Amend Water Code to comply with requirements per State statutes, correct a previous inadvertent omission, and clarify language (amend Code Sections 21.04.010, 21.08.020, 21.12.010, and 21.12.320)


The City of Portland ordains:

Section 1.  The Council finds:

  1. The Portland City Code Title 21 is a set of codes that guide our work at the Portland Water Bureau. These codes inform the rules and laws that direct our operations and define the roles and responsibilities of staff who deliver water to nearly a million people in the Portland area.
  2. The Oregon Legislature passed SB 458 in 2021, requiring cities and counties to approve plans for middle housing development. Amendments to Title 21.12.010 are included here to allow the Portland Water Bureau to deliver water to land locked middle housing parcels across private easements. SB 458 goes into effect on July 1, 2022.
  3. Portland Water Bureau representatives worked with the City Attorney’s Office and created language that complies with the new state law middle-housing requirement.
  4. In December 2020, the Portland Water Bureau revised outdated provisions and archaic language of Title 21 and added provisions consistent with Charter changes resulting from ballot measures approved by voters in November 2019.
    1. The annual review of Title 21 found previous language regarding cost sharing were inadvertently omitted. The omitted language is now reinserted in Section 21.08.020.
    2. The annual review of Title 21 further found that language regarding the requirements for backflow prevention assemblies require further clarification. The clarifying language is now reinserted in Sections 21.04.010 and 21.12.320.

NOW, THEREFORE, the Council directs:

  1. Amend Code Sections 21.04.010, 21.08.020, 21.12.010, and 21.12.320 as set forth in Exhibits A through D.

An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed by Council

Auditor of the City of Portland
Mary Hull Caballero

Impact Statement

Agenda Items

365 Regular Agenda in May 4, 2022 Council Agenda

Passed to second reading

Passed to second reading May 11, 2022 at 9:30 a.m.

385 Regular Agenda in May 11-12, 2022 Council Agenda


  • Commissioner Dan Ryan Yea
  • Former Commissioner Jo Ann Hardesty Yea
  • Commissioner Mingus Mapps Yea
  • Commissioner Carmen Rubio Yea
  • Mayor Ted Wheeler Yea


Requested Agenda Type


Date and Time Information

Requested Council Date
Changes City Code