Authorizes the Department of Land Conservation and Development to provide planning assistance for housing production to federally recognized Indian tribes.

83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
House Bill 2347
Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of Governor
Tina Kotek for Department of Land Conservation and Development)
CHAPTER .................................................
AN ACT
Relating to land use planning; creating new provisions; and amending ORS 93.277, 195.300, 197.478,
197.493, 197.522, 197.665, 197.667, 197.670, 197.761, 197A.015, 197A.018, 197A.030, 197A.100,
197A.110, 197A.245, 197A.270, 197A.348, 197A.350, 197A.370, 197A.395, 197A.420, 197A.425,
197A.430, 197A.465, 197A.470, 215.203, 215.213, 215.236, 215.284, 215.293, 215.296, 215.317, 215.427,
215.490, 215.495, 215.501, 215.705, 215.730, 215.750, 215.757, 227.178, 227.450, 329A.440 and 418.960
and section 1, chapter 527, Oregon Laws 2021, section 9, chapter 552, Oregon Laws 2021, section
3, chapter 102, Oregon Laws 2024, section 1, chapter 103, Oregon Laws 2024, section 38, chapter
110, Oregon Laws 2024, and section 2, chapter 111, Oregon Laws 2024.
Be It Enacted by the People of the State of Oregon:
PLANNING ASSISTANCE TO TRIBES
SECTION 1. ORS 197A.030 is amended to read:
197A.030. The Department of Land Conservation and Development may provide technical as-
sistance and award grants to local governments and federally recognized Indian tribes in this
state to enable [ them] local governments to implement the provisions of ORS chapter 197A and to
enable local governments and tribes to take other actions to incentivize the production of needed
housing within the jurisdiction of the local government or tribe or on lands owned or managed
by a federally recognized Indian tribe .
MANUFACTURED DWELLING DEVELOPMENT
SECTION 2. ORS 197.478 is amended to read:
197.478. (1) Notwithstanding any other provision in ORS chapter 197A, within an urban growth
boundary, a local government shall allow the siting of manufactured homes and prefabricated
structures on all land zoned to allow the development of [ single-family] single-unit dwellings.
(2) This section does not apply to any area designated in an acknowledged comprehensive plan
or land use regulation as a historic district or residential land immediately adjacent to a historic
landmark.
(3) Manufactured homes and prefabricated structures allowed under this section are in addition
to manufactured dwellings or prefabricated structures allowed within designated manufactured
dwellingsubdivisions.
Enrolled House Bill 2347 (HB 2347-A) Page 1
(4) A local government may not subject manufactured homes or prefabricated structures within
an urban growth boundary, or the land upon which the homes or structures are sited, to any appli-
cable standard that would not apply to a [detached,] site-built [ single-family] dwelling of the same
housing type on the same land, except:
(a) As necessary to comply with a protective measure adopted pursuant to a statewide land use
planning goal; or
(b) To require that the manufacturer certify that the manufactured home or prefabricated
structure has an exterior thermal envelope meeting performance standards which reduce levels
equivalent to the performance standards required of [ single-family] single-unit dwellings constructed
under the Low-Rise Residential Dwelling Code as defined in ORS 455.010.
(5) Within any residential zone inside an urban growth boundary where a manufactured dwelling
park is otherwise allowed, a city or county may not adopt a minimum lot size for a manufactured
dwelling park that is larger than one acre.
(6) This section may not be construed as abrogating a recorded restrictive covenant.
METRO URBANIZABLE LANDS
SECTION 3.
Section 3, chapter 102, Oregon Laws 2024, is amended to read:
Sec. 3. (1) As used in this section, “Metro urbanizable lands” means lands within the Metro
urban growth boundary that [ is] are not within a city and [ is] are not Metro urban unincorporated
land.
(2) In fulfilling a requirement to comply with this chapter, a local government may plan for the
appropriate urbanization of Metro urbanizable lands, by using methods including adjacent
urbanizable lands:
(a) In an intergovernmental agreement related to the urbanization of such lands ;
(b) In a housing production strategy, housing coordination strategy or corrective action plan
under ORS 197A.100, 197A.365 or 197A.372; or
(c) To accommodate needed housing identified in an analysis of housing capacity under ORS
197A.335 or 197A.350.
(3) Except as may be explicitly delegated in an intergovernmental agreement, counties are solely
responsible for complying with this chapter with respect to Metro urban unincorporated lands that
are within their jurisdiction.
COMPLETENESS REVIEW
SECTION 4. ORS 215.427, as amended by section 7, chapter 102, Oregon Laws 2024, and section
8, chapter 110, Oregon Laws 2024, is amended to read:
215.427. (1) Except as provided in subsections (3), (5) and (10) of this section, for land within an
urban growth boundary and applications for mineral aggregate extraction, the governing body of a
county or its designee shall take final action on an application for a permit, limited land use deci-
sion or zone change, including resolution of all appeals under ORS 215.422, within 120 days after the
application is deemed complete. The governing body of a county or its designee shall take final
action on all other applications for a permit, limited land use decision or zone change, including
resolution of all appeals under ORS 215.422, within 150 days after the application is deemed com-
plete, except as provided in subsections (3), (5) and (10) of this section.
(2) If an application for a permit, limited land use decision or zone change is incomplete, the
governing body or its designee shall notify the applicant in writing of exactly what information is
missing within 30 days of receipt of the application and allow the applicant to submit the missing
information. The application shall be deemed complete for the purpose of subsection (1) of this sec-
tion and ORS 197A.470 upon receipt by the governing body or its designee of:
(a) All of the missing information;
Enrolled House Bill 2347 (HB 2347-A) Page 2
(b) Some of the missing information and written notice from the applicant that no other infor-
mation will be provided; or
(c) Written notice from the applicant that none of the missing information will be provided.
(3)(a) [If the application was complete when first submitted or the applicant submits additional
information within 180 days of the date the application was first submitted, ] Approval or denial of [ the
application] an application that was complete when first submitted or deemed complete pur-
suant to subsection (2) of this section must be based:
(A) Upon the standards and criteria that were applicable at the time the application was first
submitted; or
(B) For an application relating to development of housing, upon the request of the applicant,
those standards and criteria that are operative at the time of the request.
(b) If an applicant requests review under different standards as provided in paragraph (a)(B) of
this subsection:
(A) For the purposes of this section, any applicable timelines for completeness review and final
decisions restart as if a new application were submitted on the date of the request;
(B) For the purposes of this section and ORS 197A.470 the application is not deemed complete
until:
(i) The county determines that additional information is not required under subsection (2) of this
section; or
(ii) The applicant makes a submission under subsection (2) of this section in response to a
county’s request;
(C) A county may deny a request under paragraph (a)(B) of this subsection if:
(i) The county has issued a public notice of the application; or
(ii) A request under paragraph (a)(B) of this subsection was previously made; and
(D) The county may not require that the applicant:
(i) Pay a fee, except to cover additional costs incurred by the county to accommodate the re-
quest;
(ii) Submit a new application or duplicative information, unless information resubmittal is re-
quired because the request affects or changes information in other locations in the application or
additional narrative is required to understand the request in context; or
(iii) Repeat redundant processes or hearings that are inapplicable to the change in standards
or criteria.
(4) On the 181st day after first being submitted, the application is void if the applicant has been
notified of the missing information as required under subsection (2) of this section and has not
submitted:
(a) All of the missing information;
(b) Some of the missing information and written notice that no other information will be pro-
vided; or
(c) Written notice that none of the missing information will be provided.
(5) The period set in subsection (1) of this section or the 100-day period set in ORS 197A.470
may be extended for a specified period of time at the written request of the applicant. The total of
all extensions, except as provided in subsection (10) of this section for mediation, may not exceed
215 days.
(6) The period set in subsection (1) of this section applies:
(a) Only to decisions wholly within the authority and control of the governing body of the
county; and
(b) Unless the parties have agreed to mediation as described in subsection (10) of this section
or ORS 197.319 (2)(b).
(7) Notwithstanding subsection (6) of this section, the period set in subsection (1) of this section
and the 100-day period set in ORS 197A.470 do not apply to:
Enrolled House Bill 2347 (HB 2347-A) Page 3
(a) A decision of the county making a change to an acknowledged comprehensive plan or a land
use regulation that is submitted to the Director of the Department of Land Conservation and De-
velopment under ORS 197.610; or
(b) A decision of a county involving an application for the development of residential structures
within an urban growth boundary, where the county has tentatively approved the application and
extends these periods by no more than seven days in order to assure the sufficiency of its final or-
der.
(8) Except when an applicant requests an extension under subsection (5) of this section, if the
governing body of the county or its designee does not take final action on an application for a
permit, limited land use decision or zone change within 120 days or 150 days, as applicable, after
the application is deemed complete, the county shall refund to the applicant either the unexpended
portion of any application fees or deposits previously paid or 50 percent of the total amount of such
fees or deposits, whichever is greater. The applicant is not liable for additional governmental fees
incurred subsequent to the payment of such fees or deposits. However, the applicant is responsible
for the costs of providing sufficient additional information to address relevant issues identified in
the consideration of the application.
(9) A county may not compel an applicant to waive the period set in subsection (1) of this sec-
tion or to waive the provisions of subsection (8) of this section or ORS 197A.470 or 215.429 as a
condition for taking any action on an application for a permit, limited land use decision or zone
change except when such applications are filed concurrently and considered jointly with a plan
amendment.
(10) The periods set forth in subsections (1) and (5) of this section and ORS 197A.470 may be
extended by up to 90 additional days, if the applicant and the county agree that a dispute concern-
ing the application will be mediated.
SECTION 5. ORS 227.178, as amended by section 8, chapter 102, Oregon Laws 2024, and section
9, chapter 110, Oregon Laws 2024, is amended to read:
227.178. (1) Except as provided in subsections (3), (5) and (11) of this section, the governing body
of a city or its designee shall take final action on an application for a permit, limited land use de-
cision or zone change, including resolution of all appeals under ORS 227.180, within 120 days after
the application is deemed complete.
(2) If an application for a permit, limited land use decision or zone change is incomplete, the
governing body or its designee shall notify the applicant in writing of exactly what information is
missing within 30 days of receipt of the application and allow the applicant to submit the missing
information. The application shall be deemed complete for the purpose of subsection (1) of this sec-
tion or ORS 197A.470 upon receipt by the governing body or its designee of:
(a) All of the missing information;
(b) Some of the missing information and written notice from the applicant that no other infor-
mation will be provided; or
(c) Written notice from the applicant that none of the missing information will be provided.
(3)(a) [If the application was complete when first submitted or the applicant submits the requested
additional information within 180 days of the date the application was first submitted, ] Approval or
denial of [ the application ] an application that was complete when first submitted or deemed
complete pursuant to subsection (2) of this section must be based:
(A) Upon the standards and criteria that were applicable at the time the application was first
submitted; or
(B) For an application relating to development of housing, upon the request of the applicant,
those standards and criteria that are operative at the time of the request.
(b) If an applicant requests review under different standards as provided in paragraph (a)(B) of
this subsection:
(A) For the purposes of this section, any applicable timelines for completeness review and final
decisions restart as if a new application were submitted on the date of the request;
Enrolled House Bill 2347 (HB 2347-A)Page 4
(B) For the purposes of this section and ORS 197A.470 the application is not deemed complete
until:
(i) The city determines that additional information is not required under subsection (2) of this
section; or
(ii) The applicant makes a submission under subsection (2) of this section in response to a city’s
request;
(C) A city may deny a request under paragraph (a)(B) of this subsection if:
(i) The city has issued a public notice of the application; or
(ii) A request under paragraph (a)(B) of this subsection was previously made; and
(D) The city may not require that the applicant:
(i) Pay a fee, except to cover additional costs incurred by the city to accommodate the request;
(ii) Submit a new application or duplicative information, unless information resubmittal is re-
quired because the request affects or changes information in other locations in the application or
additional narrative is required to understand the request in context; or
(iii) Repeat redundant processes or hearings that are inapplicable to the change in standards
or criteria.
(4) On the 181st day after first being submitted, the application is void if the applicant has been
notified of the missing information as required under subsection (2) of this section and has not
submitted:
(a) All of the missing information;
(b) Some of the missing information and written notice that no other information will be pro-
vided; or
(c) Written notice that none of the missing information will be provided.
(5) The 120-day period set in subsection (1) of this section or the 100-day period set in ORS
197A.470 may be extended for a specified period of time at the written request of the applicant.
The total of all extensions, except as provided in subsection (11) of this section for mediation, may
not exceed 245 days.
(6) The 120-day period set in subsection (1) of this section applies:
(a) Only to decisions wholly within the authority and control of the governing body of the city;
and
(b) Unless the parties have agreed to mediation as described in subsection (11) of this section
or ORS 197.319 (2)(b).
(7) Notwithstanding subsection (6) of this section, the 120-day period set in subsection (1) of this
section and the 100-day period set in ORS 197A.470 do not apply to:
(a) A decision of the city making a change to an acknowledged comprehensive plan or a land
use regulation that is submitted to the Director of the Department of Land Conservation and De-
velopment under ORS 197.610; or
(b) A decision of a city involving an application for the development of residential structures
within an urban growth boundary, where the city has tentatively approved the application and ex-
tends these periods by no more than seven days in order to assure the sufficiency of its final order.
(8) Except when an applicant requests an extension under subsection (5) of this section, if the
governing body of the city or its designee does not take final action on an application for a permit,
limited land use decision or zone change within 120 days after the application is deemed complete,
the city shall refund to the applicant, subject to the provisions of subsection (9) of this section, ei-
ther the unexpended portion of any application fees or deposits previously paid or 50 percent of the
total amount of such fees or deposits, whichever is greater. The applicant is not liable for additional
governmental fees incurred subsequent to the payment of such fees or deposits. However, the ap-
plicant is responsible for the costs of providing sufficient additional information to address relevant
issues identified in the consideration of the application.
(9)(a) To obtain a refund under subsection (8) of this section, the applicant may either:
(A) Submit a written request for payment, either by mail or in person, to the city or its designee;
or
Enrolled House Bill 2347 (HB 2347-A) Page 5
(B) Include the amount claimed in a mandamus petition filed under ORS 227.179. The court shall
award an amount owed under this section in its final order on the petition.
(b) Within seven calendar days of receiving a request for a refund, the city or its designee shall
determine the amount of any refund owed. Payment, or notice that no payment is due, shall be made
to the applicant within 30 calendar days of receiving the request. Any amount due and not paid
within 30 calendar days of receipt of the request shall be subject to interest charges at the rate of
one percent per month, or a portion thereof.
(c) If payment due under paragraph (b) of this subsection is not paid within 120 days after the
city or its designee receives the refund request, the applicant may file an action for recovery of the
unpaid refund. In an action brought by a person under this paragraph, the court shall award to a
prevailing applicant, in addition to the relief provided in this section, reasonable attorney fees and
costs at trial and on appeal. If the city or its designee prevails, the court shall award reasonable
attorney fees and costs at trial and on appeal if the court finds the petition to be frivolous.
(10) A city may not compel an applicant to waive the 120-day period set in subsection (1) of this
section or to waive the provisions of subsection (8) of this section or ORS 197A.470 or 227.179 as
a condition for taking any action on an application for a permit, limited land use decision or zone
change except when such applications are filed concurrently and considered jointly with a plan
amendment.
(11) The periods set forth in subsections (1) and (5) of this section and ORS 197A.470 may be
extended by up to 90 additional days, if the applicant and the city agree that a dispute concerning
the application will be mediated.
HOUSING PRODUCTION STRATEGY IMPLEMENTATION REPORT
SECTION 5a. ORS 197A.100 is amended to read:
197A.100. (1) A city with a population of 10,000 or greater shall develop and adopt a housing
production strategy under this section no later than the latter of the date:
(a) One year after the city’s deadline for completing a housing capacity determination under
ORS 197A.270 (2), 197A.280 (2) or 197A.335 (1); or
(b) If the city was referred to the housing acceleration program under ORS 197A.130, three
years following the most recent adoption of a strategy.
(2) A housing production strategy must include a list of specific actions, including the adoption
of measures and policies, that the city shall undertake to promote:
(a) The development of needed housing;
(b) The development and maintenance of housing that is of diverse housing types, high-quality,
affordable and accessible;
(c) Housing with access to economic opportunities, services and amenities; and
(d) Affirmatively furthering fair housing.
(3) Actions that may be included in a housing production strategy include:
(a) The reduction of financial and regulatory impediments to developing needed housing, in-
cluding removing or easing approval standards or procedures for needed housing at higher densities
or that is affordable;
(b) The creation of financial and regulatory incentives for development of needed housing, in-
cluding creating incentives for needed housing at higher densities or that is affordable;
(c) The development of a plan to access resources available at local, regional, state and national
levels to increase the availability and affordability of needed housing;
(d) Target development on identified development-ready lands;
(e) Actions that affirmatively further fair housing;
(f) Actions that:
(A) Increase housing diversity, efficiency and affordability, including new construction and the
preservation of naturally occurring affordable housing;
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(B) Allow greater housing choice for households and greater flexibility in location, type and
density;
(C) Reduce cost or delay and increase procedural certainty for the production of housing; or
(D) Prepare land for development or redevelopment, including:
(i) Public facilities planning and other investment strategies that increase the readiness of land
for development for housing production;
(ii) Site preparation, financial incentives or other incentive-based measures that increase the
likelihood of development or redevelopment of land; or
(iii) The redevelopment of underutilized commercial and employment lands for housing or a mix
of housing and commercial uses; or
(g) Any other actions identified by rule of the Land Conservation and Development Commission
intended to promote housing production, affordability and choice.
(4) Actions proposed in a city’s housing production strategy shall include clear deadlines by
which the city expects to undertake the action.
(5) In creating a housing production strategy, a city shall review and consider:
(a) Socioeconomic and demographic characteristics of households living in existing needed
housing;
(b) Market conditions affecting the provision of needed housing;
(c) Measures already adopted by the city to promote the development of needed housing;
(d) Existing and expected barriers to the development of needed housing; and
(e) For each action the city includes in its housing production strategy:
(A) The schedule for its adoption;
(B) The schedule for its implementation;
(C) Its expected magnitude of impact on the development of needed housing; and
(D) The time frame over which it is expected to impact needed housing.
(6) The housing production strategy must include within its index a copy of the city’s most re-
cently completed [ survey under ORS 197A.110 ] housing production strategy implementation re-
port under ORS 197A.115 .
(7) The adoption of a housing production strategy is not a land use decision and is not subject
to appeal or review except as provided in ORS 197A.103.
(8) A city with a population of less than 10,000 may develop a housing production strategy as
provided in this section.
(9) As used in this section, “affirmatively furthering fair housing” means meaningful actions
that, when taken together, address significant disparities in housing needs and access to opportunity
and replace segregated living patterns with truly integrated and balanced living patterns to trans-
form racially and ethnically concentrated areas of poverty into areas of opportunity and foster and
maintain compliance with civil rights and fair housing laws.
APPLICATION AMENDMENTS FOR NEEDED HOUSING
SECTION 6.
ORS 197.522 is added to and made a part of ORS chapter 197A.
SECTION 7. ORS 197.522, as amended by section 31, chapter 102, Oregon Laws 2024, is
amended to read:
197.522. (1) As used in this section:
[(a) “Needed housing” has the meaning given that term in ORS 197A.018. ]
[(b)] (a) “Partition” has the meaning given that term in ORS 92.010.
[(c)] (b) “Permit” means a permit as defined in ORS 215.402 and a permit as defined in ORS
227.160.
[(d)] (c) “Subdivision” has the meaning given that term in ORS 92.010.
(2) A local government shall approve an application for a permit, authorization or other ap-
proval necessary for the subdivision or partitioning of, or construction on, any land for needed
housing that is consistent with the comprehensive plan and applicable land use regulations.
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(3) If an application described in subsection (2) of this section is inconsistent with the com-
prehensive plan and applicable land use regulations, the local government, prior to making a final
decision on the application, shall allow the applicant to offer an amendment or to propose conditions
of approval that would make the application consistent with the plan and applicable regulations. If
an applicant seeks to amend the application or propose conditions of approval:
(a) A county may extend the time limitation under ORS 215.427 for final action by the governing
body of a county on an application for needed housing and may set forth a new time limitation for
final action on the consideration of future amendments or proposals.
(b) A city may extend the time limitation under ORS 227.178 for final action by the governing
body of a city on an application for needed housing and may set forth a new time limitation for final
action on the consideration of future amendments or proposals.
(4) A local government shall deny an application that is inconsistent with the comprehensive
plan and applicable land use regulations and that cannot be made consistent through amendments
to the application or the imposition of reasonable conditions of approval.
DEADLINE FOR CITY REPORT ON HOUSING
SECTION 8. ORS 197A.110 is amended to read:
197A.110. (1) [ No later than February 1 of ] Each year , by a date established by the Depart-
ment of Land Conservation and Development , each city with a population of 10,000 or greater
shall submit to the [ Department of Land Conservation and Development ] department a report for the
immediately preceding calendar year setting forth:
(a) The number of residential units permitted and the number produced, segmented by:
(A) [Single-family homes] Single-unit dwellings.
(B) Accessory dwelling units.
(C) Units of middle housing.
(D) [Multifamily residential units ] Multiunit housing , not including middle housing.
(E) Units with accessibility features or of an accessibility category as recognized by a building
code established under ORS chapter 455.
(b) For each segment under paragraph (a) of this subsection, the number of units that were
subject to a recorded agreement that runs with the land and that requires affordability for an es-
tablished income level for a defined period, but that would not be included in the inventory of pub-
licly supported housing described in ORS 456.601 (3)(a).
(2) The Department of Land Conservation and Development, in consultation with the Housing
and Community Services Department, shall develop a format by which data required under this
section must be submitted. The Department of Land Conservation and Development shall provide a
copy of any form or notice of the format to each city required to provide a report.
(3) The Department of Land Conservation and Development shall provide a copy of the data
received under this section to the Oregon Department of Administrative Services and the Housing
and Community Services Department [ by July 1 of ] each year.
SINGLE-UNIT AND MULTIUNIT TERMINOLOGY
SECTION 8a.
Section 8b of this 2025 Act is added to and made a part of ORS chapter 197.
SECTION 8b. (1) For the purpose of harmonizing and clarifying land use law, a state
agency or local government may, wherever the terms appear within land use regulations,
zoning maps, comprehensive plans, regional framework plans or administrative rules, sub-
stitute the terms:
(a) “Single-unit housing” for “single-family housing” or similar terms; and
(b) “Multiunit housing” for “multifamily housing” or similar terms.
(2) A substitution of terms under this section:
(a) Is considered a minor correction to administrative rules.
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(b) May be done by ordinance or resolution of a local government without requiring any
notice or hearing, notwithstanding any provision of ORS chapter 215 or 227.
SECTION 9. ORS 93.277 is amended to read:
93.277. A provision in a recorded instrument affecting real property is not enforceable if:
(1) The provision would allow the development of a [ single-family] single-unit dwelling on the
real property but would prohibit the development of, or the partitioning or subdividing of lands un-
der ORS 92.031 for:
(a) Middle housing, as defined in ORS 197A.420; or
(b) An accessory dwelling unit allowed under ORS 197A.425 (1); and
(2) The instrument was executed on or after January 1, 2021.
SECTION 10.
ORS 195.300 is amended to read:
195.300. As used in this section and ORS 195.301 and 195.305 to 195.336 and sections 5 to 11,
chapter 424, Oregon Laws 2007, and sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and
sections 2 to 7, chapter 8, Oregon Laws 2010:
(1) “Acquisition date” means the date described in ORS 195.328.
(2) “Claim” means a written demand for compensation filed under:
(a) ORS 195.305, as in effect immediately before December 6, 2007; or
(b) ORS 195.305 and 195.310 to 195.314, as in effect on and after December 6, 2007.
(3) “Enacted” means enacted, adopted or amended.
(4) “Fair market value” means the value of property as determined under ORS 195.332.
(5) “Farming practice” has the meaning given that term in ORS 30.930.
(6) “Federal law” means:
(a) A statute, regulation, order, decree or policy enacted by a federal entity or by a state entity
acting under authority delegated by the federal government;
(b) A requirement contained in a plan or rule enacted by a compact entity; or
(c) A requirement contained in a permit issued by a federal or state agency pursuant to a fed-
eral statute or regulation.
(7) “File” means to submit a document to a public entity.
(8) “Forest practice” has the meaning given that term in ORS 527.620.
(9) “Ground water restricted area” means an area designated as a critical ground water area
or as a ground water limited area by the Water Resources Department or Water Resources Com-
mission before December 6, 2007.
(10) “High-value farmland” means:
(a) High-value farmland as described in ORS 215.710 that is land in an exclusive farm use zone
or a mixed farm and forest zone, except that the dates specified in ORS 215.710 (2), (4) and (6) are
December 6, 2007.
(b) Land west of U.S. Highway 101 that is composed predominantly of the following soils in
Class III or IV or composed predominantly of a combination of the soils described in ORS 215.710
(1) and the following soils:
(A) Subclassification IIIw, specifically Ettersburg Silt Loam and Croftland Silty Clay Loam;
(B) Subclassification IIIe, specifically Klooqueth Silty Clay Loam and Winchuck Silt Loam; and
(C) Subclassification IVw, specifically Huffling Silty Clay Loam.
(c) Land that is in an exclusive farm use zone or a mixed farm and forest zone and that on June
28, 2007, is:
(A) Within the place of use for a permit, certificate or decree for the use of water for irrigation
issued by the Water Resources Department;
(B) Within the boundaries of a district, as defined in ORS 540.505; or
(C) Within the boundaries of a diking district formed under ORS chapter 551.
(d) Land that contains not less than five acres planted in wine grapes.
(e) Land that is in an exclusive farm use zone and that is at an elevation between 200 and 1,000
feet above mean sea level, with an aspect between 67.5 and 292.5 degrees and a slope between zero
and 15 percent, and that is located within:
Enrolled House Bill 2347 (HB 2347-A) Page 9
(A) The Southern Oregon viticultural area as described in 27 C.F.R. 9.179;
(B) The Umpqua Valley viticultural area as described in 27 C.F.R. 9.89; or
(C) The Willamette Valley viticultural area as described in 27 C.F.R. 9.90.
(f) Land that is in an exclusive farm use zone and that is no more than 3,000 feet above mean
sea level, with an aspect between 67.5 and 292.5 degrees and a slope between zero and 15 percent,
and that is located within:
(A) The portion of the Columbia Gorge viticultural area as described in 27 C.F.R. 9.178 that is
within the State of Oregon;
(B) The Rogue Valley viticultural area as described in 27 C.F.R. 9.132;
(C) The portion of the Columbia Valley viticultural area as described in 27 C.F.R. 9.74 that is
within the State of Oregon;
(D) The portion of the Walla Walla Valley viticultural area as described in 27 C.F.R. 9.91 that
is within the State of Oregon; or
(E) The portion of the Snake River Valley viticultural area as described in 27 C.F.R. 9.208 that
is within the State of Oregon.
(11) “High-value forestland” means land:
(a) That is in a forest zone or a mixed farm and forest zone, that is located in western Oregon
and composed predominantly of soils capable of producing more than 120 cubic feet per acre per
year of wood fiber and that is capable of producing more than 5,000 cubic feet per year of com-
mercial tree species; or
(b) That is in a forest zone or a mixed farm and forest zone, that is located in eastern Oregon
and composed predominantly of soils capable of producing more than 85 cubic feet per acre per year
of wood fiber and that is capable of producing more than 4,000 cubic feet per year of commercial
tree species.
(12) “Home site approval” means approval of the subdivision or partition of property or approval
of the establishment of a dwelling on property.
(13) “Just compensation” means:
(a) Relief under sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter
855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, for land use regulations
enacted on or before January 1, 2007; and
(b) Relief under ORS 195.310 to 195.314 for land use regulations enacted after January 1, 2007.
(14) “Land use regulation” means:
(a) A statute that establishes a minimum lot or parcel size;
(b) A provision in ORS 227.030 to 227.300, 227.350, 227.400, 227.450 or 227.500 or in ORS chapter
215 that restricts the residential use of private real property;
(c) A provision of a city comprehensive plan, zoning ordinance or land division ordinance that
restricts the residential use of private real property zoned for residential use;
(d) A provision of a county comprehensive plan, zoning ordinance or land division ordinance
that restricts the residential use of private real property;
(e) A provision, enacted or adopted on or after January 1, 2010, of:
(A) The Oregon Forest Practices Act;
(B) An administrative rule of the State Board of Forestry; or
(C) Any other law enacted, or rule adopted, solely for the purpose of regulating a forest prac-
tice;
(f) ORS 561.191, a provision of ORS 568.900 to 568.933 or an administrative rule of the State
Department of Agriculture that implements ORS 561.191 or 568.900 to 568.933;
(g) An administrative rule or goal of the Land Conservation and Development Commission; or
(h) A provision of a Metro functional plan that restricts the residential use of private real
property.
(15) “Lawfully established unit of land” has the meaning given that term in ORS 92.010.
(16) “Lot” has the meaning given that term in ORS 92.010.
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(17) “Measure 37 permit” means a final decision by Metro, a city or a county to authorize the
development, subdivision or partition or other use of property pursuant to a waiver.
(18) “Owner” means:
(a) The owner of fee title to the property as shown in the deed records of the county where the
property is located;
(b) The purchaser under a land sale contract, if there is a recorded land sale contract in force
for the property; or
(c) If the property is owned by the trustee of a revocable trust, the settlor of a revocable trust,
except that when the trust becomes irrevocable only the trustee is the owner.
(19) “Parcel” has the meaning given that term in ORS 92.010.
(20) “Property” means the private real property described in a claim and contiguous private real
property that is owned by the same owner, whether or not the contiguous property is described in
another claim, and that is not property owned by the federal government, an Indian tribe or a public
body, as defined in ORS 192.311.
(21) “Protection of public health and safety” means a law, rule, ordinance, order, policy, permit
or other governmental authorization that restricts a use of property in order to reduce the risk or
consequence of fire, earthquake, landslide, flood, storm, pollution, disease, crime or other natural
or human disaster or threat to persons or property including, but not limited to, building and fire
codes, health and sanitation regulations, solid or hazardous waste regulations and pollution control
regulations.
(22) “Public entity” means the state, Metro, a county or a city.
(23) “Waive” or “waiver” means an action or decision of a public entity to modify, remove or
not apply one or more land use regulations under ORS 195.305 to 195.336 and sections 5 to 11,
chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections
2 to 7, chapter 8, Oregon Laws 2010, or ORS 195.305, as in effect immediately before December 6,
2007, to allow the owner to use property for a use permitted when the owner acquired the property.
(24) “Zoned for residential use” means zoning that has as its primary purpose [ single-family]
single-unit residential use.
SECTION 11.
ORS 197.493 is amended to read:
197.493. (1) A state agency or local government may not prohibit the placement or occupancy
of a recreational vehicle, or impose any limit on the length of occupancy of a recreational vehicle
as a residential dwelling, solely on the grounds that the occupancy is in a recreational vehicle, if
the recreational vehicle is:
(a) Allowed under ORS 215.490;
(b)(A) Located in a manufactured dwelling park, mobile home park or recreational vehicle park;
(B) Occupied as a residential dwelling; and
(C) Lawfully connected to water and electrical supply systems and a sewage disposal system;
or
(c) On a lot or parcel with a manufactured dwelling or [ single-family] single-unit dwelling that
is uninhabitable due to damages from a natural disaster, including wildfires, earthquakes, flooding
or storms, until no later than the date:
(A) The dwelling has been repaired or replaced and an occupancy permit has been issued;
(B) The local government makes a determination that the owner of the dwelling is unreasonably
delaying in completing repairs or replacing the dwelling; or
(C) Five years after the date the dwelling first became uninhabitable.
(2) Subsection (1) of this section does not limit the authority of a state agency or local govern-
ment to impose other special conditions on the placement or occupancy of a recreational vehicle.
SECTION 12.
ORS 197.665 is amended to read:
197.665. (1) Residential homes [ shall be ] are a permitted use in:
(a) Any residential zone, including a residential zone which allows a [ single-family] single-unit
dwelling; and
(b) Any commercial zone which allows a [ single-family] single-unit dwelling.
Enrolled House Bill 2347 (HB 2347-A) Page 11
(2) A city or county may not impose any zoning requirement on the establishment and mainte-
nance of a residential home in a zone described in subsection (1) of this section that is more re-
strictive than a zoning requirement imposed on a [ single-family] single-unit dwelling in the same
zone.
(3) A city or county may:
(a) Allow a residential home in an existing dwelling in any area zoned for farm use, including
an exclusive farm use zone established under ORS 215.203;
(b) Impose zoning requirements on the establishment of a residential home in areas described in
paragraph (a) of this subsection, provided that these requirements are no more restrictive than those
imposed on other nonfarm [ single-family] single-unit dwellings in the same zone; and
(c) Allow a division of land for a residential home in an exclusive farm use zone only as de-
scribed in ORS 215.263 (9).
SECTION 13.
ORS 197.667 is amended to read:
197.667. (1) A residential facility [ shall be ] is a permitted use in any zone where [ multifamily
residential uses are ] multiunit housing is a permitted use.
(2) A residential facility [ shall be ] is a conditional use in any zone where [ multifamily residential
uses are ] multiunit housing is a conditional use.
(3) A city or county may allow a residential facility in a residential zone other than those zones
described in subsections (1) and (2) of this section, including a zone where a [ single-family] single-
unit dwelling is allowed.
(4) A city or county may require an applicant proposing to site a residential facility within its
jurisdiction to supply the city or county with a copy of the entire application and supporting doc-
umentation for state licensing of the facility, except for information [ which] that is exempt from
public disclosure under ORS 192.311 to 192.478. However, cities and counties [ shall] may not require
independent proof of the same conditions that have been required by the Department of Human
Services under ORS 418.205 to 418.327 for licensing of a residential facility.
SECTION 14.
ORS 197.670 is amended to read:
197.670. (1) [As of October 3, 1989, no ] A city or county [ shall] may not :
(a) Deny an application for the siting of a residential home in a residential or commercial zone
described in ORS 197.665 (1).
(b) Deny an application for the siting of a residential facility in a zone where [ multifamily resi-
dential uses are ] multiunit housing is allowed, unless the city or county has adopted a siting pro-
cedure which implements the requirements of ORS 197.667.
(2) Every city and county shall amend its zoning ordinance to comply with ORS 197.660 to
197.667 as part of periodic land use plan review occurring after January 1, 1990. Nothing in this
section prohibits a city or county from amending its zoning ordinance prior to periodic review.
SECTION 15. ORS 197.761 is amended to read:
197.761. Within the urban growth boundary of a city with a population greater than 25,000, local
governments shall allow, subject to reasonable local regulations relating to siting and design, the
development of at least one dwelling unit on each platted lot that is zoned to allow for
[single-family] single-unit dwellings, unless the local government determines that:
(1) The lot cannot be adequately served by water, sewer, storm water drainage or streets, or
will not be adequately served at the time that development on the lot is complete;
(2) The lot contains a slope of 25 percent or greater;
(3) The lot is within a 100-year floodplain; or
(4) Development of the lot is constrained by land use regulations based on statewide land use
planning goals relating to:
(a) Natural disasters and hazards; or
(b) Natural resources, including air, water, land, natural areas or open spaces, but not including
historic resources.
SECTION 16.
ORS 197A.015, as amended by section 1, chapter 102, Oregon Laws 2024, is
amended to read:
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197A.015. As used in this chapter:
(1) “Allocated housing need” means the housing need allocated to a city under ORS 184.453 (2)
as segmented by income level under ORS 184.453 (4).
(2) “Buildable lands” means lands in urban and urbanizable areas that are suitable, available
and necessary for the development of needed housing over a 20-year planning period, including both
vacant land and developed land likely to be redeveloped.
(3) “City” and “city with a population of 10,000 or greater” [ includes] include, regardless of size:
(a) Any city within Tillamook County and the communities of Barview/Twin Rocks/Watseco,
Cloverdale, Hebo, Neahkahnie, Neskowin, Netarts, Oceanside and Pacific City/Woods; and
(b) A county with respect to its jurisdiction over Metro urban unincorporated lands.
(4) “Development-ready lands” means buildable lands that are likely to support the production
of housing during the period of their housing production target under ORS 184.455 (1) because the
lands are:
(a) Currently annexed and zoned to allow housing through clear and objective standards and
procedures;
(b) Readily served through adjacent public facilities or identified for the near-term provision of
public facilities through an adopted capital improvement plan; and
(c) Not encumbered by any applicable local, state or federal protective regulations or have ap-
propriate entitlements to prepare the land for development.
(5) “Government assisted housing” means housing that is financed in whole or part by either a
federal or state housing agency or a housing authority as defined in ORS 456.005, or housing that
is occupied by a tenant or tenants who benefit from rent supplements or housing vouchers provided
by either a federal or state housing agency or a local housing authority.
(6) “Housing capacity” means the number of needed housing units that can be developed on
buildable lands within the 20-year planning period based on the land’s comprehensive plan desig-
nation and capacity for housing development and redevelopment.
(7) “Housing production strategy” means a strategy adopted by a local government to promote
housing production under ORS 197A.100.
(8) “Manufactured dwelling,” “manufactured dwelling park,” “manufactured home” and “mobile
home park” have the meanings given those terms in ORS 446.003.
(9) “Metro urban unincorporated lands” means lands within the Metro urban growth boundary
that are identified by the county as:
(a) Not within a city;
(b) Zoned for urban development;
(c) Within the boundaries of a sanitary district or sanitary authority formed under ORS chapter
450 or a district formed for the purposes of sewage works under ORS chapter 451;
(d) Within the service boundaries of a water provider with a water system subject to regulation
as described in ORS 448.119; and
(e) Not zoned with a designation that maintains the land’s potential for future urbanization.
(10) “Periodic review” means the process and procedures as set forth in ORS 197.628 to 197.651.
(11) “Prefabricated structure” means a prefabricated structure, as defined in ORS 455.010, that
is relocatable, more than eight and one-half feet wide and designed for use as a [ single-family]
single-unit dwelling.
SECTION 17.
ORS 197A.018, as amended by section 36, chapter 102, Oregon Laws 2024, is
amended to read:
197A.018. (1) As used in ORS chapter 197A, and except as provided in subsection (2) of this
section:
(a) “Needed housing” means housing by affordability level, as described in ORS 184.453 (4), type,
characteristics and location that is necessary to accommodate the city’s allocated housing need over
the 20-year planning period in effect when the city’s housing capacity is determined.
(b) “Needed housing” includes the following housing types:
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(A) Detached [ single-family housing ] single-unit dwellings , middle housing types as described
in ORS 197A.420 and [ multifamily] multiunit housing that is owned or rented;
(B) Government assisted housing;
(C) Mobile home or manufactured dwelling parks as provided in ORS 197.475 to 197.490;
(D) Manufactured homes on individual lots planned and zoned for [ single-family] single-unit
residential use that are in addition to lots within designated manufactured dwelling subdivisions;
(E) Housing for agricultural workers;
(F) Housing for individuals with a variety of disabilities, related to mobility or communications,
that require accessibility features;
(G) Housing for older persons, as defined in ORS 659A.421;
(H) Housing for college or university students, if relevant to the region; and
(I) Single room occupancies as defined in ORS 197A.430.
(2) Subsection (1)(b)(A) and (D) of this section does not apply to:
(a) A city with a population of less than 2,500.
(b) A county with a population of less than 15,000.
(3) At the time that a city is required to inventory its buildable lands under ORS 197A.270 (2),
197A.280 (2) or 197A.335 (1), the city shall determine its needed housing under this section.
(4) In determining needed housing the city must demonstrate that the projected housing types,
characteristics and locations are:
(a) Attainable for the allocated housing need by income, including consideration of publicly
supported housing;
(b) Appropriately responsive to current and projected market trends; and
(c) Responsive to the factors in ORS 197A.100 (2)(b) to (d).
SECTION 18.
ORS 197A.245 is amended to read:
197A.245. (1) To ensure that the supply of land available for urbanization is maintained:
(a) Local governments may cooperatively designate lands outside urban growth boundaries as
urban reserves subject to ORS 197.610 to 197.625 and 197.626.
(b) Alternatively, Metro and a county or a city and a county may enter into a written agreement
pursuant to ORS 190.003 to 190.130, 195.025 or 197.652 to 197.658 to designate urban reserves. A
process and criteria developed pursuant to this paragraph are an alternative to a process or criteria
adopted pursuant to paragraph (a) of this subsection.
(2) The Land Conservation and Development Commission may require a local government to
designate urban reserves pursuant to subsection (1)(a) of this section during its periodic review in
accordance with the conditions for periodic review under ORS 197.628.
(3) In carrying out subsections (1) and (2) of this section:
(a) Within an urban reserve, a local government may not prohibit the siting on a legal parcel
of a [ single family ] single-unit dwelling that would otherwise have been allowed under law existing
prior to designation as an urban reserve.
(b) The commission shall provide to local governments a list of options, rather than prescribing
a single planning technique, to ensure the efficient transition from rural to urban use in urban re-
serves.
(4) Urban reserves designated under this section must be planned to accommodate population
and employment growth for:
(a) At least 40 years and not more than 50 years; or
(b) At least 20 years, and not more than 30 years, after the 20-year period for which the local
government has inventoried buildable lands under ORS 197A.270, 197A.280 or 197A.350.
(5) Urban reserves may be established at any time without regard to a schedule under ORS
197A.270 (2), 197A.280 (2) or 197A.350 (2).
(6) The designation of urban reserves under subsection (1)(b) of this section must be based upon
consideration of factors including, but not limited to, whether land proposed for designation as ur-
ban reserves, alone or in conjunction with land inside the urban growth boundary:
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(a) Can be developed at urban densities in a way that makes efficient use of existing and future
public infrastructure investments;
(b) Includes sufficient development capacity to support a healthy urban economy;
(c) Can be served by public schools and other urban-level public facilities and services efficiently
and cost-effectively by appropriate and financially capable service providers;
(d) Can be designed to be walkable and served by a well-connected system of streets by appro-
priate service providers;
(e) Can be designed to preserve and enhance natural ecological systems; and
(f) Includes sufficient land suitable for a range of housing types.
(7) A county may take an exception under ORS 197.732 to a statewide land use planning goal
to allow the establishment of a transportation facility in an area designated as urban reserve under
this section.
(8) The commission shall adopt by goal or by rule a process and criteria for designating urban
reserves pursuant to this section.
SECTION 19.
ORS 197A.270 is amended to read:
197A.270. (1) This section applies only to local governments with jurisdiction over lands inside
the urban growth boundary of:
(a) Cities located outside Metro with a population of 25,000 or greater; and
(b) Cities that meet factors established by the Land Conservation and Development Commission
in consideration of the city’s size, rate of population growth or proximity to another city with a
population of 25,000 or greater or to Metro.
(2) A local government shall determine its needed housing under ORS 197A.018 and inventory
its buildable lands and determine the lands’ housing capacity under this section:
(a) At periodic review under ORS 197.628 to 197.651;
(b) As scheduled by the commission at least once each eight years; or
(c) At any other legislative review of the comprehensive plan that concerns the urban growth
boundary and requires the application of a statewide planning goal related to buildable lands for
residential use.
(3) For the purpose of determining housing capacity and inventory of buildable lands under
subsection (2) of this section:
(a) “Buildable lands” includes:
(A) Vacant lands planned or zoned for residential use;
(B) Partially vacant lands planned or zoned for residential use;
(C) Lands that may be used for a mix of residential and employment uses under the existing
planning or zoning; and
(D) Lands that may be used for residential infill or redevelopment.
(b) The local government shall consider:
(A) The extent that residential development is prohibited or restricted by local regulation and
ordinance, state law and rule or federal statute and regulation;
(B) A written long term contract or easement for radio, telecommunications or electrical facili-
ties, if the written contract or easement is provided to the local government; and
(C) The presence of a [ single family ] single-unit dwelling or other structure on a lot or parcel.
(c) Except for land that may be used for residential infill or redevelopment, the local government
shall create a map or document that may be used to verify and identify specific lots or parcels that
have been determined to be buildable lands.
(4)(a) Except as provided in paragraphs (b) and (c) of this subsection, the determination of
housing capacity must be based on data related to land within the urban growth boundary that has
been collected since the last review under subsection (2)(b) of this section. The data must include:
(A) The number, density and average mix of housing types of urban residential development that
have actually been developed;
(B) Trends in density and average mix of housing types of urban residential development;
(C) Market factors that may substantially impact future urban residential development;
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(D) The number, density and average mix of housing types that have been developed on
buildable lands;
(E) Consideration of the effects of the adopted housing production strategy and measures taken
and reasonably anticipated to be taken to implement the strategy; and
(F) Consideration of factors that influence available housing supply, including short-term rentals,
second homes and vacation homes.
(b) A local government shall make the determination described in paragraph (a) of this sub-
section using data from a shorter time period than the time period described in paragraph (a) of this
subsection if the local government finds that the shorter time period will provide more accurate and
reliable data related to housing capacity. The shorter time period may not be less than three years.
(c) A local government shall use data from a wider geographic area or use a time period longer
than the time period described in paragraph (a) of this subsection if the analysis of a wider ge-
ographic area or the use of data from a longer time period will provide more accurate, complete and
reliable data related to trends affecting housing need than an analysis performed pursuant to para-
graph (a) of this subsection. The local government must clearly describe the geographic area, time
frame and source of data used in a determination performed under this paragraph.
(5) If the needed housing is greater than the housing capacity, the local government shall take
one or both of the following actions to accommodate allocated housing need for which there is in-
sufficient housing capacity to accommodate over the next 20 years:
(a) Amend its urban growth boundary to include sufficient buildable lands to accommodate al-
located housing need for the next 20 years consistent with the requirements of ORS 197A.285 and
statewide planning goals. As part of this process, the local government shall consider the effects of
actions taken pursuant to paragraph (b) of this subsection. The amendment must include sufficient
land reasonably necessary to accommodate the siting of new public school facilities. The need and
inclusion of lands for new public school facilities must be a coordinated process between the af-
fected public school districts and the local government that has the authority to approve the urban
growth boundary.
(b) Take any action under ORS 197A.100 (3), whether or not the action was described in an
approved housing production strategy, that demonstrably increases housing capacity or produces
additional needed housing. Actions under this paragraph may include amending a comprehensive
plan or land use regulations to include new measures that demonstrably increase the likelihood that
residential development will occur at densities sufficient to accommodate needed housing for the
next 20 years without expansion of the urban growth boundary.
(6) A local government that takes any actions under subsection (5) of this section shall:
(a) Demonstrate that the comprehensive plan and land use regulations comply with goals and
rules adopted by the commission.
(b) Adopt findings regarding the changes in housing capacity assumed to result from actions
adopted based on data collected under subsection (4)(a) of this section. The density expectations may
not project an increase in residential capacity above achieved density by more than three percent
without quantifiable validation of such departures. A quantifiable validation must demonstrate that
the assumed housing capacity has been achieved in areas that are zoned to allow no greater than
the same authorized density level, as defined in ORS 227.175, within the local government’s juris-
diction or a jurisdiction in the same region.
(c) In establishing that actions adopted under subsection (5) of this section demonstrably in-
crease housing capacity, ensure that buildable lands are in locations appropriate for needed housing,
are zoned at density ranges that are likely to be achieved by the housing market and are in areas
where sufficient urban services are planned to enable the higher density development to occur over
the 20-year period.
SECTION 20.
ORS 197A.348, as amended by section 34, chapter 102, Oregon Laws 2024, is
amended to read:
197A.348. (1) Notwithstanding the definition of “needed housing” in ORS 197A.018, as used
in ORS 197A.350 and this section, “needed housing” means all housing on land zoned for residential
Enrolled House Bill 2347 (HB 2347-A) Page 16
use or mixed residential and commercial use that is determined to meet the need shown for housing
within an urban growth boundary at price ranges and rent levels that are affordable to households
within the county with a variety of incomes, including but not limited to households with low in-
comes, very low incomes and extremely low incomes, as those terms are defined by the United
States Department of Housing and Urban Development under 42 U.S.C. 1437a. “Needed housing”
includes the following housing types:
(a) Attached and detached [ single-family housing ] single-unit dwellings , middle housing types
as described in ORS 197A.420 and [ multiple family ] multiunit housing for both owner and renter
occupancy;
(b) Government assisted housing;
(c) Mobile home or manufactured dwelling parks as provided in ORS 197.475 to 197.490;
(d) Manufactured homes on individual lots planned and zoned for [ single-family] single-unit
residential use that are in addition to lots within designated manufactured dwelling subdivisions;
(e) Agriculture workforce housing; and
(f) Single room occupancies as defined in ORS 197A.430.
(2) For the purpose of estimating housing needs, as described in ORS 197A.350 (3)(b), Metro shall
adopt findings and perform an analysis that estimates each of the following factors:
(a) Projected needed housing units over the next 20 years;
(b) Current housing underproduction;
(c) Housing units needed for people experiencing homelessness; and
(d) Housing units projected to be converted into vacation homes or second homes during the
next 20 years.
(3) Metro shall make the estimate described in subsection (2) of this section using a shorter time
period than since the last review under ORS 197A.350 (2)(a)(B) if Metro finds that the shorter time
period will provide more accurate and reliable data related to housing need. The shorter time period
may not be less than three years.
(4) Metro shall use data from a wider geographic area or use a time period longer than the time
period described in subsection (2) of this section if the analysis of a wider geographic area or the
use of a longer time period will provide more accurate, complete and reliable data relating to trends
affecting housing need than an analysis performed pursuant to subsection (2) of this section. Metro
must clearly describe the geographic area, time frame and source of data used in an estimate per-
formed under this subsection.
(5) Subsection (1)(a) and (d) of this section does not apply to a city with a population of less than
2,500.
(6) Metro may take an exception under ORS 197.732 to the definition of “needed housing” in
subsection (1) of this section in the same manner that an exception may be taken under the goals.
SECTION 21.
ORS 197A.350 is amended to read:
197A.350. (1) This section applies only to Metro.
(2)(a) Metro shall demonstrate that its regional framework plan provides sufficient buildable
lands within the urban growth boundary established pursuant to statewide planning goals to ac-
commodate estimated housing needs for 20 years:
(A) At periodic review under ORS 197.628 to 197.651;
(B) As scheduled by the Land Conservation and Development Commission at least once each six
years; or
(C) At any other legislative review of the regional framework plan that concerns the urban
growth boundary and requires the application of a statewide planning goal relating to buildable
lands for residential use.
(b) The 20-year period shall commence on the date initially scheduled for completion of the re-
view under paragraph (a) of this subsection.
(3) In performing the duties under subsection (2) of this section, Metro shall:
(a) Inventory the supply of buildable lands within the urban growth boundary and determine the
housing capacity of the buildable lands; and
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(b) Conduct an analysis of existing and projected housing need by type and density range, in
accordance with all factors under ORS 197A.348 and statewide planning goals and rules relating to
housing, to determine the number of units and amount of land needed for each needed housing type
for the next 20 years.
(4)(a) For the purpose of the inventory described in subsection (3)(a) of this section, “buildable
lands” includes:
(A) Vacant lands planned or zoned for residential use;
(B) Partially vacant lands planned or zoned for residential use;
(C) Lands that may be used for a mix of residential and employment uses under the existing
planning or zoning; and
(D) Lands that may be used for residential infill or redevelopment.
(b) For the purpose of the inventory and determination of housing capacity described in sub-
section (3)(a) of this section, Metro must demonstrate consideration of:
(A) The extent that residential development is prohibited or restricted by local regulation and
ordinance, state law and rule or federal statute and regulation;
(B) A written long term contract or easement for radio, telecommunications or electrical facili-
ties, if the written contract or easement is provided to Metro;
(C) The presence of a [ single family ] single-unit dwelling or other structure on a lot or parcel;
and
(D) Factors that influence available housing supply, including short-term rentals, second homes
and vacation homes.
(c) Except for land that may be used for residential infill or redevelopment, Metro shall create
a map or document that may be used to verify and identify specific lots or parcels that have been
determined to be buildable lands.
(5)(a) Except as provided in paragraphs (b) and (c) of this subsection, the determination of
housing capacity pursuant to subsection (3)(a) of this section must be based on data relating to land
within the urban growth boundary that has been collected since the last review under subsection
(2)(a)(B) of this section.The data shall include:
(A) The number, density and average mix of housing types of urban residential development that
have actually occurred;
(B) Trends in density and average mix of housing types of urban residential development;
(C) Market factors that may substantially impact future urban residential development; and
(D) The number, density and average mix of housing types that have occurred on the buildable
lands described in subsection (4)(a) of this section.
(b) Metro shall make the determination described in paragraph (a) of this subsection using a
shorter time period than the time period described in paragraph (a) of this subsection if Metro finds
that the shorter time period will provide more accurate and reliable data related to housing capac-
ity. The shorter time period may not be less than three years.
(c) Metro shall use data from a wider geographic area or use a time period longer than the time
period described in paragraph (a) of this subsection if the analysis of a wider geographic area or the
use of a longer time period will provide more accurate, complete and reliable data relating to trends
affecting housing need than an analysis performed pursuant to paragraph (a) of this subsection.
Metro must clearly describe the geographic area, time frame and source of data used in a determi-
nation performed under this paragraph.
(6) If the housing need determined pursuant to subsection (3)(b) of this section is greater than
the housing capacity determined pursuant to subsection (3)(a) of this section, Metro shall take one
or both of the following actions to accommodate the additional housing need:
(a) Amend its urban growth boundary to include sufficient buildable lands to accommodate
housing needs for the next 20 years. As part of this process, Metro shall consider the effects of
measures taken pursuant to paragraph (b) of this subsection. The amendment shall include sufficient
land reasonably necessary to accommodate the siting of new public school facilities. The need and
inclusion of lands for new public school facilities shall be a coordinated process between the af-
Enrolled House Bill 2347 (HB 2347-A) Page 18
fected public school districts and Metro that has the authority to approve the urban growth
boundary.
(b) Amend its regional framework plan, functional plan or land use regulations to include new
measures that demonstrably increase the likelihood that residential development will occur at den-
sities sufficient to accommodate housing needs for the next 20 years without expansion of the urban
growth boundary. If Metro takes this action, Metro shall adopt findings regarding the density ex-
pectations assumed to result from measures adopted under this paragraph based upon the factors
listed in ORS 197A.348 (2) and data in subsection (5)(a) of this section. The density expectations may
not project an increase in residential capacity above achieved density by more than three percent
without quantifiable validation of such departures. A quantifiable validation must demonstrate that
the assumed housing capacity has been achieved in areas within Metro that are zoned to allow no
greater than the same authorized density level, as defined in ORS 227.175.
(7) Using the housing [ need] needs analysis conducted under subsection (3)(b) of this section,
Metro shall determine the overall average density and overall mix of housing types at which resi-
dential development of needed housing types must occur in order to meet housing needs over the
next 20 years. If that density is greater than the actual density of development determined under
subsection (5)(a)(A) of this section, or if that mix is different from the actual mix of housing types
determined under subsection (5)(a)(A) of this section, Metro, as part of its periodic review, shall
adopt measures that demonstrably increase the likelihood that residential development will occur
at the housing types and density and at the mix of housing types required to meet housing needs
over the next 20 years.
(8) Metro shall determine the density and mix of housing types anticipated as a result of actions
taken under subsections (6) and (7) of this section and monitor and record the actual density and
mix of housing types achieved following the adoption of these actions. Metro shall compare actual
and anticipated density and mix. Metro shall submit its comparison to the commission at the next
review of its urban growth boundary under subsection (2)(a) of this section.
(9) In establishing that actions and measures adopted under subsections (6) and (7) of this sec-
tion demonstrably increase the likelihood of higher density residential development, Metro shall at
a minimum ensure that land zoned for needed housing is in locations appropriate for the housing
types identified under subsection (3) of this section, is zoned at density ranges that are likely to be
achieved by the housing market using the analysis in subsection (3) of this section and is in areas
where sufficient urban services are planned to enable the higher density development to occur over
the 20-year period. Actions or measures, or both, may include those actions listed in ORS 197A.100
(3).
SECTION 22.
ORS 197A.370 is amended to read:
197A.370. (1) A metropolitan service district organized under ORS chapter 268 shall compile and
report to the Department of Land Conservation and Development on performance measures as de-
scribed in this section at least once every two years. The information shall be reported in a manner
prescribed by the department.
(2) Performance measures subject to subsection (1) of this section shall be adopted by a metro-
politan service district and shall include but are not limited to measures that analyze the following:
(a) The rate of conversion of vacant land to improved land;
(b) The density and price ranges of residential development, including both [ single family and
multifamily residential units ] single-unit and multiunit housing ;
(c) The level of job creation within individual cities and the urban areas of a county inside the
metropolitan service district;
(d) The number of residential units added to small sites assumed to be developed in the metro-
politan service district’s inventory of available lands but which can be further developed, and the
conversion of existing spaces into more compact units with or without the demolition of existing
buildings;
(e) The amount of environmentally sensitive land that is protected and the amount of environ-
mentally sensitive land that is developed;
Enrolled House Bill 2347 (HB 2347-A) Page 19
(f) The sales price of vacant land;
(g) Residential vacancy rates;
(h) Public access to open spaces; and
(i) Transportation measures including mobility, accessibility and air quality indicators.
SECTION 23.
ORS 197A.395 is amended to read:
197A.395. (1) A local government may not prohibit from all residential zones attached or de-
tached [ single-family housing, multifamily housing ] single-unit or multiunit housing for both owner
and renter occupancy, manufactured homes or prefabricated structures. A city or county may not
prohibit government assisted housing or impose additional approval standards on government as-
sisted housing that are not applied to similar but unassisted housing.
(2)(a) A [ single-family] single-unit dwelling for a farmworker and the farmworker’s immediate
family is a permitted use in any residential or commercial zone that allows [ single-family] single-
unit dwellings as a permitted use.
(b) A city or county may not impose a zoning requirement on the establishment and maintenance
of a [ single-family] single-unit dwelling for a farmworker and the farmworker’s immediate family in
a residential or commercial zone described in paragraph (a) of this subsection that is more restric-
tive than a zoning requirement imposed on other [ single-family] single-unit dwellings in the same
zone.
(3)(a) [ Multifamily] Multiunit housing for farmworkers and farmworkers’ immediate families is
a permitted use in any residential or commercial zone that allows [ multifamily] multiunit housing
generally as a permitted use.
(b) A city or county may not impose a zoning requirement on the establishment and maintenance
of [ multifamily] multiunit housing for farmworkers and farmworkers’ immediate families in a resi-
dential or commercial zone described in paragraph (a) of this subsection that is more restrictive
than a zoning requirement imposed on other [ multifamily] multiunit housing in the same zone.
(4) A city or county may not prohibit a property owner or developer from maintaining a real
estate sales office in a subdivision or planned community containing more than 50 lots or dwelling
units for the sale of lots or dwelling units that remain available for sale to the public.
SECTION 24.
ORS 197A.420 is amended to read:
197A.420. (1) As used in this section:
(a) “City” or “city with a population of 25,000 or greater” includes, regardless of size, any city
within Tillamook County and the communities of Barview/Twin Rocks/Watseco, Cloverdale, Hebo,
Neahkahnie, Neskowin, Netarts, Oceanside and Pacific City/Woods.
(b) “Cottage clusters” means groupings of no fewer than four detached housing units per acre
with a footprint of less than 900 square feet each and that include a common courtyard.
(c) “Middle housing” means:
(A) Duplexes;
(B) Triplexes;
(C) Quadplexes;
(D) Cottage clusters; and
(E) Townhouses.
(d) “Townhouses” means a dwelling unit constructed in a row of two or more attached units,
where each dwelling unit is located on an individual lot or parcel and shares at least one common
wall with an adjacent unit.
(2) Except as provided in subsection (4) of this section, each city with a population of 25,000 or
greater and each county or city within a metropolitan service district shall allow the development
of:
(a) All middle housing types in areas zoned for residential use that allow for the development
of detached [ single-family] single-unit dwellings; and
(b) A duplex on each lot or parcel zoned for residential use that allows for the development of
detached [ single-family] single-unit dwellings.
Enrolled House Bill 2347 (HB 2347-A) Page 20
(3) Except as provided in subsection (4) of this section, each city not within a metropolitan
service district with a population of 2,500 or greater and less than 25,000 shall allow the develop-
ment of a duplex on each lot or parcel zoned for residential use that allows for the development of
detached [ single-family] single-unit dwellings. Nothing in this subsection prohibits a local govern-
ment from allowing middle housing types in addition to duplexes.
(4)(a) Except within Tillamook County, this section does not apply to:
(A) Cities with a population of 1,000 or fewer, except inside of Tillamook County;
(B) Lands not within an urban growth boundary;
(C) Lands that are not incorporated and also lack sufficient urban services, as defined in ORS
195.065; or
(D) Lands that are not incorporated and are zoned under an interim zoning designation that
maintains the land’s potential for planned urban development.
(b) This section does not apply to lands that are not zoned for residential use, including lands
zoned primarily for commercial, industrial, agricultural or public uses.
(5) Local governments may regulate siting and design of middle housing required to be permitted
under this section, provided that the regulations do not, individually or cumulatively, discourage the
development of all middle housing types permitted in the area through unreasonable costs or delay.
Local governments may regulate middle housing to comply with protective measures adopted pur-
suant to statewide land use planning goals.
(6) This section does not prohibit local governments from permitting:
(a) [Single-family] Single-unit dwellings in areas zoned to allow for [ single-family] single-unit
dwellings; or
(b) Middle housing in areas not required under this section.
(7) A local government that amends its comprehensive plan or land use regulations relating to
allowing additional middle housing is not required to consider whether the amendments significantly
affect an existing or planned transportation facility.
SECTION 25.
ORS 197A.425 is amended to read:
197A.425. (1)(a) A city with a population greater than 2,500 or a county with a population
greater than 15,000 shall allow in areas within the urban growth boundary that are zoned for de-
tached [ single-family] single-unit dwellings the development of at least one accessory dwelling unit
for each detached [ single-family] single-unit dwelling, subject to reasonable local regulations relat-
ing to siting and design.
(b) As used in this subsection:
(A) “Accessory dwelling unit” means an interior, attached or detached residential structure that
is used in connection with or that is accessory to a [ single-family] single-unit dwelling.
(B) “Reasonable local regulations relating to siting and design” does not include owner-
occupancy requirements of either the primary or accessory structure or requirements to construct
additional off-street parking.
(2) Subsection (1) of this section does not prohibit local governments from regulating vacation
occupancies, as defined in ORS 90.100, to require owner-occupancy or off-street parking.
SECTION 26.
ORS 197A.430 is amended to read:
197A.430. (1) As used in this section, “single room occupancy” means a residential development
with no fewer than four attached units that are independently rented and lockable and provide liv-
ing and sleeping space for the exclusive use of an occupant, but require that the occupant share
sanitary or food preparation facilities with other units in the occupancy.
(2) Within an urban growth boundary, each local government shall allow the development of a
single room occupancy:
(a) With up to six units on each lot or parcel zoned to allow for the development of a detached
[single-family] single-unit dwelling; and
(b) With the number of units consistent with the density standards of a lot or parcel zoned to
allow for the development of residential dwellings with five or more units.
SECTION 27. ORS 197A.465 is amended to read:
Enrolled House Bill 2347 (HB 2347-A) Page 21
197A.465. (1) As used in this section:
(a) “Affordable housing” means housing that is affordable to households with incomes equal to
or higher than 80 percent of the median family income for the county in which the housing is built.
(b) “[ Multifamily structure ] Multiunit housing ” means a structure that contains three or more
housing units sharing at least one wall, floor or ceiling surface in common with another unit within
the same structure.
(2) Except as provided in subsection (3) of this section, a metropolitan service district may not
adopt a land use regulation or functional plan provision, or impose as a condition for approving a
permit under ORS 215.427 or 227.178 a requirement, that has the effect of establishing the sales or
rental price for a housing unit or residential building lot or parcel, or that requires a housing unit
or residential building lot or parcel to be designated for sale or rent to a particular class or group
of purchasers or renters.
(3) The provisions of subsection (2) of this section do not limit the authority of a metropolitan
service district to:
(a) Adopt or enforce a use regulation, provision or requirement creating or implementing an
incentive, contract commitment, density bonus or other voluntary regulation, provision or require-
ment designed to increase the supply of moderate or lower cost housing units; or
(b) Enter into an affordable housing covenant as provided in ORS 456.270 to 456.295.
(4) Notwithstanding ORS 91.225, a city or county may adopt a land use regulation or functional
plan provision, or impose as a condition for approving a permit under ORS 215.427 or 227.178 a re-
quirement, that has the effect of establishing the sales or rental price for [ a new multifamily struc-
ture] new multiunit housing , or that requires [ a new multifamily structure ] new multiunit housing
to be designated for sale or rent as affordable housing.
(5) A regulation, provision or requirement adopted or imposed under subsection (4) of this sec-
tion:
(a) May not require more than 20 percent of multiunit housing units [ within a multifamily
structure] to be sold or rented as affordable housing.
(b) May apply only to [ multifamily structures] multiunit housing containing at least 20 housing
units.
(c) Must provide developers the option to pay an in-lieu fee, in an amount determined by the
city or county, in exchange for providing the requisite number of housing units within the [ multi-
family structure ] multiunit housing to be sold or rented at below-market rates.
(d) Must require the city or county to offer a developer of [ multifamily structures ] multiunit
housing, other than a developer that elects to pay an in-lieu fee pursuant to paragraph (c) of this
subsection, at least one of the following incentives:
(A) Whole or partial fee waivers or reductions.
(B) Whole or partial waivers of system development charges or impact fees set by the city or
county.
(C) Finance-based incentives.
(D) Full or partial exemption from ad valorem property taxes on the terms described in this
subparagraph. For purposes of any statute granting a full or partial exemption from ad valorem
property taxes that uses a definition of “low income” to mean income at or below 60 percent of the
area median income and for which the [ multifamily structure] multiunit housing is otherwise eligi-
ble, the city or county shall allow the [ multifamily structure] multiunit housing of the developer to
qualify using a definition of “low income” to mean income at or below 80 percent of the area median
income.
(e) Does not apply to a CCRC, as defined in ORS 101.020, that executes and records a covenant
with the applicable city or county in which the CCRC agrees to operate all units within its structure
as a CCRC. Units within a CCRC that are offered or converted into residential units that are for
sale or rent and are not subject to ORS chapter 101 must comply with regulations, provisions or
requirements adopted by the city or county that are consistent with those applicable to [ a new
multifamily structure] new multiunit housing under subsection (3) or (4) of this section.
Enrolled House Bill 2347 (HB 2347-A) Page 22
(6) A regulation, provision or requirement adopted or imposed under subsection (4) of this sec-
tion may offer developers one or more of the following incentives:
(a) Density adjustments.
(b) Expedited service for local permitting processes.
(c) Modification of height, floor area or other site-specific requirements.
(d) Other incentives as determined by the city or county.
(7) Subsection (4) of this section does not restrict the authority of a city or county to offer de-
velopers voluntary incentives, including incentives to:
(a) Increase the number of affordable housing units in a development.
(b) Decrease the sale or rental price of affordable housing units in a development.
(c) Build affordable housing units that are affordable to households with incomes equal to or
lower than 80 percent of the median family income for the county in which the housing is built.
(8)(a) A city or county that adopts or imposes a regulation, provision or requirement described
in subsection (4) of this section may not apply the regulation, provision or requirement to any
[multifamily structure] multiunit housing for which an application for a permit, as defined in ORS
215.402 or 227.160, has been submitted as provided in ORS 215.416 or 227.178 (3), or, if such a permit
is not required, a building permit application has been submitted to the city or county prior to the
effective date of the regulation, provision or requirement.
(b) If [ a multifamily structure ] multiunit housing described in paragraph (a) of this subsection
has not been completed within the period required by the permit issued by the city or county, the
developer of the [multifamily structure ] multiunit housing shall resubmit an application for a per-
mit, as defined in ORS 215.402 or 227.160, as provided in ORS 215.416 or 227.178 (3), or, if such a
permit is not required, a building permit application under the regulation, provision or requirement
adopted by the city or county under subsection (4) of this section.
(9)(a) A city or county that adopts or imposes a regulation, provision or requirement under
subsection (4) of this section shall adopt and apply only clear and objective standards, conditions
and procedures regulating the development of affordable housing units within its jurisdiction. The
standards, conditions and procedures may not have the effect, either individually or cumulatively,
of discouraging development of affordable housing units through unreasonable cost or delay.
(b) Paragraph (a) of this subsection does not apply to:
(A) An application or permit for residential development in an area identified in a formally
adopted central city plan, or a regional center as defined by Metro, in a city with a population of
500,000 or more.
(B) An application or permit for residential development in historic areas designated for pro-
tection under a land use planning goal protecting historic areas.
(c) In addition to an approval process for affordable housing based on clear and objective
standards, conditions and procedures as provided in paragraph (a) of this subsection, a city or
county may adopt and apply an alternative approval process for applications and permits for resi-
dential development based on approval criteria regulating, in whole or in part, appearance or aes-
thetics that are not clear and objective if:
(A) The developer retains the option of proceeding under the approval process that meets the
requirements of paragraph (a) of this subsection;
(B) The approval criteria for the alternative approval process comply with applicable statewide
land use planning goals and rules; and
(C) The approval criteria for the alternative approval process authorize a density at or above
the density level authorized in the zone under the approval process provided in paragraph (a) of this
subsection.
(10) If a regulation, provision or requirement adopted or imposed by a city or county under
subsection (4) of this section requires that a percentage of housing units in [ a new multifamily
structure] new multiunit housing be designated as affordable housing, any incentives offered under
subsection (5)(d) or (6) of this section [ shall] must be related in a manner determined by the city
or county to the required percentage of affordable housing units.
Enrolled House Bill 2347 (HB 2347-A) Page 23
SECTION 28. ORS 197A.470 is amended to read:
197A.470. (1) As used in this section:
(a) “Affordable housing” means housing that is affordable to households with incomes equal to
or less than 60 percent of the median family income for the county in which the development is built
or for the state, whichever is greater, that is subject to an affordable housing covenant, as provided
in ORS 456.270 to 456.295, that maintains the affordability for a period of not less than 60 years from
the date of the certificate of occupancy.
(b) “[ Multifamily residential building ] Multiunit housing ” means a building in which three or
more residential units each have space for eating, living and sleeping and permanent provisions for
cooking and sanitation.
(2) Notwithstanding ORS 215.427 (1) or 227.178 (1), a city with a population greater than 5,000
or a county with a population greater than 25,000 shall take final action on an application qualifying
under subsection (3) of this section, including resolution of all local appeals under ORS 215.422 or
227.180, within 100 days after the application is deemed complete.
(3) An application qualifies for final action within the timeline described in subsection (2) of this
section if:
(a) The application is submitted to the city or the county under ORS 215.416 or 227.175;
(b) The application is for development of [ a multifamily residential building ] multiunit housing
containing five or more residential units within the urban growth boundary; and
(c) At least 50 percent of the residential units included in the development will be sold or rented
as affordable housing.
(4) A city or a county shall take final action within the time allowed under ORS 215.427 or
227.178 on any application for a permit, limited land use decision or zone change that does not
qualify for review and decision under subsection (3) of this section, including resolution of all ap-
peals under ORS 215.422 or 227.180, as provided by ORS 215.427 and 215.435 or by ORS 227.178 and
227.181.
(5) With respect to property within an urban growth boundary owned by a nonprofit corporation
organized as a religious corporation, a local government:
(a) May apply only restrictions or conditions of approval to the development of affordable
housing that are, notwithstanding ORS 197A.400 (2) or statewide land use planning goals relating
to protections for historic areas:
(A) Clear and objective as described in ORS 197A.400 (1); or
(B) Discretionary standards related to health, safety, habitability or infrastructure.
(b) Shall approve the development of affordable housing on property not zoned for housing if:
(A) The property is not zoned for industrial uses; and
(B) The property is contiguous to property zoned to allow residential uses.
(6) Affordable housing allowed under subsection (5)(b) of this section may be subject only to the
restrictions applicable to the contiguously zoned residential property as limited by subsection (5)(a)
of this section and without requiring that the property be rezoned for residential uses. If there is
more than one contiguous residential property, the zoning of the property with the greatest density
applies.
SECTION 29.
ORS 215.203 is amended to read:
215.203. (1) Zoning ordinances may be adopted to zone designated areas of land within the
county as exclusive farm use zones. Land within such zones shall be used exclusively for farm use
except as otherwise provided in ORS 215.213, 215.283 or 215.284. Farm use zones shall be established
only when such zoning is consistent with the comprehensive plan.
(2)(a) As used in this section, “farm use” means the current employment of land for the primary
purpose of obtaining a profit in money by raising, harvesting and selling crops or the feeding,
breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or
honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural
use or animal husbandry or any combination thereof. “Farm use” includes the preparation, storage
and disposal by marketing or otherwise of the products or by-products raised on such land for hu-
Enrolled House Bill 2347 (HB 2347-A) Page 24
man or animal use. “Farm use” also includes the current employment of land for the primary pur-
pose of obtaining a profit in money by stabling or training equines including but not limited to
providing riding lessons, training clinics and schooling shows. “Farm use” also includes the propa-
gation, cultivation, maintenance and harvesting of aquatic, bird and animal species that are under
the jurisdiction of the State Fish and Wildlife Commission, to the extent allowed by the rules
adopted by the commission. “Farm use” includes the on-site construction and maintenance of
equipment and facilities used for the activities described in this subsection. “Farm use” does not
include the use of land subject to the provisions of ORS chapter 321, except land used exclusively
for growing cultured Christmas trees or land described in ORS 321.267 (3) or 321.824 (3).
(b) As used in this subsection, “current employment” of land for farm use includes:
(A) Farmland, the operation or use of which is subject to any farm-related government program;
(B) Land lying fallow for one year as a normal and regular requirement of good agricultural
husbandry;
(C) Land planted in orchards or other perennials, other than land specified in subparagraph (D)
of this paragraph, prior to maturity;
(D) Land not in an exclusive farm use zone which has not been eligible for assessment at special
farm use value in the year prior to planting the current crop and has been planted in orchards,
cultured Christmas trees or vineyards for at least three years;
(E) Wasteland, in an exclusive farm use zone, dry or covered with water, neither economically
tillable nor grazeable, lying in or adjacent to and in common ownership with a farm use land and
which is not currently being used for any economic farm use;
(F) Except for land under a [ single family ] single-unit dwelling, land under buildings supporting
accepted farm practices, including the processing facilities allowed by ORS 215.255 and the proc-
essing of farm crops into biofuel as commercial activities in conjunction with farm use under ORS
215.213 (2)(c) and 215.283 (2)(a);
(G) Water impoundments lying in or adjacent to and in common ownership with farm use land;
(H) Any land constituting a woodlot, not to exceed 20 acres, contiguous to and owned by the
owner of land specially valued for farm use even if the land constituting the woodlot is not utilized
in conjunction with farm use;
(I) Land lying idle for no more than one year where the absence of farming activity is due to
the illness of the farmer or member of the farmer’s immediate family. For purposes of this paragraph,
illness includes injury or infirmity whether or not such illness results in death;
(J) Any land described under ORS 321.267 (3) or 321.824 (3); and
(K) Land used for the processing of farm crops into biofuel, as defined in ORS 315.141, if:
(i) Only the crops of the landowner are being processed;
(ii) The biofuel from all of the crops purchased for processing into biofuel is used on the farm
of the landowner; or
(iii) The landowner is custom processing crops into biofuel from other landowners in the area
for their use or sale.
(c) As used in this subsection, “accepted farm practice” means a mode of operation that is
common to farms of a similar nature, necessary for the operation of such farms to obtain a profit
in money, and customarily utilized in conjunction with farm use.
(d) As used in this subsection, “cultured Christmas trees” means trees:
(A) Grown on lands used exclusively for that purpose, capable of preparation by intensive cul-
tivation methods such as plowing or turning over the soil;
(B) Of a marketable species;
(C) Managed to meet U.S. No. 2 or better standards for Christmas trees as specified by the
Agriculture Marketing Services of the United States Department of Agriculture; and
(D) Evidencing periodic maintenance practices of shearing for Douglas fir and pine species,
weed and brush control and one or more of the following practices: Basal pruning, fertilizing, insect
and disease control, stump culture, soil cultivation or irrigation.
SECTION 30.
ORS 215.213 is amended to read:
Enrolled House Bill 2347 (HB 2347-A) Page 25
215.213. (1) In counties that have adopted marginal lands provisions under ORS 197.247 (1991
Edition), the following uses may be established in any area zoned for exclusive farm use:
(a) Churches and cemeteries in conjunction with churches.
(b) The propagation or harvesting of a forest product.
(c) Utility facilities necessary for public service, including wetland waste treatment systems but
not including commercial facilities for the purpose of generating electrical power for public use by
sale or transmission towers over 200 feet in height. A utility facility necessary for public service
may be established as provided in:
(A) ORS 215.275; or
(B) If the utility facility is an associated transmission line, as defined in ORS 215.274 and
469.300.
(d) A dwelling on real property used for farm use if the dwelling is occupied by a relative of the
farm operator or the farm operator’s spouse, which means a child, parent, stepparent, grandchild,
grandparent, stepgrandparent, sibling, stepsibling, niece, nephew or first cousin of either, if the farm
operator does or will require the assistance of the relative in the management of the farm use and
the dwelling is located on the same lot or parcel as the dwelling of the farm operator.
Notwithstanding ORS 92.010 to 92.192 or the minimum lot or parcel size requirements under ORS
215.780, if the owner of a dwelling described in this paragraph obtains construction financing or
other financing secured by the dwelling and the secured party forecloses on the dwelling, the se-
cured party may also foreclose on the homesite, as defined in ORS 308A.250, and the foreclosure
shall operate as a partition of the homesite to create a new parcel.
(e) Nonresidential buildings customarily provided in conjunction with farm use.
(f) Subject to ORS 215.279, primary or accessory dwellings customarily provided in conjunction
with farm use. For a primary dwelling, the dwelling must be on a lot or parcel that is managed as
part of a farm operation and is not smaller than the minimum lot size in a farm zone with a mini-
mum lot size acknowledged under ORS 197.251.
(g) Operations for the exploration for and production of geothermal resources as defined by ORS
522.005 and oil and gas as defined by ORS 520.005, including the placement and operation of
compressors, separators and other customary production equipment for an individual well adjacent
to the wellhead. Any activities or construction relating to such operations shall not be a basis for
an exception under ORS 197.732 (2)(a) or (b).
(h) Operations for the exploration for minerals as defined by ORS 517.750. Any activities or
construction relating to such operations shall not be a basis for an exception under ORS 197.732
(2)(a) or (b).
(i) One manufactured dwelling or recreational vehicle, or the temporary residential use of an
existing building, in conjunction with an existing dwelling as a temporary use for the term of a
hardship suffered by the existing resident or a relative of the resident. Within three months of the
end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demol-
ished or, in the case of an existing building, the building shall be removed, demolished or returned
to an allowed nonresidential use. The governing body or its designee shall provide for periodic re-
view of the hardship claimed under this paragraph. A temporary residence approved under this
paragraph is not eligible for replacement under paragraph (q) of this subsection.
(j) Climbing and passing lanes within the right of way existing as of July 1, 1987.
(k) Reconstruction or modification of public roads and highways, including the placement of
utility facilities overhead and in the subsurface of public roads and highways along the public right
of way, but not including the addition of travel lanes, where no removal or displacement of buildings
would occur, or no new land parcels result.
(L) Temporary public road and highway detours that will be abandoned and restored to original
condition or use at such time as no longer needed.
(m) Minor betterment of existing public road and highway related facilities, such as maintenance
yards, weigh stations and rest areas, within right of way existing as of July 1, 1987, and contiguous
Enrolled House Bill 2347 (HB 2347-A) Page 26
public-owned property utilized to support the operation and maintenance of public roads and high-
ways.
(n) A replacement dwelling to be used in conjunction with farm use if the existing dwelling has
been listed in a county inventory as historic property as defined in ORS 358.480.
(o) Creation, restoration or enhancement of wetlands.
(p) A winery, as described in ORS 215.452 or 215.453.
(q) Alteration, restoration or replacement of a lawfully established dwelling, as described in ORS
215.291.
(r) Farm stands if:
(A) The structures are designed and used for the sale of farm crops or livestock grown on the
farm operation, or grown on the farm operation and other farm operations in the local agricultural
area, including the sale of retail incidental items and fee-based activity to promote the sale of farm
crops or livestock sold at the farm stand if the annual sale of incidental items and fees from pro-
motional activity do not make up more than 25 percent of the total annual sales of the farm stand;
and
(B) The farm stand does not include structures designed for occupancy as a residence or for
activity other than the sale of farm crops or livestock and does not include structures for banquets,
public gatherings or public entertainment.
(s) An armed forces reserve center, if the center is within one-half mile of a community college.
For purposes of this paragraph, “armed forces reserve center” includes an armory or National
Guard support facility.
(t) A site for the takeoff and landing of model aircraft, including such buildings or facilities as
may reasonably be necessary. Buildings or facilities shall not be more than 500 square feet in floor
area or placed on a permanent foundation unless the building or facility preexisted the use approved
under this paragraph. The site shall not include an aggregate surface or hard surface area unless
the surface preexisted the use approved under this paragraph. An owner of property used for the
purpose authorized in this paragraph may charge a person operating the use on the property rent
for the property. An operator may charge users of the property a fee that does not exceed the
operator’s cost to maintain the property, buildings and facilities. As used in this paragraph, “model
aircraft” means a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is
used or intended to be used for flight and is controlled by radio, lines or design by a person on the
ground.
(u) A facility for the processing of farm products as described in ORS 215.255.
(v) Fire service facilities providing rural fire protection services.
(w) Irrigation reservoirs, canals, delivery lines and those structures and accessory operational
facilities, not including parks or other recreational structures and facilities, associated with a dis-
trict as defined in ORS 540.505.
(x) Utility facility service lines. Utility facility service lines are utility lines and accessory fa-
cilities or structures that end at the point where the utility service is received by the customer and
that are located on one or more of the following:
(A) A public right of way;
(B) Land immediately adjacent to a public right of way, provided the written consent of all ad-
jacent property owners has been obtained; or
(C) The property to be served by the utility.
(y) Subject to the issuance of a license, permit or other approval by the Department of Envi-
ronmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in compliance with
rules adopted under ORS 468B.095, and as provided in ORS 215.246 to 215.251, the land application
of reclaimed water, agricultural or industrial process water or biosolids, or the onsite treatment of
septage prior to the land application of biosolids, for agricultural, horticultural or silvicultural
production, or for irrigation in connection with a use allowed in an exclusive farm use zone under
this chapter. For the purposes of this paragraph, onsite treatment of septage prior to the land ap-
plication of biosolids is limited to treatment using treatment facilities that are portable, temporary
Enrolled House Bill 2347 (HB 2347-A) Page 27
and transportable by truck trailer, as defined in ORS 801.580, during a period of time within which
land application of biosolids is authorized under the license, permit or other approval.
(z) Dog training classes or testing trials, which may be conducted outdoors or in farm buildings
in existence on January 1, 2019, when:
(A) The number of dogs participating in training does not exceed 10 dogs per training class and
the number of training classes to be held on-site does not exceed six per day; and
(B) The number of dogs participating in a testing trial does not exceed 60 and the number of
testing trials to be conducted on-site is limited to four or fewer trials per calendar year.
(aa) A cider business, as described in ORS 215.451.
(bb) A farm brewery, as described in ORS 215.449.
(2) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition),
the following uses may be established in any area zoned for exclusive farm use subject to ORS
215.296:
(a) A primary dwelling in conjunction with farm use or the propagation or harvesting of a forest
product on a lot or parcel that is managed as part of a farm operation or woodlot if the farm op-
eration or woodlot:
(A) Consists of 20 or more acres; and
(B) Is not smaller than the average farm or woodlot in the county producing at least $2,500 in
annual gross income from the crops, livestock or forest products to be raised on the farm operation
or woodlot.
(b) A primary dwelling in conjunction with farm use or the propagation or harvesting of a forest
product on a lot or parcel that is managed as part of a farm operation or woodlot smaller than re-
quired under paragraph (a) of this subsection, if the lot or parcel:
(A) Has produced at least $20,000 in annual gross farm income in two consecutive calendar
years out of the three calendar years before the year in which the application for the dwelling was
made or is planted in perennials capable of producing upon harvest an average of at least $20,000
in annual gross farm income; or
(B) Is a woodlot capable of producing an average over the growth cycle of $20,000 in gross an-
nual income.
(c) Commercial activities that are in conjunction with farm use, including the processing of farm
crops into biofuel not permitted under ORS 215.203 (2)(b)(K) or 215.255.
(d) Operations conducted for:
(A) Mining and processing of geothermal resources as defined by ORS 522.005 and oil and gas
as defined by ORS 520.005, not otherwise permitted under subsection (1)(g) of this section;
(B) Mining, crushing or stockpiling of aggregate and other mineral and other subsurface re-
sources subject to ORS 215.298;
(C) Processing, as defined by ORS 517.750, of aggregate into asphalt or portland cement; and
(D) Processing of other mineral resources and other subsurface resources.
(e) Community centers owned by a governmental agency or a nonprofit community organization
and operated primarily by and for residents of the local rural community, hunting and fishing pre-
serves, public and private parks, playgrounds and campgrounds. Subject to the approval of the
county governing body or its designee, a private campground may provide yurts for overnight
camping. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include
a yurt. The yurt shall be located on the ground or on a wood floor with no permanent foundation.
Upon request of a county governing body, the Land Conservation and Development Commission may
provide by rule for an increase in the number of yurts allowed on all or a portion of the
campgrounds in a county if the commission determines that the increase will comply with the
standards described in ORS 215.296 (1). A public park or campground may be established as provided
under ORS 195.120. As used in this paragraph, “yurt” means a round, domed shelter of cloth or
canvas on a collapsible frame with no plumbing, sewage disposal hookup or internal cooking appli-
ance.
(f) Golf courses on land determined not to be high-value farmland as defined in ORS 195.300.
Enrolled House Bill 2347 (HB 2347-A) Page 28
(g) Commercial utility facilities for the purpose of generating power for public use by sale. If the
area zoned for exclusive farm use is high-value farmland, a photovoltaic solar power generation fa-
cility may be established as a commercial utility facility as provided in ORS 215.447. A renewable
energy facility as defined in ORS 215.446 may be established as a commercial utility facility.
(h) Personal-use airports for airplanes and helicopter pads, including associated hangar, main-
tenance and service facilities. A personal-use airport as used in this section means an airstrip re-
stricted, except for aircraft emergencies, to use by the owner, and, on an infrequent and occasional
basis, by invited guests, and by commercial aviation activities in connection with agricultural op-
erations. No aircraft may be based on a personal-use airport other than those owned or controlled
by the owner of the airstrip. Exceptions to the activities permitted under this definition may be
granted through waiver action by the Oregon Department of Aviation in specific instances. A
personal-use airport lawfully existing as of September 13, 1975, shall continue to be permitted sub-
ject to any applicable rules of the Oregon Department of Aviation.
(i) A facility for the primary processing of forest products, provided that such facility is found
to not seriously interfere with accepted farming practices and is compatible with farm uses de-
scribed in ORS 215.203 (2). Such a facility may be approved for a one-year period which is
renewable. These facilities are intended to be only portable or temporary in nature. The primary
processing of a forest product, as used in this section, means the use of a portable chipper or stud
mill or other similar methods of initial treatment of a forest product in order to enable its shipment
to market. Forest products, as used in this section, means timber grown upon a parcel of land or
contiguous land where the primary processing facility is located.
(j) A site for the disposal of solid waste approved by the governing body of a city or county or
both and for which a permit has been granted under ORS 459.245 by the Department of Environ-
mental Quality together with equipment, facilities or buildings necessary for its operation.
(k)(A) Commercial dog boarding kennels; or
(B) Dog training classes or testing trials that cannot be established under subsection (1)(z) of
this section.
(L) Residential homes as defined in ORS 197.660, in existing dwellings.
(m) The propagation, cultivation, maintenance and harvesting of aquatic species that are not
under the jurisdiction of the State Fish and Wildlife Commission or insect species. Insect species
shall not include any species under quarantine by the State Department of Agriculture or the United
States Department of Agriculture. The county shall provide notice of all applications under this
paragraph to the State Department of Agriculture. Notice shall be provided in accordance with the
county’s land use regulations but shall be mailed at least 20 calendar days prior to any adminis-
trative decision or initial public hearing on the application.
(n) Home occupations as provided in ORS 215.448.
(o) Transmission towers over 200 feet in height.
(p) Construction of additional passing and travel lanes requiring the acquisition of right of way
but not resulting in the creation of new land parcels.
(q) Reconstruction or modification of public roads and highways involving the removal or dis-
placement of buildings but not resulting in the creation of new land parcels.
(r) Improvement of public road and highway related facilities such as maintenance yards, weigh
stations and rest areas, where additional property or right of way is required but not resulting in
the creation of new land parcels.
(s) A destination resort that is approved consistent with the requirements of any statewide
planning goal relating to the siting of a destination resort.
(t) Room and board arrangements for a maximum of five unrelated persons in existing resi-
dences.
(u) A living history museum related to resource based activities owned and operated by a gov-
ernmental agency or a local historical society, together with limited commercial activities and fa-
cilities that are directly related to the use and enjoyment of the museum and located within
authentic buildings of the depicted historic period or the museum administration building, if areas
Enrolled House Bill 2347 (HB 2347-A) Page 29
other than an exclusive farm use zone cannot accommodate the museum and related activities or if
the museum administration buildings and parking lot are located within one quarter mile of the
metropolitan urban growth boundary. As used in this paragraph:
(A) “Living history museum” means a facility designed to depict and interpret everyday life and
culture of some specific historic period using authentic buildings, tools, equipment and people to
simulate past activities and events; and
(B) “Local historical society” means the local historical society, recognized as such by the
county governing body and organized under ORS chapter 65.
(v) Operations for the extraction and bottling of water.
(w) An aerial fireworks display business that has been in continuous operation at its current
location within an exclusive farm use zone since December 31, 1986, and possesses a wholesaler’s
permit to sell or provide fireworks.
(x) A landscape contracting business, as defined in ORS 671.520, or a business providing land-
scape architecture services, as described in ORS 671.318, if the business is pursued in conjunction
with the growing and marketing of nursery stock on the land that constitutes farm use.
(y) Public or private schools for kindergarten through grade 12, including all buildings essential
to the operation of a school, primarily for residents of the rural area in which the school is located.
(z) Equine and equine-affiliated therapeutic and counseling activities, provided:
(A) The activities are conducted in existing buildings that were lawfully constructed on the
property before January 1, 2019, or in new buildings that are accessory, incidental and subordinate
to the farm use on the tract; and
(B) All individuals conducting therapeutic or counseling activities are acting within the proper
scope of any licenses required by the state.
(aa) Child care facilities, preschool recorded programs or school-age recorded programs that are:
(A) Authorized under ORS 329A.250 to 329A.450;
(B) Primarily for the children of residents and workers of the rural area in which the facility
or program is located; and
(C) Colocated with a community center or a public or private school allowed under this sub-
section.
(3) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition),
a [ single-family] single-unit residential dwelling not provided in conjunction with farm use may be
established on a lot or parcel with soils predominantly in capability classes IV through VIII as de-
termined by the Agricultural Capability Classification System in use by the United States Depart-
ment of Agriculture Soil Conservation Service on October 15, 1983. A proposed dwelling is subject
to approval of the governing body or its designee in any area zoned for exclusive farm use upon
written findings showing all of the following:
(a) The dwelling or activities associated with the dwelling will not force a significant change in
or significantly increase the cost of accepted farming practices on nearby lands devoted to farm use.
(b) The dwelling is situated upon generally unsuitable land for the production of farm crops and
livestock, considering the terrain, adverse soil or land conditions, drainage and flooding, location
and size of the tract. A lot or parcel shall not be considered unsuitable solely because of its size
or location if it can reasonably be put to farm use in conjunction with other land.
(c) Complies with such other conditions as the governing body or its designee considers neces-
sary.
(4) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition),
one [ single-family] single-unit dwelling, not provided in conjunction with farm use, may be estab-
lished in any area zoned for exclusive farm use on a lot or parcel described in subsection (7) of this
section that is not larger than three acres upon written findings showing:
(a) The dwelling or activities associated with the dwelling will not force a significant change in
or significantly increase the cost of accepted farming practices on nearby lands devoted to farm use;
(b) If the lot or parcel is located within the Willamette River Greenway, a floodplain or a
geological hazard area, the dwelling complies with conditions imposed by local ordinances relating
Enrolled House Bill 2347 (HB 2347-A) Page 30
specifically to the Willamette River Greenway, floodplains or geological hazard areas, whichever is
applicable; and
(c) The dwelling complies with other conditions considered necessary by the governing body or
its designee.
(5) Upon receipt of an application for a permit under subsection (4) of this section, the governing
body shall notify:
(a) Owners of land that is within 250 feet of the lot or parcel on which the dwelling will be
established; and
(b) Persons who have requested notice of such applications and who have paid a reasonable fee
imposed by the county to cover the cost of such notice.
(6) The notice required in subsection (5) of this section shall specify that persons have 15 days
following the date of postmark of the notice to file a written objection on the grounds only that the
dwelling or activities associated with it would force a significant change in or significantly increase
the cost of accepted farming practices on nearby lands devoted to farm use. If no objection is re-
ceived, the governing body or its designee shall approve or disapprove the application. If an ob-
jection is received, the governing body shall set the matter for hearing in the manner prescribed in
ORS 215.402 to 215.438. The governing body may charge the reasonable costs of the notice required
by subsection (5)(a) of this section to the applicant for the permit requested under subsection (4) of
this section.
(7) Subsection (4) of this section applies to a lot or parcel lawfully created between January 1,
1948, and July 1, 1983. For the purposes of this section:
(a) Only one lot or parcel exists if:
(A) A lot or parcel described in this section is contiguous to one or more lots or parcels de-
scribed in this section; and
(B) On July 1, 1983, greater than possessory interests are held in those contiguous lots, parcels
or lots and parcels by the same person, spouses or a single partnership or business entity, separately
or in tenancy in common.
(b) “Contiguous” means lots, parcels or lots and parcels that have a common boundary, includ-
ing but not limited to, lots, parcels or lots and parcels separated only by a public road.
(8) A person who sells or otherwise transfers real property in an exclusive farm use zone may
retain a life estate in a dwelling on that property and in a tract of land under and around the
dwelling.
(9) No final approval of a nonfarm use under this section shall be given unless any additional
taxes imposed upon the change in use have been paid.
(10) Roads, highways and other transportation facilities and improvements not allowed under
subsections (1) and (2) of this section may be established, subject to the approval of the governing
body or its designee, in areas zoned for exclusive farm use subject to:
(a) Adoption of an exception to the goal related to agricultural lands and to any other applicable
goal with which the facility or improvement does not comply; or
(b) ORS 215.296 for those uses identified by rule of the Land Conservation and Development
Commission as provided in section 3, chapter 529, Oregon Laws 1993.
(11) The following agri-tourism and other commercial events or activities that are related to and
supportive of agriculture may be established in any area zoned for exclusive farm use:
(a) A county may authorize a single agri-tourism or other commercial event or activity on a
tract in a calendar year by an authorization that is personal to the applicant and is not transferred
by, or transferable with, a conveyance of the tract, if the agri-tourism or other commercial event
or activity meets any local standards that apply and:
(A) The agri-tourism or other commercial event or activity is incidental and subordinate to ex-
isting farm use on the tract;
(B) The duration of the agri-tourism or other commercial event or activity does not exceed 72
consecutive hours;
Enrolled House Bill 2347 (HB 2347-A) Page 31
(C) The maximum attendance at the agri-tourism or other commercial event or activity does not
exceed 500 people;
(D) The maximum number of motor vehicles parked at the site of the agri-tourism or other
commercial event or activity does not exceed 250 vehicles;
(E) The agri-tourism or other commercial event or activity complies with ORS 215.296;
(F) The agri-tourism or other commercial event or activity occurs outdoors, in temporary
structures, or in existing permitted structures, subject to health and fire and life safety require-
ments; and
(G) The agri-tourism or other commercial event or activity complies with conditions established
for:
(i) Planned hours of operation;
(ii) Access, egress and parking;
(iii) A traffic management plan that identifies the projected number of vehicles and any antic-
ipated use of public roads; and
(iv) Sanitation and solid waste.
(b) In the alternative to paragraphs (a) and (c) of this subsection, a county may authorize,
through an expedited, single-event license, a single agri-tourism or other commercial event or ac-
tivity on a tract in a calendar year by an expedited, single-event license that is personal to the ap-
plicant and is not transferred by, or transferable with, a conveyance of the tract. A decision
concerning an expedited, single-event license is not a land use decision, as defined in ORS 197.015.
To approve an expedited, single-event license, the governing body of a county or its designee must
determine that the proposed agri-tourism or other commercial event or activity meets any local
standards that apply, and the agri-tourism or other commercial event or activity:
(A) Must be incidental and subordinate to existing farm use on the tract;
(B) May not begin before 6 a.m. or end after 10 p.m.;
(C) May not involve more than 100 attendees or 50 vehicles;
(D) May not include the artificial amplification of music or voices before 8 a.m. or after 8 p.m.;
(E) May not require or involve the construction or use of a new permanent structure in con-
nection with the agri-tourism or other commercial event or activity;
(F) Must be located on a tract of at least 10 acres unless the owners or residents of adjoining
properties consent, in writing, to the location; and
(G) Must comply with applicable health and fire and life safety requirements.
(c) In the alternative to paragraphs (a) and (b) of this subsection, a county may authorize up to
six agri-tourism or other commercial events or activities on a tract in a calendar year by a limited
use permit that is personal to the applicant and is not transferred by, or transferable with, a
conveyance of the tract. The agri-tourism or other commercial events or activities must meet any
local standards that apply, and the agri-tourism or other commercial events or activities:
(A) Must be incidental and subordinate to existing farm use on the tract;
(B) May not, individually, exceed a duration of 72 consecutive hours;
(C) May not require that a new permanent structure be built, used or occupied in connection
with the agri-tourism or other commercial events or activities;
(D) Must comply with ORS 215.296;
(E) May not, in combination with other agri-tourism or other commercial events or activities
authorized in the area, materially alter the stability of the land use pattern in the area; and
(F) Must comply with conditions established for:
(i) The types of agri-tourism or other commercial events or activities that are authorized during
each calendar year, including the number and duration of the agri-tourism or other commercial
events and activities, the anticipated daily attendance and the hours of operation;
(ii) The location of existing structures and the location of proposed temporary structures to be
used in connection with the agri-tourism or other commercial events or activities;
(iii) The location of access and egress and parking facilities to be used in connection with the
agri-tourism or other commercial events or activities;
Enrolled House Bill 2347 (HB 2347-A) Page 32
(iv) Traffic management, including the projected number of vehicles and any anticipated use of
public roads; and
(v) Sanitation and solid waste.
(d) In addition to paragraphs (a) to (c) of this subsection, a county may authorize agri-tourism
or other commercial events or activities that occur more frequently or for a longer period or that
do not otherwise comply with paragraphs (a) to (c) of this subsection if the agri-tourism or other
commercial events or activities comply with any local standards that apply and the agri-tourism or
other commercial events or activities:
(A) Are incidental and subordinate to existing commercial farm use of the tract and are neces-
sary to support the commercial farm uses or the commercial agricultural enterprises in the area;
(B) Comply with the requirements of paragraph (c)(C), (D), (E) and (F) of this subsection;
(C) Occur on a lot or parcel that complies with the acknowledged minimum lot or parcel size;
and
(D) Do not exceed 18 events or activities in a calendar year.
(12) A holder of a permit authorized by a county under subsection (11)(d) of this section must
request review of the permit at four-year intervals. Upon receipt of a request for review, the county
shall:
(a) Provide public notice and an opportunity for public comment as part of the review process;
and
(b) Limit its review to events and activities authorized by the permit, conformance with condi-
tions of approval required by the permit and the standards established by subsection (11)(d) of this
section.
(13) For the purposes of subsection (11) of this section:
(a) A county may authorize the use of temporary structures established in connection with the
agri-tourism or other commercial events or activities authorized under subsection (11) of this sec-
tion. However, the temporary structures must be removed at the end of the agri-tourism or other
event or activity. The county may not approve an alteration to the land in connection with an
agri-tourism or other commercial event or activity authorized under subsection (11) of this section,
including, but not limited to, grading, filling or paving.
(b) The county may issue the limited use permits authorized by subsection (11)(c) of this section
for two calendar years. When considering an application for renewal, the county shall ensure com-
pliance with the provisions of subsection (11)(c) of this section, any local standards that apply and
conditions that apply to the permit or to the agri-tourism or other commercial events or activities
authorized by the permit.
(c) The authorizations provided by subsection (11) of this section are in addition to other au-
thorizations that may be provided by law, except that “outdoor mass gathering” and “other gather-
ing,” as those terms are used in ORS 197.015 (10)(d), do not include agri-tourism or other commercial
events and activities.
SECTION 31.
ORS 215.236 is amended to read:
215.236. (1) As used in this section, “dwelling” means a [ single-family] single-unit residential
dwelling not provided in conjunction with farm use.
(2) The governing body or its designee may not grant final approval of an application made un-
der ORS 215.213 (3) or 215.284 (1), (2), (3), (4) or (7) for the establishment of a dwelling on a lot or
parcel in an exclusive farm use zone that is, or has been, receiving special assessment without evi-
dence that the lot or parcel upon which the dwelling is proposed has been disqualified for special
assessment at value for farm use under ORS 308A.050 to 308A.128 or other special assessment under
ORS 308A.315, 321.257 to 321.390, 321.700 to 321.754 or 321.805 to 321.855 and any additional tax
imposed as the result of disqualification has been paid.
(3) The governing body or its designee may grant tentative approval of an application made
under ORS 215.213 (3) or 215.284 (1), (2), (3), (4) or (7) for the establishment of a dwelling on a lot
or parcel in an exclusive farm use zone that is specially assessed at value for farm use under ORS
308A.050 to 308A.128 upon making the findings required by ORS 215.213 (3) or 215.284 (1), (2), (3),
Enrolled House Bill 2347 (HB 2347-A) Page 33
(4) or (7). An application for the establishment of a dwelling that has been tentatively approved shall
be given final approval by the governing body or its designee upon receipt of evidence that the lot
or parcel upon which establishment of the dwelling is proposed has been disqualified for special
assessment at value for farm use under ORS 308A.050 to 308A.128 or other special assessment under
ORS 308A.315, 321.257 to 321.390, 321.700 to 321.754 or 321.805 to 321.855 and any additional tax
imposed as the result of disqualification has been paid.
(4) The owner of a lot or parcel upon which the establishment of a dwelling has been tentatively
approved as provided by subsection (3) of this section shall, before final approval, simultaneously:
(a) Notify the county assessor that the lot or parcel is no longer being used as farmland or for
other specially assessed uses described in subsection (2) or (3) of this section;
(b) Request that the county assessor disqualify the lot or parcel from special assessment under
ORS 308A.050 to 308A.128, 308A.315, 321.257 to 321.390, 321.700 to 321.754 or 321.805 to 321.855; and
(c) Pay any additional tax imposed upon disqualification from special assessment.
(5) Except as provided in subsection (6) of this section, a lot or parcel that has been disqualified
pursuant to subsection (4) of this section may not requalify for special assessment unless, when
combined with another contiguous lot or parcel, it constitutes a qualifying parcel.
(6)(a) A lot or parcel that has been disqualified pursuant to subsection (4) of this section may
requalify for wildlife habitat special assessment under ORS 308A.403 to 308A.430 or conservation
easement special assessment under ORS 308A.450 to 308A.465 without satisfying the requirements
of subsection (5) of this section.
(b) Upon disqualification from wildlife habitat special assessment under ORS 308A.430 or dis-
qualification from conservation easement special assessment under ORS 308A.465, the lot or parcel
shall be subject to the requirements of subsection (5) of this section.
(7) When the owner of a lot or parcel upon which the establishment of a dwelling has been
tentatively approved notifies the county assessor that the lot or parcel is no longer being used as
farmland and requests disqualification of the lot or parcel for special assessment at value for farm
use, the county assessor shall:
(a) Disqualify the lot or parcel for special assessment at value for farm use under ORS 308A.050
to 308A.128 or other special assessment by removing the special assessment;
(b) Provide the owner of the lot or parcel with written notice of the disqualification; and
(c) Impose the additional tax, if any, provided by statute upon disqualification.
(8) The Department of Consumer and Business Services, a building official, as defined in ORS
455.715 (1), or any other agency or official responsible for the administration and enforcement of the
state building code, as defined in ORS 455.010, may not issue a building permit for the construction
of a dwelling on a lot or parcel in an exclusive farm use zone without evidence that the owner of
the lot or parcel upon which the dwelling is proposed to be constructed has paid the additional tax,
if any, imposed by the county assessor under subsection (7)(c) of this section.
SECTION 32.
ORS 215.284 is amended to read:
215.284. (1) In the Willamette Valley, a [ single-family] single-unit residential dwelling not pro-
vided in conjunction with farm use may be established, subject to approval of the governing body
or its designee, in any area zoned for exclusive farm use upon a finding that:
(a) The dwelling or activities associated with the dwelling will not force a significant change in
or significantly increase the cost of accepted farming or forest practices on nearby lands devoted
to farm or forest use;
(b) The dwelling will be sited on a lot or parcel that is predominantly composed of Class IV
through Class VIII soils that would not, when irrigated, be classified as prime, unique, Class I or
Class II soils;
(c) The dwelling will be sited on a lot or parcel created before January 1, 1993;
(d) The dwelling will not materially alter the stability of the overall land use pattern of the area;
and
(e) The dwelling complies with such other conditions as the governing body or its designee
considers necessary.
Enrolled House Bill 2347 (HB 2347-A) Page 34
(2) In counties not described in subsection (1) of this section, a [ single-family] single-unit resi-
dential dwelling not provided in conjunction with farm use may be established, subject to approval
of the governing body or its designee, in any area zoned for exclusive farm use upon a finding that:
(a) The dwelling or activities associated with the dwelling will not force a significant change in
or significantly increase the cost of accepted farming or forest practices on nearby lands devoted
to farm or forest use;
(b) The dwelling is situated upon a lot or parcel or portion of a lot or parcel that is generally
unsuitable land for the production of farm crops and livestock or merchantable tree species, con-
sidering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and
size of the tract. A lot or parcel or portion of a lot or parcel may not be considered unsuitable
solely because of size or location if it can reasonably be put to farm or forest use in conjunction
with other land;
(c) The dwelling will be sited on a lot or parcel created before January 1, 1993;
(d) The dwelling will not materially alter the stability of the overall land use pattern of the area;
and
(e) The dwelling complies with such other conditions as the governing body or its designee
considers necessary.
(3) In counties in western Oregon, as defined in ORS 321.257, not described in subsection (4) of
this section, a [ single-family] single-unit residential dwelling not provided in conjunction with farm
use may be established, subject to approval of the governing body or its designee, in any area zoned
for exclusive farm use upon a finding that:
(a) The dwelling or activities associated with the dwelling will not force a significant change in
or significantly increase the cost of accepted farming or forest practices on nearby lands devoted
to farm or forest use;
(b) The dwelling is situated upon a lot or parcel or portion of a lot or parcel that is generally
unsuitable land for the production of farm crops and livestock or merchantable tree species, con-
sidering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and
size of the tract. A lot or parcel or portion of a lot or parcel may not be considered unsuitable
solely because of size or location if it can reasonably be put to farm or forest use in conjunction
with other land;
(c) The dwelling will be sited on a lot or parcel created after January 1, 1993, as allowed under
ORS 215.263 (4);
(d) The dwelling will not materially alter the stability of the overall land use pattern of the area;
and
(e) The dwelling complies with such other conditions as the governing body or its designee
considers necessary.
(4)(a) In the Willamette Valley, a lot or parcel allowed under paragraph (b) of this subsection
for a [ single-family] single-unit residential dwelling not provided in conjunction with farm use may
be established, subject to approval of the governing body or its designee, in any area zoned for ex-
clusive farm use upon a finding that the originating lot or parcel is equal to or larger than the ap-
plicable minimum lot or parcel size and:
(A) Is not stocked to the requirements under ORS 527.610 to 527.770;
(B) Is composed of at least 95 percent Class VI through Class VIII soils; and
(C) Is composed of at least 95 percent soils not capable of producing 50 cubic feet per acre per
year of wood fiber.
(b) Any parcel to be created for a dwelling from the originating lot or parcel described in par-
agraph (a) of this subsection will not be smaller than 20 acres.
(c) The dwelling or activities associated with the dwelling allowed under this subsection will
not force a significant change in or significantly increase the cost of accepted farming or forest
practices on nearby lands devoted to farm or forest use.
(d) The dwelling allowed under this subsection will not materially alter the stability of the
overall land use pattern of the area.
Enrolled House Bill 2347 (HB 2347-A) Page 35
(e) The dwelling allowed under this subsection complies with such other conditions as the gov-
erning body or its designee considers necessary.
(5) No final approval of a nonfarm use under this section shall be given unless any additional
taxes imposed upon the change in use have been paid.
(6) If a [ single-family] single-unit dwelling is established on a lot or parcel as set forth in ORS
215.705 to 215.750, no additional dwelling may later be sited under subsection (1), (2), (3), (4) or (7)
of this section.
(7) In counties in eastern Oregon, as defined in ORS 321.805, a [ single-family] single-unit resi-
dential dwelling not provided in conjunction with farm use may be established, subject to the ap-
proval of the county governing body or its designee, in any area zoned for exclusive farm use upon
a finding that:
(a) The dwelling or activities associated with the dwelling will not force a significant change in
or significantly increase the cost of accepted farming or forest practices on nearby lands devoted
to farm or forest use;
(b) The dwelling will be sited on a lot or parcel created after January 1, 1993, as allowed under
ORS 215.263 (5);
(c) The dwelling will not materially alter the stability of the overall land use pattern of the area;
and
(d) The dwelling complies with such other conditions as the governing body or its designee
considers necessary.
SECTION 33.
ORS 215.293 is amended to read:
215.293. The county governing body or its designate shall require as a condition of approval of
a [ single-family] single-unit dwelling under ORS 215.213, 215.283 or 215.284 or otherwise in a farm
or forest zone, that the landowner for the dwelling sign and record in the deed records for the
county a document binding the landowner, and the landowner’s successors in interest, prohibiting
them from pursuing a claim for relief or cause of action alleging injury from farming or forest
practices for which no action or claim is allowed under ORS 30.936 or 30.937.
SECTION 34. ORS 215.296 is amended to read:
215.296. (1) A use allowed under ORS 215.213 (2) or (11) or 215.283 (2) or (4) may be approved
only where the local governing body or its designee finds that the use will not:
(a) Force a significant change in accepted farm or forest practices on surrounding lands devoted
to farm or forest use; or
(b) Significantly increase the cost of accepted farm or forest practices on surrounding lands
devoted to farm or forest use.
(2) An applicant for a use allowed under ORS 215.213 (2) or (11) or 215.283 (2) or (4) may dem-
onstrate that the standards for approval set forth in subsection (1) of this section will be satisfied
through the imposition of conditions. Any conditions so imposed shall be clear and objective.
(3) A person engaged in farm or forest practices on lands devoted to farm or forest use may file
a complaint with the local governing body or its designee alleging:
(a) That a condition imposed pursuant to subsection (2) of this section has been violated;
(b) That the violation has:
(A) Forced a significant change in accepted farm or forest practices on surrounding lands de-
voted to farm or forest use; or
(B) Significantly increased the cost of accepted farm or forest practices on surrounding lands
devoted to farm or forest use; and
(c) That the complainant is adversely affected by the violation.
(4) Upon receipt of a complaint filed under this section or ORS 215.218, the local governing body
or its designee shall:
(a) Forward the complaint to the operator of the use;
(b) Review the complaint in the manner set forth in ORS 215.402 to 215.438; and
(c) Determine whether the allegations made in a complaint filed under this section or ORS
215.218 are true.
Enrolled House Bill 2347 (HB 2347-A) Page 36
(5) Upon a determination that the allegations made in a complaint are true, the local governing
body or its designee at a minimum shall notify the violator that a violation has occurred, direct the
violator to correct the conditions that led to the violation within a specified time period and warn
the violator against the commission of further violations.
(6) If the conditions that led to a violation are not corrected within the time period specified
pursuant to subsection (5) of this section, or if there is a determination pursuant to subsection (4)
of this section following the receipt of a second complaint that a further violation has occurred, the
local governing body or its designee at a minimum shall assess a fine against the violator.
(7) If the conditions that led to a violation are not corrected within 30 days after the imposition
of a fine pursuant to subsection (6) of this section, or if there is a determination pursuant to sub-
section (4) of this section following the receipt of a third or subsequent complaint that a further
violation has occurred, the local governing body or its designee shall at a minimum order the sus-
pension of the use until the violator corrects the conditions that led to the violation.
(8) If a use allowed under ORS 215.213 (2) or (11) or 215.283 (2) or (4) is initiated without prior
approval pursuant to subsection (1) of this section, the local governing body or its designee at a
minimum shall notify the user that prior approval is required, direct the user to apply for approval
within 21 days and warn the user against the commission of further violations. If the user does not
apply for approval within 21 days, the local governing body or its designee shall order the suspen-
sion of the use until the user applies for and receives approval. If there is a determination pursuant
to subsection (4) of this section following the receipt of a complaint that a further violation occurred
after approval was granted, the violation shall be deemed a second violation and the local governing
body or its designee at a minimum shall assess a fine against the violator.
(9)(a) The standards set forth in subsection (1) of this section do not apply to farm or forest uses
conducted within:
(A) Lots or parcels with a [ single-family] single-unit residential dwelling approved under ORS
215.213 (3), 215.284 (1), (2), (3), (4) or (7) or 215.705;
(B) An exception area approved under ORS 197.732; or
(C) An acknowledged urban growth boundary.
(b) A person residing in a [single-family] single-unit residential dwelling which was approved
under ORS 215.213 (3), 215.284 (1), (2), (3), (4) or (7) or 215.705, which is within an exception area
approved under ORS 197.732 or which is within an acknowledged urban growth boundary may not
file a complaint under subsection (3) of this section.
(10) This section does not prevent a local governing body approving a use allowed under ORS
215.213 (2) or (11) or 215.283 (2) or (4) from establishing standards in addition to those set forth in
subsection (1) of this section or from imposing conditions to ensure conformance with the additional
standards.
SECTION 35.
ORS 215.317 is amended to read:
215.317. (1) A county may allow the following uses to be established on land designated as
marginal land under ORS 197.247 (1991 Edition):
(a) Intensive farm or forest operations, including but not limited to “farm use” as defined in ORS
215.203.
(b) Part-time farms.
(c) Woodlots.
(d) One [single-family] single-unit dwelling on a lot or parcel created under ORS 215.327 (1) or
(2).
(e) One [ single-family] single-unit dwelling on a lot or parcel of any size if the lot or parcel was
created before July 1, 1983, subject to subsection (2) of this section.
(f) The nonresidential uses authorized in exclusive farm use zones under ORS 215.213 (1) and (2).
(g) One manufactured dwelling or recreational vehicle in conjunction with an existing dwelling
as a temporary use for the term of a hardship suffered by the existing resident or a relative of the
resident.
Enrolled House Bill 2347 (HB 2347-A) Page 37
(2) If a lot or parcel described in subsection (1)(e) of this section is located within the
Willamette River Greenway, a floodplain or a geological hazard area, approval of a [ single-family]
single-unit dwelling shall be subject to local ordinances relating to the Willamette River Greenway,
floodplains or geological hazard areas, whichever is applicable.
SECTION 36. ORS 215.490 is amended to read:
215.490. (1) As used in this section:
(a) “Recreational vehicle” means a recreational vehicle that has not been rendered structurally
immobile and is titled with the Department of Transportation.
(b) “Rural area” means an area zoned for rural residential use as defined in ORS 215.501 or land
that is within the urban growth boundary of a metropolitan service district, but not within the ju-
risdiction of any city, and zoned for residential use.
(2) A county may allow an owner of a lot or parcel in a rural area to site on the property one
recreational vehicle that is used for residential purposes and is subject to a residential rental
agreement, provided:
(a) The property is not within an area designated as an urban reserve as defined in ORS
197A.230;
(b) A [ single-family] single-unit dwelling that is occupied as the primary residence of the prop-
erty owner is sited on the property;
(c) There are no other dwelling units on the property and no portion of the [ single-family]
single-unit dwelling is rented as a residential tenancy;
(d) The property owner will not allow the use of the recreational vehicle space or recreational
vehicle for vacation occupancy, as defined in ORS 90.100, or other short-term uses;
(e) The recreational vehicle is owned or leased by the tenant; and
(f) The property owner will provide essential services to the recreational vehicle space, as de-
scribed in ORS 90.100 (15)(b).
(3) A county may require that an owner of a lot or parcel who sites a recreational vehicle under
this section:
(a) Register the use with the county.
(b) Enter into a written residential rental agreement with the tenant of the recreational vehicle.
(c) Limit the amount of payments that the property owner may accept from the tenant under
ORS 90.140 to those reasonably necessary to cover the owner’s costs or losses.
(d) Require that the recreational vehicle comply with any reasonable appearance, repair, in-
spection or siting standards adopted by the county.
(4) Notwithstanding ORS 455.405, a recreational vehicle sited under this section is not subject
to the state building code.
SECTION 37.
ORS 215.495 is amended to read:
215.495. (1) As used in this section:
(a) “Accessory dwelling unit” has the meaning given that term in ORS 215.501.
(b) “Area zoned for rural residential use” has the meaning given that term in ORS 215.501.
(c) “[Single-family] Single-unit dwelling” has the meaning given that term in ORS 215.501.
(2) Consistent with a county’s comprehensive plan, a county may allow an owner of a lot or
parcel within an area zoned for rural residential use to construct one accessory dwelling unit on
the lot or parcel, provided:
(a) The lot or parcel is not located within an area designated as an urban reserve as defined in
ORS 197A.230;
(b) The lot or parcel is at least two acres in size;
(c) One [single-family] single-unit dwelling is sited on the lot or parcel;
(d) The existing [ single-family] single-unit dwelling property on the lot or parcel is not subject
to an order declaring it a nuisance or subject to any pending action under ORS 105.550 to 105.600;
(e) The accessory dwelling unit will comply with all applicable laws and regulations relating to
sanitation and wastewater disposal and treatment;
(f) The accessory dwelling unit will not include more than 900 square feet of usable floor area;
Enrolled House Bill 2347 (HB 2347-A) Page 38
(g) The accessory dwelling unit will be located no farther than 100 feet from the existing
[single-family] single-unit dwelling;
(h) If the water supply source for the accessory dwelling unit or associated lands or gardens
will be a well using water under ORS 537.545 (1)(b) or (d), no portion of the lot or parcel is within
an area in which new or existing ground water uses under ORS 537.545 (1)(b) or (d) have been re-
stricted by the Water Resources Commission;
(i) No portion of the lot or parcel is within a designated area of critical state concern;
(j) The lot or parcel is served by a fire protection service provider with professionals who have
received training or certification described in ORS 181A.410;
(k) If the lot or parcel is in an area identified on the statewide wildfire hazard map described
in ORS 477.490 as within the wildland-urban interface, the lot or parcel and accessory dwelling unit
comply with any applicable minimum defensible space requirements for wildfire risk reduction es-
tablished by the State Fire Marshal under ORS 476.392 and any applicable local requirements for
defensible space established by a local government pursuant to ORS 476.392;
(L) The accessory dwelling unit complies with the construction provisions of section R327 of the
Oregon Residential Specialty Code, if:
(A) The lot or parcel is in an area identified as a high wildfire hazard zone on the statewide
wildfire hazard map described in ORS 477.490; or
(B) No statewide wildfire hazard map has been adopted; and
(m) The county has adopted land use regulations that ensure that:
(A) The accessory dwelling unit has adequate setbacks from adjacent lands zoned for resource
use;
(B) The accessory dwelling unit has adequate access for firefighting equipment, safe evacuation
and staged evacuation areas; and
(C) If the accessory dwelling unit is not in an area identified on the statewide wildfire hazard
map described in ORS 477.490 as within the wildland-urban interface, the accessory dwelling unit
complies with the provisions of this section and any applicable local requirements for defensible
space established by a local government pursuant to ORS 476.392.
(3) A county may not allow an accessory dwelling unit allowed under this section to be used for
vacation occupancy, as defined in ORS 90.100.
(4) A county that allows construction of an accessory dwelling unit under this section may not
approve:
(a) A subdivision, partition or other division of the lot or parcel so that the existing [ single-
family] single-unit dwelling is situated on a different lot or parcel than the accessory dwelling unit.
(b) Construction of an additional accessory dwelling unit on the same lot or parcel.
(5) A county may require that an accessory dwelling unit constructed under this section be
served by the same water supply source or water supply system as the existing [ single-family]
single-unit dwelling, provided such use is allowed for the accessory dwelling unit by an existing
water right or a use under ORS 537.545. If the accessory dwelling unit is served by a well, the
construction of the accessory dwelling unit shall maintain all setbacks from the well required by the
Water Resources Commission or Water Resources Department.
(6) An existing [ single-family] single-unit dwelling and an accessory dwelling unit allowed under
this section are considered a single unit for the purposes of calculating exemptions under ORS
537.545 (1).
(7) Nothing in this section requires a county to allow any accessory dwelling units in areas
zoned for rural residential use or prohibits a county from imposing any additional restrictions on
accessory dwelling units in areas zoned for rural residential use, including restrictions on the con-
struction of garages and outbuildings that support an accessory dwelling unit.
SECTION 38.
ORS 215.501 is amended to read:
215.501. (1) As used in this section:
(a) “Accessory dwelling unit” means a residential structure that is used in connection with or
that is auxiliary to a [ single-family] single-unit dwelling.
Enrolled House Bill 2347 (HB 2347-A) Page 39
(b) “Area zoned for rural residential use” means land that is not located inside an urban growth
boundary as defined in ORS 197.015 and that is subject to an acknowledged exception to a statewide
land use planning goal relating to farmland or forestland and planned and zoned by the county to
allow residential use as a primary use.
(c) “Historic home” means a [ single-family] single-unit dwelling constructed between 1850 and
1945.
(d) “New” means that the dwelling being constructed did not previously exist in residential or
nonresidential form. “New” does not include the acquisition, alteration, renovation or remodeling
of an existing structure.
(e) “[ Single-family] Single-unit dwelling” means a residential structure designed as a residence
for one family and sharing no common wall with another residence of any type.
(2) Notwithstanding any local zoning or local regulation or ordinance pertaining to the siting
of accessory dwelling units in areas zoned for rural residential use, a county may allow an owner
of a lot or parcel within an area zoned for rural residential use to construct a new [ single-family]
single-unit dwelling on the lot or parcel, provided:
(a) The lot or parcel is not located in an area designated as an urban reserve as defined in ORS
197A.230;
(b) The lot or parcel is at least two acres in size;
(c) A historic home is sited on the lot or parcel;
(d) The owner converts the historic home to an accessory dwelling unit upon completion of the
new [ single-family] single-unit dwelling; and
(e) The accessory dwelling unit complies with all applicable laws and regulations relating to
sanitation and wastewater disposal and treatment.
(3) An owner that constructs a new [ single-family] single-unit dwelling under subsection (2) of
this section may not:
(a) Subdivide, partition or otherwise divide the lot or parcel so that the new [ single-family]
single-unit dwelling is situated on a different lot or parcel from the accessory dwelling unit.
(b) Alter, renovate or remodel the accessory dwelling unit so that the square footage of the
accessory dwelling unit is more than 120 percent of the historic home’s square footage at the time
construction of the new [ single-family] single-unit dwelling commenced.
(c) Rebuild the accessory dwelling unit if the structure is lost to fire.
(d) Construct an additional accessory dwelling unit on the same lot or parcel.
(4) A county may require that a new [single-family] single-unit dwelling constructed under this
section be served by the same water supply source as the accessory dwelling unit.
(5) A county may impose additional conditions of approval for construction of a new [ single-
family] single-unit dwelling or conversion of a historic home to an accessory dwelling unit under
this section.
SECTION 39.
ORS 215.705 is amended to read:
215.705. (1) A governing body of a county or its designate may allow the establishment of a
[single-family] single-unit dwelling on a lot or parcel located within a farm or forest zone as set
forth in this section and ORS 215.710, 215.720, 215.740 and 215.750 after notifying the county
assessor that the governing body intends to allow the dwelling. A dwelling under this section may
be allowed if:
(a) The lot or parcel on which the dwelling will be sited was lawfully created and was acquired
by the present owner:
(A) Prior to January 1, 1985; or
(B) By devise or by intestate succession from a person who acquired the lot or parcel prior to
January 1, 1985.
(b) The tract on which the dwelling will be sited does not include a dwelling.
(c) The proposed dwelling is not prohibited by, and will comply with, the requirements of the
acknowledged comprehensive plan and land use regulations and other provisions of law.
Enrolled House Bill 2347 (HB 2347-A)Page 40
(d) The lot or parcel on which the dwelling will be sited, if zoned for farm use, is not on that
high-value farmland described in ORS 215.710 except as provided in subsections (2) and (3) of this
section.
(e) The lot or parcel on which the dwelling will be sited, if zoned for forest use, is described in
ORS 215.720, 215.740 or 215.750.
(f) When the lot or parcel on which the dwelling will be sited lies within an area designated in
an acknowledged comprehensive plan as habitat of big game, the siting of the dwelling is consistent
with the limitations on density upon which the acknowledged comprehensive plan and land use
regulations intended to protect the habitat are based.
(g) When the lot or parcel on which the dwelling will be sited is part of a tract, the remaining
portions of the tract are consolidated into a single lot or parcel when the dwelling is allowed.
(2)(a) Notwithstanding the requirements of subsection (1)(d) of this section, a [ single-family]
single-unit dwelling not in conjunction with farm use may be sited on high-value farmland if:
(A) It meets the other requirements of ORS 215.705 to 215.750;
(B) The lot or parcel is protected as high-value farmland as described under ORS 215.710 (1);
and
(C) A hearings officer of a county determines that:
(i) The lot or parcel cannot practicably be managed for farm use, by itself or in conjunction with
other land, due to extraordinary circumstances inherent in the land or its physical setting that do
not apply generally to other land in the vicinity.
(ii) The dwelling will comply with the provisions of ORS 215.296 (1).
(iii) The dwelling will not materially alter the stability of the overall land use pattern in the
area.
(b) A local government shall provide notice of all applications for dwellings allowed under this
subsection to the State Department of Agriculture. Notice shall be provided in accordance with the
governing body’s land use regulations but shall be mailed at least 20 calendar days prior to the
public hearing before the hearings officer under paragraph (a) of this subsection.
(3) Notwithstanding the requirements of subsection (1)(d) of this section, a [ single-family]
single-unit dwelling not in conjunction with farm use may be sited on high-value farmland if:
(a) It meets the other requirements of ORS 215.705 to 215.750.
(b) The tract on which the dwelling will be sited is:
(A) Identified in ORS 215.710 (3) or (4);
(B) Not protected under ORS 215.710 (1); and
(C) Twenty-one acres or less in size.
(c)(A) The tract is bordered on at least 67 percent of its perimeter by tracts that are smaller
than 21 acres, and at least two such tracts had dwellings on them on January 1, 1993;
(B) The tract is not a flaglot and is bordered on at least 25 percent of its perimeter by tracts
that are smaller than 21 acres, and at least four dwellings existed on January 1, 1993, within one-
quarter mile of the center of the subject tract. Up to two of the four dwellings may lie within the
urban growth boundary, but only if the subject tract abuts an urban growth boundary; or
(C) The tract is a flaglot and is bordered on at least 25 percent of its perimeter by tracts that
are smaller than 21 acres, and at least four dwellings existed on January 1, 1993, within one-quarter
mile of the center of the subject tract and on the same side of the public road that provides access
to the subject tract. The governing body of a county must interpret the center of the subject tract
as the geographic center of the flaglot if the applicant makes a written request for that interpreta-
tion and that interpretation does not cause the center to be located outside the flaglot. Up to two
of the four dwellings may lie within the urban growth boundary, but only if the subject tract abuts
an urban growth boundary. As used in this subparagraph:
(i) “Flaglot” means a tract containing a narrow strip or panhandle of land providing access from
the public road to the rest of the tract.
Enrolled House Bill 2347 (HB 2347-A) Page 41
(ii) “Geographic center of the flaglot” means the point of intersection of two perpendicular lines
of which the first line crosses the midpoint of the longest side of a flaglot, at a 90-degree angle to
that side, and the second line crosses the midpoint of the longest adjacent side of the flaglot.
(4) If land is in a zone that allows both farm and forest uses, is acknowledged to be in compli-
ance with goals relating to both agriculture and forestry and may qualify as an exclusive farm use
zone under this chapter, the county may apply the standards for siting a dwelling under either
subsection (1)(d) of this section or ORS 215.720, 215.740 and 215.750 as appropriate for the predom-
inant use of the tract on January 1, 1993.
(5) A county may, by application of criteria adopted by ordinance, deny approval of a dwelling
allowed under this section in any area where the county determines that approval of the dwelling
would:
(a) Exceed the facilities and service capabilities of the area;
(b) Materially alter the stability of the overall land use pattern in the area; or
(c) Create conditions or circumstances that the county determines would be contrary to the
purposes or intent of its acknowledged comprehensive plan or land use regulations.
(6) For purposes of subsection (1)(a) of this section, “owner” includes the spouses in a marriage,
son, daughter, parent, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law,
parent-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent or grandchild of the
owner or a business entity owned by any one or combination of these family members.
(7) When a local government approves an application for a [ single-family] single-unit dwelling
under the provisions of this section, the application may be transferred by a person who has quali-
fied under this section to any other person after the effective date of the land use decision.
SECTION 40.
ORS 215.730 is amended to read:
215.730. (1) A local government shall require as a condition of approval of a [ single-family]
single-unit dwelling allowed under ORS 215.705 on lands zoned forestland that:
(a)(A) If the lot or parcel is more than 30 acres in eastern Oregon as defined in ORS 321.805,
the property owner submits a stocking survey report to the assessor and the assessor verifies that
the minimum stocking requirements adopted under ORS 527.610 to 527.770 have been met; or
(B) If the lot or parcel is more than 10 acres in western Oregon as defined in ORS 321.257, the
property owner submits a stocking survey report to the assessor and the assessor verifies that the
minimum stocking requirements adopted under ORS 527.610 to 527.770 have been met.
(b) The dwelling meets the following requirements:
(A) The dwelling has a fire retardant roof.
(B) The dwelling will not be sited on a slope of greater than 40 percent.
(C) Evidence is provided that the domestic water supply is from a source authorized by the
Water Resources Department and not from a Class II stream as designated by the State Board of
Forestry.
(D) The dwelling is located upon a parcel within a fire protection district or is provided with
residential fire protection by contract.
(E) If the dwelling is not within a fire protection district, the applicant provides evidence that
the applicant has asked to be included in the nearest such district.
(F) If the dwelling has a chimney or chimneys, each chimney has a spark arrester.
(G) The owner provides and maintains primary fuel-free break and secondary break areas on
land surrounding the dwelling that is owned or controlled by the owner.
(2)(a) If a governing body determines that meeting the requirement of subsection (1)(b)(D) of this
section would be impracticable, the governing body may provide an alternative means for protecting
the dwelling from fire hazards. The means selected may include a fire sprinkling system, on-site
equipment and water storage or other methods that are reasonable, given the site conditions.
(b) If a water supply is required under this subsection, it shall be a swimming pool, pond, lake
or similar body of water that at all times contains at least 4,000 gallons or a stream that has a
minimum flow of at least one cubic foot per second. Road access shall be provided to within 15 feet
Enrolled House Bill 2347 (HB 2347-A) Page 42
of the water’s edge for fire-fighting pumping units, and the road access shall accommodate a turn-
around for fire-fighting equipment.
SECTION 41. ORS 215.750 is amended to read:
215.750. (1) As used in this section, “center of the subject tract” means the mathematical
centroid of the tract.
(2) In western Oregon, a governing body of a county or its designate may allow the establish-
ment of a [ single-family] single-unit dwelling on a lot or parcel located within a forest zone if the
lot or parcel is predominantly composed of soils that are:
(a) Capable of producing 0 to 49 cubic feet per acre per year of wood fiber if:
(A) All or part of at least three other lots or parcels that existed on January 1, 1993, are within
a 160-acre square centered on the center of the subject tract; and
(B) At least three dwellings existed on January 1, 1993, on the other lots or parcels;
(b) Capable of producing 50 to 85 cubic feet per acre per year of wood fiber if:
(A) All or part of at least seven other lots or parcels that existed on January 1, 1993, are within
a 160-acre square centered on the center of the subject tract; and
(B) At least three dwellings existed on January 1, 1993, on the other lots or parcels; or
(c) Capable of producing more than 85 cubic feet per acre per year of wood fiber if:
(A) All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within
a 160-acre square centered on the center of the subject tract; and
(B) At least three dwellings existed on January 1, 1993, on the other lots or parcels.
(3) In eastern Oregon, a governing body of a county or its designate may allow the establish-
ment of a [ single-family] single-unit dwelling on a lot or parcel located within a forest zone if the
lot or parcel is predominantly composed of soils that are:
(a) Capable of producing 0 to 20 cubic feet per acre per year of wood fiber if:
(A) All or part of at least three other lots or parcels that existed on January 1, 1993, are within
a 160-acre square centered on the center of the subject tract; and
(B) At least three dwellings existed on January 1, 1993, on the other lots or parcels;
(b) Capable of producing 21 to 50 cubic feet per acre per year of wood fiber if:
(A) All or part of at least seven other lots or parcels that existed on January 1, 1993, are within
a 160-acre square centered on the center of the subject tract; and
(B) At least three dwellings existed on January 1, 1993, on the other lots or parcels; or
(c) Capable of producing more than 50 cubic feet per acre per year of wood fiber if:
(A) All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within
a 160-acre square centered on the center of the subject tract; and
(B) At least three dwellings existed on January 1, 1993, on the other lots or parcels.
(4) Lots or parcels within urban growth boundaries may not be used to satisfy the eligibility
requirements under subsection (2) or (3) of this section.
(5) A proposed dwelling under this section is allowed only if:
(a) It will comply with the requirements of an acknowledged comprehensive plan, acknowledged
land use regulations and other provisions of law;
(b) It complies with the requirements of ORS 215.730;
(c) No dwellings are allowed on other lots or parcels that make up the tract and deed re-
strictions established under ORS 215.740 (3) for the other lots or parcels that make up the tract are
met;
(d) The tract on which the dwelling will be sited does not include a dwelling;
(e) The lot or parcel on which the dwelling will be sited was lawfully established;
(f) Any property line adjustment to the lot or parcel complied with the applicable property line
adjustment provisions in ORS 92.192;
(g) Any property line adjustment to the lot or parcel after January 1, 2019, did not have the
effect of qualifying the lot or parcel for a dwelling under this section; and
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(h) If the lot or parcel on which the dwelling will be sited was part of a tract on January 1,
2019, no dwelling existed on the tract on that date, and no dwelling exists or has been approved on
another lot or parcel that was part of the tract.
(6) Except as described in subsection (7) of this section, if the tract under subsection (2) or (3)
of this section abuts a road that existed on January 1, 1993, the measurement may be made by
creating a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center
of the subject tract and that is to the maximum extent possible, aligned with the road.
(7)(a) If a tract 60 acres or larger described under subsection (2) or (3) of this section abuts a
road or perennial stream, the measurement shall be made in accordance with subsection (6) of this
section. However, one of the three required dwellings must be on the same side of the road or
stream as the tract and:
(A) Be located within a 160-acre rectangle that is one mile long and one-fourth mile wide cen-
tered on the center of the subject tract and that is, to the maximum extent possible, aligned with
the road or stream; or
(B) Be within one-quarter mile from the edge of the subject tract but not outside the length of
the 160-acre rectangle, and on the same side of the road or stream as the tract.
(b) If a road crosses the tract on which the dwelling will be located, at least one of the three
required dwellings must be on the same side of the road as the proposed dwelling.
(8) Notwithstanding subsection (5)(a) of this section, if the acknowledged comprehensive plan
and land use regulations of a county require that a dwelling be located in a 160-acre square or
rectangle described in subsection (2), (3), (6) or (7) of this section, a dwelling is in the 160-acre
square or rectangle if any part of the dwelling is in the 160-acre square or rectangle.
SECTION 42. ORS 215.757 is amended to read:
215.757. (1) As used in this section, “owner or a relative” means the owner of the lot or parcel,
or a relative of the owner or the owner’s spouse, including a child, parent, stepparent, grandchild,
grandparent, stepgrandparent, sibling, stepsibling, niece, nephew or first cousin of either.
(2) A county may approve a new [ single-family dwelling unit ] single-unit dwelling on a lot or
parcel zoned for forest use provided:
(a) The new [ single-family dwelling unit ] single-unit dwelling will be on a lot or parcel no
smaller than the minimum size allowed under ORS 215.780;
(b) The new [ single-family dwelling unit ] single-unit dwelling will be on a lot or parcel that
contains exactly one existing [ single-family dwelling unit ] single-unit dwelling that was lawfully:
(A) In existence before November 4, 1993; or
(B) Approved under ORS 215.130 (6), 215.705, 215.720, 215.740, 215.750 or 215.755;
(c) The shortest distance between the new [ single-family dwelling unit ] single-unit dwelling and
the existing [ single-family dwelling unit ] single-unit dwelling is no greater than 200 feet;
(d) The lot or parcel is within a rural fire protection district organized under ORS chapter 478;
(e) The new [ single-family dwelling unit ] single-unit dwelling complies with the Oregon resi-
dential specialty code relating to wildfire hazard mitigation;
(f) As a condition of approval of the new [ single-family dwelling unit ] single-unit dwelling, in
addition to the requirements of ORS 215.293, the property owner agrees to acknowledge and record
in the deed records for the county in which the lot or parcel is located, one or more instruments
containing irrevocable deed restrictions that:
(A) Prohibit the owner and the owner’s successors from partitioning the property to separate
the new [ single-family dwelling unit ] single-unit dwelling from the lot or parcel containing the ex-
isting [ single-family dwelling unit ] single-unit dwelling; and
(B) Require that the owner and the owner’s successors manage the lot or parcel as a working
forest under a written forest management plan, as defined in ORS 526.455, that is attached to the
instrument;
(g) The existing [ single-family dwelling unit ] single-unit dwelling is occupied by the owner or
a relative;
Enrolled House Bill 2347 (HB 2347-A) Page 44
(h) The new [ single-family dwelling unit ] single-unit dwelling will be occupied by the owner or
a relative; and
(i) The owner or a relative occupies the new [ single-family dwelling unit ] single-unit dwelling
to allow the relative to assist in the harvesting, processing or replanting of forest products or in the
management, operation, planning, acquisition or supervision of forest lots or parcels of the owner.
(3) If a new [ single-family dwelling unit ] single-unit dwelling is constructed under this section,
a county may not allow the new or existing dwelling unit to be used for vacation occupancy as de-
fined in ORS 90.100.
SECTION 43. ORS 227.450 is amended to read:
227.450. (1) [ Each multifamily residential dwelling ] Multiunit housing with more than 10 indi-
vidual residential units [ that is constructed after October 4, 1997, ] should include adequate space and
access for collection of containers for solid waste and recyclable materials.
(2) Each commercial building and each industrial and institutional building [ that is constructed
after October 4, 1997, ] should include adequate space and access for collection of containers for solid
waste and recyclable materials.
(3) As used in this section, “commercial,” “recyclable material” and “solid waste” have the
meanings given in ORS 459.005.
SECTION 44. ORS 329A.440 is amended to read:
329A.440. (1) As used in this section:
(a) “Child care center” means a child care facility, other than a family child care home, that is
certified under ORS 329A.280 (3).
(b) “Family child care home” means a child care facility in a dwelling that is caring for not
more than 16 children and is certified under ORS 329A.280 (2) or is registered under ORS 329A.330.
(c) “Land use regulation” and “local government” have the meanings given those terms in ORS
197.015.
(2)(a) A family child care home is considered a residential use of property for zoning purposes.
A family child care home is a permitted use in all areas zoned for residential or commercial pur-
poses, including areas zoned for [ single-family] single-unit dwellings.
(b) A local government may not enact or enforce a land use regulation prohibiting the use of a
residential dwelling, located in an area zoned for residential or commercial use, as a family child
carehome.
(c) A local government may not impose land use regulations, special fees or conditions on the
establishment or maintenance of a family child care home more restrictive than those imposed on
other residential dwellings in the same zone.
(3) Notwithstanding subsection (2)(c) of this section, a county may impose reasonable conditions
on the establishment of a family child care home in an area zoned for farm use.
(4)(a) A child care center is a permitted use in all areas zoned for commercial or industrial use,
except areas specifically designated by the local government for heavy industrial use.
(b) A local government may not impose land use regulations, special fees or conditions on the
establishment or maintenance of a child care center in an area zoned for commercial or industrial
use that are more restrictive than those imposed for other uses in the same zone.
(5) Notwithstanding subsection (4) of this section, a local government may impose reasonable
conditions upon the establishment or maintenance of a child care center in an area zoned for in-
dustrial uses.
(6) As used in this section, “reasonable conditions” includes, but is not limited to, siting re-
strictions for properties designated on the Department of Environmental Quality’s statewide list of
contaminated properties as having known or suspected releases of hazardous substances.
SECTION 45.
ORS 418.960 is amended to read:
418.960. (1) Each city and county may adopt a procedure which will provide opportunities for
the siting of child-caring facilities within its jurisdiction including the siting of such facilities in
[single-family] single-unit residential zones. The procedure shall specify all conditions the require-
Enrolled House Bill 2347 (HB 2347-A) Page 45
ments of which must be satisfied for the approval of an application for the siting of a child-caring
facility, including any applicable zoning or land use restrictions.
(2) If a city or county denies an application for the siting of a child-caring facility, it shall make
formal findings under the provisions of the procedure adopted under subsection (1) of this section.
(3) Denial of an application for the siting of a child-caring facility by an agency, board or com-
mission of a city or county may be appealed to the governing body of the city or county.
(4) A city or county [ shall] may not require, under the procedure established under this section,
independent satisfaction of conditions that have been required by the state for certification of the
child-caring facility, unless, in the case of the particular facility, the city or county finds:
(a) That circumstances have changed;
(b) That additional information about those conditions is necessary; or
(c) That review of such conditions is necessary to respond to the residents of the jurisdiction.
(5) Upon request, an agency applying for certification of a child-caring facility shall supply the
city or county with a copy of the agency’s application for state certification of the facility.
SECTION 46.
Section 9, chapter 552, Oregon Laws 2021, as amended by section 104, chapter
13, Oregon Laws 2023, is amended to read:
Sec. 9. (1) Notwithstanding ORS 197.250 or 197.612 or any statewide land use planning goal, the
Department of Land Conservation and Development shall approve Stevens Road planning amend-
ments provided the department determines, in its discretion, that the Stevens Road planning
amendments, with respect to the Stevens Road tract, include:
(a) An inventory of significant historical artifacts, cultural sites and natural resources.
(b) Areas designated for recreational and open space.
(c) Land use regulations for the protection and preservation of significant resources and desig-
nated areas identified in paragraphs (a) and (b) of this subsection.
(d) Land use regulations that comply with applicable wildfire planning and development re-
quirements, including requirements in regulations adopted to implement a statewide planning goal
relating to natural disasters and hazards.
(e) Areas designated for adequate employment lands that account for the city’s most recent
economic opportunity analysis, including consideration of subsequent economic development activ-
ities and trends.
(f) Within areas zoned for residential purposes, without counting the lands designated under
subsection (2) of this section, land use regulations for housing that:
(A) Ensure adequate opportunities for the development of all needed housing types, sizes and
densities of market-rate housing, including middle housing as defined in ORS [ 197.758] 197A.420;
(B) Exceed the proportions of [ single-family] single-unit attached and [ multifamily] multiunit
housing called for in the city’s most recently adopted housing needs analysis under ORS 197.296 (3)
(2021 Edition);
(C) Exceed a minimum density standard of nine residential units per gross residential acre; and
(D) On the date the Stevens Road planning amendments are approved, comply with land use
regulations adopted by the city, or any minimum applicable rules adopted by the department, to
implement ORS [ 197.758] 197A.420 and the amendments to ORS [ 197.312] 197A.425 by section 7,
chapter 639, Oregon Laws 2019.
(g) Sufficient areas designated for mixed use development to support and integrate viable com-
mercial and residential uses along with transportation options, including walking, bicycling and
transit use.
(h) Land use regulations ensuring that:
(A) Adequate capacity is available, or feasible with development, for water, sewer and storm
water services; and
(B) Adequate consideration is given to the financing, scheduling and development of urban ser-
vices, as defined in ORS 195.065.
(i) Land use regulations for transportation that:
Enrolled House Bill 2347 (HB 2347-A) Page 46
(A) Ensure the development of adequate infrastructure to support walking, bicycling, public
transit and motor vehicle movement; and
(B) Give adequate consideration to transportation networks that connect the Stevens Road tract
to other areas within the urban growth boundary of the city.
(j) The adequate consideration of the recommendations and comments received under section 8
(3) to (5), chapter 552, Oregon Laws 2021.
(2) The department may not approve the planning amendments under subsection (1) of this sec-
tion unless the planning amendments designate at least 20 net acres of land to be:
(a) Restricted so the area may be zoned, planned, sited or developed only for residential housing
units at a minimum density of nine residential units per gross acre;
(b) Conveyed to the city at a price per acre established under section 4 (2)(b), chapter 552,
Oregon Laws 2021; and
(c) Notwithstanding ORS 91.225 or [ 197.309] 197A.465, preserved for a period of no less than 50
years as affordable to own or rent as follows:
(A) At least 12 net acres made affordable to:
(i) Households with incomes of 60 percent or less of the area median income, as defined in ORS
456.270; or
(ii) If part of an income-averaging program approved by the Housing and Community Services
Department, households whose incomes average 60 percent or less of the area median income.
(B) At least six net acres:
(i) Made affordable to households with incomes of 80 percent or less of the area median income;
and
(ii) Made available, to the extent permitted by law, in a manner that gives a priority to house-
holds in which at least one individual is employed by an education provider over other members of
the public.
(C) At least two net acres in which at least 80 percent of the units in each contiguous devel-
opment tract are made affordable to households with 80 percent or less of the area median income,
of which at least one net acre is made available, to the extent permitted by law, in a manner that
gives a priority to households in which at least one individual is employed by an education provider
over other members of the public.
(3) Upon a partition or subdivision of the Stevens Road tract following the approval of the
planning amendments under subsection (1) of this section establishing one or more lots or parcels
described in subsection (2) of this section, the owner shall transfer those lots or parcels to the city.
For a period of 99 years after the purchase of property under this section, if the city resells any lot
or parcel, the city may recover only the city’s costs of the purchase and resale of the property.
(4) Neither the city nor the Department of Land Conservation and Development is obligated to
adopt any specific findings or evaluate any specific criteria in exercising its discretion with respect
to any Stevens Road planning amendments under this section and may receive, solicit or consider
information from any source.
(5) As used in this section, “education provider” means a school district as defined in ORS
332.002, an educational program under the Youth Corrections Education Program or Juvenile De-
tention Education Program as both are defined in ORS 326.695, or an education service district as
defined in ORS 334.003.
SECTION 47.
Section 1, chapter 103, Oregon Laws 2024, is amended to read:
Sec. 1. (1) As used in this section:
(a) “Housing development” means [ multifamily] multiunit housing or a mix of [ multifamily]
multiunit housing, middle housing and [ single-family housing units ] single-unit dwellings planned,
owned or constructed together through one or more applications or development projects under ORS
227.175 or a development agreement under ORS 94.504 to 94.528.
(b) “Infrastructure project” means a specific project for which funds are appropriated under
section 5 , chapter 103, Oregon Laws 2024 [ of this 2024 Act ].
Enrolled House Bill 2347 (HB 2347-A) Page 47
(c) “Workforce income household” means a household with income less than or equal to 130
percent of the county median income based on information or estimates available from the United
States Census Bureau.
(2) The Oregon Business Development Department shall provide grants to cities for the purpose
of developing infrastructure projects.
(3) To receive a grant under this section, a city must agree that:
(a) The infrastructure project will be within the city’s urban growth boundary and will con-
tribute to the development of housing within the urban growth boundary;
(b) The infrastructure project will be completed within 24 months of the disbursement of the
funds;
(c) The city has identified a specific, planned housing development that will be primarily bene-
fited by the infrastructure project;
(d) The city has or will enter into an agreement with the property owner of the housing devel-
opment as provided in subsection (4) of this section;
(e) The city will assign to the state any moneys or claims based on subsection (4)(c) of this
section; and
(f) The city will provide reports as required under section 2 , chapter 103, Oregon Laws 2024
[of this 2024 Act ].
(4) A city may not receive a disbursement of the grant until the city and the property owner
of the identified housing development have entered into one or more agreements to provide that:
(a) The owner will construct a minimum specified number of housing units before the latter of
36 months after the completion of the infrastructure project or 60 months after the disbursement
of the infrastructure grant.
(b) No less than 30 percent of the dwelling units within the housing development will be subject
to an affordable housing covenant, as defined in ORS 456.270, under which:
(A) The city shall serve as or designate the covenant holder; and
(B) The housing will be made affordable to workforce income households for a period of no less
than 10 years.
(c) In addition to any other remedies, the owner is liable to repay to the city the amount of the
infrastructure grant under this section if the units are not developed or the affordability is not
maintained as required in this subsection, except for delays outside of the owner’s control.
(d) The owner will assist the city in its reporting requirements under section 2 , chapter 103,
Oregon Laws 2024 [ of this 2024 Act ].
SECTION 48.
Section 38, chapter 110, Oregon Laws 2024, is amended to read:
Sec. 38. (1) As used in sections 38 to 41 , chapter 110, Oregon Laws 2024 [ of this 2024 Act ]:
(a) “Adjustment” means a deviation from an existing land use regulation.
(b) “Adjustment” does not include:
(A) A request to allow a use of property not otherwise permissible under applicable zoning re-
quirements;
(B) Deviations from land use regulations or requirements related to accessibility, affordability,
fire ingress or egress, safety, local tree codes, hazardous or contaminated site clean-up, wildlife
protection, or statewide land use planning goals relating to natural resources, natural hazards, the
Willamette River Greenway, estuarine resources, coastal shorelands, beaches and dunes or ocean
resources;
(C) A complete waiver of land use regulations or any changes beyond the explicitly requested
and allowed adjustments; or
(D) Deviations to requirements related to the implementation of fire or building codes, federal
or state air quality, water quality or surface, ground or stormwater requirements, or requirements
of any federal, state or local law other than a land use regulation.
(2) Except as provided in section 39 , chapter 110, Oregon Laws 2024 [of this 2024 Act ], a local
government shall grant a request for an adjustment in an application to develop housing as provided
Enrolled House Bill 2347 (HB 2347-A) Page 48
in this section. An application qualifies for an adjustment under this section only if the following
conditions are met:
(a) The application is for a building permit or a quasi-judicial, limited or ministerial land use
decision;
(b) The development is on lands zoned to allow for residential uses, including mixed-use resi-
dential;
(c) The residential development is for densities not less than those required under section 55
(3)(a)(C), chapter 110, Oregon Laws 2024 [ of this 2024 Act ];
(d) The development is within an urban growth boundary, not including lands that have not been
annexed by a city;
(e) The development is of net new housing units in new construction projects, including:
(A) [Single-family or multifamily ] Single-unit or multiunit housing ;
(B) Mixed-use residential where at least 75 percent of the developed floor area will be used for
residential uses;
(C) Manufactured dwelling parks;
(D) Accessory dwelling units; or
(E) Middle housing as defined in ORS 197A.420;
(f) The application requests not more than 10 distinct adjustments to development standards as
provided in this section. A “distinct adjustment” means:
(A) An adjustment to one of the development standards listed in subsection (4) of this section
where each discrete adjustment to a listed development standard that includes multiple component
standards must be counted as an individual adjustment; or
(B) An adjustment to one of the [ development] design standards listed in subsection (5) of this
section where each discrete adjustment to a listed [ development] design standard that includes
multiple component standards must be counted as an individual adjustment; and
(g) The application states how at least one of the following criteria apply:
(A) The adjustments will enable development of housing that is not otherwise feasible due to
cost or delay resulting from the unadjusted land use regulations;
(B) The adjustments will enable development of housing that reduces the sale or rental prices
per residential unit;
(C) The adjustments will increase the number of housing units within the application;
(D) All of the units in the application are subject to an affordable housing covenant as described
in ORS 456.270 to 456.295, making them affordable to moderate income households as defined in ORS
456.270 for a minimum of 30 years;
(E) At least 20 percent of the units in the application are subject to an affordable housing
covenant as described in ORS 456.270 to 456.295, making them affordable to low income households
as defined in ORS 456.270 for a minimum of 60 years;
(F) The adjustments will enable the provision of accessibility or visitability features in housing
units that are not otherwise feasible due to cost or delay resulting from the unadjusted land use
regulations; or
(G) All of the units in the application are subject to a zero equity, limited equity, or shared
equity ownership model including resident-owned cooperatives and community land trusts making
them affordable to moderate income households as described in ORS 456.270 to 456.295 for a period
of 90 years.
(3) A decision on an application for an adjustment made under this section is a limited land use
decision. Only the applicant may appeal the decision. No notice of the decision is required if the
application is denied, other than notice to the applicant. In implementing this subsection, a local
government may:
(a) Use an existing process, or develop and apply a new process, that complies with the re-
quirements of this subsection; or
(b) Directly apply the process set forth in this subsection.
(4) A local government shall grant an adjustment to the following development standards:
Enrolled House Bill 2347 (HB 2347-A) Page 49
(a) Side or rear setbacks, for an adjustment of not more than 10 percent.
(b) For an individual development project, the common area, open space or area that must be
landscaped on the same lot or parcel as the proposed housing, for a reduction of not more than 25
percent.
(c) Parking minimums.
(d) Minimum lot sizes, not more than a 10 percent adjustment, and including not more than a
10 percent adjustment to lot widths or depths.
(e) Maximum lot sizes, not more than a 10 percent adjustment, including not more than a 10
percent adjustment to lot width or depths and only if the adjustment results in:
(A) More dwelling units than would be allowed without the adjustment; and
(B) No reduction in density below the minimum applicable density.
(f) Building lot coverage requirements for up to a 10 percent adjustment.
(g) For manufactured dwelling parks, middle housing as defined in ORS 197A.420, [ multifamily]
multiunit housing and mixed-use residential housing:
(A) Requirements for bicycle parking that establish:
(i) The minimum number of spaces for use by the residents of the project, provided the applica-
tion includes at least one-half space per residential unit; or
(ii) The location of the spaces, provided that lockable, covered bicycle parking spaces are within
or adjacent to the residential development;
(B) For uses other than cottage clusters, as defined in ORS 197A.420 (1)[ (c)(D)], building height
maximums that:
(i) Are in addition to existing applicable height bonuses, if any; and
(ii) Are not more than an increase of the greater of:
(I) One story; or
(II) A 20 percent increase to base zone height with rounding consistent with methodology out-
lined in city code, if any;
(C) Unit density maximums, not more than an amount necessary to account for other adjust-
ments under this section; and
(D) Prohibitions, for the ground floor of a mixed-use building, against:
(i) Residential uses except for one face of the building that faces the street and is within 20 feet
of the street; and
(ii) Nonresidential active uses that support the residential uses of the building, including lobbies,
day care, passenger loading, community rooms, exercise facilities, offices, activity spaces or live-
work spaces, except for active uses in specifically and clearly defined [ mixed use ] mixed-use areas
or commercial corridors designated by local governments.
(5) A local government shall grant an adjustment to design standards that regulate:
(a) Facade materials, color or pattern.
(b) Facade articulation.
(c) Roof forms and materials.
(d) Entry and garage door materials.
(e) Garage door orientation, unless the building is adjacent to or across from a school or public
park.
(f) Window materials, except for bird-safe glazing requirements.
(g) Total window area, for up to a 30 percent adjustment, provided the application includes at
least 12 percent of the total facade as window area.
(h) For manufactured dwelling parks, middle housing as defined in ORS 197A.420, [ multifamily]
multiunit housing and mixed-use residential:
(A) Building orientation requirements, not including transit street orientation requirements.
(B) Building height transition requirements, not more than a 50 percent adjustment from the
base zone.
(C) Requirements for balconies and porches.
(D) Requirements for recesses and offsets.
Enrolled House Bill 2347 (HB 2347-A) Page 50
SECTION 49. Section 2, chapter 111, Oregon Laws 2024, is amended to read:
Sec. 2. (1)(a) On or before January 1, 2026, the Land Conservation and Development Commission
shall adopt three model ordinances providing clear and objective standards for the development of
various housing types within an urban growth boundary, including [ single-family detached housing ]
detached single-unit dwellings , middle housing, as defined in ORS 197A.420, accessory dwelling
units, as defined in ORS 197A.425, and [ multifamily] multiunit housing, that may be readily adopted
by a local government in compliance with the requirements of ORS 197.610.
(b) Among the three model ordinances adopted under this section:
(A) One must be targeted toward cities with a population of less than 2,500;
(B) One must be targeted toward cities with a population of 2,500 or greater and less than
25,000; and
(C) One must be targeted toward cities with a population of 25,000 or greater.
(c) In adopting model ordinances under this section, the commission:
(A) May consider geographic location and other regional factors; and
(B) May allow a city to adopt, in whole or in part, a model ordinance targeted toward a larger
city.
(2) A model ordinance adopted under this section is presumed to have clear and objective
standards.
(3) In adopting model ordinances under this section, the commission shall prioritize the princi-
ples and considerations under section 9 (2), chapter 13, Oregon Laws 2023.
SECTION 50.
Section 1, chapter 527, Oregon Laws 2021, is amended to read:
Sec. 1. As used in sections 1 to 5 , chapter 527, Oregon Laws 2021 [ of this 2021 Act ]:
(1) “Consumer Price Index for All Urban Consumers, West Region (All Items)” means the Con-
sumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau
of Labor Statistics of the United States Department of Labor.
(2)(a) “Eligible housing” means a newly constructed [ single-family] single-unit dwelling.
(b) “Eligible housing” does not include the land on which the [ single-family] single-unit dwelling
is situated.
(3) “Eligible owner” means an individual who will be the first person to own and occupy eligible
housing upon completion of construction and who occupies the eligible housing as the individual’s
primary residence.
(4) “Newly constructed” means constructed beginning on a date that occurs on or after the ef-
fective date of a workforce housing exemption law adopted by the governing body of the county in
which the eligible housing is located.
(5) “Workforce housing exemption law” or “exemption law” means an ordinance or resolution
adopted by the governing body of a county pursuant to section 2 , chapter 527, Oregon Laws 2021
[of this 2021 Act ].
UNIT CAPTIONS
SECTION 51. The unit captions used in this 2025 Act are provided only for the conven-
ience of the reader and do not become part of the statutory law of this state or express any
legislative intent in the enactment of this 2025 Act.
Enrolled House Bill 2347 (HB 2347-A) Page 51
Passed by House February 27, 2025
..................................................................................
Timothy G. Sekerak, Chief Clerk of House
..................................................................................
Julie Fahey, Speaker of House
Passed by Senate April 30, 2025
..................................................................................
Rob Wagner, President of Senate
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled House Bill 2347 (HB 2347-A) Page 52