Newberg Shrinks Notification Radius, Limits Appeals Under New State Housing Law

NEWBERG, Ore. — The City of Newberg changed its land use notification and appeals process July 1 in order to comply with two new statewide Oregon housing laws, according to a press release from the city.

The changes affect how nearby property owners are notified about proposed residential development and who retains the right to formally appeal a land use decision, the city said in a press release. The updates stem from House Bill 4037 and Senate Bill 974, both passed by the Oregon Legislature earlier this year.

Newberg Community Development Director Scot Siegel said that the bills are a result of the Oregon Legislature trying to address statewide housing shortages by lowering barriers to construction. 

“Fortunately, here in Newberg we prioritize customer service, and that includes concierge-like assistance with fast turnaround times on permits,” Siegel said. “Newberg’s comprehensive land use plan and code, which were developed based on community input and receive regular maintenance updates, also encourage a streamlined permit process.”

For most residential projects with fewer than 20 units, including apartments and subdivisions, the required notification radius for neighboring property owners is dropping from 500 feet to 100 feet. Subdivisions or apartment developments of 20 or more units will keep the 500-foot notification radius.

The city will no longer require public hearings for most residential applications, including apartments, subdivisions, rezoning applications for higher-density residential use on land already zoned residential, and residential planned unit developments, according to the release. Rezoning and planned unit development applications previously required a public hearing.

“Frankly, I think the recent legislation was written with other communities in mind, even though we must follow them,” Siegel said.

Appeal rights for most application types are now limited to the applicant, the city said. Previously, neighboring property owners, agencies and members of the public who submitted comments could also appeal decisions. Rezoning applications for higher-density residential use and planned unit developments are exceptions — people who submit public comments on those applications retain the right to appeal.

Some housing types will require no public notice at all under the new rules. Middle housing cottage clusters, like the HIVE Development in north Newberg, as well as duplexes, triplexes, quadplexes, townhouses, single-family homes and accessory dwelling units will proceed directly to the building permit process without a notice period, the city said.

House Bill 4037 amends Oregon Revised Statutes 197A.400 to cap notification distance at 100 feet for most residential applications, or 500 feet for developments of 20 units or more, and bars local governments from requiring a public hearing before deciding on those applications. The law limits appeals of those decisions to the applicant. The amendments take effect July 1.

Senate Bill 974 separately addresses zone changes to allow denser residential use, planned unit developments and variances from residential approval standards. That law requires written notice to property owners within 100 feet of a proposed project and to recognized neighborhood organizations, along with a 14-day public comment period, but does not require a hearing before an initial decision if the local government notifies the state Department of Land Conservation and Development. People who submit comments during that process retain appeal rights under the law.

Residents who want to track development activity in their neighborhoods can check the city’s website or contact the Newberg Planning Department. The city’s interactive map, “What’s Happening on My Street?” shows active planning applications.

Questions about the changes may be directed to Siegel at planning@newbergoregon.gov.