1. (1) The commission adopts the following model ordinances as shown in Attachment C:

   1. (a) A model ordinance targeted for cities with a population of less than 2,500;
   2. (b) A model ordinance targeted for cities with a population of 2,500 or greater and less than 25,000; and
   3. (c) A model ordinance targeted for cities with a population of 25,000 or greater.

2. (2) A model ordinance under this rule:

   1. (a) Does not amend acknowledged local land use regulations;
   2. (b) Is presumed to be clear and objective as provided in ORS 197A.400;
   3. (c) May apply on lands zoned for residential use; and
   4. (d) May not apply on lands that are not zoned for residential use, except where otherwise required by a housing law.

3. (3) The adoption or application of a model ordinance does not:

   1. (a) Require a local government to amend or repeal locally-applicable land use regulations;
   2. (b) Prohibit a local government from amending locally-applicable land use regulations;
   3. (c) Affect the applicability of protective measures adopted or applied pursuant to a statewide planning goal;
   4. (d) Trigger a requirement that a local government consider or update an analysis under a statewide planning goal relating to economic development, transportation, or public facilities; and
   5. (e) Trigger a requirement to adopt or update a housing capacity analysis or housing production strategy as provided in OAR 660-008-0045.

4. (4) Where one or more modules cite the following provisions, those provisions are applicable:

   1. (a) Provisions contained within a separate module, including but not limited to measurements and definitions; and
   2. (b) Locally-applicable land use regulations.

5. (5) Where a model ordinance, module, or modules are amended by subsequent rulemaking, those amended provisions are applicable as provided in ORS 227.178(3) or ORS 215.427(3).

   [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.]

Statutory/Other Authority

ORS 197.040

Statutes/Other Implemented

Oregon Laws 2024, chapter 111 & ORS 197.335

History

LCDD 8-2025, adopt filed 12/23/2025, effective 01/01/2026