2015 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 197 - Comprehensive Land Use Planning I

GENERAL PROVISIONS

• Section 197.005 - Legislative findings.
• Section 197.010 - Policy.
• Section 197.012 - Compact urban development.
• Section 197.013 - Implementation and enforcement are of statewide concern.
• Section 197.015 - Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325.
• Section 197.020 - Land use decision considerations.
• Section 197.022 - Policy regarding ORS 215.433 and 227.184.

LAND CONSERVATION AND DEVELOPMENT COMMISSION

• Section 197.030 - Land Conservation and Development Commission; members; appointment; confirmation; term; vacancies.
• Section 197.035 - Officers; quorum; compensation and expenses.
• Section 197.040 - Duties of commission; rules.
• Section 197.045 - Powers of commission.
• Section 197.047 - Notice to local governments and property owners of changes to commission rules or certain statutes; form; distribution of notice; costs.
• Section 197.050 - Interstate agreements and compacts; commission powers.
• Section 197.055
• Section 197.060 - Biennial report; draft submission to legislative committee; contents.
• Section 197.065 - Biennial report analyzing uses of certain land; annual local government reports.
• Section 197.070 - Public inspection of assessments prepared by commission.

DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT

• Section 197.075 - Department of Land Conservation and Development.
• Section 197.080
• Section 197.085 - Director; appointment; compensation and expenses.
• Section 197.090 - Duties and authority of director; appealing local land use decision; rules.
• Section 197.095 - Land Conservation and Development Account.
• Section 197.125
• Section 197.130
• Section 197.135

ADVISORY COMMITTEES

• Section 197.158 - Policy-neutral review and audit of statewide land use program.
• Section 197.160 - State Citizen Involvement Advisory Committee; city and county citizen advisory committees.
• Section 197.165 - Local Officials Advisory Committee.

COMPREHENSIVE PLANNING RESPONSIBILITIES

• Section 197.173 - Findings regarding coordination between state agencies and local governments.
• Section 197.175 - Cities’ and counties’ planning responsibilities; rules on incorporations; compliance with goals.
• Section 197.178 - Development applications; urban residential density; reporting to Department of Land Conservation and Development.
• Section 197.180 - State agency planning responsibilities; determination of compliance with goals and compatibility with plans; coordination between agencies and local governments; rules; exceptions.
• Section 197.183 - Local government to notify Department of Aviation of applications received for certain water impoundments.
• Section 197.185
• Section 197.186 - Removal from buildable lands inventory of land subject to open space tax assessment; reapplication for assessment.
• Section 197.190
• Section 197.195 - Limited land use decision; procedures.
• Section 197.200 - Refinement plan; procedures for land division, site or design review within area subject to plan.

GOALS COMPLIANCE

• Section 197.225 - Preparation; adoption.
• Section 197.230 - Considerations; finding of need required for adoption or amendment of goal.
• Section 197.235 - Public hearings; notice; citizen involvement implementation; submission of proposals.
• Section 197.240 - Commission action; public hearing; notice; amendment; adoption.
• Section 197.245 - Commission amendment of initial goals; adoption of new goals.
• Section 197.247
• Section 197.250 - Compliance with goals required.
• Section 197.251 - Compliance acknowledgment; commission review; rules; limited acknowledgment; compliance schedule.
• Section 197.252
• Section 197.253 - Participation in local proceedings required for submitting comments and objections.
• Section 197.254 - Bar to contesting acknowledgment, appealing or seeking amendment.
• Section 197.255
• Section 197.260
• Section 197.265 - State compensation for costs of defending compliance actions.
• Section 197.270 - Copies of comprehensive plan and land use regulations; post review.
• Section 197.274 - Review of Metro regional framework plan.
• Section 197.275
• Section 197.277 - Oregon Forest Practices Act; exclusion.
• Section 197.279 - Approved wetland conservation plans comply with goals; exception; rules.
• Section 197.280
• Section 197.283 - Commission to assure protection of ground water resources.
• Section 197.285

URBAN GROWTH BOUNDARIES AND NEEDED HOUSING WITHIN BOUNDARIES

• Section 197.295 - Definitions for ORS 197.295 to 197.314 and 197.475 to 197.490.
• Section 197.296 - Factors to establish sufficiency of buildable lands within urban growth boundary; analysis and determination of residential housing patterns.
• Section 197.298 - Priority of land to be included within urban growth boundary.
• Section 197.299 - Metropolitan service district analysis of buildable land supply; schedule for accommodating needed housing; need for land for school; extension of schedule.
• Section 197.300
• Section 197.301 - Metropolitan service district report of performance measures.
• Section 197.302 - Metropolitan service district determination of buildable land supply; corrective action; enforcement.
• Section 197.303 - "Needed housing" defined.
• Section 197.304 - Lane County accommodation of needed housing.
• Section 197.305
• Section 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.
• Section 197.309 - Local ordinances or approval conditions may not effectively establish housing sale price or designate class of purchasers; exception.
• Section 197.310
• Section 197.312 - Limitation on city and county authority to prohibit certain kinds of housing; zoning requirements for farmworker housing; real estate sales office.
• Section 197.313 - Interpretation of ORS 197.312.
• Section 197.314 - Required siting of manufactured homes; minimum lot size; approval standards.
• Section 197.315

ENFORCEMENT OF PLANNING REQUIREMENTS

• Section 197.319 - Procedures prior to request of an enforcement order.
• Section 197.320 - Power of commission to order compliance with goals and plans.
• Section 197.324 - Proceedings prior to order of compliance with goals; disclosure notice.
• Section 197.325
• Section 197.328 - Procedures to consider order to comply with goals.
• Section 197.330
• Section 197.335 - Order for compliance with goals; review of order; withholding grant funds; injunctions.
• Section 197.340 - Weight given to goals in planning practice; regional diversity and needs.
• Section 197.350 - Burden of persuasion or proof in appeal to board or commission.
• Section 197.352
• Section 197.353 - Measure 37 timelines; death of claimant.

EXPEDITED LAND DIVISIONS

• Section 197.360 - "Expedited land division" defined; applicability.
• Section 197.365 - Application for expedited land division; notice requirements; procedure.
• Section 197.370 - Failure of local government to approve or deny application within specified time.
• Section 197.375 - Appeal of decision on application for expedited land division; notice requirements; standards for review; procedure; costs.
• Section 197.380 - Application fees for expedited land division.

ACTIVITIES ON FEDERAL LAND

• Section 197.390 - Activities on federal land; list; permit required; enjoining violations.
• Section 197.395 - Application for permit; review and issuance; conditions; restrictions; review.
• Section 197.400

AREAS OF CRITICAL CONCERN

• Section 197.405 - Designation of areas of critical state concern; commission recommendation; committee review; approval by Legislative Assembly.
• Section 197.410 - Use and activities regulated; enjoining violations.
• Section 197.415
• Section 197.416 - Metolius Area of Critical State Concern.
• Section 197.420
• Section 197.425
• Section 197.430 - Enforcement powers.

SITING SPEEDWAY DESTINATION

• Section 197.431 - Expansion of speedway destination site.
• Section 197.432 - Definitions for ORS 197.431 to 197.434.
• Section 197.433 - Development of major motor speedway.
• Section 197.434 - Traffic impacts of speedway destination.

SITING OF DESTINATION RESORTS

• Section 197.435 - Definitions for ORS 197.435 to 197.467.
• Section 197.440 - Legislative findings.
• Section 197.445 - Destination resort criteria; phase-in requirements; annual accounting.
• Section 197.450 - Siting without taking goal exception.
• Section 197.455 - Siting of destination resorts; sites from which destination resort excluded.
• Section 197.460 - Compatibility with adjacent land uses; county measures; economic impact analysis; traffic impact analysis.
• Section 197.462 - Use of land excluded from destination resort.
• Section 197.465 - Comprehensive plan implementing measures.
• Section 197.467 - Conservation easement to protect resource site.

MOBILE HOME, MANUFACTURED DWELLING AND RECREATIONAL VEHICLE PARKS

• Section 197.475 - Policy.
• Section 197.480 - Planning for parks; procedures; inventory.
• Section 197.485 - Prohibition on restrictions of manufactured dwelling.
• Section 197.490 - Restriction on establishment of park.
• Section 197.492 - Definitions for ORS 197.492 and 197.493.
• Section 197.493 - Placement and occupancy of recreational vehicle.

MORATORIUM ON CONSTRUCTION OR LAND DEVELOPMENT

• Section 197.505 - Definitions for ORS 197.505 to 197.540.
• Section 197.510 - Legislative findings.
• Section 197.520 - Manner of declaring moratorium.
• Section 197.522 - Local government to approve subdivision, partition or construction; conditions.
• Section 197.524 - Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits.
• Section 197.530 - Correction program; procedures.
• Section 197.540 - Review by Land Use Board of Appeals.
• Section 197.550
• Section 197.553
• Section 197.556
• Section 197.559
• Section 197.562
• Section 197.565
• Section 197.568
• Section 197.571
• Section 197.574
• Section 197.577
• Section 197.581
• Section 197.584
• Section 197.587
• Section 197.590
• Section 197.605

POST-ACKNOWLEDGMENT PROCEDURES

• Section 197.610 - Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development; rules.
• Section 197.612 - Comprehensive plan or land use regulation changes to conform plan or regulations to new requirement in statute, goal or rule.
• Section 197.615 - Submission of adopted comprehensive plan or land use regulation changes to Department of Land Conservation and Development.
• Section 197.620 - Appeal of certain comprehensive plan or land use regulation decision-making.
• Section 197.625 - Acknowledgment of comprehensive plan or land use regulation changes; application prior to acknowledgment.
• Section 197.626 - Submission of land use decisions that expand urban growth boundary or designate urban or rural reserves.
• Section 197.628 - Periodic review; policy; conditions that indicate need for periodic review.
• Section 197.629 - Schedule for periodic review; coordination.
• Section 197.630
• Section 197.631 - Commission to amend regulations to facilitate periodic review.
• Section 197.633 - Two phases of periodic review; rules; appeal of decision on work program; schedule for completion; extension of time on appeal.
• Section 197.635
• Section 197.636 - Procedures and actions for failure to meet periodic review deadlines.
• Section 197.637 - Department of Land Conservation and Development may request review by Housing and Community Services Department of certain local housing measures.
• Section 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.
• Section 197.639 - State assistance teams; alternative coordination process; grant and technical assistance funding; priority of population forecasting program; advisory committee.
• Section 197.640
• Section 197.641
• Section 197.643
• Section 197.644 - Modification of work program; exclusive jurisdiction of Land Conservation and Development Commission.
• Section 197.645
• Section 197.646 - Implementation of new requirement in goal, rule or statute; rules.
• Note 197.646, 197.649 and 197.650
• Section 197.647
• Section 197.649 - Fees for notice; rules.
• Section 197.650 - Appeal to Court of Appeals; standing.
• Section 197.651 - Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission.

COLLABORATIVE REGIONAL PROBLEM SOLVING

• Section 197.652 - Regional problem-solving process.
• Section 197.654 - Regional problem-solving goals, actions and agreements; implementation.
• Section 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.
• Section 197.658 - Modifying local work plan.
• Section 197.659 - Commission approval of certain changes in comprehensive plans or land use regulations.

SPECIAL RESIDENCES

• Section 197.660 - Definitions.
• Section 197.663 - Legislative findings.
• Section 197.665 - Locations of residential homes.
• Section 197.667 - Location of residential facility; application and supporting documentation.
• Section 197.670 - Zoning requirements and prohibitions for residential homes and residential facilities.
• Section 197.675

FARMWORKER HOUSING

• Section 197.677 - Policy.
• Section 197.680 - Legislative findings.
• Section 197.685 - Location of farmworker housing; approval standards.
• Section 197.705

ECONOMIC DEVELOPMENT

• Section 197.707 - Legislative intent.
• Section 197.710
• Section 197.712 - Commission duties; comprehensive plan provisions; public facility plans; state agency coordination plans; compliance deadline; rules.
• Section 197.713 - Industrial development on industrial lands outside urban growth boundaries; exceptions.
• Section 197.714 - Cooperation of county and city concerning industrial development.
• Section 197.715
• Section 197.717 - Technical assistance by state agencies; information from Oregon Business Development Department; model ordinances; rural economic development.
• Section 197.719 - Industrial use of abandoned or diminished mill sites; amendment of comprehensive plans and land use regulations; sewer facilities.
• Section 197.722 - Definitions for ORS 197.722 to 197.728.
• Section 197.723 - Designation of regionally significant industrial areas; rules.
• Section 197.724 - Review of application for land use permit within regionally significant industrial area.
• Section 197.725
• Section 197.726 - Jurisdiction on appeal; standing.
• Section 197.727 - Fee for review.
• Section 197.728 - Rules.
• Section 197.730

GOAL EXCEPTIONS

• Section 197.732 - Goal exceptions; criteria; rules; review.
• Section 197.734 - Exceptions to certain statewide planning goal criteria; rules.
• Section 197.735
• Section 197.736 - Commission implementation of ORS 197.340 and 197.732; rules.
• Section 197.740

MISCELLANEOUS

• Section 197.747 - Meaning of "compliance with the goals" for certain purposes.
• Section 197.750
• Section 197.752 - Lands available for urban development.
• Section 197.754 - Land identified for urban services; capital improvement plan; tax assessment.
• Section 197.755
• Section 197.756 - Farm use assessment in area identified for urban services.
• Section 197.757 - Acknowledgment deadline for newly incorporated cities.
• Section 197.760
• Section 197.762
• Section 197.763 - Conduct of local quasi-judicial land use hearings; notice requirements; hearing procedures.
• Section 197.764 - Application to remove property from within urban growth boundary; conditions.
• Section 197.765
• Section 197.766 - Laws applicable to certain local decisions regarding urban growth boundary.
• Section 197.767
• Section 197.768 - Local government or special district adoption of public facilities strategy; public hearing; written findings.
• Section 197.770 - Firearms training facilities.
• Section 197.772 - Consent for designation as historic property.
• Section 197.775
• Section 197.780
• Section 197.785
• Section 197.790
• Section 197.794 - Notice to railroad company upon certain applications for land use decision, limited land use decision or expedited land use decision.
• Section 197.795
• Section 197.796 - Applicant for certain land use decisions may accept and appeal condition imposed on application; procedure; attorney fees.
• Section 197.798 - Rules regulating transportation improvements by city or county.

LAND USE BOARD OF APPEALS

• Section 197.805 - Policy on review of land use decisions.
• Section 197.810 - Land Use Board of Appeals; appointment and removal of members; qualifications.
• Section 197.815 - Office location; proceedings may be conducted by telephone.
• Section 197.820 - Duty to conduct review proceedings; authority to issue orders; rules.
• Section 197.825 - Jurisdiction of board; limitations; effect on circuit court jurisdiction.
• Section 197.828 - Board review of limited land use decision.
• Section 197.829 - Board to affirm certain local government interpretations.
• Section 197.830 - Review procedures; standing; fees; deadlines; rules; issues subject to review; attorney fees and costs; publication of orders; mediation; tracking of reviews.
• Section 197.831 - Appellate review of clear and objective approval standards, conditions and procedures for needed housing.
• Section 197.832 - Board Publications Account.
• Section 197.835 - Scope of review; rules.
• Section 197.840 - Exceptions to deadline for final decision.
• Section 197.845 - Stay of decision being reviewed; criteria; undertaking; conditions; limitations.
• Section 197.850 - Judicial review of board order; procedures; scope of review; attorney fees; undertaking.
• Section 197.855 - Deadline for final court order; exceptions.
• Section 197.860 - Stay of proceedings to allow mediation.