There is still time to file an appeal of the Wildfire Map, or your property's designation in a particular wildfire hazard zone (low, moderate or high), and/or the wildland-urban interface, but those appeals may not be referred to the Office of Administrative Hearings until after the legislative session concludes.
Background on Wildfire Map Appeals
In response to the increased incidence of wildfires and the extensive damage that they have caused in recent years, the Oregon Legislature passed Senate Bill 762 in 2021 to modernize and improve wildfire preparedness. That bipartisan legislation was followed by SB 80 in 2023, which refined and built upon the advancement of wildfire programs initiated under SB 762.
SB 80 tasked the Oregon Department of Forestry (ODF) and Oregon State University with developing a map that carves out designations of property as a low, moderate, or high hazard level based on weather, climate, topography and vegetation.
The stated purpose of the map is to:
Educate Oregon residents and property owners about the level of hazard where they live
Assist in prioritizing fire adaptation and mitigation resources for the most vulnerable locations
Identify where defensible space standards and home hardening codes will apply.
For more information, please visit the Oregon Property Owners Association website.
Appealing your property's designation of Hazard Zone or Wildland-Urban Interface
Any property owner in Oregon may file an appeal of their property's designation in a particular wildfire hazard zone (low, moderate or high), and/or the property's designation in the wildland-urban interface. The appeals must be submitted or postmarked by March 10, 2025. If you are a property owner, you do not need an attorney to file your appeal, however a property owner who is an agency, corporation, partnership, limited liability company, trust, government body, or unincorporated association must be represented by an attorney.
To submit an appeal, you will need:
the property owner’s contact information;
the criteria of the hazard map being contested;
the issues seeking to be addressed; and
the remedy sought.
For more information, please visit the Oregon Property Owners Association website.
Governor Kotek has paused appeals...what does that mean?
As of February 17, 2025, Governor Tina Kotek directed the Oregon Department of Forestry (ODF) to continue to accept all appeals of the Oregon Statewide Wildfire Hazard Map up to the March 10 deadline, but to pause on referring these appeals to the Office of Administrative Hearings until after the legislative session concludes in June.
This pause is intended to allow the Oregon Legislature to carry out a public process for deliberating changes to the map requirements while saving individuals from incurring legal costs by appealing designations that (pending legislative action) may be subject to change.
That being said, if the Legislature does not change the map or appeals process this session, ODF will refer the list of received appeals to the Office of Administrative Hearings following the session and continue the appeals process outlined in existing law - meaning that the March 10th deadline to submit an appeal would still be in effect.
What are the concerns with the wildfire map?
There are many concerns with the wildfire map, mostly centered around how the map was developed, and what the implications are for property owners. To name a few:
SB 762 and SB 80 require property owners who are mapped both High-Hazard and in the Wildland Urban Interface (WUI) to comply with defensible space regulations and fire-hardening standards if they build or remodel homes. Those regulations are applied not at the local level and not after a site inspection where conditions found on the property may warrant those measures, but are rather based solely on the map.
OSU and ODF (the map creators) can’t consider all the factors that truly affect fire hazard and the risk of significant structural loss for any particular property
The map designations could severely impact property values, especially for properties designated as high risk hazard areas
For more information, please visit the Oregon Property Owners Association website.
What efforts are being taken to address concerns associated with the wildfire maps beyond individual appeals?
Advocacy organization Oregon Property Owners Association (formerly Oregonians in Action) works in Salem to pass legislation that supports property rights and kill legislation that threatens property rights. They have mentioned the potential for a class action lawsuit and are currently working to advance property rights in the 2025 legislative session.
Our sister Lobbying firm, Agricultural Hemp Solutions, has expanded its representation to include not just the hemp industry, but to also help property owners, agribusinesses, and organizations improve land use laws and policies. Contact Agricultural Hemp Solutions to learn more about how they can help you to shape policies to better support you and your interests.
Our team here at EARTH Law is available and would be happy to assist you in filing a wildlife map appeal. Contact us for more information.
Need help filing an appeal? Want to learn more about your property rights?
Contact us today for expert guidance and support at info@earthlawllc.com or call 541-632-3946.
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