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Butte County, CA Fire Regulations: Brush Clearance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Butte County Code § 38A-5
Who must comply
Owners, tenants, occupants of unincorporated parcels
First-offense fine
Up to $100
Second-offense fine (12 mo)
Up to $200
Third+ offense fine
Up to $500 each
Admin civil penalty cap
$1,000 (§ 38A-9)
Enforcing agency
Fire Chief & Code Enforcement Division

Summary

Every owner, tenant or occupant of unincorporated Butte County land must create firebreaks wherever a fire hazard exists, under County Code Section 38A-5. A parcel out of compliance is declared a public nuisance, and each day the condition continues counts as a separate infraction. Fines climb from $100 for a first violation to $500 for each further violation within twelve months, enforced by the Fire Chief and Development Services Code Enforcement.

These county ordinances apply to unincorporated areas of Butte County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(a)Any person that owns, leases, controls, operates, or maintains any parcel in the unincorporated area of Butte County shall create firebreaks where a fire hazard exists, to slow or stop the spread of fire....(c)Maintaining a Fire Hazard. Maintaining a parcel that is not in compliance with the requirements set out in this chapter is hereby declared to be unlawful. The continued existence of such condition shall be deemed a separate and distinct offense for each and every day that such condition continues to exist. Any person who violates any provision of this chapter shall be guilty of an infraction punishable by:(1)A fine, not exceeding one hundred dollars ($100.00), for a first violation;(2)A fine, not exceeding two hundred dollars ($200.00), for a second violation of this chapter within any consecutive twelve (12) month period; and(3)A fine, not exceeding five hundred dollars ($500.00), for each additional violation of this chapter within any consecutive twelve (12) month period.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 61).

Full Breakdown

Section 38A-5 of the Butte County Code of Ordinances imposes an affirmative duty on anyone who owns, leases, controls, operates or maintains a parcel in the unincorporated area: create firebreaks wherever a fire hazard exists to slow or stop the spread of fire. The chapter grew out of the 2018 Camp Fire and the 2020 North Complex Fire, both cited in the Board of Supervisors' findings at Section 38A-2 as catastrophic losses the ordinance is meant to prevent from repeating. Maintaining a parcel out of compliance is declared both a public nuisance and unlawful, and the condition is treated as a separate offense for every day it persists.

The specific firebreak standards a landowner must meet sit in the companion section, 38A-6, which sets Zone 0, Zone 1 and Zone 2 vegetation clearance distances. Section 38A-5 is the enforcement backbone: it lets the Fire Chief, working with the Department of Development Services Code Enforcement Division, cite violators. Before a citation issues, the Fire Chief can first send a Notice to Abate Fire Hazard giving the owner at least thirty days to comply under Section 38A-7; if the owner still refuses, the county can post a 72-hour notice, refer the matter to a hearing officer, and ultimately abate the hazard itself and bill the owner for the abatement and administrative costs under Sections 38A-8 and 38A-9. Citations may be served personally, by posting and mailing, or by mail alone, and service is deemed complete even if the violator never actually receives it. A hearing officer may also award an administrative civil penalty of up to $1,000 in addition to the criminal fines under Section 38A-5.

Violations & Fines

Violating Section 38A-5 is an infraction: up to $100 for a first offense, up to $200 for a second within twelve months, and up to $500 for each additional violation in that period. Three or more convictions within twelve months allow the county to charge a misdemeanor instead. A hearing officer can also impose an administrative civil penalty of up to $1,000 under Section 38A-9, and unpaid abatement costs become a lien against the property, collectible as a special assessment on the tax bill.

Frequently Asked Questions

Who has to create a firebreak on unincorporated Butte County land?
Anyone who owns, leases, controls, operates or maintains a parcel in the unincorporated area of Butte County must create a firebreak wherever a fire hazard exists, under Section 38A-5. The duty applies whether or not the land is improved, and a violation is treated as a new offense for every day the hazard continues uncorrected.
What fine can Butte County issue for an unabated fire hazard?
A first violation of Section 38A-5 carries a fine of up to $100, a second violation within twelve months up to $200, and each further violation in that period up to $500. Three or more convictions in twelve months let the county charge the offense as a misdemeanor rather than an infraction.
Can Butte County make me pay for clearing my own property?
Yes. If a hearing officer finds a public nuisance under Chapter 38A and the owner does not voluntarily abate it, the Fire Chief or Development Services can remove the hazard and bill the owner for abatement and administrative costs, plus any administrative penalty, which can become a lien on the property.

Sources & Official References

Other rules in Butte County

All Butte County rules

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