Oregon Revised Statutes
Special districts shall exercise their planning duties, powers and responsibilities and take actions that are authorized by law with respect to programs affecting land use, including a city or special district boundary change as defined in ORS 197.175 (1), in accordance with goals approved pursuant to ORS chapters 195, 196, 197 and 197A. A county assigned c…
In addition to the responsibilities stated in ORS 197.175, each county, through its governing body, shall be responsible for coordinating all planning activities affecting land uses within the county, including planning activities of the county, cities, special districts and state agencies, to assure an integrated comprehensive plan for the entire area of th…
As used in this section, “affected local government” means: A city or county for which the Portland State University Population Research Center is preparing a population forecast; A county that contains all or part of a city or an urban growth boundary for which the center is preparing a population forecast; and A local service district, as defined in ORS…
Metro, in coordination with local governments within its boundary, shall issue a population forecast for the entire area within its boundary to be applied by Metro and local governments within the boundary of Metro as a basis for changes to comprehensive plans and land use regulations. The forecasted population data must be segmented by race, ethnicity and d…
Upon the expiration of one year after the date of the approval of the goals and guidelines and annually thereafter, each county governing body, upon request of the Land Conservation and Development Commission, shall report to the commission on the status of comprehensive plans within each county. Each report shall include: Copies of comprehensive plans revi…
As used in ORS 195.020 and 195.065 to 195.085, unless the context requires otherwise, “district” or “special district” has the meaning given the term “district” in ORS 198.010 and also includes a county service district organized under ORS chapter 451.
Under ORS 190.003 to 190.130, units of local government and special districts that provide an urban service to an area within an urban growth boundary that has a population greater than 2,500 persons, and that are identified as appropriate parties by a cooperative agreement under ORS 195.020, shall enter into urban service agreements that: Specify whether t…
The following factors shall be considered in establishing urban service agreements under ORS 195.065: Financial, operational and managerial capacity to provide the service; The effect on the cost of the urban service to the users of the service, the quality and quantity of the service provided and the ability of urban service users to identify and contact …
Urban service agreements entered into under ORS 195.065 shall provide for the continuation of an adequate level of urban services to the entire area that each provider serves. If an urban service agreement calls for significant reductions in the territory of a special service district, the urban service agreement shall specify how the remaining portion of th…
Nothing in ORS 195.020, 195.060 to 195.085, 195.205 to 195.235, 197.005, 197.319, 197.320, 197.335 and 223.304 shall be construed to prevent planning for, installation of or connection to public facilities or services consistent with acknowledged comprehensive plans and land use regulations.
Local governments and special districts shall demonstrate compliance with ORS 195.020 and 195.065. The Land Conservation and Development Commission may adjust the deadline for compliance under this section when cities and counties that are parties to an agreement under ORS 195.020 and 195.065 are scheduled for periodic review at different times. Local gove…
As used in this section, “large school district” means a school district that has an enrollment of over 2,500 students based on certified enrollment numbers submitted to the Department of Education during the first quarter of each new school year. A city or county containing a large school district shall: Include as an element of its comprehensive plan a s…
City and county governing bodies shall work with school district personnel to identify barriers and hazards to children walking or bicycling to and from school. The cities, counties and districts may develop a plan for the funding of improvements designed to reduce the barriers and hazards identified. Note: 195.115 was enacted into law by the Legislative As…
The Legislative Assembly finds that Oregon’s parks are special places and the protection of parks for the use and enjoyment of present and future generations is a matter of statewide concern. The Land Conservation and Development Commission, in cooperation with the State Parks and Recreation Commission and representatives of local government, shall adopt ru…
Existing uses and facilities in all state parks on July 25, 1997, shall be allowed to continue. The following uses and activities shall be approved by a local government subject only to clear and objective siting criteria, which criteria, either individually or cumulatively, shall not prohibit the use or activity of: The repair and renovation of existing fa…
URBAN SERVICE PROVIDER ANNEXATION (Temporary provisions relating to requirements for annexation of certain industrial lands) Note: Sections 1, 2 and 11, chapter 539, Oregon Laws 2005, provide: Sec. 1. Section 2 of this 2005 Act is added to and made a part of ORS 195.205 to 195.225. [2005 c.539 §1] Sec. 2. (1) A lot, parcel or tract may not be included in…
A city or district that provides an urban service may annex territory under ORS 195.020, 195.060 to 195.085, 195.205 to 195.235, 197.005, 197.319, 197.320, 197.335 and 223.304 that: Is situated within an urban growth boundary; and Is contained within an annexation plan adopted pursuant to ORS 195.020, 195.060 to 195.085, 195.205 to 195.235, 197.005, 197.31…
The statement summarizing the measure and its major effect in the ballot title of a proposal for adoption of an annexation plan shall contain a general description of the boundaries of each territory proposed to be annexed. The description shall use streets and other generally recognized features. Notwithstanding ORS 250.035, the statement summarizing the me…
The governing body of the city or district shall determine the results of the election from the official figures returned by the county clerk. If the governing body of the city finds that a majority of the votes cast in the territory and a majority of the votes cast in the city favor the annexation plan, the governing body, by resolution or ordinance, shall …
An annexation plan adopted under ORS 195.205 shall include: The timing and sequence of annexation. Local standards of urban service availability required as a precondition of annexation. The planned schedule for providing urban services to the annexed territory. The effects on existing urban services providers. The long-term benefits of the annexation p…
In areas subject to the jurisdiction of a local government boundary commission, the boundary commission shall conduct an advisory review of an annexation plan for conformity with annexation plan requirements set forth in ORS 195.220, 199.462 and the rules of procedure of the Land Conservation and Development Commission. If a boundary commission finds that a…
The method of annexing territory to cities or districts set forth in ORS 195.205 to 195.225 is in addition to and does not affect or prohibit other methods of annexation authorized by law. LANDSLIDE HAZARD AREAS
As used in ORS 195.250 to 195.260: “Further review area” means an area of land within which further site specific review should occur before land management or building activities begin because either the State Department of Geology and Mineral Industries or the State Forestry Department determines that the area reasonably could be expected to include sites…
The Legislative Assembly declares that it is the policy of the State of Oregon that: Each property owner, each highway user and all federal, state and local governments share the responsibility for making sound decisions regarding activities that may affect landslide hazards and the associated risks of property damage or personal injury. In keeping with th…
The Legislative Assembly finds that: Many locations in Oregon are subject to naturally occurring landslide hazards, and some human activities may accelerate the incidence or increase the adverse effects of those hazards. Rapidly moving landslides present the greatest risk to human life, and persons living in or traveling through areas prone to rapidly movi…
In order to reduce the risk of serious bodily injury or death resulting from rapidly moving landslides, a local government: Shall exercise all available authority to protect the public during emergencies, consistent with ORS 401.032. May require a geotechnical report and, if a report is required, shall provide for a coordinated review of the geotechnical r…
JUST COMPENSATION FOR LAND USE REGULATION
As used in this section and ORS 195.301 and 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, and sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010: “Acquisition date” means the date described in ORS 195.328. “Claim” means a written demand for compensation filed under: ORS 195.305…
The Legislative Assembly finds that: In some situations, land use regulations unfairly burden particular property owners. To address these situations, it is necessary to amend Oregon’s land use statutes to provide just compensation for unfair burdens caused by land use regulations. The purpose of ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, O…
If a public entity enacts one or more land use regulations that restrict the residential use of private real property or a farming or forest practice and that reduce the fair market value of the property, then the owner of the property shall be entitled to just compensation from the public entity that enacted the land use regulation or regulations as provide…
Notwithstanding the requirement to pay just compensation for certain land use regulations under ORS 195.305 (1), compensation is not due for: The enforcement or enactment of a land use regulation established in ORS 30.930 to 30.947, 527.310 to 527.370, 561.995, 569.360 to 569.495, 570.010 to 570.050, 570.105 to 570.190, 570.305, 570.310, 570.320 to 570.360,…
A person may file a claim for just compensation under ORS 195.305 and 195.310 to 195.314 after June 28, 2007, if: The person is an owner of the property and all owners of the property have consented in writing to the filing of the claim; The person’s desired use of the property is a residential use or a farming or forest practice; The person’s desired use…
A person filing a claim under ORS 195.310 shall file the claim in the manner provided by this section. If the property for which the claim is filed has more than one owner, the claim must be signed by all the owners or the claim must include a signed statement of consent from each owner. Except as provided in subsection (2) of this section, only one claim fo…
A public entity that receives a complete claim as described in ORS 195.312 shall provide notice of the claim at least 30 days before a public hearing on the claim or, if there will not be a public hearing, at least 30 days before the deadline for submission of written comments, to: All owners identified in the claim; All persons described in ORS 197.797 (2…
In addition to any other notice required by law, a county must give notice of a Measure 37 permit for property located entirely outside an urban growth boundary to: The county assessor for the county in which the property is located; A district or municipality that supplies water for domestic, municipal or irrigation uses and has a place of use or well loc…
A person that is adversely affected by a final determination of a public entity under ORS 195.310 to 195.314 or sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, may obtain judicial review of that determination under ORS 34.010 to 34.100, if the determinat…
The Governor shall appoint an individual to serve, at the pleasure of the Governor, as the Compensation and Conservation Ombudsman. The ombudsman must be an individual of recognized judgment, objectivity and integrity who is qualified by training and experience to: Analyze problems of land use planning, real property law and real property valuation; and F…
For the purpose of helping to ensure that a claim is complete, as described in ORS 195.312, the Compensation and Conservation Ombudsman may review a proposed claim if the review is requested by a claimant that intends to file a claim under ORS 195.305 and 195.310 to 195.314. At the request of the claimant or the public entity reviewing a claim, the ombudsma…
If an owner submits an application for a comprehensive plan or zoning amendment, or submits an application for an amendment to the Metro urban growth boundary, and Metro, a city or a county approves the amendment, the owner is not entitled to relief under ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chap…
An appraiser certified under ORS 674.310 or registered under ORS 308.010 may carry out the appraisals required by ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010. The Department of Land Conservation and Development is authorized…
Except as provided in this section, a claimant’s acquisition date is the date the claimant became the owner of the property as shown in the deed records of the county in which the property is located. If there is more than one claimant for the same property under the same claim and the claimants have different acquisition dates, the acquisition date is the e…
For the purposes of ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, a document is filed on the date the document is received by the public entity.
For the purposes of ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, the fair market value of property is the amount of money, in cash, that the property would bring if the property was offered for sale by a person who desires t…
If any part of ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, is held to be unconstitutional or otherwise invalid, all remaining parts of ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 t…
The Compensation and Conservation Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Compensation and Conservation Fund shall be credited to the fund. The fund consists of moneys received by the Department of Land Conservation and Development under ORS 195.305 to 195.336 and sections 5 to …
All municipalities and counties shall: Develop a policy that recognizes the social nature of the problem of homeless individuals camping on public property. Implement the policy as developed, to ensure the most humane treatment for removal of homeless individuals from camping sites on public property. Note: 195.500 to 195.510 were enacted into law by the …
A policy developed pursuant to ORS 195.500 shall conform, but is not limited, to the following provisions. As used in this section, “personal property” means any item that can reasonably be identified as belonging to an individual and that has apparent value or utility. Except as provided in subsection (9) of this section, at least 72 hours before removing…
As used in ORS 195.500 to 195.510, “camping site” does not include: Public property that is a day use recreational area. Public property that is a designated campground and occupied by an individual under an agreement with a municipality or county. Note: See note under 195.500.
The Department of Transportation may enter into an intergovernmental agreement with a city that has a population of 500,000 or more for the removal, storage and disposition of personal property deposited, left or displayed on property that is owned by the department. The city shall prioritize removal of personal property that is within the right of way of a …
Any political subdivision may allow any public or private entity to allow overnight camping by homeless individuals living in vehicles on the property of the entity. A political subdivision may impose reasonable conditions upon offering camping space under this section, including establishing a maximum number of vehicles allowed. Entities providing camping…
As used in this section: “City or county law” does not include policies developed pursuant to ORS 195.500 or 195.505. “Keeping warm and dry” means using measures necessary for an individual to survive outdoors given the environmental conditions. “Keeping warm and dry” does not include using any measure that involves fire or flame. “Public property” has t…
If changes in the urban growth boundary of a local government must be included in the boundaries of a mass transit district formed under ORS 267.107, the local government shall provide the mass transit district with a legal description of the urban growth boundary and changes to the urban growth boundary that consists of a series of courses in which the firs…
As used in this section, “final engineering plans” means the detailed engineering plans and reports for the design or construction of public and private infrastructure improvements that require review and approval following tentative plat approval by a local government before issuing site development permits, including plans and reports for the construction …
As used in this section: “Alarm system” means any electrical, mechanical or electronic device or sensor used to prevent, detect or alert law enforcement or occupants of burglary, theft, or intrusion of a structure or a vehicle used as a commercial structure. “Battery-charged fence” means a fence that interfaces with an alarm system in a manner that enables…
The governing body of a county or city or its designee may not allow or permit a wind energy facility, as defined in ORS 195.902, unless the person seeking to develop or repower the wind energy facility provides proof that the person is in compliance with the requirements in ORS 195.902 (3)(a). [2025 c.74 §2] Note: Section 3, chapter 74, Oregon Laws 2025, p…
As used in this section: “Hub height” means the distance from the ground to the middle of a wind-powered turbine’s rotor. “Light-mitigating technology system” means a system approved by the Federal Aviation Administration that is capable of reducing the impact of obstruction lighting while maintaining conspicuity sufficient to assist aircraft in identifyin…
As used in this section: “Electric company” means an electric company, as defined in ORS 757.600, that owns and operates a transmission system and sells more than 2 million megawatt hours of electricity in a calendar year. “Footprint” means an area that is being actively managed and is part of a right-of-way of an existing transmission line. “Transmission…