Utah Code § 65A-8-203 — Utah Code / Title 65A / Chapter 65A-8 / § 65A-8-203
§ 65A-8-203. Cooperative fire protection agreements.
Status: in_force

(1) As used in this section, "eligible entity" means: (a) a county, a municipality, or a special service district, special district, or service area with: (i) wildland fire suppression responsibility as described in Section 11-7-1; and (ii) wildland fire suppression cost responsibility and taxing authority for a specific geographic jurisdiction; or (b) upon approval by the director, a political subdivision established by a county, municipality, special service district, special district, or service area that is responsible for: (i) providing wildland fire suppression services; and (ii) paying for the cost of wildland fire suppression services. (2) (a) The governing body of any eligible entity may enter into a cooperative agreement with the division to receive financial and wildfire management cooperation and assistance from the division, as described in this part. (b) A cooperative agreement shall last for a term of no more than five years and be renewable if the eligible entity continues to meet the requirements of this chapter. (3) (a) The state shall assume an eligible entity's cost of suppressing catastrophic wildfire as defined in the cooperative agreement if the eligible entity has entered into, and is in full compliance with, a cooperative agreement with the division, as described in this section. (b) A county or municipality that is not covered by a cooperative agreement with the division, as described in this section, shall be responsible for wildland fire costs within the county or municipality's jurisdiction, as described in Section 65A-8-203.2. (4) To enter into a cooperative agreement with the division, the eligible entity shall: (a) require that the fire department or equivalent fire service provider under contract with, or delegated by, the eligible entity on unincorporated land meet minimum standards for wildland fire training, certification, and suppression equipment based upon nationally accepted standards as specified by the division; (b) invest in prevention, preparedness, and mitigation efforts, as agreed to with the division, that will reduce the eligible entity's risk of catastrophic wildfire; (c) (i) file with the division an annual accounting of wildfire prevention, preparedness, mitigation actions, and associated costs; (ii) meet the eligibility entity's participation commitment by making direct payments to the division; or (iii) do a combination of Subsections (4)(c)(i) and (ii); (d) return the financial statement described in Subsection (6), signed by the chief executive of the eligible entity, to the division on or before the date set by the division; (e) if the eligible entity is a county, have a designated fire warden as described in Section 65A-8-209.1; (f) subject to Subsection (9), adopt and enforce the wildland urban interface building standards, as defined in Section 65A-8-401, if the eligible entity is a: (i) county for purposes of an unincorporated area within the county; or (ii) municipality for an incorporated area within a county; and (g) if the eligible entity is a county, comply with Section 17-16-22. (5) (a) The state forester may execute a cooperative agreement with the eligible entity. (b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing the: (i) cooperative agreements described in this section; (ii) manner in which an eligible entity shall provide proof of compliance with Subsection (4); (iii) manner by which the division may revoke a cooperative agreement if an eligible entity ceases to meet the requirements described in this section; (iv) accounting system for determining suppression costs; (v) manner in which the division shall determine the eligible entity's participation commitment; and (vi) manner in which an eligible entity may appeal a division determination of participation commitment. (6) (a) The division shall send a financial statement to each eligible entity participating in a cooperative agreement that details the eligible entity's participation commitment for the coming fiscal year, including the prevention, preparedness, and mitigation actions agreed to under Subsection (4)(b). (b) Each eligible entity participating in a cooperative agreement shall: (i) have the chief executive of the eligible entity sign the financial statement, or the legislative body of the eligible entity approve the financial statement by resolution, confirming the eligible entity's participation for the upcoming year; and (ii) return the financial statement to the division, on or before a date set by the division. (c) A financial statement shall be effective for one calendar year, beginning on the date set by the division, as described in Subsection (6)(b). (7) (a) An eligible entity may revoke a cooperative agreement before the end of the cooperative agreement's term by: (i) informing the division, in writing, of the eligible entity's intention to revoke the cooperative agreement; or (ii) failing to sign and return its annual financial statement, as described in Subsection (6)(b), unless the director grants an extension. (b) An eligible entity may not revoke a cooperative agreement before the end of the term of a signed annual financial statement, as described in Subsection (6)(c). (8) (a) The division shall develop and maintain a wildfire risk assessment mapping tool that is online and publicly accessible. (b) The division shall analyze and establish by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, boundaries for high risk wildland urban interface property and what constitutes wildland urban interface property that is not high risk within the wildfire risk assessment mapping tool described in Subsection (8)(a): (i) using a scientific assessment; and (ii) that is focused on the risk to dwellings within the wildland urban interface area. (c) With regard to the categories used within the wildfire risk assessment mapping tool described in Subsection (8)(a), the division may adjust the assessment for participation commitments if the adjustment is based on the Consumer Price Index for All Urban Consumers as published by the Bureau of Labor Statistics of the United States Department of Labor, in accordance with a formula established by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (d) Notwithstanding Subsection (8)(a), the division shall: (i) (A) for the wildfire risk assessment mapping tool that the division has adopted before the effective date of this section, provide a copy and explanation of the wildfire risk assessment mapping tool to each county on or before August 6, 2026; and (B) for a wildfire risk assessment mapping tool that the division adopts on or after the effective date of this section which expands the boundary of the high risk wildland urban interface, provide a copy and explanation of the expansion of the boundary of the high risk wildland urban interface to each impacted county at least 60 days before adopting the change to the wildfire risk assessment mapping tool; (ii) give each impacted county 30 days after the day on which the division complies with Subsection (8)(d)(i) to provide the division written recommended changes; (iii) within 30 days after the day on which the division receives the impacted county's written recommended changes: (A) implement the impacted county's written recommended changes to the wildfire risk assessment mapping tool; (B) provide a written response to the impacted county justifying the division's modification of the county's written recommended changes to the wildfire risk assessment mapping tool; or (C) provide a written response to the impacted county justifying the division's rejection of the impacted county's written recommended changes to the wildfire risk assessment mapping tool; and (iv) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to administer and enforce this Subsection (8)(d). (9) (a) If the state under Section 15A-2-103 adopts an edition of the Utah Wildland Urban Interface Code, issued by the International Code Council, with the alternatives or amendments approved by the division, as a wildland urban interface building standard that may be adopted by a local compliance agency: (i) for purposes of an unincorporated area within a county, the county shall adopt and enforce the wildland urban interface building standard described in this Subsection (9)(a); and (ii) for purposes of an incorporated area within a county, the relevant municipality shall adopt and enforce the wildland urban interface building standard described in this Subsection (9)(a). (b) If a county or municipality fails to comply with Subsections (4)(f) and (9)(a), the division may choose to not pay costs of the county or municipality under a cooperative agreement executed under this section. (c) (i) If the state adopts a different wildland urban interface building standard than was previously adopted under Section 15A-2-103, a county or municipality has two years from the date the state adopts the different wildland urban interface building standard to adopt the appropriate wildland urban interface building standard. (ii) If a county or municipality fails to adopt the appropriate wildland urban interface building standard within the time period described in Subsection (9)(c)(i), the division may choose to not pay costs of the county or municipality under a cooperative agreement executed under this section beginning two years from the day on which the state adopts the different wildland urban interface building standard and until such time as the county or municipality adopts the appropriate wildland urban interface building standard. (10) (a) The division may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish criteria for community wildfire preparedness plans addressing wildland urban interface. The criteria shall require action that is: (i) qualitative and quantitative; and (ii) leads to reduced wildfire risk. (b) An eligible entity shall agree to implement prevention, preparedness, and mitigation actions identified in a community wildfire preparedness plan addressing wildland urban interface that is approved by the division.