Two pieces of state legislation affecting rebuilding expire this fall.
House Bill 2289 (HB 2289) and Senate Bill 405 (SB 405) will expire in September of 2025. Please be aware that most regulations related to rebuilding are set by the State and Lane County will not have the ability to extend these deadlines.
Background on the Bills
HB 2289 was passed in 2021 to streamline the permitting process for replacement homes, outbuildings, and businesses when the former structure was located in the floodplain, riparian zone, or had substandard setbacks. Under today’s codes, additional permitting would be needed to build in the floodplain, near a river, or near property lines or roads. HB 2289 can eliminate those additional permits if the structure was lawfully placed before the fire and if the replacement location and size are comparable to the former structure.
SB 405, also passed in 2021, extends the timeline to replace former structures. Under Lane County’s code, structures that are destroyed must be replaced within one year, or additional permitting may be required. SB 405 allows up to five years for replacement or restoration of uses that were damaged or destroyed by the 2020 wildfires.
| Name of Bill | Purpose | When is it useful? | Consequences when it expires? |
|---|---|---|---|
| House Bill 2289 | Eliminates need for additional floodplain or riparian permits | On building sites in the floodplain, near a river or stream, or close to property lines or roads | Property owners may need additional permits when replacing homes in the floodplain or near a stream |
| Senate Bill 405 | Extends timeline to replace dwelling from one year to five years | On any property not in a subdivision | Property owners may need a Legal Lot Verification before a replacement home can be permitted |
End Dates
Both bills contain end dates. If you are planning to use HB 2289 when you rebuild your home, you must submit your building permit application before September 30, 2025. If you submit for a building permit after that date, you may need to have additional permits for floodplain or riparian issues, which can increase the time and the cost for the project.
HB 2289 also states that the rebuilding project must start by December 30, 2030. In order for Lane County to document that the project has started, we would need to have completed at least one inspection by December 30, 2030.
SB 405 states that you must submit your home rebuilding building permit application by September 30, 2025. If you submit for permits after that date, you may need a legal lot verification or a verification of replacement rights before you will be able to receive building permits.
Next Steps
If you are able to apply for your building permit(s) before September 30, 2025, you may be able to take advantage of HB 2289 and SB 405. Submitting an application does not mean the permit(s) need to be issued or that you have begun construction before September 30, 2025.
If you are unable to submit for permits before the deadline, you may be required to have additional permits for floodplain, riparian modification, and legal lot verification when you do make your rebuilding application.
Building Permit Application Requirements
If you are able to apply for building permits before the deadlines, your application must include the following items to be considered complete:
Building Plans:
Site plan on 11 x 17 paper. Must be to-scale and show all existing and proposed improvements
Two sets of complete building plans
Two sets of load calculations for the building
Two sets of truss packets, if you’ll be using pre-engineered roof trusses
One energy efficiency form
Geotechnical Report
If your property is at risk for landslides or soil liquefaction, you must submit a geotechnical report done by an engineer. We can tell you whether this applies to your property.
Septic System Documents:
Onsite wastewater permit application
Copy of a third-party septic inspection. We are asking Holiday Farm Fire customers to have a septic company inspect the system and provide a report about any repairs that need to be made. That report will help us know what permits to issue.
General Forms:
Building permit application
Construction Excise Tax form (This is for a tax that we collect on behalf of the McKenzie School District. Fees have been waived, but we use the form to track square footage,)
Contractor responsibility form
We understand there are many factors that go into the decision and ability to rebuild. Please do not hesitate to reach out to Land Management staff with your questions.
Marianne Nolte, Coordinated Services Supervisor (she/her)
Lane County Public Works, Land Management Division
Location: Customer Service Center (Lobby Hours: M-F, 9 am to 3 pm)
3050 N. Delta Hwy, Eugene, OR 97408
P: 541-682-4057