reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.794 - Notice to railroad company upon certain applications for land use decision, limited land use decision or expedited land use decision.

(1) As used in this section, "railroad company" has the meaning given that term in ORS 824.200.
(2) If a railroad-highway crossing provides or will provide the only access to land that is the subject of an application for a land use decision, a limited land use decision or an expedited land division, the applicant must indicate that fact in the application submitted to the decision maker.
(3) The decision maker shall provide notice to the Department of Transportation and the railroad company whenever the decision maker receives the information described under subsection (2) of this section. [2003 c.145 §2]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.798 - Rules regulating transportation improvements by city or county.

(1) As used in this section, "transportation facility" means any physical facility that moves or assists in the movement of people or goods.
(2) The Land Conservation and Development Commission shall adopt rules or amend existing rules as necessary to allow a city or county to propose transportation improvements located outside of that city or county when the city or county is considering an amendment to a functional plan, comprehensive plan or land use regulation and the amendment would significantly affect a transportation facility within the city or county.
(3) A city or county may use highway mobility targets established for a highway corridor by the Department of Transportation’s Oregon Highway Plan as the basis for proposing transportation improvements located outside of that city or county. [2015 c.280 §1]
Note:
197.798 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.805 - Policy on review of land use decisions.

It is the policy of the Legislative Assembly that time is of the essence in reaching final decisions in matters involving land use and that those decisions be made consistently with sound principles governing judicial review. It is the intent of the Legislative Assembly in enacting ORS 197.805 to 197.855 to accomplish these objectives. [1979 c.772 §1a; 1983 c.827 §28]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.810 - Land Use Board of Appeals; appointment and removal of members; qualifications.

(1) There is hereby created a Land Use Board of Appeals consisting of not more than three positions. Board members shall be appointed by the Governor subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. The board shall consist of a board chairperson chosen by the board members and such other board members as the Governor considers necessary. The members of the board shall serve terms of four years. A member is eligible for reappointment. The salaries of the members shall be fixed by the Governor unless otherwise provided for by law. The salary of a member of the board shall not be reduced during the period of service of the member.
(2) The Governor may at any time remove any member of the board for inefficiency, incompetence, neglect of duty, malfeasance in office or unfitness to render effective service. Before such removal the Governor shall give the member a copy of the charges against the member and shall fix the time when the member can be heard in defense against the charges, which shall not be less than 10 days thereafter. The hearing shall be open to the public and shall be conducted in the same manner as a contested case under ORS chapter 183. The decision of the Governor to remove a member of the board shall be subject to judicial review in the same manner as provided for review of contested cases under ORS 183.480 to 183.540.
(3) Board members appointed under subsection (1) of this section shall be members in good standing of the Oregon State Bar. [1979 c.772 §2; 1983 c.827 §28a; 1997 c.436 §1; 1999 c.257 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.815 - Office location; proceedings may be conducted by telephone.

(1) The principal office of the Land Use Board of Appeals shall be in the state capital, but the board may hold hearings in any county or city in order to provide reasonable opportunities to parties to appear before the board with as little inconvenience and expense as is practicable. Upon request of the board, the county or city governing body shall provide the board with suitable rooms for hearings held in that city or county.
(2) For the convenience of one or more of the parties, the board may hold hearings by telephone. [1983 c.827 §29; 1999 c.257 §2]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.820 - Duty to conduct review proceedings; authority to issue orders; rules.

(1) The Land Use Board of Appeals shall conduct review proceedings upon petitions filed in the manner prescribed in ORS 197.830.
(2) In conducting review proceedings the members of the board may sit together or separately as the board chairperson shall decide.
(3) The board chairperson shall apportion the business of the board among the members of the board. Each member shall have the power to hear and issue orders on petitions filed with the board and on all issues arising under those petitions.
(4) The board shall adopt rules governing:
(a) The conduct of review proceedings brought before it under ORS 197.830 to 197.845.
(b) The transfer of a matter to the board by the Director of the Department of Land Conservation and Development under ORS 197.825 (2)(c). [1979 c.772 §2a; 1983 c.827 §28b; 1997 c.436 §2; 1999 c.257 §3; 2005 c.245 §2; 2005 c.829 §11]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.825 - Jurisdiction of board; limitations; effect on circuit court jurisdiction.

(1) Except as provided in ORS 197.320 and subsections (2) and (3) of this section, the Land Use Board of Appeals shall have exclusive jurisdiction to review any land use decision or limited land use decision of a local government, special district or a state agency in the manner provided in ORS 197.830 to 197.845.
(2) The jurisdiction of the board:
(a) Is limited to those cases in which the petitioner has exhausted all remedies available by right before petitioning the board for review;
(b) Is subject to the provisions of ORS 197.850 relating to judicial review by the Court of Appeals;
(c) Does not include a local government decision that is:
(A) Submitted to the Department of Land Conservation and Development for acknowledgment under ORS 197.251, 197.626 or 197.628 to 197.651 or a matter arising out of a local government decision submitted to the department for acknowledgment, unless the Director of the Department of Land Conservation and Development, in the director’s sole discretion, transfers the matter to the board; or
(B) Subject to the review authority of the department under ORS 197.412, 197.445, 197.450 or 197.455 or a matter related to a local government decision subject to the review authority of the department under ORS 197.412, 197.445, 197.450 or 197.455;
(d) Does not include those land use decisions of a state agency over which the Court of Appeals has jurisdiction for initial judicial review under ORS 183.400, 183.482 or other statutory provisions;
(e) Does not include any rules, programs, decisions, determinations or activities carried out under ORS 527.610 to 527.770, 527.990 (1) and 527.992;
(f) Is subject to ORS 196.115 for any county land use decision that may be reviewed by the Columbia River Gorge Commission pursuant to sections 10(c) or 15(a)(2) of the Columbia River Gorge National Scenic Area Act, P.L. 99-663; and
(g) Does not include review of expedited land divisions under ORS 197.360.
(3) Notwithstanding subsection (1) of this section, the circuit courts of this state retain jurisdiction:
(a) To grant declaratory, injunctive or mandatory relief in proceedings arising from decisions described in ORS 197.015 (10)(b) or proceedings brought to enforce the provisions of an adopted comprehensive plan or land use regulations; and
(b) To enforce orders of the board in appropriate proceedings brought by the board or a party to the board proceeding resulting in the order. [1983 c.827 §30; 1987 c.729 §14; 1987 c.856 §9; 1987 c.919 §4; 1989 c.761 §11; 1991 c.817 §4; 1995 c.595 §26; 1999 c.348 §16; 2005 c.22 §146; 2005 c.245 §1; 2005 c.829 §10; 2007 c.354 §30]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.828 - Board review of limited land use decision.

(1) The Land Use Board of Appeals shall either reverse, remand or affirm a limited land use decision on review.
(2) The board shall reverse or remand a limited land use decision if:
(a) The decision is not supported by substantial evidence in the record. The existence of evidence in the record supporting a different decision shall not be grounds for reversal or remand if there is evidence in the record to support the final decision;
(b) The decision does not comply with applicable provisions of the land use regulations;
(c) The decision is:
(A) Outside the scope of authority of the decision maker; or
(B) Unconstitutional; or
(d) The local government committed a procedural error which prejudiced the substantial rights of the petitioner. [1991 c.817 §2]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.829 - Board to affirm certain local government interpretations.

(1) The Land Use Board of Appeals shall affirm a local government’s interpretation of its comprehensive plan and land use regulations, unless the board determines that the local government’s interpretation:
(a) Is inconsistent with the express language of the comprehensive plan or land use regulation;
(b) Is inconsistent with the purpose for the comprehensive plan or land use regulation;
(c) Is inconsistent with the underlying policy that provides the basis for the comprehensive plan or land use regulation; or
(d) Is contrary to a state statute, land use goal or rule that the comprehensive plan provision or land use regulation implements.
(2) If a local government fails to interpret a provision of its comprehensive plan or land use regulations, or if such interpretation is inadequate for review, the board may make its own determination of whether the local government decision is correct. [1993 c.792 §43; 1995 c.595 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.831 - Appellate review of clear and objective approval standards, conditions and procedures for needed housing.

In a proceeding before the Land Use Board of Appeals or an appellate court that involves an ordinance required to contain clear and objective approval standards, conditions and procedures for housing, including under ORS 197A.200 and 197A.400, the local government imposing the provisions of the ordinance shall demonstrate that the approval standards, conditions and procedures are capable of being imposed only in a clear and objective manner. [1999 c.357 §5; 2011 c.354 §7; 2023 c.13 §90]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.832 - Board Publications Account.

The Board Publications Account is established in the General Fund. All moneys in the account are appropriated continuously to the Land Use Board of Appeals to be used for paying expenses incurred by the board under ORS 197.830 (17). Disbursements of moneys from the account shall be approved by a member of the board. [1985 c.119 §5; 1989 c.761 §24; 1995 c.595 §17; 1997 c.436 §3; 1999 c.257 §4; 1999 c.621 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.843 - Attorney fees for applicant developing affordable housing.

(1) The Land Use Board of Appeals shall award attorney fees to an applicant whose application is only for the development of affordable housing, as defined in ORS 197A.445, or publicly supported housing, as defined in ORS 456.250, if the board affirms a quasi-judicial land use decision approving the application or reverses a quasi-judicial land use decision denying the application.
(2) A party who was awarded attorney fees under this section or ORS 197.850 shall repay the fees plus any interest from the time of the judgment if the property upon which the fees are based is developed for a use other than affordable housing.
(3) As used in this section:
(a) "Applicant" includes:
(A) An applicant with a funding reservation agreement with a public funder for the purpose of developing publicly supported housing;
(B) A housing authority, as defined in ORS 456.005;
(C) A qualified housing sponsor, as defined in ORS 456.548;
(D) A religious nonprofit corporation;
(E) A public benefit nonprofit corporation whose primary purpose is the development of affordable housing; and
(F) A local government that approved the application of an applicant described in this paragraph.
(b) "Attorney fees" includes prelitigation legal expenses, including preparing the application and supporting the application in local land use hearings or proceedings. [2021 c.385 §2]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.845 - Stay of decision being reviewed; criteria; undertaking; conditions; limitations.

(1) Upon application of the petitioner, the board may grant a stay of a land use decision or limited land use decision under review if the petitioner demonstrates:
(a) A colorable claim of error in the land use decision or limited land use decision under review; and
(b) That the petitioner will suffer irreparable injury if the stay is not granted.
(2) If the board grants a stay of a quasi-judicial land use decision or limited land use decision approving a specific development of land, it shall require the petitioner requesting the stay to give an undertaking in the amount of $5,000 in addition to the filing fee under ORS 197.830 (9). The board may impose other reasonable conditions such as requiring the petitioner to file all documents necessary to bring the matter to issue within specified reasonable periods of time.
(3) If the board affirms a quasi-judicial land use decision or limited land use decision for which a stay was granted under subsections (1) and (2) of this section, the board shall award reasonable attorney fees and actual damages resulting from the stay to the person who requested the land use decision or limited land use decision from the local government, special district or state agency, against the person requesting the stay in an amount not to exceed the amount of the undertaking.
(4) The board shall limit the effect of a stay of a legislative land use decision to the geographic area or to particular provisions of the legislative decision for which the petitioner has demonstrated a colorable claim of error and irreparable injury under subsection (1) of this section. The board may impose reasonable conditions on a stay of a legislative decision, such as the giving of a bond or other undertaking or a requirement that the petitioner file all documents necessary to bring the matter to issue within a specified reasonable time period. [1983 c.827 §34; 1989 c.761 §22; 1991 c.817 §28; 1999 c.621 §9; 2021 c.61 §2]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.855 - Deadline for final court order; exceptions.

(1) The Court of Appeals shall issue a final order on a petition for review filed under ORS 197.850 within 91 days after oral argument on the petition.
(2) The following periods of delay shall be excluded from the 91-day period within which the court must issue a final order on a petition:
(a) Any period of delay resulting from a motion properly before the court; or
(b) Any reasonable period of delay resulting from a continuance granted by the court on the court’s own motion or at the request of one of the parties, if the court granted the continuance on the basis of findings that the ends of justice served by granting the continuance outweigh the best interest of the public and the parties in having a decision within 91 days.
(3) No period of delay resulting from a continuance granted by the court under subsection (2)(b) of this section shall be excludable under this section unless the court sets forth, in the record, either orally or in writing, its reasons for finding that the ends of justice served by granting the continuance outweigh the best interests of the public and the other parties in a decision within the 91 days. The factors the court shall consider in determining whether to grant a continuance under subsection (2)(b) of this section in any case are as follows:
(a) Whether the failure to grant a continuance in the proceeding would be likely to make a continuation of the proceeding impossible or result in a miscarriage of justice; or
(b) Whether the case is so unusual or so complex, due to the number of parties or the existence of novel questions of fact or law, that it is unreasonable to expect adequate consideration of the issues within the 91-day time limit.
(4) No continuance under subsection (2)(b) of this section shall be granted because of general congestion of the court calendar or lack of diligent preparation or attention to the case by any member of the court or any party. [1983 c.827 §35a]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.860 - Stay of proceedings to allow mediation.

All parties to an appeal may at any time prior to a final decision by the Court of Appeals under ORS 197.855 stipulate that the appeal proceeding be stayed for any period of time agreeable to the parties and the board or court to allow the parties to enter mediation. Following mediation, the board or the court may, at the request of the parties, dismiss the appeal or remand the decision to the board or the local government with specific instructions for entry of a final decision on remand. If the parties fail to agree to a stipulation for remand or dismissal through mediation within the time the appeal is stayed, the appeal shall proceed with such reasonable extension of appeal deadlines as the board or Court of Appeals considers appropriate. [1989 c.761 §14]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 197A.015 - Definitions for ORS 197.475 to 197.493 and ORS chapter 197A.

As used in ORS 197.475 to 197.493 and ORS chapter 197A:
(1) "Allocated housing need" means the housing need allocated to a city under ORS 184.453 (2) as segmented by income level under ORS 184.453 (4).
(2) "Buildable lands" means lands in urban and urbanizable areas that are suitable, available and necessary for the development of needed housing over a 20-year planning period, including both vacant land and developed land likely to be redeveloped.
(3) "City" and "city with a population of 10,000 or greater" includes, regardless of size, any city within Tillamook County and the communities of Barview/Twin Rocks/Watseco, Cloverdale, Hebo, Neahkahnie, Neskowin, Netarts, Oceanside and Pacific City/Woods.
(4) "Development-ready lands" means buildable lands that are likely to support the production of housing during the period of their housing production target under ORS 184.455 (1) because the lands are:
(a) Currently annexed and zoned to allow housing through clear and objective standards and procedures;
(b) Readily served through adjacent public facilities or identified for the near-term provision of public facilities through an adopted capital improvement plan; and
(c) Not encumbered by any applicable local, state or federal protective regulations or have appropriate entitlements to prepare the land for development.
(5) "Government assisted housing" means housing that is financed in whole or part by either a federal or state housing agency or a housing authority as defined in ORS 456.005, or housing that is occupied by a tenant or tenants who benefit from rent supplements or housing vouchers provided by either a federal or state housing agency or a local housing authority.
(6) "Housing capacity" means the number of needed housing units that can be developed on buildable lands within the 20-year planning period based on the land’s comprehensive plan designation and capacity for housing development and redevelopment.
(7) "Housing production strategy" means a strategy adopted by a local government to promote housing production under ORS 197A.100.
(8) "Manufactured dwelling," "manufactured dwelling park," "manufactured home" and "mobile home park" have the meanings given those terms in ORS 446.003.
(9) "Periodic review" means the process and procedures as set forth in ORS 197.628 to 197.651.
(10) "Prefabricated structure" means a prefabricated structure, as defined in ORS 455.010, that is relocatable, more than eight and one-half feet wide and designed for use as a single-family dwelling. [Formerly 197.286]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 197A.018 - Definition of "needed housing."

(1) As used in ORS chapter 197A, and except as provided in subsection (2) of this section:
(a) "Needed housing" means housing by affordability level, as described in ORS 184.453 (4), type, characteristics and location that is necessary to accommodate the city’s allocated housing need over the 20-year planning period in effect when the city’s housing capacity is determined.
(b) "Needed housing" includes the following housing types:
(A) Detached single-family housing, middle housing types as described in ORS 197A.420 and multifamily housing that is owned or rented;
(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) Housing for agricultural workers;
(F) Housing for individuals with a variety of disabilities, related to mobility or communications that require accessibility features;
(G) Housing for older persons, as defined in ORS 659A.421;
(H) Housing for college or university students, if relevant to the region; and
(I) Single room occupancies as defined in ORS 197A.430.
(2) Subsection (1)(b)(A) and (D) of this section does not apply to:
(a) A city with a population of less than 2,500.
(b) A county with a population of less than 15,000.
(3) At the time that a city is required to inventory its buildable lands under ORS 197A.270, 197A.280 or 197A.335 (1), the city shall determine its needed housing under this section.
(4) In determining needed housing the city must demonstrate that the projected housing types, characteristics and locations are:
(a) Attainable for the allocated housing need by income, including consideration of publicly supported housing;
(b) Appropriately responsive to current and projected market trends; and
(c) Responsive to the factors in ORS 197A.100 (2)(b) to (d). [2023 c.13 §23; 2023 c.223 §19]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 197A.030 - Department support to local governments to incentivize needed housing.

The Department of Land Conservation and Development may provide technical assistance and award grants to local governments to enable them to implement the provisions of ORS chapter 197A and to take other actions to incentivize the production of needed housing within the jurisdiction of the local government. [2023 c.13 §10]
Note:
197A.030 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 197A.103 - Review of housing production strategy; rules.

(1) No later than 20 days after a city’s adoption or amendment of a housing production strategy under ORS 197A.100, a city shall submit the adopted strategy or amended strategy to the Department of Land Conservation and Development.
(2) The submission under subsection (1) of this section must include copies of:
(a) The signed decision adopting the housing production strategy or amended strategy;
(b) The text of the housing production strategy clearly indicating any amendments to the most recent strategy submitted under this section; and
(c) A brief narrative summary of the housing production strategy.
(3) On the same day the city submits notice of the housing production strategy or amended strategy, the city shall provide a notice to persons that participated in the proceedings that led to the adoption of the strategy and requested notice in writing.
(4) Within 10 days of receipt of the submission under subsection (1) of this section, the department shall provide notice to persons described under ORS 197.615 (3).
(5) The notices given under subsections (3) and (4) of this section must state:
(a) How and where materials described in subsection (2) of this section may be freely obtained;
(b) That comments on the strategy may be submitted to the department within 45 days after the department has received the submission; and
(c) That there is no further right of appeal.
(6) Based upon criteria adopted by the Land Conservation and Development Commission, the department shall, within 120 days after receiving the submission under subsection (1) of this section:
(a) Approve the housing production strategy;
(b) Approve the housing production strategy, subject to further review and actions; or
(c) Remand the housing production strategy for further modification as identified by the department.
(7) A determination by the department under subsection (6) of this section is not a land use decision and is final and not subject to appeal.
(8) The Land Conservation and Development Commission may adopt rules describing circumstances in which a city’s amendment to a comprehensive plan or adoption of a land use regulation is not subject to review, including under ORS 197.610 to 197.625, for compliance with a statewide land use planning goal related to transportation or economic development if the amendment or adoption is included within a housing production strategy that has been approved under subsection (6) of this section. In establishing circumstances under this subsection, the commission shall provide equal weight to housing, economic and transportation statewide land use planning goals as required under ORS 197.340. [Formerly 197.291]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 197A.110 - City report on housing permitting and production.

(1) No later than February 1 of each year, each city with a population of 10,000 or greater shall submit to the Department of Land Conservation and Development a report for the immediately preceding calendar year setting forth:
(a) The number of residential units permitted and the number produced, segmented by:
(A) Single-family homes.
(B) Accessory dwelling units.
(C) Units of middle housing.
(D) Multifamily residential units, not including middle housing.
(E) Units with accessibility features or of an accessibility category as recognized by a building code established under ORS chapter 455.
(b) For each segment under paragraph (a) of this subsection, the number of units that were subject to a recorded agreement that runs with the land and that requires affordability for an established income level for a defined period, but that would not be included in the inventory of publicly supported housing described in ORS 456.601 (3)(a).
(2) The Department of Land Conservation and Development, in consultation with the Housing and Community Services Department, shall develop a format by which data required under this section must be submitted. The Department of Land Conservation and Development shall provide a copy of any form or notice of the format to each city required to provide a report.
(3) The Department of Land Conservation and Development shall provide a copy of the data received under this section to the Oregon Department of Administrative Services and the Housing and Community Services Department by July 1 of each year. [2023 c.13 §37]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 197A.115 - City report on implementation of housing production strategy.

Between 12 and 18 months before a city’s deadline for completing a housing capacity determination under ORS 197A.270 (2), 197A.280 (2) or 197A.335 (1), each city with a population of 10,000 or greater shall submit to the Department of Land Conservation and Development a report setting forth the actions that a city has taken since its most recent housing capacity determination to implement its housing production strategy or to otherwise encourage the development of needed housing, to increase the affordability of housing, to reduce rent burdens, to affirmatively further fair housing or to otherwise meet the purposes of ORS 197A.100 (2). [2023 c.13 §38]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 197A.205 - Housing and Community Services Department review of certain local housing measures.

(1) Upon request of the Department of Land Conservation and Development, the Housing and Community Services Department shall review the inventory and analysis of housing, and measures taken to address the housing need, required of certain local governments under ORS 197A.270, 197A.280, 197A.335 or 197A.350. The review shall address the likely effect of measures and housing production strategies developed by a local government on the adequacy of the supply of buildable land and measures to address needed housing.
(2) The Land Conservation and Development Commission and the Director of the Department of Land Conservation and Development shall consider the review and any recommendations of the Housing and Community Services Department when determining whether a local government has complied with the statewide land use planning goals and the requirements of ORS 197A.270, 197A.280, 197A.335 or 197A.350. [Formerly 197.637]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 197A.210 - Development-ready lands.

(1) At the time that a city is required to inventory its buildable lands under ORS 197A.270, 197A.280 or 197A.335 (1), the city shall inventory its development-ready lands.
(2) If the total housing production target is greater than the housing capacity of development-ready lands, the local government shall take any actions in ORS 197A.100 (3) that demonstrably prepare lands for development or redevelopment or increase the housing capacity of existing development-ready lands. [2023 c.13 §13; 2023 c.326 §9]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 197A.215 - Application to remove property from within urban growth boundary; conditions.

(1) A local government may make a land use decision to approve an application to remove a lot or parcel from within an urban growth boundary if:
(a) The application is submitted by the owner of the lot or parcel;
(b)(A) The lot or parcel is adjacent to the edge of the urban growth boundary; or
(B) The lot or parcel is adjacent to another lot or parcel that is removed under this section;
(c) The lot or parcel is assessed under ORS 308A.050 to 308A.128 for its value for farm use;
(d) The lot or parcel is not within the boundaries of a city; and
(e) The lot or parcel is not included in an area identified for urban services under ORS 197.754.
(2) A local government, in deciding whether to approve an application under subsection (1) of this section, shall consider:
(a) The projected costs and other consequences of extending urban services to the affected lot or parcel;
(b) The potential value in the investment of providing urban services to the affected lot or parcel;
(c) Any requirement for expanding the urban growth boundary in other areas to compensate for any loss in buildable lands; and
(d) The projected costs and other consequences of providing urban services to other areas brought in under an expanded urban growth boundary.
(3)(a) Land that is removed from within an urban growth boundary pursuant to an application approved under this section shall be removed from any inventory of buildable lands maintained by the local government.
(b) A local government that approves an application under this section shall either expand the urban growth boundary to compensate for any resulting reduction in available buildable lands or increase the development capacity of the remaining supply of buildable lands consistent with ORS 197A.270, 197A.280, 197A.285 to 197A.325 or 197A.350 (6). [Formerly 197.764]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 197A.230 - Definitions for ORS 197A.230 to 197A.250.

As used in ORS 197A.230 to 197A.250.
(1) "Rural reserve" means land reserved to provide long-term protection for agriculture, forestry or important natural landscape features that limit urban development or help define appropriate natural boundaries of urbanization, including plant, fish and wildlife habitat, steep slopes and floodplains.
(2) "Urban reserve" means lands outside an urban growth boundary that will provide for:
(a) Future expansion over a long-term period; and
(b) The cost-effective provision of public facilities and services within the area when the lands are included within the urban growth boundary. [Formerly 195.137]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 197A.232 - Findings regarding long-range planning.

The Legislative Assembly finds that:
(1) Long-range planning for population and employment growth by local governments can offer greater certainty for:
(a) The agricultural and forest industries, by offering long-term protection of large blocks of land with the characteristics necessary to maintain their viability; and
(b) Commerce, other industries, other private landowners and providers of public services, by determining the more and less likely locations of future expansion of urban growth boundaries and urban development.
(2) State planning laws must support and facilitate long-range planning to provide this greater certainty. [Formerly 195.139]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 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 Metro’s 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 county’s 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 197A.280 - Determination of housing capacity and accommodation of needed housing by cities with population of less than 25,000.

(1) This section applies only to cities that are not within Metro or described in ORS 197A.270 (1).
(2) The actions required under subsection (3) of this section must be undertaken:
(a) At periodic review pursuant to ORS 197.628 to 197.651;
(b) On a schedule established by the Land Conservation and Development Commission for cities with a population of 10,000 or greater, not to exceed once each eight years;
(c) At any other legislative review of the comprehensive plan that requires the application of a statewide planning goal related to buildable lands for residential use; or
(d) At the election of a city with a population of less than 10,000.
(3) A city shall, according to rules of the commission:
(a) Determine its needed housing under ORS 197A.018;
(b) Inventory the supply of buildable lands available within the urban growth boundary to accommodate needed housing; and
(c) Take any necessary actions described in ORS 197A.100 (3), whether or not the actions are described within the city’s housing production strategy, to accommodate needed housing. [2023 c.13 §21]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 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. [2013 c.575 §1; 2023 c.13 §92]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 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 city’s growth. [2013 c.575 §2]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 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 197A.312 shall notify the Department of Land Conservation and Development of the election in the manner required by ORS 197.610 for notice of a post-acknowledgment plan amendment. The city may revoke the election until the city makes a final decision whether to amend the urban growth boundary of the city. A city that has initiated, but not completed, an amendment of its urban growth boundary before January 1, 2014, may withdraw the proposed amendment and use a method established pursuant to ORS 197A.310 or 197A.312 by filing notice of the election with the department in the manner required by ORS 197.610 and 197.615 for notice of a post-acknowledgment plan amendment.
(5) Beginning on or before January 1, 2023, the commission shall:
(a) Evaluate, every five years, the impact of the implementation of ORS 197A.310 (2) and 197A.312 (2) on the population per square mile, livability in the area, the provision and cost of urban facilities and services, the rate of conversion of agriculture and forest lands and other considerations;
(b) Consider changes to the statewide land use planning goals or rules to address adverse outcomes; and
(c) Make recommendations to the Legislative Assembly, as necessary, for statutory changes. [2013 c.575 §3; 2023 c.13 §94]