Over the last eight years, a bipartisan coalition of Oregon lawmakers has led North America on a new trend: state-level zoning.
As zoning restrictions spread across the continent almost exactly 100 years ago, state and provincial governments mostly delegated to cities all decisions about where and what sorts of housing should be allowed locally. During the century that followed, that led to problems. A big one: cities and towns deployed zoning to gradually ban the rooming houses, duplexes, triplexes, and small-scale apartment buildings that had always been, until then, the places you could live when you had a small household or a tight budget.
At first, this wasn't an obvious problem. A city banning apartments might reason that inexpensive homes would still be legal in the next town over. Or they might observe that the next town over had offloaded its housing needs on them by banning apartments, so it was only fair that they do the same.
It was all very rational, and contagious. And after a century of local rules upon local rules, the state's largest city looked like a muddled patchwork of zoning.
The complexity of Portland's 779 distinct zoning categories, each one restrictive in its own ways and multiplied further across hundreds of other jurisdictions, has helped create a huge shortage of homes. That's especially true for the smaller and less expensive sorts of homes, since those are the ones most frequently banned by zoning. That housing shortage and the rising prices it drives have spiraled across city lines and ultimately left many thousands of people sleeping on couches, in parking lots, and in the woods.
Starting in 2017 and with rising confidence in each year since, Oregon has been responding to this endless civic buck-passing by rethinking its 100-year-old decision to leave the details of zoning mostly up to local jurisdictions.
Instead, much of the work on this statewide issue is now returning to the place it maybe should have always remained: the state.
To see how far Oregon's consensus has moved, read a bill Governor Tina Kotek signed today.
House Bill 2258 gives the state the power to override local zoning and allow any type of housing on standard urban lots.
I'll read that last sentence again.
The bill passed the state House 50-2, and the Senate 28-2. Kotek, its chief advocate, held a signing ceremony Monday for it and others.
Aurora Dziadul, a legislative and policy analyst for the Oregon Department of Land Conservation and Development, said by email that her state agency plans to voluntarily apply "extra parameters" that narrow the scope of the program. But she said that yes, the bill does give the state the power to preemptively give zoning and building permit approval to any variety of housing project, from a backyard cottage to a skyscraper, on any lot that:
allows housing of at least one type;
falls within an urban growth boundary (a border that, in Oregon, defines the frontier between suburban and rural areas);
is between 1,500 and 20,000 square feet has no more than a 15 percent slope;
is outside areas officially designated as environmentally sensitive, naturally hazardous, containing significant natural resources, scenic, or open;
and is vacant, including from a recent demolition as long as it results in more homes.
A key phrase in the bill is in Section 4(2)a, which says that on such lots, the state may pre-approve only "attached or detached housing" - in other words, all housing. (That's one item in a list of qualifying factors that Dziadul said includes an implicit "or.")
It's unlikely that the state will decide to use this power to legalize 4-story apartment buildings on every urban lot, for example. If it did, cities would have a strong incentive to look for ways to nullify the law - for example, with tight new regulations on demolition. Until any previous building on the site has been demolished, it wouldn't qualify for the de facto state zoning code created by HB 2258.
Another issue: the staff...