2005 California Public Resources Code Sections 4291-4299 LANDS

4291.  A person that owns, leases, controls, operates, or maintains
a building or structure in, upon, or adjoining any mountainous area,
forest-covered lands, brush-covered lands, grass-covered lands, or
any land that is covered with flammable material, shall at all times
do all of the following:
   (a) Maintain around and adjacent to the building or structure a
firebreak made by removing and clearing away, for a distance of not
less than 30 feet on each side of the building or structure or to the
property line, whichever is nearer, all flammable vegetation or
other combustible growth. This subdivision does not apply to single
specimens of trees or other vegetation that is well-pruned and
maintained so as to effectively manage fuels and not form a means of
rapidly transmitting fire from other nearby vegetation to any
building or structure.
   (b) Maintain around and adjacent to the building or structure
additional fire protection or firebreak made by removing all brush,
flammable vegetation, or combustible growth that is located within
100 feet from the building or structure or to the property line or at
a greater distance if required by state law, or local ordinance,
rule, or regulation. This section does not prevent an insurance
company that insures a building or structure from requiring the owner
of the building or structure to maintain a firebreak of more than
100 feet around the building or structure.  Grass and other
vegetation located more than 30 feet from the building or structure
and less than 18 inches in height above the ground may be maintained
where necessary to stabilize the soil and prevent erosion. This
subdivision does not apply to single specimens of trees or other
vegetation that is well-pruned and maintained so as to effectively
manage fuels and not form a means of rapidly transmitting fire from
other nearby vegetation to a dwelling or structure.
   (c) Remove that portion of any tree that extends within 10 feet of
the outlet of a chimney or stovepipe.
   (d) Maintain any tree adjacent to or overhanging a building free
of dead or dying wood.
   (e) Maintain the roof of a structure free of leaves, needles, or
other dead vegetative growth.
   (f) Prior to constructing a new building or structure or
rebuilding a building or structure damaged by a fire in such an area,
the construction or rebuilding of which requires a building permit,
the owner shall obtain a certification from the local building
official that the dwelling or structure, as proposed to be built,
complies with all applicable state and local building standards,
including those described in subdivision (b) of Section 51189 of the
Government Code, and shall provide a copy of the certification, upon
request, to the insurer providing course of construction insurance
coverage for the building or structure. Upon completion of the
construction or rebuilding, the owner shall obtain from the local
building official, a copy of the final inspection report that
demonstrates that the dwelling or structure was constructed in
compliance with all applicable state and local building standards,
including those described in subdivision (b) of Section 51189 of the
Government Code, and shall provide a copy of the report, upon
request, to the property insurance carrier that insures the dwelling
or structure.
   (g) Except as provided in Section 18930 of the Health and Safety
Code, the director may adopt regulations exempting structures with
exteriors constructed entirely of nonflammable materials, or
conditioned upon the contents and composition of same, he or she may
vary the requirements respecting the removing or clearing away of
flammable vegetation or other combustible growth with respect to the
area surrounding those structures.
   No exemption or variance shall apply unless and until the occupant
thereof, or if there is not an occupant, the owner thereof, files
with the department, in a form as the director shall prescribe, a
written consent to the inspection of the interior and contents of the
structure to ascertain whether this section and the regulations
adopted under this section are complied with at all times.
   (h) The director may authorize the removal of vegetation that is
not consistent with the standards of this section. The director may
prescribe a procedure for the removal of that vegetation and make the
expense a lien upon the building, structure, or grounds, in the same
manner that is applicable to a legislative body under Section 51186
of the Government Code.
   (i) As used in this section, "person" means a private individual,
organization, partnership, limited liability company, or corporation.
4291.1.  (a) Notwithstanding Section 4021, a violation of Section
4291 is an infraction punishable by a fine of not less than one
hundred dollars ($100), nor more than five hundred dollars ($500).
If a person is convicted of a second violation of Section 4291 within
five years, that person shall be punished by a fine of not less than
two hundred fifty dollars ($250), nor more than five hundred dollars
($500).  If a person is convicted of a third violation of Section
4291 within five years, that person is guilty of a misdemeanor and
shall be punished by a fine of not less than five hundred dollars
($500).  If a person is convicted of a third violation of Section
4291 within five years, the department may perform or contract for
the performance of work necessary to comply with Section 4291 and may
bill the person convicted for the costs incurred, in which case the
person convicted, upon payment of those costs, shall not be required
to pay the fine.  If a person convicted of a violation of Section
4291 is granted probation, the court shall impose as a term or
condition of probation, in addition to any other term or condition of
probation, that the person pay at least the minimum fine prescribed
in this section.
   (b) If a person convicted of a violation of Section 4291 produces
in court verification prior to imposition of a fine by the court,
that the condition resulting in the citation no longer exists, the
court may reduce the fine imposed for the violation of Section 4291
to fifty dollars ($50).
4292.  Except as otherwise provided in Section 4296, any person that
owns, controls, operates, or maintains any electrical transmission
or distribution line upon any mountainous land, or forest-covered
land, brush-covered land, or grass-covered land shall, during such
times and in such areas as are determined to be necessary by the
director or the agency which has primary responsibility for fire
protection of such areas, maintain around and adjacent to any pole or
tower which supports a switch, fuse, transformer, lightning
arrester, line junction, or dead end or corner pole, a firebreak
which consists of a clearing of not less than 10 feet in each
direction from the outer circumference of such pole or tower.  This
section does not, however, apply to any line which is used
exclusively as telephone, telegraph, telephone or telegraph messenger
call, fire or alarm line, or other line which is classed as a
communication circuit by the Public Utilities Commission.  The
director or the agency which has primary fire protection
responsibility for the protection of such areas may permit exceptions
from the requirements of this section which are based upon the
specific circumstances involved.
4293.  Except as otherwise provided in Sections 4294 to 4296,
inclusive, any person that owns, controls, operates, or maintains any
electrical transmission or distribution line upon any mountainous
land, or in forest-covered land, brush-covered land, or grass-covered
land shall, during such times and in such areas as are determined to
be necessary by the director or the agency which has primary
responsibility for the fire protection of such areas, maintain a
clearance of the respective distances which are specified in this
section in all directions between all vegetation and all conductors
which are carrying electric current:
   (a) For any line which is operating at 2,400 or more volts, but
less than 72,000 volts, four feet.
   (b) For any line which is operating at 72,000 or more volts, but
less than 110,000 volts, six feet.
   (c) For any line which is operating at 110,000 or more volts, 10
feet.
   In every case, such distance shall be sufficiently great to
furnish the required clearance at any position of the wire, or
conductor when the adjacent air temperature is 120 degrees
Fahrenheit, or less.  Dead trees, old decadent or rotten trees, trees
weakened by decay or disease and trees or portions thereof that are
leaning toward the line which may contact the line from the side or
may fall on the line shall be felled, cut, or trimmed so as to remove
such hazard.  The director or the agency which has primary
responsibility for the fire protection of such areas may permit
exceptions from the requirements of this section which are based upon
the specific circumstances involved.
4294.  A clearing to obtain line clearance is not required if
self-supporting aerial cable is used.  Forked trees, leaning trees,
and any other growth which may fall across the line and break it
shall, however, be removed.
4295.  A person is not required by Section 4292 or 4293 to maintain
any clearing on any land if such person does not have the legal right
to maintain such clearing, nor do such sections require any person
to enter upon or to damage property which is owned by any other
person without the consent of the owner of the property.
4296.  Sections 4292 and 4293 do not apply if the transmission or
distribution line voltage is 750 volts or less.
4296.5.  (a) Any person or corporation operating a railroad on
forest, brush, or grass-covered land shall, if ordered by the
director or the agency having primary responsibility for fire
protection of the area, destroy, remove, or modify so as not to be
flammable any vegetation or other flammable material defined by
regulation of the director to be a fire hazard on the railroad
right-of-way.  The director shall adopt regulations establishing fire
prevention hazard reduction standards for broad geographic areas by
fuel type, slope, and potential for ignition from hot or flaming
exhaust, carbon particles, hot metal, burning signal devices, burning
tobacco, and other similar potential sources of ignition.
   (b) The order to destroy, remove, or modify vegetation or other
flammable material shall specify the location of the hazard to be
destroyed, removed, or modified within the right-of-way, the width of
the hazard which shall not exceed the width of the right-of-way, and
the time within which compliance with the order is required.
   (c) The director or the agency having primary responsibility for
fire protection of the area shall allow a reasonable period of time
for compliance with an order to destroy, remove, or modify vegetation
or other flammable material.
4297.  Upon the showing of the director that the unrestricted use of
any grass-covered land, grain-covered land, brush-covered land, or
forest-covered land is, in the judgment of the director, a menace to
life or property due to conditions tending to cause or allow the
rapid spread of fires which may occur on such lands or because of the
inaccessible character of such lands, the Governor through the
director, may, by a proclamation, which declares such condition and
designates the area to which, and the period during which the
proclamation shall apply, require that such area be closed to hunting
and fishing and to entry by any person except a person that is
within one of the following classes:
   (a) Owners and lessees of land in the area.
   (b) Bona fide residents in the area.
   (c) Persons engaged in some bona fide business, trade, occupation,
or calling in the area and persons employed by them in connection
with such business, trade, occupation, or calling.
   (d) Authorized agents or employees of a public utility entering
such area for the purpose of operating or maintaining public utility
works or equipment within the area.
   (e) Members of any organized firefighting force.
   (f) Any federal, state or local officer in the performance of his
duties.
   (g) Persons traveling on public roads or highways through the
area.
4298.  The proclamation by the Governor shall be released to the
wire news services in the state, and shall be published at least once
in a newspaper of general circulation in each county which contains
any lands covered by the proclamation.  Notice of closure shall also
be posted on trails or roads entering the area covered by the
proclamation.  The closure shall be effective upon issuance of the
proclamation by the Governor.  Each notice shall clearly set forth
the area to be subject to closure and the effective date of such
closure.  The closure shall remain in full force and effect until the
Governor shall by order terminate it.  The notice of such
termination shall follow the same procedure by which such closure was
effected.  The order of termination shall be effected upon issuance.
4299.   A person who violates Section 4297 or 4298 is guilty of a
misdemeanor and shall be punished by a fine of not less than one
hundred dollars ($100) nor more than two thousand dollars ($2,000) or
by imprisonment in the county jail for not less than 10 days nor
more than 90 days or both the fine and imprisonment.  All state and
county law enforcement officers shall enforce orders of closure.