2011 Oregon Revised Statutes
ORS Volume 5, Chapters 171 - 200
ORS Chapter 197

• 197.005 Legislative findings.
• 197.010 Policy.
• 197.012 Compact urban development.
• Note: 197.012 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 197.013 Implementation and enforcement are of statewide concern.
• 197.015 Definitions for ORS chapters 195, 196 and 197.
• 197.020 Land use decision considerations.
• 197.022 Policy regarding ORS 215.433 and 227.184.
• Note: 197.022 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. LAND CONSERVATION AND DEVELOPMENT COMMISSION
• 197.030 Land Conservation and Development Commission; members; appointment; confirmation; term; vacancies.
• 197.035 Officers; quorum; compensation and expenses.
• 197.040 Duties of commission; rules.
• 197.045 Powers of commission.
• Note: Legislative Counsel has substituted chapter 792, Oregon Laws 1993, for the words this 1993 Act in section 11, chapter 792, Oregon Laws 1993, which amended 197.045. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1993 Comparative Section Table located in Volume 20 of ORS.
• 197.047 Notice to local governments and property owners of changes to commission rules or certain statutes; form; distribution of notice; costs.
• 197.050 Interstate agreements and compacts; commission powers.
• 197.055 [1973 c.80 16; repealed by 1977 c.664 42]
• 197.060 Biennial report; draft submission to legislative committee; contents.
• 197.065 Biennial report analyzing uses of certain land; annual local government reports.
• 197.070 Public inspection of assessments prepared by commission.
• 197.075 Department 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• 197.080 [1973 c.80 55; 1977 c.664 10; 1981 c.748 21c; repealed by 2007 c.354 1]
• 197.085 Director; appointment; compensation and expenses.
• 197.090 Duties and authority of director; appealing local land use decision; rules.
• 197.095 Land 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• 197.125 [1973 c.80 22; repealed by 2007 c.354 1]
• 197.130 [1973 c.80 23; 1975 c.530 6; 1977 c.891 8; 1981 c.748 23; 1987 c.158 33; repealed by 2007 c.354 1]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] ADVISORY COMMITTEES
• 197.158 Policy-neutral review and audit of statewide land use program.
• Note: 197.158 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 197.160 State Citizen Involvement Advisory Committee; city and county citizen advisory committees.
• 197.165 Local Officials Advisory Committee.
• 197.173 Findings regarding coordination between state agencies and local governments.
• Note: 197.173 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 197.175 Cities and counties planning responsibilities; rules on incorporations; compliance with goals.
• 197.178 Development applications; urban residential density; reporting to Department of Land Conservation and Development.
• 197.180 State agency planning responsibilities; determination of compliance with goals and compatibility with plans; coordination between agencies and local governments; rules; exceptions.
• 197.183 Local 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]
• 197.186 Removal 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]
• 197.195 Limited land use decision; procedures.
• 197.200 Refinement plan; procedures for land division, site or design review within area subject to plan.
• 197.225 Preparation; adoption.
• 197.230 Considerations; finding of need required for adoption or amendment of goal.
• 197.235 Public hearings; notice; citizen involvement implementation; submission of proposals.
• 197.240 Commission action; public hearing; notice; amendment; adoption.
• 197.245 Commission amendment of initial goals; adoption of new goals.
• 197.247 [1983 c.826 2; repealed by 1993 c.792 55]
• 197.250 Compliance with goals required.
• 197.251 Compliance acknowledgment; commission review; rules; limited acknowledgment; compliance schedule.
• 197.252 [1977 c.664 20a; 1979 c.772 7a; repealed by 1981 c.748 56]
• 197.253 Participation in local proceedings required for submitting comments and objections.
• 197.254 Bar 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]
• 197.260 [1973 c.80 44; 1981 c.748 29c; renumbered 195.040 in 1993]
• 197.265 State compensation for costs of defending compliance actions.
• 197.270 Copies of comprehensive plan and land use regulations; post review.
• 197.274 Review of Metro regional framework plan.
• 197.275 [1973 c.80 40; 1977 c.664 21; repealed by 1981 c.748 56]
• 197.277 Oregon Forest Practices Act; exclusion.
• 197.279 Approved 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]
• 197.283 Commission to assure protection of ground water resources.
• 197.285 [1973 c.80 42; repealed by 1981 c.748 56] URBAN GROWTH BOUNDARIES AND NEEDED HOUSING WITHIN BOUNDARIES
• 197.295 Definitions for ORS 197.295 to 197.314 and 197.475 to 197.490.
• 197.296 Factors to establish sufficiency of buildable lands within urban growth boundary; analysis and determination of residential housing patterns.
• 197.298 Priority of land to be included within urban growth boundary.
• 197.299 Metropolitan service district analysis of buildable land supply; schedule for accommodating needed housing; need for land for school; extension of schedule.
• 197.300 [1973 c.80 51; 1977 c.664 22; repealed by 1979 c.772 26]
• 197.301 Metropolitan service district report of performance measures.
• 197.302 Metropolitan service district determination of buildable land supply; corrective action; enforcement.
• 197.303 Needed housing defined.
• 197.304 Lane County accommodation of needed housing.
• 197.305 [1973 c.80 52; 1977 c.664 23; repealed by 1979 c.772 26]
• 197.307 Effect of need for certain housing in urban growth areas; approval standards for certain residential development; placement standards for approval of manufactured dwellings.
• 197.309 Local ordinances or approval conditions may not effectively establish housing sale price or designate class of purchasers; exception.
• 197.310 [1973 c.80 53; 1977 c.664 24; repealed by 1979 c.772 26]
• 197.312 Limitation on city and county authority to prohibit certain kinds of housing; zoning requirements for farmworker housing; real estate sales office.
• 197.313 Interpretation of ORS 197.312.
• 197.314 Required siting of manufactured homes; minimum lot size; approval standards.
• 197.315 [1973 c.80 54; 1977 c.664 25; repealed by 1979 c.772 26] ENFORCEMENT OF PLANNING REQUIREMENTS
• 197.319 Procedures prior to request of an enforcement order.
• 197.320 Power of commission to order compliance with goals and plans.
• 197.324 Proceedings prior to order of compliance with goals; disclosure notice.
• 197.325 [1973 c.80 45; repealed by 1977 c.664 42]
• 197.328 Procedures to consider order to comply with goals.
• 197.330 [1973 c.80 50; repealed by 1977 c.664 42]
• 197.335 Order for compliance with goals; review of order; withholding grant funds; injunctions.
• 197.340 Weight given to goals in planning practice; regional diversity and needs.
• 197.350 Burden 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]
• 197.353 Measure 37 timelines; death of claimant.
• Note: 197.353 includes references to 197.352, which was amended and renumbered as 195.305 by action of the Legislative Assembly. See section 28, chapter 354, Oregon Laws 2007, and sections 1, 1a and 4, chapter 424, Oregon Laws 2007. The text of 197.353 was not amended to reflect the amendments or renumbering. Editorial adjustment of 197.353 for the amendments to and renumbering of 197.352 has not been made. EXPEDITED LAND DIVISIONS
• 197.360 Expedited land division defined; applicability.
• 197.365 Application for expedited land division; notice requirements; procedure.
• 197.370 Failure of local government to approve or deny application within specified time.
• 197.375 Appeal of decision on application for expedited land division; notice requirements; standards for review; procedure; costs.
• 197.380 Application fees for expedited land division.
• 197.390 Activities on federal land; list; permit required; enjoining violations.
• 197.395 Application for permit; review and issuance; conditions; restrictions; review.
• 197.400 [1973 c.80 25; 1977 c.664 27; repealed by 1981 c.748 56] AREAS OF CRITICAL CONCERN
• 197.405 Designation of areas of critical state concern; commission recommendation; committee review; approval by Legislative Assembly.
• 197.410 Use and activities regulated; enjoining violations.
• 197.415 [1973 c.80 27; 1977 c.664 30; repealed by 1981 c.748 56]
• 197.416 Metolius Area of Critical State Concern.
• Note: 197.416 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 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]
• 197.430 Enforcement powers.
• Note: Sections 1 to 10, chapter 636, Oregon Laws 2009, provide:
• Sec. 1.
• Sec. 1a.
• Sec. 2.
• Sec. 3.
• Sec. 4.
• Sec. 5.
• Sec. 6.
• Sec. 7.
• Sec. 8.
• Sec. 9.
• Sec. 10.
• Note: Sections 1 and 2, chapter 686, Oregon Laws 2011, provide:
• Sec. 1.
• Sec. 2.
• 197.431 Expansion of speedway destination site.
• Note: 197.431 to 197.434 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 197.432 Definitions for ORS 197.431 to 197.434.
• Note: See note under 197.431.
• 197.433 Development of major motor speedway.
• Note: See note under 197.431.
• 197.434 Traffic impacts of speedway destination.
• Note: See note under 197.431. SITING OF DESTINATION RESORTS
• 197.435 Definitions for ORS 197.435 to 197.467.
• 197.440 Legislative findings.
• 197.445 Destination resort criteria; phase-in requirements; annual accounting.
• 197.450 Siting without taking goal exception.
• 197.455 Siting of destination resorts; sites from which destination resort excluded.
• 197.460 Compatibility with adjacent land uses; county measures; economic impact analysis; traffic impact analysis.
• 197.462 Use of land excluded from destination resort.
• 197.465 Comprehensive plan implementing measures.
• 197.467 Conservation easement to protect resource site.
• 197.475 Policy.
• 197.480 Planning for parks; procedures; inventory.
• 197.485 Prohibition on restrictions of manufactured dwelling.
• 197.490 Restriction on establishment of park.
• 197.492 Definitions for ORS 197.492 and 197.493.
• Note: 197.492 and 197.493 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 197.493 Placement and occupancy of recreational vehicle.
• Note: See note under 197.492. MORATORIUM ON CONSTRUCTION OR LAND DEVELOPMENT
• 197.505 Definitions for ORS 197.505 to 197.540.
• 197.510 Legislative findings.
• 197.520 Manner of declaring moratorium.
• 197.522 Local government to approve subdivision, partition or construction; conditions.
• 197.524 Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits.
• 197.530 Correction program; procedures.
• 197.540 Review 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] POST-ACKNOWLEDGMENT PROCEDURES
• 197.610 Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development; rules.
• 197.612 Comprehensive plan or land use regulation changes to conform plan or regulations to new requirement in statute, goal or rule.
• 197.615 Submission of adopted comprehensive plan or land use regulation changes to Department of Land Conservation and Development.
• 197.620 Appeal of certain comprehensive plan or land use regulation decision-making.
• 197.625 Acknowledgment of comprehensive plan or land use regulation changes; application prior to acknowledgment.
• 197.626 Submission of land use decisions that expand urban growth boundary or designate urban or rural reserves.
• 197.628 Periodic review; policy; conditions that indicate need for periodic review.
• 197.629 Schedule for periodic review; coordination.
• 197.630 [1981 c.748 5c; repealed by 1983 c.827 59]
• 197.631 Commission to amend regulations to facilitate periodic review.
• 197.633 Two 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]
• 197.636 Procedures and actions for failure to meet periodic review deadlines.
• 197.637 Department of Land Conservation and Development may request review by Housing and Community Services Department of certain local housing measures.
• 197.638 Department of Land Conservation and Development may request review by Oregon Business Development Department of local inventory and analysis of industrial and commercial land.
• 197.639 State assistance teams; alternative coordination process; grant and technical assistance funding; 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]
• 197.644 Modification 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]
• 197.646 Implementation of new requirement in goal, rule or statute; rules.
• Note: 197.646, 197.649 and 197.650 were added to and made a part of ORS chapter 197 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
• 197.647 [1983 c.827 11e; 1987 c.69 2; 1987 c.729 11; repealed by 1991 c.612 23]
• 197.649 Fees for notice; rules.
• Note: See note under 197.646.
• 197.650 Appeal to Court of Appeals; standing.
• Note: See note under 197.646.
• 197.651 Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission.
• 197.652 Regional problem-solving process.
• 197.654 Regional problem-solving goals, actions and agreements; implementation.
• 197.656 Commission approval of comprehensive plans not in compliance with goals; written statement of disapproval; participation by state agencies; use of resource lands; rules.
• 197.658 Modifying local work plan.
• 197.659 Commission approval of certain changes in comprehensive plans or land use regulations.
• 197.660 Definitions.
• 197.663 Legislative findings.
• 197.665 Locations of residential homes.
• 197.667 Location of residential facility; application and supporting documentation.
• 197.670 Zoning requirements and prohibitions for residential homes and residential facilities.
• 197.675 [1989 c.964 4; repealed by 2001 c.613 1] FARMWORKER HOUSING
• 197.677 Policy.
• 197.680 Legislative findings.
• 197.685 Location of farmworker housing; approval standards.
• 197.705 [1973 c.482 1; repealed by 1977 c.665 24] ECONOMIC DEVELOPMENT (Temporary provisions relating to transportation planning rule)
• Note: Sections 1 to 4, chapter 432, Oregon Laws 2011, provide:
• Sec. 1.
• Sec. 2.
• Sec. 3.
• Sec. 4.
• 197.707 Legislative intent.
• 197.710 [1973 c.482 3; repealed by 1977 c.665 24]
• 197.712 Commission duties; comprehensive plan provisions; public facility plans; state agency coordination plans; compliance deadline; rules.
• 197.713 Industrial development on industrial lands outside urban growth boundaries; exceptions.
• Note: 197.713 and 197.714 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 197.714 Cooperation of county and city concerning industrial development.
• Note: See note under 197.713.
• 197.715 [1973 c.482 2; repealed by 1977 c.665 24]
• 197.717 Technical assistance by state agencies; information from Oregon Business Development Department; model ordinances; rural economic development.
• 197.719 Industrial use of abandoned or diminished mill sites; amendment of comprehensive plans and land use regulations; sewer facilities.
• 197.722 Definitions for ORS 197.722 to 197.728.
• Note: 197.722 to 197.728 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 197.723 Designation of regionally significant industrial areas; rules.
• Note: See note under 197.722.
• 197.724 Review of application for land use permit within regionally significant industrial area.
• Note: See note under 197.722.
• 197.725 [1973 c.482 4; repealed by 1977 c.665 24]
• 197.726 Jurisdiction on appeal; standing.
• Note: See note under 197.722.
• 197.727 Fee for review.
• Note: See note under 197.722.
• 197.728 Rules.
• Note: See note under 197.722. (Temporary provisions relating to industrial development projects of state significance)
• Note: Sections 1, 2, 3, 4, 5, 12 and 13, chapter 564, Oregon Laws 2011, provide:
• Sec. 1.
• Sec. 2.
• Sec. 3.
• Sec. 4.
• Sec. 5.
• Sec. 12.
• 197.730 [1973 c.482 6; repealed by 1977 c.665 24] GOAL EXCEPTIONS
• 197.732 Goal exceptions; criteria; rules; review.
• 197.735 [1973 c.482 7; repealed by 1977 c.665 24]
• 197.736 Commission implementation of ORS 197.340 and 197.732; rules.
• 197.740 [1973 c.482 8; repealed by 1977 c.665 24] MISCELLANEOUS
• 197.747 Meaning of compliance with the goals for certain purposes.
• 197.750 [1973 c.482 5; repealed by 1977 c.665 24]
• 197.752 Lands available for urban development.
• 197.754 Land identified for urban services; capital improvement plan; tax assessment.
• 197.755 [1973 c.482 9; repealed by 1977 c.665 24]
• 197.756 Farm use assessment in area identified for urban services.
• 197.757 Acknowledgment deadline for newly incorporated cities.
• 197.760 [1973 c.482 9a; repealed by 1977 c.665 24]
• 197.762 [1987 c.729 15; repealed by 1989 c.761 10 (197.763 enacted in lieu of 197.762)]
• 197.763 Conduct of local quasi-judicial land use hearings; notice requirements; hearing procedures.
• 197.764 Application to remove property from within urban growth boundary; conditions.
• 197.765 [1973 c.482 2a; repealed by 1977 c.665 24]
• 197.766 Laws applicable to certain local decisions regarding urban growth boundary.
• 197.767 [1987 c.729 4; repealed by 1989 c.837 34]
• 197.768 Local government or special district adoption of public facilities strategy; public hearing; written findings.
• 197.770 Firearms training facilities.
• 197.772 Consent for designation as historic property.
• 197.775 [1973 c.482 11; repealed by 1977 c.665 24]
• 197.780 [1973 c.482 12; repealed by 1977 c.665 24]
• 197.785 [1973 c.482 13; repealed by 1977 c.665 24]
• 197.790 [1973 c.482 14; repealed by 1977 c.665 24]
• 197.794 Notice 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]
• 197.796 Applicant for certain land use decisions may accept and appeal condition imposed on application; procedure; attorney fees.
• 197.805 Policy on review of land use decisions.
• 197.810 Land Use Board of Appeals; appointment and removal of members; qualifications.
• 197.815 Office location; proceedings may be conducted by telephone.
• 197.820 Duty to conduct review proceedings; authority to issue orders; rules.
• 197.825 Jurisdiction of board; limitations; effect on circuit court jurisdiction.
• 197.828 Board review of limited land use decision.
• 197.829 Board to affirm certain local government interpretations.
• 197.830 Review procedures; standing; fees; deadlines; rules; issues subject to review; attorney fees and costs; publication of orders; mediation.
• Note: Section 2, chapter 483, Oregon Laws 2011, provides:
• Sec. 2.
• 197.831 Appellate review of clear and objective approval standards, conditions and procedures for needed housing.
• 197.832 Board Publications Account.
• 197.835 Scope of review; rules.
• 197.840 Exceptions to deadline for final decision.
• 197.845 Stay of decision being reviewed; criteria; undertaking; conditions; limitations.
• 197.850 Judicial review of board order; procedures; scope of review; attorney fees; undertaking.
• 197.855 Deadline for final court order; exceptions.
• 197.860 Stay of proceedings to allow mediation.