1000 Friends of Or. v. Clackamas Cnty.

Short-term rental use of "dwellings" and "residences" on resource land is neither explicitly nor implicitly permitted pursuant to state law.

The Land Use Board of Appeals (LUBA) reversed a Clackamas County ordinance permitting short-term rental dwellings on resource land.  Clackamas County petitioned the decision, assigning error to LUBA’s conclusion that state law must explicitly provide for short-term rental use of resource land for otherwise-authorized dwelling use.  Petitioners argue that short-term rental use is allowed unless explicitly prohibited by state or local law and further does not require explicit provisions approving use.  1000 Friends of Or. V. Clackamas Cnty.. 320 Ore. App. 444 at 12-3 (2022).   Responding, 1000 Friends of Oregon argued that the County ordinance allows a “dwelling” to function as a business on resource land and is thus outside the scope of permitted uses pursuant to state law.  Short-term rental use of "dwellings" and "residences" on resource land is neither explicitly nor implicitly permitted pursuant to state law. On review, the Court of Appeals held that the County’s ordinances are unlawful and conflict with state law, because short-term rentals fundamentally alter resource land use from residential to commercial.  Affirmed.