The Upside Down or Zone 0 Rulemaking

It is December, and there are still no final regulations governing Zone 0. After thousands of emails and letters to the Zone 0 Committee, the closest we’ve come to a serious response is the October draft plead outlining four vegetation options and two tree options. That draft included Option 1, which repeated the original, highly restrictive vegetation-removal mandate, and Options 4 and 2, which offered more flexible, locally workable approaches.

More than 1,000 public comments were submitted in October—most from Los Angeles residents supporting the more flexible options. Yet at the November meeting, the three-member Advisory Committee announced they were leaning toward Option 1, even though no final regulations will be proposed in December. (A textbook case of inviting public input while quietly steering toward a preselected outcome—also known as the “why let data, science, or public comment disrupt a predetermined path?” approach.) Because the formal rulemaking process will miss the deadline imposed by Governor Newsom, AB1455 will now govern the process.

Why This Matters or WTH is AB1455?

After eight months of meetings, the Committee still has no workable, statewide rule—triggering the emergency path. As a result, the Board is now obligated to move forward with emergency regulations to meet the statutory deadline. AB 1455 requires the Board of Forestry to adopt Zone 0 regulations by January 1, 2026.

This is where it becomes complicated. The Committee will propose emergency regulations or guidance, which would go into effect temporarily and remain in place until the Board adopts permanent regulations. Local agencies would be required to adopt and enforce the state regulations unless they propose alternative local practices that achieve “substantially the same practical effect” as the state rules. (In other words: you can be different, as long as you’re exactly the same.) The Board can also readopt emergency regulations if permanent rules are not ready.

While many procedural questions remain unclear, the Board of Forestry has stated that under AB 1455

Existing structures used as rental properties must comply with Zone 0 requirements on the same timeline as new structures
Existing structures must comply with Zone 0 upon the sale of the structure (or 3 years, whichever is less)

What Happens Next?
The Zone 0 Committee will meet on December 8 but—consistent with their usual practice—they have not released any materials in advance, so we do not yet know what will be discussed or decided upon. (You can check their website for updates.) At the November meeting, the following timeline was presented.

Jan 14: Full Board scheduled to approve the emergency package.
Late Jan: Public notice released; package submitted to OAL, triggering an emergency comment period.
Early Feb: Emergency rules take effect if OAL approves.
March: If OAL requires revisions, the Board will consider an amended package.
April: Revised emergency rules could take effect.

We will need EVERYONE to comment on the emergency rules during the comment period in January. Of course, we will provide you with all of the information you need before then.