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Rebuilding After the 2020 Fires: Which Rules Still Apply?

ExplainerOregon + McKenzie RiverLast reviewed October 2026

Most of the special rebuild deadlines from the 2020 wildfires passed on September 30, 2025. A few protections run to 2030. Here is what expired, what is still open, and what to do if you haven’t rebuilt yet.

The short answer

After the September 2020 wildfires, Oregon passed temporary laws that made rebuilding easier. Most of their application deadlines ended September 30, 2025. Two protections remain: if your replacement home was approved under the 2021 rebuild law (HB 2289), you have until December 30, 2030 to start building, and the state extended temporary living in RVs and similar shelters to about September 2030. If you missed a deadline, you may still be able to rebuild under the normal zoning rules. Talk to the county before you assume the answer is no.

Who this is for

  • Owners who lost a home or business in the 2020 Labor Day fires and haven’t rebuilt
  • Survivors living in an RV or temporary shelter on their property
  • Buyers looking at a burned lot and wondering what can be built
  • Leaders in other towns planning for the next disaster

Key dates

Sept 30, 2025

most deadlines passed

Last day to apply under HB 2289, or to start a restoration under SB 405.

Sept 2030

temporary living ends

Lane County RV permits now run to Sept 5, 2030, under a 2026 state rule.

Dec 30, 2030

start building by

An HB 2289 approval expires if construction hasn’t started.

What expired, and what’s still open

The temporary rules came from state laws, state agency rules and Lane County’s own process. Status is as of October 2026.

Rule What it did Deadline Status now
Temporary living (RVs, yurts, tents), state rule LCDD 8-2026Lets survivors live on their land while rebuildingAbout Sept 2030; two 12-month extensions possibleOpen
Replacement dwelling, HB 2289 (2021)Required approval of a home up to 10% larger, roughly in the old footprintApply by Sept 30, 2025; start by Dec 30, 2030Closed to new; approvals valid
Septic repair, HB 2289 (2021)DEQ must decide repair or replacement permits for approved dwellingsLaw sunsets Jan 2, 2031Open for approved dwellings; ask DEQ if it applies to you
Nonconforming use restoration, SB 405 (2021)Gave burned nonconforming uses longer than the usual one year to restoreStart by Sept 30, 2025; repealed Jan 2, 2026Expired
Lane County Rural Residential and Rural CommercialSimpler replacement without new land use reviewSept 30, 2025Expired
Lane County EFU (farm) replacement rightsVerification of Replacement RightsJan 2, 2024Expired
Lane County F-1 and F-2 (forest) replacement rightsVerification of Replacement RightsMay 8, 2021Expired; the 2026 state rule changed some forest-zone time limits, so ask the county

On the McKenzie

As of early 2026, the state reported that 225 Lane County owners had rebuilt, 35 homes were under construction and 256 owners hadn’t started. About 60 county-permitted RVs were still housing survivors.

River setbacks still apply: 100 feet from the high-water mark in farm and forest zones, 50 feet in rural residential zones (Lane Code 16.253). Floodplain rules are being enforced strictly: in September 2026 the county reversed a floodplain waiver after FEMA warned it could put the county’s flood insurance program at risk.

Start with the planner on duty at Lane County Land Use Planning & Zoning.

“Multifaceted, complex, and time-consuming.”
Oregon DLCD, describing wildfire recovery when it proposed extending temporary housing, January 2026

If you missed a deadline

Missing a special deadline doesn’t always mean you can’t rebuild. It usually means you go through the normal process instead, which can take longer, cost more and come with more conditions.

  • Check what your zone allows today. Some zones allow a new or replacement dwelling through a standard application, such as Lane County’s F-2 replacement dwelling application.
  • Prove what existed. Photos, permits, tax records and county aerial imagery can show the home was lawful. Keep everything you have.
  • Confirm your lot is a lawful unit of land. Some replacements need this review first.
  • Get advice before you buy or build. Land use attorneys and planners can tell you whether another path exists. MCP can’t give legal advice.

In your community

After a disaster, the clock that matters most is often the nonconforming use clock. In Oregon it is normally one year from when a use is interrupted. Ask your county right away how long you have, whether temporary housing is allowed, and whether special rules are coming. The 2020 Oregon fires showed that extensions take years of advocacy, and many owners needed every one of them.

Step by step

  1. Find your zone and gather records. Look up your zone on the county map. Collect photos, old permits and tax records.
  2. Check what you filed. Did you get an HB 2289 approval or verification of replacement rights? Ask the county for the file.
  3. Talk to the planner on duty. Confirm which path applies to your lot and what it will require.
  4. Check river and floodplain rules. Riparian setbacks and floodplain permits can change where and how you rebuild.
  5. Apply, and keep temporary housing current. Submit planning, building and septic applications. Renew your RV permit before it lapses.

Questions to ask the county

  • Do you have any approval or replacement-rights decision on file for my property?
  • If my special deadline has passed, what path is left for my zone?
  • Does the 2026 state rule change any deadline that applies to me?
  • Will my rebuild need riparian or floodplain review?
  • When does my temporary housing permit expire, and how do I extend it?

Funding this

Federal recovery funds for Holiday Farm Fire housing

In 2025 Lane County proposed using about $17.4 million in federal disaster recovery (CDBG-DR) funds for housing, including home rehabilitation and reconstruction help through the state’s HARP program. Ask the county’s disaster recovery staff what is open now and how to apply.

Where to find help

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