County Planning

ORS 215.291
Alteration, restoration or replacement of lawfully established dwelling

  • conditions
  • siting
  • deferral


(1)

A lawfully established dwelling may be altered, restored or replaced under ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (1)(q) or 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (1)(p) if the county determines that:

(a)

The dwelling to be altered, restored or replaced has, or formerly had:

(A)

Intact exterior walls and roof structure;

(B)

Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;

(C)

Interior wiring for interior lights; and

(D)

A heating system; and

(b)

(A) If the dwelling was removed, destroyed or demolished:

(i)

The dwelling’s tax lot does not have a lien for delinquent ad valorem taxes; and

(ii)

Any removal, destruction or demolition occurred on or after January 1, 1973;

(B)

If the dwelling is currently in such a state of disrepair that the dwelling is unsafe for occupancy or constitutes an attractive nuisance, the dwelling’s tax lot does not have a lien for delinquent ad valorem taxes; or

(C)

A dwelling not described in subparagraph (A) or (B) of this paragraph was assessed as a dwelling for purposes of ad valorem taxation:

(i)

For the previous five property tax years; or

(ii)

From the time when the dwelling was erected upon or affixed to the land and became subject to assessment as described in ORS 307.010 (Definitions of “land” and “real property” for state property tax laws).

(2)

For replacement of a lawfully established dwelling under this section:

(a)

The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use:

(A)

Within one year after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055 (Uniform permit, inspection and certificate of occupancy requirements); or

(B)

If the dwelling to be replaced is, in the discretion of the county, in such a state of disrepair that the structure is unsafe for occupancy or constitutes an attractive nuisance, on or before a date set by the county that is not less than 90 days after the replacement permit is issued.

(b)

The replacement dwelling:

(A)

May be sited on any part of the same lot or parcel.

(B)

Must comply with applicable siting standards. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.

(c)

As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed records of the county in which the property is located a deed restriction prohibiting the siting of another dwelling on that portion of the lot or parcel. The restriction imposed is irrevocable unless the county planning director, or the director’s designee, places a statement of release in the deed records of the county to the effect that the provisions of this section and either ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) or 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) regarding replacement dwellings have changed to allow the lawful siting of another dwelling.

(3)

Notwithstanding subsection (2)(b)(A) of this section, a replacement dwelling under this section must be sited on the same lot or parcel:

(a)

Using all or part of the footprint of the replaced dwelling or near a road, ditch, river, property line, forest boundary or another natural boundary of the lot or parcel; and

(b)

If possible, for the purpose of minimizing the adverse impacts on resource use of land in the area, within a concentration or cluster of structures or within 500 yards of another structure.

(4)

The county planning director, or the director’s designee, shall maintain a record of the lots and parcels that do not qualify for the siting of a new dwelling under subsection (2) of this section, including a copy of the deed restrictions filed under subsection (2)(c) of this section.

(5)

If an applicant is granted a deferred replacement permit under this section:

(a)

The deferred replacement permit:

(A)

Does not expire but, notwithstanding subsection (2)(a)(A) of this section, the permit becomes void unless the dwelling to be replaced is removed or demolished within three months after the deferred replacement permit is issued; and

(B)

May not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of the applicant.

(b)

The replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to siting at the time of construction. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling. [2013 c.462 §2; 2019 c.440 §1]
Note: The amendments to 215.291 (Alteration, restoration or replacement of lawfully established dwelling) by section 5, chapter 440, Oregon Laws 2019, become operative January 2, 2024. See section 4, chapter 440, Oregon Laws 2019. The text that is operative on and after January 2, 2024, is set forth for the user’s convenience.
215.291 (Alteration, restoration or replacement of lawfully established dwelling). (1) A lawfully established dwelling may be altered, restored or replaced under ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (1)(q) or 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (1)(p) if the county determines that the dwelling to be altered, restored or replaced has:

(a)

Intact exterior walls and roof structure;

(b)

Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;

(c)

Interior wiring for interior lights; and

(d)

A heating system.

(2)

For replacement of a lawfully established dwelling under this section:

(a)

The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use within three months after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055 (Uniform permit, inspection and certificate of occupancy requirements).

(b)

The replacement dwelling:

(A)

May be sited on any part of the same lot or parcel.

(B)

Must comply with applicable siting standards. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.

(c)

As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed records of the county in which the property is located a deed restriction prohibiting the siting of another dwelling on that portion of the lot or parcel. The restriction imposed is irrevocable unless the county planning director, or the director’s designee, places a statement of release in the deed records of the county to the effect that the provisions of this section and either ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) or 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) regarding replacement dwellings have changed to allow the lawful siting of another dwelling.

(3)

The county planning director, or the director’s designee, shall maintain a record of the lots and parcels that do not qualify for the siting of a new dwelling under subsection (2) of this section, including a copy of the deed restrictions filed under subsection (2)(c) of this section.

(4)

If an applicant is granted a deferred replacement permit under this section:

(a)

The deferred replacement permit:

(A)

Does not expire but the permit becomes void unless the dwelling to be replaced is removed or demolished within three months after the deferred replacement permit is issued; and

(B)

May not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of the applicant.

(b)

The replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to siting at the time of construction. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.
Note: 215.291 (Alteration, restoration or replacement of lawfully established dwelling) was added to and made a part of 215.203 (Zoning ordinances establishing exclusive farm use zones) to 215.311 (Log truck parking in exclusive farm use zones) by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.
§§ 215.203 to 215.311

Atty. Gen. Opinions

Effect of constitutional provision requiring payments based on government regulations restricting use of property, (2001) Vol 49, p 284

Chapter 215

Notes of Decisions

Published notice is adequate if property owners can reasonably ascertain that property in which they hold interest may be affected. Clackamas County v. Emmert, 14 Or App 493, 513 P2d 532 (1973), Sup Ct review denied

Statutory scheme establishing LCDC and granting it authority to establish state-wide land use planning goals does not unconstitutionally delegate legislative power where both standards (under this chapter) and safeguards ([former] ORS 197.310) exist. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978)

Where county had not yet adopted comprehensive plan but had zoned certain portions "primarily agricultural," county had not enacted adequate interim measures to protect its agricultural land until exclusive farm use zoning was completed. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980)

Atty. Gen. Opinions

Fasano v. Bd. of County Commrs., application to county governing bodies and planning commissions, (1974) Vol 36, p 960; binding effect on governmental agencies of the adoption of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894

Law Review Citations

36 EL 25 (2006)


Source

Last accessed
Jun. 26, 2021