ExecutiveOrdersEO
EO 13728Executive OrderObama · D

Executive Order 13728

Wildland-Urban Interface Federal Risk Mitigation

This executive order directs federal agencies to strengthen wildfire resilience for federal buildings located in the wildland-urban interface at moderate or greater wildfire risk. It mandates compliance with the 2015 International Wildland-Urban Interface Code for new and altered buildings above 5,000 square feet, with implementing guidelines due within 240 days.

Federal Register Open PDF 81 FR 32223

Impact dates

  1. Determination of new IWUIC version as nationally recognized code

  2. First biennial report to MitFLG Chair due

  3. MitFLG implementing guidelines due

  4. Existing building alteration IWUIC compliance begins (90 days after guidelines completion)

Key directives

  • MitFLG to create implementing guidelines within 240 days of EO date
  • Agencies must ensure new federal buildings >5,000 sq ft in WUI at moderate+ risk comply with 2015 IWUIC or equivalent, commencing within 90 days of guidelines completion
  • Agencies must ensure alterations to existing federal buildings >5,000 sq ft in WUI at moderate+ risk comply with IWUIC, commencing within 90 days of guidelines completion
  • Agency heads must complete wildfire risk assessments of existing covered buildings
  • Biennial reports to MitFLG Chair commencing 2 years from EO date
  • Determination of new IWUIC versions as nationally recognized codes within 2 years of release
  • Use USDA Forest Service 2010 WUI map or equivalent tool for location determinations

Who is ordered

Timeline

Immediate

  • EO signing and policy announcement

Near term (90d)

  • MitFLG implementing guidelines due by January 14, 2017

Long term

  • Code compliance for new/altered buildings begins 90 days after guidelines completion
  • First biennial reports due May 18, 2018
  • Ongoing IWUIC version updates and determinations

Risks & tensions

  • Actual compliance start date is uncertain because it depends on when MitFLG completes guidelines, not a fixed calendar date
  • Strong encouragement language in sections 2(c), 2(d), 2(e), 2(f) creates weaker obligations than mandatory terms in 2(a) and 2(b)
  • Section 2(i) 'maximum extent feasible' qualifier may allow agencies significant discretion to avoid compliance
  • Subject to availability of appropriations may limit implementation if funding is not provided
  • Biennial reporting requirement lacks specified content or enforcement mechanism
Executive Order 13728: Wildland-Urban Interface Federal Risk Mitigation · Executive Orders