Oregon Law
Law as of Jan 1, 2024
Chapter contents
197.005Legislative findings 197.010Policy 197.012Compact urban development 197.013Implementation and enforcement are of statewide concern 197.015Definitions for ORS chapters 195, 196, 197 and 197A 197.020Land use decision considerations 197.022Policy regarding ORS 215.433 and 227.184 197.030Land Conservation and Development Commission; members; appointment; confirmation; term; vacancies 197.035Officers; quorum; compensation and expenses 197.040Duties of commission; rules 197.045Powers of commission 197.047Notice to local governments and property owners of changes to commission rules or certain statutes; form; distribution of notice; costs 197.050Interstate agreements and compacts; commission powers 197.055[1973 c.80 §16; repealed by 1977 c.664 §42] 197.060Biennial report; draft submission to legislative committee; contents 197.065Biennial report analyzing uses of certain land; annual local government reports 197.070Public inspection of assessments prepared by commission 197.075Department of Land Conservation and Development 197.080[1973 c.80 §55; 1977 c.664 §10; 1981 c.748 §21c; repealed by 2007 c.354 §1] 197.085Director; appointment; compensation and expenses 197.090Duties and authority of director; appealing local land use decision; rules 197.095Land Conservation and Development Account 197.125[1973 c.80 §22; repealed by 2007 c.354 §1] 197.130[1973 c.80 §23; 1975 c.530 §6; 1977 c.891 §8; 1981 c.748 §23; 1987 c.158 §33; repealed by 2007 c.354 §1] 197.135[1973 c.80 §24; 1981 c.748 §24; repealed by 2007 c.354 §1] 197.158Policy-neutral review and audit of statewide land use program 197.160State Citizen Involvement Advisory Committee; city and county citizen advisory committees 197.165Local Officials Advisory Committee 197.173Findings regarding coordination between state agencies and local governments 197.175Cities’ and counties’ planning responsibilities; rules on incorporations; compliance with goals 197.178[1997 c.763 §5; 2011 c.354 §1; 2017 c.745 §9; repealed by 2023 c.13 §39] 197.180State agency planning responsibilities; determination of compliance with goals and compatibility with plans; coordination between agencies and local governments; rules; exceptions 197.183Local government to notify Department of Aviation of applications received for certain water impoundments 197.185[1973 c.80 §20; 1977 c.664 §14; 1981 c.748 §26; 1993 c.804 §1; renumbered 195.020 in 1993] 197.186Removal from buildable lands inventory of land subject to open space tax assessment; reapplication for assessment 197.190[1973 c.80 §19; 1977 c.664 §15; 1981 c.748 §27; 1983 c.350 §1; renumbered 195.025 in 1993] 197.195Limited land use decision; procedures 197.200Refinement plan; procedures for land division, site or design review within area subject to plan 197.225Preparation; adoption 197.230Considerations; finding of need required for adoption or amendment of goal 197.235Public hearings; notice; citizen involvement implementation; submission of proposals 197.240Commission action; public hearing; notice; amendment; adoption 197.245Commission amendment of initial goals; adoption of new goals 197.247[1983 c.826 §2; repealed by 1993 c.792 §55] 197.250Compliance with goals required 197.251Compliance acknowledgment; commission review; rules; limited acknowledgment; compliance schedule 197.252[1977 c.664 §20a; 1979 c.772 §7a; repealed by 1981 c.748 §56] 197.253Participation in local proceedings required for submitting comments and objections 197.254Bar to contesting acknowledgment, appealing or seeking amendment 197.255[1973 c.80 §39; 1981 c.748 §29b; 1983 c.827 §57a; renumbered 195.035 in 1993] 197.256Acknowledgment deadline for newly incorporated cities 197.260[1973 c.80 §44; 1981 c.748 §29c; renumbered 195.040 in 1993] 197.265State compensation for costs of defending compliance actions 197.270Copies of comprehensive plan and land use regulations; post review 197.274Review of Metro regional framework plan 197.275[1973 c.80 §40; 1977 c.664 §21; repealed by 1981 c.748 §56] 197.277Oregon Forest Practices Act; exclusion 197.279Approved wetland conservation plans comply with goals; exception; rules 197.280[1973 c.80 §41; repealed by 1977 c.664 §42 and 1977 c.766 §16] 197.283Commission to assure protection of ground water resources 197.285[1973 c.80 §42; repealed by 1981 c.748 §56] 197.286[Formerly 197.295; 2022 c.54 §5; 2023 c.13 §12; 2023 c.283 §1; 2023 c.326 §8; renumbered 197A.015 in 2023] 197.290[2019 c.640 §4; 2021 c.164 §3; 2023 c.13 §28; 2023 c.326 §15; renumbered 197A.100 in 2023] 197.291[2019 c.640 §5; 2023 c.13 §31; 2023 c.326 §17; renumbered 197A.103 in 2023] 197.293[2019 c.640 §6; renumbered 197A.130 in 2023] 197.295[1981 c.884 §4; 1983 c.795 §1; 1987 c.785 §1; 1989 c.648 §51; 1991 c.226 §16; 1991 c.612 §12; 1995 c.79 §73; 1995 c.547 §2; 2019 c.422 §29; renumbered 197.286 in 2019] 197.296[1995 c.547 §3; 2001 c.908 §1; 2003 c.177 §1; 2015 c.27 §19; 2017 c.102 §1; 2019 c.639 §5; 2019 c.640 §8a; 2021 c.164 §3a; 2023 c.13 §25; 2023 c.326 §13; renumbered 197A.350 in 2023] 197.297[2021 c.164 §2; 2023 c.13 §26; renumbered 197A.335 in 2023] 197.298[1995 c.547 §5; 1999 c.59 §56; 2013 c.575 §12; 2023 c.13 §77; renumbered 197A.355 in 2023] 197.299[1997 c.763 §2; 2001 c.908 §2; 2005 c.590 §1; 2007 c.579 §2; 2014 c.92 §5; 2017 c.199 §1; 2019 c.640 §9; 2021 c.164 §4; 2023 c.13 §78; renumbered 197A.362 in 2023] 197.300[1973 c.80 §51; 1977 c.664 §22; repealed by 1979 c.772 §26] 197.301[1997 c.763 §3; renumbered 197A.370 in 2023] 197.302[1997 c.763 §4; 2001 c.908 §3; 2023 c.13 §79; renumbered 197A.372 in 2023] 197.303[1981 c.884 §6; 1983 c.795 §2; 1989 c.380 §1; 2011 c.354 §2; 2017 c.745 §4; 2019 c.639 §6; 2019 c.640 §10a; 2023 c.13 §27; 2023 c.223 §18a; 2023 c.326 §14; renumbered 197A.348 in 2023] 197.304[2007 c.650 §2; 2023 c.13 §80; renumbered 197A.278 in 2023] 197.305[1973 c.80 §52; 1977 c.664 §23; repealed by 1979 c.772 §26] 197.307[1981 c.884 §5; 1983 c.795 §3; 1989 c.380 §2; 1989 c.964 §6; 1993 c.184 §3; 1997 c.733 §2; 1999 c.357 §1; 2001 c.613 §2; 2011 c.354 §3; 2017 c.745 §5; 2019 c.401 §§7,14; 2022 c.54 §2; 2023 c.13 §81; 2023 c.533 §1; subsections (1) to (3) renumbered 197A.200 and subsections (4) to (7) renumbered 197A.400 in 2023] 197.308[2021 c.385 §1; 2022 c.47 §4; 2023 c.334 §6; 2023 c.521 §1a; 2023 c.548 §1; renumbered 197A.445 in 2023] 197.309[1999 c.848 §2; 2007 c.691 §8; 2016 c.59 §1; 2019 c.412 §1; renumbered 197A.465 in 2023] 197.310[1973 c.80 §53; 1977 c.664 §24; repealed by 1979 c.772 §26] 197.311[2017 c.745 §1; 2021 c.446 §3; renumbered 197A.470 in 2023] 197.312[1983 c.795 §5; 1989 c.964 §7; 2001 c.437 §1; 2001 c.613 §3; 2011 c.354 §4; 2017 c.745 §6; 2018 c.15 §7; 2019 c.639 §7; 2022 c.54 §4; subsections (1) to (4) renumbered 197A.395 and subsections (5) and (6) renumbered 197A.425 in 2023] 197.313[1983 c.795 §6; 2023 c.13 §82; renumbered 197A.020 in 2023] 197.314[1993 c.184 §2; 1997 c.295 §1; 1999 c.348 §7; 2005 c.22 §139; 2011 c.354 §5; 2022 c.54 §1; renumbered 197.478 in 2023] 197.315[1973 c.80 §54; 1977 c.664 §25; repealed by 1979 c.772 §26] 197.319Procedures prior to request of an enforcement order 197.320Power of commission to order compliance with goals and plans 197.324Proceedings prior to order of compliance with goals; disclosure notice 197.325[1973 c.80 §45; repealed by 1977 c.664 §42] 197.328Procedures to consider order to comply with goals 197.330[1973 c.80 §50; repealed by 1977 c.664 §42] 197.335Order for compliance with goals; review of order; withholding grant funds; injunctions 197.340Weight given to goals in planning practice; regional diversity and needs 197.350Burden of persuasion or proof in appeal to board or commission 197.352[2005 c.1; 2007 c.354 §28; 2007 c.424 §4; renumbered 195.305 in 2007] 197.353Measure 37 timelines; death of claimant 197.360“Expedited land division” defined; applicability 197.365Application; notice to neighbors; comment period 197.370Failure of local government to timely act on application 197.375Appeal of local government to referee; Court of Appeals 197.380Application fees 197.390Activities on federal land; list; permit required; enjoining violations 197.395Application for permit; review and issuance; conditions; restrictions; review 197.400[1973 c.80 §25; 1977 c.664 §27; repealed by 1981 c.748 §56] 197.405Designation of areas of critical state concern; commission recommendation; committee review; approval by Legislative Assembly 197.410Use and activities regulated; enjoining violations 197.412Enforcement powers 197.415[1973 c.80 §27; 1977 c.664 §30; repealed by 1981 c.748 §56] 197.416Metolius Area of Critical State Concern 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] 197.428Navigational channel improvements 197.430[1973 c.80 §31; 1977 c.664 §33; 1981 c.748 §14; renumbered 197.412 in 2023] 197.431Expansion of speedway destination site 197.432Definitions for ORS 197.431 to 197.434 197.433Development of major motor speedway 197.434Traffic impacts of speedway destination 197.435Definitions for ORS 197.435 to 197.467 197.440Legislative findings 197.445Destination resort criteria; phase-in requirements; annual accounting 197.450Siting without taking goal exception 197.455Siting of destination resorts; sites from which destination resort excluded 197.460Compatibility with adjacent land uses; county measures; economic impact analysis; traffic impact analysis 197.462Use of land excluded from destination resort 197.465Comprehensive plan implementing measures 197.467Conservation easement to protect resource site 197.468Purpose 197.469Definitions for ORS 197.468 to 197.472 197.470Grant program; support by intergovernmental agreements 197.471Community Green Infrastructure Fund 197.472Advisory committee; reports 197.475Policy 197.478Siting of manufactured homes and prefabricated structures within urban growth boundaries 197.480Planning for parks; procedures; inventory 197.485Prohibition on restrictions of manufactured dwelling or prefabricated structure 197.488Replacement of park destroyed by natural disaster 197.490Restriction on establishment of park 197.492Definitions for ORS 197.492 and 197.493 197.493Placement and occupancy of recreational vehicle 197.505Definitions for ORS 197.505 to 197.540 197.510Legislative findings 197.520Manner of declaring moratorium 197.522Local government to approve subdivision, partition or construction; conditions 197.524Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits 197.530Correction program; procedures 197.540Review by Land Use Board of Appeals 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] 197.610Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development; rules 197.612Comprehensive plan or land use regulation changes to conform plan or regulations to new requirement in statute, goal or rule 197.615Submission of adopted comprehensive plan or land use regulation changes to Department of Land Conservation and Development 197.620Appeal of certain comprehensive plan or land use regulation decision-making 197.622Amendments to acknowledged comprehensive plan or land use regulation after remand from Land Use Board of Appeals 197.625Acknowledgment of comprehensive plan or land use regulation changes; application prior to acknowledgment 197.626Submission of land use decisions that expand urban growth boundary or designate urban or rural reserves 197.627Meaning of “compliance with the goals” for certain purposes 197.628Periodic review; policy; conditions that indicate need for periodic review 197.629Schedule for periodic review; coordination 197.630[1981 c.748 §5c; repealed by 1983 c.827 §59] 197.631Commission to amend regulations to facilitate periodic review 197.633Two phases of periodic review; rules; appeal of decision on work program; schedule for completion; extension of time on appeal 197.635[1981 c.748 §6; repealed by 1983 c.827 §59] 197.636Procedures and actions for failure to meet periodic review deadlines 197.637[1999 c.622 §12; 2001 c.908 §4; 2023 c.13 §87; renumbered 197A.205 in 2023] 197.638Department of Land Conservation and Development may request review by Oregon Business Development Department of local inventory and analysis of industrial and commercial land 197.639State assistance teams; alternative coordination process; grant and technical assistance funding; priority of population forecasting program; advisory committee 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] 197.644Modification of work program; exclusive jurisdiction of Land Conservation and Development Commission 197.645[1983 c.827 §11d; 1987 c.729 §10; repealed by 1991 c.612 §23] 197.646Implementation of new requirement in goal, rule or statute; rules 197.647[1983 c.827 §11e; 1987 c.69 §2; 1987 c.729 §11; repealed by 1991 c.612 §23] 197.649Fees for notice; rules 197.650Appeal to Court of Appeals; standing 197.651Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission 197.652Regional problem-solving process 197.654Regional problem-solving goals, actions and agreements; implementation 197.656Commission approval of comprehensive plans not in compliance with goals; written statement of disapproval; participation by state agencies; use of resource lands; rules 197.658Modifying local work plan 197.659Commission approval of certain changes in comprehensive plans or land use regulations 197.660Definitions 197.663Legislative findings 197.665Locations of residential homes 197.667Location of residential facility; application and supporting documentation 197.670Zoning requirements and prohibitions for residential homes and residential facilities 197.675[1989 c.964 §4; repealed by 2001 c.613 §1] 197.677Policy 197.680Legislative findings 197.685Location of farmworker housing; approval standards 197.705[1973 c.482 §1; repealed by 1977 c.665 §24] 197.707Legislative intent 197.710[1973 c.482 §3; repealed by 1977 c.665 §24] 197.712Commission duties; comprehensive plan provisions; public facility plans; state agency coordination plans; compliance deadline; rules 197.713Industrial development on industrial lands outside urban growth boundaries; exceptions 197.714Cooperation of county and city concerning industrial development 197.715[1973 c.482 §2; repealed by 1977 c.665 §24] 197.716Industrial and employment uses in listed counties; economic opportunity analysis 197.717Technical assistance by state agencies; information from Oregon Business Development Department; model ordinances; rural economic development 197.719Industrial use of abandoned or diminished mill sites; amendment of comprehensive plans and land use regulations; sewer facilities 197.722Definitions for ORS 197.722 to 197.728 197.723Designation of regionally significant industrial areas; rules 197.724Review of application for land use permit within regionally significant industrial area 197.725[1973 c.482 §4; repealed by 1977 c.665 §24] 197.726Jurisdiction on appeal; standing 197.727Fee for review 197.728Rules 197.730[1973 c.482 §6; repealed by 1977 c.665 §24] 197.732Goal exceptions; criteria; rules; review 197.734Exceptions to certain statewide planning goal criteria; rules 197.735[1973 c.482 §7; repealed by 1977 c.665 §24] 197.736Commission implementation of ORS 197.340 and 197.732; rules 197.740[1973 c.482 §8; repealed by 1977 c.665 §24] 197.746Transitional housing accommodations 197.747[1983 c.827 §14; 1989 c.761 §9; 1991 c.612 §18; 2009 c.873 §11; renumbered 197.627 in 2019] 197.748Conversion of hotel or motel to emergency shelter or affordable housing 197.750[1973 c.482 §5; repealed by 1977 c.665 §24] 197.752Lands available for urban development 197.754Land identified for urban services; capital improvement plan; tax assessment 197.755[1973 c.482 §9; repealed by 1977 c.665 §24] 197.756Farm use assessment in area identified for urban services 197.757[1983 c.827 §13; renumbered 197.256 in 2021] 197.758[2019 c.639 §2; 2023 c.223 §20; 2023 c.283 §2; renumbered 197A.420 in 2023] 197.760[1973 c.482 §9a; repealed by 1977 c.665 §24] 197.761Development of residential platted lot 197.762[1987 c.729 §15; repealed by 1989 c.761 §10 (197.763 enacted in lieu of 197.762)] 197.763[1989 c.761 §10a (enacted in lieu of 197.762); 1991 c.817 §31; 1995 c.595 §2; 1997 c.763 §6; 1997 c.844 §2; 1999 c.533 §12; renumbered 197.797 in 2021] 197.764[1999 c.503 §1; 2001 c.104 §70; 2023 c.13 §88; renumbered 197A.215 in 2023] 197.765[1973 c.482 §2a; repealed by 1977 c.665 §24] 197.766[1999 c.503 §2; repealed by 2023 c.13 §89] 197.767[1987 c.729 §4; repealed by 1989 c.837 §34] 197.768Local government or special district adoption of public facilities strategy; public hearing; written findings 197.770Firearms training facilities 197.772Historic property; consent for designation; portable cooling devices allowed 197.775[1973 c.482 §11; repealed by 1977 c.665 §24] 197.779[2019 c.640 §15; repealed by 2021 c.385 §6] 197.780[1973 c.482 §12; repealed by 1977 c.665 §24] 197.782Emergency shelters developed under temporary authorization 197.783Local approval of emergency shelters; process; limitations 197.785[1973 c.482 §13; repealed by 1977 c.665 §24] 197.790[1973 c.482 §14; repealed by 1977 c.665 §24] 197.791Inventory of local government surplus real property; report 197.794Notice to railroad company upon certain applications for land use decision, limited land use decision or expedited land use decision 197.795[1973 c.482 §10; repealed by 1977 c.665 §24] 197.796Applicant for certain land use decisions may accept and appeal condition imposed on application; procedure; attorney fees 197.797Local quasi-judicial land use hearings; notice requirements; hearing procedures 197.798Rules regulating transportation improvements by city or county 197.805Policy on review of land use decisions 197.810Land Use Board of Appeals; appointment and removal of members; qualifications 197.815Office location; proceedings may be conducted by telephone 197.820Duty to conduct review proceedings; authority to issue orders; rules 197.825Jurisdiction of board; limitations; effect on circuit court jurisdiction 197.828Board review of limited land use decision 197.829Board to affirm certain local government interpretations 197.830Review procedures; standing; fees; deadlines; rules; issues subject to review; attorney fees and costs; publication of orders; mediation; tracking of reviews 197.831Appellate review of clear and objective approval standards, conditions and procedures for needed housing 197.832Board Publications Account 197.835Scope of review; rules 197.840Exceptions to deadline for final decision 197.843Attorney fees for applicant developing affordable housing 197.845Stay of decision being reviewed; criteria; undertaking; conditions; limitations 197.850Judicial review of board order; procedures; scope of review; attorney fees; undertaking 197.855Deadline for final court order; exceptions 197.860Stay of proceedings to allow mediation

Chapter 197 — Comprehensive Land Use Planning

ORS 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 Development Commission has the burden of persuasion.

(2)

A local government that claims an exception to a goal adopted by the commission has the burden of persuasion.

(3)

There shall be no burden of proof in administrative proceedings under ORS chapters 195, 196, 197 and 197A.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.