Fire Rights and Wrongs
posted in Public lands, Wildfire |Ray Rasker, the Antiplanner’s friend from the days when the Antiplanner worked primarily for environmental groups, has published a paper offering ten ways to reduce firefighting costs in the wildland-urban interface (WUI). That’s the private land where people are building homes near fire-prone federal lands. Unfortunately, the Antiplanner must respectfully disagree with most of Rasker’s proposals.

Rasker’s view is that fire costs have escalated in recent years as people have built more first and second homes in rural areas near public lands. This leads firefighters to make extraordinary efforts to keep fires from burning those homes. The solution, then, is to keep people from building in those areas, and at least eight of Rasker’s ten proposals focus on that solution.
For example, one of Rasker’s solutions is to “Allow Insurance Companies to Charge Higher Premiums in Fire-Prone Areas.” That sounds innocuous enough, except for the fact that insurance companies are already allowed to do that (and they do). Rasker’s real goal is to set the premiums “sufficiently high to discourage development in the WUI” (p. 45).
The Antiplanner’s view is quite different. Both morally and legally, if I allow my property to become fire prone and a fire starts and spreads to your property, I am responsible for the cost and damage. Federal land managers manage fire-prone landscapes and even admit that they are more fire-prone than they ought to be due to past mismanagement. Though the federal government claims exception from the legal responsibility for what happens to adjacent lands, it remains morally true that, in focusing his solutions on nearby private landowners, Rasker is blaming the victim.
Aside from this moral issue, Rasker has his facts wrong. First, he is wrong to focus exclusively on the WUI. The Forest Service says (p. 1-2), “Fires in recent years have become larger and more difficult to control due to a variety of factors, including climate change, persistent drought, increasingly hazardous fuels conditions due in part to past wildfire suppression and management policies, and the increased development in the Wildland Urban Interface.” Rasker’s solutions deal only with the last of these four factors.
Second, it isn’t even clear that WUI is a significant factor. As previously noted here, Forest Service research has found no connection between the firefighting costs and the number of homes in the WUI.
Third, leaving aside the moral question of who is to blame, there is a much simpler solution to the WUI problem: simply encourage people who have property in the WUI to make their homes and other improvements fire safe. As previously noted here, “shelter-in-place” standards create homes that are so fireproof, it is safer to stay in the home than to evacuate if a wildfire is heading your way. The standards are pretty basic: make roofs and eves fireproof so that firebrands landing on homes won’t ignite the buildings, and install fire-resistent landscaping so that fires creeping through the ground cover and the radiant heat from burning trees won’t ignite the foundation or walls.
If it is possible to build shelter-in-place homes, then why should we forbid people from building on their own land? We can debate whether the government should mandate, create incentives for, or simply educate people about shelter-in-place standards. But attempting to forbid people from building on their own land represents a taking that is all the more outrageous because the problem is really one of federal land mismanagement, not private management.
I don’t know about Rasker, but at least some proponents of his viewpoint have a hidden agenda. They want to keep rural areas rural by preventing or at least discouraging any more people from living in those areas. While they make an exception for those who have genuine rural occupations, they think exurbanites should remain in urban areas. This is really an elitist attitude considering that many who hold it already have their own homes or second homes in the WUI.
(I once visited the home of a board member of a major environmental group. Above his hillside house was national forest and below was more homes on 5 to 10 acre lots. Looking at these homes, my host said, “None of those houses should have been built: they are all on prime elk habitat.” After a pause, he continued, “Of course, so is this house, but we didn’t know it at the time we built it.”)
The Antiplanner does agree with one of Rasker’s ideas, though not for Rasker’s reason. He proposes to “reduce federal firefighting budgets” so that local governments will have to pay a larger share of firefighting costs. This, he hopes, will lead them to stop issuing permits to build in the WUI.
I think we need to reduce firefighting budgets because the real reason costs have grown is that Congress has given federal agencies, particularly the Forest Service, a blank check for fire suppression. Congress repealed this blank check in 1979, and the 1980s were the only time the Forest Service made a serious effort to contain costs. But then Congress effectively reinstated the blank check (by reimbursing Forest Service losses after two particularly bad fire years), and the agency lost interest in saving money.
More than 55 percent of the money spent by the Forest Service in 2008 was on fire (p. D-2). To the extent that any of this spending is to protect homes in the WUI, we can stop it by encouraging homeowners to build or retrofit their homes to shelter-in-place standards. But we don’t hear much about that because the Forest Service is addicted to the dollars and environmentalists are addicted to the power that comes from telling people what to do with their own land.




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