Allows the owner of property outside an urban growth boundary to site an additional dwelling on the property for occupancy by a relative of the owner.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2400
Sponsored by Representative LEVY B; Representatives BREESE-IVERSON, MANNIX, Senators NASH, WEBER
(Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: This Act allows a rural homeowner to build a house for a relative. (Flesch Readability
Score: 63.4).
Allows the owner of property outside an urban growth boundary to site an additional dwelling
on the property for occupancy by a relative of the owner.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to family dwelling units; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Section 2 of this 2025 Act is added to and made a part of ORS chapter 215.
SECTION 2. (1) Notwithstanding any other limitations on the siting of dwellings under
this chapter or under any land use regulation applicable to the lot or parcel, the owner of a
lot or parcel outside an urban growth boundary may site a new single-family dwelling or
manufactured dwelling, subject to the following requirements:
(a) The lot or parcel may not be within an area designated as an urban reserve as defined
in ORS 197A.230.
(b) The owner must be an individual.
(c) At least one single-family dwelling must currently exist on the lot or parcel and it
may not be subject to an order declaring it a nuisance or to any pending action under ORS
105.550 to 105.600.
(d) The new dwelling must comply with all applicable laws and regulations relating to
sanitation and wastewater disposal and treatment.
(e) If the water supply source for the new dwelling 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 may be
within an area in which the Water Resources Commission has restricted new or existing
ground water uses under ORS 537.545 (1)(b) or (d).
(f) If, on the statewide wildfire hazard map adopted under ORS 477.490, the new dwelling
will be sited:
(A) Within the wildland-urban interface, the lot or parcel and the new dwelling must
comply with any applicable minimum defensible space requirements for wildfire risk re-
duction established 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;
(B) Within a high hazard zone, the new dwelling must comply with the construction
provisions of section R327 of the Oregon Residential Specialty Code;
NOTE:Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1025
HB 2400
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(C) Not within an area described in paragraph (a) or (b) of this subsection, the new
dwelling and the lot or parcel must comply with any applicable local requirements for
defensible space established by a local government pursuant to ORS 476.392.
(2) A county may not allow a dwelling established under this section to be used for:
(a) A vacation occupancy, as defined in ORS 90.100, for any person; or
(b) Except as provided in subsections (3) and (4) of this section, occupancy by any person
who is not the owner’s:
(A) Parent;
(B) Stepparent or parent’s domestic partner, as described in ORS 106.310;
(C) Sibling or sibling’s spouse or domestic partner;
(D) Child or child’s spouse or domestic partner;
(E) Spouse or domestic partner;
(F) Spouse’s or domestic partner’s child or that child’s spouse or domestic partner;
(G) Grandchild; or
(H) Grandparent.
(3) For a period of 18 months following the date that a family member of the owner as
described in subsection (2)(b) of this section moves out of a dwelling established under this
section, the owner may use the new dwelling for a residential tenancy for a tenant other
than a family member of the owner. Following that period, the dwelling must remain vacant
until occupied by a family member of the owner or as allowed under subsection (4) of this
section.
(4) Limitations under subsections (2)(b) and (3) of this section do not apply to a purchaser
of a lot or parcel with a new dwelling that was established under this section before the
property was listed, offered or sold.
(5) For a dwelling established under this section, a county may not approve a subdivision,
partition or other division of the lot or parcel so that an existing single-family dwelling is
situated on a different lot or parcel than the established dwelling.
SECTION 3.
This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
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