State Land Use Compliance Project heads to Planning Commission

In this article

The project updates the Portland zoning code to align with several state bills passed in Oregon's 2025 and 2026 legislative sessions. These changes are necessary to ensure compliance and public understanding of how state rule changes will work together with Portland's zoning code. The Proposed Draft is the staff proposal to the Planning Commission.

The Planning Commission will consider the State Land Use Compliance Project Proposed Draft at a public hearing on Tuesday, June 23 at 5 p.m. Prior to the hearing, Bureau of Planning and Sustainability staff will brief commissioners on the proposals. Community members are invited to review the Proposed Draft and give testimony to the Planning Commission.

Review the State Land Use Compliance Project Proposed Draft

What's in this compliance project?

This project updates Portland's Zoning Code in response to several state legislative bills that were passed in 2025 and 2026 by the Oregon State legislature. The bills directly affect zoning code regulations related to middle housing, land use review procedures, and allowed uses. Some of these bills are already in effect, while others will become effective in the future. The bills are:

• House Bill 2138 - Middle Housing and Land Division Procedures, various effective dates between July 17, 2025, and January 1, 2028
• Senate Bill 974 - Limiting Hearings on Certain Land Use Applications, effective July 1, 2026
• House Bill 4037 - Limiting Notice for Clear and Objective Reviews, effective July 1, 2026
• House Bill 2005 - Residential Treatment Facilities, effective July 24, 2025
• Senate Bill 1561 - Replace dwellings damaged by natural causes, effective January 1, 2027

The project includes a total of 13 proposals that are divided into three broad categories.

Middle Housing Development Standards: The first category largely addresses HB2138 including updating the definitions of middle housing, adding required bonuses for middle housing, and changing some development standards that apply to middle housing land divisions (MHLD).

Land Use Review Procedures: The second category addresses procedural changes required by SB974, HB2138 and HB4037, such as the timing of MHLD application, consolidating land division reviews, and revising notification, public hearing and appeal requirements.

Allowed Uses: The third category responds to HB 2005 and SB 1561 and expands where residential treatment facilities are allowed and allows the replacement of nonconforming household living uses (dwelling units) that are damaged by natural causes. '

Have your say

Portlanders are invited to review these code amendments and provide their testimony to the Planning Commission on the project's Map App through Tuesday, June 23.

You can also register to provide oral testimony during the hearing.

Next steps

The Planning Commission will make a recommendation on the staff proposal to City Council. BPS staff will turn this into the Recommended Draft which City Council will consider at a hearing in late 2026. Portlanders will have additional opportunity to further shape the project in testimony to City Council.

Project steps and timeline

Week of June 1, 2026: Proposed Draft available for public review prior to a Planning Commission hearing

June 23, 2026: Planning Commission hearing

Fall 2026: City Council process begins

January 1, 2027: Anticipated implementation date