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Portland and the federal government

Learn about our sanctuary city status, efforts to block federal overreach: Portland.gov/Federal

City of Portland Implementation of State Laws

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Learn more about State land use laws that the City of Portland implements. The City applies these laws directly because they have not been incorporated into the City’s Zoning Code Title 33.

ORS 197.748 - House Bill 3261 (2021)

ORS 197.748 (adopted by the Oregon Legislature in 2021 (HB 3261)) requires the City to approve an application for conversion of a hotel or motel to use as an emergency shelter or affordable housing regardless of state or local land use laws as long as the application complies with the state law. Refer to ORS 197.748 for current regulations. This was accomplished through updates to zoning regulations to allow conversions in the General Employment 1 (EG1) and General Employment 2 (EG2) zones.

ORS 197A.445 – Senate Bill 8 (2021)

ORS 197A.445 (incorporating SB 8 (2021) and subsequent amendments) requires the City to allow affordable housing and conversion of a building from commercial to residential use in certain situations and provides density and height bonuses for affordable housing projects. Refer to ORS 197A.445 for current regulations.

For the purposes of calculating the bonus density and height provided by this law, the City determines the maximum FAR allowed for the zone in the Portland Zoning code and converts that to density by assuming 1 unit per 1,000 square feet. 

ORS 197.783 – House Bill 2006 (2021)

ORS 197.783 (referred to as HB 2006 (2021) and amended by HB 3395 (2023)) requires the City to approve an application for an emergency shelter regardless of state or local land use laws as long as the application complies with the state law. Please refer to the City of Portland Emergency Shelter Approval Process webpage for more information on the City process and ORS 197.783 for the current regulations.

ORS 197A.470 – House Bill 2008 (2021)

ORS 197A.470 (as amended by the Oregon legislature in HB 2008 (2021)) requires the City to make faster decisions on affordable housing projects with more than 5 units. The law also requires the City to approve affordable housing on certain property not zoned for housing that is owned by a religious corporation. Please refer to ORS 197A.470 for the current regulations.

Senate Bill 1537 (2024)

Section 9 of a law adopted by the Oregon legislature in 2024 (SB 1537) allows an applicant for a land use review for development of housing to request review under different standards and criteria than what was applicable at the time the application was first submitted. This regulation is effective June 6, 2024. 

The applicant may make a request by submitting the Senate Bill 1537 Section 9 Request Form, prior to issuance of a public notice, to the planner assigned to the review.

Section 38 requires the City to approve adjustments to specific development and design standards applied to housing development if an application qualifies. Please visit the Adjustment Reviews webpage for more information.

House Bill 4063 (2024)

Section 10 of a law adopted by the Oregon legislature in 2024 (HB 4063) allows the City to approve a partition and middle housing land division for property in the same calendar year.

House Bill 2005 (2025)

Sections 59 and 60 of a law adopted by the Oregon legislature in 2025 (HB 2005) require the City to allow a residential treatment facility, residential treatment home, or crisis stabilization center, and may not require a plan amendment, zone change, or conditional use review in certain circumstances.

The applicant may make a request by submitting the Senate Bill 2005 Certification Form.

House Bill 2138 (2025)

Portions of a law adopted by the Oregon legislature in 2025 (SB 2138) related to middle housing land divisions went into effect immediately upon the Governor’s signature. The following changes are in effect:

  • Timing of land use review application submittal. The City is required to allow the submission of an application for a tentative plan for a middle housing land division before, after, or at the same time as the submission of an application for building permits for middle housing.
  • Notifications. There will no longer be a public notice sent for middle housing land division reviews once they are deemed complete. A notice of decision is only sent to the applicant.
  • Extension of the 63-day decision deadline. Extensions may be required by applicants up to 245 days.
  • Middle housing land division appeal. An appeal of a middle housing land division decision is only appealable to LUBA by the applicant.
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