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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
A-Engrossed
House Bill 2258
Ordered by the House April 11
Including House Amendments dated April 11
Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of House Interim Committee
on Housing and Homelessness)
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. The statement includes a measure digest written in compliance with applicable readability standards.
Digest: This Act lets LCDC and DCBS preapprove housing plans. (Flesch Readability
Score:75.5).
[Digest: The Act tells OHCS to study housing. (Flesch Readability Score: 90.9).]
[Requires the Housing and Community Services Department to study housing and to report to the
interim committees of the Legislative Assembly related to housing by September 15, 2026.]
Authorizes the Land Conservation and Development Commission to adopt rules requiring
local governments to approve certain land use applications for residential developments using
building plans preapproved by the Department of Consumer and Business Services. Requires
adoption of initial rules by January 1, 2027.
Authorizes the Department of Consumer and Business Services to develop a process to
preapprove residential building plans.
Declares an emergency, effective on passage.
A BILL FOR AN ACT
Relating to housing; and declaring an emergency.
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 197A.
SECTION 2.(1) The definitions in ORS 197A.420 apply to this section.
(2) The Land Conservation and Development Commission may adopt rules requiring local
governments to issue a land use decision, notwithstanding any comprehensive plan or land
use regulations or statewide land use planning goals, approving the development of specified
residential development types on certain lots or parcels under specified conditions.
(3) A rule issued under this section may only pertain to lots or parcels that are:
(a) Lawfully established units of land;
(b) Within an urban growth boundary;
(c) Zoned to allow residential use;
(d) At least 1,500 square feet;
(e) Not larger than 20,000 square feet;
(f) Not covered by slopes averaging more than 15 percent;
(g) Not within an area identified in an inventory or map that is part of the local
government’s comprehensive plan as:
(A) Environmentally sensitive or containing significant natural resources;
(B) Open space or scenic areas; or
(C) Natural hazard areas, including floodplains, river greenways, landslide zones or
wildfire risk areas; and
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 1824 A-Eng. HB 2258
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(h) Vacant, including a lot or parcel:
(A) Created by any lawful division of land, regardless of when the division occurred.
(B) On which is sited a nonresidential structure that is nonconforming or not suitable
for any lawful use.
(C) For which residential units were demolished more than five years prior.
(D) For which residential units were demolished within the previous five years, provided
that the approved development would create net additional units and would use a building
construction plan approved under section 5 of this 2025 Act.
(4) The residential development types that may be approved under this section may only
include:
(a) Attached or detached housing, including accessory dwelling units or prefabricated or
modular housing.
(b) Types with a buildable area of:
(A) A size of not more than 2,200 square feet for a single-unit dwelling, accessory dwell-
ing unit, duplex, triplex, quadplex or townhouse.
(B) An average per-unit size of not more than 1,400 square feet for cottage clusters or
a multiunit dwelling.
(c) A multiunit dwelling with more than six and fewer than 12 units.
(d) Housing that complies with the minimum density requirements of the applicable
comprehensive plan or land use regulations for the lot or parcel.
(e) Housing types whose building plans have been approved under section 5 of this 2025
Act.
(5) The commission may specify for the approved residential development types allowed
under this section:
(a) Processes that the local governments may apply to the development, except for public
facilities or traffic impact analysis processes, which the local government may establish and
implement.
(b) Applicable design standards and the scope of the design review, which may include
requiring the approval of the use of any material, design or method of construction that is
approved under the applicable building code or approved under section 5 of this 2025 Act.
(c) Allowable variations or adjustments, or variation or adjustment types, from the spe-
cific approval. A local government is not required to grant a request for adjustment under
sections 38 to 41, chapter 110, Oregon Laws 2024, to development authorized under this sec-
tion except as specified by the commission.
(d) Limits on land use, including establishing appropriate minimum or maximum set-
backs, parking requirements, floor-to-area ratios or minimum dwelling units per acre.
(e) Standards for tree removal, replacement or planting. The standards for tree removal
must include:
(A) Prohibiting the removal of heritage trees or trees with a DBH, as defined in ORS
90.100, of 20 inches or more.
(B) Requiring the replacement of or replanting on or adjacent to the developed lot or
parcel for every removed tree that is:
(i) Locally designated as a protected species;
(ii) Not deemed unhealthy by a certified arborist; and
(iii) Has a DBH of 12 inches or more.
[2] A-Eng. HB 2258
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(6) In adopting rules under this section, the commission shall coordinate with the review
of building construction plans by the Department of Consumer and Business Services under
section 5 of this 2025 Act.
SECTION 3. The Land Conservation and Development Commission shall adopt initial
rules implementing section 2 of this 2025 Act on or before January 1, 2027.
SECTION 4.Section 5 of this 2025 Act is added to and made a part of ORS chapter 455.
SECTION 5. (1) The Department of Consumer and Business Services may designate a
process by which an applicant for a building permit for a residential structure of a type de-
scribed in section 2 (4)(a) to (c) of this 2025 Act may receive building construction plan ap-
proval from the municipality, including through the use of:
(a) Typical drawings and specifications created by the department under ORS 455.062.
(b) Review of plans and specifications approved by the department under ORS 455.685.
Plans and specifications submitted under this paragraph will remain proprietary unless the
submitter requests otherwise.
(2) In implementing this section the department may coordinate with approvals of land
use plans by the Land Conservation and Development Commission under section 2 of this
2025Act.
SECTION 6. This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
[3]