citation: PRC § 3962

text:
The verified statement shall be verified by the operator or by someone in his or her behalf and shall contain all of the following information:

(a) A description of the ground proposed to be mined by placer mining methods, described by United States government subdivisions if possible.

(b) The names and addresses of the owners of the ground.

(c) The names and addresses of the operators of the mine.

(d) The proposed means or method of placer mining operation.

(e) The means which the operator proposes to use to prevent the pollution of any stream by the effluent from the operations.


kind: section

code: PRC

citation: PRC § 3963

text: Within 10 days after an owner or operator changes his or her address, or transfers the ownership or changes the operator of any mining property, a notice setting forth the names and addresses of the new owners or operators shall be filed in the office of the county recorder.

history: (History: Added by Stats. 1988, Ch. 259, Sec. 11.)

division: 3.5. MINES AND MINING

chapter: 3. Placer Mining Water Pollution

path: 3.5. MINES AND MINING > 3. Placer Mining Water Pollution


citation: PRC § 3964

text:
No placer mining operator shall mine by the placer process on any stream or on the watershed of any stream tributary directly or indirectly to the Sacramento River or the San Joaquin River without taking both of the following precautions to prevent pollution of the stream by the effluent from his or her operations:

(a) Constructing a settling pond or ponds of sufficient size to permit the clarification of water used in the mining processes before the water is discharged into the stream.

(b) Mixing with the effluent from mining operations aluminum sulphate and lime, or an equivalent clarifying substance which will cause the solid material in the effluent to coagulate and thus avoid rendering the water in the stream unfit for domestic water supply purposes.


citation: PRC § 3965

text:
Notwithstanding subdivision (b) of Section 3964, any placer miner who is operating by dredging process, and who desires to transport his or her dredger across a stream, may conduct the dredger across the stream without constructing a settling pond, if he or she is of the opinion that the expense of constructing settling ponds in the stream would be unduly heavy.

Before transporting the dredger, the operator shall use the following procedure:

(a) He or she shall give a notice of the intent to cross a stream to the clerk or the secretary of each city or district owning or operating a domestic water supply whose clarity is likely to be affected by the crossing operation.

(b) The notice shall be given at least seven days in advance of the date that he or she expects to cross the stream with the dredger.

(c) Upon the expiration of the notice, the operator may, during the following 48 hours, conduct the dredger across the stream even though some turbidity may be caused by the crossing operation.

(d) After crossing the stream, the operator shall comply with subdivision (b) of Section 3964.


citation: PRC § 3966

text: Any person, firm, or corporation who violates this chapter is guilty of a misdemeanor.


citation: PRC § 3967

text:
The operation of any placer mine on ground not covered by a permit issued to the operator from the California Debris Commission, without compliance with this chapter, is declared to be a public nuisance which may be enjoined upon suit brought by the district attorney of the county in which the operation has been conducted, or by any city or district whose domestic water supply is rendered unfit or dangerous for human consumption by the acts, or failure to act, of the operator.

The superior court of the county in which the operation is conducted has jurisdiction to hear and determine the action and to award relief as may be proper.


citation: PRC § 3968

text: Nothing in this chapter deprives the state, any city, county, district, person, firm, or corporation of any right to maintain any action or proceeding, in any jurisdiction, which it was entitled to maintain prior to April 8, 1953, or to receive or obtain in the action any remedy accorded to it under existing law.


citation: PRC § 3980

text: Sluice boxes, flumes, hose, pipes, railway tracks, cars, blacksmith shops, mills, and all other machinery or tools used in working or developing a mine, are deemed affixed to the mine.

chapter: 4. Miscellaneous Provisions

path: 3.5. MINES AND MINING > 4. Miscellaneous Provisions


citation: PRC § 3981

text: The business of hydraulic mining may be carried on within the state wherever and whenever it can be carried on without material injury to navigable streams or the lands adjacent thereto.


citation: PRC § 3982

text: “Hydraulic mining,” as used in Section 3981, is mining by means of the application of water, under pressure, through a nozzle, against a natural bank.


citation: PRC § 3983

text: Any corporation organized in this state for the purpose of mining or carrying on mining operations in or outside this state, may establish and maintain agencies in other states, for the transfer and issuing of its shares. A transfer or issue of the shares of the corporation at any of its transfer agencies, in accordance with its bylaws, is valid and binding as fully and effectually for all purposes as if made upon the books of the corporation at its principal office within this state. The transfer agencies shall be governed by the bylaws and the directors of the corporation.


citation: PRC § 3984

text:
Any shareholder of a corporation formed under the laws of this state for the purpose of mining, may visit, accompanied by his or her expert, and examine the mines owned by the corporation, and every part thereof, at any time he or she may see fit.

When the shareholder applies to the president of the corporation, the president shall immediately cause the secretary thereof to issue and deliver to the shareholder an order, under the seal of the corporation, directed to the superintendent, commanding him or her to show and exhibit parts of the mines that the shareholder named in the order may desire to visit and examine. The superintendent, on receiving the order, shall furnish the shareholder every facility for making a full and complete inspection of the mines, and of the workings therein, and shall either accompany the shareholder in person or furnish some person familiar with the mines to accompany the shareholder in the visit to and through the mines and every part thereof.

If the superintendent fails to obey the order, the shareholder may recover, in any court of competent jurisdiction, against the corporation, the sum of one thousand dollars ($1,000) and traveling expenses to and from the mine, as liquidated damages, together with costs of suit. In case of a refusal, the directors of the corporation shall immediately remove the officer so refusing, and thereafter he or she shall not be employed directly or indirectly by the corporation and shall not be paid any salary.


citation: PRC § 3985

text: All grubstake contracts and prospecting agreements entered into after September 19, 1939, and which may in any way affect the title of mining locations, or other locations under the mining laws of this state, shall be void and of no effect unless the instrument has first been recorded in the office of the county recorder of the county in which the instrument is made. The instrument shall be duly acknowledged before a notary public or other person competent to take acknowledgments. Grubstake contracts and prospecting agreements, duly acknowledged and recorded as provided for in this section, shall be prima facie evidence in all courts in this state in all cases where the title to mining locations and other locations under the mining laws of this state are in dispute.


citation: PRC § 4001

text: Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.

history: (History: Added by Stats. 1965, Ch. 1144.)

chapter: 1. Definitions

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1. Definitions


citation: PRC § 4002

text: “Board” means the State Board of Forestry and Fire Protection.

history: (History: Amended by Stats. 1998, Ch. 972, Sec. 16. Effective January 1, 1999.)

division: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS


text: “Cultural burn” or “cultural burning” means the intentional application of fire to land by a California Native American tribe, a tribal organization, or a cultural fire practitioner to achieve cultural goals or objectives, including for sustenance, ceremonial activities, biodiversity, or other benefits.

history: (History: Amended by Stats. 2024, Ch. 666, Sec. 2. (SB 310) Effective January 1, 2025.)


text: “Cultural fire practitioner” means a person recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, including for sustenance, ceremonial activities, biodiversity, or other benefits.

history: (History: Amended by Stats. 2024, Ch. 666, Sec. 3. (SB 310) Effective January 1, 2025.)


citation: PRC § 4003

text: “Department” means the Department of Forestry and Fire Protection.

history: (History: Amended by Stats. 1988, Ch. 160, Sec. 150.)


citation: PRC § 4004

text: “Director” means the Director of Forestry and Fire Protection.

history: (History: Amended by Stats. 1988, Ch. 160, Sec. 151.)


text: “Prescribed grazing” means the lawful application of grazing by a specific kind of livestock at a determined season, duration, and intensity to accomplish defined vegetation or conservation goals, including reducing the risk of wildfire by reducing fuel loads, controlling undesirable or invasive plants, and promoting biodiversity and habitat for special status species. Prescribed grazing may involve any or multiple kinds of livestock.

history: (History: Added by Stats. 2023, Ch. 519, Sec. 1. (AB 297) Effective January 1, 2024.)


citation: PRC § 4005

text:
(a) “Wildfire and Forest Resilience Task Force” means the task force established by the Governor to oversee the implementation of Executive Order No. B-52-18.

(b) Any reference in any law or regulation to the Forest Management Task Force is deemed to, instead, refer to the Wildfire and Forest Resilience Task Force.

history: (History: Amended by Stats. 2021, Ch. 387, Sec. 1. (SB 456) Effective January 1, 2022.)


citation: PRC § 4021

text: Except as otherwise provided, the willful or negligent commission of any of the acts prohibited or the omission of any of the acts required by Chapter 2 (commencing with Section 4251) to Chapter 6 (commencing with Section 4411), inclusive, of Part 2 of this division is a misdemeanor.

history: (History: Amended by Stats. 1972, Ch. 618.)

chapter: 2. General Provisions

article: 1. Penalties

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 2. General Provisions > 1. Penalties


citation: PRC § 4022

text:
(a) The titles of ranger, park ranger, and forest ranger, and derivations thereof, may only be used by persons who are peace officers under Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, employees of the Department of Forestry and Fire Protection, or employees of the Department of Parks and Recreation classified as State Park Ranger (Permanent Intermittent). Any person, other than a peace officer or employee of the Department of Parks and Recreation, as described in this section, or employee of the Department of Forestry and Fire Protection, who willfully wears, exhibits, or uses any authorized badge, insignia, emblem, device, label, title, or card of a ranger, park ranger, forest ranger, or a derivation thereof, to identify the person as a ranger, park ranger, or forest ranger, or who willfully wears, exhibits, or uses any badge, insignia, emblem, device, label, title, or card of a ranger, park ranger, or forest ranger, which so resembles the authorized version that it would deceive an ordinary, reasonable person into believing that it is authorized for the use of a ranger, park ranger, or forest ranger, is guilty of a infraction.

(b) Subdivision (a) does not apply to positions and titles of agencies of the United States government or to any local agency which is officially using any title specified in subdivision (a) as of January 1, 1990.

history: (History: Added by Stats. 1989, Ch. 351, Sec. 1.)

article: 1. Penalties


citation: PRC § 4031

text:
(a) The department may, with the approval of the Department of General Services, enter into agreements, easements, licenses, or permits to acquire real property rights for the purposes of establishing fire protection, fire prevention, fire suppression, demonstration state forests, pest control, forest and range protection, and enhancement activities and related uses in accordance with subdivisions (b) and (c).

(b) All agreements, easements, licenses, or permits entered into pursuant to subdivision (a) shall be for no more than fair market value.

(c) The Department of General Services shall sign all applicable certificates of acceptance entered into pursuant to subdivision (a) in accordance with Section 27281 of the Government Code.

(d) This section does not allow the department to purchase land for lookout sites or other administrative purposes.

history: (History: Amended by Stats. 2012, Ch. 306, Sec. 1. (AB 2544) Effective January 1, 2013.)

article: 2. Purchase of Land

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 2. General Provisions > 2. Purchase of Land


citation: PRC § 4032

text:
(a) The department may lease, for any use, all or any portion of any parcel of real property acquired for forestry and fire protection purposes if the director finds that the use would be compatible with the department’s use.

(b) Rent shall be based on the fair market value of the property when used for the purpose for which it is leased.

(c) The lease term shall not exceed 5 years. All leases entered into pursuant to this section shall be subject to the approval of the Department of General Services.

(d) No lease shall be entered into that extends beyond the 5-year period unless the Legislature has reviewed and approved the proposed lease as part of the annual budget process, or the Public Works Board has determined that the proposed lease could not have been presented to the Legislature for review and approval in the course of its consideration of the Budget Bill and that it would be adverse to the interests of the public to defer that review and approval to a time when the Legislature next considers a Budget Bill. Upon making that determination, the board may review and approve the proposed lease after giving at least 20 days’ written notice to the Chairperson of the Joint Legislative Budget Committee and to the chairperson of the fiscal and appropriate policy committees of its intended action. All actions taken by the board pursuant to this subdivision shall be reported to the Legislature in the next Governor’s Budget.

history: (History: Added by Stats. 2012, Ch. 306, Sec. 2. (AB 2544) Effective January 1, 2013.)

article: 2. Purchase of Land


citation: PRC § 4033

text:
(a) The department may provide permits for temporary means of ingress to, egress from, and movement across all property under the jurisdiction of the department in order to provide ready access for the purposes of harvesting timber, conducting studies, and passing and placing equipment upon the department’s lands.

(b) The department may grant a permit for a right-of-way across the department’s lands over that route and subject to those conditions and construction and maintenance specifications as the department may determine that will cause minimum alteration to the physical features of the department’s lands and minimum interference with the use of the forests by the public.

(c) The permittee shall, at the permittee’s own expense, construct and maintain the means of ingress and egress, in accordance with the terms and conditions set forth in the permit, noncompliance with which in any part shall be due cause for revocation of that permit.

(d) The department may require a permittee or permittees to allow the use of those temporary means of ingress and egress by any other applicant whose lands are similarly situated.

(e) The department may, at its discretion, charge a reasonable fee for access to its lands.

(f) (1) A permit granted for passage pursuant to this section is temporary and does not imply consent to a permanent easement, and the permit shall include language stating this.

(2) The permits are and shall be revocable at any time.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 49. (SB 272) Effective July 23, 2021.)

article: 2. Purchase of Land


citation: PRC § 4034

text: The department, with the consent of the Department of General Services, may lease any real or personal property that the department deems necessary for temporary use of fire station facilities, modular facilities, storage, warehouse, or office purposes when existing departmental facilities are inadequate. This section does not apply when the Department of General Services leases land for the use of the department under Section 14669 of the Government Code.

history: (History: Added by Stats. 2012, Ch. 306, Sec. 4. (AB 2544) Effective January 1, 2013.)

article: 2. Purchase of Land


citation: PRC § 4050

text: As used in this article, “fund” shall mean the CAL-FIRE Infrastructure Projects Revolving Fund.

history: (History: Added by Stats. 2019, Ch. 31, Sec. 20. (SB 85) Effective June 27, 2019.)

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 2. General Provisions > 3. CAL-FIRE Infrastructure Projects Revolving Fund


citation: PRC § 4051

text:
(a) The CAL-FIRE Infrastructure Projects Revolving Fund is hereby established in the State Treasury. Upon approval of the Department of Finance, there shall be transferred to the fund any money appropriated by the Legislature for encumbrance or expenditure on a project the department is authorized to perform with respect to acquisition of real property or the design, construction, alteration, repair, and improvement of facilities over which the department has jurisdiction, including equipment and furnishings within the approved project scope. Moneys transferred to the fund are encumbered as of the date of the transfer.

(b) If the federal government has agreed to provide funding for all or a portion of a project, as described in subdivision (a), the Department of Finance may authorize the department to expend money in the fund to pay the costs that will be reimbursed by the federal government under both of the following conditions:

(1) Receipt of written evidence that an appropriation has been made by the Congress of the United States and the appropriate federal agency has committed to pay the amount specified.

(2) A sufficient balance exists in the fund to support the request.

article: 3. CAL-FIRE Infrastructure Projects Revolving Fund


citation: PRC § 4052

text: The department shall keep a record of all expenditures against the moneys transferred to the fund for each project and any advances made pending federal reimbursement pursuant to subdivision (b) of Section 4051. Any unexpended balance for any project, either within three months after completion of the project or within three years from the transfer, whichever is earlier, shall be transferred to the credit of the fund from which the appropriation was made. The Department of Finance may approve an extension of the time allowed before a return transfer is required or require an earlier transfer to the credit of the fund from which the appropriation was made.


citation: PRC § 4053

text:
Annually, on or before October 15, the department shall submit to the Department of Finance a report that reconciles, by project and character of appropriation, all of the following:

(a) Amounts transferred to the fund.

(b) Amounts expended from the fund.

(c) Advances made pending federal reimbursement as described in subdivision (b) of Section 4051.

(d) In cases of project savings or completion, or both, unexpended amounts transferred to the credit of the fund from which the appropriation was made, as provided in Section 4052.


citation: PRC § 4101

text: “Person” includes any agency of the state, county, city, district, or other local public agency, and any individual, firm, association, partnership, business trust, corporation, limited liability company, or company.

history: (History: Amended by Stats. 1994, Ch. 1010, Sec. 207. Effective January 1, 1995.)

article: 1. Definitions

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1. Prevention and Control of Forest Fires > 1. Definitions


citation: PRC § 4102

text: “State responsibility areas” means areas of the state in which the financial responsibility of preventing and suppressing fires has been determined by the board pursuant to Section 4125, to be primarily the responsibility of the state.

history: (History: Repealed and added by Stats. 1965, Ch. 1144.)

chapter: 1. Prevention and Control of Forest Fires

article: 1. Definitions


citation: PRC § 4103

text: “Forest fire” means a fire burning uncontrolled on lands covered wholly or in part by timber, brush, grass, grain, or other flammable vegetation.

article: 1. Definitions


text: “Open fire” means any fire, controlled or uncontrolled, including a campfire, burning outside of any structure, mobilehome, or living accommodation mounted on a motor vehicle. “Open fire” does not include portable lanterns designed to emit light resulting from a combustion process.

history: (History: Added by Stats. 1988, Ch. 270, Sec. 1.)

article: 1. Definitions


text: “Campfire” means a fire which is used for cooking, personal warmth, lighting, ceremonial, or aesthetic purposes, including fires contained within outdoor fireplaces and enclosed stoves with flues or chimneys, stoves using jellied, liquid, solid, or gaseous fuels, portable barbecue pits and braziers, or space heating devices which are used outside any structure, mobilehome, or living accommodation mounted on a motor vehicle. “Campfire” does not include portable lanterns designed to emit light resulting from a combustion process.

history: (History: Amended by Stats. 1988, Ch. 270, Sec. 2.)

article: 1. Definitions


citation: PRC § 4104

text: The term “uncontrolled fire,” as used in this division, means any fire which threatens to destroy life, property, or resources and either: (1) is unattended by any person; (2) is attended by persons unable to prevent its unrestricted spread; or (3) is burning with such velocity or intensity that it could not be readily controlled with those ordinary tools available to private persons at the fire scene.

history: (History: Amended by Stats. 1980, Ch. 525, Sec. 2. Operative July 1, 1981, by Sec. 13 of Ch. 525.)

article: 1. Definitions


citation: PRC § 4111

text: The board shall make and enforce such regulations as are necessary and proper for the organization, maintenance, government, and direction of the fire protective system for the prevention and suppression of forest fires which is provided for in this article.

history: (History: Added by Stats. 1965, Ch. 1144.)

article: 2. General Provisions

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1. Prevention and Control of Forest Fires > 2. General Provisions


citation: PRC § 4112

text: The department shall divide the state into a suitable and convenient number of administrative districts and shall appoint a supervising forest officer for each district.

history: (History: Amended by Stats. 1976, Ch. 1300.)

article: 2. General Provisions


citation: PRC § 4113

text: The supervising forest officers shall, under the direction of the director, have charge of the firefighting system and men in such districts, and are charged with the duty of preventing and extinguishing forest fires and with the performance of such other duties as may be required by the director.

article: 2. General Provisions


citation: PRC § 4114

text:
(a) The department, in accordance with a plan approved by the board, shall do all of the following:

(1) Provide fire prevention and firefighting implements and apparatus.

(2) Organize fire crews and patrols.

(3) Establish observation stations and other necessary structures.

(4) Employ people to effect the plan.

(5) Construct and maintain telephone lines and provide other means of communication as necessary to prevent and extinguish forest fires.

(b) The department may provide, when available and to the extent that it does not require additional funds, rescue, first aid, and other emergency services to the public in state responsibility areas. Any emergency medical services shall be in accordance with Division 2.5 (commencing with Section 1797) of the Health and Safety Code and any rules and regulations adopted pursuant to that division.

history: (History: Amended by Stats. 1987, Ch. 194, Sec. 1. Effective July 23, 1987.)

article: 2. General Provisions


text:
(a) Subject to an appropriation of funds for this purpose, the department shall begin to employ sufficient permanent firefighting personnel to increase the base period staffing levels.

(b) The department shall maintain the ability to hire seasonal, temporary firefighters as needed to allow for surge hiring capacity for confronting emergency fire conditions or other personnel shortages as determined by the director.

history: (History: Amended by Stats. 2025, Ch. 106, Sec. 11. (AB 149) Effective September 17, 2025.)

article: 2. General Provisions


text:
(a) (1) The department shall actively engage University of California Cooperative Extension, relevant California State Universities, fire safe councils, California Native American tribes, tribal organizations, cultural fire practitioners, resource conservation districts, and any other entity with demonstrated expertise to enhance its public education efforts regarding any of the following:

(A) Restoring fire processes and functions.

(B) Cultural burning.

(C) Fire prevention.

(D) Public safety.

(2) These public education efforts shall include, but are not limited to, educational activities regarding community wildfire protection plans, community fire safe councils, community and private chipping days, defensible space, prescribed fires, cultural burning, hardened residences, compliance with building standards, evacuation routes, activities that promote fire resiliency or achieve carbon-sequestration benefits in the wildland-urban interface and other forest lands, and activities that promote public safety. When engaging with Native American tribes, tribal organizations, and cultural fire practitioners, the department shall respect tribal sovereignty, customs, and culture.

(b) The department shall also support, to the extent feasible, the programs of California Native American tribes, tribal organizations, and cultural fire practitioners that develop the knowledge and skills needed to establish and maintain the diverse workforce that is required to achieve activities described in this section.

history: (History: Amended by Stats. 2021, Ch. 375, Sec. 9. (AB 642) Effective January 1, 2022.)

article: 2. General Provisions


text:
(a) (1) On or before January 1, 2026, the department, in coordination with the United States Forest Service and other relevant state, federal, tribal, local, and private cooperators, shall identify and map a comprehensive network of potential operational delineations that can be used for strategic wildfire response or the proactive use of prescribed fire. This effort shall use existing tools, including, but not limited to, open-source tools, and build on existing plans, including, but not limited to, community wildfire protection plans, CAL-FIRE unit fire plans, and potential operational delineations for wildfires of the United States Forest Service.

(2) The map described in paragraph (1) shall comply with both of the following:

(A) Be included in outreach efforts for state programs related to fire planning and community engagement efforts, such as, but not limited to, the Regional Forest and Fire Capacity Program (Article 11 (commencing with Section 4208)).

(B) Be assessed for potential impacts on tribal cultural resources and sensitive species in areas where there will be significant ground disturbance. The department, through local units of the department, shall engage with and consult tribal entities in the region for input on the potential network of delineations described in paragraph (1). Tribal leadership in this process shall be supported and engaged with to the extent feasible. If an appropriation by the Legislature has been made for these purposes, state resources may be used to support tribal engagement in developing, reviewing, and assessing proposed locations. This subparagraph does not alter any duty by the department to consult with tribal governments during a wildfire event.

(b) (1) In order to provide a nuanced understanding of postfire conditions, on or before July 1, 2025, and updated annually thereafter, the Fire and Resource Assessment Program in the department shall develop maps of the severity of impacts from wildfires that includes fires of significant size across all land ownerships. To the extent feasible, in developing the maps described in this paragraph, the department shall collaborate with the United States Forest Service, the United States Geological Survey, and other relevant parties, and shall, where appropriate, use data from existing sources, including from the Burn Severity Portal maintained by the United States Geological Survey. For purposes of complying with this paragraph, the department may contract with a third party.

(2) The department shall make the maps described in paragraph (1) available to the public on its internet website.

(c) The department shall annually review the effects of recent fires in the context of community safety and ecological restoration goals to identify priority opportunities for prescribed fire that can further manage hazardous fuel conditions.

history: (History: Added by Stats. 2024, Ch. 778, Sec. 4. (SB 1101) Effective January 1, 2025.)

article: 2. General Provisions


text:
(a) A contract with a nonpublic entity entered into by the department that includes a provision for the services of pilots to fly firefighting aircraft owned by, or on loan to, the department for the purpose of fighting fire shall expressly provide that, if the pilot dies while performing the duties specified in the contract, eligible survivors, if any, of the pilot shall be paid a one-time death benefit by the department equal to the sum of the following:

(1) The amount of the one-time benefit that the eligible survivors of the pilot would receive if the pilot were subject to the federal Public Safety Officers’ Death Benefits Act (42 U.S.C. Sec. 3796 et seq.). This paragraph shall not be applicable if, at the time of the pilot’s death, the eligible survivors of the pilot are entitled to benefits under that act.

(2) An amount, as determined by the department, that would be commensurate with the death benefit payable to a mid-career firefighter employed by the department who died in the line of duty.

(b) The benefits payable pursuant to any contract subject to this section shall be paid to eligible survivors in a lump sum as follows:

(1) If there is no eligible child, to the surviving spouse.

(2) If there is an eligible child or children and a surviving spouse, one-half to the child or to the children in equal shares and one-half to the surviving spouse.

(3) If there is no surviving spouse and there is an eligible child or children, to the eligible child or in equal shares to the eligible children.

(4) If there is no surviving spouse nor any eligible child or children, to the surviving parent or in equal shares to the surviving parents.

(c) If there are no eligible survivors, no benefit shall be payable and a pilot may not otherwise designate a beneficiary to receive the benefits under the contract.

(d) (1) As used in this section, an “eligible survivor” means the surviving spouse, eligible children, or surviving parents of the deceased pilot.

(2) “Surviving spouse” means a spouse who was married to the pilot at the time of the pilot’s death.

(3) “Eligible child” means an unmarried, natural child of the deceased pilot who (A) was born before or after the death of the pilot or is an adopted child or stepchild of the pilot, and (B) is 18 years of age or younger at the time of the pilot’s death, or over the age of 18 years and incapable of self-support due to a physical or mental disability, or between 18 and 22 years of age and pursuing a full-time course of study or training, if the child has not already completed four years of education beyond high school.

(e) This section shall be applicable irrespective of whether the department contracts directly with the pilot or contracts with a third party that employs or contracts with pilots.

(f) Nothing in this section relieves the pilot’s employer from the obligation to secure coverage for workers’ compensation; eliminates or reduces any workers’ compensation benefits otherwise available; or affects, alters, or eliminates any other remedy otherwise available at law.

(g) This section does not apply to a pilot who dies while performing duties in a firefighting aircraft that is owned by the pilot or another entity other than the department pursuant to a contract or agreement with the department, except for a firefighting aircraft on loan to the department pursuant to subdivision (a).

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 50. (SB 272) Effective July 23, 2021.)

article: 2. General Provisions


citation: PRC § 4115

text: In providing communications, telecommunications, and necessary powerlines in connection with the prevention and extinguishment of forest fires, the department, with the approval of the Department of General Services, may enter into contracts with the owners of real property for the use of their lands or facilities in locations where no other state tenant exists or to install portable or single use remote telecommunications facilities. Provision may be made for indemnification and holding harmless of the owners of those facilities which are so used by reason of that use. Insurance may be purchased by the Department of General Services, upon request of the department, to protect the state against loss or expense arising out of a contract entered into pursuant to this section.

history: (History: Amended by Stats. 2012, Ch. 306, Sec. 5. (AB 2544) Effective January 1, 2013.)

article: 2. General Provisions


citation: PRC § 4116

text: Any claim for damages arising against the state under Section 4114 or 4115 shall be presented to the Department of General Services in accordance with Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code and, if not covered by insurance, shall be payable only out of funds appropriated by the Legislature for that purpose. If the state has elected to acquire liability insurance, the Department of General Services may automatically deny this claim.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 268. (SB 836) Effective June 27, 2016.)

article: 2. General Provisions


citation: PRC § 4117

text: Any county, city, or district may adopt ordinances, rules, or regulations to provide fire prevention restrictions or regulations that are necessary to meet local conditions of weather, vegetation, or other fire hazards. Such ordinances, rules, or regulations may be more restrictive than state statutes in order to meet local fire hazard conditions.

article: 2. General Provisions


citation: PRC § 4118

text: The burning of growing, dead, or downed vegetation is for a public purpose if the department has determined that the burning of such vegetation is necessary for the prevention or suppression of forest fires.

article: 2. General Provisions


citation: PRC § 4119

text: The department, or its duly authorized agent, shall enforce the state forest and fire laws. The department may inspect all properties, except the interior of dwellings, subject to the state forest and fire laws, for the purpose of ascertaining compliance with such laws.

article: 2. General Provisions


citation: PRC § 4120

text: Notwithstanding any other provision of this code or of law and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, on and after January 1, 1980, the director, the department, or the State Forester shall not adopt nor publish a building standard as defined in Section 18909 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the statute under which the authority to adopt rules, regulations, or orders is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted before January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner.

history: (History: Added by Stats. 1979, Ch. 1152.)

article: 2. General Provisions


citation: PRC § 4123

text: When selecting a fuel reduction project, the department shall collaborate with the State Water Resources Control Board, the California Geological Survey, and the Department of Fish and Wildlife to ensure the design of the fuel reduction project protects water resources and wildlife habitat while addressing fire behavior and public safety.

history: (History: Amended by Stats. 2025, Ch. 236, Sec. 16. (SB 831) Effective January 1, 2026.)

article: 2. General Provisions


text:
(a) The department shall create the Wildfire Resilience Program. The purpose of the program is to assist nonindustrial timberland owners with wildfire resilience efforts by providing technical assistance on multiple topics, including, but not necessarily limited to, helping navigate the permitting process, fuels reduction, fuelbreaks, forest health, and reforestation, for purposes of reducing wildlife risks while maintaining or enhancing habitat, watershed values, and carbon sequestration. This technical assistance shall be provided by department staff and in collaboration with other entities, including, but not necessarily limited to, resource conservation districts and the University of California Cooperative Extension.

(b) The department may use any mechanisms or tools to determine priority areas, including high or very high fire threat zones as described by the Department of Forestry and Fire Protection’s Fire Hazard Severity Zone map, in a Public Utilities Commission-designated Tier 2 or Tier 3 High Fire Threat District, or in the state responsibility areas where wildfire resilience activities are necessary and serve an important purpose. Where appropriate, the department and its collaborators may conduct outreach efforts to nonindustrial timberland owners in priority areas to provide information and technical assistance.

(c) To provide the technical assistance referenced in subdivision (a), the department may use its forestry assistant specialists or any other personnel classification with the knowledge to inform nonindustrial timberland owners of the options to make their timberland more resilient to wildfire and to take advantage of the other provisions of subdivision (a), with specific outreach on these topics to those nonindustrial timberland owners.

(d) The department shall assist nonindustrial timberland owners by making all of the following information available:

(1) A list of permits needed from state entities to conduct various types of fuel removal projects.

(2) Concise information detailing research and current best practices for wildfire resilience.

(3) A list of the grant opportunities statewide which allow for wildfire resilience activities.

(4) The details of grants made by the department relating to wildfire resilience activities.

(e) The department shall provide technical assistance to nonindustrial timberland owners on how to maintain the benefits of fuel reduction projects.

history: (History: Added by Stats. 2018, Ch. 626, Sec. 5. (SB 901) Effective January 1, 2019.)

article: 2. General Provisions


text:
(a) On or before July 1, 2021, the Natural Resources Agency, in consultation with the State Fire Marshal and the Forest Management Task Force, shall review the regional capacity of each county that contains a very high fire hazard severity zone, as identified by the director pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201), to improve forest health, fire resilience, and safety. The review shall include, but not be limited to, all of the following:

(1) Identification of local or regional entities engaged in fire prevention work, such as resource conservation districts, fire safe councils, state conservancies, and other local agencies.

(2) A review of fire prevention organizational or capacity deficits within each county subject to the review.

(3) Recommendations to improve regional capacity and collaboration within the counties subject to review, including, but not limited to, the development of new organizations or regional districts.

(b) The Natural Resources Agency shall make the review required pursuant to subdivision (a) publicly available on its internet website.

history: (History: Added by Stats. 2019, Ch. 391, Sec. 5. (AB 38) Effective January 1, 2020.)

article: 2. General Provisions


text:
(a) On or before January 1, 2026, the department, in consultation with the State Air Resources Board and the Wildfire and Forest Resilience Task Force, shall report to the relevant fiscal and policy committees of the Legislature on funds spent pursuant to Section 45 of Senate Bill 901 (Chapter 626, Statutes of 2018). The report shall include, but not be limited to, all of the following information:

(1) The outcomes of the projects implemented, including, but not limited to, a description of the benefits for public safety, fire prevention, habitat, climate resiliency, and protection of important natural resources, including water quality and water supply.

(2) A description of the projected greenhouse gas emission and carbon sequestration impacts for the year of implementation of a project and for administering programs based on the State Air Resources Board’s forest health quantification methodology.

(3) Recommendations for modifying the forest health grant program, established pursuant to Section 4799.05, and the local assistance grant program, established pursuant to Section 4124.5, to improve outcomes, benefits, durability of benefits, and statewide benefits.

(4) An assessment of the potential benefits, including unmet need, for continuing the commitment made pursuant to Section 45 of Senate Bill 901 (Chapter 626, Statutes of 2018).

(b) The department shall appear yearly before the appropriate legislative committees, including the Assembly Committee on Natural Resources, the Senate Committee on Natural Resources and Water, and appropriate budget subcommittees to provide information on the outcomes of projects completed under Section 45 of Senate Bill 901 (Chapter 626 of the Statutes of 2018).

(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2030.

history: (History: Added by Stats. 2021, Ch. 382, Sec. 7. (SB 63) Effective January 1, 2022. Repealed as of January 1, 2030, by its own provisions.)

article: 2. General Provisions


citation: PRC § 4124

text: For the purposes of this article, “fire prevention activities” means those lawful activities that reduce the risk of wildfire in California, including, but not limited to, mechanical vegetation management, prescribed grazing, prescribed burns, creation of defensible space, and retrofitting of structures to increase fire resistance.

history: (History: Amended by Stats. 2023, Ch. 519, Sec. 2. (AB 297) Effective January 1, 2024.)

article: 2.5. Fire Prevention Grants Program

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1. Prevention and Control of Forest Fires > 2.5. Fire Prevention Grants Program


text:
(a) The department shall establish a local assistance grant program for fire prevention and home hardening education activities in California. Groups eligible for grants shall include, but are not limited to, local agencies, resource conservation districts, fire safe councils, the California Conservation Corps, certified community conservation corps as defined in Section 14507.5, University of California Cooperative Extension, the Board of Commissioners under CaliforniaVolunteers described in Section 8411 of the Government Code, Native American tribes, and qualified nonprofit organizations. The department may establish a cost-share requirement for one or more categories of projects.

(b) (1) The local assistance grant program shall establish a robust year-round fire prevention effort in and near fire-threatened communities that focuses on increasing the protection of people, structures, and communities. To the maximum extent practicable, the grants shall be designed to be durable and adaptively managed so that while improving resiliency to wildfire, the projects, when on forest land, retain a mixture of species and sizes of trees to protect habitat values. The department shall prioritize, to the extent feasible, projects that are multiyear efforts.

(2) For purposes of this subdivision, “fire-threatened communities” means those communities in high and very high fire hazard severity zones, identified by the State Fire Marshal pursuant to Section 51178 of the Government Code, or Article 9 (commencing with Section 4201) of this code, or on the “Fire Risk Reduction Community” list maintained by the board pursuant to Section 4290.1.

(c) Eligible activities shall include, but not be limited to, all of the following:

(1) Development and implementation of public education and outreach programs. Programs may include technical assistance, new technologies, game elements to enhance and accelerate the education of property owners, workforce recruitment and training, and equipment purchases.

(2) Fire prevention activities as defined in Section 4124.

(3) Projects to improve compliance with defensible space requirements as required by Section 4291 through increased inspections, assessments, and assistance for residents with relevant socioeconomic characteristics, as defined in Section 8654.7 of the Government Code.

(4) Technical assistance to local agencies to improve fire prevention and reduce fire hazards.

(5) Creation of additional “Firewise USA” communities in the state or other community planning or certification programs deemed as appropriate by the department.

(6) Projects to improve public safety, including, but not limited to, access to emergency equipment and improvements to public evacuation routes.

(7) Vegetation management along roadways and driveways to reduce fire risk. Where appropriate, the Department of Transportation shall be consulted if state infrastructure will be affected. Those projects shall remain consistent with paragraph (1) of subdivision (b).

(8) Public education outreach regarding making homes and communities more wildfire resilient, including training on defensible space and prescribed grazing.

(9) Projects to reduce the flammability of structures and communities to prevent their ignition from wind-driven embers.

(10) Development of a risk reduction checklist for communities that includes defensible space criteria, structural vulnerability potential, and personal evacuation plans.

(11) (A) Projects involving the application of prescribed grazing, which may include the installation of fencing or watering improvements.

(B) Watering improvements described in subparagraph (A) shall not include the creation of a well or replacement of well infrastructure.

(d) The department may consider the fire risk of an area, the geographic balance of projects, and whether the project is complementary to other fire prevention or forest health activities when awarding local assistance grants.

(e) When reviewing applications for the grant program created pursuant to this section, the department shall give priority to any local governmental entity qualified to perform defensible space assessments pursuant to Section 4291.5 in very high and high fire hazard severity zones, as identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of this chapter or by a local agency pursuant to Section 51179 of the Government Code, for using the common reporting platform created pursuant to subdivision (c) of Section 4291.5 to report that information.

(f) (1) The director may authorize advance payments from a grant awarded pursuant to this section. The advance payment shall not exceed 25 percent of the total grant award. The director may authorize a greater amount, not to exceed 50 percent of either the total grant award or the cost of equipment or supplies, whichever amount is less, for the purpose of purchasing necessary equipment or supplies.

(2) The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement.

(3) The grantee shall file an accountability report with the department no later than six months from the date of receiving the funds and no later than every six months thereafter.

(g) Until July 1, 2025, the department may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code.

(h) The department may expand or amend an existing grant program to meet the requirements of this section.

(i) Funding for the local assistance grant program created pursuant to this section shall be made upon appropriation by the Legislature.

history: (History: Amended by Stats. 2024, Ch. 982, Sec. 3.5. (SB 504) Effective January 1, 2025.)

article: 2.5. Fire Prevention Grants Program


text:
(a) On or before January 31, 2022, the director shall hold a public workshop to do all of the following:

(1) Review activities funded by the local assistance grant program established in Section 4124.5 and program outcomes, and discuss and recommend possible improvements to the program.

(2) Identify new sources and methods of financing fire prevention activities.

(3) Review new activities or methods of fire prevention that could protect life and property including, but not limited to, the prevention of high wind grass fires.

(b) (1) The department shall report a summary of the findings of the public workshop to the appropriate policy committees of the Legislature on or before July 1, 2022. The department shall include in the report any recommendations it has developed for improving the local assistance grant program established in Section 4124.5, for consideration by the Legislature.

(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on July 1, 2026, pursuant to Section 10231.5 of the Government Code.

history: (History: Added by Stats. 2018, Ch. 632, Sec. 3. (AB 1956) Effective January 1, 2019.)

article: 2.5. Fire Prevention Grants Program


text:
(a) The department shall, except for activities described in paragraph (5) of subdivision (c) of Section 4124.5, prioritize local assistance grant funding applications from local agencies based on the “Fire Risk Reduction Community” list, upon development of that list, pursuant to Section 4290.1.

(b) The prioritization required in subdivision (a) shall not affect applications from entities that are not local agencies.

(c) This section shall become operative only if Assembly Bill 1956 of the 2017–18 Regular Session is chaptered and becomes effective on or before January 1, 2019.

history: (History: Added by Stats. 2018, Ch. 626, Sec. 6. (SB 901) Effective January 1, 2019. Note: Operational condition in subd (c) satisfied.)

article: 2.5. Fire Prevention Grants Program


text: On or before June 1, 2022, all of the duties and responsibilities for the local assistance grant program established pursuant to this article shall be transferred to the Office of the State Fire Marshal.

history: (History: Added by Stats. 2021, Ch. 225, Sec. 12. (AB 9) Effective January 1, 2022.)

article: 2.5. Fire Prevention Grants Program


citation: PRC § 4125

text:
(a) The board shall classify all lands within the state, without regard to any classification of lands made by or for any federal agency or purpose, for the purpose of determining areas in which the financial responsibility of preventing and suppressing fires is primarily the responsibility of the state. The prevention and suppression of fires in all areas that are not so classified is primarily the responsibility of local or federal agencies, as the case may be.

(b) On or before July 1, 1991, and every 5th year thereafter, the department shall provide copies of maps identifying the boundaries of lands classified as state responsibility pursuant to subdivision (a) to the county assessor for every county containing any of those lands. The department shall also notify county assessors of any changes to state responsibility areas within the county resulting from periodic boundary modifications approved by the board.

(c) A notice shall be posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map, and of any information received by the county subsequent to the receipt of the map regarding changes to state responsibility areas within the county.

history: (History: Amended (as amended by Stats. 1989, Ch. 380) by Stats. 1998, Ch. 65, Sec. 15. Effective June 9, 1998. Applicable from June 1, 1998, by Sec. 18 of Ch. 65. Note: Ch. 65 (pursuant to Sec. 20) supersedes, and precludes operation of, Stats. 1997, 1st Ex. Sess., Ch. 7.)

article: 3. Responsibility for Fire Protection

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1. Prevention and Control of Forest Fires > 3. Responsibility for Fire Protection


citation: PRC § 4126

text:
The board shall include within state responsibility areas all of the following lands:

(a) Lands covered wholly or in part by forests or by trees producing or capable of producing forest products.

(b) Lands covered wholly or in part by timber, brush, undergrowth, or grass, whether of commercial value or not, which protect the soil from excessive erosion, retard runoff of water or accelerate water percolation, if such lands are sources of water which is available for irrigation or for domestic or industrial use.

(c) Lands in areas which are principally used or useful for range or forage purposes, which are contiguous to the lands described in subdivisions (a) and (b).

history: (History: Repealed and added by Stats. 1965, Ch. 1144.)

article: 3. Responsibility for Fire Protection


citation: PRC § 4127

text:
The board shall not include within state responsibility areas any of the following lands:

(a) Lands owned or controlled by the federal government or any agency of the federal government.

(b) Lands within the exterior boundaries of any city, except a city and county with a population of less than 25,000 if, at the time the city and county government is established, the county contains no municipal corporations.

(c) Any other lands within the state which do not come within any of the classes which are described in Section 4126.

history: (History: Amended by Stats. 1991, Ch. 653, Sec. 1.)

article: 3. Responsibility for Fire Protection


citation: PRC § 4128

text: In establishing boundaries of state responsibility areas, the board may, for purposes of administrative convenience, designate roads, pipelines, streams, or other recognizable landmarks as arbitrary boundaries.

article: 3. Responsibility for Fire Protection


citation: PRC § 4129

text: The board of supervisors of any county may provide by ordinance that the county elects to assume responsibility for the prevention and suppression of all fires on all land in the county, including lands within state responsibility areas when the Director of Forestry and Fire Protection concurs in accordance with criteria adopted by the State Board of Forestry and Fire Protection, but not including lands owned or controlled by the federal government or any agency of the federal government or lands within the exterior boundaries of any city. After the effective date of the contract referred to in Section 4133, the county shall exercise for the duration of the contract all the duty, power, authority, and responsibility for the prevention and suppression of all fires on all land in the county for which the county is authorized by this section to elect to assume responsibility.

history: (History: Amended by Stats. 1998, Ch. 972, Sec. 17. Effective January 1, 1999.)

article: 3. Responsibility for Fire Protection


text:
When the incorporation of a city removes land from a state responsibility area and the county continues to provide residential fire service for the newly incorporated city and remains under contract to provide fire service for the state responsibility area, the county shall, during the three years subsequent to incorporation, contract with the city to continue to provide fire service to the area removed from the state responsibility area under the same terms and conditions as under the state contract. The county may bill the newly incorporated city for actual revenue lost under the state contract because of removal of land from the state responsibility area during that period, but may not, during the three-year period, require the city to pay an amount greater than that apportioned for the affected area under the state contract.

If the budget of the department is revised to reflect the removal of the affected lands from a state responsibility area and payments to the county are accordingly reduced, the county may bill the newly incorporated city for the allocable decrease, or if the amount cannot be readily ascertained, the county may, after the effective date of the new budget, charge the city an amount equal to the total payment to the county divided by the total acres of the state responsibility area times the removed acres which are annexed to the city.

This section does not change any power, duty, or responsibility of the department. This section does not require the department to base its budget on per acre costs and does not impose any requirement that the department implement or design any formula or budget.

This section applies only in counties with a population greater than 8,000,000.

history: (History: Added by Stats. 1987, Ch. 340, Sec. 1.)

article: 3. Responsibility for Fire Protection


citation: PRC § 4130

text: The board shall classify all lands within state responsibility areas into types of land based on cover, beneficial use of water from watersheds, probable damage from erosion, and fire risks and hazards, and shall determine the intensity of protection to be given to each such type of land. A plan for adequate statewide fire protection of state responsibility areas shall be prepared by the board in which all land of each type shall be assigned the same intensity of protection, and the estimated cost of such intensity of protection shall be determined.

history: (History: Added by Stats. 1965, Ch. 1144.)

article: 3. Responsibility for Fire Protection


citation: PRC § 4131

text: In the preparation of budgets for fire protection, the total funds available or estimated to be available shall be allocated to the areas to be protected in conformance to such fire protection plan. If the funds available are less than the estimated adequate cost of such plan the board shall determine whether the intensities of fire protection shall be reduced or withdrawn, maintaining uniform consideration for all lands in each type.

article: 3. Responsibility for Fire Protection


citation: PRC § 4132

text: In those counties assuming responsibility pursuant to Section 4129 for fire protection and suppression in the lands thus classified within the respective counties, there shall be budgeted sums to be allocated to those counties at least equal to the direct cost of fire protection which is determined pursuant to Section 4130 and which shall include the salaries and wages of suppression crews and lookouts and maintenance of firefighting facilities.

article: 3. Responsibility for Fire Protection


citation: PRC § 4133

text: The department shall, with the approval of the Department of General Services, for periods not to exceed three years, enter into a contract with any county which enacts an ordinance as provided in Section 4129. The budgeted sums in Section 4132 are subject to annual review in the budget process.

history: (History: Amended by Stats. 1987, Ch. 194, Sec. 2. Effective July 23, 1987.)

article: 3. Responsibility for Fire Protection


citation: PRC § 4134

text: Any such contract shall provide for payment to such county, as compensation for the assumption of the duty, power, authority and responsibility for fire protection and suppression as provided in Section 4129 of such sum as may be specifically allocated in the appropriation made by the Legislature for that purpose or, if no specific appropriation is made for it, the sum allocated for expenditure in such county pursuant to Sections 4131 and 4132.

article: 3. Responsibility for Fire Protection


citation: PRC § 4135

text: Sections 4129 to 4135, inclusive, do not deprive the department of the power and duty to require that the money paid by the department under the contract to a county shall be expended by the county for fire prevention and suppression in that area the protection of which is assumed by the county pursuant to Section 4129.

article: 3. Responsibility for Fire Protection


citation: PRC § 4136

text:
(a) A transferor of real property that is located within a state responsibility area determined by the board, pursuant to Section 4125, shall disclose to a prospective transferee the fact that the property is located within a wildland area that may contain substantial forest fire risks and hazards and is subject to the requirements of Section 4291.

(b) Except for property located within a county that has assumed responsibility for prevention and suppression of all fires pursuant to Section 4129, the transferor shall also disclose to a prospective transferee that it is not the state’s responsibility to provide fire protection services to a building or structure located within the wildlands unless the department has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142.

(c) Disclosure is required pursuant to this section only when one of the following conditions is met:

(1) The transferor, or the transferor’s agent, has actual knowledge that the property is within a wildland fire zone.

(2) A map that includes the property has been provided to the city or county pursuant to Section 4125, and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county.

(d) In all transactions that are subject to Section 1103 of the Civil Code, the disclosures required by this section shall be provided by either of the following means:

(1) The Local Option Real Estate Disclosure Statement as provided in Section 1102.6a of the Civil Code.

(2) The Natural Hazard Disclosure Statement as provided in Section 1103.2 of the Civil Code.

(e) If the map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a wildland fire zone, the agent shall mark “Yes” on the Natural Hazard Disclosure Statement. The agent may mark “No” on the Natural Hazard Disclosure Statement if the agent attaches a report prepared pursuant to subdivision (c) of Section 1103.4 of the Civil Code that verifies the property is not in the hazard zone. This subdivision does not limit or abridge any existing duty of the transferor or the transferor’s agents to exercise reasonable care in making a determination under this subdivision.

(f) For purposes of this section, Section 1103.13 of the Civil Code applies.

(g) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 51. (SB 272) Effective July 23, 2021.)

article: 3. Responsibility for Fire Protection


citation: PRC § 4137

text:
(a) For purposes of this section, the following terms apply:

(1) “Activities” means the specific actions performed to support a treatment, including, but not limited to, mechanical fuel reduction, hand fuel reduction, prescribed fire, or any other appropriate activities.

(2) “Fire prevention efforts” include, but are not limited to, all of the following:

(A) Fire prevention education.

(B) Hazardous fuel reduction and vegetation management treatments and activities.

(C) Fire investigation.

(D) Civil cost recovery.

(E) Forest and fire law enforcement.

(F) Fire prevention engineering.

(G) Prefire planning.

(H) Risk analysis.

(I) Volunteer programs and partnerships.

(3) “Participating in wildfire resilience activities” means dedicating an average of at least 15 percent of working hours, but less than 75 percent of working hours, to wildfire resilience-related activities.

(4) “Primarily focused on wildfire resilience activities” means dedicating an average of at least 75 percent of working hours to wildfire resilience-related activities.

(5) “Treatment” means actions conducted on the ground to meet a management objective, including, but not limited to, installation and maintenance of fuel breaks, fuels reduction, roadside fuels reduction, forest thinning, prescribed fire, reforestation, timber harvesting, fuel treatments in the wildland-urban interface, dead fuel removal, and all other treatments that reasonably could be considered fuels reduction or vegetation management.

(6) “Unique” means nonduplicated for the reporting year and, where multiple years are reported, across all of the years reported.

(7) “Wildfire resilience activities” include, but are not limited to, defensible space inspections and the activities identified in subparagraphs (A) and (B) of paragraph (2).

(b) It is the intent of the Legislature that the year-round staffing and the shift to a 66-hour workweek that have been provided to the department pursuant to memorandums of understanding with the state will result in significant increases in the department’s current level of fire prevention and wildfire resilience activities. It is also the intent of the Legislature that the budgetary augmentations for year-round staffing not reduce the reimbursements that the department receives from contracts with local governments for the department to provide local fire protection and emergency services pursuant to Section 4144, commonly referred to as “Amador agreements.”

(c) On or before March 1 of each year, the department shall provide a report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Committee on Natural Resources and Water, the Assembly Committee on Natural Resources, and the Legislative Analyst’s Office, in accordance with Section 9795 of the Government Code, detailing the department’s fire prevention efforts, including the increased activities described in subdivision (b). The report shall display the fire prevention efforts of the previous fiscal year, as well as the information from each of the prior two reporting years for purposes of a comparison of data. The report shall include, but not be limited to, by department administrative unit and statewide total, all of the following:

(1) Fire prevention efforts performed by the department on lands designated as state responsibility areas. The fire prevention efforts included in the report pursuant to this paragraph shall include, but not be limited to, all of the following:

(A) The number of hours department personnel spent primarily focused on wildfire resilience activities, by activity, the number of hours department personnel spent participating in wildfire resilience activities, by activity, and the number of hours spent on emergency incident response, by type.

(B) The number of department personnel by classification that are (i) primarily focused on wildfire resilience activities and (ii) participating in wildfire resilience activities.

(C) The number of citations issued for noncompliance with Section 4291.

(D) The number of unique parcels inspected by department personnel for compliance with defensible space requirements.

(E) The number of unique parcels that are eligible to be inspected by department personnel for compliance with defensible space requirements.

(F) The total number of defensible space inspections conducted by department personnel.

(G) (i) The number of geographical acres treated by department personnel to improve wildfire resilience that are not defensible space inspections. No treated acre shall be counted more than one time per report period.

(ii) The number of geographical acres treated by department personnel, by treatment type, to improve wildfire resilience that are not defensible space inspections.

(H) The total number of acres treated by department personnel, by activity, to improve wildfire resilience.

(I) The funding sources and estimated amounts for the fire prevention efforts described in this subdivision, itemized by the activity categories described in subparagraphs (A) to (H), inclusive.

(J) Any other data or qualitative information deemed necessary by the department in order to provide the Legislature with a clear and accurate accounting of fire prevention efforts, particularly with regard to variations from one year to the next. The department may include recommendations for updating the reporting requirements in this section to reflect changes in science and best practices related to the tracking and monitoring of fire prevention efforts.

(2) Fire prevention efforts performed by counties, pursuant to Sections 4129 and 4132, that shall include, but not be limited to, all of the following:

(A) The number of hours of fire prevention education performed.

(B) The number of defensible space inspections conducted by county.

(C) The number of citations issued for noncompliance with Section 4291.

(D) The number of acres treated by mechanical fuel reduction.

(E) The number of acres treated by prescribed burns.

(F) Any other data or qualitative information deemed necessary by the department in order to provide the Legislature with a clear and accurate accounting of fire prevention efforts, particularly with regard to variations from one year to the next.

(3) Projected fire prevention efforts for the following fiscal year.

(4) Information on each of the “Amador contracts” described in subdivision (b), including an annual update on the number of those contracts and reimbursements received from the contracts that are in effect.

(d) Wildfire resilience activities that are not conducted by department personnel shall not be included in the data required to be reported in paragraph (1) of subdivision (c). Defensible space inspections shall not be included in the data reported in subparagraphs (G) and (H) of paragraph (1) of subdivision (c). The department shall define the scope of each treatment type that data is reported on in subparagraph (G) of paragraph (1) of subdivision (c) and each activity that data is reported on in subparagraph (H) of paragraph (1) of subdivision (c).

(e) The report required by this section shall also include estimates of the portion of the amounts identified in subdivision (c) that result from the shift to a 66-hour workweek at the department, as well as a description of the methodology used to prepare these estimates.

(f) The data reported pursuant to subparagraphs (C) to (H), inclusive, of paragraph (1) of subdivision (c), and subparagraphs (B) to (E), inclusive, of paragraph (2) of subdivision (c), shall be displayed geographically and shall be available on the Wildfire and Forest Resilience Task Force’s internet website.

(g) Information contained in the report required by this section may be incorporated by reference, as applicable, to comply with annual legislative reporting required pursuant to Section 4771 of this code and Section 12805.9 of the Government Code.

(h) The department shall post on its internet website on or before December 31, 2023, and annually thereafter, all of the following information regarding hazardous fuel reduction and vegetation management projects funded or conducted by the department, including, but not limited to, projects funded under the department’s Forest Health Program, California Forest Improvement Program, and Wildfire Prevention Grants Program, as well as funding for CAL FIRE unit wildfire prevention projects and prescribed fire and hand crews, for the preceding fiscal year, beginning with funding included in the 2022–23 fiscal year:

(1) What permitting mechanism was used for each project.

(2) How the collaboration with the Department of Fish and Wildlife and the State Water Resources Control Board, as required by Section 4123, was achieved for both agencies, including whether the agency reviewed the project grant proposal or project description or permit.

(3) A description of any maintenance plan or other mechanism, if available, that is in place to support maintenance of vegetation improvements over time.

(4) A description of any mitigation required for each project, and whether the mitigation has been completed.

(i) On or before December 31, 2022, the department shall develop a standardized protocol for monitoring implementation and evaluating the positive and negative ecological and fire behavior impacts from vegetation management projects undertaken by the state, consistent with the requirements of Chapter 387 of the Statutes of 2021.

(j) The department shall provide links to all documents relevant to subdivisions (h) and (i) on its internet website.

(k) The reporting and monitoring requirements in subdivisions (h) and (i) shall be expanded to other state agencies that undertake or fund hazardous fuel reduction and vegetation management projects by December 31, 2024, including, but not limited to, projects funded or conducted by state conservancies, the Department of Fish and Wildlife, or the Department of Parks and Recreation.

history: (History: Amended by Stats. 2024, Ch. 72, Sec. 35. (SB 156) Effective July 2, 2024.)

article: 3. Responsibility for Fire Protection


citation: PRC § 4141

text:
(a) The department may, for the prevention and suppression of forest fires, enter into cooperative agreements with any person, firm, association, or corporation that owns or controls any forest, brush, grass, or grain lands, under such terms as the department deems advisable, and may renew, revise, or terminate these agreements.

(b) The department also may, for the purpose of maintaining a fire patrol system, including staffing and facilities for the prevention and suppression of forest fires in any timber, brush, grass, or other flammable vegetation or material, enter into cooperative agreements and special use permits with the federal government, under those terms as it deems advisable, and may renew, revise, or terminate these agreements.

(c) The expenses incurred under the agreements or permits entered into pursuant to this section shall be paid from appropriations or funds available for forest fire protection.

history: (History: Amended by Stats. 2012, Ch. 306, Sec. 6. (AB 2544) Effective January 1, 2013.)

article: 4. Cooperative Agreements

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1. Prevention and Control of Forest Fires > 4. Cooperative Agreements


citation: PRC § 4142

text:
(a) The department, with the approval of the Department of General Services, may enter into a cooperative agreement upon the terms and under the conditions as it deems wise, for the purpose of preventing and suppressing forest fires or other fires in any lands within a county, city, or district that makes an appropriation for that purpose.

(b) Within 30 days of the final approval of a new or renewed cooperative agreement, as described in this section, valued at five million dollars ($5,000,000) or more, the department shall submit to the relevant fiscal and policy committees of each house of the Legislature, in accordance with Section 9795 of the Government Code, a copy of the final agreement and a brief summary of the agreement for purposes of highlighting information relevant to the Legislature’s fiscal oversight of the agreement. The summary shall include, but is not limited to, all of the following:

(1) The value of the agreement.

(2) The number of positions associated with the agreement.

(3) Whether the agreement is new or a renewal.

(4) Whether the agreement expands upon an existing agreement.

(5) A brief discussion of the manner in which the agreement scored on the department’s evaluation criteria, and the degree to which the agreement aligns with the department’s base mission, as described in Sections 713 and 714.

(6) A brief discussion of any subjective factors that influenced the director’s decision.

(c) When the state assumes personnel from a county, city, or district, an actuarially determined benefit factor shall be included as a cost in the cooperative agreement, including renewals of the agreement, for a county, city, or district that elects to allow the completed years an employee worked at that county, city, or district, or a lesser number of completed years specified by the local agency, to be credited towards the vesting period for state postretirement health benefits. The department shall certify the completed years of county, city, or district service to be credited to an employee to the Board of Administration Public Employees’ Retirement System at the time of separation for retirement. The actuarially determined benefit factor shall be accepted as sufficient by the Department of Forestry and Fire Protection, upon review by the Department of Finance, to fully compensate the state for the postretirement health benefit costs of those employees. The postretirement health benefit costs charged under this subdivision may be paid in periodic installments at the discretion of the department. If the costs are paid in installments, the payment of the postretirement health benefit costs for years credited for nonstate service shall be a continuing obligation of a county, city, or district that made that election, regardless of whether or not the cooperative agreement continues or is renewed, and regardless of whether or not the employees continue in state service.

history: (History: Amended by Stats. 2010, Ch. 718, Sec. 10. (SB 855) Effective October 19, 2010.)

article: 4. Cooperative Agreements


text: When a county, city, or district considers entering into a cooperative agreement pursuant to subdivision (a) of Section 4142 under which the state would assume personnel from the county, city, or district, the county, city or district shall, prior to the execution of the cooperative agreement, give written notice to each affected employee of how the transfer of functions would affect their health benefits upon their retirement.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 52. (SB 272) Effective July 23, 2021.)

article: 4. Cooperative Agreements


citation: PRC § 4143

text:
The Legislature hereby finds and declares that the maintenance of the economic well-being of the state and the public health and safety require that the state, through the department, obtain full utilization of all equipment, personnel, and buildings under the jurisdiction of the director. In order to obtain these benefits, the director, in accordance with policy determined by the board, may provide personnel for and operate those fire stations, statewide, as the director deems necessary to provide the best possible fire prevention and suppression. Personnel or equipment shall not be assigned to any location or assigned pursuant to Section 4144 if that assignment would not meet policy and standards established by the board. The policy and standards shall be designed to ensure all of the following:

(a) The striking force and efficiency of the department in its primary mission of wild land fire protection, as well as response to major fires or other natural disasters will not be reduced or impaired.

(b) The department will not need any additional funds to operate its program.

(c) Personnel and equipment assigned pursuant to Section 4144 will not replicate services provided under an agreement made pursuant to Section 4142.

The normal assignment of fire resources of the department throughout California during periods of critical fire weather conditions or during major wild land fires shall not be impaired and shall receive priority over agreements made with counties pursuant to Section 4144.

history: (History: Amended by Stats. 2005, Ch. 408, Sec. 1. Effective January 1, 2006.)

article: 4. Cooperative Agreements


citation: PRC § 4144

text:
(a) Notwithstanding Section 4142, the director may, with the approval of the Department of General Services, enter into a cooperative agreement, for the purpose of preventing and suppressing fires, with a city, county, special district, or other political subdivision of the state or person, firm, association, or corporation that requests an agreement, under those terms and conditions that the director deems wise.

(b) The director shall not enter into or renew a cooperative agreement pursuant to this section under any of the following circumstances:

(1) With any county that has assumed responsibility pursuant to Section 4129.

(2) If the land to be protected is not in proximity to, nor within lands classified by the board pursuant to Section 4125 as, a state responsibility area. For the purposes of this paragraph, “proximity” means within a distance from an existing facility that results in a response time established by the board that is not longer than that used by the department in meeting its state wild land fire protection mission.

(3) The director determines that the agreement would significantly reduce existing fire prevention and suppression service levels.

(4) The director determines, pursuant to the policy and standards adopted by the board under Section 4143, that the agreement would replicate services provided under an agreement made pursuant to Section 4142.

(5) The director determines that the service area of a particular station under the agreement is more appropriately served under an agreement made pursuant to Section 4142.

(c) The cooperative agreement shall provide all of the following:

(1) The department shall ensure that a staffing level, mutually agreeable to the parties to the agreement, is maintained on all fire prevention and suppression vehicles.

(2) The personnel, equipment, and buildings utilized shall be limited to those used to protect state responsibility areas. Whenever the cooperative agreement provides for the employment of personnel during the nonfire season who would be in addition to the personnel required for the necessary operation and maintenance of equipment and buildings under the jurisdiction of the director, the full salaries and all benefits of the additional personnel shall be apportioned, as costs to the city, county, special district, or other political subdivision of the state, or person, firm, association, or corporation that contracts with the department pursuant to the cooperative agreement for fire protection.

(3) A cost apportionment between the state and the city, county, special district, or other political subdivision of the state, or person, firm, association, or corporation that contracts with the state for fire protection that reasonably reflects cost apportionments made pursuant to Section 4141 or 4142, except that the contracting city, county, special district, other political subdivision of the state, or contracting person, firm, association, or corporation shall be apportioned the additional cost for extended staff availability for 24-hour emergency response, for state personnel assigned to staff fire engines at a rate determined annually by the director, plus staff benefit costs attributable to the apportionment, and total unplanned overtime pay. The department shall recover its actual additional costs.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 562. Effective January 1, 2007.)

article: 4. Cooperative Agreements


citation: PRC § 4145

text:
(a) It is the intent of the Legislature that cooperative agreements that are entered into between the department and a local government shall provide for the equitable sharing of costs associated with capital outlay projects that enlarge, enhance, or replace facilities for the purposes of benefiting the cooperating local government.

(b) The department shall prescribe those terms and conditions for those cooperative agreements that would result in an equitable sharing of those costs in proportion to the benefits derived, including any in-kind, lump-sum, or installment payments. Any installment payment made in connection with a cooperative agreement entered into pursuant to this section shall be made over a period of time not exceeding a maximum of 20 years at the same rate of interest as the rate for the state’s Pooled Money Investment Account. Any money that is received for reimbursements for facility improvement costs, under a cooperative agreement, shall be deposited in the General Fund.

history: (History: Added by Stats. 1996, Ch. 202, Sec. 3. Effective July 22, 1996.)

article: 4. Cooperative Agreements


citation: PRC § 4147

text: This article shall be known, and may be cited, as the Rapid Disaster Response Act of 2005.

history: (History: Added by Stats. 2005, Ch. 290, Sec. 2. Effective January 1, 2006.)

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1. Prevention and Control of Forest Fires > 4.5. Rapid Disaster Response Act of 2005


citation: PRC § 4148

text: The director shall draw upon eligible federal funds to augment any state funds appropriated by the Legislature for the purpose of replacing the department’s aging helicopter fleet.

article: 4.5. Rapid Disaster Response Act of 2005


citation: PRC § 4151

text:
(a) The director shall appoint, in a number and localities as the director deems wise, public-spirited citizens to act as voluntary firewardens, who may receive payment for their services from the counties or from private sources. They shall promptly report all fires and take immediate and active steps toward their extinguishment, report any violation of forest fire laws, assist in apprehending and convicting offenders, and perform other duties as the director may direct. A United States Forest Service employee within this state, if the employee accepts the duties and responsibilities of a firewarden, may be appointed a voluntary firewarden, and shall have all the powers given to firewardens by this article.

(b) The firewardens do not have authority to obligate the state for the payment of money, unless specifically authorized by the director.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 53. (SB 272) Effective July 23, 2021.)

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1. Prevention and Control of Forest Fires > 5. Firewardens and Firefighting Personnel


citation: PRC § 4152

text: If a fire patrol for the prevention and suppression of forest fires is maintained by owners of land or by any organization, the director may designate each patrol person as a voluntary firewarden and, for the protection of lands patrolled by them or adjacent to those lands, may give them all the rights and powers of a voluntary firewarden. Voluntary firewardens shall be paid by the owners or organizations or as provided for by Section 4151. The firewardens do not have authority to obligate the state for the payment of money, unless specifically authorized by the director.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 54. (SB 272) Effective July 23, 2021.)

article: 5. Firewardens and Firefighting Personnel


citation: PRC § 4153

text: The department or its duly authorized agent may summon an able-bodied person to assist in suppressing a forest fire and may authorize an officer of the state, who is charged with the prevention and suppression of fire or the enforcement of the state fire laws, to summon an able-bodied person to assist in suppressing a forest fire within their respective jurisdictions. An able-bodied person who is engaged in the harvest of perishable agricultural crops shall not, however, be summoned to assist in suppressing a forest fire until all other available workpower has been exhausted within the respective jurisdiction of the officer issuing the summons. A member in good standing of a regularly organized fire department shall not be summoned if the member is available and subject to call for duty with a firefighting unit.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 55. (SB 272) Effective July 23, 2021.)


citation: PRC § 4154

text: Any person who fails to obey a summons which is authorized by Section 4153 is guilty of a violation of this article.

history: (History: Repealed and added by Stats. 1965, Ch. 1144.)


citation: PRC § 4155

text: Every person who in obedience to such summons assists in extinguishing any forest fire shall be compensated at the same wage rate, excluding fringe benefits, as state employees performing like services.

history: (History: Amended by Stats. 1969, Ch. 500.)


citation: PRC § 4156

text:
(a) The director and employees or classes of employees of the department designated by the director have the powers conferred by law upon peace officers listed in Section 830.2 of the Penal Code, and voluntary firewardens designated by the director have the powers conferred by law upon peace officers listed in Section 830.37 of the Penal Code; provided, however, that the primary duty of the peace officer shall be the enforcement of forest laws and regulations, state and county fire laws and regulations, and the laws relating to explosives as set forth in Part 1 (commencing with Section 12000) of Division 11 of the Health and Safety Code, other than laws the enforcement of which is primarily the responsibility of the State Fire Marshal. Officers, employees, and voluntary firewardens, upon request pursuant to Section 8597 of the Government Code, shall have the full powers and duties of peace officers for all purposes as provided by the Penal Code and are not liable to civil action for trespass committed in the discharge of their duties.

(b) A peace officer may enforce federal fire laws to the extent that the peace officer is authorized to do so.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 56. (SB 272) Effective July 23, 2021.)


citation: PRC § 4157

text: When the director or any of the employees or voluntary firewardens who are designated as peace officers pursuant to Section 4156 arrests a person for a violation of this article or for a violation of a law relating to forest or fire protection that is not a felony, the director or any of the employees or voluntary firewardens who are designated as peace officers may immediately release the arrested person from their custody in the manner and under the conditions that are set forth in Section 853.6 of the Penal Code.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 57. (SB 272) Effective July 23, 2021.)


citation: PRC § 4165

text:
Every person is guilty of a misdemeanor who, at a forest fire, does any of the following:

(a) Disobeys the lawful orders of a public officer or firefighter.

(b) Offers resistance to, or interference with, the lawful efforts of a firefighter or company of firefighters to extinguish the fire.

(c) Engages in any disorderly conduct which is calculated to prevent the fire from being extinguished.

(d) Forbids, prevents, or dissuades others from assisting to extinguish the fire.

(e) Rides, drives, or propels any vehicle or conveyance upon, over, or across any firehose or chemical hose that is used by, or in charge of, a public officer or firefighter or injures or damages in any manner any hose or apparatus of any kind that is in use by, or in charge of, a public officer or firefighter.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 58. (SB 272) Effective July 23, 2021.)

article: 6. Violations

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1. Prevention and Control of Forest Fires > 6. Violations


citation: PRC § 4166

text: A person who violates this article is guilty of a misdemeanor, which is punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). If the defendant refuses, on conviction, to pay the fine, the defendant shall be confined in the county jail of the county in which conviction is had for a period not to exceed one day for every five dollars ($5) of the fine imposed, or may be subject to both the fine and imprisonment.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 59. (SB 272) Effective July 23, 2021.)

article: 6. Violations


citation: PRC § 4170

text: Any uncontrolled fire burning on any lands covered wholly or in part by timber, brush, grass, grain or any other flammable material, without proper precaution being taken to prevent its spread notwithstanding the origin of such fire, is a public nuisance by reason of its menace to life and property.

history: (History: Added by Stats. 1968, Ch. 489.)

article: 6. Violations


text: The department or any other duly established fire protection agency may summarily abate an uncontrolled fire as a public nuisance by controlling and extinguishing the fire.

history: (History: Amended by Stats. 1976, Ch. 1300.)

article: 6. Violations


citation: PRC § 4171

text: Any condition endangering public safety by creating a fire hazard and which exists upon any property which is included within any state reponsibility area is a public nuisance.

history: (History: Added by Stats. 1965, Ch. 1144.)

article: 7. Public Nuisances

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 1. Prevention and Control of Forest Fires > 7. Public Nuisances


citation: PRC § 4172

text: If the director determines that a public nuisance, as defined in Section 4171, exists, the director shall notify the owner of the property to abate the public nuisance. If the owner is unknown, a copy of the notice shall be posted upon the property.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 60. (SB 272) Effective July 23, 2021.)

article: 7. Public Nuisances


citation: PRC § 4173

text: The board shall establish standards, based upon its determination of conditions which create an unreasonable hazard to life or property from fire, for what constitutes a hazardous condition in those instances not covered by state law. Such standards shall be established for each of the department’s administrative districts after public hearing for which ample publicity is given.

article: 7. Public Nuisances


citation: PRC § 4174

text:
The notice shall be in writing and shall do all of the following:

(a) Describe the public nuisance.

(b) Specify the time within which the property owner is required to abate the public nuisance.

(c) State that, unless the public nuisance is abated within the time specified in the notice, the department may abate the public nuisance and the costs of the abatement will be assessed against the property.

(d) State that the property owner may, within 15 days after the receipt or posting of the notice, request a hearing before the director upon whether or not a public nuisance actually exists.

article: 7. Public Nuisances


citation: PRC § 4175

text: If a property owner requests a hearing, the director shall fix a time and a place for the hearing and notify the property owner. At the time and place of the hearing, the property owner may appear and be heard upon the question of whether or not a public nuisance actually exists upon property that the property owner owns. The hearing shall be conducted in accordance with Chapter 2 (commencing with Section 11180) of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 61. (SB 272) Effective July 23, 2021.)

article: 7. Public Nuisances


citation: PRC § 4176

text: If the director determines, at the conclusion of the hearing, that a public nuisance actually exists upon property owned by the property owner, the director shall order the property owner to abate the public nuisance within a specified time.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 62. (SB 272) Effective July 23, 2021.)

article: 7. Public Nuisances


citation: PRC § 4177

text: If the public nuisance is not abated within the time specified in the notice to the property owner pursuant to Section 4172 or, if a hearing is not requested by the property owner, within the time specified in the order made by the director pursuant to Section 4176, the department may abate the public nuisance.

article: 7. Public Nuisances


citation: PRC § 4178

text: Any costs which are incurred by the department in abating any public nuisance pursuant to this article are a lien upon the property upon which the public nuisance existed when notice of the lien is filed and recorded as provided in Section 4179.

article: 7. Public Nuisances


citation: PRC § 4179

text: Notice of the lien, particularly identifying the property on which the nuisance was abated and the amount of such lien, and naming the owner of record of such property, shall be recorded by the department in the office of the county recorder of the county in which the property is situated within one year after the first item of expenditures by the department or within 90 days after the completion of the work, whichever first occurs. Upon such recordation of the notice of lien, the lien shall have the same force, effect, and priority as a judgment lien, except that it shall attach only to the property described in such notice, and shall continue for 10 years from the time of recording of such notice unless sooner released or otherwise discharged.

article: 7. Public Nuisances