Oregon Revised Statutes
As used in this chapter: “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 planning period, including both va…
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 and federally recognized Indian tribes in this state to enable local governments to implement the provisions of ORS chapter 197A and to enable local governments and tribes to take other actions to incentivize the production of needed hou…
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…
Each year, by a date established by the Department of Land Conservation and Development, each city with a population of 10,000 or greater shall submit to the department a report for the immediately preceding calendar year setting forth: The number of residential units permitted and the number produced, segmented by: Single-unit dwellings. Accessory dwelli…
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…
In developing and implementing this section and performing its duties under ORS 197.319 (4), the Department of Land Conservation and Development shall be guided by ORS 197A.025 (1) and the following principles: Increasing housing production; Developing affordable and equitable housing; Forming partnerships with cities and with other public bodies; Respon…
Notwithstanding any other requirement applicable to a land use decision under ORS chapter 197 or 197A, for an application that is reviewed as an expedited land division based on the request of the applicant: A decision is not subject to the requirements of ORS 197.797. A local government: Shall make a decision to approve or deny the application within 63 …
If requested by the applicant, a local government shall approve a partition or subdivision made under ORS 92.010 to 92.192, 92.205 to 92.245 or 92.830 to 92.845 as an expedited land division under ORS 197A.140 if the division: Includes only land that is zoned for residential uses and is within an urban growth boundary. Is solely for the purposes of residen…
This section applies only to a land use decision for residential development based on an application for: A zone change to allow for a denser residential use designation; A planned unit development; or A variance from a residential approval standard. This section applies only to an application for land that is, at the time of the application: Inside the…
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 …
A local government may identify land inside an urban growth boundary for which the local government intends to provide urban services within the next five to seven years. The local government may evidence its intent by adopting a capital improvement plan reasonably designed to provide the urban services. A local government that identifies an area for planne…
Upon the sale of a lot or parcel located inside an urban growth boundary that is assessed at its value for farm use under ORS 308A.050 to 308A.128, the lot or parcel shall be disqualified for farm use assessment if: The lot or parcel is in an area identified for urban services under ORS 197A.207; and The urban services are available by ordinance for urbani…
At the time that a city is required to inventory its buildable lands under ORS 197A.270 (2), 197A.280 (2) 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 (3) that demonstra…
A local government may convene a land use proceeding to adopt a refinement plan for a neighborhood or community within its jurisdiction and inside the urban growth boundary as provided in this section. A refinement plan is more detailed than a comprehensive plan and applies to a specific geographic area. A refinement plan shall: Establish efficient density…
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 …
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 subject to the application from any inventory of buildable lands maintained by the local government. The local government shall compensate for the resulting reduction in available buildable lands either by inc…
Lands within urban growth boundaries shall be available for urban development concurrent with the provision of key urban facilities and services in accordance with locally adopted development standards. Notwithstanding subsection (1) of this section, lands not needed for urban uses during the planning period may be designated for agricultural, forest or oth…
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 (1). Land designated as a rural reserve: Must be outside an urban growth bounda…
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 the Land Conservation and Development Commission in consideration of the city’s size, rate of population growth or proximity to anot…
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 with a population of 50,000 or greater shall meet its obligation under ORS chapter 197A separately from any other city within Lane County. The city shall, separately from any other city: E…
This section applies only to cities that are not within Metro or described in ORS 197A.270 (1). The actions required under subsection (3) 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,…
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.300 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.300 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 (5)(a), 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 bound…
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…
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 and 197A.300 to 197A.325 as provided in ORS 197.805 to 197…
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 determine its needed housing under ORS 197A.018 and inventory the supply of buildable lands within the city and determine the housing capacity of the buildable lands. The housing …
As used in this section, “Metro urbanizable lands” means lands within the Metro urban growth boundary that are not within a city and are not Metro urban unincorporated land. In fulfilling a requirement to comply with this chapter, a local government may plan for the appropriate urbanization of Metro urbanizable lands, by using methods including adjacent urb…
Notwithstanding the definition of “needed housing” in ORS 197A.018, 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 …
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 acco…
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 (3) within…
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…
Metro 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 (1) of this section shall be adopted by Metro and shall include but ar…
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…
Within an urban growth boundary, a local government shall allow a residential treatment facility or residential treatment home, as those terms are defined in ORS 443.400, without requiring a plan amendment, zone change or conditional use permit for property that is: Owned by a public body, as defined in ORS 174.109; or Zoned for: Residential uses; Commer…
Within an urban growth boundary, a local government shall allow a crisis stabilization center as defined in ORS 430.626 and licensed under ORS 430.627, and may not require a plan amendment, zone change or conditional use permit for the property on which the facility is sited if the property is: Owned by a public body, as defined in ORS 174.109; and Adjacen…
A local government may not prohibit from all residential zones attached or detached single-unit or multiunit 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 applied to s…
Except as provided in subsection (3) of this section, a local government may adopt and apply only clear and objective standards, conditions and procedures regulating: The development of housing; and Tree removal codes related to the development of housing. The standards, conditions and procedures: May include, but are not limited to, one or more provisio…
As used in this section: “Partition” has the meaning given that term in ORS 92.010. “Permit” means a permit as defined in ORS 215.402 and a permit as defined in ORS 227.160. “Subdivision” has the meaning given that term in ORS 92.010. A local government shall approve an application for a permit, authorization or other approval necessary for the subdivisi…
The definitions in ORS 197A.420 apply to this section. The Land Conservation and Development Commission may adopt rules requiring local governments to issue a land use decision, notwithstanding any comprehensive plan or land use regulations or statewide land use planning goals, approving the development of specified residential development types on certain …
As used in this section and ORS 197A.421: “City” includes a local government with jurisdiction over unincorporated lands within an urban growth boundary. “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, Neta…
As used in this section: “Accessible unit” means a unit of housing that complies with the “Type A” requirements applicable to units as set forth in the Standard for Accessible and Usable Buildings and Facilities published by the International Code Council and as referenced by the state building code. “Affordable unit” means a unit of housing that is subjec…
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-unit dwellings the development of at least one accessory dwelling unit for each detached single-unit dwelling, subject to reasonable local regulations relating to siting and des…
As used in this section, “single room occupancy” means a residential development with no fewer than four attached or detached 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…
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 boundaries to allow persons and families a choice of residential settings.
Notwithstanding any other provision in ORS chapter 197A, within an urban growth boundary, a local government shall allow the siting of manufactured homes and prefabricated structures on all land zoned to allow the development of single-unit dwellings. This section does not apply to any area designated in an acknowledged comprehensive plan or land use regula…
A jurisdiction may not prohibit placement of a manufactured dwelling, due solely to its age, in a mobile home or manufactured dwelling park in a zone with a residential density of eight to 12 units per acre. A jurisdiction may not prohibit placement of a manufactured dwelling, due solely to its age, on a buildable lot or parcel located outside urban growth …
Each city and county governing body shall provide for mobile home or manufactured dwelling parks as an allowed use: By zoning ordinance and by comprehensive plan designation on buildable lands within urban growth boundaries; and In areas planned and zoned for a residential density of six to 12 units per acre sufficient to accommodate the need established p…
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, which is planned or zoned for commercial or industrial use. Notwithstanding the provisions of subsection (1) of this section, if no other access is available, access to a mobile home or manufactured dwelling park …
As used in this section, “natural disaster” includes any disaster resulting in the declaration of a state of emergency under ORS 401.165 or 401.309 for wildfires, floods, tsunamis, earthquakes or similar events, including disasters began by negligent or intentional acts. Notwithstanding ORS 215.130 (5) to (11) or any land use regulation, statewide land use …
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 …
A local government shall allow home start lands to be divided, replatted, developed or used for single-family housing, middle housing or more dense residential uses for which the land is zoned. A local government may adopt, by ordinance, application approval, siting or development regulations consistent with this section for the specific purpose of regulati…
Except as provided in this section and notwithstanding any statewide land use planning goals or land use regulations, a local government shall unconditionally allow the conversion of the lawful use of a property: From use as a hotel or motel, to use as an emergency shelter. From use as a hotel or motel, or a hotel or motel that was converted to an emergenc…
Inside an urban growth boundary, a local government may authorize the establishment of transitional housing accommodations used as individual living units by one or more individuals. Use of transitional housing accommodations is limited to individuals who lack permanent or safe shelter and who cannot be placed in other low income housing. A local government …
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. “Multiunit housing” means a structure that contains three or more housing units sharing at least one wall, floor or ceiling surface in common w…
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 peti…
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. HOUSING ACCOUNTABILITY AND PRODUCTION OFFICE
The Department of Land Conservation and Development and the Department of Consumer and Business Services shall enter into an interagency agreement to establish and administer the Housing Accountability and Production Office. The Housing Accountability and Production Office shall: Provide technical assistance, including assistance through grants, to local g…
The Housing Accountability and Production Office shall establish a form or format through which the office receives allegations of local governments’ violations of housing laws that impact housing production. For complaints that relate to a specific development project, the office may receive complaints only from the project applicant. For complaints not rel…
The Housing Accountability and Production Office may request an enforcement order under ORS 197A.805 (4)(a) requiring that a local government take action necessary to bring its comprehensive plan, land use regulation, limited land use decisions or other land use decisions or actions into compliance with a housing law, except for a housing law that pertains t…
The Housing Accountability and Production Office Fund is established in the State Treasury, separate and distinct from the General Fund. The Housing Accountability and Production Office Fund consists of moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise. Interest earned by the fund shall be credite…