The Oregon Land Use Board of Appeals (LUBA) said Eugene’s new housing rules, which allowed more duplexes and townhouses in single-family areas, still don’t meet state requirements for planning infrastructure.
The Eugene City Council passed rules allowing middle housing, such as duplexes and townhouses, in single-family zones, in 2022. The state Legislature required the change through 2019’s House Bill 2001, but Eugene’s code went further than required, by allowing middle housing to be taller, on smaller lots and take up more of those lots.
In October, the Oregon Court of Appeals struck down the code, saying the city did not demonstrate compliance with Statewide Planning Goal 11, which requires cities to plan for infrastructure to match the level of development.
City councilors reexamined the code in January and passed a revision in March. At the time, a majority of councilors interpreted the remand as a lack of “background information” rather than a rejection based on substance and passed a revision that focused on adding more information.