity storage tanks shall have ten feet of clearance
to bare mineral soil, or other approved non-combustible surface, and
no hazardous vegetation underneath and around the immediate
exterior of the tank.
e. Storage tanks shall comply with the defensible space requirements
described in this chapter between ten feet and 100 feet of the tank
exterior.
3. Lumber yards, agro-industrial, solid waste and woodworking facilities
subject to the requirements found in California Fire Code Chapter 28 shall
comply with the following defensible space clearance requirements:
a. The storage of wood chips, hogged materials, fines, compost, solid
biomass, feedstock and waste, agro-industrial and recycle facilities,
with individual storage piles greater than 2,500 cubic feet in size, shall
comply with the defensible space requirements found in this chapter.
Storage piles shall be separated a minimum of 30 feet.
b. Cold decks of unfinished logs, and exterior finished lumber storage
areas, greater than 8,333 cubic feet in size, shall comply with the
defensible space clearance requirements found in this chapter when
they are in use for greater than 180 calendar days. Storage piles shall
be separated a minimum of 100 feet.
4. Free standing photovoltaic systems and equipment shall comply with the
defensible space clearance requirements:
a. A minimum ten foot clearance to bare mineral soil, or other approved
non-combustible surface, for clusters of panels not exceeding 1,500
square feet of combined panel area.
b. A minimum 30 foot clearance to bare mineral soil, or other approved
non-combustible surface, for clusters of panels greater than 1,500
square feet of combined panel area.
c. Clusters shall be separated a minimum of 20 feet.
5. Telecommunication facilities determined by the enforcement official to
serve as a critical infrastructure site during an emergency, shall comply
with the following defensible space clearance requirements:
a. A minimum 30 foot clearance for telecommunication towers.
b. A minimum 100 foot clearance as described in this chapter around
accessory buildings 120 square feet in size or larger that support the
operations of the facility.
6. Public and private water distribution system storage tanks and pumping
facilities shall have a minimum 30 feet clearance from hazardous
vegetation around and adjacent to such facilities as described in this
chapter.
7. The minimum clearance requirements described in this section may be
modified by the enforcement official when topographical, environmental,
and hazardous vegetation conditions present on the parcel limit the ability
of the responsible party to fully comply with this chapter.
8. For the purpose of applying this section the defensible space clearance
requirements described do not extend beyond the property line when the
responsible party does not own the adjoining parcel of land, except as set
forth in section 5.30.040(B)(5).

Zones of defensible space:

Zone 0 -
The Ember-Resistant Zone 
0–5 feet

Zone 1 -
The Lean, Clean and Green Zone 5–30 feet

Zone 2 -
The Reduced Fuel Zone 30–100 feet +