California State and Local Wildfire Legal Resource Guide: Summary of Emergency Executive Orders

For projects to repair, restore, demolish or replace property or facilities substantially damaged or destroyed by the fires, the governor suspended the California Environmental Quality Act (CEQA), CEQA regulations and “[a]ny requirement to obtain a permit under the California Coastal Act,” subject to specific conditions. Projects are exempt only if the proposed facilities are in “substantially the same location as, and do not exceed 110% of the footprint and height of, properties and facilities that were legally established and existed immediately before this emergency.” [Executive Order N-4-25, Paragraphs 1-2.] This CEQA and Coastal Act permitting suspension also extends to projects that include the construction of a new accessory dwelling unit (ADU) that did not exist. The prohibition on issuing an ADU certificate of occupancy prior to the primary dwelling certificate of occupancy being issued is temporally suspended. [Executive Order N-4-25, Paragraphs 2-3]

 

The governor also suspended, “to the extent necessary for expediting the removal and cleanup of debris from this emergency,” state statutes, rules and regulations that fall within the jurisdictions of the California Environmental Protection Agency and the California Natural Resources Agency. Individuals/entities wanting to conduct activities under this suspension must obtain  approval from the Secretary of the California Environmental Protection Agency, the Secretary of the California Natural Resources Agency or their designee that their proposed conduct is eligible under the suspension. In making this determination, the secretaries must “use sound discretion … to ensure that the suspension serves the purpose of accelerating cleanup and recovery, while at the same time protecting public health and the environment. All activities performed under the suspension of these statutes and regulations must adhere to the State Environmental Protection Plan, or a comparable plan describing how such actions will balance expeditious fire recovery and environmental protection.” [Executive Order N-2-25, Paragraphs 5-7.]

 

Newsom vested the Federal Emergency Management Agency (FEMA) and the U.S. Environmental Protection Agency with full authority to provide mutual aid in any affected areas. The agencies have the authority to enter private property in L.A. County to remove debris and conduct testing to mitigate hazards. [Executive Order N-8-25.]

 

In tandem with the California Office of Emergency Services, Bass directed the five bureaus of the Board of Public Works to establish a Debris Removal Task Force to develop a comprehensive and streamlined program for debris removal. The Mayor’s Office will also designate a Debris Manager to coordinate debris removal and disposal operations across all levels of government. [L.A. Emergency Executive Order, Paragraph 2.] 

 

Newsom further directed the Office of Emergency Services, in consultation with the California Environmental Protection Agency, to engage with the County of Los Angeles; the cities of Los Angeles, Malibu, Pasadena and Sierra Madre; other impacted communities; and FEMA to develop a comprehensive plan for expeditiously removing debris as quickly as possible. The plan must include a process for “prompt execution of contracts with debris removal vendors with a proven track record of successfully delivering services on a timely and cost-effective basis.” [Executive Order N-5-25, Paragraph 1.]

The California Department of Housing and Community Development (HCD), the Office of Land Use and Climate Innovation, the Office of Emergency Services, and the Department of General Services (DGS) will provide a report to the governor identifying other California permitting requirements that could impede rebuilding that may need to be suspended. That report will be updated every 60 days. HCD, in consultation with DGS, the Office of the State Fire Marshal and the California Energy Commission, will provide the governor a report within 60 days on recommendations regarding portions of the California Building Standards Code that should be suspended to facilitate rebuilding in a safe and rapid manner. HCD will work with local governments to identify and recommend procedures “to establish rapid permitting and approval processes to expedite the reconstruction or replacement of residential properties.” The goal for these procedures is to issue all necessary permits and approvals within 30 days. HCD will provide periodic reports to the governor “identifying recommended updates to local government procedures.” [Executive Order N-4-25, Paragraphs 4-6.] The governor tasked several state agencies with working with L.A. County and other impacted municipalities to develop a comprehensive plan for intermediate long-term housing for displaced residents. [Executive Order N-9-25, Paragraph 1]. Newsom waived any fees for permits to operate employee housing facilities for facilities housing displaced persons. [Executive Order N-9-25, Paragraph 10].

 

Newsom also authorized the Office of Emergency Services to immediately use all fairgrounds, without fairground board of director’s approval, to assist individuals impacted by the emergency. [Executive Order N-9-25, Paragraph 11].

Bass ordered all city departments to complete initial building permitting reviews for reconstruction of destroyed/substantially damaged properties within 30 days following a completed application. Such applications are subject to the California Coastal Act if applicable. Further, she directed several L.A. city agencies to participate in a disaster recovery permitting center. The center will be located in the impacted burn areas with representatives from the Department of City Planning, Department of Building and Safety, Department of Recreation and Parks, Department of Transportation, Department of Water and Power, Department of Public Works, the Los Angeles Fire Department, and the Los Angeles Housing Department. These agencies are also directed to establish development services and a building permit unified task force to remove any roadblocks to reconstruction. [L.A. Emergency Executive Order, Paragraph B 1-3.]

Bass ordered streamlined approval for “eligible projects.” An eligible project is defined as a “structure or facility to be repaired, restored, demolished, or replaced in substantially the same location as it existed immediately prior to the [w]ildfires.” The structure may not exceed 110% of the floor area or height of the structure that existed before the emergency. The project must have the same use as it did before the wildfire. For example, a residential project cannot become a commercial project, nor can the project increase in density. The project must obtain reconstruction/repair permits within seven years of the Emergency Executive Order, and the work must be finished within three years of obtaining building permits. [L.A. Emergency Executive Order, Paragraph B 4.]

Generally, eligible projects do not need demolition permits if the applicant supplies Building and Safety through an online portal with the documentation specified by Building and Safety. Removing a deep or a step foundation or a retaining wall requires review by Building and Safety to ensure the removal does not worsen safety risks. All demolitions must still comply with all laws and regulations governing waste disposal. [L.A. Emergency Executive Order, Paragraph B 6.]

Eligible projects will be deemed exempt from L.A.’s discretionary review process, and city departments are directed to review eligible project applications under a streamlined ministerial review process. Haul route approvals must be approved ministerially. [L.A. Emergency Executive Order, Paragraph B 5.] Eligible projects in the Coastal Zone will be exempt from the requirements of a coastal development permit per Coastal Act Section 30610(g). Some nonconforming use rules are also relaxed under the order, provided the eligible project meets certain additional criteria. [L.A. Emergency Executive Order, Paragraph B 5a.]

For up to three years or while a property has an active building permit, recreational/mobile vehicles, tiny homes or modular structures are permitted on a rebuilding project site. Property owners are also permitted to have a storage unit or shed for up to three years. [L.A. Emergency Executive Order, Paragraph B 8.]

Newsom also issued several orders suspending regulations governing the use of mobile homes or manufactured homes for individuals displaced by the disaster. These orders include a suspension of several fees as well as a suspension local mobile home ordinances within L.A. County that are authorized by California statutes. [Executive Order N-9-25, Paragraphs 4-9].

Bass also created an interdepartmental task force to help existing multifamily residential projects near completion obtain their temporary certificate of occupancy expeditiously. [L.A. Emergency Executive Order, Paragraph B 8.] The task force is directed to contact project applicants to assist proactively. Building and Safety must issue guidelines for implementing this multifamily provision by Jan. 23, 2025. [L.A. Emergency Executive Order, Paragraph B 8]. By Jan. 28, 2025, Building and Safety must also provide a report on what permit reviews could be undertaken as a self-certification procedure by a licensed project architect. Such a process would apply only to eligible projects reconstructing single-family homes. [L.A. Emergency Executive Order, Paragraph B 9.] 

Finally, Building and Safety and City Planning, within 10 days of safe access, will identify all properties with a “historic” designation. The Planning Department will publish a list of the properties and will determine the next steps for the historic properties. [L.A. Emergency Executive Order, Paragraph B 7.]

Land Speculation

For at least until April 14, 2025, the governor prohibited certain unsolicited offers to purchase or acquire an interest in real property to owners in specific ZIP codes impacted by the fire. Any unsolicited offer must be equal to or greater than the property’s fair market value or interest in the property as of Jan. 6, 2025. [Executive Order N-7-25, Paragraph 1.]  The fair market value executive order covers: 90019, 90041, 90049, 90066, 90265, 90272, 90290, 90402, 91001, 91040, 91104, 91106, 91107, 93535 and 93536.

The California Department of Real Estate is directed to determine any unlawful or unfair practices employed by any entity/individual “seeking to take advantage of property owners in the wake of this emergency.” [Executive Order N-7-25, Paragraph 2.] The Department of Real Estate must provide public notice of findings of unlawful or unfair practices. 

The governor’s land speculation executive order explicitly notes that “any person who violates, or refuses or willfully neglects to obey, any lawful order or regulation issued pursuant to the California Emergency Services Act can be convicted of a misdemeanor.” [Executive Order N-7-25, Preamble.]

Tax Relief

L.A. County taxpayers were granted various federal and California tax postponements up to Oct. 15, 2025. 

The IRS postponement includes:

• Individual income tax returns and payments normally due on April 15, 2025.
• 2024 contributions to IRAs and health savings accounts for eligible taxpayers.
• 2024 quarterly estimated income tax payments normally due on Jan. 15, 2025, and estimated tax payments normally due on April 15, June 16 and Sept. 15, 2025.
• Quarterly payroll and excise tax returns normally due on Jan. 31, April 30 and July 31, 2025.
• Calendar-year partnership and S corporation returns normally due on March 17, 2025.
• Calendar-year corporation and fiduciary returns and payments normally due on April 15, 2025.
• Calendar-year tax-exempt organization returns normally due on May 15, 2025.

The California tax postponement includes: 

• Individuals whose tax returns and payments are normally due on April 15, 2025.
• Quarterly estimated tax payments normally due on Jan. 15, April 15, June 15 and Sept. 15, 2025.
• Business entities whose corporate or pass-through entity tax returns are normally due on March 15 and April 15, 2025.
• Pass-through entity (PTE) elective tax payments normally due on March 15 and June 15, 2025.
• Tax-exempt organization returns normally due on May 15, 2025.

Price Gouging

For L.A. County, Newsom extended the state’s price gouging laws till Jan. 7, 2026. The laws restrict price gouging for “building materials, housing and storage services, emergency supplies, and repair, reconstruction, and emergency clean-up services when a state of emergency is proclaimed.” [Executive Order N-4-25, Paragraph 3.] The governor also extended the penal code’s price gouging statutes for hotel/motel rates, rental housing, and prohibiting eviction of a residential tenant and re-letting at a higher price until March 8, 2025 for L.A. County. [Executive Order N-9-25, Paragraph 13.]

Public Contracting Code

The governor suspended some provisions of the “Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements” for state agencies to the extent necessary to address the emergency. [Emergency Proclamation, Paragraph 3.] 

Flooding

The Office of Emergency Services, the Department of Water Resources, the California Geological Survey, the California Conservation Corps, the California Department of Fire and Forestry, the State Water Resources Control Board, and the California Department of Fish and Wildlife must develop a plan to mitigate the risks of flash floods, mudslides and debris flows in the “burn scar” areas created by the fires. These agencies must respond promptly to any such flooding or mudslides if significant winter storms impact the Los Angeles area. [Executive Order N-5-25, Paragraph 5.]

Bass similarly directed the five bureaus of the Board of Public Works to create a Watershed Hazards Task Force to conduct post-fire debris-flow hazard assessments to mitigate the risks of flash floods, mudslides and debris flows in response to rain events. This task force will evaluate and recommend mitigation measures to protect infrastructure and implement emergency measures as necessary. The task force will make recommendations to protect infrastructure and implement emergency measures. [L.A. Emergency Executive Order, Paragraph 3.]

Fees and Unemployment

For individuals who cannot comply due to the emergency, Newsom also waived (1) the one-week waiting period for unemployment insurance applicants; (2) fees related to the replacement of driver licenses, identification cards or registration stickers; (3) the timely registration or transfer of title of a vehicle; and (4) required fees regarding copies of birth, death or marriage records. [Executive Order N-2-25, Paragraphs 2-4.]

Unemployment and Social Programs

The governor waived the one-week waiting period for unemployment insurance applicants. [Executive Order N-2-25, Paragraph 1.] He also relaxed some requirements for local agencies that contract with the California Department of Social Services to operate alternative payment programs; migrant alternative payment programs; CalWORKs Stages 1, 2 and 3 programs; emergency child care bridge programs; or family child care home education network programs. [Executive Order N-2-25, Paragraph 1.] Under the order, child development agencies may now “be reimbursed for approvable startup costs in an amount in excess of 15 percent of the agency’s total contract amount … even if the startup costs are not used to expand or increase the impacted contractor’s total contract amount.” [Executive Order N-3-25, Paragraph 9.]

Licensing

Newsom's 2025 fire orders empower (1) the Secretary of the California Department of Social Services to waive certain registration and licensing requirements for impacted adult and senior care facilities, child care facilities, children’s residential facilities, resource family homes, and home care organizations and (2) the Director of the Department of Health Care Services to waive specific registration and licensing requirements for impacted behavioral health programs, including drug and alcohol treatment facilities. Any waivers granted will be in effect for only as “long as necessary to address the direct impacts of this emergency in Los Angeles County.” [Executive Order N-2-25, Paragraphs 9-10.] Subject to the approval of the Director of the Emergency Medical Services Authority for medical personnel or the Director of the Office of Emergency Services for non-medical personnel, certain out-of-state emergency and medical personnel will be deemed licensed/certified to provide services for the duration of the emergency. The order suspends some of the regulations pertaining to private fire prevention resources. [Executive Order N-3-25, Paragraphs 2-3.]

Education

The governor issued several orders relating to the continuing education of displaced students. The governor suspended the class size requirements for transitional kindergarten through 8th grade for school districts, county offices of education and charter schools (local educational agencies) impacted by the wildfires. He also suspended residency requirements for students who were attending schools in L.A. County and were impacted by the emergency. All local educational agencies are urged to facilitate enrollment of displaced students. [Executive Order N-6-25, Paragraphs 4-5.] The governor also extended several educational reporting and assessment deadlines. [Executive Order N-3-25, Paragraphs 5-6.] 

Resource

The state of California launched CA.gov/LAfires and the city of L.A. published https://emergency.lacity.gov/recovery to support wildfire survivors with resources and information detailing how to apply for federal assistance. L.A. County also created a website providing information on resources specifically for workers and businesses.