2021 Oregon Revised Statutes
Chapter 092 - Subdivisions and Partitions
Section 92.040 - Application for approval of subdivision or partition; tentative plan; applicability of local government laws.


(2) After September 9, 1995, when a local government makes a decision on a land use application for a subdivision inside an urban growth boundary, only those local government laws implemented under an acknowledged comprehensive plan that are in effect at the time of application shall govern subsequent construction on the property unless the applicant elects otherwise.
(3) A local government may establish a time period during which decisions on land use applications under subsection (2) of this section apply. However, in no event shall the time period exceed 10 years, whether or not a time period is established by the local government. [Amended by 1955 c.756 §7; 1973 c.696 §7; 1983 c.826 §8; 1989 c.772 §5; 1995 c.812 §9; 2005 c.22 §71]
Note: Sections 1 and 2, chapter 442, Oregon Laws 2013, provide:
Sec. 1. When the owner of property that is located in a city in Wasco County with a population greater than 5,000 and that is zoned for residential use files an application for a partition, as defined in ORS 92.010, or a subsequent application for a permit in furtherance of the partition, for the property, the city may not, as a condition of approval of the application:
(1) Assess:
(a) A charge in lieu of forming a local improvement district; or
(b) A prepayment against an assessment for a future local improvement district; or
(2) Require the owner of the property to enter into a nonremonstrance agreement with respect to the future formation of a local improvement district. [2013 c.442 §1]
Sec. 2. Section 1 of this 2013 Act is repealed on July 1, 2023. [2013 c.442 §2]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 03 - Landlord-Tenant, Domestic Relations, Probate

Chapter 092 - Subdivisions and Partitions

Section 92.010 - Definitions for ORS 92.010 to 92.192.

Section 92.014 - Approval of city or county required for specified divisions of land.

Section 92.016 - Sale or negotiation to sell lot or parcel prior to approval of tentative plan.

Section 92.017 - Lawfully created units of land; judgments relocating property lines.

Section 92.018 - Buyer’s remedies for purchase of improperly created unit of land.

Section 92.025 - Prohibition of sale of lot or parcel prior to recordation of plat; waiver.

Section 92.027 - Deed reference to creation of unit of land.

Section 92.031 - Middle housing land division; conditions of approval.

Section 92.040 - Application for approval of subdivision or partition; tentative plan; applicability of local government laws.

Section 92.042 - Governing body having jurisdiction to approve plans, maps or plats.

Section 92.044 - Adoption of standards and procedures governing approval of plats and plans; delegation; fees.

Section 92.046 - Adoption of regulations governing approval of partitioning of land; delegation; fees.

Section 92.048 - Procedure for adoption of regulations under ORS 92.044 and 92.046.

Section 92.050 - Requirements of survey and plat of subdivision and partition.

Section 92.055 - Requirements for unsurveyed and unmonumented parcels on plats.

Section 92.060 - Marking subdivision, partition or condominium plats with monuments; types of monuments; property line adjustment.

Section 92.065 - Monumenting certain subdivision corners after recording plat; bond, cash deposit or other security.

Section 92.070 - Surveyor’s certificates; procedure for recording monumented corners on plat previously recorded; reestablishing certain monuments.

Section 92.075 - Declaration required to subdivide or partition property; contents.

Section 92.090 - Approval of subdivision plat names; requisites for approval of tentative subdivision or partition plan or plat.

Section 92.095 - Payment of taxes, interest or penalties before subdivision or partition plat recorded.

Section 92.097 - Employment of registered engineer by private developer; government standards and fees.

Section 92.100 - Approval of plat by city or county surveyor; procedures; approval by county assessor and county governing body; fees.

Section 92.103 - Notice to district of tentative plan.

Section 92.104 - District to report boundary locations.

Section 92.120 - Recording plats; filing copies; preservation of records.

Section 92.140 - Indexing of plats.

Section 92.170 - Amending recorded plat; affidavit of correction; fees.

Section 92.175 - Methods by which certain land may be provided for public purposes.

Section 92.176 - Validation of unit of land not lawfully established.

Section 92.177 - Creation of parcel by less than all owners of lawfully established unit of land.

Section 92.178 - Creation of parcel previously approved but not acted upon.

Section 92.179 - Liability for costs of relocating utility facilities.

Section 92.180 - Authority to review replats.

Section 92.185 - Reconfiguration of lots or parcels and public easements; vacation; notice; utility easements.

Section 92.190 - Effect of replat; operation of other statutes; use of alternate procedures.

Section 92.192 - Property line adjustment; zoning ordinances; size of unit of land.

Section 92.205 - Policy.

Section 92.215 - Review authorized; manner.

Section 92.225 - Review of undeveloped or developed subdivision plat lands.

Section 92.234 - Revision, vacation of undeveloped subdivisions; vacation proceedings; effect of initiation by affected landowner.

Section 92.305 - Definitions for ORS 92.305 to 92.495.

Section 92.313 - Policy; construction; citation.

Section 92.325 - Application of ORS 92.305 to 92.495.

Section 92.337 - Exemption procedures; withdrawal of exemption; filing fee.

Section 92.345 - Notice of intention; fee.

Section 92.355 - Commissioner may request further information; content.

Section 92.365 - Filing information to be kept current; fee for notice of material change.

Section 92.375 - Consent to service of process on commissioner.

Section 92.377 - Written notice to land division applicant.

Section 92.385 - Examination; public report; waiver of examination in other state.

Section 92.405 - Sale prohibited where public report not waived; distribution and use of public report.

Section 92.410 - Review of subdivisions for which public report issued; revised public report; compliance with ORS 92.305 to 92.495.

Section 92.425 - Conditions prerequisite to sale.

Section 92.427 - Cancellation of agreement to buy interest in subdivision or series partition; procedure; effect; waiver; exemptions.

Section 92.430 - Notice to purchaser of cancellation rights; form.

Section 92.433 - Escrow documents required of successor to vendor’s interest.

Section 92.460 - Blanket encumbrance permitted only in certain circumstances.

Section 92.465 - Fraud and deceit prohibited.

Section 92.490 - Civil penalty.

Section 92.495 - Cease and desist order; injunction.

Section 92.830 - Definitions for ORS 92.830 to 92.845.

Section 92.832 - Policy.

Section 92.835 - Subdivision of manufactured dwelling park or mobile home park; waiver of right of remonstrance to formation of local improvement district.

Section 92.837 - Application of city or county comprehensive plans and land use regulations; placement of new or replacement manufactured dwelling.

Section 92.839 - Notice to tenants of conversion and tenants’ rights during conversion.

Section 92.840 - Sale of subdivision lots; offer to sell lot to tenant; improvement or rehabilitation of park proposed for subdivision; continuation of tenancy on lot in subdivision.

Section 92.843 - Approval of declaration or amendment to declaration made pursuant to ORS 92.845.

Section 92.845 - Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes; system development charges.

Section 92.990 - Penalties.