Chapter 92 — Subdivisions and Partitions

ORS 92.176 Validation of unit of land not lawfully established

(1)

A county or city may approve an application to validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unit of land if the unit of land:

(a)

Is not a lawfully established unit of land; and

(b)

Could have complied with the applicable criteria for the creation of a lawfully established unit of land in effect when the unit of land was sold.

(2)

Notwithstanding subsection (1)(b) of this section, a county or city may approve an application to validate a unit of land under this section if the county or city approved a permit, as defined in ORS 215.402 or 227.160, respectively, for the construction or placement of a dwelling or other building on the unit of land after the sale. If the permit was approved for a dwelling, the county or city must determine that the dwelling has:

(a)

Intact exterior walls and roof structure;

(b)

Indoor plumbing consisting of a kitchen sink, a toilet and bathing facilities connected to a sanitary waste disposal system;

(c)

Interior wiring for interior lights; and

(d)

A heating system.

(3)

A county or city may approve an application for a permit, as defined in ORS 215.402 or 227.160, respectively, or a permit under the applicable state or local building code for the continued use of a dwelling or other building on a unit of land that was not lawfully established if:

(a)

The dwelling or other building was lawfully established prior to January 1, 2007; and

(b)

The permit does not change or intensify the use of the dwelling or other building.

(4)

An application to validate a unit of land under this section is an application for a permit, as defined in ORS 215.402 or 227.160. An application to a county under this section is not subject to the minimum lot or parcel sizes established by ORS 215.780.

(5)

A unit of land becomes a lawfully established parcel when the county or city validates the unit of land under this section if the owner of the unit of land causes a partition plat to be recorded within 365 days after the date the county or city validates the unit of land.

(6)

A county or city may not approve an application to validate a unit of land under this section if the unit of land was unlawfully created on or after January 1, 2007.

(7)

Development or improvement of a parcel created under subsection (5) of this section must comply with the applicable laws in effect when a complete application for the development or improvement is submitted as described in ORS 215.427 (3)(a) or 227.178

(3)(a)