Berkeley approves new wildfire prevention rules, some threaten to sue

Berkeley leaders approve new wildfire prevention rules for some neighborhoods

Starting next year, residents in parts of Berkeley will have to comply with some strict new rules around wildfire prevention. The newly-approved ordinance has to do with removing vegetation and other flammable material from around your home. 

BERKELEY, Calif. - Starting next year, residents in parts of Berkeley will have to comply with some strict new rules around wildfire prevention. The newly approved ordinance has to do with removing vegetation and other flammable material from around your home. 

Council unanimously approves new landscaping rules

"The next fire is on the way at some point and we need to be prepared," said Berkeley City Council Member Brent Blackaby, who represents District 6. 

What we know:

Berkeley City Council unanimously passed the Berkeley Fire Department's EMBER proposal on Tuesday night. It's a series of new landscaping rules that specifically apply to hundreds of homeowners in the high-risk Berkeley Hills. 

"It's basically 2000 homes along the Grizzly Peak Ridge and also around Panoramic Hill," said Blackaby. "We know that these fires come to Berkeley once every 20 or 30 years. And it's been 34 years since we had the last fire.

The new rules stipulate a five-foot buffer zone around these homes. That means no in-ground vegetation, no climbing vines, no combustible mulch and no wooden fences. Exceptions would be made for mature trees and non-flammable planters. 

"The fire science tells us that if you keep that area clear of flammable material, we have a much better chance of keeping homes from igniting, and if homes don't ignite, we can stop a catastrophic firestorm from coming down the hill into the rest of Berkeley," said Blackaby. 

Some residents question effectiveness, cost of new rules

"We felt that it was a travesty," said Berkeley Hills resident George Perez Velez.

Perez Velez says many of his neighbors were upset by the vote, questioning the science behind it. 

What they're saying:

"In paradise, the ember came to the top of the house and burned from the roof down. They didn't hit the plants and went into the home. So we don't believe that having to ground-zero all the plants out, without looking at plants that could be fire-resistant or fire retardant, it's a problem," said Perez Velez. 

Perez Velez has founded the Alliance for Practical Fire Solutions, which plans to sue the city to stop the ordinance from taking effect--arguing many residents just can't afford to make these changes. 

"People don't have that kind of money. People that are retired, people on a fixed income," said Perez Velez. 

But the city says there will be money available for people who need a hand. 

"For residents who are age 65 plus or below median income, you can apply for a grant to finance much of this work," said Blackaby. 

What's next:

The new rules officially take effect Jan. 1, 2026, but enforcement won't begin until next spring.