Natural Resources

Forestry, Fire and State Lands

Rule 126: Wildland Urban Interface Property

Effective Date: 09/22/2026

Admin. Code Reference: R652-126

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Filing ID: 58124

Rule or section number:

R652-126

1. Agency Information

Title catchline:

Natural Resources; Forestry, Fire and State Lands

Building:

Wildland Fire Operations Center

Street address:

3522 S 700 W

City, state:

South Salt Lake, UT

Mailing address:

3522 S 700 W

City, state and zip:

South Salt Lake, UT 84119

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:

R652-126. Wildland Urban Interface Property

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

The purpose of this filing is to implement the changes required in HB 41, passed in the 2026 General Session, to establish process for the development, implementation, and updating of the High Risk Wildland Urban Interface (WUI) map.

C. Summary of the new rule or change:

The amendments describe the development process, implementation, and updating of the High Risk WUI map.

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 41 (2026 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 41 (2026), and all fiscal impact was accounted for in the fiscal note of that bill.

B. Local governments:

This rule is put in place according to HB 41 (2026), and all fiscal impact was accounted for in the fiscal note of that bill.

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

This rule is put in place according to HB 41 (2026), and all fiscal impact was accounted for in the fiscal note of that bill.

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

This rule is put in place according to HB 41 (2026), and all fiscal impact was accounted for in the fiscal note of that bill.

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 41 (2026), and all fiscal impact was accounted for in the fiscal note of that bill.

F. Compliance costs for affected persons:

This rule is put in place according to HB 41 (2026), and all compliance costs for affected persons were 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

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

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-8-203

Subsection 65A-8-203(8)

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:

09/14/2026

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)

09/21/2026

13. Agency Authorization Information

Agency head or

designee and title:

Jamie Barnes, State Forester

Date:

07/28/2026

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

R652-126. Wildland Urban Interface Property.

R652-126-100. Purpose and Authority.

Rule R652-126 implements Article XVIII of the Utah Constitution and Section 65A-8-203 and establishes guidelines for the evaluation and classification of property within the wildland urban interface.

R652-126-200. Definitions.

(1) "County" is a political subdivision organized under Subsection 17-50-101(1) that contains High Risk Wildland Urban Interface.

(2) "Division" is the Division of Forestry, Fire, and State Lands.

(3) "High Risk Wildland Urban Interface" is identified within the Utah Wildfire Risk Assessment Portal (UWRAP) as seven and above on the Wildfire Structure Exposure Score combined with a structure density as determined by the division.

(4) "Individual" a natural person, government agency, municipality, corporation, limited liability company, or business association including but not limited to a partnership.

(5) "Lot Assessment" is an assessment performed by the Wildland Urban Interface Coordinator to analyze the wildfire risk of the property and structure according to the Wildland Urban Interface Building Standards pursuant to Section 65A-8-402.

(6) "Lot Assessment Results" means the results and recommendations as determined by the lot assessment.

(7) "Non High Risk Wildland Urban Interface" means Wildland Urban Interface that is not identified within UWRAP as High Risk Wildland Urban Interface.

(8) "Property" means real property that contains one or more structures.

(9) "Property Owner" means an individual who owns property in the High Risk Wildland Urban Interface.

(10) "Required Lot Assessment Improvements" means the lot assessment results that must be performed to comply with the Utah WUI Code.

(11) "Structure" means a "building" or "accessory structure" as defined in the Utah WUI Code and that also satisfies the definition of "property" in Subsection 59-2-102(30)(a).

(12) "Triage Scale" A lot assessment metric that classifies the wildfire risk to structures into three categories:

(a) "Classification III" means there is extreme risk of wildfire damage to structures.

(b) "Classification II" means there is very high risk of wildfire damage to structures.

(13) "Wildland Urban Interface (WUI) means the zone where structures and other human development meets, or intermingles with, undeveloped wildland.

(14) "Wildland Urban Interface Coordinator" means a representative of the division or a county who evaluates and classifies wildland urban interface property pursuant to Section 65A-8-402.

(15) "Wildland Urban Interface Property and Casualty Insurer" means an insurer that issues property or casualty insurance for wildland urban interface property.

(16) "Wildland Urban Interface Building Standards" means the Utah WUI Code adopted under Section 15A-2-103.

R652-126-300. Development of the High Risk Wildland Urban Interface Boundary Map.

(1) The division shall develop a High Risk Wildland Urban Interface Boundary Map as required by Section 65A-8-203.

(2) The map shall identify structures that fall within the Smoothed Structure Exposure Score of seven and above combined with a structure

density determined by the division.

(3) The Smoothed Structure Exposure Score shall be developed using a statistical analysis of wildfire risk specific to Utah that

demonstrates the likelihood of a wildfire event and the potential consequence to structures if a wildfire occurs.

(4) The statistical analysis shall include:

(a) The most recent fuelscape data available from national data providers identified by the division;

(b) The wildfire history from the previous ten years of complete data;

(d) Localized weather data available from national data providers identified by the division.

(5) The High Risk Wildland Urban Interface Boundary Map shall be updated once a year to reflect changes to fuelscape and structures.

(6) The division shall provide a copy of the map to each county annually at least 60 days before adopting the updated version. These

updates shall include an explanation of any expansion of the map boundary.

R652-126-400[300]. Requirement for Wildland Urban Interface Property and Casualty Insurers to Use the High Risk Wildland Urban

Interface Boundary Map.

(1) The high risk wildland urban interface boundary map identifies the high risk wildland urban interface.

(2) Only property within this high risk wildland urban interface boundary are subject to this rules.

(3) Wildland urban interface property and casualty insurers shall only use the high risk wildland urban interface boundary map provided by the division to determine whether the property is high risk wildland urban interface property.

(4) The division shall make the boundary map available to wildland urban interface property and casualty insurers as state technology allows, including[ but not limited to] an application programming interface or similar data transfer protocol.

(5) Any data collected by the division that is not otherwise public shall be considered a private record.

(6) Wildland urban interface property and casualty insurers may use additional fire hazard data, beyond the high risk wildland urban interface boundary map, when setting a rate for, or the underwriting of, high risk wildland urban interface property.

(7) This rule does not restrict the use of data or underwriting tools in determining risks that are unrelated to wildfire risk.

R652-126-500. Criteria Used for Lot Assessments.

(1) Lot assessments shall include criteria specified within the current Wildland Urban Interface code adopted by the state when analyzing

wildfire risk and mitigation factors for a property and structure within the High Risk Wildland Urban Interface.

(2) Any modifications to the Wildland Urban Interface code adopted by the state shall supersede the requirements in rule.

R652-126-600[400]. Criteria Used to Determine Triage Scale Classification.

Within the high risk wildland urban interface:

(1) Structures that do not meet the defensible space requirements nor the ignition resistant construction requirements in Chapters 5 and 6 of the current Utah WUI Code are rated as classification III;

(2) Structures that meet either the defensible space requirements in Chapter 6 or the ignition resistant construction requirements in Chapter 5 of the current Utah WUI Code, but not both, are rated as classification II;

(3) Structures that meet both the requirements of defensible space and ignition resistant construction in Chapters 5 and 6 of the current Utah WUI Code are rated as classification I;

(4) Triage scale classifications are classified as public records.

R652-126-700[500]. Process for Certification of Wildland Urban Interface Coordinators.

(1) Wildland urban interface coordinators performing lot assessments must be certified by the division.

(2) The division shall maintain a database of individuals who are currently certified to perform lot assessments.

(3) To attain wildland urban interface coordinator certification individuals shall demonstrate completion of all education and safety requirements and standards set by the division.

(4) The division shall perform quality control checks and may terminate the certification of individuals at any time if the division identifies lot assessments performed contrary to division rules, policy, or guidance.

R652-126-800[600]. Process Used for a Property Owner to Move Into a Different Triage Scale Classification of Risk.

(1) All property within the high risk wildland urban interface boundary that has not been assessed by the 1st of January 2028 shall be assigned classification III on the triage scale until a lot assessment is completed.

(2) To obtain a triage scale classification, the property owner must first obtain a lot assessment from a certified wildland urban interface coordinator.

(3) If the lot assessment identifies required lot assessment improvements, the improvements must be implemented prior to requesting a change in triage scale classification.

(4) Upon completion of the required lot assessment improvements, the property owner may request that the division update the triage scale classification for the property. Any request shall be accompanied by proof of work completed in a manner specified by the division.

(5) After making the request and providing the proof of work contemplated in Subsection (4), a wildland urban interface coordinator shall verify that the required lot assessment improvements have been completed to warrant a change in triage scale classification.

(6) To verify completion of the required lot assessment improvements, the wildland urban interface coordinator shall:

(a) If the proof of work is completed according to the required lot assessment improvements, update the triage scale classification accordingly; or

(b) If the proof of work completed fails to demonstrate completion of required lot assessment improvements, request additional information from the property owner for proof of work completed; or

(7) For a property owner to maintain the property's current triage scale classification, the property owner shall:

(a) Annually, verify that the property is still in compliance with the previous lot assessment; and

(b) Every five years, receive a new lot assessment by a wildland urban interface coordinator.

(8) Property owners that do not comply with Subsection (7) will be assessed at classification III on the triage scale.

R652-126-900[700]. Process by Which Lot Assessment Results and Triage Scale Classification Results Assigned to Property Are

Communicated Between the Division, Counties, Insurers, and Property Owners.

(1) The division shall develop and maintain a database of lot assessment results and triage scale classification results.

(2) The database created in Subsection (1) is a private record.

(3) When a lot assessment leads to a change of triage scale classification, that information shall be accessible by the county in the database.

(4) Certified wildland urban interface coordinators must utilize the software tool specified by the division to perform lot assessments.

(5) The database of lot assessment results and triage scale classification results will be made available to all counties with high risk WUI properties. The division shall limit access to the database of lot assessment results to county personnel as specified in agreement with the county.

(6) The lot assessment results will be made available to property owners.

(7) The database of triage scale classification results shall be made available to property and casualty insurers within specified limitations.

(a) Property and casualty insurers shall be limited to view only the triage scale classification of properties.

(b) Insurance personnel must request limited access to the database from the division.

R652-126-1000[800]. How the High Risk Wildland Urban Interface Fee Amount is Set.

(1) The county will annually assess a fee against the property owner of structures identified in the wildland urban interface boundary map as high risk wildland urban interface.

(2) Any portion of a structure that falls within the high risk wildland urban interface shall be assessed as if the entire structure falls within the high risk wildland urban interface. High risk to part of a structure is high risk to all of the structure.

(3) Prior to the 1st of January 2028, the fee amounts assessed to property owners within the high risk wildland urban interface shall be based on the square footage of structures on property.

(4) To determine the square footage of a structure, counties shall refer to the county assessor database, identified in Subsection 59-2-301.1(5), or the statewide web portal for uniform access to property characteristics and features, identified in Subsections 59-2-1606(5) through (6)

or any database the county utilizes for assessment purposes.

(5) After the 1st of January 2028, the fee amounts shall be set by the division according to the determined triage scale classification of the property and square footage of structures.

(a) Classification III will be assessed at the highest fee level.

(b) Classification II will be assessed at the medium fee level.

(6) The county officer shall collect the fees annually based on the current square footage rate or triage scale classification, as applicable.

(7) The division may update fee amounts annually to align with current costs associated with implementation of the high risk wildland urban interface property assessments and fee collection as per Section 65A-8-402.

(8) The county may retain a portion of the fees in a manner specified by agreement with the division.

(9) The county shall transmit the remainder of the fees to the division in a manner specified by agreement with the division.

(10) The county may only use retained fees for costs associated with implementation of the high risk wildland urban interface fee implementation as specified in agreement with the division.

(11) If the division chooses to delegate lot assessments to the county, the county may retain a portion of fees for lot assessment implementation as specified in agreement with the division.

(12) The county may include retained fees in their annual reporting of participation commitment fulfillment where allowed in the cooperative wildfire system policy, as specified in agreement with the division.

R652-126-1100[900]. Appeal of Lot Assessment Results and Triage Scale Classification.

(1) A property owner may appeal to the division the result of a lot assessment or triage scale classification following the procedure outlined in this subsection.

(2) Any appeal shall:

(a) be submitted to the division within 45 days of receipt of the result of the lot assessment; and

(b) be in writing and contain the following:

(i) The alleged discrepancy between the triage scale classification and the compliance with the current Utah WUI Code.

(ii) The effect of that discrepancy on the classification.

(iii) Evidence to support the property owner's assertion that the triage scale classification is inaccurate.

(3) The division director or the director's designee shall be the presiding officer of any appeal hearing.

R652-126-1200[1000]. Appeal of Fee Amount.

A property owner may appeal to the division the fee amount as it relates to the square footage of the structure.

(1) Any appeal to the fee amount shall be submitted to the division.

(2) The appeal time runs concurrent with the property valuation appeal time as identified by the county.

R652-126-1300. Appeal of the High Risk Wildland Urban Interface Boundary Map.

(1) A county may submit to the division a written appeal of the High Risk Wildland Urban Interface Boundary Map within 30 days of

receiving an updated version of the map.

(2) An appeal shall include written recommendations that address the data used in the statistical analysis.

(3) An appeal of the map shall identify specific parcels affected by the data being appealed.

(4) The division shall respond to the county within 30 days of receiving the appeal.

(5) If the division modifies or rejects the recommendations included in the appeal, it shall provide the county a written response justifying

the decision.

(6) If the division accepts the recommendations included in the appeal, it will apply the changes to the map in the following update.

R652-126-1400[1100]. Appeal of Structure Location.

A property owner may appeal the structure's location within the High Risk Wildland Urban Interface Boundary. Any appeal of the structure location shall be submitted to the division by March 1 following the release of the High Risk Wildland Urban Interface Boundary Map.

R652-126-1500[1200]. Items included in WUI Addendum.

The division and county shall enter into a cooperative agreement. The cooperative agreement shall include a WUI Addendum, which

incorporates terms identifying[that identify] how the division and the county [shall ]cooperate in the execution of state code and administrative rules

related to the High Risk Wildland Urban Interface.

KEY: WUI, Risk Assessment, property classification

Date of Last Change: [February 24,] 2026

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

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