December 23, 2022

LUBA hints at possible ‘maximum capacity’ development requirements


Our Jeff Kapp looks at the Oregon Land Use Board of Appeals (LUBA) decision in Husk v. City of Bend, in which LUBA held that under the Middle Housing Statute (HB 2001) the City of Bend was required (and failed) to consider the potential number of dwelling units that could be built on the site under the Middle Housing Statute, rather than the actual number of units the developer was proposing to build. In the Husk case, this would require planning and infrastructure for four-times as many units as the developer planned to build. Does HB 2001 require this?

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(Chris Damgen contributed to this article.)
Published December 22, 2022 on

Tags: Real Estate and Land Use, Construction, Construction and Development, Homebuilding

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