Wildfire map debate: Deschutes commissioners vote 2-1 to file state appeal for all 21,000 ‘high-risk’ properties

Meanwhile, ODF seeks to clarify property owner requirements to appeal designations

BEND, Ore. (KTVZ) – Deschutes County commissioners returned to the heated controversy over the state’s revised wildfire hazard map Monday afternoon and after more debate voted 2-1 to file an appeal with the state on behalf of the owners of all 21,000 properties in the county designated at high risk from wildfire.

Commissioners and staff indicated some state lawmakers had suggested the idea of appealing the designations at the county level to the state Department of Forestry, on behalf of all owners.  Critics have said the map was not created in accordance with the listed criteria and based on conjecture.

(Discussion of wildfire hazard map begins at 1:31 into meeting)

Commission Chairman Tony DeBone and colleague Patti Adair voted to file such an appeal while Commissioner Phil Chang voted no. County legal counsel David Doyle said “there’s no clear answer” in administrative rules about whether such a large joint appeal is legal.

“We’d want to have an awful lot of disclaimers,” Doyle told the board, saying it may be a “more symbolic than practical” move. Staff also urged issuing a news release to make clear individual property owners should also file appeals as well, and that the county is taking this step to bring more attention to the issue.

Adair shared more personal stories of people either seeing their insurance rates soar or being told they won’t be covered next year.

But Chang said, “My interest is actually doing something for the people of Deschutes County so that their house doesn’t burn to the ground. This appeal, all this attention on the maps – it’s not helping them. We need a lot more people to put defensible space around their homes.” And while the county and others have provided technical assistance, he said it's clear “we haven’t gotten there.”

“We need some kind of a map, some kind of special identification where people need to do the work, to actually make themselves and their neighbors safer,” Chang insisted – as well as pressing for more state funding for that work this year.

DeBone pointed to the need to balance private property rights with the goal of reducing the threat of devastating wildfires. He also noted at one point that 15 years ago, a biomass plant was proposed to remove and burn wildfire fuel, but environmental groups said, "‘No, you can’t burn anything." … A lot of people are educated about this.”

Chang pointed out the issues such as two moderate-risk homes where one saw a 10% insurance premium increase and another 39%. “I prefer we use real data that shows insurers are not using the state wildfire maps” to set rates.

“If these aren’t used (for that purpose)m what is so terrible about having someone come out and check out your property – and if you’ve done the work, great job.”

After the 2-1 vote, DeBone said, “I would support a vibrant discussion at the Legislature.” But he was critical of “one-size-fits-all solutions” at the government level and the unintended impacts.

Still, Chang said they must fight “a whole lot of misunderstanding” about how the state map affects property owners.

As the discussion ended, Chang warned those who criticize government efforts, to the point that could make real solutions more difficult to achieve.

“And if we are holding back things that are going to protect people's homes from burning to the ground, that when that happens, the blood's not on my hands,” Chang said.

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News release:

ODF clarifies property owner requirements to appeal hazard zone and wildland-urban interface designations
Oregon Dept. of Forestry - 02/24/25 1:28 PM

SALEM, Ore.--Those that own property in Oregon may still file their intent to appeal designations made by recently released wildfire hazard maps. Appeal forms must be received by March 10 to reserve a place in line for future appeal hearings. A full case does not need to be developed to file the appeal form. 

Updated maps were issued January 7 and notifications were mailed to owners of properties designated as high hazard and within the wildland-urban interface. The updated maps and mailing initiated a 60-day period to file the intent to appeal. 

Governor Kotek last week announced that Forestry officials are to hold on referring any appeals to the Office of Administrative Hearings until after the legislative session. This will allow the Legislature to deliberate potential changes to wildfire hazard map policy. 

However, if there is no change in law this session, ODF will resume the appeals process after the session concludes at the end of June. Those who wish to appeal must file their form by March 10 to preserve an ability to appeal the designations. 

No research or preparation of an appeal case needs to happen prior to filing an appeal form.

What's required for property owners to register their intent to appeal?

• File the appeal form with the Oregon Department of Forestry online by 5 p.m. March 10, or mail the form postmarked by March 10.
• Include the required information of property owner name, mailing address, property address or tax lot number of the tax lot designations to be appealed.
• Check one or both boxes to appeal designation in a specific hazard zone, or the wildland-urban interface.
• In the box that asks for more information, just write "further information will be provided."

If your property is in a trust or LLC, you must be represented by an attorney during a hearing with the Office of Administrative Hearings, but you do not need to consult an attorney prior to filing your appeal form with the Oregon Department of Forestry.

The statewide wildfire hazard and wildland-urban interface maps are available on Oregon State University's Wildfire Risk Explorer website.

Generally, the process for appeals is as follows:

• A property owner files the appeal form with the Oregon Department of Forestry.
• A Forestry official will contact the property owner to discuss their appeal case (after the conclusion of the session).
• The case will be referred to the Office of Administrative Hearings.
• A hearing with an Administrative Law Judge (ALJ) will be scheduled. Under certain circumstances, an attorney may need to represent the property owner at a hearing, but consulting an attorney isn't necessary to file the appeal form.
• All issues for an appeals case must be determined prior to the date of a hearing, but not before filing the appeal form.
• The ALJ will make a determination on the requested appeal.

The wildfire hazard map's purposes are to:

• Educate Oregon residents and property owners about the level of hazard where they live.
• Assist in prioritizing fire adaptation and mitigation resources for the most vulnerable locations.
• Identify where defensible space standards and home hardening codes will apply.

Find more information on ODF's wildfire hazard web page.