justicedao/ipfs_state_laws huggingface dataset:
660-006-0040 Fire Safety Design Standards for Roads The governing body shall establish road design standards, except for private roads and bridges accessing only commercial forest uses, which ensure that public roads, bridges, private roads and driveways are constructed so as to provide adequate access for fire fighting equipment. Such standards shall address maximum grade, road width, turning radius, road surface, bridge design, culverts, and road access taking into consideration seasonal weather conditions. The governing body shall consult with the appropriate Rural Fire Protection District and Forest Protection District in establishing these standards. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.040, 197.230, 197.245, 215.700, 215.705, 215.720, 215.740, 215.750, 215.780 & Ch. 792 & 1993 OL History: LCDD 2-2011, f. & cert. ef. 2-2-11 LCDC 1-1990, f. & cert. ef. 2-5-90
660-006-0050 Uses Authorized in Agriculture/Forest Zones (1) Governing bodies may establish agriculture/forest zones in accordance with both Goals 3 and 4, and OAR chapter 660, divisions 6 and 33. (2) Uses authorized in Exclusive Farm Use Zones in ORS chapter 215, and in OAR 660-006-0025 and 660-006-0027, subject to the requirements of the applicable section, may be allowed in any agricultural/forest zone. The county shall apply either OAR chapter 660, division 6 or 33 standards for siting a dwelling in an agriculture/forest zone based on the predominant use of the tract on January 1, 1993. (3) Dwellings and related structures authorized under section (2), where the predominant use is forestry, shall be subject to the requirements of OAR 660-006-0029 and 660-006-0035. (4) A county in eastern Oregon shall apply either OAR chapter 660, division 6 or 33 standards for siting a photovoltaic solar power generation facility in an agriculture/forest zone based on the predominant use of the subject lot or parcel on January 1, 2024. Statutory/Other Authority: ORS 197.040, ORS 197.230 & ORS 197.245 Statutes/Other Implemented: ORS 197.040, ORS 197.230, ORS 197.245, ORS 215.213, ORS 215.283, ORS 215.700, ORS 215.705, ORS 215.720, ORS 215.740, ORS 215.750, ORS 215.780 & Ch. 792 1993 OL History: LCDD 6-2025, amend filed 11/10/2025, effective 01/01/2026 LCDD 2-2011, f. & cert. ef. 2-2-11 LCDC 1-1994, f. & cert. ef. 3-1-94 LCDC 1-1990, f. & cert. ef. 2-5-90
660-006-0057 Rezoning Land to an Agriculture/Forest Zone Any rezoning or plan map amendment of lands from an acknowledged zone or plan designation to an agriculture/forest zone requires a demonstration that each area being rezoned or replanned contains such a mixture of agriculture and forest uses that neither Goal 3 nor 4 can be applied alone. Statutory/Other Authority: ORS 197.040, 197.230 & 197.245 Statutes/Other Implemented: ORS 197.040, 197.230, 197.245, 215.213, 215.283, 215.700, 215.705, 215.720, 215.740, 215.750, 215.780 & Ch. 792 & 1993 OL History: LCDD 2-2011, f. & cert. ef. 2-2-11 LCDC 1-1994, f. & cert. ef. 3-1-94 LCDC 7-1992, f. & cert. ef. 12-10-92 LCDC 1-1990, f. & cert. ef. 2-5-90
660-006-0060 Regulation of Forest Operations The Forest Practices Act (ORS 527.620 to 527.992) as implemented through Oregon Board of Forestry rules regulates forest operations on forest lands. The relationship between the Forest Practices Act and land use planning is described in ORS 527.722 to 527.726. OAR 660-006-0025 does not authorize county governing bodies to regulate forest operations or other uses allowed by ORS 527.620 to 527.990 and Oregon Board of Forestry rules. Statutory/Other Authority: ORS 197.040 & 215 Statutes/Other Implemented: ORS 197.040, 197.230, 197.245, 215.700, 215.705, 215.720, 215.740, 215.750, 215.780 & Ch. 792 & 1993 OL History: LCDD 2-2011, f. & cert. ef. 2-2-11 LCDC 7-1992, f. & cert. ef. 12-10-92 LCDC 1-1990, f. & cert. ef. 2-5-90, Renumbered from 660-006-0030 LCDC 8-1982, f. & cert. ef. 9-1-82
660-008-0000 Purpose The purpose of this division is to ensure opportunity for and promotion of the provision of adequate numbers of needed housing units and the efficient use of land within urban growth boundaries across all communities in the state. The division ensures significant predictability in the development process so as to reduce housing costs and offers a framework for evaluation and progress on housing production, affordability, and choice. Additionally, this division aims to promote safe, accessible, and affordable housing options for all Oregonians in their communities of choice, in alignment with the Affirmatively Furthering Fair Housing mandate. This division emphasizes fair housing outcomes, environmental justice, climate mitigation and resilience, and access to opportunity, following the principles of transparency, equitable engagement, and sustainability as provided in ORS 197A.025. This division provides standards for compliance with Goal 10 “Housing” and to implement ORS chapter 197A, ORS 184.453, and ORS 184.455, which include statewide allocation of housing need under the Oregon Housing Needs Analysis. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.475 - 197.493 & ORS 197A.015 - 197A.470 History: LCDD 8-2025, amend filed 12/23/2025, effective 01/01/2026 LCDD 15-2024, amend filed 12/20/2024, effective 01/01/2025 LCDD 2-2012, f. & cert. ef. 2-14-12 LCDD 3-2004, f. & cert. ef. 5-7-04 LCDC 3-1982, f. & ef. 7-21-82
660-008-0015 Clear and Objective Approval Standards Required (1) Except as provided in section (2), a local government may adopt and apply only clear and objective standards, conditions and procedures regulating the development of needed housing on buildable land. The standards, conditions and procedures may not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay. (2) In addition to an approval process for needed housing based on clear and objective standards, conditions and procedures as provided in section (1), a local government may adopt and apply an optional alternative approval process for applications and permits for residential development based on approval criteria regulating, in whole or in part, appearance or aesthetics that are not clear and objective if: (a) The applicant retains the option of proceeding under the approval process that meets the requirements of section (1); (b) The approval criteria for the alternative approval process comply with applicable statewide land use planning goals and rules; and (c) 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 section (1). (3) Subject to section (1), this rule does not infringe on a local government’s prerogative to: (a) Set approval standards under which a particular housing type is permitted outright; (b) Impose special conditions upon approval of a specific development proposal; or (c) Establish approval procedures. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.475 - 197.493 & ORS 197A.015 - 197A.470 History: LCDD 15-2024, amend filed 12/20/2024, effective 01/01/2025 LCDD 2-2012, f. & cert. ef. 2-14-12 LCDC 3-1982, f. & ef. 7-21-82
660-008-0080 Review of Contextualized Housing Need (1) The standard process for completing the contextualized housing need includes: (a) Submission of the contextualized housing need as a component of the adoption of the housing capacity analysis as provided in OAR 660-008-0045(3), and (b) The department shall review the sufficiency of the contextualized housing need based upon requirements provided in OAR 660-008-0075 at the time the city adopts its housing capacity analysis as provided in OAR 660-008-0045(3). (2) A city may opt into an alternate process for completing the contextualized housing need through a segmented housing production strategy review under OAR 660-008-0215 prior to the adoption of a housing capacity analysis and housing production strategy wherein, (a) The city shall notify the department of the selection of the segmented housing production strategy review, and (b) Neither the department’s decision nor the city’s adoption of the contextualized housing need under this section is a land use decision. (3) The contextualized housing need may be identified as a work task in a work program and reviewed as provided in OAR 660-025-0185, the sequential Review of Urban Growth Boundary Amendment Components rule. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012, ORS 197.475 - 197.493, ORS 197A.015-197A.470 & ORS 197.626 History: LCDD 15-2024, adopt filed 12/20/2024, effective 01/01/2025
660-008-0120 Specific Plan Designations Required (1) Plan designations that allow or require residential uses shall be assigned to all buildable land. Such designations may allow residential uses as well as nonresidential uses including but not limited to neighborhood-serving commercial as defined in OAR 660-024-0010(8) and open space to increase proximity to community assets and increase fair housing choice. Such designations may be considered to be “residential plan designations” for the purposes of this division. The plan designations assigned to buildable land shall be specific so as to accommodate the varying housing types and densities based on the needed housing types. (2) A local government may defer the assignment of specific residential plan designations only when the following conditions have been met: (a) Uncertainties concerning the funding, location and timing of public facilities have been identified in the local comprehensive plan; (b) The decision not to assign specific residential plan designations is specifically related to identified public facilities constraints and is so justified in the plan; and (c) The plan includes a time-specific strategy for resolution of identified public facilities uncertainties and a policy commitment to assign specific residential plan designations when identified public facilities uncertainties are resolved. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.475 - 197.490 & ORS 197A.015 - 197A.470 History: LCDD 8-2025, amend filed 12/23/2025, effective 01/01/2026 LCDD 15-2024, adopt filed 12/20/2024, effective 01/01/2025
660-008-0125 The Rezoning Process A local government may defer rezoning of land within an urban growth boundary to maximum planned residential density provided that the process for future rezoning is reasonably justified. If such is the case, then: (1) The plan shall contain a justification for the rezoning process and policies which explain how this process will be used to provide for needed housing. (2) Standards and procedures governing the process for future rezoning shall be based on the rezoning justification and policy statement, and must be clear and objective and meet other requirements in OAR 660-008-0015. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197A.015 - 197A.470 & ORS 197.475 - 197.490 History: LCDD 15-2024, adopt filed 12/20/2024, effective 01/01/2025
660-008-0185 Sufficiency of Development-Ready Land (1) A city shall demonstrate adequate development-ready capacity to meet housing production targets (ORS 184.455) consistent with OAR 660-008-0075 through the provision of sufficient development-ready land. A city must: (a) Calculate capacity of development-ready land consistent with capacity assigned in a city’s Buildable Land Inventory. (b) Quantify sufficiency of development-ready land in acres and in translation of acres to needed units. The amount of capacity assumed to be contributed by redevelopment shall also be quantified. (c) Map locations of development-ready land, except for redevelopment, to overlay or otherwise compare buildable land to development-ready land. (d) Provide quantifiable validation if more than 20 percent of the housing production target is assumed to be satisfied by redevelopment. (e) Discount density estimates assumed proportionate to the service capacity available for areas impacted by service limitations according to service availability within the near-term planning period as provided in OAR 660-008-0180(2)(c). (f) Discount density estimates assumed for areas impacted by local, state, and federal encumbrances likely to limit development capacity of areas within the near-term planning period as provided in OAR 660-008-0180(2)(d). (2) If a city’s Development-Ready Land Inventory enumerates a deficiency of development-ready land quantity, or development-ready capacity, a jurisdiction shall take actions under ORS 197A.100(3) that demonstrably prepare lands for development or redevelopment, or increase the housing capacity of existing development-ready lands, to remedy the deficiency. A city: (a) Shall select actions that materially incorporate results from the contextualized housing need in showing how an action will alleviate an identified development-ready land or capacity deficiency; and (b) May choose actions that increase development-ready land quantity or capacity to serve other community objectives. (3) A city shall include the development-ready land inventory with submittals for the city’s Housing Production Strategy as provided in OAR 660-008-0200(2)(e). Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197A.210, ORS 197A.015 & ORS 197A.100 History: LCDD 8-2025, adopt filed 12/23/2025, effective 01/01/2026
660-008-0215 Review of Housing Production Strategies (1) No later than 20 days after a city’s adoption or amendment of a housing production strategy under ORS 197A.100, a city must submit the adopted or amended housing production strategy to the department. (2) On the same day the city submits notice of the adopted or amended housing production strategy to the department, the city must provide a notice to persons who participated in the proceedings that led to the adoption or amendment of the housing production strategy and requested notice in writing. (3) Within ten days of receipt of the submission under section (1), the department must provide notice to persons as provided in ORS 197.615(3). (4) Notices given under sections (2) and (3) must state: (a) How and where materials described under section (5) may be freely obtained; (b) That comments on the housing production strategy may be submitted to the department within 45 days after the department has received the submission under section (1); and (c) That there is no further right of appeal of the department’s decision under section (7). (5) The submission under section (1) must include copies of: (a) The signed decision adopting or amending the housing production strategy; (b) The text of the housing production strategy as provided in OAR 660-008-0200, and any amendments to the most recent housing production strategy submitted under section (1); and (c) A brief narrative summary of the housing production strategy. (6) The department shall review the sufficiency of the housing production strategy based upon the following: (a) Requirements provided in OAR 660-008-0075 to 660-008-0210, and (b) Other attributes that the commission considers relevant. (7) The department shall, within 120 days after receiving the submission under section (1): (a) Approve the housing production strategy; (b) Approve the housing production strategy, subject to further review and actions recommended by the department based on its review under section (6); or (c) Remand the housing production strategy for further modification as identified by the department. (8) A department determination under section (7) is not a land use decision and is final and not subject to appeal. (9) The department will maintain an annual summary of proposed actions included in housing production strategies submitted under section (1) and midpoint reports submitted under OAR 660-008-0230. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197A.015 - 197A.470 History: LCDD 15-2024, adopt filed 12/20/2024, effective 01/01/2025
660-008-0240 Housing Coordination Strategy Metro must, and other regional governments or bodies may, develop housing coordination strategies as provided in ORS 197A.365. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.274 & ORS 197A.015 - 197A.470 History: LCDD 15-2024, adopt filed 12/20/2024, effective 01/01/2025
660-008-0300 Housing Acceleration Program Purpose In addition to the purpose statement in OAR 660-008-0000, OAR 660-008-0300 to OAR 660-008-0335 are intended to operationalize the housing acceleration program under ORS 197A.130 and provide a clear and consistent framework by which cities comply with Goal 10 and take action to address identified barriers to housing production, affordability, and choice. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197A.130 History: LCDD 15-2024, adopt filed 12/20/2024, effective 01/01/2025
660-008-0310 Referral for Non-Compliance in Adoption of Housing Capacity Analysis and Housing Production Strategy A city is required to adopt a housing capacity analysis and housing production strategy under OAR 660-008-0045. The department is required to annually refer to the housing acceleration program each city that has failed to adopt a housing production strategy under ORS 197A.130(3)(b). To minimize and remedy delinquency in completing these requirements by the prescribed deadlines, the department must refer a city for non-compliance in the adoption of a housing capacity analysis or housing production strategy via the following provisions: (1) A city that determines it will be unable to adopt a housing capacity analysis, housing production strategy report, or midpoint report by the prescribed deadline may request that the department provide a time extension for good cause. The city must notify the department of the expected delinquency at least 60 days before the applicable deadline for a housing capacity analysis or housing production strategy. In response, the department may take any of the following actions: (a) For a housing capacity analysis, provide written authorization for the city to adopt concurrently with a housing production strategy by the deadline provided in ORS 197A.100(1); (b) Recommend an amended deadline to the commission for a housing capacity analysis or housing production strategy under OAR 660-008-0045; (c) Review components of a housing capacity analysis, response to an identified deficiency, or housing production strategy under OAR 660-025-0185; or (d) Within 90 days, enter into a voluntary agreement to remedy the delinquency outlining specific actions, timelines, and resources necessary to adopt a housing capacity analysis or housing production strategy. (2) The department must refer a city that has: (a) Not adopted a housing capacity analysis or housing production strategy by the prescribed deadline and not received a time extension for good cause under section (1), (b) Not fulfilled the actions and deadlines of a work plan or agreement under section (1) to the housing acceleration program, (c) Failed to enter into or fulfill the terms of a time extension or voluntary agreement under section (1); or (d) Not made a good faith effort to adopt a housing capacity analysis or housing production strategy, such as missed deadlines and incomplete or non-responsive materials. (3) For cities referred to the housing acceleration program under section (2), the department must conduct an audit under OAR 660-008-0325 and enter into a housing acceleration agreement under OAR 660-008-0330 focused only on the local barriers to the adoption of a housing production strategy and all supporting documents. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197A.100 & ORS 197A.130 History: LCDD 8-2025, amend filed 12/23/2025, effective 01/01/2026 LCDD 15-2024, adopt filed 12/20/2024, effective 01/01/2025
660-008-0315 Referral for Non-Compliance in Undertaking Actions in a Housing Production Strategy A city is required to undertake actions in a housing production strategy by the deadline under ORS 197A.100(4). The department is required to annually refer each city to the housing acceleration program at its midpoint that has not taken actions adopted in its housing production strategy under ORS 197A.130(3)(c). (1) The department will not refer a city to the housing acceleration program under this provision if the city has received either or both: (a) An extension for good cause under OAR 660-008-0230(4)(a); (b) Department approval to undertake a replacement action or actions in the housing production strategy under OAR 660-008-0230(4)(b). (2) The department must refer a city that has not undertaken the action by the revised deadline under OAR 660-008-0230(4) and is not exempt from referral under section (1) to the housing acceleration program pursuant to ORS 197A.130(3)(c). (a) Referral under this section may only occur after the submittal and department evaluation of a midpoint report. (b) The department will evaluate implementation of and progress on all actions included in an adopted housing production strategy since the previous midpoint report. (3) For cities referred under section (2), the department must conduct an audit under OAR 660-008-0325 focused only on: (a) The action or actions that the city has failed to undertake; (b) The housing needs addressed by the action or actions; (c) Other actions taken by the city to address the needs; and (d) Any additional proportionate actions that may be necessary to address the needs, in lieu of the action or actions in subsection (a). (4) A housing acceleration agreement developed under OAR 660-008-0330 to address failure of a city to undertake an action shall only include needed proportionate actions necessary to address an outstanding housing need resulting from the failure to undertake an action or actions under this rule. (5) A city submitting materials to the department under OAR 660-008-0325(2), may provide the department the following materials for consideration in the audit: (a) Any specific actions the city has taken to address the need in lieu of the action or actions proposed in the housing production strategy; and (b) Any alternative actions the city could take to proportionately address the need. (6) If a city is also referred to the housing acceleration program under OAR 660-008-0320, the department must consolidate the audit under section (3) and agreement under section (4) into a single process, consistent with the deadlines under ORS 197A.130. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197A.130 History: LCDD 8-2025, amend filed 12/23/2025, effective 01/01/2026 LCDD 15-2024, adopt filed 12/20/2024, effective 01/01/2025
660-008-0400 Purpose of Model Ordinances For the purpose of assisting cities in complying with housing laws and facilitating housing production, affordability, and choice, consistent with the principles of ORS 197A.025, model ordinances adopted in this section may be applied to residential development as provided in OAR 660-008-0400 to 660-008-0430. 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