Oregon Statutes - Chapter 197 - Comprehensive Land Use Planning Coordination

197.005 Legislative findings.
The Legislative Assembly finds that: (1) Uncoordinated use of lands within this state threatens the orderly development, the environment of this state and the health,...
197.010 Policy.
The Legislative Assembly declares that: (1) In order to assure the highest possible level of livability in Oregon, it is necessary to provide for properly...
197.013 Implementation and enforcement are of statewide concern.
Implementation and enforcement of acknowledged comprehensive plans and land use regulations are matters of statewide concern. [1981 c.884 §7]
197.015 Definitions for ORS chapters 195, 196 and 197.
As used in ORS chapters 195, 196 and 197, unless the context requires otherwise: (1) �Acknowledgment� means a commission order that certifies that a comprehensive...
197.020 Land use decision considerations.
Age, gender or physical disability shall not be an adverse consideration in making a land use decision as defined in ORS 197.015. [1987 c.555 §5;...
197.022 Policy regarding ORS 215.433 and 227.184.
The Legislative Assembly declares that it is in the interest of the citizens of this state that a process be established to allow the efficient...
197.030 Land Conservation and Development Commission; members; appointment; confirmation; term; vacancies.
(1) There is established a Land Conservation and Development Commission consisting of seven members appointed by the Governor, subject to confirmation by the Senate pursuant...
197.035 Officers; quorum; compensation and expenses.
(1) The Land Conservation and Development Commission shall select one of its members as chairperson and another member as vice chairperson, for such terms and...
197.040 Duties of commission; rules.
(1) The Land Conservation and Development Commission shall: (a) Direct the performance by the Director of the Department of Land Conservation and Development and the...
197.045 Powers of commission.
The Land Conservation and Development Commission may: (1) Apply for and receive moneys from the federal government and from this state or any of its...
197.047 Notice to local governments and property owners of changes to commission rules or certain statutes; form; distribution of notice; costs.
(1) As used in this section, �owner� means the owner of the title to real property or the contract purchaser of real property, of record...
197.050 Interstate agreements and compacts; commission powers.
Except as provided in ORS 196.150 and 196.155, if an interstate land conservation and development planning agency is created by an interstate agreement or compact...
197.055 [1973 c.80 §16; repealed by 1977 c.664 §42]
197.060 Biennial report; draft submission to legislative committee; contents.
(1) Prior to the end of each even-numbered year, the Department of Land Conservation and Development shall prepare a written report for submission to the...
197.065 Biennial report analyzing uses of certain land; annual local government reports.
(1) Prior to each legislative session, the Land Conservation and Development Commission shall submit to the appropriate legislative committee a written report analyzing applications approved...
197.070 Public inspection of assessments prepared by commission.
The Land Conservation and Development Commission shall keep on file and available for public inspection the assessments prepared pursuant to ORS 197.040 and 197.230. [1995...
197.075 Department of Land Conservation and Development.
The Department of Land Conservation and Development is established. The department shall consist of the Land Conservation and Development Commission, the Director of the Department...
197.080 [1973 c.80 §55; 1977 c.664 §10; 1981 c.748 §21c; repealed by 2007 c.354 §1]
197.085 Director; appointment; compensation and expenses.
(1) The Land Conservation and Development Commission shall appoint a person to serve as the Director of the Department of Land Conservation and Development. The...
197.090 Duties and authority of director; appealing local land use decision; rules.
(1) Subject to policies adopted by the Land Conservation and Development Commission, the Director of the Department of Land Conservation and Development shall: (a) Be...
197.095 Land Conservation and Development Account.
(1) There is established in the General Fund in the State Treasury the Land Conservation and Development Account. Moneys in the account are continuously appropriated...
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 by 2007 c.354 §1]
197.160 State Citizen Involvement Advisory Committee; city and county citizen advisory committees.
(1) To assure widespread citizen involvement in all phases of the planning process: (a) The Land Conservation and Development Commission shall appoint a State Citizen...
197.165 Local Officials Advisory Committee.
For the purpose of promoting mutual understanding and cooperation between the Land Conservation and Development Commission and local government in the implementation of ORS chapters...
197.175 Cities� and counties� planning responsibilities; rules on incorporations; compliance with goals.
(1) Cities and counties shall exercise their planning and zoning responsibilities, including, but not limited to, a city or special district boundary change which shall...
197.178 Development applications; urban residential density; reporting to Department of Land Conservation and Development.
A local government with a comprehensive plan or functional plan identified in ORS 197.296 (1) shall compile and report annually to the Department of Land...
197.180 State agency planning responsibilities; certain information to be submitted to department; determination of compliance with goals and plans; rules; exceptions.
(1) Except as provided in ORS 197.277 or subsection (2) of this section or unless expressly exempted by another statute from any of the requirements...
197.183 Local government to notify Department of Aviation of applications received for certain water impoundments.
(1) A local government shall provide notice to the Oregon Department of Aviation when the local government or its designee receives an application for a...
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 lands inventory of land subject to open space tax assessment; reapplication for assessment.
(1) At periodic review under ORS 197.633 next following approval of an application under ORS 308A.309, the local government shall remove any lot or parcel...
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 decision� shall be consistent with applicable provisions of city or county comprehensive plans and land use regulations. Such a decision...
197.200 Refinement plan; procedures for land division, site or design review within area subject to plan.
(1) A local government may convene a land use proceeding to adopt a refinement plan for a neighborhood or community within its jurisdiction and inside...
197.225 Preparation; adoption.
The Department of Land Conservation and Development shall prepare and the Land Conservation and Development Commission shall adopt goals and guidelines for use by state...
197.230 Considerations; finding of need required for adoption or amendment of goal.
(1) In preparing, adopting and amending goals and guidelines, the Department of Land Conservation and Development and the Land Conservation and Development Commission shall: (a)...
197.235 Public hearings; notice; citizen involvement implementation; submission of proposals.
(1) In preparing the goals and guidelines, the Department of Land Conservation and Development shall: (a) Hold at least 10 public hearings throughout the state,...
197.240 Commission action; public hearing; notice; amendment; adoption.
Upon receipt of the proposed goals and guidelines prepared and submitted to it by the Department of Land Conservation and Development, the Land Conservation and...
197.245 Commission amendment of initial goals; adoption of new goals.
The Land Conservation and Development Commission may periodically amend the initial goals and guidelines adopted under ORS 197.240 and adopt new goals and guidelines. The...
197.247 [1983 c.826 §2; repealed by 1993 c.792 §55]
197.250 Compliance with goals required.
Except as otherwise provided in ORS 197.245, all comprehensive plans and land use regulations adopted by a local government to carry out those comprehensive plans...
197.251 Compliance acknowledgment; commission review; rules; limited acknowledgment; compliance schedule.
(1) Upon the request of a local government, the Land Conservation and Development Commission shall by order grant, deny or continue acknowledgment of compliance of...
197.252 [1977 c.664 §20a; 1979 c.772 §7a; repealed by 1981 c.748 §56]
197.253 Participation in local proceedings required for submitting comments and objections.
Notwithstanding the provisions of ORS 197.251 (2)(a), a person may not submit written comments and objections to the acknowledgment request of any city or county...
197.254 Bar to contesting acknowledgment, appealing or seeking amendment.
(1) A state agency shall be barred after the date set for submission of programs by the Land Conservation and Development Commission as provided in...
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; renumbered 195.040 in 1993]
197.265 State compensation for costs of defending compliance actions.
(1) As used in this section, �action� includes but is not limited to a proceeding under ORS 197.830 to 197.845. (2) If any action is...
197.270 Copies of comprehensive plan and land use regulations; post review.
Within six months following completion of the periodic review process, the affected local government shall file three complete and accurate copies of its comprehensive plan...
197.274 Review of Metro regional framework plan.
(1) The Metro regional framework plan, its separate components and amendments to the regional framework plan or to its separate components are subject to review:...
197.275 [1973 c.80 §40; 1977 c.664 §21; repealed by 1981 c.748 §56]
197.277 Oregon Forest Practices Act; exclusion.
(1) The goals and rules established in ORS chapters 195, 196 and 197 do not apply to programs, rules, procedures, decisions, determinations or activities carried...
197.279 Approved wetland conservation plans comply with goals; exception; rules.
(1) Wetland conservation plans approved by the Director of the Department of State Lands pursuant to ORS chapter 196 shall be deemed to comply with...
197.280 [1973 c.80 §41; repealed by 1977 c.664 §42 and 1977 c.766 §16]
197.283 Commission to assure protection of ground water resources.
(1) The Land Conservation and Development Commission shall take actions it considers necessary to assure that city and county comprehensive plans and land use regulations...
197.285 [1973 c.80 §42; repealed by 1981 c.748 §56]
197.295 Definitions for ORS 197.295 to 197.314 and 197.475 to 197.490.
As used in ORS 197.295 to 197.314 and 197.475 to 197.490: (1) �Buildable lands� means lands in urban and urbanizable areas that are suitable, available...
197.296 Factors to establish sufficiency of buildable lands within urban growth boundary; analysis and determination of residential housing patterns.
(1)(a) The provisions of this section apply to metropolitan service district regional framework plans and local government comprehensive plans for lands within the urban growth...
197.298 Priority of land to be included within urban growth boundary.
(1) In addition to any requirements established by rule addressing urbanization, land may not be included within an urban growth boundary except under the following...
197.299 Metropolitan service district analysis of buildable land supply; schedule for accommodating needed housing; need for land for school; extension of schedule.
(1) A metropolitan service district organized under ORS chapter 268 shall complete the inventory, determination and analysis required under ORS 197.296 (3) not later than...
197.300 [1973 c.80 §51; 1977 c.664 §22; repealed by 1979 c.772 §26]
197.301 Metropolitan service district report of performance measures.
(1) A metropolitan service district organized under ORS chapter 268 shall compile and report to the Department of Land Conservation and Development on performance measures...
197.302 Metropolitan service district determination of buildable land supply; corrective action; enforcement.
(1) After gathering and compiling information on the performance measures as described in ORS 197.301 but prior to submitting the information to the Department of...
197.303 �Needed housing� defined.
(1) As used in ORS 197.307, until the beginning of the first periodic review of a local government�s acknowledged comprehensive plan, �needed housing� means housing...
197.304 Lane County accommodation of needed housing.
(1) Notwithstanding an intergovernmental agreement pursuant to ORS 190.003 to 190.130 or acknowledged comprehensive plan provisions to the contrary, a city within Lane County that...
197.305 [1973 c.80 §52; 1977 c.664 §23; repealed by 1979 c.772 §26]
197.307 Effect of need for certain housing in urban growth areas; approval standards for certain residential development; placement standards for approval of manufactured dwellings.
(1) The availability of affordable, decent, safe and sanitary housing opportunities for persons of lower, middle and fixed income, including housing for farmworkers, is a...
197.309 Local ordinances or approval conditions may not effectively establish housing sale price or designate class of purchasers; exception.
(1) Except as provided in subsection (2) of this section, a city, county or metropolitan service district may not adopt a land use regulation or...
197.310 [1973 c.80 §53; 1977 c.664 §24; repealed by 1979 c.772 §26]
197.312 Limitation on city and county authority to prohibit certain kinds of housing, including farmworker housing; real estate sales office.
(1) A city or county may not by charter prohibit from all residential zones attached or detached single-family housing, multifamily housing for both owner and...
197.313 Interpretation of ORS 197.312.
Nothing in ORS 197.312 or in the amendments to ORS 197.295, 197.303, 197.307 by sections 1, 2 and 3, chapter 795, Oregon Laws 1983, shall...
197.314 Required siting of manufactured homes; minimum lot size; approval standards.
(1) Notwithstanding ORS 197.296, 197.298, 197.299, 197.301, 197.302, 197.303, 197.307, 197.312 and 197.313, within urban growth boundaries each city and county shall amend its comprehensive...
197.315 [1973 c.80 §54; 1977 c.664 §25; repealed by 1979 c.772 §26]
197.319 Procedures prior to request of an enforcement order.
(1) Before a person may request adoption of an enforcement order under ORS 197.320, the person shall: (a) Present the reasons, in writing, for such...
197.320 Power of commission to order compliance with goals and plans.
The Land Conservation and Development Commission shall issue an order requiring a local government, state agency or special district to take action necessary to bring...
197.324 Proceedings prior to order of compliance with goals; disclosure notice.
(1) On its own motion, the Land Conservation and Development Commission may initiate a proceeding to carry out the provisions of ORS 197.320. If the...
197.325 [1973 c.80 §45; repealed by 1977 c.664 §42]
197.328 Procedures to consider order to comply with goals.
If a proceeding is initiated under ORS 197.324, the following procedures apply: (1) The Land Conservation and Development Commission shall hold a hearing to consider...
197.330 [1973 c.80 §50; repealed by 1977 c.664 §42]
197.335 Order for compliance with goals; review of order; withholding grant funds; injunctions.
(1) An order issued under ORS 197.328 and the copy of the order mailed to the local government, state agency or special district shall set...
197.340 Weight given to goals in planning practice; regional diversity and needs.
(1) The Land Conservation and Development Commission, the Department of Land Conservation and Development, other state agencies and local governments shall give the goals equal...
197.350 Burden of persuasion or proof in appeal to board or commission.
(1) A party appealing a land use decision or limited land use decision made by a local government to the board or Land Conservation and...
197.352 [2005 c.1; 2007 c.354 §28; 2007 c.424 §4; renumbered 195.305 in 2007]
197.353 Measure 37 timelines; death of claimant.
(1) As used in this section: (a) �Claimant� means a person that makes a Measure 37 claim. (b) �Measure 37 claim� means a written demand...
197.360 �Expedited land division� defined; applicability.
(1) An expedited land division: (a) Is an action of a local government that: (A) Includes land that is zoned for residential uses and is...
197.365 Application for expedited land division; notice requirements; procedure.
When requested by an applicant for an expedited land division, in lieu of the procedure set forth in its comprehensive plan and land use regulations,...
197.370 Failure of local government to approve or deny application within specified time.
(1) Except as provided in subsection (2) of this section, if the local government does not make a decision on an expedited land division within...
197.375 Appeal of decision on application for expedited land division; notice requirements; standards for review; procedure; costs.
(1) An appeal of a decision made under ORS 197.360 and 197.365 shall be made as follows: (a) An appeal must be filed with the...
197.380 Application fees for expedited land division.
Each city and county shall establish an application fee for an expedited land division. The fee shall be set at a level calculated to recover...
197.390 Activities on federal land; list; permit required; enjoining violations.
(1) The Land Conservation and Development Commission shall study and compile a list of all activities affecting land use planning which occur on federal land...
197.395 Application for permit; review and issuance; conditions; restrictions; review.
(1) Any person or public agency desiring to initiate an activity which the state may regulate or control and which occurs upon federal land shall...
197.400 [1973 c.80 §25; 1977 c.664 §27; repealed by 1981 c.748 §56]
197.405 Designation of areas of critical state concern; commission recommendation; committee review; approval by Legislative Assembly.
(1) The Land Conservation and Development Commission may recommend to appropriate legislative committees the designation of areas of critical state concern. Each such recommendation: (a)...
197.410 Use and activities regulated; enjoining violations.
(1) No use or activity subjected to state regulations required or allowed for a designated area of critical state concern shall be undertaken except in...
197.415 [1973 c.80 §27; 1977 c.664 §30; repealed by 1981 c.748 §56]
197.420 [1973 c.80 §28; 1977 c.664 §31; repealed by 1981 c.748 §56]
197.425 [1973 c.80 §29; 1977 c.664 §32; repealed by 1981 c.748 §56]
197.430 Enforcement powers.
If the county governing body or the Land Conservation and Development Commission determines the existence of an alleged violation under ORS 197.410, it may: (1)...
197.431 Expansion of speedway destination site.
(1) If the site described in ORS 197.433 (1) is developed and used as a major motor speedway with sanctioned, premier, high speed automobile racing...
197.432 Definitions for ORS 197.431 to 197.434.
As used in ORS 197.431 to 197.434: (1) �Associated uses and facilities� means: (a) Speedway-related and accessory uses and facilities identified in the findings; and...
197.433 Development of major motor speedway.
(1) On a site approved for development of a major motor speedway, pursuant to an exception to statewide land use planning goals relating to agricultural...
197.434 Traffic impacts of speedway destination.
(1) The private developer of the speedway destination site is financially responsible for addressing, through traffic infrastructure improvements and upgrades, adverse traffic impacts that cannot...
197.435 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 the purpose of recreation and may include but are not...
197.440 Legislative findings.
The Legislative Assembly finds that: (1) It is the policy of this state to promote Oregon as a vacation destination and to encourage tourism as...
197.445 Destination resort criteria; phase-in requirements; annual accounting.
A destination resort is a self-contained development that provides for visitor-oriented accommodations and developed recreational facilities in a setting with high natural amenities. To qualify...
197.450 Siting without taking goal exception.
In accordance with the provisions of ORS 30.947, 197.435 to 197.467, 215.213, 215.283 and 215.284, a comprehensive plan may provide for the siting of a...
197.455 Siting of destination resorts; sites from which destination resort excluded.
(1) A destination resort must be sited on lands mapped as eligible for destination resort siting by the affected county. The county may not allow...
197.460 Compatibility with adjacent land uses; county measures.
A county shall insure that a destination resort is compatible with the site and adjacent land uses through the following measures: (1) Important natural features,...
197.462 Use of land excluded from destination resort.
A portion of a tract that is excluded from the site of a destination resort pursuant to ORS 197.435 (7) shall not be used or...
197.465 Comprehensive plan implementing measures.
An acknowledged comprehensive plan that allows for siting of a destination resort shall include implementing measures which: (1) Map areas where a destination resort described...
197.467 Conservation easement to protect resource site.
(1) If a tract to be used as a destination resort contains a resource site designated for protection in an acknowledged comprehensive plan pursuant to...
197.475 Policy.
The Legislative Assembly declares that it is the policy of this state to provide for mobile home or manufactured dwelling parks within all urban growth...
197.480 Planning for parks; procedures; inventory.
(1) Each city and county governing body shall provide, in accordance with urban growth management agreements, for mobile home or manufactured dwelling parks as an...
197.485 Prohibition on restrictions of manufactured dwelling.
(1) A jurisdiction may not prohibit placement of a manufactured dwelling, due solely to its age, in a mobile home or manufactured dwelling park in...
197.490 Restriction on establishment of park.
(1) Except as provided by ORS 446.105, a mobile home or manufactured dwelling park shall not be established on land, within an urban growth boundary,...
197.492 Definitions for ORS 197.492 and 197.493.
As used in this section and ORS 197.493: (1) �Manufactured dwelling park,� �mobile home park� and �recreational vehicle� have the meaning given those terms in...
197.493 Placement and occupancy of recreational vehicle.
(1) A state agency or local government may not prohibit the placement or occupancy of a recreational vehicle, or impose any limit on the length...
197.505 Definitions for ORS 197.505 to 197.540.
As used in ORS 197.505 to 197.540: (1) �Public facilities� means those public facilities for which a public facilities plan is required under ORS 197.712....
197.510 Legislative findings.
The Legislative Assembly finds and declares that: (1) The declaration of moratoria on construction and land development by cities, counties and special districts may have...
197.520 Manner of declaring moratorium.
(1) No city, county or special district may adopt a moratorium on construction or land development unless it first: (a) Provides written notice to the...
197.522 Local government to approve subdivision, partition or construction; conditions.
A local government shall approve an application for a permit, authorization or other approval necessary for the subdivision or partitioning of, or construction on, any...
197.524 Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits.
(1) When a local government engages in a pattern or practice of delaying or stopping the issuance of permits, authorizations or approvals necessary for the...
197.530 Correction program; procedures.
(1) A city, county or special district that adopts a moratorium on construction or land development in conformity with ORS 197.520 (1) and (2) shall...
197.540 Review by Land Use Board of Appeals.
(1) In the manner provided in ORS 197.830 to 197.845, the Land Use Board of Appeals shall review upon petition by a county, city or...
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; renumbered 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]
197.610 Local government notice of proposed amendment or new regulation; exceptions; report to commission.
(1) A proposal to amend a local government acknowledged comprehensive plan or land use regulation or to adopt a new land use regulation shall be...
197.615 Local government notice of adopted amendment or new regulation; content; notice by director.
(1) A local government that amends an acknowledged comprehensive plan or land use regulation or adopts a new land use regulation shall mail or otherwise...
197.620 Who may appeal.
(1) Notwithstanding the requirements of ORS 197.830 (2), persons who participated either orally or in writing in the local government proceedings leading to the adoption...
197.625 When amendment or new regulation considered acknowledged; application prior to acknowledgment.
(1) If a notice of intent to appeal is not filed within the 21-day period set out in ORS 197.830 (9), the amendment to the...
197.626 Expanding urban growth boundary or designating urban or rural reserves subject to periodic review.
A metropolitan service district that amends its urban growth boundary to include more than 100 acres, or that amends the district�s regional framework plan or...
197.628 Periodic review; policy; conditions that indicate need for periodic review.
(1) It is the policy of the State of Oregon to require the periodic review of comprehensive plans and land use regulations in order to...
197.629 Schedule for periodic review; coordination.
(1) The Land Conservation and Development Commission shall establish and maintain a schedule for periodic review of comprehensive plans and land use regulations. Except as...
197.630 [1981 c.748 §5c; repealed by 1983 c.827 §59]
197.631 Commission to amend regulations to facilitate periodic review.
In order to use state and local periodic review resources most efficiently and effectively and to concentrate periodic review on adequate provision of economic development,...
197.633 Two phases of periodic review; rules; appeal of decision on work program; schedule for completion; extension of time on appeal.
(1) The periodic review process is divided into two phases. Phase one is the evaluation of the existing comprehensive plan, land use regulations and citizen...
197.635 [1981 c.748 §6; repealed by 1983 c.827 §59]
197.636 Procedures and actions for failure to meet periodic review deadlines.
(1) Upon good cause shown by a local government, the Director of the Department of Land Conservation and Development may allow the local government an...
197.637 Department of Land Conservation and Development may request review by Housing and Community Services Department of certain local housing measures.
(1) Upon request of the Department of Land Conservation and Development, the Housing and Community Services Department shall review the inventory and analysis of housing,...
197.638 Department of Land Conservation and Development may request review by Economic and Community Development Department of local inventory and analysis of industrial and commercial land.
(1) Upon request of the Department of Land Conservation and Development, the Economic and Community Development Department shall review the inventory and analysis of industrial...
197.639 State assistance teams; alternative coordination process; grant and technical assistance funding; advisory committee.
(1) In addition to coordination between state agencies and local government established in certified state agency coordination programs, the Department of Land Conservation and Development...
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 by 1991 c.612 §23]
197.643 [1983 c.827 §11c; 1987 c.729 §9; repealed by 1991 c.612 §23]
197.644 Modification of work program; commission jurisdiction and rules.
(1) The Land Conservation and Development Commission may direct or, upon request of the local government, the Director of the Department of Land Conservation and...
197.645 [1983 c.827 §11d; 1987 c.729 §10; repealed by 1991 c.612 §23]
197.646 Implementation of new or amended goals, rules or statutes; rules.
(1) A local government shall amend its acknowledged comprehensive plan, regional framework plan and land use regulations implementing either plan by a self-initiated post-acknowledgment process...
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; establishment by rules.
The Land Conservation and Development Commission may establish by rule fees to cover the cost of notice given to persons by the Director of the...
197.650 Appeal to Court of Appeals; standing; petition content and service.
(1) A Land Conservation and Development Commission order may be appealed to the Court of Appeals in the manner provided in ORS 183.482 by the...
197.651 Appeal to Court of Appeals for coordinated designation of urban and rural reserves.
(1) Notwithstanding ORS 197.650, a Land Conservation and Development Commission order concerning the designation of urban reserves under ORS 195.145 (1)(b) or rural reserves under...
197.652 Establishing regional problem-solving programs.
Programs of the collaborative regional problem-solving process described in ORS 197.654 and 197.656 shall be established in counties or regions geographically distributed throughout the state....
197.654 Regional problem solving; coordination.
(1) Local governments and those special districts that provide urban services may enter into a collaborative regional problem-solving process. A collaborative regional problem-solving process is...
197.656 Commission acknowledgment of comprehensive plans not in compliance with goals; participation by state agencies; commission review of implementing regulations and plan amendments; use of resource lands.
(1) Upon invitation by the local governments in a region, the Land Conservation and Development Commission and other state agencies may participate with the local...
197.658 Modifying local work plan.
In addition to the provisions of ORS 197.644, the Land Conservation and Development Commission may modify an approved work program when a local government has...
197.660 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 residential care, residential training or residential treatment...
197.663 Legislative findings.
The Legislative Assembly finds and declares that: (1) It is the policy of this state that persons with disabilities and elderly persons are entitled to...
197.665 Locations of residential homes.
(1) Residential homes shall be a permitted use in: (a) Any residential zone, including a residential zone which allows a single-family dwelling; and (b) Any...
197.667 Location of residential facility; application and supporting documentation.
(1) A residential facility shall be a permitted use in any zone where multifamily residential uses are a permitted use. (2) A residential facility shall...
197.670 Zoning requirements and prohibitions for residential homes and residential facilities.
(1) As of October 3, 1989, no city or county shall: (a) Deny an application for the siting of a residential home in a residential...
197.675 [1989 c.964 §4; repealed by 2001 c.613 §1]
197.677 Policy.
In that the agricultural workers in this state benefit the social and economic welfare of all of the people in Oregon by their unceasing efforts...
197.680 Legislative findings.
The Legislative Assembly finds that: (1) This state has a large stock of existing farmworker housing that does not meet minimum health and safety standards...
197.685 Location of farmworker housing; approval standards.
(1) The availability of decent, safe and sanitary housing opportunities for farmworkers is a matter of statewide concern. (2) Farmworker housing within the rural area...
197.705 [1973 c.482 §1; repealed by 1977 c.665 §24]
197.707 Legislative intent.
It was the intent of the Legislative Assembly in enacting ORS chapters 195, 196, 197, 215 and 227 not to prohibit, deter, delay or increase...
197.710 [1973 c.482 §3; repealed by 1977 c.665 §24]
197.712 Commission duties; comprehensive plan provisions; public facility plans; state agency coordination plans; compliance deadline; rules.
(1) In addition to the findings and policies set forth in ORS 197.005, 197.010 and 215.243, the Legislative Assembly finds and declares that, in carrying...
197.713 Industrial development on industrial lands outside urban growth boundaries; exceptions.
(1) Notwithstanding statewide land use planning goals relating to urbanization or to public facilities and services, a county or its designee may authorize: (a) Industrial...
197.714 Cooperation of county and city concerning industrial development.
(1) Notwithstanding the authority granted in ORS 197.713 to allow industrial development, including accessory uses subordinate to the industrial development, in areas zoned for industrial...
197.715 [1973 c.482 §2; repealed by 1977 c.665 §24]
197.717 Technical assistance by state agencies; information from Economic and Community Development Department; model ordinances; rural economic development.
(1) State agencies shall provide technical assistance to local governments in: (a) Planning and zoning land adequate in amount, size, topography, transportation access and surrounding...
197.719 Industrial use of abandoned or diminished mill sites; amendment of comprehensive plans and land use regulations; sewer facilities.
(1) As used in this section, �abandoned or diminished mill site� means a mill, plant or other facility engaged in the processing or manufacturing of...
197.725 [1973 c.482 §4; repealed by 1977 c.665 §24]
197.730 [1973 c.482 §6; repealed by 1977 c.665 §24]
197.732 Goal exceptions; criteria; rules; review.
(1) As used in this section: (a) �Compatible� is not intended as an absolute term meaning no interference or adverse impacts of any type with...
197.735 [1973 c.482 §7; repealed by 1977 c.665 §24]
197.736 Commission implementation of ORS 197.340 and 197.732; rules.
The Land Conservation and Development Commission shall amend goals, in accordance with ORS 197.240 and 197.245, and amend and adopt rules and guidelines, as necessary,...
197.740 [1973 c.482 §8; repealed by 1977 c.665 §24]
197.747 Meaning of �compliance with the goals� for certain purposes.
For the purposes of acknowledgment under ORS 197.251, board review under ORS 197.805 to 197.855 and periodic review under ORS 197.628 to 197.650, �compliance with...
197.750 [1973 c.482 §5; repealed by 1977 c.665 §24]
197.752 Lands available for urban development.
(1) Lands within urban growth boundaries shall be available for urban development concurrent with the provision of key urban facilities and services in accordance with...
197.754 Land identified for urban services; capital improvement plan; tax assessment.
(1) A local government may identify land inside an urban growth boundary for which the local government intends to provide urban services within the next...
197.755 [1973 c.482 §9; repealed by 1977 c.665 §24]
197.756 Farm use assessment in area identified for urban services.
(1) Upon the sale of a lot or parcel located inside an urban growth boundary that is assessed at its value for farm use under...
197.757 Acknowledgment deadline for newly incorporated cities.
Cities incorporated after January 1, 1982, shall have their comprehensive plans and land use regulations acknowledged under ORS 197.251 no later than four years after...
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-judicial land use hearings; notice requirements; hearing procedures.
The following procedures shall govern the conduct of quasi-judicial land use hearings conducted before a local governing body, planning commission, hearings body or hearings officer...
197.764 Application to remove property from within urban growth boundary; conditions.
(1) A local government may approve an application to remove a lot or parcel from within an urban growth boundary if: (a) The application is...
197.765 [1973 c.482 §2a; repealed by 1977 c.665 §24]
197.766 Laws applicable to certain local decisions regarding urban growth boundary.
(1) A decision of a local government to expand an urban growth boundary shall comply with the provisions of ORS 197.296. (2) A decision of...
197.767 [1987 c.729 §4; repealed by 1989 c.837 §34]
197.768 Local government or special district adoption of public facilities strategy; public hearing; written findings.
(1) As used in this section, �special district� has the meaning given that term in ORS 197.505. (2)(a) A local government or special district may...
197.770 Firearms training facilities.
(1) Any firearms training facility in existence on September 9, 1995, shall be allowed to continue operating until such time as the facility is no...
197.772 Consent for designation as historic property.
(1) Notwithstanding any other provision of law, a local government shall allow a property owner to refuse to consent to any form of historic property...
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 company upon certain applications for land use decision, limited land use decision or expedited land use decision.
(1) As used in this section, �railroad company� has the meaning given that term in ORS 824.200. (2) If a railroad-highway crossing provides or will...
197.795 [1973 c.482 §10; repealed by 1977 c.665 §24]
197.796 Applicant for certain land use decisions may accept and appeal condition imposed on application; procedure; attorney fees.
(1) An applicant for a land use decision, limited land use decision or expedited land division or for a permit under ORS 215.427 or 227.178...
197.805 Policy on review of land use decisions.
It is the policy of the Legislative Assembly that time is of the essence in reaching final decisions in matters involving land use and that...
197.810 Land Use Board of Appeals; appointment and removal of members; qualifications.
(1) There is hereby created a Land Use Board of Appeals consisting of not more than three positions. Board members shall be appointed by the...
197.815 Office location; proceedings may be conducted by telephone.
(1) The principal office of the Land Use Board of Appeals shall be in the state capital, but the board may hold hearings in any...
197.820 Duty to conduct review proceedings; authority to issue orders; rules.
(1) The Land Use Board of Appeals shall conduct review proceedings upon petitions filed in the manner prescribed in ORS 197.830. (2) In conducting review...
197.825 Jurisdiction of board; limitations; effect on circuit court jurisdiction.
(1) Except as provided in ORS 197.320 and subsections (2) and (3) of this section, the Land Use Board of Appeals shall have exclusive jurisdiction...
197.828 Board review of limited land use decision.
(1) The Land Use Board of Appeals shall either reverse, remand or affirm a limited land use decision on review. (2) The board shall reverse...
197.829 Board to affirm certain local government interpretations.
(1) The Land Use Board of Appeals shall affirm a local government�s interpretation of its comprehensive plan and land use regulations, unless the board determines...
197.830 Review procedures; standing; fees; deadlines; rules; issues subject to review; attorney fees and costs; publication of orders; mediation.
(1) Review of land use decisions or limited land use decisions under ORS 197.830 to 197.845 shall be commenced by filing a notice of intent...
197.831 Clear and objective approval standards; burden of proof.
In a proceeding before the Land Use Board of Appeals or on judicial review from an order of the board that involves an ordinance required...
197.832 Board Publications Account.
The Board Publications Account is established in the General Fund. All moneys in the account are appropriated continuously to the Land Use Board of Appeals...
197.835 Scope of review; rules.
(1) The Land Use Board of Appeals shall review the land use decision or limited land use decision and prepare a final order affirming, reversing...
197.840 Exceptions to deadline for final decision.
(1) The following periods of delay shall be excluded from the 77-day period within which the board must make a final decision on a petition...
197.845 Stay of decision being reviewed; criteria; undertaking; conditions; limitations.
(1) Upon application of the petitioner, the board may grant a stay of a land use decision or limited land use decision under review if...
197.850 Judicial review of board order; procedures; scope of review; attorney fees; undertaking.
(1) Any party to a proceeding before the Land Use Board of Appeals under ORS 197.830 to 197.845 may seek judicial review of a final...
197.855 Deadline for final court order; exceptions.
(1) The Court of Appeals shall issue a final order on a petition for review filed under ORS 197.850 within 91 days after oral argument...
197.860 Stay of proceedings to allow mediation.
All parties to an appeal may at any time prior to a final decision by the Court of Appeals under ORS 197.855 stipulate that...

Last modified: August 7, 2008