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Residential Land Divisions Early Actions Program (House Bill 2306)

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The Oregon Legislature passed a number of bills during the 2019 session aimed at increasing housing supplies throughout Oregon – House Bill 2306 was one of those bills.


The intent of HB 2306 is to decrease the amount of time between when a subdivision application is approved by a local jurisdiction and when building permits can be issued for approved subdivision lots (prior to officially recording the subdivision with the County Surveyor). The bill instructs jurisdictions to approve building permits on recently approved subdivisions as long as the developer has substantially completed the public infrastructure work necessary to meet development standards and the developer financially guarantees the remainder of the work for full completion of said improvements.

In response to HB 2306, the City has identified three processes (paths) to decrease the timeline between when a subdivision is approved and when building permits can be issued for construction on the new lots. Path #1 follows HB 2306. The other paths modify the current City processes for recording a subdivision’s Final Plat and accepting/issuing of building permits.

PROCESS PATHS

PATH 1: Early Permit Issuance & Partial Infrastructure Acceptance Without Final Plat Recorded (Traditional HB 2306 Process) Implementation Requirements
PATH 2: Early Permit Issuance & Partial Infrastructure Acceptance With Final Plat Recorded (Preferred HB 2306 Process) Implementation Requirements
PATH 3: Early Permit Submittal and Issuance (Standard Infrastructure/Final Plat Process)
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EARLY ACTION PROGRAM
APPLICATION

The City’s preferred options are Path #2 and Path #3 as they are much simpler and reduce risk exposure for both the developer and the City. The City’s main goal is to expedite and coordinate the final infrastructure acceptance process with the Final Plat recording and building permit issuance.

Under all paths, the City now has the capability to accept multiple building permit applications prior to the recording of the Final Plat. This process alone will remove several months from the overall project timeline to obtain building permits.

All paths and the acceptance of multiple building permit applications prior to the Final Plat being recorded became available to developers on January 2, 2020. Developers must submit an application in order to request one of the paths, and this application must be received after the tentative Plat is approved for a project but before any preconstruction meetings take place.

Please submit your application to development@bendoregon.gov.

Contact (541) 388-5580 x 5 for additional questions or assistance.

Additional Information surrounding the Program and Paths

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