The 2021 Legislative Session saw the passage of a long-time Association of Oregon Counties (AOC) priority – statutory authority for counties to site Accessory Dwelling Units (ADUs) in areas zoned for rural residential use. With a technical fix secured in the 2022 Legislative Session related to fire hardening standards, counties interested in pursuing this housing option can now start working on necessary zoning code and comprehensive plan amendments.
Senate Bill 391 (2021), the initial ADU legislation, was the result of multiple years of stakeholder negotiations, and passed with bipartisan support. The bill set certain minimum parameters counties must follow when amending local code. Specifically, the lot must be at least two acres with one single family dwelling, may not be located in an urban reserve or an area of critical state concern, and must be served by accredited fire protection services. The ADU must be 900 square feet or smaller, be located within 100 feet of the existing dwelling, have adequate setbacks, and may not be used as a vacation rental.
Allowing for ADUs in rural residential zones creates a tool for counties to provide additional housing options with minimal additional public resources, and increase the supply of rental, supportive, and multigenerational housing to alleviate at least some of the housing supply shortage that many communities in Oregon are facing.
As Deschutes County began working through implementation of Senate Bill 391 in the fall of 2021, community development staff realized that SB 762 (2021), the omnibus wildfire bill which passed after SB 391, removed a critical piece of statute referring to defensible space standards for rural residential ADUs.
Senate Bill 1533 (2022), the omnibus wildfire “fix bill,” inserts the correct and updated statutory reference to current defensible space standards and reflects a consensus between state agencies, stakeholders, the governor’s office, and AOC.
Senate Bill 762 (2021) required the Oregon Department of Forestry to develop new Wildlife-Urban Interface (WUI) maps by June of 2022. Counties may begin siting ADUs, subject to local fire standards, on lots that are not within the WUI following the publishing of the new WUI maps. SB 762 also required the Oregon State Marshal to adopt defensible space standards for lots within the WUI by December 31, 2022 – counties may site ADUs within the WUI following the promulgation of those rules.
Contributed by: Mallorie Roberts | Legislative Director