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Middle Housing / HB 2001

A 2019 Oregon law (House Bill (HB) 2001) requires local implementation of standards to facilitate development of “middle housing” in urban residential neighborhoods.
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What is Middle Housing?

Under state law and County Community Development Code (CDC) standards, middle housing includes duplexes, triplexes, quadplexes, townhouses and cottage clusters that meet certain criteria. The law allows construction of middle housing in neighborhoods and continues to allow construction of conventional single-detached homes.

Many pre-1940s neighborhoods have both single-detached homes and middle housing. This created housing options right around the corner as people’s household size or needs changed. But as time when on, entire neighborhoods of single-detached homes became more the norm, and middle housing options decreased. This made living in many neighborhoods unaffordable or inconvenient.

What are the benefits of middle housing?

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Middle housing can help restore housing options to meet changing household and community needs. Middle housing allows options for people in different life stages who may prefer a home other than a traditional single-detached house, including:

  • Low- and middle-income people
  • Small households
  • Seniors
  • Extended families
  • Nontraditional households
  • People who haven’t been able to afford homes near family, or jobs
  • People who haven’t been able to find homes that fit their circumstances
  • People whose housing options have been historically impacted by discrimination

Middle housing can be developed in Washington County Land Use Districts that allow residential development, as per requirements included in House Bill 2001.

Considering a middle housing project?

We strongly encourage you to learn about the application process and schedule a preapplication conference with our Development Review/Current Planning staff. Visit Middle Housing Development Application Process for more detailed information.

Is a Neighborhood Meeting/public notice required for a middle housing development?

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OAR 660-046-0215 requires cities and counties middle housing regulations cannot be more stringent than regulations for a single-detached dwelling.

Because single-detached dwelling applications are reviewed through a Type I procedure – which does not require neighborhood meetings or public notices – middle housing development must also be reviewed through a Type I procedure. Under state law, we cannot require neighborhood meetings for middle housing developments unless we require them for all single-detached dwellings which would result in increased costs and delays for everyone building a single-detached dwelling. See Land Development Process - Types I, II and III.

In addition, ORS 197A.400 requires cities and counties to apply only clear-and-objective standards to regulate housing within the urban growth boundary. State statutes do not allow local jurisdictions to implement standards that could discourage “needed housing” – which includes both single-detached dwellings and middle housing – through unreasonable cost or delay. Learn more about needed housing: ORS 197A.018 and ORS 197A.420.

Type I reviews apply only clear-and-objective standards, which makes the process more straightforward and reduces cost and delays. In addition, if clear-and-objective criteria are met, decision makers cannot apply conditions or deny applications based on public comments. Therefore, in most urban land use districts, a Type I review applies to approval of a single-detached dwelling and/or middle housing units.

To find out if middle housing developments are proposed for your neighborhood, visit Development Applications Under Review and enter the term “middle” to search for related applications.

Resources and Regulations

Washington County

State of Oregon

FAQs

Most Washington County Land Use Districts that allow residential development also allow middle housing, as per requirements included in House Bill 2001.

Visit Middle Housing Development Application Process for more detailed information.

Townhouses must be on separate lots. All other middle housing types may be on separate lots or on a single, shared lot.

No, if the restrictions were created on or after Jan. 1, 2020.Yes, if the restrictions were created before Jan. 1, 2020.