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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 78
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
session 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)
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 limits the size of replacement homes on forest or farm land. (Flesch Readability
Score:76.5).
Establishes maximum size of replacement dwellings on lands zoned for forest or farm use.
A BILL FOR AN ACT
Relating to replacement dwellings; amending ORS 215.291.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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
(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:
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 2008 SB78
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(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) Will not:
(i) Exceed the floor area of the dwelling being replaced by more than 10 percent; or
(ii) Have a floor area greater than 2,500 square feet.
[(C)] (D) Must comply with the construction provisions of section R327 of the Oregon Residen-
tial Specialty 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.
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