(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:

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Terms Used In Oregon Statutes 476.394

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116

(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. [2021 c.592 § 8b]

 

See note under 476.390.