# ORS § 92.031: 92.031 Middle housing land division > Oregon · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C92_S92.031 ## Section - **Citation:** ORS § 92.031 - **Heading:** 92.031 Middle housing land division - **Jurisdiction:** Oregon - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** OR Code / Title 10 / Chapter 92 / Section 92.031 ## Text (1) As used in this section, “middle housing land division” means a partition or subdivision of a lot or parcel on which the development of middle housing is allowed under ORS 197A.420 (Duplexes) (2) or (3). (2) A city or county shall approve a tentative plan for a middle housing land division if the application includes: (a) A proposal for development of middle housing in compliance with the Oregon residential specialty code and land use regulations applicable to the original lot or parcel allowed under ORS 197A.420 (Duplexes) (5); (b) Separate utilities for each dwelling unit; (c) Proposed easements necessary for each dwelling unit on the plan for: (A) Locating, accessing, replacing and servicing all utilities; (B) Pedestrian access from each dwelling unit to a private or public road; (C) Any common use areas or shared building elements; (D) Any dedicated driveways or parking; and (E) Any dedicated common area; (d) Exactly one dwelling unit on each resulting lot or parcel, except for lots, parcels or tracts used as common areas; and (e) Evidence demonstrating how buildings or structures on a resulting lot or parcel will comply with applicable building codes provisions relating to new property lines and, notwithstanding the creation of new lots or parcels, how structures or buildings located on the newly created lots or parcels will comply with the Oregon residential specialty code. (3) A city or county may add conditions to the approval of a tentative plan for a middle housing land division to: (a) Prohibit the further division of the resulting lots or parcels. (b) Require that a notation appear on the final plat indicating that the approval was given under this section. (4) In reviewing an application for a middle housing land division, a city or county: (a) Shall apply the procedures under ORS 197.360 (“Expedited land division” defined) to 197.380 (Application fees) . (b) May require street frontage improvements where a resulting lot or parcel abuts the street consistent with land use regulations implementing ORS 197A.420 (Duplexes) . (c) May not subject an application to approval criteria except as provided in this section, including that a lot or parcel require driveways, vehicle access, parking or minimum or maximum street frontage. (d) May not subject the application to procedures, ordinances or regulations adopted under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) or 92.046 (Adoption of regulations governing approval of partitioning of land) that are inconsistent with this section or ORS 197.360 (“Expedited land division” defined) to 197.380 (Application fees) . (e) May allow the submission of an application for a middle housing land division at the same time as the submission of an application for building permits for the middle housing. plats and plans) or 92.046 (Adoption of regulations governing approval of partitioning of land) that are inconsistent with this section or ORS 197.360 (“Expedited land division” defined) to 197.380 (Application fees) . (e) May allow the submission of an application for a middle housing land division at the same time as the submission of an application for building permits for the middle housing. (f) May require the dedication of right of way if the original parcel did not previously provide a dedication. (5) The type of middle housing developed on the original parcel is not altered by a middle housing land division. (6) Notwithstanding ORS 197A.425 (Accessory dwelling units) (1), a city or county is not required to allow an accessory dwelling unit on a lot or parcel resulting from a middle housing land division. (7) The tentative approval of a middle housing land division is void if and only if a final subdivision or partition plat is not approved within three years of the tentative approval. Nothing in this section or ORS 197.360 (“Expedited land division” defined) to 197.380 (Application fees) prohibits a city or county from requiring a final plat before issuing building permits. [2021 c.103 §2] Note: 92.031 (Middle housing land division) was added to and made a part of 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. Source: Section 92.031 — Middle housing land division; conditions of approval , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025). ## Nearby sections - [ORS § 92.010 92.010 Definitions for ORS 92.010 to 92.192](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C92_S92.010.md) - [ORS § 92.012 92.012 Compliance with ORS 92.010 to 92.192 required](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C92_S92.012.md) - [ORS § 92.014 92.014 Approval of city or county required for specified divisions of land](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C92_S92.014.md) - [ORS § 92.016 92.016 Sale or negotiation to sell lot or parcel prior to approval of tentative plan](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C92_S92.016.md) - [ORS § 92.017 92.017 Lawfully created units of land](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C92_S92.017.md) - [ORS § 92.018 92.018 Buyer’s remedies for purchase of improperly created unit of land](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C92_S92.018.md) - [ORS § 92.025 92.025 Prohibition of sale of lot or parcel prior to recordation of plat](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C92_S92.025.md) - [ORS § 92.027 92.027 Deed reference to creation of unit of land](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C92_S92.027.md) - [ORS § 92.031 92.031 Middle housing land division](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C92_S92.031.md) - [ORS § 92.040 92.040 Application for approval of subdivision or partition](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C92_S92.040.md) - [ORS § 92.042 92.042 Governing body having jurisdiction to approve plans, maps or plats](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C92_S92.042.md) - [ORS § 92.044 92.044 Adoption of standards and procedures governing approval of plats and plans](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C92_S92.044.md) - [ORS § 92.046 92.046 Adoption of regulations governing approval of partitioning of land](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C92_S92.046.md) - [ORS § 92.048 92.048 Procedure for adoption of regulations under ORS 92.044 and 92.046](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C92_S92.048.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C92_S92.031. Check the current official text before relying on it. Not legal advice.