One of the application requirements for all land use reviews, including land divisions, is a written statement or narrative that describes the project and explains how the proposal complies with the applicable standards and criteria.
Standards vs. criteria
Single-dwelling residential zones
As of October 2024, a standards track is available for land divisions in single-dwelling residential zones. This means there will always be an option to meet a clear and objective standard, rather than discretionary approval criteria.
Other base zones (Multi-dwelling, Commercial, Mixed Use, etc)
For other base zones (Multi-dwelling, Commercial, Mixed Use, etc), there may be a standard available for some situations, but not all. Therefore, it is very important to read “Where these regulations apply” at the beginning of each chapter. If standards cannot be met, or you, the applicant, choose not to meet them, in many cases discretionary approval criteria will apply instead.
However, not all standards have a corresponding approval criterion. In those cases, another land use review, such as an Adjustment or Planned Development, may be required if the standard is not met. If adjustments or modifications to the standard are prohibited, the land division cannot be approved unless the standard is met.
What applies to your proposal
The requirements for approval of a land division are listed in 33.660.120 (Open Space, Residential, and IR Zones) and 33.662.120 (other zones). You can find the other 600 series chapters based on the zoning of the site and other factors such as hazard designations. Your narrative should address each section that applies in detail. If a section doesn’t apply, provide a brief explanation of why.
The table below is provided to help applicants determine which land division chapters apply to their specific proposal.
It is important to also refer to the submittal requirements (33.730.060.D) for a complete list of all required plans and supporting materials. Also, see the Land Division Application Requirements checklist.
Land division requirements for approval
Code Section | Topic | When Applies | Applies to this proposal? (Y/N) |
---|---|---|---|
33.605-615 | Lots | All land divisions Address the relevant standards or criteria in Chapters 33.605 – 33.615 based on the zoning of the site. | Y |
33.630 | Trees | Applies if the site contains at least one non-exempt tree 6 inches or more in diameter (not located in an Environmental, River Environmental or Pleasant Valley Natural Resources overlay zone – c, p, e, or v zones). A tree report by an arborist and a tree preservation plan is required. If all trees are exempt this must be documented with an arborist report. The chapter does not apply in certain unusual situations listed in 33.630.020. Note: the overlay zones listed above have separate standards that must be met for land divisions. | |
33.631 | Combined Flood Hazard Area | Applies when any portion of the site is in the Combined Flood Hazard Area. Visit PortlandMaps to find out if your site is within a combined flood hazard area. | |
33.632 | Potential Landslide Hazard Area | Applies when any portion of the site is located within a city-designated Potential Landslide Hazard Area. Visit PortlandMaps to find out if your site is within a potential landslide hazard area. When this section applies, a Landslide Hazard Study is required. | |
33.633 | Phased Plans and Staged Final Plat | The standards of 33.633.120 apply to a proposal for a phased preliminary plan approval (allowed in single-dwelling residential zones for proposals with 40 or more lots). The standards of 33.633.220 apply to proposals with a staged final plat in any zone. | |
33.634 | Required Recreation Area | Applies to land divisions in residential zones when the proposed density is 40 or more lots | |
33.635.100 & .200 | Clearing and Grading | All land divisions A preliminary clearing and grading plan must be provided that shows, at minimum, clearing and grading for streets, services and utilities, and any related structures such as retaining walls. Proposed clearing and grading for individual lots may be shown. The amount of soil to be deposited or removed from the site must be provided. | Y |
33.635.150 and .250 | Land Suitability | All land divisions If the site contained certain prior uses, a Phase I Environmental Site Assessment or documentation from DEQ about clean up actions must be provided. Potential hazards such as un-engineered fill and abandoned underground facilities (septic, tanks, drywells) must also be addressed. | Y |
33.636 | Tracts and Easements | Applies to land divisions where tracts or private easements are proposed or required. Examples are tracts for private streets, tree preservation, or environmental resource protection, and easements for services or shared vehicle access. Maintenance agreements must be submitted for review with the final plat. | |
33.640 | Streams, Springs, Seeps and Wetlands | Applies to sites where there is a stream, spring, seep or wetland that is outside of an Environmental, River Environmental or Pleasant Valley Natural Resource overlay zone (c, p, e or v zones). If these features are present outside of the overlay zones noted, they must be delineated by a qualified professional. Note: the overlay zones listed above have separate standards that must be met for land divisions. | |
33.641 | Transportation Impacts | All land divisions A Transportation Impact Study (TIS) is required for proposals with 11 or more lots in single-dwelling zones, or when non-local streets may be impacted by the proposal. Requirements for a TIS in other zones will be made by Transportation staff on a case-by-case basis. | Y |
33.651-33.653 | Water, Sanitary Sewer, and Stormwater Management | All land divisions A utility plan and supporting documentation, such as a stormwater report, must be provided showing how services will be provided. | Y |
33.654.110 | Rights-of-Way: Connectivity and Location of Rights-of Way | All land divisions This section determines whether a through street or pedestrian connection may be needed, and provides direction on the location of dead-end streets and alleys. | Y |
33.654.120.B | Design of Rights-of-Way: Public street standards | All land divisions Addresses standards for existing and proposed public streets. | Y |
33.654.120.C | Design of Rights-of-Way: Private streets | If a private street is proposed, the standards or criteria of this section must be met. The private street must also comply with the Administrative Rule for Private Rights-of-Way. | |
33.654.130 | Additional standards for Rights-of-Way | All land divisions Addresses street trees in public streets (existing and proposed), street trees in proposed private streets, and the location of utilities, such as power, gas and cable. | Y |
33.654.150 | Ownership, Maintenance and Public Use of Right-of-Way | Applies primarily to land divisions with new public or private streets. In addition, if right-of-way elements are proposed in an easement, this section should be addressed. |