Title 215 · ORS Chapter 215

to 527.770 have been met.

Citation: ORS 527.610

Section: 527.610

527.610 to 527.770 have been met.

�� (b) The dwelling meets the following requirements:

�� (A) The dwelling has a fire retardant roof.

�� (B) The dwelling will not be sited on a slope of greater than 40 percent.

�� (C) Evidence is provided that the domestic water supply is from a source authorized by the Water Resources Department and not from a Class II stream as designated by the State Board of Forestry.

�� (D) The dwelling is located upon a parcel within a fire protection district or is provided with residential fire protection by contract.

�� (E) If the dwelling is not within a fire protection district, the applicant provides evidence that the applicant has asked to be included in the nearest such district.

�� (F) If the dwelling has a chimney or chimneys, each chimney has a spark arrester.

�� (G) The owner provides and maintains primary fuel-free break and secondary break areas on land surrounding the dwelling that is owned or controlled by the owner.

�� (2)(a) If a governing body determines that meeting the requirement of subsection (1)(b)(D) of this section would be impracticable, the governing body may provide an alternative means for protecting the dwelling from fire hazards. The means selected may include a fire sprinkling system, on-site equipment and water storage or other methods that are reasonable, given the site conditions.

�� (b) If a water supply is required under this subsection, it shall be a swimming pool, pond, lake or similar body of water that at all times contains at least 4,000 gallons or a stream that has a minimum flow of at least one cubic foot per second. Road access shall be provided to within 15 feet of the water�s edge for fire-fighting pumping units, and the road access shall accommodate a turnaround for fire-fighting equipment. [1993 c.792 �5; 1995 c.812 �6; 1997 c.293 �1; 2003 c.621 �103; 2025 c.38 �40]

(Other Forestland Dwellings)

�� 215.740 Large tract forestland dwelling; criteria; rules. (1) If a dwelling is not allowed under ORS 215.720 (1), a dwelling may be allowed on land zoned for forest use under a goal protecting forestland if it complies with other provisions of law and is sited on a tract:

�� (a) In eastern Oregon of at least 240 contiguous acres except as provided in subsection (3) of this section; or

�� (b) In western Oregon of at least 160 contiguous acres except as provided in subsection (3) of this section.

�� (2) For purposes of subsection (1) of this section, a tract shall not be considered to consist of less than 240 acres or 160 acres because it is crossed by a public road or a waterway.

�� (3)(a) An owner of tracts that are not contiguous but are in the same county or adjacent counties and zoned for forest use may add together the acreage of two or more tracts to total 320 acres or more in eastern Oregon or 200 acres or more in western Oregon to qualify for a dwelling under subsection (1) of this section.

�� (b) If an owner totals 320 or 200 acres, as appropriate, under paragraph (a) of this subsection, the owner shall submit proof of nonrevocable deed restrictions recorded in the deed records for the tracts in the 320 or 200 acres, as appropriate. The deed restrictions shall preclude all future rights to construct a dwelling on the tracts or to use the tracts to total acreage for future siting of dwellings for present and any future owners unless the tract is no longer subject to protection under goals for agricultural lands or forestlands.

�� (c) The Land Conservation and Development Commission shall adopt rules that prescribe the language of the deed restriction, the procedures for recording, the procedures under which counties shall keep records of lots or parcels used to create the total, the mechanisms for providing notice to subsequent purchasers of the limitations under paragraph (b) of this subsection and other rules to implement this section. [1993 c.792 �4(2),(3),(5)]

�� 215.750 Alternative forestland dwelling; criteria. (1) As used in this section, �center of the subject tract� means the mathematical centroid of the tract.

�� (2) In western Oregon, a governing body of a county or its designate may allow the establishment of a single-unit dwelling on a lot or parcel located within a forest zone if the lot or parcel is predominantly composed of soils that are:

�� (a) Capable of producing 0 to 49 cubic feet per acre per year of wood fiber if:

�� (A) All or part of at least three other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

�� (B) At least three dwellings existed on January 1, 1993, on the other lots or parcels;

�� (b) Capable of producing 50 to 85 cubic feet per acre per year of wood fiber if:

�� (A) All or part of at least seven other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

�� (B) At least three dwellings existed on January 1, 1993, on the other lots or parcels; or

�� (c) Capable of producing more than 85 cubic feet per acre per year of wood fiber if:

�� (A) All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

�� (B) At least three dwellings existed on January 1, 1993, on the other lots or parcels.

�� (3) In eastern Oregon, a governing body of a county or its designate may allow the establishment of a single-unit dwelling on a lot or parcel located within a forest zone if the lot or parcel is predominantly composed of soils that are:

�� (a) Capable of producing 0 to 20 cubic feet per acre per year of wood fiber if:

�� (A) All or part of at least three other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

�� (B) At least three dwellings existed on January 1, 1993, on the other lots or parcels;

�� (b) Capable of producing 21 to 50 cubic feet per acre per year of wood fiber if:

�� (A) All or part of at least seven other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

�� (B) At least three dwellings existed on January 1, 1993, on the other lots or parcels; or

�� (c) Capable of producing more than 50 cubic feet per acre per year of wood fiber if:

�� (A) All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

�� (B) At least three dwellings existed on January 1, 1993, on the other lots or parcels.

�� (4) Lots or parcels within urban growth boundaries may not be used to satisfy the eligibility requirements under subsection (2) or (3) of this section.

�� (5) A proposed dwelling under this section is allowed only if:

�� (a) It will comply with the requirements of an acknowledged comprehensive plan, acknowledged land use regulations and other provisions of law;

�� (b) It complies with the requirements of ORS 215.730;

�� (c) No dwellings are allowed on other lots or parcels that make up the tract and deed restrictions established under ORS 215.740 (3) for the other lots or parcels that make up the tract are met;

�� (d) The tract on which the dwelling will be sited does not include a dwelling;

�� (e) The lot or parcel on which the dwelling will be sited was lawfully established;

�� (f) Any property line adjustment to the lot or parcel complied with the applicable property line adjustment provisions in ORS 92.192;

�� (g) Any property line adjustment to the lot or parcel after January 1, 2019, did not have the effect of qualifying the lot or parcel for a dwelling under this section; and

�� (h) If the lot or parcel on which the dwelling will be sited was part of a tract on January 1, 2019, no dwelling existed on the tract on that date, and no dwelling exists or has been approved on another lot or parcel that was part of the tract.

�� (6) Except as described in subsection (7) of this section, if the tract under subsection (2) or (3) of this section abuts a road that existed on January 1, 1993, the measurement may be made by creating a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is to the maximum extent possible, aligned with the road.

�� (7)(a) If a tract 60 acres or larger described under subsection (2) or (3) of this section abuts a road or perennial stream, the measurement shall be made in accordance with subsection (6) of this section. However, one of the three required dwellings must be on the same side of the road or stream as the tract and:

�� (A) Be located within a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is, to the maximum extent possible, aligned with the road or stream; or

�� (B) Be within one-quarter mile from the edge of the subject tract but not outside the length of the 160-acre rectangle, and on the same side of the road or stream as the tract.

�� (b) If a road crosses the tract on which the dwelling will be located, at least one of the three required dwellings must be on the same side of the road as the proposed dwelling.

�� (8) Notwithstanding subsection (5)(a) of this section, if the acknowledged comprehensive plan and land use regulations of a county require that a dwelling be located in a 160-acre square or rectangle described in subsection (2), (3), (6) or (7) of this section, a dwelling is in the 160-acre square or rectangle if any part of the dwelling is in the 160-acre square or rectangle. [1993 c.792 �4(6),(7),(8); 1999 c.59 �58; 2005 c.289 �1; 2019 c.433 �1; 2025 c.38 �41]

�� 215.755 Other forestland dwellings; criteria. Subject to the approval of the governing body or its designee, the following dwellings may be established in any area zoned for forest use under a land use planning goal protecting forestland, provided that the requirements of the acknowledged comprehensive plan, land use regulations and other applicable provisions of law are met:

�� (1) Alteration, restoration or replacement of a lawfully established dwelling, as described in ORS 215.291.

�� (2) One manufactured dwelling or recreational vehicle, or the temporary use of an existing building, in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident. Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use. The governing body or its designee shall provide for periodic review of the hardship claimed under this subsection. A temporary dwelling established under this section shall not qualify for replacement under the provisions of subsection (1) of this section.

�� (3) Caretaker residences for public parks and public fish hatcheries. [1997 c.318 �6; 1999 c.640 �4; 2023 c.301 �1]

�� Note: 215.755 was added to and made a part of ORS chapter 215 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 215.757 Accessory dwellings supporting family forestry; conditions. (1) As used in this section, �owner or a relative� means the owner of the lot or parcel, or a relative of the owner or the owner�s spouse, including a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew or first cousin of either.

�� (2) A county may approve a new single-unit dwelling on a lot or parcel zoned for forest use provided:

�� (a) The new single-unit dwelling will be on a lot or parcel no smaller than the minimum size allowed under ORS 215.780;

�� (b) The new single-unit dwelling will be on a lot or parcel that contains exactly one existing single-unit dwelling that was lawfully:

�� (A) In existence before November 4, 1993; or

�� (B) Approved under ORS 215.130 (6), 215.705, 215.720, 215.740, 215.750 or 215.755;

�� (c) The shortest distance between the new single-unit dwelling and the existing single-unit dwelling is no greater than 200 feet;

�� (d) The lot or parcel is within a rural fire protection district organized under ORS chapter 478;

�� (e) The new single-unit dwelling complies with the Oregon residential specialty code relating to wildfire hazard mitigation;

�� (f) As a condition of approval of the new single-unit dwelling, in addition to the requirements of ORS 215.293, the property owner agrees to acknowledge and record in the deed records for the county in which the lot or parcel is located, one or more instruments containing irrevocable deed restrictions that:

�� (A) Prohibit the owner and the owner�s successors from partitioning the property to separate the new single-unit dwelling from the lot or parcel containing the existing single-unit dwelling; and

�� (B) Require that the owner and the owner�s successors manage the lot or parcel as a working forest under a written forest management plan, as defined in ORS 526.455, that is attached to the instrument;

�� (g) The existing single-unit dwelling is occupied by the owner or a relative;

�� (h) The new single-unit dwelling will be occupied by the owner or a relative; and

�� (i) The owner or a relative occupies the new single-unit dwelling to allow the relative to assist in the harvesting, processing or replanting of forest products or in the management, operation, planning, acquisition or supervision of forest lots or parcels of the owner.

�� (3) If a new single-unit dwelling is constructed under this section, a county may not allow the new or existing dwelling unit to be used for vacation occupancy as defined in ORS