Oregon Revised Statutes
As used in ORS 197.475 to 197.493 and ORS chapter 197A: “Allocated housing need” means the housing need allocated to a city under ORS 184.453 (2) as segmented by income level under ORS 184.453 (4). “Buildable lands” means lands in urban and urbanizable areas that are suitable, available and necessary for the development of needed housing over a 20-year pl…
As used in ORS chapter 197A, and except as provided in subsection (2) of this section: “Needed housing” means housing by affordability level, as described in ORS 184.453 (4), type, characteristics and location that is necessary to accommodate the city’s allocated housing need over the 20-year planning period in effect when the city’s housing capacity is det…
ORS chapter 197A does not require a city or county to contribute to the financing, administration or sponsorship of government assisted housing.
In adopting rules under ORS chapter 197A and statewide planning goals relating to housing or urbanization, or administering the rules or statutes, the Land Conservation and Development Commission and Department of Land Conservation and Development shall be guided by the following principles: Housing that is safe, accessible and affordable in the community o…
The Department of Land Conservation and Development may provide technical assistance and award grants to local governments to enable them to implement the provisions of ORS chapter 197A and to take other actions to incentivize the production of needed housing within the jurisdiction of the local government. Note: 197A.030 was enacted into law by the Legisla…
A city with a population of 10,000 or greater shall develop and adopt a housing production strategy under this section no later than the latter of the date: One year after the city’s deadline for completing a housing capacity determination under ORS 197A.270 (2), 197A.280 (2) or 197A.335 (1); or If the city was referred to the housing acceleration program …
No later than 20 days after a city’s adoption or amendment of a housing production strategy under ORS 197A.100, a city shall submit the adopted strategy or amended strategy to the Department of Land Conservation and Development. The submission under subsection (1) of this section must include copies of: The signed decision adopting the housing production s…
No later than February 1 of each year, each city with a population of 10,000 or greater shall submit to the Department of Land Conservation and Development a report for the immediately preceding calendar year setting forth: The number of residential units permitted and the number produced, segmented by: Single-family homes. Accessory dwelling units. Unit…
Between 12 and 18 months before a city’s deadline for completing a housing capacity determination under ORS 197A.270 (2), 197A.280 (2) or 197A.335 (1), each city with a population of 10,000 or greater shall submit to the Department of Land Conservation and Development a report setting forth the actions that a city has taken since its most recent housing capa…
The Land Conservation and Development Commission, in consultation with the Housing and Community Services Department, shall adopt criteria for reviewing and identifying cities with a population greater than 10,000 that have not sufficiently: Achieved production of needed housing within their jurisdiction; or Implemented a housing production strategy adopte…
The availability of affordable, decent, safe and sanitary housing opportunities for persons of lower, middle and fixed income, including agriculture workforce housing, is a matter of statewide concern. Many persons of lower, middle and fixed income depend on government assisted housing as a source of affordable, decent, safe and sanitary housing. A local g…
Upon request of the Department of Land Conservation and Development, the Housing and Community Services Department shall review the inventory and analysis of housing, and measures taken to address the housing need, required of certain local governments under ORS 197A.270, 197A.280, 197A.335 or 197A.350. The review shall address the likely effect of measures …
At the time that a city is required to inventory its buildable lands under ORS 197A.270, 197A.280 or 197A.335 (1), the city shall inventory its development-ready lands. If the total housing production target is greater than the housing capacity of development-ready lands, the local government shall take any actions in ORS 197A.100 that demonstrably prepare…
A local government may make a land use decision to approve an application to remove a lot or parcel from within an urban growth boundary if: The application is submitted by the owner of the lot or parcel; The lot or parcel is adjacent to the edge of the urban growth boundary; or The lot or parcel is adjacent to another lot or parcel that is removed under …
As used in ORS 197A.230 to 197A.250. “Rural reserve” means land reserved to provide long-term protection for agriculture, forestry or important natural landscape features that limit urban development or help define appropriate natural boundaries of urbanization, including plant, fish and wildlife habitat, steep slopes and floodplains. “Urban reserve” means…
The Legislative Assembly finds that: Long-range planning for population and employment growth by local governments can offer greater certainty for: The agricultural and forest industries, by offering long-term protection of large blocks of land with the characteristics necessary to maintain their viability; and Commerce, other industries, other private la…
A county and a city or a county and Metro may enter into an intergovernmental agreement pursuant to ORS 190.003 to 190.130, 195.025 or 197.652 to 197.658 to designate rural reserves pursuant to this section at the same time as designating urban reserves pursuant to ORS 197A.245 . Land designated as a rural reserve: Must be outside an urban growth boundary…
A county and Metro must consider simultaneously the designation and establishment of: Rural reserves pursuant to ORS 197A.235; and Urban reserves pursuant to ORS 197A.245 (1)(b). An agreement to establish rural reserves pursuant to ORS 197A.235 and urban reserves pursuant to ORS 197A.245 (1)(b) must provide for a coordinated and concurrent process for ado…
To ensure that the supply of land available for urbanization is maintained: Local governments may cooperatively designate lands outside urban growth boundaries as urban reserves subject to ORS 197.610 to 197.625 and 197.626. Alternatively, Metro and a county or a city and a county may enter into a written agreement pursuant to ORS 190.003 to 190.130, 195.0…
For purposes of land use planning in Oregon, the Legislative Assembly designates the land in Washington County that was designated as rural reserve in Metro Resolution No. 11-4245, adopted on March 15, 2011, as the acknowledged rural reserve in Washington County, except that: The Legislative Assembly does not designate as rural reserves the real property in…
This section applies only to local governments with jurisdiction over lands inside the urban growth boundary of: Cities located outside Metro with a population of 25,000 or greater; and Cities that meet factors established by Land Conservation and Development Commission in consideration of the city’s size, rate of population growth or proximity to another …
This section applies only to cities that are not within Metro or described in ORS 197A.270 (1). The actions required under subsection of this section must be undertaken: At periodic review pursuant to ORS 197.628 to 197.651; On a schedule established by the Land Conservation and Development Commission for cities with a population of 10,000 or greater, n…
A city outside Metro shall comply with this section when determining which lands to include within the urban growth boundary of the city, including when amending an urban growth boundary under ORS 197A.270 (5)(a), 197A.310 or 197A.312. The Land Conservation and Development Commission shall provide, by rule, that: When evaluating lands for inclusion within …
As used in ORS 197A.285 to 197A.325, “serviceable” means, with respect to land, that: Adequate sewer, water and transportation capacity for planned urban development is available or can be either provided or made subject to committed financing; or Committed financing can be in place to provide adequate sewer, water and transportation capacity for planned u…
The purpose of ORS 197A.285 to 197A.325 is to direct the Land Conservation and Development Commission to develop and adopt simplified methods for a city that is outside Metro to evaluate or amend the urban growth boundary of the city. The commission should design the methods to: Become, as a result of reduced costs, complexity and time, the methods that are…
As an alternative to the method prescribed in ORS 197A.270 (5)(a), the Land Conservation and Development Commission shall adopt by rule methods by which a city that is outside Metro may evaluate or amend the urban growth boundary of the city. A city outside Metro may use the methods adopted pursuant to: ORS 197A.310 if the city has a population of less tha…
As an alternative to the method prescribed in ORS 197A.270 , the Land Conservation and Development Commission shall adopt a method by which a city outside Metro that has a population of less than 10,000 may evaluate or amend its urban growth boundary. The commission shall design the method so that: A city using the method: Will have within its boundaries…
As an alternative to the method prescribed in ORS 197A.270 (5)(a), the Land Conservation and Development Commission shall adopt a method by which a city outside Metro that has a population of 10,000 or greater may evaluate or amend its urban growth boundary. The commission shall design the method so that: A city using the method: Will have within its boun…
As used in this section, “district” means: A domestic water supply district organized under ORS chapter 264. A parks and recreation district organized under ORS chapter 266. A sanitary district organized under ORS 450.005 to 450.245. A rural fire protection district organized under ORS chapter 478. When a city evaluates or amends the urban growth bounda…
No operative statutory text appears at this designation in the selected edition.
Notwithstanding ORS 197.626, when a city evaluates or amends the urban growth boundary of the city pursuant to ORS 197A.310 or 197A.312, the Land Use Board of Appeals has jurisdiction for review of a final decision of the city. The board shall review the final decision of the city under ORS 197A.285 to 197A.325 as provided in ORS 197.805 to 197.855, except …
At least once every six years, by a date scheduled by the Land Conservation and Development Commission, a city that is within Metro and has a population of 10,000 or greater shall: Inventory the supply of buildable lands within the city and determine the housing capacity of the buildable lands; and Conduct an analysis of the city’s existing and projected n…
As used in ORS 197A.350 and this section, “needed housing” means all housing on land zoned for residential use or mixed residential and commercial use that is determined to meet the need shown for housing within an urban growth boundary at price ranges and rent levels that are affordable to households within the county with a variety of incomes, including bu…
This section applies only to Metro. Metro shall demonstrate that its regional framework plan provides sufficient buildable lands within the urban growth boundary established pursuant to statewide planning goals to accommodate estimated housing needs for 20 years: At periodic review under ORS 197.628 to 197.651; As scheduled by the Land Conservation and De…
In addition to any requirements established by rule addressing urbanization, land may not be included within an urban growth boundary of Metro except under the following priorities: First priority is land that is designated urban reserve land under ORS 197A.245, rule or Metro action plan. If land under paragraph (a) of this subsection is inadequate to acc…
For the purpose of land use planning in Oregon, the Legislative Assembly designates the urban growth boundary designated in Metro Ordinance No. 11-1264B, adopted October 20, 2011, as the acknowledged urban growth boundary of Metro, subject to the conditions of approval in the ordinance, except that: The real property in Area 7C on Metro’s map denominated as…
Metro shall complete the inventory, determination and analysis required under ORS 197A.350 (3) not later than six years after completion of the previous inventory, determination and analysis. Metro shall take such action as necessary under ORS 197A.350 (6)(a) to accommodate one-half of a 20-year buildable land supply determined under ORS 197A.350 within on…
Metro shall develop and adopt a housing coordination strategy under this section no later than one year after the deadline for completing a housing capacity determination under ORS 197A.350. Regional governments other than Metro, including counties or intergovernmental entities described under ORS 190.003 to 190.130, may adopt a housing coordination strateg…
A metropolitan service district organized under ORS chapter 268 shall compile and report to the Department of Land Conservation and Development on performance measures as described in this section at least once every two years. The information shall be reported in a manner prescribed by the department. Performance measures subject to subsection of this sec…
After gathering and compiling information on the performance measures as described in ORS 197A.370 but prior to submitting the information to the Department of Land Conservation and Development, Metro shall determine if actions taken under ORS 197A.350 (6) have established the buildable land supply and housing densities necessary to accommodate estimated hou…
A local government may not prohibit from all residential zones attached or detached single-family housing, multifamily housing for both owner and renter occupancy, manufactured homes or prefabricated structures. A city or county may not prohibit government assisted housing or impose additional approval standards on government assisted housing that are not ap…
Except as provided in subsection of this section, a local government may adopt and apply only clear and objective standards, conditions and procedures regulating the development of housing, including needed housing, on land within an urban growth boundary. The standards, conditions and procedures: May include, but are not limited to, one or more provisions…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
As used in this section: “City” or “city with a population of 25,000 or greater” includes, regardless of size, any city within Tillamook County and the communities of Barview/Twin Rocks/Watseco, Cloverdale, Hebo, Neahkahnie, Neskowin, Netarts, Oceanside and Pacific City/Woods. “Cottage clusters” means groupings of no fewer than four detached housing units …
A city with a population greater than 2,500 or a county with a population greater than 15,000 shall allow in areas within the urban growth boundary that are zoned for detached single-family dwellings the development of at least one accessory dwelling unit for each detached single-family dwelling, subject to reasonable local regulations relating to siting and…
As used in this section, “single room occupancy” means a residential development with no fewer than four attached units that are independently rented and lockable and provide living and sleeping space for the exclusive use of an occupant, but require that the occupant share sanitary or food preparation facilities with other units in the occupancy. Within an…
As used in this section: “Affordable housing” means residential property: In which: Each unit on the property is made available to own or rent to families with incomes of 80 percent or less of the area median income; The average of all units on the property is made available to families with incomes of 60 percent or less of the area median income; or A …
Notwithstanding an acknowledged comprehensive plan or land use regulations, within an urban growth boundary a local government shall allow, on lands zoned to allow only commercial uses and not industrial uses, the siting and development of: Residential structures subject to an affordable housing covenant as provided in ORS 456.270 to 456.295 making each uni…
As used in this section: “Affordable housing” means housing that is affordable to households with incomes equal to or higher than 80 percent of the median family income for the county in which the housing is built. “Multifamily structure” means a structure that contains three or more housing units sharing at least one wall, floor or ceiling surface in comm…
As used in this section: “Affordable housing” means housing that is affordable to households with incomes equal to or less than 60 percent of the median family income for the county in which the development is built or for the state, whichever is greater, that is subject to an affordable housing covenant, as provided in ORS 456.270 to 456.295, that maintain…
As used in ORS 197A.500 to 197A.521, unless the context requires otherwise: “Affected local governments” means the cities and the counties within which the project improvements will be located. “Criteria” means the land use criteria established by the Land Conservation and Development Commission as provided in ORS 197A.505. “Development approval” means ap…
The Legislative Assembly finds that there is a compelling state interest in obtaining maximum federal funding for the Southwest Corridor MAX Light Rail Project in order to: Enhance the statewide transportation network; Ensure the viability of the transportation system planned for the Portland metropolitan area; Complete construction of the project in a ti…
Notwithstanding ORS chapters 183, 192, 195, 197, 197A, 215 and 227 or any other provision of law, the procedures and requirements provided for in ORS 197A.500 to 197A.521 expressly preempt any vote requirements imposed by the charter of a local government and are the only land use procedures and requirements to which land use decisions and land use approvals…
The Land Conservation and Development Commission shall establish criteria, according to the procedure described in this section, to be used by the Metro Council to make decisions in a land use final order on the project improvements for the project, including their locations. The commission shall hold a public hearing on the criteria to be established by th…
Notwithstanding ORS 183.400, 183.482, 183.484, 197.825 or any other law or regulation, exclusive jurisdiction to review a Land Conservation and Development Commission order establishing criteria under ORS 197A.505 is conferred on the Supreme Court. Proceedings for review of an order by the commission shall be initiated when any person who is adversely affec…
On or before the date the Land Conservation and Development Commission adopts the order establishing the criteria under ORS 197A.505, Metro shall establish a steering committee, the initial membership of which shall include a representative from each of the following: Metro; TriMet; The Department of Transportation; and Each affected local government. T…
Following a public hearing as provided in ORS 197A.509, the Metro Council shall either: Adopt a land use final order establishing the project improvements and locations applied for by TriMet; or Continue the public hearing and refer the proposed project improvements and locations back to TriMet for further review. If the council refers the proposed locati…
The state, Metro, all affected local governments and any affected special districts and political subdivisions shall: Amend their comprehensive, functional or regional framework plans, including public facility plans, transportation system plans and all applicable land use regulations, as necessary to be consistent with a land use final order adopted under …
Notwithstanding ORS 183.482, 183.484 or 197.825 and as provided by ORS 197A.500 to 197A.521, the Land Use Board of Appeals and the Supreme Court have exclusive jurisdiction for review of a land use final order adopted under ORS 197A.511 relating to the project. Proceedings for review of a land use final order shall be initiated with the Land Use Board of Ap…
Review of the final opinion of the Land Use Board of Appeals shall be initiated when any person that appeared before the Land Use Board of Appeals under ORS 197A.515 petitions the Supreme Court to review the board’s final opinion as provided in this section. Within 14 days following the board’s issuance of its final opinion, the petitioner shall file a pet…
Following execution of a Full Funding Grant Agreement, the Metro Council shall amend the land use final order to be consistent with the terms and conditions of the Full Funding Grant Agreement. The council shall remove, modify or defer one or more project improvements or measures if: The federal government requires the removal, modification or deferral of …
An action taken by the Land Conservation and Development Commission, the Metro Council, the Land Use Board of Appeals or the Supreme Court under ORS 197A.500 to 197A.521 is not invalid due to a failure to meet a timeline established under ORS 197A.500 to 197A.521. Note: See note under 197A.500.