As in effect on June 1, 2008
This rule implements Article XVIII of the Utah Constitution and provides for administration of the Wildland Fire Suppression Fund under the authority of Section 65A-8-207.
1. Under the terms of a cooperative fire protection agreement, the state forester shall file an annual budget for operation of a cooperative district with each participating county. The county shall budget an amount for actual fire suppression costs determined to be normal by the state forester.
2. Normal fire suppression costs are defined as the actual costs identified by annual audits of a participating county's financial records and costs paid by the state in the county's behalf under the terms of Sections 65A- 8-203 and 65A-8-205. The most recent seven-year record will be used. The highest year and lowest year will be deducted and the remaining five years averaged.
3. The seven years of fire suppression costs will be in constant dollars, which allows for the effect of inflation.
4. The minimum county budget for fire suppression costs shall be $5,000. The effect of inflation will be considered every three years. An amount equal to the accumulated inflation over this period will be added to this base budget for fire suppression. This time period began January 1, 1999.
1. The annual sign up period will be from November 1 through January 10 of the following year.
2. The effective period for payments out of the Wildland Fire Suppression Fund will be June 1 through October 31 of each year. Should the state forester determine the need to extend the fire season as specified in Section 65A-8-211 due to fire severity, all suppression costs incurred during that extension period will be eligible. A participating county may petition the state forester in writing requesting use of the Wildland Fire Suppression Fund to cover wildland fire suppression costs incurred outside the normal fire season.
3. A participating county shall make its assessment fee and any required equity payment by March 15 of each year.
1. The unincorporated acreage to be used in determining a portion of the assessment fee for participation in the Wildland Fire Suppression Fund will be the private acreage provided by the county from its ownership records. The acreage figure will be updated by the county every three years.
2. A county shall report all of the unincorporated private acreage within the county in order to participate in the Wildland Fire Suppression Fund.
1. The taxable value of property in the unincorporated area of a county will be the locally assessed value of real property provided by the county to the Utah State Tax Commission, Property Tax Division on an annual basis.
2. Value of real property means:
(a) the value of real estate, including patented mining claims as reported pursuant to Section 59-2- 322.
(b) the value of improvements as reported pursuant to section 59-2-322.
3. The county must adhere to Utah State Tax Commission policy for periodic reassessment of property. A county that is found to be in arrears on meeting this requirement will be penalized by increasing the current taxable value of property by 25% in determining the county's assessment fee.
1. Unless waived by the legislature, an equity payment is required if a county elects to participate in the Wildland Fire Suppression Fund after the initial sign up period or to reestablish participation in the fund after a county's participation was terminated at the county's choice or for revocation by the state forester. The initial sign up period ended on May 31, 1998.
2. The equity payment is based on what the county's annual assessment fee would have been for the previous three years. In no case will the equity payment exceed three years of assessment.
3. If a county elects to join the suppression fund for the first time after May 31, 2000, an equity payment will be required that is equal to the previous three years' assessment fees.
4. If a county elects to withdraw from the fund or participation is revoked by the state forester, the county may request permission in writing to re-establish participation. Upon acceptance, the county must make an equity payment equal to what its assessment fees would have been for each year it was out of the fund, not to exceed three years.
1. After the County's approved fire suppression budget has been depleted, all fire suppression costs that occur during the fire season, as defined in R652-121-300, directly related to the control of wildfires on forest, range and watershed lands within the unincorporated area of a participating county are eligible for coverage by the Wildland Fire Suppression Fund. The costs of resources directly involved in fire suppression efforts that are paid from the county's wildland fire suppression account are eligible. The county must notify the state forester in writing when the county's budget for normal fire suppression costs has been expended. Area managers will verify to the state forester in writing that a county's fire suppression budget has been depleted.
2. A good faith effort must be made by the counties to recover suppression costs for human caused fires. If the county has evidence that indicates a responsible party for a fire and chooses not to proceed, suppression cost for that fire is not eligible for reimbursement from the Wildland Fire Suppression Fund. After consultation between the county and state, the state forester will determine if a good faith effort has been made to recover suppression cost.
3. Wildland Fire suppression costs recovered under Section 65A-3-4 will be repaid to the Wildland Fire Suppression Fund.
4. Presuppression projects may be funded from the Wildland Fire Suppression Fund when approved in advance by the state forester.
If the Wildland Fire Suppression Fund is not adequate to pay all eligible fire suppression costs, prorated expenditure payments will be made to affected counties. The remaining county liability will be shared between the county and state as provided by the current agreement.
Pursuant to Section 65A-8-205 a county legislative body may enter into a written agreement with the state forester to participate in the Wildland Fire Suppression Fund. The written agreement to authorize a county's participation in the fund may be an addendum to the current cooperative wildland fire agreement between a county and the state forester.
1. A county's eligibility to participate in the Wildland Fire Suppression Fund may be revoked for failure to:
(a) pay the required assessment or equity fees when due after being notified by the state forester as specified in Subsection R652-121-1100(2).
(b) provide documented unincorporated acreage figures for assessment determination; or
(c) provide total taxable value of unincorporated property as provided annually to the Utah State Tax Commission, Property Tax Division for the assessment determination.
2. The state forester will apprise a county in writing of any deficiency in Subsection R652-121- 1100(1) within 30 days following the due date. Deficiencies not remedied within 60 days shall result in revocation of a county's participation in the Wildland Fire Suppression Fund.
Presuppression activities are those activities related to wildfire prevention, preparedness and mitigation to reduce hazard or risk on eligible lands. Presuppression activities include fuel treatment, fuel breaks, defensible space, codes and ordinances, presuppression plans, wildland fire protection capability, wildland fire suppression training and other practices which reduce hazards or risks in the eligible areas.
1. Presuppression project proposals must be submitted to the state forester in writing prior to implementation. The written proposal shall detail:
(a) the location of the project,
(b) the purpose of the project,
(c) the methods of accomplishing the project,
(d) the time line for completion of the project,
(e) the resources needed and their availability,
(f) itemized estimated cost for the project, and
(g) other data required by the state forester.
2. Presuppression project proposals may be submitted by the counties to the state forester from March 1 through April 1 and August 1 through September 1 of each year. The counties will be notified by May 1 or October 1 of the state forester's decision on the proposed projects.
1. The cost of a county's approved presuppression projects shall not exceed 75% of that county's annual assessment fee for the Wildland Fire Suppression Fund.
2. Presuppression projects may be cost shared at a rate between 25% and 75% of the total cost of the project. The cost share rate will be determined by the state forester for each project category on an annual basis. These cost share rates will be communicated to the counties by January 30 of each year
3. Presuppression projects may be proposed for multi-year funded projects. These multi-year funded projects may not exceed three years. Annual cost share payments to a county for a multi-year project may not exceed 75% of that county's annual assessment fee. Project proposals will be developed to reflect annual work plans and payments to complete the project over a specified number of years.
4. The costs that may be reimbursed for presuppression projects may be limited by legislative appropriation. The Division shall not authorize payments for presuppression projects that exceed 75% of the total annual assessment fees paid into the fund by participating counties.
1. Cost share payment for presuppression projects will be made to the counties when:
(a) the project is completed, inspected and certified by the area manager; and
(b) the county makes a written request for reimbursement with documented costs.
Wildland fire suppression costs on state-owned lands are not eligible to be covered from the Wildland Fire Suppression Fund.
administrative procedures, wildland fire fund
January 4, 2002
October 2, 2007
65A-8-207
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