WRITTEN BY SHARON CURRIE NOT AI.

I went to a meeting recently about the state regulation Title 14 as it applies to fire roads, which is a statewide regulation, not just a Nor Cal issue. It became effective in 2023, but we are just now hearing about the issues as they relate to real estate sales. The panel speakers represented the building, fire, and planning departments.

Title 14 was enacted to try to save lives during fire events. When fire trucks can’t reach homes and/or people can’t get out on congested roads, many people have died—some in their cars attempting to escape. To prevent deaths, road conditions must be improved, especially in rural Nor Cal. Considered in this light, Title 14 and all the pain and expense make sense, though they are no less onerous.

Here is a link to the Nevada County information site:
https://www.nevadacountyca.gov/DocumentCenter/View/54990/Access-Standards-for-New-Residential-Development

• Applies to all qualifying locations for any new primary residence permit, including tiny homes and those attempting to permit or remodel homes built without a permit (other than legal nonconforming homes, i.e., homes built before permits were required, which here is 1961), on non county-managed roads and/or private roads.
• On eligible roads with four or more existing homes, other than exempted roads (see CSD roads below), Title 14 applies. It also applies to all Conditional Use Permits (CUPs) on these types of properties. CUPs are also not allowed on cul-de-sacs.
• To build legally on parcels that fall into this category—which many parcels do in rural areas—you must bring the access road up to Title 14 standards.
• The road standards under Title 14 are 24-foot roads, which allow for two 10-foot lanes and two 2-foot shoulders. Depending on the road configuration, there may be a required turnout every 400 feet, measuring a minimum of 12 feet by 30 feet. The road must be engineered and have at least 2 inches of AB gravel or be paved. Some of our roads here are already compliant; some aren’t.
• If applicable, all properties on the road before yours, assuming there are at least four, must have the road in front of their property brought up to standard too, at your expense—unless everyone chips in, unlikely as that may be. On these roads, or if you have an easement and it isn’t wide enough to accommodate the required improvements, if you must destroy fencing and landscaping, you will need permission from that property owner to proceed. If they don’t agree, it becomes a civil matter, which would imply attorneys. The panel said the county will not take property by eminent domain to accomplish this.
• In our county, there is an exemption process. For instance, if a boulder prevents a part of the road from being 24 feet wide, there may be an exemption granted. In some counties, like Sierra County, there are no exemptions.
• Some private roads may be exempt if they are County Service Districts (CSDs). For instance, Darkhorse, an exclusive upscale development here, is exempt (they said at the meeting) because the roads are maintained by the county.
• Somewhat unrelated, in some parts of California prone to fires, homes that have burned down may not be allowed to be rebuilt. For instance, those on hard-to-reach ridgetops or in repeat fire areas like Malibu.

What does this mean to you?

• If you are going to develop a vacant property, or one where there are no permits for an existing home, talk to the Planning Department in your area before purchasing it or spending money on investigations, plans, etc. Get your arms around if the rule applies and the road costs, if any.
• If you own a home or are considering purchasing a home not on a CSD and there is a vacant parcel on that street, consider the effect it could have if, in the future, the road would have to be widened to provide development permits for that vacant parcel.
• Many roads here are already compliant. Check to see if the parcel you plan on developing is on one of them.
• Real Estate agents should be disclosing Title 14 requirements to buyers of vacant parcels and for properties where an existing home does not have a permit and isn’t classified as legal non conforming.

The above are excerpts from my notes. I am not an expert, just a class attendee. Consult the link above and call the Planning Department directly to get information from them and educate yourself further.

Written by me, a real person, not AI, constantly striving towards informed, strategic and strong leadership in every real estate transaction.