justicedao/ipfs_state_laws huggingface dataset:
660-008-0405 Definitions for Model Ordinances As used in OAR 660-008-0400 to 660-008-0430, the definitions in ORS chapters 197 and 197A, and OAR 660-008-0005 apply. In addition, the following definitions apply: (1) “Adopt” or “Adoption” means the approval of an ordinance described in ORS 197A.400(1)(b)(C) by the governing body of a local government. (2) “Apply” or “Application” means utilization of a model ordinance or module as the basis for approval or denial of a development application as provided in ORS 197A.400(1)(b)(C). (3) “Design Standard” has the meaning provided in OAR chapter 660, division 46. (4) “Housing Law” has the meaning provided in Oregon Laws 2024, chapter 110, section 1. (5) “Model Ordinance” means a complete set of standards or procedures applied to development as provided in ORS 197A.400(1)(b)(C) and this rule. “Model Ordinance” and “Model Code” are interchangeable. (6) “Module” means a component proportion of a model ordinance that is fully implementable with a complete set of standards or procedures applied to development. A module includes all applicable standards or procedures contained within the module as well as references and citations to other modules or applicable local land use regulations. A model ordinance may contain one or more modules. (7) “Recommended Standard” means a standard contained within a model ordinance that represents promising practice but allows for optional deviation where adopted or applied by a city. Recommended standards are demarcated or otherwise explicitly identified as recommended within a model ordinance. (8) “Siting Standard” has the meaning provided in OAR chapter 660, division 46. “Siting Standard” and “Development Standard” are interchangeable. (9) “Violate a Housing Law” means local government nonconformance with a housing law, including via locally-adopted land use regulations or as applied to a residential development application. (10) “Zoned for residential use” means land that: (a) Is within an urban growth boundary; (b) Has base zoning for, or is designated to allow, residential uses, including mixed-use residential; (c) Is not zoned primarily for commercial, industrial, agricultural or public uses; and (d) Is incorporated or urban unincorporated land. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.335 History: LCDD 8-2025, adopt filed 12/23/2025, effective 01/01/2026
660-008-0410 Model Ordinances (1) The commission adopts the following model ordinances as shown in Attachment C: (a) A model ordinance targeted for cities with a population of less than 2,500; (b) A model ordinance targeted for cities with a population of 2,500 or greater and less than 25,000; and (c) A model ordinance targeted for cities with a population of 25,000 or greater. (2) A model ordinance under this rule: (a) Does not amend acknowledged local land use regulations; (b) Is presumed to be clear and objective as provided in ORS 197A.400; (c) May apply on lands zoned for residential use; and (d) May not apply on lands that are not zoned for residential use, except where otherwise required by a housing law. (3) The adoption or application of a model ordinance does not: (a) Require a local government to amend or repeal locally-applicable land use regulations; (b) Prohibit a local government from amending locally-applicable land use regulations; (c) Affect the applicability of protective measures adopted or applied pursuant to a statewide planning goal; (d) Trigger a requirement that a local government consider or update an analysis under a statewide planning goal relating to economic development, transportation, or public facilities; and (e) Trigger a requirement to adopt or update a housing capacity analysis or housing production strategy as provided in OAR 660-008-0045. (4) Where one or more modules cite the following provisions, those provisions are applicable: (a) Provisions contained within a separate module, including but not limited to measurements and definitions; and (b) Locally-applicable land use regulations. (5) Where a model ordinance, module, or modules are amended by subsequent rulemaking, those amended provisions are applicable as provided in ORS 227.178(3) or ORS 215.427(3). [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: Oregon Laws 2024, chapter 111 & ORS 197.335 History: LCDD 8-2025, adopt filed 12/23/2025, effective 01/01/2026
660-008-0415 Optional Adoption and Application by Reference A city may adopt, in whole or in part, a model ordinance by reference targeted towards the city population size or targeted toward a larger city on land zoned for residential use within an urban growth boundary. (1) The adopting ordinance must: (a) Specify which model ordinance, module, or modules are proposed for adoption, including the commission adoption date; (A) Where a module contains more than one housing type, a city may adopt the standards to allow one or multiple housing types. (B) Nothing in this section requires a city to allow a housing type contained within a module containing more than one housing type, except as otherwise required by a housing law. (b) Specify the precise area, zones, or comprehensive plan designations in which the module or modules apply; and (c) Specify standards that apply in lieu of one or more recommended standards, if any. (2) A city may adopt a model ordinance, module, or modules that meet or exceed the maximum allowed density or intensity of lands zoned for residential use. (3) A city may not adopt a model ordinance, module, or modules to allow a housing type on lands that are either: (A) Not zoned for residential use; or (B) Zoned to require a greater minimum density or intensity than the maximum density or intensity permitted in the proposed model ordinance, module, or modules. (3) Recommended standards are applicable unless a city specifies in the adoption ordinance the alternative standard or standards that apply in lieu of the recommended standard. (4) Where a model ordinance, module, or modules are amended as provided in OAR 660-008-0410(5), a city that has adopted a model ordinance by reference is not required to readopt the module for the amendments to take effect. Nothing in this section prohibits a city from periodically evaluating, readopting, repealing, or establishing an expiration date for a model ordinance, module, or modules. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: Oregon Laws 2024, chapter 111 History: LCDD 8-2025, adopt filed 12/23/2025, effective 01/01/2026
660-008-0420 Application of a Model Ordinance to Comply with a Housing Law A local government may apply one or more modules directly to development to comply with an applicable housing law as provided under ORS 197.646. Where applying one or more modules directly to residential development to comply with an applicable housing law, the local government: (1) Must apply the module or modules in full to residential development where the housing law applies, except that recommended standards do not apply; (2) Is not required to adopt the module or modules by reference as provided in OAR 660-008-0415; (3) Is not prohibited from amending local land use regulations to comply with a housing law; (4) Is not otherwise prohibited from applying a housing law directly to land use decisions as provided in ORS 197.646(3); and (5) Is not required to violate a housing law and may apply one or more modules to remedy or prevent a violation of a housing law. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.646 History: LCDD 8-2025, adopt filed 12/23/2025, effective 01/01/2026
660-008-0430 Mandatory Application of a Model Ordinance Where a model ordinance is applied by an order issued under ORS 197.335(6), the applicable model ordinance supersedes locally-applicable land use regulations on lands specified by the commission. (1) Applicants may submit an application for the development of housing under either a model ordinance applied under this rule or under locally-applicable land use regulations. (2) Where a model ordinance contains a recommended standard, that standard is applicable to development. (3) The local government must notify existing and prospective applicants for the development of housing of their eligibility to utilize a model ordinance applied under this rule. (4) The model ordinance is effective until the terms of the order issued under ORS 197.335 are satisfied. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.335 History: LCDD 8-2025, adopt filed 12/23/2025, effective 01/01/2026
660-009-0000 Intent and Purpose The intent of the Land Conservation and Development Commission is to provide an adequate land supply for economic development and employment growth in Oregon. The intent of this division is to link planning for an adequate land supply to infrastructure planning, community involvement and coordination among local governments and the state. The purpose of this division is to implement Goal 9, Economic Development (OAR 660-015-0000(9)), and ORS 197.712(2)(a) to (d). This division responds to legislative direction to assure that comprehensive plans and land use regulations are updated to provide adequate opportunities for a variety of economic activities throughout the state (ORS 197.712(1)) and to assure that comprehensive plans are based on information about state and national economic trends (ORS 197.717(2)). Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.712 History: LCDD 16-2024, amend filed 12/20/2024, effective 01/01/2025 LCDD 7-2005, f. 12-13-05, cert. ef. 1-1-07 LCDC 4-1986, f. & ef. 10-10-86
660-009-0010 Application (1) This division applies to comprehensive plans for areas within urban growth boundaries. This division does not require or restrict planning for industrial and other employment uses outside urban growth boundaries. Cities and counties subject to this division must adopt plan and ordinance amendments necessary to comply with this division. (2) Comprehensive plans and land use regulations must be reviewed and amended as necessary to comply with this division as amended at the time of each periodic review of the plan pursuant to ORS 197.712(3). Jurisdictions that have received a periodic review notice from the Department (pursuant to OAR 660-025-0050) prior to the effective date of amendments to this division must comply with such amendments at their next periodic review unless otherwise directed by the Commission. (3) Cities and counties may rely on their existing plans to meet the requirements of this division if they conclude: (a) There are not significant changes in economic development opportunities (e.g., a need for sites not presently provided for in the plan) based on a review of new information about national, state, regional, county and local trends; and (b) That existing inventories, policies, and implementing measures meet the requirements in OAR 660-009-0015 to 660-009-0030. (4) For a post-acknowledgement plan amendment under OAR chapter 660, division 18, that changes the plan designation of land in excess of two acres within an existing urban growth boundary from an industrial use designation to a non-industrial use designation, or an other employment use designation to any other use designation, a city or county must address all applicable planning requirements, and: (a) Demonstrate that the proposed amendment is consistent with its most recent economic opportunities analysis and the parts of its acknowledged comprehensive plan which address the requirements of this division; (b) Amend its comprehensive plan to incorporate the proposed amendment, consistent with the requirements of this division; or (c) Adopt a combination of the above, consistent with the requirements of this division. (5) The effort necessary to comply with OAR 660-009-0015 through 660-009-0030 will vary depending upon the size of the jurisdiction, the detail of previous economic development planning efforts, and the extent of new information on national, state, regional, county, and local economic trends. A jurisdiction's planning effort is adequate if it uses the best available or readily collectable information to respond to the requirements of this division. (6) The 2024 amendments to this division are effective January 1, 2025. A city or county may voluntarily follow adopted amendments to this division prior to the effective date of the adopted amendments. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.712 History: LCDD 16-2024, amend filed 12/20/2024, effective 01/01/2025 LCDD 7-2005, f. 12-13-05, cert. ef. 1-1-07 LCDD 4-2001, f. & cert. ef. 10-2-01 LCDC 4-1986, f. & ef. 10-10-86
660-009-0030 Multi-Jurisdiction Coordination (1) Cities and counties are strongly encouraged to coordinate when implementing OAR 660-009-0015 to 660-009-0025. (2) Jurisdictions that coordinate under this rule may: (a) Conduct a single coordinated economic opportunities analysis; and (b) Designate lands among the coordinating jurisdictions in a mutually agreed proportion. Statutory/Other Authority: ORS 197.040 & ORS 284.577 Statutes/Other Implemented: ORS 284.580 & ORS 197.712 History: LCDD 16-2024, amend filed 12/20/2024, effective 01/01/2025 LCDD 7-2005, f. 12-13-05, cert. ef. 1-1-07
660-011-0000 Purpose The purpose of this division is to aid in achieving the requirements of Goal 11, Public Facilities and Services, OAR 660-015-0000(11), interpret Goal 11 requirements regarding public facilities and services on rural lands, and implement ORS 197.712(2)(e), which requires that a city or county shall develop and adopt a public facility plan for areas within an urban growth boundary containing a population greater than 2,500 persons. The purpose of the plan is to help assure that urban development in such urban growth boundaries is guided and supported by types and levels of urban facilities and services appropriate for the needs and requirements of the urban areas to be serviced, and that those facilities and services are provided in a timely, orderly and efficient arrangement, as required by Goal 11. The division contains definitions relating to a public facility plan, procedures and standards for developing, adopting, and amending such a plan, the date for submittal of the plan to the Commission and standards for Department review of the plan. [ED. NOTE: Goals referenced are available from the agency.] Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.712 History: LCDD 4-1998, f. & cert. ef. 7-28-98 LCDC 4-1984, f. & ef. 10-18-84
660-011-0010 The Public Facility Plan (1) The public facility plan shall contain the following items: (a) An inventory and general assessment of the condition of all the significant public facility systems which support the land uses designated in the acknowledged comprehensive plan; (b) A list of the significant public facility projects which are to support the land uses designated in the acknowledged comprehensive plan. Public facility project descriptions or specifications of these projects as necessary; (c) Rough cost estimates of each public facility project; (d) A map or written description of each public facility project’s general location or service area; (e) Policy statement(s) or urban growth management agreement identifying the provider of each public facility system. If there is more than one provider with the authority to provide the system within the area covered by the public facility plan, then the provider of each project shall be designated; (f) An estimate of when each facility project will be needed; and (g) A discussion of the provider’s existing funding mechanisms and the ability of these and possible new mechanisms to fund the development of each public facility project or system. (2) Those public facilities to be addressed in the plan shall include, but need not be limited to those specified in OAR 660-011-0005(5). Facilities included in the public facility plan other than those included in OAR 660-011-0005(5) will not be reviewed for compliance with this rule. (3) It is not the purpose of this division to cause duplication of or to supplant existing applicable facility plans and programs. Where all or part of an acknowledged comprehensive plan, facility master plan either of the local jurisdiction or appropriate special district, capital improvement program, regional functional plan, similar plan or any combination of such plans meets all or some of the requirements of this division, those plans, or programs may be incorporated by reference into the public facility plan required by this division. Only those referenced portions of such documents shall be considered to be a part of the public facility plan and shall be subject to the administrative procedures of this division and ORS Chapter 197. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.712 History: LCDC 4-1984, f. & ef. 10-18-84
660-011-0015 Responsibility for Public Facility Plan Preparation (1) Responsibility for the preparation, adoption and amendment of the public facility plan shall be specified within the urban growth management agreement. If the urban growth management agreement does not make provision for this responsibility, the agreement shall be amended to do so prior to the preparation of the public facility plan. In the case where an unincorporated area exists within the Portland Metropolitan Urban Growth Boundary which is not contained within the boundary of an approved urban planning area agreement with the County, the County shall be the responsible agency for preparation of the facility plan for that unincorporated area. The urban growth management agreement shall be submitted with the public facility plan as specified in OAR 660-011-0040. (2) The jurisdiction responsible for the preparation of the public facility plan shall provide for the coordination of such preparation with the city, county, special districts and, as necessary, state and federal agencies and private providers of public facilities. The Metropolitan Service District is responsible for public facility plans coordination within the District consistent with ORS 197.190 and 268.390. (3) Special districts, including port districts, shall assist in the development of the public facility plan for those facilities they provide. Special districts may object to that portion of the facilities plan adopted as part of the comprehensive plan during review by the Commission only if they have completed a special district agreement as specified under ORS 197.185 and 197.254(3) and (4) and participated in the development of such portion of the public facility plan. (4) Those state agencies providing funding for or making expenditures on public facility systems shall participate in the development of the public facility plan in accordance with their state agency coordination agreement under ORS 197.180 and 197.712(2)(f). Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.712 History: LCDC 4-1984, f. & ef. 10-18-84
660-011-0020 Public Facility Inventory and Determination of Future Facility Projects (1) The public facility plan shall include an inventory of significant public facility systems. Where the acknowledged comprehensive plan, background document or one or more of the plans or programs listed in OAR 660-011-0010(3) contains such an inventory, that inventory may be incorporated by reference. The inventory shall include: (a) Mapped location of the facility or service area; (b) Facility capacity or size; and (c) General assessment of condition of the facility (e.g., very good, good, fair, poor, very poor). (2) The public facility plan shall identify significant public facility projects which are to support the land uses designated in the acknowledged comprehensive plan. The public facility plan shall list the title of the project and describe each public facility project in terms of the type of facility, service area, and facility capacity. (3) Project descriptions within the facility plan may require modifications based on subsequent environmental impact studies, design studies, facility master plans, capital improvement programs, or site availability. The public facility plan should anticipate these changes as specified in OAR 660-011-0045. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.712 History: LCDC 4-1984, f. & ef. 10-18-84
660-011-0025 Timing of Required Public Facilities (1) The public facilities plan shall include a general estimate of the timing for the planned public facility projects. This timing component of the public facilities plan can be met in several ways depending on whether the project is anticipated in the short term or long term. The timing of projects may be related directly to population growth, e.g., the expansion or new construction of water treatment facilities. Other facility projects can be related to a measure of the facility’s service level being met or exceeded, e.g., a major arterial or intersection reaching a maximum vehicle-per-day standard. Development of other projects may be more long term and tied neither to specific population levels nor measures of service levels, e.g., sewer projects to correct infiltration and inflow problems. These projects can take place over a long period of time and may be tied to the availability of long-term funding. The timing of projects may also be tied to specific years. (2) Given the different methods used to estimate the timing of public facilities, the public facility plan shall identify projects as occurring in either the short term or long term, based on those factors which are related to project development. For those projects designated for development in the short term, the public facility plan shall identify an approximate year for development. For those projects designated for development over the long term, the public facility plan shall provide a general estimate as to when the need for project development would exist, e.g., population level, service level standards, etc. Timing provisions for public facility projects shall be consistent with the acknowledged comprehensive plan’s projected growth estimates. The public facility plan shall consider the relationships between facilities in providing for development. (3) Anticipated timing provisions for public facilities are not considered land use decisions as specified in ORS 197.712(2)(e), and, therefore, cannot be the basis of appeal under ORS 197.610(1) and (2) or 197.835(4). Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.712 History: LCDC 4-1984, f. & ef. 10-18-84
660-011-0030 Location of Public Facility Projects (1) The public facility plan shall identify the general location of the public facility project in specificity appropriate for the facility. Locations of projects anticipated to be carried out in the short term can be specified more precisely than the locations of projects anticipated for development in the long term. (2) Anticipated locations for public facilities may require modifications based on subsequent environmental impact studies, design studies, facility master plans, capital improvement programs, or land availability. The public facility plan should anticipate those changes as specified in OAR 660-011-0045. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.712 History: LCDC 4-1984, f. & ef. 10-18-84