Tigard, OR Accessory Structures: ADU Impact Fees (2026)
Key Facts
- SDC exemption
- ADUs of 1,000 square feet or less (§ 3.24.100.F)
- SDCs covered
- City transportation and park SDCs only
- CET exemption
- ADUs of 1,000 square feet or less (§ 3.90.050.A.2)
- Sunset date
- Both exemptions repealed July 31, 2027
- Condition
- Recorded covenant before building permit issuance
- Calculation appeal
- Within 30 days of the administrator's decision
Summary
In the City of Tigard, Oregon, an accessory dwelling unit of 1,000 square feet or less that complies with TMC 3.24.180 is exempt from city transportation and park system development charges, and ADUs of that size are exempt from the construction excise tax. Both exemptions are repealed July 31, 2027.
§ 3.24.100. Exemptions. The following types of development are exempt from payment of SDCs: ... F. Accessory dwelling units of 1,000 square feet or less that comply with TMC 3.24.180, from city transportation and park SDCs only. ... § 3.90.050. Exemptions. ... A. Notwithstanding TMC 3.90.030, the following are exempt from payment of the CET: ... 2. Accessory dwelling units of 1,000 square feet or less. This exemption is repealed automatically on July 31, 2027, after which date the full CET value will be assessed.
Full Breakdown
Tigard Municipal Code § 3.24.100.F exempts accessory dwelling units of 1,000 square feet or less from city transportation and park SDCs, but only if the ADU complies with TMC 3.24.180. The exemption is limited by its own words to those two charges. Section 3.24.150 separately prohibits any person from connecting to the city's water, sanitary sewer or stormwater systems unless the applicable SDC has been paid, so those connections are not covered by the ADU exemption.
Compliance with § 3.24.180 means a restrictive covenant. Under § 3.24.180.A it must be recorded and submitted to the city before the building permit is issued, and the exempt ADU cannot be used as a short-term rental for 10 years after final inspection approval. Section 3.24.180.B repeals TMC 3.24.100.F on July 31, 2027, while covenants recorded before that date remain in full force and effect.
The construction excise tax is a second charge. Under § 3.90.030 a residential CET equal to one percent of the value of the improvement is due at issuance of the building permit and assessed when the permit application is submitted. Section 3.90.050.A.2 exempts accessory dwelling units of 1,000 square feet or less, and that exemption is repealed automatically on July 31, 2027, after which the full CET value will be assessed. Value is calculated by the city building official under OAR 918-050-0100 as printed in § 3.90.020. Section 3.90.050.A.3 separately exempts construction or improvements with a total improvement value of less than $50,000.00.
A dispute over how an SDC charge or credit was calculated must be filed in writing with the city within 30 days of the administrator's decision, and the City Council decides the appeal under § 3.24.140.C.
Violations & Fines
Violation of the SDC chapter is a Class A infraction punishable by a fine not to exceed $500.00 under § 3.24.160. Using an exempt ADU as a short-term rental inside the 10-year covenant period breaks the condition of the exemption in § 3.24.180.A. Starting work before the required permit is obtained doubles the specified permit fees under § 3.32.060.B.
Frequently Asked Questions
Which Tigard impact fees are waived for an ADU?
Is the construction excise tax waived for an ADU in Tigard?
What condition comes with the SDC exemption?
What happens to the exemption after July 31, 2027?
Sources & Official References
Other rules in Tigard
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