HB2658 • 2025

Prohibits a municipality from requiring in, or as a condition of obtaining, a construction permit to renovate or otherwise alter an existing building that the construction permit holder install a frontage improvement if the alteration does not increase the building's square footage or footprint, if the cost of the alteration does not exceed a specified amount and if existing or proposed uses for the building do not change the occupancy classification group that applied to the building.

Land

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Representative Evans, Representative Andersen,, Senator Smith DB,
Last action: 2025-08-07
Official status: Chapter Number Assigned
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Prohibits a municipality from requiring in, or as a condition of obtaining, a construction permit to renovate or otherwise alter an existing building that the construction permit holder install a frontage improvement if the alteration does not increase the building's square footage or footprint, if the cost of the alteration does not exceed a specified amount and if existing or proposed uses for the building do not change the occupancy classification group that applied to the building.

Digest: Says that a city or county may not in some cases make a person repair or build a road, curb, gutter or sidewalk in order to get a building permit.

What This Bill Does

Digest: Says that a city or county may not in some cases make a person repair or build a road, curb, gutter or sidewalk in order to get a building permit.
(Flesch Readability Score: 60.7). [Digest: This Act stops cities and counties from making a builder complete a project that the city or county already has plans to build.
(Flesch Readability Score: 62.1).] [Prohibits cities or counties from conditioning a permit or zoning change on the development of an improvement project that has already been financed, planned or approved.] Prohibits a municipality from requiring in, or as a condition of obtaining, a construction permit to renovate or otherwise alter an existing building that the construction permit holder install a frontage improvement if the alteration does not increase the building's square footage or footprint, if the cost of the alteration does not exceed a specified amount and if existing or proposed uses for the building do not change the occupancy classification group that applied to the building.
Specifies exemptions from the prohibition.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2025-08-07 House
Chapter 486, (2025 Laws): Effective date January 1, 2026.
2025-07-17 House
Governor signed.
2025-06-26 House
Speaker signed.
2025-06-26 Senate
President signed.
2025-06-24 House
House concurred in Senate amendments and repassed bill. Ayes, 51; Excused, 7--Cate, Diehl, Evans, Harbick, Nguyen H, Wallan, Yunker; Excused for Business of the House, 2--Smith G, Speaker Fahey.
2025-06-23 Senate
Third reading. Carried by Bonham. Passed. Ayes, 29; Nays, 1--Neron Misslin.
2025-06-23 Senate
Vote explanation(s) filed by Neron Misslin.
2025-06-20 Senate
Second reading.
2025-06-19 Senate
Recommendation: Do pass with amendments. (Printed A-Eng.)
2025-06-17 Senate
Work Session held.
2025-06-16 Senate
Public Hearing held.
2025-06-09 Senate
Recommendation: Without recommendation as to passage and be referred to Rules.
2025-06-09 Senate
Referred to Rules by order of the President.
2025-05-21 Senate
Work Session held.
2025-05-14 Senate
Public Hearing held.
2025-04-21 Senate
Referred to Housing and Development.
2025-04-16 Senate
First reading. Referred to President's desk.
2025-04-15 House
Third reading. Carried by Evans. Passed. Ayes, 46; Nays, 5--Chotzen, Gamba, Neron, Nguyen D, Nosse; Excused, 4--Cate, McDonald, Nguyen H, Walters; Excused for Business of the House, 5--Helm, McIntire, Owens, Reschke, Sanchez.
2025-04-14 House
Second reading.
2025-04-11 House
Recommendation: Do pass.
2025-04-08 House
Work Session held.
2025-04-03 House
Public Hearing held.
2025-01-17 House
Referred to Emergency Management, General Government, and Veterans.
2025-01-13 House
First reading. Referred to Speaker's desk.

Official Summary Text

<b>Digest: Says that a city or county may not in some cases make a person repair or build a road, curb, gutter or sidewalk in order to get a building permit. (Flesch Readability Score: 60.7).</b>
[<i>Digest: This Act stops cities and counties from making a builder complete a project that the city or county already has plans to build. (Flesch Readability Score: 62.1).</i>]
[<i>Prohibits cities or counties from conditioning a permit or zoning change on the development of an improvement project that has already been financed, planned or approved.</i>]
<b>Prohibits a municipality from requiring in, or as a condition of obtaining, a construction permit to renovate or otherwise alter an existing building that the construction permit holder install a frontage improvement if the alteration does not increase the building's square footage or footprint, if the cost of the alteration does not exceed a specified amount and if existing or proposed uses for the building do not change the occupancy classification group that applied to the building. Specifies exemptions from the prohibition. Requires a municipality and the Department of Transportation to determine if a design, engineering or construction plan exists for any frontage improvements that the municipality or the department requires along a state highway as a condition of obtaining a construction permit or final action on a permit or zone change.</b>
Applies to [<i>cities or counties</i>]<b> municipalities</b> with a population of 15,000 or greater. Beginning on January 1, 2031, applies to all [<i>cities and counties</i>]<b> municipalities</b>.
Relating to: Relating to conditions of development.
Current location: Chapter Number Assigned

Current Bill Text

Read the full stored bill text

83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
House Bill 2658
Sponsored by Representative EVANS; Representative ANDERSEN, Senator SMITH DB (Presession
filed.)
CHAPTER .................................................
AN ACT
Relating to conditions of development.
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 455.410 to
455.740.
SECTION 2. (1) As used in this section:
(a) “Alteration” means any construction or renovation to an existing structure other
than a repair or addition to the existing structure.
(b) “Construction permit” means a building permit or a permit for electrical work, me-
chanical work or plumbing work in a building.
(c)(A) “Frontage improvement” means repairs to or construction or renovation of
roadway surfaces, curbs, gutters, sidewalks and similar or related infrastructure that is:
(i) Privately constructed;
(ii) Located within a public right of way; and
(iii) Adjacent to property for which a municipality has issued a construction permit.
(B) “Frontage improvement” does not include repairing damage that a holder of a con-
struction permit caused.
(2)(a) Except as provided in paragraph (b) of this subsection, a municipality with a pop-
ulation of 15,000 or more may not require in, or as a condition of obtaining, a construction
permit to renovate or otherwise alter an existing building that the holder of the construction
permit install a frontage improvement, or have a frontage improvement installed, if:
(A) The alteration does not result in an increase to the building’s square footage or
footprint;
(B) The cost of the alteration does not exceed the amount the Director of the Depart-
ment of Consumer and Business Services specifies under subsection (3) of this section; and
(C) Existing or proposed uses for the building do not result in a change to the occupancy
classification group that applied to the building at the time the municipality received an ap-
plication for the construction permit.
(b) The prohibition described in paragraph (a) of this subsection does not apply:
(A) To any of the following conditions a municipality may impose upon a construction
permit:
(i) A dedication of right-of-way;
(ii) An assessment or required payment of a system development charge;
(iii) A waiver of remonstrance to the formation of a local improvement district; or
Enrolled House Bill 2658 (HB 2658-A) Page 1
(iv) An assessment or collection of fees for a local improvement district or charges in
lieu of a local improvement district assessment; or
(B) If the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., as in effect
on the effective date of this 2025 Act, requires the municipality to include the installation
of a frontage improvement as a condition in, or as a condition of obtaining, a construction
permit.
(3) The director shall set the initial cost that an alteration may not exceed under sub-
section (2)(a)(B) of this section at $150,000 and each year shall adjust the cost to reflect
changes in the Consumer 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.
(4) If a municipality or the Department of Transportation requires a person to install a
frontage improvement along a state highway as a condition in, or a condition of obtaining,
a construction permit or obtaining final action on a permit or zone change under ORS 215.427
or 227.175, the municipality and the department shall coordinate with the person to deter-
mine if design, engineering or construction plans already exist for the required frontage
improvement.
SECTION 3. Section 2 of this 2025 Act is amended to read:
Sec. 2. (1) As used in this section:
(a) “Alteration” means any construction or renovation to an existing structure other than a
repair or addition to the existing structure.
(b) “Construction permit” means a building permit or a permit for electrical work, mechanical
work or plumbing work in a building.
(c)(A) “Frontage improvement” means repairs to or construction or renovation of roadway sur-
faces, curbs, gutters, sidewalks and similar or related infrastructure that is:
(i) Privately constructed;
(ii) Located within a public right of way; and
(iii) Adjacent to property for which a municipality has issued a construction permit.
(B) “Frontage improvement” does not include repairing damage that a holder of a construction
permit caused.
(2)(a) Except as provided in paragraph (b) of this subsection, a municipality [ with a population
of 15,000 or more ] may not require in, or as a condition of obtaining, a construction permit to ren-
ovate or otherwise alter an existing building that the holder of the construction permit install a
frontage improvement, or have a frontage improvement installed, if:
(A) The alteration does not result in an increase to the building’s square footage or footprint;
(B) The cost of the alteration does not exceed the amount the Director of the Department of
Consumer and Business Services specifies under subsection (3) of this section; and
(C) Existing or proposed uses for the building do not result in a change to the occupancy clas-
sification group that applied to the building at the time the municipality received an application for
the construction permit.
(b) The prohibition described in paragraph (a) of this subsection does not apply:
(A) To any of the following conditions a municipality may impose upon a construction permit:
(i) A dedication of right-of-way;
(ii) An assessment or required payment of a system development charge;
(iii) A waiver of remonstrance to the formation of a local improvement district; or
(iv) An assessment or collection of fees for a local improvement district or charges in lieu of a
local improvement district assessment; or
(B) If the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., as in effect on the
effective date of this 2025 Act, requires the municipality to include the installation of a frontage
improvement as a condition in, or as a condition of obtaining, a construction permit.
(3) The director shall set the initial cost that an alteration may not exceed under subsection
(2)(a)(B) of this section at $150,000 and each year shall adjust the cost to reflect changes in the
Enrolled House Bill 2658 (HB 2658-A) Page 2
Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bu-
reau of Labor Statistics of the United States Department of Labor.
(4) If a municipality or the Department of Transportation requires a person to install a frontage
improvement along a state highway as a condition in, or a condition of obtaining, a construction
permit or obtaining final action on a permit or zone change under ORS 215.427 or 227.175, the
municipality and the department shall coordinate with the person to determine if design, engineering
or construction plans already exist for the required frontage improvement.
SECTION 4. The amendments to section 2 of this 2025 Act by section 3 of this 2025 Act
become operative on January 1, 2031.
Passed by House April 15, 2025
Repassed by House June 24, 2025
..................................................................................
Timothy G. Sekerak, Chief Clerk of House
..................................................................................
Julie Fahey, Speaker of House
Passed by Senate June 23, 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 2658 (HB 2658-A) Page 3