1. (1) In adopting rules under ORS chapter 197A and statewide planning goals relating to housing or urbanization, or administering the rules or statutes, the Land Conservation and Development Commission and Department of Land Conservation and Development shall be guided by the following principles:

   1. (a) Housing that is safe, accessible and affordable in the community of their choice should be available to every Oregonian.
   2. (b) Building enough equitable housing must be a top priority.
   3. (c) The development and implementation of the housing production strategy should be the focal point by which the department collaborates with local governments to address and eliminate local barriers to housing production.
   4. (d) Expertise, technical assistance, model ordinances and other tools and resources to address housing production should be provided to local governments, using cooperative planning tools embodied in ORS 197A.103 and 197A.130, but not to the exclusion of the expedient use of enforcement authority, including compliance orders under ORS 197.319 to 197.335.
   5. (e) Housing production should support fair and equitable housing outcomes, environmental justice, climate resilience and access to opportunity.
   6. (f) Housing production should not be undermined by litigation, regulatory uncertainty or repetitive or unnecessary procedures.
   7. (g) Local governments, to the greatest extent possible, should take actions within their control to facilitate the production of housing to meet housing production targets under ORS 184.455.
2. (2) Each public body, as defined in ORS 174.109, shall use its authority to remove barriers to, and to create pathways for, the development of needed housing and shall collaborate with the department and local governments to identify and implement strategies to support housing production where there is insufficient housing production and choice.

3. (3) In adopting rules implementing ORS chapter 197A and statewide land use goals relating to housing and urbanization, the commission may approve a range of methodologies, policy options or assumptions that a local government may adopt in determining:

   1. (a) Needed housing;
   2. (b) Housing production strategies or housing coordination strategies;
   3. (c) Buildable lands or housing capacity;
   4. (d) Amendments to urban growth boundaries, including under ORS 197A.215, 197A.270 (5)(a), 197A.285, 197A.300 to 197A.325, 197A.350 (6)(a) and 197A.362; or
   5. (e) Adoption or amendments to urban reserves or rural reserves under ORS 197A.230 to 197A.250.

Note: Section 22, chapter 476, Oregon Laws 2025, provides:

Sec. 22. (1) On or before January 1, 2028, the Land Conservation and Development Commission shall adopt rules that must include:

(a) Prohibiting or restricting siting and design standards that prevent or discourage, or have the effect of preventing or discouraging, the siting of middle housing that is manufactured, site-built or prefabricated;

(b) Establishing parameters on unreasonable cost or delay for siting and design standards for accessory dwelling units and single room occupancies under standards allowed under ORS 197A.425 and 197A.430;

(c) Regulating cottage clusters for the purposes of incentivizing the provision of smaller, less expensive housing, shared community amenities and other public benefits and including regulations that implement the term “small footprint or floor area” as used within the definition of cottage clusters in ORS 197A.420;

(d) Amending siting and design parameters for middle housing types;

(e) Amending permissible discretionary criteria applied by local government in evaluating housing under ORS 197A.400 (3);

(f) Developing model system development charges for residential development types for optional adoption or incorporation by local governments; and

(g) Establishing procedures to estimate the reasonable zoned housing capacity of an area as part of an inventory of buildable lands or housing capacity under ORS 197A.270, 197A.280 and 197A.350.

(2) In adopting rules under this section, the commission shall:

(a) Emphasize improving the efficiency of the development process with a focus on increasing housing production, availability and affordability, especially that of middle housing, accessory dwelling units and single room occupancies.

(b) To the extent practicable, implement recommendations in the reports produced under section 5 (1) to (3), chapter 110, Oregon Laws 2024.

(c) Implement the principles in ORS 197A.025.

(d) Adopt operative and applicable dates for the rules, subject to section 3, chapter 639, Oregon Laws 2019.

(e) Provide a report on or before July 1, 2028, to the interim committees of the Legislative Assembly relating to land use, in the manner provided in ORS 192.245, on the feasibility and advisability of providing safe harbor protections for cities that use the commission’s model system development charges under subsection (1)(f) of this section or otherwise incentivizing the use of the models. [2025 c.476 §22]

[2023 c.13 §8; 2024 c.102 §38]