SB 8 – Requires local governments to allow development of certain affordable housing on lands not zoned for residential uses

Signed into law by the Governor June 23, 2021.

Staff summary as of May 25 “Requires local governments to allow, without requiring a zone change or conditional use permit, the development of affordable housing projects on lands inside an urban growth boundary not zoned for residential use, subject to certain zoning, property ownership, and land use requirements. Restricts development on land zoned for industrial use to properties that are publicly owned and adjacent to lands zoned for residential use or school use, and prohibits development on lands designated for heavy industrial use. Clarifies that affordable housing units remain affordable for no less than 30 years, and are made available for ownership or rental to families earning 80 percent or less of the area median income, or that the average of all units on a property serve families earning 60 percent or less of the area median income. Establishes increased density maximums for projects in areas zoned for residential use. Allows applicants to obtain attorney fees in prevailing appeals before the Land Use Board of Appeals (LUBA).”

The “Enrolled” version can be found here. View the legislative process on this item here.