New statute lets property owners clear vegetation to meet WUI defensible‑space rules in many cases

Representative Peterson, speaking during the ULCT webinar, summarized House Bill 215’s central compromise: local land‑use rules cannot prohibit a property owner from removing vegetation from portions of their property when removal is required to meet the defensible‑space requirements of the 2024 WUI code in designated wildland urban interface areas.

Peterson said the statute targets situations where a property owner faces conflicting directives—where a property is required to create defensible space for fire safety but a local tree‑preservation rule would frustrate that requirement. "The intent of the bill is to say you're not going to require property owners to be stuck between the city requiring them to create defensive space and...the city has an ordinance saying they can't remove that vegetation," Peterson said.

Panelists emphasized limitations: the prohibition on local rules applies only where WUI defensible‑space standards apply; slope, flooding and other public‑safety land‑use regulations remain relevant and should be carefully tailored. Jared advised that recorded plat restrictions continue to govern: where a subdivision plat includes recorded vegetation or slope protections, the plat instrument controls.

Why it matters: the law prioritizes wildfire‑safety compliance in WUI zones while preserving other forms of land‑use regulation. Cities that regulate vegetation for reasons like slope stability, flood risk mitigation or conservation should review how those regulations interact with the new statute and with recorded plat restrictions.

Next steps: jurisdictions should inventory areas designated as WUI, review local vegetation and slope regulations for conflicts with the statute, and adjust ordinances or interpretive guidance to reconcile defensible‑space requirements with other public‑safety controls.