HomeMy WebLinkAbout2025-08-26_Planning PACKET
Planning Commission Meeting Agenda
ASHLAND PLANNING COMMISSION
MEETING AGENDA
Tuesday, August 26, 2025
Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you
wish to speak, please rise and, after you have been recognized by the Chair, give your name and
complete address for the record. You will then be allowed to speak. Please note the public testimony
may be limited by the Chair.
I.CALL TO ORDER
7:00 p.m., Civic Center Council Chambers, 1175 E. Main Street
II.ANNOUNCEMENTS
1.Staff Announcements
2.Advisory Committee Liaison Reports
III.PUBLIC FORUM
Note: To speak to an agenda item in person you must fill out a speaker request form at the meeting
and will then be recognized by the Chair to provide your public testimony. Written testimony can be
submitted in advance or in person at the meeting. If you wish to discuss an agenda item
electronically, please contact PC-public-testimony@ashland.or.us by 10:00 a.m. on August 26, 2025
to register to participate via Zoom. If you are interested in watching the meeting via Zoom, please
utilize the following link: https://zoom.us/j/92560244413
IV.TYPE II PUBLIC HEARING - Closed - Meeting Limited to Commission Discussion & Decision
SUBJECT PROPERTY: Fern Street Public Right-of-Way north of 648 Roca Street
OWNER / APPLICANT: City of Ashland/Public Works Department
DESCRIPTION: The Planning Commission will consider a request to vacate a portion of the
Fern Street right-of-way just north of 648 Roca Street and make a recommendation to the City
Council. COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University; ZONING: SO;
MAP & TAX LOT: Public Right of Way
V.DISCUSSION ITEMS
1.Special Event Permit Discussion with Deputy City Manager Jordan Rooklyn
2.2025 Legislative Update
3.Planning Commission Annual Retreat Discussion
VI.OPEN DISCUSSION
VII.ADJOURNMENT
Next Meeting Date: September 9, 2025
If you need special assistance to participate in this meeting, please contact Derek Severson at
planning@ashlandoregon.gov or 541.488.5305 (TTY phone number Notification at least
three business days before the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting in compliance with the Americans with Disabilities Act.
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Memo
DATE: August 26, 2025
TO:Planning Commissioners
FROM: Derek Severson, Planning Supervisor
RE: Fern Street Right-of-Way Vacation
Background
The Planning Commission conducted the public hearing on the potential vacation of the Fern
Street right-of-way at the July 22 meeting. Following the closing of the hearing,
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Commissioners left the record open for written testimony until August 26, 2005 noting that
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the meeting would reconvene at 7:00 p.m. on August 26 and that the Commission would
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deliberate and make a recommendation at that time.
During the hearing, the Southern Oregon University project team questioned whether there
was in fact a storm drainage line within the right-of-way as had been initially reported by
the Public Works/Engineering Division, and Commissioners were hesitant to make a
recommendation without knowing whether these facilities were in fact in place.
Commissioners also questioned whether the city would accept the proposed dedication of
the Roca Creek riparian area, particularly given the potential maintenance costs including
wildfire and riparian mitigation.
Storm Drainage Line
Public Works Director Scott Fleury has since confirmed that the storm drain line has been
verified to exist and its route has been staked by city crews so that the University would
have a basis for their surveyor to prepare a legal description of the necessary easement.
Fleury also clarified that the sanitary sewer line which runs northward north of the Fern
Street right-of-way is not within the right-of-way and is owned and maintained by the
University through University property.
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050
ashlandoregon.govTTY: 800.735.2900
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Acceptance of Dedication
A determination as to whether the city accepts the proposed dedication will ultimately need
to be made by the City Manager’s office and Council in coordination with Parks, and that
determination will not come before a Planning Commission recommendation on the
vacation is made.
Next Steps
When the meeting reconvenes on August 26 at 7:00 p.m., the record will need to be
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formally closed and the Commission can then deliberate to a recommendation to
Council on the Fern Street right-of-way vacation.
As before, staff’s recommendation remains that the Planning Commission forward a
favorable recommendation to the City Council with regard to the vacation and ask
that public pedestrian access be retained in some form to provide a connection from
Roca Street to Madrone Street, and that a public utility easement be provided to
accommodate the existing utilities in place within this segment of the Fern Street
right-of-way.
REFERENCES & ATTACHMENTS
Attachment #1: Written testimony received since July 22 hearing
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COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050
ashlandoregon.govTTY: 800.735.2900
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Memo
DATE: August 26, 2025
TO:Planning Commissioners
FROM: Derek Severson, Planning Supervisor
RE: Special Event Permit Discussion
Background
Staff are looking at ways to streamline special event permitting. Currently, event permitting
includes short-term events on private property regulated through land use regulations in
AMC 18.2.2.030.H including short-term food truck events, street closures/block party permits
regulated through the Public Works Department, use of the Plaza regulated through the City
Manager’s Office, as well as special events like festivals, parades, races, etc. These permits
are all treated differently in the code, and under current processes are taken in by the
regulating department and routed to other departments depending on the specific details
of the proposal. A permit may require review by Planning, Public Works, Building, Parks, Police
and Fire and may also be referred to obtain a business license and register to pay Food &
Beverage Tax in conjunction with permitting.
Next Steps
Staff are looking at the possibility of creating a single, more streamlined process to take in the
various types of permits, distribute for review and issue for efficiency’s sake while also
providing a clearer path for applicants and supporting events as economic development.
This will involve internal procedural changes, but will also trigger supporting modifications to
the Ashland Municipal Code and potentially the Land Use Ordinance.
Deputy City Manager Jordan Rooklyn will be present at the Planning Commission’s meeting
on August 26 to begin this discussion and get Commission feedback on potential changes
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to the Land Use Ordinance.
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050
ashland.or.usTTY: 800.735.2900
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Memo
DATE: August 26, 2025
TO:Planning Commissioners
FROM: Derek Severson, Planning Supervisor
RE: 2025 Legislative Update
Background
With the close of the 2025 Legislative Session, the Department of Land Conservation and
Development (DLCD) has issued its ‘2025 Land Use Legislation Report’ which discusses new
legislation related to land use statutes and the state land use program. The PDF report,
which is attached, includes hyperlinks to the Oregon Legislative Information System (OLIS)
for each bill which provides the specific bill language, history and related testimony.
Next Steps
DLCD’s report is provided for Planning Commissioner review. At the meeting, staff will provide
a presentation highlighting the most significant bills as they relate to Ashland.
References & Attachments
Attachment #1: DLCD 2025 Land Use Legislation Report
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050
ashlandoregon.govTTY: 800.735.2900
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FROM: Alexis Hammer, J.D., Legislative and Policy Manager
Alyssa Bonini, J.D., Legislative and Policy Analyst
Aurora Dziadul, Legislative and Policy Analyst
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DATE: August 11, 2025
SUBJECT: 2025 Land Use Legislation Report
Introduction
This report describes legislation passed in the 2025 Oregon Legislative Session related to state
land use statutes or the land use planning programs administered by the Department of Land
Conservation and Development (DLCD or department) and regulated by the Land Conservation
and Development Commission (LCDC or commission). This report is also available on the
DLCD website. This report summarizes each legislative measure but does not provide a
comprehensive breakdown of each bill. Therefore, we recommend this report be used as a
reference and that readers refer to the bills and their history directly for a full picture of
legislative intent and law. Please consult an attorney for legal advice about these bills.
This report includes links to the Oregon Legislative Information System (OLIS) page for each
bill. From those pages, readers can access bill language, measure history, and related
testimony.
State law requires DLCD to notify local governments when new statutory requirements require
changes to local comprehensive plans, regional framework plans, or ordinances implementing
these plans.* The application of these statutory changes should be determined by local planning
staff and legal counsel.
Note: sections where the deadline for local government compliance is different from the
effective date are bolded.
*
a local government shall amend its acknowledged comprehensive plan,
regional framework plan, and land use regulations implementing the plan, by a self-initiated post-acknowledgment
rement.
when a local government does not adopt amendments to a comprehensive plan, a regional framework
plan and land use regulations implementing
Total Page Number: 20
DLCD 2025-27 Budget
-27 Legislatively Adopted Budget,
including current service level and policy option package (POP) investments in SB 5528, as well
as funding to support work directed in HB 2138, HB 2258, and SB 504.
2023-25 2025-27 2025-27
Legislatively Current Legislatively
ApprovedService Level Adopted
General Fund $50,842,495 $38,379,997 $49,533,762
Other Funds $19,645,485 $9,229,191 $12,898,404
Federal Funds $14,034,680 $9,706,699 $14,049,024
Total Funds $84,522,660 $57,315,887 $76,481,190
Positions / Full-
Time Equivalent 108 / 92.07 103 / 102.59 111 / 110.22
Total grant funding available to local governments: $16,828,021
SB 5528 DLCD Budget Bill
Chief Sponsor(s): at the request of Oregon Department of Administrative Services
Effective date: June 26, 2025
Summary:
Package 100: DLCD Budget Adjustments ($198,790 General Fund (GF), $162,753 Other
Funds (OF), -$65,677 Federal Funds (FF); 1 position/1.41 FTE)
Fully funds a policy analyst position, increases natural resource specialist position authority to
1.0 FTE, eliminates climate resiliency position, adds position authority with GF match for
two federally funded planner positions.
Package 101: Repurpose CGI Grant Funds (2 positions / 2.0 FTE)
Uses Community Green Infrastructure grant funding to continue two limited duration positions to
administer the grant program through the 2025-27 biennium.
Package 501: HH-HAPO Budget Adjust & Continue Grant Funds ($3,528,069 GF)
Invests an additional $3,500,000 for Housing Accountability and Production (HAPO) assistance
grants and funds the approved HAPO manager position reclassification.
Package 503: HH-Increase Housing Planning TA Funding ($1,700,000 GF)
Provides funding to complete capacity and urbanization rulemaking and adds $1,500,000 for
housing-related assistance grants.
Package 504: HH-TA Funding for Wetlands Planning ($500,000 GF)
Provides funding for local governments to complete wetlands planning to support housing
production.
Includes adjustments through December 2024 Emergency Board.
Numbers subject to change with final reconciliation.
2025 Land Use Legislation Report 2
Total Page Number: 21
Package 506: HH-Track Housing Production by Program ($300,000 GF)
Provides funding to collect and analyze housing data to understand the outcomes of state
housing policies and programs.
Package 801: LFO Analyst Adjustments ($158,121 GF)
Provides a one-time reappropriation of $398,000 to complete the Offshore Wind Roadmap,
includes $260,000 (one-time funding) to help pay costs of new positions provided in the 2024
Legislative Session that were added to the 2025-27 budget at a lower pay step than at which
they were hired, phases out $500,000 from SB 1564 (2024), with $50,000 remaining to
complete housing model code work by January 1, 2026.
Package 802: Vacant Position Reductions (-$338,447 GF; -1 position / -1.0 FTE)
Eliminates a vacant Information Systems Specialist 8 position.
HB 5006 Close of Session Bill
Chief Sponsor(s): at the request of Oregon Department of Administrative Services
Effective date: June 30, 2025
Summary:
Section 62: Collins Creek Land Acquisition Partnership ($4,500,000 FF)
Increases expenditure limitation (one-time) to pass through federal grant funding to
Confederated Tribes of Siletz Indians for the Collins Creek property acquisition.
Section 224: Statewide Adjustments ($315,369 GF, $6,460 OF, -$91,988 FF)
Administrative Services state government service charges, and other charges for services.
Key Legislation
Housing
HB 2347 Technical Fixes to Housing Legislation
Chief Sponsor(s): at the request of Governor Tina Kotek for Department of Land Conservation
and Development
Effective date: January 1, 2026
Summary:
Technical fixes to HB 2001/2889 (2023): Allows DLCD to allocate housing planning grants to
Tribal governments. Updates the deadline for cities to report housing permitting and production
data to be at the discretion of the department.
on implementation of housing production strategies.
Technical fix to HB 4064 (2022): Clarifies that local governments may only apply housing
development standards to manufactured housing units that they would to site-built housing units
of the same type.
Technical fix to SB 1537 (2024): Clarifies criteria for determining a complete application for a
developer opting into new housing development criteria for their pending application.
Moves a
permit, subdivision, or construction of needed housing from ORS 197.522 into ORS 197A.
2025 Land Use Legislation Report 3
Total Page Number: 22
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-
SB 48 SB 1537 (2024) Technical Fixes
Chief Sponsor(s): Senate Interim Committee on Housing and Development
Effective date: September 26, 2025
§
Summary:
Land use regulations: where a housing developer can
opt into new housing development standards that have been adopted since their application
was submitted and deemed complete only apply within urban growth boundaries (UGBs).
Clarifies that when a city applies to the Housing Accountability and Production Office (HAPO or
Office) for an exemption to the mandatory adjustment provisions, the period they are not subject
to those provisions while the Office assesses the application is only applicable for the initial
application.
One-time UGB site additions: -time UGB
contiguous or separated from one another by a street or road with or without common
Amends the land need eligibility criteria for the one-time UGB amendment procedures by further
common ownership and that abut each other or are separated by o
Specifies that cities are vested in their housing need eligibility data at the time of issuing public
notice (i.e., that data carries forward in their application).
Allows cities to accept agreements, letters, or equivalent assurances to provide utility services
to UGB expansion areas. Specifies that only a property owner of a proposed site accepted by
the city has standing for judicial review of a UGB amendment decision.
Clarifies a technical error that inadvertently made only Metro eligible for the one-time UGB land
exchange option.
HB 2138 Middle Housing and Infill Development
Chief Sponsor(s): at the request of Governor Tina Kotek for Office of the Governor
Effective date: June 30, 2025 (sections where the deadline for local government compliance is
are bolded below)
DLCD Appropriation: $3,891,599
Summary:
Middle housing: Requires counties to allow siting of middle housing on unincorporated urban
lands (UULs). Defines UULs as within a UGB, zoned for urban development and not for future
urbanization, and within the boundaries of public service providers.
§
This summery covers Sections 1-8 of SB 48. Other sections of the bill are technical changes to the Moderate-
Income Revolving Loan Fund, which is operated by the Oregon Housing and Community Services Department
(OHCS). For more information, please visit their site.
2025 Land Use Legislation Report 4
Total Page Number: 23
Amends the definitions of cottage cluster, duplex, triplex, and quadplex to include detached
units.
Changes to the cottage cluster definition do not become operative until January
1, 2028.
middle housing must be sited in a jurisdiction. This definition dictates that the land must be
within a UGB, have base zoning that allows for residential uses and allows the development of a
detached single-unit dwelling, is not zoned primarily for uses other than residential or future
urbanization, and is incorporated or a UUL.
Directs cities and counties that are required to allow middle housing to permit it on lots that have
an existing single-unit dwelling, accessory dwelling unit (ADU), single-unit dwelling and ADU, or
a duplex. Allows those lots to be divided through a middle housing land division process.
Prohibits cities and counties from requiring a traffic impact analysis or traffic-related exactions
for middle housing projects of 12 units or less and on a lot created by a land division more than
five years prior.
Requires local governments to implement a density bonus for producing an affordable or
accessible homeownership unit, where the developer will receive an additional one unit for a
duplex or triplex development and an additional two units for a quadplex, cottage cluster, or
townhouse development. Allows local governments to implement a more localized density
bonus instead.
Makes the due date for city and county compliance with these provisions January 1,
2027.
Requires the Department of Administrative Services (DAS) to publish a maximum sales price
and income eligibility by region for purposes of administering the density bonus.
Single-room occupancies: Requires local governments to allow up to three times the number of
single-room occupancy units permitted by the maximum density on a lot. Prohibits local
governments from requiring more parking for a single room occupancy unit than they would for
one-third of a regular unit (such as three single room occupancy units counting as one unit for
purposes of parking requirements). Specifies that residential care facilities as defined in ORS
443.400 are not included under these provisions. Makes the due date for city and county
compliance with these provisions January 1, 2027.
Promoting housing density: Invalidates prohibitive covenants and restrictions to developing
ADUs, middle housing, or other housing types that would be developed below the maximum
density of the zone in place before January 1, 2020. Becomes operative January 1, 2027.
Requires local governments to apply clear and objective standards to tree removal codes
related to housing development.
Expedited and middle housing land divisions: Defines a single middle housing development for
purposes of qualifying for a middle housing land division (MHLD). Allows nonconforming units
on a lot to qualify for a MHLD. Allows a local government to require or not require separate
utilities for water and wastewater. Provides that a local government may only prohibit
subsequent land divisions if the minimum density for the zoning of the land has been met.
Directs cities and counties to develop a simultaneous subdivision and MHLD application
2025 Land Use Legislation Report 5
Total Page Number: 24
process. Removes the noticing requirement and local appeals process for MHLDs and
expedited land divisions.
Rulemaking: Directs LCDC to adopt rules by January 1, 2028, with a focus on increasing
development efficiency, implementing findings from the SB 1537 (2024) Section 5 studies, and
conforming with the policy objectives of ORS 197A.025, on:
Siting and design standards for manufactured middle housing,
Siting and design standards for accessory dwelling units and single-room occupancies,
Amending existing siting and design standards for middle housing,
Defining permissible criteria for discretionary review,
Developing model system development charges (SDCs) for residential development,
and
Estimating reasonable zoned capacity for an inventory of buildable lands.
Directs LCDC to provide a report to the Legislature on the feasibility of a safe harbor for local
governments who utilize the model SDC method by July 1, 2028.
HB 2316 Home Start Lands (State-Owned Lands for Housing)
Chief Sponsor(s): Representative Mannix
Effective date: September 26, 2025
Summary: Directs the Department of Administrative Services (DAS) to identify lands owned by
the state inside UGBs to designate as Home Start Lands if they are better used for housing than
their current use. DAS may also identify land that can be exchanged for real property of equal
value to designate as Home Start Lands. Prescribes that local governments may nominate
lands to DAS for designation of Home Start Lands. These lands must be subject to an
affordability covenant making them available to low- or moderate-income households.
Dictates that Home Start Lands can be used for single-unit dwellings, middle housing, or more
dense housing if the zoning permits. Provides exceptions for using the lands including a slope of
25 percent or greater, the property being within a 100-year floodplain, or otherwise regulated for
minimum density requirements and clear and objective standards as outlined in ORS 197A.400.
Terminates Home Start Lands designation after three years of non-development or if DAS or the
local government decides to terminate it.
Specifies conditions of disposition of land including selling, transferring, or leasing for 99 years.
Dictates that the housing developed must be available for sale or for lease to households of low-
or moderate- income for a period of 30 years. Dictates that a notice of sale must be published at
least once weekly for three weeks in a local newspaper in the county where the land for sale is.
Outlines capital improvements developers must complete, and what assistance is available from
DAS. States that proceeds of the sale of land must be placed in the newly created Home Start
Lands Fund to implement
residence (nine months out of a year) for at least five years after purchase. Requires DAS to
coordinate with the Department of State Lands (DSL), and optionally, HAPO, to administer the
above sections. Provides a property tax exemtpion framework for up to five years.
2025 Land Use Legislation Report 6
Total Page Number: 25
HB 2258 Oregon Homes (Preapproved Residential Site Criteria)
Chief Sponsor(s): House Interim Committee on Housing and Homelessness
Effective date: June 24, 2025
DLCD Appropriation: $631,806
Summary: Allows LCDC to adopt rules requiring local governments to issue land use decisions
on lots meeting certain criteria. Those lots must be lawfully established, within a UGB, zoned to
allow residential use, within a specified size and slope range, not in areas protected for natural
resources or hazards, and vacant or partially vacant. Approved residential developments must
be either single-family, middle housing, or small multiunit housing types. The commission may
also establish the procedures for approval at the local level, allowable variances, design
standards, and land use standards including specific tree protections. Directs LCDC to adopt
the first rules by January 1, 2027. Allows the Department of Consumer and Business Services
(DCBS) to establish preapproved building plans or approve plans submitted by developers and
coordinate the land use approvals established by LCDC.
HB 3031 Housing Infrastructure Financing Program
Chief Sponsor(s): at the request of Governor Tina Kotek for Oregon Business Development
Department
Effective date: July 1, 2025
Summary: Directs the Oregon Infrastructure Finance Authority (OIFA) to create housing
infrastructure financing as grants or loans to local jurisdictions in Oregon including
intergovernmental entities and federally recognized tribes. These funds can be used to develop
or improve infrastructure or site development (including privately owned sites) projects related to
transportation, water, wastewater, storm water, or for increasing capacity of these systems due
to specific proposed housing developments. Outlines the criteria to qualify for these funds. The
criteria address the number of housing units, locations within and not within UGBs, city
population numbers, density priorities, affordable housing covenants, and timelines. Provides an
existing definition for "housing authority" and allows for partnerships between housing
authorities and housing developers with criteria for what the written agreement must contain.
Directs the OIFA on how the funds should be apportioned. Directs HAPO to assist in the
development of requirements and prioritization of funding. Directs OIFA to coordinate with
OHCS with respect to the Housing Project Revolving Loan Fund. Allows the Oregon Business
Development Department (OBDD) to adopt rules for the implementation of this section. The new
Housing Infrastructure Project Fund will have its own State Treasury fund distinct and separate
from the General Fund. OBDD may accept donations, grants, contributions, or gifts from non-
state sources for deposit into the fund. The fund will earn interest and be continuously
appropriated to OBDD.
The program is funded through SB 5531, which includes authorization for $10,000,000 in lottery
bond proceeds. HB 5006 provides allocation for program staff of $1,200,000 in Lottery Funds
and $1 of expenditure limitation from the Housing Infrastructure Project Fund. OBDD is required
to bring projects back to the legislature for consideration in 2026.
2025 Land Use Legislation Report 7
Total Page Number: 26
SB 974 Residential Development Application Approval Processes
Chief Sponsor(s): Senator Anderson, Senator Jama, Senator Broadman, and Senator Meek
Effective date: September 26, 2025 (alternative dates for local government compliance are
noted below)
Summary:
Engineering review timelines: Defines final engineering plans and establishes a timeline for
when local governments must approve these plans for residential development applications
within a UGB 30 days to establish completeness of the application, 120 days to review and
issue a decision, and optional, mutually agreed upon extensions for up to 245 days total.
Urban housing applications: Applies new review process criteria to applications for an upzone, a
planned unit development, or a variance for residential development on residentially zoned or
The first issuance of a decision on the application must be done without a public hearing.
Clarifies how the urban housing applications are appealable to the Land Use Board of Appeals.
Sets the operative date for cities to conform with the urban housing application
processing requirements as July 1, 2026.
Design standards: Prohibits a local government from applying design standards to residential
developments inside UGBs with 20 or more units (except for multifamily buildings). Design
standards do not include building height, setbacks, and other regulations pertaining to health,
environment, and safety. Repeals design standard provisions on January 1, 2033.
SB 10 Technical Change to Moderate-Income Housing Predevelopment
Loans Program
Chief Sponsor(s): Senator Wagner
Effective date: April 7, 2025
Summary: HB 2001 (2023) established the Moderate-Income Housing Predevelopment Loans
program to provide financing and refinancing to local governments and housing developers for
residential predevelopment costs. SB 10 moves that program from the Oregon Facilities
Authority to the Network for Oregon Affordable Housing through a pass-through grant from
Oregon Housing and Community Services.
HB 3505 Residential Sprinkler System Development Charges
Chief Sponsor(s): Representative Marsh
Effective date: January 1, 2026
Summary: Prohibits a local government from imposing a new or increased system development
charge on a residential development for the installation of a sprinkler system or the increased
capacity of a water meter for the sprinkler system.
HB 3144 Manufactured Housing CC&Rs
Chief Sponsor(s): Representative Marsh Effective date: January 1, 2026
Summary: Deems a provision in a recorded instrument void and unenforceable if it restricts
siting manufactured housing and was executed on or after the effective date of the bill. Makes
void and unenforceable a provision in a governing document that restricts manufactured
2025 Land Use Legislation Report 8
Total Page Number: 27
housing siting. Extends the sunset for the Manufactured and Marina Communities Dispute
Resolution Advisory Committee established by SB 586.
HB 3145 Funding for Affordable Manufactured Housing
Chief Sponsor(s): Representative Marsh, Senator Anderson, Representative Diehl,
Representative Bowman, Representative Gamba, and Senator Patterson
Effective date: September 26, 2025
Summary: Directs Oregon Housing and Community Services (OHCS) to use Local Innovation
and Fast Track (LIFT) funding for manufactured homes. Allows up to five recipients or locations.
Prescribes preferences for funding such as geographical diversity and Oregon-sourced
materials. Dictates that recipients must cooperate on the report required by Section 5.
Prescribes that $25,000,000 of LIFT funding should be used for these purposes if not otherwise
obligated. Directs OHCS to contract with the Network for Oregon Affordable Housing (NOAH) to
convene a public-private advisory committee to offer guidance on project proposals, which is to
consist of representation from DLCD, DCBS, the Oregon Housing Stability Council, local
governments, private firms, and individuals in the development community. The committee will
provide recommendations for project approval to OHCS. NOAH will also provide technical
assistance and support industry awareness and funding. Directs OHCS to submit a report to the
Legislature by September 15, 2027, on the activities of the program and contractor. Repeals
bill provisions on January 2, 2028. Appropriates $650,000 to OHCS to contract with NOAH.
Urbanization
SB 1129 Urban Reserves Rulemaking
Chief Sponsor(s): Senator Broadman
Effective date: May 27, 2026
Summary: Directs LCDC to amend rules relating to urban reserves by January 1, 2026 to allow
local governments to:
Assign lower priority to exception and non-resource lands containing subdivisions or
planned unit developments as compared to other exception and non-resource lands, and
Assign lower priority to the inclusion of otherwise high priority lands if it is difficult or cost
prohibitive to service them with urban services.
HB 2647 City of Monmouth UGB Land Exchange
Chief Sponsor(s): Representative Evans and Senator Patterson
Effective date: January 1, 2026
Summary: Allows the City of Monmouth to complete a UGB land exchange instead of the
process outlined in SB 1537 (2024). Allows it to remove 90 or fewer acres of land which have:
More than 25 percent of its acreage mapped as flood hazards or wetlands,
Not been annexed by the city,
Not been designated for residential use, and
Not been served by city sewer service.
2025 Land Use Legislation Report 9
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Allows the city to bring in 75 or fewer net residential acres to the UGB, which must have:
Not more than 25 percent of its acreage mapped as hazards or floodplains,
Ability to be connected to water and sewer services, and
Owners that consent to addition to the UGB and annexation to the city.
HB 3921 City of Roseburg UGB Land Exchange
Chief Sponsor(s): Representative Osborne and Senator Brock Smith
Effective date: May 28, 2025
Summary: Requires the Director of the DLCD to issue an order acknowledging the UGB
exchange for the City of Roseburg that was submitted on October 22, 2024. Deems all urban
growth boundary adjustments, city boundaries, comprehensive plan amendments and land use
regulations approved and acknowledged, notwithstanding ORS Chapter 197 and other state
land use planning laws and rules.
HB 2356 Metro Service District Annexation
Chief Sponsor(s): Representative McLain (at the request of Metro Regional Government)
Effective date: January 1, 2026
Summary: Notwithstands requirements of ORS 268.354 and ORS 198 to automatically bring
properties annexed by a city into the metropolitan service district of that urban growth boundary.
Resource Lands
HB 3681 EFSC Contested Cases and Transmission Line Condemnation
Chief Sponsor(s): Representative Gamba
Effective date: January 1, 2026
Summary: Modifies the Energy Facility Siting Council (EFSC) contested case process for site
certificate applications and changes the review criteria for a certificate of public convenience
and necessity for overhead transmission lines.
Directs the Public Utility Commission (PUC) to consider certificate petitions without requiring
petitioner to first obtain required state or local land use approvals.
Clarifies that in proceedings for condemnation, a certified copy of a high voltage transmisison
line cite certificate is conclusive evidence that the line is a public use and is necessary for public
convenience.
HB 3874 Wind Energy Project Size Increase for ESFC Site Certification
Chief Sponsor(s): Representative Helm, Representative Gamba, and Representative Owens
Effective date: January 1, 2026
Summary: Increases minimum size for wind energy project to get an EFSC site certificate from
50 megawatts to 100 megawatts. Wind projects generating at least 50 megawatts and less than
100 megawatts are required to provide a decommissioning plan with financial assurances that
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Counties are responsible for approving requirements during construction and operation of wind
energy projects between 50-100 megawatts and ensuring they are safely and properly removed
from the landscape at the end of their lifecycle.
SB 75 Wildfire Home Hardening Requirements Clarification
Chief Sponsor(s): Senate Interim Committee on Natural Resources and Wildfire
Effective date: January 1, 2026
Summary: Corrects an error in ORS 215.291 and ORS 215.495 clarifying when home hardening
building code and defensible space requirements apply. Removes wildfire hazard language and
related regulatory requirements for home hardening building codes and defensible space for
rural homes for purposes of developing an accessory dwelling unit on lands zoned for rural
residential uses, or replacement dwellings on lands zoned for farm or forest uses.
SB 83 State Wildfire Map Repeal and Defensible Space / Replacement
Dwelling Requirements
Chief Sponsor(s): Senate Interim Committee on Natural Resources and Wildfire
Effective date: June 26, 2025
Summary:** Repeals the state wildfire hazard map created by SB 762 (2021) and revised by
SB 80 (2023) and its application to defensible space requirements, accessory dwelling units
and replacement dwellings, building codes, comprehensive planning, and other areas. Changes
existing statute related to ORSC R327 building code standards for wildfire hazard mitigation,
defensible space and the wildland urban interface (WUI), fire protection for lands outside of
forest protection districts, and Oregon Conservation Corps Program for grant-supported fuels
reduction projects. Makes adoption of R327 building code and defensible space standards
optional for local governments. Includes conforming amendments related to replacement
dwellings on farm and forest land and ADUs in areas zoned for residential development.
Defensible space: Amends ORS 426.392 (minimum defensible space requirements and rules)
to remove reference to the state wildfire map, including the ability for local governments to
administer, consult on, and enforce defensible space requirements based on the map. Defines
-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. Directs the State Fire Marshal
(SFM) to create a defensible space model code for inclusion in the community risk-reduction
program but prohibits the SFM from requiring local governments to adopt it. The SFM may
assist local governments to facilitate the creation of defensible space.
Wildland urban interface: Amends ORS 477.015 (urban interface protections and definitions) to:
vegetation, at any time of the year, to constitute a fire hazard in the judgment of the
forester, regardless of how the areas is zoned or taxed, and
-
**
This summary does not include changes to ORS 476.690 relating to the Wildfire Programs Advisory Council.
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Among other things, directs the Department of Consumer and Business Services (DCBS) to
adopt the wildfire hazard mitigation code standards from Section R327 of the 2023 Oregon
Residential Specialty Code, and prohibits DCBS from requiring local governments to adopt
them.
Comprehensive planning: Amends ORS 197.716 to remove reference to statute requiring the
Accessory dwelling units and replacement dwellings: Revises ORS 215.495 to remove
reference to the statewide wildfire hazard map and map-related provisions in statutes
authorizing a county to approve ADUs and replacement dwellings in high wildfire hazard zones.
Removes requirements for ADUs to comply with applicable state/local defensible space
standards if identified on the state wildfire map as located in the WUI.
Removes requirement for ADUs or replacement dwellings to be altered, restored, or replaced to
comply with the construction provisions in Section R327 of the Oregon Residential Specialty
Code.
SB 85 Wildfire Risk Report
Chief Sponsor(s): Senate Interim Committee on Natural Resources and Wildfire
Effective date: May 28, 2025
Summary: Requires DCBS and the SFM in collaboration with the Department of Forestry and
insurance industry representatives to evaluate and develop community-based wildfire risk
mitigation actions, programs, and strategies to reduce wildfire risks and improve insurance
affordability in Oregon.
Requires DCBS and SFM to submit a report to the State Wildfire Programs Director, the Wildfire
Programs Advisory Council, and the interim legislative committees related to wildfire by
February 2, 2026.
Ocean and Coastal
HB 2925 Ocean Shores Permitting
Chief Sponsor(s): at the request of Governor Tina Kotek for State Parks and Recreation
Department
Effective date: January 1, 2026
Summary:
ocean shore improvements and expands notice requirements. Authorizes OPRD to issue
emergency permits under specific circumstances and creates a framework for general
authorization permits for ocean shore improvements that are similar in nature, have predictable
effects and relate to low-impact, restorative, or conservation-focused projects. Applies to OPRD
permit applications submitted on or after effective date.
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HB 3963 Offshore Wind Roadmap Extension
Chief Sponsor(s): Representative Gomberg
Effective date: September 26, 2025
Summary: Extends the deadline from September 1, 2025, to January 1, 2027, for the
Roadmap as directed by HB 4080 (2024).
SB 179 Landowner Immunity
Chief Sponsor(s): Senate Interim Committee on Judiciary
Effective date: January 1, 2026
Summary: Makes the 2024 temporary changes to immunity for landowners who allow public use
of land without charge for recreational purposes permanent.
Allows local governments included in ORS 174.116 to opt into ORS 105.668, which limits
liability from ordinary negligence claims arising from the use of trails or structures on public
easements or unimproved rights of way by foot, equine, bicycle or other nonmotorized means.
Adds immunity to ORS 105.688 for improved paths, trails, roads and other rights of way that are
used by the public to access land for recreational purposes and limits immunity for
improvement, design, or maintenance that was completed in a manner constituting gross
negligence or reckless, wanton or intentional misconduct, or for which the actor is strictly liable.
-exclusive list of outdoor
activities including running, walking, and bicycling.
SB 504 Nonstructural, Nature-Based Solutions to Shoreline Stabilization
Rulemaking
Chief Sponsor(s): Senator Brock Smith
Effective date: January 1, 2026
DLCD Appropriation: $268,488
Summary: Directs LCDC to adopt rules by January 1, 2028, to allow, define, and provide
guidance on nonstructural, nature-based solutions to be used for shoreline stabilization in
estuaries, coastal shorelands, and the ocean shore. Allows the Department of State Lands
(DSL) and the State Parks and Recreation Department (OPRD) to adopt conforming rules by
January 1, 2029.
In its rulemaking, DLCD is directed to, at a minimum:
-based solutions.
Provide guidance for the use of nonstructural, nature-based solutions to minimize
harmful impacts from flooding and erosion.
Require that nonstructural, nature-based solutions conform with statewide land use
planning goals and is prioritized over structural solutions to address erosion and
flooding.
Not change rules allowing ODOT to use structural shoreline stabilization methods.
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The rules advisory committee (RAC) must include the following interests:
Coastal engineering professionals
Restoration professionals
Environmental and recreational organization representatives
Tribal representatives
Land owners/managers
Fish and wildlife professionals
Local government officials
SB 793 Department of State Lands Territorial Sea Fees
Chief Sponsor(s): at the request of Governor Tina Kotek for Department of State Lands
Effective date: June 20, 2025
Summary: Modifies and increases DSL rulemaking authority to adopt new rules for establishing
fees for easements on state land, including the territorial sea. Easements on state land within
the territorial sea need to adhere to specific policies for routing and installing infrastructure.
Previously, DSL charged a one-time application fee of $5,000 for easements within the territorial
sea and $750 for easements on other state lands. Moving forward, application and renewal fees
must be reasonably calculated to offset the cost to DSL for granting and renewing easements.
Requires the Director of DSL to adopt the rules by January 1, 2027.
Administrative and Miscellaneous
HB 2005 Siting of Psychiatric and Behavioral Health Care Facilities
Chief Sponsor(s): Representative Kropf and Representative Andersen
Effective date: June 30, 2025
Summary:Requires local governments to allow by right a residential treatment facility or
residential home within a UGB on lands zoned for residential commercial, employment, and
industrial uses under specific criteria, in addition to public lands (excluding park lands). There
are exceptions for lands that have natural resource or hazard restrictions or cannot be provided
with public services. Does not require local governments to update any analyses related to land
authority.
Requires a local government to issue a decision within 120 days.
Within an urban growth boundary, requires a local government to allow by right a mental or
psychiatric hospital on lands zoned for commercial, employment, and industrial uses, as well as
public lands (excluding park lands), and where it is adjacent to an existing or pending crisis
stabilization center. Exceptions are made for lands that have natural resource or hazard
restrictions or cannot be provided with public services. Does not require local governments to
update any analyses related to land use goals. Exempts these decisions from LUBA authority.
Requires a local government to issue a decision within 120 days. Requires a local government
HB 3569 (2025) requires the sponsoring legislator to be invited to serve as a non-voting member on legislatively
mandated RACs that are appointed on or after January 1, 2026.
This summery covers Sections 58-63 of HB 2005. Other sections are not relevant to land use.
2025 Land Use Legislation Report 14
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to allow by right a crisis stabilization center within a UGB if the property is owned by a public
body and adjacent to an existing or pending mental or psychiatric hospital.
Repeals ORS 197.670, which addresses existing zoning requirements and prohibitions for
residential homes and facilities.
HB 2256 Private Right to Action for Conservation-Purchased Lots
Chief Sponsor(s): Representative Fragala, Senator Prozanski, and Senator Manning, Jr.
Effective date: January 1, 2026
Summary:
of land, which includes individual action against the seller for damages. HB 2256 amends ORS
92.018 to establish that a purchaser does not have individual right to action if it is a holder (such
as a government entity, trust, or Tribal government per ORS 271.715), the unit of land was
separately described in an instrument executed before January 1, 2025, and the unit of land has
a conservation easement. If the unit of land is subsequently sold within five years for non-
conservation purposes, the new buyer may have individual right to action against the original
buyer.
HB 2658 Frontage Improvements for Building Alterations
Chief Sponsor(s): Representative Evans
Effective date: January 1, 2026
Summary: Prohibits a municipality over 15,000 in population from requiring a frontage
improvement as a condition of approval for a construction permit to alter or renovate an existing
building, so long as there is no increase to the square footage, the alteration cost does not
exceed a limit set by the director of the DCBS, and the changes do not result in a change of
occupancy classification. Sets alteration cost limit initially at $150,000, with annual increases
due to the Consumer Price Index. If frontage improvements along a state highway are required
for final action on a permit or zone change, requires ODOT or the municipality to coordinate on
if design, engineering, or construction plans already exist. Makes these provisions applicable to
all size cities on January 1, 2031.
HB 2069 Tribal Task Force
Chief Sponsor(s): Representative Sanchez
Effective date: June 24, 2025
Summary:
requirements of state agencies to engage in Tribal consultation, to be completed by December
31, 2026.
HB 3136 Real Estate Professionals on Planning Commissions
Chief Sponsor(s): Representative Breese-Iverson, Senator Meek, and Senator Anderson
Effective date: January 1, 2026
Summary: Amends regulations regarding participation on county and city planning commissions
to specify that only when a planning commission has five or fewer members is there a two-
person limit on participating persons that can be involved in selling or developing real estate.
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HB 3560 Childcare Facility Siting Expansion
Chief Sponsor(s): Representative Marsh, Representative Neron, Senator Reynolds,
Representative Andersen, Representative Bowman, Representative Chotzen, Representative
Dobson, Representative Fragala, Representative Gamba, Representative Helm, Representative
Hudson, Representative Kropf, and Representative E. Levy
Effective date: January 1, 2026
Summary: Changes zoning requirements to allow child care centers as an outright use on land
zoned for multiunit residential and institutional uses. Relocates the child care facility siting
statute from ORS 329 to ORS 197.
preschool recorded program, school-age recorded program or a parent cooperative. Inside
Metro's UGB, this bill permits child care centers in areas zoned for multiunit residential densities
of at least 17 units per acre. Outside of the Metro UGB, this bill permits child care centers on
residential lands zoned for densities of 12 units per acre or greater and on commercial and
industrial land, but not heavy industrial land. Local governments may not add additional
conditions of approval before allowing a child care center to co-locate with a conditional
institutional use. Local governments must update their land use laws to comply by
January 1, 2027.
HB 3569 Legislators as Non-Voting Members on Rules Advisory Committees
Chief Sponsor(s): Representative Gamba
Effective date: January 1, 2026
Summary: Requires an agency that appoints a rules advisory committee regarding rules
implementing legislation to invite one of the following to serve on the committee as a nonvoting
member:
, or
Applies to advisory committees appointed on or after the effective date.
SB 817 LUBA Fee Increase
Chief Sponsor(s): at the request of Governor Tina Kotek for Land Use Board of Appeals
Effective date: January 1, 2026
Summary: Increases LUBA fees for filing a notice of intent to appeal from $300 to $350 and a
motion to intervene from $100 to $200.
SB 967 Local Improvements IGAS
Chief Sponsor(s): Senator Broadman and Senator Nash
Effective date: January 1, 2026
Summary: Allows local governments to enter into an intergovernmental agreement for purposes
of allocating authority over local improvements within a UGB. Requires local improvements to
still comply with applicable land use regulations.
SB 1099 Preschools in Places of Worship
Chief Sponsor(s): Senator Starr and Senator Anderson
Effective date: June 3, 2025
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Summary: Requires local governments to allow preschool or pre-kindergarten education on land
where places of worship are allowed.
Contact Information
If you have questions or comments about the report or other legislation, please contact:
Alexis Hammer, J.D., Legislative and Policy Manager at
alexis.hammer@dlcd.oregon.gov or 971-718-4545,
Aurora Dziadul, Legislative and Policy Analyst (Housing/Urbanization) at
aurora.dziadul@dlcd.oregon.gov or 971-446-8834, or
Alyssa Bonini, J.D., Legislative and Policy Analyst (Natural Resources) at
alyssa.bonini@dlcd.oregon.gov or 971-458-3866.
2025 Land Use Legislation Report 17
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_________________________________
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Memo
DATE: August 26, 2025
TO:Planning Commissioners
FROM: Derek Severson, Planning Supervisor
RE: Planning Commission Retreat Discussion
Background
Typically, the Planning Commission’s annual retreat includes a chance to talk informally over
coffee and pastries; have a few sessions to dig into topics of interest to the Commission or
that are likely to be focal points of the coming year; share lunch and then make a few site
visits to recently completed projects or city facilities.
The retreats usually last about six hours, and for the last several years they have been
conducted on a Friday. Prior to that, they were often held on Saturdays.
2025 Retreat
Staff are working with the City Attorney’s office with the hope of scheduling a session on
public meetings law, policies and ethics at this year’s retreat. Commissioners have also
requested a discussion of wildfire preparedness as it interfaces with land use, and staff are
reaching out to the Fire Department to discuss their possible participation in the retreat.
Next Steps
Staff would ask that Commissioners bring their calendars so that we can finalize a retreat
date and began making arrangements.
It would also be beneficial for Commissioners to consider preferences for a Friday or Saturday
retreat. The benefit for staff of a weekday retreat is that more staff members can participate
and/or support the retreat on a regular workday, particularly if staff from other departments
are being asked to participate.
If Commissioners have other topics of interest, or specific sites they’d like to visit please bring
those to the meeting as well.
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050
ashland.or.usTTY: 800.735.2900
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