Current through 2024 Regular Session legislation
Section 476.394 - Limitations on use of minimum defensible space requirements(1) The minimum defensible space requirements established by the State Fire Marshal pursuant to ORS 476.392 may not be used as criteria to approve or deny: (a) An amendment to a local government's acknowledged comprehensive plan or land use regulations.(b) A permit, as defined in ORS 215.402 or 227.160.(c) A limited land use decision, as defined in ORS 197.015.(d) An expedited land division, as defined in ORS 197.360.(2) Notwithstanding subsection (1) of this section, a local government may: (a) Amend the acknowledged comprehensive plan or land use regulations of the local government to include the requirements; and(b) Use the requirements that are included in the amended acknowledged comprehensive plan or land use regulations as a criterion for a land use decision.