By Margaret Gander-Vo and Emily Rich, Real Estate and Land Use practice group.
On January 7, 2025, the Oregon Department of Forestry (ODF) posted the Statewide Wildfire Hazard Map to the Oregon Explorer website. The Wildfire Hazard Map designates properties as being in a low, moderate, or high wildfire hazard zone as well as identifying whether a property is located within the Wildland Urban Interface (WUI). Properties designated as both being in the high hazard zone and within the boundaries of the WUI may be subject to new regulations regarding defensible space requirements and additional building code standards. Property owners wishing to appeal one or both designations were required to file the appeal form provided by ODF by March 10, 2025. Unless legislative relief is provided during the current session, these appeal hearings will be scheduled for those owners who correctly filed an appeal. These hearings will be an opportunity for owners to present evidence as to why the contested designation is incorrect. A property owner who is an agency, corporation, partnership, limited liability company, trust, government body, or unincorporated association is required to be represented by an attorney at these hearings. A property owner who is an individual may hire an attorney to represent them at the hearing, but it is not required.
In a press release dated February 17, 2025, Governor Kotek announced that ODF would continue to accept appeals until the deadline stated above, but that ODF would not refer appeals to the Office of Administrative Hearings (OAH) until after the current legislative session has been concluded. The legislative session is required to end by June 29, 2025. There is at least one bill currently pending, SB 678, which if passed would repeal the Wildfire Hazard Map. However, if there is not a legislative fix, then OAH will begin contacting property owners to schedule their hearings. If you have received notice regarding a property you own which is identified in the Wildfire Hazard Map and would like to discuss your options, please reach out to our team at (503) 399-1070 or visit www.sglaw.com.
The information in this article is not intended to provide legal advice. For professional consultation, please contact Saalfeld Griggs PC at (503) 399-1070 or visit www.sglaw.com. © 2025 Saalfeld Griggs PC
Margaret Gander-Vo
margaret@sglaw.com
As a Real Estate and Land Use attorney, Margaret represents individuals and entities in a wide variety of real property transactions, including acquisitions, sales, and leases of land and buildings. She also works with developers and individuals on various types of land use applications, ranging from vacations and variances to comprehensive plan amendments and zone change applications. Margaret regularly represents clients before regulatory agencies, at hearings, and on appeal.
Emily is an associate attorney in Saalfeld Grigg’s Real Estate and Land Use practice group. She assists clients with a wide variety of real estate and land use matters including acquisitions, sales, leases, easements, conditional use permits, land divisions, and property line adjustments. Emily is passionate about helping clients achieve their real estate and land use goals.
Margaret Gander-Vo is a partner and Emily Rich is an associate in the Real Estate & Land Use practice group.