2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.291 - Alteration, restoration or replacement of lawfully established dwelling; conditions; siting; deferral.

(1) A lawfully established dwelling may be altered, restored or replaced under ORS 215.213 (1)(q), 215.283 (1)(p) or 215.755 (1) if the county determines that the dwelling to be altered, restored or replaced:
(a) Has, or formerly had:
(A) Intact exterior walls and roof structure;
(B) Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;
(C) Interior wiring for interior lights; and
(D) A heating system; and
(b)(A) Unless the value of the dwelling was eliminated as a result of destruction or demolition, was assessed as a dwelling for purposes of ad valorem taxation since the later of:
(i) Five years before the date of the application; or
(ii) The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment; or
(B) If the value of the dwelling was eliminated as a result of destruction or demolition, was assessed as a dwelling for purposes of ad valorem taxation prior to the destruction or demolition and since the later of:
(i) Five years before the date of the destruction or demolition; or
(ii) The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment.
(2) For replacement of a lawfully established dwelling under this section:
(a) The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use within three months after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055.
(b) The replacement dwelling:
(A) May be sited on any part of the same lot or parcel.
(B) Must comply with applicable siting standards. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.
(C) Must comply with the construction provisions of section R327 of the Oregon Residential Specialty Code, if:
(i) The dwelling is in an area identified as extreme or high wildfire risk on the statewide map of wildfire risk described in ORS 477.490; or
(ii) No statewide map of wildfire risk has been adopted.
(c) As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed records of the county in which the property is located a deed restriction prohibiting the siting of another dwelling on that portion of the lot or parcel. The restriction imposed is irrevocable unless the county planning director, or the director’s designee, places a statement of release in the deed records of the county to the effect that the provisions of this section and either ORS 215.213 or 215.283 regarding replacement dwellings have changed to allow the lawful siting of another dwelling.
(3) The county planning director, or the director’s designee, shall maintain a record of the lots and parcels that do not qualify for the siting of a new dwelling under subsection (2) of this section, including a copy of the deed restrictions filed under subsection (2)(c) of this section.
(4) If an applicant is granted a deferred replacement permit under this section:
(a) The deferred replacement permit:
(A) Does not expire but the permit becomes void unless the dwelling to be replaced is removed or demolished within three months after the deferred replacement permit is issued; and
(B) May not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of the applicant.
(b) The replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to siting at the time of construction.
(5) An application under this section must be filed within three years following the date that the dwelling last possessed all the features listed under subsection (1)(a) of this section.
(6) Construction of a replacement dwelling approved under this section must commence no later than four years after the approval of the application under this section becomes final. [2013 c.462 §2; 2019 c.440 §§1,5; 2023 c.301 §3]
Note:
215.291 was added to and made a part of 215.203 to 215.311 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.