This guide provides a clear and concise explanation of the process for dividing land designated for middle housing. If you plan to partition or subdivide land so that each dwelling unit is located on its own lot, you must follow the middle housing land division process. This process replaces the standard procedures for partitions and subdivisions outlined in this chapter.

The approval process begins with the tentative plan review and concludes with finalizing your land survey. Below, you will find a step-by-step breakdown of the process and requirements. 

Why This Process Matters

The middle housing land division process is crucial for ensuring that housing developments meet local and state regulations while supporting the community's housing needs. By following these steps, property owners and developers can create housing that complies with zoning laws, infrastructure standards, and environmental considerations. This process is designed to streamline approvals while maintaining transparency and fairness for all stakeholders, including neighborhood associations and nearby residents.

This guide is relevant to property owners, developers, and community members who want to understand how middle housing land divisions are reviewed and approved. It ensures that everyone involved is informed about the steps, requirements, and opportunities for public input.

Step 1: Tentative Plan Review

If an applicant does not request a review under the procedures outlined in Salem Revised Code Chapter 300 the middle housing land division will be processed according to Oregon Revised Statutes 197.360 through Oregon Revised Statutes 197.380, instead of the procedures in Salem Revised Code Chapter 300. However, if the applicant chooses to have the application reviewed under Salem Revised Code Chapter 300, it will follow the Type II Procedure specified in that chapter.

Application Process

1. Neighborhood Association Contact

Before submitting your application, pursuant to Salem Revised Code 300.310, you must contact the neighborhood association(s) whose boundaries include or are adjacent to your property. Send an email or letter to the association chair(s) and land use chair(s) with the following details:

• Applicant name, phone number, and email address.
•  The property address.
• A summary of the proposal.
• A conceptual site plan, if applicable, that includes the proposed development.
• The date you sent the email or letter.

2. Submit Your Application 

Complete all items listed in the application checklist (see below) and submit them through the Permit Application Center Portal.

 3. Completeness Review

City staff will review your application to ensure it is complete. If information is missing, you will have 180 days to provide the required details. Once deemed complete, the public comment period begins.

Track the status of your application at the City of Salem permit tracking webpage.

4. Public Comment Period

City staff will issue a notice of proposal to the applicant, property owner(s), the neighborhood association(s), property owners within 250 feet, all address within 250 feet, all address on the subject property and any active and duly incorporated Homeowner's Association associated with property. The notice will specify a 14-day public comment period.

5. Conformance review

City staff will review your plan to ensure it meets the criteria in Salem Revised Code 205.005(d).

6. Decision

The Planning Administrator will review the proposal and decide to approve or deny the application based on whether it meets the applicable criteria.

City Staff will send a copy of the decision, which includes information about the 15-day appeal period, to the applicant, property owner(s), the neighborhood association, property owners within 250 feet, all address within 250 feet, all address on the subject property, and any active and duly incorporated Homeowner's Association associated with the property.

If no appeal is submitted and the City Council does not initiate a review of the application, the tentative plan decision will become final and effective. 

Expedited Land Division Option

If you are requesting an expedited land division be processed pursuant to ORS197.360 through ORS 197.380 you must submit an expedited land division application and a written statement explaining how your proposal qualifies.

Application Checklist

To successfully submit your application for a middle housing land division, you must include the following items. Each item is essential to ensure your application is processed without delays:

1. Completed Land Use Application Form

• Fill out the official land use application form provided by the City of Salem.
• Ensure the form is signed by both the applicant and the property owner(s).

2. Application Fee

• Pay the required application fee at the time of submission. The fee amount can be found on the City of Salem's fee schedule or by contacting the Permit Application Center.

3. Recorded Deed or Land Sales Contract 

•  Provide a copy of the recorded deed or land sales contract for the property.
• Include the legal description of the property and ensure it reflects the total contiguous ownership.

4. Homeowners Association Information 

•  If the property is part of an active and duly incorporated Homeowner's Association registered with the Oregon Secretary of State, include the following details:
  • Homeowners Association name.
  • Name of the registered agent.
  • Mailing address for the registered agent.

5. Trip Generation Estimate form.

• Complete the Trip Generation Estimate form, which helps determine if a Transportation Impact Analysis is necessary.

6. Neighborhood Association Contact Documentation

•  Submit proof of contact with the neighborhood association(s) whose boundaries include or are adjacent to the property.
• Include:
  • A copy of the email or letter sent to the neighborhood association.
  • A list of email or postal addresses to which the email or letter was sent.
• This  documentation is mandatory, the application will not be accepted without it.

7. Written statement.

• Provide a detailed written statement describing your proposal.
• Explain how it meets the criteria for a middle housing land division tentative plan as outlined in Salem Revised Code 205.051, specifically, address:

• The middle housing land division is for an existing proposed middle housing development.
• The existing or proposed middle housing development complies with the Oregon residential specialty code and all applicable standards of the Unified Development Code, including, but not limited to, the following, as those standards apply to the existing lot prior to division. 
• Lot standards, including, but not limited to, standards for lot area, lot width and depth, lot frontage, and designation of front and rear lot lines;
  • City Infrastructure standards; and 
  • Any special development standards, including, but not limited to, floodplain development, special setbacks, geological or geotechnical analysis, and vision clearance. 
• The existing or proposed middle housing development will comply with all applicable provisions of the Building Code and the Oregon residential specialty code, as those standards apply to the buildings and accessory structures on the proposed lots subsequent to division.
• The street(s) abutting the middle housing land division conform to the Salem Transportation System Plan.
• The tentative plan results in exactly one dwelling unit on each proposed lot, except for lots or tracts used as common areas.
• Separate utilities are provided for each dwelling unit.
• All access and utility easements necessary to serve each dwelling unit are provided on the tentative plan for:
  • Locating, accessing, servicing, and replacing all utilities;
  • Pedestrian access from the primary entrance of each dwelling unit to a public or private street;
  • Any driveways or off-street parking;
  • Any common use areas or shared building elements; and
  • Any common area.
• The type of middle housing on the existing lot is not altered by the proposed middle housing land division.

8. Title Report

• Submit a current title report for the property.

9. Tree Inventory and Conservation Plan.

• You must complete and submit a tree inventory on a form as provided by the Director.
• if required under Salem Revised Code Chapter 808, include a tree conservation plan.

10. Preliminary Grading Plan

• Submit a preliminary grading plan if grading will be necessary to accommodate the proposed development.

11. Geological Assessment or Geotechnical Report

• If required by Salem Revised Code Chapter 810, provide a geological assessment or geotechnical report.

12. Proposed Stormwater Management System

• Include a description of the proposed stormwater management system. Provide details on pre- and post-construction conditions, prepared in accordance with the Public Works Design Standards.

13. Schematic Utility Plan

• Submit a schematic utility plan showing the location of existing and proposed City infrastructure.

14. Expedited Land Division Form

• If you are requesting an expedited land division, complete and submit the expedited land division application form. Provide a written statement explaining how your proposal qualifies for expedited processing under state law.
• You must indicate on this form whether you are requesting an expedited land division process.

15. Tentative Plan

• The plan must include the following information:

• Title Block Area:
• Type of application (i.e., "Middle Housing Land Division Tentative Plan").
• Names and addresses of the landowner(s).
• Names and addresses of the professional engineers or surveyors responsible for preparing the plan, the township, range and section of the subject property.
• Scale and north arrow.
•  Property Details
  • Location of all property lines within 50 feet of the perimeter of the subject property.
  • Boundaries, dimensions, and area of each proposed parcel.
  • Location, width, and names of all existing streets, flag lot accessways, and public accessways abutting the perimeter of the subject property.
  • Location, width, curve radius, grade, and names of all proposed streets, flag lot accessways, and public accessways.
  • Location of all existing and proposed easements.
  • Location, dimensions and use of all existing and proposed public areas, including, but not limited to, stormwater management facilities, detention facilities.
  • Location, dimensions, and use of any existing buildings and structures on the subject property, indicating which will remain and which will be removed.
  • Location of any canals, ditches, waterways, detention facilities, sewage disposal systems, and wells on the subject property, indicating which will remain and which will be removed or decommissioned.
• Topography 
  • The location of any natural topographic features on the subject property, including, but not limited to, creeks, drainage ways as shown on the most recent USGS maps, wetlands as shown on the Local Wetland Inventory, and flood plains.
  • For middle housing land divisions proposing the creation of four or more lots, site topography shown at five-foot contour intervals, or two-foot contour intervals for areas within a floodplain.

Step 2: Finalize Your Land Survey (Plat)

Once your tentative plan is approved, you will work with the City’s Public Works Department and your land surveyor to finalize your land survey and record your plat.

Learn How to Finalize Your Land Survey

For additional assistance, contact the City of Salem’s Permit Application Center.