Chapter 3.7 –
Defensible Space Standards
Sections:
3.7.200 Requirements for Master Plans, Subdivisions, Partition, or Site Plan Review
3.7.300 Requirements for Construction of Buildings and Decks
3.7.100 Purpose
It is the purpose of the defensible space standards to provide supplementary development regulations to reduce or minimize the potential impacts of wildfire on properties, the occupants of properties and the occupants of adjacent properties. These standards function to balance the need to preserve natural habitat, prevent erosion, provide for aesthetic and functional landscaping with reducing the potential of structure ignition and fire intensity, and to facilitate access to manmade structures by firefighters in the event of a wildfire. [Ord. 543 § 2 (Exh. C), 2025].
3.7.200 Requirements for Master Plans, Subdivisions, Partition, or Site Plan Review
A. Applicability. A Fire Prevention and Control Plan shall be required with the submission of any application for approval of a master plan, subdivision, partition, or site plan review.
B. Plan Submission Requirements. The Fire Prevention and Control Plan, prepared at the same scale as the development plans, shall address the defensible space requirements outlined in SDC 3.7.300 and include the submission materials listed below. The Community Development Director may waive a plan submittal requirement if determined it is not reasonably necessary in order to make a decision on the application:
1. The location and dimensions of all existing and proposed structures, parking areas and driveways on the property, and proposed lot boundaries for land divisions.
2. The location, dimension, and grade of fire apparatus access roads and driveways serving all structures on the property.
3. The location and dimensions of all structures upon adjoining properties located within 30 feet of a shared property line.
4. The location of all existing and proposed fire hydrants.
5. Site contours showing two-foot intervals detailing elevation and slope.
6. A tree and vegetation management plan showing:
a. Areas where shrubs and bushes will be removed including a description of the species and size (height, diameter at breast height (DBH));
b. Areas where trees will be removed to reduce interlocking tree canopies including a description of the species and DBH;
c. New trees, shrubs and bushes to be planted including the species, location and size at maturity;
d. Significant trees, as defined in SDC 3.2.500(B), to be retained.
7. The location of and information addressing required defensible space setback areas as described in SDC 3.7.300(B).
8. A schedule and timetable for vegetation removal and thinning shall be included in the Fire Prevention and Control Plan. An exception to the implementation schedule may be granted by the Fire Code Official.
C. Approval Criteria. The Community Development Director, in consultation with the Fire Code Official, shall approve the Fire Prevention and Control Plan upon demonstration of compliance with the standards required by this chapter.
D. Conditions of Approval. In order to meet the purpose and standards of this chapter, the Community Development Director, in consultation with the Fire Code Official, may require the following through the imposition of conditions attached to the approval:
1. Delineation of areas of heavy vegetation to be thinned and a formal plan for such thinning.
2. Clearing of vegetation to reduce fuel load.
3. Removal of dead and dying trees.
4. Relocation of proposed structures and roads to reduce the risks of wildfire and improve the chances of successful fire suppression.
5. Preservation or planting of trees and plants for erosion prevention and enhancement of water resources.
E. Fire Prevention and Control Plan Maintenance. The owner of any lot or parcel including, without limitation, any homeowners’ association, must maintain such owner’s property in accordance with the requirements of any Fire Prevention and Control Plan approved pursuant to this chapter.
1. Provisions for the maintenance of a required Fire Prevention and Control Plan shall be included in the codes, covenants, and restrictions (CC&Rs) for the development, or otherwise recorded in the Deschutes County real property records for the applicable property. [Ord. 543 § 2 (Exh. C), 2025].
3.7.300 Requirements for Construction of Buildings and Decks
A. Applicability. A defensible space area shall be required for all new buildings and detached accessory structures which, individually or cumulatively, increase lot coverage by 200 square feet or greater. For the purposes of this section, decks included with new building development are considered part of the building.
B. Defensible Space Area Standards. To reduce fire spread from and to structures on the property, and to adjoining properties, the establishment and maintenance of a defensible space area requires the following, except for as allowed in SDC 3.7.600:
1. All standing dead and dying vegetation must be removed from the property, except when considered ecologically beneficial.
2. Newly planted vegetation within 30 feet of any new building must not include species listed on the City’s Prohibited Flammable Plant List. This setback distance shall be increased by 10 feet for each 10 percent increase in the average slope of the property over 10 percent.
3. Existing vegetation within 5 feet of a new building shall be removed, except for trees that are 20 inches DBH and not on the City’s Prohibited Flammable Plant List which can be retained if approved by the Fire Code Official.
4. Combustible manmade and natural materials including, but not limited to, “ghost” trees, decorative stumps, logs, wood chips, bark mulch, stored wood, and accumulation of dry leaves and needles, are prohibited within 30 feet of a new building.
5. Existing vegetation within 30 feet of a new building that is identified on the City’s Prohibited Flammable Plant List shall be removed.
6. Trees within 30 feet of a new building which are species not identified on the City’s Prohibited Flammable Plant List shall be maintained to provide a clearance from new buildings as follows:
a. Ten feet horizontal clearance from a chimney outlet. At no time shall tree crowns or limbs extend into the vertical plane of a chimney outlet. _001.255125.png)
b. Ten feet above the roof of a new building.
c. Ten feet from the furthest extension of a new building._002.255125.png){kind=small}
d. In circumstances where pruning a tree to meet the clearance from building requirements of subsections (B)(5)(a) through (B)(5)(c) of this section would compromise the health and survival of existing trees, the Community Development Director, in consultation with the Fire Code Official and City Arborist as needed, may modify those requirements, but at a minimum the trees shall be pruned to maintain a ground clearance consistent with subsection (B)(11) of this section.
e. Pruned to provide a ground clearance of a minimum 6 feet above the ground, or one-third of the tree height, whichever is less.
f. Canopy spacing of the outermost limbs of trees shall be separated by at least 10 feet at mature size._003.255125.png)
i. Groups of trees in immediate proximity to each other may be considered as one tree canopy when approved by the Community Development Director in consultation with the Fire Code Official._004.255125.png)
ii. Canopy spacing requirements do not apply to significant trees, as defined in SDC 3.2.500(B), or trees that are not listed on the City’s Prohibited Flammable Plant List.
7. Shrubs and ornamental grasses within 30 feet of a new building which are not species listed on the City’s Prohibited Flammable Plant List shall be maintained as follows:
a. Groupings of no more than 3 shrubs can only be a maximum of 10 feet wide and must be 10 feet apart from other plantings.
b. Shall not be located within the dripline of trees.
8. Storage of firewood shall be 30 feet from any new building on the subject property unless located within a fully enclosed fire resistant structure.
9. For areas extending 30 feet from a new building to the lot boundary:
a. Tree crowns shall not be touching;
b. Trees shall be pruned to provide a ground clearance of a minimum of 6 feet above the ground, or one-third of the tree height, whichever is less;
c. Ladder fuels, such as grasses, shrubs, and smaller trees, shall be removed within the dripline of the trees; and
d. Large accumulations of flammable materials, such as pine needles, pine cones, dead trees, and fallen limbs shall be removed.
10. Where necessary for erosion control, slope stability, riparian and wetland preservation and enhancement, or performing functions considered beneficial in water resource protection, existing vegetation may be allowed to be retained consistent with an approved Fire Prevention and Control Plan, or upon written approval of the Community Development Director in consultation with the Fire Code Official.
C. Fencing. Where fencing is attached to a new building, the fencing shall be made of noncombustible materials within 5 feet of the connection to the structure in compliance with the requirements in SDC 3.2.300. [Ord. 543 § 2 (Exh. C), 2025].
3.7.400 Implementation
A. For lands required to comply with SDC 3.7.300 that have been partitioned, subdivided or received site plan review, all applicable requirements of the Fire Prevention and Control Plan shall be complied with prior to bringing combustible materials onto the property.
B. The Fire Prevention and Control Plan must be implemented during installation of public or private utilities and site improvements required of a master plan, subdivision, partition, site plan review, and shall be considered part of the applicant’s obligations for land development.
1. The plan shall be implemented prior to final plat approval for lots created by partitions and subdivisions. The Fire Code Official shall inspect and approve the implementation of the Fire Prevention and Control Plan and provide written notice to the Community Development Director that the plan was completed as approved by the Community Development Director, or as amended in accordance with SDC 3.7.500.
2. Final inspection of requisite defensible space areas will be conducted prior to bringing combustible materials onto the property to verify compliance with the fuel reduction standards set forth in SDC 3.7.300.
C. For construction of buildings requiring a defensible space area, the establishment of the defensible space area provided for in SDC 3.7.300 shall be completed before bringing combustible materials onto the property. Upon completion of the construction, all defensible space area tree and shrub clearance standards shall be verified. The property owner, or subsequent property owners, shall be responsible for maintaining the property in accordance with the defensible space area standards as defined in SDC 3.7.300. [Ord. 543 § 2 (Exh. C), 2025].
3.7.500 Minor Modifications
Changes to a previously approved Fire Prevention and Control Plan are subject to approval by the Community Development Director, with written concurrence from the Fire Code Official, when it is demonstrated that the proposed modifications do not constitute an increased risk to the spread of wildfire.
A. Minor modifications to an approved Fire Prevention and Control Plan include the following:
1. A change in the implementation schedule provided within an approved Fire Prevention and Control Plan.
2. A delay in the implementation of required fuels reduction in consideration of weather conditions, and fire hazard potential, during the period of construction.
3. The retention of existing trees or shrubs on the Prohibited Flammable Plant List within 30 feet of a structure.
4. A reduction of the requisite defensible space area to address observed field conditions including preservation of riparian, wetland, and slope stabilizing vegetation.
5. The temporary storage of combustible materials on a property prior to completion of a Fire Prevention and Control Plan or establishment of a required defensible space area.
6. A reduction of the spacing between the top of the understory vegetation and the lowest tree limbs not meeting the requirements of SDC 3.7.300. [Ord. 543 § 2 (Exh. C), 2025].
3.7.600 Exceptions
The Community Development Director may approve exceptions to the standards of this chapter for the following:
A. An action prescribed by this section that includes the removal of trees designated to be retained as part of an approved planning action.
B. A change that includes the removal of native vegetation within the Special Flood Hazard Area, subject to the requirements of Chapter 2.10 SDC.
C. A change in the Fire Prevention and Control Plan not specifically listed as a minor modification under SDC 3.7.500(A).
D. Tree removal on properties subject to Tree Removal Permit requirements set forth in Chapter 9.30 SMC.
E. The defensible space standards outlined in SDC 3.7.300(B) may be reduced or waived when approved by the Community Development Director in consultation with the Fire Code Official. This is contingent upon it being demonstrated that the fire risk has been reasonably reduced such as in cases where ignition-resistant materials and construction methods, or vegetation type and separation, function to enhance the structure’s protection from exterior wildfire exposure. [Ord. 543 § 2 (Exh. C), 2025].