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is reduced, or where building envelopes <br />located to reduce fire risk must be shown. <br />• Ensure that subdivision regulations <br />include adequate standards for fire protec- <br />tion water supply and access roads to allow <br />efficient firefighting. <br />• Adopt a cluster subdivision regulation <br />that requires lots to be grouped away from <br />high and extreme fire risk areas. <br />• Require or encourage new subdivisions to <br />adopt defensible space standards in their <br />covenants, conditions, and restrictions with <br />clear language for enforcement by the home <br />owner's association. <br />• Require that open space areas, whether <br />required or part of the project's design (e.g., <br />golf course), be located to also serve "dou- <br />• ble-duty" as a community wildfire break. <br />Zoning <br />Zoning is the local government's right to <br />control what uses can occur on legally platted <br />lots and tracts of la <br />nd nd as well as the size and <br />location of structures on those lots and tracts. <br />Cities and counties can use zoning to prohibit <br />risky businesses (industry using or storing <br />combustible or hazardous materials, gas sta- <br />tions, etc.), sensitive populations (hospitals), <br />and large assembly uses (schools) in high and <br />extreme fire risk areas. Alternately, the local <br />zoning may only permit these risky or sensi- <br />tive activities and operations as conditional <br />uses subject to a public hearing, where fire <br />risks can be considered and a permit denied <br />if the risks cannot be adequately mitigated. <br />Possible conditions include limitations on the <br />size or capacity of the facility or requirements <br />for an evacuation plan. <br />Overlay Zoning <br />Overlay zones are most useful when the <br />intent is to regulate development on a geo- <br />graphic basis rather than a parcel basis. And <br />because high wildfire risk area can usually <br />be mapped clearly, a wildfire overlay is often <br />the centerpiece of a local wildfire program. <br />An analogous and common example is the <br />Federal Emergency Management Agency's <br />flood risk maps that create overlay zones to <br />govern the uses, location, and design (i.e., <br />"floodproofing") of buildings in floodplains. <br />The risks involved in WUI areas are different, <br />but the legal principles are the same —local <br />governments can always prevent risky busi- <br />nesses, sensitive populations, and large <br />assemblages of people from occupying lands <br />with higher risks to public health and safety. <br />Cities and counties can draft an overlay dis- <br />trict based on high and extreme fire risk map- <br />ping to prevent the establishment of risky <br />businesses in the overlay zone or require <br />specific construction techniques (e.g., fire - <br />retardant roofs, special soffit, or vent design) <br />or specific site management practices (e.g., <br />vegetation control) within the overlay zone. <br />Development and Design Standards <br />When development is allowed in the WUI, it <br />is important that specialized development <br />standards be included to minimize the risk <br />of wildfire: <br />• Ensure that all existing code standards, <br />especially those for landscaping, scenic <br />protection, stream/riparian buffers, steep <br />slopes, and tree preservation, are consistent <br />with defensible space/vegetation manage- <br />ment requirements. <br />• Ensure that sign regulations do not prohibit <br />signs required by WUI regulations or those <br />necessary to allow firefighters to locate rural <br />and remote properties and structures. <br />• Consider requirements for postfire recovery <br />to, in particular, protect soils from erosion <br />where vegetation has been damaged by fire. <br />Incentives <br />For communities not ready to adopt manda- <br />tory WUI standards, especially rural or low - <br />density communities, incentives may be the <br />more politically acceptable option: <br />• Waive platting or site plan approval fees <br />for development applications that agree to <br />implement and maintain defensible -space <br />protections or install fire-resistant roofs. <br />• Allow construction of a larger house in <br />return for commitment to build a more fire- <br />resistant house and to implement good veg- <br />etation management practices. <br />• In many cases any regulation that can be <br />imposed on a mandatory basis can be con- <br />® Defensible space <br />requirements, either <br />in development <br />regulations, or in the <br />covenants, conditions, <br />and restrictions <br />for new residential <br />subdivisions are one <br />of the most important <br />pieces of a local <br />wildfire mitigation <br />strategy. <br />ZONINGPRACTICE 5.12 <br />AMERICAN PLANNING ASSOCIATION I page 6 <br />