(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:\n(a) An amendment to a local government’s acknowledged comprehensive plan or land use regulations.\n(b) A permit, as defined in ORS 215.402 or 227.160.\n(c) A limited land use decision, as defined in ORS 197.015.\n(d) An expedited land division, as defined in ORS 197.360.\n(2) Notwithstanding subsection (1) of this section, a local government may:\n(a) Amend the acknowledged comprehensive plan or land use regulations of the local government to include the requirements; and\n(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]\nNote:\nSee note under 476.390.
Oregon Legal Code