Oregon LCDC adopts new rules requiring cities make room for ‘middle housing’

Duplexes, triplexes, townhomes to be allowed in single-family home zones

SALEM, Ore. (KTVZ) -- The Oregon Land Conservation and Development Commission has adopted a model housing code and administrative rules to guide and encourage the development of what's called "middle housing" (duplex, triplex, quadplex, townhouses and cottage clusters) in larger cities.

The move comes under the directions of House Bill 2001, 2019 legislation that allows for development of diverse housing types in historically exclusionary single-family zones.

Thirty-six cities across Oregon will need to comply with these rules by adopting changes to their land use ordinances by June 2022.

Wednesday's adoption of the model code and rules for large cities (OAR Chapter 660, Division 46) is a major milestone in the implementation of the work by House Speaker Tina Kotek and the Oregon Legislature to increase housing choice and supply in Oregon, the agency said

This is the final set of rules to be adopted by the commission to implement House Bill 2001.

In July, LCDC adopted a model housing code and administrative rules to allow for the development of duplexes on all single-family zoned lots in medium-sized cities, population between 10,000 and 25,000.

In August, the department adopted rules establishing a process for cities to extend the deadline to comply with middle housing rules in areas with significant infrastructure deficiencies.

Commission Chair Robin McArthur summarized the momentous vote this way: “I am proud and honored to join my fellow commissioners in unanimously adopting a rule that will lead to an increase in housing supply and housing choice in communities throughout Oregon. 

"Actions to address housing inequity and racial exclusion are long overdue.  We must now turn our collective attention toward implementation including funding for infrastructure planning and development.” 

Jerry Lidz, co-liaison to the advisory committees and former LCDC Chair testified that "The Commission, the Advisory Committees, and Department staff have worked to answer the tough implementation questions that remained unanswered when the Oregon Legislature passed House Bill 2001 in 2019. They have worked hard to develop a set of rules that are solution-oriented, not a set of compromises.”

Commissioner Anyeley Hallova, who served as the other co-liaison to the volunteer committees that have worked on these rules over the last year, made the motion. Vice-Chair Katie Pearmine seconded the motion which passed unanimously.

“Before racial segregation through zoning, some neighborhoods had more diverse housing types with mixed incomes that are part of our beloved neighborhood fabric," Hallova said.

"As intentional as racially segregating housing policy was, we need to be as equally intentional about providing equitable housing outcomes for all.  Housing should be accessible to everyone – including affordable rental and home ownership opportunities that create pathways for security and wealth creation for historically marginalize communities.”

House Bill 2001 requires all cities with a population more than 25,000, a city with a population over 1,000 within the Portland Metro boundary, or county unincorporated urbanized areas within the Portland Metro boundary to allow for the development of a duplex on all lots or parcels where single-family detached residences are currently allowed.

Additionally, these cities must allow for triplexes, quadplexes, townhomes, and cottage clusters to be built in areas zoned for single-family residential development.

The law directed LCDC to develop a model housing ordinance and associated compliance provisions to guide cities in implementation of local codes. Cities who do not act to allow middle housing in a manner that is in compliance with the adopted rules by the June 30, 2022 deadline must adopt the middle housing model code provisions beginning July 1, 2022.

A final version of the adopted rules can be reviewed on the DLCD website here.

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Background

In 2019, the Oregon Legislature passed, and Governor Brown signed into law, House Bill 2001. This bill was passed with the intent to increase housing choice and supply.

HB 2001 requires traditional housing types like duplexes and triplexes to be allowed in all areas zoned for single-family residential development for cities with population above 10,000 and, within the Portland Metro Urban Growth Boundary (UGB), all cities with population greater than 1,000 and urbanized portions of counties.

Non-Metro cities (“medium cities”) between 10,000 and 25,000 population must allow a duplex on all lots or parcels where single-family detached residences are currently allowed by city zoning.

Cities greater than 25,000 population and the affected Portland Metro Area jurisdictions (“large and metro communities”) must, in addition to the duplex requirement noted above, allow triplexes, quadplexes, townhomes, and cottage clusters in areas zoned for single-family residential development.

Additional information on House Bill 2001 is available on the DLCD website: https://www.oregon.gov/lcd/UP/Pages/Housing-Choices.aspx

Information on House Bill 2003 also is available on the DLCD website:

https://www.oregon.gov/lcd/UP/Pages/Housing-Needs.aspx

Additional information on the commission and their work is available on the DLCD Commission website: https://www.oregon.gov/lcd/Commission/Pages/index.aspx

Oregon’s statewide land use planning program — originated in 1973 under Senate Bill 100 — protects farm and forest lands, conserves natural resources, promotes livable communities, facilitates orderly and efficient development, helps coordination among local governments, and enables citizen involvement.
 
The program affords all Oregonians predictability and sustainability to the development process by allocating land for industrial, commercial and housing development, as well as transportation and agriculture.
 
The Department of Land Conservation and Development (DLCD) administers the program. A seven-member volunteer citizen board known as the Land Conservation and Development Commission (LCDC) guides DLCD.
 
Under the program, all cities and counties have adopted comprehensive plans that meet mandatory state standards. The standards are 19 Statewide Planning Goals that deal with land use, development, housing, transportation, and conservation of natural resources. Periodic review of plans and technical assistance in the form of grants to local jurisdictions are key elements of the program.