Adopted August 19, 2026. The Board of Forestry approved the statewide Zone 0 regulation. It is not yet in effect: review by the Office of Administrative Law comes next. What changes, and when.

One city, two named areas, twelve fire agencies, and a fence clause that does not match the state's.

Zone 0 in Alameda County: in force in two Berkeley areas, and nowhere else we found

Status check (August 19, 2026): The Board of Forestry approved the statewide Zone 0 regulation on August 19, 2026. It is not yet in effect: the package still needs Office of Administrative Law review (including a five-day public comment period) and publication by the Secretary of State, and no compliance deadline is running yet. Separately, seven local jurisdictions have their own Zone 0 rules in force now. See the live status tracker.

The short version

  • Berkeley's EMBER ordinance is genuinely in force, since January 1, 2026. Its Zone 0 requirements reach two named areas only, Grizzly Peak and Panoramic: "just under 1,400 properties."
  • The fence rule there: an attached fence needs a five-foot noncombustible span at the point of attachment; an existing parallel fence that does not touch the house is allowed; and no new or replacement combustible sections are permitted within five feet.
  • That replacement ban runs opposite to the statewide rule adopted August 19, 2026, whose Local Responsibility Area text lets you repair a combustible fence with combustible materials. The statewide rule is not yet in effect.
  • Outside those two areas, Berkeley's own code sends the first five feet back to Zone 1 treatment, and we found no adopted Zone 0 rule anywhere else in the county as of August 20, 2026.

Two sets of rules, and only one is in force today

In force now: Berkeley Ordinance No. 7,991-N.S., which created Berkeley Municipal Code Chapter 19.49 and adopted the 2025 California Wildland-Urban Interface Code with local amendments. The Council adopted the second reading on December 2, 2025, and the Zone 0 section carries its own date on its face: "Effective January 1, 2026 the Grizzly Peak Mitigation Area and Panoramic Mitigation Area shall be subject to 604.3.2 in addition to 604.3.1."

Adopted, not yet in effect: the statewide regulation, approved by the Board of Forestry on August 19, 2026. No certified text has been published, and no statewide clock is running. Our timeline and enforcement guide tracks that process.

Two legal tracks run underneath: the State Responsibility Area (SRA), where the state carries financial responsibility for wildfire protection, under Public Resources Code section 4291, and the Local Responsibility Area (LRA), under Government Code section 51182, the section Oakland cited when it expanded its hazard map. Their fence provisions are not identical.

Where the statewide rule will reach in this county

Once effective, the regulation covers the whole SRA regardless of hazard class, plus Very High Fire Hazard Severity Zones inside the LRA. Alameda County has both: the county's 2025 wildfire plan records CAL FIRE working in "the SRA and LRA of Alameda County including Sunol." No acreage figure was obtainable from a primary source, for the SRA or the 2025 LRA maps, so we publish none.

Those LRA maps were released here on February 24, 2025, and two jurisdictions reported that they shrank Very High area inside their own borders: the Alameda County Fire Department found "fewer areas within unincorporated Castro Valley" designated Very High, and Oakland said the map would "remove large portions of the Oakland Hills." Two local reductions are not a county total, so the countywide direction of change is unknown.

A city cannot lower a state hazard designation, but it may raise one, and Oakland did: it legislated its whole Wildfire Prevention Zone as Very High, "including areas not identified as Very High Fire Hazard Severity Zones by the State Fire Marshall in the February 24, 2025 maps."

JurisdictionInstrumentStatus as of August 20, 2026
BerkeleyOrdinance 7,991-N.S. (BMC Ch. 19.49)In force. Zone 0 applies in the two mitigation areas only.
OaklandOrdinance 13851 C.M.S.Passed June 17, 2025. Hazard zones only; no Zone 0 rule found.
PiedmontOrdinance 787 N.S.Adopted December 1, 2025. Whole city declared a WUI Area; no fence provisions.
ACFD district (unincorporated)Draft, unnumberedProposed May 13, 2025. Passage not confirmed.
FremontReported as Ordinance 10-2025Not verified. Search snippet only.
Hayward and Fairview FPDNot foundNot confirmed either way.

What Berkeley requires in the first five feet, and where

The ordinance draws its own boundaries. Grizzly Peak "encompasses those areas of the city east of Grizzly Peak Boulevard to the city boundary," homes fronting either side included; Panoramic is bounded by a named set of roads and the city limit to the east. Both are designated Very High by ordinance, and both descriptions are followed by street-by-street lists, which is the part to read if your address sits near an edge.

Inside them, section 604.3.2 requires everything within five feet of a structure, outbuilding, or attached deck or stairs to be kept "free of vegetative and non-vegetative combustible material," naming shrubs, ground cover, climbing vines, firewood, synthetic lawn, wood mulch, trellises, pergolas and planters. Permitted instead: "gravel, pavers, concrete, and other noncombustible materials, including bare mineral soil." Mature trees may stay if kept free of dead material and clear of the roof by six feet, chimneys by ten, and the wall by five. Small potted plants are allowed under spacing conditions.

The scope limit is the whole story for most Berkeley readers. Outside the two areas, section 604.3.1 governs the locally designated Very High zone, and it downgrades the first five feet on purpose: "Zone 0: 0-5 feet from any structure: The requirements of 604.3.1.5 (Zone 1) below apply to this zone." The City's homeowner guide says the same in plain words.

The fence rule, and where it parts company with the state

The operative text, section 604.3.2(1), subsections (d) and (e):

d. Existing fences that are directly attached to a Building or Structure shall have a five foot (5 ft) non-combustible span at the point of attachment.

i. Existing fences that are not parallel to the adjacent structure wall, and are within 5 feet of that wall, shall have a non-combustible span within the first 5 feet of the structure perpendicular to the exterior structure wall.

ii. Existing parallel fences that do not touch the structure are allowed.

e. After the effective date of this regulation, no new or replacement sections of combustible fence are permitted within 5 feet of a building or structure including an attached deck.

City of Berkeley, BMC Chapter 19.49, section 604.3.2, in force since January 1, 2026 in the Grizzly Peak and Panoramic Mitigation Areas

Berkeley does not order wholesale replacement: a wood fence running alongside the house without touching it may stay, while a wood fence bolted to the wall needs its first five feet swapped for something noncombustible. Since January 1, 2026, combustible fence cannot go back within five feet, whether the job is new work or a replacement.

That last clause is where Berkeley and the state diverge, in the direction that costs money. The statewide rule adopted August 19, 2026 bars new combustible fences in Zone 0 "whether attached or parallel to the Occupied Structure," but its LRA text also says: "Fence repairs to an existing Combustible fence may be made using Combustible replacement materials." Berkeley bans "new or replacement sections." Those are opposed provisions, and in the two mitigation areas Berkeley's is the one in force. Our fence requirements guide takes the statewide text on its own terms.

On gates, the City's homeowner guide is gentler than the code: "wooden posts attached to the house may be retained, but the first five feet of fencing on either side should be replaced with non-combustible panels." That is guidance; where it reads softer than the ordinance, the ordinance governs. Our rundown of substitutes, aluminum first, is in noncombustible fence materials, with the detail in the five-foot transition.

Want this quoted right?

We match homeowners with California fencing contractors who quote the five-foot span correctly, and document it in the wording your insurer’s form uses.

Find a Zone 0-ready contractor Free for homeowners. Doing it yourself? Kit waitlist.

Twelve fire agencies, and no countywide department

The county's own wildfire plan states it flatly: "Alameda County has twelve different entities that have direct fire protection responsibility." The list runs from the Alameda County Fire Protection Agency through the Alameda, Albany, Berkeley, Fremont, Hayward, Livermore-Pleasanton, Oakland and Piedmont departments to CAL FIRE, the East Bay Regional Parks District, and the Fairview Fire Protection District, which Hayward serves. Which one answers is a parcel-by-parcel question. The park district is a fire agency in its own right, but it holds no Zone 0 authority over private property.

That plan recommends Zone 0, and recommending is all it does: it advises that noncombustible fencing "should be used in locations where the fence is directly attached to the building." A planning document binds nobody. Our local ordinance tracker lists what does.

Inspections, citations, and the money that exists

Berkeley shrank its inspection footprint on purpose, "narrowing the annual Defensible Space Inspection area from the former Very High Fire Hazard Severity Zone (over 9,000 parcels) to the Grizzly Peak and Panoramic Mitigation areas; just under 1,400 properties." Its checklist names the work: "Replace/Remove combustible gates/fences within 5'." The City's September 2025 plan set a start date, "May 2026: Begin Zone 0 inspection cycle across mitigation areas," but no City page we could load confirms that the cycle began. Read that date as planned, not as running.

The posture is patient: the goal is "voluntary compliance, not penalization," citations start at "$100 citation for the first month (cumulative, not daily)," and the City's June 2025 plan reports 21,000 inspections and fewer than 70 citations over a three-year span. In the unincorporated county, ACFD is blunter: "Currently, no fines are being handed out," and its inspections are free at present. ACFD also confirms the disclosure that catches sellers: a defensible space report "is required for residential property sales in high or very high fire hazard severity zones."

One program in this county names fences: Berkeley's Home Hardening Tax Rebate, which lists among eligible costs "Remove or replace combustible fences and gates from the area within five feet of the building." It rebates city transfer tax, so it pays only on a sale, and only after five further conditions, among them a sale under $3,000,000, a Class A roof replacing a wood shake roof, and a passed Fire Department inspection. The page also contradicts itself on whether the building needs two or more residential units, so confirm with the Fire Department's WUI Division first. If you are staying put it does not reach you. Berkeley's mesh program covers vents, gutters and decks, and its resident assistance program says in terms that it does not remove fencing or gates. See our guide to who pays.

Claims we could not verify

  • Whether the ACFD's May 2025 hazard-zone ordinance was adopted, and its number. The board letter and draft are primary and loaded, but the draft is unnumbered and no adoption notice was found.
  • Fremont's ordinance. Reported in a search snippet as Ordinance 10-2025, adopted July 15, 2025. Every element is unverified, including the claim that Fremont expanded its zone.
  • Whether Hayward or Fairview FPD adopted the 2025 maps. Hayward's page solicits comment and announces no adoption. Not found either way.
  • Whether Berkeley's Zone 0 inspection cycle actually began. The City's own plan set May 2026 for inspections across the mitigation areas. No City page confirms a start.
  • Whether Oakland has since adopted, or is drafting, a Zone 0 rule. We searched its June 2025 ordinance and staff report for "zone 0," "fence," and "ember" with no substantive hit, and the city's defensible space pages block retrieval. That is "not found," not "Oakland rejected Zone 0."
  • Berkeley's codified Chapter 19.49. Every quotation here comes from the adopting ordinance, the enacted instrument; the codified version could not be loaded to cross-check.
  • One claim we discard outright: that Alameda County has no Very High zone in the LRA at all. Primary sources contradict it directly.

What this means for you

  • Find your boundary before you price anything. In Berkeley the question is not "am I in the hills" but "am I inside the Grizzly Peak or Panoramic Mitigation Area." Start with our address lookup walkthrough.
  • Inside those two areas, treat replacement as the trigger. An attached wood fence needs a five-foot noncombustible span at the house, and a parallel fence that does not touch may stay. Once you replace a section within five feet, it cannot go back in wood.
  • Everywhere else in the county, we found no rule requiring a noncombustible fence today. Not the county plan, not Oakland's ordinance, not Piedmont's. Use the runway: walk your first five feet with our self-assessment and the checklist.
  • Selling in a High or Very High zone? The defensible space disclosure applies now, separately from Zone 0.
  • Do not budget around a rebate you cannot claim. The one county program naming fences pays out on a sale, after a passed inspection and a roof replacement.

Frequently asked questions

Is Zone 0 required anywhere in Alameda County right now?

Yes, in two areas of Berkeley. The Grizzly Peak and Panoramic Mitigation Areas have been subject to Berkeley's Zone 0 section since January 1, 2026, covering just under 1,400 properties. We found no other adopted Zone 0 rule in the county, and the statewide regulation is not yet in effect.

I live in the Berkeley hills but outside those two areas. Does the fence rule apply to me?

Not today. Berkeley applies section 604.3.1 in the rest of its Very High zone, and that section sends the first five feet to Zone 1 treatment rather than Zone 0.

Do I have to tear out my wood fence in the mitigation areas?

No. A fence running parallel to the house that does not touch it is expressly allowed, and an attached fence needs a five-foot noncombustible span at the point of attachment. What you cannot do is install new or replacement combustible sections within five feet.

Is Berkeley's rule the same as the state's?

No, and the difference matters. Berkeley bans new or replacement combustible fence sections within five feet, while the statewide rule adopted August 19, 2026, and not yet in effect, allows repairs to a combustible fence using combustible materials. Inside the two Berkeley areas, the city ordinance governs.

Sources