Malheur County

Malheur has not been researched in detail here. What follows is Oregon law that applies statewide, plus this county’s recorded position on the two optional housing statutes. Its own development code will add requirements this does not capture. Malheur County Code 6-4-11 states that recreational vehicles may not be occupied as a permanent dwelling in any zone and may not be occupied for additional living space, allowing temporary occupancy only. No accessory dwelling unit provision appears in the Title 6 zoning text as proposed for amendment in May 2026.

Last verified August 16, 2026 · County planning department

Statewide law only — Malheur County has not been researched here.

What follows is Oregon law that applies in every county, plus Malheur County’s recorded position on the two optional rural housing statutes. Its own development code and district codes have not been read, and add requirements this does not capture.

District codes not fully confirmed. No local district codes are listed for this county, because inventing them would be worse than offering none. Districts are selected by broad class instead, or supplied by the address lookup from the state zoning layer.

Checked 2026-08-16. District names and acreages change; confirm the district for a specific parcel with the county.

General planning information, not legal advice. Describes what generally applies in a district, not a specific property. Confirm with the county — how this works.

Rural districts

Local district codes vary between counties. Each maps to a broader class that determines which pathways generally apply.

Exclusive farm use

Land zoned primarily to protect commercial agriculture. New dwellings are generally not allowed unless a narrow statutory test is met, and those tests are fact-intensive rather than automatic.

See pathways

Forest

Forest / conservation

Land zoned primarily to protect forest use and conservation values. New dwellings are generally not allowed except through narrow statutory tests, often with additional fire-related siting requirements.

See pathways

Mixed farm and forest

Land zoned for a mix of farm and forest use, typically in larger parcels. Dwelling approval is generally constrained and depends heavily on parcel history and the specific county's provisions.

See pathways

Rural residential

Land zoned to allow rural living on acreage. This is generally where a first dwelling is most likely to be achievable, and where second-dwelling options such as accessory dwellings or RVs are most likely to be available if the county permits them at all.

See pathways

Pathways in this county

raw holdGenerally available
Holding land without placing a dwelling on it is generally available. Under Oregon’s assessed value limit, the tax base on unimproved land generally grows slowly until new construction occurs.
Last verified August 16, 2026 · source
raw holdGenerally available
Holding the land without placing a dwelling on it is generally available. But a parcel in a farm or forest district is generally not idle land in the way the phrase suggests: it is usually under farm or forest special assessment, which is why the tax bill is small relative to the acreage. That assessment is tied to the land continuing in its qualifying use, the potential liability generally passes to a buyer on sale rather than staying with the seller, and disqualification generally adds additional tax to the next roll — for designated forestland, the difference between five years of tax paid and what would have been paid at real market value. Buying such a parcel and simply letting it sit is therefore the plan most likely to trigger that, rather than the safest one.
Last verified August 16, 2026 · source
primary dwellingAvailable with conditions
In farm and forest districts, new dwellings are generally not allowed unless a narrow statutory test is met. These tests turn on parcel history, soil productivity and the specific facts of the property, and they are decided by the county rather than being automatic. This reflects statewide law only — the county has not been researched here, and its own provisions may add requirements or narrow this further.
Last verified August 16, 2026 · source
primary dwellingAvailable with conditions
Rural residential districts are generally the most likely rural districts to support a first dwelling, subject to the county’s development standards, approved sanitation, legal access and applicable setbacks. This reflects statewide law only — the county has not been researched here, and its own provisions may add requirements or narrow this further.
Last verified August 16, 2026 · source
non resource rezoneAvailable with conditions
Changing the plan designation and zoning of resource land is generally a long, costly and uncertain undertaking rather than a routine application, and it is generally only worth considering by someone who already owns the property. Market demand alone is generally not sufficient grounds.
Last verified August 16, 2026 · source
second dwelling rvNot adopted by this county
The state option allowing a recreational vehicle as a second dwelling is adopted county by county, and this county’s own materials show it has not been taken up. Counties can adopt at any time, so this is worth re-checking. Recorded for Malheur: Malheur County Code 6-4-11 states that recreational vehicles may not be occupied as a permanent dwelling in any zone and may not be occupied for additional living space, allowing temporary occupancy only. No accessory dwelling unit provision appears in the Title 6 zoning text as proposed for amendment in May 2026.
Last verified September 9, 2026 · source
second dwelling aduNot adopted by this county
Rural accessory dwelling units are allowed county by county, and this county’s own materials show they have not been taken up outside urban growth boundaries. Counties can adopt at any time, so this is worth re-checking. Recorded for Malheur: Malheur County Code 6-4-11 states that recreational vehicles may not be occupied as a permanent dwelling in any zone and may not be occupied for additional living space, allowing temporary occupancy only. No accessory dwelling unit provision appears in the Title 6 zoning text as proposed for amendment in May 2026.
Last verified September 9, 2026 · source
short term rentalNot yet researched
Oregon has no statewide short-term rental permit scheme, so treatment varies entirely by county and has not been researched here. Lodging taxes may apply regardless of whether a permit is required. Note that this pathway presupposes a lawfully established dwelling to let. Note separately that state law generally bars vacation occupancy of both a rural accessory dwelling unit and a rented recreational vehicle.
Last verified August 16, 2026 · source