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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
Senate Bill 75
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conform-
ance with presession filing rules, indicating neither advocacy nor opposition on the part of the
President (at the request of Senate Interim Committee on Natural Resources and Wildfire)
CHAPTER .................................................
AN ACT
Relating to wildfire hazard requirements for nonurban dwellings; amending ORS 215.291 and 215.495.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 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 dwelling is sited on the lot or parcel;
(d) The existing single-family 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;
(g) The accessory dwelling unit will be located no farther than 100 feet from the existing
single-family 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; and
[(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 estab-
Enrolled Senate Bill 75 (SB 75-A)Page 1
lished 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)] (k) 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; and
(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 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 dwell-
ing, 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 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 2.
ORS 215.291 is amended to read:
215.291. (1) A lawfully established dwelling may be altered, restored or replaced under ORS
215.213 (1)(q), 215.283 (1)(p) or 215.755 (1) if the county determines that the dwelling to be altered,
restored or replaced:
(a) Has, or formerly had:
(A) Intact exterior walls and roof structure;
(B) Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a
sanitary waste disposal system;
(C) Interior wiring for interior lights; and
(D) A heating system; and
(b)(A) Unless the value of the dwelling was eliminated as a result of destruction or demolition,
was assessed as a dwelling for purposes of ad valorem taxation since the later of:
(i) Five years before the date of the application; or
(ii) The date that the dwelling was erected upon or fixed to the land and became subject to
property tax assessment; or
Enrolled Senate Bill 75 (SB 75-A) Page 2
(B) If the value of the dwelling was eliminated as a result of destruction or demolition, was as-
sessed as a dwelling for purposes of ad valorem taxation prior to the destruction or demolition and
since the later of:
(i) Five years before the date of the destruction or demolition; or
(ii) The date that the dwelling was erected upon or fixed to the land and became subject to
property tax assessment.
(2) For replacement of a lawfully established dwelling under this section:
(a) The dwelling to be replaced must be removed, demolished or converted to an allowable
nonresidential use within three months after the date the replacement dwelling is certified for oc-
cupancy pursuant to ORS 455.055.
(b) The replacement dwelling:
(A) May be sited on any part of the same lot or parcel.
(B) Must comply with applicable siting standards. However, the standards may not be applied
in a manner that prohibits the siting of the replacement dwelling.
[(C) Must comply with the construction provisions of section R327 of the Oregon Residential Spe-
cialty Code, if: ]
[(i) The dwelling is in an area identified as extreme or high wildfire risk on the statewide map of
wildfire risk described in ORS 477.490; or ]
[(ii) No statewide map of wildfire risk has been adopted. ]
(c) As a condition of approval, if the dwelling to be replaced is located on a portion of the lot
or parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be re-
corded in the deed records of the county in which the property is located a deed restriction pro-
hibiting the siting of another dwelling on that portion of the lot or parcel. The restriction imposed
is irrevocable unless the county planning director, or the director’s designee, places a statement of
release in the deed records of the county to the effect that the provisions of this section and either
ORS 215.213 or 215.283 regarding replacement dwellings have changed to allow the lawful siting of
another dwelling.
(3) The county planning director, or the director’s designee, shall maintain a record of the lots
and parcels that do not qualify for the siting of a new dwelling under subsection (2) of this section,
including a copy of the deed restrictions filed under subsection (2)(c) of this section.
(4) If an applicant is granted a deferred replacement permit under this section:
(a) The deferred replacement permit:
(A) Does not expire but the permit becomes void unless the dwelling to be replaced is removed
or demolished within three months after the deferred replacement permit is issued; and
(B) May not be transferred, by sale or otherwise, except by the applicant to the spouse or a
child of the applicant.
(b) The replacement dwelling must comply with applicable building codes, plumbing codes, san-
itation codes and other requirements relating to health and safety or to siting at the time of con-
struction.
(5) An application under this section must be filed within three years following the date that the
dwelling last possessed all the features listed under subsection (1)(a) of this section.
(6) Construction of a replacement dwelling approved under this section must commence no later
than four years after the approval of the application under this section becomes final.
Enrolled Senate Bill 75 (SB 75-A) Page 3
Passed by Senate April 10, 2025
..................................................................................
Obadiah Rutledge, Secretary of Senate
..................................................................................
Rob Wagner, President of Senate
Passed by House June 26, 2025
..................................................................................
Julie Fahey, Speaker of House
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 Senate Bill 75 (SB 75-A) Page 4