ADU rules in Deschutes County, OR — also called accessory dwelling unit regulations or granny flat ordinances — cover setbacks, owner-occupancy, parking, and permit requirements.
Unincorporated Deschutes County allows one rural accessory dwelling unit (ADU) per qualifying lot under DCC 18.116.355 and DCC 19.92.160, adopted in 2023 to implement Oregon SB 391 (2021) and codified in ORS 215.495. ADUs are permitted only in designated rural residential exception areas zoned RR-10, MUA-10, UAR-10, SR-2.5, or WTZ; properties on resource land (EFU farm zones, F-1/F-2 forest zones) are not eligible. The ADU is capped at 900 square feet of usable floor area, must be located within 100 feet of the primary single-family dwelling, and cannot be used as a vacation rental (defined as occupancy of 45 days or fewer for non-principal-residence purposes). Minimum lot size is 2 acres in most of the county and 5 acres in South Deschutes County (the La Pine groundwater protection area). Inside city limits, the City of Bend Development Code (BDC 3.6.200) applies instead, allowing up to two ADUs of 800 square feet each per single-unit lot with no owner-occupancy or short-term-rental ban; and the unincorporated communities of Tumalo, Terrebonne, and Sunriver are excluded from the rural ADU program because they are not rural residential exception areas.
Deschutes County's rural ADU program took effect December 1, 2023, after the Board of County Commissioners adopted Ordinance 2023-014 (file 247-22-000671-TA), which added DCC 18.116.355 to Title 18 (County Zoning) and DCC 19.92.160 to Title 19 (Bend Urban Area Zoning). The program implements Oregon Senate Bill 391 (2021), now codified at ORS 215.495, which authorizes counties to allow one ADU on a lot or parcel in a rural residential zone subject to fixed statutory criteria. To qualify under DCC 18.116.355, the property must be located in a rural residential exception area (RR-10 Rural Residential, MUA-10 Multiple Use Agricultural, UAR-10 Urban Area Reserve, SR-2.5 Suburban Low Density Residential, or WTZ Westside Transect Zone), be at least 2 acres in size (5 acres in the South Deschutes County groundwater area shown on the county's ADU 5-Acre Minimum Map), already contain a single-family dwelling that was lawfully established, and be served by a fire protection service provider. The ADU itself is limited to 900 square feet of usable floor area, excluding attached garages, porches, and decks; it must be sited no more than 100 feet from the primary dwelling, measured from the nearest portion of usable floor area; and only one ADU is permitted per lot. The applicant must obtain a site evaluation from Deschutes County Environmental Soils for an on-site septic system (or upgrade an existing system), confirm a legal water source (well or water service), record a separate address for emergency response, and verify legal lot of record status before a building permit will issue. The ADU may be used as a long-term rental, but DCC 18.116.355 prohibits using either the primary dwelling or the ADU as a vacation rental (defined as renting to occupants for non-principal-residence purposes for 45 days or less). Properties located in high wildfire hazard areas under SB 762 may face additional defensible space and Oregon Residential Specialty Code R327 wildfire hazard mitigation building requirements administered by the Oregon Building Codes Division. Resource lands - lands zoned Exclusive Farm Use (EFU) or Forest (F-1, F-2) under Statewide Planning Goals 3 and 4 - are not eligible under SB 391 / ORS 215.495 and instead use the separate accessory farm dwelling and forest template dwelling pathways under ORS 215.213, 215.283, and 215.750. Inside the City of Bend, BDC Chapter 3.6 (Residential Districts) and BDC 3.6.200 govern: up to two ADUs of 800 square feet or less are allowed on any lot with a single-unit dwelling, townhome, or manufactured home, parking is not required, detached units must be at least 6 feet apart, and there is no city-wide owner-occupancy mandate or short-term-rental ban for ADUs (though Bend's separate STR licensing program at BDC 3.6.500 still applies). The City of Redmond, City of La Pine, and City of Sisters each have their own ADU codes. Sunriver, Tumalo, and Terrebonne are not eligible for the county's rural ADU program because they are unincorporated communities, not rural residential exception areas; Sunriver in particular is governed by Sunriver Owners Association CC&Rs and Design Committee rules in addition to county code.
Constructing a second dwelling unit without an ADU land-use approval under DCC 18.116.355, a building permit, and a septic site evaluation is a code-enforcement matter handled by Deschutes County Community Development. The county's enforcement process under DCC Chapter 1.16 begins with a notice of violation, escalates to a citation in Justice Court, and can result in civil penalties of up to $1,000 per violation per day, plus the cost of abatement and recording of liens against the property. Renting either the primary dwelling or the ADU as a vacation rental after establishing the ADU violates the DCC 18.116.355 deed-restriction-style condition of approval and can trigger revocation of the ADU permit and an order to remove the unit. Adding bedrooms or fixtures that exceed the design capacity of the on-site septic system without Environmental Soils approval is a separate violation under DCC Title 13 and Oregon DEQ rules. Building an ADU on resource land (EFU or F-1/F-2) is not authorized under DCC 18.116.355 and would require either an accessory farm dwelling approval under DCC 18.16 or a forest template / lot-of-record dwelling under DCC 18.36, each with strict income, gross-sales, and acreage tests. Inside the City of Bend, an ADU built without an Application for ADU under BDC 3.6.200 or operated as a short-term rental without a current STR operating license under BDC 3.6.500 can result in permit revocation and civil penalties through Bend Code Enforcement. Appeals from a county planning decision are taken to the Deschutes County Hearings Officer and then to the Land Use Board of Appeals (LUBA) under ORS 197.830; the deadline to file a notice of intent to appeal at LUBA is 21 days from the date of the final decision.
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