2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 197 - Comprehensive Land Use Planning I

Section 197.015 - Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325. - (1) "Acknowledgment" means a commission order that certifies that a...

Section 197.022 - Policy regarding ORS 215.433 and 227.184. - Note: 197.022 was enacted into law by the Legislative Assembly...

Section 197.030 - Land Conservation and Development Commission; members; appointment; confirmation; term; vacancies. - (2) The Governor shall appoint to the commission: (a) One...

Section 197.035 - Officers; quorum; compensation and expenses. - (2) A majority of the members of the commission constitutes...

Section 197.040 - Duties of commission; rules. - (a) Direct the performance by the Director of the Department...

Section 197.045 - Powers of commission. - (1) Apply for and receive moneys from the federal government...

Section 197.047 - Notice to local governments and property owners of changes to commission rules or certain statutes; form; distribution of notice; costs. - (2) At least 90 days prior to the final public...

Section 197.050 - Interstate agreements and compacts; commission powers. - (1) Negotiate with the interstate agency in defining the areas...

Section 197.060 - Biennial report; draft submission to legislative committee; contents. - (2) A draft of the report required by subsection (1)...

Section 197.065 - Biennial report analyzing uses of certain land; annual local government reports. - (a) New and replacement dwellings: (A) Under ORS 215.213 (1)(d)...

Section 197.075 - Department of Land Conservation and Development. - Note: Section 11, chapter 592, Oregon Laws 2021, provides: Sec....

Section 197.085 - Director; appointment; compensation and expenses. - (2) In addition to salary, the director shall be reimbursed,...

Section 197.090 - Duties and authority of director; appealing local land use decision; rules. - (a) Be the administrative head of the Department of Land...

Section 197.095 - Land Conservation and Development Account. - (2) All fees, moneys and other revenue received by the...

Section 197.158 - Policy-neutral review and audit of statewide land use program. - (2) The commission shall sequence any review based on its...

Section 197.160 - State Citizen Involvement Advisory Committee; city and county citizen advisory committees. - (a) The Land Conservation and Development Commission shall appoint a...

Section 197.173 - Findings regarding coordination between state agencies and local governments. - (1) Improving coordination and consistency between the duties and actions...

Section 197.175 - Cities’ and counties’ planning responsibilities; rules on incorporations; compliance with goals. - (2) Pursuant to ORS chapters 195, 196 and 197, each...

Section 197.178 - Development applications; reporting to Department of Land Conservation and Development. - (a) The total number of complete applications received for residential...

Section 197.180 - State agency planning responsibilities; determination of compliance with goals and compatibility with plans; coordination between agencies and local governments; rules; exceptions. - (a) In compliance with the goals, rules implementing the goals...

Section 197.183 - Local government to notify Department of Aviation of applications received for certain water impoundments. - (2) The department has no authority to make final a...

Section 197.186 - Removal from buildable lands inventory of land subject to open space tax assessment; reapplication for assessment. - (2) A landowner who wishes to reapply for current open...

Section 197.195 - Limited land use decision; procedures. - (2) A limited land use decision is not subject to...

Section 197.200 - Refinement plan; procedures for land division, site or design review within area subject to plan. - (2) A refinement plan is more detailed than a comprehensive...

Section 197.230 - Considerations; finding of need required for adoption or amendment of goal. - (a) Assess: (A) What economic and property interests will be,...

Section 197.235 - Public hearings; notice; citizen involvement implementation; submission of proposals. - (a) Hold at least 10 public hearings throughout the state,...

Section 197.240 - Commission action; public hearing; notice; amendment; adoption. - (1) Hold at least one public hearing on the proposed...

Section 197.251 - Compliance acknowledgment; commission review; rules; limited acknowledgment; compliance schedule. - (2) In accordance with rules of the commission, the Director...

Section 197.254 - Bar to contesting acknowledgment, appealing or seeking amendment. - (a) The state agency has not complied with ORS 197.180;...

Section 197.265 - State compensation for costs of defending compliance actions. - (2) If any action is brought against a local government...

Section 197.274 - Review of Metro regional framework plan. - (a) For compliance with land use planning statutes, statewide land...

Section 197.277 - Oregon Forest Practices Act; exclusion. - (2) No goal or rule shall be adopted, construed or...

Section 197.279 - Approved wetland conservation plans comply with goals; exception; rules. - (2) Wetland conservation plans shall be adopted and amended by...

Section 197.283 - Commission to assure protection of ground water resources. - (2) The commission shall direct the Department of Land Conservation...

Section 197.286 - Definitions for ORS 197.286 to 197.314 and 197.475 to 197.490. - (1) "Buildable lands" means lands in urban and urbanizable areas...

Section 197.290 - Housing production strategy. - (2) A housing production strategy must include a list of...

Section 197.291 - Review of housing production strategy. - (2) The submission under subsection (1) of this section must...

Section 197.293 - Identification of cities with unmet housing needs; effect. - (a) Achieved production of needed housing within their jurisdiction; or...

Section 197.296 - Analysis of housing capacity and needed housing by Metro, cities outside of Metro and smaller cities; accommodation of housing need. - (b) The Land Conservation and Development Commission may establish a...

Section 197.297 - Analysis of housing capacity and needed housing in Metro cities. - (a) Inventory the supply of buildable lands within the city...

Section 197.298 - Priority of land to be included within urban growth boundary. - (a) First priority is land that is designated urban reserve...

Section 197.299 - Metro accommodation of needed housing and school lands. - (2)(a) The metropolitan service district shall take such action as...

Section 197.301 - Metro report of performance measures. - (2) Performance measures subject to subsection (1) of this section...

Section 197.302 - Metro determination of buildable land supply; corrective action; enforcement. - (2) Within two years of submitting a corrective action plan...

Section 197.303 - "Needed housing" defined. - (a) Attached and detached single-family housing and multiple family housing...

Section 197.304 - Lane County accommodation of needed housing. - (a) Establish an urban growth boundary, consistent with the jurisdictional...

Section 197.307 - Needed housing policy; clear and objective standards for housing; siting of manufactured dwellings. - (2) Many persons of lower, middle and fixed income depend...

Section 197.308 - Affordable housing allowed outright; density bonuses. - (a) In which: (A) Each unit on the property is...

Section 197.309 - Local requirements to develop affordable housing. - (a) "Affordable housing" means housing that is affordable to households...

Section 197.311 - Final action on affordable housing application; affordable housing developed by religious corporation. - (a) "Affordable housing" means housing that is affordable to households...

Section 197.312 - Limitation on city and county prohibitions. - (2)(a) A single-family dwelling for a farmworker and the farmworker’s...

Section 197.314 - Required siting of manufactured homes; minimum lot size; approval standards. - (2) Cities and counties shall adopt and amend comprehensive plans...

Section 197.319 - Procedures prior to request of an enforcement order. - (a) Present the reasons, in writing, for such an order...

Section 197.320 - Power of commission to order compliance with goals and plans. - (1) A comprehensive plan or land use regulation adopted by...

Section 197.324 - Proceedings prior to order of compliance with goals; disclosure notice. - (2)(a) After a person meets the requirements of ORS 197.319,...

Section 197.328 - Procedures to consider order to comply with goals. - (1) The Land Conservation and Development Commission shall hold a...

Section 197.335 - Order for compliance with goals; review of order; withholding grant funds; injunctions. - (a) The nature of the noncompliance, including, but not limited...

Section 197.340 - Weight given to goals in planning practice; regional diversity and needs. - (2) The commission and the department shall consider and recognize...

Section 197.350 - Burden of persuasion or proof in appeal to board or commission. - (2) A local government that claims an exception to a...

Section 197.353 - Measure 37 timelines; death of claimant. - (a) "Claimant" means a person that makes a Measure 37...

Section 197.360 - "Expedited land division" defined; applicability. - (a) "Expedited land division" means a division of land under...

Section 197.365 - Application; notice to neighbors; comment period. - (1)(a) If the application for a land division is incomplete,...

Section 197.370 - Failure of local government to timely act on application. - (2) After seven days’ notice to the applicant, the governing...

Section 197.375 - Appeal of local government to referee; Court of Appeals. - (a) An appeal must be filed with the local government...

Section 197.390 - Activities on federal land; list; permit required; enjoining violations. - (2) No activity listed by the commission pursuant to subsection...

Section 197.395 - Application for permit; review and issuance; conditions; restrictions; review. - (2) If the local government finds after review of the...

Section 197.405 - Designation of areas of critical state concern; commission recommendation; committee review; approval by Legislative Assembly. - (a) Shall specify the reasons for the implementation of additional...

Section 197.410 - Use and activities regulated; enjoining violations. - (2) Any person or agency acting in violation of subsection...

Section 197.416 - Metolius Area of Critical State Concern. - (2) Pursuant to ORS 197.405 (4), the Legislative Assembly hereby...

Section 197.430 - Enforcement powers. - (1) Investigate, hold hearings, enter orders and take action that...

Section 197.431 - Expansion of speedway destination site. - (a) Located in Morrow County within township 4 north, range...

Section 197.432 - Definitions for ORS 197.431 to 197.434. - (1) "Associated uses and facilities" means: (a) Speedway-related and accessory...

Section 197.433 - Development of major motor speedway. - (a) Without taking further exception to the statewide land use...

Section 197.434 - Traffic impacts of speedway destination. - (2) The private developer, or the organizer of a specific...

Section 197.435 - Definitions for ORS 197.435 to 197.467. - (1) "Developed recreational facilities" means improvements constructed for the purpose...

Section 197.440 - Legislative findings. - (1) It is the policy of this state to promote...

Section 197.445 - Destination resort criteria; phase-in requirements; annual accounting. - (1) The resort must be located on a site of...

Section 197.455 - Siting of destination resorts; sites from which destination resort excluded. - (a) Within 24 air miles of an urban growth boundary...

Section 197.460 - Compatibility with adjacent land uses; county measures; economic impact analysis; traffic impact analysis. - (1) Important natural features, including habitat of threatened or endangered...

Section 197.465 - Comprehensive plan implementing measures. - (1) Map areas where a destination resort described in ORS...

Section 197.467 - Conservation easement to protect resource site. - (2) A conservation easement under this section shall be recorded...

Section 197.480 - Planning for parks; procedures; inventory. - (a) By zoning ordinance and by comprehensive plan designation on...

Section 197.485 - Prohibition on restrictions of manufactured dwelling. - (2) A jurisdiction may not prohibit placement of a manufactured...

Section 197.488 - Replacement of park destroyed by natural disaster. - (2) Notwithstanding ORS 215.130 (5) to (11) or any land...

Section 197.490 - Restriction on establishment of park. - (2) Notwithstanding the provisions of subsection (1) of this section,...

Section 197.492 - Definitions for ORS 197.492 and 197.493. - (1) "Manufactured dwelling park" has the meaning given that term...

Section 197.493 - Placement and occupancy of recreational vehicle. - (a)(A) Located in a manufactured dwelling park, mobile home park...

Section 197.505 - Definitions for ORS 197.505 to 197.540. - (1) "Public facilities" means those public facilities for which a...

Section 197.510 - Legislative findings. - (1) The declaration of moratoria on construction and land development...

Section 197.520 - Manner of declaring moratorium. - (a) Provides written notice to the Department of Land Conservation...

Section 197.522 - Local government to approve subdivision, partition or construction; conditions. - (a) "Needed housing" has the meaning given that term in...

Section 197.524 - Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits. - (a) Adopt a public facilities strategy under ORS 197.768; or...

Section 197.530 - Correction program; procedures. - (2) No moratorium adopted under ORS 197.520 (2) shall be...

Section 197.540 - Review by Land Use Board of Appeals. - (2) If the board determines that a moratorium or corrective...

Section 197.610 - Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development; rules. - (2) If a local government determines that emergency circumstances beyond...

Section 197.612 - Comprehensive plan or land use regulation changes to conform plan or regulations to new requirement in statute, goal or rule. - (a) The local government gives notice to the Department of...

Section 197.615 - Submission of adopted comprehensive plan or land use regulation changes to Department of Land Conservation and Development. - (2) The submission must contain the following materials: (a) A...

Section 197.620 - Appeal of certain comprehensive plan or land use regulation decision-making. - (2) Notwithstanding the requirements of ORS 197.830 (2) that a...

Section 197.625 - Acknowledgment of comprehensive plan or land use regulation changes; application prior to acknowledgment. - (a) The 21-day appeal period set out in ORS 197.830...

Section 197.626 - Submission of land use decisions that expand urban growth boundary or designate urban or rural reserves. - (a) An amendment of an urban growth boundary by a...

Section 197.627 - Meaning of "compliance with the goals" for certain purposes. - Note: 197.627 was made a part of ORS chapter 197...

Section 197.628 - Periodic review; policy; conditions that indicate need for periodic review. - (2) The Land Conservation and Development Commission shall concentrate periodic...

Section 197.629 - Schedule for periodic review; coordination. - (a) A city with a population of more than 2,500...

Section 197.633 - Two phases of periodic review; rules; appeal of decision on work program; schedule for completion; extension of time on appeal. - (2) The Land Conservation and Development Commission shall adopt rules...

Section 197.636 - Procedures and actions for failure to meet periodic review deadlines. - (2) If a local government fails to submit a work...

Section 197.637 - Department of Land Conservation and Development may request review by Housing and Community Services Department of certain local housing measures. - (2) The Land Conservation and Development Commission and the Director...

Section 197.638 - Department of Land Conservation and Development may request review by Oregon Business Development Department of local inventory and analysis of industrial and commercial land. - (2) The Land Conservation and Development Commission and the Director...

Section 197.639 - State assistance teams; alternative coordination process; grant and technical assistance funding; priority of population forecasting program; advisory committee. - (2) The Economic Revitalization Team may work with a city...

Section 197.644 - Modification of work program; exclusive jurisdiction of Land Conservation and Development Commission. - (a) Issues of regional or statewide significance arising out of...

Section 197.646 - Implementation of new requirement in goal, rule or statute; rules. - (2)(a) The Department of Land Conservation and Development shall notify...

Section 197.649 - Fees for notice; rules. - Note: See note under 197.646.

Section 197.650 - Appeal to Court of Appeals; standing. - (2) Jurisdiction for judicial review of a final order of...

Section 197.651 - Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission. - (2) Judicial review of any other final order of the...

Section 197.652 - Regional problem-solving process. - (2) If requested to participate, the department shall assist the...

Section 197.654 - Regional problem-solving goals, actions and agreements; implementation. - (a) Regional goals that describe how the region intends to...

Section 197.656 - Commission approval of comprehensive plans not in compliance with goals; written statement of disapproval; participation by state agencies; use of resource lands; rules. - (2) Following the procedures set forth in this subsection, the...

Section 197.659 - Commission approval of certain changes in comprehensive plans or land use regulations. - (2) The Department of Land Conservation and Development shall prepare...

Section 197.660 - Definitions. - (1) "Residential facility" means a residential care, residential training or...

Section 197.663 - Legislative findings. - (1) It is the policy of this state that persons...

Section 197.665 - Locations of residential homes. - (a) Any residential zone, including a residential zone which allows...

Section 197.667 - Location of residential facility; application and supporting documentation. - (2) A residential facility shall be a conditional use in...

Section 197.670 - Zoning requirements and prohibitions for residential homes and residential facilities. - (a) Deny an application for the siting of a residential...

Section 197.677 - Policy. - (1) Every state and local government agency that has powers,...

Section 197.680 - Legislative findings. - (1) This state has a large stock of existing farmworker...

Section 197.685 - Location of farmworker housing; approval standards. - (2) Farmworker housing within the rural area of a county...

Section 197.712 - Commission duties; comprehensive plan provisions; public facility plans; state agency coordination plans; compliance deadline; rules. - (2) By the adoption of new goals or rules, or...

Section 197.713 - Industrial development on industrial lands outside urban growth boundaries; exceptions. - (a) Industrial development, including accessory uses subordinate to the industrial...

Section 197.714 - Cooperation of county and city concerning industrial development. - (2) If the city objects to the authorization of industrial...

Section 197.716 - Industrial and employment uses in listed counties; economic opportunity analysis. - (a) "Economic opportunity analysis" means an analysis performed by a...

Section 197.717 - Technical assistance by state agencies; information from Oregon Business Development Department; model ordinances; rural economic development. - (a) Planning and zoning land adequate in amount, size, topography,...

Section 197.719 - Industrial use of abandoned or diminished mill sites; amendment of comprehensive plans and land use regulations; sewer facilities. - (a) Is located outside of urban growth boundaries; (b) Was...

Section 197.722 - Definitions for ORS 197.722 to 197.728. - (1) "Industrial use" means employment activities, including, but not limited...

Section 197.723 - Designation of regionally significant industrial areas; rules. - (2) A local government may nominate a regionally significant industrial...

Section 197.724 - Review of application for land use permit within regionally significant industrial area. - (a) An exception taken under ORS 197.732 to a statewide...

Section 197.726 - Jurisdiction on appeal; standing. - (2) An appeal of a decision on an application for...

Section 197.727 - Fee for review. - Note: See note under 197.722.

Section 197.728 - Rules. - Note: See note under 197.722.

Section 197.732 - Goal exceptions; criteria; rules; review. - (a) "Compatible" is not intended as an absolute term meaning...

Section 197.734 - Exceptions to certain statewide planning goal criteria; rules. - (2) The rules adopted pursuant to subsection (1) of this...

Section 197.746 - Transitional housing accommodations. - (2) Transitional housing accommodations are intended to be used by...

Section 197.748 - Conversion of hotel or motel to emergency shelter or affordable housing. - (a) From use as a hotel or motel, to use...

Section 197.752 - Lands available for urban development. - (2) Notwithstanding subsection (1) of this section, lands not needed...

Section 197.754 - Land identified for urban services; capital improvement plan; tax assessment. - (2) A local government that identifies an area for planned...

Section 197.756 - Farm use assessment in area identified for urban services. - (a) The lot or parcel is in an area identified...

Section 197.758 - Development of middle housing; local regulations. - (a) "Cottage clusters" means groupings of no fewer than four...

Section 197.761 - Development of residential platted lot. - (1) The lot cannot be adequately served by water, sewer,...

Section 197.764 - Application to remove property from within urban growth boundary; conditions. - (a) The application is submitted by the owner of the...

Section 197.766 - Laws applicable to certain local decisions regarding urban growth boundary. - (2) A decision of a local government under ORS 197.764...

Section 197.768 - Local government or special district adoption of public facilities strategy; public hearing; written findings. - (2)(a) A local government or special district may adopt a...

Section 197.770 - Firearms training facilities. - (2) For purposes of this section, a "firearms training facility"...

Section 197.772 - Consent for designation as historic property. - (2) A permit for the demolition or modification of property...

Section 197.782 - Emergency shelters developed under temporary authorization. - (2) A building or cluster of buildings used as an...

Section 197.791 - Inventory of local government surplus real property; report. - (a) "Local government" means a city or county. (b) "Surplus...

Section 197.794 - Notice to railroad company upon certain applications for land use decision, limited land use decision or expedited land use decision. - (2) If a railroad-highway crossing provides or will provide the...

Section 197.796 - Applicant for certain land use decisions may accept and appeal condition imposed on application; procedure; attorney fees. - (2) Any action for damages under this section shall be...

Section 197.797 - Local quasi-judicial land use hearings; notice requirements; hearing procedures. - (1) An issue which may be the basis for an...

Section 197.798 - Rules regulating transportation improvements by city or county. - (2) The Land Conservation and Development Commission shall adopt rules...

Section 197.810 - Land Use Board of Appeals; appointment and removal of members; qualifications. - (2) The Governor may at any time remove any member...

Section 197.815 - Office location; proceedings may be conducted by telephone. - (2) For the convenience of one or more of the...

Section 197.820 - Duty to conduct review proceedings; authority to issue orders; rules. - (2) In conducting review proceedings the members of the board...

Section 197.825 - Jurisdiction of board; limitations; effect on circuit court jurisdiction. - (2) The jurisdiction of the board: (a) Is limited to...

Section 197.828 - Board review of limited land use decision. - (2) The board shall reverse or remand a limited land...

Section 197.829 - Board to affirm certain local government interpretations. - (a) Is inconsistent with the express language of the comprehensive...

Section 197.830 - Review procedures; standing; fees; deadlines; rules; issues subject to review; attorney fees and costs; publication of orders; mediation; tracking of reviews. - (2) Except as provided in ORS 197.620, a person may...

Section 197.835 - Scope of review; rules. - (2)(a) Review of a decision under ORS 197.830 to 197.845...

Section 197.840 - Exceptions to deadline for final decision. - (a) Any period of delay up to 120 days resulting...

Section 197.843 - Attorney fees for applicant developing affordable housing. - (2) A party who was awarded attorney fees under this...

Section 197.845 - Stay of decision being reviewed; criteria; undertaking; conditions; limitations. - (a) A colorable claim of error in the land use...

Section 197.850 - Judicial review of board order; procedures; scope of review; attorney fees; undertaking. - (2) Notwithstanding the provisions of ORS 183.480 to 183.540, judicial...

Section 197.855 - Deadline for final court order; exceptions. - (2) The following periods of delay shall be excluded from...

Section 197.860 - Stay of proceedings to allow mediation. - All parties to an appeal may at any time prior...

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2021 Oregon Revised Statutes Volume : 05 - State Government, Government Procedures, Land Use Chapter 197 - Comprehensive Land Use Planning I

2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 197 - Comprehensive Land Use Planning I