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

ORS 197.460. Compatibility with adjacent land uses; county measures; economic impact analysis; traffic impact analysis. A county shall ensure that a destination resort is compatible with the site and adjacent land uses through the following measures: (1) Important natural features, including habitat of threatened or endangered species, streams, rivers and significant wetlands shall be retained. Riparian vegetation within 100 feet of streams, rivers and significant wetlands shall be retained. Alteration of important natural features, including placement of structures that maintain the overall values of the feature may be allowed. (2) Improvements and activities shall be located and designed to avoid or minimize adverse effects of the resort on uses on surrounding lands, particularly effects on intensive farming operations in the area. At a minimum, measures to accomplish this shall include: (a) Establishment and maintenance of buffers between the resort and adjacent land uses, including natural vegetation and where appropriate, fences, berms, landscaped areas and other similar types of buffers. (b) Setbacks of structures and other improvements from adjacent land uses. (3) If the site is west of the summit of the Coast Range and within 10 miles of an urban growth boundary, or if the site is east of the summit of the Coast Range and within 25 miles of an urban growth boundary, the county shall require the applicant to submit an economic impact analysis of the proposed development that includes analysis of the projected impacts within the county and within cities whose urban growth boundaries are within the distance specified in this subsection. (4) If the site is west of the summit of the Coast Range and within 10 miles of an urban growth boundary, or if the site is east of the summit of the Coast Range and within 25 miles of an urban growth boundary, the county shall require the applicant to submit a traffic impact analysis of the proposed development that includes measures to avoid or mitigate a proportionate share of adverse effects of transportation on state highways and other transportation facilities affected by the proposed development, including transportation facilities in the county and in cities whose urban growth boundaries are within the distance specified in this subsection.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.462. Use of land excluded from destination resort. A portion of a tract that is excluded from the site of a destination resort pursuant to ORS 197.435 (7) shall not be used or operated in conjunction with the resort. Subject to this limitation, the use of the excluded property shall be governed by otherwise applicable law.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.465. Comprehensive plan implementing measures. An acknowledged comprehensive plan that allows for siting of a destination resort shall include implementing measures which: (1) Map areas where a destination resort described in ORS 197.445 (1) to (5) is permitted pursuant to ORS 197.455; (2) Limit uses and activities to those defined by ORS 197.435 and allowed by ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.468. Purpose. The Legislative Assembly finds and declares that: (1) The purpose of community green infrastructure projects and green infrastructure economic development projects is to provide direct social, environmental and economic benefits to communities across this state through green infrastructure. (2) The social, environmental and economic benefits of green infrastructure to communities include, but are not limited to: (a) Climate change mitigation, adaptation and resilience; (b) Stormwater management; (c) Air temperature regulation; (d) Air quality benefits; (e) Noise abatement; (f) Energy savings; (g) Economic development opportunities; (h) Public or community health benefits; (i) Support for community food pathways through regenerative agriculture; (j) Water quality improvements, including temperature regulation; (k) Water conservation; (L) Erosion control; (m) Park and open space benefits; (n) Urban forest benefits; (o) Restoration of floodplain functions; (p) Restored or expanded wetlands and riparian areas; (q) Habitat improvements; (r) Aquifer recharge that does not include an extractive or consumptive use of the aquifer; (s) Stream flow augmentation; (t) Carbon sequestration; (u) Community livability; (v) Local jobs; and (w) The use of plants and food in maintaining social and environmental identity and lifeways. [2023 c.442 22] Note:
ORS Chapter 197 — Comprehensive Land Use

ORS 197.469. Definitions for ORS 197.468 to 197.472. As used in ORS 197.468 to 197.472: (1) Community green infrastructure project means a green infrastructure project that provides social, environmental or economic benefits to a particular community and is developed through a collaborative process that helps to define those benefits. (2) Environmental justice community has the meaning given that term in ORS 182.535. (3) Green communities nursery means an Oregon nursery certified by the State Department of Agriculture under ORS 571.252. (4) Green infrastructure means: (a) Green infrastructure as defined in ORS 550.160; or (b) Infrastructure that: (A) Mimics natural systems, or enables natural systems to be less stressed through water conservation, water protection or ecosystem restoration, at the neighborhood or site scale as part of an integrated approach in residential, municipal or industrial developments or water infrastructure; and (B) Implements community-based concepts, principles and practices to conserve and manage resources for future generations, sequester carbon and provide environmental and social benefits. (5) Green infrastructure economic development project means a community green infrastructure project that employs members of a community that benefits from the community green infrastructure project in the development, construction, planting or maintenance of the project. (6) Green infrastructure improvement zone means an area designated by the State Forestry Department under ORS 526.520. (7) Green infrastructure master plan means a long-term plan developed by a public body or tribal government that involves the creation, protection or enhancement of green infrastructure, including but not limited to: (a) An urban forestry plan; (b) A storm water management plan; and (c) A plan to establish parks or other public green spaces. (8) Indian tribe means a federally recognized Indian tribe in Oregon. (9) Native plant nursery means an Oregon nursery that specializes in plants native to Oregon. (10) Native seed bank means a store of seeds from native plants that helps to: (a) Preserve genetic diversity in those plant species to increase plant yield and health, including disease resistance and drought tolerance; (b) Hold seeds and plants for the restorative health of a community; or (c) Support the replanting of post-fire successional plants. (11) Oregon nursery means: (a) A person that holds a license required by ORS 571.055 issued by the State Department of Agriculture; or (b) A nursery operated by an Indian tribe, an entity wholly owned by an Indian tribe or an enrolled member of an Indian tribe and operated on the tribes reservation or trust land. (12) Public body has the meaning given that term in ORS 174.109. [2023 c.442 23] Note: See note under
ORS Chapter 197 — Comprehensive Land Use

ORS 197.471. Community Green Infrastructure Fund. (1) The Community Green Infrastructure Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Community Green Infrastructure Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Land Conservation and Development for the purpose of carrying out ORS 197.470, subject to the allocations described in subsection (2) of this section. (2) Of the moneys in the fund: (a) 30 percent shall be allocated for grants to be awarded for planning or developing green infrastructure economic development projects; (b) 40 percent shall be allocated for grants to be awarded for entities or projects located in green infrastructure improvement zones; and (c) 30 percent shall be allocated for grants to be awarded to entities or projects in tribal, rural, remote or coastal communities. [2023 c.442 25] Note: See note under
ORS Chapter 197 — Comprehensive Land Use

ORS 197.472. Advisory committee; reports. (1) The Department of Land Conservation and Development may appoint an Advisory Committee on Community Green Infrastructure Investment to provide consultation on the implementation of ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.475. Policy. The Legislative Assembly declares that it is the policy of this state to provide for mobile home or manufactured dwelling parks within all urban growth boundaries to allow persons and families a choice of residential settings.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.478. Siting of manufactured homes and prefabricated structures within urban growth boundaries. (1) Notwithstanding any other provision in ORS chapter 197A, within an urban growth boundary, a local government shall allow the siting of manufactured homes and prefabricated structures on all land zoned to allow the development of single-family dwellings. (2) This section does not apply to any area designated in an acknowledged comprehensive plan or land use regulation as a historic district or residential land immediately adjacent to a historic landmark. (3) Manufactured homes and prefabricated structures allowed under this section are in addition to manufactured dwellings or prefabricated structures allowed within designated manufactured dwelling subdivisions. (4) A local government may not subject manufactured homes or prefabricated structures within an urban growth boundary, or the land upon which the homes or structures are sited, to any applicable standard that would not apply to a detached, site-built single-family dwelling on the same land, except: (a) As necessary to comply with a protective measure adopted pursuant to a statewide land use planning goal; or (b) To require that the manufacturer certify that the manufactured home or prefabricated structure has an exterior thermal envelope meeting performance standards which reduce levels equivalent to the performance standards required of single-family dwellings constructed under the Low-Rise Residential Dwelling Code as defined in ORS 455.010. (5) Within any residential zone inside an urban growth boundary where a manufactured dwelling park is otherwise allowed, a city or county may not adopt a minimum lot size for a manufactured dwelling park that is larger than one acre. (6) This section may not be construed as abrogating a recorded restrictive covenant. [Formerly 197.314]
ORS Chapter 197 — Comprehensive Land Use

ORS 197.480. Planning for parks; procedures; inventory. (1) Each city and county governing body shall provide for mobile home or manufactured dwelling parks as an allowed use: (a) By zoning ordinance and by comprehensive plan designation on buildable lands within urban growth boundaries; and (b) In areas planned and zoned for a residential density of six to 12 units per acre sufficient to accommodate the need established pursuant to subsections (2) and (3) of this section. (2) A city or county shall establish a projection of need for mobile home or manufactured dwelling parks based on: (a) Population projections; (b) Household income levels; (c) Housing market trends of the region; and (d) An inventory of mobile home or manufactured dwelling parks sited in areas planned and zoned or generally used for commercial, industrial or high density residential development. (3) The inventory required by subsection (2)(d) and subsection (4) of this section shall establish the need for areas to be planned and zoned to accommodate the potential displacement of the inventoried mobile home or manufactured dwelling parks. (4) Notwithstanding the provisions of subsection (1) of this section, a city or county within Metro, shall inventory the mobile home or manufactured dwelling parks sited in areas planned and zoned or generally used for commercial, industrial or high density residential development. (5)(a) A city or county may establish clear and objective criteria and standards for the placement and design of mobile home or manufactured dwelling parks. (b) If a city or county requires a hearing before approval of a mobile home or manufactured dwelling park, application of the criteria and standards adopted pursuant to paragraph (a) of this subsection shall be the sole issue to be determined at the hearing. (c) No criteria or standards established under paragraph (a) of this subsection may be adopted which would preclude the development of mobile home or manufactured dwelling parks within the intent of ORS 197.475 to 197.493.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.485. Prohibition on restrictions of manufactured dwelling or prefabricated structure. (1) A jurisdiction may not prohibit placement of a manufactured dwelling, due solely to its age, in a mobile home or manufactured dwelling park in a zone with a residential density of eight to 12 units per acre. (2) A jurisdiction may not prohibit placement of a manufactured dwelling, due solely to its age, on a buildable lot or parcel located outside urban growth boundaries or on a space in a mobile home or manufactured dwelling park, if the manufactured dwelling is being relocated due to the closure of a mobile home or manufactured dwelling park or a portion of a mobile home or manufactured dwelling park. (3) A jurisdiction may not prohibit the placement of a prefabricated structure in a mobile home or manufactured dwelling park. (4) A jurisdiction may impose reasonable safety and inspection requirements for homes that were not constructed in conformance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5403).
ORS Chapter 197 — Comprehensive Land Use

ORS 197.488. Replacement of park destroyed by natural disaster. (1) As used in this section, natural disaster includes any disaster resulting in the declaration of a state of emergency under ORS 401.165 or 401.309 for wildfires, floods, tsunamis, earthquakes or similar events, including disasters began by negligent or intentional acts. (2) Notwithstanding ORS 215.130 (5) to (11) or any land use regulation, statewide land use planning goal or Land Conservation and Development Commission rule, a local government: (a) Shall, if the development complies with the local governments floodplain and other natural hazard land use regulations, approve an application for the development of a manufactured dwelling park: (A) To replace a park destroyed by a natural disaster; or (B) That is in an area rezoned under paragraph (b) of this subsection. (b) May, by approval of the governing body, approve a zoning change for an area within an urban growth boundary near the destroyed park to permit the development of a manufactured dwelling park where the destruction of manufactured dwellings from the natural disaster has contributed to a shortage in housing. (3) A local government may require an applicant to prove that the destroyed park was assessed as a building or structure for purposes of ad valorem taxation for the most recent property tax year ending before the disaster. (4) In reviewing an application under this section, a local government may not require that an applicant prove that the destroyed park was lawful under the existing land use regulations at any time, including when the building, structure or use was established, at the time of interruption or destruction or at the time of the application. (5) The approval of an application for development of a park under this section does not expire. [2021 c.260 2] Note:
ORS Chapter 197 — Comprehensive Land Use

ORS 197.490. Restriction on establishment of park. (1) Except as provided by ORS 446.105, a mobile home or manufactured dwelling park shall not be established on land, within an urban growth boundary, which is planned or zoned for commercial or industrial use. (2) Notwithstanding the provisions of subsection (1) of this section, if no other access is available, access to a mobile home or manufactured dwelling park may be provided through a commercial or industrial zone.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.492. Definitions for ORS 197.492 and 197.493. As used in this section and ORS 197.493: (1) Recreational vehicle has the meaning given that term in ORS 174.101. (2) Recreational vehicle park: (a) Means a place where two or more recreational vehicles are located within 500 feet of one another on a lot, tract or parcel of land under common ownership and having as its primary purpose: (A) The renting of space and related facilities for a charge or fee; or (B) The provision of space for free in connection with securing the patronage of a person. (b) Does not mean: (A) An area designated only for picnicking or overnight camping; or (B) A manufactured dwelling park or mobile home park.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.493. Placement and occupancy of recreational vehicle. (1) A state agency or local government may not prohibit the placement or occupancy of a recreational vehicle, or impose any limit on the length of occupancy of a recreational vehicle as a residential dwelling, solely on the grounds that the occupancy is in a recreational vehicle, if the recreational vehicle is: (a) Allowed under ORS 215.490; (b)(A) Located in a manufactured dwelling park, mobile home park or recreational vehicle park; (B) Occupied as a residential dwelling; and (C) Lawfully connected to water and electrical supply systems and a sewage disposal system; or (c) On a lot or parcel with a manufactured dwelling or single-family dwelling that is uninhabitable due to damages from a natural disaster, including wildfires, earthquakes, flooding or storms, until no later than the date: (A) The dwelling has been repaired or replaced and an occupancy permit has been issued; (B) The local government makes a determination that the owner of the dwelling is unreasonably delaying in completing repairs or replacing the dwelling; or (C) Five years after the date the dwelling first became uninhabitable. (2) Subsection (1) of this section does not limit the authority of a state agency or local government to impose other special conditions on the placement or occupancy of a recreational vehicle. [2005 c.619 12; 2021 c.235 1; 2023 c.9 11; 2023 c.295 3; 2023 c.327 1] MORATORIUM ON CONSTRUCTION OR LAND DEVELOPMENT
ORS Chapter 197 — Comprehensive Land Use

ORS 197.505. Definitions for ORS 197.505 to 197.540. As used in ORS 197.505 to 197.540: (1) Public facilities means those public facilities for which a public facilities plan is required under ORS 197.712. (2) Special district refers to only those entities as defined in ORS 197.015 (19) that provide services for which public facilities plans are required.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.510. Legislative findings. The Legislative Assembly finds and declares that: (1) The declaration of moratoria on construction and land development by cities, counties and special districts may have a negative effect not only on property owners, but also on the housing and economic development policies and goals of other local governments within the state, and therefore, is a matter of statewide concern. (2) Such moratoria, particularly when limited in duration and scope, and adopted pursuant to growth management systems that further the statewide planning goals and local comprehensive plans, may be both necessary and desirable. (3) Clear state standards should be established to ensure that: (a) The need for moratoria is considered and documented; (b) The impact on property owners, housing and economic development is minimized; and (c) Necessary and properly enacted moratoria are not subjected to undue litigation.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.522. Local government to approve subdivision, partition or construction; conditions. (1) As used in this section: (a) Needed housing has the meaning given that term in ORS 197A.015. (b) Partition has the meaning given that term in ORS 92.010. (c) Permit means a permit as defined in ORS 215.402 and a permit as defined in ORS 227.160. (d) Subdivision has the meaning given that term in ORS 92.010. (2) A local government shall approve an application for a permit, authorization or other approval necessary for the subdivision or partitioning of, or construction on, any land for needed housing that is consistent with the comprehensive plan and applicable land use regulations. (3) If an application is inconsistent with the comprehensive plan and applicable land use regulations, the local government, prior to making a final decision on the application, shall allow the applicant to offer an amendment or to propose conditions of approval that would make the application consistent with the plan and applicable regulations. If an applicant seeks to amend the application or propose conditions of approval: (a) A county may extend the time limitation under ORS 215.427 for final action by the governing body of a county on an application for needed housing and may set forth a new time limitation for final action on the consideration of future amendments or proposals. (b) A city may extend the time limitation under ORS 227.178 for final action by the governing body of a city on an application for needed housing and may set forth a new time limitation for final action on the consideration of future amendments or proposals. (4) A local government shall deny an application that is inconsistent with the comprehensive plan and applicable land use regulations and that cannot be made consistent through amendments to the application or the imposition of reasonable conditions of approval. [1999 c.838 4; 2015 c.374 3; 2023 c.13 85] Note:
ORS Chapter 197 — Comprehensive Land Use

ORS 197.524. Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits. (1) When a local government engages in a pattern or practice of delaying or stopping the issuance of permits, authorizations or approvals necessary for the subdivision or partitioning of, or construction on, any land, including delaying or stopping issuance based on a shortage of public facilities, the local government shall: (a) Adopt a public facilities strategy under ORS 197.768; or (b) Adopt a moratorium on construction or land development under ORS 197.505 to
ORS Chapter 197 — Comprehensive Land Use

ORS 197.530. Correction program; procedures. (1) A city, county or special district that adopts a moratorium on construction or land development in conformity with ORS 197.520 (1) and (2) shall within 60 days after the effective date of the moratorium adopt a program to correct the problem creating the moratorium. The program shall be presented at a public hearing. The city, county or special district shall give at least 14 days advance notice to the Department of Land Conservation and Development of the time and date of the public hearing. (2) No moratorium adopted under ORS 197.520 (2) shall be effective for a period longer than six months from the date on which the corrective program is adopted, but such a moratorium may be extended provided the city, county or special district adopting the moratorium holds a public hearing on the proposed extension and adopts written findings that: (a) Verify that the problem giving rise to the moratorium still exists; (b) Demonstrate that reasonable progress is being made to alleviate the problem giving rise to the moratorium; and (c) Set a specific duration for the renewal of the moratorium. (3) No single extension under subsection (2) of this section may be for a period longer than six months, and no moratorium shall be extended more than three times. (4) Any city, county or special district considering an extension of a moratorium shall give the department at least 14 days notice of the time and date of the public hearing on the extension.