By Laurel Busby
News & Information Editor
The Brentwood Homeowners Association (BHA) has hired a lawyer and formed a coalition to counter aspects of the Calif. Board of Forestry & Fire Protection’s proposed Zone 0 regulations, which restrict foliage allowed within five feet of structures.
“Our objective is not less wildfire protection, but more effective protection,” said BHA President Thelma Waxman in a letter to association members. “We support maintaining roofs and gutters, removing dead vegetation and combustible debris, addressing hazardous fence and gate connections, and strengthening vulnerable building components. However, we believe the regulations should allow a meaningful performance-based alternative that permits healthy, well-maintained landscaping when an objective assessment demonstrates that it does not create an unacceptable ignition pathway. Also, local fire authorities should have the flexibility to approve equivalent protective measures appropriate to local conditions.
BHA has established the California Coalition for Sensible Zone 0 Regulations to unite homeowners, neighborhood associations, and other organizations as part of its effort to bring “meaningful changes to the regulations,” according to Waxman’s letter, which is printed in full below.
According to Tony Andersen, the executive director of the Board of Forestry & Fire Protection, the newest version of the regulations will be submitted to the Office of Administrative Law for review on Nov. 16 “or soon after.” The public can then submit comments during the OAL’s review of the regulations. A previous Canyon News article about the regulations can be found here.
Currently, The Canyon Alliance Resilience & Public Space Committee is considering the regulations and plans to wait for the BHA to issue recommendations before deciding on any next steps, according to Alliance Board Member Doug Suisman.
Residents and organization representatives can visit this link to join the BHA coalition, which is “advocating for effective, science-based Zone 0 wildfire regulations that recognize home hardening, local conditions, and homeowners' property rights,” according to its registration website. BHA has engaged Paul Hastings to evaluate legal options, including a potential challenge to the regulations.
Full letter from Waxman:
November 8, 2026
Dear BHA and Community Members :
The Board of Forestry has approved the new Zone 0 regulations. We want you to hear directly from us about what happened, what comes next, and how BHA is responding.
Throughout the rulemaking process, BHA submitted detailed comments challenging the evidence supporting specific restrictions, the potentially substantial costs of compliance and the practical consequences for homeowners and our neighborhoods. Our position has consistently been that wildfire protection must be effective, evidence-based, and workable—not simply a collection of mandates imposed without adequate consideration of their actual benefits and burdens. We are deeply disappointed that the adopted regulations fail to adequately address our central concerns. Meaningful public participation requires more than an opportunity to speak; it requires substantive consideration of the evidence and reasoned responses to legitimate objections. Board approval is not the final step. Because these are emergency regulations, the Board will submit them to the Office of Administrative Law (OAL) on or after November 13, 2026. The public will then have five calendar days to submit comments directly to OAL, which has 10 calendar days to make its determination. If OAL approves the regulations, they will take effect when filed with the Secretary of State, unless the Board specifies a later effective date. Unlike most emergency regulations, these rules will not automatically expire after 180 days. They will remain in effect until revised by the Board, with no expiration date.
We anticipate OAL approval and are preparing accordingly. BHA has engaged Paul Hastings LLP to evaluate our legal options, including a potential legal challenge. We will continue to advance our objections through counsel and the appropriate regulatory channels, while preparing for the next steps should the regulations be approved by OAL. We believe this work must begin now, rather than waiting until the regulations take effect.
Recognizing that these regulations affect communities throughout California, BHA has established the California Coalition for Sensible Zone 0 Regulations to bring together homeowners, neighborhood associations, and other organizations that share our concerns. By working together, we hope to strengthen our collective voice, coordinate our efforts, and build support for meaningful changes to the regulations.
Our objective is not less wildfire protection, but more effective protection. As explained in our comment letters, we support maintaining roofs and gutters, removing dead vegetation and combustible debris, addressing hazardous fence and gate connections, and strengthening vulnerable building components. However, we believe the regulations should allow a meaningful performance-based alternative that permits healthy, well-maintained landscaping when an objective assessment demonstrates that it does not create an unacceptable ignition pathway. Also, local fire authorities should have the flexibility to approve equivalent protective measures appropriate to local conditions.
Effective wildfire protection must be based on sound science and practical experience. It must also recognize the financial impact on homeowners. Clear and affordable standards, consideration of less costly alternatives, technical and financial assistance, and reasonable compliance periods should be essential components of any workable program.
These regulations have implications far beyond Brentwood. They affect properties throughout California's Very High Fire Hazard Severity Zones. We encourage you to share this letter with friends, neighbors, and community organizations throughout California and invite them to join California Coalition for Sensible Zone 0 Regulations.
We will keep you informed as this process moves forward and will continue pressing for regulations that genuinely protect homes, respect property rights, and recognize the practical realities of the communities they affect.
With gratitude for your engagement,
Thelma Waxman
President, Brentwood Homeowners Association
