Inspired by an Oregon law, a Senate bill intends to remove barriers to housing development by requiring cities to apply only “clear and objective” development regulations to residential housing.

SB 5613, one of 10 local planning-related bills sponsored by Sen. Jesse Salomon (D-Shoreline), would do the following:

• Directs the Department of Commerce (Commerce) to form a stakeholder work group to analyze development regulations and create a model code that contain clear and objective standards by June 30, 2027.
• Requires all development regulations in effect in a city or county to comply with clear and objective standards, or be substantially similar, by January 1, 2029.
• Allows a city or county to adopt a second, alternative approval process that an applicant may select that is not based on clear and objective criteria.
• If a city adopts the model code it must submit those regulations to Commerce for approval.
• Defines “clear and objective development regulations” as “locally adopted development regulations that involve no personal or subjective judgment by a public official and are ascertainable by reference to measurable written or graphic criteria available and knowable to both the permit applicant and public officials prior to submittal.”
• Defines “clear and objective design standard" as “a locally adopted design standard:

(a) With one or more ascertainable guideline, standard, or criterion by which an applicant can determine whether a given building design is permissible under that development regulation; and

(b) That does not result in a reduction in density, height, bulk, or scale below the generally applicable development regulations for a development proposal in the applicable zone.”

SB 5613 passed out of its fiscal committee ahead of the deadline and advances towards a Senate chamber vote.

AWC continues to work with the sponsor to clarify the language to remove ambiguity and learn from the years of litigation in Oregon on what “clear and objective” means.