justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 197 — Comprehensive Land Use

ORS 197.832. Board Publications Account. The Board Publications Account is established in the General Fund. All moneys in the account are appropriated continuously to the Land Use Board of Appeals to be used for paying expenses incurred by the board under ORS 197.830 (17). Disbursements of moneys from the account shall be approved by a member of the board.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.835. Scope of review; rules. (1)(a) The Land Use Board of Appeals shall review the land use decision or limited land use decision and prepare a final order affirming, reversing or remanding the land use decision or limited land use decision. (b) If a local government demonstrates that a land use decision adopting a change to an acknowledged comprehensive plan or land use regulation contains a severability clause and specifically challenged portions of the changes may be reasonably severable from the remainder of the changes, the board may affirm in part. Reasonably severable means the remaining parts, standing alone, are complete and capable of being executed with the legislative intent. The affirmed parts are not affected by the reversal or remand, continue in effect and are considered acknowledged as described in ORS 197.625. (c) The board shall adopt rules defining the circumstances in which it will reverse rather than remand a land use decision or limited land use decision or part of a decision that is not affirmed. (2)(a) Review of a decision under ORS 197.830 to 197.845 shall be confined to the record. (b) In the case of disputed allegations of standing, unconstitutionality of the decision, ex parte contacts, actions described in subsection (10)(a)(B) of this section or other procedural irregularities not shown in the record that, if proved, would warrant reversal or remand, the board may take evidence and make findings of fact on those allegations. The board shall be bound by any finding of fact of the local government, special district or state agency for which there is substantial evidence in the whole record. (3) The board may only review issues raised by any participant before the local hearings body as provided by ORS 197.195, 197.622 or 197.797, whichever is applicable. (4) A petitioner may raise new issues to the board regarding a quasi-judicial decision made under ORS 197.195 or 197.797 only if: (a) The local government failed to list the applicable criteria for a decision under ORS 197.195 (3)(c) or 197.797 (3)(b), in which case a petitioner may raise new issues based upon applicable criteria that were omitted from the notice. However, the board may refuse to allow new issues to be raised if it finds that the issue could have been raised before the local government; or (b) The local government made a land use decision or limited land use decision which is different from the proposal described in the notice to such a degree that the notice of the proposed action did not reasonably describe the local governments final action. (5) The board shall reverse or remand a land use decision not subject to an acknowledged comprehensive plan and land use regulations if the decision does not comply with the goals. The board shall reverse or remand a land use decision or limited land use decision subject to an acknowledged comprehensive plan or land use regulation if the decision does not comply with the goals and the Land Conservation and Development Commission has issued an order under ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.840. Exceptions to deadline for final decision. (1) The following periods of delay shall be excluded from the 77-day period within which the board must make a final decision on a petition under ORS 197.830 (14): (a) Any period of delay up to 120 days resulting from the boards deferring all or part of its consideration of a petition for review of a land use decision or limited land use decision that allegedly violates the goals if the decision has been: (A) Submitted for acknowledgment under ORS 197.251; or (B) Submitted to the Department of Land Conservation and Development as part of a periodic review work program task pursuant to ORS 197.628 to 197.651 and not yet acknowledged. (b) Any period of delay resulting from a motion, including but not limited to, a motion disputing the constitutionality of the decision, standing, ex parte contacts or other procedural irregularities not shown in the record. (c) Any reasonable period of delay resulting from a request for a stay under ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.843. Attorney fees for applicant developing affordable housing. (1) The Land Use Board of Appeals shall award attorney fees to an applicant whose application is only for the development of affordable housing, as defined in ORS 197A.445, or publicly supported housing, as defined in ORS 456.250, if the board affirms a quasi-judicial land use decision approving the application or reverses a quasi-judicial land use decision denying the application. (2) A party who was awarded attorney fees under this section or ORS 197.850 shall repay the fees plus any interest from the time of the judgment if the property upon which the fees are based is developed for a use other than affordable housing. (3) As used in this section: (a) Applicant includes: (A) An applicant with a funding reservation agreement with a public funder for the purpose of developing publicly supported housing; (B) A housing authority, as defined in ORS 456.005; (C) A qualified housing sponsor, as defined in ORS 456.548; (D) A religious nonprofit corporation; (E) A public benefit nonprofit corporation whose primary purpose is the development of affordable housing; and (F) A local government that approved the application of an applicant described in this paragraph. (b) Attorney fees includes prelitigation legal expenses, including preparing the application and supporting the application in local land use hearings or proceedings.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.850. Judicial review of board order; procedures; scope of review; attorney fees; undertaking. (1) Any party to a proceeding before the Land Use Board of Appeals under ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.855. Deadline for final court order; exceptions. (1) The Court of Appeals shall issue a final order on a petition for review filed under ORS 197.850 within 91 days after oral argument on the petition. (2) The following periods of delay shall be excluded from the 91-day period within which the court must issue a final order on a petition: (a) Any period of delay resulting from a motion properly before the court; or (b) Any reasonable period of delay resulting from a continuance granted by the court on the courts own motion or at the request of one of the parties, if the court granted the continuance on the basis of findings that the ends of justice served by granting the continuance outweigh the best interest of the public and the parties in having a decision within 91 days. (3) No period of delay resulting from a continuance granted by the court under subsection (2)(b) of this section shall be excludable under this section unless the court sets forth, in the record, either orally or in writing, its reasons for finding that the ends of justice served by granting the continuance outweigh the best interests of the public and the other parties in a decision within the 91 days. The factors the court shall consider in determining whether to grant a continuance under subsection (2)(b) of this section in any case are as follows: (a) Whether the failure to grant a continuance in the proceeding would be likely to make a continuation of the proceeding impossible or result in a miscarriage of justice; or (b) Whether the case is so unusual or so complex, due to the number of parties or the existence of novel questions of fact or law, that it is unreasonable to expect adequate consideration of the issues within the 91-day time limit. (4) No continuance under subsection (2)(b) of this section shall be granted because of general congestion of the court calendar or lack of diligent preparation or attention to the case by any member of the court or any party.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.860. Stay of proceedings to allow mediation. All parties to an appeal may at any time prior to a final decision by the Court of Appeals under ORS 197.855 stipulate that the appeal proceeding be stayed for any period of time agreeable to the parties and the board or court to allow the parties to enter mediation. Following mediation, the board or the court may, at the request of the parties, dismiss the appeal or remand the decision to the board or the local government with specific instructions for entry of a final decision on remand. If the parties fail to agree to a stipulation for remand or dismissal through mediation within the time the appeal is stayed, the appeal shall proceed with such reasonable extension of appeal deadlines as the board or Court of Appeals considers appropriate. [1989 c.761 14] _______________
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.015. Definitions for ORS 197.475 to 197.493 and ORS chapter 197A. As used in ORS 197.475 to 197.493 and ORS chapter 197A: (1) Allocated housing need means the housing need allocated to a city under ORS 184.453 (2) as segmented by income level under ORS 184.453 (4). (2) Buildable lands means lands in urban and urbanizable areas that are suitable, available and necessary for the development of needed housing over a 20-year planning period, including both vacant land and developed land likely to be redeveloped. (3) City and city with a population of 10,000 or greater includes, regardless of size, any city within Tillamook County and the communities of Barview/Twin Rocks/Watseco, Cloverdale, Hebo, Neahkahnie, Neskowin, Netarts, Oceanside and Pacific City/Woods. (4) Development-ready lands means buildable lands that are likely to support the production of housing during the period of their housing production target under ORS 184.455 (1) because the lands are: (a) Currently annexed and zoned to allow housing through clear and objective standards and procedures; (b) Readily served through adjacent public facilities or identified for the near-term provision of public facilities through an adopted capital improvement plan; and (c) Not encumbered by any applicable local, state or federal protective regulations or have appropriate entitlements to prepare the land for development. (5) Government assisted housing means housing that is financed in whole or part by either a federal or state housing agency or a housing authority as defined in ORS 456.005, or housing that is occupied by a tenant or tenants who benefit from rent supplements or housing vouchers provided by either a federal or state housing agency or a local housing authority. (6) Housing capacity means the number of needed housing units that can be developed on buildable lands within the 20-year planning period based on the lands comprehensive plan designation and capacity for housing development and redevelopment. (7) Housing production strategy means a strategy adopted by a local government to promote housing production under ORS 197A.100. (8) Manufactured dwelling, manufactured dwelling park, manufactured home and mobile home park have the meanings given those terms in ORS 446.003. (9) Periodic review means the process and procedures as set forth in ORS 197.628 to 197.651. (10) Prefabricated structure means a prefabricated structure, as defined in ORS 455.010, that is relocatable, more than eight and one-half feet wide and designed for use as a single-family dwelling. [Formerly 197.286]
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.018. Definition of needed housing. (1) As used in ORS chapter 197A, and except as provided in subsection (2) of this section: (a) Needed housing means housing by affordability level, as described in ORS 184.453 (4), type, characteristics and location that is necessary to accommodate the citys allocated housing need over the 20-year planning period in effect when the citys housing capacity is determined. (b) Needed housing includes the following housing types: (A) Detached single-family housing, middle housing types as described in ORS
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.020. Limitations on requiring contribution for government assisted housing. ORS chapter 197A does not require a city or county to contribute to the financing, administration or sponsorship of government assisted housing. [Formerly 197.313]
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.030. Department support to local governments to incentivize needed housing. The Department of Land Conservation and Development may provide technical assistance and award grants to local governments to enable them to implement the provisions of ORS chapter 197A and to take other actions to incentivize the production of needed housing within the jurisdiction of the local government. [2023 c.13 10] Note:
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.100. Department of Land Conservation and Development. (2) The submission under subsection (1) of this section must include copies of: (a) The signed decision adopting the housing production strategy or amended strategy; (b) The text of the housing production strategy clearly indicating any amendments to the most recent strategy submitted under this section; and (c) A brief narrative summary of the housing production strategy. (3) On the same day the city submits notice of the housing production strategy or amended strategy, the city shall provide a notice to persons that participated in the proceedings that led to the adoption of the strategy and requested notice in writing. (4) Within 10 days of receipt of the submission under subsection (1) of this section, the department shall provide notice to persons described under ORS 197.615 (3). (5) The notices given under subsections (3) and (4) of this section must state: (a) How and where materials described in subsection (2) of this section may be freely obtained; (b) That comments on the strategy may be submitted to the department within 45 days after the department has received the submission; and (c) That there is no further right of appeal. (6) Based upon criteria adopted by the Land Conservation and Development Commission, the department shall, within 120 days after receiving the submission under subsection (1) of this section: (a) Approve the housing production strategy; (b) Approve the housing production strategy, subject to further review and actions; or (c) Remand the housing production strategy for further modification as identified by the department. (7) A determination by the department under subsection (6) of this section is not a land use decision and is final and not subject to appeal. (8) The Land Conservation and Development Commission may adopt rules describing circumstances in which a citys amendment to a comprehensive plan or adoption of a land use regulation is not subject to review, including under ORS 197.610 to 197.625, for compliance with a statewide land use planning goal related to transportation or economic development if the amendment or adoption is included within a housing production strategy that has been approved under subsection (6) of this section. In establishing circumstances under this subsection, the commission shall provide equal weight to housing, economic and transportation statewide land use planning goals as required under ORS 197.340. [Formerly 197.291]
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.103. Review of housing production strategy; rules. (1) No later than 20 days after a citys adoption or amendment of a housing production strategy under ORS
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.110. City report on housing permitting and production. (1) No later than February 1 of each year, each city with a population of 10,000 or greater shall submit to the Department of Land Conservation and Development a report for the immediately preceding calendar year setting forth: (a) The number of residential units permitted and the number produced, segmented by: (A) Single-family homes. (B) Accessory dwelling units. (C) Units of middle housing. (D) Multifamily residential units, not including middle housing. (E) Units with accessibility features or of an accessibility category as recognized by a building code established under ORS chapter 455. (b) For each segment under paragraph (a) of this subsection, the number of units that were subject to a recorded agreement that runs with the land and that requires affordability for an established income level for a defined period, but that would not be included in the inventory of publicly supported housing described in ORS 456.601 (3)(a). (2) The Department of Land Conservation and Development, in consultation with the Housing and Community Services Department, shall develop a format by which data required under this section must be submitted. The Department of Land Conservation and Development shall provide a copy of any form or notice of the format to each city required to provide a report. (3) The Department of Land Conservation and Development shall provide a copy of the data received under this section to the Oregon Department of Administrative Services and the Housing and Community Services Department by July 1 of each year.
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.115. City report on implementation of housing production strategy. Between 12 and 18 months before a citys deadline for completing a housing capacity determination under ORS 197A.270 (2), 197A.280 (2) or 197A.335 (1), each city with a population of 10,000 or greater shall submit to the Department of Land Conservation and Development a report setting forth the actions that a city has taken since its most recent housing capacity determination to implement its housing production strategy or to otherwise encourage the development of needed housing, to increase the affordability of housing, to reduce rent burdens, to affirmatively further fair housing or to otherwise meet the purposes of ORS 197A.100 (2).
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.205. Housing and Community Services Department review of certain local housing measures. (1) Upon request of the Department of Land Conservation and Development, the Housing and Community Services Department shall review the inventory and analysis of housing, and measures taken to address the housing need, required of certain local governments under ORS 197A.270, 197A.280, 197A.335 or
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.210. Development-ready lands. (1) At the time that a city is required to inventory its buildable lands under ORS 197A.270, 197A.280 or 197A.335 (1), the city shall inventory its development-ready lands. (2) If the total housing production target is greater than the housing capacity of development-ready lands, the local government shall take any actions in ORS
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.215. Application to remove property from within urban growth boundary; conditions. (1) A local government may make a land use decision to approve an application to remove a lot or parcel from within an urban growth boundary if: (a) The application is submitted by the owner of the lot or parcel; (b)(A) The lot or parcel is adjacent to the edge of the urban growth boundary; or (B) The lot or parcel is adjacent to another lot or parcel that is removed under this section; (c) The lot or parcel is assessed under ORS 308A.050 to 308A.128 for its value for farm use; (d) The lot or parcel is not within the boundaries of a city; and (e) The lot or parcel is not included in an area identified for urban services under ORS 197.754. (2) A local government, in deciding whether to approve an application under subsection (1) of this section, shall consider: (a) The projected costs and other consequences of extending urban services to the affected lot or parcel; (b) The potential value in the investment of providing urban services to the affected lot or parcel; (c) Any requirement for expanding the urban growth boundary in other areas to compensate for any loss in buildable lands; and (d) The projected costs and other consequences of providing urban services to other areas brought in under an expanded urban growth boundary. (3)(a) Land that is removed from within an urban growth boundary pursuant to an application approved under this section shall be removed from any inventory of buildable lands maintained by the local government. (b) A local government that approves an application under this section shall either expand the urban growth boundary to compensate for any resulting reduction in available buildable lands or increase the development capacity of the remaining supply of buildable lands consistent with ORS 197A.270, 197A.280, 197A.285 to
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.230. Definitions for ORS 197A.230 to 197A.250. As used in ORS 197A.230 to
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.232. Findings regarding long-range planning. The Legislative Assembly finds that: (1) Long-range planning for population and employment growth by local governments can offer greater certainty for: (a) The agricultural and forest industries, by offering long-term protection of large blocks of land with the characteristics necessary to maintain their viability; and (b) Commerce, other industries, other private landowners and providers of public services, by determining the more and less likely locations of future expansion of urban growth boundaries and urban development. (2) State planning laws must support and facilitate long-range planning to provide this greater certainty. [Formerly 195.139]