Benton County, OR Environmental Rules: Defensible Space (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.
(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?
Who is responsible for maintaining the fire break?
Does the code require more than one clearing zone around a structure?
Sources & Official References
Other rules in Benton County
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