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California’s three defensible space zones, measured out from the house.
See the rule detailsThe Board of Forestry’s Zone Zero regulations bar any new combustible fence or gate within 5 feet of a house and require the first 5 feet of an existing fence or gate that meets the house to be noncombustible, such as metal or masonry. The Board voted 8 to 0 to adopt them on August 19, 2026 and adopted a revised version on November 5, 2026; neither is in force until the Office of Administrative Law (OAL) approves it (current status).
This page covers how the Board made the rule and where its documents are. The statutes behind the rule are on Zone Zero law in California, and what the November revision changes is on Zone Zero update November 2026.
Who is the California Board of Forestry?
The State Board of Forestry and Fire Protection is a nine-member board appointed by the Governor and confirmed by the Senate (Public Resources Code 730). It writes regulations, while inspections and firefighting belong to CAL FIRE and local fire agencies. Its July 2026 staff memo is addressed to Chair Terry O’Brien.
AB 3074 (2020) created the 5 foot ember-resistant zone and left the details to the Board. AB 1455 (2025) told the Board to adopt the rule (Government Code 51182.4) and to use emergency rulemaking if regular rulemaking would miss the December 31, 2025 deadline in Executive Order N-18-25. The Board adopted its rule about eight months after that deadline.
What do the Board’s regulations say about fences?
The fence language barely moved from the first draft to the August vote. The October 2025 summary already said fences and gates attached to buildings “must be made of non-combustible materials for the first 5 feet.” The July 2026 memo says the Board “received numerous comments” on fences and kept the approach: no new combustible fences within 5 feet, existing ones may stay and be repaired, and attached fences need a noncombustible section “within five years.” The rule text gives LRA homes 3 years for that section unless the local agency sets up to 5. The final fence text is explained on Zone 0 fence requirements.
The November 5 revision, as Sonoma Valley Fire District summarizes it, adds that a fence or gate attached directly to a structure must be entirely noncombustible.
How did the rule develop from 2025 to 2026?
A Zone 0 advisory committee of the Board ran the drafting through public workshops. The Board’s August 2026 summary counts “nearly a dozen public workshops”; the July 2026 staff memo counts “nearly 20 public workshops and town hall presentations” over 15 months. The main steps:
| Date | Step | What changed |
|---|---|---|
| Oct 23, 2025 | Workshop on the October draft | Four vegetation options and two tree options put out for comment. Attached fences and gates already had to be noncombustible for the first 5 feet. Existing homes had a three-year phase-in. |
| Apr 23, 2026 | Workshop on the April 17 draft | Vegetation settled between the October options: low plants and lawn allowed outside a vegetation-free strip under the eaves. A second phase of up to 5 years added for gates, fences and the under-eave strip. |
| Jun 16, 2026 | Advisory committee meeting | Committee “voted unanimously to forward the draft regulation to the full Board.” |
| Jul 23, 2026 | Workshop and staff memo | Staff added a definition of noncombustible tied to ASTM E136 and the WUI Code, moved dead-branch removal to day one, and put “good-faith progress” in the guidance instead of the rule. |
| Aug 19, 2026 | Board vote, 8 to 0 | Rule adopted with the Zone Zero Guidance Document. |
| Nov 5, 2026 | Revised emergency regulations adopted | Directly attached fences and gates entirely noncombustible, no new trees, branch clearances from decks and openings listed among the tree rules, 2 ft plant spacing, later LRA deadline only by local ordinance with a written finding. |
The October 2025 options ranged from “Some plants in pots allowed” (Option 1, no grass, shrubs or mulch) to “Well maintained plants allowed” (Option 4, which banned only dead plants, leaves, needles, weeds and combustible mulch). Some cities pushed for Option 4. A Los Angeles City Council committee approved a motion on December 10, 2025 asking LAFD to write city rules on that basis, and Pasadena’s council authorized a letter to the Board in April 2026 asking for it; both are covered on Zone 0 rules by city. The adopted text is closest to Option 3 (spaced plants up to 18 inches, kept away from windows, doors and vents), with lawn and low ground covers also allowed.
What happened after the 8 to 0 vote?
The July memo said staff would “immediately submit” the package to OAL after a vote and expected the rule “could become effective as early as September 2026.” Instead:
- August 28, 2026. Filed with OAL as an emergency regulation.
- September 8, 2026. Withdrawn by the Board before OAL ruled. OAL’s record lists the file, titled “Zone 0 Defensible Space,” as withdrawn and gives no reason.
- Late October 2026. Board staff said OAL had raised questions, including about the emergency rulemaking authority, and that the package would come back before the Board on November 5 for approval of changes, then return to OAL. Staff put the soonest effective date at the very end of November or early December.
- November 5, 2026. The Board adopted revised emergency regulations after withdrawing the August package. Its public notice anticipates submission to OAL on or after November 13.
What does a refiling require?
The Board does not need to restart from scratch. AB 1455 lets it “readopt any emergency regulation authorized by this section that is the same as or substantially equivalent to” one it adopted before (Government Code 51182.4(c)). If staff changes the text, the Board approves the changes at a public meeting, then files the package with OAL again.
From there OAL’s emergency process applies. OAL posts a notice, which opens a five calendar day comment period, then has 10 calendar days to approve or disapprove. An approved emergency regulation “usually becomes effective when filed with the Secretary of State.” Most emergency rules expire after 180 days, but AB 1455 says these “shall remain in effect until revised by the State Board of Forestry and Fire Protection” (51182.4(d)). AB 1455 also says adopting or readopting the rule is not a “project” under CEQA (51182.4(e)), so no environmental review sits in the path.
Where do I read the rule text and Board documents?
The Board publishes on bof.fire.ca.gov, with the PDFs served from a separate file host. Which one to open:
| Document | Use it for | Watch out for |
|---|---|---|
| Rule text as approved, August 19, 2026 (summary plus 14 CCR 1298 and 1299) | The August wording: definitions, fence clauses, deadlines in 1298.04(c) and 1299.03(e) | Pages are headed “August 19, 2026 Draft” and “Deliberative draft/confidential”; superseded by the November 5 revision |
| Sonoma Valley Fire District page and Property Owner Guide, November 2026 | A local fire district’s summary of the November 5 revised text | A summary, not the rule; the text OAL files governs |
| Zone Zero Guidance Document, dated September 2026 | Plain-language explanations, enforcement approach, photos | It is guidance, not law; where it differs from the rule (it says gates get 5 years), the rule text governs |
| July 2026 staff memo | Why the Board made its final choices on fences, cultural institutions, trees and local alternatives | Describes intent, not binding text |
| April 2026 draft | Comparing earlier wording | Superseded |
| October 2025 summary | The four vegetation options | Superseded |
The rule has two halves: 14 CCR 1298.01 to 1298.04 for Very High zones in local areas (the LRA, where a city, county or district fights fires) and 14 CCR 1299.01 to 1299.03 for the State Responsibility Area, where CAL FIRE does.
How can I take part?
- Write to the Board. The August 2026 summary asks the public to “submit your comment to PublicComments@bof.ca.gov.”
- Comment to OAL when the revised package is filed. OAL says comments “must be submitted directly to OAL within five calendar days” of its notice, by email to staff@oal.ca.gov, and “a copy of the comment must also be submitted to the rulemaking agency’s contact person.” A filing appears on OAL’s Emergency Regulations Under Review list.
- Ask your city or fire district. AB 1455 lets local agencies adopt their own versions at council and district board meetings.
Once the rule is in force, inspections fall to CAL FIRE and local fire agencies, covered on Zone Zero enforcement and inspections, and the compliance clocks are worked through on when Zone Zero takes effect.
When each Zone 0 requirement applies, counted from the day the rule takes effect.
See the rule detailsQuestions people ask
When is the next Board of Forestry Zone 0 meeting?
The Board took up Zone 0 on November 5, 2026, when it adopted revised emergency regulations. Board meeting agendas are posted on bof.fire.ca.gov. The next step for the rule is submission to OAL, which the Board's notice anticipates on or after November 13, 2026.
How do I submit a Zone Zero public comment?
Two ways. The Board takes written comments at PublicComments@bof.ca.gov, the address printed in its August 2026 summary. When the revised package is filed, OAL opens a five calendar day comment period; those comments go to OAL (staff@oal.ca.gov) within the five days, with a copy to the Board's contact person named in the notice.
Where can I find the Zone Zero regulations PDF?
The Board posted the summary and rule text as approved on August 19, 2026 in its August meeting binder (14 CCR 1298 et seq. for local areas, 1299 et seq. for the State Responsibility Area), and the Zone Zero Guidance Document dated September 2026. Both are on the Board's website. The rule pages carry the header "August 19, 2026 Draft"; that is the version the Board voted on in August. For the revised November 5, 2026 text, Sonoma Valley Fire District's November 2026 property owner guide summarizes the Board's notice.
Keep reading
GuideZone Zero in California: the law, your fence, and the deadlines
Zone Zero update November 2026: what changes for fences and gates
Is Zone Zero a law in California? What it means for your fence
When does Zone Zero go into effect? Fence and gate deadlines
California Zone Zero enforcement: when a fence or gate can be cited
More in Law and deadlines
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