[Nssha] NFH Outreach News: CPRA - Restoring Permit Holder Rights After a Wildfire or Other Disaster

[mgbrattland at gerlecreek.com]

From: Linden Beck <linden.w.beck at gmail.com> 
Sent: Wednesday, October 9, 2024 2:35 PM
Cc: Desiree La Maggiore <desiree.lamaggiore at nationalforesthomeowners.org>
Subject: NFH Outreach News: CPRA - Restoring Permit Holder Rights After a Wildfire or Other Disaster
 
Good Afternoon - the following message from NFH is for your reading and for sharing   more widely with your own cabin tracts.  Thank you 
 
The cabin community has suffered over 500 cabins lost to wildfire and other disasters over the last six years, and El Dorado suffered a loss of 277 of these cabins just in the Caldor Fire..  Forest Service (FS) current policies and practices have made the recovery and rebuilding process very challenging for replacing cabins. This message is the second in a series of messages focused on provisions of the proposed Cabin Program Restoration Act (CPRA) intended to restore and strengthen our Permit Holder Rights.
Rebuild Decisions. FS policy requires a rebuild decision, but does not specify a timeline for making the decision if your cabin is destroyed. The CPRA would set a firm 12-month requirement for such a decision. In addition, current FS practice does not allow an appeal of an unfavorable rebuild decision. The CPRA guarantees the right to appeal such decisions.
Surviving Improvements. Currently, the FS does not allow the sale of other surviving improvements (septic systems, water systems, docks, etc.) following cabin destruction by wildfire or other disasters. For cabin owners who do not have the means or desire to rebuild a cabin, this prevents them from selling these surviving improvements to another party willing to invest in constructing a replacement cabin. The CPRA requires the FS to allow the sale of these privately owned improvements, including any prorated share of a community improvement to another party willing to meet FS requirements for replacing the cabin.
In-lieu lot. FS policy allows but does not require the line officer to offer an in-lieu (alternative) lot if your cabin is destroyed and your lot is determined to be unsafe or unsuitable to build on. The CPRA would require such an offer and include developing a new lot if an existing lot was not available.
Fee Adjustments. The 2015 Cabin Fee Act (CFA) required the FS to implement a policy for temporarily waiving or reducing special use fees if access to and occupancy of your cabin is impaired for reasons outside the control of the permit holder. The recently published FS policy limits the application of a fee adjustment to a very limited set of circumstances. The CPRA would require the policy to apply to all reasons outside the control of the permit holder.
For more information, please reference Restoring Permit Holder Rights. <https://cdn.ymaws.com/nationalforesthomeowners.site-ym.com/resource/resmgr/calls_to_action/2024_cpra/restoring_permit_holder_righ.pdf> 
 
 
Linden Beck 
NFH Communicator 
36 Milestone Tract 
(916) 202-9021 
 
 
 
 
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