[§132-46]  Minimum defensible space requirements; duties of the state fire marshal; enforcement powers of the counties; assistance to the counties.  (a)  With regard to minimum defensible space requirements, the state fire marshal:

     (1)  Shall consult with the state fire council to establish minimum defensible space requirements;

     (2)  Shall establish requirements that are consistent with and do not exceed the standards pertaining to defensible space in generally accepted evidence-based codes and standards;

     (3)  May consider best practices specific to the State and traditional and customary practices relating to defensible space to establish the requirements;

     (4)  Shall periodically reexamine generally accepted evidence-based codes and standards and update the requirements to reflect the current best practices, which may be conducted in consultation with the state fire council;

     (5)  Shall enforce the requirements that are applicable to state lands within the jurisdiction of a county;

     (6)  Shall adopt rules governing administration of the requirements;

     (7)  May develop, in consultation with the state fire council, a graduated fine structure for the counties' use in assessing civil penalties on property owners for noncompliance with the requirements;

     (8)  Shall consult with stakeholders, such as the counties, on implementation of the requirements; and

     (9)  May adopt rules concerning requirements by the counties as described in subsection (b).

     (b)  Each county fire chief may adopt and enforce local requirements for defensible space that are greater than the minimum defensible space requirements established by the state fire marshal.  Any local requirements that a county fire chief adopts for defensible space shall be defensible space standards selected from the framework set forth in generally accepted evidence-based codes or standards or other best practices suited to the State.

     (c)  The office may provide financial, administrative, technical, or other assistance to a county to facilitate the administration and enforcement of the minimum defensible space requirements within the jurisdiction of the county.  The county shall expend financial assistance provided by the state fire marshal under this subsection to give priority to the creation of defensible space:

     (1)  On lands where members of socially and economically vulnerable communities, persons with limited proficiency in English, and persons of lower income reside;

     (2)  For critical or emergency infrastructure; and

     (3)  For schools, hospitals, and facilities that serve seniors. [L 2025, c 302, pt of §3]