Middle Housing Land Divisions

Separate facilities are required for each lot

Include:

• Separate water service lines from the water meter to each lot.
• Separate sewer laterals unless otherwise allowed by the Bureau of Environmental Services. Get the MHLD sewer service requirements.
• Separate storm facilities for each lot, unless allowed under the BOD 17-01: Shared Stormwater Facilities.

The preliminary plan for the MHLD must include easements or tracts necessary to locate, access, maintain, and replace services to each dwelling unit. Easements for other utilities, such as gas, power, and cable, should also be shown to ensure adequate space is available.

Get the Approval Standards in Portland City Code Section 33.671.130.

MHLD Sample utility and service plan:

MHLD Service Requirements

The MHLD layout must provide sufficient street frontage to accommodate the spacing requirements for services to each lot, either directly or through an easement. It may be difficult to meet spacing requirements on sites with narrow street frontages or narrow easements. Spacing requirements in the public right-of-way and on the site may vary, and both must be factored into the lot layout for the MHLD.

Spacing in public right-of-way. General separation requirements in the right-of-way are described in the table below, but site-specific circumstances may require greater distances.

On-site plumbing. On constrained sites, it is essential to plan and map out all underground services and utilities to ensure adequate space is allocated for water, sewer, stormwater, and other utilities. It is recommended that applicants contact gas, power, and cable providers early and include those utilities on their building permit and land division plans.

Generally, private service lines may be closer together on private property than in the public right-of-way. The spacing of services and utilities on private property can vary significantly depending on the materials used. For example, up to 12 inches of both horizontal and vertical separation may be required between types of service or utility lines, while other materials may require no separation. To provide maximum flexibility in your layout, it is recommended that only plumbing materials approved for use inside a building be used on constrained sites. This choice of materials will allow for no separation. See the Oregon Plumbing Specialty Code (OPSC) for specific guidance.

Sanitary Laterals. Allowed sewer lateral configurations for MHLDs are described on the MHLD sewer webpage.

Stormwater Management. Stormwater management facilities must meet the requirements of the Stormwater Management Manual (SWMM) and the Oregon Plumbing Specialty Code. Most infiltration facilities must be set back a minimum of 10 feet from buildings and 5 feet from property lines abutting other sites. No setbacks are required for property lines abutting a right-of-way, though the facility must be located entirely on private property. Refer to Section 2.2.4 of the SWMM for facility-specific setbacks. Stormwater facilities may be shared by more than one lot if they are located in an easement and meet the requirements of BOD 17-01: Shared Stormwater Facilities.

Private easements. If water or sewer service lines cross another lot (e.g., for landlocked lots) or for any shared facilities, a private easement is required. Proposed easements must be shown on building permit plans and the preliminary plan for the MHLD. The recording of the final plat survey for the MHLD will create the private easements. A maintenance agreement, explaining how the easement area and facilities within the easement will be maintained, must be submitted for review by Portland Permitting & Development (PP&D) with the final plat application and recorded with the final plat. Contact the planner assigned to the preliminary land division review to obtain City-approved legal document templates to submit with your application.

General requirements for private easements:

• Easements for sewer and water lines must be 10 feet wide unless the requirements of the PP&D Code Guide on Private Plumbing Easements for a reduced width are met.  
• There is no limit on the number of individual service lines within the easement, provided separation requirements are met.
• Easements for shared drywells must be at least 10 feet by 10 feet and provide access for all of the lots served by the drywell.
• Requests for reduced easement widths not in compliance with the Code Guide must be approved through a plumbing code appeal.
• No structures or trees may be located within easements for sewer, water, or drywells. Other landscaping and hardscape improvements, such as driveways, walkways, and patios, are allowed.  Per the Code Guide, projections up to 3 feet are allowed for structures that are at least 15 feet above grade.

Services may also be located in a tract separate from the lots. This could be a private street tract or a common access and utility tract. Such tracts are generally commonly owned and maintained by all of the lots served by the tract, which is described in a maintenance agreement and recorded with the MHLD final plat. Tract size will vary depending on the proposed improvements located within the tract.

Other Utility Easements. Other utility providers, such as gas, power, and cable, may require easements to access lots that don’t have direct frontage on a street. It is recommended that applicants contact their service providers early and include any necessary easements on their building permit and land division plans. 

Easements for access, maintenance, and shared spaces

In addition to easements for City services and utilities, your project may need the following private easements:

Access easements

You may need access easements if a lot does not have street frontage or if parts of the site are otherwise landlocked.

• Easements must provide pedestrian access to a street
• Vehicle access may also be allowed if the driveway and parking requirements are met
• Easements must allow access for residents, emergency responders, deliveries, and visitors
• Access may also be provided through a private street or an access tract

Maintenance easements for attached units

For attached housing, a private easement is required to allow access for maintaining shared building elements, such as:

• Firewalls
• Foundations
• Eaves
• Rain drains

Easements for shared common areas

Private easements may be required for shared spaces, including:

• Outdoor common areas
• Trash and recycling areas
• Parking areas

Shared common areas may also be placed in a tract instead of an easement.

How easements and tracts are reviewed and recorded

• All proposed easements and tracts must be shown on both the building permit plans and the MHLD preliminary plan.
• Private easements and tracts are created when the final plat is approved and recorded.
• A maintenance agreement is required with the final plat application. This agreement must explain how easement or tract areas, and any facilities within them, will be maintained.
• The maintenance agreement must be reviewed by Portland Permitting & Development and recorded with the final plat.
• Contact the planner assigned to your preliminary land division review to request City-approved legal document templates for each final plat application.