justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.235. Designation of rural and urban reserves pursuant to intergovernmental agreement; rules. (1) A county and a city or a county and Metro may enter into an intergovernmental agreement pursuant to ORS 190.003 to 190.130, 195.025 or 197.652 to 197.658 to designate rural reserves pursuant to this section at the same time as designating urban reserves pursuant to ORS 197A.245 (1). (2) Land designated as a rural reserve: (a) Must be outside an urban growth boundary. (b) May not be designated as an urban reserve during the urban reserve planning period described in ORS 197A.245 (4). (c) May not be included within an urban growth boundary during the period of time described in paragraph (b) of this subsection. (3) When designating a rural reserve under this section to provide long-term protection to the agricultural industry, the designation must be based on consideration of factors including, but not limited to, whether land proposed for designation as a rural reserve: (a) Is situated in an area that is otherwise potentially subject to urbanization during the period described in subsection (2)(b) of this section, as indicated by proximity to the urban growth boundary and to properties with fair market values that significantly exceed agricultural values; (b) Is capable of sustaining long-term agricultural operations; (c) Has suitable soils and available water where needed to sustain long-term agricultural operations; and (d) Is suitable to sustain long-term agricultural operations, taking into account: (A) The existence of a large block of agricultural or other resource land with a concentration or cluster of farms; (B) The adjacent land use pattern, including its location in relation to adjacent nonfarm uses and the existence of buffers between agricultural operations and nonfarm uses; (C) The agricultural land use pattern, including parcelization, tenure and ownership patterns; and (D) The sufficiency of agricultural infrastructure in the area. (4) Designation and protection of rural reserves pursuant to this section or urban reserves pursuant to ORS 197A.245 (1): (a) Is not a basis for a claim for compensation under ORS 195.305 unless the designation and protection of rural reserves or urban reserves imposes a new restriction on the use of private real property. (b) Does not impair the rights and immunities provided under ORS 30.930 to 30.947. (5) The Land Conservation and Development Commission shall consult with the State Department of Agriculture in adopting, amending or repealing rules under this section. [Formerly 195.141]
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.242. Coordinated and concurrent process for designation of urban and rural reserves. (1) A county and Metro must consider simultaneously the designation and establishment of: (a) Rural reserves pursuant to ORS 197A.235; and (b) Urban reserves pursuant to ORS 197A.245 (1)(b). (2) An agreement to establish rural reserves pursuant to ORS 197A.235 and urban reserves pursuant to ORS 197A.245 (1)(b) must provide for a coordinated and concurrent process for adoption by the county of comprehensive plan provisions and by Metro of regional framework plan provisions to implement the agreement. Metro may not designate urban reserves pursuant to ORS 197A.245 (1)(b) in a county until the county and Metro have entered into an agreement pursuant to ORS 197A.245 (1)(b) that identifies the land to be designated by Metro in Metros regional framework plan as urban reserves. A county may not designate rural reserves pursuant to ORS 197A.235 until the county and Metro have entered into an agreement pursuant to ORS 197A.235 that identifies the land to be designated as rural reserves by the county in the countys comprehensive plan. (3) A county and Metro may not enter into an intergovernmental agreement to designate urban reserves in the county pursuant to ORS 197A.245 (1)(b) unless the county and Metro also agree to designate rural reserves in the county. [Formerly 195.143]
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.245. (b) If land under paragraph (a) of this subsection is inadequate to accommodate the amount of land needed, second priority is land adjacent to an urban growth boundary that is identified in an acknowledged comprehensive plan as an exception area or nonresource land. Second priority may include resource land that is completely surrounded by exception areas unless such resource land is high-value farmland as described in ORS 215.710. (c) If land under paragraphs (a) and (b) of this subsection is inadequate to accommodate the amount of land needed, third priority is land designated as marginal land pursuant to ORS 197.247 (1991 Edition). (d) If land under paragraphs (a) to (c) of this subsection is inadequate to accommodate the amount of land needed, fourth priority is land designated in an acknowledged comprehensive plan for agriculture or forestry, or both. (2) Under this section, higher priority must be given to land of lower capability as measured by the capability classification system or by cubic foot site class, whichever is appropriate for the current use. (3) Land of lower priority under this section may be included in an urban growth boundary if land of higher priority is found to be inadequate to accommodate the amount of land estimated in subsection (1) of this section for one or more of the following reasons: (a) Specific types of identified land needs cannot be reasonably accommodated on higher priority lands; (b) Future urban services could not reasonably be provided to the higher priority lands due to topographical or other physical constraints; or (c) Maximum efficiency of land uses within a proposed urban growth boundary requires inclusion of lower priority lands in order to include or to provide services to higher priority lands. [Formerly 197.298]
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.278. Lane County accommodation of needed housing. (1) Notwithstanding an intergovernmental agreement pursuant to ORS 190.003 to 190.130 or acknowledged comprehensive plan provisions to the contrary, a city within Lane County with a population of 50,000 or greater shall meet its obligation under ORS chapter 197A separately from any other city within Lane County. The city shall, separately from any other city: (a) Establish an urban growth boundary, consistent with the jurisdictional area of responsibility specified in the acknowledged comprehensive plan; and (b) Demonstrate, as required by ORS 197A.270, that its comprehensive plan provides sufficient buildable lands within an urban growth boundary to accommodate needed housing. (2) Except as provided in subsection (1) of this section, this section does not alter or affect an intergovernmental agreement pursuant to ORS 190.003 to 190.130 or acknowledged comprehensive plan provisions adopted by Lane County or local governments in Lane County. [Formerly 197.304]
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.280. (5) Urban reserves may be established at any time without regard to a schedule under ORS 197A.270 (2), 197A.280 (2) or 197A.350 (2). (6) The designation of urban reserves under subsection (1)(b) of this section must be based upon consideration of factors including, but not limited to, whether land proposed for designation as urban reserves, alone or in conjunction with land inside the urban growth boundary: (a) Can be developed at urban densities in a way that makes efficient use of existing and future public infrastructure investments; (b) Includes sufficient development capacity to support a healthy urban economy; (c) Can be served by public schools and other urban-level public facilities and services efficiently and cost-effectively by appropriate and financially capable service providers; (d) Can be designed to be walkable and served by a well-connected system of streets by appropriate service providers; (e) Can be designed to preserve and enhance natural ecological systems; and (f) Includes sufficient land suitable for a range of housing types. (7) A county may take an exception under ORS 197.732 to a statewide land use planning goal to allow the establishment of a transportation facility in an area designated as urban reserve under this section. (8) The commission shall adopt by goal or by rule a process and criteria for designating urban reserves pursuant to this section. [Formerly 195.145] Note: Section 34, chapter 13, Oregon Laws 2023, provides: Sec. 34. The amendments to ORS 195.141 [renumbered 197A.235] and 195.145 [renumbered
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.300. Definition of serviceable. As used in ORS 197A.285 to 197A.325, serviceable means, with respect to land, that: (1) Adequate sewer, water and transportation capacity for planned urban development is available or can be either provided or made subject to committed financing; or (2) Committed financing can be in place to provide adequate sewer, water and transportation capacity for planned urban development.
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.302. Purposes; rules. The purpose of ORS 197A.285 to 197A.325 is to direct the Land Conservation and Development Commission to develop and adopt simplified methods for a city that is outside Metro to evaluate or amend the urban growth boundary of the city. The commission should design the methods to: (1) Become, as a result of reduced costs, complexity and time, the methods that are used by most cities with growing populations to manage the urban growth boundaries of the cities; (2) Encourage, to the extent practicable given market conditions, the development of urban areas in which individuals desire to live and work and that are increasingly efficient in terms of land uses and in terms of public facilities and services; (3) Encourage the conservation of important farm and forest lands, particularly lands that are needed to sustain agricultural and forest products industries; (4) Encourage cities to increase the development capacity within the urban growth boundaries of the cities; (5) Encourage the provision of an adequate supply of serviceable land that is planned for needed urban residential and industrial development; and (6) Assist residents in understanding the major local government decisions that are likely to determine the form of a citys growth.
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.305. Alternative amendment process; rules. (1) As an alternative to the method prescribed in ORS 197A.270 (5)(a), the Land Conservation and Development Commission shall adopt by rule methods by which a city that is outside Metro may evaluate or amend the urban growth boundary of the city. (2) A city outside Metro may use the methods adopted pursuant to: (a) ORS 197A.310 if the city has a population of less than 10,000. (b) ORS 197A.312 if the city has a population of 10,000 or greater. (3) A city that elects to include land within the urban growth boundary of the city under a method established pursuant to ORS 197A.310 or 197A.312: (a) May use the method again when: (A) The population of the city has grown by at least 50 percent of the amount of growth forecast to occur in conjunction with the previous use of the method by the city; or (B) At least one-half of the lands identified as buildable lands during the previous use of the method by the city have been developed. (b) Shall evaluate whether the city needs to include within the urban growth boundary additional land for residential or employment uses before the population of the city has grown by 100 percent of the population growth forecast to occur in conjunction with the previous use of the method by the city. (4) A city that elects to use a method established pursuant to ORS 197A.310 or
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.315. Expansion study areas; notice; urban service agreements. (1) As used in this section, district means: (a) A domestic water supply district organized under ORS chapter 264. (b) A parks and recreation district organized under ORS chapter 266. (c) A sanitary district organized under ORS 450.005 to 450.245. (d) A rural fire protection district organized under ORS chapter 478. (2) When a city evaluates or amends the urban growth boundary of the city under ORS
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.325. (a) In circumstances in which the Land Conservation and Development Commission has specified by rule a number or a range of numbers that the city may use: (A) The city is not required to adopt findings to support the use of the number or a number within the range of numbers; and (B) The boards review of the number may determine only that the city has used a number that is allowed by the rule. (b) The board shall affirm an interpretation by a local government of its comprehensive plan or land use regulations unless that interpretation is clearly erroneous. (3) Notwithstanding ORS 197.628 and 197.629, when a city evaluates or amends the urban growth boundary of the city pursuant to ORS 197A.310 or 197A.312, the city is not required to commence or complete periodic review. The commission shall, by rule, specify alternate means to ensure that the comprehensive plan and land use regulations of the city comply with the statewide land use planning goals and are updated over time to reflect changing conditions and needs. [2013 c.575 8] (Planning by Metro Cities and Metro)
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.335. Determination of housing capacity and accommodation of needed housing by Metro cities. (1) At least once every six years, by a date scheduled by the Land Conservation and Development Commission, a city that is within Metro and has a population of 10,000 or greater shall: (a) Inventory the supply of buildable lands within the city and determine the housing capacity of the buildable lands; and (b) Conduct an analysis of the citys existing and projected needed housing under statewide planning goals and rules related to housing by type, mix, affordability and density range to determine the number of units and amount of land needed for each needed housing type under ORS 197A.018 for the next 20 years. (2) The housing capacity determination and the needed housing analysis conducted under this section must be adopted as part of the citys comprehensive plan no later than one year after completion of the needed housing analysis. (3) If the housing capacity and needed housing analysis conducted under this section demonstrates a housing need, the city shall amend its comprehensive plan or land use regulations or take actions to update or implement its housing production strategy to include new measures that demonstrably increase the likelihood that development of needed housing will occur for the type, mix, affordability and densities sufficient to accommodate needed housing for the next 20 years. [Formerly 197.297]
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.348. Definition of needed housing. (1) As used in ORS 197A.350 and this section, needed housing means all housing on land zoned for residential use or mixed residential and commercial use that is determined to meet the need shown for housing within an urban growth boundary at price ranges and rent levels that are affordable to households within the county with a variety of incomes, including but not limited to households with low incomes, very low incomes and extremely low incomes, as those terms are defined by the United States Department of Housing and Urban Development under 42 U.S.C. 1437a. Needed housing includes the following housing types: (a) Attached and detached single-family housing, middle housing types as described in ORS 197A.420 and multiple family housing for both owner and renter occupancy; (b) Government assisted housing; (c) Mobile home or manufactured dwelling parks as provided in ORS 197.475 to 197.493; (d) Manufactured homes on individual lots planned and zoned for single-family residential use that are in addition to lots within designated manufactured dwelling subdivisions; (e) Agriculture workforce housing; and (f) Single room occupancies as defined in ORS 197A.430. (2) For the purpose of estimating housing needs, as described in ORS 197A.350 (3)(b), Metro shall adopt findings and perform an analysis that estimates each of the following factors: (a) Projected needed housing units over the next 20 years; (b) Current housing underproduction; (c) Housing units needed for people experiencing homelessness; and (d) Housing units projected to be converted into vacation homes or second homes during the next 20 years. (3) Metro shall make the estimate described in subsection (2) of this section using a shorter time period than since the last review under ORS 197A.350 (2)(a)(B) if Metro finds that the shorter time period will provide more accurate and reliable data related to housing need. The shorter time period may not be less than three years. (4) Metro shall use data from a wider geographic area or use a time period longer than the time period described in subsection (2) of this section if the analysis of a wider geographic area or the use of a longer time period will provide more accurate, complete and reliable data relating to trends affecting housing need than an analysis performed pursuant to subsection (2) of this section. Metro must clearly describe the geographic area, time frame and source of data used in an estimate performed under this subsection. (5) Subsection (1)(a) and (d) of this section does not apply to a city with a population of less than 2,500. (6) Metro may take an exception under ORS 197.732 to the definition of needed housing in subsection (1) of this section in the same manner that an exception may be taken under the goals. [Formerly 197.303]
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.355. Priority of land to be included within Metro urban growth boundary. (1) In addition to any requirements established by rule addressing urbanization, land may not be included within an urban growth boundary of Metro except under the following priorities: (a) First priority is land that is designated urban reserve land under ORS
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.358. Metro urban growth boundary designation. For the purpose of land use planning in Oregon, the Legislative Assembly designates the urban growth boundary designated in Metro Ordinance No. 11-1264B, adopted October 20, 2011, as the acknowledged urban growth boundary of Metro, subject to the conditions of approval in the ordinance, except that: (1) The real property in Area 7C on Metros map denominated as the Urban and Rural Reserves in Washington County, Attachment A to Staff Report for Resolution No. 11-4245 (03/17/11 DRAFT), is included within the acknowledged urban growth boundary. (2) The real property in Area 7D on Metros map denominated as the Urban and Rural Reserves in Washington County, Attachment A to Staff Report for Resolution No. 11-4245 (03/17/11 DRAFT), is included within the acknowledged urban growth boundary. (3) The real property in Area 7E on Metros map denominated as the Urban and Rural Reserves in Washington County, Attachment A to Staff Report for Resolution No. 11-4245 (03/17/11 DRAFT), is included within the acknowledged urban growth boundary.
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.362. Timing of Metro accommodation of needed housing; lands for public schools. (1) Metro shall complete the inventory, determination and analysis required under ORS 197A.350 (3) not later than six years after completion of the previous inventory, determination and analysis. (2)(a) Metro shall take such action as necessary under ORS 197A.350 (6)(a) to accommodate one-half of a 20-year buildable land supply determined under ORS
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.365. Metro housing coordination strategy. (1) Metro shall develop and adopt a housing coordination strategy under this section no later than one year after the deadline for completing a housing capacity determination under ORS
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.370. Metro report of performance measures. (1) A metropolitan service district organized under ORS chapter 268 shall compile and report to the Department of Land Conservation and Development on performance measures as described in this section at least once every two years. The information shall be reported in a manner prescribed by the department. (2) Performance measures subject to subsection (1) of this section shall be adopted by a metropolitan service district and shall include but are not limited to measures that analyze the following: (a) The rate of conversion of vacant land to improved land; (b) The density and price ranges of residential development, including both single family and multifamily residential units; (c) The level of job creation within individual cities and the urban areas of a county inside the metropolitan service district; (d) The number of residential units added to small sites assumed to be developed in the metropolitan service districts inventory of available lands but which can be further developed, and the conversion of existing spaces into more compact units with or without the demolition of existing buildings; (e) The amount of environmentally sensitive land that is protected and the amount of environmentally sensitive land that is developed; (f) The sales price of vacant land; (g) Residential vacancy rates; (h) Public access to open spaces; and (i) Transportation measures including mobility, accessibility and air quality indicators. [Formerly 197.301]
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.372. Metro evaluation of accommodation of needed housing; corrective action; enforcement. (1) After gathering and compiling information on the performance measures as described in ORS 197A.370 but prior to submitting the information to the Department of Land Conservation and Development, Metro shall determine if actions taken under ORS
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.395. Limits on local government prohibitions. (1) A local government may not prohibit from all residential zones attached or detached single-family housing, multifamily housing for both owner and renter occupancy, manufactured homes or prefabricated structures. A city or county may not prohibit government assisted housing or impose additional approval standards on government assisted housing that are not applied to similar but unassisted housing. (2)(a) A single-family dwelling for a farmworker and the farmworkers immediate family is a permitted use in any residential or commercial zone that allows single-family dwellings as a permitted use. (b) A city or county may not impose a zoning requirement on the establishment and maintenance of a single-family dwelling for a farmworker and the farmworkers immediate family in a residential or commercial zone described in paragraph (a) of this subsection that is more restrictive than a zoning requirement imposed on other single-family dwellings in the same zone. (3)(a) Multifamily housing for farmworkers and farmworkers immediate families is a permitted use in any residential or commercial zone that allows multifamily housing generally as a permitted use. (b) A city or county may not impose a zoning requirement on the establishment and maintenance of multifamily housing for farmworkers and farmworkers immediate families in a residential or commercial zone described in paragraph (a) of this subsection that is more restrictive than a zoning requirement imposed on other multifamily housing in the same zone. (4) A city or county may not prohibit a property owner or developer from maintaining a real estate sales office in a subdivision or planned community containing more than 50 lots or dwelling units for the sale of lots or dwelling units that remain available for sale to the public. [Formerly subsections (1) to (4) of 197.312]