Allows development of certain accessory dwelling units, recreational vehicles or emergency shelters on farmland on which is sited certain nonfarm dwellings.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 940
Sponsored by Senator NASH
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 expands the meaning of “area zoned for rural residential use” for land use
planning. (Flesch Readability Score: 60.1).
Allows development of certain accessory dwelling units, recreational vehicles or emergency
shelters on farmland on which is sited certain nonfarm dwellings. Subjects such lands to other land
use planning requirements.
A BILL FOR AN ACT
Relating to rural residential lands; amending ORS 215.501.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
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 dwelling.
(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 :
(A) 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[.]; or
(B) Zoned for exclusive farm use, but has a dwelling which was sited under ORS 215.213
(3) or (4) or 215.284.
(c) “Historic home” means a single-family 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 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
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
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 1667
SB 940
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
new single-family 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 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
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 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 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 dwelling or conversion of a historic home to an accessory dwelling unit under this section.
[2]