Oregon Administrative Code

660-046-0010 Applicability (1) A local government that is a Medium City or Large City must comply with this division. (2) Notwithstanding section (1), a Medium or Large City need not comply with this division for: (a) Lots or Parcels that are not zoned for residential use, includ…

660-046-0020 Definitions As used in this division, the definitions in ORS 197.015 and ORS 197.758 apply, unless the context requires otherwise. In addition, the following definitions apply: (1) “A Local Government That Has Not Acted” means a Medium or Large City that has not adop…

660-046-0030 Implementation of Middle Housing Ordinances (1) Before a local government amends an acknowledged comprehensive plan or a land use regulation to allow Middle Housing, the local government must submit the proposed amendment to the Department for review and comment purs…

660-046-0040 Compliance (1) A Medium or Large City may adopt land use regulations or amend its comprehensive plan to comply with ORS 197.758 and the provisions of this division. (2) A Medium or Large City may request from the Department an extension of the time allowed to complet…

660-046-0050 Eligible Local Governments (1) If a local government was not previously a Medium City and a certified Portland State University Population Research Center population estimate qualifies it as a Medium City, the local government must comply with this division within on…

660-046-0100 Purpose of Middle Housing in Medium Cities OAR 660-046-0105 through OAR 660-046-0130 are intended to measure compliance with ORS 197.758 et seq and Goal 10 Housing for Medium Cities. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.758 Histo…

660-046-0105 Applicability of Middle Housing in Medium Cities (1) A Medium City must allow for the development of a Duplex, including those Duplexes created through conversion of an existing detached single-family dwelling, on each Lot or Parcel zoned for residential use that all…

660-046-0110 Provisions Applicable to Duplexes in Medium Cities (1) Medium Cities may regulate Duplexes to comply with protective measures, including plans, policies and regulations, as provided in OAR 660-046-0010(3). (2) Medium Cities may regulate siting and design of Duplexes,…

660-046-0115 Permitted Uses and Approval Process Medium Cities must apply the same approval process to Duplexes as detached single-family dwellings in the same zone. Pursuant to OAR 660-007-0015, OAR 660-008-0015, and ORS 197.307, Medium Cities may adopt and apply only clear and …

660-046-0120 Duplex Siting Standards in Medium Cities The following standards apply to all Duplexes: (1) Minimum Lot or Parcel Size: A Medium City may not require a minimum Lot or Parcel size that is greater than the minimum Lot or Parcel size required for a detached single-famil…

660-046-0125 Duplex Design Standards in Medium Cities (1) Medium Cities are not required to apply design standards to new Duplexes. However, if the Medium City chooses to apply design standards to new Duplexes, it may only apply the same clear and objective design standards that …

660-046-0130 Duplex Conversions Conversion of an existing detached single-family dwelling to a Duplex is allowed, pursuant to OAR 660-046-0105(2), provided that the conversion does not increase nonconformance with applicable clear and objective standards in the Medium City’s deve…

660-046-0200 Purpose of Middle Housing in Large Cities OAR 660-046-0205 through OAR 660-046-0235 are intended to measure compliance with ORS 197.758 and Goal 10 Housing for Large Cities. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.758 History: LCDD …

660-046-0205 Applicability of Middle Housing in Large Cities (1) A Large City must allow for the development of Duplexes in the same manner as required for Medium Cities in OAR 660-046-0100 through OAR 660-046-0130. (2) A Large City must allow for the development of Triplexes, Qu…

660-046-0210 Provisions Applicable to Middle Housing in Large Cities (1) Large Cities may regulate Middle Housing to comply with protective measures, including plans, policies and regulations, as provided in OAR 660-046-0010(3). (2) Large Cities may regulate siting and design of …

660-046-0215 Permitted Uses and Approval Process Large Cities must apply the same approval process to Middle Housing as detached single-family dwellings in the same zone. Pursuant to OAR 660-008-0015 and ORS 197.307, Large Cities may adopt and apply only clear and objective stand…

660-046-0220 Middle Housing Siting Standards in Large Cities (1) Large Cities must apply siting standards to Duplexes in the same manner as required for Medium Cities in OAR 660-046-0120. (2) The following governs Large Cities’ regulation of siting standards related to Triplexes …

660-046-0225 Middle Housing Design Standards in Large Cities (1) A Large City is not required to apply design standards to Middle Housing. However, if a Large City chooses to apply design standards to Middle Housing, it may only apply the following: (a) Design standards in the Mo…

660-046-0226 Residential Design Standards (1) A local government may not apply residential design standards as defined in Oregon Laws 2025, chapter 330, section 8(3)(a) to an application for the development of housing within an urban growth boundary unless the application is for …

660-046-0230 Middle Housing Conversions (1) Additions to, or conversions of, an existing detached single-family dwelling into Middle Housing is allowed in a Large City pursuant to OAR 660-046-0205(2), provided that the addition or conversion does not increase nonconformance with …

660-046-0235 Alternative Siting or Design Standards A Large City may adopt Siting or Design Standards not authorized by OAR 660-046-0220 or OAR 660-046-0225 as allowed if the city can demonstrate that it meets the applicable criteria in this section. Alternative Siting or Design …

660-046-0300 Purpose of Infrastructure-Based Time Extension Request Process OAR 660-046-0300 to OAR 660-046-0370 establish the form and substance of the IBTER application and review process. The purpose of these rules is to provide submittal requirements, including required data …

660-046-0310 Entities Eligible to Apply Local governments, as defined in OAR 660-046-0320, may submit an IBTER. Statutory/Other Authority: ORS 197.040 & OR Laws 2019, chapter 639, section 4(6) Statutes/Other Implemented: ORS 197.758 & OR Laws 2019, chapter 639, sections 3 and 4 H…

660-046-0320 Definitions In addition to the definitions in OAR 660-046-0020 and in ORS 197.015 and ORS 197.758, the following definitions apply to OAR 660-046-0300 to OAR 660-046-0370. In the event of a conflict, these definitions will take precedence. (1) “Acceptable service lev…

660-046-0330 Parameters (1) Infrastructure, as defined in OAR 660-046-0320(4) and as described in more detail in OAR 660-046-0340, is eligible as a basis for an IBTER application. An infrastructure deficiency is not significant if it would be addressed with infrastructure improve…

660-046-0340 Infrastructure-Specific Application Thresholds This rule specifies the circumstances that would justify a time extension for each infrastructure type. (1) Transportation. A local government may use the following circumstances to justify a transportation-based IBTER: …

660-046-0350 Application Submittal Timeline and Requirements (1) Local governments requesting a time extension must file IBTER applications with the department as follows: (a) By December 31, 2020 for local governments subject to ORS 197.758(3). (b) By June 30, 2021 for local gov…

660-046-0360 Review Process, Review Criteria and Appeal Process (1) Review and decision-making authority. The department reviews IBTERs for consistency with the review criteria and compliance with the procedural requirements in OAR 660-046-0360. The department will deny an IBTER …

660-046-0370 Duration of Time Extension (1) As provided in OAR 660-046-0350(3)(f)(A), the IBTER must specify when the local government intends to correct the significant infrastructure deficiency. The IBTER must provide a detailed timeline for a complete plan of action that will …

661-001-0000 Notice of Proposed Rulemaking Prior to adoption, amendment or repeal of any rule, the Land Use Board of Appeals shall give notice of the intended action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date.…

661-001-0005 Model Rules of Procedure The Land Use Board of Appeals adopts by reference division 1 of the Oregon State Attorney General’s Model Rule. Statutory/Other Authority: ORS 183 History: LUBA 1-1981, f. & ef. 4-24-81

661-010-0000 Introduction Scope of Rules and Effective Date: All proceedings commenced by a notice of intent to appeal filed on or after January 1, 2026, shall be governed by these rules. Proceedings commenced before January 1, 2026, shall be governed by OAR 661-010-0005 through …

661-010-0005 Purpose These rules are intended to promote the speediest practicable review of land use decisions and limited land use decisions, in accordance with ORS 197.805-197.855, while affording all interested persons reasonable notice and opportunity to intervene, reasonabl…

661-010-0010 Definitions In these rules, unless the context or subject matter requires otherwise: (1) “Applicant” means the person who requested that the governing body take an action which resulted in a land use decision or limited land use decision. (2) “Board” means the Land U…

661-010-0011 Administrative Rule Compliance (1) The Board may, on its own motion, dismiss a party for lack of prosecution. (2) A party will be dismissed for lack of prosecution if: (a) The party has failed to comply with these rules of procedure; (b) The Board has mailed a notice…

661-010-0012 Appearance and Representation Before the Board (1) Appearances Before the Board: An individual shall either appear on their own behalf or be represented by an attorney. A corporation or other organization shall be represented by an attorney. In no event may a party b…

661-010-0014 Filing and Service (1) Filing: (a) Filing a document with the Board is accomplished by mail or commercial delivery. (b) Documents shall be filed with the Board by delivery to the address listed in subsection (6) of this rule and shall contain a statement certified by…

661-010-0015 Notice of Intent to Appeal (1) Filing of Notice: (a) The Notice, together with one copy, and the filing fee required by section (4) of this rule, shall be filed with the Board on or before the 21st day after the date the decision sought to be reviewed becomes final o…

661-010-0021 Withdrawal of Decision for Reconsideration (1) If a local government or state agency, pursuant to ORS 197.830(13)(b), withdraws a decision for the purposes of reconsideration, it shall file a notice of withdrawal with the Board on or before the date the record is due…

661-010-0025 Record (1) Contents of Record: Unless the Board otherwise orders, or the parties otherwise agree in writing, the record shall include at least the following: (a) The final decision including any findings of fact and conclusions of law. (b) All written testimony and a…

661-010-0026 Objections to the Record (1) Before filing an objection to the record, a party shall attempt to resolve the matter with the governing body’s legal counsel. The objecting party shall include a statement of compliance with this section at the same time the objection is…

661-010-0029 Citations to Board Decisions Citations to Board decisions shall be in the following form: (1) For a Final Opinion and Order and Orders included in LUBA Reporter volumes 1 through 81: John Doe v. XYZ County, 5 Or LUBA 654 (1981). (2) For an Order not included in LUBA …

661-010-0030 Petition for Review (1) Filing and Service of Petition: Unless the Board orders otherwise pursuant to ORS 197.830(10)(a), the petition for review shall be filed with the Board within 21 days after the date the record is received or settled by the Board. See OAR 661 0…

661-010-0035 Respondent’s Brief (1) Filing and Service of Brief: Unless otherwise provided by the Board, respondent’s brief shall be filed within 42 days after the date the record is received or settled by the Board. See OAR 661-010-0025(2) and 661-010-0026(6). A copy of the resp…

661-010-0038 State Agency Briefs A state agency that wishes to file a brief under ORS 197.830(8) shall file the brief within the time required for respondent’s brief. A state agency brief shall have yellow front and back covers. A state agency brief shall follow the form prescrib…

661-010-0039 Reply Brief A reply brief shall be permitted. A reply brief shall be filed within seven days of the date the respondent's brief is filed. A reply brief shall be confined to responses to arguments in the respondent's brief, state agency brief, or amicus brief, but sha…

661-010-0040 Oral Argument (1) Only parties who have submitted briefs shall be allowed to present oral argument to the Board. The Board shall not consider issues raised for the first time at oral argument. (2) If a party waives the right to present oral argument, the Board shall …

661-010-0043 Conferences On its own motion or at the request of any party, the Board may conduct one or more conferences. Conferences may be by video conference call. The Board shall provide reasonable notice advising all parties of the time, place and purpose of any conference. …

661-010-0045 Taking Evidence Not in the Record (1) Grounds for Motion to Take Evidence Not in the Record: The Board may, upon written motion, take evidence not in the record in the case of disputed factual allegations in the parties’ briefs concerning unconstitutionality of the d…

661-010-0046 Taking Official Notice (1) Grounds for Taking Official Notice: The Board may take official notice of relevant law as defined in ORS 40.090. (2) Motions to Take Official Notice: (a) A motion to take official notice shall contain a statement explaining with particulari…