A Review of State and Local Regulation for Wildfire Mitigation

Wildfire may result from natural processes or as the result of human actions (Ffolliott 1988, Mees 1990). As a natural phenomenon, it is important in sustaining forest health in fire-dependent ecosystems. While some wildfire may be ecologically beneficial, it poses a threat to residential communities located within or adjacent to the forest. Wildfire is considered a hazard when it endangers things that people value, such as life, property and cultural values (Burton et al. 1978). Each year the challenge of protecting Wildland-Urban Interface (WUI) communities captures headlines in American newspapers, as wildfire forces the evacuation of homes. State governments have been granted police powers to protect the health, safety and welfare of their citizens by the Constitution. With regards to land use policy, the states pass this power to local governments enabling them to adopt regulations to control situations that pose a threat to life and property. In response to wildfire-related losses in the WUI, two states and numerous county and local governments have established regulatory programs to reduce wildfire hazards in high risk areas.