Zone 0 Rules in California (2026): What Sellers and Buyers Should Know
By Matthew Martinez, Founder, CEO & Managing Broker, Diamond Real Estate Group. California DRE #01869679.
Zone 0 is the ember-resistant zone in the first five feet around a home, and as of October 24, 2026 its rules are adopted but not yet in effect. The State Board of Forestry and Fire Protection adopted an emergency rule package on August 19, 2026, according to a September 9 alert from the law firm Best Best & Krieger. On October 24, 2026, the Board’s own page still said staff were working with the Office of Administrative Law (OAL) on a final review, and CAL FIRE’s defensible space page described Zone 0 as not legally required yet. Existing defensible space law still applies.
That gap matters if you are selling or buying this fall. A home’s first five feet already shows up in seller disclosures and in the defensible space inspection many sales need, and buyers are starting to ask what the new rules will cost. This article separates what is law today, what the adopted package says, and what is still open, with a date on every status claim.
Where the Zone 0 rules stand (October 2026)
The requirement comes from two statutes. Public Resources Code 4291 covers buildings in the State Responsibility Area (SRA), and Government Code 51182 covers occupied structures in a Very High Fire Hazard Severity Zone designated by a local agency. Both call for an ember-resistant zone within five feet of the structure, based on Board regulations.
| Date | Step | Source |
|---|---|---|
| 2025 | Executive Order N-18-25 directs the Board to finish Zone 0 rulemaking by December 31, 2025 | Board of Forestry page |
| Dec. 31, 2025 | Deadline passes without final rules | Board of Forestry page; City of Oakland Zone 0 page |
| Aug. 19, 2026 | Board adopts emergency Zone 0 regulations | Best Best & Krieger alert (Sept. 9, 2026); Kensington Fire chief’s report |
| Aug. 28, 2026 | Package submitted to OAL; the public comment window there closed September 2 | Best Best & Krieger alert |
| Sept. 14, 2026 | FIRESafe MARIN posts that the regulations are under further review by the Board | FIRESafe MARIN |
| Oct. 24, 2026 | Board page says staff are still working with OAL on final review and will update once the Secretary of State publishes the final regulation | Board of Forestry page |
| Oct. 24, 2026 | OAL’s public list of emergency regulations under review shows no Board of Forestry entry; we found no published OAL decision on the package | Office of Administrative Law |
CAL FIRE’s Ready for Wildfire defensible space page, checked the same day, describes Zone 0 as not legally required yet. FIRESafe MARIN’s notice doesn’t say what prompted the further review, and we could not confirm whether the package is still pending at OAL or was pulled back for revision. We will update this article when the status is published. If you are reading it later, check the Board’s page before relying on any date here.
Which homes the rules will cover
Coverage turns on two map facts: the responsibility area and the hazard class. According to Best Best & Krieger’s summary of the adopted text, the rules reach structures throughout the SRA, whether the parcel is mapped Moderate, High or Very High. In a Local Responsibility Area (LRA), they reach only occupied structures in a locally designated Very High zone.
- Unincorporated rural land: much of it is SRA, so Zone 0 can apply even in a Moderate zone.
- Cities and towns: usually LRA, so only Very High parcels are covered. FIRESafe MARIN notes that most homes inside Marin’s cities and towns are not in that category.
- Federal land: FIRESafe MARIN says Federal Responsibility Areas are excluded.
Start with the state’s map viewers; our guide to fire hazard severity zones in the North Bay explains how to read SRA and LRA layers. A natural hazard disclosure report in escrow will also state whether the parcel is in a mapped zone and in the SRA.
What the adopted package requires in the first five feet
The summaries below come from the August 2026 package as described by Best Best & Krieger and FIRESafe MARIN. They may change if OAL review sends the text back, so treat them as a planning list, not a final rulebook.
| Item | What the adopted text says (as summarized) |
|---|---|
| Zone boundary | Five feet from the exterior wall, roof, attached deck, stairs or pergola, or to the property line if closer |
| Mulch and litter | Bark, wood chips and other combustible mulch removed, along with leaves and needles; limited temporary erosion-control exceptions |
| Roof and gutters | Kept clear of debris |
| Under decks and stairs | No vegetation or combustible items stored beneath decks, balconies, pergolas or stairs |
| Firewood and lumber | Not stored in Zone 0 |
| Trees and plants | Dead branches and ladder fuels removed, with separation from roofs, eaves, walls and chimneys; some maintained low, nonwoody plants and low lawn allowed outside a closer-in safety strip |
| Fences and gates | New combustible fencing not allowed in Zone 0; where a fence meets the house, a five-foot noncombustible section is generally needed; existing fences can be repaired with combustible material |
| Small outbuildings | Sheds under 120 square feet allowed in Zone 0 only if noncombustible |
Best Best & Krieger also reports that a new structure built on a neighbor’s land doesn’t enlarge your obligation. Government Code 51183, it notes, allows an exemption for a structure with an entirely nonflammable exterior.
Phase-in timing for existing and new homes
The statutes set the outer frame. PRC 4291 says the five-foot zone takes effect for existing structures three years after the date it takes effect for new structures. Government Code 51182 says existing and new structures meet the same standard, but the regulations must allow existing homes to stage the work.
The adopted package, as summarized by FIRESafe MARIN, splits existing-home work into three groups:
- When the rules take effect: clear roofs and gutters, move firewood out of Zone 0, remove dead branches and keep branches 10 feet from chimneys. These track duties property owners already had.
- Within three years: remove combustible mulch, leaves, dead plants and combustible vegetation.
- Within up to five years: the noncombustible strip, fence and gate connections, sheds and outbuildings.
Kensington’s fire chief (Contra Costa County) described the same two-phase approach in an August 24, 2026 report and said his district’s own schedule would come later. Sources differ on when new construction must comply: FIRESafe MARIN says as soon as the rules take effect, while Best Best & Krieger reads the package as waiting for the Board’s fuels-management guidance. Ask the building department during plan review.
What Zone 0 means for a home sale today
No sale is blocked by Zone 0 today, but the first five feet is already part of the paperwork. Two existing laws put it in front of buyers:
- The wildfire disclosure (Civil Code 1102.6f). For a home in a High or Very High zone built before January 1, 2010, the seller discloses known vulnerable features. One listed feature is combustible landscaping or other materials within five feet of the home and under an attached deck.
- Defensible space documentation (Civil Code 1102.19). In High and Very High zones, the seller provides documentation of compliance with PRC 4291 or a local ordinance, generally from an inspection in the six months before the sale. Without it, the buyer signs an agreement to obtain it, within one year of closing where no local ordinance sets the timing.
Once the Zone 0 regulations take effect, PRC 4291 compliance will include them, subject to the phase-in. That suggests resale inspections will begin noting five-foot items, but we have not seen an inspecting agency publish how it will treat phased items. Our guide to the AB 38 defensible space inspection lists who inspects in Sonoma, Napa and Marin; ask that agency directly.
The full disclosure set is covered in our California seller disclosures guide.
A seller’s Zone 0 checklist before listing
Much of the early work is cleanup that is easiest before photos and inspections. Hardscape and fence changes are bigger jobs and deserve a contractor’s written bid rather than a guess.
- Confirm the map facts. Note the responsibility area and hazard class for the parcel, and keep a screenshot for the disclosure file.
- Do the immediate items now. Clean the roof and gutters, move firewood and lumber away from the house, and clear anything stored under the deck.
- Swap the mulch. Replace bark or wood chips against the foundation with gravel, pavers or concrete, as CAL FIRE’s guidance suggests.
- Look at where fences and gates touch the house. Under the adopted text, a wood gate or fence attached to the siding would eventually need a noncombustible section.
- Check small sheds and pergolas. Note their material and distance from the house, since a combustible shed within five feet would have to change under the adopted text.
- Disclose honestly. Describe what is within five feet as it is; don’t describe the home as “Zone 0 compliant” while the rules aren’t final.
A pre-listing inspection can catch vents and roof items at the same time, and our home hardening guide for Napa, Sonoma and Marin covers the structural side. Diamond may refer you to partners we work with; you’re free to choose any provider.
A buyer’s view: questions to ask and what to negotiate
Buyers inherit whatever the five-foot zone looks like at closing, along with any phase-in clock. Useful questions during the inspection period:
- Is the parcel SRA, or LRA Very High? If neither, the adopted rules wouldn’t reach it, though local codes can still apply.
- Does the seller have a current defensible space report, and did it note anything within five feet?
- Which fences, gates, decks or sheds sit inside five feet, and what are they made of?
- Has the city or fire district announced a local schedule or alternative practices?
Price phased items as future maintenance, not as a defect the seller must cure. Where the seller has agreed to do work, put the scope in a request for repair with a completion date before closing. Insurance is a separate question, and our FAIR Plan guide for homebuyers covers coverage options in fire zones.
Local rules in Marin, Sonoma and Napa
Government Code 51182 lets a local agency adopt alternative practices by ordinance if they produce substantially similar effects, and it may also adopt stricter rules. So the city or fire district can end up with its own Zone 0 schedule within the state’s limits.
Marin already layers town resale inspections on top of state law, which our Marin County selling requirements guide lists town by town. For an overview of the county, see our Marin County page. Any local Zone 0 schedule in Sonoma or Napa County had not been published on the pages we checked as of October 24, 2026.
Best Best & Krieger also notes that Government Code 51186 requires reasonable efforts to notify residents before penalties. Expect education and inspections before citations.
This is general information, not legal advice; talk to a California real estate attorney or your local fire agency about your property.
Questions people ask
Are Zone 0 regulations in effect in California?
Not as of October 24, 2026. The Board adopted emergency regulations on August 19, 2026, according to Best Best & Krieger, but the Board’s page says its final review with OAL is still under way, and CAL FIRE says Zone 0 is not legally required yet. The rules would take effect only after OAL approval and filing with the Secretary of State.
Does Zone 0 apply to my house?
Under the adopted text, it would apply to structures anywhere in the State Responsibility Area and to occupied structures in a locally designated Very High Fire Hazard Severity Zone. Check both layers on the state’s map viewer.
How long will existing homes have to comply?
Basic upkeep items would apply when the rules take effect. Under the adopted package, as FIRESafe MARIN summarizes it, most vegetation changes phase in over three years, and fence, gate, shed and outbuilding changes over as many as five.
Will I have to remove my wood fence?
Not the whole fence, under the adopted text as summarized. Where a fence or gate meets the house, a five-foot noncombustible section is generally needed, on the later phase-in timeline, and repairs to existing fences may use combustible material.
Can I sell a house that doesn’t meet Zone 0?
Yes. Zone 0 doesn’t stop a sale. Sellers in High and Very High zones still owe the existing wildfire disclosures and defensible space documentation, and they should describe the five-foot area accurately.
Does an AB 38 inspection check Zone 0?
Not as of October 2026, because Zone 0 isn’t in effect. The inspection documents compliance with PRC 4291 or a local ordinance, so it could cover five-foot items once the rules take effect. Ask the inspecting agency how it will handle phased items.
If you are planning a sale in a fire zone, we can walk the five-foot zone with you, line up the inspection and disclosures, and price the home with the work in mind. Start with Diamond’s home selling services.
Sources & notes
- California State Board of Forestry and Fire Protection: Defensible Space Zones 0, 1 and 2 (checked Oct. 24, 2026)
- Best Best & Krieger: California Board of Forestry adopts emergency Zone 0 regulations under AB 3074 (Sept. 9, 2026)
- FIRESafe MARIN: Zone 0, protect the first five feet around your home (notice dated Sept. 14, 2026)
- Kensington Fire Protection District: Fire chief’s report for September 2026 (Aug. 24, 2026)
- City of Oakland: Zone 0 regulations (pre-adoption status page)
- CAL FIRE Ready for Wildfire: Defensible space (checked Oct. 24, 2026)
- Office of Administrative Law: Emergency regulations under review (checked Oct. 24, 2026)
- Justia (2025 California Code): Government Code section 51182
- Justia (2025 California Code): Public Resources Code section 4291
- Justia (2025 California Code): Civil Code section 1102.6f
- Justia (2025 California Code): Civil Code section 1102.19
Last reviewed October 2026 by Matthew Martinez.