ORS 197A.400 Clear and objective approval criteria required; alternative approval process

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 regulating the density or height of a development.

May not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay.

The provisions of subsection (1) of this section do not apply to:

An application or permit for residential development in an area identified in a formally adopted central city plan, or a regional center as defined by Metro, in a city with a population of 500,000 or greater.

An application or permit for residential development in historic areas designated for protection under a land use planning goal protecting historic areas.

In addition to an approval process for needed housing based on clear and objective standards, conditions and procedures as provided in subsection (1) of this section, a local government may adopt and apply an alternative approval process for applications and permits for residential development based on approval criteria that are not clear and objective if:

The applicant retains the option of proceeding under the approval process that meets the requirements of subsection (1) of this section;

The approval criteria for the alternative approval process comply with applicable statewide land use planning goals and rules; and

The approval criteria for the alternative approval process authorize a density at or above the density level authorized in the zone under the approval process provided in subsection (1) of this section.

Subject to subsection (1) of this section, this section does not infringe on a local government’s prerogative to:

Set approval standards under which a particular housing type is permitted outright;

Impose special conditions upon approval of a specific development proposal; or

Establish approval procedures.

197.307) by section 2, chapter 533, Oregon Laws 2023, become operative July 1, 2025. See section 4, chapter 533, Oregon Laws 2023. The text that is operative on and after July 1, 2025, is set forth for the user’s convenience.

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, including needed housing, on land within an urban growth boundary, unincorporated communities designated in a county’s acknowledged comprehensive plan after December 5, 1994, nonresource lands and areas zoned for rural residential use as defined in ORS 215.501. The standards, conditions and procedures:

May include, but are not limited to, one or more provisions regulating the density or height of a development.

May not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay.

The provisions of subsection (1) of this section do not apply to:

An application or permit for residential development in an area identified in a formally adopted central city plan, or a regional center as defined by Metro, in a city with a population of 500,000 or greater.

An application or permit for residential development in historic areas designated for protection under a land use planning goal protecting historic areas.

In addition to an approval process for needed housing based on clear and objective standards, conditions and procedures as provided in subsection (1) of this section, a local government may adopt and apply an alternative approval process for applications and permits for residential development based on approval criteria that are not clear and objective if:

The applicant retains the option of proceeding under the approval process that meets the requirements of subsection (1) of this section;

The approval criteria for the alternative approval process comply with applicable statewide land use planning goals and rules; and

The approval criteria for the alternative approval process authorize a density at or above the density level authorized in the zone under the approval process provided in subsection (1) of this section.

Subject to subsection (1) of this section, this section does not infringe on a local government’s prerogative to:

Set approval standards under which a particular housing type is permitted outright;

Impose special conditions upon approval of a specific development proposal; or

Establish approval procedures.