Fast-Tracking Wildfire Prevention Projects Under California’s State of Emergency

This article appeared in California Special Districts Association eNews March 11, 2025.

By Kellan Martz , Of Counsel, Best Best & Krieger LLP (BBK)

I. Introduction

California continues to face worsening wildfire risks, with devastating fires becoming more frequent and severe. The combination of drought, heavy rainfall, and fuel accumulation has increased the likelihood of large, destructive wildfires, particularly in high-risk areas such as the Wildland Urban Interface (WUI). It is the transition area where structures and other human development meet or intermingle with undeveloped wildland or vegetative fuels. In California, this area encompasses millions of housing units.

According to the California Department of Forestry and Fire Protection (CAL FIRE), 15 of the 20 most destructive California wildfires have occurred within the last ten years. This figure includes the devastating Eaton and Palisades Fires, which combined have resulted in the loss of at least 16,246 structures (these are preliminary numbers as both fires are still under investigation). These conditions have made it increasingly difficult and expensive for local agencies to implement fire prevention projects in a timely manner due to cumbersome regulatory processes.

To address these concerns, Governor Gavin Newsom proclaimed a State of Emergency on March 1, 2025. This emergency order is intended to accelerate wildfire prevention projects by temporarily modifying regulatory requirements that are seen as contributing to delays in important work such as vegetation management, prescribed burns, and infrastructure improvements.

For CSDA members, this proclamation provides an opportunity to initiate fire mitigation efforts that might otherwise take months or years to receive approval. Special districts and municipalities that oversee fire protection, land management, and infrastructure maintenance will now have more flexibility to undertake essential projects while still maintaining environmental protections.

II. Understanding the State of Emergency and Its Purpose

Governor Newsom’s proclamation is intended to eliminate procedural delays that hinder wildfire prevention efforts and fit within his recent advocacy for reducing governmental red tape where appropriate. For many years, projects designed to reduce wildfire risks have been slowed by environmental review requirements, season-specific surveys, and multi-agency permitting processes. This emergency order allows certain wildfire prevention projects to move forward in an expedited fashion while maintaining appropriate oversight and accountability.

One of the key provisions of the order is the partial suspension of the California Environmental Quality Act and the California Coastal Act for wildfire prevention projects that meet specific requirements. However, this does not mean that environmental protections have been eliminated. Instead, it ensures that urgent projects can proceed without excessive procedural delays while remaining subject to oversight from state agencies. Before proceeding under the regulatory suspensions, it is necessary to first obtain approval from the Secretary of the California Environmental Protection Agency and/or the Secretary of the California Natural Resources Agency. Approved suspensions will be publicly listed on the agency website(s).

The order authorizes state agencies to approve fire mitigation projects more rapidly. Local governments, special districts, and individuals or entities seeking to conduct fuels reduction work must first receive approval from the appropriate state agency. In addition to streamlining approvals, the order directs state agencies to develop a set of recommendations to expand the use of prescribed burns and to update the California Vegetation Treatment Program Environmental Impact Report to improve the efficiency of wildfire prevention strategies.

III. Implications for CSDA Members

For CSDA members, the emergency order provides significant advantages by reducing the regulatory burden that has historically delayed fire prevention work and contributed to high costs for such work. Agencies that previously faced long approval timelines for prescribed burns, vegetation removal, and infrastructure upgrades may now be able to implement projects in a more efficient and cost effective manner.

Another important aspect of the proclamation is the expanded access to state resources. The order directs state agencies to support local wildfire prevention efforts through technical assistance, funding opportunities, and logistical support. This includes contracts for materials, services, and housing for fire crews. Special districts should work closely with agencies such as CAL FIRE and the California Natural Resources Agency to ensure they are taking full advantage of these resources.

IV. Eligibility and Qualifying Projects

The emergency order applies to a range of public and private entities engaged in wildfire prevention efforts. Special districts responsible for fire protection, land management, and emergency response are among those eligible to participate. Local governments, utility agencies, and conservation organizations may also qualify.

Only certain types of projects are eligible for regulatory modifications under the proclamation. The order specifically outlines six categories of qualifying projects, set forth below:

1. Removal of hazardous, dead, and/or dying trees;
2. Removal of vegetation for the creation of strategic fuel breaks as identified by approved fire prevention plans, including without limitation CAL FIRE Unit Fire Plans or Community Wildfire Preparedness Plans;
3. Removal of vegetation for community defensible space;
4. Removal of vegetation along roadways, highways, and freeways for the creation of safer ingress and egress routes for the public and responders and to reduce roadside ignitions;
5. Removal of vegetation using cultural traditional ecological knowledge for cultural burning and/or prescribed fire treatments for fuels reduction; or
6. Maintenance of previously-established fuel breaks or fuels modification projects.

Each project must align with the state’s wildfire management priorities to be eligible for fast-tracking.

Although the emergency order removes certain regulatory barriers, agencies must still adhere to state environmental guidelines. All projects must be implemented in accordance with the State Environmental Protection Plan or an equivalent framework. Agencies conducting fire mitigation work should maintain documentation to demonstrate compliance with these standards.

V. Implementation and Compliance Considerations

To take full advantage of the proclamation, CSDA members should begin by identifying eligible wildfire prevention projects within their jurisdictions. Once a project is identified, agencies should coordinate with the appropriate state agency to confirm eligibility and receive the necessary approvals.

Special districts should also assess available funding opportunities and technical assistance programs. The emergency order directs state agencies to prioritize wildfire prevention efforts by providing financial support and logistical resources. Working with the relevant regional and state agencies will be essential in securing the resources needed to complete these projects.

Community engagement remains an important part of the implementation process. While the regulatory framework has been modified, agencies should consider working with local stakeholders to ensure that wildfire prevention projects are aligned with community needs. Public education efforts can help generate support for prescribed burns, defensible space initiatives, and other fire mitigation measures.?

VI. Timeline and Next Steps

In a world where the wildfire season is increasing in both length and severity, CSDA members should act quickly to take advantage of the regulatory flexibility provided by the emergency order.

The proclamation directs state agencies to submit recommendations for expanding prescribed burns within 60 days. While this deadline applies to state agencies, local agencies may use the findings to align future wildfire prevention efforts with evolving state priorities.

Although the emergency order provides short-term regulatory relief, long-term planning is still essential. Special districts should continue developing wildfire prevention strategies that align with evolving state policies and environmental conditions. This will ensure that fire mitigation efforts remain sustainable even after the emergency order expires.?

VII. Conclusion

Wildfire prevention remains a critical issue for California, and the State of Emergency provides an opportunity for local agencies to accelerate protective measures without unnecessary procedural delays. By utilizing the regulatory flexibility and additional state resources provided under this order, CSDA members can implement proactive fire mitigation strategies that will help safeguard communities in a timely and cost-effective manner.