197 · or public facilities strategy following pat- ... 197.652 Regional problem-solving process...

Chapter 1972013 EDITION

Comprehensive Land Use Planning I

GENERAL PROVISIONS197.005 Legislative findings197.010 Policy197.012 Compact urban development197.013 Implementation and enforcement are of

statewide concern197.015 Definitions for ORS chapters 195, 196 and

197197.020 Land use decision considerations197.022 Policy regarding ORS 215.433 and 227.184

LAND CONSERVATION ANDDEVELOPMENT COMMISSION

197.030 Land Conservation and DevelopmentCommission; members; appointment; con-firmation; term; vacancies

197.035 Officers; quorum; compensation and ex-penses

197.040 Duties of commission; rules197.045 Powers of commission197.047 Notice to local governments and property

owners of changes to commission rules orcertain statutes; form; distribution of no-tice; costs

197.050 Interstate agreements and compacts;commission powers

197.060 Biennial report; draft submission to legis-lative committee; contents

197.065 Biennial report analyzing uses of certainland; annual local government reports

197.070 Public inspection of assessments preparedby commission

DEPARTMENT OF LANDCONSERVATION AND DEVELOPMENT

197.075 Department of Land Conservation andDevelopment

197.085 Director; appointment; compensation andexpenses

197.090 Duties and authority of director; appeal-ing local land use decision; rules

197.095 Land Conservation and Development Ac-count

ADVISORY COMMITTEES197.158 Policy-neutral review and audit of state-

wide land use program197.160 State Citizen Involvement Advisory Com-

mittee; city and county citizen advisorycommittees

197.165 Local Officials Advisory Committee

COMPREHENSIVE PLANNINGRESPONSIBILITIES

197.173 Findings regarding coordination betweenstate agencies and local governments

197.175 Cities’ and counties’ planning responsibil-ities; rules on incorporations; compliancewith goals

197.178 Development applications; urban residen-tial density; reporting to Department ofLand Conservation and Development

197.180 State agency planning responsibilities;determination of compliance with goalsand compatibility with plans; coordinationbetween agencies and local governments;rules; exceptions

197.183 Local government to notify Departmentof Aviation of applications received forcertain water impoundments

197.186 Removal from buildable lands inventoryof land subject to open space tax assess-ment; reapplication for assessment

197.195 Limited land use decision; procedures197.200 Refinement plan; procedures for land di-

vision, site or design review within areasubject to plan

GOALS COMPLIANCE197.225 Preparation; adoption197.230 Considerations; finding of need required

for adoption or amendment of goal197.235 Public hearings; notice; citizen involve-

ment implementation; submission of pro-posals

197.240 Commission action; public hearing; no-tice; amendment; adoption

197.245 Commission amendment of initial goals;adoption of new goals

197.250 Compliance with goals required197.251 Compliance acknowledgment; commission

review; rules; limited acknowledgment;compliance schedule

197.253 Participation in local proceedings requiredfor submitting comments and objections

197.254 Bar to contesting acknowledgment, ap-pealing or seeking amendment

197.265 State compensation for costs of defendingcompliance actions

197.270 Copies of comprehensive plan and landuse regulations; post review

197.274 Review of Metro regional framework plan197.277 Oregon Forest Practices Act; exclusion197.279 Approved wetland conservation plans

comply with goals; exception; rules197.283 Commission to assure protection of

ground water resources

URBAN GROWTH BOUNDARIES AND NEEDED HOUSING WITHIN BOUNDARIES

197.295 Definitions for ORS 197.295 to 197.314 and197.475 to 197.490

197.296 Factors to establish sufficiency ofbuildable lands within urban growthboundary; analysis and determination ofresidential housing patterns

197.298 Priority of land to be included within ur-ban growth boundary

Title 19 (2013 Edition)

MISCELLANEOUS MATTERS

197.299 Metropolitan service district analysis ofbuildable land supply; schedule for ac-commodating needed housing; need forland for school; extension of schedule

197.301 Metropolitan service district report ofperformance measures

197.302 Metropolitan service district determi-nation of buildable land supply; correctiveaction; enforcement

197.303 “Needed housing” defined197.304 Lane County accommodation of needed

housing197.307 Effect of need for certain housing in ur-

ban growth areas; approval standards forcertain residential development; place-ment standards for approval of manufac-tured dwellings

197.309 Local ordinances or approval conditionsmay not effectively establish housing saleprice or designate class of purchasers;exception

197.312 Limitation on city and county authorityto prohibit certain kinds of housing; zon-ing requirements for farmworker housing;real estate sales office

197.313 Interpretation of ORS 197.312197.314 Required siting of manufactured homes;

minimum lot size; approval standards

ENFORCEMENT OF PLANNING REQUIREMENTS

197.319 Procedures prior to request of an en-forcement order

197.320 Power of commission to order compliancewith goals and plans

197.324 Proceedings prior to order of compliancewith goals; disclosure notice

197.328 Procedures to consider order to complywith goals

197.335 Order for compliance with goals; reviewof order; withholding grant funds; injunc-tions

197.340 Weight given to goals in planning prac-tice; regional diversity and needs

197.350 Burden of persuasion or proof in appealto board or commission

197.353 Measure 37 timelines; death of claimant

EXPEDITED LAND DIVISIONS197.360 “Expedited land division” defined; appli-

cability197.365 Application for expedited land division;

notice requirements; procedure197.370 Failure of local government to approve or

deny application within specified time197.375 Appeal of decision on application for ex-

pedited land division; notice requirements;standards for review; procedure; costs

197.380 Application fees for expedited land divi-sion

ACTIVITIES ON FEDERAL LAND197.390 Activities on federal land; list; permit re-

quired; enjoining violations197.395 Application for permit; review and issu-

ance; conditions; restrictions; review

AREAS OF CRITICAL CONCERN197.405 Designation of areas of critical state con-

cern; commission recommendation; com-mittee review; approval by LegislativeAssembly

197.410 Use and activities regulated; enjoining vi-olations

197.416 Metolius Area of Critical State Concern197.430 Enforcement powers

RESIDENTIAL AND RECREATIONALDEVELOPMENT

(Temporary provisions relating totransferable development opportunitiesare compiled as notes following ORS197.430)(Temporary provisions relating to resi-dential and recreational development arecompiled as notes following ORS 197.430)

SITING SPEEDWAY DESTINATION197.431 Expansion of speedway destination site197.432 Definitions for ORS 197.431 to 197.434197.433 Development of major motor speedway197.434 Traffic impacts of speedway destination

SITING OF DESTINATION RESORTS197.435 Definitions for ORS 197.435 to 197.467197.440 Legislative findings197.445 Destination resort criteria; phase-in re-

quirements; annual accounting197.450 Siting without taking goal exception197.455 Siting of destination resorts; sites from

which destination resort excluded197.460 Compatibility with adjacent land uses;

county measures; economic impact analy-sis; traffic impact analysis

197.462 Use of land excluded from destination re-sort

197.465 Comprehensive plan implementing mea-sures

197.467 Conservation easement to protect re-source site

MOBILE HOME, MANUFACTURED DWELLING AND

RECREATIONAL VEHICLE PARKS197.475 Policy197.480 Planning for parks; procedures; inventory197.485 Prohibition on restrictions of manufac-

tured dwelling197.490 Restriction on establishment of park197.492 Definitions for ORS 197.492 and 197.493197.493 Placement and occupancy of recreational

vehicle

MORATORIUM ON CONSTRUCTION OR LAND DEVELOPMENT

197.505 Definitions for ORS 197.505 to 197.540197.510 Legislative findings197.520 Manner of declaring moratorium197.522 Local government to approve subdivision,

partition or construction; conditions197.524 Local government to adopt moratorium

or public facilities strategy following pat-tern or practice of delaying or stoppingissuance of permits


COMPREHENSIVE LAND USE PLANNING I

197.530 Correction program; procedures197.540 Review by Land Use Board of Appeals

POST-ACKNOWLEDGMENTPROCEDURES

197.610 Submission of proposed comprehensiveplan or land use regulation changes toDepartment of Land Conservation andDevelopment; rules

197.612 Comprehensive plan or land use regu-lation changes to conform plan or regu-lations to new requirement in statute,goal or rule

197.615 Submission of adopted comprehensiveplan or land use regulation changes toDepartment of Land Conservation andDevelopment

197.620 Appeal of certain comprehensive plan orland use regulation decision-making

197.625 Acknowledgment of comprehensive planor land use regulation changes; applica-tion prior to acknowledgment

197.626 Submission of land use decisions that ex-pand urban growth boundary or designateurban or rural reserves

197.628 Periodic review; policy; conditions thatindicate need for periodic review

197.629 Schedule for periodic review; coordination197.631 Commission to amend regulations to fa-

cilitate periodic review197.633 Two phases of periodic review; rules; ap-

peal of decision on work program; sched-ule for completion; extension of time onappeal

197.636 Procedures and actions for failure to meetperiodic review deadlines

197.637 Department of Land Conservation andDevelopment may request review byHousing and Community Services Depart-ment of certain local housing measures

197.638 Department of Land Conservation andDevelopment may request review by Ore-gon Business Development Department oflocal inventory and analysis of industrialand commercial land

197.639 State assistance teams; alternative coor-dination process; grant and technical as-sistance funding; priority of populationforecasting program; advisory committee

197.644 Modification of work program; exclusivejurisdiction of Land Conservation and De-velopment Commission

197.646 Implementation of new requirement ingoal, rule or statute; rules

197.649 Fees for notice; rules197.650 Appeal to Court of Appeals; standing197.651 Appeal to Court of Appeals for judicial

review of final order of Land Conservationand Development Commission

COLLABORATIVE REGIONAL PROBLEM SOLVING

197.652 Regional problem-solving process197.654 Regional problem-solving goals, actions

and agreements; implementation197.656 Commission approval of comprehensive

plans not in compliance with goals; writ-ten statement of disapproval; partic-ipation by state agencies; use of resourcelands; rules

197.658 Modifying local work plan197.659 Commission approval of certain changes

in comprehensive plans or land use regu-lations

SPECIAL RESIDENCES197.660 Definitions197.663 Legislative findings197.665 Locations of residential homes197.667 Location of residential facility; application

and supporting documentation197.670 Zoning requirements and prohibitions for

residential homes and residential facilities

FARMWORKER HOUSING197.677 Policy197.680 Legislative findings197.685 Location of farmworker housing; approval

standards

ECONOMIC DEVELOPMENT(Temporary provisions relating to South-east Redmond Employment Site are com-piled as notes preceding ORS 197.707)

197.707 Legislative intent197.712 Commission duties; comprehensive plan

provisions; public facility plans; stateagency coordination plans; compliancedeadline; rules

197.713 Industrial development on industrial landsoutside urban growth boundaries; excep-tions

197.714 Cooperation of county and city concern-ing industrial development

197.717 Technical assistance by state agencies;information from Oregon Business Devel-opment Department; model ordinances;rural economic development

197.719 Industrial use of abandoned or diminishedmill sites; amendment of comprehensiveplans and land use regulations; sewer fa-cilities

197.722 Definitions for ORS 197.722 to 197.728197.723 Designation of regionally significant in-

dustrial areas; rules197.724 Review of application for land use permit

within regionally significant industrialarea

197.726 Jurisdiction on appeal; standing197.727 Fee for review197.728 Rules

(Temporary provisions relating to indus-trial development projects of state signif-icance are compiled as notes followingORS 197.728)

GOAL EXCEPTIONS197.732 Goal exceptions; criteria; rules; review197.736 Commission implementation of ORS

197.340 and 197.732; rules

MISCELLANEOUS197.747 Meaning of “compliance with the goals”

for certain purposes197.752 Lands available for urban development197.754 Land identified for urban services; capital

improvement plan; tax assessment



197.756 Farm use assessment in area identified forurban services

197.757 Acknowledgment deadline for newly in-corporated cities

197.763 Conduct of local quasi-judicial land usehearings; notice requirements; hearingprocedures

197.764 Application to remove property fromwithin urban growth boundary; conditions

197.766 Laws applicable to certain local decisionsregarding urban growth boundary

197.768 Local government or special districtadoption of public facilities strategy; pub-lic hearing; written findings

197.770 Firearms training facilities197.772 Consent for designation as historic prop-

erty197.794 Notice to railroad company upon certain

applications for land use decision, limitedland use decision or expedited land usedecision

197.796 Applicant for certain land use decisionsmay accept and appeal condition imposedon application; procedure; attorney fees

LAND USE BOARD OF APPEALS197.805 Policy on review of land use decisions197.810 Land Use Board of Appeals; appointment

and removal of members; qualifications

197.815 Office location; proceedings may be con-ducted by telephone

197.820 Duty to conduct review proceedings; au-thority to issue orders; rules

197.825 Jurisdiction of board; limitations; effecton circuit court jurisdiction

197.828 Board review of limited land use decision197.829 Board to affirm certain local government

interpretations197.830 Review procedures; standing; fees; dead-

lines; rules; issues subject to review; at-torney fees and costs; publication oforders; mediation; tracking of reviews

197.831 Appellate review of clear and objectiveapproval standards, conditions and proce-dures for needed housing

197.832 Board Publications Account197.835 Scope of review; rules197.840 Exceptions to deadline for final decision197.845 Stay of decision being reviewed; criteria;

undertaking; conditions; limitations197.850 Judicial review of board order; proce-

dures; scope of review; attorney fees;undertaking

197.855 Deadline for final court order; exceptions197.860 Stay of proceedings to allow mediation


COMPREHENSIVE LAND USE PLANNING I 197.012

GENERAL PROVISIONS197.005 Legislative findings. The Legis-

lative Assembly finds that:(1) Uncoordinated use of lands within

this state threatens the orderly development,the environment of this state and the health,safety, order, convenience, prosperity andwelfare of the people of this state.

(2) To promote coordinated administra-tion of land uses consistent with comprehen-sive plans adopted throughout the state, it isnecessary to establish a process for the re-view of state agency, city, county and specialdistrict land conservation and developmentplans for compliance with goals.

(3) Except as otherwise provided in sub-section (4) of this section, cities and countiesshould remain as the agencies to consider,promote and manage the local aspects of landconservation and development for the bestinterests of the people within their jurisdic-tions.

(4) The promotion of coordinated state-wide land conservation and development re-quires the creation of a statewide planningagency to prescribe planning goals and ob-jectives to be applied by state agencies, cit-ies, counties and special districts throughoutthe state.

(5) City and county governments are re-sponsible for the development of local com-prehensive plans. The purpose of ORS195.065, 195.070 and 195.075 is to enhancecoordination among cities, counties and spe-cial districts to assure effectiveness and effi-ciency in the delivery of urban servicesrequired under those local comprehensiveplans. [1973 c.80 §1; 1977 c.664 §1; 1981 c.748 §21; 1993c.804 §2a; 1999 c.348 §1]

197.010 Policy. The Legislative Assemblydeclares that:

(1) In order to ensure the highest possi-ble level of livability in Oregon, it is neces-sary to provide for properly prepared andcoordinated comprehensive plans for citiesand counties, regional areas and the state asa whole. These comprehensive plans:

(a) Must be adopted by the appropriategoverning body at the local and state levels;

(b) Are expressions of public policy in theform of policy statements, generalized mapsand standards and guidelines;

(c) Shall be the basis for more specificrules and land use regulations which imple-ment the policies expressed through thecomprehensive plans;

(d) Shall be prepared to assure that allpublic actions are consistent and coordinatedwith the policies expressed through the com-prehensive plans; and

(e) Shall be regularly reviewed and, ifnecessary, amended to keep them consistentwith the changing needs and desires of thepublic they are designed to serve.

(2)(a) The overarching principles guidingthe land use program in the State of Oregonare to:

(A) Provide a healthy environment;(B) Sustain a prosperous economy;(C) Ensure a desirable quality of life; and(D) Equitably allocate the benefits and

burdens of land use planning.(b) Additionally, the land use program

should, but is not required to, help commu-nities achieve sustainable development pat-terns and manage the effects of climatechange.

(c) The overarching principles in para-graph (a) of this subsection and the purposesin paragraph (b) of this subsection provideguidance to:

(A) The Legislative Assembly when en-acting a law regulating land use.

(B) A public body, as defined in ORS174.109, when the public body:

(i) Adopts or interprets goals, compre-hensive plans and land use regulations im-plementing the plans, or administrative rulesimplementing a provision of ORS chapter195, 196, 197, 215 or 227; or

(ii) Interprets a law governing land use.(d) Use of the overarching principles in

paragraph (a) of this subsection and the pur-poses in paragraph (b) of this subsection isnot a legal requirement for the LegislativeAssembly or other public body and is notjudicially enforceable.

(3) The equitable balance between stateand local government interests can best beachieved by resolution of conflicts using al-ternative dispute resolution techniques suchas mediation, collaborative planning and ar-bitration. Such dispute resolution techniquesare particularly suitable for conflicts arisingover periodic review, comprehensive plan andland use regulations, amendments, enforce-ment issues and local interpretation of stateland use policy. [1973 c.80 §2; 1981 c.748 §21a; 1993c.792 §48; 2009 c.873 §1]

197.012 Compact urban development.In areas of the state that are growing rap-idly, state agencies, as defined in ORS171.133, cities and counties should, withinconstraints of applicable federal law andregulations, state law and rules and localordinances:

(1) Consider directing major public infra-structure investments, including majortransportation investments, to reinforcecompact urban development; and


197.013 MISCELLANEOUS MATTERS

(2) Consider giving priority to invest-ments that promote infill or redevelopmentof existing urban areas to encourage thedensity necessary to support alternativemodes of transportation. [2009 c.873 §14]

Note: 197.012 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 197 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

197.013 Implementation and enforce-ment are of statewide concern. Implemen-tation and enforcement of acknowledgedcomprehensive plans and land use regu-lations are matters of statewide concern.[1981 c.884 §7]

197.015 Definitions for ORS chapters195, 196 and 197. As used in ORS chapters195, 196 and 197, unless the context requiresotherwise:

(1) “Acknowledgment” means a commis-sion order that certifies that a comprehen-sive plan and land use regulations, land useregulation or plan or regulation amendmentcomplies with the goals or certifies thatMetro land use planning goals and objec-tives, Metro regional framework plan,amendments to Metro planning goals andobjectives or amendments to the Metro re-gional framework plan comply with thegoals.

(2) “Board” means the Land Use Boardof Appeals.

(3) “Carport” means a stationary struc-ture consisting of a roof with its supportsand not more than one wall, or storage cabi-net substituting for a wall, and used forsheltering a motor vehicle.

(4) “Commission” means the Land Con-servation and Development Commission.

(5) “Comprehensive plan” means a gener-alized, coordinated land use map and policystatement of the governing body of a localgovernment that interrelates all functionaland natural systems and activities relatingto the use of lands, including but not limitedto sewer and water systems, transportationsystems, educational facilities, recreationalfacilities, and natural resources and air andwater quality management programs. “Com-prehensive” means all-inclusive, both interms of the geographic area covered andfunctional and natural activities and systemsoccurring in the area covered by the plan.“General nature” means a summary of poli-cies and proposals in broad categories anddoes not necessarily indicate specific lo-cations of any area, activity or use. A planis “coordinated” when the needs of all levelsof governments, semipublic and privateagencies and the citizens of Oregon havebeen considered and accommodated as much

as possible. “Land” includes water, both sur-face and subsurface, and the air.

(6) “Department” means the Departmentof Land Conservation and Development.

(7) “Director” means the Director of theDepartment of Land Conservation and De-velopment.

(8) “Goals” means the mandatory state-wide land use planning standards adopted bythe commission pursuant to ORS chapters195, 196 and 197.

(9) “Guidelines” means suggested ap-proaches designed to aid cities and countiesin preparation, adoption and implementationof comprehensive plans in compliance withgoals and to aid state agencies and specialdistricts in the preparation, adoption andimplementation of plans, programs and regu-lations in compliance with goals. Guidelinesshall be advisory and shall not limit stateagencies, cities, counties and special districtsto a single approach.

(10) “Land use decision”:(a) Includes:(A) A final decision or determination

made by a local government or special dis-trict that concerns the adoption, amendmentor application of:

(i) The goals;(ii) A comprehensive plan provision;(iii) A land use regulation; or(iv) A new land use regulation;(B) A final decision or determination of

a state agency other than the commissionwith respect to which the agency is requiredto apply the goals; or

(C) A decision of a county planning com-mission made under ORS 433.763;

(b) Does not include a decision of a localgovernment:

(A) That is made under land use stan-dards that do not require interpretation orthe exercise of policy or legal judgment;

(B) That approves or denies a buildingpermit issued under clear and objective landuse standards;

(C) That is a limited land use decision;(D) That determines final engineering

design, construction, operation, maintenance,repair or preservation of a transportation fa-cility that is otherwise authorized by andconsistent with the comprehensive plan andland use regulations;

(E) That is an expedited land division asdescribed in ORS 197.360;

(F) That approves, pursuant to ORS480.450 (7), the siting, installation, mainte-nance or removal of a liquefied petroleum



gas container or receptacle regulated exclu-sively by the State Fire Marshal under ORS480.410 to 480.460;

(G) That approves or denies approval ofa final subdivision or partition plat or thatdetermines whether a final subdivision orpartition plat substantially conforms to thetentative subdivision or partition plan; or

(H) That a proposed state agency actionsubject to ORS 197.180 (1) is compatible withthe acknowledged comprehensive plan andland use regulations implementing the plan,if:

(i) The local government has alreadymade a land use decision authorizing a useor activity that encompasses the proposedstate agency action;

(ii) The use or activity that would be au-thorized, funded or undertaken by the pro-posed state agency action is allowed withoutreview under the acknowledged comprehen-sive plan and land use regulations imple-menting the plan; or

(iii) The use or activity that would beauthorized, funded or undertaken by the pro-posed state agency action requires a futureland use review under the acknowledgedcomprehensive plan and land use regulationsimplementing the plan;

(c) Does not include a decision by aschool district to close a school;

(d) Does not include, except as providedin ORS 215.213 (13)(c) or 215.283 (6)(c), au-thorization of an outdoor mass gathering asdefined in ORS 433.735, or other gatheringof fewer than 3,000 persons that is not an-ticipated to continue for more than 120 hoursin any three-month period; and

(e) Does not include:(A) A writ of mandamus issued by a cir-

cuit court in accordance with ORS 215.429or 227.179;

(B) Any local decision or action taken onan application subject to ORS 215.427 or227.178 after a petition for a writ of manda-mus has been filed under ORS 215.429 or227.179; or

(C) A state agency action subject to ORS197.180 (1), if:

(i) The local government with land usejurisdiction over a use or activity that wouldbe authorized, funded or undertaken by thestate agency as a result of the state agencyaction has already made a land use decisionapproving the use or activity; or

(ii) A use or activity that would be au-thorized, funded or undertaken by the stateagency as a result of the state agency actionis allowed without review under the ac-

knowledged comprehensive plan and land useregulations implementing the plan.

(11) “Land use regulation” means any lo-cal government zoning ordinance, land divi-sion ordinance adopted under ORS 92.044 or92.046 or similar general ordinance estab-lishing standards for implementing a com-prehensive plan.

(12) “Limited land use decision”:(a) Means a final decision or determi-

nation made by a local government pertain-ing to a site within an urban growthboundary that concerns:

(A) The approval or denial of a tentativesubdivision or partition plan, as described inORS 92.040 (1).

(B) The approval or denial of an applica-tion based on discretionary standards de-signed to regulate the physicalcharacteristics of a use permitted outright,including but not limited to site review anddesign review.

(b) Does not mean a final decision madeby a local government pertaining to a sitewithin an urban growth boundary that con-cerns approval or denial of a final subdivi-sion or partition plat or that determineswhether a final subdivision or partition platsubstantially conforms to the tentative sub-division or partition plan.

(13) “Local government” means any city,county or metropolitan service districtformed under ORS chapter 268 or an associ-ation of local governments performing landuse planning functions under ORS 195.025.

(14) “Metro” means a metropolitan ser-vice district organized under ORS chapter268.

(15) “Metro planning goals andobjectives” means the land use goals and ob-jectives that a metropolitan service districtmay adopt under ORS 268.380 (1)(a). Thegoals and objectives do not constitute acomprehensive plan.

(16) “Metro regional framework plan”means the regional framework plan requiredby the 1992 Metro Charter or its separatecomponents. Neither the regional frameworkplan nor its individual components constitutea comprehensive plan.

(17) “New land use regulation” means aland use regulation other than an amend-ment to an acknowledged land use regulationadopted by a local government that alreadyhas a comprehensive plan and land regu-lations acknowledged under ORS 197.251.

(18) “Person” means any individual, part-nership, corporation, association, govern-mental subdivision or agency or public orprivate organization of any kind. The LandConservation and Development Commission



or its designee is considered a person forpurposes of appeal under ORS chapters 195and 197.

(19) “Special district” means any unit oflocal government, other than a city, county,metropolitan service district formed underORS chapter 268 or an association of localgovernments performing land use planningfunctions under ORS 195.025, authorized andregulated by statute and includes but is notlimited to water control districts, domesticwater associations and water cooperatives,irrigation districts, port districts, regional airquality control authorities, fire districts,school districts, hospital districts, masstransit districts and sanitary districts.

(20) “Urban unincorporated community”means an area designated in a county’s ac-knowledged comprehensive plan as an urbanunincorporated community after December5, 1994.

(21) “Voluntary association of local gov-ernments” means a regional planning agencyin this state officially designated by theGovernor pursuant to the federal Office ofManagement and Budget Circular A-95 as aregional clearinghouse.

(22) “Wetlands” means those areas thatare inundated or saturated by surface orground water at a frequency and durationthat are sufficient to support, and that undernormal circumstances do support, a preva-lence of vegetation typically adapted for lifein saturated soil conditions. [1973 c.80 §3; 1977c.664 §2; 1979 c.772 §7; 1981 c.748 §1; 1983 c.827 §1; 1989c.761 §1; 1989 c.837 §23; 1991 c.817 §1; 1993 c.438 §1; 1993c.550 §4; 1995 c.595 §22; 1995 c.812 §1; 1997 c.833 §20; 1999c.533 §11; 1999 c.866 §1; 2001 c.955 §§2,3; 2005 c.22 §137;2005 c.88 §3; 2005 c.239 §2; 2005 c.829 §8; 2007 c.354 §§4,5;2007 c.459 §§1,2; 2009 c.606 §2; 2009 c.790 §1; 2011 c.567§7]

Note: The amendments to 197.015 by section 11,chapter 575, Oregon Laws 2013, become operative Janu-ary 1, 2016. See section 13, chapter 575, Oregon Laws2013, as amended by section 14, chapter 575, OregonLaws 2013. The text that is operative on and after Jan-uary 1, 2016, is set forth for the user’s convenience.

197.015. As used in ORS chapters 195, 196 and 197and ORS 197A.300 to 197A.325, unless the context re-quires otherwise:

(1) “Acknowledgment” means a commission orderthat certifies that a comprehensive plan and land useregulations, land use regulation or plan or regulationamendment complies with the goals or certifies thatMetro land use planning goals and objectives, Metroregional framework plan, amendments to Metro plan-ning goals and objectives or amendments to the Metroregional framework plan comply with the goals.

(2) “Board” means the Land Use Board of Appeals.(3) “Carport” means a stationary structure consist-

ing of a roof with its supports and not more than onewall, or storage cabinet substituting for a wall, andused for sheltering a motor vehicle.

(4) “Commission” means the Land Conservationand Development Commission.

(5) “Comprehensive plan” means a generalized, co-ordinated land use map and policy statement of the

governing body of a local government that interrelatesall functional and natural systems and activities relat-ing to the use of lands, including but not limited tosewer and water systems, transportation systems, edu-cational facilities, recreational facilities, and naturalresources and air and water quality management pro-grams. “Comprehensive” means all-inclusive, both interms of the geographic area covered and functionaland natural activities and systems occurring in the areacovered by the plan. “General nature” means a summaryof policies and proposals in broad categories and doesnot necessarily indicate specific locations of any area,activity or use. A plan is “coordinated” when the needsof all levels of governments, semipublic and privateagencies and the citizens of Oregon have been consid-ered and accommodated as much as possible. “Land”includes water, both surface and subsurface, and the air.

(6) “Department” means the Department of LandConservation and Development.

(7) “Director” means the Director of the Depart-ment of Land Conservation and Development.

(8) “Goals” means the mandatory statewide landuse planning standards adopted by the commission pur-suant to ORS chapters 195, 196 and 197.

(9) “Guidelines” means suggested approaches de-signed to aid cities and counties in preparation, adop-tion and implementation of comprehensive plans incompliance with goals and to aid state agencies andspecial districts in the preparation, adoption and im-plementation of plans, programs and regulations incompliance with goals. Guidelines shall be advisory andshall not limit state agencies, cities, counties and spe-cial districts to a single approach.

(10) “Land use decision”:(a) Includes:(A) A final decision or determination made by a

local government or special district that concerns theadoption, amendment or application of:

(i) The goals;(ii) A comprehensive plan provision;(iii) A land use regulation; or(iv) A new land use regulation;(B) A final decision or determination of a state

agency other than the commission with respect to whichthe agency is required to apply the goals; or

(C) A decision of a county planning commissionmade under ORS 433.763;

(b) Does not include a decision of a local govern-ment:

(A) That is made under land use standards that donot require interpretation or the exercise of policy orlegal judgment;

(B) That approves or denies a building permit is-sued under clear and objective land use standards;

(C) That is a limited land use decision;(D) That determines final engineering design, con-

struction, operation, maintenance, repair or preserva-tion of a transportation facility that is otherwiseauthorized by and consistent with the comprehensiveplan and land use regulations;

(E) That is an expedited land division as describedin ORS 197.360;

(F) That approves, pursuant to ORS 480.450 (7), thesiting, installation, maintenance or removal of aliquefied petroleum gas container or receptacle regu-lated exclusively by the State Fire Marshal under ORS480.410 to 480.460;

(G) That approves or denies approval of a finalsubdivision or partition plat or that determines whethera final subdivision or partition plat substantially con-forms to the tentative subdivision or partition plan; or



(H) That a proposed state agency action subject toORS 197.180 (1) is compatible with the acknowledgedcomprehensive plan and land use regulations imple-menting the plan, if:

(i) The local government has already made a landuse decision authorizing a use or activity that encom-passes the proposed state agency action;

(ii) The use or activity that would be authorized,funded or undertaken by the proposed state agency ac-tion is allowed without review under the acknowledgedcomprehensive plan and land use regulations imple-menting the plan; or

(iii) The use or activity that would be authorized,funded or undertaken by the proposed state agency ac-tion requires a future land use review under the ac-knowledged comprehensive plan and land useregulations implementing the plan;

(c) Does not include a decision by a school districtto close a school;

(d) Does not include, except as provided in ORS215.213 (13)(c) or 215.283 (6)(c), authorization of an out-door mass gathering as defined in ORS 433.735, or othergathering of fewer than 3,000 persons that is not antic-ipated to continue for more than 120 hours in anythree-month period; and

(e) Does not include:(A) A writ of mandamus issued by a circuit court

in accordance with ORS 215.429 or 227.179;

(B) Any local decision or action taken on an ap-plication subject to ORS 215.427 or 227.178 after a peti-tion for a writ of mandamus has been filed under ORS215.429 or 227.179; or

(C) A state agency action subject to ORS 197.180(1), if:

(i) The local government with land use jurisdictionover a use or activity that would be authorized, fundedor undertaken by the state agency as a result of thestate agency action has already made a land use deci-sion approving the use or activity; or

(ii) A use or activity that would be authorized,funded or undertaken by the state agency as a resultof the state agency action is allowed without reviewunder the acknowledged comprehensive plan and landuse regulations implementing the plan.

(11) “Land use regulation” means any local gov-ernment zoning ordinance, land division ordinanceadopted under ORS 92.044 or 92.046 or similar generalordinance establishing standards for implementing acomprehensive plan.

(12) “Limited land use decision”:

(a) Means a final decision or determination madeby a local government pertaining to a site within anurban growth boundary that concerns:

(A) The approval or denial of a tentative subdivi-sion or partition plan, as described in ORS 92.040 (1).

(B) The approval or denial of an application basedon discretionary standards designed to regulate thephysical characteristics of a use permitted outright, in-cluding but not limited to site review and design review.

(b) Does not mean a final decision made by a localgovernment pertaining to a site within an urban growthboundary that concerns approval or denial of a finalsubdivision or partition plat or that determines whethera final subdivision or partition plat substantially con-forms to the tentative subdivision or partition plan.

(13) “Local government” means any city, county ormetropolitan service district formed under ORS chapter268 or an association of local governments performingland use planning functions under ORS 195.025.

(14) “Metro” means a metropolitan service districtorganized under ORS chapter 268.

(15) “Metro planning goals and objectives” meansthe land use goals and objectives that a metropolitanservice district may adopt under ORS 268.380 (1)(a). Thegoals and objectives do not constitute a comprehensiveplan.

(16) “Metro regional framework plan” means theregional framework plan required by the 1992 MetroCharter or its separate components. Neither the re-gional framework plan nor its individual componentsconstitute a comprehensive plan.

(17) “New land use regulation” means a land useregulation other than an amendment to an acknowl-edged land use regulation adopted by a local govern-ment that already has a comprehensive plan and landregulations acknowledged under ORS 197.251.

(18) “Person” means any individual, partnership,corporation, association, governmental subdivision oragency or public or private organization of any kind.The Land Conservation and Development Commissionor its designee is considered a person for purposes ofappeal under ORS chapters 195 and 197.

(19) “Special district” means any unit of local gov-ernment, other than a city, county, metropolitan servicedistrict formed under ORS chapter 268 or an associationof local governments performing land use planningfunctions under ORS 195.025, authorized and regulatedby statute and includes but is not limited to watercontrol districts, domestic water associations and watercooperatives, irrigation districts, port districts, regionalair quality control authorities, fire districts, school dis-tricts, hospital districts, mass transit districts and sani-tary districts.

(20) “Urban unincorporated community” means anarea designated in a county’s acknowledged compre-hensive plan as an urban unincorporated communityafter December 5, 1994.

(21) “Voluntary association of local governments”means a regional planning agency in this state officiallydesignated by the Governor pursuant to the federal Of-fice of Management and Budget Circular A-95 as a re-gional clearinghouse.

(22) “Wetlands” means those areas that areinundated or saturated by surface or ground water ata frequency and duration that are sufficient to support,and that under normal circumstances do support, aprevalence of vegetation typically adapted for life insaturated soil conditions.

197.020 Land use decision consider-ations. Age, gender or physical disabilityshall not be an adverse consideration inmaking a land use decision as defined inORS 197.015. [1987 c.555 §5; 2005 c.22 §138]

197.022 Policy regarding ORS 215.433and 227.184. The Legislative Assembly de-clares that it is in the interest of the citizensof this state that a process be established toallow the efficient resolution of all legal is-sues surrounding the permissible use of pri-vate land, including questions regarding thedismissal of appeals under the legal doctrineknown as ripeness. It is in this interest thatthe Legislative Assembly enacts ORS 215.433and 227.184. [1999 c.648 §5]




LAND CONSERVATION ANDDEVELOPMENT COMMISSION

197.030 Land Conservation and Devel-opment Commission; members; appoint-ment; confirmation; term; vacancies. (1)There is established a Land Conservationand Development Commission consisting ofseven members appointed by the Governor,subject to confirmation by the Senate pursu-ant to section 4, Article III, Oregon Consti-tution.

(2) The Governor shall appoint to thecommission:

(a) One member representing Clatsop,Columbia, Coos, Curry, Lincoln and Tilla-mook Counties and those portions of Douglasand Lane Counties lying west of the summitof the Coast Range;

(b) Two members representing Clack-amas, Multnomah and Washington Counties;

(c) One member representing Benton,Linn, Marion, Polk and Yamhill Countiesand that portion of Lane County lying eastof the summit of the Coast Range;

(d) One member representing Jacksonand Josephine Counties and that portion ofDouglas County lying east of the summit ofthe Coast Range;

(e) One member representing Baker,Crook, Deschutes, Gilliam, Grant, Harney,Hood River, Jefferson, Klamath, Lake, Mal-heur, Morrow, Sherman, Umatilla, Union,Wallowa, Wasco and Wheeler Counties; and

(f) One member representing Benton,Clackamas, Linn, Marion, Multnomah, Polk,Washington and Yamhill Counties and thatportion of Lane County lying east of thesummit of the Coast Range.

(3) At least one member shall be or havebeen an elected city official in Oregon andat least one member shall be an electedcounty official at the time of appointment.

(4) The term of office of each member ofthe commission is four years, but a membermay be removed by the Governor for cause.Before the expiration of the term of a mem-ber, the Governor shall appoint a successor.No person shall serve more than two fullterms as a member of the commission.

(5) If there is a vacancy for any cause,the Governor shall make an appointment tobecome immediately effective for the unex-pired term. [1973 c.80 §5; 1977 c.664 §3; 1981 c.545 §4;1993 c.792 §49; 1999 c.833 §1]

197.035 Officers; quorum; compensa-tion and expenses. (1) The Land Conserva-tion and Development Commission shallselect one of its members as chairperson andanother member as vice chairperson, forsuch terms and with duties and powers nec-essary for the performance of the functions

of such offices as the commission determines.The vice chairperson of the commission shallact as the chairperson of the commission inthe absence of the chairperson.

(2) A majority of the members of thecommission constitutes a quorum for thetransaction of business.

(3) Members of the commission are enti-tled to compensation and expenses as pro-vided in ORS 292.495. [1973 c.80 §§7,8]

197.040 Duties of commission; rules.(1) The Land Conservation and DevelopmentCommission shall:

(a) Direct the performance by the Direc-tor of the Department of Land Conservationand Development and the director’s staff oftheir functions under ORS chapters 195, 196and 197.

(b) In accordance with the provisions ofORS chapter 183, adopt rules that it consid-ers necessary to carry out ORS chapters 195,196 and 197. Except as provided in subsection(3) of this section, in designing its adminis-trative requirements, the commission shall:

(A) Allow for the diverse administrativeand planning capabilities of local govern-ments;

(B) Consider the variation in conditionsand needs in different regions of the stateand encourage regional approaches to re-solving land use problems;

(C) Assess what economic and propertyinterests will be, or are likely to be, affectedby the proposed rule;

(D) Assess the likely degree of economicimpact on identified property and economicinterests; and

(E) Assess whether alternative actionsare available that would achieve the under-lying lawful governmental objective andwould have a lesser economic impact.

(c)(A) Adopt by rule in accordance withORS chapter 183 or by goal under ORSchapters 195, 196 and 197 any statewide landuse policies that it considers necessary tocarry out ORS chapters 195, 196 and 197.

(B) Adopt by rule in accordance withORS chapter 183 any procedures necessaryto carry out ORS 215.402 (4)(b) and 227.160(2)(b).

(C) Review decisions of the Land UseBoard of Appeals and land use decisions ofthe Court of Appeals and the Supreme Courtwithin 120 days of the date the decisions areissued to determine if goal or rule amend-ments are necessary.

(d) Cooperate with the appropriate agen-cies of the United States, this state and itspolitical subdivisions, any other state, anyinterstate agency, any person or groups of



persons with respect to land conservationand development.

(e) Appoint advisory committees to aid itin carrying out ORS chapters 195, 196 and197 and provide technical and other assist-ance, as it considers necessary, to each suchcommittee.

(2) Pursuant to ORS chapters 195, 196and 197, the commission shall:

(a) Adopt, amend and revise goals con-sistent with regional, county and city con-cerns;

(b) Prepare, collect, provide or cause tobe prepared, collected or provided land useinventories;

(c) Prepare statewide planning guidelines;(d) Review comprehensive plans for com-

pliance with goals;(e) Coordinate planning efforts of state

agencies to assure compliance with goals andcompatibility with city and county compre-hensive plans;

(f) Insure widespread citizen involvementand input in all phases of the process;

(g) Review and recommend to the Legis-lative Assembly the designation of areas ofcritical state concern;

(h) Report periodically to the LegislativeAssembly and to the committee;

(i) Review the land use planning respon-sibilities and authorities given to the state,regions, counties and cities, review the re-sources available to each level of governmentand make recommendations to the Legisla-tive Assembly to improve the administrationof the statewide land use program; and

(j) Perform other duties required by law.(3) The requirements of subsection (1)(b)

of this section shall not be interpreted as re-quiring an assessment for each lot or parcelthat could be affected by the proposed rule.[1973 c.80 §§9,11; 1977 c.664 §5; 1981 c.748 §22; 1991 c.817§19; 1993 c.792 §51; 1995 c.299 §1; 2009 c.873 §2]

197.045 Powers of commission. TheLand Conservation and Development Com-mission may:

(1) Apply for and receive moneys fromthe federal government and from this stateor any of its agencies or departments.

(2) Contract with any public agency forthe performance of services or the exchangeof employees or services by one to the othernecessary in carrying out ORS chapters 195,196 and 197.

(3) Contract for the services of and con-sultation with professional persons or organ-izations, not otherwise available throughfederal, state and local governmental agen-

cies, in carrying out its duties under ORSchapters 195, 196 and 197.

(4) Perform other functions required tocarry out ORS chapters 195, 196 and 197.

(5) Assist in development and preparationof model land use regulations to guide stateagencies, cities, counties and special districtsin implementing goals.

(6) Notwithstanding any other provisionof law, review comprehensive plan and landuse regulations related to the identificationand designation of high-value farmland pur-suant to chapter 792, Oregon Laws 1993, un-der procedures set forth in ORS 197.251. [1973c.80 §10; 1977 c.664 §6; 1981 c.748 §22a; 1993 c.792 §11]

Note: Legislative Counsel has substituted “chapter792, Oregon Laws 1993,” for the words “this 1993 Act”in section 11, chapter 792, Oregon Laws 1993, whichamended 197.045. Specific ORS references have not beensubstituted, pursuant to 173.160. These sections may bedetermined by referring to the 1993 Comparative SectionTable located in Volume 20 of ORS.

197.047 Notice to local governmentsand property owners of changes to com-mission rules or certain statutes; form;distribution of notice; costs. (1) As used inthis section, “owner” means the owner of thetitle to real property or the contract pur-chaser of real property, of record as shownon the last available complete tax assessmentroll.

(2) At least 90 days prior to the finalpublic hearing on a proposed new oramended administrative rule of the LandConservation and Development Commissiondescribed in subsection (10) of this section,the Department of Land Conservation andDevelopment shall cause the notice set forthin subsection (3) of this section to be mailedto every affected local government that ex-ercises land use planning authority underORS 197.175.

(3) The notice required in subsection (2)of this section must:

(a) Contain substantially the followinglanguage in boldfaced type across the top ofthe face page extending from the left marginto the right margin:__________________________________________

This is to notify you that the Land Con-servation and Development Commission hasproposed a new or amended administrativerule that, if adopted, may affect the permis-sible uses of properties in your jurisdiction.__________________________________________

(b) Contain substantially the followinglanguage in the body of the notice:__________________________________________

On (date of public hearing), the Land



Conservation and Development Commissionwill hold a public hearing regarding adoptionof proposed (new or amended) rule (number).Adoption of the rule may change the zoningclassification of properties in your jurisdic-tion or may limit or prohibit land uses pre-viously allowed on properties in yourjurisdiction.

Rule (number) is available for inspectionat the Department of Land Conservation andDevelopment located at (address). A copy ofthe proposed rule (number) also is availablefor purchase at a cost of $ .

For additional information, contact theDepartment of Land Conservation and De-velopment at (telephone number).__________________________________________

(4) A local government that receives no-tice under subsection (2) of this section shallcause the notice set forth in subsection (5)of this section to be mailed to every ownerof real property that will be rezoned as a re-sult of the proposed rule. Notice to an ownerunder this subsection must be mailed at least45 days prior to the final public hearing onthe proposed rule.



This is to notify you that the Land Con-servation and Development Commission hasproposed a new or amended administrativerule that, if adopted, may affect the permis-sible uses of your property and other proper-ties.__________________________________________


On (date of public hearing), the LandConservation and Development Commissionwill hold a public hearing regarding adoptionof proposed (new or amended) rule (number).Adoption of the rule may affect the permis-sible uses of your property, and other prop-erties in the affected zone, and may changethe value of your property.

Rule (number) is available for inspectionat the Department of Land Conservation andDevelopment located at (address). A copy ofthe proposed rule (number) also is availablefor purchase at a cost of $ .


(6) At least 90 days prior to the effectivedate of a new or amended statute or admin-istrative rule described in subsection (10) ofthis section, the department shall cause thenotice set forth in subsection (7) of this sec-tion to be mailed to every affected local gov-ernment that exercises land use planningauthority under ORS 197.175 unless the stat-ute or rule is effective within 90 days ofenactment or adoption, in which case thedepartment shall cause the notice to bemailed not later than 30 days after the stat-ute or rule is effective.



(Check on the appropriate line:) This is to notify you that the

Land Conservation and Development Com-mission has adopted an administrative rulethat may affect the permissible uses of prop-erties in your jurisdiction; or

This is to notify you that theLegislative Assembly has enacted a land useplanning statute that may affect the permis-sible uses of properties in your jurisdiction.__________________________________________


(Check on the appropriate line:) On (date of rule adoption), the

Land Conservation and Development Com-mission adopted administrative rule (num-ber). The commission has determined thatthis rule may change the zoning classifica-tion of properties in your jurisdiction or maylimit or prohibit land uses previously allowedon properties in your jurisdiction.

Rule (number) is available for inspectionat the Department of Land Conservation andDevelopment located at (address). A copy ofthe rule (number) also is available for pur-chase at a cost of $ .

For additional information, contact theDepartment of Land Conservation and De-velopment at (telephone number); or

On (date of enactment) the Leg-islative Assembly enacted (House/Senate bill



number). The Department of Land Conserva-tion and Development has determined thatenactment of (House/Senate bill number)may change the zoning classification ofproperties in your jurisdiction or may limitor prohibit land uses previously allowed onproperties in your jurisdiction.

A copy of (House/Senate bill number) isavailable for inspection at the Departmentof Land Conservation and Development lo-cated at (address). A copy of (House/Senatebill number) also is available for purchase ata cost of $ .


(8) A local government that receives no-tice under subsection (6) of this section shallcause a copy of the notice set forth in sub-section (9) of this section to be mailed to ev-ery owner of real property that will berezoned as a result of adoption of the rule orenactment of the statute, unless notificationwas provided pursuant to subsection (4) ofthis section. The local government shall mailthe notice to an owner under this subsectionat least 45 days prior to the effective date ofthe rule or statute unless the statute or ruleis effective within 90 days of enactment oradoption, in which case the local governmentshall mail the notice to an owner under thissubsection not later than 30 days after thelocal government receives notice under sub-section (6) of this section.



(Check on the appropriate line:) This is to notify you that the

Land Conservation and Development Com-mission has adopted an administrative rulethat may affect the permissible uses of yourproperty and other properties; or

This is to notify you that theLegislative Assembly has enacted a land useplanning statute that may affect the permis-sible uses of your property and other proper-ties.__________________________________________

(b) Contain substantially the followinglanguage in the body of the notice:

__________________________________________

(Check on the appropriate line:) On (date of rule adoption), the

Land Conservation and Development Com-mission adopted administrative rule (num-ber). The rule may affect the permissible usesof your property, and other properties in theaffected zone, and may change the value ofyour property.

Rule (number) is available for inspectionat the Department of Land Conservation andDevelopment located at (address). A copy ofthe rule (number) also is available for pur-chase at a cost of $ .

For additional information, contact theDepartment of Land Conservation and De-velopment at (telephone number); or

On (date of enactment) the Leg-islative Assembly enacted (House/Senate billnumber). The Department of Land Conserva-tion and Development has determined thatenactment of (House/Senate bill number)may affect the permissible uses of your prop-erty, and other properties in the affectedzone, and may change the value of yourproperty.

A copy of (House/Senate bill number) isavailable for inspection at the Departmentof Land Conservation and Development lo-cated at (address). A copy of (House/Senatebill number) also is available for purchase ata cost of $ .


(10) The provisions of this section applyto all statutes and administrative rules of theLand Conservation and Development Com-mission that limit or prohibit otherwise per-missible land uses or cause a localgovernment to rezone property. For purposesof this section, property is rezoned when thestatute or administrative rule causes a localgovernment to:

(a) Change the base zoning classificationof the property; or

(b) Adopt or amend an ordinance in amanner that limits or prohibits land usespreviously allowed in the affected zone.

(11) The Department of Land Conserva-tion and Development shall reimburse thelocal government for:

(a) The actual costs incurred respondingto questions from the public related to aproposed new or amended administrative ruleof the Land Conservation and DevelopmentCommission and to notice of the proposedrule; and



(b) All usual and reasonable costs of pro-viding the notices required under subsection(4) or (8) of this section. [1999 c.1 §5; 2003 c.668§1]

197.050 Interstate agreements andcompacts; commission powers. Except asprovided in ORS 196.150 and 196.155, if aninterstate land conservation and developmentplanning agency is created by an interstateagreement or compact entered into by thisstate, the Land Conservation and Develop-ment Commission shall perform the functionsof this state with respect to the agreementor compact. If the functions of the interstateplanning agency duplicate any of the func-tions of the commission under ORS 195.020to 195.040, ORS chapter 197 and ORS 469.350,the commission may:

(1) Negotiate with the interstate agencyin defining the areas of responsibility of thecommission and the interstate planningagency; and

(2) Cooperate with the interstate plan-ning agency in the performance of its func-tions. [1973 c.80 §12; 1977 c.664 §8; 1987 c.14 §6; 2001c.672 §5]

197.055 [1973 c.80 §16; repealed by 1977 c.664 §42]

197.060 Biennial report; draft sub-mission to legislative committee; con-tents. (1) Prior to the end of eacheven-numbered year, the Department of LandConservation and Development shall preparea written report for submission to the Legis-lative Assembly of the State of Oregon de-scribing activities and accomplishments ofthe department, Land Conservation and De-velopment Commission, state agencies, localgovernments and special districts in carryingout ORS chapters 195, 196 and 197.

(2) A draft of the report required by sub-section (1) of this section shall be submittedto the appropriate legislative committee atleast 60 days prior to submission of the re-port to the Legislative Assembly. Commentsof the committee shall be incorporated intothe final report.

(3) Goals and guidelines adopted by thecommission shall be included in the report tothe Legislative Assembly submitted undersubsection (1) of this section.

(4) The department shall include in itsbiennial report:

(a) A description of its activities imple-menting ORS 197.631; and

(b) An accounting of new statutory, landuse planning goal and rule requirements andlocal government compliance with the newrequirements pursuant to ORS 197.646. [1973c.80 §56; 1977 c.664 §9; 1981 c.748 §21b; 2005 c.829 §9; 2007c.354 §6]

197.065 Biennial report analyzing usesof certain land; annual local governmentreports. (1) Prior to each odd-numbered yearregular legislative session, the Land Conser-vation and Development Commission shallsubmit to the appropriate legislative commit-tee a written report analyzing applicationsapproved and denied for:

(a) New and replacement dwellings un-der:

(A) ORS 215.213 (1)(d) and (f), (2)(a) and(b), (3) and (4), 215.283 (1)(d) and (e), 215.284and 215.705; and

(B) Any land zoned for forest use underany statewide planning goal that relates toforestland;

(b) Divisions of land under:(A) ORS 215.263 (2), (4) and (5); and(B) Any land zoned for forest use under

any statewide planning goal that relates toforestland;

(c) Dwellings and land divisions approvedfor marginal lands under:

(A) ORS 215.317 or 215.327; and(B) Any land zoned for forest use under

any statewide planning goal that relates toforestland; and

(d) Such other matters pertaining to pro-tection of agricultural or forest land as thecommission deems appropriate.

(2) The governing body of each countyshall provide the Department of Land Con-servation and Development with a report ofits actions involving those dwellings, landdivisions and land designations upon whichthe commission must report to the appropri-ate legislative committee under subsection(1) of this section. The department shall es-tablish, after consultation with county gov-erning bodies, an annual reporting periodand may establish a schedule for receivingcounty reports at intervals within the re-porting period. The report shall be on astandard form with a standardized explana-tion adopted by the commission and shall beeligible for grants by the commission. Thereport shall include the findings for each ac-tion except actions involving:

(a) Dwellings authorized by ORS 215.213(1)(d) or 215.283 (1)(d); or

(b) Land divisions authorized by ORS215.263 (2) creating parcels as large as orlarger than a minimum size established bythe commission under ORS 215.780.

(3) The governing body of each countyshall, upon request by the department, pro-vide the department with other informationnecessary to carry out subsection (1) of thissection. [1983 c.826 §13; 1985 c.811 §9; 1987 c.555 §4;



1989 c.107 §1; 1993 c.792 §9; 2001 c.704 §9; 2007 c.354 §7;2009 c.850 §3; 2011 c.545 §34]

197.070 Public inspection of assess-ments prepared by commission. The LandConservation and Development Commissionshall keep on file and available for publicinspection the assessments prepared pursu-ant to ORS 197.040 and 197.230. [1995 c.299 §3]

DEPARTMENT OF LANDCONSERVATION AND DEVELOPMENT

197.075 Department of Land Conser-vation and Development. The Departmentof Land Conservation and Development isestablished. The department shall consist ofthe Land Conservation and DevelopmentCommission, the Director of the Departmentof Land Conservation and Development andtheir subordinate officers and employees.[1973 c.80 §4]

197.080 [1973 c.80 §55; 1977 c.664 §10; 1981 c.748 §21c;repealed by 2007 c.354 §1]

197.085 Director; appointment; com-pensation and expenses. (1) The Land Con-servation and Development Commission shallappoint a person to serve as the Director ofthe Department of Land Conservation andDevelopment. The director shall hold the of-fice of the director at the pleasure of thecommission and the salary of the directorshall be fixed by the commission unless oth-erwise provided by law.

(2) In addition to salary, the directorshall be reimbursed, subject to any applicablelaw regulating travel and other expenses ofstate officers and employees, for actual andnecessary expenses incurred by the directorin the performance of official duties. [1973 c.80§13]

197.090 Duties and authority of direc-tor; appealing local land use decision;rules. (1) Subject to policies adopted by theLand Conservation and Development Com-mission, the Director of the Department ofLand Conservation and Development shall:

(a) Be the administrative head of the De-partment of Land Conservation and Develop-ment.

(b) Coordinate the activities of the de-partment in its land conservation and devel-opment functions with such functions offederal agencies, other state agencies, localgovernments and special districts.

(c) Appoint, reappoint, assign and reas-sign all subordinate officers and employeesof the department, prescribe their duties andfix their compensation, subject to the StatePersonnel Relations Law.

(d) Represent this state before anyagency of this state, any other state or theUnited States with respect to land conserva-tion and development within this state.

(2)(a) Subject to local government re-quirements and the provisions of ORS197.830 to 197.845, the director may partic-ipate in and seek review of:

(A) A land use decision, expedited landdivision or limited land use decision involv-ing the goals or involving an acknowledgedcomprehensive plan and land use regulationsimplementing the plan; or

(B) Any other matter within the statu-tory authority of the department or commis-sion under ORS chapters 195, 196 and 197.

(b) The director shall report to the com-mission on each case in which the depart-ment participates and on the positions takenby the director in each case.

(c) If a meeting of the commission isscheduled prior to the close of the period forseeking review of a land use decision, expe-dited land division or limited land use deci-sion, the director shall obtain formalapproval from the commission prior to seek-ing review of the decision. However, if theland use decision, expedited land division orlimited land use decision becomes final lessthan 15 days before a meeting of the com-mission, the director shall proceed as pro-vided in paragraph (d) of this subsection. Ifthe director requests approval from the com-mission, the applicant and the affected localgovernment shall be notified in writing thatthe director is seeking commission approval.The director, the applicant and the affectedlocal government shall be given reasonabletime to address the commission regarding thedirector’s request for approval to seek re-view. The parties shall limit their testimonyto the factors established under subsection(3) of this section. No other testimony shallbe taken by the commission.

(d) If a meeting of the commission is notscheduled prior to the close of the period forseeking review of a land use decision, expe-dited land division or limited land use deci-sion, at the next commission meeting thedirector shall report to the commission oneach case for which the department hassought review. The director shall requestformal approval to proceed with each appeal.The applicant and the affected local govern-ment shall be notified of the commissionmeeting in writing by the director. The di-rector, the applicant and the affected localgovernment shall be given reasonable time toaddress the commission regarding thedirector’s request for approval to proceedwith the appeal. The parties shall limit theirtestimony to the factors established undersubsection (3) of this section. No other testi-mony shall be taken by the commission. Ifthe commission does not formally approve anappeal, the director shall file a motion with



the appropriate tribunal to dismiss the ap-peal.

(e) A decision by the commission underthis subsection is not subject to appeal.

(f) For purposes of this subsection, “ap-plicant” means a person seeking approval ofa permit, as defined in ORS 215.402 or227.160, expedited land division or limitedland use decision.

(3) The commission by rule shall adopt aset of factors for the commission to considerwhen determining whether to appeal or in-tervene in the appeal of a land use decision,expedited land division or limited land usedecision that involves the application of thegoals, acknowledged comprehensive plan,land use regulation or other matter withinthe authority of the department or commis-sion under ORS chapters 195, 196 and 197.

(4) The director may intervene in an ap-peal of a land use decision, expedited landdivision or limited land use decision broughtby another person in the manner provided foran appeal by the director under subsection(2)(c) and (d) of this section. [1973 c.80 §14; 1979c.772 §7d; 1981 c.748 §21d; 1983 c.827 §2; 1991 c.817 §20;1995 c.595 §23; 1999 c.292 §1; 2010 c.8 §8; 2010 c.107 §10]

197.095 Land Conservation and Devel-opment Account. (1) There is established inthe General Fund in the State Treasury theLand Conservation and Development Ac-count. Moneys in the account are contin-uously appropriated for the purpose ofcarrying out ORS chapters 195, 196 and 197.

(2) All fees, moneys and other revenuereceived by the Department of Land Conser-vation and Development shall be deposited inthe Land Conservation and Development Ac-count. [1973 c.80 §15; 1977 c.664 §11; 1981 c.748 §21e;2007 c.354 §8]

197.125 [1973 c.80 §22; repealed by 2007 c.354 §1]

197.130 [1973 c.80 §23; 1975 c.530 §6; 1977 c.891 §8;1981 c.748 §23; 1987 c.158 §33; repealed by 2007 c.354 §1]

197.135 [1973 c.80 §24; 1981 c.748 §24; repealed by2007 c.354 §1]

ADVISORY COMMITTEES197.158 Policy-neutral review and au-

dit of statewide land use program. (1) TheLand Conservation and Development Com-mission, in cooperation with the Oregon LawCommission and other public or private enti-ties, may, as resources are available, appointa work group to conduct a policy-neutral re-view and audit of ORS chapters 195, 196, 197,215 and 227, the statewide land use planninggoals and the rules of the commission imple-menting the goals.

(2) The commission shall sequence anyreview based on its judgment as to which

aspects of the statewide land use programare most in need of updating.

(3) A review undertaken under this sec-tion should, but does not have to, includeappropriate involvement of local government,professional land use planning, private legaland other representatives.

(4) Recommendations should, but do nothave to, address major policies and key pro-cedures that are most appropriate for enact-ment by law and what policies andprocedures are most appropriate for adoptionby statewide land use planning goals or rulesto allow for greater variation between re-gions of the state over time and to reducecomplexity. [2009 c.873 §17]


197.160 State Citizen Involvement Ad-visory Committee; city and county citizenadvisory committees. (1) To assure wide-spread citizen involvement in all phases ofthe planning process:

(a) The Land Conservation and Develop-ment Commission shall appoint a State Citi-zen Involvement Advisory Committee,broadly representative of geographic areas ofthe state and of interests relating to landuses and land use decisions, to develop aprogram for the commission that promotesand enhances public participation in theadoption and amendment of the goals andguidelines.

(b) Each city and county governing bodyshall submit to the commission, on a periodicbasis established by commission rule, a pro-gram for citizen involvement in preparing,adopting and amending comprehensive plansand land use regulations within the respec-tive city and county. Such program shall atleast contain provision for a citizen advisorycommittee or committees broadly represen-tative of geographic areas and of interestsrelating to land uses and land use decisions.

(c) The State Citizen Involvement Advi-sory Committee appointed under paragraph(a) of this subsection shall review the pro-posed programs submitted by each city andcounty and report to the commission whetheror not the proposed program adequately pro-vides for public involvement in the planningprocess, and, if it does not so provide, inwhat respects it is inadequate.

(2) The State Citizen Involvement Advi-sory Committee is limited to an advisory roleto the commission. It has no express or im-plied authority over any local government orstate agency. [1973 c.80 §35; 1981 c.748 §25; 1983 c.740§49]



197.165 Local Officials Advisory Com-mittee. For the purpose of promoting mutualunderstanding and cooperation between theLand Conservation and Development Com-mission and local government in the imple-mentation of ORS chapters 195, 196 and 197and the goals, the commission shall appointa Local Officials Advisory Committee. Thecommittee shall be comprised of personsserving as city or county elected officials andits membership shall reflect the city, countyand geographic diversity of the state. Thecommittee shall advise and assist the com-mission on its policies and programs affect-ing local governments. [1977 c.664 §7; 1981 c.748§25a]

COMPREHENSIVE PLANNINGRESPONSIBILITIES

197.173 Findings regarding coordi-nation between state agencies and localgovernments. The Legislative Assemblyfinds and declares that:

(1) Improving coordination and consist-ency between the duties and actions of stateagencies that affect land use and the dutiesand actions of local governments under com-prehensive plans and land use regulations isrequired to ensure that the actions of stateagencies complement both state and localland use planning objectives.

(2) Improved coordination is necessary tostreamline state and local permitting proce-dures.

(3) The Department of Land Conservationand Development has not engaged in aformal and concerted effort to update stateagency land use coordination programs since1989, and that state agency rules, plans andprograms affecting land use and local gov-ernment comprehensive plans and land useregulations have changed substantially sincethat time.

(4) Rules of the Land Conservation andDevelopment Commission regarding stateagency land use coordination and state per-mit compliance and compatibility should be:

(a) Reviewed to eliminate unclear orconflicting provisions and to ensure that lo-cal land use decisions authorizing a use gen-erally precede state agency decisions onpermits for the use or for aspects of the use;and

(b) Updated regularly to maintain a highlevel of coordination between state agenciesand local governments in reviewing authori-zations for a use of property. [2009 c.606 §1]


197.175 Cities’ and counties’ planningresponsibilities; rules on incorporations;compliance with goals. (1) Cities and coun-ties shall exercise their planning and zoningresponsibilities, including, but not limited to,a city or special district boundary changewhich shall mean the annexation of unincor-porated territory by a city, the incorporationof a new city and the formation or changeof organization of or annexation to any spe-cial district authorized by ORS 198.705 to198.955, 199.410 to 199.534 or 451.010 to451.620, in accordance with ORS chapters195, 196 and 197 and the goals approved un-der ORS chapters 195, 196 and 197. The LandConservation and Development Commissionshall adopt rules clarifying how the goalsapply to the incorporation of a new city.Notwithstanding the provisions of section 15,chapter 827, Oregon Laws 1983, the rulesshall take effect upon adoption by the com-mission. The applicability of rules promul-gated under this section to the incorporationof cities prior to August 9, 1983, shall be de-termined under the laws of this state.

(2) Pursuant to ORS chapters 195, 196and 197, each city and county in this stateshall:

(a) Prepare, adopt, amend and revisecomprehensive plans in compliance withgoals approved by the commission;

(b) Enact land use regulations to imple-ment their comprehensive plans;

(c) If its comprehensive plan and land useregulations have not been acknowledged bythe commission, make land use decisions andlimited land use decisions in compliance withthe goals;

(d) If its comprehensive plan and land useregulations have been acknowledged by thecommission, make land use decisions andlimited land use decisions in compliance withthe acknowledged plan and land use regu-lations; and

(e) Make land use decisions and limitedland use decisions subject to an unacknowl-edged amendment to a comprehensive planor land use regulation in compliance withthose land use goals applicable to theamendment.

(3) Notwithstanding subsection (1) of thissection, the commission shall not initiate byits own action any annexation of unincor-porated territory pursuant to ORS 222.111 to222.750 or formation of and annexation ofterritory to any district authorized by ORS198.510 to 198.915 or 451.010 to 451.620. [1973c.80 §§17,18; 1977 c.664 §12; 1981 c.748 §15; 1983 c.827 §3;1989 c.761 §18; 1991 c.817 §21; 1993 c.792 §45; 1999 c.348§4]



197.178 Development applications; ur-ban residential density; reporting to De-partment of Land Conservation andDevelopment. (1) Local governments withcomprehensive plans or functional plans thatare identified in ORS 197.296 (1) shall com-pile and report annually to the Departmentof Land Conservation and Development thefollowing information for all applications re-ceived under ORS 227.175 for residentialpermits and residential zone changes:

(a) The number of applications receivedfor residential development, including the netresidential density proposed in the applica-tion and the maximum allowed net residen-tial density for the subject zone;

(b) The number of applications approved,including the approved net density; and

(c) The date each application was re-ceived and the date it was approved or de-nied.

(2) The report required by this sectionmay be submitted electronically. [1997 c.763 §5;2011 c.354 §1]

197.180 State agency planning respon-sibilities; determination of compliancewith goals and compatibility with plans;coordination between agencies and localgovernments; rules; exceptions. (1) Exceptas provided in ORS 197.277 or subsection (2)of this section or unless expressly exemptedby another statute from any of the require-ments of this section, state agencies shallcarry out their planning duties, powers andresponsibilities and take actions that are au-thorized by law with respect to programs af-fecting land use:

(a) In compliance with the goals, rulesimplementing the goals and rules implement-ing this section; and

(b) In a manner compatible with ac-knowledged comprehensive plans and landuse regulations.

(2) State agencies need not comply withsubsection (1)(b) of this section if a stateagency rule, plan or program relating to landuse was not in effect when the comprehen-sive plan provision or land use regulationwith which the action would be incompatiblewas acknowledged and the agency has dem-onstrated that:

(a) The state agency rule, plan or pro-gram is mandated by state statute or federallaw;

(b) The state agency rule, plan or pro-gram is consistent with the goals;

(c) The state agency rule, plan or pro-gram has objectives that cannot be achievedin a manner compatible with the acknowl-edged comprehensive plan and land use reg-ulations; and

(d) The agency has complied with itscertified state agency coordination program.

(3) Unless federal or state law requiresotherwise, the commission, by rule, mayspecify the sequence of a local governmentland use decision and a state agency actionconcerning the same, similar or related usesor activities.

(4) Upon request by the Land Conserva-tion and Development Commission, eachstate agency shall submit to the Departmentof Land Conservation and Development thefollowing information:

(a) Agency rules and summaries of stateagency plans and programs affecting landuse;

(b) A program for coordination pursuantto ORS 197.040 (2)(e);

(c) A program for coordination pursuantto ORS 197.090 (1)(b); and

(d) A program for cooperation with andtechnical assistance to local governments.

(5) Within 90 days of receipt, the Direc-tor of the Department of Land Conservationand Development shall review the informa-tion submitted pursuant to subsection (4) ofthis section and shall notify each stateagency if the director believes the stateagency rules, plans or programs submittedare insufficient to ensure compliance withgoals and compatibility with acknowledgedcomprehensive plans and land use regu-lations.

(6) Within 90 days of receipt of notifica-tion specified in subsection (5) of this sec-tion, the state agency may revise the stateagency rules, plans or programs and resubmitthem to the director.

(7) The director shall make findings un-der subsections (5) and (6) of this section asto whether the state agency rules, plans orprograms are sufficient to ensure compliancewith the goals and compatibility with ac-knowledged city and county comprehensiveplans and land use regulations and shall for-ward the rules and summaries of stateagency plans or programs to the commissionfor its action. The commission shall eithercertify the state agency rules, plans or pro-grams as compliant with the goals and com-patible with the acknowledgedcomprehensive plans and land use regu-lations of affected local governments or shalldetermine the same to be insufficient.

(8) The department shall report, to theappropriate committee of the House and theSenate and to the subcommittee of the JointWays and Means Committee that considersthe state agency budget, any agency that hasfailed to meet the requirements of subsection(7) of this section.



(9) Any state agency that has failed tomeet the requirements of subsection (7) ofthis section shall report the reasons thereforto the appropriate committee of the Houseand the Senate and to the subcommittee ofthe Joint Ways and Means Committee thatconsiders the agency budget.

(10) Until rules and state agency plansand programs are certified as compliant withthe goals and compatible with the acknowl-edged comprehensive plans and land use reg-ulations of affected local governments, thestate agency shall make findings whenadopting or amending its rules and stateagency plans and programs as to the appli-cability and application of the goals or ac-knowledged comprehensive plans, asappropriate.

(11) The commission shall adopt rules es-tablishing procedures to ensure that stateagency permits affecting land use are issuedin compliance with the goals and compatiblewith acknowledged comprehensive plans andland use regulations, as required by subsec-tion (1) of this section. The rules must pre-scribe the circumstances in which stateagencies may rely upon a determination ofcompliance with the goals or compatibilitywith the acknowledged comprehensive plan.

(12) A state agency required to have aland use coordination program shall partic-ipate in a local government land use hearing,except a hearing under ORS 197.610 to197.625, only in a manner that is consistentwith the coordination program, unless theagency participated in the local government’speriodic review pursuant to ORS 197.633 andraised the issue that is the basis for partic-ipation in the land use hearing.

(13) State agency rules, plans or pro-grams affecting land use are not compatiblewith an acknowledged comprehensive plan ifthe state agency takes or approves an actionthat is not allowed under the acknowledgedcomprehensive plan. However, a state agencymay apply statutes and rules to deny, condi-tion or further restrict an action of the stateagency or of any applicant before the stateagency if the state agency applies thosestatutes and rules to the uses planned for inthe acknowledged comprehensive plan.

(14) In cooperation with local govern-ments and state agencies whose rules, plansor programs affect land use, the departmentperiodically shall:

(a) Identify aspects of coordination re-lated to uses that require the issuance ofmultiple permits from state agencies and lo-cal governments.

(b) Update and improve rules regulatingthe effectiveness and efficiency of stateagency coordination programs.

(15) This section does not apply to rules,plans, programs, decisions, determinations oractivities carried out under ORS 527.610 to527.770, 527.990 (1) and 527.992. [1973 c.80 §21;1977 c.664 §13; 1981 c.748 §16; 1983 c.827 §4; 1987 c.555§1; 1987 c.919 §3; 1989 c.761 §19; 1991 c.612 §9; 1995 c.595§30; 1999 c.622 §8; 2009 c.606 §3]

197.183 Local government to notifyDepartment of Aviation of applicationsreceived for certain water impound-ments. (1) A local government shall providenotice to the Oregon Department of Aviationwhen the local government or its designeereceives an application for a comprehensiveplan amendment, zone change or permit asdefined in ORS 215.402 or 227.160 that, if ap-proved, would result in a water impoundmentlarger than one-quarter acre within 10,000feet of an airport identified in ORS 836.610(1).

(2) The department has no authority tomake final a determination regarding a newwater impoundment described in ORS836.623. Determinations regarding such im-poundments shall be made by local govern-ments as provided in ORS 836.623. [1997 c.859§10; 1999 c.935 §19]

197.185 [1973 c.80 §20; 1977 c.664 §14; 1981 c.748 §26;1993 c.804 §1; renumbered 195.020 in 1993]

197.186 Removal from buildable landsinventory of land subject to open spacetax assessment; reapplication for assess-ment. (1) At periodic review under ORS197.633 next following approval of an appli-cation under ORS 308A.309, the local gov-ernment shall remove any lot or parcelsubject to the application from any inventoryof buildable lands maintained by the localgovernment. The local government shallcompensate for the resulting reduction inavailable buildable lands either by increasingthe development capacity of the remainingsupply of buildable lands or by expanding theurban growth boundary.

(2) A landowner who wishes to reapplyfor current open space use assessment underORS 308A.306 following the end of the as-sessment period shall reapply with the localgovernment as provided in ORS 308A.309.[1999 c.503 §5]

197.190 [1973 c.80 §19; 1977 c.664 §15; 1981 c.748 §27;1983 c.350 §1; renumbered 195.025 in 1993]

197.195 Limited land use decision;procedures. (1) A limited land use decisionshall be consistent with applicable provisionsof city or county comprehensive plans andland use regulations. Such a decision mayinclude conditions authorized by law. Withintwo years of September 29, 1991, cities andcounties shall incorporate all comprehensiveplan standards applicable to limited land usedecisions into their land use regulations. Adecision to incorporate all, some, or none ofthe applicable comprehensive plan standards



into land use regulations shall be undertakenas a post-acknowledgment amendment underORS 197.610 to 197.625. If a city or countydoes not incorporate its comprehensive planprovisions into its land use regulations, thecomprehensive plan provisions may not beused as a basis for a decision by the city orcounty or on appeal from that decision.

(2) A limited land use decision is notsubject to the requirements of ORS 197.763.

(3) A limited land use decision is subjectto the requirements of paragraphs (a) to (c)of this subsection.

(a) In making a limited land use decision,the local government shall follow the appli-cable procedures contained within its ac-knowledged comprehensive plan and land useregulations and other applicable legal re-quirements.

(b) For limited land use decisions, the lo-cal government shall provide written noticeto owners of property within 100 feet of theentire contiguous site for which the applica-tion is made. The list shall be compiled fromthe most recent property tax assessment roll.For purposes of review, this requirementshall be deemed met when the local govern-ment can provide an affidavit or other certi-fication that such notice was given. Noticeshall also be provided to any neighborhoodor community organization recognized by thegoverning body and whose boundaries in-clude the site.

(c) The notice and procedures used bylocal government shall:

(A) Provide a 14-day period for sub-mission of written comments prior to the de-cision;

(B) State that issues which may providethe basis for an appeal to the Land UseBoard of Appeals shall be raised in writingprior to the expiration of the comment pe-riod. Issues shall be raised with sufficientspecificity to enable the decision maker torespond to the issue;

(C) List, by commonly used citation, theapplicable criteria for the decision;

(D) Set forth the street address or othereasily understood geographical reference tothe subject property;

(E) State the place, date and time thatcomments are due;

(F) State that copies of all evidence re-lied upon by the applicant are available forreview, and that copies can be obtained atcost;

(G) Include the name and phone numberof a local government contact person;

(H) Provide notice of the decision to theapplicant and any person who submits com-

ments under subparagraph (A) of this para-graph. The notice of decision must includean explanation of appeal rights; and

(I) Briefly summarize the local decisionmaking process for the limited land use de-cision being made.

(4) Approval or denial of a limited landuse decision shall be based upon and accom-panied by a brief statement that explains thecriteria and standards considered relevant tothe decision, states the facts relied upon inrendering the decision and explains the jus-tification for the decision based on the crite-ria, standards and facts set forth.

(5) A local government may provide fora hearing before the local government onappeal of a limited land use decision underthis section. The hearing may be limited tothe record developed pursuant to the initialhearing under subsection (3) of this sectionor may allow for the introduction of addi-tional testimony or evidence. A hearing onappeal that allows the introduction of addi-tional testimony or evidence shall complywith the requirements of ORS 197.763. Writ-ten notice of the decision rendered on appealshall be given to all parties who appeared,either orally or in writing, before the hear-ing. The notice of decision shall include anexplanation of the rights of each party toappeal the decision. [1991 c.817 §3; 1995 c.595 §1;1997 c.844 §1]

197.200 Refinement plan; proceduresfor land division, site or design reviewwithin area subject to plan. (1) A localgovernment may convene a land use pro-ceeding to adopt a refinement plan for aneighborhood or community within its juris-diction and inside the urban growth bound-ary as provided in this section.

(2) A refinement plan is more detailedthan a comprehensive plan and applies to aspecific geographic area. A refinement planshall:

(a) Establish efficient density ranges, in-cluding a minimum and a maximum densityfor residential land uses;

(b) Establish minimum and maximumfloor area ratios or site coverage require-ments for nonresidential uses;

(c) Be based on a planning process meet-ing statewide planning goals; and

(d) Include land use regulations to imple-ment the plan.

(3) A refinement plan and associated landuse regulations adopted prior to September9, 1995, may qualify as a refinement plan ifthe local government holds a public hearingto gather public comment and decides toadopt the plan as a refinement plan underthis section.



(4) A local government shall apply theprocedures for expedited land divisions de-scribed in ORS 197.360 to 197.380 to all ap-plications for land division and site or designreview located in any area subject to an ac-knowledged refinement plan. The reviewshall include:

(a) All elements of a local governmentcomprehensive plan and land use regulationsthat must be applied in order to approve ordeny any such application; and

(b) Any planned unit development stan-dards and any procedures designed to regu-late:

(A) The physical characteristics of per-mitted uses;

(B) The dimensions of the lots to be cre-ated; or

(C) Transportation, sewer, water, drain-age and other facilities or services necessaryfor the proposed development.

(5) Any decision made on a refinementplan described in subsection (3) of this sec-tion shall be appealed only as provided forappeals of expedited land division decisionsin ORS 197.375.

(6) Refinement plans and implementingordinances may be adopted through the post-acknowledgment or periodic review process.[1995 c.595 §15]

GOALS COMPLIANCE197.225 Preparation; adoption. The De-

partment of Land Conservation and Develop-ment shall prepare and the LandConservation and Development Commissionshall adopt goals and guidelines for use bystate agencies, local governments and specialdistricts in preparing, adopting, amendingand implementing existing and future com-prehensive plans. [1973 c.80 §33; 1981 c.748 §27a]

197.230 Considerations; finding of needrequired for adoption or amendment ofgoal. (1) In preparing, adopting and amend-ing goals and guidelines, the Department ofLand Conservation and Development and theLand Conservation and Development Com-mission shall:

(a) Assess:(A) What economic and property inter-

ests will be, or are likely to be, affected bythe proposed goal or guideline;

(B) The likely degree of economic impacton identified property and economic inter-ests; and

(C) Whether alternative actions areavailable that would achieve the underlyinglawful governmental objective and wouldhave a lesser economic impact.

(b) Consider the existing comprehensiveplans of local governments and the plans andprograms affecting land use of state agenciesand special districts in order to preservefunctional and local aspects of land conser-vation and development.

(c) Give consideration to the followingareas and activities:

(A) Lands adjacent to freeway inter-changes;

(B) Estuarine areas;(C) Tide, marsh and wetland areas;(D) Lakes and lakeshore areas;(E) Wilderness, recreational and out-

standing scenic areas;(F) Beaches, dunes, coastal headlands

and related areas;(G) Wild and scenic rivers and related

lands;(H) Floodplains and areas of geologic

hazard;(I) Unique wildlife habitats; and(J) Agricultural land.(d) Make a finding of statewide need for

the adoption of any new goal or the amend-ment of any existing goal.

(e) Design goals to allow a reasonabledegree of flexibility in the application ofgoals by state agencies, cities, counties andspecial districts.

(2) Goals shall not be land managementregulations for specified geographic areas es-tablished through designation of an area ofcritical state concern under ORS 197.405.

(3) The requirements of subsection (1)(a)of this section shall not be interpreted as re-quiring an assessment for each lot or parcelthat could be affected by the proposed rule.

(4) The commission may exempt citieswith a population less than 10,000, or thoseareas of a county inside an urban growthboundary that contain a population less than10,000, from all or any part of land use plan-ning goals, guidelines and administrativerules that relate to transportation planning.[1973 c.80 §34; 1977 c.664 §17; 1981 c.748 §17; 1983 c.740§50; 1995 c.299 §2; 1999 c.784 §1]

197.235 Public hearings; notice; citizeninvolvement implementation; submissionof proposals. (1) In preparing the goals andguidelines, the Department of Land Conser-vation and Development shall:

(a) Hold at least 10 public hearingsthroughout the state, causing notice of thetime, place and purpose of each hearing tobe published in a newspaper of general cir-culation within the area where the hearingis to be conducted not later than 30 daysprior to the date of the hearing. At least two



public hearings must be held in each con-gressional district.

(b) Implement any other provision forpublic involvement developed by the StateCitizen Involvement Advisory Committee un-der ORS 197.160 (1) and approved by theLand Conservation and Development Com-mission.

(2) Upon completion of the preparationof the proposed goals and guidelines, oramendments to those goals and guidelines,the department shall submit them to thecommission, the Local Officials AdvisoryCommittee, the State Citizen InvolvementAdvisory Committee and the appropriate leg-islative committee for review.

(3) The commission shall consider thecomments of the Local Officials AdvisoryCommittee, the State Citizen InvolvementAdvisory Committee and the legislative com-mittee before the adoption and amendmentof the goals and guidelines.

(4) Notwithstanding subsection (1)(a) ofthis section, when a legislative enactment oran initiative measure is inconsistent with theadopted goals and guidelines or directs thecommission to make a specific change to theadopted goals and guidelines, the commissionmay amend the goals and guidelines afteronly one public hearing, at a location deter-mined by the commission, if the proposedamendment:

(a) Is necessary to conform the goals andguidelines to the legislative enactment or theinitiative measure; and

(b) Makes no change other than the con-forming changes unless the change correctsan obvious scrivener’s error. [1973 c.80 §36; 1981c.748 §28; 2005 c.147 §1; 2007 c.354 §9]

197.240 Commission action; publichearing; notice; amendment; adoption.Upon receipt of the proposed goals andguidelines prepared and submitted to it bythe Department of Land Conservation andDevelopment, the Land Conservation andDevelopment Commission shall:

(1) Hold at least one public hearing onthe proposed goals and guidelines. The com-mission shall cause notice of the time, placeand purpose of the hearings and the placewhere copies of the proposed goals andguidelines are available before the hearingswith the cost thereof to be published in anewspaper of general circulation in the statenot later than 30 days prior to the date ofthe hearing. The department shall supply acopy of its proposed goals and guidelines tothe Governor, the appropriate legislativecommittee, affected state agencies and spe-cial districts and to each local governmentwithout charge. The department shall pro-

vide copies of such proposed goals andguidelines to other public agencies or per-sons upon request and payment of the costof preparing the copies of the materials re-quested.

(2) Consider the recommendations andcomments received from the public hearingsconducted under subsection (1) of this sec-tion, make any amendments to the proposedgoals and guidelines that it considers neces-sary and approve the proposed goals andguidelines as they may be amended by thecommission. [1973 c.80 §37; 1981 c.748 §28a; 2007 c.354§10]

197.245 Commission amendment of in-itial goals; adoption of new goals. TheLand Conservation and Development Com-mission may periodically amend the initialgoals and guidelines adopted under ORS197.240 and adopt new goals and guidelines.The adoption of amendments to or of newgoals shall be done in the manner providedin ORS 197.235 and 197.240 and shall specifywith particularity those goal provisions thatare applicable to land use decisions, expe-dited land divisions and limited land use de-cisions before plan revision. The commissionshall establish the effective date for applica-tion of a new or amended goal. Absent acompelling reason, the commission shall notrequire a comprehensive plan, new oramended land use regulation, land use deci-sion, expedited land division or limited landuse decision to be consistent with a new oramended goal until one year after the dateof adoption. [1973 c.80 §38; 1981 c.748 §29; 1991 c.612§10; 1991 c.817 §22a; 1995 c.595 §24]

197.247 [1983 c.826 §2; repealed by 1993 c.792 §55]

197.250 Compliance with goals re-quired. Except as otherwise provided in ORS197.245, all comprehensive plans and land useregulations adopted by a local government tocarry out those comprehensive plans and allplans, programs, rules or regulations affect-ing land use adopted by a state agency orspecial district shall be in compliance withthe goals within one year after the datethose goals are approved by the Land Con-servation and Development Commission. [1973c.80 §32; 1977 c.664 §19; 1981 c.748 §29a; 1983 c.827 §56a]

197.251 Compliance acknowledgment;commission review; rules; limited ac-knowledgment; compliance schedule. (1)Upon the request of a local government, theLand Conservation and Development Com-mission shall by order grant, deny or con-tinue acknowledgment of compliance ofcomprehensive plan and land use regulationswith the goals. A commission order granting,denying or continuing acknowledgment shallbe entered within 90 days of the date of therequest by the local government unless thecommission finds that due to extenuating



circumstances a period of time greater than90 days is required.

(2) In accordance with rules of the com-mission, the Director of the Department ofLand Conservation and Development shallprepare a report for the commission statingwhether the comprehensive plan and landuse regulations for which acknowledgment issought are in compliance with the goals. Therules of the commission shall:

(a) Provide a reasonable opportunity forpersons to prepare and to submit to the di-rector written comments and objections tothe acknowledgment request; and

(b) Authorize the director to investigateand in the report to resolve issues raised inthe comments and objections or by thedirector’s own review of the comprehensiveplan and land use regulations.

(3) Upon completion of the report andbefore the commission meeting at which thedirector’s report is to be considered, the di-rector shall afford the local government andpersons who submitted written comments orobjections a reasonable opportunity to filewritten exceptions to the report.

(4) The commission’s review of the ac-knowledgment request shall be confined tothe record of proceedings before the localgovernment, any comments, objections andexceptions filed under subsections (2) and (3)of this section and the report of the director.Upon its consideration of an acknowledg-ment request, the commission may entertainoral argument from the director and frompersons who filed written comments, ob-jections or exceptions. However, the com-mission shall not allow additional evidenceor testimony that could have been presentedto the local government or to the directorbut was not.

(5) A commission order granting, denyingor continuing acknowledgment shall includea clear statement of findings which sets forththe basis for the approval, denial or contin-uance of acknowledgment. The findings shall:

(a) Identify the goals applicable to thecomprehensive plan and land use regulations;and

(b) Include a clear statement of findingsin support of the determinations of compli-ance and noncompliance.

(6) A commission order granting ac-knowledgment shall be limited to an identifi-able geographic area described in the orderif:

(a) Only the identified geographic area isthe subject of the acknowledgment request;or

(b) Specific geographic areas do not com-ply with the applicable goals, and the goal

requirements are not technical or minor innature.

(7) The commission may issue a limitedacknowledgment order when a previously is-sued acknowledgment order is reversed orremanded by the Court of Appeals or theOregon Supreme Court. Such a limited ac-knowledgment order may deny or continueacknowledgment of that part of the compre-hensive plan or land use regulations that thecourt found not in compliance or not con-sistent with the goals and grant acknowledg-ment of all other parts of the comprehensiveplan and land use regulations.

(8) A limited acknowledgment order shallbe considered an acknowledgment for allpurposes and shall be a final order for pur-poses of judicial review with respect to theacknowledged geographic area. A limited or-der may be adopted in conjunction with acontinuance or denial order.

(9) The director shall notify the Real Es-tate Agency, the local government and allpersons who filed comments or objectionswith the director of any grant, denial orcontinuance of acknowledgment.

(10) The commission may grant a plan-ning extension, which shall be a grant of ad-ditional time for a local government tocomply with the goals in accordance with acompliance schedule. A compliance scheduleshall be a listing of the tasks which the localgovernment must complete in order to bringits comprehensive plan, land use regulations,land use decisions and limited land use deci-sions into initial compliance with the goals,including a generalized time schedule show-ing when the tasks are estimated to be com-pleted and when a comprehensive plan orland use regulations which comply with thegoals are estimated to be adopted. In devel-oping a compliance schedule, the commissionshall consider the population, geographicarea, resources and capabilities of the cityor county.

(11) As used in this section:(a) “Continuance” means a commission

order that:(A) Certifies that all or part of a com-

prehensive plan, land use regulations or botha comprehensive plan and land use regu-lations do not comply with one or moregoals;

(B) Specifies amendments or other actionthat must be completed within a specifiedtime period for acknowledgment to occur;and

(C) Is a final order for purposes of judi-cial review of the comprehensive plan, landuse regulations or both the comprehensiveplan and land use regulations as to the parts



found consistent or in compliance with thegoals.

(b) “Denial” means a commission orderthat:

(A) Certifies that a comprehensive plan,land use regulations or both a comprehensiveplan and land use regulations do not complywith one or more goals;

(B) Specifies amendments or other actionthat must be completed for acknowledgmentto occur; and

(C) Is used when the amendments orother changes required in the comprehensiveplan, land use regulations or both the com-prehensive plan and land use regulations af-fect many goals and are likely to take asubstantial period of time to complete. [1977c.766 §18; 1979 c.242 §3; 1981 c.748 §7; 1983 c.827 §5; 1985c.811 §13; 1991 c.817 §23; 1993 c.438 §2]

197.252 [1977 c.664 §20a; 1979 c.772 §7a; repealed by1981 c.748 §56]

197.253 Participation in local pro-ceedings required for submitting com-ments and objections. Notwithstanding theprovisions of ORS 197.251 (2)(a), a personmay not submit written comments and ob-jections to the acknowledgment request ofany city or county that submits its plan orregulations to the Land Conservation andDevelopment Commission for acknowledg-ment for the first time after August 9, 1983,unless the person participated either orallyor in writing in the local government pro-ceedings leading to the adoption of the planand regulations. [1983 c.827 §5a]

197.254 Bar to contesting acknowledg-ment, appealing or seeking amendment.(1) A state agency is barred, after the dateset for submission of programs by the LandConservation and Development Commissionas provided in ORS 197.180 (4), from contest-ing a request for acknowledgment submittedby a local government under ORS 197.251 orfrom filing an appeal of a post-acknowledgement change under ORS 197.610to 197.625 to a comprehensive plan or a landuse regulation, if the commission finds that:

(a) The state agency has not compliedwith ORS 197.180; or

(b) The state agency has not coordinatedits plans, programs or rules affecting landuse with the comprehensive plan or land useregulations of the city or county pursuant toa coordination program approved by thecommission under ORS 197.180.

(2) A state agency is barred from seekinga commission order under ORS 197.644 re-quiring amendment of a local governmentcomprehensive plan or a land use regulationin order to comply with the agency’s plan orprogram unless the agency has first re-

quested the amendment from the local gov-ernment and has had its request denied.

(3) A special district is barred from con-testing a request for initial compliance ac-knowledgment submitted by a localgovernment under ORS 197.251 or from filingan appeal of a post-acknowledgement changeunder ORS 197.610 to 197.625 to a compre-hensive plan or a land use regulation, if thecounty or metropolitan service district as-signed coordinative functions under ORS195.025 (1) finds that:

(a) The special district has not enteredinto a cooperative agreement under ORS195.020; or

(b) The special district has not coordi-nated its plans, programs or regulations af-fecting land use with the comprehensive planor land use regulations of the local govern-ment pursuant to its cooperative agreementmade under ORS 195.020.

(4) A special district is barred from seek-ing a commission order under ORS 197.644requiring amendment of a local governmentcomprehensive plan or a land use regulationin order to comply with the special district’splan or program unless the special districthas first requested the amendment from thelocal government and has had its request de-nied. [1977 c.664 §16; 1981 c.748 §11; 1983 c.827 §57; 1991c.612 §11; 2009 c.606 §4; 2011 c.280 §7]

197.255 [1973 c.80 §39; 1981 c.748 §29b; 1983 c.827§57a; renumbered 195.035 in 1993]

197.260 [1973 c.80 §44; 1981 c.748 §29c; renumbered195.040 in 1993]

197.265 State compensation for costsof defending compliance actions. (1) Asused in this section, “action” includes but isnot limited to a proceeding under ORS197.830 to 197.845.

(2) If any action is brought against a lo-cal government challenging any comprehen-sive plan, land use regulation or other actionof the local government which was adoptedor taken for the primary purpose of comply-ing with the goals approved under ORS197.240 and which does in fact comply withthe goals, then the Land Conservation andDevelopment Commission shall pay reason-able attorney fees and court costs incurredby such local government in the action orsuit including any appeal, to the extent fundshave been specifically appropriated to thecommission therefor. [1977 c.898 §2; 1979 c.772 §7b;1981 c.748 §39; 1983 c.827 §6]

197.270 Copies of comprehensive planand land use regulations; post review.Within six months following completion ofthe periodic review process, the affected lo-cal government shall file three complete andaccurate copies of its comprehensive planand land use regulations with the Depart-ment of Land Conservation and Development.



This document can be either a new printingor an up-to-date compilation of the requiredmaterials. [1987 c.729 §13]

197.274 Review of Metro regionalframework plan. (1) The Metro regionalframework plan, its separate components andamendments to the regional framework planor to its separate components are subject toreview:

(a) For compliance with land use plan-ning statutes, statewide land use planninggoals and administrative rules correspondingto the statutes and goals, in the same man-ner as a comprehensive plan for purposes of:

(A) Acknowledgment of compliance withthe goals under ORS 197.251; and

(B) Post-acknowledgment procedures un-der ORS 197.610 to 197.651; and

(b) As a land use decision under ORS197.805 to 197.855 and 197.860.

(2) With the prior consent of the LandConservation and Development Commission,Metro may submit to the Department ofLand Conservation and Development anamendment to the Metro regional frameworkplan or to a component of the regionalframework plan in the manner provided forperiodic review under ORS 197.628 to197.651, if the amendment implements a pro-gram to meet the requirements of a land useplanning statute, a statewide land use plan-ning goal or an administrative rule corre-sponding to a statute or goal. [1993 c.438 §3; 1999c.59 §55; 1999 c.348 §5; 2003 c.793 §1]

197.275 [1973 c.80 §40; 1977 c.664 §21; repealed by1981 c.748 §56]

197.277 Oregon Forest Practices Act;exclusion. (1) The goals and rules estab-lished in ORS chapters 195, 196 and 197 donot apply to programs, rules, procedures, de-cisions, determinations or activities carriedout under the Oregon Forest Practices Actadministered under ORS 527.610 to 527.770,527.990 (1) and 527.992.

(2) No goal or rule shall be adopted,construed or administered in a manner torequire or allow local governments to takeany action prohibited by ORS 527.722.

(3) The Land Conservation and Develop-ment Commission shall amend goals andrules as necessary to implement ORS 197.180,197.277, 197.825, 215.050, 477.440, 477.455,477.460, 526.009, 526.016, 526.156, 527.620,527.630, 527.660, 527.670, 527.683 to 527.687,527.715, 527.990 and 527.992. [1987 c.919 §2; 2013c.307 §5]

197.279 Approved wetland conserva-tion plans comply with goals; exception;rules. (1) Wetland conservation plans ap-proved by the Director of the Department ofState Lands pursuant to ORS chapter 196

shall be deemed to comply with the require-ments of statewide planning goals relating toother than estuarine wetlands for thoseareas, uses and activities which are regu-lated by the wetland conservation plans.

(2) Wetland conservation plans shall beadopted and amended by local governmentsaccording to the procedures of ORS 197.610to 197.625.

(3) The department shall adopt by rule:(a) Standards for cities and counties to

use to inventory and identify wetlands; and(b) Criteria for cities and counties to use

to determine when a wetland is a significantwetland. [1989 c.837 §25; 1995 c.472 §2]

197.280 [1973 c.80 §41; repealed by 1977 c.664 §42 and1977 c.766 §16]

197.283 Commission to assure pro-tection of ground water resources. (1) TheLand Conservation and Development Com-mission shall take actions it considers nec-essary to assure that city and countycomprehensive plans and land use regu-lations and state agency coordination pro-grams are consistent with the goal set forthin ORS 468B.155.

(2) The commission shall direct the De-partment of Land Conservation and Develop-ment to take actions the departmentconsiders appropriate to assure that any in-formation contained in a city or countycomprehensive plan that pertains to theground water resource of Oregon shall beforwarded to the centralized repository es-tablished under ORS 468B.167. [1989 c.833 §48]

197.285 [1973 c.80 §42; repealed by 1981 c.748 §56]

URBAN GROWTH BOUNDARIES AND NEEDED HOUSING WITHIN BOUNDARIES

197.295 Definitions for ORS 197.295 to197.314 and 197.475 to 197.490. As used inORS 197.295 to 197.314 and 197.475 to197.490:

(1) “Buildable lands” means lands in ur-ban and urbanizable areas that are suitable,available and necessary for residential uses.“Buildable lands” includes both vacant landand developed land likely to be redeveloped.

(2) “Manufactured dwelling park” has themeaning given that term in ORS 446.003.

(3) “Government assisted housing” meanshousing that is financed in whole or part byeither a federal or state housing agency or ahousing authority as defined in ORS 456.005,or housing that is occupied by a tenant ortenants who benefit from rent supplementsor housing vouchers provided by either afederal or state housing agency or a localhousing authority.



(4) “Manufactured homes” has the mean-ing given that term in ORS 446.003.

(5) “Mobile home park” has the meaninggiven that term in ORS 446.003.

(6) “Periodic review” means the processand procedures as set forth in ORS 197.628to 197.651.

(7) “Urban growth boundary” means anurban growth boundary included or refer-enced in a comprehensive plan. [1981 c.884 §4;1983 c.795 §1; 1987 c.785 §1; 1989 c.648 §51; 1991 c.226 §16;1991 c.612 §12; 1995 c.79 §73; 1995 c.547 §2]

197.296 Factors to establish suffi-ciency of buildable lands within urbangrowth boundary; analysis and determi-nation of residential housing patterns.(1)(a) The provisions of this section apply tometropolitan service district regional frame-work plans and local government compre-hensive plans for lands within the urbangrowth boundary of a city that is locatedoutside of a metropolitan service district andhas a population of 25,000 or more.

(b) The Land Conservation and Develop-ment Commission may establish a set of fac-tors under which additional cities are subjectto the provisions of this section. In estab-lishing the set of factors required under thisparagraph, the commission shall consider thesize of the city, the rate of population growthof the city or the proximity of the city toanother city with a population of 25,000 ormore or to a metropolitan service district.

(2) At periodic review pursuant to ORS197.628 to 197.651 or at any other legislativereview of the comprehensive plan or regionalplan that concerns the urban growth bound-ary and requires the application of a state-wide planning goal relating to buildablelands for residential use, a local governmentshall demonstrate that its comprehensiveplan or regional plan provides sufficientbuildable lands within the urban growthboundary established pursuant to statewideplanning goals to accommodate estimatedhousing needs for 20 years. The 20-year pe-riod shall commence on the date initiallyscheduled for completion of the periodic orlegislative review.

(3) In performing the duties under sub-section (2) of this section, a local governmentshall:

(a) Inventory the supply of buildablelands within the urban growth boundary anddetermine the housing capacity of thebuildable lands; and

(b) Conduct an analysis of housing needby type and density range, in accordancewith ORS 197.303 and statewide planninggoals and rules relating to housing, to deter-mine the number of units and amount of land

needed for each needed housing type for thenext 20 years.

(4)(a) For the purpose of the inventorydescribed in subsection (3)(a) of this section,“buildable lands” includes:

(A) Vacant lands planned or zoned forresidential use;

(B) Partially vacant lands planned orzoned for residential use;

(C) Lands that may be used for a mix ofresidential and employment uses under theexisting planning or zoning; and

(D) Lands that may be used for residen-tial infill or redevelopment.

(b) For the purpose of the inventory anddetermination of housing capacity describedin subsection (3)(a) of this section, the localgovernment must demonstrate considerationof:

(A) The extent that residential develop-ment is prohibited or restricted by local reg-ulation and ordinance, state law and rule orfederal statute and regulation;

(B) A written long term contract oreasement for radio, telecommunications orelectrical facilities, if the written contract oreasement is provided to the local govern-ment; and

(C) The presence of a single familydwelling or other structure on a lot or par-cel.

(c) Except for land that may be used forresidential infill or redevelopment, a localgovernment shall create a map or documentthat may be used to verify and identify spe-cific lots or parcels that have been deter-mined to be buildable lands.

(5)(a) Except as provided in paragraphs(b) and (c) of this subsection, the determi-nation of housing capacity and need pursuantto subsection (3) of this section must bebased on data relating to land within the ur-ban growth boundary that has been collectedsince the last periodic review or five years,whichever is greater. The data shall include:

(A) The number, density and average mixof housing types of urban residential devel-opment that have actually occurred;

(B) Trends in density and average mix ofhousing types of urban residential develop-ment;

(C) Demographic and population trends;(D) Economic trends and cycles; and(E) The number, density and average mix

of housing types that have occurred on thebuildable lands described in subsection (4)(a)of this section.

(b) A local government shall make thedetermination described in paragraph (a) of



this subsection using a shorter time periodthan the time period described in paragraph(a) of this subsection if the local governmentfinds that the shorter time period will pro-vide more accurate and reliable data relatedto housing capacity and need. The shortertime period may not be less than three years.

(c) A local government shall use datafrom a wider geographic area or use a timeperiod for economic cycles and trends longerthan the time period described in paragraph(a) of this subsection if the analysis of awider geographic area or the use of a longertime period will provide more accurate, com-plete and reliable data relating to trends af-fecting housing need than an analysisperformed pursuant to paragraph (a) of thissubsection. The local government mustclearly describe the geographic area, timeframe and source of data used in a determi-nation performed under this paragraph.

(6) If the housing need determined pur-suant to subsection (3)(b) of this section isgreater than the housing capacity determinedpursuant to subsection (3)(a) of this section,the local government shall take one or moreof the following actions to accommodate theadditional housing need:

(a) Amend its urban growth boundary toinclude sufficient buildable lands to accom-modate housing needs for the next 20 years.As part of this process, the local governmentshall consider the effects of measures takenpursuant to paragraph (b) of this subsection.The amendment shall include sufficient landreasonably necessary to accommodate thesiting of new public school facilities. Theneed and inclusion of lands for new publicschool facilities shall be a coordinated proc-ess between the affected public school dis-tricts and the local government that has theauthority to approve the urban growthboundary;

(b) Amend its comprehensive plan, re-gional plan, functional plan or land use reg-ulations to include new measures thatdemonstrably increase the likelihood thatresidential development will occur at densi-ties sufficient to accommodate housing needsfor the next 20 years without expansion ofthe urban growth boundary. A local govern-ment or metropolitan service district thattakes this action shall monitor and recordthe level of development activity and devel-opment density by housing type following thedate of the adoption of the new measures; or

(c) Adopt a combination of the actionsdescribed in paragraphs (a) and (b) of thissubsection.

(7) Using the analysis conducted undersubsection (3)(b) of this section, the local

government shall determine the overall aver-age density and overall mix of housing typesat which residential development of neededhousing types must occur in order to meethousing needs over the next 20 years. If thatdensity is greater than the actual density ofdevelopment determined under subsection(5)(a)(A) of this section, or if that mix is dif-ferent from the actual mix of housing typesdetermined under subsection (5)(a)(A) of thissection, the local government, as part of itsperiodic review, shall adopt measures thatdemonstrably increase the likelihood thatresidential development will occur at thehousing types and density and at the mix ofhousing types required to meet housingneeds over the next 20 years.

(8)(a) A local government outside a met-ropolitan service district that takes any ac-tions under subsection (6) or (7) of thissection shall demonstrate that the compre-hensive plan and land use regulations complywith goals and rules adopted by the commis-sion and implement ORS 197.295 to 197.314.

(b) The local government shall determinethe density and mix of housing types antic-ipated as a result of actions taken undersubsections (6) and (7) of this section andmonitor and record the actual density andmix of housing types achieved. The localgovernment shall compare actual and antic-ipated density and mix. The local govern-ment shall submit its comparison to thecommission at the next periodic review or atthe next legislative review of its urbangrowth boundary, whichever comes first.

(9) In establishing that actions and mea-sures adopted under subsections (6) or (7) ofthis section demonstrably increase the likeli-hood of higher density residential develop-ment, the local government shall at aminimum ensure that land zoned for neededhousing is in locations appropriate for thehousing types identified under subsection (3)of this section and is zoned at density rangesthat are likely to be achieved by the housingmarket using the analysis in subsection (3)of this section. Actions or measures, orboth, may include but are not limited to:

(a) Increases in the permitted density onexisting residential land;

(b) Financial incentives for higher den-sity housing;

(c) Provisions permitting additional den-sity beyond that generally allowed in thezoning district in exchange for amenities andfeatures provided by the developer;

(d) Removal or easing of approval stan-dards or procedures;

(e) Minimum density ranges;(f) Redevelopment and infill strategies;



(g) Authorization of housing types notpreviously allowed by the plan or regu-lations;

(h) Adoption of an average residentialdensity standard; and

(i) Rezoning or redesignation of nonresi-dential land. [1995 c.547 §3; 2001 c.908 §1; 2003 c.177§1]

197.298 Priority of land to be includedwithin urban growth boundary. (1) In ad-dition to any requirements established byrule addressing urbanization, land may notbe included within an urban growth bound-ary except under the following priorities:

(a) First priority is land that is desig-nated urban reserve land under ORS 195.145,rule or metropolitan service district actionplan.

(b) If land under paragraph (a) of thissubsection is inadequate to accommodate theamount of land needed, second priority island adjacent to an urban growth boundarythat is identified in an acknowledged com-prehensive plan as an exception area ornonresource land. Second priority may in-clude resource land that is completely sur-rounded by exception areas unless suchresource land is high-value farmland as de-scribed in ORS 215.710.

(c) If land under paragraphs (a) and (b)of this subsection is inadequate to accommo-date the amount of land needed, third prior-ity is land designated as marginal landpursuant to ORS 197.247 (1991 Edition).

(d) If land under paragraphs (a) to (c) ofthis subsection is inadequate to accommodatethe amount of land needed, fourth priority island designated in an acknowledged compre-hensive plan for agriculture or forestry, orboth.

(2) Higher priority shall be given to landof lower capability as measured by the capa-bility classification system or by cubic footsite class, whichever is appropriate for thecurrent use.

(3) Land of lower priority under subsec-tion (1) of this section may be included in anurban growth boundary if land of higher pri-ority is found to be inadequate to accommo-date the amount of land estimated insubsection (1) of this section for one or moreof the following reasons:

(a) Specific types of identified land needscannot be reasonably accommodated onhigher priority lands;

(b) Future urban services could not rea-sonably be provided to the higher prioritylands due to topographical or other physicalconstraints; or

(c) Maximum efficiency of land useswithin a proposed urban growth boundary

requires inclusion of lower priority lands inorder to include or to provide services tohigher priority lands. [1995 c.547 §5; 1999 c.59 §56]

Note: The amendments to 197.298 by section 12,chapter 575, Oregon Laws 2013, become operative Janu-ary 1, 2016. See section 13, chapter 575, Oregon Laws2013, as amended by section 14, chapter 575, OregonLaws 2013. The text that is operative on and after Jan-uary 1, 2016, is set forth for the user’s convenience.

197.298. (1) In addition to any requirements estab-lished by rule addressing urbanization, land may notbe included within an urban growth boundary of Metroexcept under the following priorities:

(a) First priority is land that is designated urbanreserve land under ORS 195.145, rule or metropolitanservice district action plan.

(b) If land under paragraph (a) of this subsectionis inadequate to accommodate the amount of landneeded, second priority is land adjacent to an urbangrowth boundary that is identified in an acknowledgedcomprehensive plan as an exception area ornonresource land. Second priority may include resourceland that is completely surrounded by exception areasunless such resource land is high-value farmland as de-scribed in ORS 215.710.

(c) If land under paragraphs (a) and (b) of thissubsection is inadequate to accommodate the amountof land needed, third priority is land designated asmarginal land pursuant to ORS 197.247 (1991 Edition).

(d) If land under paragraphs (a) to (c) of this sub-section is inadequate to accommodate the amount ofland needed, fourth priority is land designated in anacknowledged comprehensive plan for agriculture orforestry, or both.

(2) Higher priority shall be given to land of lowercapability as measured by the capability classificationsystem or by cubic foot site class, whichever is appro-priate for the current use.

(3) Land of lower priority under subsection (1) ofthis section may be included in an urban growthboundary if land of higher priority is found to be in-adequate to accommodate the amount of land estimatedin subsection (1) of this section for one or more of thefollowing reasons:

(a) Specific types of identified land needs cannotbe reasonably accommodated on higher priority lands;

(b) Future urban services could not reasonably beprovided to the higher priority lands due totopographical or other physical constraints; or

(c) Maximum efficiency of land uses within a pro-posed urban growth boundary requires inclusion oflower priority lands in order to include or to provideservices to higher priority lands.

(4) When a city includes land within the urbangrowth boundary of the city pursuant to ORS 197.295 to197.314, the city shall prioritize lands for inclusion asprovided in ORS 197A.320.

197.299 Metropolitan service districtanalysis of buildable land supply; sched-ule for accommodating needed housing;need for land for school; extension ofschedule. (1) A metropolitan service districtorganized under ORS chapter 268 shall com-plete the inventory, determination and anal-ysis required under ORS 197.296 (3) not laterthan five years after completion of the pre-vious inventory, determination and analysis.

(2)(a) The metropolitan service districtshall take such action as necessary underORS 197.296 (6)(a) to accommodate one-half



of a 20-year buildable land supply determinedunder ORS 197.296 (3) within one year ofcompleting the analysis.

(b) The metropolitan service district shalltake all final action under ORS 197.296 (6)(a)necessary to accommodate a 20-yearbuildable land supply determined under ORS197.296 (3) within two years of completingthe analysis.

(c) The metropolitan service district shalltake action under ORS 197.296 (6)(b), withinone year after the analysis required underORS 197.296 (3)(b) is completed, to providesufficient buildable land within the urbangrowth boundary to accommodate the esti-mated housing needs for 20 years from thetime the actions are completed. The metro-politan service district shall consider andadopt new measures that the governing bodydeems appropriate under ORS 197.296 (6)(b).

(3) The Land Conservation and Develop-ment Commission may grant an extension tothe time limits of subsection (2) of this sec-tion if the Director of the Department ofLand Conservation and Development deter-mines that the metropolitan service districthas provided good cause for failing to meetthe time limits.

(4)(a) The metropolitan service districtshall establish a process to expand the urbangrowth boundary to accommodate a need forland for a public school that cannot reason-ably be accommodated within the existingurban growth boundary. The metropolitanservice district shall design the process to:

(A) Accommodate a need that must beaccommodated between periodic analyses ofurban growth boundary capacity required bysubsection (1) of this section; and

(B) Provide for a final decision on a pro-posal to expand the urban growth boundarywithin four months after submission of acomplete application by a large school dis-trict as defined in ORS 195.110.

(b) At the request of a large school dis-trict, the metropolitan service district shallassist the large school district to identifyschool sites required by the school facilityplanning process described in ORS 195.110.A need for a public school is a specific typeof identified land need under ORS 197.298 (3).[1997 c.763 §2; 2001 c.908 §2; 2005 c.590 §1; 2007 c.579 §2]

197.300 [1973 c.80 §51; 1977 c.664 §22; repealed by1979 c.772 §26]

197.301 Metropolitan service districtreport of performance measures. (1) Ametropolitan service district organized underORS chapter 268 shall compile and report tothe Department of Land Conservation andDevelopment on performance measures asdescribed in this section at least once every

two years. The information shall be reportedin a manner prescribed by the department.

(2) Performance measures subject to sub-section (1) of this section shall be adopted bya metropolitan service district and shall in-clude but are not limited to measures thatanalyze the following:

(a) The rate of conversion of vacant landto improved land;

(b) The density and price ranges of resi-dential development, including both singlefamily and multifamily residential units;

(c) The level of job creation within indi-vidual cities and the urban areas of a countyinside the metropolitan service district;

(d) The number of residential units addedto small sites assumed to be developed in themetropolitan service district’s inventory ofavailable lands but which can be further de-veloped, and the conversion of existingspaces into more compact units with orwithout the demolition of existing buildings;

(e) The amount of environmentally sensi-tive land that is protected and the amountof environmentally sensitive land that is de-veloped;

(f) The sales price of vacant land;(g) Residential vacancy rates;(h) Public access to open spaces; and(i) Transportation measures including

mobility, accessibility and air quality indica-tors. [1997 c.763 §3]

197.302 Metropolitan service districtdetermination of buildable land supply;corrective action; enforcement. (1) Aftergathering and compiling information on theperformance measures as described in ORS197.301 but prior to submitting the informa-tion to the Department of Land Conservationand Development, a metropolitan service dis-trict shall determine if actions taken underORS 197.296 (6) have established thebuildable land supply and housing densitiesnecessary to accommodate estimated housingneeds determined under ORS 197.296 (3). Ifthe metropolitan service district determinesthat the actions undertaken will not accom-modate estimated need, the district shall de-velop a corrective action plan, including aschedule for implementation. The districtshall submit the plan to the departmentalong with the report on performance mea-sures required under ORS 197.301. Correctiveaction under this section may includeamendment of the urban growth boundary,comprehensive plan, regional frameworkplan, functional plan or land use regulationsas described in ORS 197.296.

(2) Within two years of submitting a cor-rective action plan to the department, themetropolitan service district shall demon-



strate by reference to the performance mea-sures described in ORS 197.301 thatimplementation of the plan has resulted inthe buildable land supply and housing den-sity within the urban growth boundary nec-essary to accommodate the estimatedhousing needs for each housing type as de-termined under ORS 197.296 (3).

(3) The failure of the metropolitan ser-vice district to demonstrate the buildableland supply and housing density necessary toaccommodate housing needs as required un-der this section and ORS 197.296 may be thebasis for initiation of enforcement actionpursuant to ORS 197.319 to 197.335. [1997 c.763§4; 2001 c.908 §3]

197.303 “Needed housing” defined. (1)As used in ORS 197.307, “needed housing”means housing types determined to meet theneed shown for housing within an urbangrowth boundary at particular price rangesand rent levels, including at least the fol-lowing housing types:

(a) Attached and detached single-familyhousing and multiple family housing for bothowner and renter occupancy;

(b) Government assisted housing;(c) Mobile home or manufactured dwell-

ing parks as provided in ORS 197.475 to197.490;

(d) Manufactured homes on individuallots planned and zoned for single-family resi-dential use that are in addition to lots withindesignated manufactured dwelling subdi-visions; and

(e) Housing for farmworkers.(2) Subsection (1)(a) and (d) of this sec-

tion shall not apply to:(a) A city with a population of less than

2,500.(b) A county with a population of less

than 15,000.(3) A local government may take an ex-

ception under ORS 197.732 to the definitionof “needed housing” in subsection (1) of thissection in the same manner that an excep-tion may be taken under the goals. [1981 c.884§6; 1983 c.795 §2; 1989 c.380 §1; 2011 c.354 §2]

197.304 Lane County accommodationof needed housing. (1) Notwithstanding anintergovernmental agreement pursuant toORS 190.003 to 190.130 or acknowledgedcomprehensive plan provisions to the con-trary, a city within Lane County that has apopulation of 50,000 or more within itsboundaries shall meet its obligation underORS 197.295 to 197.314 separately from anyother city within Lane County. The cityshall, separately from any other city:

(a) Establish an urban growth boundary,consistent with the jurisdictional area of re-

sponsibility specified in the acknowledgedcomprehensive plan; and

(b) Demonstrate, as required by ORS197.296, that its comprehensive plan providessufficient buildable lands within an urbangrowth boundary established pursuant tostatewide planning goals to accommodate es-timated housing needs for 20 years.

(2) Except as provided in subsection (1)of this section, this section does not alter oraffect an intergovernmental agreement pur-suant to ORS 190.003 to 190.130 or acknowl-edged comprehensive plan provisions adoptedby Lane County or local governments inLane County. [2007 c.650 §2]

197.305 [1973 c.80 §52; 1977 c.664 §23; repealed by1979 c.772 §26]

197.307 Effect of need for certainhousing in urban growth areas; approvalstandards for certain residential develop-ment; placement standards for approvalof manufactured dwellings. (1) The avail-ability of affordable, decent, safe and sani-tary housing opportunities for persons oflower, middle and fixed income, includinghousing for farmworkers, is a matter ofstatewide concern.

(2) Many persons of lower, middle andfixed income depend on government assistedhousing as a source of affordable, decent,safe and sanitary housing.

(3) When a need has been shown forhousing within an urban growth boundary atparticular price ranges and rent levels,needed housing shall be permitted in one ormore zoning districts or in zones describedby some comprehensive plans as overlayzones with sufficient buildable land to satisfythat need.

(4) Except as provided in subsection (6)of this section, a local government may adoptand apply only clear and objective standards,conditions and procedures regulating the de-velopment of needed housing on buildableland described in subsection (3) of this sec-tion. The standards, conditions and proce-dures may not have the effect, either inthemselves or cumulatively, of discouragingneeded housing through unreasonable cost ordelay.

(5) The provisions of subsection (4) ofthis section do not apply to:

(a) An application or permit for residen-tial development in an area identified in aformally adopted central city plan, or a re-gional center as defined by Metro, in a citywith a population of 500,000 or more.

(b) An application or permit for residen-tial development in historic areas designatedfor protection under a land use planning goalprotecting historic areas.



(6) In addition to an approval process forneeded housing based on clear and objectivestandards, conditions and procedures as pro-vided in subsection (4) of this section, a localgovernment may adopt and apply an alterna-tive approval process for applications andpermits for residential development based onapproval criteria regulating, in whole or inpart, appearance or aesthetics that are notclear and objective if:

(a) The applicant retains the option ofproceeding under the approval process thatmeets the requirements of subsection (4) ofthis section;

(b) The approval criteria for the alterna-tive approval process comply with applicablestatewide land use planning goals and rules;and

(c) The approval criteria for the alterna-tive approval process authorize a density ator above the density level authorized in thezone under the approval process provided insubsection (4) of this section.

(7) Subject to subsection (4) of this sec-tion, this section does not infringe on a localgovernment’s prerogative to:

(a) Set approval standards under which aparticular housing type is permitted outright;

(b) Impose special conditions upon ap-proval of a specific development proposal; or

(c) Establish approval procedures.(8) In accordance with subsection (4) of

this section and ORS 197.314, a jurisdictionmay adopt any or all of the following place-ment standards, or any less restrictive stan-dard, for the approval of manufactured homeslocated outside mobile home parks:

(a) The manufactured home shall bemultisectional and enclose a space of not lessthan 1,000 square feet.

(b) The manufactured home shall beplaced on an excavated and back-filled foun-dation and enclosed at the perimeter suchthat the manufactured home is located notmore than 12 inches above grade.

(c) The manufactured home shall have apitched roof, except that no standard shallrequire a slope of greater than a nominalthree feet in height for each 12 feet in width.

(d) The manufactured home shall haveexterior siding and roofing which in color,material and appearance is similar to theexterior siding and roofing material com-monly used on residential dwellings withinthe community or which is comparable to thepredominant materials used on surroundingdwellings as determined by the local permitapproval authority.

(e) The manufactured home shall be cer-tified by the manufacturer to have an exte-

rior thermal envelope meeting performancestandards which reduce levels equivalent tothe performance standards required ofsingle-family dwellings constructed under thestate building code as defined in ORS455.010.

(f) The manufactured home shall have agarage or carport constructed of like materi-als. A jurisdiction may require an attachedor detached garage in lieu of a carport wheresuch is consistent with the predominantconstruction of immediately surroundingdwellings.

(g) In addition to the provisions in para-graphs (a) to (f) of this subsection, a city orcounty may subject a manufactured homeand the lot upon which it is sited to any de-velopment standard, architectural require-ment and minimum size requirement towhich a conventional single-family residen-tial dwelling on the same lot would be sub-ject. [1981 c.884 §5; 1983 c.795 §3; 1989 c.380 §2; 1989c.964 §6; 1993 c.184 §3; 1997 c.733 §2; 1999 c.357 §1; 2001c.613 §2; 2011 c.354 §3]

197.309 Local ordinances or approvalconditions may not effectively establishhousing sale price or designate class ofpurchasers; exception. (1) Except as pro-vided in subsection (2) of this section, a city,county or metropolitan service district maynot adopt a land use regulation or functionalplan provision, or impose as a condition forapproving a permit under ORS 215.427 or227.178, a requirement that has the effect ofestablishing the sales price for a housingunit or residential building lot or parcel, orthat requires a housing unit or residentialbuilding lot or parcel to be designated forsale to any particular class or group of pur-chasers.

(2) This section does not limit the au-thority of a city, county or metropolitan ser-vice district to:

(a) Adopt or enforce a land use regu-lation, functional plan provision or conditionof approval creating or implementing an in-centive, contract commitment, density bonusor other voluntary regulation, provision orcondition designed to increase the supply ofmoderate or lower cost housing units; or

(b) Enter into an affordable housing cov-enant as provided in ORS 456.270 to 456.295.[1999 c.848 §2; 2007 c.691 §8]

197.310 [1973 c.80 §53; 1977 c.664 §24; repealed by1979 c.772 §26]

197.312 Limitation on city and countyauthority to prohibit certain kinds ofhousing; zoning requirements forfarmworker housing; real estate sales of-fice. (1) A city or county may not by charterprohibit from all residential zones attachedor detached single-family housing, multifam-ily housing for both owner and renter occu-



pancy or manufactured homes. A city orcounty may not by charter prohibit govern-ment assisted housing or impose additionalapproval standards on government assistedhousing that are not applied to similar butunassisted housing.

(2)(a) A single-family dwelling for afarmworker and the farmworker’s immediatefamily is a permitted use in any residentialor commercial zone that allows single-familydwellings as a permitted use.

(b) A city or county may not impose azoning requirement on the establishment andmaintenance of a single-family dwelling fora farmworker and the farmworker’s immedi-ate family in a residential or commercialzone described in paragraph (a) of this sub-section that is more restrictive than a zoningrequirement imposed on other single-familydwellings in the same zone.

(3)(a) Multifamily housing for farmwork-ers and farmworkers’ immediate families isa permitted use in any residential or com-mercial zone that allows multifamily housinggenerally as a permitted use.

(b) A city or county may not impose azoning requirement on the establishment andmaintenance of multifamily housing forfarmworkers and farmworkers’ immediatefamilies in a residential or commercial zonedescribed in paragraph (a) of this subsectionthat is more restrictive than a zoning re-quirement imposed on other multifamilyhousing in the same zone.

(4) A city or county may not prohibit aproperty owner or developer from maintain-ing a real estate sales office in a subdivisionor planned community containing more than50 lots or dwelling units for the sale of lotsor dwelling units that remain available forsale to the public. [1983 c.795 §5; 1989 c.964 §7; 2001c.437 §1; 2001 c.613 §3; 2011 c.354 §4]

197.313 Interpretation of ORS 197.312.Nothing in ORS 197.312 or in the amend-ments to ORS 197.295, 197.303, 197.307 bysections 1, 2 and 3, chapter 795, Oregon Laws1983, shall be construed to require a city orcounty to contribute to the financing, ad-ministration or sponsorship of governmentassisted housing. [1983 c.795 §6]

197.314 Required siting of manufac-tured homes; minimum lot size; approvalstandards. (1) Notwithstanding ORS 197.296,197.298, 197.299, 197.301, 197.302, 197.303,197.307, 197.312 and 197.313, within urbangrowth boundaries each city and county shallamend its comprehensive plan and land useregulations for all land zoned for single-family residential uses to allow for siting ofmanufactured homes as defined in ORS446.003. A local government may only subjectthe siting of a manufactured home allowed

under this section to regulation as set forthin ORS 197.307 (8).

(2) Cities and counties shall adopt andamend comprehensive plans and land useregulations under subsection (1) of this sec-tion according to the provisions of ORS197.610 to 197.651.

(3) Subsection (1) of this section does notapply to any area designated in an acknowl-edged comprehensive plan or land use regu-lation as a historic district or residentialland immediately adjacent to a historic land-mark.

(4) Manufactured homes on individuallots zoned for single-family residential use insubsection (1) of this section shall be in ad-dition to manufactured homes on lots withindesignated manufactured dwelling subdi-visions.

(5) Within any residential zone inside anurban growth boundary where a manufac-tured dwelling park is otherwise allowed, acity or county shall not adopt, by charter orordinance, a minimum lot size for a manu-factured dwelling park that is larger thanone acre.

(6) A city or county may adopt the fol-lowing standards for the approval of manu-factured homes located in manufactureddwelling parks that are smaller than threeacres:

(a) The manufactured home shall have apitched roof, except that no standard shallrequire a slope of greater than a nominalthree feet in height for each 12 feet in width.

(b) The manufactured home shall haveexterior siding and roofing that, in color,material and appearance, is similar to theexterior siding and roofing material com-monly used on residential dwellings withinthe community or that is comparable to thepredominant materials used on surroundingdwellings as determined by the local permitapproval authority.

(7) This section shall not be construed asabrogating a recorded restrictive covenant.[1993 c.184 §2; 1997 c.295 §1; 1999 c.348 §7; 2005 c.22 §139;2011 c.354 §5]

197.315 [1973 c.80 §54; 1977 c.664 §25; repealed by1979 c.772 §26]

ENFORCEMENT OF PLANNING REQUIREMENTS

197.319 Procedures prior to request ofan enforcement order. (1) Before a personmay request adoption of an enforcement or-der under ORS 197.320, the person shall:

(a) Present the reasons, in writing, forsuch an order to the affected local govern-ment; and

(b) Request:



(A) Revisions to the local comprehensiveplan, land use regulations, special districtcooperative or urban service agreement ordecision-making process which is the basisfor the order; or

(B) That an action be taken regardingthe local comprehensive plan, land use regu-lations, special district agreement ordecision-making process that is the basis forthe order.

(2)(a) The local government or specialdistrict shall issue a written response to therequest within 60 days of the date the re-quest is mailed to the local government orspecial district.

(b) The requestor and the local govern-ment or special district may enter into medi-ation to resolve issues in the request. TheDepartment of Land Conservation and De-velopment shall provide mediation serviceswhen jointly requested by the local govern-ment or special district and the requestor.

(c) If the local government or specialdistrict does not act in a manner which therequestor believes is adequate to address theissues raised in the request within the timeperiod provided in paragraph (a) of this sub-section, a petition may be presented to theLand Conservation and Development Com-mission under ORS 197.324.

(3) A metropolitan service district mayrequest an enforcement order under ORS197.320 (12) without first complying withsubsections (1) and (2) of this section. [1989c.761 §4; 1993 c.804 §9; 2007 c.176 §2]

197.320 Power of commission to ordercompliance with goals and plans. TheLand Conservation and Development Com-mission shall issue an order requiring a localgovernment, state agency or special districtto take action necessary to bring its compre-hensive plan, land use regulation, limitedland use decisions or other land use deci-sions into compliance with the goals, ac-knowledged comprehensive plan provisionsor land use regulations if the commission hasgood cause to believe:

(1) A comprehensive plan or land useregulation adopted by a local government noton a compliance schedule is not in compli-ance with the goals by the date set in ORS197.245 or 197.250 for such compliance;

(2) A plan, program, rule or regulationaffecting land use adopted by a state agencyor special district is not in compliance withthe goals by the date set in ORS 197.245 or197.250 for such compliance;

(3) A local government is not makingsatisfactory progress toward performance ofits compliance schedule;

(4) A state agency is not making satis-factory progress in carrying out its coordi-nation agreement or the requirements ofORS 197.180;

(5) A local government has no compre-hensive plan or land use regulation and isnot on a compliance schedule directed to de-veloping the plan or regulation;

(6) A local government has engaged in apattern or practice of decision making thatviolates an acknowledged comprehensiveplan or land use regulation. In making itsdetermination under this subsection, thecommission shall determine whether there isevidence in the record to support the deci-sions made. The commission shall not judgethe issue solely upon adequacy of the find-ings in support of the decisions;

(7) A local government has failed tocomply with a commission order entered un-der ORS 197.644;

(8) A special district has engaged in apattern or practice of decision-making thatviolates an acknowledged comprehensiveplan or cooperative agreement adopted pur-suant to ORS 197.020;

(9) A special district is not making satis-factory progress toward performance of itsobligations under ORS chapters 195 and 197;

(10) A local government is applying ap-proval standards, special conditions on ap-proval of specific development proposals orprocedures for approval that do not complywith ORS 197.307 (6);

(11) A local government is not makingsatisfactory progress toward meeting its ob-ligations under ORS 195.065; or

(12) A local government within the juris-diction of a metropolitan service district hasfailed to make changes to the comprehensiveplan or land use regulations to comply withthe regional framework plan of the districtor has engaged in a pattern or practice ofdecision-making that violates a requirementof the regional framework plan. [1977 c.664 §34;1979 c.284 §123; 1981 c.748 §32; 1983 c.827 §58; 1987 c.729§8; 1989 c.761 §2; 1991 c.612 §13; 1991 c.817 §24; 1993 c.804§10; 1995 c.547 §4; 2003 c.793 §2; 2007 c.176 §3]

197.324 Proceedings prior to order ofcompliance with goals; disclosure notice.(1) On its own motion, the Land Conserva-tion and Development Commission may initi-ate a proceeding to carry out the provisionsof ORS 197.320. If the commission proceedson its own motion, it shall proceed as setforth in ORS 197.328.

(2)(a) After a person meets the require-ments of ORS 197.319, the person may file apetition to request that the commission con-sider the matter. Filing occurs upon mailingthe petition to the Department of Land Con-servation and Development.



(b) The commission shall determine ifthere is good cause to proceed on the peti-tion.

(c) If the commission determines thatthere is not good cause to proceed on thepetition, the commission shall issue a finalorder dismissing the petition, stating thereasons therefor.

(d) If the commission determines thatthere is good cause to proceed on the peti-tion, the commission shall proceed as setforth in ORS 197.328.

(3) Following initiation of a proceedingunder subsection (1) of this section or a de-termination by the commission that there isgood cause to proceed on a petition undersubsection (2) of this section, the affected lo-cal government shall include the followingdisclosure in any subsequent notice of a landuse decision that could be affected by theenforcement order:__________________________________________

NOTICE: THE OREGON LAND CONSER-VATION AND DEVELOPMENT COMMIS-SION HAS FOUND GOOD CAUSE FOR ANENFORCEMENT PROCEEDING AGAINST

(Name of local government).AN ENFORCEMENT ORDER MAY BEEVENTUALLY ADOPTED THAT COULDLIMIT, PROHIBIT OR REQUIRE APPLICA-TION OF SPECIFIED CRITERIA TO ANYACTION AUTHORIZED BY THIS DECI-SION BUT NOT APPLIED FOR UNTIL AF-TER ADOPTION OF THE ENFORCEMENTORDER. FUTURE APPLICATIONS FORBUILDING PERMITS OR ANY TIME EX-TENSIONS MAY BE AFFECTED.__________________________________________

[1989 c.761 §5; 1995 c.778 §3]197.325 [1973 c.80 §45; repealed by 1977 c.664 §42]

197.328 Procedures to consider orderto comply with goals. If a proceeding isinitiated under ORS 197.324, the followingprocedures apply:

(1) The Land Conservation and Develop-ment Commission shall hold a hearing toconsider the petition or shall appoint ahearings officer to consider the petition un-der the provisions of ORS chapter 183 appli-cable to contested cases, except as otherwiseprovided in this section.

(2) The commission or hearings officershall schedule a hearing within 45 days ofreceipt of the petition.

(3) If the commission appoints a hearingsofficer, the hearings officer shall prepare aproposed order, including recommended find-ings and conclusions of law. The proposedorder shall be served on the Department of

Land Conservation and Development and allparties to the hearing within 30 days of thedate the record closed.

(4) If the commission appoints a hearingsofficer, the commission review of the pro-posed order shall be limited to the record ofproceedings before the hearings officer. In itsreview of a proposed order, the commissionshall not receive new evidence but shall heararguments as to the proposed order and anyexceptions. Any exception to the proposedorder shall be filed with the commission nolater than 15 days following issuance of theproposed order.

(5) The commission shall adopt a finalorder relative to a petition no later than 120days from the date the petition was filed.[1989 c.761 §6]

197.330 [1973 c.80 §50; repealed by 1977 c.664 §42]

197.335 Order for compliance withgoals; review of order; withholding grantfunds; injunctions. (1) An order issued un-der ORS 197.328 and the copy of the ordermailed to the local government, state agencyor special district shall set forth:

(a) The nature of the noncompliance, in-cluding, but not limited to, the contents ofthe comprehensive plan or land use regu-lation, if any, of a local government that donot comply with the goals or the contents ofa plan, program or regulation affecting landuse adopted by a state agency or special dis-trict that do not comply with the goals. Inthe case of a pattern or practice of decision-making which violates the goals, comprehen-sive plan or land use regulations, the ordershall specify the decision-making which con-stitutes the pattern or practice, includingspecific provisions the Land Conservationand Development Commission believes arebeing misapplied;

(b) The specific lands, if any, within alocal government for which the existing planor land use regulation, if any, does not com-ply with the goals; and

(c) The corrective action decided upon bythe commission, including the specific re-quirements, with which the local govern-ment, state agency or special district mustcomply. In the case of a pattern or practiceof decision-making that violates an acknowl-edged comprehensive plan or land use regu-lation, the commission may require revisionsto the comprehensive plan, land use regu-lations or local procedures which the com-mission believes are necessary to correct thepattern or practice. Notwithstanding theprovisions of this section, except as providedin subsection (3)(c) of this section, an en-forcement order does not affect:

(A) Land use applications filed with a lo-cal government prior to the date of adoption



of the enforcement order unless specificallyidentified by the order;

(B) Land use approvals issued by a localgovernment prior to the date of adoption ofthe enforcement order; or

(C) The time limit for exercising land useapprovals issued by a local government priorto the date of adoption of the enforcementorder.

(2) Judicial review of a final order of thecommission shall be governed by the pro-visions of ORS chapter 183 applicable tocontested cases except as otherwise stated inthis section. The commission’s final ordershall include a clear statement of findingswhich set forth the basis for the order.Where a petition to review the order hasbeen filed in the Court of Appeals, the com-mission shall transmit to the court the entireadministrative record of the proceeding un-der review. Notwithstanding ORS 183.482 (3)relating to a stay of enforcement of anagency order, an appellate court, before itmay stay an order of the commission, shallgive due consideration to the public interestin the continued enforcement of thecommission’s order and may consider testi-mony or affidavits thereon. Upon review, anappellate court may affirm, reverse, modifyor remand the order. The court shall reverse,modify or remand the order only if it finds:

(a) The order to be unlawful in substanceor procedure, but error in procedure shallnot be cause for reversal, modification or re-mand unless the court shall find that sub-stantial rights of any party were prejudicedthereby;

(b) The order to be unconstitutional;(c) The order is invalid because it ex-

ceeds the statutory authority of the agency;or

(d) The order is not supported by sub-stantial evidence in the whole record.

(3)(a) If the commission finds that in theinterim period during which a local govern-ment, state agency or special district wouldbe bringing itself into compliance with thecommission’s order under ORS 197.320 orsubsection (2) of this section it would becontrary to the public interest in the con-servation or sound development of land toallow the continuation of some or all cate-gories of land use decisions or limited landuse decisions, it shall, as part of its order,limit, prohibit or require the approval by thelocal government of applications for subdi-visions, partitions, building permits, limitedland use decisions or land use decisions untilthe plan, land use regulation or subsequentland use decisions and limited land use deci-sions are brought into compliance. The com-mission may issue an order that requires

review of local decisions by a hearings offi-cer or the Department of Land Conservationand Development before the local decisionbecomes final.

(b) Any requirement under this subsec-tion may be imposed only if the commissionfinds that the activity, if continued, aggra-vates the goal, comprehensive plan or landuse regulation violation and that the re-quirement is necessary to correct the vio-lation.

(c) The limitations on enforcement ordersunder subsection (1)(c)(B) of this sectionshall not be interpreted to affect thecommission’s authority to limit, prohibit orrequire application of specified criteria tosubsequent land use decisions involving landuse approvals issued by a local governmentprior to the date of adoption of the enforce-ment order.

(4) As part of its order under ORS197.320 or subsection (2) of this section, thecommission may withhold grant funds fromthe local government to which the order isdirected. As part of an order issued underthis section, the commission may notify theofficer responsible for disbursing state-sharedrevenues to withhold that portion of state-shared revenues to which the local govern-ment is entitled under ORS 221.770, 323.455,366.762 and 366.800 and ORS chapter 471which represents the amount of state plan-ning grant moneys previously provided thelocal government by the commission. The of-ficer responsible for disbursing state-sharedrevenues shall withhold state-shared reven-ues as outlined in this section and shall re-lease funds to the local government ordepartment when notified to so do by thecommission or its designee. The commissionmay retain a portion of the withheld reven-ues to cover costs of providing services in-curred under the order, including use of ahearings officer or staff resources to monitorland use decisions and limited land use deci-sions or conduct hearings. The remainder ofthe funds withheld under this provision shallbe released to the local government uponcompletion of requirements of the commis-sion order.

(5)(a) As part of its order under this sec-tion, the commission may notify the officerresponsible for disbursing funds from anygrant or loan made by a state agency towithhold such funds from a special districtto which the order is directed. The officerresponsible for disbursing funds shall with-hold funds as outlined in this section andshall release funds to the special district ordepartment when notified to do so by thecommission.

(b) The commission may retain a portionof the funds withheld to cover costs of pro-



viding services incurred under the order, in-cluding use of a hearings officer or staffresources to monitor land use decisions andlimited land use decisions or conduct hear-ings. The remainder of the funds withheldunder this provision shall be released to thespecial district upon completion of the re-quirements of the commission order.

(6) The commission may institute actionsor proceedings for legal or equitable reme-dies in the Circuit Court for Marion Countyor in the circuit court for the county towhich the commission’s order is directed orwithin which all or a portion of the applica-ble city is located to enforce compliance withthe provisions of any order issued under thissection or to restrain violations thereof.Such actions or proceedings may be insti-tuted without the necessity of prior agencynotice, hearing and order on an alleged vio-lation. [1989 c.761 §7; 1991 c.817 §25; 1993 c.804 §11;1995 c.301 §36; 1995 c.778 §1]

197.340 Weight given to goals in plan-ning practice; regional diversity andneeds. (1) The Land Conservation and De-velopment Commission, the Department ofLand Conservation and Development, otherstate agencies and local governments shallgive the goals equal weight in any matter inwhich the goals are required to be applied.

(2) The commission and the departmentshall consider and recognize regional diver-sity and differences in regional needs whenmaking or reviewing a land use decision orotherwise applying the goals. [1981 c.748 §20;1987 c.729 §1; 1995 c.521 §2]

197.350 Burden of persuasion or proofin appeal to board or commission. (1) Aparty appealing a land use decision or lim-ited land use decision made by a local gov-ernment to the board or Land Conservationand Development Commission has the burdenof persuasion.

(2) A local government that claims anexception to a goal adopted by the commis-sion has the burden of persuasion.

(3) There shall be no burden of proof inadministrative proceedings under ORS chap-ters 195, 196 and 197. [1981 c.748 §10a; 1983 c.827§43; 1991 c.817 §26]

197.352 [2005 c.1; 2007 c.354 §28; 2007 c.424 §4; re-numbered 195.305 in 2007]

197.353 Measure 37 timelines; death ofclaimant. (1) As used in this section:

(a) “Claimant” means a person thatmakes a Measure 37 claim.

(b) “Measure 37 claim” means a writtendemand for compensation under ORS 197.352.

(c) “Land use regulation” has the mean-ing given that term in ORS 197.352.

(d) “Owner” has the meaning given thatterm in ORS 197.352.

(e) “Public entity” has the meaning giventhat term in ORS 197.352.

(2) Notwithstanding ORS 197.352 (4) and(6), if a Measure 37 claim was made on orafter November 1, 2006:

(a) Just compensation under ORS 197.352is due the owner of the property from thepublic entity only if the land use regulationcontinues to be enforced against the property540 days after the Measure 37 claim is madeto the public entity; and

(b) The owner of the subject property hasa cause of action for compensation underORS 197.352 (6) only if a land use regulationcontinues to apply to the subject propertymore than 540 days after the Measure 37claim is made.

(3) If a claimant is an individual, theability to make or prosecute a Measure 37claim is not affected by the death of theclaimant during the extended review periodprovided by subsection (2) of this section, andthe ability to make or prosecute a Measure37 claim for property that belonged to theclaimant passes to the person who acquiresthe property by devise or by operation of law.[2007 c.133 §2]

Note: 197.353 includes references to 197.352, whichwas amended and renumbered as 195.305 by action ofthe Legislative Assembly. See section 28, chapter 354,Oregon Laws 2007, and sections 1, 1a and 4, chapter 424,Oregon Laws 2007. The text of 197.353 was not amendedto reflect the amendments or renumbering. Editorialadjustment of 197.353 for the amendments to and re-numbering of 197.352 has not been made.

EXPEDITED LAND DIVISIONS197.360 “Expedited land division” de-

fined; applicability. (1) An expedited landdivision:

(a) Is an action of a local governmentthat:

(A) Includes land that is zoned for resi-dential uses and is within an urban growthboundary.

(B) Is solely for the purposes of residen-tial use, including recreational or open spaceuses accessory to residential use.

(C) Does not provide for dwellings or ac-cessory buildings to be located on land thatis specifically mapped and designated in thecomprehensive plan and land use regulationsfor full or partial protection of natural fea-tures under the statewide planning goals thatprotect:

(i) Open spaces, scenic and historic areasand natural resources;

(ii) The Willamette River Greenway;(iii) Estuarine resources;



(iv) Coastal shorelands; and(v) Beaches and dunes.(D) Satisfies minimum street or other

right-of-way connectivity standards estab-lished by acknowledged land use regulationsor, if such standards are not contained in theapplicable regulations, as required by state-wide planning goals or rules.

(E) Creates enough lots or parcels to al-low building residential units at 80 percentor more of the maximum net density permit-ted by the zoning designation of the site.

(b) Is a land division that:(A) Will create three or fewer parcels

under ORS 92.010; and(B) Meets the criteria set forth for an

action under paragraph (a)(A) to (D) of thissubsection.

(2) An expedited land division as de-scribed in this section is not a land use de-cision or a limited land use decision underORS 197.015 or a permit under ORS 215.402or 227.160.

(3) The provisions of ORS 197.360 to197.380 apply to all elements of a local gov-ernment comprehensive plan and land useregulations applicable to a land division, in-cluding any planned unit development stan-dards and any procedures designed toregulate:

(a) The physical characteristics of per-mitted uses;

(b) The dimensions of the lots or parcelsto be created; or

(c) Transportation, sewer, water, drain-age and other facilities or services necessaryfor the proposed development, including butnot limited to right-of-way standards, facilitydimensions and on-site and off-site improve-ments.

(4) An application to a local governmentfor an expedited land division shall describethe manner in which the proposed divisioncomplies with each of the provisions of sub-section (1) of this section. [1995 c.595 §7]

197.365 Application for expedited landdivision; notice requirements; procedure.When requested by an applicant for an expe-dited land division, in lieu of the procedureset forth in its comprehensive plan and landuse regulations, the local government shalluse the following procedures for an expeditedland division under ORS 197.360:

(1)(a) If the application for expedited landdivision is incomplete, the local governmentshall notify the applicant of exactly what in-formation is missing within 21 days of re-ceipt of the application and allow theapplicant to submit the missing information.

For purposes of computation of time underthis section, the application shall be deemedcomplete on the date the applicant submitsthe requested information or refuses in writ-ing to submit it.

(b) If the application was complete whenfirst submitted or the applicant submits therequested additional information within 180days of the date the application was firstsubmitted, approval or denial of the applica-tion shall be based upon the standards andcriteria that were applicable at the time theapplication was first submitted.

(2) The local government shall providewritten notice of the receipt of the completedapplication for an expedited land division toany state agency, local government or specialdistrict responsible for providing public fa-cilities or services to the development and toowners of property within 100 feet of the en-tire contiguous site for which the applicationis made. The notification list shall be com-piled from the most recent property tax as-sessment roll. For purposes of appeal to thereferee under ORS 197.375, this requirementshall be deemed met when the local govern-ment can provide an affidavit or other certi-fication that such notice was given. Noticeshall also be provided to any neighborhoodor community planning organization recog-nized by the governing body and whoseboundaries include the site.

(3) The notice required under subsection(2) of this section shall:

(a) State:(A) The deadline for submitting written

comments;(B) That issues that may provide the ba-

sis for an appeal to the referee must beraised in writing prior to the expiration ofthe comment period; and

(C) That issues must be raised with suf-ficient specificity to enable the local govern-ment to respond to the issue.

(b) Set forth, by commonly used citation,the applicable criteria for the decision.

(c) Set forth the street address or othereasily understood geographical reference tothe subject property.

(d) State the place, date and time thatcomments are due.

(e) State a time and place where copiesof all evidence submitted by the applicantwill be available for review.

(f) Include the name and telephone num-ber of a local government contact person.

(g) Briefly summarize the local decision-making process for the expedited land divi-sion decision being made.



(4) After notice under subsections (2) and(3) of this section, the local governmentshall:

(a) Provide a 14-day period for submissionof written comments prior to the decision.

(b) Make a decision to approve or denythe application within 63 days of receiving acompleted application, based on whether itsatisfies the substantive requirements of thelocal government’s land use regulations. Anapproval may include conditions to ensurethat the application meets the applicableland use regulations. For applications sub-ject to this section, the local government:

(A) Shall not hold a hearing on the ap-plication; and

(B) Shall issue a written determinationof compliance or noncompliance with appli-cable land use regulations that includes asummary statement explaining the determi-nation. The summary statement may be inany form reasonably intended to communi-cate the local government’s basis for the de-termination.

(c) Provide notice of the decision to theapplicant and to those who received noticeunder subsection (2) of this section within 63days of the date of a completed application.The notice of decision shall include:

(A) The summary statement described inparagraph (b)(B) of this subsection; and

(B) An explanation of appeal rights underORS 197.375. [1995 c.595 §8]

197.370 Failure of local government toapprove or deny application within speci-fied time. (1) Except as provided in subsec-tion (2) of this section, if the localgovernment does not make a decision on anexpedited land division within 63 days afterthe application is deemed complete, the ap-plicant may apply in the circuit court for thecounty in which the application was filed fora writ of mandamus to compel the local gov-ernment to issue the approval. The writ shallbe issued unless the local government showsthat the approval would violate a substantiveprovision of the applicable land use regu-lations or the requirements of ORS 197.360.A decision of the circuit court under thissection may be appealed only to the Courtof Appeals.

(2) After seven days’ notice to the appli-cant, the governing body of the local gov-ernment may, at a regularly scheduled publicmeeting, take action to extend the 63-daytime period to a date certain for one or moreapplications for an expedited land divisionprior to the expiration of the 63-day period,based on a determination that an unexpectedor extraordinary increase in applicationsmakes action within 63 days impracticable.In no case shall an extension be to a date

more than 120 days after the application wasdeemed complete. Upon approval of an ex-tension, the provisions of ORS 197.360 to197.380, including the mandamus remedyprovided by subsection (1) of this section,shall remain applicable to the expedited landdivision, except that the extended periodshall be substituted for the 63-day periodwherever applicable.

(3) The decision to approve or not ap-prove an extension under subsection (2) ofthis section is not a land use decision orlimited land use decision. [1995 c.595 §9]

197.375 Appeal of decision on applica-tion for expedited land division; noticerequirements; standards for review; pro-cedure; costs. (1) An appeal of a decisionmade under ORS 197.360 and 197.365 shall bemade as follows:

(a) An appeal must be filed with the localgovernment within 14 days of mailing of thenotice of the decision under ORS 197.365 (4),and shall be accompanied by a $300 depositfor costs.

(b) A decision may be appealed by:(A) The applicant; or(B) Any person or organization who files

written comments in the time period estab-lished under ORS 197.365.

(c) An appeal shall be based solely on al-legations:

(A) Of violation of the substantive pro-visions of the applicable land use regulations;

(B) Of unconstitutionality of the decision;(C) That the application is not eligible

for review under ORS 197.360 to 197.380 andshould be reviewed as a land use decision orlimited land use decision; or

(D) That the parties’ substantive rightshave been substantially prejudiced by an er-ror in procedure by the local government.

(2) The local government shall appoint areferee to decide the appeal of a decisionmade under ORS 197.360 and 197.365. Thereferee shall not be an employee or officialof the local government. However, a localgovernment that has designated a hearingsofficer under ORS 215.406 or 227.165 maydesignate the hearings officer as the refereefor appeals of a decision made under ORS197.360 and 197.365.

(3) Within seven days of being appointedto decide the appeal, the referee shall notifythe applicant, the local government, theappellant if other than the applicant, anyperson or organization entitled to notice un-der ORS 197.365 (2) that provided writtencomments to the local government and allproviders of public facilities and services en-titled to notice under ORS 197.365 (2) and



advise them of the manner in which theymay participate in the appeal. A person ororganization that provided written commentsto the local government but did not file anappeal under subsection (1) of this sectionmay participate only with respect to the is-sues raised in the written comments submit-ted by that person or organization. Thereferee may use any procedure for decision-making consistent with the interests of theparties to ensure a fair opportunity to pres-ent information and argument. The refereeshall provide the local government an oppor-tunity to explain its decision, but is not lim-ited to reviewing the local governmentdecision and may consider information notpresented to the local government.

(4)(a) The referee shall apply the sub-stantive requirements of the localgovernment’s land use regulations and ORS197.360. If the referee determines that theapplication does not qualify as an expeditedland division as described in ORS 197.360,the referee shall remand the application forconsideration as a land use decision or lim-ited land use decision. In all other cases, thereferee shall seek to identify means by whichthe application can satisfy the applicable re-quirements.

(b) The referee may not reduce the den-sity of the land division application. The ref-eree shall make a written decision approvingor denying the application or approving itwith conditions designed to ensure that theapplication satisfies the land use regulations,within 42 days of the filing of an appeal. Thereferee may not remand the application tothe local government for any reason otherthan as set forth in this subsection.

(5) Unless the governing body of the localgovernment finds exigent circumstances, areferee who fails to issue a written decisionwithin 42 days of the filing of an appeal shallreceive no compensation for service as ref-eree in the appeal.

(6) Notwithstanding any other provisionof law, the referee shall order the local gov-ernment to refund the deposit for costs to anappellant who materially improves his or herposition from the decision of the local gov-ernment. The referee shall assess the cost ofthe appeal in excess of the deposit for costs,up to a maximum of $500, including the de-posit paid under subsection (1) of this sec-tion, against an appellant who does notmaterially improve his or her position fromthe decision of the local government. The lo-cal government shall pay the portion of thecosts of the appeal not assessed against theappellant. The costs of the appeal include thecompensation paid the referee and costs in-curred by the local government, but not thecosts of other parties.

(7) The Land Use Board of Appeals doesnot have jurisdiction to consider any deci-sions, aspects of decisions or actions madeunder ORS 197.360 to 197.380.

(8) Any party to a proceeding before areferee under this section may seek judicialreview of the referee’s decision in the man-ner provided for review of final orders of theLand Use Board of Appeals under ORS197.850 and 197.855. The Court of Appealsshall review decisions of the referee in thesame manner as provided for review of finalorders of the Land Use Board of Appeals inthose statutes. However, notwithstandingORS 197.850 (9) or any other provision oflaw, the court shall reverse or remand thedecision only if the court finds:

(a) That the decision does not concern anexpedited land division as described in ORS197.360 and the appellant raised this issue inproceedings before the referee;

(b) That there is a basis to vacate thedecision as described in ORS 36.705 (1)(a) to(d), or a basis for modification or correctionof an award as described in ORS 36.710; or

(c) That the decision is unconstitutional.[1995 c.595 §10; 2003 c.598 §37]

197.380 Application fees for expeditedland division. Each city and county shallestablish an application fee for an expeditedland division. The fee shall be set at a levelcalculated to recover the estimated full costof processing an application, including thecost of appeals to the referee under ORS197.375, based on the estimated average costof such applications. Within one year of es-tablishing the fee required under this sec-tion, the city or county shall review andrevise the fee, if necessary, to reflect actualexperience in processing applications underORS 197.360 to 197.380. [1995 c.595 §11; 1999 c.348§8]

ACTIVITIES ON FEDERAL LAND197.390 Activities on federal land; list;

permit required; enjoining violations. (1)The Land Conservation and DevelopmentCommission shall study and compile a list ofall activities affecting land use planningwhich occur on federal land and which thestate may regulate or control in any degree.

(2) No activity listed by the commissionpursuant to subsection (1) of this sectionwhich the state may regulate or controlwhich occurs upon federal land shall beundertaken without a permit issued underORS 197.395.

(3) Any person or agency acting in vio-lation of subsection (2) of this section maybe enjoined in civil proceedings brought inthe name of the State of Oregon. [1975 c.486§2; 1981 c.748 §33]



197.395 Application for permit; reviewand issuance; conditions; restrictions; re-view. (1) Any person or public agency desir-ing to initiate an activity which the statemay regulate or control and which occursupon federal land shall apply to the localgovernment in which the activity will takeplace for a permit. The application shallcontain an explanation of the activity to beinitiated, the plans for the activity and anyother information required by the local gov-ernment as prescribed by rule of the LandConservation and Development Commission.

(2) If the local government finds after re-view of the application that the proposed ac-tivity complies with goals and thecomprehensive plans of the local governmentaffected by the activity, it shall approve theapplication and issue a permit for the activ-ity to the person or public agency applyingfor the permit. If the governing body doesnot approve or disapprove the permit within60 days of receipt of the application, the ap-plication shall be considered approved.

(3) The local government may prescribeand include in the permit any conditions orrestrictions that it considers necessary toassure that the activity complies with thegoals and the comprehensive plans of the lo-cal governments affected by the activity.

(4) Actions pursuant to this section aresubject to review under ORS 197.830 to197.845. [1975 c.486 §3; 1977 c.664 §26; 1979 c.772 §7c;1981 c.748 §40; 1983 c.827 §44]

197.400 [1973 c.80 §25; 1977 c.664 §27; repealed by1981 c.748 §56]

AREAS OF CRITICAL CONCERN197.405 Designation of areas of critical

state concern; commission recommen-dation; committee review; approval byLegislative Assembly. (1) The Land Con-servation and Development Commission mayrecommend to appropriate legislative com-mittees the designation of areas of criticalstate concern. Each such recommendation:

(a) Shall specify the reasons for the im-plementation of additional state regulationsfor the described geographic area;

(b) Shall include a brief summary of theexisting programs and regulations of stateand local agencies applicable to the area;

(c) May include a management plan forthe area indicating the programs and regu-lations of state and local agencies, if any,unaffected by the proposed state regulationsfor the area;

(d) May establish permissible use limita-tions for all or part of the area;

(e) Shall locate a boundary describing thearea; and

(f) May designate permissible use stan-dards for all or part of the lands within thearea or establish standards for issuance ordenial of designated state or local permitsregulating specified uses of lands in the area,or both.

(2) The commission may act under sub-section (1) of this section on its own motionor upon the recommendation of a stateagency or a local government. If the com-mission receives a recommendation from astate agency or a local government and findsthe proposed area to be unsuitable for desig-nation, it shall notify the state agency or thelocal government of its decision and its rea-sons for that decision.

(3) Immediately following its decision tofavorably recommend to the Legislative As-sembly the designation of an area of criticalstate concern, the commission shall submitthe proposed designation accompanied by thesupporting materials described in subsection(1) of this section to the appropriate legisla-tive committees for review.

(4) No proposed designation under sub-section (1) of this section shall take effectunless it has first been submitted to appro-priate legislative committees under subsec-tion (3) of this section and has been approvedby the Legislative Assembly. The LegislativeAssembly may adopt, amend or reject theproposed designation. [1973 c.80 §26; 1977 c.664 §28;1981 c.748 §12; 2007 c.354 §11]

197.410 Use and activities regulated;enjoining violations. (1) No use or activitysubjected to state regulations required or al-lowed for a designated area of critical stateconcern shall be undertaken except in ac-cordance with the applicable state regu-lations.

(2) Any person or agency acting in vio-lation of subsection (1) of this section maybe enjoined in civil proceedings brought inthe name of the county or the State of Ore-gon. [1973 c.80 §30; 1977 c.664 §29; 1981 c.748 §13]

197.415 [1973 c.80 §27; 1977 c.664 §30; repealed by1981 c.748 §56]

197.416 Metolius Area of Critical StateConcern. (1) As used in this section, “Meto-lius Area of Critical State Concern” meansthe areas identified as Area 1 and Area 2 inthe management plan recommended by theLand Conservation and Development Com-mission.

(2) Pursuant to ORS 197.405 (4), the Leg-islative Assembly hereby approves the rec-ommendation of the commission, submittedto the Legislative Assembly on April 2, 2009,that the Metolius Area of Critical StateConcern be designated an area of criticalstate concern.



(3) The Legislative Assembly approvesthe management plan included in thecommission’s recommendation pursuant toORS 197.405 (1)(c) and directs the commis-sion to adopt the management plan, by rule,without change except that:

(a) The management plan must require:(A) The commission to give notice of

proposed amendments to the managementplan to the governing bodies of JeffersonCounty and of the Confederated Tribes of theWarm Springs Indian Reservation; and

(B) If either governing body files a writ-ten objection to the proposed amendments,the commission to adopt the proposedamendments only if the commission finds byclear and convincing evidence that the pro-posed amendments meet the requirements ofsubsection (5) of this section.

(b) The management plan must limit de-velopment of a small-scale recreation com-munity within township 13 south, range 10east, sections 20, 21, 28 and 29 in JeffersonCounty so that all units must be sited withinup to 25 clusters that may be connected onlyby a road system. The commission may notenforce, and shall modify, a contrary pro-vision in the management plan.

(c) Descriptions in the management planof annual average water use must refer toannual average consumptive water use. Thecommission may not enforce, and shall mod-ify, a contrary provision in the managementplan.

(4) Except as otherwise provided in thissection, the commission may amend themanagement plan only as provided in themanagement plan and only pursuant to ap-plicable rulemaking procedures.

(5) In addition to limitations on develop-ment that are contained in the managementplan, new development allowed by amend-ment of the management plan, except devel-opment allowed by the administrativeamendments required by subsection (3) ofthis section, may not result in:

(a) Negative impact on the MetoliusRiver, its springs or its tributaries;

(b) Negative impact on fish resources inthe Metolius Area of Critical State Concern;or

(c) Negative impact on the wildlife re-sources in the Metolius Area of CriticalState Concern.

(6) A county may not approve siting adestination resort in the Metolius Area ofCritical State Concern. [2009 c.712 §1]

Note: 197.416 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 197 or any series therein by legislative

action. See Preface to Oregon Revised Statutes for fur-ther explanation.

197.420 [1973 c.80 §28; 1977 c.664 §31; repealed by1981 c.748 §56]

197.425 [1973 c.80 §29; 1977 c.664 §32; repealed by1981 c.748 §56]

197.430 Enforcement powers. If thecounty governing body or the Land Conser-vation and Development Commission deter-mines the existence of an alleged violationunder ORS 197.410, it may:

(1) Investigate, hold hearings, enter or-ders and take action that it deems appropri-ate under ORS chapters 195, 196 and 197, assoon as possible.

(2) For the purpose of investigating con-ditions relating to the violation, through itsmembers or its duly authorized represen-tatives, enter at reasonable times upon anyprivate or public property.

(3) Conduct public hearings.(4) Publish its findings and recommen-

dations as they are formulated relative to theviolation.

(5) Give notice of any order relating to aparticular violation of the state regulationsfor the area involved or a particular vio-lation of ORS chapters 195, 196 and 197 bymailing notice to the person or public bodyconducting or proposing to conduct the proj-ect affected in the manner provided by ORSchapter 183. [1973 c.80 §31; 1977 c.664 §33; 1981 c.748§14]

RESIDENTIAL AND RECREATIONALDEVELOPMENT

(Temporary provisions relating totransferable development

opportunities)Note: Sections 1, 1a, 6, 7, 8 and 9, chapter 636,

Oregon Laws 2009, provide:Sec. 1. The Legislative Assembly finds that:(1) Providing for rural unemployment reductions

and living wage job opportunities brings stability toeconomically distressed rural communities.

(2) Sections 1 to 9 of this 2009 Act are intended toreduce unemployment and create living wage jobs ineconomically distressed counties.

(3) Working forests make vital contributions toOregon by providing jobs, timber, timber products, taxbase and other social and economic benefits, by helpingto maintain soil, air and water resources, by reducinglevels of carbon dioxide in the atmosphere and by pro-viding habitat for wildlife and aquatic life.

(4) Population growth, escalating land values, in-creasing risks due to wildfire and invasive species, andchanges in land ownership and management objectives,with a resulting increase in conflict caused by dispersedresidential development, require that new methods bedeveloped to facilitate continued management of privatelands zoned for forest use for timber harvest.

(5) It is the public policy of the State of Oregon to:(a) Explore alternative methods to encourage the

continued management of private forestlands for timberproduction.



(b) Protect water quality, wildlife habitat and otherimportant natural resources by limiting location of dis-persed residential development on forestlands.

(c) Provide for an orderly and efficient transitionfrom rural to urban land uses by establishing locationsat which residential development rights or developmentopportunities transferred from forestlands may be used.

(d) Provide for a limited number of demonstrationprojects for small-scale recreation communities that:

(A) Create incentives for economic development inareas that are in need of long-term job creation;

(B) Enhance the state’s leadership in sustainabilityand natural resource stewardship;

(C) Encourage appropriate public access to andstewardship of recreational resources on public landsconsistent with the carrying capacity of the lands andresources; and

(D) Provide for additional sources of long-termfunding for stewardship of natural resources. [2009 c.636§1]

Sec. 1a. Sections 1 to 9 of this 2009 Act may becited as the Rural Unemployment Reductions andLiving-Wage Job Opportunities Bring Stability Act orthe RURAL JOBS Act. [2009 c.636 §1a]

Sec. 6. (1) There is established the Oregon Transferof Development Rights Pilot Program in the Departmentof Land Conservation and Development. Working withthe State Forestry Department, the State Department ofAgriculture and local governments and with other stateagencies, as appropriate, the Department of Land Con-servation and Development shall implement the pilotprogram.

(2) The Land Conservation and Development Com-mission shall adopt rules to implement the pilot pro-gram. The commission, by rule, may:

(a) Establish a maximum ratio of transferable de-velopment rights to severed development interests in asending area for each pilot project. The maximum ratio:

(A) Must be calculated to protect lands plannedand zoned for forest use and to create incentives forowners of land in the sending area to participate in thepilot project;

(B) May not exceed one transferable developmentright to one severed development interest if the receiv-ing area is outside of urban growth boundaries andoutside unincorporated communities;

(C) May not exceed two transferable developmentrights to one severed development interest if the re-ceiving area is in an unincorporated community; and

(D) Must be consistent with plans for public facili-ties and services in the receiving area.

(b) Require participating owners of land in a send-ing area to grant conservation easements pursuant toORS 271.715 to 271.795, or otherwise obligate themselves,to ensure that additional residential development oftheir property does not occur.

(3) The commission, by rule, shall establish aprocess for selecting pilot projects from among potentialprojects nominated by local governments. The processmust require local governments to nominate potentialprojects by submitting a concept plan for each proposedpilot project, including proposed amendments, if any, tothe comprehensive plan and land use regulations im-plementing the plan that are necessary to implement thepilot project.

(4) When selecting a pilot project, the commissionmust find that the pilot project is:

(a) Reasonably likely to provide a net benefit to theforest economy or the agricultural economy of thisstate;

(b) Designed to avoid or minimize adverse effectson transportation, natural resources, public facilities

and services, nearby urban areas and nearby farm andforest uses; and

(c) Designed so that new development authorized ina receiving area does not conflict with a resource orarea inventoried under a statewide land use planninggoal relating to natural resources, scenic and historicareas and open spaces, or with an area identified as aConservation Opportunity Area in the “Oregon Conser-vation Strategy” adopted by the State Fish and WildlifeCommission and published by the State Department ofFish and Wildlife in September of 2006.

(5) The commission may select up to three pilotprojects for the transfer of development rights undersections 6 to 8, chapter 636, Oregon Laws 2009.

(6) A sending area for a pilot project under sections6 to 8, chapter 636, Oregon Laws 2009:

(a) Must be planned and zoned for forest use;(b) May not exceed 10,000 acres; and(c) Must contain four or fewer dwelling units per

square mile.(7) The commission may establish additional re-

quirements for sending areas.(8)(a) Except as provided otherwise in paragraph

(b) of this subsection, a local government participatingin a pilot project shall select a receiving area for thepilot project based on the following priorities:

(A) First priority is lands within an urban growthboundary.

(B) Second priority is lands that are adjacent toan urban growth boundary and that are subject to anexception from a statewide land use planning goal re-lating to agricultural lands or forestlands.

(C) Third priority is lands that are:(i) Within an urban unincorporated community or

a rural community; or(ii) In a resort community, or a rural service cen-

ter, that contains at least 100 dwelling units at the timethe pilot project is approved.

(D) Fourth priority is exception areas approvedunder ORS 197.732 that are adjacent to urban unincor-porated communities or rural communities, if the countyagrees to bring the receiving area within the boundariesof the community and to provide the community withwater and sewer service.

(b) The commission may authorize a local govern-ment to select lower priority lands over higher prioritylands for a receiving area in a pilot project only if thelocal government has established, to the satisfaction ofthe commission, that selecting higher priority lands asthe receiving area is not likely to result in theseverance and transfer of a significant proportion of thedevelopment interests in the sending area within fiveyears after the receiving area is established.

(c) The minimum residential density of developmentallowed in receiving areas intended for residential de-velopment is:

(A) For second priority lands described in para-graph (a)(B) of this subsection, at least five dwellingunits per net acre or 125 percent of the average resi-dential density allowed within the urban growthboundary when the pilot project is approved by thecommission, whichever is greater.

(B) For third priority and fourth priority lands de-scribed in paragraph (a)(C) and (D) of this subsection,at least 125 percent of the average residential densityallowed on land planned for residential use within theunincorporated community when the pilot project isapproved by the commission.

(d) For third and fourth priority lands described inparagraph (a)(C) and (D) of this subsection that arewithin one jurisdiction but adjacent to another juris-



diction, the written consent of the adjacent jurisdictionis required for designation of the receiving area.

(e) A receiving area may not be located within 10miles of the Portland metropolitan area urban growthboundary.

(9) The commission may establish additional re-quirements for receiving areas.

(10) The commission, by rule, may provide a bonusin the form of a higher transfer ratio if a substantialportion of the new development in the receiving areaof the pilot project is affordable housing within an ur-ban growth boundary. [2009 c.636 §6; 2010 c.5 §3; 2011c.144 §1]

Sec. 7. (1) Notwithstanding contrary provisions ofstatewide land use planning goals relating to public fa-cilities and services and urbanization, and notwith-standing ORS 215.700 to 215.780, a local government maychange its comprehensive plan and land use regulationsimplementing the plan to allow residential developmentin a receiving area consistent with sections 6 to 8,chapter 636, Oregon Laws 2009, if the Land Conserva-tion and Development Commission has approved a con-cept plan for the pilot project.

(2) The local governments having land use juris-diction over lands included in the sending area and thereceiving area for the pilot project shall adopt amend-ments to their respective comprehensive plans and landuse regulations implementing the plans that are con-sistent with subsection (3) of this section.

(3) When the commission has approved a proposedconcept plan, the local governments having land usejurisdiction over the affected sending area and affectedreceiving area shall adopt overlay zone provisions andcorresponding amendments to the comprehensive planand land use regulations implementing the plan thatidentify the additional development allowed throughparticipation in the pilot project. The Department ofLand Conservation and Development shall review theoverlay zones and corresponding comprehensive planamendments in the manner of periodic review underORS 197.628 to 197.650 [series became 197.628 to 197.651].

(4) Notwithstanding ORS 197.296 and 197.298 andstatewide land use planning goals relating tourbanization, a local government may amend its urbangrowth boundary to include adjacent lands in a receiv-ing area, consistent with an approved concept plan, ifthe net residential density of development authorized inthe receiving area is at least five dwelling units per netacre or 125 percent of the average residential densityallowed on land planned for residential use within theurban growth boundary when the pilot project is ap-proved by the commission, whichever is greater.

(5) Local governments or other entities may estab-lish a development rights bank or other system to fa-cilitate the transfer of development rights.

(6) A county shall review an application for a pilotproject under sections 6 to 8, chapter 636, Oregon Laws2009, as a comprehensive plan amendment. A countymay apply other procedures, including master plan ap-proval, site plan review or conditional use review as thecounty finds appropriate to subsequent phases of reviewof the pilot project.

(7) When development rights transfers authorizedby the pilot project under sections 6 to 8, chapter 636,Oregon Laws 2009, result in the transfer of developmentrights from the jurisdiction of one local government toanother local government and cause a potential shiftof ad valorem tax revenues between jurisdictions, thelocal governments may enter into an intergovernmentalagreement under ORS 190.003 to 190.130 that providesfor sharing between the local governments of the pro-spective ad valorem tax revenues derived from new de-velopment in the receiving area. [2009 c.636 §7; 2011c.144 §2]

Sec. 8. (1) The Department of Land Conservationand Development, the State Forestry Department, a lo-cal government participating in the Oregon Transfer ofDevelopment Rights Pilot Program or a third-partyholder identified by the Department of Land Conserva-tion and Development may hold, monitor or enforce aconservation easement pursuant to ORS 271.715 to271.795 or other property interest to ensure that landsin sending areas do not retain residential developmentrights transferred under sections 6 to 8 of this 2009 Act.

(2) An entity that is eligible to be a holder of aconservation easement may acquire, from a willingseller in the manner provided by ORS 271.715 to 271.795,the right to carry out a use of land authorized underrules of the Land Conservation and Development Com-mission implementing the pilot program. [2009 c.636 §8]

Sec. 9. (1) As used in this section:(a) “Community forestlands” has the meaning given

that term in ORS 530.600.(b) “Skyline Forest” means that certain real prop-

erty consisting of approximately 33,000 contiguous acresin Deschutes County owned on June 1, 2009, by CascadeTimberlands (Oregon) LLC and located within sections7, 8, 15, 16, 17, 18, 19, 20, 21, 22, 26, 27, 28, 29, 30, 31, 32,33, 34, 35 and 36, township 16 south, range 10 east;sections 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 22,23, 24, 25, 26, 27, 35 and 36, township 17 south, range 10east; and sections 6, 7, 8, 9, 17, 18, 19, 20, 29, 30, 31, 32and 33, township 17 south, range 11 east.

(c) “Skyline Forest Sustainable Development Area”means a portion of up to 3,000 contiguous acres of thetract known as the Skyline Forest that is located intownship 16 south, range 10 east, Deschutes County:portions of the northwest quarter, southwest quarter,southeast quarter, northeast quarter of section 7; por-tions of the northwest quarter, southwest quarter,southeast quarter of section 8; portions of the southwestquarter of section 16; portions of the northwest quarter,southwest quarter, southeast quarter, northeast quarterof section 17; portions of the northwest quarter, south-west quarter, southeast quarter, northeast quarter ofsection 18; section 19; portions of the northwest quarter,southwest quarter, northeast quarter of section 20; por-tions of the northwest quarter of section 21; portionsof the northwest quarter of section 29; and portions ofthe north half of section 30.

(d) “Skyline Conservation Tract” means the portionof the Skyline Forest consisting of approximately 30,000contiguous acres that is not included within the SkylineForest Sustainable Development Area.

(e) “Southern Conservation Tract” means that cer-tain real property consisting of approximately 34,700acres in Deschutes and Klamath Counties owned onJune 1, 2009, by Cascade Timberlands (Oregon) LLC andlocated within one of the following areas:

(A) “Area one” consists of approximately 14,000acres of land located within sections 1, 2, 3, 10, 11, 12,13, 14, 15, 21, 22, 23, 25, 26, 27, 28, 29, 32, 33, 34 and 35of township 22 south, range 9 east, Deschutes County;and sections 5, 6, 7, 8, 17, 18, 30 and 31 of township 22south, range 10 east, Deschutes County;

(B) “Area two” consists of approximately 9,700acres of land located within sections 2, 3, 4, 5, 9, 10, 11,14, 15, 17, 19, 20, 21, 22, 23, 27, 28, 29, 30, 31, 32, 33 and34 of township 23 south, range 9 east, Klamath Countyand the portion of Parcel 3, Partition Plat No. 34-08located in township 23 south, range 9 east, KlamathCounty; and

(C) “Area three” consists of approximately 11,000acres of land located within sections 14, 23, 24, 25, 26,34 and 35 of township 23 south, range 9 east; sections3, 4, 8, 9 and 17 of township 24 south, range 9 east;section 1 of township 25 south, range 7 east; sections1, 2, 3, 4, 9, 10, 12, 13, 14, 15, 16 and 17 of township 25south, range 8 east; Parcel 1, Partition Plat No. 34-08



located in township 24 south, ranges 7 and 8 east, andtownship 25 south, range 8 east, Klamath County; andthe portion of Parcel 3, Partition Plat No. 34-08 locatedin township 24 south, ranges 8 and 9 east, KlamathCounty and lying west of U.S. Route 97.

(f) “Land trust” means the Deschutes Land Trust,an Oregon nonprofit corporation or another nonprofitconservation organization that is either accredited bythe Land Trust Accreditation Commission or is na-tionally recognized as a land conservation organization,the primary mission of which is land conservation.

(2) Contingent upon satisfaction of the require-ments of subsection (3) of this section, the Skyline For-est Sustainable Development Area may be developedand used for the following purposes:

(a) The Skyline Forest Sustainable DevelopmentArea may contain up to 282 residential units, acaretaker’s residence, a restaurant, a small communitystore, a small-scale community conference center, anequestrian facility, small-scale recreational, commercialand basic service uses, and all utility, maintenance andsecurity facilities necessary to support the development.The residential units may be permanent residences,rental units or lodging units. The specific number ofresidential units allowed within the Skyline ForestSustainable Development Area, up to a maximum of 282,is dependent upon the number of acres of the SkylineConservation Tract and the Southern ConservationTract conveyed to a land trust or a federal or stateagency pursuant to this section. Up to:

(A) 137 residential units shall be allowed within theSkyline Forest Sustainable Development Area in ex-change for the conveyance of the Skyline ConservationTract to a land trust;

(B) 183 residential units shall be allowed within theSkyline Forest Sustainable Development Area in ex-change for the conveyance of the Skyline ConservationTract and area one of the Southern Conservation Tractto a land trust or to a federal or state agency;

(C) 224 residential units shall be allowed within theSkyline Forest Sustainable Development Area in ex-change for the conveyance of the Skyline ConservationTract, area one and area two of the Southern Conser-vation Tract to a land trust or to a federal or stateagency; or

(D) 282 residential units shall be allowed within theSkyline Forest Sustainable Development Area in ex-change for the conveyance of the Skyline ConservationTract, area one, area two and area three of the South-ern Conservation Tract to a land trust or to a federalor state agency.

(b) The Skyline Forest Sustainable DevelopmentArea may not contain a golf course or golf-related fa-cilities.

(c) All development, not including access roads andutility lines to the Skyline Forest Sustainable Develop-ment Area and up to five acres for maintenance andsecurity facilities, shall be located on 1,200 contiguousacres within the Skyline Forest Sustainable Develop-ment Area. The owner shall use the remaining undevel-oped 1,800 acres of the Skyline Forest SustainableDevelopment Area for the primary purposes of minimiz-ing the risk of wildfire and maintaining wildlife habitatvalue. However, an equestrian facility may be locatedwithin the otherwise undeveloped 1,800 acres if the fa-cility is located on no more than 40 acres contiguousto the developed portion of the Skyline ForestSustainable Development Area. The owner shall causea conservation easement pursuant to ORS 271.715 to271.795 to be recorded on the entirety of the undevel-oped 1,800 acres prohibiting partitions and development,but allowing access roads, utility lines, maintenanceand security facilities and recreational uses, such aspicnic grounds, trails, the equestrian facility andrestrooms. The conservation easement must be held by

a land trust and shall contain terms agreed to by theState Department of Fish and Wildlife and the StateForestry Department.

(d) Roads, utility corridors and all utility facilitiesnecessary to serve the Skyline Forest Sustainable De-velopment Area shall be allowed as outright permitteduses within the Skyline Forest Sustainable DevelopmentArea, the Skyline Forest and on nearby lands regardlessof the comprehensive plan or zoning designation of thelands.

(e) The uses allowed by this subsection shall beallowed only upon approval of a master plan as pro-vided by subsection (5) of this section. The master planshall contain design criteria and standards to ensurethat sustainability principles will be incorporated intothe development and operation of uses within the Sky-line Forest Sustainable Development Area. The designcriteria and standards shall promote sustainable build-ing design, water conservation and energy conservation.

(f) The master plan described in subsection (5) ofthis section shall incorporate design criteria and stan-dards to ensure that there will be negligible visual im-pacts under normal daylight viewing conditions fromAwbrey Butte and the Plainview scenic turnout locatedon the McKenzie-Bend Highway No. 17, also known asU.S. Route 20, near milepost 9. The design criteria andstandards shall also require all outdoor lighting to bedownward facing, to the extent practicable.

(g) The Skyline Forest Sustainable DevelopmentArea shall be served by one primary access route andby one or more emergency and secondary access routesthat use existing roads as much as practicable. The ac-cess routes may be private or public roads, includingroads managed by the United States Forest Service. Theprimary access route shall intersect the McKenzie-BendHighway No. 17, also known as U.S. Route 20, betweenmileposts 3 and 6 to provide access from the easternboundary of the Skyline Forest Sustainable Develop-ment Area to the referenced highway.

(h) The Skyline Forest Sustainable DevelopmentArea, including all access roads, must be developed inconsultation with the State Department of Fish andWildlife to minimize impacts on wildlife, particularlydeer and elk populations.

(i) The Skyline Forest Sustainable DevelopmentArea, including all access roads, must be developed inconsultation with the State Forestry Department andthe United States Forest Service to minimize wildfirerisks.

(j) The owner of the Skyline Forest SustainableDevelopment Area shall provide adequate firefightingfacilities and services to address the needs of the de-velopment. All structures shall be designed and main-tained consistent with the default wildfire safetystandards of the Oregon Forestland-Urban InterfaceFire Protection Act of 1997, as set forth in administra-tive rules of the State Forestry Department.

(k) Any wells used to provide water for uses withinthe Skyline Forest Sustainable Development Area shallbe sited to minimize impacts of groundwater use onWhychus Creek and Melvin Springs.

(3) The land uses described in subsection (2) of thissection shall be allowed within the Skyline ForestSustainable Development Area upon the satisfaction ofthe following conditions:

(a) The owner of the Skyline Forest and theSouthern Conservation Tract transfers:

(A) The Skyline Conservation Tract to a land trustfor the purpose of creating community forestlands; and

(B) The Southern Conservation Tract, whether toa single buyer or multiple buyers, to a land trust for thepurpose of creating community forestlands or to a fed-eral or state agency. However, the owner may chooseto retain all or a portion of the Southern Conservation



Tract, in which case the number of residential units al-lowed within the Skyline Forest Sustainable Develop-ment Area shall be limited as set forth in subsection(2)(a) of this section.

(b) The consideration for any transfer does not ex-ceed the fair market value of the property as establishedby an appraisal based on the hypothetical condition orassumption that all development rights on the proper-ties, whether actual or potential, have been extinguishedas contemplated by subsection (7) of this section. Theappraisal must comply with the Uniform Standards ofProfessional Appraisal Practice. The appraisal shallcomply with the Uniform Appraisal Standards for Fed-eral Land Acquisitions if:

(A) The land trust or state agency proposes, in partor in whole, to use federal funds to purchase the prop-erty and has demonstrated a reasonable likelihood thatfederal funds will be secured for the purchase; or

(B) The property is being conveyed to a federalagency.

(c) The Skyline Conservation Tract and the South-ern Conservation Tract will be managed so that wildlifeand recreational values are safeguarded and the overallforest health, including sustainable timber productionand wildfire prevention, is maintained over the longterm.

(d) The owner of the Skyline Forest SustainableDevelopment Area obtains the land use approvals re-quired by subsection (5) of this section.

(4) The uses authorized by subsection (2) of thissection shall be allowed as outright permitted uses byDeschutes County, following approval of the masterplan required by subsection (5) of this section by Des-chutes County. The uses allowed by subsection (2) ofthis section are allowed notwithstanding those pro-visions of ORS 215.700 to 215.780 relating to lot size anddwelling standards on forestlands, those statewide landuse planning goals relating to agricultural lands, for-estlands, public facilities and services, transportationand urbanization and those provisions of DeschutesCounty’s comprehensive plan and land use regulationslimiting uses of forestlands. Approval of the master planand land division applications required by subsection(5) of this section for the development and use of theSkyline Forest Sustainable Development Area and allassociated road and utility corridors does not requireexceptions to any statewide planning goal or amend-ment of any local comprehensive plan or land use reg-ulation. Deschutes County shall apply only theprovisions of this section as standards and criteria foran application for, or amendment to, a master plan orland division application or other development permitapplications submitted pursuant to this section.

(5) The owner of the Skyline Forest SustainableDevelopment Area may submit an application to Des-chutes County for approval of a master plan for thedevelopment and use of the area. The application mustbe submitted within five years after the effective dateof chapter 636, Oregon Laws 2009 [June 29, 2009], subjectto the following:

(a) The master plan shall demonstrate compliancewith subsection (2) of this section and include a tenta-tive land division application to create the lots withinthe Skyline Forest Sustainable Development Area.

(b) Deschutes County shall process the master planand all land division applications pursuant to the pro-cedural review provisions of its local land use regu-lations. However, Deschutes County shall approve themaster plan and any tentative or final land divisionapplications if the applications are consistent with sub-sections (2) and (3) of this section. No additional landuse or land division standards shall apply to the ap-proval and development of the Skyline ForestSustainable Development Area.

(c) Deschutes County shall condition final approvalof the master plan and land division applications on theexecution of an agreement to record a conservationeasement in accordance with subsection (2)(c) of thissection, an agreement to transfer the Skyline Conserva-tion Tract to a land trust for the purpose of creatingcommunity forestlands and, if applicable, an agreementto transfer all or a portion of the Southern Conserva-tion Tract either to a land trust for the purpose of cre-ating community forestland or to a federal or stateagency. The agreements shall specify that recordationof the conservation easement, transfer of the SkylineConservation Tract and transfer of all or a portion ofthe Southern Conservation Tract shall be contingentupon the following terms:

(A) The owner of the Skyline Forest SustainableDevelopment Area shall obtain all federal, state andlocal licenses, permits, rights and other entitlementsnecessary for development of the Skyline ForestSustainable Development Area, each of which shall befinal and no longer subject to appeal;

(B) The land trust or the federal or state agencies,as applicable, shall obtain adequate funding to purchasethe Skyline Conservation Tract or the Southern Con-servation Tract, as applicable, in accordance with sub-section (3)(b) of this section; and

(C) The land trust or the federal or state agenciesshall develop and implement management standardsthat provide reasonable assurance to the owner of theSkyline Forest Sustainable Development Area that theSkyline Conservation Tract and the Southern Conser-vation Tract will be managed to establish forest health,manage wildfire risk and maintain compatibility withthe Skyline Forest Sustainable Development Area.

(d) The master plan and all associated land divi-sion plans shall govern development of the SkylineForest Sustainable Development Area in perpetuity andshall not expire. Regulations requiring the submittal offinal plats within a specified time period following ten-tative plan approval shall not apply to the SkylineForest Sustainable Development Area. The master planmay be amended at any time following an administra-tive review by Deschutes County. Deschutes Countyshall approve the amendments if the amended masterplan remains consistent with subsections (2) and (3) ofthis section.

(6) The Deschutes Land Trust, an Oregon nonprofitcorporation, shall have a right of first opportunity topurchase the Skyline Conservation Tract and theSouthern Conservation Tract, and any purchase agree-ment shall provide a minimum of three years for theDeschutes Land Trust to obtain funding for any pur-chase. If at any time after two years from the date ofany purchase agreement or the date of filing of a masterplan under subsection (5) of this section, whichever islater, the Deschutes Land Trust has failed to demon-strate a reasonable likelihood it will be able to obtainthe funds necessary to complete the purchase, the ownerof the Skyline Conservation Tract and the SouthernConservation Tract may seek alternative buyers for anyproperty that is the subject of a purchase agreementunder this subsection. The Deschutes Land Trust will ingood faith notify the owner of the Skyline ConservationTract and the Southern Conservation Tract if at anytime during the period of any purchase agreement theDeschutes Land Trust concludes it does not wish tocomplete the purchase or will be unable to obtain thenecessary funding to complete the purchase.

(7) Development and construction of uses withinthe Skyline Forest Sustainable Development Area mayproceed according to the approved master plan once thetransfer of fee title of the Skyline Conservation Tractand, as applicable, all or a portion of the SouthernConservation Tract, is complete. Following transfer offee title of the Skyline Conservation Tract and, as ap-plicable, all or a portion of the Southern ConservationTract, all development rights on the conveyed lands are



extinguished and the conveyed lands shall be thereaftermanaged as community forestlands or as federal orstate forestlands.

(8) At any time within five years after the effectivedate of chapter 636, Oregon Laws 2009, the owner of theSkyline Forest Sustainable Development Area may ei-ther file an application for a master plan pursuant tosubsection (5) of this section, or submit written noticeto Deschutes County and the Deschutes Land Truststating the owner’s intent to relinquish the developmentopportunities authorized by this section. Until theowner of the Skyline Forest Sustainable DevelopmentArea files a master plan application or submits a noticeof relinquishment under this subsection, the owner maynot divide, develop, obtain a lot of record determinationor prohibit public access to any portion of the SkylineForest. If the owner of the Skyline Forest SustainableDevelopment Area submits a notice of relinquishmentunder this subsection, or the owner allows the five-yeartime period to elapse without taking any action underthis subsection, the development opportunities author-ized by this section shall expire and the owner may di-vide, develop and prohibit public access to any portionof Skyline Forest pursuant to the laws in effect at thattime.

(9) If the owner of the Skyline Forest SustainableDevelopment Area does not file a master plan withinfive years of the effective date of chapter 636, OregonLaws 2009, or if Deschutes County does not approve amaster plan as provided in subsection (5) of this sectionwithin 10 years of the effective date of chapter 636, Or-egon Laws 2009, then the provisions of subsection (2)of this section shall cease to have any force or effect.

(10) The development opportunities provided by thissection are fully transferable and will run with the landin the event of a change of ownership of the SkylineForest or all or a portion of the Southern ConservationTract. [2009 c.636 §9; 2009 c.888 §4]

(Temporary provisions relating to residential and recreational

development)Note: Sections 1 and 2, chapter 686, Oregon Laws

2011, provide:Sec. 1. The Legislative Assembly finds and de-

clares that:(1) Working farms and cattle ranches make vital

contributions to Oregon by:(a) Providing jobs, timber, agricultural products,

tax base, tourism and other social and economic bene-fits;

(b) Helping to maintain soil, air and water re-sources;

(c) Reducing levels of carbon dioxide in the atmos-phere; and

(d) Providing habitat for wildlife and aquatic life.(2) New methods must be developed to facilitate

continued management of private farms and cattleranches as population growth, escalating land values,increasing risks from wildfire and invasive species, andchanges in land ownership or management objectivesresult in increased conflict with dispersed residentialdevelopment.

(3) The public policy of the State of Oregon is to:(a) Encourage, and explore alternative methods to

encourage, the continued management of private farmand forest lands for timber production, agriculturalproduction and cattle ranching.

(b) Protect water quality, wildlife habitat and otherimportant natural resources by limiting location of dis-persed residential development on farm and forest land.[2011 c.686 §1]

Sec. 2. (1) As used in this section:

(a) “Associated property” means real property, andimprovements, that is contiguous to and in commonownership with the development area.

(b) “Development area” means certain propertycontaining a guest ranch and consisting of approxi-mately 5,000 acres in common ownership that are lo-cated in township 17 south, range 31 east and township17 south, range 32 east, Grant County.

(2) Subject to approval of a master plan submittedto Grant County, the guest ranch may be expanded inthe development area in one or more phases to includethe uses authorized under this section if Grant Countyfinds that the master plan for the development areameets the standards set forth in subsections (4), (5) and(6) of this section, notwithstanding:

(a) Sections 2 and 3, chapter 84, Oregon Laws 2010.(b) Statewide land use planning goals and rules

implementing the goals and without taking an exceptionunder ORS 197.732 to a goal.

(c) The lot size and dwelling standards of ORS215.700 to 215.780.

(d) Provisions of the acknowledged comprehensiveplan or land use regulations of Grant County except as:

(A) Provided otherwise in this section; or(B) Necessary to protect the public health and

safety.(3) The development area may:(a) Contain up to 575 units of overnight accommo-

dations, including but not limited to lodging units,cabins, townhomes and fractional ownerships. Overnightaccommodations that are not lodging units, timesharesor fractional ownerships must be subject to deed re-strictions that limit use of the accommodations to useas overnight accommodations.

(b) Include restaurants, meeting and conference fa-cilities and commercial uses to meet the needs of visi-tors to the development area and associated property.

(c) Include developed recreational facilities includ-ing, but not limited to, tennis courts, spa facilities,equestrian facilities, swimming pools and bicycle paths.

(d) Not include sites for new residential dwellingsunless otherwise permitted under existing law or devel-oped for employees of the guest ranch or other uses al-lowed in the development area.

(4) The uses authorized by this section that are tobe developed on or after January 1, 2010, must be con-structed in the development area.

(5) Roads, utility corridors and utility facilitiesnecessary to serve the development area are authorizeduses. Roads in the development area:

(a) Must be all-weather roads.(b) Must remain unpaved to the greatest extent

practicable to discourage car use in most parts of thedevelopment area.

(c) Must be wide enough to accommodate emer-gency equipment.

(6) Upon receipt of an application for approval ofa master plan for the development and use of the de-velopment area, Grant County shall approve the masterplan if the county finds that the master plan:

(a) Demonstrates that the important natural fea-tures of the development area and associated property,including but not limited to habitat of threatened orendangered species, streams, rivers and significantwetlands, will be retained. Grant County may authorizealteration of important natural features, including theplacement of structures that maintain the overall valuesof the natural features, under the county’s applicableacknowledged comprehensive plan and land use regu-lations.



(b) Demonstrates that the development area andassociated property will be managed to provide signif-icant public benefits in the form of:

(A) Wildlife and aquatic habitat improvements, in-cluding tree planting, enhancement of riparian areasand restoration of meadows for wildlife; and

(B) Training and education programs.(c) Demonstrates that the development area and

associated property will be managed to provide a sig-nificant number of permanent jobs in Grant and HarneyCounties, to encourage the growth of ancillary andsupport businesses in Grant and Harney Counties, toencourage expansion of tourism opportunities for Grantand Harney Counties, and to provide opportunities toeducate the public about sustainable ranching andwildlife rehabilitation in conjunction with Oregon StateUniversity or another educational institution in theState of Oregon.

(d) Contains design criteria and standards thatpromote sustainability in the development area. Thecriteria and standards must promote energy and waterconservation, reduce, based on consultation with theState Department of Fish and Wildlife, adverse impactsof development on wildlife and reduce, based on con-sultation with the State Forestry Department, wildfirerisk.

(e) Demonstrates that overnight accommodationswill be clustered to minimize adverse impacts on fishand wildlife.

(f) Includes a proposed plat to create lots for thefirst phase of development in the development area.

(7) The planning director of Grant County may:(a) Approve by administrative review an amend-

ment to an approved master plan or an associated landdivision plan; or

(b) If the planning director determines that theproposed change may impact the findings made pursu-ant to subsection (6) of this section, refer the amend-ment to the Grant County Court for review. If theplanning director refers a proposed amendment to thecourt, the court shall approve the proposed change ifthe master plan, as amended, or the associated land di-vision plan, as amended, remains consistent with therequirements of this section.

(8) Grant County shall:(a) Apply only the provisions of this section and

the master plan as standards and criteria for approvalor amendment of the master plan and associated landdivision applications and development permit applica-tions submitted pursuant to this section.

(b) Process the master plan and associated landdivision applications pursuant to the procedural reviewprovisions of the acknowledged comprehensive plan andland use regulations. [2011 c.686 §2]

SITING SPEEDWAY DESTINATION197.431 Expansion of speedway desti-

nation site. (1) If the site described in ORS197.433 (1) is developed and used as a majormotor speedway with sanctioned, premier,high speed automobile racing within fiveyears after the county issues a certificate ofoccupancy for the major motor speedway, thesite may be expanded to include additionallands that are adjacent to the site if the ad-ditional lands are:

(a) Located in Morrow County withintownship 4 north, range 24 east of the Wil-lamette Meridian, sections 7, 8, 9, 10, 15, 16,

17, 18, 19, 20, 21 and 22 and the northeastquarter section of section 27; and

(b) Approved as part of a master plan asprovided in this section.

(2) After the major motor speedway isdeveloped and used for sanctioned, premier,high speed automobile racing, the governingbody of Morrow County may authorizeinclusion of the following uses on thespeedway destination site that are proposedin a master plan:

(a) Speedway supporting uses and facili-ties.

(b) Associated uses and facilities not pre-viously authorized pursuant to ORS 197.433(4).

(c) A speedway theme park not previ-ously authorized pursuant to ORS 197.433 (4).

(d) A speedway destination resort, if thespeedway destination resort is approved byMorrow County, subject to the requirementsof ORS 197.435 to 197.467, except that theproposed speedway destination resort siteneed not be included on a map of eligiblelands for destination resorts within thecounty otherwise required under ORS197.455, but the proposed speedway destina-tion resort site must meet the siting criteriaof ORS 197.455.

(3) The Port of Morrow or its designeemay apply to the governing body of MorrowCounty for approval to expand the site de-scribed in ORS 197.433 (1) or to amend theuses allowed on the speedway destinationsite by submission of a master plan as pro-vided in this section. A master plan must:

(a) Set forth the discretionary approvals,if any, required for completion of the devel-opment specified in the plan;

(b) Identify the conditions, terms, re-strictions and requirements for discretionaryapprovals;

(c) Establish a process for amending theplan;

(d) If the proposed development of thespeedway destination site is to be con-structed in phases, specify the dates onwhich each phase of phased construction isprojected to begin and end;

(e) Except as otherwise provided in thissection, comply with the Morrow Countycomprehensive plan and land use regulationsin existence at the time of the application;and

(f) Identify proposed comprehensive planamendments or zone changes that are neces-sary to authorize development of a speedwaydestination site and uses proposed as part ofthe plan.



(4) The governing body of MorrowCounty shall review a master plan and pro-posed changes to the acknowledged compre-hensive plan and land use regulations thatare necessary to implement a proposed mas-ter plan as provided in ORS 197.610 to197.625 and may approve the master plan andthe proposed changes if at the time of ap-proval:

(a) The major motor speedway is used forsanctioned, premier, high speed automobileracing; and

(b) The master plan conforms to the re-quirements of this section and other applica-ble laws and specifies:

(A) The duration and phasing of develop-ment proposed by the plan.

(B) A description, including location, ofthe proposed uses on the site, including:

(i) The proposed changes to the majormotor speedway;

(ii) The proposed associated uses and fa-cilities;

(iii) The proposed speedway supportinguses and facilities;

(iv) A speedway destination resort;(v) A speedway theme park;(vi) Sewage works for the speedway des-

tination site, including all facilities neces-sary for collecting, pumping, treating anddisposing of sewage;

(vii) Drainage works for the speedwaydestination site, including facilities necessaryfor collecting, pumping and disposing ofstorm and surface water;

(viii) Water supply works and service forthe speedway destination site, including thefacilities necessary for tapping naturalsources of domestic and industrial water,treating and protecting the quality of thewater and transmitting it to the site;

(ix) Public parks and recreation facilities,including land and facilities that are neces-sary for administering and maintaining thepublic parks, recreation facilities and recre-ation services;

(x) Public transportation, including pub-lic depots, public parking, storage and main-tenance facilities and other equipmentnecessary for the transportation of users andpatrons of the major motor speedway andtheir personal property; and

(xi) Public and private roads.(C) A description, including location, of

additional uses that are not specified in thissection, if the additional uses are proposedand approved in accordance with applicablelaws, statewide land use planning goals andthe provisions of the comprehensive plan and

land use regulations implementing the com-prehensive plan.

(D) The density and intensity of proposeduses.

(E) A schedule and plan for obtaining lo-cal government review of permits and otherauthorizations required for the developmentof allowed uses.

(F) The parties responsible for providingspeedway destination site infrastructure andservices. [2007 c.819 §4]

Note: 197.431 to 197.434 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 197 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

197.432 Definitions for ORS 197.431 to197.434. As used in ORS 197.431 to 197.434:

(1) “Associated uses and facilities”means:

(a) Speedway-related and accessory usesand facilities identified in the findings; and

(b) Road course garage units.(2) “Findings” means the Morrow County

Findings of Fact and Conclusions of Law,dated June 21, 2002, and September 24, 2003,in the matter of an application by the Portof Morrow for comprehensive plan and zon-ing amendments to allow the siting of aspeedway and related facilities at the Portof Morrow.

(3) “Major motor speedway” means oneor more race tracks including, at a minimum:

(a) An asphalt oval super speedway of atleast seven-eighths mile with grandstandseating capacity of 20,000 or more; or

(b) An asphalt road course of at least twomiles with grandstand seating capacity of20,000 or more.

(4) “Premier, high speed automobile rac-ing” means automobile racing that is proj-ected to attract 20,000 or more spectators toa race.

(5) “Road course garage unit” means afacility consisting of garages and residentialspaces not intended for overnight use.

(6) “Sanctioned” means subject to con-tractual agreements with one or more majorprofessional automobile racing organizationsthat may include, but are not limited to:

(a) Champ Car;(b) Indy Racing League (IRL);(c) National Association for Stock Car

Auto Racing, Inc. (NASCAR);(d) World of Outlaws (WoO);(e) National Hot Rod Association

(NHRA);(f) International Hot Rod Association

(IHRA);



(g) Sports Car Club of America (SCCA);(h) Grand American Road Racing Associ-

ation (Grand Am);(i) Automobile Club de l’Ouest (American

Le Mans); and(j) Fédération Internationale de

l’Automobile (FIA).(7) “Speedway destination resort” means

a destination resort within the boundaries ofthe speedway destination site that is ap-proved under ORS 197.431 and 197.435 to197.467.

(8) “Speedway destination site” means asite containing a major motor speedway, as-sociated uses and facilities and speedwaysupporting uses and facilities.

(9) “Speedway supporting uses and facili-ties” means transient lodging, restaurants,meeting facilities and other commercial useslimited to the types and levels of use neces-sary to meet the needs of users and patronsof a major motor speedway.

(10) “Speedway theme park” means anamusement park associated with a majormotor speedway and based on a speedwaytheme that:

(a) Is developed and operated primarilyfor the purpose of entertaining users and pa-trons of the major motor speedway, butavailable, as well, to the general public; and

(b) Consists of a collection of entertain-ment uses and facilities commonly associatedwith outdoor fairs and theme parks:

(A) Including mechanical rides, games,go-cart tracks, miniature golf courses, BMXbicycle tracks, water parks and athleticfields; and

(B) Not including cinemas, bowling al-leys, theaters, concert halls or similar recre-ational or entertainment uses commonlyallowed inside urban growth boundaries.

(11) “Transient lodging” means a unitconsisting of a room or a suite of rooms thatis available for a period of occupancy thattypically does not exceed 30 days and forwhich the lodging operator:

(a) Charges on a daily basis and does notcollect more than six days in advance; and

(b) Provides maid and linen service dailyor every two days as part of the regularlycharged cost of occupancy. [2005 c.842 §1; 2007c.819 §1]

Note: See note under 197.431.

197.433 Development of major motorspeedway. (1) On a site approved for devel-opment of a major motor speedway, pursuantto an exception to statewide land use plan-ning goals relating to agricultural lands,public facilities and services andurbanization that was acknowledged before

September 2, 2005, if the site is developedand used as a major motor speedway withsanctioned, premier, high speed automobileracing within five years after the county is-sues a certificate of occupancy for the majormotor speedway, the governing body of Mor-row County or its designee may authorizethe ancillary development of transient lodg-ing, associated uses and facilities and aspeedway theme park that were not previ-ously authorized under subsection (4) of thissection:

(a) Without taking further exception tothe statewide land use planning goals relat-ing to agricultural lands, public facilities andservices and urbanization.

(b) Primarily for the use of users and pa-trons of the major motor speedway butavailable, as well, to the general public.

(c) Without regard to the limitations onthe size or occupancy of speedway-relatedand accessory uses and facilities specified inthe findings.

(d) Without regard to use limitationsspecified in section H (10) of the June 21,2002, findings for a multipurpose recreationalfacility.

(e) Without regard to the limitation onhours of operation specified in the findingsfor outdoor recreational facilities.

(2) The major motor speedway authorizedin the findings and by this section may bedeveloped:

(a) Without taking further exception tothe statewide land use planning goals relat-ing to agricultural lands, public facilities andservices and urbanization.

(b) Without regard to the specific size,placement or configuration of the tracksspecified in the findings.

(3) Subject to the requirements of ORS197.610 to 197.625, notwithstanding the localprocess for review and approval of a proposalto amend the acknowledged comprehensiveplan and land use regulations that is con-tained in an acknowledged comprehensiveplan and land use regulations, the governingbody of Morrow County may review and ap-prove a proposal to make the changes to theacknowledged comprehensive plan and landuse regulations to allow the uses authorizedby this section on the site described in sub-section (1) of this section through an expe-dited local review and approval process inwhich the final approval of the county maybe granted after only one evidentiary hear-ing.

(4) Notwithstanding subsection (1) of thissection, the governing body of MorrowCounty may approve the development, inconjunction with the development of the ma-



jor motor speedway, but prior to the estab-lishment of sanctioned, premier, high speedautomobile racing at the major motorspeedway, of up to 250 road course garageunits, 100 units of transient lodging with anassociated restaurant and public facilitiesnecessary to support those uses.

(5) Impacts of a speedway destinationsite, adjacent residential development andtransient lodging on the transportation sys-tem must be mitigated to the satisfaction ofthe Department of Transportation at the timeof development. [2005 c.842 §2; 2007 c.819 §2]


197.434 Traffic impacts of speedwaydestination. (1) The private developer of thespeedway destination site is financially re-sponsible for addressing, through traffic in-frastructure improvements and upgrades,adverse traffic impacts that cannot be ade-quately mitigated, in the judgment of roadauthorities, through the use of temporarytraffic management measures.

(2) The private developer, or theorganizer of a specific event or activity atthe speedway destination site, is financiallyresponsible for temporary traffic managementmeasures required to mitigate the adversetraffic impacts of events or activities at thespeedway destination site.

(3) Notwithstanding subsections (1) and(2) of this section, transportation infrastruc-ture projects required by the establishmentand use of the major motor speedway mayreceive funding from any source of moneysfor transportation infrastructure projects.[2005 c.842 §3]


SITING OF DESTINATION RESORTS197.435 Definitions for ORS 197.435 to

197.467. As used in ORS 197.435 to 197.467:(1) “Developed recreational facilities”

means improvements constructed for thepurpose of recreation and may include butare not limited to golf courses, tennis courts,swimming pools, marinas, ski runs and bicy-cle paths.

(2) “High value crop area” means an areain which there is a concentration of com-mercial farms capable of producing crops orproducts with a minimum gross value of$1,000 per acre per year. These crops andproducts include field crops, small fruits,berries, tree fruits, nuts or vegetables, dairy-ing, livestock feedlots or Christmas trees asthese terms are used in the 1983 County andState Agricultural Estimates prepared by theOregon State University Extension Service.The “high value crop area” designation isused for the purpose of minimizing conflict-ing uses in resort siting and does not revise

the requirements of an agricultural land goalor administrative rules interpreting the goal.

(3) “Map of eligible lands” means a mapof the county adopted pursuant to ORS197.455.

(4) “Open space” means any land that isretained in a substantially natural conditionor is improved for recreational uses such asgolf courses, hiking or nature trails orequestrian or bicycle paths or is specificallyrequired to be protected by a conservationeasement. Open spaces may include ponds,lands protected as important natural fea-tures, lands preserved for farm or forest useand lands used as buffers. Open space doesnot include residential lots or yards, streetsor parking areas.

(5) “Overnight lodgings” means:(a) With respect to lands not identified in

paragraph (b) of this subsection, permanent,separately rentable accommodations that arenot available for residential use, includinghotel or motel rooms, cabins and time-shareunits. Individually owned units may be con-sidered overnight lodgings if they are avail-able for overnight rental use by the generalpublic for at least 45 weeks per calendaryear through a central reservation andcheck-in service. Tent sites, recreational ve-hicle parks, manufactured dwellings,dormitory rooms and similar accommodationsdo not qualify as overnight lodgings for thepurpose of this definition.

(b) With respect to lands in eastern Ore-gon, as defined in ORS 321.805, permanent,separately rentable accommodations that arenot available for residential use, includinghotel or motel rooms, cabins and time-shareunits. Individually owned units may be con-sidered overnight lodgings if they are avail-able for overnight rental use by the generalpublic for at least 38 weeks per calendaryear through a central reservation systemoperated by the destination resort or by areal estate property manager, as defined inORS 696.010. Tent sites, recreational vehicleparks, manufactured dwellings, dormitoryrooms and similar accommodations do notqualify as overnight lodgings for the purposeof this definition.

(6) “Self-contained development” means adevelopment for which community sewer andwater facilities are provided on-site and arelimited to meet the needs of the developmentor are provided by existing public sewer orwater service as long as all costs related toservice extension and any capacity increasesare borne by the development. A “self-contained development” must have developedrecreational facilities provided on-site.

(7) “Tract” means a lot or parcel or morethan one contiguous lot or parcel in a single



ownership. A tract may include property thatis not included in the proposed site for adestination resort if the property to be ex-cluded is on the boundary of the tract andconstitutes less than 30 percent of the totaltract.

(8) “Visitor-oriented accommodations”means overnight lodging, restaurants andmeeting facilities that are designed to andprovide for the needs of visitors rather thanyear-round residents. [1987 c.886 §3; 1989 c.648 §52;1993 c.590 §1; 2003 c.812 §1; 2005 c.22 §140]

197.440 Legislative findings. The Legis-lative Assembly finds that:

(1) It is the policy of this state to pro-mote Oregon as a vacation destination andto encourage tourism as a valuable segmentof our state’s economy;

(2) There is a growing need to provideyear-round destination resort accommo-dations to attract visitors and encouragethem to stay longer. The establishment ofdestination resorts will provide jobs for Ore-gonians and contribute to the state’s eco-nomic development;

(3) It is a difficult and costly process tosite and establish destination resorts in ruralareas of this state; and

(4) The siting of destination resort facili-ties is an issue of statewide concern. [1987c.886 §2]

197.445 Destination resort criteria;phase-in requirements; annual account-ing. A destination resort is a self-containeddevelopment that provides for visitor-orientedaccommodations and developed recreationalfacilities in a setting with high naturalamenities. To qualify as a destination resortunder ORS 30.947, 197.435 to 197.467, 215.213,215.283 and 215.284, a proposed developmentmust meet the following standards:

(1) The resort must be located on a siteof 160 acres or more except within two milesof the ocean shoreline where the site shallbe 40 acres or more.

(2) At least 50 percent of the site mustbe dedicated to permanent open space, ex-cluding streets and parking areas.

(3) At least $7 million must be spent onimprovements for on-site developed recre-ational facilities and visitor-oriented accom-modations exclusive of costs for land, sewerand water facilities and roads. Not less thanone-third of this amount must be spent ondeveloped recreational facilities.

(4) Visitor-oriented accommodations in-cluding meeting rooms, restaurants withseating for 100 persons and 150 separaterentable units for overnight lodging shall beprovided. However, the rentable overnightlodging units may be phased in as follows:

(a) On lands not described in paragraph(b) of this subsection:

(A) A total of 150 units of overnightlodging must be provided.

(B) At least 75 units of overnight lodging,not including any individually owned homes,lots or units, must be constructed or guar-anteed through surety bonding or equivalentfinancial assurance prior to the closure ofsale of individual lots or units.

(C) The remaining overnight lodgingunits must be provided as individually ownedlots or units subject to deed restrictions thatlimit their use to use as overnight lodgingunits. The deed restrictions may be rescindedwhen the resort has constructed 150 units ofpermanent overnight lodging as required bythis subsection.

(D) The number of units approved forresidential sale may not be more than twounits for each unit of permanent overnightlodging provided under this paragraph.

(E) The development approval must pro-vide for the construction of other requiredovernight lodging units within five years ofthe initial lot sales.

(b) On lands in eastern Oregon, as de-fined in ORS 321.805:

(A) A total of 150 units of overnightlodging must be provided.

(B) At least 50 units of overnight lodgingmust be constructed prior to the closure ofsale of individual lots or units.

(C) At least 50 of the remaining 100 re-quired overnight lodging units must be con-structed or guaranteed through suretybonding or equivalent financial assurancewithin five years of the initial lot sales.

(D) The remaining required overnightlodging units must be constructed or guar-anteed through surety bonding or equivalentfinancial assurances within 10 years of theinitial lot sales.

(E) The number of units approved forresidential sale may not be more than 2-1/2units for each unit of permanent overnightlodging provided under this paragraph.

(F) If the developer of a resort guaran-tees the overnight lodging units required un-der subparagraphs (C) and (D) of thisparagraph through surety bonding or otherequivalent financial assurance, the overnightlodging units must be constructed withinfour years of the date of execution of thesurety bond or other equivalent financial as-surance.

(5) Commercial uses allowed are limitedto types and levels of use necessary to meetthe needs of visitors to the development.Industrial uses of any kind are not permitted.



(6) In lieu of the standards in subsections(1), (3) and (4) of this section, the standardsset forth in subsection (7) of this section ap-ply to a destination resort:

(a) On land that is not defined as agri-cultural or forest land under any statewideplanning goal;

(b) On land where there has been an ex-ception to any statewide planning goal onagricultural lands, forestlands, public facili-ties and services and urbanization; or

(c) On such secondary lands as the LandConservation and Development Commissiondeems appropriate.

(7) The following standards apply to theprovisions of subsection (6) of this section:

(a) The resort must be located on a siteof 20 acres or more.

(b) At least $2 million must be spent onimprovements for on-site developed recre-ational facilities and visitor-oriented accom-modations exclusive of costs for land, sewerand water facilities and roads. Not less thanone-third of this amount must be spent ondeveloped recreational facilities.

(c) At least 25 units, but not more than75 units, of overnight lodging must be pro-vided.

(d) Restaurant and meeting room with atleast one seat for each unit of overnightlodging must be provided.

(e) Residential uses must be limited tothose necessary for the staff and manage-ment of the resort.

(f) The governing body of the county orits designee has reviewed the resort proposedunder this subsection and has determinedthat the primary purpose of the resort is toprovide lodging and other services orientedto a recreational resource which can onlyreasonably be enjoyed in a rural area. Suchrecreational resources include, but are notlimited to, a hot spring, a ski slope or afishing stream.

(g) The resort must be constructed andlocated so that it is not designed to attracthighway traffic. Resorts may not use anymanner of outdoor advertising signing ex-cept:

(A) Tourist oriented directional signs asprovided in ORS 377.715 to 377.830; and

(B) On-site identification and directionalsigns.

(8) Spending required under subsections(3) and (7) of this section is stated in 1993dollars. The spending required shall be ad-justed to the year in which calculations aremade in accordance with the United StatesConsumer Price Index.

(9) When making a land use decision au-thorizing construction of a destination resortin eastern Oregon, as defined in ORS 321.805,the governing body of the county or its des-ignee shall require the resort developer toprovide an annual accounting to documentcompliance with the overnight lodging stan-dards of this section. The annual accountingrequirement commences one year after theinitial lot or unit sales. The annual account-ing must contain:

(a) Documentation showing that the re-sort contains a minimum of 150 permanentunits of overnight lodging or, during thephase-in period, documentation showing theresort is not yet required to have constructed150 units of overnight lodging.

(b) Documentation showing that the re-sort meets the lodging ratio described insubsection (4) of this section.

(c) For a resort counting individuallyowned units as qualified overnight lodgingunits, the number of weeks that each over-night lodging unit is available for rental tothe general public as described in ORS197.435. [1987 c.886 §4; 1993 c.590 §2; 2003 c.812 §2; 2005c.22 §141; 2007 c.593 §1]

197.450 Siting without taking goal ex-ception. In accordance with the provisionsof ORS 30.947, 197.435 to 197.467, 215.213,215.283 and 215.284, a comprehensive planmay provide for the siting of a destinationresort on rural lands without taking an ex-ception to statewide planning goals relatingto agricultural lands, forestlands, public fa-cilities and services or urbanization. [1987c.886 §5]

197.455 Siting of destination resorts;sites from which destination resort ex-cluded. (1) A destination resort may be sitedonly on lands mapped as eligible for destina-tion resort siting by the affected county. Thecounty may not allow destination resorts ap-proved pursuant to ORS 197.435 to 197.467 tobe sited in any of the following areas:

(a) Within 24 air miles of an urbangrowth boundary with an existing populationof 100,000 or more unless residential uses arelimited to those necessary for the staff andmanagement of the resort.

(b)(A) On a site with 50 or more contig-uous acres of unique or prime farmlandidentified and mapped by the United StatesNatural Resources Conservation Service, orits predecessor agency.

(B) On a site within three miles of a highvalue crop area unless the resort complieswith the requirements of ORS 197.445 (6) inwhich case the resort may not be closer toa high value crop area than one-half mile foreach 25 units of overnight lodging or fractionthereof.



(c) On predominantly Cubic Foot SiteClass 1 or 2 forestlands as determined by theState Forestry Department, which are notsubject to an approved goal exception.

(d) In the Columbia River Gorge NationalScenic Area as defined by the ColumbiaRiver Gorge National Scenic Act, P.L.99-663.

(e) In an especially sensitive big gamehabitat area:

(A) As determined by the State Depart-ment of Fish and Wildlife in July 1984, andin additional especially sensitive big gamehabitat areas designated by a county in anacknowledged comprehensive plan; or

(B) If the State Fish and Wildlife Com-mission amends the 1984 determination withrespect to an entire county and the countyamends its comprehensive plan to reflect thecommission’s subsequent determination, asdesignated in the acknowledged comprehen-sive plan.

(f) On a site in which the lands are pre-dominantly classified as being in Fire RegimeCondition Class 3, unless the county ap-proves a wildfire protection plan that dem-onstrates the site can be developed withoutbeing at a high overall risk of fire.

(2) In carrying out subsection (1) of thissection, a county shall adopt, as part of itscomprehensive plan, a map consisting of eli-gible lands within the county. The map mustbe based on reasonably available informationand may be amended pursuant to ORS197.610 to 197.625, but not more frequentlythan once every 30 months. The county shalldevelop a process for collecting and process-ing concurrently all map amendments madewithin a 30-month planning period. A mapadopted pursuant to this section shall be thesole basis for determining whether tracts ofland are eligible for destination resort sitingpursuant to ORS 197.435 to 197.467. [1987 c.886§6; 1993 c.590 §3; 1997 c.249 §57; 2003 c.812 §3; 2005 c.22§142; 2005 c.205 §1; 2010 c.32 §1]

197.460 Compatibility with adjacentland uses; county measures; economicimpact analysis; traffic impact analysis.A county shall ensure that a destination re-sort is compatible with the site and adjacentland uses through the following measures:

(1) Important natural features, includinghabitat of threatened or endangered species,streams, rivers and significant wetlands shallbe retained. Riparian vegetation within 100feet of streams, rivers and significantwetlands shall be retained. Alteration ofimportant natural features, including place-ment of structures that maintain the overallvalues of the feature may be allowed.

(2) Improvements and activities shall belocated and designed to avoid or minimize

adverse effects of the resort on uses on sur-rounding lands, particularly effects on inten-sive farming operations in the area. At aminimum, measures to accomplish this shallinclude:

(a) Establishment and maintenance ofbuffers between the resort and adjacent landuses, including natural vegetation and whereappropriate, fences, berms, landscaped areasand other similar types of buffers.

(b) Setbacks of structures and other im-provements from adjacent land uses.

(3) If the site is west of the summit of theCoast Range and within 10 miles of an urbangrowth boundary, or if the site is east of thesummit of the Coast Range and within 25miles of an urban growth boundary, thecounty shall require the applicant to submitan economic impact analysis of the proposeddevelopment that includes analysis of theprojected impacts within the county andwithin cities whose urban growth boundariesare within the distance specified in this sub-section.

(4) If the site is west of the summit of theCoast Range and within 10 miles of an urbangrowth boundary, or if the site is east of thesummit of the Coast Range and within 25miles of an urban growth boundary, thecounty shall require the applicant to submita traffic impact analysis of the proposed de-velopment that includes measures to avoidor mitigate a proportionate share of adverseeffects of transportation on state highwaysand other transportation facilities affected bythe proposed development, including trans-portation facilities in the county and in cit-ies whose urban growth boundaries arewithin the distance specified in this subsec-tion. [1987 c.886 §7; 2010 c.32 §2]

197.462 Use of land excluded fromdestination resort. A portion of a tract thatis excluded from the site of a destination re-sort pursuant to ORS 197.435 (7) shall not beused or operated in conjunction with the re-sort. Subject to this limitation, the use of theexcluded property shall be governed by oth-erwise applicable law. [1993 c.590 §7]

197.465 Comprehensive plan imple-menting measures. An acknowledged com-prehensive plan that allows for siting of adestination resort shall include implementingmeasures which:

(1) Map areas where a destination resortdescribed in ORS 197.445 (1) to (5) is permit-ted pursuant to ORS 197.455;

(2) Limit uses and activities to those de-fined by ORS 197.435 and allowed by ORS197.445; and

(3) Assure that developed recreationalfacilities and key facilities intended to serve



the entire development and visitor-orientedaccommodations are physically provided orare guaranteed through surety bonding orsubstantially equivalent financial assurancesprior to closure of sale of individual lots orunits. In phased developments, developedrecreational facilities and other key facilitiesintended to serve a particular phase shall beconstructed prior to sales in that phase orguaranteed through surety bonding. [1987 c.886§8]

197.467 Conservation easement toprotect resource site. (1) If a tract to beused as a destination resort contains a re-source site designated for protection in anacknowledged comprehensive plan pursuantto open spaces, scenic and historic areas andnatural resource goals in an acknowledgedcomprehensive plan, that tract of land shallpreserve that site by conservation easementsufficient to protect the resource values ofthe resource site as set forth in ORS 271.715to 271.795.

(2) A conservation easement under thissection shall be recorded with the propertyrecords of the tract on which the destinationresort is sited. [1993 c.590 §5]

MOBILE HOME, MANUFACTUREDDWELLING AND RECREATIONAL

VEHICLE PARKS197.475 Policy. The Legislative Assembly

declares that it is the policy of this state toprovide for mobile home or manufactureddwelling parks within all urban growthboundaries to allow persons and families achoice of residential settings. [1987 c.785 §3; 1989c.648 §53]

197.480 Planning for parks; proce-dures; inventory. (1) Each city and countygoverning body shall provide, in accordancewith urban growth management agreements,for mobile home or manufactured dwellingparks as an allowed use, by July 1, 1990, orby the next periodic review after January 1,1988, whichever comes first:

(a) By zoning ordinance and by compre-hensive plan designation on buildable landswithin urban growth boundaries; and

(b) In areas planned and zoned for a res-idential density of six to 12 units per acresufficient to accommodate the need estab-lished pursuant to subsections (2) and (3) ofthis section.

(2) A city or county shall establish aprojection of need for mobile home or manu-factured dwelling parks based on:

(a) Population projections;(b) Household income levels;(c) Housing market trends of the region;

and

(d) An inventory of mobile home or man-ufactured dwelling parks sited in areasplanned and zoned or generally used forcommercial, industrial or high density resi-dential development.

(3) The inventory required by subsection(2)(d) and subsection (4) of this section shallestablish the need for areas to be plannedand zoned to accommodate the potential dis-placement of the inventoried mobile home ormanufactured dwelling parks.

(4) Notwithstanding the provisions ofsubsection (1) of this section, a city orcounty within a metropolitan service district,established pursuant to ORS chapter 268,shall inventory the mobile home or manufac-tured dwelling parks sited in areas plannedand zoned or generally used for commercial,industrial or high density residential devel-opment no later than two years from Sep-tember 27, 1987.

(5)(a) A city or county may establishclear and objective criteria and standards forthe placement and design of mobile home ormanufactured dwelling parks.

(b) If a city or county requires a hearingbefore approval of a mobile home or manu-factured dwelling park, application of thecriteria and standards adopted pursuant toparagraph (a) of this subsection shall be thesole issue to be determined at the hearing.

(c) No criteria or standards establishedunder paragraph (a) of this subsection shallbe adopted which would preclude the devel-opment of mobile home or manufactureddwelling parks within the intent of ORS197.295 and 197.475 to 197.490. [1987 c.785 §4;1989 c.648 §54]

197.485 Prohibition on restrictions ofmanufactured dwelling. (1) A jurisdictionmay not prohibit placement of a manufac-tured dwelling, due solely to its age, in amobile home or manufactured dwelling parkin a zone with a residential density of eightto 12 units per acre.

(2) A jurisdiction may not prohibit place-ment of a manufactured dwelling, due solelyto its age, on a buildable lot or parcel lo-cated outside urban growth boundaries or ona space in a mobile home or manufactureddwelling park, if the manufactured dwellingis being relocated due to the closure of amobile home or manufactured dwelling parkor a portion of a mobile home or manufac-tured dwelling park.

(3) A jurisdiction may impose reasonablesafety and inspection requirements for homesthat were not constructed in conformancewith the National Manufactured HousingConstruction and Safety Standards Act of1974 (42 U.S.C. 5403). [1987 c.785 §5; 1989 c.648§55; 2005 c.22 §143; 2005 c.826 §12; 2007 c.906 §10]



197.490 Restriction on establishmentof park. (1) Except as provided by ORS446.105, a mobile home or manufactureddwelling park shall not be established onland, within an urban growth boundary,which is planned or zoned for commercial orindustrial use.

(2) Notwithstanding the provisions ofsubsection (1) of this section, if no other ac-cess is available, access to a mobile home ormanufactured dwelling park may be providedthrough a commercial or industrial zone.[1987 c.785 §6; 1989 c.648 §56]

197.492 Definitions for ORS 197.492and 197.493. As used in this section and ORS197.493:

(1) “Manufactured dwelling park,” “mo-bile home park” and “recreational vehicle”have the meaning given those terms in ORS446.003.

(2) “Recreational vehicle park”:(a) Means a place where two or more

recreational vehicles are located within 500feet of one another on a lot, tract or parcelof land under common ownership and havingas its primary purpose:

(A) The renting of space and related fa-cilities for a charge or fee; or

(B) The provision of space for free inconnection with securing the patronage of aperson.

(b) Does not mean:(A) An area designated only for picnick-

ing or overnight camping; or(B) A manufactured dwelling park or

mobile home park. [2005 c.619 §11]Note: 197.492 and 197.493 were enacted into law by

the Legislative Assembly but were not added to or madea part of ORS chapter 197 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

197.493 Placement and occupancy ofrecreational vehicle. (1) A state agency orlocal government may not prohibit theplacement or occupancy of a recreational ve-hicle, or impose any limit on the length ofoccupancy of a recreational vehicle, solelyon the grounds that the occupancy is in arecreational vehicle, if the recreational vehi-cle is:

(a) Located in a manufactured dwellingpark, mobile home park or recreational vehi-cle park;

(b) Occupied as a residential dwelling;and

(c) Lawfully connected to water andelectrical supply systems and a sewage dis-posal system.

(2) Subsection (1) of this section does notlimit the authority of a state agency or local

government to impose other special condi-tions on the placement or occupancy of arecreational vehicle. [2005 c.619 §12]


MORATORIUM ON CONSTRUCTION OR LAND DEVELOPMENT


(1) “Public facilities” means those publicfacilities for which a public facilities plan isrequired under ORS 197.712.

(2) “Special district” refers to only thoseentities as defined in ORS 197.015 (19) thatprovide services for which public facilitiesplans are required. [1980 c.2 §2; 1991 c.839 §1; 1993c.438 §4; 1995 c.463 §1; 1999 c.838 §1; 2005 c.22 §144; 2007c.354 §29]

197.510 Legislative findings. The Legis-lative Assembly finds and declares that:

(1) The declaration of moratoria on con-struction and land development by cities,counties and special districts may have anegative effect not only on property owners,but also on the housing and economic devel-opment policies and goals of other local gov-ernments within the state, and therefore, isa matter of statewide concern.

(2) Such moratoria, particularly whenlimited in duration and scope, and adoptedpursuant to growth management systemsthat further the statewide planning goals andlocal comprehensive plans, may be both nec-essary and desirable.

(3) Clear state standards should be es-tablished to ensure that:

(a) The need for moratoria is consideredand documented;

(b) The impact on property owners, hous-ing and economic development is minimized;and

(c) Necessary and properly enactedmoratoria are not subjected to undue liti-gation. [1980 c.2 §1; 1991 c.839 §2; 1995 c.463 §2]

197.520 Manner of declaring morato-rium. (1) No city, county or special districtmay adopt a moratorium on construction orland development unless it first:

(a) Provides written notice to the De-partment of Land Conservation and Develop-ment at least 45 days prior to the final publichearing to be held to consider the adoptionof the moratorium;

(b) Makes written findings justifying theneed for the moratorium in the manner pro-vided for in this section; and

(c) Holds a public hearing on the adop-tion of the moratorium and the findingswhich support the moratorium.



(2) For urban or urbanizable land, amoratorium may be justified by demon-stration of a need to prevent a shortage ofpublic facilities which would otherwise occurduring the effective period of the morato-rium. Such a demonstration shall be basedupon reasonably available information, andshall include, but need not be limited to,findings:

(a) Showing the extent of need beyondthe estimated capacity of existing public fa-cilities expected to result from new land de-velopment, including identification of anypublic facilities currently operating beyondcapacity, and the portion of such capacityalready committed to development;

(b) That the moratorium is reasonablylimited to those areas of the city, county orspecial district where a shortage of key pub-lic facilities would otherwise occur; and

(c) That the housing and economic devel-opment needs of the area affected have beenaccommodated as much as possible in anyprogram for allocating any remaining publicfacility capacity.

(3) A moratorium not based on a shortageof public facilities under subsection (2) ofthis section may be justified only by a dem-onstration of compelling need. Such a dem-onstration shall be based upon reasonablyavailable information and shall include, butneed not be limited to, findings:

(a) For urban or urbanizable land:(A) That application of existing develop-

ment ordinances or regulations and otherapplicable law is inadequate to preventirrevocable public harm from development inaffected geographical areas;

(B) That the moratorium is sufficientlylimited to ensure that a needed supply of af-fected housing types and the supply of com-mercial and industrial facilities within or inproximity to the city, county or special dis-trict are not unreasonably restricted by theadoption of the moratorium;

(C) Stating the reasons alternative meth-ods of achieving the objectives of the mora-torium are unsatisfactory;

(D) That the city, county or special dis-trict has determined that the public harmwhich would be caused by failure to imposea moratorium outweighs the adverse effectson other affected local governments, includ-ing shifts in demand for housing or economicdevelopment, public facilities and servicesand buildable lands, and the overall impactof the moratorium on population distribution;and

(E) That the city, county or special dis-trict proposing the moratorium has deter-mined that sufficient resources are available

to complete the development of needed in-terim or permanent changes in plans, regu-lations or procedures within the period ofeffectiveness of the moratorium.

(b) For rural land:(A) That application of existing develop-

ment ordinances or regulations and otherapplicable law is inadequate to preventirrevocable public harm from development inaffected geographical areas;

(B) Stating the reasons alternative meth-ods of achieving the objectives of the mora-torium are unsatisfactory;

(C) That the moratorium is sufficientlylimited to ensure that lots or parcels outsidethe affected geographical areas are not un-reasonably restricted by the adoption of themoratorium; and

(D) That the city, county or special dis-trict proposing the moratorium has developeda work plan and time schedule for achievingthe objectives of the moratorium.

(4) No moratorium adopted under subsec-tion (3)(a) of this section shall be effectivefor a period longer than 120 days, but sucha moratorium may be extended provided thecity, county or special district adopting themoratorium holds a public hearing on theproposed extension and adopts written find-ings that:

(a) Verify the problem giving rise to theneed for a moratorium still exists;

(b) Demonstrate that reasonable progressis being made to alleviate the problem givingrise to the moratorium; and

(c) Set a specific duration for the renewalof the moratorium. No extension may be fora period longer than six months.

(5) Any city, county or special districtconsidering an extension of a moratoriumshall give the department at least 14 days’notice of the time and date of the publichearing on the extension. [1980 c.2 §3; 1991 c.839§3; 1995 c.463 §3]

197.522 Local government to approvesubdivision, partition or construction;conditions. A local government shall ap-prove an application for a permit, authori-zation or other approval necessary for thesubdivision or partitioning of, or construc-tion on, any land that is consistent with thecomprehensive plan and applicable land useregulations or shall impose reasonable con-ditions on the application to make the pro-posed activity consistent with the plan andapplicable regulations. A local governmentmay deny an application that is inconsistentwith the comprehensive plan and applicableland use regulations and that cannot bemade consistent through the imposition of



reasonable conditions of approval. [1999 c.838§4]

197.524 Local government to adoptmoratorium or public facilities strategyfollowing pattern or practice of delayingor stopping issuance of permits. (1) Whena local government engages in a pattern orpractice of delaying or stopping the issuanceof permits, authorizations or approvals nec-essary for the subdivision or partitioning of,or construction on, any land, including de-laying or stopping issuance based on ashortage of public facilities, the local gov-ernment shall:

(a) Adopt a public facilities strategy un-der ORS 197.768; or

(b) Adopt a moratorium on constructionor land development under ORS 197.505 to197.540.

(2) The provisions of subsection (1) ofthis section do not apply to the delay orstopping of the issuance of permits, authori-zations or approvals because they are incon-sistent with the local government’scomprehensive plan or land use regulations.[1999 c.838 §3]

197.530 Correction program; proce-dures. (1) A city, county or special districtthat adopts a moratorium on construction orland development in conformity with ORS197.520 (1) and (2) shall within 60 days afterthe effective date of the moratorium adopt aprogram to correct the problem creating themoratorium. The program shall be presentedat a public hearing. The city, county orspecial district shall give at least 14 days’advance notice to the Department of LandConservation and Development of the timeand date of the public hearing.

(2) No moratorium adopted under ORS197.520 (2) shall be effective for a periodlonger than six months from the date onwhich the corrective program is adopted, butsuch a moratorium may be extended providedthe city, county or special district adoptingthe moratorium holds a public hearing on theproposed extension and adopts written find-ings that:

(a) Verify that the problem giving rise tothe moratorium still exists;

(b) Demonstrate that reasonable progressis being made to alleviate the problem givingrise to the moratorium; and

(c) Set a specific duration for the renewalof the moratorium.

(3) No single extension under subsection(2) of this section may be for a period longerthan six months, and no moratorium shall beextended more than three times.

(4) Any city, county or special districtconsidering an extension of a moratorium

shall give the department at least 14 days’notice of the time and date of the publichearing on the extension. [1980 c.2 §4; 1991 c.839§4]

197.540 Review by Land Use Board ofAppeals. (1) In the manner provided in ORS197.830 to 197.845, the Land Use Board ofAppeals shall review upon petition by acounty, city or special district governingbody or state agency or a person or group ofpersons whose interests are substantially af-fected, any moratorium on construction orland development or a corrective programalleged to have been adopted in violation ofthe provisions of ORS 197.505 to 197.540.

(2) If the board determines that a mora-torium or corrective program was notadopted in compliance with the provisions ofORS 197.505 to 197.540, the board shall issuean order invalidating the moratorium.

(3) All review proceedings conducted bythe Land Use Board of Appeals under sub-section (1) of this section shall be based onthe administrative record, if any, that is thesubject of the review proceeding. The boardshall not substitute its judgment for a findingsolely of fact for which there is substantialevidence in the whole record.

(4) Notwithstanding any provision of ORSchapters 195, 196 and 197 to the contrary,the sole standard of review of a moratoriumon construction or land development or acorrective program is under the provisionsof this section, and such a moratorium shallnot be reviewed for compliance with thestatewide planning goals adopted under ORSchapters 195, 196 and 197.

(5) The review of a moratorium on con-struction or land development under subsec-tion (1) of this section shall be the soleauthority for review of such a moratorium,and there shall be no authority for review inthe circuit courts of this state. [1980 c.2 §5; 1983c.827 §45; 2001 c.672 §9]

197.550 [1995 s.s. c.3 §20; repealed by 1996 c.12 §14]197.553 [1995 s.s. c.3 §19; repealed by 1996 c.12 §14]197.556 [1995 s.s. c.3 §21; repealed by 1996 c.12 §14]197.559 [1995 s.s. c.3 §23; repealed by 1996 c.12 §14]197.562 [1995 s.s. c.3 §24; repealed by 1996 c.12 §14]197.565 [1995 s.s. c.3 §22; repealed by 1996 c.12 §14]197.568 [1995 s.s. c.3 §25; repealed by 1996 c.12 §14]197.571 [1995 s.s. c.3 §26; repealed by 1996 c.12 §14]197.574 [1995 s.s. c.3 §27; repealed by 1996 c.12 §14]197.577 [1995 s.s. c.3 §28; repealed by 1996 c.12 §14]197.581 [1995 s.s. c.3 §29; repealed by 1996 c.12 §14]197.584 [1995 s.s. c.3 §30; repealed by 1996 c.12 §14]197.587 [1995 s.s. c.3 §30a; 1997 c.800 §10; renum-

bered 267.334 in 1997]

197.590 [1995 s.s. c.3 §31; repealed by 1996 c.12 §14]

197.605 [1981 c.748 §3; repealed by 1983 c.827 §59]



POST-ACKNOWLEDGMENTPROCEDURES

197.610 Submission of proposed com-prehensive plan or land use regulationchanges to Department of Land Conser-vation and Development; rules. (1) Beforea local government adopts a change, includ-ing additions and deletions, to an acknowl-edged comprehensive plan or a land useregulation, the local government shall submitthe proposed change to the Director of theDepartment of Land Conservation and De-velopment. The Land Conservation and De-velopment Commission shall specify, by rule,the deadline for submitting proposedchanges, but in all cases the proposed changemust be submitted at least 20 days before thelocal government holds the first evidentiaryhearing on adoption of the proposed change.The commission may not require a localgovernment to submit the proposed changemore than 35 days before the first eviden-tiary hearing.

(2) If a local government determines thatemergency circumstances beyond the controlof the local government require expeditedreview, the local government shall submitthe proposed changes as soon as practicable,but may submit the proposed changes afterthe applicable deadline.

(3) Submission of the proposed changemust include all of the following materials:

(a) The text of the proposed change tothe comprehensive plan or land use regu-lation implementing the plan;

(b) If a comprehensive plan map or zon-ing map is created or altered by the proposedchange, a copy of the map that is created oraltered;

(c) A brief narrative summary of theproposed change and any supplemental infor-mation that the local government believesmay be useful to inform the director ormembers of the public of the effect of theproposed change;

(d) The date set for the first evidentiaryhearing;

(e) The form of notice or a draft of thenotice to be provided under ORS 197.763, ifapplicable; and

(f) Any staff report on the proposedchange or information describing when thestaff report will be available, and how a copyof the staff report can be obtained.

(4) The director shall cause notice of theproposed change to the acknowledged com-prehensive plan or the land use regulation tobe provided to:

(a) Persons that have requested notice ofchanges to the acknowledged comprehensiveplan of the particular local government, us-

ing electronic mail, electronic bulletin board,electronic mailing list server or similar elec-tronic method; and

(b) Persons that are generally interestedin changes to acknowledged comprehensiveplans, by posting notices periodically on apublic website using the Internet or a similarelectronic method.

(5) When a local government determinesthat the land use statutes, statewide land useplanning goals and administrative rules ofthe commission that implement either thestatutes or the goals do not apply to a pro-posed change to the acknowledged compre-hensive plan and the land use regulations,submission of the proposed change under thissection is not required.

(6) If, after submitting the materials de-scribed in subsection (3) of this section, theproposed change is altered to such an extentthat the materials submitted no longer rea-sonably describe the proposed change, thelocal government must notify the Depart-ment of Land Conservation and Developmentof the alterations to the proposed change andprovide a summary of the alterations alongwith any alterations to the proposed text ormap to the director at least 10 days beforethe final evidentiary hearing on the proposal.The director shall cause notice of the alter-ations to be given in the manner describedin subsection (4) of this section. Circum-stances requiring resubmission of a proposedchange may include, but are not limited to,a change in the principal uses allowed underthe proposed change or a significant changein the location at which the principal useswould be allowed, limited or prohibited.

(7) When the director determines that aproposed change to an acknowledged com-prehensive plan or a land use regulation maynot be in compliance with land use statutesor the statewide land use planning goals, in-cluding administrative rules implementingeither the statutes or the goals, the depart-ment shall notify the local government of theconcerns at least 15 days before the final ev-identiary hearing, unless there is only onehearing or the proposed change has beenmodified to the extent that resubmission isrequired under subsection (6) of this section.

(8) Notwithstanding subsection (7) of thissection, the department may provide advisoryrecommendations to the local governmentconcerning the proposed change to the ac-knowledged comprehensive plan or land useregulation. [1981 c.748 §4; 1983 c.827 §7; 1985 c.565§27; 1989 c.761 §20; 1999 c.622 §1; 2011 c.280 §1]

197.612 Comprehensive plan or landuse regulation changes to conform planor regulations to new requirement instatute, goal or rule. (1) Notwithstandingcontrary provisions of state and local law, a



local government that proposes a change toan acknowledged comprehensive plan or aland use regulation solely for the purpose ofconforming the plan and regulations to newrequirements in a land use statute, statewideland use planning goal or rule of the LandConservation and Development Commissionimplementing the statutes or goals may takeaction to change the comprehensive plan orthe land use regulation without holding apublic hearing if:

(a) The local government gives notice tothe Department of Land Conservation andDevelopment of the proposed change in themanner provided by ORS 197.610 and 197.615;and

(b) The department confirms in writingthat the only effect of the proposed changeis to conform the comprehensive plan or theland use regulations to the new require-ments.

(2) Notwithstanding the requirement un-der ORS 197.830 (2) that a person must haveappeared before the local government orallyor in writing, a person that has not appearedmay petition for review of the decision undersubsection (1) of this section solely to deter-mine whether the only effect of the local de-cision is to conform the comprehensive planor the land use regulation to the new re-quirements. [2011 c.280 §6]

197.615 Submission of adopted com-prehensive plan or land use regulationchanges to Department of Land Conser-vation and Development. (1) When a localgovernment adopts a proposed change to anacknowledged comprehensive plan or a landuse regulation, the local government shallsubmit the decision to the Director of theDepartment of Land Conservation and De-velopment within 20 days after making thedecision.

(2) The submission must contain the fol-lowing materials:

(a) A copy of the signed decision, thefindings and the text of the change to thecomprehensive plan or land use regulation;

(b) If a comprehensive plan map or zon-ing map is created or altered by the proposedchange, a copy of the map that is created oraltered;

(c) A brief narrative summary of the de-cision, including a summary of substantivedifferences from the proposed change sub-mitted under ORS 197.610 and any supple-mental information that the localgovernment believes may be useful to informthe director or members of the public of theeffect of the actual change; and

(d) A statement by the individual trans-mitting the submission, identifying the date

of the decision and the date of the sub-mission.

(3) The director shall cause notice of thedecision and an explanation of the require-ments for appealing the land use decisionunder ORS 197.830 to 197.845 to be providedto:

(a) Persons that have requested notice ofchanges to the acknowledged comprehensiveplan of the particular local government, us-ing electronic mail, electronic bulletin board,electronic mailing list server or similar elec-tronic method; and

(b) Persons that are generally interestedin changes to acknowledged comprehensiveplans, by posting notices periodically on apublic website using the Internet or a similarelectronic method.

(4) On the same day the local governmentsubmits the decision to the director, the localgovernment shall mail, or otherwise deliver,notice to persons that:

(a) Participated in the local governmentproceedings that led to the decision to adoptthe change to the acknowledged comprehen-sive plan or the land use regulation; and

(b) Requested in writing that the localgovernment give notice of the change to theacknowledged comprehensive plan or theland use regulation.

(5) The notice required by subsection (4)of this section must state how and where thematerials described in subsection (2) of thissection may be obtained and must:

(a) Include a statement by the individualdelivering the notice that identifies the dateon which the notice was delivered and theindividual delivering the notice;

(b) List the locations and times at whichthe public may review the decision and find-ings; and

(c) Explain the requirements for appeal-ing the land use decision under ORS 197.830to 197.845. [1981 c.748 §5; 1983 c.827 §9; 1999 c.255§1; 2011 c.280 §2]

197.620 Appeal of certain comprehen-sive plan or land use regulation decision-making. (1) A decision to not adopt alegislative amendment or a new land useregulation is not appealable unless theamendment is necessary to address the re-quirements of a new or amended goal, ruleor statute.

(2) Notwithstanding the requirements ofORS 197.830 (2) that a person have appearedbefore the local government orally or inwriting to seek review of a land use decision,the Director of the Department of LandConservation and Development or any otherperson may appeal the decision to the LandUse Board of Appeals if:



(a) The local government failed to submitall of the materials described in ORS 197.610(3) or, if applicable, ORS 197.610 (6), and thefailure to submit the materials prejudicedsubstantial rights of the Department of LandConservation and Development or the per-son;

(b) Except as provided in subsection (3)of this section, the local government submit-ted the materials described in ORS 197.610(3) or, if applicable, ORS 197.610 (6), after thedeadline specified in ORS 197.610 (1) or (6)or rules of the Land Conservation and De-velopment Commission, whichever is applica-ble; or

(c) The decision differs from the proposedchanges submitted under ORS 197.610 tosuch an extent that the materials submittedunder ORS 197.610 do not reasonably de-scribe the decision.

(3) Subsection (2)(b) of this section doesnot authorize an appeal if the local govern-ment cures an untimely submission of mate-rials as provided in this subsection. A localgovernment may cure the untimely sub-mission of materials by either:

(a) Postponing the date for the final ev-identiary hearing by the greater of 10 daysor the number of days by which the sub-mission was late; or

(b) Holding the evidentiary record openfor an additional period of time equal to 10days or the number of days by which thesubmission was late, whichever is greater.Additionally, the local government shall pro-vide notice of the postponement or recordextension to the Department of Land Con-servation and Development. [1981 c.748 §5a; 1983c.827 §8; 1989 c.761 §21; 1991 c.612 §13a; 2011 c.280 §3]

197.625 Acknowledgment of compre-hensive plan or land use regulationchanges; application prior to acknowl-edgment. (1) A local decision adopting achange to an acknowledged comprehensiveplan or a land use regulation is deemed tobe acknowledged when the local governmenthas complied with the requirements of ORS197.610 and 197.615 and either:

(a) The 21-day appeal period set out inORS 197.830 (9) has expired and a notice ofintent to appeal has not been filed; or

(b) If an appeal has been timely filed, theLand Use Board of Appeals affirms the localdecision or, if an appeal of the decision ofthe board is timely filed, an appellate courtaffirms the decision.

(2) If the local decision adopting achange to an acknowledged comprehensiveplan or a land use regulation is affirmed onappeal under ORS 197.830 to 197.855, thecomprehensive plan or the land use regu-lation, as modified, is deemed to be acknowl-

edged upon the date the decision of the boardor the decision of an appellate court becomesfinal.

(3) Prior to acknowledgment of a changeto an acknowledged comprehensive plan or aland use regulation:

(a) The change is effective at the timespecified by local government charter or or-dinance; and

(b) If the change was adopted in substan-tial compliance with ORS 197.610 and197.615, the local government shall apply thechange to land use decisions, expedited landdivisions and limited land use decisions un-less a stay is granted under ORS 197.845.

(4) Approval of a land use decision, expe-dited land division or limited land use deci-sion that is subject to an effective butunacknowledged provision of a comprehen-sive plan or a land use regulation must in-clude findings of compliance with land usestatutes, statewide land use planning goalsand administrative rules of the Land Conser-vation and Development Commission imple-menting the statutes or goals that apply tothe decision and that the unacknowledgedprovision implements.

(5) If an effective but unacknowledgedprovision of a comprehensive plan or a landuse regulation fails to gain acknowledgment,a permit or zone change approved, in wholeor in part, on the basis of the change doesnot justify retention of the improvementsthat were authorized by the permit or zonechange.

(6) If requested by a local government,the Director of the Department of LandConservation and Development shall issuecertification of the acknowledgment upon re-ceipt of an affidavit from:

(a) The local government, attesting thatthe change to the acknowledged comprehen-sive plan or the land use regulation was ac-complished in compliance with ORS 197.610and 197.615; and

(b) The Land Use Board of Appeals, stat-ing either:

(A) That no notice of appeal was filedwithin the 21 days allowed under ORS197.830 (9); or

(B) The date the decision of the board orthe decision of an appellate court affirmingthe change to the acknowledged comprehen-sive plan or the land use regulation becamefinal.

(7) The board shall issue an affidavit forthe purposes of subsection (6) of this sectionwithin five days after receiving a valid re-quest from the local government. [1981 c.748§5b; 1983 c.827 §10; 1987 c.729 §6; 1989 c.761 §23; 1991c.612 §14; 1993 c.792 §44; 1995 c.595 §25; 1999 c.348 §9;1999 c.621 §5; 2003 c.793 §3; 2011 c.280 §4]



197.626 Submission of land use deci-sions that expand urban growth bound-ary or designate urban or rural reserves.(1) A local government shall submit for re-view and the Land Conservation and Devel-opment Commission shall review thefollowing final land use decisions in themanner provided for review of a work taskunder ORS 197.633:

(a) An amendment of an urban growthboundary by a metropolitan service districtthat adds more than 100 acres to the areawithin its urban growth boundary;

(b) An amendment of an urban growthboundary by a city with a population of 2,500or more within its urban growth boundarythat adds more than 50 acres to the areawithin the urban growth boundary;

(c) A designation of an area as an urbanreserve under ORS 195.137 to 195.145 by ametropolitan service district or by a citywith a population of 2,500 or more within itsurban growth boundary;

(d) An amendment of the boundary of anurban reserve by a metropolitan service dis-trict;

(e) An amendment of the boundary of anurban reserve to add more than 50 acres tothe urban reserve by a city with a populationof 2,500 of more within its urban growthboundary; and

(f) A designation or an amendment to thedesignation of a rural reserve under ORS195.137 to 195.145 by a county, in coordi-nation with a metropolitan service district,and the amendment of the designation.

(2) A final order of the commission underthis section may be appealed to the Court ofAppeals in the manner described in ORS197.650 and 197.651. [1999 c.622 §14; 2001 c.672 §10;2003 c.793 §4; 2007 c.723 §7; 2011 c.469 §1]

197.628 Periodic review; policy; condi-tions that indicate need for periodic re-view. (1) It is the policy of the State ofOregon to require the periodic review ofcomprehensive plans and land use regu-lations in order to respond to changes in lo-cal, regional and state conditions to ensurethat the plans and regulations remain incompliance with the statewide planning goalsadopted pursuant to ORS 197.230, and to en-sure that the plans and regulations makeadequate provision for economic develop-ment, needed housing, transportation, publicfacilities and services and urbanization.

(2) The Land Conservation and Develop-ment Commission shall concentrate periodicreview assistance to local governments onachieving compliance with those statewideland use planning laws and goals that ad-dress economic development, needed housing,

transportation, public facilities and servicesand urbanization.

(3) The following conditions indicate theneed for periodic review of comprehensiveplans and land use regulations:

(a) There has been a substantial changein circumstances including but not limited tothe conditions, findings or assumptions uponwhich the comprehensive plan or land useregulations were based, so that the compre-hensive plan or land use regulations do notcomply with the statewide planning goals re-lating to economic development, neededhousing, transportation, public facilities andservices and urbanization;

(b) Decisions implementing acknowledgedcomprehensive plan and land use regulationsare inconsistent with the goals relating toeconomic development, needed housing,transportation, public facilities and servicesand urbanization;

(c) There are issues of regional or state-wide significance, intergovernmental coordi-nation or state agency plans or programsaffecting land use which must be addressedin order to bring comprehensive plans andland use regulations into compliance withthe goals relating to economic development,needed housing, transportation, public facili-ties and services and urbanization; or

(d) The local government, commission orDepartment of Land Conservation and De-velopment determines that the existing com-prehensive plan and land use regulations arenot achieving the statewide planning goalsrelating to economic development, neededhousing, transportation, public facilities andservices and urbanization. [1991 c.612 §2; 1999c.622 §2; 2005 c.829 §1]

197.629 Schedule for periodic review;coordination. (1) The Land Conservationand Development Commission shall establishand maintain a schedule for periodic reviewof comprehensive plans and land use regu-lations. Except as necessary to coordinateapproved periodic review work programs andto account for special circumstances thatfrom time to time arise, the schedule shallreflect the following timelines:

(a) A city with a population of more than2,500 within a metropolitan planning organ-ization or a metropolitan service districtshall conduct periodic review every sevenyears after completion of the previous peri-odic review; and

(b) A city with a population of 10,000 ormore inside its urban growth boundary thatis not within a metropolitan planning organ-ization shall conduct periodic review every10 years after completion of the previous pe-riodic review.



(2) A county with a portion of its popu-lation within the urban growth boundary ofa city subject to periodic review under thissection shall conduct periodic review for thatportion of the county according to theschedule and work program set for the city.

(3) Notwithstanding subsection (2) of thissection, if the schedule set for the county isspecific as to that portion of the countywithin the urban growth boundary of a citysubject to periodic review under this section,the county shall conduct periodic review forthat portion of the county according to theschedule and work program set for thecounty.

(4) If the Land Conservation and Devel-opment Commission pays the costs of a localgovernment that is not subject to subsection(1) of this section to perform new work pro-grams and work tasks, the commission mayrequire the local government to complete pe-riodic review when the local government hasnot completed periodic review within theprevious five years if:

(a) A city has been growing faster thanthe annual population growth rate of thestate for five consecutive years;

(b) A major transportation project on theStatewide Transportation Improvement Pro-gram that is approved for funding by the Or-egon Transportation Commission is likely to:

(A) Have a significant impact on a cityor an urban unincorporated community; or

(B) Be significantly affected by growthand development in a city or an urban unin-corporated community;

(c) A major facility, including a prison,is sited or funded by a state agency; or

(d) Approval by the city or county of afacility for a major employer will increaseemployment opportunities and significantlyaffect the capacity of housing and public fa-cilities in the city or urban unincorporatedcommunity.

(5) The Land Conservation and Develop-ment Commission may schedule periodic re-view for a local government earlier thanprovided in subsection (1) of this section ifnecessary to ensure that all local govern-ments in a region whose land use decisionswould significantly affect other local govern-ments in the region are conducting periodicreview concurrently, but not sooner than fiveyears after completion of the previous peri-odic review.

(6) A city or county that is not requiredto complete periodic review under subsection(1) of this section may request periodic re-view by the commission.

(7) As used in this section, “metropolitanplanning organization” means an organiza-

tion located wholly within the State of Ore-gon and designated by the Governor tocoordinate transportation planning in anurbanized area of the state pursuant to 49U.S.C. 5303(c). [1999 c.622 §10; 2001 c.527 §3; 2005c.829 §2]

197.630 [1981 c.748 §5c; repealed by 1983 c.827 §59]

197.631 Commission to amend regu-lations to facilitate periodic review. In or-der to use state and local periodic reviewresources most efficiently and effectively andto concentrate periodic review on adequateprovision of economic development, neededhousing, transportation, public facilities andservices and urbanization, the Land Conser-vation and Development Commission shalladopt, amend or repeal the statewide landuse planning goals, guidelines and corre-sponding rules as necessary to facilitate pe-riodic review and to provide for complianceby local governments with those goals notdescribed in ORS 197.628 (2) through thepost-acknowledgment procedures of ORS197.610 to 197.625. [1999 c.622 §11; 2005 c.829 §3]

197.633 Two phases of periodic review;rules; appeal of decision on work pro-gram; schedule for completion; extensionof time on appeal. (1) The periodic reviewprocess is divided into two phases. Phase oneis the evaluation of the existing comprehen-sive plan, land use regulations and citizeninvolvement program and, if necessary, thedevelopment of a work program to makeneeded changes to the comprehensive planor land use regulations. Phase two is thecompletion of work tasks outlined in thework program.

(2) The Land Conservation and Develop-ment Commission shall adopt rules for con-ducting periodic review that address:

(a) Initiating periodic review;(b) Citizen participation;(c) The participation of state agencies;(d) The preparation, review and approval

of a work program; and(e) The preparation, review and approval

of work tasks, including:(A) The amendment of an urban growth

boundary.(B) The designation of, or withdrawal of

territory from, urban reserves or rural re-serves.

(3) The rules adopted by the commissionunder this section may include, but are notlimited to, provisions concerning standing,requirements to raise issues before localgovernment as a precondition to commissionreview and other provisions concerning thescope and standard for commission review tosimplify or speed the review. The commissionshall confine its review of evidence to the



local record. The commission’s standard ofreview:

(a) For evidentiary issues, is whetherthere is substantial evidence in the recordas a whole to support the local government’sdecision.

(b) For procedural issues, is whether thelocal government failed to follow the proce-dures applicable to the matter before the lo-cal government in a manner that prejudicedthe substantial rights of a party to the pro-ceeding.

(c) For issues concerning compliancewith applicable laws, is whether the localgovernment’s decision on the whole complieswith applicable statutes, statewide land useplanning goals, administrative rules, thecomprehensive plan, the regional frameworkplan, the functional plan and land use regu-lations. The commission shall defer to a localgovernment’s interpretation of the compre-hensive plan or land use regulations in themanner provided in ORS 197.829. For pur-poses of this paragraph, “complies” has themeaning given the term “compliance” in thephrase “compliance with the goals” in ORS197.747.

(4) A decision by the Director of the De-partment of Land Conservation and Develop-ment to approve a work program, that nowork program is necessary or that no furtherwork is necessary is final and not subject toappeal.

(5) The director:(a) Shall take action on a work task not

later than 120 days after the local govern-ment submits the work task for review un-less the local government waives the 120-daydeadline or the commission grants the direc-tor an extension. If the director does nottake action within the time period requiredby this subsection, the work task is deemedapproved. The department shall provide aletter to the local government certifying thatthe work task is approved unless an inter-ested party has filed a timely objection to thework task consistent with administrativerules for conducting periodic review.

(b) May approve or remand a work taskor refer the work task to the commission fora decision. A decision by the director to ap-prove or remand a work task may be ap-pealed to the commission.

(6) Except as provided in this subsection,the commission shall take action on the ap-peal or referral of a work task within 90 daysof the appeal or referral. Action by the com-mission in response to an appeal from a de-cision of the director or a referral is a finalorder subject to judicial review in the man-ner provided in ORS 197.650 and 197.651. The

commission may extend the time for takingaction on the appeal or referral if the com-mission finds that:

(a) The appeal or referral is appropriatefor mediation;

(b) The appeal or referral raises new orcomplex issues of fact or law that make itunreasonable for the commission to give ad-equate consideration to the issues within the90-day limit; or

(c) The parties to the appeal and thecommission agree to an extension, not to ex-ceed an additional 90 days.

(7) The commission and a local govern-ment shall attempt to complete periodic re-view within three years after approval of awork program. To promote the timely com-pletion of periodic review, the commissionshall establish a system of incentives to en-courage local government compliance withtimelines in periodic review work programs.[1991 c.612 §3; 1993 c.18 §38; 1999 c.622 §3; 2001 c.527 §1;2005 c.829 §4; 2011 c.469 §2]

197.635 [1981 c.748 §6; repealed by 1983 c.827 §59]

197.636 Procedures and actions forfailure to meet periodic review deadlines.(1) Upon good cause shown by a local gov-ernment, the Director of the Department ofLand Conservation and Development may al-low the local government an extension oftime for submitting a work program or com-pleting a work task. A decision by the direc-tor to grant or deny an extension may bereferred to the Land Conservation and De-velopment Commission by the director. TheDepartment of Land Conservation and De-velopment or the commission shall not ex-tend the deadline for submitting a workprogram more than once nor for more than90 days, and shall not extend the deadline fora work task more than once nor for morethan one year.

(2) If a local government fails to submita work program or to complete a work taskby the deadline set by the director or thecommission, including any extension that hasbeen granted, the director shall schedule ahearing before the commission. The commis-sion shall issue an order imposing one ormore of the following sanctions until thework program or the work task receives finalapproval by the director or the commission:

(a) Require the local government to applythose portions of the goals and rules to landuse decisions as specified in the order. Sanc-tions may be imposed under this paragraphonly when necessary to resolve a specificdeficiency identified in the order.

(b) Forfeiture of all or a portion of thegrant money received to conduct the review,develop the work program or complete thework task.



(c) Completion of the work program orwork task by the department. The commis-sion may require the local government to paythe cost for completion of work performed bythe department, following the withholdingprocess set forth in ORS 197.335 (4).

(d) Application of such interim measuresas the commission deems necessary to ensurecompliance with the statewide planninggoals.

(3) If the department receives a workprogram or work task completed in responseto a commission order issued under subsec-tion (2) of this section, the director shallevaluate and issue a decision on the workprogram or work task within 90 days.

(4) Commission action pursuant to sub-section (1) or (2) of this section is a final or-der subject to judicial review in the mannerprovided in ORS 197.650. [1991 c.612 §4; 1999 c.622§4; 2001 c.527 §2; 2005 c.829 §5]

197.637 Department of Land Conser-vation and Development may request re-view by Housing and Community ServicesDepartment of certain local housingmeasures. (1) Upon request of the Depart-ment of Land Conservation and Development,the Housing and Community Services De-partment shall review the inventory andanalysis of housing, and measures taken toaddress the housing need, required of certainlocal governments under ORS 197.296. Thereview shall address the likely effect of mea-sures developed by a local government underORS 197.296 (6) or (7) on the adequacy of thesupply of buildable land and opportunities tosatisfy needs identified under ORS 197.296(3).

(2) The Land Conservation and Develop-ment Commission and the Director of theDepartment of Land Conservation and De-velopment shall consider the review and anyrecommendations of the Housing and Com-munity Services Department when determin-ing whether a local government has compliedwith the statewide land use planning goalsand the requirements of ORS 197.296. [1999c.622 §12; 2001 c.908 §4]

197.638 Department of Land Conser-vation and Development may request re-view by Oregon Business DevelopmentDepartment of local inventory and anal-ysis of industrial and commercial land. (1)Upon request of the Department of LandConservation and Development, the OregonBusiness Development Department shall re-view the inventory and analysis of industrialand commercial land, and measures taken toaddress the land needs, required of certainlocal governments under ORS 197.712. Thereview shall address the likely effect of mea-sures developed by a local government on theadequacy of the supply of sites and opportu-

nities to satisfy needs identified under ORS197.712.

(2) The Land Conservation and Develop-ment Commission and the Director of theDepartment of Land Conservation and De-velopment shall consider the review and anyrecommendations of the Oregon BusinessDevelopment Department when determiningwhether a local government has compliedwith the statewide land use planning goalsand the requirements of ORS 197.712. [1999c.622 §13]

197.639 State assistance teams; alter-native coordination process; grant andtechnical assistance funding; priority ofpopulation forecasting program; advisorycommittee. (1) In addition to coordinationbetween state agencies and local governmentestablished in certified state agency coordi-nation programs, the Department of LandConservation and Development may establishone or more state assistance teams made upof representatives of various agencies andlocal governments, utilize the Economic Re-vitalization Team established under ORS284.555 or institute an alternative process forcoordinating agency participation in the pe-riodic review of comprehensive plans.

(2) The Economic Revitalization Teammay work with a city to create a voluntarycomprehensive plan review that focuses onthe unique vision of the city, instead of con-ducting a standard periodic review, if theteam identifies a city that the team deter-mines can benefit from a customized volun-tary comprehensive plan review.

(3) The department may develop modelordinance provisions to assist local govern-ments in the periodic review plan updateprocess and in complying with new statutoryrequirements or new land use planning goalor rule requirements adopted by the LandConservation and Development Commissionoutside the periodic review process.

(4) A local government may arrange withthe department for the provision of periodicreview planning services and those servicesmay be paid with grant program funds allo-cated under subsection (5) of this section.

(5) The commission shall establish an ad-visory committee composed, at a minimum,of representatives from the League of OregonCities, the Association of Oregon Counties,metropolitan service districts, the SpecialDistricts Association of Oregon, land useplanning public interest groups and devel-oper interest groups. The advisory committeeshall advise the commission and the depart-ment on the allocation of grants and techni-cal assistance funding from General Fundsources and other issues assigned by thecommission.



(6) The population forecasting programoperated by the Portland State UniversityPopulation Research Center pursuant to ORS195.033 is the highest priority for the allo-cation of grant funding under subsection (5)of this section. [1991 c.612 §5; 2003 c.793 §5; 2005c.829 §6; 2013 c.574 §5]

197.640 [1981 c.748 §9; 1983 c.827 §11; 1987 c.69 §1;1987 c.729 §7; 1987 c.856 §8; repealed by 1991 c.612 §23]

197.641 [1983 c.827 §11b; 1987 c.729 §8a; repealed by1991 c.612 §23]

197.643 [1983 c.827 §11c; 1987 c.729 §9; repealed by1991 c.612 §23]

197.644 Modification of work program;exclusive jurisdiction of Land Conserva-tion and Development Commission. (1)The Director of the Department of LandConservation and Development may author-ize or direct a local government to modify anapproved work program when:

(a) Issues of regional or statewide signif-icance arising out of another localgovernment’s periodic review require an en-hanced level of coordination;

(b) Issues of goal compliance are raisedas a result of completion of a work task re-sulting in a need to undertake further reviewor revisions;

(c) Issues relating to the organization ofthe work program, coordination with affectedagencies or persons, or orderly implementa-tion of work tasks, result in a need for fur-ther review or revision; or

(d) Issues relating to needed housing,employment, transportation or public facili-ties and services were omitted from the workprogram but must be addressed in order toensure compliance with the statewide plan-ning goals.

(2) The Land Conservation and Develop-ment Commission shall have exclusive juris-diction for review of the completed worktasks as set forth in ORS 197.628 to 197.651.

(3) Commission action pursuant to sub-section (2) of this section is a final ordersubject to judicial review in the manner pro-vided in ORS 197.650 and 197.651. [1991 c.612§6; 1997 c.634 §1; 1999 c.622 §5; 2011 c.469 §3]

197.645 [1983 c.827 §11d; 1987 c.729 §10; repealed by1991 c.612 §23]

197.646 Implementation of new re-quirement in goal, rule or statute; rules.(1) A local government shall amend its ac-knowledged comprehensive plan or acknowl-edged regional framework plan and land useregulations implementing either plan by aself-initiated post-acknowledgment processunder ORS 197.610 to 197.625 to comply witha new requirement in land use statutes,statewide land use planning goals or rulesimplementing the statutes or the goals.

(2)(a) The Department of Land Conserva-tion and Development shall notify local gov-ernments when a new requirement in landuse statutes, statewide land use planninggoals or rules implementing the statutes orthe goals requires changes to an acknowl-edged comprehensive plan, an acknowledgedregional framework plan or land use regu-lations implementing either plan.

(b) The Land Conservation and Develop-ment Commission shall establish, by rule, thetime period within which an acknowledgedcomprehensive plan, an acknowledged re-gional framework plan and land use regu-lations implementing either plan must be incompliance with:

(A) A new requirement in a land usestatute, if the legislation does not specify atime period for compliance; and

(B) A new requirement in a land useplanning goal or rule adopted by the com-mission.

(3) When a local government does notadopt amendments to an acknowledged com-prehensive plan, an acknowledged regionalframework plan or land use regulations im-plementing either plan, as required by sub-section (1) of this section, the newrequirements apply directly to the localgovernment’s land use decisions. The failureto adopt amendments to an acknowledgedcomprehensive plan, an acknowledged re-gional framework plan or land use regu-lations implementing either plan required bysubsection (1) of this section is a basis forinitiation of enforcement action pursuant toORS 197.319 to 197.335. [1991 c.612 §7; 2005 c.829§7; 2007 c.71 §67; 2011 c.469 §4]

Note: 197.646, 197.649 and 197.650 were added toand made a part of ORS chapter 197 by legislative ac-tion but were not added to any smaller series therein.See Preface to Oregon Revised Statutes for further ex-planation.

197.647 [1983 c.827 §11e; 1987 c.69 §2; 1987 c.729 §11;repealed by 1991 c.612 §23]

197.649 Fees for notice; rules. The LandConservation and Development Commissionmay establish by rule fees to cover the costof notice given to persons by the Director ofthe Department of Land Conservation andDevelopment under ORS 197.610 (4) and197.615 (3). [1983 c.827 §11f; 1985 c.565 §28; 1991 c.612§15; 2013 c.1 §20]


197.650 Appeal to Court of Appeals;standing. (1) A Land Conservation and De-velopment Commission final order issuedpursuant to ORS 197.180, 197.251, 197.626,197.628 to 197.651, 197.652 to 197.658, 197.659,215.780 or 215.788 to 215.794 may be appealedto the Court of Appeals by persons who par-ticipated in proceedings, if any, that led toissuance of the final order being appealed.



(2) Jurisdiction for judicial review of afinal order of the commission issued pursu-ant to ORS 197.180, 197.251, 197.626, 197.628to 197.651, 197.652 to 197.658, 197.659, 215.780or 215.788 to 215.794 is conferred upon theCourt of Appeals. [1981 c.748 §10; 1983 c.827 §52;1989 c.761 §8; 1991 c.612 §16; 1997 c.247 §1; 1999 c.622 §7;2009 c.606 §5; 2009 c.873 §13a; 2011 c.469 §5]


197.651 Appeal to Court of Appeals forjudicial review of final order of LandConservation and Development Commis-sion. (1) Judicial review of a final order ofthe Land Conservation and DevelopmentCommission under ORS 197.626 concerningthe designation of urban reserves under ORS195.145 (1)(b) or rural reserves under ORS195.141 is as provided in subsections (3) to(12) of this section.

(2) Judicial review of any other final or-der of the commission under ORS 197.626 orof a final order of the commission under197.180, 197.251, 197.628 to 197.651, 197.652 to197.658, 197.659, 215.780 or 215.788 to 215.794is as provided in subsections (3) to (7), (9),(10) and (12) of this section.

(3) A proceeding for judicial review un-der this section may be instituted by filing apetition in the Court of Appeals. The petitionmust be filed within 21 days after the datethe commission delivered or mailed the orderupon which the petition is based.

(4) The filing of the petition, as set forthin subsection (3) of this section, and serviceof a petition on the persons who submittedoral or written testimony in the proceedingbefore the commission are jurisdictional andmay not be waived or extended.

(5) The petition must state the nature ofthe order the petitioner seeks to have re-viewed. Copies of the petition must be servedby registered or certified mail upon the com-mission and the persons who submitted oralor written testimony in the proceeding beforethe commission.

(6) Within 21 days after service of thepetition, the commission shall transmit tothe Court of Appeals the original or a certi-fied copy of the entire record of the proceed-ing under review. However, by stipulation ofthe parties to the review proceeding, the re-cord may be shortened. The Court of Appealsmay tax a party that unreasonably refuses tostipulate to limit the record for the addi-tional costs. The Court of Appeals may re-quire or permit subsequent corrections oradditions to the record. Except as specif-ically provided in this subsection, the Courtof Appeals may not tax the cost of the recordto the petitioner or an intervening party.However, the Court of Appeals may tax the

costs to a party that files a frivolous petitionfor judicial review.

(7) Petitions and briefs must be filedwithin time periods and in a manner estab-lished by the Court of Appeals by rule.

(8) The Court of Appeals shall:(a) Hear oral argument within 49 days of

the date of transmittal of the record unlessthe Court of Appeals determines that theends of justice served by holding oral argu-ment on a later day outweigh the best inter-ests of the public and the parties. However,the Court of Appeals may not hold oral ar-gument more than 49 days after the date oftransmittal of the record because of generalcongestion of the court calendar or lack ofdiligent preparation or attention to the caseby a member of the court or a party.

(b) Set forth in writing and provide to theparties a determination to hear oral argu-ment more than 49 days from the date therecord is transmitted, together with the rea-sons for the determination. The Court of Ap-peals shall schedule oral argument as soonas is practicable.

(c) Consider, in making a determinationunder paragraph (b) of this subsection:

(A) Whether the case is so unusual orcomplex, due to the number of parties or theexistence of novel questions of law, that 49days is an unreasonable amount of time forthe parties to brief the case and for theCourt of Appeals to prepare for oral argu-ment; and

(B) Whether the failure to hold oral ar-gument at a later date likely would result ina miscarriage of justice.

(9) The court:(a) Shall limit judicial review of an order

reviewed under this section to the record.(b) May not substitute its judgment for

that of the Land Conservation and Develop-ment Commission as to an issue of fact.

(10) The Court of Appeals may affirm,reverse or remand an order reviewed underthis section. The Court of Appeals shall re-verse or remand the order only if the courtfinds the order is:

(a) Unlawful in substance or procedure.However, error in procedure is not cause forreversal or remand unless the Court of Ap-peals determines that substantial rights ofthe petitioner were prejudiced.

(b) Unconstitutional.(c) Not supported by substantial evidence

in the whole record as to facts found by thecommission.

(11) The Court of Appeals shall issue afinal order on the petition for judicial reviewwith the greatest possible expediency.



(12) If the order of the commission is re-manded by the Court of Appeals or the Su-preme Court, the commission shall respondto the court’s appellate judgment within 30days. [2007 c.723 §9; 2011 c.469 §6]

COLLABORATIVE REGIONAL PROBLEM SOLVING

197.652 Regional problem-solvingprocess. (1) At the request of a county andat least one other local government in a re-gion, the Department of Land Conservationand Development, other state agencies, asdefined in ORS 171.133, metropolitan plan-ning organizations, special districts and ad-visory committees on transportation mayparticipate with the local governments in acollaborative regional problem-solving proc-ess.

(2) If requested to participate, the de-partment shall assist the county with theprocess and encourage regional efforts to re-solve land use planning problems using theauthorities described in ORS 197.652 to197.658.

(3) The county, in cooperation with theother local governments, shall identify theland use planning problems to be addressedand the participants whose actions are nec-essary to resolve the land use planningproblems.

(4) The county shall submit a proposedwork scope and a proposed list of partic-ipants as a proposal to the Land Conserva-tion and Development Commission forreview. The commission shall review:

(a) The proposed work scope to determinewhether it can reasonably be completedwithin the time allowed;

(b) The proposed participant list to de-termine whether it includes, at a minimum,all local governments that will need toamend a comprehensive plan provision or aland use regulation, or adopt a new provisionor regulation, in order to resolve the landuse planning problems identified in the workscope; and

(c) The proposed work scope and theproposed participant list for consistency.

(5) A county may initiate amendments ofa comprehensive plan or land use regulationunder ORS 197.652 to 197.658 only if thecommission approves the work scope, the listof participants and a schedule for completionof the process. The schedule for completionof the process may:

(a) Not exceed three years except as pro-vided in paragraph (b) of this subsection.

(b) Be extended by the commission for upto one year for good cause shown.

(6) The decision of a county to submit aproposal under this section, and the decisionof the commission to approve a proposal, arenot final actions subject to judicial review.

(7) If the commission approves a proposalunder this section, the county must period-ically report on the progress in carrying outthe proposal, as specified by the commission.

(8) For purposes of ORS 197.654 and197.656, the participants in a collaborativeregional problem-solving process include allparticipants on the list of participants ap-proved by the commission unless the com-mission subsequently approves the additionor removal of a participant. [1996 c.6 §3; 1997c.365 §1; 2009 c.873 §8]

197.654 Regional problem-solvinggoals, actions and agreements; imple-mentation. (1) After the Land Conservationand Development Commission approves aproposal for regional problem-solving underORS 197.652, the participants shall developproposed actions to resolve the problemsidentified in the work scope. The participantsmust agree to:

(a) Regional goals that describe how theregion intends to resolve each regional prob-lem described in the work scope;

(b) Actions necessary to achieve the re-gional goals, including changes to compre-hensive plans or land use regulations;

(c) Measurable indicators of performanceand a system for monitoring progress towardachievement of the regional goals;

(d) Incentives and disincentives to en-courage successful implementation of the ac-tions to achieve the regional goals;

(e) If the regional goals involve the man-agement of an urban growth boundary, ac-tions to coordinate the planning andprovision of water, sewer and transportationfacilities in the region; and

(f) A process for correction of actions ifmonitoring indicates that the actions are notachieving the regional goals.

(2) A decision by a participant to enterinto a regional problem-solving agreementunder ORS 197.652 to 197.658 is not a finalland use decision. However, a regionalproblem-solving agreement is not final andbinding until:

(a) All local governments that are par-ticipants have adopted the provisions of thecomprehensive plans or land use regulationscontemplated in the agreement; and

(b) The commission has approved thecomprehensive plan provisions and land useregulations as provided under ORS 197.656.

(3) Changes to provisions of comprehen-sive plans and land use regulations adopted



to implement a regional problem-solvingagreement take effect 60 days after the com-mission notifies all participants that thecommission has approved all of the changes.[1996 c.6 §4; 2009 c.873 §9]

197.656 Commission approval of com-prehensive plans not in compliance withgoals; written statement of disapproval;participation by state agencies; use ofresource lands; rules. (1) After the adop-tion of changes to comprehensive plans andland use regulations to implement a regionalproblem-solving agreement under ORS197.652 to 197.658, the local governmentsthat are participants shall submit thechanges to the Land Conservation and De-velopment Commission for review in themanner set forth in this section.

(2) Following the procedures set forth inthis subsection, the commission may approvechanges to comprehensive plans and land useregulations that do not fully comply with thestatewide land use planning goals, withouttaking an exception under ORS 197.732, upona determination that the changes:

(a) Conform, on the whole, with the pur-poses of the goals, and any failure to meetindividual goal requirements is technical orminor in nature;

(b) Are needed to achieve the regionalgoals specified by the participants; and

(c) In combination with other actionsagreed upon by the participants, are reason-ably likely to achieve the regional goals.

(3) The commission:(a) Shall review changes to the compre-

hensive plans or land use regulations adoptedby a local government to implement a re-gional problem-solving agreement under ORS197.652 to 197.658 pursuant to the proceduresset forth in this section and ORS 197.659.

(b) Has exclusive jurisdiction for reviewof changes to comprehensive plans or landuse regulations adopted by a local govern-ment to implement a regional problem-solving agreement under ORS 197.652 to197.658.

(4) A participant in the regionalproblem-solving process or a person whoparticipated in the proceedings leading to theadoption of changes to the comprehensiveplans or land use regulations may not raisean issue on review before the commissionthat was not raised in the local proceedingsfor adoption of the changes to the plans orregulations.

(5) If the commission disapproves changesto the comprehensive plans or land use reg-ulations adopted by a local government toimplement a regional problem-solving agree-ment under ORS 197.652 to 197.658, the com-

mission shall issue a written statementdescribing the reasons for the disapprovaland suggesting alternative methods for ac-complishing the goals on a timely basis.

(6) If, in order to resolve regional landuse problems, the participants in a collab-orative regional problem-solving process de-cide to devote agricultural land or forestland,as defined in the statewide planning goals, touses not authorized by those goals, the par-ticipants shall choose land that is not partof the region’s commercial agricultural orforestland base, or take an exception to thosegoals pursuant to ORS 197.732. To identifyland that is not part of the region’s commer-cial agricultural or forestland base, the par-ticipants shall consider the recommendationof a committee of persons appointed by theaffected county, with expertise in appropriatefields, including but not limited to farmers,ranchers, foresters and soils scientists andrepresentatives of the State Department ofAgriculture, the State Forestry Departmentand the Department of Land Conservationand Development.

(7) The Governor may require all appro-priate state agencies to participate in thecollaborative regional problem-solving proc-ess.

(8) The commission may adopt rules toestablish additional procedural and substan-tive requirements for review of changes tocomprehensive plans and land use regu-lations adopted by local governments to im-plement a regional problem-solvingagreement under ORS 197.652 to 197.658.[1996 c.6 §5; 2001 c.672 §11; 2009 c.873 §10]

197.658 Modifying local work plan. Inaddition to the provisions of ORS 197.644, theLand Conservation and Development Com-mission may modify an approved work pro-gram when a local government has agreed toparticipate in a collaborative regionalproblem-solving process pursuant to ORS197.654 and 197.656. [1996 c.6 §6]

197.659 Commission approval of cer-tain changes in comprehensive plans orland use regulations. (1) The Land Conser-vation and Development Commission shallgrant, deny or remand approval of proposedchanges to a comprehensive plan or land useregulations adopted pursuant to ORS 197.652to 197.658 or 215.788 to 215.794 within 120days after the date that the local governmentsubmits the proposed changes.

(2) The Department of Land Conservationand Development shall prepare a report stat-ing whether the proposed changes complywith applicable statutes, goals and commis-sion rules. The department shall provide areasonable opportunity for persons to prepareand submit written comments or objectionsto the report; however a person may not:



(a) Submit written comments or ob-jections to the report unless the person par-ticipated orally or in writing in the localgovernment proceedings leading to the adop-tion of the proposed changes.

(b) Produce new evidence.(3) After reviewing the proposed changes,

the report and any written comments andobjections to the report, the commissionshall prepare a proposed final order. Thecommission shall afford the local governmentand persons who submitted written com-ments or objections to the report a reason-able opportunity to file written exceptions tothe proposed final order. If timely exceptionsare not filed, the proposed order becomesfinal.

(4) The commission’s review under thissection is confined to the record of pro-ceedings before the local government, thereport of the department and any comments,objections and exceptions filed under subsec-tion (2) or (3) of this section and the pro-posed final order of the commission,including any responses to exceptions. Thecommission may entertain oral argumentfrom the department and from persons whofiled exceptions, and may consider new issuesraised by its review. The commission maynot allow additional evidence, argument ortestimony that could have been presented tothe local government but was not presented.

(5) A commission order granting, denyingor remanding proposed changes must includea clear statement of findings that sets forththe basis for the approval, denial or remand,including:

(a) Identifying the statutes, goals andrules applicable to the proposed changes; and

(b) Supporting the determinations ofcompliance and noncompliance.

(6) A commission order granting approvalmay be limited to an identified geographicarea described in the order if:

(a) The identified geographic area is theonly area that is the subject of the proposedchanges; or

(b) Specific geographic areas do not com-ply with the applicable statutes, goals orrules, and the requirements are not technicalor minor in nature.

(7) The commission may issue a limitedapproval order if a previously issued approvalorder is reversed or remanded by an appel-late court. The limited approval order maydeny approval of that part of the comprehen-sive plan or land use regulations that thecourt found not in compliance with the ap-plicable statutes, goals or rules and grantapproval of other parts of the proposedchanges.

(8) A limited approval order is an ap-proval for all purposes and is a final orderfor purposes of judicial review with respectto the approved geographic area. A limitedorder may be adopted in conjunction with aremand. [2009 c.873 §13]

SPECIAL RESIDENCES197.660 Definitions. As used in ORS

197.660 to 197.670, 215.213, 215.263, 215.283,215.284 and 443.422:

(1) “Residential facility” means a resi-dential care, residential training or residen-tial treatment facility, as those terms aredefined in ORS 443.400, that provides resi-dential care alone or in conjunction withtreatment or training or a combinationthereof for six to fifteen individuals whoneed not be related. Staff persons required tomeet licensing requirements shall not becounted in the number of facility residents,and need not be related to each other or toany resident of the residential facility.

(2) “Residential home” means a residen-tial treatment or training home, as definedin ORS 443.400, a residential facility regis-tered under ORS 443.480 to 443.500 or anadult foster home licensed under ORS443.705 to 443.825 that provides residentialcare alone or in conjunction with treatmentor training or a combination thereof for fiveor fewer individuals who need not be related.Staff persons required to meet licensing re-quirements shall not be counted in the num-ber of facility residents, and need not berelated to each other or to any resident ofthe residential home.

(3) “Zoning requirement” means anystandard, criteria, condition, review proce-dure, permit requirement or other require-ment adopted by a city or county under theauthority of ORS chapter 215 or 227 that ap-plies to the approval or siting of a residentialfacility or residential home. A zoning re-quirement does not include a state or localhealth, safety, building, occupancy or firecode requirement. [1989 c.564 §2; 1991 c.801 §6; 2001c.900 §47; 2005 c.22 §145; 2009 c.595 §174]

197.663 Legislative findings. The Legis-lative Assembly finds and declares that:

(1) It is the policy of this state that per-sons with disabilities and elderly persons areentitled to live as normally as possiblewithin communities and should not be ex-cluded from communities because their disa-bility or age requires them to live in groups;

(2) There is a growing need for residen-tial homes and residential facilities to pro-vide quality care and protection for personswith disabilities and elderly persons and toprevent inappropriate placement of such per-sons in state institutions and nursing homes;



(3) It is often difficult to site and estab-lish residential homes and residential facili-ties in the communities of this state;

(4) To meet the growing need for resi-dential homes and residential facilities, it isthe policy of this state that residential homesand residential facilities shall be considereda residential use of property for zoning pur-poses; and

(5) It is the policy of this state to inte-grate residential facilities into the communi-ties of this state. The objective of integrationcannot be accomplished if residential facili-ties are concentrated in any one area. [1989c.564 §3; 2007 c.70 §54]

197.665 Locations of residentialhomes. (1) Residential homes shall be a per-mitted use in:

(a) Any residential zone, including a res-idential zone which allows a single-familydwelling; and

(b) Any commercial zone which allows asingle-family dwelling.

(2) A city or county may not impose anyzoning requirement on the establishment andmaintenance of a residential home in a zonedescribed in subsection (1) of this sectionthat is more restrictive than a zoning re-quirement imposed on a single-family dwell-ing in the same zone.

(3) A city or county may:(a) Allow a residential home in an exist-

ing dwelling in any area zoned for farm use,including an exclusive farm use zone estab-lished under ORS 215.203;

(b) Impose zoning requirements on theestablishment of a residential home in areasdescribed in paragraph (a) of this subsection,provided that these requirements are nomore restrictive than those imposed on othernonfarm single-family dwellings in the samezone; and

(c) Allow a division of land for a resi-dential home in an exclusive farm use zoneonly as described in ORS 215.263 (9). [1989c.564 §4; 2001 c.704 §5]

197.667 Location of residential facility;application and supporting documenta-tion. (1) A residential facility shall be a per-mitted use in any zone where multifamilyresidential uses are a permitted use.

(2) A residential facility shall be a condi-tional use in any zone where multifamilyresidential uses are a conditional use.

(3) A city or county may allow a resi-dential facility in a residential zone otherthan those zones described in subsections (1)and (2) of this section, including a zonewhere a single-family dwelling is allowed.

(4) A city or county may require an ap-plicant proposing to site a residential facilitywithin its jurisdiction to supply the city orcounty with a copy of the entire applicationand supporting documentation for state li-censing of the facility, except for informationwhich is exempt from public disclosure underORS 192.410 to 192.505. However, cities andcounties shall not require independent proofof the same conditions that have been re-quired by the Department of Human Servicesunder ORS 418.205 to 418.327 for licensingof a residential facility. [1989 c.564 §5; 1991 c.801§8; 2001 c.900 §48; 2003 c.86 §15]

197.670 Zoning requirements and pro-hibitions for residential homes and resi-dential facilities. (1) As of October 3, 1989,no city or county shall:

(a) Deny an application for the siting ofa residential home in a residential or com-mercial zone described in ORS 197.665 (1).

(b) Deny an application for the siting ofa residential facility in a zone where multi-family residential uses are allowed, unlessthe city or county has adopted a siting pro-cedure which implements the requirementsof ORS 197.667.

(2) Every city and county shall amend itszoning ordinance to comply with ORS 197.660to 197.667 as part of periodic land use planreview occurring after January 1, 1990.Nothing in this section prohibits a city orcounty from amending its zoning ordinanceprior to periodic review. [1989 c.564 §6]

197.675 [1989 c.964 §4; repealed by 2001 c.613 §1]

FARMWORKER HOUSING197.677 Policy. In that the agricultural

workers in this state benefit the social andeconomic welfare of all of the people in Ore-gon by their unceasing efforts to bring abountiful crop to market, the Legislative As-sembly declares that it is the policy of thisstate to insure adequate agricultural laboraccommodations commensurate with thehousing needs of Oregon’s workers that meetdecent health, safety and welfare standards.To accomplish this objective in the interestof all of the people in this state, it is neces-sary that:

(1) Every state and local governmentagency that has powers, functions or dutieswith respect to housing, land use or enforc-ing health, safety or welfare standards, underthis or any other law, shall exercise its pow-ers, functions or duties consistently with thestate policy declared by ORS 197.307, 197.312,197.677 to 197.685, 215.213, 215.277, 215.283,215.284 and 455.380 and in such manner aswill facilitate sustained progress in attainingthe objectives established;



(2) Every state and local governmentagency that finds farmworker activitieswithin the scope of its jurisdiction mustmake every effort to alleviate insanitary, un-safe and overcrowded accommodations;

(3) Special efforts should be directed to-ward mitigating hazards to families and chil-dren; and

(4) All accommodations must provide forthe rights of free association to farmworkersin their places of accommodation. [1989 c.964§2; 2001 c.613 §11]

197.680 Legislative findings. The Legis-lative Assembly finds that:

(1) This state has a large stock of exist-ing farmworker housing that does not meetminimum health and safety standards and isin need of rehabilitation;

(2) It is not feasible to rehabilitate muchof the existing farmworker housing stock tomeet building code standards;

(3) In order to assure that minimumstandards are met in all farmworker housingin this state, certain interim measures mustbe taken; and

(4) Limited rehabilitation, outside cityboundaries, must be allowed to a lesserstandard than that set forth in the existingbuilding codes. [1989 c.964 §3; 2001 c.613 §12]

197.685 Location of farmworker hous-ing; approval standards. (1) The availabil-ity of decent, safe and sanitary housingopportunities for farmworkers is a matter ofstatewide concern.

(2) Farmworker housing within the ruralarea of a county shall be permitted in a zoneor zones in rural centers and areas commit-ted to nonresource uses.

(3) Any approval standards, special con-ditions and procedures for approval adoptedby a local government shall be clear and ob-jective and shall not have the effect, eitherin themselves or cumulatively, of discourag-ing needed housing through unreasonablecost or delay. [1989 c.964 §5; 2001 c.613 §4]

197.705 [1973 c.482 §1; repealed by 1977 c.665 §24]

ECONOMIC DEVELOPMENT(Temporary provisions relating to

Southeast Redmond Employment Site)Note: Sections 1 and 2, chapter 105, Oregon Laws

2012, provide:Sec. 1. (1) As used in this section, “Southeast

Redmond Employment Site” means the approximately465 acres of real property that are located within theCity of Redmond and:

(a) Are bounded roughly on the north by EastAntler Avenue between Southeast 9th Street and South-east 17th Street and the coterminous city limit and ur-ban growth boundary, on the east by Southeast 17thStreet and the coterminous city limit and urban growth

boundary, on the south by Oregon Route 126 and on thewest by Southeast 9th Street;

(b) Can be identified as tax lots 1513150000100,1513150000101 and 1513150000102 and that portion of1513000000103 lying within section 14 and located withinthe city on the effective date of this 2012 Act [April 11,2012]; and

(c) Are zoned under the Redmond ComprehensivePlan as Open Space Park Reserve.

(2) Notwithstanding a statewide land use planninggoal related to transportation planning and administra-tive rules that implement the goal, and for the purposeof facilitating the development of the Southeast Red-mond Employment Site, the city may adopt changes tothe Redmond Comprehensive Plan and Zone Map toimplement the Eastside Framework Plan adopted by thegoverning body of the city on December 9, 2008, withoutdetermining whether the change will have a significanteffect on existing or planned transportation facilities.

(3) If the city adopts changes authorized by sub-section (2) of this section:

(a) The city shall adopt a zoning designation orzoning overlay that restricts retail commercial activitiesallowed on the site to activities that:

(A) Are necessary to support the planned employ-ment uses;

(B) Are not large-scale retail commercial activities,as that term is used in the land use regulations of thecity; or

(C) Help contain overall trips within the site.(b) The city shall adopt provisions to maintain in

the site at least one lot or parcel, as those terms aredefined in ORS 92.010, of at least 50 acres and shall planand zone the lot or parcel for industrial or traded-sectoremployment use.

(c) Subject to subsection (4) of this section, the cityshall address the transportation impacts for the South-east Redmond Employment Site by entering into anagreement with other providers of transportation facili-ties, including but not limited to the Department ofTransportation, to plan for transportation improvementsappropriate to accommodate the amount and types oftraffic projected to be generated by development withinthe Southeast Redmond Employment Site.

(d) Within four months after the city and the de-partment have signed the agreement required by thissection, the department shall establish an alternativemobility target for the state highways within the af-fected area that results from implementation of theagreement. By establishing an alternative mobility tar-get, the department does not preclude modifying thetarget by agreement between the city and the depart-ment as a result of a future update to the Transporta-tion System Plan, a comprehensive corridor planningapproach, including the Trip 97 Study, or another sys-tem planning process. Other providers of transportationfacilities may be parties to the agreement.

(4)(a) The city and the department must negotiateand enter into the agreement required by this sectionwithin six months after the city completes the plannedupdate of the site Transportation Impact Analysis andsubmits the results to the department.

(b) The agreement must:(A) Identify and list planned transportation im-

provements and contain a description of the anticipatedtiming and financial responsibility for funding the im-provements; and

(B) Be adopted as part of the Transportation Sys-tem Plan of the city.

(c) The transportation improvements in the agree-ment must be based on practical design principles andmay be funded with existing and planned transportation



funding sources available to the city within the plan-ning horizon.

(d) In the agreement required by this section:(A) The city must acknowledge that the full im-

pacts of the proposed land use action to the transpor-tation system may not be fully accommodated by thetransportation improvements contained in the agree-ment required under this section and that the depart-ment may not be responsible for funding additionaltransportation improvements to reduce motor vehicletraffic congestion that may occur due to the develop-ment of the Southeast Redmond Employment Site; and

(B) The department must acknowledge that thetransportation improvements identified in the agreementmay not be sufficient to meet the Highway MobilityTargets of the department as described in the OregonHighway Plan.

(e) If the city and the department cannot negotiatean agreement within six months, the city shall constructmitigation described in the planned update to theTransportation Impact Analysis of the city. [2012 c.105§1]

Sec. 2. Section 1 of this 2012 Act is repealed onJanuary 2, 2015. [2012 c.105 §2]

197.707 Legislative intent. It was theintent of the Legislative Assembly in enact-ing ORS chapters 195, 196, 197, 215 and 227not to prohibit, deter, delay or increase thecost of appropriate development, but to en-hance economic development and opportunityfor the benefit of all citizens. [1983 c.827 §16]

197.710 [1973 c.482 §3; repealed by 1977 c.665 §24]

197.712 Commission duties; compre-hensive plan provisions; public facilityplans; state agency coordination plans;compliance deadline; rules. (1) In additionto the findings and policies set forth in ORS197.005, 197.010 and 215.243, the LegislativeAssembly finds and declares that, in carryingout statewide comprehensive land use plan-ning, the provision of adequate opportunitiesfor a variety of economic activities through-out the state is vital to the health, welfareand prosperity of all the people of the state.

(2) By the adoption of new goals or rules,or the application, interpretation or amend-ment of existing goals or rules, the LandConservation and Development Commissionshall implement all of the following:

(a) Comprehensive plans shall include ananalysis of the community’s economic pat-terns, potentialities, strengths and deficien-cies as they relate to state and nationaltrends.

(b) Comprehensive plans shall containpolicies concerning the economic develop-ment opportunities in the community.

(c) Comprehensive plans and land useregulations shall provide for at least an ade-quate supply of sites of suitable sizes, types,locations and service levels for industrial andcommercial uses consistent with plan poli-cies.

(d) Comprehensive plans and land useregulations shall provide for compatible uses

on or near sites zoned for specific industrialand commercial uses.

(e) A city or county shall develop andadopt a public facility plan for areas withinan urban growth boundary containing a pop-ulation greater than 2,500 persons. The pub-lic facility plan shall include rough costestimates for public projects needed to pro-vide sewer, water and transportation for theland uses contemplated in the comprehensiveplan and land use regulations. Project tim-ing and financing provisions of public facilityplans shall not be considered land use deci-sions.

(f) In accordance with ORS 197.180, stateagencies that provide funding for transporta-tion, water supply, sewage and solid wastefacilities shall identify in their coordinationprograms how they will coordinate thatfunding with other state agencies and withthe public facility plans of cities and coun-ties. In addition, state agencies that issuepermits affecting land use shall identify intheir coordination programs how they willcoordinate permit issuance with other stateagencies and cities and counties.

(g) Local governments shall provide:(A) Reasonable opportunities to satisfy

local and rural needs for residential and in-dustrial development and other economic ac-tivities on appropriate lands outside urbangrowth boundaries, in a manner consistentwith conservation of the state’s agriculturaland forest land base; and

(B) Reasonable opportunities for urbanresidential, commercial and industrial needsover time through changes to urban growthboundaries.

(3) A comprehensive plan and land useregulations shall be in compliance with thissection by the first periodic review of thatplan and regulations. [1983 c.827 §17; 1991 c.612§17]

197.713 Industrial development on in-dustrial lands outside urban growthboundaries; exceptions. (1) Notwithstand-ing statewide land use planning goals relat-ing to urbanization or to public facilities andservices, a county or its designee may au-thorize:

(a) Industrial development, including ac-cessory uses subordinate to the industrialdevelopment, in buildings of any size andtype, subject to the permit approval processdescribed in ORS 215.402 to 215.438 and toapplicable building codes, in an area plannedand zoned for industrial use on January 1,2004, subject to the territorial limits de-scribed in subsections (2) and (3) of this sec-tion.

(b) On-site sewer facilities to serve theindustrial development authorized under this



section, including accessory uses subordinateto the industrial development.

(2) Subject to subsection (3) of this sec-tion, a county or its designee may considerthe following land for industrial developmentunder this section:

(a) Land more than three miles outsidethe urban growth boundary of every citywith a population of 20,000 individuals ormore; and

(b) Land outside the urban growthboundary of every city with a population offewer than 20,000 individuals.

(3) A county or its designee may not au-thorize industrial development under thissection on land within the Willamette Valleyas defined in ORS 215.010.

(4) A county or its designee may not au-thorize under this section retail, commercialor residential development in the area zonedfor industrial use. [2003 c.688 §1; 2005 c.666 §1]

Note: 197.713 and 197.714 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 197 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

197.714 Cooperation of county and cityconcerning industrial development. (1)Notwithstanding the authority granted inORS 197.713 to allow industrial development,including accessory uses subordinate to theindustrial development, in areas zoned forindustrial use, when a county or its designeeconsiders action under ORS 197.713 (1) forland within 10 miles of the urban growthboundary of a city, the county or its designeeshall give notice to the city at least 21 daysprior to taking action.

(2) If the city objects to the authorizationof industrial development under ORS 197.713,the city and county shall negotiate to estab-lish conditions on the industrial developmentor changes in the development necessary tomitigate concerns raised by the city’s ob-jection. [2003 c.688 §2]

Note: See note under 197.713.197.715 [1973 c.482 §2; repealed by 1977 c.665 §24]

197.717 Technical assistance by stateagencies; information from Oregon Busi-ness Development Department; modelordinances; rural economic development.(1) State agencies shall provide technical as-sistance to local governments in:

(a) Planning and zoning land adequate inamount, size, topography, transportation ac-cess and surrounding land use and public fa-cilities for the special needs of variousindustrial and commercial uses;

(b) Developing public facility plans; and(c) Streamlining local permit procedures.

(2) The Oregon Business DevelopmentDepartment shall provide a local governmentwith “state and national trend” informationto assist in compliance with ORS 197.712(2)(a).

(3) The Land Conservation and Develop-ment Commission shall develop model ordi-nances to assist local governments instreamlining local permit procedures.

(4) The Department of Land Conservationand Development and the Oregon BusinessDevelopment Department shall establish ajoint program to assist rural communitieswith economic and community developmentservices. The assistance shall include, butnot be limited to, grants, loans, model ordi-nances and technical assistance. The pur-poses of the assistance are to removeobstacles to economic and community devel-opment and to facilitate that development.The departments shall give priority to com-munities with high rates of unemployment.[1983 c.827 §18; 1995 s.s. c.3 §36h; 1996 c.6 §10]

197.719 Industrial use of abandoned ordiminished mill sites; amendment ofcomprehensive plans and land use regu-lations; sewer facilities. (1) As used in thissection, “abandoned or diminished mill site”means a mill, plant or other facility engagedin the processing or manufacturing of woodproducts, including sawmills and facilities forthe production of plywood, veneer,hardboard, panel products, pulp and paper,that:

(a) Is located outside of urban growthboundaries;

(b) Was closed after January 1, 1980, orhas been operating at less than 25 percentof capacity since January 1, 2003; and

(c) Contains or contained permanentbuildings used in the production or manufac-turing of wood products.

(2) Notwithstanding statewide land useplanning goals protecting agricultural landsor forestlands or administrative rules imple-menting those goals, the governing body ofa county may amend the county’s compre-hensive plan and land use regulations to al-low an abandoned or diminished mill site tobe zoned for industrial use.

(3) Notwithstanding a statewide land useplanning goal relating to urbanization or ad-ministrative rules implementing that goal,the governing body of a county may amendthe county’s comprehensive plan and landuse regulations to allow an abandoned or di-minished mill site to be zoned for any levelof industrial use.

(4) Notwithstanding a statewide land useplanning goal relating to public facilities andservices or administrative rules implement-



ing that goal, the governing body of a countyor its designee may approve:

(a) The extension of sewer facilities tolands that on June 10, 2003, are zoned forindustrial use and that contain an abandonedor diminished mill site. The sewer facilitiesmay serve only industrial uses authorized forthe mill site and contiguous lands zoned forindustrial use.

(b) The extension of sewer facilities to anabandoned or diminished mill site that is re-zoned for industrial use under this sectiononly as necessary to serve industrial usesauthorized for the mill site.

(c) The establishment of on-site sewer fa-cilities to serve an area that on June 10,2003, is zoned for industrial use and thatcontains an abandoned or diminished millsite or to serve an abandoned or diminishedmill site that is rezoned for industrial useunder this section. The sewer facilities mayserve only industrial uses authorized for themill site and contiguous lands zoned for in-dustrial use.

(5)(a) A local government, as defined inORS 174.116, may not authorize a connectionto any portion of a sewer facility located be-tween an urban growth boundary or theboundary of an unincorporated communityand the boundary of the mill site or the in-dustrial zone containing the mill site, exceptas provided under a statewide land use plan-ning goal relating to public facilities andservices or under ORS 197.732.

(b) Sewer facilities approved under sub-section (4) of this section shall be limited insize to meet the needs of authorized indus-trial uses and may not provide service to re-tail, commercial or residential development,except as provided under a statewide landuse planning goal relating to public facilitiesand services or under ORS 197.732. Thepresence of the sewer facilities may not beused to justify an exception to statewide landuse planning goals protecting agriculturallands or forestlands or relating tourbanization.

(6)(a) The governing body of a county orits designee shall determine the boundary ofan abandoned or diminished mill site. Foran abandoned or diminished mill site that isrezoned for industrial use under this section,land within the boundary of the mill site mayinclude only those areas that were improvedfor the processing or manufacturing of woodproducts.

(b) For an abandoned or diminished millsite subject to subsection (2), (3) or (4) of thissection, the governing body of a city orcounty or its designee may approve a permit,as defined in ORS 215.402 or 227.160, only forindustrial development and accessory uses

subordinate to such development on the millsite. The governing body or its designee maynot approve a permit for retail, commercialor residential development on the mill site.

(7) For land that on June 10, 2003, iszoned under statewide land use planninggoals protecting agricultural lands or forest-lands and that is rezoned for industrial useunder subsections (2) and (3) of this section,the governing body of the county or its des-ignee may not later rezone the land for re-tail, commercial or other nonresource use,except as provided under the statewide landuse planning goals or under ORS 197.732.[2003 c.252 §2; 2003 c.688 §3]


(1) “Industrial use” means employmentactivities, including, but not limited to, man-ufacturing, assembly, fabrication, processing,storage, logistics, warehousing, importation,distribution and transshipment and researchand development, that generate income fromthe production, handling or distribution ofgoods or services, including goods or servicesin the traded sector, as defined in ORS285A.010.

(2) “Regionally significant industrialarea” means an area planned and zoned forindustrial use that:

(a) Contains vacant sites, includingbrownfields, that are suitable for the locationof new industrial uses or the expansion ofexisting industrial uses and that collectivelycan provide significant additional employ-ment in the region;

(b) Has site characteristics that give thearea significant competitive advantages thatare difficult or impossible to replicate in theregion;

(c) Has superior access to transportationand freight infrastructure, including, but notlimited to, rail, port, airport, multimodalfreight or transshipment facilities, and othermajor transportation facilities or routes; and

(d) Is located in close proximity to majorlabor markets. [2011 c.564 §6]

Note: 197.722 to 197.728 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 197 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

197.723 Designation of regionally sig-nificant industrial areas; rules. (1) Withinthree years after June 28, 2011, in cooper-ation with local governments and private in-dustry, the Economic Recovery ReviewCouncil, by rule, shall designate at least fiveand not more than 15 regionally significantindustrial areas. The council shall base thedesignation of regionally significant indus-trial areas on the criteria in the definition



of “regionally significant industrial area”and the judgment of the council concerningthe relative importance of the areas in termsof potential, long-term job creation.

(2) A local government may nominate aregionally significant industrial area for des-ignation by the council.

(3) An area containing multiple sitescertified by the Oregon Business Develop-ment Department as ready for developmentwithin six months or less is eligible for des-ignation by the council if the area is a re-gionally significant industrial area.

(4) In addition to demonstrating compli-ance with other provisions of law, including,but not limited to, a statewide land useplanning goal concerning economic develop-ment and rules implementing the goal, thefuture employment potential of a regionallysignificant industrial area shall be protectedfrom conflicting development in the followingways:

(a) A local government may not adopt aprovision of a comprehensive plan or landuse regulation that prevents industrial useswithin the area.

(b) A local government may not adopt aprovision of a comprehensive plan or landuse regulation that allows new nonindustrialuses within the area that conflict with exist-ing or planned industrial uses.

(c) A local government may not decreasethe land area planned or zoned for industrialuses within the regionally significant indus-trial area.

(d) A local government may adopt a pro-vision of a comprehensive plan or land useregulation, including development standardsor overlay zones, that restricts the type orextent of current or future industrial useswithin the area, but only if the local govern-ment mitigates at the same time the effectof the new provision by:

(A) Clearly maintaining or increasing theindustrial employment potential of the area;and

(B) Clearly maintaining the importantsite characteristics and functions that led tothe designation of the site as a regionallysignificant industrial area.

(5) Subsection (4) of this section does notapply to a provision of a comprehensive planor land use regulation that is necessary:

(a) To protect public health or safety; or(b) To implement federal law.(6) If 50 percent of the developable land

within a regionally significant industrialarea has not been developed within 10 yearsafter designation of the area, the councilshall remove the designation, unless land-

owners representing a majority of the landwithin the area request that the designationbe continued.

(7) Within a regionally significant indus-trial area, a new industrial use or the ex-pansion of an existing industrial use iseligible for an expedited industrial land usepermit issued under ORS 197.724 if the newor expanded use does not require a changeto the acknowledged comprehensive plan orland use regulations.

(8) In addition to other criteria for dis-tribution of available funds, the Oregon In-frastructure Finance Authority and theOregon Transportation Commission may con-sider the designation of an area as a re-gionally significant industrial area inprioritizing funding for transportation andother public infrastructure.

(9) ORS 197.722 to 197.728 do not applyto land in the Willamette River GreenwayPlan boundary between river mile 1 and rivermile 11. [2011 c.564 §7]


197.724 Review of application for landuse permit within regionally significantindustrial area. (1) An applicant for a newindustrial use or the expansion of an existingindustrial use located within a regionallysignificant industrial area may request thatan application for a land use permit be re-viewed as an application for an expedited in-dustrial land use permit under this section ifthe proposed use does not require:

(a) An exception taken under ORS197.732 to a statewide land use planninggoal;

(b) A change to the acknowledged com-prehensive plan or land use regulations ofthe local government within whose land usejurisdiction the new or expanded industrialuse would occur; or

(c) A federal environmental impact state-ment under the National Environmental Pol-icy Act.

(2) If the applicant makes a request thatcomplies with subsection (1) of this section,the local government shall review the appli-cations for land use permits for the proposedindustrial use by applying the standards andcriteria that otherwise apply to the reviewand by using the procedures set forth for re-view of an expedited land division in ORS197.365 and 197.370. [2011 c.564 §8]

Note: See note under 197.722.197.725 [1973 c.482 §4; repealed by 1977 c.665 §24]

197.726 Jurisdiction on appeal; stand-ing. (1) The Land Use Board of Appeals doesnot have jurisdiction to consider decisions,aspects of decisions or actions taken underORS 197.722 to 197.728.



(2) An appeal of a decision on an appli-cation for an expedited industrial land usepermit made under ORS 197.724 may be madein the manner set forth in ORS 197.375 forappeal of a decision on an expedited land di-vision. Notwithstanding ORS 197.375:

(a) The applicant and a person who filedwritten comments in the time period estab-lished under ORS 197.365 may file an appeal;

(b) If an appeal is filed, the referee shallhold a hearing on the appeal; and

(c) The referee shall issue a written de-cision within 56 days after the appeal wasfiled.

(3) A party to a proceeding before a ref-eree under this section may seek judicial re-view of the referee’s decision in the mannerprovided for review of final orders of theLand Use Board of Appeals under ORS197.850 and 197.855. The Court of Appealsshall review decisions of the referee in themanner provided for review of final ordersof the Land Use Board of Appeals in ORS197.850 and 197.855. However, notwithstand-ing ORS 197.850 (9) or any other provisionof law, the court shall reverse or remand thedecision only if the court finds that:

(a) The local government’s decisionclearly does not concern an application foran expedited industrial land use permit asdescribed in ORS 197.724 and the appellantraised this issue in proceedings before thereferee;

(b) The referee’s decision contains aclear, material error of fact based on the re-cord, and the appellant raised the issue inproceedings before the referee;

(c) The referee’s decision contains aclear, material error of law, giving deferenceto any interpretations of law by the referee,and the appellant raised the issue in pro-ceedings before the referee; or

(d) The decision of the local governmentor the referee is unconstitutional. [2011 c.564§9]


197.727 Fee for review. Each city andcounty with land use jurisdiction within aregionally significant industrial area desig-nated by the Economic Recovery ReviewCouncil may establish a fee for review of anapplication for an expedited industrial landuse permit. The fee must be set at a levelestimated to recover the full cost of process-ing an application, including the cost of ap-peals to a referee under ORS 197.726, basedon the estimated cost of the use proposed inthe application. [2011 c.564 §10]


197.728 Rules. The Land Conservationand Development Commission shall adminis-ter regionally significant industrial areas andmay adopt rules as necessary to implementORS 197.722 to 197.728. [2011 c.564 §11]


(Temporary provisions relating to industrial development projects

of state significance)Note: Sections 1, 2, 3, 4, 5, 12 and 13, chapter 564,

Oregon Laws 2011, provide:Sec. 1. The Legislative Assembly finds and de-

clares that:(1) Industrial development that provides above-

average wages and employs a skilled workforce is ofsuch significance to the economic recovery of the Stateof Oregon that the development merits an expeditedproject review process.

(2) Expedited project review for proposed industrialdevelopment projects of state significance bolsters theeconomies of local communities and contributes to theeconomic recovery of the State of Oregon as a whole.[2011 c.564 §1]

Sec. 2. (1) As used in this section:(a) “Discretionary local permit” includes local land

use permits and licenses.(b) “Discretionary state permit” does not include a

permit or license issued by a state permitting agencypursuant to a federally delegated program.

(c) “Industrial use” means employment activitiesgenerating income from:

(A) The production, handling or distribution ofgoods including, but not limited to, manufacturing, as-sembly, fabrication, processing, storage, logistics, ware-housing, importation, distribution and transshipmentand research and development; and

(B) Services sold in a traded sector, as defined inORS 285A.010.

(d) “State permitting agencies” means the Depart-ment of Environmental Quality, the Department of StateLands and the Department of Transportation.

(2) Industrial development projects of state signif-icance are projects that:

(a) Create jobs with average wages above 180 per-cent of the minimum wage.

(b) Create a large number of new jobs in relationto the economy and population of the area directly im-pacted by the development.

(c) Create permanent jobs in industrial uses.(d) Involve a significant investment of capital in

relation to the economy and population of the area di-rectly impacted by the development.

(e) Have community support, as indicated by aresolution of the governing body of the local govern-ment within whose land use jurisdiction the industrialdevelopment project would occur.

(f) Do not require:(A) An exception taken under ORS 197.732 to a

statewide land use planning goal;(B) A change to the acknowledged comprehensive

plan or land use regulations of the local governmentwithin whose land use jurisdiction the industrial devel-opment project would occur; or

(C) A federal environmental impact statement un-der the National Environmental Policy Act.

(3) In lieu of filing an application for a discretion-ary local permit under ORS 215.402 to 215.438 or 227.160to 227.186, and in lieu of filing an application otherwise



required by law for a discretionary state permit from astate permitting agency, a person may file an applica-tion with the Economic Recovery Review Council forexpedited project review of an industrial developmentproject after first filing with the council a notice of in-tent to seek expedited project review that includes evi-dence that the proposed project meets the criteria forstate significance set forth in subsection (2) of this sec-tion.

(4) The Economic Recovery Review Council, estab-lished under section 3 of this 2011 Act, may expedite thepermitting of up to 10 industrial development projectsof state significance per biennium through an expeditedproject review process in which the council reviews theproposed project to determine whether the project com-plies with the standards and criteria for applicable dis-cretionary local permits and discretionary state permits.The expedited project review by the council must in-clude:

(a) Review of the notice of intent filed under sub-section (3) of this section and a preliminary determi-nation of whether the proposed project qualifies as anindustrial development project of state significance.

(b) Preparation and issuance of a project order, ifon review of the notice of intent the proposed projectappears to qualify as an industrial development projectof state significance, that sets forth:

(A) The applicable standards and criteria for ap-proval of each discretionary local permit or discretion-ary state permit that will be addressed in the expeditedproject review; and

(B) The deadline for an applicant to file a completeapplication.

(c) Review of the complete application.(5) If the applicant files a complete application

within the time specified by the council, the councilshall:

(a) Provide notice of the application in the mannerrequired by ORS 197.763 for a land use decision or inthe manner required for a conditional use permit in theapplicable acknowledged land use regulations of the lo-cal government within whose land use jurisdiction theproposed project would occur, whichever results inbroader notice;

(b) Provide for a public hearing on the proposedproject in the land use jurisdiction in which the pro-posed project would occur;

(c) Consider recommendations of the local govern-ment and state permitting agencies that would otherwisehave jurisdiction to review the discretionary local per-mits and discretionary state permits for the proposedproject in determining whether the project complieswith applicable standards and criteria and in determin-ing whether to impose conditions of approval for theproject; and

(d) Apply the standards and criteria for each dis-cretionary local permit and discretionary state permitrequired for the construction and operation of the pro-posed project and determine, within 120 days after thedate a complete application is filed and based on therecord and the applicable law, whether the projectcomplies with the applicable standards and criteria.

(6) The council has jurisdiction to approve discre-tionary local permits and discretionary state permits.The council may not waive standards and criteria thatapply to issuance of a discretionary local permit or adiscretionary state permit. If the council determines thatthe proposed project complies with the applicable stan-dards and criteria, the council shall issue a projectcertificate approving the development project. In addi-tion to other conditions reasonably necessary to ensurethat the proposed project complies with applicablestandards and criteria, the council may impose a con-dition requiring commencement of construction by a

date calculated to ensure that a particular site is de-veloped for the project within a specific time period. Ifthe council determines that the project does not, or cannot, comply with applicable standards and criteria, thecouncil shall issue a final order denying the applicationand explaining why the application was not approved.

(7) A state permitting agency or a local governmentmay recommend conditions of approval reasonably nec-essary to ensure that the development project complieswith applicable standards and criteria.

(8) Expedited project review of an industrial devel-opment project is not subject to ORS 183.413 to 183.470.

(9) Issuance of a project certificate:(a) Binds public bodies, as defined in ORS 174.109,

in regard to approval of construction and operation ofthe development project.

(b) Satisfies requirements imposed on a state per-mitting agency by ORS 197.180 and administrative rulesimplementing ORS 197.180.

(10) After the council issues a project certificate,state permitting agencies and local governments shall:

(a) Issue discretionary local permits and discre-tionary state permits as required in the certificate; and

(b) Exercise enforcement authority over the per-mits, including conditions imposed in the certificate.

(11) The council shall charge the applicant a feecalculated to recover the costs reasonably incurred toconduct expedited project review, including the costsincurred by state permitting agencies and local govern-ments that make recommendations to the council con-cerning whether the proposed project complies withapplicable standards and criteria. If the fee charged bythe council includes costs incurred by a state permittingagency or a local government, the council shall pay orreimburse the state permitting agency or the local gov-ernment in the manner provided by ORS 469.360. Thecouncil may require the applicant to pay all or a por-tion of the fee before initiation of the expedited projectreview and may require progress payments as the re-view proceeds. The fee required by this section is inlieu of any fee or fees otherwise required for review ofa discretionary local permit or a discretionary statepermit addressed in the project certificate. The councilshall deposit moneys received under this section in theEconomic Recovery Review Council Fund establishedunder section 5 of this 2011 Act.

(12) The Land Use Board of Appeals does not havejurisdiction to consider decisions, aspects of decisionsor actions taken under sections 1 to 5 of this 2011 Act.

(13) A person who participated in the proceedingsbefore the council may appeal a final order of thecouncil to the Court of Appeals. The appeal shall pro-ceed in the manner provided by ORS 197.850, 197.855 and197.860. However, notwithstanding ORS 197.850 (9) orany other provision of law, the court shall reverse orremand the decision only if the court finds that:

(a) The council’s determination that the proposedproject qualifies as an industrial development projectof state significance under subsection (2) of this sectionwas clearly in error;

(b) There is a basis to vacate the decision as de-scribed in ORS 36.705 (1)(a) to (d) or a basis for mod-ification or correction of an award as described in ORS36.710; or

(c) The decision was unconstitutional. [2011 c.564§2]

Sec. 3. (1) There is established an Economic Re-covery Review Council, consisting of five members whoserve in their respective roles as the directors of:

(a) The Oregon Business Development Department.(b) The Department of Land Conservation and De-

velopment.



(c) The Department of Transportation.(d) The Department of Environmental Quality.(e) The Department of State Lands.(2) Each member serves during the member’s tenure

in the role described in subsection (1) of this section.(3) If a local government with land use jurisdiction

requests to participate, the council shall designate oneelected official of the local government as a votingmember of the council for purposes of:

(a) Review of a proposed industrial developmentproject of state significance under section 2 of this 2011Act.

(b) Designation of a regionally significant indus-trial area pursuant to section 7 of this 2011 Act[197.723].

(4) Members of the council are not entitled tocompensation, but at the discretion of the council maybe reimbursed, from funds available to the council, foractual and necessary travel and other expenses incurredby them in the performance of their official duties, inthe manner and amount provided in ORS 292.495.

(5) The council shall select one of its members aschairperson and another as vice chairperson, for termsand with duties and powers necessary for the perform-ance of the functions of the offices as the council de-termines.

(6) A majority of the members of the council con-stitutes a quorum for the transaction of business. [2011c.564 §3]

Sec. 4. (1) The Economic Recovery Review Councilis an independent council that reports directly to theGovernor. For the purposes of the responsibilities of thecouncil, the members of the council are not responsibleto the boards or commissions to which the members re-port as directors of their respective state agencies.

(2) The Oregon Business Development Departmentshall provide administrative support and office space forthe council.

(3) The council may employ a program manager.(4) The designation of the program manager must

be by written order, filed with the Secretary of State.(5) Subject to any applicable provisions of ORS

chapter 240, the program manager shall appoint allsubordinate officers and employees of the council, pre-scribe their duties and fix their compensation.

(6) The council may establish advisory and techni-cal committees the council considers necessary to aidand advise the council in the performance of councilfunctions. The committees may be continuing or tempo-rary committees. The council shall determine the repre-sentation, membership, terms and organization of thecommittees and shall appoint the committees’ members.

(7) Members of the committees are not entitled tocompensation, but at the discretion of the council maybe reimbursed, from funds available to the council, foractual and necessary travel and other expenses incurredby them in the performance of their official duties, inthe manner and amount provided in ORS 292.495.

(8) In accordance with applicable provisions of ORSchapter 183, the council may adopt rules necessary forthe administration of sections 1 to 5 of this 2011 Act.[2011 c.564 §4]

Sec. 5. (1) The Economic Recovery Review CouncilFund is established in the State Treasury, separate anddistinct from the General Fund. Interest earned by theEconomic Recovery Review Council Fund shall becredited to the fund.

(2) Moneys in the Economic Recovery ReviewCouncil Fund are continuously appropriated to theEconomic Recovery Review Council for the purpose ofadministering the provisions of sections 1 to 7 of this

2011 Act [197.722 and 197.723 and sections 1 to 5 of this2011 Act].

(3) The Economic Recovery Review Council Fundconsists of moneys:

(a) Collected by the council from the fees author-ized by section 2 (11) of this 2011 Act.

(b) Any other moneys appropriated to the council.[2011 c.564 §5]

Sec. 12. (1) On the date specified in section 13 ofthis 2011 Act:

(a) The Economic Recovery Review Council estab-lished under section 3 of this 2011 Act is abolished andthe tenure of office of the members of the council, theprogram manager for the council and all employeesceases.

(b) The Economic Recovery Review Council Fundestablished under section 5 of this 2011 Act is abolished.The Economic Recovery Review Council shall transferthe unexpended balance of moneys in the fund to theGeneral Fund.

(2) The members of the council shall allocate anddeliver to the respective state agencies whose directorsserved as members of the council all records and prop-erty within the jurisdiction of the council, and the stateagencies whose directors served on the council shalltake possession of the records and property. The Gov-ernor shall resolve any dispute relating to the allo-cation and delivery of records and property under thissection and the Governor’s decision is final.

(3) The abolishment of the council does not relievea person of a liability, duty or obligation accruing un-der or with respect to the duties, functions and powersof the council abolished by this section. The OregonDepartment of Administrative Services may undertakethe collection or enforcement of any such liability, dutyor obligation.

(4) The rights and obligations of the council legallyincurred under contracts, leases and business transac-tions executed, entered into or begun before the datespecified in section 13 of this 2011 Act are transferredto the Oregon Department of Administrative Services.For the purpose of succession to these rights and obli-gations, the department is a continuation of the counciland not a new authority.

(5) Notwithstanding the repeal of sections 1 to 5of this 2011 Act by section 13 of this 2011 Act, membersof the council may take action under this section thatare necessary to wind down the operations of thecouncil before, on or after the date of the repeal ofsections 1 to 5 of this 2011 Act. [2011 c.564 §12]

Sec. 13. Sections 1 to 5 of this 2011 Act are re-pealed on January 2 of the first even-numbered yearafter the Employment Department notifies the EconomicRecovery Review Council and the Office of the Legisla-tive Counsel that the annual average unemploymentrate for the most recent calendar year in Oregon is lessthan six percent. [2011 c.564 §13]

197.730 [1973 c.482 §6; repealed by 1977 c.665 §24]

GOAL EXCEPTIONS197.732 Goal exceptions; criteria;

rules; review. (1) As used in this section:(a) “Compatible” is not intended as an

absolute term meaning no interference oradverse impacts of any type with adjacentuses.

(b) “Exception” means a comprehensiveplan provision, including an amendment toan acknowledged comprehensive plan, that:



(A) Is applicable to specific properties orsituations and does not establish a planningor zoning policy of general applicability;

(B) Does not comply with some or allgoal requirements applicable to the subjectproperties or situations; and

(C) Complies with standards under sub-section (2) of this section.

(2) A local government may adopt an ex-ception to a goal if:

(a) The land subject to the exception isphysically developed to the extent that it isno longer available for uses allowed by theapplicable goal;

(b) The land subject to the exception isirrevocably committed as described by LandConservation and Development Commissionrule to uses not allowed by the applicablegoal because existing adjacent uses and otherrelevant factors make uses allowed by theapplicable goal impracticable; or

(c) The following standards are met:(A) Reasons justify why the state policy

embodied in the applicable goals should notapply;

(B) Areas that do not require a new ex-ception cannot reasonably accommodate theuse;

(C) The long term environmental, eco-nomic, social and energy consequences re-sulting from the use at the proposed sitewith measures designed to reduce adverseimpacts are not significantly more adversethan would typically result from the sameproposal being located in areas requiring agoal exception other than the proposed site;and

(D) The proposed uses are compatiblewith other adjacent uses or will be so ren-dered through measures designed to reduceadverse impacts.

(3) The commission shall adopt rules es-tablishing:

(a) That an exception may be adopted toallow a use authorized by a statewide plan-ning goal that cannot comply with the ap-proval standards for that type of use;

(b) Under what circumstances particularreasons may or may not be used to justify anexception under subsection (2)(c)(A) of thissection; and

(c) Which uses allowed by the applicablegoal must be found impracticable under sub-section (2) of this section.

(4) A local government approving or de-nying a proposed exception shall set forthfindings of fact and a statement of reasonsthat demonstrate that the standards of sub-section (2) of this section have or have notbeen met.

(5) Each notice of a public hearing on aproposed exception shall specifically notethat a goal exception is proposed and shallsummarize the issues in an understandablemanner.

(6) Upon review of a decision approvingor denying an exception:

(a) The Land Use Board of Appeals orthe commission shall be bound by any findingof fact for which there is substantial evi-dence in the record of the local governmentproceedings resulting in approval or denialof the exception;

(b) The board upon petition, or the com-mission, shall determine whether the localgovernment’s findings and reasons demon-strate that the standards of subsection (2) ofthis section have or have not been met; and

(c) The board or commission shall adopta clear statement of reasons that sets forththe basis for the determination that thestandards of subsection (2) of this sectionhave or have not been met.

(7) The commission shall by rule estab-lish the standards required to justify an ex-ception to the definition of “neededhousing” authorized by ORS 197.303.

(8) An exception acknowledged underORS 197.251, 197.625 or 197.630 (1) (1981 Re-placement Part) on or before August 9, 1983,continues to be valid and is not subject tothis section. [1983 c.827 §19a; 1995 c.521 §3; 2005 c.67§1; 2007 c.71 §68; 2011 c.354 §6]

197.735 [1973 c.482 §7; repealed by 1977 c.665 §24]

197.736 Commission implementationof ORS 197.340 and 197.732; rules. TheLand Conservation and Development Com-mission shall amend goals, in accordancewith ORS 197.240 and 197.245, and amendand adopt rules and guidelines, as necessary,to implement the provisions of this sectionand ORS 197.340 and 197.732. [1995 c.521 §4]

197.740 [1973 c.482 §8; repealed by 1977 c.665 §24]

MISCELLANEOUS197.747 Meaning of “compliance with

the goals” for certain purposes. For thepurposes of acknowledgment under ORS197.251, board review under ORS 197.805 to197.855, review of a proposed regionalproblem-solving agreement under ORS197.652 to 197.658 or periodic review underORS 197.628 to 197.651, “compliance with thegoals” means the comprehensive plan andregulations, on the whole, conform with thepurposes of the goals and any failure to meetindividual goal requirements is technical orminor in nature. [1983 c.827 §14; 1989 c.761 §9; 1991c.612 §18; 2009 c.873 §11]

197.750 [1973 c.482 §5; repealed by 1977 c.665 §24]



197.752 Lands available for urban de-velopment. (1) Lands within urban growthboundaries shall be available for urban de-velopment concurrent with the provision ofkey urban facilities and services in accor-dance with locally adopted developmentstandards.

(2) Notwithstanding subsection (1) of thissection, lands not needed for urban usesduring the planning period may be desig-nated for agricultural, forest or other nonur-ban uses. [1983 c.827 §19]

197.754 Land identified for urban ser-vices; capital improvement plan; tax as-sessment. (1) A local government mayidentify land inside an urban growth bound-ary for which the local government intendsto provide urban services within the nextfive to seven years. The local governmentmay evidence its intent by adopting a capitalimprovement plan reasonably designed toprovide the urban services.

(2) A local government that identifies anarea for planned urban services and adoptsa capital improvement plan may zone thearea for urban uses. A city that identifiesland that is outside the city’s boundary butinside the urban growth boundary shall co-ordinate with the appropriate county to zonethe area for urban uses.

(3)(a) Land in an area zoned for urbanuses under this section shall not be subjectto additional taxes under ORS 308A.700 to308A.733 if the land ceases to be used forfarm use within the five years following thedate the area is zoned for urban uses.

(b) A lot or parcel in an area zoned forurban use under subsection (2) of this sectionshall not be assessed at its value for farmuse under ORS 308A.050 to 308A.128 unlessthe lot or parcel was receiving the farm useassessment at the time the area was zonedfor urban uses. [1999 c.503 §3; 2001 c.104 §68]

197.755 [1973 c.482 §9; repealed by 1977 c.665 §24]

197.756 Farm use assessment in areaidentified for urban services. (1) Upon thesale of a lot or parcel located inside an urbangrowth boundary that is assessed at its valuefor farm use under ORS 308A.050 to308A.128, the lot or parcel shall be disquali-fied for farm use assessment if:

(a) The lot or parcel is in an area identi-fied for urban services under ORS 197.754;and

(b) The urban services are available byordinance for urbanization.

(2) Disqualification under subsection (1)of this section shall not apply to the sale ofa lot or parcel to the owner’s spouse, parent,stepparent, grandparent, sister, brother,daughter, son, stepchild or grandchild, or

sale to a lessee of the owner if the lessee isconducting farm use as defined in ORS215.203 on the lot or parcel at the time ofsale. [1999 c.503 §6; 2001 c.104 §69]

197.757 Acknowledgment deadline fornewly incorporated cities. Cities incorpo-rated after January 1, 1982, shall have theircomprehensive plans and land use regu-lations acknowledged under ORS 197.251 nolater than four years after the date of incor-poration. [1983 c.827 §13]

197.760 [1973 c.482 §9a; repealed by 1977 c.665 §24]197.762 [1987 c.729 §15; repealed by 1989 c.761 §10

(197.763 enacted in lieu of 197.762)]

197.763 Conduct of local quasi-judicialland use hearings; notice requirements;hearing procedures. The following proce-dures shall govern the conduct of quasi-judicial land use hearings conducted beforea local governing body, planning commission,hearings body or hearings officer on applica-tion for a land use decision and shall be in-corporated into the comprehensive plan andland use regulations:

(1) An issue which may be the basis foran appeal to the Land Use Board of Appealsshall be raised not later than the close of therecord at or following the final evidentiaryhearing on the proposal before the local gov-ernment. Such issues shall be raised and ac-companied by statements or evidencesufficient to afford the governing body, plan-ning commission, hearings body or hearingsofficer, and the parties an adequate opportu-nity to respond to each issue.

(2)(a) Notice of the hearings governed bythis section shall be provided to the appli-cant and to owners of record of property onthe most recent property tax assessment rollwhere such property is located:

(A) Within 100 feet of the property whichis the subject of the notice where the subjectproperty is wholly or in part within an urbangrowth boundary;

(B) Within 250 feet of the property whichis the subject of the notice where the subjectproperty is outside an urban growth bound-ary and not within a farm or forest zone; or

(C) Within 500 feet of the property whichis the subject of the notice where the subjectproperty is within a farm or forest zone.

(b) Notice shall also be provided to anyneighborhood or community organization re-cognized by the governing body and whoseboundaries include the site.

(c) At the discretion of the applicant, thelocal government also shall provide notice tothe Department of Land Conservation andDevelopment.

(3) The notice provided by the jurisdic-tion shall:



(a) Explain the nature of the applicationand the proposed use or uses which could beauthorized;

(b) List the applicable criteria from theordinance and the plan that apply to the ap-plication at issue;

(c) Set forth the street address or othereasily understood geographical reference tothe subject property;

(d) State the date, time and location ofthe hearing;

(e) State that failure of an issue to beraised in a hearing, in person or by letter,or failure to provide statements or evidencesufficient to afford the decision maker anopportunity to respond to the issue precludesappeal to the board based on that issue;

(f) Be mailed at least:(A) Twenty days before the evidentiary

hearing; or(B) If two or more evidentiary hearings

are allowed, 10 days before the first eviden-tiary hearing;

(g) Include the name of a local govern-ment representative to contact and the tele-phone number where additional informationmay be obtained;

(h) State that a copy of the application,all documents and evidence submitted by oron behalf of the applicant and applicable cri-teria are available for inspection at no costand will be provided at reasonable cost;

(i) State that a copy of the staff reportwill be available for inspection at no cost atleast seven days prior to the hearing and willbe provided at reasonable cost; and

(j) Include a general explanation of therequirements for submission of testimony andthe procedure for conduct of hearings.

(4)(a) All documents or evidence reliedupon by the applicant shall be submitted tothe local government and be made availableto the public.

(b) Any staff report used at the hearingshall be available at least seven days priorto the hearing. If additional documents orevidence are provided by any party, the localgovernment may allow a continuance orleave the record open to allow the parties areasonable opportunity to respond. Any con-tinuance or extension of the record requestedby an applicant shall result in a correspond-ing extension of the time limitations of ORS215.427 or 227.178 and ORS 215.429 or227.179.

(5) At the commencement of a hearingunder a comprehensive plan or land use reg-ulation, a statement shall be made to thosein attendance that:

(a) Lists the applicable substantive crite-ria;

(b) States that testimony, arguments andevidence must be directed toward the criteriadescribed in paragraph (a) of this subsectionor other criteria in the plan or land use reg-ulation which the person believes to apply tothe decision; and

(c) States that failure to raise an issueaccompanied by statements or evidence suffi-cient to afford the decision maker and theparties an opportunity to respond to the is-sue precludes appeal to the board based onthat issue.

(6)(a) Prior to the conclusion of the ini-tial evidentiary hearing, any participant mayrequest an opportunity to present additionalevidence, arguments or testimony regardingthe application. The local hearings authorityshall grant such request by continuing thepublic hearing pursuant to paragraph (b) ofthis subsection or leaving the record open foradditional written evidence, arguments ortestimony pursuant to paragraph (c) of thissubsection.

(b) If the hearings authority grants acontinuance, the hearing shall be continuedto a date, time and place certain at leastseven days from the date of the initial ev-identiary hearing. An opportunity shall beprovided at the continued hearing for per-sons to present and rebut new evidence, ar-guments or testimony. If new writtenevidence is submitted at the continued hear-ing, any person may request, prior to theconclusion of the continued hearing, that therecord be left open for at least seven days tosubmit additional written evidence, argu-ments or testimony for the purpose of re-sponding to the new written evidence.

(c) If the hearings authority leaves therecord open for additional written evidence,arguments or testimony, the record shall beleft open for at least seven days. Any partic-ipant may file a written request with the lo-cal government for an opportunity to respondto new evidence submitted during the periodthe record was left open. If such a request isfiled, the hearings authority shall reopen therecord pursuant to subsection (7) of this sec-tion.

(d) A continuance or extension grantedpursuant to this section shall be subject tothe limitations of ORS 215.427 or 227.178 andORS 215.429 or 227.179, unless the contin-uance or extension is requested or agreed toby the applicant.

(e) Unless waived by the applicant, thelocal government shall allow the applicantat least seven days after the record is closedto all other parties to submit final writtenarguments in support of the application. The



applicant’s final submittal shall be consid-ered part of the record, but shall not includeany new evidence. This seven-day periodshall not be subject to the limitations of ORS215.427 or 227.178 and ORS 215.429 or227.179.

(7) When a local governing body, plan-ning commission, hearings body or hearingsofficer reopens a record to admit new evi-dence, arguments or testimony, any personmay raise new issues which relate to thenew evidence, arguments, testimony or crite-ria for decision-making which apply to thematter at issue.

(8) The failure of the property owner toreceive notice as provided in this sectionshall not invalidate such proceedings if thelocal government can demonstrate by affida-vit that such notice was given. The noticeprovisions of this section shall not restrictthe giving of notice by other means, includ-ing posting, newspaper publication, radio andtelevision.

(9) For purposes of this section:(a) “Argument” means assertions and

analysis regarding the satisfaction or vio-lation of legal standards or policy believedrelevant by the proponent to a decision.“Argument” does not include facts.

(b) “Evidence” means facts, documents,data or other information offered to demon-strate compliance or noncompliance with thestandards believed by the proponent to berelevant to the decision. [1989 c.761 §10a (enactedin lieu of 197.762); 1991 c.817 §31; 1995 c.595 §2; 1997 c.763§6; 1997 c.844 §2; 1999 c.533 §12]

197.764 Application to remove prop-erty from within urban growth boundary;conditions. (1) A local government may ap-prove an application to remove a lot or par-cel from within an urban growth boundary if:

(a) The application is submitted by theowner of the lot or parcel;

(b)(A) The lot or parcel is adjacent to theedge of the urban growth boundary; or

(B) The lot or parcel is adjacent to an-other lot or parcel that is removed under thissection;

(c) The lot or parcel is assessed underORS 308A.050 to 308A.128 for its value forfarm use;

(d) The lot or parcel is not within theboundaries of a city; and

(e) The lot or parcel is not included inan area identified for urban services underORS 197.754.

(2) A local government, in decidingwhether to approve an application undersubsection (1) of this section, shall consider:

(a) The projected costs and other conse-quences of extending urban services to theaffected lot or parcel;

(b) The potential value in the investmentof providing urban services to the affectedlot or parcel;

(c) Any requirement for expanding theurban growth boundary in other areas tocompensate for any loss in buildable lands;and

(d) The projected costs and other conse-quences of providing urban services to otherareas brought in under an expanded urbangrowth boundary.

(3)(a) Land that is removed from withinan urban growth boundary pursuant to anapplication approved under this section shallbe removed from any inventory of buildablelands maintained by the local government.

(b) A local government that approves anapplication under this section shall eitherexpand the urban growth boundary to com-pensate for any resulting reduction in avail-able buildable lands or increase thedevelopment capacity of the remaining sup-ply of buildable lands. [1999 c.503 §1; 2001 c.104§70]

197.765 [1973 c.482 §2a; repealed by 1977 c.665 §24]

197.766 Laws applicable to certain lo-cal decisions regarding urban growthboundary. (1) A decision of a local govern-ment to expand an urban growth boundaryshall comply with the provisions of ORS197.296.

(2) A decision of a local government un-der ORS 197.764 (1) is a land use decision.[1999 c.503 §2]

197.767 [1987 c.729 §4; repealed by 1989 c.837 §34]

197.768 Local government or specialdistrict adoption of public facilities strat-egy; public hearing; written findings. (1)As used in this section, “special district” hasthe meaning given that term in ORS 197.505.

(2)(a) A local government or special dis-trict may adopt a public facilities strategy ifthe public facilities strategy:

(A)(i) Is acknowledged under ORS197.251; or

(ii) Is approved by the Land Conservationand Development Commission under ORS197.628 to 197.651; and

(B) Meets the requirements of this sec-tion.

(b) If a special district seeks to imple-ment a public facilities strategy, that specialdistrict is considered a local government forthe purposes of ORS 197.251 and 197.628 to197.651.



(3) A local government or special districtmay adopt a public facilities strategy only ifthe local government or special district:

(a) Makes written findings justifying theneed for the public facilities strategy;

(b) Holds a public hearing on the adop-tion of a public facilities strategy and thefindings that support the adoption of thepublic facilities strategy; and

(c) Provides written notice to the De-partment of Land Conservation and Develop-ment at least 45 days prior to the final publichearing that is held to consider the adoptionof the public facilities strategy.

(4) At a minimum, the findings undersubsection (3) of this section must demon-strate that:

(a) There is a rapid increase in the rateor intensity of land development in a specificgeographic area that was unanticipated atthe time the original planning for that areawas adopted or there has been a natural dis-aster or other catastrophic event in a spe-cific geographic area;

(b) The total land development expectedwithin the specific geographic area will ex-ceed the planned or existing capacity of pub-lic facilities; and

(c) The public facilities strategy is struc-tured to ensure that the necessary supply ofhousing and commercial and industrial facil-ities that will be impacted within the rele-vant geographic area is not unreasonablyrestricted by the adoption of the public facil-ities strategy.

(5) A public facilities strategy shall in-clude a clear, objective and detailed de-scription of actions and practices a localgovernment or special district may engage into control the time and sequence of develop-ment approvals in response to the identifieddeficiencies in public facilities.

(6) A public facilities strategy shall beeffective for no more than 24 months afterthe date on which it is adopted, but may beextended, subject to subsection (7) of thissection, provided the local government orspecial district adopting the public facilitiesstrategy holds a public hearing on the pro-posed extension and adopts written findingsthat:

(a) Verify that the problem giving rise tothe need for a public facilities strategy stillexists;

(b) Demonstrate that reasonable progressis being made to alleviate the problem givingrise to the need for a public facilities strat-egy; and

(c) Set a specific duration for the exten-sion of the public facilities strategy.

(7)(a) A local government or special dis-trict considering an extension of a public fa-cilities strategy shall give the departmentnotice at least 14 days prior to the date ofthe public hearing on the extension.

(b) A single extension may not exceedone year, and a public facilities strategy maynot be extended more than three times. [1995c.463 §5; 2001 c.557 §1]

197.770 Firearms training facilities. (1)Any firearms training facility in existence onSeptember 9, 1995, shall be allowed to con-tinue operating until such time as the facil-ity is no longer used as a firearms trainingfacility.

(2) For purposes of this section, a “fire-arms training facility” is an indoor or out-door facility that provides training coursesand issues certifications required:

(a) For law enforcement personnel;(b) By the State Department of Fish and

Wildlife; or(c) By nationally recognized programs

that promote shooting matches, target shoot-ing and safety. [1995 c.475 §2]

197.772 Consent for designation ashistoric property. (1) Notwithstanding anyother provision of law, a local governmentshall allow a property owner to refuse toconsent to any form of historic property des-ignation at any point during the designationprocess. Such refusal to consent shall removethe property from any form of considerationfor historic property designation under ORS358.480 to 358.545 or other law except forconsideration or nomination to the NationalRegister of Historic Places pursuant to theNational Historic Preservation Act of 1966,as amended (16 U.S.C. 470 et seq.).

(2) No permit for the demolition or mod-ification of property removed from consider-ation for historic property designation undersubsection (1) of this section shall be issuedduring the 120-day period following the dateof the property owner’s refusal to consent.

(3) A local government shall allow aproperty owner to remove from the propertya historic property designation that was im-posed on the property by the local govern-ment. [1995 c.693 §21; 2001 c.540 §19]

197.775 [1973 c.482 §11; repealed by 1977 c.665 §24]197.780 [1973 c.482 §12; repealed by 1977 c.665 §24]197.785 [1973 c.482 §13; repealed by 1977 c.665 §24]197.790 [1973 c.482 §14; repealed by 1977 c.665 §24]

197.794 Notice to railroad companyupon certain applications for land usedecision, limited land use decision or ex-pedited land use decision. (1) As used inthis section, “railroad company” has themeaning given that term in ORS 824.200.



(2) If a railroad-highway crossing pro-vides or will provide the only access to landthat is the subject of an application for aland use decision, a limited land use decisionor an expedited land division, the applicantmust indicate that fact in the applicationsubmitted to the decision maker.

(3) The decision maker shall provide no-tice to the Department of Transportation andthe railroad company whenever the decisionmaker receives the information describedunder subsection (2) of this section. [2003 c.145§2]

197.795 [1973 c.482 §10; repealed by 1977 c.665 §24]

197.796 Applicant for certain land usedecisions may accept and appeal condi-tion imposed on application; procedure;attorney fees. (1) An applicant for a landuse decision, limited land use decision or ex-pedited land division or for a permit underORS 215.427 or 227.178 may accept a condi-tion of approval imposed under ORS 215.416or 227.175 and file a challenge to the condi-tion under this section. Acceptance by anapplicant for a land use decision, limitedland use decision, expedited land division orpermit under ORS 215.427 or 227.178 of acondition of approval imposed under ORS215.416 or 227.175 does not constitute awaiver of the right to challenge the condi-tion of approval. Acceptance of a conditionmay include but is not limited to paying afee, performing an act or providing satisfac-tory evidence of arrangements to pay the feeor to ensure compliance with the condition.

(2) Any action for damages under thissection shall be filed in the circuit court ofthe county in which the application wassubmitted within 180 days of the date of thedecision.

(3)(a) A challenge filed pursuant to thissection may not be dismissed on the basisthat the applicant did not request a varianceto the condition of approval or any otheravailable form of reconsideration of thechallenged condition. However, an applicantshall comply with ORS 197.763 (1) prior toappealing to the Land Use Board of Appealsor bringing an action for damages in circuitcourt and must exhaust all local appealsprovided in the local comprehensive plan andland use regulations before proceeding underthis section.

(b) In addition to the requirements ofORS 197.763 (5), at the commencement of theinitial public hearing, a statement shall bemade to the applicant that the failure of theapplicant to raise constitutional or other is-sues relating to proposed conditions of ap-proval with sufficient specificity to allow thelocal government or its designee to respondto the issue precludes an action for damagesin circuit court.

(c) An applicant is not required to raisean issue under this subsection unless thecondition of approval is stated with sufficientspecificity to enable the applicant to respondto the condition prior to the close of thefinal local hearing.

(4) In any challenge to a condition of ap-proval that is subject to the Takings Clauseof the Fifth Amendment to the United StatesConstitution, the local government shallhave the burden of demonstrating compliancewith the constitutional requirements for im-posing the condition.

(5) In a proceeding in circuit court underthis section, the court shall award costs andreasonable attorney fees to a prevailingparty. Notwithstanding ORS 197.830 (15), ina proceeding before the Land Use Board ofAppeals under this section, the board shallaward costs and reasonable attorney fees toa prevailing party.

(6) This section applies to appeals by theapplicant of a condition of approval andclaims filed in state court seeking damagesfor the unlawful imposition of conditions ofapproval in a land use decision, limited landuse decision, expedited land division or per-mit under ORS 215.427 or 227.178. [1999 c.1014§5]

LAND USE BOARD OF APPEALS197.805 Policy on review of land use

decisions. It is the policy of the LegislativeAssembly that time is of the essence inreaching final decisions in matters involvingland use and that those decisions be madeconsistently with sound principles governingjudicial review. It is the intent of the Legis-lative Assembly in enacting ORS 197.805 to197.855 to accomplish these objectives. [1979c.772 §1a; 1983 c.827 §28]

197.810 Land Use Board of Appeals;appointment and removal of members;qualifications. (1) There is hereby created aLand Use Board of Appeals consisting of notmore than three positions. Board membersshall be appointed by the Governor subjectto confirmation by the Senate in the mannerprovided in ORS 171.562 and 171.565. Theboard shall consist of a board chairpersonchosen by the board members and such otherboard members as the Governor considersnecessary. The members of the board shallserve terms of four years. A member is eligi-ble for reappointment. The salaries of themembers shall be fixed by the Governor un-less otherwise provided for by law. The sal-ary of a member of the board shall not bereduced during the period of service of themember.

(2) The Governor may at any time re-move any member of the board for ineffi-



ciency, incompetence, neglect of duty,malfeasance in office or unfitness to rendereffective service. Before such removal theGovernor shall give the member a copy ofthe charges against the member and shall fixthe time when the member can be heard indefense against the charges, which shall notbe less than 10 days thereafter. The hearingshall be open to the public and shall be con-ducted in the same manner as a contestedcase under ORS chapter 183. The decision ofthe Governor to remove a member of theboard shall be subject to judicial review inthe same manner as provided for review ofcontested cases under ORS 183.480 to183.540.

(3) Board members appointed under sub-section (1) of this section shall be membersin good standing of the Oregon State Bar.[1979 c.772 §2; 1983 c.827 §28a; 1997 c.436 §1; 1999 c.257§1]

197.815 Office location; proceedingsmay be conducted by telephone. (1) Theprincipal office of the Land Use Board ofAppeals shall be in the state capital, but theboard may hold hearings in any county orcity in order to provide reasonable opportu-nities to parties to appear before the boardwith as little inconvenience and expense asis practicable. Upon request of the board, thecounty or city governing body shall providethe board with suitable rooms for hearingsheld in that city or county.

(2) For the convenience of one or moreof the parties, the board may hold hearingsby telephone. [1983 c.827 §29; 1999 c.257 §2]

197.820 Duty to conduct review pro-ceedings; authority to issue orders; rules.(1) The Land Use Board of Appeals shallconduct review proceedings upon petitionsfiled in the manner prescribed in ORS197.830.

(2) In conducting review proceedings themembers of the board may sit together orseparately as the board chairperson shall de-cide.

(3) The board chairperson shall apportionthe business of the board among the mem-bers of the board. Each member shall havethe power to hear and issue orders on pe-titions filed with the board and on all issuesarising under those petitions.

(4) The board shall adopt rules governing:(a) The conduct of review proceedings

brought before it under ORS 197.830 to197.845.

(b) The transfer of a matter to the boardby the Director of the Department of LandConservation and Development under ORS197.825 (2)(c). [1979 c.772 §2a; 1983 c.827 §28b; 1997c.436 §2; 1999 c.257 §3; 2005 c.245 §2; 2005 c.829 §11]

197.825 Jurisdiction of board; limita-tions; effect on circuit court jurisdiction.(1) Except as provided in ORS 197.320 andsubsections (2) and (3) of this section, theLand Use Board of Appeals shall have ex-clusive jurisdiction to review any land usedecision or limited land use decision of a lo-cal government, special district or a stateagency in the manner provided in ORS197.830 to 197.845.

(2) The jurisdiction of the board:(a) Is limited to those cases in which the

petitioner has exhausted all remedies avail-able by right before petitioning the board forreview;

(b) Is subject to the provisions of ORS197.850 relating to judicial review by theCourt of Appeals;

(c) Does not include a local governmentdecision that is:

(A) Submitted to the Department of LandConservation and Development for acknowl-edgment under ORS 197.251, 197.626 or197.628 to 197.651 or a matter arising out ofa local government decision submitted to thedepartment for acknowledgment, unless theDirector of the Department of Land Conser-vation and Development, in the director’ssole discretion, transfers the matter to theboard; or

(B) Subject to the review authority of thedepartment under ORS 197.430, 197.445,197.450 or 197.455 or a matter related to alocal government decision subject to the re-view authority of the department under ORS197.430, 197.445, 197.450 or 197.455;

(d) Does not include those land use deci-sions of a state agency over which the Courtof Appeals has jurisdiction for initial judicialreview under ORS 183.400, 183.482 or otherstatutory provisions;

(e) Does not include any rules, programs,decisions, determinations or activities car-ried out under ORS 527.610 to 527.770,527.990 (1) and 527.992;

(f) Is subject to ORS 196.115 for anycounty land use decision that may be re-viewed by the Columbia River Gorge Com-mission pursuant to sections 10(c) or 15(a)(2)of the Columbia River Gorge National ScenicArea Act, P.L. 99-663; and

(g) Does not include review of expeditedland divisions under ORS 197.360.

(3) Notwithstanding subsection (1) of thissection, the circuit courts of this state retainjurisdiction:

(a) To grant declaratory, injunctive ormandatory relief in proceedings arising fromdecisions described in ORS 197.015 (10)(b) orproceedings brought to enforce the pro-



visions of an adopted comprehensive plan orland use regulations; and

(b) To enforce orders of the board in ap-propriate proceedings brought by the boardor a party to the board proceeding resultingin the order. [1983 c.827 §30; 1987 c.729 §14; 1987 c.856§9; 1987 c.919 §4; 1989 c.761 §11; 1991 c.817 §4; 1995 c.595§26; 1999 c.348 §16; 2005 c.22 §146; 2005 c.245 §1; 2005c.829 §10; 2007 c.354 §30]

197.828 Board review of limited landuse decision. (1) The Land Use Board ofAppeals shall either reverse, remand or af-firm a limited land use decision on review.

(2) The board shall reverse or remand alimited land use decision if:

(a) The decision is not supported by sub-stantial evidence in the record. The existenceof evidence in the record supporting a differ-ent decision shall not be grounds for reversalor remand if there is evidence in the recordto support the final decision;

(b) The decision does not comply withapplicable provisions of the land use regu-lations;

(c) The decision is:(A) Outside the scope of authority of the

decision maker; or(B) Unconstitutional; or(d) The local government committed a

procedural error which prejudiced the sub-stantial rights of the petitioner. [1991 c.817 §2]

197.829 Board to affirm certain localgovernment interpretations. (1) The LandUse Board of Appeals shall affirm a localgovernment’s interpretation of its compre-hensive plan and land use regulations, unlessthe board determines that the localgovernment’s interpretation:

(a) Is inconsistent with the express lan-guage of the comprehensive plan or land useregulation;

(b) Is inconsistent with the purpose forthe comprehensive plan or land use regu-lation;

(c) Is inconsistent with the underlyingpolicy that provides the basis for the com-prehensive plan or land use regulation; or

(d) Is contrary to a state statute, land usegoal or rule that the comprehensive planprovision or land use regulation implements.

(2) If a local government fails to interpreta provision of its comprehensive plan or landuse regulations, or if such interpretation isinadequate for review, the board may makeits own determination of whether the localgovernment decision is correct. [1993 c.792 §43;1995 c.595 §4]

197.830 Review procedures; standing;fees; deadlines; rules; issues subject toreview; attorney fees and costs; publica-tion of orders; mediation; tracking of re-views. (1) Review of land use decisions orlimited land use decisions under ORS 197.830to 197.845 shall be commenced by filing anotice of intent to appeal with the Land UseBoard of Appeals.

(2) Except as provided in ORS 197.620, aperson may petition the board for review ofa land use decision or limited land use deci-sion if the person:

(a) Filed a notice of intent to appeal thedecision as provided in subsection (1) of thissection; and

(b) Appeared before the local govern-ment, special district or state agency orallyor in writing.

(3) If a local government makes a landuse decision without providing a hearing,except as provided under ORS 215.416 (11) or227.175 (10), or the local government makesa land use decision that is different from theproposal described in the notice of hearingto such a degree that the notice of the pro-posed action did not reasonably describe thelocal government’s final actions, a personadversely affected by the decision may appealthe decision to the board under this section:

(a) Within 21 days of actual notice wherenotice is required; or

(b) Within 21 days of the date a personknew or should have known of the decisionwhere no notice is required.

(4) If a local government makes a landuse decision without a hearing pursuant toORS 215.416 (11) or 227.175 (10):

(a) A person who was not provided noticeof the decision as required under ORS215.416 (11)(c) or 227.175 (10)(c) may appealthe decision to the board under this sectionwithin 21 days of receiving actual notice ofthe decision.

(b) A person who is not entitled to noticeunder ORS 215.416 (11)(c) or 227.175 (10)(c)but who is adversely affected or aggrieved bythe decision may appeal the decision to theboard under this section within 21 days afterthe expiration of the period for filing a localappeal of the decision established by the lo-cal government under ORS 215.416 (11)(a) or227.175 (10)(a).

(c) A person who receives notice of a de-cision made without a hearing under ORS215.416 (11) or 227.175 (10) may appeal thedecision to the board under this sectionwithin 21 days of receiving actual notice ofthe nature of the decision, if the notice ofthe decision did not reasonably describe thenature of the decision.



(d) Except as provided in paragraph (c)of this subsection, a person who receives no-tice of a decision made without a hearingunder ORS 215.416 (11) or 227.175 (10) maynot appeal the decision to the board underthis section.

(5) If a local government makes a limitedland use decision which is different from theproposal described in the notice to such adegree that the notice of the proposed actiondid not reasonably describe the localgovernment’s final actions, a person ad-versely affected by the decision may appealthe decision to the board under this section:

(a) Within 21 days of actual notice wherenotice is required; or

(b) Within 21 days of the date a personknew or should have known of the decisionwhere no notice is required.

(6) The appeal periods described in sub-sections (3), (4) and (5) of this section:

(a) May not exceed three years after thedate of the decision, except as provided inparagraph (b) of this subsection.

(b) May not exceed 10 years after thedate of the decision if notice of a hearing oran administrative decision made pursuant toORS 197.195 or 197.763 is required but hasnot been provided.

(7)(a) Within 21 days after a notice of in-tent to appeal has been filed with the boardunder subsection (1) of this section, any per-son described in paragraph (b) of this sub-section may intervene in and be made aparty to the review proceeding by filing amotion to intervene and by paying a filingfee of $100.

(b) Persons who may intervene in and bemade a party to the review proceedings, asset forth in subsection (1) of this section, are:

(A) The applicant who initiated the ac-tion before the local government, special dis-trict or state agency; or

(B) Persons who appeared before the lo-cal government, special district or stateagency, orally or in writing.

(c) Failure to comply with the deadlineor to pay the filing fee set forth in paragraph(a) of this subsection shall result in denialof a motion to intervene.

(8) If a state agency whose order, rule,ruling, policy or other action is at issue isnot a party to the proceeding, it may file abrief with the board as if it were a party.The brief shall be due on the same date therespondent’s brief is due and shall be accom-panied by a filing fee of $100.

(9) A notice of intent to appeal a land usedecision or limited land use decision shall be

filed not later than 21 days after the date thedecision sought to be reviewed becomes final.A notice of intent to appeal plan and landuse regulation amendments processed pursu-ant to ORS 197.610 to 197.625 shall be filednot later than 21 days after notice of the de-cision sought to be reviewed is mailed orotherwise submitted to parties entitled tonotice under ORS 197.615. Failure to includea statement identifying when, how and towhom notice was provided under ORS197.615 does not render the notice defective.Copies of the notice of intent to appeal shallbe served upon the local government, specialdistrict or state agency and the applicant ofrecord, if any, in the local government, spe-cial district or state agency proceeding. Thenotice shall be served and filed in the formand manner prescribed by rule of the boardand shall be accompanied by a filing fee of$200 and a deposit for costs to be establishedby the board. If a petition for review is notfiled with the board as required in subsec-tions (10) and (11) of this section, the filingfee and deposit shall be awarded to the localgovernment, special district or state agencyas cost of preparation of the record.

(10)(a) Within 21 days after service of thenotice of intent to appeal, the local govern-ment, special district or state agency shalltransmit to the board the original or a certi-fied copy of the entire record of the proceed-ing under review. By stipulation of allparties to the review proceeding the recordmay be shortened. The board may require orpermit subsequent corrections to the record;however, the board shall issue an order on amotion objecting to the record within 60 daysof receiving the motion.

(b) Within 10 days after service of a no-tice of intent to appeal, the board shall pro-vide notice to the petitioner and therespondent of their option to enter into me-diation pursuant to ORS 197.860. Any personmoving to intervene shall be provided suchnotice within seven days after a motion tointervene is filed. The notice required by thisparagraph shall be accompanied by a state-ment that mediation information or assist-ance may be obtained from the Departmentof Land Conservation and Development.

(11) A petition for review of the land usedecision or limited land use decision andsupporting brief shall be filed with the boardas required by the board under subsection(13) of this section.

(12) The petition shall include a copy ofthe decision sought to be reviewed and shallstate:

(a) The facts that establish that the peti-tioner has standing.

(b) The date of the decision.



(c) The issues the petitioner seeks tohave reviewed.

(13)(a) The board shall adopt rules estab-lishing deadlines for filing petitions andbriefs and for oral argument.

(b) At any time subsequent to the filingof a notice of intent and prior to the date setfor filing the record, or, on appeal of a deci-sion under ORS 197.610 to 197.625, prior tothe filing of the respondent’s brief, the localgovernment or state agency may withdrawits decision for purposes of reconsideration.If a local government or state agency with-draws an order for purposes of reconsider-ation, it shall, within such time as the boardmay allow, affirm, modify or reverse its deci-sion. If the petitioner is dissatisfied with thelocal government or agency action afterwithdrawal for purposes of reconsideration,the petitioner may refile the notice of intentand the review shall proceed upon the re-vised order. An amended notice of intentshall not be required if the local governmentor state agency, on reconsideration, affirmsthe order or modifies the order with onlyminor changes.

(14) The board shall issue a final orderwithin 77 days after the date of transmittalof the record. If the order is not issuedwithin 77 days the applicant may apply inMarion County or the circuit court of thecounty where the application was filed for awrit of mandamus to compel the board to is-sue a final order.

(15)(a) Upon entry of its final order theboard may, in its discretion, award costs tothe prevailing party including the cost ofpreparation of the record if the prevailingparty is the local government, special districtor state agency whose decision is under re-view. The board shall apply the deposit re-quired by subsection (9) of this section to anycosts charged against the petitioner.

(b) The board shall also award reasonableattorney fees and expenses to the prevailingparty against any other party who the boardfinds presented a position without probablecause to believe the position was well-founded in law or on factually supported in-formation.

(16) Orders issued under this section maybe enforced in appropriate judicial pro-ceedings.

(17)(a) The board shall provide for thepublication of its orders that are of generalpublic interest in the form it deems bestadapted for public convenience. The publica-tions shall constitute the official reports ofthe board.

(b) Any moneys collected or receivedfrom sales by the board shall be paid into the

Board Publications Account established byORS 197.832.

(18) Except for any sums collected forpublication of board opinions, all fees col-lected by the board under this section thatare not awarded as costs shall be paid overto the State Treasurer to be credited to theGeneral Fund.

(19) The board shall track and report onits website:

(a) The number of reviews commenced,as described in subsection (1) of this section,the number of reviews commenced for whicha petition is filed under subsection (2) of thissection and, in relation to each of thosenumbers, the rate at which the reviews re-sult in a decision of the board to uphold, re-verse or remand the land use decision orlimited land use decision. The board shalltrack and report reviews under this para-graph in categories established by the board.

(b) A list of petitioners, the number ofreviews commenced and the rate at whichthe petitioner’s reviews have resulted in de-cisions of the board to uphold, reverse or re-mand the land use decision or limited landuse decision.

(c) A list of respondents, the number ofreviews involving each respondent and therate at which reviews involving the respond-ent have resulted in decisions of the boardto uphold, reverse or remand the land usedecision or limited land use decision. Addi-tionally, when a respondent is the local gov-ernment that made the land use decision orlimited land use decision, the board shalltrack whether the local government appearsbefore the board.

(d) A list of reviews, and a brief summaryof the circumstances in each review, underwhich the board exercises its discretion torequire a losing party to pay the attorneyfees of the prevailing party. [1983 c.827 §31; 1985c.119 §3; 1987 c.278 §1; 1987 c.729 §16; 1989 c.761 §12; 1991c.817 §7; 1993 c.143 §1; 1993 c.310 §1; 1995 c.160 §1; 1995c.595 §3; 1997 c.187 §1; 1997 c.452 §1; 1999 c.255 §2; 1999c.348 §17; 1999 c.621 §3; 2003 c.791 §28; 2003 c.793 §6; 2009c.885 §38; 2011 c.280 §9; 2011 c.483 §1; 2013 c.513 §1]

197.831 Appellate review of clear andobjective approval standards, conditionsand procedures for needed housing. In aproceeding before the Land Use Board ofAppeals or an appellate court that involvesan ordinance required to contain clear andobjective approval standards, conditions andprocedures for needed housing, the localgovernment imposing the provisions of theordinance shall demonstrate that the ap-proval standards, conditions and proceduresare capable of being imposed only in a clearand objective manner. [1999 c.357 §5; 2011 c.354§7]



197.832 Board Publications Account.The Board Publications Account is estab-lished in the General Fund. All moneys inthe account are appropriated continuously tothe Land Use Board of Appeals to be usedfor paying expenses incurred by the boardunder ORS 197.830 (17). Disbursements ofmoneys from the account shall be approvedby a member of the board. [1985 c.119 §5; 1989c.761 §24; 1995 c.595 §17; 1997 c.436 §3; 1999 c.257 §4; 1999c.621 §6]

197.835 Scope of review; rules. (1) TheLand Use Board of Appeals shall review theland use decision or limited land use decisionand prepare a final order affirming, reversingor remanding the land use decision or limitedland use decision. The board shall adoptrules defining the circumstances in which itwill reverse rather than remand a land usedecision or limited land use decision that isnot affirmed.

(2)(a) Review of a decision under ORS197.830 to 197.845 shall be confined to therecord.

(b) In the case of disputed allegations ofstanding, unconstitutionality of the decision,ex parte contacts, actions described in sub-section (10)(a)(B) of this section or otherprocedural irregularities not shown in therecord that, if proved, would warrant re-versal or remand, the board may take evi-dence and make findings of fact on thoseallegations. The board shall be bound by anyfinding of fact of the local government, spe-cial district or state agency for which thereis substantial evidence in the whole record.

(3) Issues shall be limited to those raisedby any participant before the local hearingsbody as provided by ORS 197.195 or 197.763,whichever is applicable.

(4) A petitioner may raise new issues tothe board if:

(a) The local government failed to list theapplicable criteria for a decision under ORS197.195 (3)(c) or 197.763 (3)(b), in which casea petitioner may raise new issues based uponapplicable criteria that were omitted fromthe notice. However, the board may refuse toallow new issues to be raised if it finds thatthe issue could have been raised before thelocal government; or

(b) The local government made a land usedecision or limited land use decision whichis different from the proposal described inthe notice to such a degree that the noticeof the proposed action did not reasonablydescribe the local government’s final action.

(5) The board shall reverse or remand aland use decision not subject to an acknowl-edged comprehensive plan and land use reg-ulations if the decision does not comply withthe goals. The board shall reverse or remand

a land use decision or limited land use deci-sion subject to an acknowledged comprehen-sive plan or land use regulation if thedecision does not comply with the goals andthe Land Conservation and DevelopmentCommission has issued an order under ORS197.320 or adopted a new or amended goalunder ORS 197.245 requiring the local gov-ernment to apply the goals to the type of de-cision being challenged.

(6) The board shall reverse or remand anamendment to a comprehensive plan if theamendment is not in compliance with thegoals.

(7) The board shall reverse or remand anamendment to a land use regulation or theadoption of a new land use regulation if:

(a) The regulation is not in compliancewith the comprehensive plan; or

(b) The comprehensive plan does notcontain specific policies or other provisionswhich provide the basis for the regulation,and the regulation is not in compliance withthe statewide planning goals.

(8) The board shall reverse or remand adecision involving the application of a planor land use regulation provision if the deci-sion is not in compliance with applicableprovisions of the comprehensive plan or landuse regulations.

(9) In addition to the review under sub-sections (1) to (8) of this section, the boardshall reverse or remand the land use decisionunder review if the board finds:

(a) The local government or special dis-trict:

(A) Exceeded its jurisdiction;(B) Failed to follow the procedures appli-

cable to the matter before it in a mannerthat prejudiced the substantial rights of thepetitioner;

(C) Made a decision not supported bysubstantial evidence in the whole record;

(D) Improperly construed the applicablelaw; or

(E) Made an unconstitutional decision;or

(b) The state agency made a decision thatviolated the goals.

(10)(a) The board shall reverse a localgovernment decision and order the localgovernment to grant approval of an applica-tion for development denied by the localgovernment if the board finds:

(A) Based on the evidence in the record,that the local government decision is outsidethe range of discretion allowed the localgovernment under its comprehensive planand implementing ordinances; or



(B) That the local government’s actionwas for the purpose of avoiding the require-ments of ORS 215.427 or 227.178.

(b) If the board does reverse the decisionand orders the local government to grantapproval of the application, the board shallaward attorney fees to the applicant andagainst the local government.

(11)(a) Whenever the findings, order andrecord are sufficient to allow review, and tothe extent possible consistent with the timerequirements of ORS 197.830 (14), the boardshall decide all issues presented to it whenreversing or remanding a land use decisiondescribed in subsections (2) to (9) of thissection or limited land use decision describedin ORS 197.828 and 197.195.

(b) Whenever the findings are defectivebecause of failure to recite adequate facts orlegal conclusions or failure to adequatelyidentify the standards or their relation to thefacts, but the parties identify relevant evi-dence in the record which clearly supportsthe decision or a part of the decision, theboard shall affirm the decision or the part ofthe decision supported by the record and re-mand the remainder to the local government,with direction indicating appropriate reme-dial action.

(12) The board may reverse or remand aland use decision under review due to exparte contacts or bias resulting from ex partecontacts with a member of the decision-making body, only if the member of thedecision-making body did not comply withORS 215.422 (3) or 227.180 (3), whichever isapplicable.

(13) Subsection (12) of this section doesnot apply to reverse or remand of a land usedecision due to ex parte contact or bias re-sulting from ex parte contact with a hearingsofficer.

(14) The board shall reverse or remand aland use decision or limited land use decisionwhich violates a commission order issuedunder ORS 197.328.

(15) In cases in which a local governmentprovides a quasi-judicial land use hearing ona limited land use decision, the requirementsof subsections (12) and (13) of this sectionapply.

(16) The board may decide cases before itby means of memorandum decisions and shallprepare full opinions only in such cases as itdeems proper. [1983 c.827 §§32,32a; 1985 c.811 §15;1987 c.729 §2; 1989 c.648 §57; 1989 c.761 §13; 1991 c.817§13; 1995 c.595 §§3a,5; 1995 c.812 §5; 1997 c.844 §3; 1999c.621 §7]

197.840 Exceptions to deadline forfinal decision. (1) The following periods ofdelay shall be excluded from the 77-day pe-riod within which the board must make a

final decision on a petition under ORS197.830 (14):

(a) Any period of delay up to 120 daysresulting from the board’s deferring all orpart of its consideration of a petition for re-view of a land use decision or limited landuse decision that allegedly violates the goalsif the decision has been:

(A) Submitted for acknowledgment underORS 197.251; or

(B) Submitted to the Department of LandConservation and Development as part of aperiodic review work program task pursuantto ORS 197.628 to 197.651 and not yet ac-knowledged.

(b) Any period of delay resulting from amotion, including but not limited to, a mo-tion disputing the constitutionality of thedecision, standing, ex parte contacts or otherprocedural irregularities not shown in therecord.

(c) Any reasonable period of delay re-sulting from a request for a stay under ORS197.845.

(d) Any reasonable period of delay re-sulting from a continuance granted by amember of the board on the member’s ownmotion or at the request of one of the par-ties, if the member granted the continuanceon the basis of findings that the ends of jus-tice served by granting the continuance out-weigh the best interest of the public and theparties in having a decision within 77 days.

(2) No period of delay resulting from acontinuance granted by the board under sub-section (1)(d) of this section shall beexcludable under this section unless theboard sets forth in the record, either orallyor in writing, its reasons for finding that theends of justice served by granting the con-tinuance outweigh the best interests of thepublic and the other parties in a decisionwithin the 77 days. The factors the boardshall consider in determining whether togrant a continuance under subsection (1)(d)of this section in any case are as follows:

(a) Whether the failure to grant a con-tinuance in the proceeding would be likelyto make a continuation of the proceedingimpossible or result in a miscarriage of jus-tice; or

(b) Whether the case is so unusual or socomplex, due to the number of parties or theexistence of novel questions of fact or law,that it is unreasonable to expect adequateconsideration of the issues within the 77-daytime limit.

(3) No continuance under subsection(1)(d) of this section shall be granted becauseof general congestion of the board calendaror lack of diligent preparation or attention



to the case by any member of the board orany party.

(4) The board may defer all or part of itsconsideration of a land use decision or lim-ited land use decision described in subsection(1)(a) of this section until the Land Conser-vation and Development Commission hasdisposed of the acknowledgment proceedingdescribed in subsection (1)(a) of this section.If the board deferred all or part of its con-sideration of a decision under this subsec-tion, the board may grant a stay of thecomprehensive plan provision, land use regu-lation, limited land use decision or land usedecision under ORS 197.845. [1983 c.827 §33; 1989c.761 §25; 1991 c.612 §19; 1991 c.817 §27; 1995 c.595 §18;1999 c.348 §18; 1999 c.621 §8]

197.845 Stay of decision being re-viewed; criteria; undertaking; conditions;limitations. (1) Upon application of the pe-titioner, the board may grant a stay of a landuse decision or limited land use decision un-der review if the petitioner demonstrates:

(a) A colorable claim of error in the landuse decision or limited land use decision un-der review; and

(b) That the petitioner will sufferirreparable injury if the stay is not granted.

(2) If the board grants a stay of a quasi-judicial land use decision or limited land usedecision approving a specific development ofland, it shall require the petitioner request-ing the stay to give an undertaking in theamount of $5,000. The undertaking shall bein addition to the filing fee and deposit forcosts required under ORS 197.830 (9). Theboard may impose other reasonable condi-tions such as requiring the petitioner to fileall documents necessary to bring the matterto issue within specified reasonable periodsof time.

(3) If the board affirms a quasi-judicialland use decision or limited land use decisionfor which a stay was granted under subsec-tions (1) and (2) of this section, the boardshall award reasonable attorney fees and ac-tual damages resulting from the stay to theperson who requested the land use decisionor limited land use decision from the localgovernment, special district or state agency,against the person requesting the stay in anamount not to exceed the amount of theundertaking.

(4) The board shall limit the effect of astay of a legislative land use decision to thegeographic area or to particular provisionsof the legislative decision for which the peti-tioner has demonstrated a colorable claim oferror and irreparable injury under subsection(1) of this section. The board may imposereasonable conditions on a stay of a legisla-tive decision, such as the giving of a bond or

other undertaking or a requirement that thepetitioner file all documents necessary tobring the matter to issue within a specifiedreasonable time period. [1983 c.827 §34; 1989 c.761§22; 1991 c.817 §28; 1999 c.621 §9]

197.850 Judicial review of board order;procedures; scope of review; attorneyfees; undertaking. (1) Any party to a pro-ceeding before the Land Use Board of Ap-peals under ORS 197.830 to 197.845 may seekjudicial review of a final order issued inthose proceedings.

(2) Notwithstanding the provisions ofORS 183.480 to 183.540, judicial review oforders issued under ORS 197.830 to 197.845is solely as provided in this section.

(3)(a) Jurisdiction for judicial review ofproceedings under ORS 197.830 to 197.845 isconferred upon the Court of Appeals. Pro-ceedings for judicial review are instituted byfiling a petition in the Court of Appeals. Thepetition must be filed within 21 days follow-ing the date the board delivered or mailedthe order upon which the petition is based.

(b) Filing of the petition, as set forth inparagraph (a) of this subsection, and serviceof a petition on all persons identified in thepetition as adverse parties of record in theboard proceeding is jurisdictional and maynot be waived or extended.

(4) The petition must state the nature ofthe order the petitioner desires reviewed.Copies of the petition must be served by firstclass, registered or certified mail on theboard and all other parties of record in theboard proceeding.

(5) Within seven days after service of thepetition, the board shall transmit to thecourt the original or a certified copy of theentire record of the proceeding under review,but, by stipulation of all parties to the re-view proceeding, the record may be short-ened. The court may tax a party thatunreasonably refuses to stipulate to limit therecord for the additional costs. The courtmay require or permit subsequent correc-tions or additions to the record when deemeddesirable. Except as specifically provided inthis subsection, the court may not tax thecost of the record to the petitioner or anyintervening party. However, the court maytax such costs and the cost of transcriptionof record to a party filing a frivolous petitionfor judicial review.

(6) Petitions and briefs must be filedwithin time periods and in a manner estab-lished by the Court of Appeals by rule.

(7)(a) The court shall hear oral argumentwithin 49 days of the date of transmittal ofthe record.

(b) The court may hear oral argumentmore than 49 days from the date of trans-



mittal of the record provided the court de-termines that the ends of justice served byholding oral argument on a later day out-weigh the best interests of the public and theparties. The court shall not hold oral argu-ment more than 49 days from the date oftransmittal of the record because of generalcongestion of the court calendar or lack ofdiligent preparation or attention to the caseby any member of the court or any party.

(c) The court shall set forth in writing adetermination to hear oral argument morethan 49 days from the date the record istransmitted, together with the reasons for itsdetermination, and shall provide a copy tothe parties. The court shall schedule oral ar-gument as soon as practicable thereafter.

(d) In making a determination under par-agraph (b) of this subsection, the court shallconsider:

(A) Whether the case is so unusual orcomplex, due to the number of parties or theexistence of novel questions of law, that 49days is an unreasonable amount of time forthe parties to brief the case and for the courtto prepare for oral argument; and

(B) Whether the failure to hold oral ar-gument at a later date likely would result ina miscarriage of justice.

(8) Judicial review of an order issued un-der ORS 197.830 to 197.845 shall be confinedto the record. The court shall not substituteits judgment for that of the board as to anyissue of fact.

(9) The court may affirm, reverse or re-mand the order. The court shall reverse orremand the order only if it finds:

(a) The order to be unlawful in substanceor procedure, but error in procedure is notcause for reversal or remand unless thecourt finds that substantial rights of the pe-titioner were prejudiced thereby;

(b) The order to be unconstitutional; or(c) The order is not supported by sub-

stantial evidence in the whole record as tofacts found by the board under ORS 197.835(2).

(10) The Court of Appeals shall issue afinal order on the petition for judicial reviewwith the greatest possible expediency.

(11) If the order of the board is remandedby the Court of Appeals or the SupremeCourt, the board shall respond to the court’sappellate judgment within 30 days.

(12) A party must file with the board anundertaking with one or more sureties in-suring that the party will pay all costs, dis-bursements and attorney fees awardedagainst the party by the Court of Appeals if:

(a) The party appealed a decision of theboard to the Court of Appeals; and

(b) In making the decision being appealedto the Court of Appeals, the board awardedattorney fees and expenses against that partyunder ORS 197.830 (15)(b).

(13) Upon entry of its final order, thecourt shall award attorney fees and expensesto a party who prevails on a claim that anapproval condition imposed by a local gov-ernment on an application for a permit pur-suant to ORS 215.416 or 227.175 isunconstitutional under section 18, Article I,Oregon Constitution, or the Fifth Amend-ment to the United States Constitution.

(14) The undertaking required in subsec-tion (12) of this section must be filed withthe board and served on the opposing partieswithin 10 days after the date the petition wasfiled with the Court of Appeals. [1983 c.827 §35;1989 c.515 §1; 1989 c.761 §26; 1995 c.595 §19; 1997 c.733§1; 1999 c.575 §1; 1999 c.621 §10; 2009 c.25 §1]

197.855 Deadline for final court order;exceptions. (1) The Court of Appeals shallissue a final order on a petition for reviewfiled under ORS 197.850 within 91 days afteroral argument on the petition.

(2) The following periods of delay shallbe excluded from the 91-day period withinwhich the court must issue a final order ona petition:

(a) Any period of delay resulting from amotion properly before the court; or

(b) Any reasonable period of delay re-sulting from a continuance granted by thecourt on the court’s own motion or at therequest of one of the parties, if the courtgranted the continuance on the basis offindings that the ends of justice served bygranting the continuance outweigh the bestinterest of the public and the parties in hav-ing a decision within 91 days.

(3) No period of delay resulting from acontinuance granted by the court under sub-section (2)(b) of this section shall beexcludable under this section unless thecourt sets forth, in the record, either orallyor in writing, its reasons for finding that theends of justice served by granting the con-tinuance outweigh the best interests of thepublic and the other parties in a decisionwithin the 91 days. The factors the courtshall consider in determining whether togrant a continuance under subsection (2)(b)of this section in any case are as follows:

(a) Whether the failure to grant a con-tinuance in the proceeding would be likelyto make a continuation of the proceedingimpossible or result in a miscarriage of jus-tice; or

(b) Whether the case is so unusual or socomplex, due to the number of parties or the



existence of novel questions of fact or law,that it is unreasonable to expect adequateconsideration of the issues within the 91-daytime limit.

(4) No continuance under subsection(2)(b) of this section shall be granted becauseof general congestion of the court calendaror lack of diligent preparation or attentionto the case by any member of the court orany party. [1983 c.827 §35a]

197.860 Stay of proceedings to allowmediation. All parties to an appeal may atany time prior to a final decision by theCourt of Appeals under ORS 197.855 stipu-late that the appeal proceeding be stayed for

any period of time agreeable to the partiesand the board or court to allow the partiesto enter mediation. Following mediation, theboard or the court may, at the request of theparties, dismiss the appeal or remand the de-cision to the board or the local governmentwith specific instructions for entry of a finaldecision on remand. If the parties fail toagree to a stipulation for remand or dis-missal through mediation within the time theappeal is stayed, the appeal shall proceedwith such reasonable extension of appealdeadlines as the board or Court of Appealsconsiders appropriate. [1989 c.761 §14]


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