California-Nevada Tahoe Basin Fire Commission Report Draft
Executive Summary
In the course of eight months of deliberations, the California-Nevada Tahoe Basin Fire Commission heard from dozens of Basin residents, fire professionals, land managers, environmental regulators, scientists, and others.
By February, 2008, more than 50 individuals and organizations had submitted 120 proposed findings and associated recommendations to the Commission. About a third of these were developed by Commissioners themselves, while another third were developed by implementing and regulatory agencies at all levels of government, often working through interagency working groups. The rest were developed by interested members of the public.
In a very few instances, proposed findings and recommendations were adopted exactly as submitted. More often, they were edited to combine similar ideas, eliminate redundancies, or reconcile conflicting recommendations. Not all recommendations were accepted.
Ultimately, 70 recommendations were formulated by the Commission to be forwarded to the Governors. These are organized into six categories which together constitute a plan for reducing the Tahoe Basin’s vulnerability to wildfire. For the complete language of these recommendations, please see the Recommendations section of this report. For more information on the background and rationale for the recommendations, please see the Findings section of this report.
CATEGORY 1: ENVIRONMENTAL PROTECTION
Recommendation 1: The restoration of the Basin’s forests to a more natural and fire-resilient condition should be a common and primary management goal of all public land management agencies, regulatory agencies, and private property owners in the Basin.
Recommendation 2: All public land management agencies, regulatory agencies, and private property owners must work together more effectively to implement fuel reduction projects designed and prioritized to minimize the risk of wildfires.
Recommendation 3: Agencies should study the potential affects of climate change, evaluate their practices and policies to study the costs and needs associated with impacts of climate change and associated mitigations
Recommendation 4: The USDA Forest Service, in collaboration with the Tahoe Science Consortium and the general science community, should conduct a review of the available scientific literature that may be relevant to forest management practices in the Lake Tahoe Basin.
Recommendation 5: Upon evaluation of available information, the USDA Forest Service should identify what operational questions still need to be answered for the Tahoe Basin so that any future research or demonstration projects can be focused on answering the most important un-answered questions.
Recommendation 6: Where project proponents lack research expertise, any monitoring, research, and evaluation beyond project implementation monitoring or visual monitoring and inspections should be conducted by a third party, potentially the Tahoe Science Consortium.
Recommendation 7: A single information clearinghouse, such as the Tahoe Integrated Information Management System (TIIMS), should be developed and maintained for compiling information on fuel reduction projects, including project effectiveness and environmental effects.
CATEGORY 2: ISSUES OF GOVERNANCE
Recommendation 8: State and Federal Emergency Declarations should be considered as a means to provide solutions as rapidly as possible to protect the public safety and environment of Lake Tahoe, without sacrificing necessary environmental protections.
Recommendation 9: The plans and policies of the Lahontan Regional Water Quality Control Board (LRWQCB) and the Tahoe Regional Planning Agency (TRPA) be updated to emphasize the importance of fuel reduction activities in the Tahoe Basin, with the priority given to protection of life, property, and the environment, in that order.
Recommendation 10: The regulatory and implementing agencies in the Lake Tahoe Basin must simplify the existing system for permitting fuel reduction projects. Specific actions are identified that must be taken to streamline planning, implementation, and monitoring of fuel reduction projects
Recommendation 11: All TRPA ordinances and procedures, whether presently existing or as may be proposed in the future, that affect forest health issues and public safety from catastrophic fire should be reviewed in a cooperative manner by the TRPA and qualified professionals with experience in fire prevention to assure that said ordinances and procedures do not pose undue risks of catastrophic fire or create conditions that may increase the risk of such fires.
Recommendation 12: The Governing Board of the TRPA to take action no later than June 1, 2008, to reconcile all existing “best management practices” (BMP) requirements with the requirements of California PRC 4291.
Recommendation 13: Specific identified actions must be taken to formally bring the perspectives of experienced fire professionals and experts in forest health to the TRPA.
Recommendation 14: Specific identified duties must be imposed upon the TRPA to report to the Governors and Legislatures of each State, and to the Congressional delegations of each State, no less than annually, regarding the status of its efforts to reconcile the needs of fire protection, public safety, and environmental management.
Recommendation 15: Until the Legislatures of the States of California and Nevada collectively adopt legislation imposing the duties on the TRPA described in the preceding
Recommendation, the Governors of the States of California and Nevada should continue the duties and responsibilities of the California- Nevada Tahoe Basin Fire Commission for the purpose of providing such oversight.
Recommendation 16: The respective Legislatures of the States of California and Nevada should utilize their budget review processes relating to the TRPA to exercise active and aggressive oversight of the TRPA’s activities with regard to the implementation of the
Recommendations of the California-Nevada Tahoe Basin Fire Commission, fuels reductions programs within the Tahoe Basin, forest health and restoration efforts within the Basin, and fire safety
Recommendations made by the fire agencies located within the Basin.
Recommendation 17: The USDA Forest Service and the TRPA must work cooperatively to revise their MOU with focus on exempting fuels reduction projects and associated supporting activities from TRPA review and permit.
Recommendation 18: The USDA Forest Service and the LRWQCB must review their MOU and revise any stipulations that impede project planning and implementation related to fuels projects and associated supporting activities.
Recommendation 19: The Governor of the State of California should direct the LRWQCB to transfer to the TRPA no later than June 1, 2008, by a suitable MOU, all authority of the LRWQCB relating to fuels reduction projects performed within the Tahoe Basin.
Recommendation 20: The LRWQCB shall receive comments from the TRPA Governing Board prior to enacting any new regulations and/or revised interpretations of existing regulations relating to or otherwise affecting removal or mitigation of fire hazards. Angora Ridge over time
Recommendation 21: The Governing Board of the TRPA should adopt suitable procedures allowing interested persons affected by approvals or denials of fuels reduction projects that are subject to the TRPA’s revised MOU with LRWQCB with regard to such matters to appeal such decisions to the TRPA Governing Board provided that good cause is shown for such appeals, that such reviews are conducted in open meetings, and such reviews are conducted in an expeditious manner that does not unreasonably delay the implementation of the subject fuels reduction project.
Recommendation 22: The Director of Cal Fire should be empowered by the Governor of the state of California to oversee, and report to the Governor the progress on, the development of the MOU between the LRWQCB and the TRPA with regard to reduction of fire hazards. It is further recommended that the final MOU be submitted to, and be subject to the prior review and comment by the director of Cal Fire.
Recommendation 22A: The Governors of Nevada and California appoint their respective State Directors of fire fighting activities (Chief, Nevada department of Public Safety, and Chief, Cal Fire, respectively) to oversee the implementation, and report to the Governors, the progress of permit streamlining actions in the Tahoe Basin.
Recommendation 23: The quantitative standards for soil productivity and hydraulic function as developed by the U.S. Forest Service, Pacific Southwest Research Station shall be utilized throughout the Lake Tahoe Basin. It is further recommended that Region 5 of the U.S. Forest Service, with guidance from the Pacific Southwest Research Station, develop implementation and effectiveness monitoring protocols to ensure that the quantitative standards for soil productivity and hydrologic function are met.
Recommendation 24: The Lahontan Regional Water Quality Control Board Executive Officer shall issue a letter clarifying that its existing MOU with TRPA for residential construction constitutes a waiver of waste discharge requirements for new residential construction, including tree and vegetation removal, therefore eliminating the need for a permit from the Lahontan Regional Water Quality Control Board.
Recommendation 25: The California Legislature should take action to amend PRC 4527 Timber Operations or/and PRC 4526 Timberland, so as to eliminate the need for Cal Fire to require a notice of exemption within the Lake Tahoe Basin to remove trees for new construction on non-Federal parcels less than 3 acres in size (14 CCR 1104.1), and instead defer to TRPA ordinance.
Recommendation 26: The Lahontan Regional Water Quality Control Board shall expand Category 1A of its timber waiver to include urban lots, including lots containing SEZs, owned by Federal, California State, or local governments within the Lake Tahoe Basin, eliminating the need for these land management agencies to notify or pay a fee to LRWQCB to reduce fuel loads on such lots.
Recommendation 27: The TRPA shall expand or adopt MOU’s with public land management agencies to exempt tree and vegetation removal from publicly owned urban lots.
Recommendation 28: The California Legislature should take actions, relative to the Lake Tahoe Basin, to amend PRC 4527 “Timber operations” or/and or California PRC 4526 “Timberland,” so as to no longer require projects on parcels than 3 acres in size that would require a notice of Exemption for Harvesting Christmas Trees (14CCR 1038 (a)), Less than 10% Average Volume of Dead Dying or Diseased Trees (14CCR 1038 (b)), compliance with PRC 4290 and 4291 (14CCR 1038 (c) ) and the Tahoe Exemption (14CCr 1038 (f)) from Forest Practice Act filing requirements within the Lake Tahoe Basin, and instead refer to TRPA ordinance.
CATEGORY 3: COMMUNITY AND HOMEOWNER FIRE PREVENTION
Recommendation 29: The regulatory and implementing agencies in the Lake Tahoe Basin shall come to agreement on a single, clear and consistent set of specifically identified guidelines and practices to make it easier for property owners to attain defensible space around their properties without violating erosion control “best management practices” (BMPs).
Recommendation 30: The Governors should support and enhance the existing fire prevention education program, “Living With Fire,” which is coordinated by the University of Nevada Cooperative Extension.
Recommendation 31: Education, inspections and enforcement of defensible space measures must emphasize the importance of removing hazardous vegetative fuels on the property and actively educate the homeowner about building envelope ignition resistance.
Recommendation 32: A single point of contact, such as a “1-800-number,” should be developed for property owners to call for information on defensible space guidelines and permit requirements.
Recommendation 33: Cal Fire, the Nevada Department of Forestry (NDF), TRPA, and the Tahoe Basin fire agencies should work together to create a defensible space based tree marking program, and Cal Fire and NDF should include this program in their annual PRC 4291 training to all fire agencies in the Tahoe Basin to ensure that tree marking for defensible space purposes is conducted consistently throughout the Basin.
Recommendation 34: Specific identified changes should be made to California Public Resources Code (PRC) regarding the role of Registered Professional Foresters in the implementation of defensible space measures.
Recommendation 35: There should be vigorous enforcement of defensible space provisions, and the imposition of consequences for noncompliance, which may include fines provided for under PRC 4291, additional fines imposed by TRPA, and/or billing a homeowner (or placing a lien on properties until the bill is paid) after some number of notices of violations have been ignored.
Recommendation 36: Specific identified steps should be taken to encourage the use of fire resistant building materials.
Recommendation 37: All local governmental authorities in the Tahoe Basin having jurisdiction and control over buildings and structures, including the various fire agencies located within the Tahoe Basin, should adopt suitable ordinances requiring the retrofitting of existing structures within the Tahoe Basin to meet modern fire standards suitable for use in wildland urban interface areas. In particular, it is recommended that all buildings presently existing in the Tahoe Basin that have wood shake or shingle roofs be required to replace existing roofs with roofing materials that are ignition resistant and suitable for use within wildland urban interface areas.
Recommendation 38: Local governments, with the assistance of the Tahoe Basin Fire Chiefs and any Basin-wide Fire Safe Council or other organization formed to address fire safety matters in the Basin, should pursue any grant or loan programs that may be available to assist property owners in retrofitting their residences to meet these requirements.
Recommendation 39: A minimum of two Cal Fire fire prevention positions should be permanently stationed in the Basin.
Recommendation 40: A Basin-wide deficiency study and needs assessment based on existing conditions and current fire codes should be completed to make
Recommendations in determining the cost associated with replacing and updating undersized water distribution infrastructure.
CATEGORY 4: FOREST AND FUELS MANAGEMENT
Recommendation 41: The USDA Forest Service and all other landowners within the Angora Fire burn area should immediately undertake specific, identified actions to facilitate the removal from the area of burnt trees that are salvageable for commercial purposes.
Recommendation 42: Pre-fire fuels treatment prescriptions that proved effective in the Angora Fire on USDA Forest Service urban intermix parcels should be encouraged and implemented more widely
Recommendation 43: The TRPA must continue to make the avoidance of catastrophic fire its number one priority and should be aggressive in facilitating, approving, and permitting projects by land managers and property owners to remove fuels from the forests and to implement forest restoration plans for the purpose of creating more fire-resilient forests within the Tahoe Basin.
Recommendation 44: The “Multi-Jurisdictional Fuel Reduction and Wildfire Prevention Strategy Ten-Year Plan” and its annual updating process should be used as the mechanism to achieve interagency coordination, increased economic and operational efficiency, and public awareness of fuel treatment priorities within the Basin for the next ten years.
Recommendation 45: The 17 agencies covered by the “Multi-Jurisdictional Fuel Reduction and Wildfire Prevention Strategy Ten-Year Plan” should annually develop one or more fuel treatment projects that integrate fuels treatment across jurisdictional boundaries with one decision document, combined funding, and one implementation contract to the extent feasible under their legal authorities. This
Recommendation should be applied to Round 9 and all subsequent Southern Nevada Public Lands Management Act (SNPLMA) funding cycles.
Recommendation 46: Specific, identified actions should be taken to encourage forest thinning and woody biomass-to-energy processing in the Tahoe Basin as essential components of restoring healthy forest conditions, reducing the severity and intensity of future wildfires, lowering air and water pollution, and reducing local production of greenhouse gases.
Recommendation 47: Where biomass-to-energy processing is not practical, excess forest fuels that must be removed to achieve forest health and fire protection purposes should be utilized for firewood and recreational experiences, while people selling firewood should be encouraged to use vendors that acquire their wood from the Tahoe Basin.
Recommendation 48: Where utilization of excess forest fuels is not practical, prescribed fire should be promoted as an effective means of managing for a fire-resilient forest.
Recommendation 49: Specific, identified actions should be taken to implement a more comprehensive air quality and meteorological information system In order to optimize burn windows for prescribed fire activities within the Lake Tahoe, while minimizing negative air quality impacts.
Recommendation 50: The California Air Resources Board (CARB) should develop and implement a test program, by March 1, 2008, to evaluate alternate burn day criteria, to see if additional burn days can be added in the Lake Tahoe Air Basin without adverse effects on the region’s air quality.
Recommendation 51: A sub-committee of the Lake Tahoe Area Air Quality Working Group should develop suitable public information products (accounting for different values, expectations, and level of local knowledge between visitors and residents) to be used by all land managers and air quality agencies in the Basin to educate the public on fuels treatment, prescribed burning, smoke management, and public health.
Recommendation 52: Where practical, air curtain burners should be used as an alternative to open pile burning as one of the options for disposal of thinned forest fuels.
Recommendation 53: The California Air Resources Board and local Air Pollution Control Districts should consider permitting more prescribed burning ahead of good dispersal conditions.
Recommendation 54: The air quality agencies and land managers in Nevada should continue to follow the same prescribed burning practices that are currently in place, and in the application of their Smoke Management Programs should consider all available sources of information in order to make betterinformed decisions.
Recommendation 55: The TRPA, Lahontan Regional Water Quality Control Board, and other Lake Tahoe Basin regulatory agencies should review and revise current policies, as appropriate, to allow the use of temporary access roads and mechanized equipment to expedite forest health and fuels reduction projects for the purpose of reducing the risk of catastrophic wildfire.
Recommendation 56: The TRPA should take the actions necessary to allow the use of mechanized equipment to remove fuels in stream environment zones(SEZs), which should include, if necessary, revising their Lake Tahoe 208 Water Quality Plan’s section for mechanical work within SEZs. Until the risk of catastrophic fire is significantly reduced or eliminated in the Tahoe Basin, agencies having jurisdiction in the Basin shall consider fire hazard reduction an overriding priority when considering applications for use of mechanized equipment for hazardous fuels reduction projects.
Recommendation 57: The Lahontan Regional Water Quality Control Board shall change the interpretation of their regulations to allow pile burning and the spreading of chipped material in SEZs.
Recommendation 58: Land managers and regulatory personnel should develop a Handbook of Forestry Practices for the Lake Tahoe Basin that is based on finding common solutions through a collaborative process, using a sciencebased approach, following adaptive management principles, and using a broad range of field plots and direct measurements to test specific hypotheses.
Recommendation 59: The regulatory and implementing agencies in the Lake Tahoe Basin must take specific, identified actions to simplify the existing system for monitoring the impacts of fuel reduction projects.
Recommendation 60: To ensure compliance with California Public Resource code and the Professional Foresters Law, the TRPA should define “small undeveloped urban lots devoted to urban uses” in the California portion of the Lake Tahoe Basin as those lots that are 1) undeveloped, 2) within a community, and 3) less than two acres in size.
CATEGORY 5: FIRE SUPPRESSION
Recommendation 61: The Governors of California and Nevada should adopt the priorities of life, property, and the environment, in that order, with respect to fire safety, fire prevention, and such other matters within the Lake Tahoe Basin.
Recommendation 62: The State of California should review of the level of fire protection service provided to California “state responsibility areas” in the Tahoe Basin to determine if adjustments need to be made to achieve a level of protection that is comparable to similar lands elsewhere in the state. If so, consideration should be given to placing fire engines on the north and south ends of Lake Tahoe 24/7 during declared fire season, and instructing those engine companies (and potential forester positions) to participate in California PRC 4291 inspections in cooperation with local government agencies.
Recommendation 63: The State of California should study the feasibility of locating a new Cal Fire station on State Park property or on alternative properties in the Lake Tahoe Basin.
Recommendation 64: The U.S. Forest Service’s Lake Tahoe Basin Management Unit should explore opportunities to co-locate Fire Protection District and Forest Service engines to improve wildland fire response times on the north shore areas of the Lake Tahoe Basin.
Recommendation 65: The Governors should support equipping the C- 130s of the Nevada Air National Guard with the Modular Airborne Fire Fighting System and appropriate equipment.
Recommendation 66: A permanent interagency (federal, state & local) agreement should be developed and implemented prior to the 2008 wildfire season that ensures that all available wildfire suppression resources are identified and deployed to reported wildfires in the Lake Tahoe Basin based on the “closest forces” doctrine, regardless of jurisdictional boundaries or dispatching responsibilities. California Tahoe Conservancy
CATEGORY 6: FUNDING
Recommendation 67: The Governors of the States of Nevada and California
should join with congressional representatives and the Executive Branch to amend the Lake Tahoe Restoration Act to provide a line item annual funding source appropriation for emergency fuel reduction/forest restoration efforts in the Lake Tahoe Basin.
Recommendation 68: The States of Nevada and California should review their statutes to assure that adequate statutory authority exists to permit the imposition of special assessment districts for the collection of funds for fire safety and fire prevention and, if necessary, adopt such legislation as may be reasonably necessary to authorize such local funding mechanisms in the Tahoe Basin area for fire safety and fire prevention needs. If such authority exists, all local governmental entities within the Tahoe Basin, including all of the counties and city governments in the Basin, should consider the implementation of special assessment districts or similar funding mechanisms, for the collection of funds for fire safety and fire prevention activities in the wildland urban interface (WUI) areas within and surrounding the communities in the Tahoe Basin.
Recommendation 69: All permitting agencies within the Tahoe Basin, all entities providing funding for fuel treatment projects within the Basin, and all land managers within the Tahoe Basin assign, should as their respective first priority for action, fuel treatment projects most likely to protect life, property, and the environment in that order.
Recommendation 70: The Governors of the States of California and Nevada should request the TRPA to submit a supplemental budget request to the two States addressing the additional costs, if any, anticipated to be incurred by the TRPA in meeting any additional duties imposed upon it by the two States pursuant to the Commission’s
Recommendations, and the Governors should request the Legislatures of their respective States to fund reasonable supplemental budget requests for such purposes.
