Hi Rick,
Question, can a land/home owner sue the fire department for trying to enforce something called “defensible space”. They basically will dictate what you can and can not grow on your property and what distance it should be from the structure. It is completely suffocating homeowner’s rights by forcing them to remove trees and shrubs etc or replant at a certain distance from say structure/fence. How can one fight against this?
Angeli, we’ve been thinking along these lines lately as the restrictions and demands concerning “defensible” space are getting more oppressive every time we turn around. They can actually result in a homeowner losing their home. See our effort to protect Joseph Diliberti on our webpage here: https://www.californiachaparral.org/fire/fire-prevention-services/
The current effort to make it illegal to have anything within the first 5 feet of your home is the most recent invasion of one’s private property rights, not to mention the fact that it can actually increase the chance your home will ignite by allowing embers a clear pathway to the structure.
The legislature has been successful in requiring all sorts of things on homes, from building codes (although most do make sense) to allowing homeowner associations to dictate what kind of color to paint one’s front door. Most of it has been affirmed by the courts.
We’ll have a conversation with our attorney and get back to you via email.
These cases you’ve mentioned are outrageous and I can’t believe they are trespassing on someone’s property like this (notice or no notice). This should not be allowed period. Now, with this “defensible” space, they don’t allow trees within 100’ of a structure. Most lots are less than, 80×80. So they are basically saying you are not allowed to grow trees on your property plus the new 5ft rule. This is ridiculous.
“The future of Nature in California will depend on the fate of our case before the court as California State Parks, government agencies, and many land conservancies are eager to compromise Nature to obtain habitat clearance grants (masked by euphemisms like restoration, fire resilience, and fuel reduction) to fund their bureaucracies.”
Follow the money (and pridefullness, not mindfulness)!
Hi Wayne. I think we dealing with two completely different issues here. Nelson’s song is a poetic expression of hope of the human heart. Planting a garden is a metaphor for kindness. In a time when kindness is being demonized, it is more important than ever to remember that it can still exist. All we need to do is to stop poisoning our minds with negativity and get on with it. What you do with your liberation, be it planting a garden or restoring habitat, the point is you are doing it with others, to build community, a community based on kindness.
Pingback: The Chaparralian Creed - Chaparral Wisdom
Hi Rick,
Question, can a land/home owner sue the fire department for trying to enforce something called “defensible space”. They basically will dictate what you can and can not grow on your property and what distance it should be from the structure. It is completely suffocating homeowner’s rights by forcing them to remove trees and shrubs etc or replant at a certain distance from say structure/fence. How can one fight against this?
Angeli, we’ve been thinking along these lines lately as the restrictions and demands concerning “defensible” space are getting more oppressive every time we turn around. They can actually result in a homeowner losing their home. See our effort to protect Joseph Diliberti on our webpage here:
https://www.californiachaparral.org/fire/fire-prevention-services/
The current effort to make it illegal to have anything within the first 5 feet of your home is the most recent invasion of one’s private property rights, not to mention the fact that it can actually increase the chance your home will ignite by allowing embers a clear pathway to the structure.
The legislature has been successful in requiring all sorts of things on homes, from building codes (although most do make sense) to allowing homeowner associations to dictate what kind of color to paint one’s front door. Most of it has been affirmed by the courts.
We’ll have a conversation with our attorney and get back to you via email.
These cases you’ve mentioned are outrageous and I can’t believe they are trespassing on someone’s property like this (notice or no notice). This should not be allowed period. Now, with this “defensible” space, they don’t allow trees within 100’ of a structure. Most lots are less than, 80×80. So they are basically saying you are not allowed to grow trees on your property plus the new 5ft rule. This is ridiculous.
Thank you, this was nice. BTW, I always read your post, but for some reason I can’t reply my appreciation. Hope this comes through.
“The future of Nature in California will depend on the fate of our case before the court as California State Parks, government agencies, and many land conservancies are eager to compromise Nature to obtain habitat clearance grants (masked by euphemisms like restoration, fire resilience, and fuel reduction) to fund their bureaucracies.”
Follow the money (and pridefullness, not mindfulness)!
We did win our court case last week, so the future of Nature is back in our hands, at least for now in regards to Cal Fire’s plans:
https://www4.courts.ca.gov/opinions/nonpub/D083484.PDF
Thanks, but I’d rather restore chaparral ecosystems.
https://rewilding.ecologicalcitizen.net/2024/04/15/torrey-pines-mistakes-and-progress-western-usa/
Restoration is a noble goal, but such things will not likely happen unless what Lukas and Willy sing about becomes the light that leads the way.
Why wait?
Hi Wayne. I think we dealing with two completely different issues here. Nelson’s song is a poetic expression of hope of the human heart. Planting a garden is a metaphor for kindness. In a time when kindness is being demonized, it is more important than ever to remember that it can still exist. All we need to do is to stop poisoning our minds with negativity and get on with it. What you do with your liberation, be it planting a garden or restoring habitat, the point is you are doing it with others, to build community, a community based on kindness.