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Burbank Brush Clearance Rules: The 200-Foot Zone, the $46 Inspection and AB 38 at Sale

Burbank requires owners in its fire hazard severity zones to clear vegetation for 200 feet around a building, twice the 100 feet state law sets for very high zones. Since January 1, 2026 the rule sits in BMC 9-1-7-604.3.1, part of the city's Wildland-Urban Interface Code. Very high zone owners pay a $46 annual brush inspection. A seller in a high or very high zone also owes the buyer an AB 38 defensible space report. A separate AB 38 inspection costs $46, though a recent annual inspection report can sometimes be used instead.

Which Burbank homes are in a fire hazard severity zone?

The map comes from the state, and the city adopts it. The Office of the State Fire Marshal released updated local responsibility area maps covering Burbank on March 24, 2025, and a Burbank Fire Department staff report dated June 3, 2025 presented an ordinance setting very high, high and moderate zones in the city's local responsibility area to match them. The ordinance was introduced on May 20, 2025. State law gives cities 120 days to designate the zones by ordinance, under Government Code section 51179, and lets a city raise a zone's level but never lower one.

The three levels matter for a sale. AB 38 reaches high zones too, while the annual inspection program covers the very high zone. To check one address, use the state's fire hazard severity zone viewer. The zone will also appear in the natural hazard disclosure the seller delivers.

The code section moved on January 1, 2026

Burbank readopted its building and fire codes in Ordinance No. 25-4,034, effective January 1, 2026. The fire zone rules now live in Title 9, Chapter 1, Article 7 of the Burbank Municipal Code:

  • BMC 9-1-7-302.1.1 establishes the Burbank Fire Hazard Severity Zones in three levels, shown on a map kept in the Office of the Fire Official. Future state map changes can be adopted by City Council resolution, as the code puts it.
  • BMC 9-1-7-604.3.1 lists the clearance rules.
  • BMC 9-1-7-604.3.2 covers enforcement, including citation and abatement by a city contractor at the owner's expense.

The city's program FAQ and the footnote in the FY 2026-27 fee schedule still cite BMC 9-1-9-304.1.2.2. In the code as published today, the nearby section 9-1-9-304.1.2.1 is a general premises maintenance rule, and the brush standards are in Article 7. A seller or buyer reading a notice should look up the Article 7 sections.

What the 200-foot rule requires

The table summarizes BMC 9-1-7-604.3.1, with one cell taken from the city's program guidelines as marked. Distances run from a building or structure on the property or on adjacent property.

Rule 0 to 100 feet 100 to 200 feet
Weeds and low vegetation 3 inches high or less Native brush reduced by 50%
Dead trees Remove Remove (program guidelines)
Native shrubs Trimmed up one third, no more than 216 cubic feet, spaced at least three times their diameter and never less than 18 feet from other shrubs or buildings Sumac thinned "leopard spot style"
Trees 18 feet or taller No foliage within 6 feet of the ground Not separately listed
Cut material Remove or dispose of safely May be left chipped up to 6 inches deep

The same section adds rules that are easy to miss near the house:

  • Trim any part of a tree within 10 feet of a chimney or stovepipe outlet.
  • Keep 5 feet of vertical clearance between a roof and overhanging branches.
  • Remove dead palm fronds on every palm.
  • Keep vegetation within 10 feet of a combustible fence, driveway or street at 3 inches or less.

State law sets the floor. Government Code section 51182 requires 100 feet of defensible space in a very high zone, and says a greater distance may be required by local ordinance. Fuel modification beyond the property line can be required only to keep 100 feet around a structure, and work on a neighbor's land needs that neighbor's written consent. Burbank's second 100 feet relies on the local ordinance authority, so in practice it applies within the owner's own lot.

The city's FAQ says Burbank is not yet enforcing the separate 0 to 5 foot ember-resistant zone created by AB 3074 until the state clarifies it. That statement is the city's own wording as of October 2026 and can change.

The annual inspection calendar

The Fire Hazard Reduction Program page describes the cycle. Letters go out in May, clearance is due in June, and inspections of very high zone properties start in July. The FAQ adds that inspectors look at the outside of the property, so most owners do not need to be home. A Violation Notice gives about 30 calendar days to correct.

Two city documents describe the June deadline differently. The program page says clearance must be finished by the end of June. The FY 2026-27 adopted fee schedule names "the June 1 deadline" in Article V, Section 3. Treat June 1 as the working deadline.

The fee schedule sets the money side:

Fee, Article V Section 3 Amount
Brush inspection in hazard zone $46 each
Missed deadline, first notice $0
Missed deadline, second notice $280
Missed deadline, third notice $560
AB 38 inspection $46 each

A footnote to the third notice says owners who still have not complied are subject to prosecution by the City Attorney, with further fines, restitution and possible incarceration. The FAQ says the inspection fee was approved by the City Council and is meant to be cost-neutral.

What AB 38 adds when a Burbank home is sold

Civil Code section 1102.19 requires a seller of property in a high or very high zone to give the buyer documentation that the property complies with defensible space rules. Burbank's AB 38 page explains the local route. After a request, an inspector contacts the requester within 2 to 3 business days to schedule the inspection, which can take 7 to 10 days to complete. A passing property gets a Defensible Space Inspection Compliance Report. A failing one gets a deficiency report listing corrections.

The same page says the annual Fire Hazard Reduction Program inspection report can serve as the AB 38 compliance report if it is dated within six months of the sales contract. A very high zone seller with a recent annual report may not need a separate $46 AB 38 inspection.

The page also says the seller must provide the report "within one year of escrow." The statute sets the windows differently. The six-month window applies to the seller's documentation under subdivision (a)(2). The one-year window belongs to the buyer, who must get documentation within one year of closing if the seller did not and the two signed a written agreement under subdivision (b)(2). For a listing, plan on a report dated within six months of the purchase contract.

If the seller cannot finish the corrections, the city page and the statute both point to a written agreement in which the buyer takes on the work. Subdivision (c) keeps the city's enforcement power in place during that time, so in a very high zone the July inspection can still reach the new owner.

For a house built before 2010, the seller also owes the separate home hardening notice under Civil Code section 1102.6f, which since July 1, 2025 includes the state's list of low-cost retrofits.

How Burbank compares with Glendale

Glendale's standards allow clearance of up to 200 feet in high hazard areas, while Burbank's code sets 200 feet as the rule. Both cities run AB 38 inspections. The fees differ. Glendale charges $115 for the sale inspection and bills a separate $115 annual program fee, as set out in the Glendale AB 38 guide. Burbank's two charges are $46 each in the FY 2026-27 schedule.

A sale timeline for a Burbank hillside home

Check the zone on the state viewer before listing. If the parcel is in a high or very high zone, schedule the AB 38 inspection once clearance is done, and keep the report with the disclosure package described on the seller's page. A listing in May or June overlaps the city's own clearance cycle, so the work serves both. Hillside lots also carry the permit rules in the Burbank hillside development guide.

Q: Does a Burbank seller in the high zone pay the annual $46 brush fee?

The FAQ says annual inspections apply in the very high zone, and the program letters go to very high zone properties. The AB 38 inspection is the charge a high zone seller should expect.

Q: Can a buyer take over the clearance after closing?

Yes, with a written agreement under section 1102.19(b). Price the work into the offer, which is part of the review on the buyer's page, and ask for a home valuation that reflects the cost on a large hillside lot.

This article is general information drawn from the Burbank Municipal Code, City of Burbank publications and the California Civil and Government Codes, not legal advice. Fees, maps and inspection procedures change. Confirm current requirements with the Burbank Fire Department before relying on any figure. Call Alla at (818) 699-5367 or use the enquiry form.


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