We are here to help you navigate the rebuilding process.
Permits ensure a reasonable level of safety for residents from a variety of issues that could affect human health and wellbeing. Permits also take into account the health and sustainability of the environment that many Oregonians enjoy. Obtaining the proper permits provides owners and buyers with more accurate records as well as oversight and accountability for all parties involved with the building and rebuilding processes.
Before you begin
The process and type of permit application you will need is dependent upon how your property is zoned for land use (e.g. rural residential, exclusive farm use, etc.) and whether it is in a floodplain or riparian setback area or another planning area subject to development standards.
Confirm your property’s zoning by using our property information tool below.
Rebuilding timelines are dependent upon whether your property is a conforming or non-conforming use. The current emergency rules give property owners 60 months to replace homes and other structures considered a conforming use. Property owners should start the application process well before that deadline and take into account the permitting timelines.
Non-conforming structures, including those in riparian setback areas, F1 and F2, have until September 30, 2025 to begin rebuilding.
State law defines a non-conforming use as “one which lawfully existed prior to the enactment of a zoning ordinance and which may be maintained after the effective date of the ordinance although it does not comply with the use restrictions applicable to the area.” Clackamas County v. Holmes, 265 Or 193, 196–197, 508 P2d 190 (1973). Examples include dwellings in zones where dwellings are no longer permitted or the location of a dwelling in an area no longer permitted.
Non-Conforming Use Code
Senate Bill 405, which was signed into law on May 12, 2021, extends the deadline to begin rebuilding non-conforming use structures to September 30, 2025.
What does this mean for me?
It means that property owners with a non-conforming use must apply for their building permits by September 30, 2025. Building permit applications should be sufficiently complete for intake and plan review before this deadline. To begin the rebuilding of a non-conforming use/structure process, please contact the planner-on-duty at 541-682-3577 to discuss verification of the use/structure and next steps.
After you have received your building permit, you will need to continue to work toward restoring the structure or use. If you do not continue to make progress toward your rebuild, it may place your non-conforming use status in danger and the use or location of your structure may become subject to current zoning regulations and may no longer be allowed.
Based on your property’s land use zone, please select the appropriate button below.
If your property falls entirely or partly within a floodplain or riparian setback area, you can find more information about additional requirements below.
The Oregon Legislature and the Oregon Department of Land Conservation & Development are enacting temporary rule changes and considering changes to the rebuilding timeline for fire survivors. Learn more.
Help is available.
Lane County Land Management Division staff are working to answer your questions as quickly as possible.