Clearing State Land Brush: Homeowners Responsiblity

MRCA land that abuts a homeowner’s land is supposed to be cleared by the resident.

Long-time Highlands resident Joe Halper,96, told this editor last week, “I’ve been paying MRCA (Mountains Recreation Consevation Authority)  $40 for years for brush clearance, why wasn’t it done?” Halper’s home was among the thousands destroyed in the Palisades Fire.

According to the Los Angeles County auditor/controller, there are 9,580 parcels in the 90272-zip code. Of those, 6,220 received an MRCA assessment and the tax levy ranged from about $2 to $570 with an average of $31 per parcel. L.A. County Assessor Jeff Prang’s office helped with the research.

Halper did not realize that he was personally responsible for clearing state land abutting his property. But, on the LAFD site (click here.), it notes that “According to MRCA under the state law, brush clearance is the responsibility of the property owner whose property falls adjacent to MRCA management land. MRCA will not be held responsible and is protected by state law.

The statement adds, “It is the obligation of the property owner to comply with the weed abatement regulations on protected parklands annually. Weed abatements requirements vary by jurisdiction. It is your obligation to check with your local weed abatement district for defensible space requirements. The City of Los Angeles requires property located in the Very High Fire Hazard Severity Zone to maintain in accordance with the Fire Code.”

There is a link that takes one to a permission page to access a brush clearance permit. click here. “On that site it states The MRCA does not regulate brush clearance.”

The Malibu Times in a June 2020 story click here. (“A Look into the MRCA Budget”) story wrote: “Homeowners received annual documents from the MRCA that shift financial and legal responsibility for brush cleanup to homeowners.

“The document starts by outlining state laws mandating property owners clear brush within 100-200 yards of structures on their property. It then grants permission for homeowners to clean up brush on MRCA land, so long as it is within the 100- to 200-yard perimeter of a property structure.

“For example, if a property owner’s house is adjacent to MRCA land, and the house sits 50 feet from the property line, then the owner is responsible for cleaning up the brush on the next 50-150 yards, even if that land is under MRCA jurisdiction.”

“City of Malibu Fire Safety Liaison Jerry Vandermeulen said this shift in responsibility is not common practice for city governments. Typically, counties will clean up the brush and add compensatory fees to the landowner’s next tax bill. But if a resident’s property abuts MRCA land, that person is held liable for maintaining the 100- to 200-yard brush clearance and, as a result, can face fines—in essence, for not clearing MRCA property.

“If it’s a private property owner, then there are fines […] but because of this state law that basically exempts MRCA, there’s basically no recourse against MRCA if they don’t do anything,” Vandermeulen said.

Prang’s public information officer Stephen Withmore wrote “The auditor/controller informed us that it is at the discretion of the Direct Assessment Agency to determine if a fire-affected parcel will be subject to a waiver of Direct Assessment fees.”

Even though he doesn’t have a home, Halper may be paying the parcel tax again this year. CTN reached out to MRCA spokesperson Dash Stolarz to ask if people whose homes were destroyed in the fire would be required to pay. She had not responded by press time.