El Saler, the tourist enclave of València surrounded by nature and camps evacuated due to the fire

In the Valencian Community, the escalation of the Special Plan against the Risk of Forest Fires to situation 2 is supported by the general civil protection framework and the regional forestry regulations, although the specific decree approving the special plan is not identified separately in the consulted sources. Nevertheless, based on Valencian laws and the state civil protection planning, the structure of bodies, technical procedures, and effects of this decision can be described with considerable precision.

1. Regulatory framework of reference

• The Law 3/1993, of December 9, Forestry of the Valencian Community (partially amended by Law 13/2018) assigns to the Generalitat the planning, coordination, and execution of prevention and firefighting measures against forest fires, including the approval of prevention plans by demarcations and agreements with municipalities for surveillance, infrastructures, and forest volunteering. Text in BOE: Law 3/1993.
• The Regulation of Law 3/1993, approved by Decree 91/2023, of June 22, of the Consell, extensively develops prevention, infrastructures, and forest management, with multiple references to forest fire prevention, although the specific articles on emergency levels are not identified in the consulted excerpts. Text in DOGV: Decree 91/2023.
• The Law 4/2017, of the Valencian Agency for Security and Emergency Response (AVSRE), assigns to this agency, among others, the functions of managing the Emergency Coordination Center, managing forest fire extinguishing, and coordinating the services involved in emergencies, as well as preparing the Territorial Civil Protection Plan and special plans (Law 4/2017).
• At the state level, the Basic Civil Protection Standard (Royal Decree 524/2023, which partially updates Royal Decree 893/2013) and the State Civil Protection Plan for Forest Fire Emergencies, published by Resolution of November 7, 2014 (State Plan 2014), establish the classification of situations and the coordination framework between the State and autonomous communities.

2. Authorities and bodies involved

Based on this, the decision-making structure to escalate to situation 2 in the Valencian Community is, in summary, as follows:

• Political and civil protection direction: corresponds to the Generalitat, within its exclusive competencies in civil protection and public safety (articles 49 and 55 of the Statute of Autonomy and development in Law 13/2010 on civil protection and emergency management, cited in the preamble of Law 4/2017).
• Valencian Agency for Security and Emergency Response (AVSRE): is the specialized entity that directs and manages the Generalitat's policies on security and emergencies, manages the Emergency Coordination Center and forest fire extinguishing, prepares special plans, and coordinates operational services (firefighters, forest units, security forces, etc.).
• Emergency Coordination Center of the Valencian Community (CCE): body attached to AVSRE that receives alerts, centralizes operational information, initially classifies the incident, and formulates proposals for declaration and change of situation to the plan director and the competent authority.
• Special Plan Direction: usually a senior official of the Generalitat designated in the plan itself (for example, the head of the department competent in emergencies or the AVSRE director), who submits the proposal to declare situation 2 to the political authority (councilor or, in case of severity, the Presidency of the Consell).

3. Procedures for declaring situation 2

In the absence of specific articles in the Special Plan decree, the procedure follows the general scheme of civil protection plans:

• 1) Detection and monitoring of the fire by surveillance services, forest firefighters, 112, and other means, with registration in the CCE.
• 2) Technical assessment in the CCE, with participation of forest firefighter commanders, forestry and civil protection technicians, simultaneously evaluating: extent and spread speed, potential impact on people and property, environmental effects, and weather forecast.
• 3) Proposal for classification of the situation according to the levels foreseen in the Special Plan and consistent with the State Plan. Situation 2 usually corresponds to fires that:
  • exceed the ordinary response capacity at local and supramunicipal levels,
  • require extraordinary means from the Valencian Community and significant support from state resources,
  • have possible supra-regional impact or affect critical infrastructures.
• 4) Submission of the proposal for situation 2 by the plan direction, based on reports from the CCE and operational commanders.
• 5) Formal declaration of situation 2 by the competent authority of the Generalitat (as determined by the plan and Law 13/2010): usually by resolution or agreement recorded in the CCE and immediately communicated to the Government Delegation and the State Directorate General of Civil Protection and Emergencies.

4. Effects of situation 2 and relation with the State

The escalation to situation 2 mainly has effects of coordination and reinforcement of resources:

• It allows formally requesting extraordinary state resources (UME, additional state aerial means, Security Forces, etc.), under the terms established in the State Forest Fire Plan.
• It strengthens the role of the Emergency Coordination Center as a coordination node between Generalitat, provincial fire services, municipalities, Government Delegation, and other bodies.
• It maintains, in principle, the emergency command in the hands of the Generalitat, although integrating state resources into the regional operational structure, unless, due to extreme severity, the state level is activated, implying command assumption by the State according to the Basic Civil Protection Standard.
• It fully activates the participation of the AVSRE in coordinating all involved services and in planning the post-emergency phase (functions included in the central articles of Law 4/2017).

In summary, the decision to escalate the Special Plan to situation 2 in the Valencian Community is a political-regional decision based on a technical proposal from the CCE and plan direction, framed within Valencian forestry and civil protection legislation and fully coordinated with the State Civil Protection Plan for forest fires, which regulates the support and possible intervention of the State.

In emergencies such as forest fires, competencies are divided into three levels: State (basic framework), Generalitat (direction and coordination in Catalonia), and municipality (proximity management, with CECOPAL as the local operational center). In Catalonia, this division is mainly established by Law 17/2015 of the National Civil Protection System and by Law 4/1997, on civil protection of Catalonia, as well as the PROCICAT, INFOCAT plans, and municipal plans.

General framework: Law 17/2015 and National Civil Protection System

Law 17/2015 configures civil protection as a public service based on the cycle of forecasting, prevention, planning, intervention, and recovery. The State sets the basic regulations and the Basic Civil Protection Standard; autonomous communities and local entities develop their own organization, services, and plans.

This law distinguishes:

• Territorial plans at autonomous and local levels, covering all risks in a territory.
• Special plans for specific risks (including forest fires), which are, in practice, regional.
• Municipal and self-protection plans, which deploy the measures locally.

The law establishes that fire prevention and extinguishing services (urban and forest), along with civil protection, police forces, health services, etc., form the intervention device. Autonomous communities assume ordinary management of emergencies in their territory; municipalities manage those they can handle with their means; the State intervenes fully when there are emergencies of national interest or to support with resources such as the UME.

Competencies of the Generalitat in Catalonia

The Law 4/1997, on civil protection of Catalonia specifies this division:

• The Government of the Generalitat is the highest body of direction and coordination of civil protection in Catalonia (art. 42).
• The competent councilor (Interior/Governance) is the civil protection authority in Catalonia and directs plans of regional scope.
• Approves the Civil Protection Plan of Catalonia (PROCICAT), supramunicipal territorial plans, and special plans (including INFOCAT for forest fires).
• Declares the activation of regional plans and, subsidiarily, can activate municipal and self-protection plans when the situation requires.
• Directs the Operational Coordination Center of Catalonia (CECAT), defined as the highest coordination and information center of the Catalan civil protection structure.

In forest fires, the Generalitat:

• Plans through INFOCAT (special emergency plan for forest fires).
• Directs operational intervention through Bombers de la Generalitat, Rural Agents, and other services.
• Coordinates supramunicipal resources (aerial means, logistical support, communications) from CECAT.
• Assumes unified command in emergencies of regional interest, setting guidelines for affected municipalities.

Municipal competencies and role of CECOPAL

Law 4/1997 establishes that the mayor is the civil protection authority at the municipal level. Therefore, they are the director of municipal plans; they can delegate functions to deputy mayors or other councilors.

In Catalonia, the Municipal Operational Coordination Center (CECOPAL) is the local operational body foreseen by municipal civil protection plans. It has no legal personality of its own but is the room/structure from which the municipality:

• Activates and manages the Municipal Civil Protection Plan and, when existing, the Municipal Action Plan derived from INFOCAT.
• Coordinates municipal resources: local police, brigades, social services, maintenance, etc.
• Organizes information to the population (alerts, loudspeakers, municipal social networks, website, etc.).
• Decides and executes, under the mayor's command, protection measures for people: confinements, evacuations, reception points, local road closures.
• Channels information to CECAT and receives instructions and alerts from the Generalitat.

In a forest fire initially of local scope (affecting a single municipality and manageable with ordinary regional means), CECOPAL manages the civil protection emergency in the municipality (evacuations, basic services, return to normality), while Bombers directs extinguishing within INFOCAT, and CECAT coordinates at a higher level.

From municipal scope to regional interest

Law 4/1997 foresees that when an emergency exceeds the scope of a municipality, affects several municipalities, or clearly surpasses local capacity, the Generalitat can:

• Declare the emergency of Catalonia's interest and activate PROCICAT or INFOCAT at the corresponding level.
• Assume direction and superior command of the means and resources linked to the regional plan.
• Relegate the municipal plan to a subordinate scope: CECOPAL remains active but under the orders of regional direction and coordinated by CECAT.

At this stage, CECOPAL maintains close management to the population (housing, social assistance, restoration of municipal services, support to evacuees), but the overall fire strategy and major civil protection decisions (e.g., mass evacuations affecting several municipalities) are made by the Generalitat.

Fit within the National System

This entire scheme is inserted into the National Civil Protection System designed by Law 17/2015, which articulates cooperation between State, autonomous communities, and local entities through the National Civil Protection Council, the National Information Network, and the Alert Network. In especially severe forest fires, the Generalitat can request state reinforcements (UME, state aerial means), which integrate under the command designated in the plan (INFOCAT), respecting regional and municipal competencies.

Evacuation measures for people and road closures in case of fire in protected areas such as the Natural Park of l’Albufera are supported by a set of basic state regulations, Valencian regional regulations, and specific civil protection and forest fire prevention plans. There is no “fixed distance” or single threshold: decisions are made based on risk assessment and activated plans.

1. State framework of civil protection and fires

At the state level, the central reference is Law 17/2015, of July 9, of the National Civil Protection System (text in BOE), which:

• Defines civil protection as a public service to protect people, property, and the environment against emergencies.
• Authorizes civil protection authorities to adopt mandatory measures for the population, including evacuation of risk zones and traffic restrictions, when necessary for safety.
• Establishes that civil protection plans must include programs for information, alert, coordination, and safe return after the emergency.

Based on this, the Basic Guideline for Civil Protection Planning for Forest Fire Emergencies was approved, initially by Royal Decree 893/2013 (partially replaced by the 2023 Basic Civil Protection Standard). This guideline:

• Requires the existence of a State Plan and regional special plans for forest fires.
• Establishes that protection of life and safety of people prevails over any other value (including environmental interest).
• Demands defining procedures for evacuations, confinements, and control of access and roads depending on fire evolution.

Additionally, Royal Decree-law 15/2022, of August 1, on forest fires (BOE-A-2022-12926) strengthens the obligation of autonomous communities to approve prevention, surveillance, and extinguishing plans throughout their territory, which must consider:

• Limitations on vehicle circulation and access of people to forest areas.
• Climatic and operational conditions justifying intensification of devices and access prohibitions.

2. Applicable Valencian regional regulations

In the Valencian Community, the legal axis is Law 9/2002, on Civil Protection and Emergency Management (DOGV), which:

• Regulates the organization of regional and local civil protection.
• Configures the Unified Command at the regional level, competent to declare emergency phases and order mobilization of resources, evacuations, and traffic restrictions.
• Obliges municipalities with relevant risks to have civil protection plans and coordinate with the Generalitat.

As a sectoral development, the Forestry Regulation of the Valencian Community, approved by Decree 91/2023, of June 22 (DOGV), dedicates its Title VI to forest fires and foresees, among other aspects:

• Limitations on uses and activities in forest lands and in the forest influence zone (up to 500 m).
• Specific obligations for road infrastructure holders: Annex XII sets auxiliary strips and vegetation treatments that administrations or concessionaires of roads and other infrastructures must carry out, precisely to improve emergency access and reduce fire spread risk from roads.

Alongside this, the Community has:

• The Valencian forestry law (Law 3/1993 and its amendments) and its regulation, which regulate prevention, urgent action zones, and regime of burned lands.
• Law 4/2017, which creates the Valencian Agency for Security and Emergency Response, responsible for 112 and operational coordination.
• The Special Plan against the Risk of Forest Fires of the Valencian Community (Previfoc/PTECV), which establishes pre-emergency levels (e.g., level 3 of extreme risk) and details when natural parks must be closed, activities suspended, and forest access restricted.

3. Application in protected areas such as l’Albufera and the CV‑500

In the specific case of l’Albufera and its surroundings (Devesa de El Saler, CV‑500, accesses to El Palmar, etc.) converge:

• The regional Special Fire Plan, which when declaring pre-emergency level 3 orders the closure of natural parks and restriction of forest accesses; the Generalitat communicates this to municipalities through resolutions of the Emergency Coordination Center and the Agency for Security and Emergency Response.
• The Forest Fire Prevention Plan of the Natural Park of l’Albufera and the Local Forest Fire Prevention Plan of Valencia, which set safety strips in urban-forest interface, evacuation conditions, and adaptation of paths and roads “that ensure population evacuation in forest areas, as well as access for extinguishing means” (according to the municipal technical report cited by the Valencia City Council).
• Municipal ordinances and decisions, which in “concurrence” with the regional resolution can prohibit circulation on the tracks and paths of the Devesa and restrict traffic on the CV‑500, maintaining access only to residents and essential services, to preserve evacuation routes and the operability of firefighters and police forces.

4. Who decides to evacuate and close roads

According to civil protection legislation and the explanatory analysis published by Demócrata, the evacuation order is adopted by the director of the emergency or the activated plan (regional or state), based on technical reports from the extinguishing director and operational managers. There is no legal minimum distance; the following are evaluated:

• Speed and direction of the fire, wind, and orography.
• Proximity to inhabited areas and urban-forest interfaces.
• Risk that smoke or flames compromise exit roads.

Coordinately, the road-owning administration (Generalitat on the CV‑500, City Council on urban roads) can close or restrict traffic to:

• Guarantee safe evacuation routes.
• Avoid interference with extinguishing and emergency vehicles.
• Protect the population from crossing areas with fire or intense smoke.

In short, the combination of Law 17/2015, basic fire guidelines, Valencian Law 9/2002, forestry regulations (Law 3/1993 and Decree 91/2023), and the regional Special Plan are the legal pillars that allow ordering evacuations and road closures in l’Albufera and other protected areas when fire risk demands it.