As provided in ORS 197A.100, a city must develop and adopt a housing production strategy. The housing production strategy is a comprehensive city-wide action plan encompassing all domains in a city’s control to promote housing production, affordability, and choice. A city must work interdepartmentally to the extent possible in developing and implementing the housing production strategy and the associated engagement work, including but not limited to collaboration across the planning, permitting, public works, and community development departments. At a minimum, the housing production strategy must include the contextualized housing need as directed by OAR 660-008-0075 and the development ready land inventory as provided in OAR 660-008-0185, along with the following components:
(1) Equitable Engagement – In addition to, or as part of, the equitable engagement undertaken for the contextualized housing need under OAR 660-008-0075(5), a housing production strategy must include equitable engagement specific to developing the housing production strategy and in particular the selection of the actions as provided in section (2) and the assessment of benefits and burdens as provided in paragraph (2)(b)(K).
- (a) A city must solicit feedback from producers of needed housing, and particularly those who represent or serve communities of color, low-income communities, individuals with disabilities, and tribal communities including tribal governments, to ensure these perspectives are meaningfully incorporated. A city may refer to the department’s Equitable Engagement Toolkit to employ best practices regarding equitable engagement.
- (b) A city must utilize any relevant engagement feedback from the contextualized housing need under OAR 660-008-0075(5).
(c) A city must provide an equitable engagement summary as part of the housing production strategy. The equitable engagement summary must include:
- (A) A list and description of the types of interested parties and communities who comprise producers of needed housing who represent or serve protected classes and named communities in needed housing as provided in ORS 197A.018, especially with regard to those to represent and serve communities of color, low-income communities, individuals with disabilities, and tribal communities.
(B) The list of tribal governments as provided in OAR 660-008-0075(5)(c)(B). A city satisfies the engagement requirement to center tribal communities in this rule when:
- (i) Notice has been made to all tribal governments as identified in paragraph (B) by inviting government-to-government consultation and staff coordination in the development of the city’s housing production strategy, and
- (ii) Follow up communication, consultation, and coordination as requested by the tribal governments regarding the housing production strategy is complete.
- (C) A summary of how the city engaged interested parties, communities, and tribal governments identified in paragraphs (A) and (B), including why they were engaged, engagement methods used, a list of each engagement effort or event being used to select the actions in the housing production strategy and assess the benefits and burdens analysis as provided in paragraph (2)(b)(K), and the interested parties, communities, or tribal governments identified in paragraphs (A) and (B) who the city believes may still be underrepresented in this process;
- (D) A summary of feedback received from each engagement effort or event, as well as a description of the major feedback themes attributed to the likely impacted interested parties, communities, and tribal governments identified in paragraphs (A) and (B). A city must determine whether each major feedback theme influenced the selection of actions in the housing production strategy in alignment with program principles or not. If a feedback theme influenced the selection of action or actions, it must be documented. If a theme did not influence the selection of action or actions, the city must provide a rationale explaining why.
- (E) An evaluation of how to improve equitable engagement practices for future housing engagement efforts conducted by the city, including but not limited to improvements in affirmatively furthering fair housing and tribal coordination and consultation.
(2) Actions to Meet Current and Future Housing Need – A housing production strategy must include a list of specific actions that ensure the opportunity for and promote the provision of needed housing to at least meet the housing production target, by affordability bracket, with net new units for the city’s six- or eight-year housing production strategy cycle. The totality of actions must include both land use efficiency measure actions and other actions, including but not limited to actions that are not identified as land use efficiency measures in Attachment B. The provision of needed housing includes its development, preservation, rehabilitation, adaptation, and maintenance while also affirmatively furthering fair housing by maximizing benefits and minimizing burdens for protected classes and named communities in needed housing as provided in ORS 197A.018, with particular focus on communities of color, low-income communities, individuals with disabilities, and tribal communities. The housing production strategy must demonstrate that the identified actions collectively support the city’s needed housing types, characteristics, and locations as identified through the contextualized housing need as provided in OAR 660-008-0075. A housing production strategy may identify actions including, but not limited to, those described in ORS 197A.100(3), actions listed in the Housing Production Strategy Guidance for Cities adopted by the commission and published by the department under Attachment B. The housing production strategy must include:
(a) A review of actions already implemented that includes:
- (A) The city’s most recently completed survey to meet the requirements of ORS 197A.115; and
(B) A reflection on each action in the survey in paragraph (A) and its efficacy in producing net new needed housing types, characteristics, and locations and in remedying or mitigating the fair housing issue or issues the action was intended to respond to. This reflection must include a review of:
- (i) The housing production dashboard,
- (ii) The housing equity indicators, and
- (iii) For cities subject to OAR 660-012-0315(1) or cities within Metro Region 2040 Centers as defined in OAR 660-012-0005(24), housing developed in compact, mixed-use areas as provided in OAR 660-012-0905 or included in an approved land use and transportation scenario plan as provided in OAR 660-044-0050 or OAR 660-044-0120.
(b) A report outlining each action in the housing production strategy. For each action, this report must include:
- (A) A title and description of the action chosen;
- (B) The identification number from the Housing Production Strategy Guidance for Cities. For any action not listed in the Housing Production Strategy Guidance for Cities under Attachment B, the city must provide an explanation as to how the action will address the identified housing needs and fair housing issues as effectively as or more effectively than relevant actions from the Housing Production Strategy Guidance for Cities under Attachment B;
- (C) Identification of whether the action is a land use efficiency measure intended to respond to a housing capacity deficiency as identified in the housing capacity analysis, if applicable;
- (D) Identification of whether the action is intended to respond to a development-ready land deficiency as identified in the development-ready land inventory, if applicable;
- (E) The year the action will be adopted, if applicable;
(F) The year the action will be implemented;
- (i) Cities must consider the sequencing of actions when establishing implementation timelines. Actions shall be scheduled to maximize benefits and minimize burdens, ensuring that their timing aligns with and complements other actions for the most beneficial overall impact.
- (ii) Sequencing decisions shall consider in particular the benefits and burdens of communities of color, low-income communities, individuals with disabilities, and tribal communities.
- (G) A time frame over which the action is expected to begin meeting housing need;
- (H) The action’s expected magnitude of impact on the development of needed housing over the six- or eight-year housing production target horizon;
- (I) A description of critical steps that all relevant staff and departments of the city and other interested parties and partners must take to implement the action;
- (J) A description of how the city will assess and track the results of the action;
(K) The housing need met in terms of:
- (i) Any fair housing issues the action is expected to mitigate or resolve;
- (ii) The needed housing types the city expects the action to address,
- (iii) The needed housing characteristics the city expects the action to address, including at a minimum tenure and affordability per the income brackets provided in ORS 184.453(4),
- (iv) The needed housing locations the city expects the action to address, and
- (v) The major feedback theme the action is responsive to;
(L) An analysis of the income and demographic populations that the city anticipates to receive benefit or burden from the action, including but not limited to:
- (i) Low-income communities,
- (ii) Communities of color;
- (iii) Individuals with disabilities; and
- (iv) Tribal communities;
- (M) The names of any complementary actions in the housing production strategy or other implementation details specifically intended to pair with this action in order to strengthen needed benefits or mitigate burdens.
(c) Alternate actions, if selected.
(A) Alternate actions must include descriptions of:
- (i) The title of the associated primary action as listed under subsection (b);
- (ii) The identification number from the Housing Production Strategy Guidance for Cities. For any action not listed in the Housing Production Strategy Guidance for Cities under Attachment B, the city must provide an explanation as to how the action will address the identified housing needs and fair housing issues as effectively as, or more effectively than, relevant actions from the Housing Production Strategy Guidance for Cities under Attachment B;
- (iii) The critical steps that all relevant staff and departments of the city and other interested parties and partners must take to implement the action;
- (iv) How the city will assess and track the results of the action; and
- (v) How the alternative action is commensurate with the associated primary action including being comparable or more effective than the primary action under paragraphs (b)(C) to (H) and (K) to (M).
- (B) A city may pursue an alternate action in lieu of the primary action if a determination is made as a result of exploratory work or other circumstances that the primary action is not feasible.
- (C) Compliance with the action adoption year of the primary action as provided in paragraph (b)(E) and implementation year as provided in paragraph b)(F) may be met by implementation of either the primary or the alternate action.
(d) Delinquent actions, which are any actions that were included in the most recently adopted or amended housing production strategy but were not completed during the previous housing production strategy cycle must be included in the current housing production strategy. Delinquent actions:
- (A) Must be included in the current Housing Production Strategy, and
- (B) Must establish an implementation year prior to the jurisdiction’s midpoint report due date.
- (C) If they are from the previous housing production strategy cycle, are ineligible for requests for timeline extensions and replacement actions in the midpoint report and review,
- (e) A development-ready land inventory, as provided in OAR 660-008-0180. Results of a city’s determination of a deficiency of development-ready land per OAR 660-008-0185 shall inform selection of actions required by this section, including an explanation as to how the cumulative impact of development-ready land actions taken together will result in sufficient development-ready land.
(3) As a safe harbor:
- (a) A city with a population of 10,000 to 24,999 may satisfy the requirement to take land use efficiency measures to meet middle housing need in the city’s Housing Production Strategy under section (2) by including an action adopting the model ordinances for medium cities for middle housing development types or comparable development standards as provided in OAR 660-008-0425 on all buildable residential land in zones subject to middle housing requirements under OAR 660-046-0105.
(b) A city with a population of 25,000 or greater may satisfy the requirement to take land use efficiency measures to meet middle housing need in the city’s Housing Production Strategy under section (2) by including an action adopting the model ordinances for large cities for middle housing development types or comparable land use regulations as provided in OAR 660-008-0425.
(A) To take this safe harbor a city must apply the model ordinances named in subsection (b) to:
- (i) At least 50 percent of buildable residential land in zones subject to middle housing requirements under OAR 660-046-0205, and
- (ii) 100 percent of development-ready land in zones subject to middle housing requirements under OAR 660-046-0205.
(B) In meeting the requirement in subparagraph (b)(A)(i), a city must use the following analyses to determine which lands to include or exclude and must clearly describe how the locational choices in applying this rule affirmatively further fair housing and do not exacerbate or create new fair housing issues:
- (i) The fair housing issue area analysis under OAR 660-008-0075(1)(c), and
- (ii) The locational need conclusions under OAR 660-008-0075(1)(f).
- (c) A city may satisfy the requirement to take land use efficiency measures to respond to multi-unit housing need in the city’s Housing Production Strategy under section (2) by including an action adopting the model ordinance appropriate for the city size for multi-unit housing development types, or development standards that are demonstrably comparable or no more restrictive than those ordinances as provided in OAR 660-008-0425.
(A) To take this safe harbor a city must apply the model ordinances named in subsection (c) to:
- (i) At least 50 percent of buildable residential land; and
- (ii) 100 percent of development-ready land.
(B) In meeting the requirement in subparagraph (A)(i), a city must use the following analyses to determine which lands to include or exclude and must clearly describe how the locational choices in applying this rule affirmatively further fair housing and do not exacerbate or create new fair housing issues:
- (i) The fair housing issue area analysis under OAR 660-008-0075(1)(c), and
- (ii) The locational need conclusions under OAR 660-008-0075(1)(f).
- (d) To plan for the following housing needs as identified under OAR 660-008-0075 with land use efficiency measures in the city’s Housing Production Strategy under section (2), a city may include an action adopting the model ordinance appropriate for the city size or comparable land use regulations as provided in OAR 660-008-0425 for:
- (A) Multi-unit and middle housing types to incentivize affordable housing;
- (B) All housing types to incentivize accessible housing; and
- (C) All housing types to incentivize adaptable housing.
(4) A city that applies a minimum density requirement must satisfy the requirement to take land use efficiency measures to respond to the need for a diversity of unit sizes by allowing developers with applications for housing available at 0-30 percent, 31-60 percent, or 61-80 percent area median income to calculate minimum density by bedroom count rather than by unit count.
[ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.]
Statutory/Other Authority
ORS 197.040
Statutes/Other Implemented
ORS 197.012 & ORS 197A.015 - 197A.470
History
LCDD 8-2025, amend filed 12/23/2025, effective 01/01/2026
LCDD 15-2024, adopt filed 12/20/2024, effective 01/01/2025