Letter to Governor Kotek: Extend the Wildfire Hazard Map Appeal Deadline

Dear Governor Kotek,

We urge you to extend the deadline for filing an appeal of “high risk” designation under the Wildfire Hazard Map to June 30, 2025. While we are grateful for your directive to the Oregon Department of Forestry (ODF) to pause on referring appeals to the Office of Administrative Hearings until after the legislative session, this action does not help the thousands of rural Oregonians who have been overburdened and confused about the appeals process. Given the numerous flaws in the designation methods of the Wildfire Hazard Map, the undue burden wildfire mitigation mandates have placed on the average rural Oregon homeowner, and the failings of ODF to communicate effectively about the appeals process, we believe a June 30th deadline is ample time for ODF to effectively communicate the process of appeal and for the legislature to consider changes to current law.

While wildfire mitigation strategies are critical to prevention and spread of wildfires, the mandates put into law by SB 762 place an undue burden on thousands of homeowners in rural Oregon. Many homeowners in the Wildland-Urban Interface (WUI), if they are physically or financially able, take the necessary steps to mitigate wildfire hazards on their properties. This includes clearing vegetation and dead trees, creating defensible spaces, and fireproofing structures when feasible. The mandates now in law create an undue burden for homeowners that already implement these strategies as the mandates go above and beyond what is currently acceptable practice. The mandates also put financial stress on those who are unable to physically implement the mitigation strategies themselves as the cost of tree removal and vegetation clearing can often cost upwards of thousands of dollars.

The failure of ODF to communicate effectively about the appeals process also warrants extension of the deadline, given the confusion around the process. Many homeowners believe they needed legal counsel to begin the process of appeal, which we acknowledge is not true. However, ODF’s lack of clarity on who needs legal counsel and at what point in the process they need to retain it led to this confusion. Furthermore, the whole of the appeal process has been designed to obfuscate and burden the would-be appellee so as to reduce the number of appeals submitted. This is the exact opposite of how a government of the people, for the people should function. We urge you to extend the deadline to provide ODF the opportunity to clarify and effectively communicate the process of appeal and allow for the legislature to fix the law.

The creation of the Wildfire Hazard Map has had drastic consequences for rural Oregon communities. Rural Oregon is now dealing with the fallout of this map and likely will continue to do so for years to come, especially if homeowners are not given ample time to appeal their hazard designation. We urge you to extend the deadline for appeal to June 30, 2025 so ODF can clarify the process of appeal and so the legislature can make necessary changes to current law to alleviate the pressure placed on rural Oregon homeowners.

Sincerely,