Middle Housing Code Changes | HB 2001 

IMPORTANT UPDATE: Land Use Board of Appeals Remand

The Ordinance went into effect on July 1, 2022. After it was adopted, the ordinance was appealed to the Land Use Board of Appeals (LUBA). LUBA upheld the City’s ordinance. Subsequently, LUBA’s decision was appealed to the Oregon Court of Appeals, and that court issued its decision on July 12, 2023. 

The Court affirmed LUBA’s decision on the appeal issues related to the Willamette River Greenway, and affirmed LUBA’s determination that the Middle Housing approval criteria challenged by the appellants are clear and objective. However, the Court disagreed with LUBA’s decision on the appeal issue related to compliance with Statewide Planning Goal 11 (Public Facilities and Services). The Court remanded the appeal back to LUBA for further proceedings. 

On October 12, 2023, based on the Court of Appeals consideration, LUBA remanded the City's decision. The remand can be seen here. the result is that Ordinance 20667 in its entirety is no longer in effect as of October 12, 2023. Given this fact, any Middle Housing development within Eugene that was not approved prior to October 12, 2023, is subject to the State's Large Cities Middle Housing Model Code (Model Code), which was included as Exhibit B to to OAR 660-046-0010 .  Additionally, Ordinance 20667 included provisions for Middle Housing Land Divisions, another state requirement. Middle Housing Land Divisions are still possible, but they are subject to the approval criteria at Oregon Revised Statues (ORS) 92.031 and the procedures at ORS 197.365-197.380. 

Recognizing the important work and input of the Eugene City Council, Planning Commission, other boards and committees, and public engagement, staff is diligently working to bring this item back to the decision makers for further consideration. For an update on the Middle Housing remand, please contact Jeff Gepper, Senior Planner, at JGepper@eugene-or.gov. 

If you have questions about the applicable codes, a specific development project, Middle Housing Land Divisions, or just general inquiries, please reach out to Planning@eugene-or.gov.

City Council Adoption of the Middle Housing Code Amendments 

On May 24, 2022, the City Council unanimously adopted Ordinance 20667 to implement the Middle Housing Code Amendments.

The City Council held a public hearing for the Middle Housing Code Amendments on April 18, 2022, followed by two work sessions on May 11, 2022 and May 18, 2022.  

The Middle Housing Code Amendments implement House Bill 2001, legislation that requires large cities in Oregon, including Eugene, to allow middle housing (duplexes, triplexes, fourplexes, rowhouses, and cottage clusters) to be built in all neighborhoods. This legislation is intended to increase our housing supply and allow for more housing types of all shapes and sizes in more places.

What Middle Housing code is in effect? 

The Middle Housing Code Amendments are NOT in effect! Ordinance 20667 contains the approved code amendments. Ordinance 200667 is provided and available in the  Online Code.  However, as discussed at the top of this page, the remand from the Land Use Board of Appeals means that Ordinance 20667 is not in effect and the State's Model Code is currently applicable, as well as, the Oregon Revised Statutes (ORS) 92.031 and 197.365-197.380 for Middle Housing Land Division. 

Middle Housing Fact Sheets!

Learn all about the different type of Middle Housing and new processes. 

• Duplexes
• Triplexes
• Fourplexes
• Townhouses
• Cottage Clusters
• Middle Housing Land Divisions

Note: These fact sheets represent compliance and options provided in Eugene's specific Middle Housing implementation through Ordinance 20667. As such, while Ordinance 20667 is not in effect, please refer to the State's Model Code or ORS for applicable rules and regulations.