In 2024, DLCD led the development of a report about land use, building codes, and permitting-related barriers to building new or expanding existing child care facilities. This page includes the final report in addition to individual elements of the work.
Background
In response to the critical need for child care access in the state, the Oregon legislature passed
House Bill 2727 in 2023, requiring a study to examine strategies for reducing the regulatory barriers to expanding early learning and care facilities. The bill directed DLCD, with assistance from the
Department of Early Learning and Care, to convene a diverse work group to conduct a study and prepare a report that examined regulatory barriers to developing and expanding child care facilities in Oregon and proposed recommendations to address identified challenges.
The project included three distinct phases:
- Establishing background,
- Researching barriers, and
- Developing recommendations to reduce barriers.
DLCD submitted the
final report and recommendations to the legislature in December 2024. For the work group’s recommendations and final report, case studies, information about engagement, and general project materials please see the sections below.
Recommendations
The work group developed a
comprehensive set of recommendations aimed at addressing barriers to the development and expansion of child care facilities in Oregon. Some recommendations would require legislative action and/or funding, while others are actions that could occur at the local government level. The work group also included a
detailed recommendations table identifying potential responsible agencies. The work group also provided specific recommendations for each of the five local jurisdictions that participated in the work group – Portland, Bend, Coos Bay, Benton County, and Clatsop County - included as an
appendix in the final report.
The work group identified 11 of the 38 total recommendations as top priority:
- Develop a comprehensive guide for local jurisdictions that includes:
- A model zoning code for child care development regulations.
- Best practices to streamline the permitting process for child care facilities.
- Policies and programs local jurisdictions can choose to implement to incentivize and prioritize the development of child care facilities.
- Develop and issue official guidance for cities and counties on implementing
Oregon Revised Statute 197.691 (formerly ORS 329A.440), which sets forth how local governments can apply land use regulations related to family child care homes and certified child care centers. This could occur as a stand-alone measure but would be required as an initial first step to complete Priority Recommendation 1.
- Create and/or expand dedicated grant funding programs for child care facility development.
- Create positions for local or regional “navigators" to provide technical assistance to providers during the licensing and development process.
- Establish a streamlined building permit process for in-home child care.
- Permit child care centers by right in residential zones.
- Develop a comprehensive guide translated into multiple languages for child care providers looking to establish or expand a child care facility.
- Exempt certain types of site changes from triggering the Conditional Use Modification review.
- Develop and issue official guidance for implementing
ORS 215.283(2)(dd) on child care centers in resource zones and
ORS 215.448 on home occupations to encourage a consistent approach to permitting rural child care facilities statewide.
- Expedite permitting procedures and offer fee reductions for child care facilities.
- Provide funding to local governments to translate materials and forms and provide technical interpretation services.
Case studies
The report includes
case studies, drawn from experiences of child care providers and architects, to offer real-life examples of the challenges faced in starting or expanding child care facilities.
The case studies were identified through engagement with the work group and community outreach with providers and underscore the range and depth of barriers to expanding access to child care in Oregon.
Engagement
The project team used various qualitative research methods to address the complex landscape of child care facility development, including varied geographic contexts, facility types, local regulatory frameworks, and the wide-ranging experiences of regulators and providers in navigating the development process. To achieve this, the project team used three main avenues for engagement:
- The project work group,
- Online surveys, and
- Interviews and focus groups.
See the
Summary of Community Engagement for work group meeting summaries, survey findings, and the community engagement scope and themes. Recordings of the work group meetings are available on
DLCD’s YouTube channel.
Final Report and Materials