California Real Estate Law: Homes in High-Fire Hazard Areas Must Have Ember Resistant Zone

If you live in a high fire-hazard area in the State of California, be aware of legal restrictions on how you can landscape or use the area immediately around your house.

By , J.D. ● University of Washington School of Law
Updated 7/26/2024

Because of massive wildfires that destroyed many homes and cost people their lives, in 2021, Governor Newsom signed AB-3074, to address "fire prevention, wildfire risk, defensible space, and ember-resistant zones."

Homeowners in high fire-hazard areas (as identified by the Department of Forestry and Fire Protection) were already subject to various legal requirements. Existing law required (and still requires) them to maintain a defensible space of 100 feet from each side and from the front and rear of their house or structure. Violations can be punished as crimes.

This 2021 law added to those requirements. Homeowners now need to use more intense fuel-reduction measures in the area between 5 and 30 feet around their structure, and to create an ember-resistant zone within the 5-foot area.

What Is "Defensible Space"?

Exactly what this legal requirement means for homeowners will continue to depend in part on the property. It doesn't necessarily mean one has to pour a circle of cement around one's house!
The law states that the modification should take into account the "flammability of the structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained in a condition so that a wildfire burning under average weather conditions would be unlikely to ignite the structure."

What Happens If I Violate This Law?

As before, violation of these provisions will be considered a crime. However, the law mentions that such enforcement should be pursued only as a last resort. Consult with a property lawyer if you have questions or concerns.