Skip to main content
CityRuleLookup

Benton County, OR Environmental Rules: Defensible Space (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum fire break
30 feet around structure
Steep slope minimum
50 feet (slopes over 30%)
Duty
Property owner maintains fire break
Two zones
Primary and secondary fire-break required
Standard followed
ODF March 1991 fire siting standards

Summary

Every new structure in unincorporated Benton County's Forest Conservation Zone must carry a defensible-space clearing around it. BCC 51.020(17) defines a "fire break" as a minimum 30-foot area cleared of vegetation, widened to 50 feet on slopes over 30%, and BCC 60.405(1) requires the owner to maintain a primary and secondary fuel-free fire-break around the structure, following Oregon Department of Forestry siting standards.

These county ordinances apply to unincorporated areas of Benton County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(17)"Fire Break" means a minimum area of 30 feet around a dwelling cleared of vegetation except for ornamental shrubbery, sod, single trees or similar plants used for ground cover. Trees and large ground cover shall be placed to prevent rapid movement of a fire. If slopes are greater than 30%, "fire break" means a minimum of 50 feet. ... (1)The owner of any new structure shall maintain a primary and secondary fuel-free fire-break surrounding the structure on land that is owned or controlled by the owner, in accordance with the provisions in "Recommended Fire Siting Standards for Dwellings and Structures and Fire Safety Design Standards for Roads" dated March 1, 1991 and published by the Oregon Department of Forestry.

Full Breakdown

020(17), fixes the size of the required clearing: a "fire break" means a minimum area of 30 feet around a dwelling cleared of vegetation, except for ornamental shrubbery, sod, single trees or similar ground cover, arranged to prevent rapid movement of a fire. On slopes greater than 30%, that minimum widens to 50 feet. 405(1), the operative siting standard, puts the duty on the property owner: the owner of any new structure must maintain a primary and secondary fuel-free fire-break surrounding the structure, on land the owner owns or controls, following the "Recommended Fire Siting Standards for Dwellings and Structures and Fire Safety Design Standards for Roads," the Oregon Department of Forestry document dated March 1, 1991 that the County incorporates by reference.

405, including fire-resistant roofing and an emergency water supply plan, and it applies at the time a new structure is sited and approved, not only when a wildfire threat is imminent. 405 opens by requiring compliance with BCC Chapter 99's general development standards as well, a fire break has to coexist with whatever setback the structure's zone and lot otherwise require.

Violations & Fines

Building a new structure in the Forest Conservation Zone without the BCC 60.405(1) fire break, or narrower than the 30-foot minimum BCC 51.020(17) sets (50 feet on slopes over 30%), is a County Code violation under BCC Chapter 31. The Planning Official escalates from a verbal notice through a written notice of violation and a notice to comply, and under BCC 31.125(3) the County may seek a $500 fine per violation and $1,000 for a continuing one.

Frequently Asked Questions

How wide must the defensible space around my house be in the Forest Conservation Zone?
At least 30 feet cleared of vegetation, except for ornamental shrubbery, sod, single trees or similar ground cover, under BCC 51.020(17). On slopes greater than 30%, the minimum fire break widens to 50 feet around the structure, and trees or large ground cover must be placed to prevent rapid fire movement.
Who is responsible for maintaining the fire break?
The owner of the new structure, under BCC 60.405(1), which requires a primary and secondary fuel-free fire-break on land the owner owns or controls, following the Oregon Department of Forestry's March 1991 fire siting standards for dwellings, structures and access roads.
Does the code require more than one clearing zone around a structure?
Yes, both a primary and a secondary fire-break are required around the structure under BCC 60.405(1). The distinction follows the Oregon Department of Forestry's own siting standards, which the County adopts by reference for how the two zones of clearing are laid out.

Sources & Official References

Other rules in Benton County

All Benton County rules

Compare Benton County to another location·View the Oregon environmental rules overview

Get notified when Defensible Space in Benton County, OR changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.