Department of Forestry: Oregon Wildfire Hazard Maps

These designations have significant implications for property owners. First, properties that have a high hazard designation and are in the wildland-urban interface area (those areas with urban services near most open space land) will be required to meet enhanced defensible space standards and home hardening codes. While seemingly innocuous, the defensible space standards are likely to conflict with local tree codes and habitat management requirements. These conflicts could cause serious challenges, such as when property owners are forced to comply with both local and state requirements, and cannot. The home hardening codes present challenges as well. A recent survey of critical building material shows a staggering 10x price tag for certain items such as windows! These differences in pricing will dramatically increase home construction costs at a time when the state is grappling with a seemingly insurmountable housing crisis.

In addition to the immediate implications of a high designation, the medium-term designation risks could prove far more challenging. The state or local governments could further erode property owners rights and prohibit the construction of new homes in certain designated areas. Senate Bill 79, which was introduced only 10 days after the maps were released, would prohibit home construction in areas with a high designation. It is reasonable to expect that certain anti-housing counties and cities will copy and paste Senate Bill 79 at the local level if a ban at the state level fails.

Most challenging, however, are the coming implications for insurance costs. While state law prohibits the use of the maps for insurance underwriting insurance proposes, the ODF notices provide a false sense of security regarding costs. In all likelihood, insurance companies will study the ODF maps, develop strikingly similar maps of their own, and use those “new” maps to justify increasing rates or dropping coverage altogether. Wildfire risk underwriting is extremely important to the insurance industry and ODF maps – absent meaningful modification – will likely lead to dramatically increased rates statewide, even in areas where the wildfire risks are low.

Property owners have the right to challenge their designations and seek amendments to the ODF maps. The Office of Administrative Hearings will review challenges to the maps both in-person and virtually over the coming months. However, the shot-clock for filing an appeal runs through March 10, 2025 and any well-positioned challenge will require site-specific analysis that could take weeks to complete. If your property has been designated as high risk or if you want to learn more about the mapping process and how to challenge a designation, contact Ezra Hammer at ezra.hammer@jordanramis.com or (503) 598-5557.