Arizona Department of Forestry and Fire Management
AGENCY CONTACT INFORMATION
Arizona Department of Forestry and Fire Management
See also: Department of Fire, Building and Life Safety and State Land Department
Authority
The office of the State Forester was established in 1966. Originally part of the State Land Department, the State Forester was established as a separate position in 2004.
In 2016, the State Fire Marshal was placed under the authority and direction of the State Forester. Statutes were reorganized as the Arizona Department of Forestry and Fire Management (DFFM) and may be found at A.R.S. §§37-1301 through 37-1426.
Function
The office of the State Forester was established in 1966. Originally part of the State Land Department, the State Forester was established as a separate position in 2004. The purpose of the DFFM is to provide for land management and prevention and suppression of wildland fires on state land and on private property located outside of cities and towns.
Powers and duties of the State Forester include performing all management and administrative functions relating to forestry and wildfire prevention, mitigation and suppression activities, maximizing state fire assistance grants, conducting education and outreach in forest communities, as well as developing and implementing a comprehensive statewide wildfire response plan, including standards for training and certification for fire personnel, apparatus and equipment. See A.R.S. §§37-1301 and 37-1302.
Since its creation, the Department assumed the responsibilities of the Office of the State Fire Marshal and was also authorized to coordinate projects to remove nonnative vegetation to help prevent fire, flooding, and watershed management.
History
Laws 1966, Chapter 20 established the office and responsibilities of the State Forester. The law allowed the State Land Commissioner to either serve concurrently as the State Forester or to appoint a person to the position.
Laws 1974, Chapter 59 authorized the State Forester to suppress wildfires on state and private land and to cooperate with the State Fire Marshal to prevent fires on rural land and wildlands.
Laws 1990, Chapter 387 allowed the State Forester to request the Governor to declare a wildland fire emergency.
Laws 1997, Chapter 249 authorized the State Forester to prohibit fires and fireworks. If a prohibition was announced, the State Forester was required to notify the Secretary of State and the media.
Laws 2003, Chapter 245 required the State Forester to provide information to legislative committees concerning current conditions of forests in Arizona, policies related to forest management, the wildland-urban interface, and emergency management issues.
Laws 2004, Chapter 326 established the State Forester as a position separate from the State Land Commissioner. The Governor was required to appoint the State Forester, rather than allowing the State Land Commissioner to serve in that capacity. Duties of the State Forester were expanded.
Laws 2012, Chapter 135 required the State Forester to develop an annual plan to deploy various governmental resources for wildfire suppression activities.
Laws 2014, Chapter 207 required the State Land Commissioner and the State Forester to establish a program, by January 1, 2016, to remove vegetative natural products for purposes of fire suppression and forest management. The deadline to establish the program was extended to January 1, 2018 by Laws 2017, Chapter 166.
Laws 2016, Chapter 128 abolished the Department of Fire, Building and Life Safety and divided its duties and responsibilities among three existing state agencies. The measure placed the State Fire Marshal under the authority and direction of the State Forester. The responsibilities (to promote public health and safety, reduce fire hazards, conduct fire and arson investigations, provide public education, adopt fire protection codes and training standards, conduct ignition testing for cigarettes, and to regulate and register trampoline courts) remained essentially the same. Statutes related to the State Forester and the State Fire Marshal were transferred and renumbered as A.R.S. §§37-1301 through 37-1426. The heading for Title 37, Chapter 9 was revised to: Arizona Department of Forestry and Fire Management.
Laws 2017, Chapter 258 authorized the Assistant Director of the Office of the State Fire Marshal, through the State Forester, to issue a cease and order based on specified circumstances; outlined procedures; and established civil penalties.
Laws 2019, Chapter 269 established the Nonnative Species Eradication Fund, administered by the State Forester, for nonnative vegetation invasive species eradication projects. DFFM is required to coordinate projects with the State Land Department and the Arizona Game and Fish Department; provide grants to state agencies, political subdivisions and nonprofit organizations to fund eradication projects that help prevent fire and flooding, conserve water, replace nonnative with native vegetative species, and restore wildlife habitat. DFFM is required to establish application procedures and criteria for grant proposals. An annual report is due to the Joint Legislative Budget Committee and the Governor’s Office of Strategic Planning and Budgeting that provides information on expenditures, benefits to treated land, project status and timeline for completion.
Laws 2021, Chapter 44 modified and expanded the current program to remove vegetation for purposes of fire suppression and watershed management. The State Forester is authorized to enter into intergovernmental agreements or memorandums of understanding with public agencies to identify and remove vegetative natural products where the vegetation is hazardous. Agreements may be made with state, federal, tribal or private landowners and the State Forester may partner with the Arizona Department of Corrections to use programs designed to reduce recidivism.
In June 2021, Governor Ducey called a special session of the state legislature to increase funds to battle wildfires and to provide funding for post-fire flooding. Laws 2021, First Special Session, Chapter 1 appropriated $75 million in fiscal year 2020-2021 to DFFM for wildfire emergency response. The measure also appropriated $24.5 million and 122 full-time equivalent positions in fiscal year 2020-2021 to DFFM for wildfire mitigation and special programs. The measure authorized up to $10 million for financial assistance to landowners for emergency repairs for infrastructure damage resulting from fire or fire suppression activities. In 2022, the Legislature modified qualifications for landowners to receive financial assistance for repairs. See Laws 2022, Chapter 1.
A second measure enacted in 2022 expanded the powers and duties of the State Forester to include wildfire prevention, mitigation and suppression activities. The measure also requires the State Forester to obtain copies of delegation of authority agreements executed between the state and the US Forest Service. The language was developed as a result of the legislative Forest and Wildfire Management Ad hoc Committee established by Speaker Bowers in 2021. The Committee met four times in 2021: September 29, October 6, November 9 and December 17. See Laws 2022, Chapter 129.
Sources
- Arizona Revised Statutes §§37-1301 through 37-1426
- Session Laws
- Laws 1966, Chapter 20
- Laws 1974, Chapter 59
- Laws 1990, Chapter 387
- Laws 1997, Chapter 249
- Laws 2003, Chapter 245
- Laws 2004, Chapter 326
- Laws 2012, Chapter 135
- Laws 2014, Chapter 207
- Laws 2016, Chapter 128
- Laws 2017, Chapter 166 and Chapter 258
- Laws 2019, Chapter 269
- Laws 2021, First Special Session, Chapter 1
- Laws 2022, Chapter 1 and Chapter 129
Department of Forestry and Fire Management website
Forest and Wildfire Management Ad hoc committee agendas
Forest and Wildfire Management Ad hoc committee minutes
Procedural review, Arizona Department of Forestry and Fire Management, Report 16-308, November 2016
Related Collections at Arizona State Archives
- RG 195 – State Forestry Division
