FAQs
Who do I contact with questions?
The Lane County Land Management Division is available Monday-Friday from 9:00 a.m. to 4:00 p.m.
Land use and zoning: 541-682-3577
Damage assessments, building code, permits and inspections: 541-682-4651
Septic system evaluations and permits: 541-682-3754
Please leave a message and reference the Holiday Farm Fire in the message and your call will be prioritized for response.
May I place a temporary storage building on my property?
If you live on a property zoned RR, RC, or RI, and your property is located outside an unincorporated community, you may be allowed a temporary storage site for nonhazardous debris, construction materials and equipment, logs, or other materials resulting from recovery efforts or otherwise associated with damage caused by the wildfire. A Type II application will be required in order to approve the temporary use. As part of the Type II application, a temporary building may be allowed for the temporary storage or staging use. If the Type II permit is approved, you must pull a building permit for any temporary building. Temporary buildings must be removed, or converted to an allowed use, by September 8, 2023. This can be extended to 2023 or 2024 if one-year extensions are obtained.
Please see the Informational Handout for details before you build. It is important to speak with both the Planner and Builder on Duty before you propose the building. Once you have spoken with County staff, you may apply for the Type II permit using this Application Form.
Can I replace my structure?
The zoning of your property will guide your rebuilding process. The most common zones include Rural Residential (RR), Non-Impacted Forest (F-1), Impacted Forest (F-2), Exclusive Farm Use (EFU), and Rural Commercial (RC).
Please contact us at 541-682-3577 and we will help you navigate zoning requirements. We will determine whether a land use application is required, and what zoning and development code requirements apply.
HOUSE BILL 2289
House Bill 2289 was passed by Oregon state legislature in June of 2021. HB 2289 has streamlined the process to replace previously existing structures on properties zoned RR, F-1, F-2 or EFU.
If the replacement dwelling will use the same footprint, or partially the same footprint, as the previous dwelling; if the footprint of the new home won’t be more than 10% larger than the previous home; and if the previous home was lawfully placed and taxed as a dwelling; then no additional planning applications (such as floodplain development permits, verifications of replacement rights, or riparian declarations) will be required. Staff will complete a brief over-the-counter checklist with you, and then take in your submittal.
If you plan to move your new home away from the previous site, if your new home will be much larger than before, if your proposal does not meet other criteria of HB 2289, or if you prefer to apply through the traditional planning process, you may need to apply for planning applications under the processes described next.
F-1, F-2, OR EFU ZONES
For properties zoned F-1, F-2 or EFU, state law requires a land use application to determine whether your dwelling was placed lawfully and meets other criteria, prior to submitting your building permit. We call these applications Verification of Replacement Rights. If your property is zoned EFU, you must submit your application prior to January 2, 2024. If your property is zoned F-1 or F-2, you must submit your application prior to May 8, 2021. We are tracking potential State legislation and rule changes that may if approved by the State provide for additional replacement rights for homes lost in the fire, but recommend that you begin the process as soon as feasible.
RURAL RESIDENTIAL ZONE
If your property is zoned Rural Residential, a verification of lawfully established unit of land review may be required if a building permit is not requested by September 30, 2025.
RURAL COMMERCIAL ZONE
If your property is zoned Rural Commercial, a land use review may be required depending on permit history. Some uses and development that were located in the Rural Commercial Zone and destroyed by the fire may require a Type II Planning Director / Special Use Permit Application based on today’s zoning. However, consistent with “nonconforming use” requirements described below, if such a use or development was originally placed lawfully, it may be replaced without need for a new Type II application if rebuilding begins by September 30, 2025.
How long do I have to replace my nonconforming use?
If your structure or development is not permitted by today’s zoning or development standards, it may be classified as a “non-conforming” use. Senate Bill 405, which was signed into law on May 12, 2021, extends the deadline to begin rebuilding to September 30, 2025.
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.
We support residents in rebuilding efforts. Unfortunately, the terms of non-conforming use code (such as commence and diligently prosecuted to completion) are mostly undefined by State law and Lane Code. 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. Please note that Building Permit applications should be sufficiently complete for intake and plan review before this deadline. After applying for and receiving a Building Permit, applicants will need to continue to work towards restoring the structure or use.
If my concrete foundation is removed during cleanup, how can I demonstrate the footprint of my structure for my land use application?
Concrete foundations are often not reusable after a wildfire. Fire can generate enough heat to damage and weaken the concrete and steel reinforcement bars in footings, slabs, and footing stem walls. Even though concrete is non-flammable and offers fire protective qualities for preventing the spread of fire, it loses most, if not all, of its structural strength characteristics when exposed to extreme heat.
An average house fire burns at about 1,100ºF. At slightly above 212ºF, free water in concrete begins to evaporate rapidly. When concrete reaches about 350ºF, a significant amount of chemically bound water is released. When concrete temperatures reach above 750ºF, the residual compressive strength typically drops by 50 to 60 percent and the concrete is considered fully damaged.*
If the structure was located within the Riparian Area Setback, Floodway, or another property line or road setback area, verification of the prior footprint will be required. This is reviewed by the Planner-on-Duty and sometimes requires a planning application.
If this planning review is required, and your concrete foundation is removed, there are two options for demonstrating your structure’s footprint during your s planning review process.
Option 1:
Lane County Land Management Division has access to LIDAR (Light Detection and Ranging) data that covers the McKenzie River Valley and shows detail for most structures in the area. The division also has access to a library of aerial imagery as well as Assessment and Taxation data that show the year structures were built. Property owners can choose to assume this data is available and accurate for their property.
In addition, prior planning and building permitting data can also be relied on as a resource to determine what previously existed. Issued permits are scanned here: http://apps.lanecounty.org/LMDPro/.
Option 2:
Property owners can take photos of the foundation before it is removed and save those photos in the event they are needed during the land use review process. Photos should be taken from each side of the foundation and 1-2 photos should be taken from enough of a distance to show where and how the foundation is oriented on your property. Drone photos are note necessary, but are acceptable, too. Plan to take 5-6 photos per foundation. For setback areas, photos to the river/road/property line are helpful if it is possible and safe for you to obtain them.
Lane County recommends taking photos under Option 2 as a back-up in the event your structure is not adequately documented in the LIDAR data available.
* Excerpted from DEBRIS OPERATIONAL GUIDANCE: DAMAGED CONCRETE AT WILDLAND URBAN INTERFACE FIRES Version 5.0, February 10, 2019 By Todd Thalhamer, P.E., CA Subject Matter Expert in Residential Structural Debris
Are there requirements for replacing or adding a fence on my property?
Yes. Your fence cannot be placed in the road right-of-way and there may be setback requirements for visual clearance. Learn more about fence requirements by downloading this handout.
What are the general steps I need to take to replace my house?
Determine permit requirements
Call 541-682-3577 to reach a planner. Your call will be returned within 24 hours.
Submit a planning application
Your application will be assigned to a planner who will identify the information needed for a complete application and will process your application.
Complete conditions of approval
If you receive a conditional planning permit you must complete any conditions of approval that were identified. Conditions of approval may require a Type I application such as Verification of Conditions or Floodplain Development Permit.
Submit building and sanitation applications
Submit scaled site plan and permit application materials. Planning & Building staff will contact you if any additional information is needed. Your permit will be assigned to a plans examiner for review.
Development
Once you receive land use, sanitation and building permit approval, you can pick up your building permit to post onsite and you are ready to proceed with building your structure.
Inspections
Contact 1-888-299-2821 or visit aca.oregon.accela.com/lane_co/ to schedule inspections. Final inspections are needed prior to occupancy.
Move in!
What is required if my development is located near a river or creek?
Many areas along the McKenzie River and other water bodies throughout Lane County are within the Riparian Setback Area. The placement of any structure within this area as well as vegetation removal is regulated by Lane Code 16.253.
The riparian setback is 100 feet from the ordinary high water mark (OHWM) in the Farm and Forest zones, and is 50 feet from OHWM in the Rural Residential and all other zones. If your structure that was recently damaged or destroyed by the wildfire existed within the Riparian Setback area of any Class 1 stream you have multiple options to rebuild.
Replacement of a destroyed structure within the exact same footprint area may be allowed if:
A Riparian Declaration was previously performed by the Land Management Division for the damaged or destroyed structure (previous Riparian Declarations performed by the Land Management Division will serve to authorize replacement of damaged or destroyed structures or homes in the same footprint as indicated on the Declaration).
The property owner hires an Oregon Registered Professional Land Surveyor to survey the property to determine the OHWM and the footprint of the damaged or destroyed structures in or near the Riparian Setback Area.
The property owner submits a scaled site plan (does not need to be prepared by a professional) and an application for a Zoning Determination. Staff will review GIS and LiDAR data along with other permit data to confirm the location and footprint of the dwelling. If staff are unable to determine the location of the dwelling based on unavailable or unclear GIS or LiDAR information, a Type I Riparian Declaration application will be required.
The property owner submits a Type I Riparian Declaration application ($624.00). Staff will conduct a site visit to locate the OHWM and stake the 50’ or 100’ riparian setback area (this option may cause a delay for replacement due to limitations on staff hours).
If you choose to replace the dwelling or structure with a new location or expanded footprint within the setback area, you will need to submit a Type II Riparian Modification application ($2756.00). In this case the proposed development will have to meet all of the riparian regulations of Lane Code 16.253. This includes the linear and square foot vegetation removal limitations of 16.253(2).
Link to Riparian Setback Area Regulations handout
Can I remove a hazardous tree or vegetation?
Generally, yes.
However, if it is in the Riparian Setback Area, vegetation removal is subject to strict limitations per Lane Code 16.253. See “Riparian Regulations” Handout. Lane Code 16.253(2)(d) allows removal of dead or diseased vegetation that poses a safety or health hazard, except that root wads (or stumps) that may help to provide bank stability and prevent erosion risk must be maintained. We understand there may be tree damage caused by the fire. If you wish to remove hazardous trees or vegetation, please take photos and contact LMD Planning (when feasible, prior to removal).
Tree removal inside and outside the Riparian Setback Area may also be regulated by and require notice to Oregon Department of Forestry.
Link to Riparian Setback Area Regulations handout
Can I rebuild in the floodplain or floodway?
Generally speaking, all development including new or replacement structures, substantial improvements, or removal or fill in the special flood hazard area requires a permit. If a structure remains and will be restored or improved, a Floodplain Verification will be required to determine if work is classified as a “Substantial Improvement.” If a structure has been substantially damaged in the floodplain or floodway, a Floodplain Development Permit will be required. A Planner-on-Duty can provide more information about what floodplain permits may be required.
Can I relocate my driveway or property access?
Please contact us at 541-682-3577 for help navigating driveway siting standards and permit requirements. If you plan to relocate your approach/access to a County road, contact the Right of Way Permitting Desk for requirements (541-682-6902).
Is a legal lot verification required for replacement?
Possibly. Certain replacement dwellings will require a legal lot verification application per State Law and Case Law. In the Rural Residential Zone, if a lawful dwelling will be replaced and an application for Building Permit is submitted by September 30, 2025 a Legal Lot Verification will not be required. There may be circumstances in which a Legal Lot Verification will still be required after the fire, but for most people, rebuilding before 2025 in the Rural Residential Zone will not require a Legal Lot Verification.
If your property was created as part of a platted subdivision or approved partition and is in the same configuration, most likely a legal lot verification will not be required.
Link to our Lawfully Established Unit of Land handout (formerly: Legal Lot Verification)
Can I temporarily live on my property while I rebuild?
A six-month permit will be required for recreational vehicles or other temporary shelters, with opportunity for extensions. Certain application, planning, and siting requirements apply. View our temporary permits page for information.
How do I clean up my property?
Please see the Property Cleanup section of this website.
How do I know if my home needs structural repair?
You will need to hire an Oregon licensed engineer or architect to determine the extent of damage and propose repairs. Structural repairs require a building permit.