Chapter 197A — Land Use Planning: Housing and Urbanization
ORS 197A.385 Residential treatment facilities
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;
Commercial uses;
Employment uses;
Public lands, not including park land; or
Industrial uses, provided that if the property is:
Publicly owned or owned by a public benefit corporation as defined in ORS 65.001;
Within 250 feet of lands zoned for residential use; and
Not specifically designated for heavy industrial uses.
This section does not apply on land where the local government determines that:
The facility cannot be adequately served by water, sewer, storm water drainage or streets, or will not be adequately served at the time that development on the property is complete; or
The development of the property is constrained by land use regulations based on statewide land use planning goals relating to:
Natural disasters and hazards; or
Natural resources, including air, water, land or natural areas, but not including open spaces or historic resources.
This section does not trigger any requirement that a local government consider or update an analysis as required by a statewide land use planning goal relating to economic development.
A decision made under this section is not a land use decision as defined in ORS 197.015 and is not subject to the jurisdiction of the Land Use Board of Appeals. A decision under this section may only be appealed by writ of review under ORS 34.010 to 34.100.
A local government shall issue a final decision under this section within 120 days after a completed application is filed with the local government.
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2025 Oregon Revised Statutes — official online source
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2025 Oregon Revised Statutes — official online source