Fire debris clearance: How to decide between the U.S. Army Corps and private contractors

Los Angeles County property owners have until April 15 to enroll in the government-run debris clearance program for the Eaton and Palisades fires.

The owners of more than 9,600 properties — more than 70% of the properties eligible for debris clearance — have submitted paperwork to opt in to the U.S. Army Corps of Engineers program, according to the latest data from L.A. County.

The owners of another 1,031 properties said they were opting out and hiring private contractors. That leaves more than 2,900 homeowners who haven’t signaled which option they will choose.

“Some of my clients have been riding the deadline,” said Denise Sze, an attorney who is the president of the Pacific Coast Assn. of Public Insurance Adjusters, a trade organization for public adjusters. She said homeowners are still weighing which option would make more financial sense, in part because quotes for private debris removal have risen significantly.

When in doubt, opt in

Government officials and insurance experts agree: Anyone still weighing their options should submit a right-of-entry form and opt in.

Opting in to the Army Corps program isn’t binding. Homeowners can still change their minds and withdraw later if they want to hire a private contractor. But the Army Corps will not accept new enrollments after April 15, a two-week extension of the original deadline of March 31.

“If I wasn’t sure, I’d opt in and buy yourself some time,” said Malibu Mayor Doug Stewart.

What does the Army Corps remove? What is left behind?

The Army Corps has said its engineers and contractors will walk through the property with the homeowner before starting the debris clearance, but that generally, crews remove almost everything in what’s called the “ash footprint,” or the area where burned debris settled after the fire.

That includes any structures left standing, such as walls and chimneys, as well as burned appliances and cars. Crews may also remove some hardscaping, such as sidewalk pavers and driveway segments, where ash and debris fell.

Homeowners can ask the Army Corps to remove their foundations. Experts generally recommend having the foundation taken out because high temperatures can weaken concrete, and because older foundations may not be approved during the rebuilding process because building codes have changed.

The corps will scrape off up to six inches of soil from the burn area, but will not provide soil testing.

Army Corps crews will cut down trees that have died or are at risk of dying in the next five years, but will not remove the stumps. Homeowners can submit a waiver to keep trees, but must acknowledge that leaving them standing “may impact my ability to obtain a permit or rebuild.”

Retaining walls that are needed to stabilize the property or the neighborhood also won’t be removed, posing a financial problem for some homeowners whose insurance does not cover them.

The Army Corps crews will not remove pools, most driveways, and patios or sidewalks that are outside the ash footprint.

How much does the Army Corps cleanup cost?

Homeowners are not supposed to pay out of pocket for the government cleanup.

Those who submit a right-of-entry form must include their insurance information. Los Angeles County will eventually work to recoup any money left in a homeowner’s insurance policy for debris removal.

If the cost of cleaning up a property exceeds the policyholder’s debris removal coverage, the owner would “not be liable for any further costs,” Ricardo Lara, California’s insurance commissioner, told insurers in a memo in January.

Why go with private contractors?

Many homeowners can’t afford private debris clearance because they just don’t have enough debris removal coverage in their insurance policies. But for those who have higher coverage limits, Sze said, private contractors can offer more flexibility.

“It will be a more precise experience,” Sze said. “There’s a certain modicum of control you’re going to have if you do it yourself.”

Sze said homeowners are wavering on private options because quotes are rising rapidly. She said that’s in part because private contractors are paying extra fees to dispose of fire debris that contain toxins.

Private clearance also makes sense for some homeowners with more unusual requests. Sze said she had one client in the Palisades who is asking his contractors to search through the remains of his home for precious metals, which would still retain some value, even if melted.

Which option is faster?

Properties are already being cleared by the Army Corps and by private companies.

The Army Corps is tracking its progress online. As of Friday, 949 homes have been cleared, up from 906 on Thursday and 856 on Wednesday. That pace is expected to pick up as more crews join the cleanup effort. The Army Corps expects to clear 3,000 properties by the end of May.

The Army Corps is not clearing properties in the order that homeowners sign up, but is instead trying to group nearby properties together. Officials have encouraged homeowners to work with their neighbors to sign everyone up together.

Los Angeles County Supervisor Lindsey Horvath pointed to a stretch of 60 homes along the beach in Malibu, where every property owner notified the county about their plans to opt in or opt out.

The Army Corps scheduled debris clearance for all the homes at the same time, and installed K rail to block off a lane of the Pacific Coast Highway, allowing debris trucks and heavy equipment to access the properties without blocking traffic.

What if I live in a condo, duplex or apartment building?

Some types of multifamily housing, including most condo buildings, are now eligible for the Army Corps cleanup. The Federal Emergency Management Administration broadened the eligibility requirements at the end of March.

Any residential property with at least one owner-occupied unit is eligible for the federal cleanup, said Robert Fenton, FEMA’s Region 9 administrator, in a letter to Gov. Gavin Newsom’s Office of Emergency Services.

In order for duplexes, townhomes and condos to be considered, county officials must receive a right-of-entry form from every owner of a destroyed unit, as well as from the homeowners association, FEMA said.

Buildings that are entirely rented out to tenants are generally not eligible for the federal debris cleanup program. FEMA said that those apartment building owners are expected to “use their insurance and hire a licensed contractor to conduct debris removal.”

Apartment building owners can still apply for the Army Corps’ cleanup, but their eligibility will be determined on a case-by-case basis, Fenton said. Those property owners would need to include a justification for using federal funds on their cleanup, Fenton said. That could include the debris on the property posing an immediate threat to public health and safety, or the removal of the debris having an economic impact on the community.

Los Angeles County Supervisor Linsdey Horvath, whose Westside district includes Malibu and the Palisades, said the county is continuing to advocate for the inclusion of nonprofits, churches, mobile home parks and commercial properties in the federal debris clearance program.

Anyone who is not sure whether their property is eligible should submit a right-of-entry form, county officials say.