reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.402 - Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780.

As used in ORS 215.402 to 215.438 and 215.700 to 215.780 unless the context requires otherwise:
(1) "Contested case" means a proceeding in which the legal rights, duties or privileges of specific parties under general rules or policies provided under ORS 215.010 to 215.311, 215.317, 215.327, 215.402 to 215.438 and 215.700 to 215.780, or any ordinance, rule or regulation adopted pursuant thereto, are required to be determined only after a hearing at which specific parties are entitled to appear and be heard.
(2) "Hearing" means a quasi-judicial hearing, authorized or required by the ordinances and regulations of a county adopted pursuant to ORS 215.010 to 215.311, 215.317, 215.327, 215.402 to 215.438 and 215.700 to 215.780:
(a) To determine in accordance with such ordinances and regulations if a permit shall be granted or denied; or
(b) To determine a contested case.
(3) "Hearings officer" means a planning and zoning hearings officer appointed or designated by the governing body of a county under ORS 215.406.
(4) "Permit" means discretionary approval of a proposed development of land under ORS 215.010 to 215.311, 215.317, 215.327 and 215.402 to 215.438 and 215.700 to 215.780 or county legislation or regulation adopted pursuant thereto. "Permit" does not include:
(a) A limited land use decision as defined in ORS 197.015;
(b) A decision which determines the appropriate zoning classification for a particular use by applying criteria or performance standards defining the uses permitted within the zone, and the determination applies only to land within an urban growth boundary;
(c) A decision which determines final engineering design, construction, operation, maintenance, repair or preservation of a transportation facility which is otherwise authorized by and consistent with the comprehensive plan and land use regulations; or
(d) An expedited land division, as described in ORS 197.360. [1973 c.552 §12; 1977 c.654 §1; 1981 c.748 §49; 1991 c.817 §8; 1995 c.79 §77; 1995 c.595 §12; 2001 c.672 §15; 2015 c.260 §4]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.406 - Planning and zoning hearings officers; duties and powers; authority of governing body or planning commission to conduct hearings.

(1) A county governing body may authorize appointment of one or more planning and zoning hearings officers, to serve at the pleasure of the appointing authority. The hearings officer shall conduct hearings on applications for such classes of permits and contested cases as the county governing body designates.
(2) In the absence of a hearings officer a planning commission or the governing body may serve as hearings officer with all the powers and duties of a hearings officer. [1973 c.552 §13; 1977 c.766 §10]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.412 - Adoption of hearing procedure and rules.

(1) The governing body of a county by ordinance or order shall adopt one or more procedures for the conduct of hearings.
(2) The governing body of a county by ordinance or order shall adopt rules stating that all decisions made by the governing body will be based on factual information, including adopted comprehensive plans and land use regulations. [1973 c.552 §14; 1977 c.766 §11; 1997 c.452 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.417 - Time to act under certain approved permits; extension.

(1) If a permit is approved under ORS 215.416 for a proposed residential development on agricultural or forest land outside of an urban growth boundary under ORS 215.010 to 215.293 or 215.317 to 215.438 or under county legislation or regulation, the permit is valid for four years.
(2) An extension of a permit described in subsection (1) of this section is valid for two years. A county may approve no more than five additional one-year extensions of a permit if:
(a) The applicant makes a written request for the additional extension prior to the expiration of an extension;
(b) The applicable residential development statute has not been amended following the approval of the permit, except the amendments to ORS 215.750 by section 1, chapter 433, Oregon Laws 2019; and
(c) An applicable rule or land use regulation has not been amended following the issuance of the permit, unless allowed by the county, which may require that the applicant comply with the amended rule or land use regulation.
(3) An extension of a permit under subsection (2) of this section is not a land use decision as defined in ORS 197.015.
(4) As used in this section, "residential development" means dwellings provided for under ORS 215.213 (1)(q), (3) and (4), 215.283 (1)(p), 215.284, 215.317, 215.705 (1) to (3), 215.720, 215.740, 215.750 and 215.755 (1) and (3). [2001 c.532 §2; 2009 c.850 §10; 2013 c.462 §§6,9; 2019 c.432 §§3,3a,4,4a]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.425 - Review of decision relating to aggregate resources.

(1) A decision relating to aggregate resource uses permitted in ORS 215.213 (2)(d) or 215.283 (2)(b) is subject to review solely under the provisions of ORS 197.195 and 197.828 if:
(a) The aggregate resource site is identified as a significant resource site in the acknowledged comprehensive plan;
(b) A program to achieve any statewide goal relating to open spaces, scenic and historic areas, and natural resources has been developed for the aggregate resource site and is included within applicable land use regulations; and
(c) The decision concerns how, but not whether, aggregate resource use occurs.
(2) The provisions of subsection (1) of this section do not apply to mineral and other uses not related to aggregate resources. [1991 c.817 §11]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.429 - Mandamus proceeding when county fails to take final action on land use application within specified time; jurisdiction; notice; peremptory writ.

(1) Except when an applicant requests an extension under ORS 215.427, if the governing body of the county or its designee does not take final action on an application for a permit, limited land use decision or zone change within 120 days or 150 days, as appropriate, after the application is deemed complete, the applicant may file a petition for a writ of mandamus under ORS 34.130 in the circuit court of the county where the application was submitted to compel the governing body or its designee to issue the approval.
(2) The governing body shall retain jurisdiction to make a land use decision on the application until a petition for a writ of mandamus is filed. Upon filing a petition under ORS 34.130, jurisdiction for all decisions regarding the application, including settlement, shall be with the circuit court.
(3) A person who files a petition for a writ of mandamus under this section shall provide written notice of the filing to all persons who would be entitled to notice under ORS 197.797 and to any person who participated orally or in writing in any evidentiary hearing on the application held prior to the filing of the petition. The notice shall be mailed or hand delivered on the same day the petition is filed.
(4) If the governing body does not take final action on an application within 120 days or 150 days, as appropriate, of the date the application is deemed complete, the applicant may elect to proceed with the application according to the applicable provisions of the county comprehensive plan and land use regulations or to file a petition for a writ of mandamus under this section. If the applicant elects to proceed according to the local plan and regulations, the applicant may not file a petition for a writ of mandamus within 14 days after the governing body makes a preliminary decision, provided a final written decision is issued within 14 days of the preliminary decision.
(5) The court shall issue a peremptory writ unless the governing body or any intervenor shows that the approval would violate a substantive provision of the county comprehensive plan or land use regulations as those terms are defined in ORS 197.015. The writ may specify conditions of approval that would otherwise be allowed by the county comprehensive plan or land use regulations. [1999 c.533 §7; 1999 c.393 §5]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.431 - Plan amendments; hearings by planning commission or hearings officer; exceptions.

(1) A county governing body may authorize, by ordinance or order, the planning commission or hearings officer to conduct hearings on applications for plan amendments and to make decisions on such applications.
(2) A decision of the planning commission or hearings officer on a plan amendment may be appealed to the county governing body.
(3) This section shall apply notwithstanding the provisions of ORS 215.050, 215.060 and 215.110.
(4) A decision of a planning commission, hearings officer or county governing body under this section shall comply with the post-acknowledgment procedures set forth in ORS 197.610 to 197.625.
(5) This section does not apply to:
(a) Any plan amendment for which an exception is required under ORS 197.732; or
(b) Except as provided under subsection (6) of this section, any lands designated under a statewide planning goal addressing agricultural lands or forestlands.
(6)(a) If a county is acting on the remand of a decision from the Land Use Board of Appeals, the county governing body may authorize the planning commission or hearings officer to conduct hearings and make a decision under subsection (1) of this section for lands designated under a statewide planning goal addressing agricultural lands or forestlands.
(b) The county governing body shall review a planning commission or hearings officer decision made under this subsection and shall:
(A) Schedule a public hearing and issue a final decision on the application;
(B) Leave the planning commission or hearings officer decision as the final county decision; or
(C) Adopt the planning commission or hearings officer decision by consent order as the decision of the governing body. [1987 c.729 §20; 2018 c.117 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.433 - Supplemental application for remaining permitted uses following denial of initial application.

(1) A person whose application for a permit is denied by the governing body of a county or its designee under ORS 215.427 may submit to the county a supplemental application for any or all other uses allowed under the county’s comprehensive plan and land use regulations in the zone that was the subject of the denied application.
(2) The governing body of a county or its designee shall take final action on a supplemental application submitted under this section, including resolution of all appeals, within 240 days after the application is deemed complete. Except that 240 days shall substitute for 120 days or 150 days, as appropriate, all other applicable provisions of ORS 215.427 shall apply to a supplemental application submitted under this section.
(3) A supplemental application submitted under this section shall include a request for any rezoning or zoning variance that may be required to issue a permit under the county’s comprehensive plan and land use regulations.
(4) The governing body of the county or its designee shall adopt specific findings describing the reasons for approving or denying:
(a) A use for which approval is sought under this section; and
(b) A rezoning or variance requested in the application. [1999 c.648 §2; 1999 c.648 §2a]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.435 - Deadline for final action by county on remand of land use decision; exception.

(1) Pursuant to a final order of the Land Use Board of Appeals under ORS 197.830 remanding a decision to a county, the governing body of the county or its designee shall take final action on an application for a permit, limited land use decision or zone change within 120 days of the effective date of the final order issued by the board. For purposes of this subsection, the effective date of the final order is the last day for filing a petition for judicial review of a final order of the board under ORS 197.850 (3). If judicial review of a final order of the board is sought under ORS 197.830, the 120-day period established under this subsection shall not begin until final resolution of the judicial review.
(2)(a) In addition to the requirements of subsection (1) of this section, the 120-day period established under subsection (1) of this section shall not begin until the applicant requests in writing that the county proceed with the application on remand, but if the county does not receive the request within 180 days of the effective date of the final order or the final resolution of the judicial review, the county shall deem the application terminated.
(b) The 120-day period established under subsection (1) of this section may be extended for up to an additional 365 days if the parties enter into mediation as provided by ORS 197.860 prior to the expiration of the initial 120-day period. The county shall deem the application terminated if the matter is not resolved through mediation prior to the expiration of the 365-day extension.
(3) The 120-day period established under subsection (1) of this section applies only to decisions wholly within the authority and control of the governing body of the county.
(4) Subsection (1) of this section does not apply to a remand proceeding concerning a decision of the county making a change to an acknowledged comprehensive plan or a land use regulation that is submitted to the Director of the Department of Land Conservation and Development under ORS 197.610. [1999 c.545 §2; 2011 c.280 §11; 2015 c.522 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.437 - Mandamus proceeding when county fails to take final action within specified time on remand of land use decision.

(1) If the governing body of a county or its designee fails to take final action on an application for a permit, limited land use decision or zone change within 120 days as provided in ORS 215.435, the applicant may file a petition for a writ of mandamus as provided in ORS 34.105 to 34.240. The court shall set the matter for trial as soon as practicable but not more than 15 days from the date a responsive pleading pursuant to ORS 34.170 is filed, unless the court has been advised by the parties that the matter has been settled.
(2) A writ of mandamus issued under this section shall order the governing body of the county or its designee to make a final determination on the application. The court, in its discretion, may order such remedy as the court determines appropriate.
(3) In a mandamus proceeding under this section the court shall award court costs and attorney fees to an applicant who prevails on a petition under this section. [1999 c.545 §3; 2015 c.522 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.438 - Transmission towers; location; conditions.

The governing body of a county or its designate may allow a transmission tower over 200 feet in height to be established in any zone subject to reasonable conditions imposed by the governing body or its designate. [1983 c.827 §23a]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.439 - Solar energy systems in residential or commercial zones.

(1) The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use.
(2) The installation and use on a commercial structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which commercial structures are an allowed use.
(3) Approval of a permit application under ORS 215.402 to 215.438 is, notwithstanding the definition of "permit" in ORS 215.402, a ministerial function if:
(a) The installation of a solar energy system can be accomplished without increasing the footprint of the residential or commercial structure or the peak height of the portion of the roof on which the system is installed; and
(b) The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof.
(4) As part of the permit approval process, a county:
(a) May not charge a fee pursuant to ORS 215.416 for processing a permit;
(b) May not require extensive surveys or site evaluations including, but not limited to, vegetation surveys, contour maps and elevation drawings; and
(c) May charge building permit fees pursuant to ORS 455.020, 455.210 and 455.220.
(5) Subsections (3) and (4) of this section do not apply to a permit application for a residential or commercial structure that is:
(a) A federally or locally designated historic building or landmark or that is located in a federally or locally designated historic district.
(b) A conservation landmark designated by a city or county because of the historic, cultural, archaeological, architectural or similar merit of the landmark.
(c) Located in an area designated as a significant scenic resource unless the material used is:
(A) Designated as anti-reflective; or
(B) Eleven percent or less reflective.
(6) As used in this section, "solar photovoltaic energy system" has the meaning given that term in ORS 757.360. [2011 c.464 §1]
Note:
215.439 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.441 - Use of real property for religious activities.

(1) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under state law and rules and local zoning ordinances and regulations, a county shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including:
(a) Worship services.
(b) Religion classes.
(c) Weddings.
(d) Funerals.
(e) Meal programs.
(f) Child care, but not including private or parochial school education for prekindergarten through grade 12 or higher education.
(2) A county may:
(a) Subject real property described in subsection (1) of this section to reasonable regulations, including site review or design review, concerning the physical characteristics of the uses authorized under subsection (1) of this section; or
(b) Prohibit or restrict the use of real property by a place of worship described in subsection (1) of this section if the county finds that the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the place of worship described in subsection (1) of this section.
(3) Notwithstanding any other provision of this section, a county may allow a private or parochial school for prekindergarten through grade 12 or higher education to be sited under applicable state law and rules and local zoning ordinances and regulations. [2001 c.886 §2; 2017 c.745 §7; 2019 c.640 §19; 2021 c.385 §4; 2021 c.446 §4]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.445 - Use of private property for mobile medical clinic.

(1) As used in this section:
(a) "Health professional" means a person licensed or certified by the:
(A) Oregon Medical Board;
(B) Oregon Board of Dentistry; or
(C) Oregon State Board of Nursing.
(b) "Health services" means the services that a health professional is licensed or certified to provide.
(c) "Local government" has the meaning given that term in ORS 174.116.
(d) "Mobile medical clinic" means a vehicle or a transportable structure that is:
(A) Designed to serve as a facility suitable for the provision of health services; and
(B) In use by a health professional to provide health services to the public.
(e) "Nonprofit" means a corporation organized under and subject to the provisions of ORS chapter 65.
(2) A local government may not prohibit a nonprofit mobile medical clinic from:
(a) Being located on private property with the permission of the owner of the private property; and
(b) Staying in one location for 180 days or less. [2015 c.142 §1]
Note:
215.445 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.447 - Photovoltaic solar power generation facilities on high-value farmland.

(1) As used in this section, "photovoltaic solar power generation facility" means an assembly of equipment and components that has the primary purpose of converting sunlight into electricity by photovoltaic effect and has the capability of storing or transferring the electricity.
(2) A photovoltaic solar power generation facility may be established on land that is high-value farmland, as defined in ORS 195.300 (10)(f)(C), provided the land:
(a) Is not located within the boundaries of an irrigation district;
(b) Is not at the time of the facility’s establishment, and was not at any time during the 20 years immediately preceding the facility’s establishment, the place of use of a water right permit, certificate, decree, transfer order or ground water registration authorizing the use of water for the purpose of irrigation;
(c) Is located within the service area of an electric utility described in ORS 469A.052 (2);
(d) Does not exceed the acreage the electric utility reasonably anticipates to be necessary to achieve the applicable renewable portfolio standard described in ORS 469A.052 (3); and
(e) Does not qualify as high-value farmland under any other provision of law.
(3) When evaluating an application to establish a photovoltaic solar power generation facility under this section, a county:
(a) Shall apply the criteria and standards applicable to agricultural land adopted under a statewide land use planning goal relating to agricultural lands; and
(b) May not apply the criteria and standards applicable to high-value farmland adopted under a statewide land use planning goal relating to agricultural lands.
(4) A county is not required to adopt an exception under ORS 197.732 to a statewide land use planning goal relating to agricultural land to authorize the establishment of a photovoltaic solar power generation facility under this section.
(5) A photovoltaic solar power generation facility established under this section is a commercial utility facility under ORS 215.213 (2) or 215.283 (2) if the facility generates power for public use by sale. [2017 c.504 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.448 - Home occupations; parking; where allowed; conditions.

(1) The governing body of a county or its designate may allow, subject to the approval of the governing body or its designate, the establishment of a home occupation and the parking of vehicles in any zone. However, in an exclusive farm use zone, forest zone or a mixed farm and forest zone that allows residential uses, the following standards apply to the home occupation:
(a) It shall be operated by a resident or employee of a resident of the property on which the business is located;
(b) It shall employ on the site no more than five full-time or part-time persons;
(c) It shall be operated substantially in:
(A) The dwelling; or
(B) Other buildings normally associated with uses permitted in the zone in which the property is located; and
(d) It shall not unreasonably interfere with other uses permitted in the zone in which the property is located.
(2) The governing body of the county or its designate may establish additional reasonable conditions of approval for the establishment of a home occupation under subsection (1) of this section.
(3) Nothing in this section authorizes the governing body or its designate to permit construction of any structure that would not otherwise be allowed in the zone in which the home occupation is to be established.
(4) The existence of home occupations shall not be used as justification for a zone change. [1983 c.743 §2; 1995 c.465 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.454 - Lawful continuation of certain winery-related uses or structures.

(1)(a) A use or structure in an area zoned for exclusive farm use that exists on June 28, 2011, may be lawfully continued, altered, restored or replaced pursuant to ORS 215.130 if the use or structure is located on the same tract, as defined in ORS 215.010, as a winery established under ORS 215.213 (1)(p) or 215.283 (1)(n) that produced more than 250,000 gallons of wine in calendar year 2010.
(b) This subsection does not affect the lawful continuation, alteration, restoration or expansion of the winery sited on the same tract.
(2) A winery established under ORS 215.213 (1)(p) or 215.283 (1)(n) that produced more than 150,000 gallons and not more than 250,000 gallons of wine in calendar year 2010 does not require a permit under ORS 215.213 (2)(c) or 215.283 (2)(a). However, the winery must comply with all provisions of ORS 215.452 except the annual production requirements.
(3) A use or structure that is lawfully established at a winery located in an exclusive farm use zone and that exists on August 2, 2011, including events and activities that exceed the income limit imposed by ORS 215.452, may be continued, altered, restored or replaced pursuant to ORS 215.130.
(4) Subsection (3) of this section does not affect the lawful continuation, alteration, restoration or replacement of the winery sited on the same tract.
(5) A use or structure that is lawfully established at a winery located in an exclusive farm use zone and that exists on June 28, 2013, including events and activities that exceed the income limit imposed by ORS 215.452, may be continued, altered, restored or replaced pursuant to ORS 215.130.
(6) Subsection (5) of this section does not affect the lawful continuation, alteration, restoration or replacement of the winery sited on the same tract. [2011 c.567 §6; subsections (3) and (4) of 2013 Edition enacted as 2011 c.679 §6; subsections (5) and (6) of 2013 Edition enacted as 2013 c.554 §5]
Note:
215.454 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.455 - Effect of approval of winery on land use laws.

Any winery approved under ORS 215.213, 215.283, 215.284, 215.452 and 215.453 is not a basis for an exception under ORS 197.732 (2)(a) or (b). [1989 c.525 §5; 2007 c.71 §73; 2011 c.679 §9]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.456 - Siting winery as commercial activity in exclusive farm use zone.

(1) A local government may authorize the siting of a winery, on land zoned for exclusive farm use, pursuant to the standards that apply to a commercial activity in conjunction with farm use under ORS 215.213 (2)(c) or 215.283 (2)(a) or other law if the winery:
(a) Does not qualify for siting under ORS 215.452 or 215.453; or
(b) Seeks to carry out uses or activities that are not authorized by ORS 215.452 or 215.453.
(2) If a county authorizes the establishment of a winery on land zoned for exclusive farm use or mixed farm and forest use under provisions of law other than ORS 215.452 or 215.453 after June 28, 2013, the gross income of the winery from any activity other than the production or sale of wine may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery. The gross income of a winery does not include income received by third parties unaffiliated with the winery. [2013 c.554 §3]
Note:
215.456 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.457 - Youth camps allowed in forest zones and mixed farm and forest zones.

A person may establish a youth camp:
(1) On land zoned for forest use or mixed farm and forest use, consistent with rules adopted by the Land Conservation and Development Commission.
(2) On land in eastern Oregon, as defined in ORS 321.805, that is zoned for exclusive farm use and is composed predominantly of class VI, VII or VIII soils, consistent with rules adopted by the Land Conservation and Development Commission. However, a person may not establish a youth camp authorized under this subsection within an irrigation district or within three miles of an urban growth boundary as defined in ORS 197.015. A youth camp may be authorized under this subsection only on a lawfully established unit of land as defined in ORS 92.010 of at least 1,000 acres. [1999 c.586 §2; 2013 c.711 §1; 2023 c.13 §98]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.459 - Private campground in forest zones and mixed farm and forest zones; yurts; rules.

(1)(a) Subject to the approval of the county governing body or its designee, a private campground may be established in an area zoned for forest use or mixed farm and forest use. Subject to the approval of the county governing body or its designee, the campground may provide yurts for overnight camping. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. The yurt shall be located on the ground or on a wood floor with no permanent foundation.
(b) A public park or campground may be established as provided in ORS 195.120 in an area zoned for forest use or mixed farm and forest use.
(2) Upon request of a county governing body, the Land Conservation and Development Commission may provide by rule for an increase in the number of yurts allowed on all or a portion of the campgrounds in a county if the commission determines that the increase will comply with the standards described in ORS 215.296 (1).
(3) As used in this section, "yurt" means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hookup or internal cooking appliance. [1999 c.758 §4]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.462 - Limitations on guest ranch.

(1) Notwithstanding ORS 215.283, the governing body of a county or its designee may not allow a guest ranch in conjunction with:
(a) A campground as described in ORS 215.283 (2).
(b) A golf course as described in ORS 215.283 (2).
(2) Notwithstanding ORS 215.263, the governing body of a county or its designee may not approve a proposed division of land in an exclusive farm use zone for a guest ranch.
(3) The governing body of a county or its designee may not approve a proposed division of land that separates the guest ranch from the dwelling of the individual conducting the livestock operation. [2018 c.15 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.490 - Recreational vehicles on occupied residential properties.

(1) As used in this section:
(a) "Recreational vehicle" means a recreational vehicle that has not been rendered structurally immobile and is titled with the Department of Transportation.
(b) "Rural area" means an area zoned for rural residential use as defined in ORS 215.501 or land that is within the urban growth boundary of a metropolitan service district, but not within the jurisdiction of any city, and zoned for residential use.
(2) A county may allow an owner of a lot or parcel in a rural area to site on the property one recreational vehicle that is used for residential purposes and is subject to a residential rental agreement, provided:
(a) The property is not within an area designated as an urban reserve as defined in ORS 197A.230;
(b) A single-family dwelling that is occupied as the primary residence of the property owner is sited on the property;
(c) There are no other dwelling units on the property and no portion of the single-family dwelling is rented as a residential tenancy;
(d) The property owner will not allow the use of the recreational vehicle space or recreational vehicle for vacation occupancy, as defined in ORS 90.100, or other short-term uses;
(e) The recreational vehicle is owned or leased by the tenant; and
(f) The property owner will provide essential services to the recreational vehicle space, as described in ORS 90.100 (15)(b).
(3) A county may require that an owner of a lot or parcel who sites a recreational vehicle under this section:
(a) Register the use with the county.
(b) Enter into a written residential rental agreement with the tenant of the recreational vehicle.
(c) Limit the amount of payments that the property owner may accept from the tenant under ORS 90.140 to those reasonably necessary to cover the owner’s costs or losses.
(d) Require that the recreational vehicle comply with any reasonable appearance, repair, inspection or siting standards adopted by the county.
(4) Notwithstanding ORS 455.405, a recreational vehicle sited under this section is not subject to the state building code. [2023 c.295 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.501 - Conversion of historic homes to accessory dwelling units.

(1) As used in this section:
(a) "Accessory dwelling unit" means a residential structure that is used in connection with or that is auxiliary to a single-family dwelling.
(b) "Area zoned for rural residential use" means land that is not located inside an urban growth boundary as defined in ORS 197.015 and that is subject to an acknowledged exception to a statewide land use planning goal relating to farmland or forestland and planned and zoned by the county to allow residential use as a primary use.
(c) "Historic home" means a single-family dwelling constructed between 1850 and 1945.
(d) "New" means that the dwelling being constructed did not previously exist in residential or nonresidential form. "New" does not include the acquisition, alteration, renovation or remodeling of an existing structure.
(e) "Single-family dwelling" means a residential structure designed as a residence for one family and sharing no common wall with another residence of any type.
(2) Notwithstanding any local zoning or local regulation or ordinance pertaining to the siting of accessory dwelling units in areas zoned for rural residential use, a county may allow an owner of a lot or parcel within an area zoned for rural residential use to construct a new single-family dwelling on the lot or parcel, provided:
(a) The lot or parcel is not located in an area designated as an urban reserve as defined in ORS 197A.230;
(b) The lot or parcel is at least two acres in size;
(c) A historic home is sited on the lot or parcel;
(d) The owner converts the historic home to an accessory dwelling unit upon completion of the new single-family dwelling; and
(e) The accessory dwelling unit complies with all applicable laws and regulations relating to sanitation and wastewater disposal and treatment.
(3) An owner that constructs a new single-family dwelling under subsection (2) of this section may not:
(a) Subdivide, partition or otherwise divide the lot or parcel so that the new single-family dwelling is situated on a different lot or parcel from the accessory dwelling unit.
(b) Alter, renovate or remodel the accessory dwelling unit so that the square footage of the accessory dwelling unit is more than 120 percent of the historic home’s square footage at the time construction of the new single-family dwelling commenced.
(c) Rebuild the accessory dwelling unit if the structure is lost to fire.
(d) Construct an additional accessory dwelling unit on the same lot or parcel.
(4) A county may require that a new single-family dwelling constructed under this section be served by the same water supply source as the accessory dwelling unit.
(5) A county may impose additional conditions of approval for construction of a new single-family dwelling or conversion of a historic home to an accessory dwelling unit under this section. [2017 c.400 §2; 2023 c.13 §99]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.513 - Forwarding of notice to property purchaser.

(1) A mortgagee, lienholder, vendor or seller of real property who receives a mailed notice required by this chapter shall promptly forward the notice to the purchaser of the property. Each mailed notice required by this chapter shall contain the following statement: "NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER."
(2) Mailed notices to owners of real property required by this chapter shall be deemed given to those owners named in an affidavit of mailing executed by the person designated by the governing body of a county to mail the notices. The failure of a person named in the affidavit to receive the notice shall not invalidate an ordinance. The failure of the governing body of a county to cause a notice to be mailed to an owner of a lot or parcel of property created or that has changed ownership since the last complete tax assessment roll was prepared shall not invalidate an ordinance. [1977 c.664 §39]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.605 - Counties authorized to adopt housing codes.

For the protection of the public health, welfare and safety, the governing body of a county may adopt ordinances establishing housing codes for the county, or any portion thereof, except where housing code ordinances are in effect on August 22, 1969, or where such ordinances are enacted by an incorporated city subsequent to August 22, 1969. Such housing code ordinances may adopt by reference published codes, or any portion thereof, and a certified copy of such code or codes shall be filed with the county clerk of said county. [1969 c.418 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.606 - Standards for clustered mailboxes in county roads and rights-of-way.

Each county in this state shall adopt standards and specifications for clustered mailboxes within the boundaries of county roads and rights-of-way that conform to the standards and specifications for such mailboxes contained in the State of Oregon Structural Specialty Code. [2011 c.488 §3]
Note:
215.606 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.615 - Application and contents of housing ordinances.

The provisions of housing code ordinances authorized by ORS 215.605 and this section shall apply to all buildings or portions thereof used, or designed or intended to be used for human habitation, and shall include, but not be limited to:
(1) Standards for space, occupancy, light, ventilation, sanitation, heating, exits and fire protection.
(2) Inspection of such buildings.
(3) Procedures whereby buildings or portions thereof which are determined to be substandard are declared to be public nuisances and are required to be abated by repair, rehabilitation, demolition or removal.
(4) An advisory and appeals board. [1969 c.418 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.720 - Criteria for forestland dwelling under ORS 215.705.

(1) A dwelling authorized under ORS 215.705 may be allowed on land zoned for forest use under a goal protecting forestland only if:
(a) The tract on which the dwelling will be sited is in western Oregon, as defined in ORS 321.257, and is composed of soils not capable of producing 5,000 cubic feet per year of commercial tree species and is located within 1,500 feet of a public road as defined under ORS 368.001. The road shall be maintained and either paved or surfaced with rock and shall not be:
(A) A United States Bureau of Land Management road; or
(B) A United States Forest Service road unless the road is paved to a minimum width of 18 feet, there is at least one defined lane in each direction and a maintenance agreement exists between the United States Forest Service and landowners adjacent to the road, a local government or a state agency.
(b) The tract on which the dwelling will be sited is in eastern Oregon, as defined in ORS 321.805, and is composed of soils not capable of producing 4,000 cubic feet per year of commercial tree species and is located within 1,500 feet of a public road as defined under ORS 368.001. The road shall be maintained and either paved or surfaced with rock and shall not be:
(A) A United States Bureau of Land Management road; or
(B) A United States Forest Service road unless the road is paved to a minimum width of 18 feet, there is at least one defined lane in each direction and a maintenance agreement exists between the United States Forest Service and landowners adjacent to the road, a local government or a state agency.
(2) For purposes of this section, "commercial tree species" means trees recognized under rules adopted under ORS 527.715 for commercial production.
(3) No dwelling other than those described in this section and ORS 215.740, 215.750 and 215.755 may be sited on land zoned for forest use under a land use planning goal protecting forestland. [1993 c.792 §4 (1),(4),(9); 1997 c.318 §4; 1997 c.732 §1; 2003 c.621 §102]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.730 - Additional criteria for forestland dwelling under ORS 215.705.

(1) A local government shall require as a condition of approval of a single-family dwelling allowed under ORS 215.705 on lands zoned forestland that:
(a)(A) If the lot or parcel is more than 30 acres in eastern Oregon as defined in ORS 321.805, the property owner submits a stocking survey report to the assessor and the assessor verifies that the minimum stocking requirements adopted under ORS 527.610 to 527.770 have been met; or
(B) If the lot or parcel is more than 10 acres in western Oregon as defined in ORS 321.257, the property owner submits a stocking survey report to the assessor and the assessor verifies that the minimum stocking requirements adopted under ORS 527.610 to 527.770 have been met.
(b) The dwelling meets the following requirements:
(A) The dwelling has a fire retardant roof.
(B) The dwelling will not be sited on a slope of greater than 40 percent.
(C) Evidence is provided that the domestic water supply is from a source authorized by the Water Resources Department and not from a Class II stream as designated by the State Board of Forestry.
(D) The dwelling is located upon a parcel within a fire protection district or is provided with residential fire protection by contract.
(E) If the dwelling is not within a fire protection district, the applicant provides evidence that the applicant has asked to be included in the nearest such district.
(F) If the dwelling has a chimney or chimneys, each chimney has a spark arrester.
(G) The owner provides and maintains primary fuel-free break and secondary break areas on land surrounding the dwelling that is owned or controlled by the owner.
(2)(a) If a governing body determines that meeting the requirement of subsection (1)(b)(D) of this section would be impracticable, the governing body may provide an alternative means for protecting the dwelling from fire hazards. The means selected may include a fire sprinkling system, on-site equipment and water storage or other methods that are reasonable, given the site conditions.
(b) If a water supply is required under this subsection, it shall be a swimming pool, pond, lake or similar body of water that at all times contains at least 4,000 gallons or a stream that has a minimum flow of at least one cubic foot per second. Road access shall be provided to within 15 feet of the water’s edge for fire-fighting pumping units, and the road access shall accommodate a turnaround for fire-fighting equipment. [1993 c.792 §5; 1995 c.812 §6; 1997 c.293 §1; 2003 c.621 §103]