Signed by Governor Tina Kotek

Vote Smart's Synopsis:

Votes to concur with Senate amendments and pass a bill that expands middle housing options, limits restrictive covenants, and requires local governments and the Land Conservation and Development Commission (LCDC) to implement updated land use rules in Oregon.

Highlights:

• Defines “middle housing” as duplexes, triplexes, quadplexes, cottage clusters, or townhouses (Sec. 1).

• Prohibits local governments from requiring a traffic impact analysis or attributing non-standard charges based on traffic impacts from any individual middle housing development (Sec. 1).

• Requires cities to allow the following on any lot or parcel dedicated to middle housing, except for urban unincorporated land not within a metro area (Sec. 3):

• The development of one additional attached or detached dwelling unit on an existing duplex or triplex; and

• The development of up to two additional attached or detached dwelling units on an existing townhouse, quadplex, or cottage cluster.

• Authorizes the development of single room occupancies with up to three times the number of units allowed by the maximum density standards of typical multi-unit dwelling lots or parcels (Sec. 6).

• Specifies that existing provisions are considered void and unenforceable if they allow the development of single-unit dwellings but not middle housing or an accessory dwelling unit, and are located within an urban growth boundary (Sec. 6-7).

• Requires cities or counties to approve a tentative plan for a middle housing land division if the application includes a proposal that is in compliance with the Oregon residential specialty code and land use regulations (Sec. 14).

• Authorizes cities or counties to require separate water and wastewater utilities for each dwelling unit in a proposed middle housing land division (Sec. 14).

• Requires the governing body of a county or its designee to take final action within 100 days of completion of an application for the development of affordable housing (Sec. 16-17).

• Requires local governments to approve a partition or subdivision in an expedited manner if requested by the applicant, if the division is within an urban growth boundary, is solely for the purpose of residential use, satisfies minimum zoning standards for the land, and is not located on land designated for protection of natural features (Sec. 19).

• Prohibits local governments from allowing any third party to intervene to oppose an application (Sec. 20).

• Requires the Land Conservation and Development Commission to adopt rules by January 1, 2028 that include (Sec. 22):

• Prohibiting siting and design standards that prevent or discourage the siting of prefabricated middle housing;

• Establishing parameters on unreasonable cost or delay for siting and design standards for accessory dwelling units and single room occupancies;

• Regulating cottage clusters to incentivise the provision of affordable housing and shared community amenities;

• Amending siting and design parameters for middle housing types; and

• Establishing procedures to estimate the reasonable zoned housing capacity of an area to develop an inventory of housing capacity.

Full Bill Text

Vote Smart's Synopsis:

Votes to amend and pass a bill that expands middle housing options, limits restrictive covenants, and requires local governments and the Land Conservation and Development Commission (LCDC) to implement updated land use rules in Oregon.

Highlights:

• Defines “middle housing” as duplexes, triplexes, quadplexes, cottage clusters, or townhouses (Sec. 1).

• Prohibits local governments from requiring a traffic impact analysis or attributing non-standard charges based on traffic impacts from any individual middle housing development (Sec. 1).

• Requires cities to allow the following on any lot or parcel dedicated to middle housing, except for urban unincorporated land not within a metro area (Sec. 3):

• The development of one additional attached or detached dwelling unit on an existing duplex or triplex; and

• The development of up to two additional attached or detached dwelling units on an existing townhouse, quadplex, or cottage cluster.

• Authorizes the development of single room occupancies with up to three times the number of units allowed by the maximum density standards of typical multi-unit dwelling lots or parcels (Sec. 6).

• Specifies that existing provisions are considered void and unenforceable if they allow the development of single-unit dwellings but not middle housing or an accessory dwelling unit, and are located within an urban growth boundary (Sec. 6-7).

• Requires cities or counties to approve a tentative plan for a middle housing land division if the application includes a proposal that is in compliance with the Oregon residential specialty code and land use regulations (Sec. 14).

• Authorizes cities or counties to require separate water and wastewater utilities for each dwelling unit in a proposed middle housing land division (Sec. 14).

• Requires the governing body of a county or its designee to take final action within 100 days of completion of an application for the development of affordable housing (Sec. 16-17).

• Requires local governments to approve a partition or subdivision in an expedited manner if requested by the applicant, if the division is within an urban growth boundary, is solely for the purpose of residential use, satisfies minimum zoning standards for the land, and is not located on land designated for protection of natural features (Sec. 19).

• Prohibits local governments from allowing any third party to intervene to oppose an application (Sec. 20).

• Requires the Land Conservation and Development Commission to adopt rules by January 1, 2028 that include (Sec. 22):

• Prohibiting siting and design standards that prevent or discourage the siting of prefabricated middle housing;

• Establishing parameters on unreasonable cost or delay for siting and design standards for accessory dwelling units and single room occupancies;

• Regulating cottage clusters to incentivise the provision of affordable housing and shared community amenities;

• Amending siting and design parameters for middle housing types; and

• Establishing procedures to estimate the reasonable zoned housing capacity of an area to develop an inventory of housing capacity.

Full Bill Text

Vote Smart's Synopsis:

Votes to pass a bill that expands middle housing options, limits restrictive covenants, and requires local governments and the Land Conservation and Development Commission (LCDC) to implement updated land use rules in Oregon.

Highlights:

• Defines “middle housing” as duplexes, triplexes, quadplexes, cottage clusters, or townhouses (Sec. 1).

• Prohibits local governments from requiring a traffic impact analysis or attributing non-standard charges based on traffic impacts from any individual middle housing development (Sec. 1).

• Requires cities to allow the following on any lot or parcel dedicated to middle housing, except for urban unincorporated land not within a metro area (Sec. 3):

• The development of one additional attached or detached dwelling unit on an existing duplex or triplex; and

• The development of up to two additional attached or detached dwelling units on an existing townhouse, quadplex, or cottage cluster.

• Authorizes the development of single room occupancies with up to three times the number of units allowed by the maximum density standards of typical multi-unit dwelling lots or parcels (Sec. 6).

• Specifies that existing provisions are considered void and unenforceable if they allow the development of single-unit dwellings but not middle housing or an accessory dwelling unit, and are located within an urban growth boundary (Sec. 6-7).

• Requires cities or counties to approve a tentative plan for a middle housing land division if the application includes a proposal that is in compliance with the Oregon residential specialty code and land use regulations (Sec. 14).

• Authorizes cities or counties to require separate water and wastewater utilities for each dwelling unit in a proposed middle housing land division (Sec. 14).

• Requires the governing body of a county or its designee to take final action within 100 days of completion of an application for the development of affordable housing (Sec. 16-17).

• Requires local governments to approve a partition or subdivision in an expedited manner if requested by the applicant, if the division is within an urban growth boundary, is solely for the purpose of residential use, satisfies minimum zoning standards for the land, and is not located on land designated for protection of natural features (Sec. 19).

• Prohibits local governments from allowing any third party to intervene to oppose an application (Sec. 20).

• Requires the Land Conservation and Development Commission to adopt rules by January 1, 2028 that include (Sec. 22):

• Prohibiting siting and design standards that prevent or discourage the siting of prefabricated middle housing;

• Establishing parameters on unreasonable cost or delay for siting and design standards for accessory dwelling units and single room occupancies;

• Regulating cottage clusters to incentivise the provision of affordable housing and shared community amenities;

• Amending siting and design parameters for middle housing types; and

• Establishing procedures to estimate the reasonable zoned housing capacity of an area to develop an inventory of housing capacity.

Full Bill Text