1. (1) As used in this section:

   1. (a) “Commercial or industrial property” means property that is not used primarily for residential occupancy or for local government purposes.
   2. (b) “Local government” has the meaning given that term in ORS 174.116.
   3. (c) “Xeriscaping” means the selection of drought tolerant plants, the minimization of evaporation and runoff and the use of other landscape design features that minimize the need of the landscape for supplemental water from irrigation.

2. (2) Except as provided in subsection (3) of this section, an owner or occupant of a commercial or industrial property may install xeriscaping on landscaped portions of the property that are not otherwise set aside, dedicated or used to comply with a local government ordinance, rule or regulation regarding:

   1. (a) Stormwater management;
   2. (b) The preservation of natural habitat and tree canopy; or
   3. (c) The control of invasive plant species.
3. (3) Subsection (2) of this section does not prohibit a local government from enforcing any contractual right of the local government with regard to the installation and maintenance of landscaping for a commercial or industrial structure developed in whole or in part with funding provided by the local government.

[2011 c.178 §1]