Legislative updates.

There were special fire-related committees in both the House and the Senate during the 2021 Legislative Session. Some of the key changes to land use laws include:

Senate Bill 405: On May 12, 2021 the Governor signed Senate Bill 405 into law. The legislation extends the deadline for beginning the rebuilding of non-conforming use structures to September 30, 2025. It was previously only 12 months.

House Bill 2289: HB 2289 became effective on June 11, 2021, and provides relief and flexibility from certain land use and building code requirements for residents rebuilding structures lost in 2020 wildfires including the Holiday Farm Fire. Land Management is currently implementing the bill by reaching out to persons who have filed planning and building permits to let them know about this option and to discuss the requirements of the bill.

The bill allows for replacement of a dwelling through a simplified planning process that cannot be appealed to the Hearings Official or Land Use Board of Appeals. This replacement dwelling option is subject to certain criteria, for example, that the replacement dwelling is proposed wholly or partially within the same footprint of the former dwelling and has a floor area that is not more than 10 percent greater than the former dwelling. Other criteria apply.

The bill also allows alteration, restoration, or replacement of a nonresidential use (e.g. a structure that is not a dwelling) if the structure is verified to have existed before the fire, subject to certain criteria, and if the replacement use will be as near as practicable to records of the use with the county assessor, building permit information or other reliable records.

For both options, a Planning application will not be required. Property owners will meet with the Planner on Duty and Builder on Duty for 1) to review eligibility requirements and for assistance with assembling information and materials needed for review and 2) for eligibility review at building permit intake.

The Senate Committee included Senator Floyd Prozanski, whose Senate District covers the the Holiday Farm Fire area.

In addition to the Oregon Legislature, the Oregon Department of Land Conservation & Development has adopted temporary rules in response to the 2020 Oregon wildfires. Download a summary of the temporary rules.