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Eugene Hearing Official
<br />August 14, 2024
<br />Page 7
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<br />single-family dwellings,” within the meaning of the Middle Housing Statute and Rule, do or do
<br />not include lands which have base zoning allowing such development, and which are not subject
<br />to statutory exceptions, notwithstanding contrary local restrictions expressed in zoning overlays
<br />or otherwise?
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<br />The answer to this question must be consistent with the intent of the Oregon legislature in
<br />adopting the applicable statutory language, determined as follows:
<br />
<br />“Our determination of the legislature’s intent in enacting ORS 197.298 is guided
<br />primarily by the text and context of the statute, in light of any pertinent legislative
<br />history. State v Gaines, 346 Or 160, 171-72, 206 P3d 1042 (2009). In the
<br />analysis of the text of the statute, we give words their ‘plain, natural, and ordinary
<br />meaning.” PGE v Bureau of Labor and Industries, 317 Or 606, 611, 859 P2d
<br />1143 (1993). . . . The context of a statute includes the entire enactment of which
<br />it was a part, State v. Ortiz,202 Or App 695, 699-700, 124 P3d 611 (2005), as well
<br />as related statutes on the same subject. State v. Carr, 319 Or 408, 411-12, 877 P2d
<br />1192 (1994)”
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<br />1000 Friends v. LCDC and Yamhill County, 244 Or App 239, 259 P3d 1021 (2011).
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<br />“In construing the meaning of a statute, we have looked at the context of related
<br />statutes in the same chapter in which a provision has been codified, Morsman v.
<br />City of Madras, 203 Or.App. 546, 561, 126 P.3d 6, rev. den., 340 Or. 483, 135
<br />P.3d 318 (2006), and at other provisions of the bill enacting that statute, Ortiz,
<br />202 Or.App. at 699–700, 124 P.3d 611.”
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<br />Id. 244 Or App at 239, fin. 6, 259 P3d 1021 (2011).
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<br />The same methodology applies to agency rules, including LCDC goals:
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<br /> “We discern the intended meaning of an administrative rule by examining the text
<br />of the rule and its context (including other provisions of the same rule, other rules
<br />in pari materia with the rule in question, the statute authorizing the rule, and other
<br />related statutes), together with any relevant statement of agency intent in the rule
<br />adoption process or in the application of the rule by the authoring agency in other
<br />proceedings.”
<br />
<br />1000 Friends of Oegon. v. Jackson Cnty., 292 Or App 173, 187, 423 P3d 793 (2018).
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<br />The crankshaft of the Middle Housing Statute, enacted by HB 2001 sec 2(3), Or Laws ch 639 sec
<br />2(3), is:
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<br />“Except as provided in subsection (4) of this section, each city with a population
<br />of 25,000 or greater * * * shall allow * * * all middle housing types in areas
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