1
2
3
4
5
6
7
8
9
10
11
12
13
14
83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
A-Engrossed
Senate Bill 83
Ordered by the Senate April 18
Including Senate Amendments dated April 18
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. The statement includes a measure digest written in compliance with applicable readability standards.
Digest: The Act makes changes related to reducing wildfire risk. The Act makes changes
related to fire protection. The Act takes effect when signed. (Flesch Readability Score: 70.3).
[Digest: The Act makes changes related to reducing wildfire risk. The Act makes changes related
to fire protection. The Act gives money as a match for certain funds. (Flesch Readability Score:
72.3).]
[Makes changes related to building code standards for wildfire hazard mitigation.]
[Makes changes to consultations that are required for a certain grant process.]
[Makes changes related to fire protection for lands outside of forest protection districts.]
[Makes certain changes related to a program to reduce wildfire risk.]
[Appropriates moneys out of the General Fund to the Higher Education Coordinating Commission
for funding certain grant-supported projects.]
Eliminates certain building code standards and mapping requirements for wildfire hazard
mitigation.
Directs the State Fire Marshal to develop a model code for defensible space to reduce
wildfirerisk.
Modifies the membership of the Wildfire Programs Advisory Council.
Directs the Department of Consumer and Business Services to adopt certain wildfire
hazard mitigation code standards.
Voids the State Forestry Department orders that had assigned property to a wildfire
hazardzone.
Makes changes to certain wildfire risk reduction reports that certain state agencies are
required to prepare.
Declares an emergency, effective on passage.
A BILL FOR AN ACT
Relating to wildfire; creating new provisions; amending ORS 105.464, 197.716, 215.291, 215.495,
476.392, 476.398, 476.687, 476.690, 476.696, 477.015, 477.503, 477.748 and 526.272; repealing ORS
455.612, 455.614, 476.390, 476.394, 477.027, 477.161 and 477.490 and sections 12a, 12b, 12d and 29,
chapter 592, Oregon Laws 2021; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
REPEALS
SECTION 1. (1) ORS 455.612, 455.614, 476.390, 476.394, 477.027, 477.161 and 477.490 and
sections 12a, 12b and 29, chapter 592, Oregon Laws 2021, are repealed.
(2) Section 12d, chapter 592, Oregon Laws 2021, as amended by section 10, chapter 611,
Oregon Laws 2023, is repealed.
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 3373 A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
DEFENSIBLE SPACE
SECTION 2. ORS 476.392 is amended to read:
476.392. [(1) The State Fire Marshal shall establish minimum defensible space requirements for
wildfire risk reduction on lands in areas identified on the statewide wildfire hazard map described in
ORS 477.490 as within the wildland-urban interface.]
[(2) The State Fire Marshal:]
[(a) Shall consult with the Oregon Fire Code Advisory Board to establish the requirements.]
[(b) Shall establish requirements that are consistent with and do not exceed the standards per-
taining only to defensible space that are set forth in the International Wildland-Urban Interface Code
published by the International Code Council, including the standards pertaining only to defensible
space that are set forth in sections 603 and 604 of the code.]
[(c) May consider best practices specific to Oregon in order to establish the requirements.]
[(d) Shall periodically reexamine the standards set forth in the International Wildland-Urban
Interface Code and update the requirements to reflect current best practices, in consultation with the
Oregon Fire Code Advisory Board.]
[(e) Shall enforce the requirements that are applicable to lands within the jurisdiction of a local
government.]
[(f) Shall adopt rules governing administration of the requirements.]
[(g) May develop and apply a graduated fee structure for use in assessing penalties on property
owners for noncompliance with the requirements.]
[(h) Shall consult on implementation of the requirements.]
[(i) May adopt rules concerning reports by local governments described in subsection (4)(a) of this
section.]
[(3) Subject to additional local requirements, the requirements shall apply statewide for all lands
in the wildland-urban interface that are designated as being in the high wildfire hazard zone, as
identified on the map.]
[(4) Notwithstanding subsection (2) of this section, a local government may:]
[(a) Administer, consult on and enforce the requirements established by the State Fire Marshal,
within the jurisdiction of the local government. A local government that administers or enforces the
requirements established by the State Fire Marshal shall periodically report to the State Fire Marshal
regarding compliance with the requirements, including the extent of compliance for each property
within the jurisdiction of the local government, any change in the degree of compliance since the last
report and any other information required by the State Fire Marshal by rule.]
[(b) Adopt and enforce local requirements for defensible space that are greater than the require-
ments established by the State Fire Marshal. Any local requirements that a local government adopts
for defensible space must be defensible space standards selected from the framework set forth in the
International Wildland-Urban Interface Code or other best practices specific to Oregon.]
[(c) Designate local fire districts, fire departments or fire agencies to enforce the requirements es-
tablished by the State Fire Marshal or the local government pursuant to paragraph (b) of this sub-
section. A local government that designates enforcement must comply with the reporting requirements
in paragraph (a) of this subsection.]
(1) As used in this section, “defensible space” means a natural or human-made area in
which material capable of supporting the spread of fire has been treated, cleared or modified
to slow the rate and intensity of advancing wildfire and allow space for fire suppression op-
[2] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
erations to occur.
[(5)] (2) The State Fire Marshal shall administer a community risk reduction program that em-
phasizes education and methods of prevention with respect to:
(a) Wildfire risk[, enforcement of];
(b) The creation of a model code for defensible space [requirements,];
(c) Response planning; and
(d) Community preparedness for wildfires.
(3) As part of the program, in consultation with the Oregon Fire Code Advisory Board,
the State Fire Marshal shall create and make available to local governments a model code
for defensible space that:
(a) Includes standards that are consistent with, and do not exceed, the standards in the
2024 International Wildland-Urban Interface Code (October 2024), published by the Interna-
tional Code Council, that pertain to defensible space, including the standards in sections 603
and 604 of the code; and
(b) To the extent consistent with the standards in the code described in paragraph (a)
of this subsection, results from a consideration of best practices specific to this state.
(4) The State Fire Marshal may not require a local government to adopt the model code
described in subsection (3) of this section.
[(6)] (5)As part of the program, the State Fire Marshal may provide financial, administrative,
technical or other assistance to a local government to facilitate the [administration and enforcement
of requirements within the jurisdiction of the local government] creation of defensible space.
(6) A local government shall expend financial assistance provided by the State Fire Marshal
under [this] subsection (5) of this section to give priority to the creation of defensible space:
(a) On lands on which members of socially and economically vulnerable communities, persons
with limited proficiency in English and persons of lower income, as defined in ORS 456.055, reside.
(b) For critical or emergency infrastructure.
(c) For schools, hospitals and facilities that serve seniors.
WILDLAND-URBAN INTERFACE
SECTION 3. ORS 477.015 is amended to read:
477.015. As used in this section and ORS 477.025 [and 477.027,]:
(1) “Wildland” means:
(a) Forestland, as defined in ORS 477.001; or
(b) An unimproved area that contains enough unmanaged vegetation, at any time of the
year, to constitute a fire hazard, in the judgment of the forester, regardless of how the area
is zoned or taxed.
(2) “Wildland-urban interface” [has the meaning given that term in rule by the State Board of
Forestry] means a geographic area in which there is a concentration of dwellings in an urban
or suburban setting near wildland.
SECTION 4. ORS 477.503 is amended to read:
477.503. (1) As used in this section, “wildland-urban interface” has the meaning given that
term in ORS 477.015.
[(1)(a)] (2)(a) The State Forestry Department shall design and implement a program to reduce
wildfire risk through the restoration of landscape resiliency and the reduction of hazardous fuel on
[3] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
public or private forestlands and rangelands and in communities near homes and critical
infrastructure.
(b) The department shall ensure that the program is consistent with the objectives described in
this section and biennially select, administer and evaluate projects consistent with the objectives
described in this subsection.
(c) When developing program and project selection criteria, the department shall, to the extent
practicable, consult and cooperate with state and federal agencies, counties, cities and other units
of local government, federally recognized Indian tribes in this state, public and private forestland
and rangeland owners, forest and rangeland collaboratives and other relevant community organiza-
tions and ensure consistency with the priorities described in subsection [(3)] (4) of this section.
[(2)] (3) The department shall develop a 20-year strategic plan, as described in the Shared
Stewardship Agreement signed on August 13, 2019, that prioritizes restoration actions and ge-
ographies for wildfire risk reduction. The plan must be able to be used to direct federal, state and
private investments in a tangible way.
[(3)] (4) In selecting and administering projects, the department shall:
(a) In collaboration with the Oregon State University Extension Service and other entities,
identify strategic landscapes that are ready for treatment, giving priority to projects within the
landscapes that are:
(A) On lands in the four [highest] eNVC [risk] classes with greatest risk or on lands with a
relatively high probability of transmitting wildfire into communities as identified [in the United
States Forest Service report titled “Pacific Northwest Quantitative Wildfire Risk Assessment: Methods
and Results” and dated April 9, 2018] with data from the Pacific Northwest Quantitative
Wildfire Risk Assessment;
(B) Inclusive of federal lands with treatment projects currently approved under the National
Environmental Policy Act (42 U.S.C. 4321 et seq.);
(C) Focusing on treatments protective of human life, property surrounding the wildland-urban
interface, critical infrastructure, watershed health and forest or rangeland habitat restoration; and
(D) Part of a collaborative partnership with agreements across diverse forestland or rangeland
stakeholders that use an expansive, landscape-scale approach to address underlying causes of poor
wildfire resilience and elevated risk of wildfire or that establish innovative approaches to addressing
the underlying causes that could be implemented on a larger scale.
(b) To the extent practicable, identify and support projects that are designed to:
(A) Evaluate varying types of fuel treatment methods;
(B) Leverage the collective power of public-private partnerships and federal and state funding,
including leverage of the coordination of funding to support collaborative initiatives that address the
underlying causes of elevated forestland and rangeland wildfire risk across ownerships; and
(C) Optimize the receipt of federal government investments that equal or exceed department
investments.
(c) Design the projects to involve existing forest-based and range-based contracting entities.
(d) Design the projects to complement programs and projects of the Oregon Watershed En-
hancement Board or other state agencies as needed.
(e) Design the projects to involve the Oregon Conservation Corps Program established by ORS
476.694, to the maximum extent possible, for community protection projects located in the
wildland-urban interface, subject to funding available in the Oregon Conservation Corps Fund es-
tablished by ORS 476.698.
[4] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(f) Affirmatively seek, and enhance opportunities for, collaboration from stakeholders holding a
wide variety of perspectives regarding forest and rangeland management and opportunities for sig-
nificant involvement by communities in proximity to project sites.
(g) Engage in monitoring of the projects to produce useful information on which to base rec-
ommendations to the Legislative Assembly.
[(4)] (5) A project under this section may not include commercial thinning on:
(a) Inventoried roadless areas;
(b) Riparian reserves identified in the Northwest Forest Plan or in federal Bureau of Land
Management resource management plans;
(c) Late successional reserves, except to the extent consistent with the 2011 United States Fish
and Wildlife Service Revised Recovery Plan for the Northern Spotted Owl (Strix occidentalis
caurina);
(d) Areas protected under the federal Wild and Scenic Rivers Act (P.L. 90-542), national recre-
ation areas, national monuments or areas protected under ORS 390.805 to 390.925;
(e) Designated critical habitat for species listed as threatened or endangered under the Endan-
gered Species Act of 1973 (P.L. 93-205) or by the State Fish and Wildlife Commission under ORS
496.172, unless commercial thinning is already allowed under an existing environmental review or
recognized habitat recovery plan; or
(f) Federally designated areas of critical environmental concern or federally designated
wilderness study areas.
[(5)] (6) The department shall give public notice, and allow reasonable opportunity for public
input, when identifying and selecting landscapes under this section.
WILDFIRE PROGRAMS ADVISORY COUNCIL
SECTION 5. ORS 476.690 is amended to read:
476.690. (1) As used in this section[,]:
(a) “Defensible space” [has the meaning given that term in ORS 476.390.] means a natural or
human-made area in which material capable of supporting the spread of fire has been
treated, cleared or modified to slow the rate and intensity of advancing wildfire and allow
space for fire suppression operations to occur.
(b) “Wildland-urban interface” has the meaning given that term in ORS 477.015.
(2) There is established a Wildfire Programs Advisory Council to advise and assist the State
Wildfire Programs Director by:
(a) Closely monitoring implementation of activities related to wildfire prevention and response,
including receiving and evaluating agency reports related to wildfire prevention and response.
(b) Providing advice on potential changes to the activities in order to fulfill the goal of dra-
matically reducing wildfire risk in this state and ensuring that regional defensible space, building
codes and land use applications are appropriate.
(c) Strengthening intergovernmental and multiparty collaboration and enhancing collaboration
between governments and stakeholders on an ongoing basis.
(d) Developing strategies to enhance collaboration among governmental bodies and the general
public.
[(e) Assessing ways the statewide wildfire hazard map described in ORS 477.490 may inform de-
velopment of building codes and land use laws, rules and decisions, in a regionally appropriate man-
[5] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
ner.]
[(f) Assessing the application of defensible space requirements to vineyards, crops and other culti-
vated vegetation.]
[(g)] (e) Reviewing Department of Land Conservation and Development findings and recommen-
dations in the report required by section 11, chapter 592, Oregon Laws 2021, and making additional
recommendations related to potential updates to the statewide land use planning program, local
comprehensive plans and zoning codes to incorporate wildfire hazard maps and minimize wildfire
hazards to people, public and private property, businesses, infrastructure and natural resources.
(3) The council is not a decision-making body but instead is established to provide advice, as-
sistance, perspective, ideas and recommendations to the State Wildfire Programs Director.
(4) The President of the Senate and Speaker of the House of Representatives shall jointly ap-
point [19] 21 members to the council as follows:
(a) One member who represents county government.
(b) One member who is a land use planning director of a county that is wholly or partially
within the wildland-urban interface.
(c) One member who represents city government.
(d) One member who is a land use planning director of a city that is wholly or partially within
the wildland-urban interface.
(e) One member who represents fire chiefs and has experience with managing, fighting or pre-
venting fire within the wildland-urban interface.
(f) One member who represents fire marshals and has experience with [managing, fighting or
preventing] community risk reduction and prevention of structural fire within the wildland-
urbaninterface.
(g) One member who represents firefighters and has experience with managing, fighting or pre-
venting fire within the wildland-urban interface.
(h) One member who represents rural residential property owners whose property is wholly or
partially within the wildland-urban interface.
(i) One member who represents farming property owners whose property is wholly or partially
within the wildland-urban interface.
(j) One member who represents ranching property owners whose property is wholly or partially
within the wildland-urban interface.
(k) One member who represents forestland owners whose property is wholly or partially within
the wildland-urban interface.
(L) One member who represents federally recognized Indian tribes with land wholly or partially
within the wildland-urban interface.
(m) One member who represents a utility company.
(n) One member who represents environmental interests.
(o) One member who represents forest resiliency interests.
(p) One member who represents state or regional land use planning organizations.
(q) One member who represents land and housing development interests or real estate industry
interests.
(r) One member who represents public health professionals.
(s) One member who represents the environmental justice community.
(t) One member who represents the structural fire service and who has experience with
managing, fighting or preventing wildfire within the wildland-urban interface.
[6] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(u) One member who represents the insurance industry.
(5) The council shall be geographically diverse, with representatives from across this
state.
[(5)] (6) The presiding officers shall provide public notice of an opportunity for interested parties
to submit names of interest for appointment to the council.
[(6)] (7) At least seven days before appointing a member, the presiding officers shall consult in
good faith with the minority leaders of the Senate and House of Representatives on the appointment.
[(7)] (8) The term of service for each member is four years.
[(8)] (9) The members are eligible for reappointment.
[(9)] (10) The council shall elect a chairperson and vice chairperson to serve for one-year terms.
[(10)] (11) The members shall serve on the council as volunteers and are not entitled to re-
imbursement for expenses.
[(11)] (12) The Department of Consumer and Business Services, Department of Land Conserva-
tion and Development, Department of the State Fire Marshal and State Forestry Department shall
each provide 15 percent of the time of a full-time equivalent employee to:
(a) Cooperatively staff the council.
(b) Attend council meetings as informational resources.
(c) Assist with drafting reports at the request of the council.
(d) Support the work of the State Wildfire Programs Director.
[(12)] (13) The Oregon State University Extension Service shall designate a person to serve as
staff for the council.
[(13)] (14) Each October the council shall submit a report to the Governor and appropriate
committees or interim committees of the Legislative Assembly that describes progress on imple-
menting program activities related to defensible space, building codes, land use and community
emergency preparedness and that recommends improvements.
BUILDING CODE STANDARDS
SECTION 6. Section 7 of this 2025 Act is added to and made a part of ORS chapter 455.
SECTION 7. (1) The Department of Consumer and Business Services shall adopt the
wildfire hazard mitigation code standards of section R327 of the 2023 Oregon Residential
SpecialtyCode.
(2) The department shall by rule create a process for municipalities to adopt the wildfire
hazard mitigation code standards referenced in subsection (1) of this section. The process
must include a requirement that a municipality notify the department when the municipality
has adopted these standards.
(3) The wildfire hazard mitigation code standards referenced in subsection (1) of this
section may only be applied to new construction of new buildings.
(4) The department may not require a local government to adopt code standards that are
described in this section.
VOIDING ASSIGNMENTS OF PROPERTY TO WILDFIRE HAZARD ZONES
SECTION 8.(1) As used in this section, “order” has the meaning given that term in ORS
183.310.
[7] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(2) An order issued by the State Forestry Department under ORS 477.490 (2023 Edition)
that assigns property to a wildfire hazard zone is null and void.
REPORTING AND ADMINISTRATION
SECTION 9. ORS 476.687 is amended to read:
476.687. (1) The Governor shall appoint a State Wildfire Programs Director to serve at the
pleasure of the Governor.
(2) The duties of the director shall include:
(a) Overseeing implementation of requirements and authorization provided by chapter 592,
Oregon Laws 2021.
(b) Coordinating and integrating activities of state agencies and other entities that are required
or authorized by chapter 592, Oregon Laws 2021, in order to optimize the efficiency and effective-
ness of the activities.
(c) Ensuring compliance with deadlines set out in chapter 592, Oregon Laws 2021.
(d) Monitoring and assessing any financial impacts of the activities on local jurisdictions and
the equity of those financial impacts among the jurisdictions.
(e) Supervising staffing of the Wildfire Programs Advisory Council.
(f) Reporting at least every [60] 90 days to the Governor, the President of the Senate, the
Speaker of the House of Representatives and the chairs of relevant committees and interim com-
mittees of the Legislative Assembly to summarize progress on implementing the activities, note ob-
stacles and opportunities and catalog possibilities for future improvements to further reduce wildfire
risk in this state.
(g) Exploring additional opportunities to reduce wildfire risk, including but not limited to en-
gagingwith:
(A) Insurance companies regarding insurance policy coverage provisions, underwriting stan-
dards, insurance rates and any other topics relevant to enhancing the protection of property from
wildfire at a reasonable cost.
(B) Electric utilities regarding further actions to protect public safety, reduce risk to electric
company customers and promote electrical system resilience to wildfire damage.
(C) Congressional delegations and federal agencies to expand opportunities for cost-share part-
nerships for wildfire mitigation and develop strategies for improvements to federal fire management
policies.
(h) Collaborating with the State Resilience Officer and participating in any relevant emergency
preparedness advisory councils.
SECTION 10. ORS 476.696 is amended to read:
476.696. (1) As used in this section:
(a) “Eligible organization” includes Oregon-based nonprofit youth development organizations,
federally recognized Indian tribes in this state, nonprofit associations engaged in workforce devel-
opment and public entities that provide programs of job training, skill development and forest-
related or rangeland-related career path training.
(b) “Tribe” means a federally recognized Indian tribe in Oregon.
(2) The Oregon Youth Works Advisory Board created under ORS 660.320 shall, in collaboration
with a qualified nonprofit foundation, actively seek and source private donations to support the
Oregon Conservation Corps Program.
[8] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(3) The advisory board may direct the expenditure of moneys from the Oregon Conservation
Corps Fund for a promotional website and materials to solicit private funds.
(4) The advisory board shall advise the Higher Education Coordinating Commission on the im-
plementation of a grant process that:
(a) Provides funding to support the work conducted by the Oregon Conservation Corps Program.
(b) Defines and uses an equity lens in awarding grants by identifying and supporting populations
with greater vulnerability, including communities of color, indigenous communities, communities
with members who have limited proficiency in English and communities with lower-income members.
(c) Awards grants to eligible organizations.
(d) Ensures that grant awards support activities described in ORS 476.694 (1) and subsection (5)
of this section.
(e) Establishes guidelines for prioritizing grant-supported projects to reduce community fire
risks, promote youth and young adult workforce development and educational experiences and re-
duce hazardous fuels.
(5) The commission shall consult with the State Forestry Department to ensure that the grant
process awards funds to proposals that:
(a) Protect at-risk communities and infrastructure within the wildland-urban interface, as de-
scribed in ORS 477.503.
(b) Meet standards for fuel treatment established by the department.
(6) The advisory board shall [biennially] annually submit a report[, on the timeline described in
ORS 293.640,] to an appropriate committee or interim committee of the Legislative Assembly, as
described in ORS 192.245, and to the State Wildfire Programs Director and Wildfire Programs Ad-
visory Council, regarding the expenditure of moneys deposited in the Oregon Conservation Corps
Fund.
SECTION 11. ORS 476.398 is amended to read:
476.398. (1) The State Fire Marshal shall [biannually] annually report regarding the status of
State Fire Marshal and local government activities for carrying out ORS 476.392 to a committee or
interim committee of the Legislative Assembly related to wildfire, in the manner provided in ORS
192.245, to the State Wildfire Programs Director and to the Wildfire Programs Advisory Council[:].
[(a) On or before the date of convening of the regular session of the Legislative Assembly as spec-
ified in ORS 171.010.]
[(b) Approximately six months after the date described in paragraph (a) of this subsection.]
(2) The report shall include, but need not be limited to:
(a) A status report regarding the community risk reduction program [and the establishment,
administration and enforcement of defensible space requirements];
(b) The amount of moneys expended during the year for the community risk reduction program
[and the establishment, administration or enforcement of defensible space requirements];
(c) The amount of moneys expended during the year for the suppression of fires on wildland-
urban interface lands; and
(d) Any recommendations of the State Fire Marshal for legislative action, including, but not
limited to, current or future resource and funding needs for the community risk reduction program
[and establishing, administering or enforcing defensible space requirements].
SECTION 12. (1) The State Forestry Department shall annually report regarding the
wildfire risk reduction program and the implementation of a 20-year landscape resiliency plan
to a committee or interim committee of the Legislative Assembly related to wildfire issues,
[9] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
in the manner provided in ORS 192.245, to the State Wildfire Programs Director and to the
Wildfire Programs Advisory Council.
(2) The report shall include, but need not be limited to:
(a) A status report on the implementation of the 20-year landscape resiliency plan and
wildfire risk reduction efforts, including prescribed fire activities;
(b) The amount of moneys expended during the prior 12 months for implementation of
the 20-year landscape resiliency plan and the department’s wildfire risk reduction efforts;
and
(c) Any department recommendations for legislative action, including but not limited to
current or future resource and funding needs for the wildfire risk reduction program.
(3) As used in this section:
(a) “20-year landscape resiliency plan” means the strategic plan described in ORS 477.503
(2).
(b) “Wildfire risk reduction program” means the program the department designed and
is implementing under ORS 477.503.
SECTION 13. (1) The Department of Environmental Quality shall annually report re-
garding community smoke response plans and the wildfire smoke monitoring program to a
committee or interim committee of the Legislative Assembly related to wildfire issues, in the
manner provided in ORS 192.245, to the State Wildfire Programs Director and to the Wildfire
Programs Advisory Council.
(2) The report shall include, but need not be limited to:
(a) A status report on the implementation of community smoke response plans, a status
report regarding communities with a one-hour smoke intrusion exemption and a report on
wildfire smoke monitoring, including prescribed fire activities as tracked and reported by the
State Forestry Department;
(b) The amount of moneys expended during the prior 12 months for wildfire and pre-
scribed fire smoke monitoring, along with amounts expended for community smoke response
plan development and implementation; and
(c) Any recommendations of the Department of Environmental Quality for legislative
action, including but not limited to current or future resource or funding needs for the
wildfire smoke monitoring program.
(3) As used in this section “community smoke response plans,” “one-hour smoke intru-
sion exemption” and “wildfire smoke monitoring” refer to components of programs the de-
partment develops and implements under ORS 468A.830, 468A.833 and 468A.836.
SECTION 14. (1) The Public Utility Commission shall annually report on actions taken
to reduce the risk of wildfire from utility infrastructure to a committee or interim commit-
tee of the Legislative Assembly related to wildfire, in the manner provided in ORS 192.245,
to the State Wildfire Programs Director and to the Wildfire Programs Advisory Council.
(2) The report shall include, but need not be limited to:
(a) A status report regarding the review of wildfire protection plans described in ORS
757.963 that have been filed by public utilities and the receipt of wildfire mitigation plans
described in ORS 757.966 that have been filed by consumer-owned utilities;
(b) A summary of the best practice workshops for wildfire mitigation practices described
in ORS 757.960 that the commission convened in the prior 12 months;
(c) A summary of public safety power shutoffs initiated by utilities during the prior 12
[10] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
months to mitigate wildfire ignitions;
(d) The amount of moneys budgeted or expended by public utilities during the prior 12
months on utility wildfire mitigation plans and wildfire protection plans and that were sub-
ject to commission review and oversight; and
(e) Any commission recommendations for legislative action, including but not limited to
current or future resource and funding needs for reducing wildfire risk in order to ensure
safe and reliable power.
CONFORMING AMENDMENTS
SECTION 15. ORS 105.464 is amended to read:
105.464. A seller’s property disclosure statement must be in substantially the following form:
_______________________________________________________________________________________
If required under ORS 105.465, a seller shall deliver in substantially the following form the seller’s
property disclosure statement to each buyer who makes a written offer to purchase real property
in this state:
_______________________________________________________________________________________
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. Please refer to the line
number(s) of the question(s) when you provide your explanation(s). If you are not claiming an ex-
clusion or refusing to provide the form under ORS 105.475 (4), you should date and sign each page
of this disclosure statement and each attachment.
Each seller of residential property described in ORS 105.465 must deliver this form to each buyer
who makes a written offer to purchase. Under ORS 105.475 (4), refusal to provide this form gives the
buyer the right to revoke their offer at any time prior to closing the transaction. Use only the
section(s) of the form that apply to the transaction for which the form is used. If you are claiming
an exclusion under ORS 105.470, fill out only Section 1.
An exclusion may be claimed only if the seller qualifies for the exclusion under the law. If not ex-
cluded, the seller must disclose the condition of the property or the buyer may revoke their offer
to purchase anytime prior to closing the transaction. Questions regarding the legal consequences
of the seller’s choice should be directed to a qualified attorney.
_______________________________________________________________________________________
(DO NOT FILL OUT THIS SECTION UNLESS YOU ARE CLAIMING AN EXCLUSION
UNDER ORS 105.470)
Section 1. EXCLUSION FROM ORS 105.462 TO 105.490:
You may claim an exclusion under ORS 105.470 only if you qualify under the statute. If you are not
[11] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
claiming an exclusion, you must fill out Section 2 of this form completely.
Initial only the exclusion you wish to claim.
This is the first sale of a dwelling never occupied. The dwelling is constructed or installed
under building or installation permit(s) # , issued by .
This sale is by a financial institution that acquired the property as custodian, agent or
trustee, or by foreclosure or deed in lieu of foreclosure.
The seller is a court appointed receiver, personal representative, trustee, conservator or
guardian.
This sale or transfer is by a governmental agency.
Signature(s) of Seller claiming exclusion
Date
Buyer(s) to acknowledge Seller’s claim
Date
_______________________________________________________________________________________
(IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION 1, YOU MUST FILL OUT THIS SEC-
TION.)
Section 2. SELLER’S PROPERTY DISCLOSURE STATEMENT
(NOT A WARRANTY)
(ORS 105.464)
NOTICE TO THE BUYER: THE FOLLOWING REPRESENTATIONS ARE MADE BY THE
SELLER(S) CONCERNING THE CONDITION OF THE PROPERTY LOCATED
AT (“THE PROPERTY”).
DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS
OF SELLER’S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE.
BUYER HAS FIVE DAYS FROM THE SELLER’S DELIVERY OF THIS SELLER’S DISCLOSURE
STATEMENT TO REVOKE BUYER’S OFFER BY DELIVERING BUYER’S SEPARATE SIGNED
WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER’S
DISCLOSURE STATEMENT, UNLESS BUYER WAIVES THIS RIGHT AT OR PRIOR TO ENTER-
ING INTO A SALE AGREEMENT.
[12] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS
PROPERTY, BUYER IS ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED
SPECIALIST TO INSPECT THE PROPERTY ON BUYER’S BEHALF INCLUDING, FOR EXAM-
PLE, ONE OR MORE OF THE FOLLOWING: ARCHITECTS, ENGINEERS, PLUMBERS,
ELECTRICIANS, ROOFERS, ENVIRONMENTAL INSPECTORS, BUILDING INSPECTORS, CER-
TIFIED HOME INSPECTORS, OR PEST AND DRY ROT INSPECTORS.
Seller is/ is not occupying the property.
I. SELLER’S REPRESENTATIONS:
The following are representations made by the seller and are not the representations of any finan-
cial institution that may have made or may make a loan pertaining to the property, or that may
have or take a security interest in the property, or any real estate licensee engaged by the seller
or the buyer.
*If you mark yes on items with *, attach a copy or explain on an attached sheet.
1.TITLE
A.Do you have legal authority to sell the property?[ ]Yes[ ]No[ ]Unknown
*B.Is title to the property subject to any of the
following: [ ]Yes[ ]No[ ]Unknown
(1)First right of refusal
(2)Option
(3)Lease or rental agreement
(4)Other listing
(5)Life estate?
*C.Is the property being transferred an
unlawfully established unit of land? [ ]Yes[ ]No[ ]Unknown
*D.Are there any encroachments, boundary
agreements, boundary disputes or recent
boundary changes? [ ]Yes[ ]No[ ]Unknown
*E.Are there any rights of way, easements,
licenses, access limitations or claims that
may affect your interest in the property? [ ]Yes[ ]No[ ]Unknown
*F.Are there any agreements for joint
maintenance of an easement or right of way? [ ]Yes[ ]No[ ]Unknown
*G.Are there any governmental studies, designations,
zoning overlays, surveys or notices that would
affect the property? [ ]Yes[ ]No[ ]Unknown
*H.Are there any pending or existing governmental
assessments against the property? [ ]Yes[ ]No[ ]Unknown
*I.Are there any zoning violations or
nonconforming uses? [ ]Yes[ ]No[ ]Unknown
*J.Is there a boundary survey for the
[13] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
property? []Yes[]No[]Unknown
*K.Are there any covenants, conditions,
restrictions or private assessments that
affect the property? [ ]Yes[ ]No[ ]Unknown
*L.Is the property subject to any special tax
assessment or tax treatment that may result
in levy of additional taxes if the property
is sold? [ ]Yes[ ]No[ ]Unknown
2.WATER
A.Household water
(1)The source of the water is (check ALL that apply):
[ ]Public [ ]Community [ ]Private
[ ]Other
(2)Water source information:
*a.Does the water source require a water permit? [ ]Yes[ ]No[ ]Unknown
If yes, do you have a permit? [ ]Yes[ ]No
b.Is the water source located on the property? [ ]Yes[ ]No[ ]Unknown
*If not, are there any written agreements for
a shared water source? [ ]Yes[ ]No[ ]Unknown[ ]NA
*c.Is there an easement (recorded or unrecorded)
for your access to or maintenance of the water
source? [ ]Yes[ ]No[ ]Unknown
d.If the source of water is from a well or spring,
have you had any of the following in the past
12 months? [ ]Flow test [ ]Bacteria test
[ ]Chemical contents test [ ]Yes[ ]No[ ]Unknown[ ]NA
*e.Are there any water source plumbing problems
or needed repairs? [ ]Yes[ ]No[ ]Unknown
(3)Are there any water treatment systems for
the property? [ ]Yes[ ]No[ ]Unknown
[ ]Leased [ ]Owned
B.Irrigation
(1)Are there any [ ] water rights or [ ] other
irrigation rights for the property? [ ]Yes[ ]No[ ]Unknown
*(2)If any exist, has the irrigation water been
used during the last five-year period? [ ]Yes[ ]No[ ]Unknown[ ]NA
*(3)Is there a water rights certificate or other
written evidence available? [ ]Yes[ ]No[ ]Unknown[ ]NA
C.Outdoor sprinkler system
(1)Is there an outdoor sprinkler system for the
property? [ ]Yes[ ]No[ ]Unknown
(2)Has a back flow valve been installed? [ ]Yes[ ]No[ ]Unknown[ ]NA
(3)Is the outdoor sprinkler system operable? [ ]Yes[ ]No[ ]Unknown[ ]NA
[14] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
3.SEWAGE SYSTEM
A.Is the property connected to a public or
community sewage system? [ ]Yes[ ]No[ ]Unknown
B.Are there any new public or community sewage
systems proposed for the property? [ ]Yes[ ]No[ ]Unknown
C.Is the property connected to an on-site septic
system? [ ]Yes[ ]No[ ]Unknown
(1)If yes, when was the system installed? [ ]Unknown[ ]NA
(2)*If yes, was the system installed by permit? [ ]Yes[ ]No[ ]Unknown[ ]NA
(3)*Has the system been repaired or altered? [ ]Yes[ ]No[ ]Unknown
(4)*Has the condition of the system been
evaluated and a report issued? [ ]Yes[ ]No[ ]Unknown
(5)Has the septic tank ever been pumped? [ ]Yes[ ]No [ ]Unknown
If yes, when? [ ]NA
(6)Does the system have a pump? [ ]Yes[ ]No[ ]Unknown
(7)Does the system have a treatment unit such
as a sand filter or an aerobic unit? [ ]Yes[ ]No [ ]Unknown
(8)*Is a service contract for routine
maintenance required for the system? [ ]Yes[ ]No [ ]Unknown
(9)Are all components of the system located on
the property? [ ]Yes[ ]No[ ]Unknown
D.*Are there any sewage system problems or
needed repairs? [ ]Yes[ ]No[ ]Unknown
E.Does your sewage system require on-site
pumping to another level? [ ]Yes[ ]No[ ]Unknown
4.DWELLING INSULATION
A.Is there insulation in the:
(1)Ceiling? [ ]Yes[ ]No[ ]Unknown
(2)Exterior walls? [ ]Yes[ ]No[ ]Unknown
(3)Floors? [ ]Yes[ ]No[ ]Unknown
B.Are there any defective insulated doors or
windows? [ ]Yes[ ]No[ ]Unknown
5.DWELLING STRUCTURE
*A.Has the roof leaked? [ ]Yes[ ]No[ ]Unknown
If yes, has it been repaired? [ ]Yes[ ]No[ ]Unknown[ ]NA
B.Are there any additions, conversions or
remodeling? [ ]Yes[ ]No[ ]Unknown
If yes, was a building permit required? [ ]Yes[ ]No [ ]Unknown[ ]NA
If yes, was a building permit obtained? [ ]Yes[ ]No [ ]Unknown[ ]NA
If yes, was final inspection obtained? [ ]Yes[ ]No [ ]Unknown[ ]NA
C.Are there smoke alarms or detectors? [ ]Yes[ ]No [ ]Unknown
D.Are there carbon monoxide alarms? [ ]Yes[ ]No[ ]Unknown
E.Is there a woodstove or fireplace
[15] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
insert included in the sale? [ ]Yes[ ]No[ ]Unknown
*If yes, what is the make?
*If yes, was it installed with a permit? [ ]Yes[ ]No[ ]Unknown
*If yes, is a certification label issued by the
United States Environmental Protection
Agency (EPA) or the Department of
Environmental Quality (DEQ) affixed to it? [ ]Yes[ ]No[ ]Unknown
*F.Has pest and dry rot, structural or
“whole house” inspection been done
within the last three years? [ ]Yes[ ]No[ ]Unknown
*G.Are there any moisture problems, areas of water
penetration, mildew odors or other moisture
conditions (especially in the basement)? [ ]Yes[ ]No[ ]Unknown
*If yes, explain on attached sheet the frequency
and extent of problem and any insurance claims,
repairs or remediation done.
H.Is there a sump pump on the property? [ ]Yes[ ]No [ ]Unknown
I.Are there any materials used in the
construction of the structure that are or
have been the subject of a recall, class
action suit, settlement or litigation? [ ]Yes[ ]No [ ]Unknown
If yes, what are the materials?
(1)Are there problems with the materials? [ ]Yes[ ]No [ ]Unknown[ ]NA
(2)Are the materials covered by a warranty? [ ]Yes[ ]No[ ]Unknown[ ]NA
(3)Have the materials been inspected? [ ]Yes[ ]No[ ]Unknown[ ]NA
(4)Have there ever been claims filed for these
materials by you or by previous owners? [ ]Yes[ ]No [ ]Unknown[ ]NA
If yes, when?
(5)Was money received? [ ]Yes[ ]No[ ]Unknown[ ]NA
(6)Were any of the materials repaired or
replaced? [ ]Yes[ ]No[ ]Unknown[ ]NA
6.DWELLING SYSTEMS AND FIXTURES
If the following systems or fixtures are included
in the purchase price, are they in good working
order on the date this form is signed?
A.Electrical system, including wiring, switches,
outlets and service [ ]Yes[ ]No[ ]Unknown
B.Plumbing system, including pipes, faucets,
fixtures and toilets [ ]Yes[ ]No[ ]Unknown
C.Water heater tank [ ]Yes[ ]No[ ]Unknown
D.Garbage disposal [ ]Yes[ ]No[ ]Unknown[ ]NA
E.Built-in range and oven [ ]Yes[ ]No[ ]Unknown [ ]NA
F.Built-in dishwasher [ ]Yes[ ]No[ ]Unknown[ ]NA
G.Sump pump [ ]Yes[ ]No[ ]Unknown[ ]NA
[16] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
H.Heating and cooling systems [ ]Yes[ ]No[ ]Unknown[ ]NA
I.Security system [ ]Owned [ ]Leased [ ]Yes[ ]No[ ]Unknown[ ]NA
J.Are there any materials or products used in
the systems and fixtures that are or have
been the subject of a recall, class action
suit settlement or litigation? [ ]Yes[ ]No[ ]Unknown
If yes, what product?
(1)Are there problems with the product? [ ]Yes[ ]No [ ]Unknown
(2)Is the product covered by a warranty? [ ]Yes[ ]No [ ]Unknown
(3)Has the product been inspected? [ ]Yes[ ]No[ ]Unknown
(4)Have claims been filed for this product
by you or by previous owners? [ ]Yes[ ]No[ ]Unknown
If yes, when?
(5)Was money received? [ ]Yes[ ]No[ ]Unknown
(6)Were any of the materials or products repaired
or replaced? [ ]Yes[ ]No[ ]Unknown
7.COMMON INTEREST
A.Is there a Home Owners’ Association
or other governing entity? [ ]Yes[ ]No[ ]Unknown
Name of Association or Other Governing
Entity
Contact Person
Address
Phone Number
B.Regular periodic assessments: $
per [ ]Month [ ]Year [ ]Other
*C.Are there any pending or proposed special
assessments? [ ]Yes[ ]No[ ]Unknown
D.Are there shared “common areas” or joint
maintenance agreements for facilities like
walls, fences, pools, tennis courts, walkways
or other areas co-owned in undivided interest
with others? [ ]Yes[ ]No[ ]Unknown
E.Is the Home Owners’ Association or other
governing entity a party to pending litigation
or subject to an unsatisfied judgment? [ ]Yes[ ]No [ ]Unknown[ ]NA
F.Is the property in violation of recorded
covenants, conditions and restrictions or in
violation of other bylaws or governing rules,
whether recorded or not? [ ]Yes[ ]No[ ]Unknown [ ]NA
8.SEISMIC
Was the house constructed before 1974? [ ]Yes[ ]No [ ]Unknown
If yes, has the house been bolted to its
[17] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
foundation? []Yes[]No[]Unknown
9.GENERAL
A.Are there problems with settling, soil,
standing water or drainage on the property
or in the immediate area? [ ]Yes[ ]No[ ]Unknown
B.Does the property contain fill? [ ]Yes[ ]No[ ]Unknown
C.Is there any material damage to the property or
any of the structure(s) from fire, wind, floods,
beach movements, earthquake, expansive soils
or landslides? [ ]Yes[ ]No[ ]Unknown
D.Is the property in a designated floodplain? [ ]Yes[ ]No[ ]Unknown
Note: Flood insurance may be required for
homes in a floodplain.
E.Is the property in a designated slide or
other geologic hazard zone? [ ]Yes[ ]No[ ]Unknown
*F.Has any portion of the property been tested
or treated for asbestos, formaldehyde, radon
gas, lead-based paint, mold, fuel or chemical
storage tanks or contaminated soil or water? [ ]Yes[ ]No[ ]Unknown
G.Are there any tanks or underground storage
tanks (e.g., septic, chemical, fuel, etc.)
on the property? [ ]Yes[ ]No[ ]Unknown
H.Has the property ever been used as an illegal
drug manufacturing or distribution site? [ ]Yes[ ]No[ ]Unknown
*If yes, was a Certificate of Fitness issued? [ ]Yes [ ]No[ ]Unknown
[*I.Has the property been classified as]
[wildland-urban interface? [ ]Yes[ ]No[ ]Unknown]
10.FULL DISCLOSURE BY SELLERS
*A.Are there any other material defects affecting
this property or its value that a prospective
buyer should know about? [ ]Yes[ ]No
*If yes, describe the defect on attached sheet and
explain the frequency and extent of the problem
and any insurance claims, repairs or remediation.
B.Verification:
The foregoing answers and attached explanations (if any) are complete and correct to
the best of my/our knowledge and I/we have received a copy of this disclosure statement.
I/we authorize my/our agents to deliver a copy of this disclosure statement to all
prospective buyers of the property or their agents.
Seller(s) signature:
SELLER DATE
[18] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
SELLER DATE
_______________________________________________________________________________________
II. BUYER’S ACKNOWLEDGMENT
A. As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects that are
known to me/us or can be known by me/us by utilizing diligent attention and observation.
B. Each buyer acknowledges and understands that the disclosures set forth in this statement and in
any amendments to this statement are made only by the seller and are not the representations of
any financial institution that may have made or may make a loan pertaining to the property, or that
may have or take a security interest in the property, or of any real estate licensee engaged by the
seller or buyer. A financial institution or real estate licensee is not bound by and has no liability
with respect to any representation, misrepresentation, omission, error or inaccuracy contained in
another party’s disclosure statement required by this section or any amendment to the disclosure
statement.
C. Buyer (which term includes all persons signing the “buyer’s acknowledgment” portion of this
disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (in-
cluding attachments, if any) bearing seller’s signature(s).
DISCLOSURES, IF ANY, CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON
THE BASIS OF SELLER’S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DIS-
CLOSURE. IF THE SELLER HAS FILLED OUT SECTION 2 OF THIS FORM, YOU, THE BUYER,
HAVE FIVE DAYS FROM THE SELLER’S DELIVERY OF THIS DISCLOSURE STATEMENT TO
REVOKE YOUR OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT
OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER’S DISCLOSURE UNLESS
YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS SELLER’S PROPERTY
DISCLOSURE STATEMENT.
BUYER DATE
BUYER DATE
Agent receiving disclosure statement on buyer’s behalf to sign and date:
Real Estate Licensee
Real Estate Firm
Date received by agent
_______________________________________________________________________________________
[19] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
SECTION 16. ORS 197.716 is amended to read:
197.716. (1) As used in this section:
(a) “Economic opportunity analysis” means an analysis performed by a county that:
(A) Identifies the major categories of industrial uses or other employment uses that could rea-
sonably be expected to expand or locate in the county based on a review of trends on a national,
state, regional or county level;
(B) Identifies the number of sites by type reasonably expected to be needed to accommodate the
expected employment growth based on the site characteristics typical of expected uses;
(C) Estimates the types and amounts of industrial uses and other employment uses likely to oc-
cur in the county based on subparagraphs (A) and (B) of this paragraph and considering the county’s
economic advantages and disadvantages, including:
(i) Location, size and buying power of markets;
(ii) Availability of transportation facilities for access and freight mobility;
(iii) Public facilities and public services;
(iv) Labor market factors;
(v) Access to suppliers and utilities;
(vi) Necessary support services;
(vii) Limits on development due to federal and state environmental protection laws; and
(viii) Educational and technical training programs;
(D) Assesses community economic development potential through a public process in conjunction
with state agencies and consistent with any categories or particular types of industrial uses and
other employment uses desired by the community as identified in an existing comprehensive plan;
(E) Examines existing firms in the county to identify the types of sites that may require expan-
sion;
(F) Includes an inventory of vacant and developed lands within the county designated for in-
dustrial use or other employment use, including:
(i) The description, including site characteristics, of vacant or developed sites within each plan
or zoning district; and
(ii) A description of any development constraints or infrastructure needs that affect the
buildable area of sites in the inventory; and
(G) Identifies additional potential sites for designation and rezoning that could reasonably ac-
commodate expected industrial uses and other employment uses that cannot be met by existing in-
ventories.
(b) “Industrial use” means industrial employment activities, including manufacturing, assembly,
fabrication, processing, storage, logistics, warehousing, importation, distribution and transshipment
and research and development.
(c) “Listed county” means Baker, Gilliam, Grant, Harney, Lake, Malheur, Sherman, Union,
Wallowa or Wheeler County.
(d) “Other employment use” means all nonindustrial employment activities, including small scale
commercial use, wholesale, service, nonprofit, business headquarters, administrative, governmental
or employment activities that serve the medical, educational, social service, recreational or security
industries and that occupy retail, office or flexible building types of any size or multibuilding cam-
puses.
(e) “Reasonably be expected to expand or locate in the county” means that the county possesses
[20] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
the appropriate locational factors for the use or category of use.
(f)(A) “Small scale commercial use” means the low-impact use of land primarily for the retail
sale of products or services, including offices.
(B) “Small scale commercial use” does not include use of land for factories, warehouses, freight
terminals or wholesale distribution centers.
(2) A listed county that has adopted an economic opportunity analysis as part of its compre-
hensive plan may amend its comprehensive plan, land use regulations and zoning map to designate
not more than 10 sites outside an urban growth boundary that cumulatively total not more than 50
acres of land if the sites were identified in any economic opportunity analysis as additional potential
sites for industrial uses or other employment uses in order to allow for industrial uses and other
employment uses without requiring an exception under ORS 197.732 to any statewide land use
planning goals related to:
(a) Agriculture;
(b) Forest use; or
(c) Urbanization.
(3) A county may not designate a site under subsection (2) of this section:
(a) On any lands designated as high-value farmland as defined in ORS 195.300;
(b) Unless the county complies with ORS 197.714; and
(c) If any portion of the proposed site is for lands designated for forest use, unless the county:
(A) Notifies the State Forester in writing not less than 21 days before designating the site; and
(B) Cooperates with the State Forester in:
(i) Updating and classifying wildland-urban interface lands in and around the site;
(ii) Taking necessary steps to implement or update the wildland-urban interface fire protection
system in and around the site [as described in ORS 477.027]; and
(iii) Implementing other fire protection measures authorized by the State Forester.
(4) A county may not amend its comprehensive plan, land use regulations or zoning map under
this section to allow a use that would conflict with an administrative rule adopted for the purpose
of implementing the Oregon Sage-Grouse Action Plan and Executive Order 15-18.
SECTION 17. 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
[21] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
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.
SECTION 18. 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.
[22] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(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-familydwelling;
(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-
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:
[23] A-Eng. SB 83
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(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 ac-
cessory 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 19. ORS 477.748 is amended to read:
477.748. (1) As used in this section, “small forestland owner” means an individual, group, feder-
ally recognized Indian tribe in Oregon or association that owns:
(a) Up to 160 acres of nonindustrial private forestland west of the crest of the Cascade Moun-
tains;or
(b) Up to 640 acres of nonindustrial private forestland east of the crest of the Cascade Moun-
tains.
(2) The State Forestry Department shall establish a small forestland grant program for the
purpose of providing grants, on a competitive basis, to support small forestland owners in reducing
wildfire risk through the restoration of landscape resiliency and the reduction of hazardous fuels
on the owners’ property.
(3) In consultation with partners and stakeholders, the department shall set criteria for assess-
ing grant applications and awarding grants. The criteria may include, but need not be limited to:
[(a) Prioritization of projects on forestland in the high wildfire hazard zone described in ORS
477.490.]
[(b)] (a) Owner commitment to maintaining fuel reduction treatments.
[(c)] (b) Owner possession of a forest management plan.
[(d)] (c) Project proximity to current or past fuel mitigation efforts, supported by any owner or
funding source, that would contribute to cross-boundary, landscape-scale forest resiliency.
[(e)] (d) Whether the project addresses additional resource concerns, such as insect and disease
management.
[(f)] (e) Whether critical facilities and infrastructure may receive enhanced protection due to
projectoutcomes.
SECTION 20. ORS 526.272 is amended to read:
526.272. (1) The State Forestry Department shall:
(a) In collaboration with any forest protective association or agency that is under contract or
agreement with the State Board of Forestry for the protection of forestland against fire, and whose
protection area is or may be affected by a fire on nearby federal lands, and with a focus on pro-
tecting lands and rural communities within the wildland-urban interface, as defined [pursuant to
ORS 477.027] in ORS 477.015, from fire on federal lands, endeavor to further shared stewardship to
[24] A-Eng. SB 83
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
decrease wildfire risk across Oregon through increased partnership with federal agencies to expand
activities under the Good Neighbor Authority Agreement described in ORS 526.275 in federal forests
through:
(A) Increasing forest thinning.
(B) Reducing ladder fuels and other hazardous fuel loading.
(C) Restoring meadowland.
(D) Increasing biomass utilization.
(E) Increasing post-disturbance recovery and restoration activities.
(b) Request that the federal agencies fund portions of the activities described in paragraph (a)
of this subsection.
(2) Activities undertaken pursuant to subsection (1) of this section must be executed in a manner
that protects and enhances the long-term ecological health of a landscape, in conformance with the
most broadly accepted scientific principles of forestry.
CAPTIONS
SECTION 21. The unit captions used in this 2025 Act are provided only for the conven-
ience of the reader and do not become part of the statutory law of this state or express any
legislative intent in the enactment of this 2025 Act.
EFFECTIVE DATE
SECTION 22.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.
[25]