Win for wildfire safety

Fish swimming on the bottom of the river

Victory! LUBA rejected Josephine County’s zoning code amendments, protecting residents and forests from increasing fire hazards. Photo by Bureau of Land Management Oregon and Washington. CC BY 2.0.

Advocates restore important structural fire protections in Josephine County

Victory! Alongside Rogue Advocates, we challenged Josephine County’s decision to strip fire safety protections, and won! The Oregon Land Use Board of Appeals (LUBA) ruled that the County’s zoning code amendments violated state law.   

This decision protects County residents and forests from the ever-present threat of wildfires. 

Prior to the Josephine County Board of County Commissioners’ amendments, landowners in rural zones were required to contract with a fire protection district or demonstrate that they had their own on-site water tanks to put out a structural fire. In February 2024, the Board of Commissioners voted to remove these protections, despite the increasing severity and frequency of wildfires in the area.

The amendments to the County’s fire safety ordinance allowed development in the wildland-urban interface without providing any structural fire protection. With LUBA’s decision, these protections are restored, and the zoning code will require future developments to follow responsible and safe practices.

Photo by BLM Oregon and Washington. CC BY 2.0.

Josephine County is at high risk of wildfires. Photo by Kari Greer. CC by 2.0.

People kayaking in the McKenzie River with trees in the background

A lack of proper structural fire protection puts communities in danger. Photo by Maj. Leslie Reed via Oregon Military Department Public Affairs.

“With the increasing frequency, severity, and threat of wildfires as a result of climate change, ensuring that people’s homes have the appropriate protection is crucial, especially as development continues within the wildland-urban interface.”

– Kelly Chang, Legal Fellow

Kelly Chang after presenting her second oral argument in front of LUBA. Photo by Megan Gleason. 

Background

In 2020, Oregon wildfires destroyed more than 4,000 homes and burned through 1.1 million acres, devastating not just neighborhoods but entire cities. Wildfires will only become more severe as climate change progresses and extends the wildfire season. Josephine County is one of the state’s highest-risk counties for wildfire, so it is particularly vulnerable. In addition, it has one of the state’s highest poverty rates (18.6%), meaning the County’s amendments would’ve disproportionately impacted lower-income communities. 

Our client Rogue Advocates has been tracking this issue for a while. In February 2024, when the County voted on these amendments, we worked together to challenge the change. After filing a notice of intent to appeal in March and submitting our brief in May, Crag legal fellow, Kelly Chang, argued the case in June. On July 15, 2024, LUBA ruled in our client’s — and the community’s — favor. Nevertheless, Crag and Rogue Advocates will continue to monitor the County’s actions to protect communities from wildlife risk.

Client

We are proud to represent our client in this case:

  • Rogue Advocates is a nonprofit organization that works to preserve productive rural lands and promote vibrant urban centers in Rogue Valley through advocacy, education, and outreach.

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