Utah Office of Administrative Rules

An official website of the state of Utah.

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Repeal and Readopt

Filing ID: 58074

Rule or section number:

R652-122

1. Agency Information

Title catchline:

Natural Resources; Forestry, Fire and State Lands

Building:

DNR Office Building

Street address:

1594 W North Temple, Suite 3520

City, state:

Salt Lake City, UT

Mailing address:

1594 W North Temple, Suite 3520

City, state and zip:

Salt Lake City, UT 84116

2. Contact Persons

Name:

Phone:

Email:

Joseph Anderson

385-786-5588

randerson3@utah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R652-122. Cooperative Agreements

B. Purpose of the new rule or reason for the change:

The purpose of this filing is to establish rules for Cooperative Agreements, as Directed by HB 307 from the 2025 General Session.

C. Summary of the new rule or change:

The rule established the procedures by which the Division of Forestry, Fire and State Lands will disburse funds within the Utah Wildfire Fund.

The changes in HB 307 (2025) required the renaming of the fund and established new methods of funding and disbursement of funds within the Fund.

This repeal and readoption filing implements those changes, including the establishment of a new procedure to disburse funds to pay for wildfire prevention costs.

4. Legislative Action Information

A. Are any changes in this filing

because of state legislative action?

Changes are because of legislative action.

B. If yes, any bill number and

session:

HB 307 (2025 General Session)

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This rule is put in place according to HB 307 (2025), and all fiscal impact was accounted for in the fiscal note of that bill, which described how the old suppression fund is being transferred into the new Utah Wildfire Fund.

B. Local governments:

This rule is put in place according to HB 307 (2025), and all fiscal impact was accounted for in the fiscal note of that bill.

There is not expected to be a change in impact to local governments from this repeal and readoption.

C. Small businesses ("small business" means a business employing 1-49 persons):

This rule is put in place according to HB 307 (2025), and all fiscal impact was accounted for in the fiscal note of that bill.

There is not expected to be a change in impact to small businesses from this repeal and readoption.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

This rule is put in place according to HB 307 (2025), and all fiscal impact was accounted for in the fiscal note of that bill.

There is not expected to be a change in impact to non-small businesses from this repeal and readoption.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

This rule is put in place according to HB 307 (2025), and all fiscal impact was accounted for in the fiscal note of that bill.

There is not expected to be a change in impact on other persons from this repeal and readoption.

F. Compliance costs for affected persons:

This rule is put in place according to HB 307 (2025), and all fiscal impact was accounted for in the fiscal note of that bill.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

$0

$0

$0

$0

$0

Local Governments

$0

$0

$0

$0

$0

Small Businesses

$0

$0

$0

$0

$0

Non-Small Businesses

$0

$0

$0

$0

$0

Other Persons

$0

$0

$0

$0

$0

Total Fiscal Cost

$0

$0

$0

$0

$0

Fiscal Benefits

FY2027

FY2027

FY2027

FY2027

FY2027

State Budget

$0

$0

$0

$0

$0

Local Governments

$0

$0

$0

$0

$0

Small Businesses

$0

$0

$0

$0

$0

Non-Small Businesses

$0

$0

$0

$0

$0

Other Persons

$0

$0

$0

$0

$0

Total Fiscal Benefits

$0

$0

$0

$0

$0

Net Fiscal Benefits

$0

$0

$0

$0

$0

7. Regulatory Impact Analysis Approval

The Commissioner of the Department of Natural Resources, Joel Ferry, has reviewed and approved this regulatory impact analysis.

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Section 65A-8-217

11. Public Notice Information

The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

07/31/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

08/07/2026

13. Agency Authorization Information

Agency head or

designee and title:

Jamie Barnes, Division Director and

State Forester

Date:

06/16/2026

R652. Natural Resources; Forestry, Fire and State Lands.

[R652-122. Cooperative Agreements.

R652-122-100. Authority.

This rule implements Subsection 65A-8-203(5)(b), which authorizes the division to make rules concerning cooperative agreements;

Subsection 65A-8-203(4)(a) and Subsection 65A-8-203(3)(b) which require the division to establish minimum standards for a county wildland fire

ordinance and to specify minimum standards for wildland fire training, certification, and wildland fire suppression equipment; Section 65A-8-203.1,

which defines delegation of fire management authority, and Section 65A-8-203.2, which concerns billing for costs of wildland fire suppression for

counties or municipalities that do not have a cooperative agreement with the division.

R652-122-200. Cooperative Agreements.

1. The governing body of any eligible entity, as defined in Subsection R652-1-200(13), may enter into a cooperative agreement with the

division to receive financial and wildfire management cooperation and assistance, as described in Title 65A-8-2, Part 2 Fire Control.

2. The division shall determine the provisions of the cooperative agreement consistent with statutory requirements.

3. 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.

(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 the cooperative agreement with the division.

4. A county or municipality that has not entered into a cooperative agreement with the division, as described in Title R652, or whose

Cooperative Agreement has been revoked shall be responsible for wildland fire costs within the county or municipality jurisdiction as outlined in

Section R652-120-1000.

5. To enter into a cooperative agreement an eligible entity shall:

(a) if the eligible entity is a county, adopt and enforce unincorporated land and wildland fire ordinance based upon minimum standards

established by the division or Uniform Building Code Commission.

(b) agree to require that the fire department or equivalent fire service provider under contract with, or delegated by, the eligible entity on

unincorporated land meet the minimum standards for wildland fire training, certification and suppression equipment based upon nationally accepted

standards as specified by the division;

(c) agree to a participation commitment which requires investment in prevention, preparedness, and mitigation efforts as agreed to with the

division intended to reduce the eligible entity's risk of catastrophic wildfire;

(d)(i) agree to 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 R652-122-200(5)(d)(i) and (ii);

(e) agree to return the financial statement described in Subsection (5), signed by the chief executive officer of the eligible entity, to the

division on or before the date set by the division.

(f) if the eligible entity is a county, agree to have a designated fire warden as described in Section 65A-8-209.1.

6. The division shall:

(a) send an Annual Statement to each eligible entity that details the eligible entity's participation commitment for the coming fiscal year,

including the preparedness, prevention, and mitigation actions agreed to in Subsection (5)(c).

(b) financial statements shall be effective for one calendar year, beginning on the date set by the division.

R652-122-300. Determination of Participation Commitment.

1. The division shall determine a participation commitment for each entity with a cooperative agreement participating in the wildland fire

suppression fund.

2. The participation commitment will be calculated by adding the Risk Assessment by Acres to the Historic Fire Cost Average in each

jurisdiction.

3. An entity may appeal the participation commitment determination to the State Forester by informing the division in writing of the

entity's disagreement with the division's determination and stating the reasons for the disagreement.

4. The State Forester may hold an informal hearing or request additional information. After deliberation, the State Forester shall make a

final determination of the participation commitment and communicate it to the entity.

R652-122-400. Determination of Risk Assessment by Acres.

1. The Risk Assessment by Acres is calculated using the division's "Utah Wildfire Risk Assessment Portal" (UWRAP).

(a) county "high risk" (red) acres are assessed at $0.40 per acre and county "medium risk" (yellow) acres are assessed at $0.30 per acre.

(b) municipal "high risk" (red) acres are assessed at $3.50 per acre and municipal "medium risk" (yellow) acres are assessed at $2 per acre

2. UWRAP will be updated every two years by FFSL, as data sources and technology allow, to maintain the most current and defensible

risk assessment.

R652-122-500. Determination of Historic Fire Cost Average.

1. Only wildfire suppression costs that are accrued and paid by the state on behalf of a participating entity are counted toward that entity's

Historic Fire Cost Average, this includes state-paid costs after a Delegation of Fire Management Authority and Transfer of Fiscal Responsibility has

occurred.

2. The historic fire cost average is calculated on a rolling ten-year average, dropping the highest and lowest cost years and adjusting for

inflation, using the CPI; therefore, each ten-year average will have eight data points.

3. The historic fire cost average includes only suppression costs for which that entity who has fire suppression responsibility and taxation

authority.

4. A county's historic fire cost average will only include state-paid suppression costs on all unincorporated land other than federal and

state.

5. A municipality's historic fire cost average will only include state-paid suppression costs on all incorporated land other than federal and

state.

6. An entity with both county and municipality responsibilities will include state-paid suppression costs on all unincorporated land other

than federal, within a county and state-paid suppression costs on all incorporated land other than federal, within their jurisdiction.

R652-122-600. Annual Participation Commitment Report.

1. An entity may meet its participation commitment requirement either through direct expenditure of funds, or by "in-kind" expenditures in

support of prevention, preparedness, or mitigation efforts including: prevention material costs, fuels crew labor costs, and other expenditures

determined by the division to be eligible toward the participation commitment.

2. The participating entity is responsible to record and account for its participation commitment actions and expenditures and to provide an

annual accounting to the division for review and approval.

3. The participating entity shall provide an annual participation commitment report to the division detailing the actual expenditures and

activities in compliance with the participation commitment during the fiscal year.

4. The division may request additional information related to participation expenditures and actions.

R652-122-700. Participation Commitment Carry-Over.

1. The value of Participation Commitment actions may, in certain instances, "carry-over" to the next fiscal year with the approval of the

respective FFSL Area Manager.

2. It is the responsibility of the Participating Eligible Entity to receive approval from their respective FFSL Area Manager in advance of

pursuing a carry-over and account for, track and report the carry-over from year to year.

3. Decisions of the Area Manager may be appealed to the State Forester. The State Forester may hold a hearing or request additional

information before making a final decision.

R652-122-800. Annual Participation Commitment Statement.

1. Every year, after the fire business and accounting for the prior year is finalized, the division will send to each participating eligible

entity an Annual Financial Statement containing the determination of the calculated Participation Commitment for the entity's coming fiscal year.

2. The Participating Eligible entity's chief executive officer must then sign and return the Annual Participation Commitment Statement to

the division by a due date determined by the division, thereby acknowledging the entity's participation for the coming fiscal year.

3. Unless the division has approved an extension, if an entity fails to return the signed Annual Participation Commitment Statement to the

division by the due date, the cooperative agreement shall be considered revoked and the entity shall be withdrawn from participation in the wildland

fire suppression fund.

R652-122-900. Revocation of Cooperative Agreement.

1. An eligible entity may revoke a cooperative agreement before the end of the agreement's term by:

(a) informing the division, in writing, of the eligible entity's intention to revoke the cooperative agreement; or

(b) failing to sign and return the annual participation commitment statement as described in Section R652-122-800, unless an extension

has been granted by the division.

2. A cooperative agreement may not be revoked before the end of the fiscal year if the participating entity signed and returned an Annual

Participation Commitment Statement. The revocation will be effective the next fiscal year.

3. The division may revoke a cooperative agreement only pursuant to division rules and the terms of the cooperative agreement.

4. An eligible entity whose cooperative agreement has been revoked shall be responsible for the costs of wildfire suppression within in its

jurisdiction for any time period during which the entity failed to meet the requirements of the cooperative agreement.

R652-122-1000. Allocation of Wildland Fire Suppression Costs to Entity Without Valid Cooperative Agreement.

1. The division shall bill an entity that has not entered into a cooperative agreement with the division as described in Section 65A-8-203, or

whose agreement has been revoked pursuant to Section R652-121-900, for the cost of wildfire suppression accrued by the state within the jurisdiction

of that entity.

2. The cost of wildfire suppression to an entity that has not entered into a cooperative agreement with the division as described in Section

65A-8-203, or whose agreement has been revoked pursuant to Section R652-121-900, shall be calculated by determining the number of acres burned

within the borders of the entity, dividing that number by the total number of nonfederal acres burned by a wildfire, and multiplying the resulting

percentage by the state's total cost of wildfire suppression for that wildfire.

3. An entity that receives a bill from the division, pursuant to Title R652, shall pay the bill, or make arrangements to pay the bill, within 90

days of receipt of the bill, subject to the entity's right to appeal, as described in Subsection 65A-8-203(5)(b)(vi).

R652-122-1100. Accounting System for Determining Suppression Costs.

Suppression costs for a wildland fire shall be calculated by determining the number of acres burned within the jurisdictional boundary of

the entity, dividing that number by the total number of nonfederal acres burned by a wildfire, and multiplying the resulting percentage by the state's

total cost of wildfire suppression for that wildfire.

R652-122-1200. Delegation of Fire Management Authority.

1. Delegation of Fire Management Authority occurs when:

(a) State or Federally owned lands are involved in the incident; or,

(b) firefighting resources are ordered through an Interagency Fire Center beyond "pre-planned dispatch";

(c) at the request of the participating entity, local fire official on scene, having jurisdiction; or

(d) at the discretion of the State Forester after consultation with local authorities.

R652-122-1300. Minimum Standards for County Wildland Fire Ordinance.

(1) The division uses the International Urban-Wildland Interface Code as a basis for establishing the minimum standards discussed in this

document.

(2) The division incorporates by reference the 2003 International Code Council Urban-Wildland Interface Code as the minimum standard

for wildland fire ordinance with these exceptions:

(a) Section 101.1 Delete;

(b) Section 101.3 Delete "The extent of this regulation is intended to be tiered commensurate with the relative level of hazard present";

(c) Section 101.3 Second paragraph, substitute "development and" for "unrestricted";

(d) Section 101.4 Delete Exception;

(e) Section 101.5 In the Exception, delete "section 402.3";

(f) Section 105.2 Delete "For buildings or structures erected for temporary uses, see Appendix A, Section A108.3, of this code";

(g) Section 105.2 Add a number 15 to the list of activities that need a permit to read "Or other activities as determined by the code

official";

(h) Section 202 Delete "Critical Fire Weather, Ignition-Resistant Construction Class 1,2 and 3, Urban-Wildland Interface area";

(i) Section 202 "See Critical Fire Weather" from Fire Weather definition;

(j) Section 202 Replace Fuel, Heavy definition with "Vegetation consisting of round wood 3 inches (76 mm) or larger in diameter. The

amount of fuel (vegetation) would be 6 tons per acre or greater";

(k) Section 202 Replace Fuel, Light definition with "Vegetation consisting of herbaceous and round wood less than 1/4 inch (6.4 mm) in

diameter. The amount of fuel (vegetation) would be 1/2 ton to 2 tons per acre";

(l) Section 202 Replace Fuel, Medium definition with "Vegetation consisting of round wood 1/4 to 3 inches (6.4mm to 76 mm) in

diameter. The amount of fuel (vegetation) would be 2 to 6 tons per acre";

(m) Section 202 Add the term Legislative Body with the following definition: "The governing body of the political jurisdiction

administering this code";

(n) Section 202 Add the term Brush, Tall with the following definition: "Arbor-like varieties of brush species and/or short varieties of

broad-leaf trees that grow in compact groups or clumps. These groups or clumps reach heights of 4 to 20 feet. In Utah, this includes primary

varieties of oak, maples, chokecherry, serviceberry and mahogany, but may also include other species";

(o) Section 202 Add the term Brush, Short with the following definition: "Low-growing species that reach heights of 1 to 3 feet.

Sagebrush, snowberry, and rabbitbrush are some varieties";

(p) Section 202 Add the term Wildland Urban Interface with the following definition "The line, area or zone where structures or other

human development (including critical infrastructure that if destroyed would result in hardship to communities meet or intermingle with undeveloped

wildland or vegetative fuel";

(q) Section 301 Delete;

(r) Section 302.1 Replace with " The legislative body shall declare the urban-wildland interface areas within the jurisdiction. The urban

wildland interface areas shall be based on the maps created through Section 302";

(s) Section 302.2 Replace with " In cooperation, the code official and the Division of Forestry, Fire and State Lands (FFSL) wildfire

representative, per participating agreement between county and FFSL, will create or review Wildland-Urban Interface area maps, to be recorded and

field with the clerk of the jurisdiction. These areas shall become effective immediately thereafter";

(t) Section 302.3 Add "and the FFSL wildfire representative" between "official" and "shall";

(u) Section 402.3 Delete;

(v) Section 403.2 Delete Exception;

(w) Section 403.3 Replace "typically used to respond to that location" to "to protect structures and wildlands";

(x) Section 403.7 Add "It will be up to the code official to ascertain the standard based on local fire equipment, grade not to exceed 12%";

(y) Section 404.1 Delete "or as required . . . with Section 402.1.2";

(z) Section 404.1 Delete Exception;

(aa) Section 404.3 Delete "The draft site shall have emergency . . . with Section 402";

(bb) Section 404.5 Replace "as follows: determined" with "by the local jurisdiction. NFPA 1142 may be used as a reference";

(cc) Section 404.5.1 Delete entire section including Exception;

(dd) Section 404.5.2 Delete entire section including Exception;

(ee) Section 404.6 Replace with "The water system required by this code can only be considered conforming for purposes of determining

the level of ignition-resistant construction (see Table 503.1)";

(ff) Section 404.8 Delete the words "and hydrants";

(gg) Section 404.9 After " . . . periodic tests as required by the code official." add the sentences "Code official shall establish a periodic

testing schedule. Costs are to be covered by the water provider";

(hh) Section 404.9 After the last sentence, add "Mains and appurtenances shall be installed in accordance with NFPA 24. Water tanks for

private fire protection shall be installed in accordance with NFPA 22. Costs are to be covered by the water provider.";

(ii) Section 404.10.3 After ". . . dependent on electrical power" add "supplied by power grid" and after " . . . demands shall provide . . . "

add "functional";

(jj) Section 404.10.3 Replace "Exceptions" in its entirety with "When approved by the code official, a standby power supply is not

required where the primary power service to the stationary water supply facility is underground or on-site generator.";

(kk) Section 405 Before Section 405.1 Add "The purpose of the plan is to provide a basis to determine overall compliance with this code,

for determination of Ignition-Resistant Construction (IRC), see Table 503.1, and for determining the need for alternative materials and methods";

(ll) Section 405.1 After "When required by a code official, a fire protection plan shall be prepared" add the words "and approved before

the first building permit issuance or subdivision approval";

(mm) Chapter 5, Delete Table 502;

(nn) Section 505.2 Replace "Class B roof covering" with "Class A roof covering";

(oo) Section 506.2 replace "Class C roof covering" with "Class A roof covering";

(pp) Section 602 Delete;

(qq) Section 603.2 Replace "for the purpose of Table 503.1" with "for individual buildings or structures on a property";

(rr) Section 603.2 Replace "10 feet or to the property line" with "30 feet or to the property line";

(ss) Section 603.2 replace "along the grade" with "on a horizontal plane";

(tt) Section 603.2 replace "may be increased" with "may be modified";

(uu) Section 603.2 Delete "crowns of trees and structures";

(vv) Add new Section 603.3 titled "Community fuel modification zones" with the following text: Fuel modification zones to protect new

communities shall be provided when required by the code official in accordance with Section 603 to reduce fuel loads adjacent to communities and

structures;

(ww) Add new Section 603.3.1 titled "Land ownership" with the following text: Fuel modification zone land used to protect a community

shall be under the control of an association or other common ownership instrument for the life of the community to be protected;

(xx) Add new Section 603.3.2 titled "Fuel modification zone plans" with the following text: Fuel modification zone plans shall be

approved before fuel modification work and shall be placed on a site grading plan shown in plan view. An elevation plan shall also be provided to

show the length of the fuel modification zone on the slope. Fuel modification zone plans shall include, the following:

(i) Plan showing existing vegetation;

(ii) Photographs showing natural conditions before work is performed;

(iii) Grading plan showing location of proposed buildings and structures, and setbacks from top of slope to all buildings or structures;

(yy) Section 604.1 Add "annually, or as necessary" after "maintained";

(zz) Section 604.4 First sentence should read "Individual trees and/or small clumps of trees or brush crowns extending to within . . . ";

(aaa) Section 607 change "20 feet" to "30 feet";

(bbb) Chapter 7 Delete;

(ccc) Appendix A is included as optional recommendations rather than mandatory;

(ddd) Appendix B Last sentence changed to "Continuous maintenance of the clearance is required.";

(eee) Appendix C Below title, add "This appendix is to be used to determine the fire hazard severity.";

(fff) Appendix C-A1. Change to "One-lane road in, one-lane road out" and points change to 1, 10 and 15;

(ggg) Appendix C-A2. Points change to 1 and 5;

(hhh) Appendix C-A3 Change to 3 entries: Road grade 5% or less, road grade 5-10% and road grade greater than 10%, with points at 1,5

and 10, respectively;

(iii) Appendix C-A4. Points are now 1, 5, 8 and 10;

(jjj) Appendix C-A5 Change to "Present but unapproved" for 3 points, and "not present" for 5 points;

(kkk) Appendix C-B1. Fuel Types change to "Surface" and "Overstory". Surface has 4 categories -- Lawn/noncombustible, Grass/short

brush, Scattered dead/down woody material, Abundant dead/down woody material; and the points are 1, 5, 10 and 15, respectively. Overstory has 4

categories -- Deciduous trees (except tall brush), Mixed deciduous trees and tall brush, Clumped/scattered conifers and/or tall brush, Contiguous

conifer and/or tall brush; and the points are 3, 10, 15 and 20, respectively;

(lll) Appendix C-B2. The 3 categories are changed to "70% or more of lots completed", "30% to 70% of lots completed" and "Less than

30% of lots completed" and the points would be 1, 10 and 20, respectively;

(mmm) Appendix C-C Replace first category with "Located on flat, base of hill, or setback at crest of hill"; Replace second category with

"On slope with 0-20%grade"; Replace third category with "On slope with 21-30% grade"; Replace fourth category with "On slope with 31%grade or

greater"; Add fifth category that reads "At crest of hill with unmitigated vegetation below"; replace the points with 1, 5, 10, 15 and 20 for the five

categories;

(nnn) Appendix C-E. Change the points to 1, 5, 10, 15 and 20;

(ooo) Appendix C-F. Drop down the second and third categories to third and fourth and insert new second category to read "Combustible

siding/no deck"; The points for the four categories are 1, 5, 10 and 15;

(ppp) The new totals for "Moderate Hazard" are 50-75; "High Hazard" are 76-100; "Extreme Hazard" are 101+; and

(qqq) Appendices D-H Delete.

R652-122-1400. Minimum Standards for Wildland Fire Training.

1. At a minimum, the Participating Entity will ensure that firefighters providing Initial Attack to wildland fire within the Participating

Entity's jurisdiction will be trained in NWCG S130 Firefighter Training and S190 Introduction to Wildland Fire Behavior. FFSL also recommends

S215 Wildland Urban Interface Firefighting Operations.

(a) This includes firefighters who are directly involved in the suppression of a wildland fire; firefighters on scene who have supervisory

responsibility or decision-making authority over those involved in the suppression of a wildland fire; or individuals who have fire suppression

responsibilities within close proximity of the fire perimeter.

(b) This does not include a person used as a courier, driver of a vehicle not used for fire suppression, or a person used in a non-tactical

support or other peripheral function not in close proximity to a wildland fire.

(c) Upon the Delegation of Fire Management Authority, Firefighters not certified by the Utah Fire Certification Council as Wildland

Firefighter I will be released from Initial Attack or reassigned to other firefighting duties.

R652-122-1500. Minimum Standards for Wildland Firefighting Equipment.

(1) The following standards are applicable to equipment used by fire departments representing those counties who have cooperative

wildland fire protection agreements with the state. This includes county fire departments and other fire departments which are contracted with the

counties to provide fire protection on private wildland. The Utah Division of Forestry, Fire and State Lands has determined that this standard be met

by June 1, 2006.

(2) Engines and water tenders used on private wildland fires within the county's jurisdiction will meet the standard for the type of

equipment plus appropriate hand tools and water handling equipment as determined by the National Wildfire Coordinating Group.

TABLE 1

Engines

Component

Type 1

Type 2

Type 3

Pump Rating - gpm

1,000+ @ 150

psi

250+ @ 150 psi

150+ @ 250

psi

Tank Capacity - gal

400+

400+

500+

Hose 2.5 inch

1,200 ft

1,000 ft

--

Hose 1.5 inch

400 ft

500 ft

500 ft

Hose 1 inch

--

--

500 ft

Ladders

48 ft

48 ft

--

Master Stream --

gpm

500

--

--

Personnel -

minimum

4

3

2

Component

Type 4

Type 5

Type 6

Pump Rating - gpm

50 @ 100 psi

50 @ 100 psi

30 @ 100 psi

Tank Capacity - gal

750+

400 - 750

150 - 400

Hose 2.5 inch

--

--

--

Hose 1.5 inch

300 ft

300 ft

300 ft

Hose 1 inch

300 ft

300 ft

300 ft

Ladders

--

--

--

Master Stream --

gpm

--

--

--

Personnel -

minimum

2

2

2

TABLE 2

Water Tenders

Component

Type 1

Type 2

Type 3

Tank Capacity - gal

5,000+

2,500+

1,000+

Pump Capacity - gpm

300+

200+

200+

Off Load Capacity - gpm

300+

200+

200+

Max Refill Time -- min

30

20

15

Personnel

tactical/nontactical

2/1

2/1

2/1

]R652-122. Cooperative Agreements.

R652-122-100. Authority.

This rule implements Subsection 65A-8-203(5)(b), which authorizes the division to make rules concerning cooperative agreements;

Subsection 65A-8-203(4)(a) which requires the division to specify minimum standards for wildland fire training, certification, and wildland fire

suppression equipment; Section 65A-8-203.1, which defines delegation of fire management authority, and Section 65A-8-217, which concerns billing

for wildland fire suppression costs.

R652-122-200. Cooperative Agreements.

(1) The governing body of any eligible entity, as defined in Subsection R652-1-200(13), may enter into a cooperative agreement with the

division to receive financial and wildfire management cooperation and assistance, as described in Section 65A-8-2, Fire Control.

(2) The division shall determine the provisions of the cooperative agreement consistent with statutory requirements.

(3) 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.

(4) A county that is assigned high risk wildland urban interface shall enter into a cooperative agreement with the division, pursuant to

Section 17E-7-401.

(5) The state shall assume all wildfire suppression costs beyond the delegation of authority to the state within the jurisdiction of the

eligible entity to be paid by the Utah Wildfire Fund, except costs resulting from services within the eligible entity's regular budget or activities, if the

eligible entity has entered into, and is in full compliance with the cooperative agreement with the division.

(6) A county or municipality that has not entered into a cooperative agreement with the division, as described in Rule R652-122, or whose

cooperative agreement has been revoked by the entity or the division, shall be responsible for abating the public nuisance caused by wildfire and for

all associated costs within the county or municipality jurisdiction as outlined in Sections R652-120-300 through R652-120-400.

(7) To enter into a cooperative agreement an eligible entity shall.

(a) If the eligible entity is a county or municipality, adopt and enforce the wildland fire ordinance based upon minimum standards

established in the Uniform Building Code in Section 15A-2-103;

(b) Agree to require that the fire department or equivalent fire service provider under contract with, or delegated by, the eligible entity

meet the minimum standards for wildland fire training, certification, and suppression equipment based upon nationally accepted standards as

specified by the division;

(c) Agree to a participation commitment requiring investment in prevention, preparedness, and mitigation efforts as agreed to with the

division, which is intended to reduce the eligible entity's risk of catastrophic wildfire;

(d) Agree to file with the division an annual accounting of participation commitment actions and compliance with the cooperative

agreement. The accounting requirements shall be set forth by the division in policy and include at minimum the approved actions taken to meet the

participation commitment;

(e) Agree to return the Participation Commitment Statement described in Section R652-122-800, signed by the chief executive officer of

the eligible entity, to the division on or before the date set by the division;

(f) If the eligible entity is a county, agree to have a designated fire warden as described in Section 65A-8-209.1;

(g) Take action to recover suppression costs pursuant to Section 65A-3-3; and

(h) if the eligible entity is a political subdivision of a county or municipality, the county or municipality that is assigned high risk wildland

urban interface pursuant to Section 17-16-22 must first have a cooperative agreement with the division prior to the political subdivision entering into

an agreement.

(8) The division shall send a Participation Commitment Statement to each eligible entity that details the eligible entity's participation

commitment for the coming calendar year, including the preparedness, prevention, and mitigation actions agreed to by the eligible entity and the

division.

(9) Participation Commitment Statements are effective for one calendar year, beginning on the date set by the division.

(10) A county or municipality may only assign to a political subdivision the following responsibilities in the cooperative agreement:

(a) Wildfire suppression activities;

(b) Fulfilling the participation commitment through wildfire prevention, preparedness, mitigation, or direct payment; and

(c) Annually reporting on participation commitment actions.

(11) If a county or municipality or political subdivision with assigned responsibilities under a cooperative agreement fails to comply with

the cooperative agreement requirements, the division may assign to the county or municipality wildland fire suppression costs incurred on their

behalf.

R652-122-300. Determination of Participation Commitment.

(1) The division shall determine a participation commitment for each entity with a cooperative agreement participating in the Utah

Wildfire Fund.

(2) Participation commitment is calculated by adding the Risk Assessment by Acres to the Historic Fire Cost Average in each jurisdiction.

(3) Counties and municipalities may assign all or part of their participation commitment responsibility to a fire service provider.

(4) An entity may appeal the participation commitment determination to the State Forester by informing the division in writing of the

entity's disagreement with the division's determination and stating the reasons for the disagreement.

(5) The State Forester may hold an informal hearing or request additional information. After deliberation, the State Forester shall make a

final determination of the participation commitment and communicate it to the entity.

R652-122-400. Determination of Risk Assessment by Acres.

(1) The risk assessment by acres is calculated using the Division's "Utah Wildfire Risk Assessment Portal" (UWRAP) and is subject to the

following:

(a) county "high risk" (red) acres are assessed at $0.40 per acre and county "medium risk" (yellow) acres are assessed at $0.30 per acre;

and

(b) municipal "high risk" (red) acres are assessed at $3.50 per acre and municipal "medium risk" (yellow) acres are assessed at $2 per acre

(2) Risk assessment values may be adjusted by the Division based on the Consumer Price Index.

(3) The Division shall update UWRAP every two years, as data sources and technology allow, to maintain the most current and defensible

risk assessment.

R652-122-500. Determination of Historic Fire Cost Average.

(1) All wildland fire suppression costs accrued and paid by the state on behalf of a participating entity are counted toward that entity's

historic fire cost average, including: state-paid costs before and after a delegation of fire management authority and transfer of fiscal responsibility.

(2) The historic fire cost average is calculated on a rolling ten-year average, dropping the highest and lowest cost years and adjusting for

inflation, using the Consumer Price Index. As a result, each ten-year average will have eight data points.

(3) A county's historic fire cost average will only include state-paid wildland fire suppression costs on all unincorporated land other than

federal and state lands.

(4) A municipality's historic fire cost average will only include state-paid wildland fire suppression costs on all incorporated land other

than federal and state lands.

(5) A participating entity with both county and municipality responsibilities will include state-paid wildland fire suppression costs on all

unincorporated land, other than federal and state land, within a county, and state-paid wildland fire suppression costs on all incorporated land, other

than federal and state land, within their jurisdiction.

R652-122-600. Annual Participation Commitment Report.

(1) An entity may meet its participation commitment requirement either through direct expenditure of funds; "in-kind" expenditures in

support of prevention, preparedness, or mitigation efforts, as determined by the Division to be eligible toward the participation commitment; direct

payment to the Division; or a combination of these options.

(2) The participating entity is responsible to record and account for its participation commitment actions and expenditures in a manner

specified in the cooperative agreement.

(3) The participating entity shall report annually to the Division detailing the actual expenditures and activities in compliance with the

participation commitment during the calendar year.

(4) The Division may request additional information related to participation expenditures and actions.

(5) The Division area manager shall determine the eligibility of reported participation commitment actions. Actions may not meet

eligibility criteria if they:

(a) lack sufficient documentation; or

(b) do not qualify for participation commitment pursuant to Division policy; or

(c) are not previously agreed to by the Division for that year's Participation Commitment Statement.

(6) Decisions of the Division area manager may be appealed to the State Forester. The State Forester may hold a hearing or request

additional information before making a final decision. The State Forester shall communicate a final decision to the participating entity.

R652-122-700. Participation Commitment Carry-Over.

(1) The value of participation commitment actions may, in certain instances, "carry-over" to the next calendar year with the approval of the

respective Division area manager.

(2) It is the responsibility of the participating entity to receive written approval from their respective Division area manager in advance of

pursuing a carry-over, and to account for, track, and report the carry-over from year to year.

R652-122-800. Annual Participation Commitment Statement.

(1) Every year, after the fire business and accounting for the prior year is finalized, the Division shall send to each participating entity a

Participation Commitment Statement containing the determination of the calculated participation commitment for the entity's coming calendar year.

(2) The participating entity shall complete the Participation Commitment Statement by documenting their plan of action to meet the

calculated participation commitment. Planned wildfire mitigation, preparedness, and prevention activities shall be drawn from the participating

entity's Community Wildfire Preparedness Plan.

(3) The participating entity's chief executive officer must then sign and return the Participation Commitment Statement to the Division by

a due date determined by the Division, thereby acknowledging the entity's participation for the coming calendar year.

(4) Unless the Division has approved an extension, if an entity fails to return the signed Participation Commitment Statement to the

Division by the due date, the cooperative agreement shall be considered revoked.

R652-122-900. Revocation of Cooperative Agreement.

(1) A participating entity may revoke a cooperative agreement before the end of the agreement's term by:

(a) informing the Division, in writing, of the participating entity's intention to revoke the cooperative agreement; or

(b) failing to sign and return the annual Participation Commitment Statement as described in Section R652-122-800, unless an extension

has been granted by the Division.

(2) The Division may revoke a cooperative agreement before the end of the agreement's term for failure to comply with the terms of its

cooperative agreement with the Division.

(3) The Division shall notify a participating entity in writing of any breach of its cooperative agreement.

(4) An entity's failure to remedy a breach may result in the Division's revocation of the participating entity's cooperative agreement

pursuant to the terms of the cooperative agreement.

(5) A cooperative agreement may not be revoked before the end of the calendar year if the participating entity signed and returned an

annual Participation Commitment Statement. The revocation will be effective for the next calendar year.

(6) A participating entity whose cooperative agreement has been revoked shall be responsible for wildfire suppression costs within its

jurisdiction for any time period during which the entity failed to meet the requirements of the cooperative agreement.

(7) If the Division revokes an entity's cooperative agreement, the entity may informally appeal the revocation to the State Forester within

30 days of the notice of revocation. During the appeal, the State Forester may conduct an investigation, hold an informal hearing, or request

additional information from the entity. The final decision of the State Forester will be provided in writing to the entity.

R652-122-1000. Reinstatement of Cooperative Agreement.

(1) An eligible entity that voluntarily revokes its cooperative agreement pursuant to Section R652-122-900, may enter into a new

cooperative agreement with the Division and become a participating entity.

(2) An eligible entity whose cooperative agreement was revoked by the Division pursuant to Section R652-122-900,may enter into a new

cooperative agreement with the Division and become a participating entity only after remedying the breach that resulted in the revocation.

(3) An eligible entity that seeks to enter into a new cooperative agreement with the Division must first pay any outstanding wildland fire

suppression costs billed to the entity by the Division.

R652-122-1100. Allocation of Wildland Fire Costs to an Entity Without a Valid Cooperative Agreement.

(1) The Division shall bill a county or municipality that has not entered into a cooperative agreement with the Division as described in

Section 65A-8-203, or whose agreement has been revoked pursuant to Section R652-122-900, for wildland fire suppression costs accrued by the state

within the jurisdiction of that entity.

(2) A county or municipality that receives a bill from the Division, pursuant to Title R652, shall pay the bill, or make arrangements to pay

the bill, within 90 days of receipt of the bill, subject to the entity's right to appeal, as described in Subsection 65A-8-203(5)(b)(vi).

R652-122-1200. Accounting System for Determining Wildland Fire Suppression Costs.

Wildfire suppression costs shall be calculated by determining the number of acres burned within the jurisdictional boundary of the entity,

dividing that number by the total number of nonfederal acres burned by a wildfire, and multiplying the resulting percentage by the state's total cost of

wildfire suppression for that wildfire.

R652-122-1300. Delegation of Fire Management Authority.

Delegation of Fire Management Authority occurs when:

(1) State or Federally owned lands are involved in the incident; or,

(2) firefighting resources are ordered through an Interagency Fire Center beyond "pre-planned dispatch";

(3) at the request of the participating entity, local fire official on scene, having jurisdiction; or

(4) at the discretion of the State Forester after consultation with local authorities.

R652-122-1400. Minimum Standards for Wildland Fire Training.

(1) At a minimum, the participating entity shall ensure that firefighters providing Initial Attack to wildland fire within the participating

entity's jurisdiction are trained in NWCG S130 Firefighter Training and S190 Introduction to Wildland Fire Behavior. The Division also recommends

training in S215 Wildland Urban Interface Firefighting Operations.

(2) The participating entity shall ensure that firefighters providing Initial Attack to wildland fire within its jurisdiction complete RT130

Annual Fireline Safety Refresher Training prior to each statutory "closed fire season" pursuant to Section 65A-8211.

(3) For the purposes of this rule, firefighters providing Initial Attack include: firefighters directly involved in the suppression of a wildland

fire; firefighters on scene who have supervisory responsibility or decision-making authority over those involved in the suppression of a wildland fire;

and individuals who have fire suppression responsibilities within close proximity of the fire perimeter. This does not include an individual acting as a

courier, a driver not providing fire suppression, or an individual operating in a non-tactical support or other peripheral function not in close proximity

to a wildland fire.

(4) Upon the Delegation of Fire Management Authority to the Division, Firefighters not NWCG certified as Firefighter Type 2 or higher

shall be released, where conditions allow. In situations where the local cooperator has legal jurisdiction over an involved geographic area, the training

standard of that agency may apply to those jurisdictions.

R652-122-1500. Community Wildfire Preparedness Plans.

(1) The participating entity shall adopt a Community Wildfire Preparedness Plan or, subject to Division's approval, equivalent wildland

fire preparedness plan (collectively referred to as the "Plan").

(2) Following adoption, the participating entity shall update the Plan at least every five (5) years from initial adoption.

(3) The Plan shall include actions that:

(a) Are qualitative and quantitative; and

(b) identify and prioritize hazardous fuel reduction treatments; and

(c) Recommend measures that homeowners and communities can take to reduce the ignitability of structures.

(4) The participating entity shall implement prevention, preparedness, and mitigation actions identified in its Plan.

(5) When developing a Plan, the participating entity shall collaborate with the following as decision-makers and signatories:

(a) The Division; and

(b) Local fire department(s) with wildfire suppression jurisdiction included in the Plan area.

(c) Other collaborators or stakeholders may participate, but not as decision-makers.

(6) Signed Plans must be filed with the Division in a manner specified by the Division.

KEY: minimum standards, wildland urban interface, cooperative agreements

Date of Last Change: 2026[June 21, 2024]

Notice of Continuation: January 8, 2026

Authorizing, and Implemented or Interpreted Law: 65A-8-203

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