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Polk County adopts rules for rural ADUs, rejects RVs as long-term ADUs
Summary
The Polk County Board of Commissioners unanimously adopted legislative amendment 24-01 to allow accessory dwelling units (ADUs) on certain rural parcels with standards (2-acre minimum, max 900 sq ft, within 100 feet of primary dwelling) and removed a zoning provision inconsistent with state law; staff and public debated partitioning and conversion concerns.
Polk County on April 29 adopted legislative amendment 24-01 to amend zoning ordinance text and the comprehensive plan to allow accessory dwelling units (ADUs) on specified rural lands, repeal an outdated manufactured-dwelling provision, and add related policy language.
Senior planner Eric Knudson told the board the amendment responds to state law (ORS 215.495 and subsequent bills) and would allow counties to adopt ADU standards outside urban growth boundaries. He outlined staff’s minimum standards: the parcel must be at least 2 acres, the ADU would not exceed 900 square feet of usable floor area, the ADU must be located no more than 100 feet from the primary dwelling, and ADUs may not be used for vacation occupancy.
Public testimony and concerns: Pat Wheeler, speaking for Friends of Polk County, said the group supports ADUs in rural areas but urged the board to follow the statutory language precisely and avoid wording that implies the county can approve a partition that converts an ADU into a primary dwelling. "We recommend that the board of commissioners follow the intent in wording of ORS 215.495 as written," Wheeler said. Staff and commissioners discussed how partitioning scenarios might play out at the counter and noted that environmental health and septic sizing led the planning commission to recommend prohibiting recreational vehicles as ADUs.
Board action and legal context: Staff noted that an existing Polk County zoning provision (section 127.035(a)) imposes skirting requirements on manufactured dwellings in conflict with state law and recommended repealing that language; the board accepted the recommendation as part of the amendment package. Commissioners emphasized outreach and counter-level guidance to help property owners understand limits on partitioning and the practical implications of the new standards.
Vote and next steps: Commissioner (S6) moved to adopt the staff- and planning-commission-recommended findings and ordinance text amendments (attachments A–G with staff modifications); Commissioner (S7) seconded. The board voted unanimously to adopt the amendments and closed the hearing. Staff will post the adopted text and continue to address implementation questions at the counter and through public materials.
The board also acknowledged that narrow, fact-specific partition disputes could arise in the future and that those cases would be handled through the land-use application process and, if needed, challenged through available appeal channels.
