(2) Many persons of lower, middle and fixed income depend on government assisted housing as a source of affordable, decent, safe and sanitary housing.
(3) A local government shall permit needed housing in one or more zoning districts or in zones described by some comprehensive plans as overlay zones with sufficient buildable land to satisfy that need. [Formerly subsections (1) to (3) of 197.307]
(Temporary provisions relating to affordable housing pilot program)
Note: Sections 1 to 9, chapter 52, Oregon Laws 2016, provide:
Sec. 1. Sections 2 to 9 of this 2016 Act are added to and made a part of ORS 197.295 to 197.314 [series became ORS chapter 197A]. [2016 c.52 §1]
Sec. 2. Legislative findings. The Legislative Assembly finds and declares that a supply of land dedicated to affordable housing, planned and zoned to encourage development of affordable housing and protected for affordable housing siting over a long period, is necessary for the economic prosperity of communities in this state. [2016 c.52 §2]
Sec. 3. Affordable housing pilot program. The Land Conservation and Development Commission, working with the Housing and Community Services Department, other state agencies and local governments, shall establish and implement an affordable housing pilot program. Notwithstanding any statewide land use planning goal provisions specifying requirements for amending urban growth boundaries, the commission shall adopt rules to implement the pilot program on or before July 1, 2017. The pilot program is intended to:
(1) Encourage local governments to provide an adequate supply of land within urban growth boundaries that is dedicated to affordable housing;
(2) Encourage the development of affordable housing on land dedicated to affordable housing; and
(3) Protect land dedicated to affordable housing from conversion to other uses before or after the development of affordable housing. [2016 c.52 §3]
Sec. 4. Establishment of site selection process. (1) Under the rules adopted under section 3, chapter 52, Oregon Laws 2016, the Land Conservation and Development Commission shall establish a site selection process by which the commission shall select two pilot projects, one from a city with a population of 25,000 or less and one from a city with a population greater than 25,000, from among nominations made by local governments. However, if the commission has not received any qualifying nominations from a city with a population of 25,000 or less on or before January 1, 2020, the commission may select any two pilot projects eligible for selection on or before August 17, 2018.
(2) A local government may nominate a pilot project that provides a site dedicated to affordable housing within the jurisdiction of the local government.
(3) When nominating a pilot project for the site selection process, a local government shall:
(a) Submit a concept plan for the pilot project, including any proposed amendments to the comprehensive plan and land use regulations required to implement the pilot project; and
(b) Demonstrate that the landowner of the site has agreed to designation of the landowner’s property as a pilot project for the purposes of sections 2 to 9, chapter 52, Oregon Laws 2016.
(4) The commission shall select pilot projects that are:
(a) Reasonably likely to provide a site for affordable housing that would not otherwise be provided without the special provisions of the pilot program;
(b) Reasonably likely to serve identified populations in the area that require affordable housing;
(c) Adjacent to the city’s existing urban growth boundary;
(d) Near public facilities and services, including roadways and an identified transit corridor to serve the area, or for which public facilities and services are planned and reasonably likely to be provided at a reasonable cost in the near future;
(e) Located, planned and zoned to avoid or minimize adverse effects on natural resources and nearby farm and forest uses if the pilot project would require amending an urban growth boundary to include the pilot project site; and
(f) Nominated by a local government that demonstrates efforts by the local government to accommodate and encourage the development of needed housing within its existing urban growth boundary.
(5) The following local governments are not eligible for nomination or selection under the pilot program:
(a) Clackamas, Marion, Multnomah, Polk and Washington Counties and cities within Clackamas, Marion, Multnomah, Polk and Washington Counties;
(b) Metro and cities and counties included in the Metro urban growth boundary; and
(c) Local governments within Jefferson County that are served by the North Unit Irrigation District.
(6) In addition to the pilot projects selected by the commission under subsection (1) of this section, the commission may select a nominated pilot project that:
(a) Is submitted by the City of Pendleton; and
(b) Complies with the requirements of subsections (3) and (4) of this section. [2016 c.52 §4; 2019 c.32 §1; 2021 c.112 §1; 2023 c.221 §1]
Sec. 5. Rules. (1) The Land Conservation and Development Commission shall, by rule:
(a) Define “affordable housing”;
(b) Specify types of affordable housing allowed on pilot project sites, including sites that are used as manufactured dwelling parks;
(c) Limit the total acreage of all lots and parcels included in each pilot project site to not greater than 50 acres; and
(d) Specify local government efforts that serve to demonstrate that the local government is accommodating and encouraging development of needed housing within its existing urban growth boundary.
(2) The commission shall specify by rule related requirements for affordable housing that may include a sales price or rental rate range, taking into consideration:
(a) Housing prices within the region compared to the income of residents of that region;
(b) The availability of government assisted housing in the region;
(c) The need for sites to accommodate manufactured dwellings, as defined in ORS 446.003, due to the conversion of manufactured dwelling parks or mobile home parks in the region to other uses; and
(d) Other relevant factors as identified by the commission.
(3) The commission may adopt rules that authorize mixed income housing developments that include affordable housing on pilot project sites. [2016 c.52 §5]
Sec. 6. Expedited process for amending urban growth boundaries to include selected site. (1) Notwithstanding ORS 197A.320 [renumbered 197A.285] and without regard to whether an urban growth boundary already contains a 20-year supply of buildable lands, the Land Conservation and Development Commission by rule may establish an expedited process for amending urban growth boundaries to include pilot project sites selected under section 4 of this 2016 Act.
(2) An amendment to an urban growth boundary pursuant to this section must identify the specific goal and rule requirements related to urban growth boundaries from which a local government is exempt for the purpose of implementing the pilot program.
(3) Pilot project sites included within an urban growth boundary amended pursuant to this section must:
(a) Be dedicated to affordable housing; and
(b) Remain planned and zoned for affordable housing, except as otherwise provided in rules adopted pursuant to section 5 (3) of this 2016 Act. [2016 c.52 §6]
Sec. 7. Site protection from conversion to other uses. (1) The local government of a pilot project site selected by the Land Conservation and Development Commission under section 4 of this 2016 Act shall protect the pilot project site within its urban growth boundary from conversion to other uses before, during and after the development of affordable housing at the pilot project site, except as provided otherwise in rules adopted by the commission under section 5 (3) of this 2016 Act.
(2) The local government of a pilot project site selected by the commission shall ensure that housing developed on the site continues to be used to provide affordable housing for a period of at least 50 years after the selection of the pilot project site through:
(a) Zoning restrictions;
(b) Guaranteed rental rates or sales prices;
(c) Incentives, contract commitments, density bonuses or other voluntary regulations, provisions or conditions designed to increase the supply of moderate or lower cost housing units;
(d) Other regulations, provisions or conditions determined by the local government to be effective in maintaining the affordability of housing on land selected for a pilot project under section 4 of this 2016 Act; or
(e) Restrictive agreements entered into with sources of affordable housing funding.
(3) The local government of a pilot project site selected by the commission may authorize a mix of affordable housing and other housing types on the site, provided that the percentage of affordable housing units developed on the site meets or exceeds requirements specified in rules adopted by the commission pursuant to section 5 (3) of this 2016 Act. [2016 c.52 §7]
Sec. 8. Certain local government actions prohibited. (1) The local government of a pilot project site selected by the Land Conservation and Development Commission under section 4 of this 2016 Act may not plan or zone the site to allow a use or mix of uses not authorized under sections 2 to 9 of this 2016 Act unless the local government withdraws the pilot project site from the urban growth boundary and rezones the site pursuant to law, statewide land use planning goals and land use regulations implementing the goals that regulate allowable uses of land outside urban growth boundaries.
(2) A local government may not use sections 2 to 9 of this 2016 Act to bring high-value farmland, as determined by the commission, within its urban growth boundary.
(3) The inclusion of pilot project sites dedicated to affordable housing within an urban growth boundary pursuant to sections 2 to 9 of this 2016 Act does not authorize a local government to convert buildable lands within the urban growth boundary that are planned for needed housing, as defined in ORS 197.303 [renumbered 197A.348], to other uses.
(4) Notwithstanding ORS 197.309 (2) [renumbered 197A.465 (2)], for a pilot project site selected under section 4 of this 2016 Act, and affordable housing developed on a selected pilot project site, a local government may take any action described in ORS 197.309 that has the effect of establishing the sales price for a housing unit or residential building lot or parcel, or that requires a housing unit or residential building lot or parcel to be designated for sale to a particular class or group of purchasers.
(5) Sections 2 to 9 of this 2016 Act do not constitute a statutory contract. A pilot project site selected under section 4 of this 2016 Act and affordable housing developed on a selected pilot project site remain subject to new or additional regulatory requirements authorized by law, statewide land use planning goals and land use regulations implementing the goals.
(6) As used in this section, “lot” and “parcel” have the meanings given those terms in ORS 92.010. [2016 c.52 §8]
Sec. 9. Reporting requirement. The Land Conservation and Development Commission shall report on the progress of the pilot program, in the manner provided in ORS 192.245, to the committees of the Legislative Assembly related to housing and human services:
(1) At least once during each of three consecutive regular sessions of the Legislative Assembly, beginning with the 2017 regular session of the Legislative Assembly; and
(2) At least once following adjournment sine die of the regular sessions of the Legislative Assembly described in subsection (1) of this section, but no later than the convening of the next regular session of the Legislative Assembly. [2016 c.52 §9]
Note: Section 2, chapter 112, Oregon Laws 2021, provides:
Sec. 2. (1) Sections 2, 3, 5, 6, 7, 8 and 9, chapter 52, Oregon Laws 2016, are repealed on January 2, 2028.
(2) Section 4, chapter 52, Oregon Laws 2016, as amended by section 1, chapter 32, Oregon Laws 2019, section 1, chapter 112, Oregon Laws 2021, and section 1 of this 2023 Act, is repealed on January 2, 2028. [2021 c.112 §2; 2023 c.221 §2]
(Temporary provisions relating to Stevens Road tract in City of Bend)
Note: Sections 1 to 10, chapter 552, Oregon Laws 2021, provide:
Sec. 1. Sections 2 to 9 of this 2021 Act are added to and made a part of ORS chapter 197 [series became ORS chapters 197 and 197A]. [2021 c.552 §1]
Sec. 2. Definitions. As used in sections 2 to 9 of this 2021 Act:
(1) “City” means the City of Bend.
(2) “Council” has the meaning given that term in ORS 227.010.
(3) “Planning commission” means a planning commission described in ORS 227.090.
(4) “Stevens Road planning amendments” means amendments to the city’s comprehensive plans, land use regulations or zoning maps that affect the development of the Stevens Road tract.
(5) “Stevens Road tract” means land that:
(a) Is located in tax lot 100 of section 11, township 18 south, range 12 east of the Willamette Meridian in Deschutes County;
(b) Was conveyed to the Department of State Lands through a lot line adjustment bargain and sale deed recorded on October 17, 2019, in the deed records of Deschutes County under recorder number 2019-39926; and
(c) Consists of 261.66 acres, more or less. [2021 c.552 §2]
Sec. 3. Stevens Road planning generally. (1) Actions taken under sections 2 to 9 of this 2021 Act:
(a) Are not land use decisions, as defined in ORS 197.015.
(b) If taken by the city, are not subject to any review except by the Department of Land Conservation and Development under sections 2 to 9 of this 2021 Act.
(c) If taken by the department, are not considered rulemaking and are not subject to ORS 183.325 to 183.410 or 183.710 to 183.730 and, notwithstanding ORS 183.484 or 183.485, are appealable directly to the Court of Appeals.
(d) If taken under an exercise of discretion authorized under sections 2 to 9 of this 2021 Act, are a final action, are entitled to deference and are not subject to an evidentiary review on appeal notwithstanding ORS 34.040 (1)(c), 183.482 (8)(c) or 183.484 (5)(c).
(2) If the department approves Stevens Road planning amendments under sections 7 to 9 of this 2021 Act:
(a) Any subsequent land use decision within the Stevens Road tract is a land use decision subject to the ordinary procedures and requirements of ORS chapters 197 [series became ORS chapters 197 and 197A] and 227, statewide land use planning goals, rules adopted by the Land Conservation and Development Commission or the department, the city’s comprehensive plan and land use regulations and the requirements set forth in section 9 (1) of this 2021 Act.
(b) Violations of sections 2 to 9 of this 2021 Act may be the basis for the initiation of enforcement action under ORS 197.319 to 197.335. [2021 c.552 §3]
Sec. 4. Confirmation of intent. The Department of Land Conservation and Development may not approve an urban growth boundary amendment or Stevens Road planning amendments under sections 6 to 9 of this 2021 Act unless, on or before December 31, 2022:
(1) The city has submitted a letter to the department expressing the city’s nonbinding intent to consider a conceptual plan under section 5 of this 2021 Act; and
(2) The owner of the Stevens Road tract has:
(a) Submitted a letter to the department giving its consent to the city’s pursuit of the urban growth boundary expansion and planning amendments under sections 6 to 9 of this 2021 Act; and
(b) Established an agreement with the city that:
(A) Is binding on the successors of the owners;
(B) Is contingent upon the final approval of the planning amendments; and
(C) Establishes the essential terms, including the price per acre, but not requiring that specific lands be designated, for the department’s conveyances to the city of real property consistent with section 9 (2) and (3) of this 2021 Act. [2021 c.552 §4]
Sec. 5. Conceptual plan approval. (1) As used in this section, “conceptual plan” means an ordinance or resolution adopted by the city’s council that:
(a) Explains in general terms the expected Stevens Road planning amendments, including intended uses and zoning of the Stevens Road tract; and
(b) Explains the factual basis and reasons for the expected Stevens Road planning amendments.
(2) At least 14 days before each opportunity for public participation under subsection (3) of this section, the city must provide published notice of the opportunity.
(3) Before consideration of a conceptual plan, the city must provide opportunities for public participation, including at least:
(a) A public open house;
(b) A meeting of the city’s planning commission where public testimony is considered;
(c) A meeting of the city’s council where public testimony is considered; and
(d) A public comment period.
(4) Before consideration of a conceptual plan, the city must consult with, and provide the opportunity for written comment from, the owner of the Stevens Road tract and the Department of Land Conservation and Development.
(5) The city may not submit an approved conceptual plan to the department after July 1, 2022.
(6) The department may approve the conceptual plan if:
(a) The department has received the letters described in section 4 of this 2021 Act; and
(b) In the department’s discretion, considering the conceptual plan along with any supporting documentation and relevant public comment, the proposed development of the Stevens Road tract would be capable of meeting the requirements of sections 7 to 9 of this 2021 Act.
(7) The department may not approve an urban growth boundary expansion or Stevens Road planning amendments under sections 6 to 9 of this 2021 Act unless the department has approved the city’s conceptual plan under this section.
(8) No later than 90 days after receiving a conceptual plan, the department shall approve or remand the conceptual plan by written notice delivered to the city.
(9) No later than 90 days after receiving a notice of remand, the city may approve and submit an amended conceptual plan to the department for review under this section. [2021 c.552 §5]
Sec. 6. Stevens Road urban growth boundary expansion. (1) Notwithstanding ORS 197.286 to 197.314 [series became ORS chapter 197A], 197.626 or 197A.320 [renumbered 197A.285] or any statewide land use planning goal related to housing or urbanization, the Department of Land Conservation and Development shall approve an expansion of the urban growth boundary submitted by the city and approved by the city by ordinance, if the department determines that:
(a) The department has received the letters required by section 4, chapter 552, Oregon Laws 2021;
(b) The department has approved the city’s conceptual plan under section 5, chapter 552, Oregon Laws 2021; and
(c) The proposed urban growth boundary expansion adds all of the Stevens Road tract and no other lands to the area within the city’s urban growth boundary.
(2) The city shall include the lands brought within the city’s urban growth boundary under this section in the city’s inventory of buildable lands under section 22 of this 2023 Act [197A.270]. [2021 c.552 §6; 2023 c.13 §103]
Sec. 7. Department approval of Stevens Road proposed planning amendments. (1) Notwithstanding ORS 197.612, the Department of Land Conservation and Development shall approve Stevens Road planning amendments submitted by the city if:
(a) The department has received the letters required by section 4 of this 2021 Act;
(b) The department has approved the city’s conceptual plan under section 5 of this 2021 Act;
(c) The department has approved an expansion of the city’s urban growth boundary under section 6 of this 2021 Act;
(d) The proposed Stevens Road planning amendments were approved by the city through an ordinance adopted and submitted to the department under section 8 of this 2021 Act;
(e) The proposed Stevens Road planning amendments comply with the requirements and standards in section 9 of this 2021 Act; and
(f) The Stevens Road planning amendments are submitted on or before January 1, 2025.
(2) The Stevens Road planning amendments submitted under sections 7 to 9 of this 2021 Act are not operable until they are approved by the department.
(3) The department may consider public comments and testimony before considering approval of the Stevens Road planning amendments.
(4) The department shall approve, remand or remand in part the Stevens Road planning amendments within 180 days. Notwithstanding subsection (1)(f) of this section, within 180 days of a remand, the city may resubmit Stevens Road planning amendments for approval under sections 7 to 9 of this 2021 Act. [2021 c.552 §7]
Sec. 8. City procedural requirements to approve Stevens Road planning amendments. (1) Stevens Road planning amendments may be approved only by an ordinance adopted by the city’s council under this section.
(2) At least 20 days before each opportunity for public participation under subsection (3) of this section, the city must provide broad public notice of the opportunity, including notice through the city’s newsletter, online social media, website and electronic mail lists and any other form of public notice commonly used by the city for land use matters.
(3) Before consideration of an ordinance under this section, the city must provide opportunities for public participation, including at least:
(a) A public open house;
(b) A meeting of the city’s planning commission where public testimony is considered;
(c) A meeting of the city’s council where public testimony is considered;
(d) A public comment period; and
(e) Any other opportunity for public participation required by city ordinance or regulation before adoption of amendments to a comprehensive plan or enactment of land use regulations.
(4) At least seven days before consideration of an ordinance under this section, the city’s council must receive written recommendations from the city’s planning commission on the Stevens Road planning amendments.
(5) Before consideration of an ordinance under this section, the city must consult with, and provide opportunity for written comment from:
(a) Any owner of the Stevens Road tract;
(b) The Department of Land Conservation and Development;
(c) Deschutes County;
(d) The Bend Park and Recreation District; and
(e) Any other local government or special district with jurisdiction over the Stevens Road tract or whose service is likely to be impacted by development of the Stevens Road tract.
(6) Within 10 days after adoption of an ordinance under this section, the city shall submit a copy of the ordinance and any supporting information to the department. [2021 c.552 §8]
Sec. 9. Standards in lieu of goals. (1) Notwithstanding ORS 197.250 or 197.612 or any statewide land use planning goal, the Department of Land Conservation and Development shall approve Stevens Road planning amendments provided the department determines, in its discretion, that the Stevens Road planning amendments, with respect to the Stevens Road tract, include:
(a) An inventory of significant historical artifacts, cultural sites and natural resources.
(b) Areas designated for recreational and open space.
(c) Land use regulations for the protection and preservation of significant resources and designated areas identified in paragraphs (a) and (b) of this subsection.
(d) Land use regulations that comply with applicable wildfire planning and development requirements, including requirements in regulations adopted to implement a statewide planning goal relating to natural disasters and hazards.
(e) Areas designated for adequate employment lands that account for the city’s most recent economic opportunity analysis, including consideration of subsequent economic development activities and trends.
(f) Within areas zoned for residential purposes, without counting the lands designated under subsection (2) of this section, land use regulations for housing that:
(A) Ensure adequate opportunities for the development of all needed housing types, sizes and densities of market-rate housing, including middle housing as defined in ORS 197A.420;
(B) Exceed the proportions of single-unit attached and multiunit housing called for in the city’s most recently adopted housing needs analysis under ORS 197.296 (3) (2021 Edition);
(C) Exceed a minimum density standard of nine residential units per gross residential acre; and
(D) On the date the Stevens Road planning amendments are approved, comply with land use regulations adopted by the city, or any minimum applicable rules adopted by the department, to implement ORS 197A.420 and the amendments to ORS 197A.425 by section 7, chapter 639, Oregon Laws 2019.
(g) Sufficient areas designated for mixed use development to support and integrate viable commercial and residential uses along with transportation options, including walking, bicycling and transit use.
(h) Land use regulations ensuring that:
(A) Adequate capacity is available, or feasible with development, for water, sewer and storm water services; and
(B) Adequate consideration is given to the financing, scheduling and development of urban services, as defined in ORS 195.065.
(i) Land use regulations for transportation that:
(A) Ensure the development of adequate infrastructure to support walking, bicycling, public transit and motor vehicle movement; and
(B) Give adequate consideration to transportation networks that connect the Stevens Road tract to other areas within the urban growth boundary of the city.
(j) The adequate consideration of the recommendations and comments received under section 8 (3) to (5), chapter 552, Oregon Laws 2021.
(2) The department may not approve the planning amendments under subsection (1) of this section unless the planning amendments designate at least 20 net acres of land to be:
(a) Restricted so the area may be zoned, planned, sited or developed only for residential housing units at a minimum density of nine residential units per gross acre;
(b) Conveyed to the city at a price per acre established under section 4 (2)(b), chapter 552, Oregon Laws 2021; and
(c) Notwithstanding ORS 91.225 or 197A.465, preserved for a period of no less than 50 years as affordable to own or rent as follows:
(A) At least 12 net acres made affordable to:
(i) Households with incomes of 60 percent or less of the area median income, as defined in ORS 456.270; or
(ii) If part of an income-averaging program approved by the Housing and Community Services Department, households whose incomes average 60 percent or less of the area median income.
(B) At least six net acres:
(i) Made affordable to households with incomes of 80 percent or less of the area median income; and
(ii) Made available, to the extent permitted by law, in a manner that gives a priority to households in which at least one individual is employed by an education provider over other members of the public.
(C) At least two net acres in which at least 80 percent of the units in each contiguous development tract are made affordable to households with 80 percent or less of the area median income, of which at least one net acre is made available, to the extent permitted by law, in a manner that gives a priority to households in which at least one individual is employed by an education provider over other members of the public.
(3) Upon a partition or subdivision of the Stevens Road tract following the approval of the planning amendments under subsection (1) of this section establishing one or more lots or parcels described in subsection (2) of this section, the owner shall transfer those lots or parcels to the city. For a period of 99 years after the purchase of property under this section, if the city resells any lot or parcel, the city may recover only the city’s costs of the purchase and resale of the property.
(4) Neither the city nor the Department of Land Conservation and Development is obligated to adopt any specific findings or evaluate any specific criteria in exercising its discretion with respect to any Stevens Road planning amendments under this section and may receive, solicit or consider information from any source.
(5) As used in this section, “education provider” means a school district as defined in ORS 332.002, an educational program under the Youth Corrections Education Program or Juvenile Detention Education Program as both are defined in ORS 326.695, or an education service district as defined in ORS 334.003. [2021 c.552 §9; 2023 c.13 §104; 2025 c.38 §46]
Sec. 10. Sections 2 to 9 of this 2021 Act are repealed on January 2, 2030. [2021 c.552 §10]
(Temporary provisions relating to one-time additions to urban growth boundaries)
Note: Sections 48 to 59 and 60 (1) and (2), chapter 110, Oregon Laws 2024, provide:
Sec. 48. Sections 49 to 59 of this 2024 Act are added to and made a part of ORS chapter 197A. [2024 c.110 §48]
Sec. 49. Definitions. As used in sections 49 to 59, chapter 110, Oregon Laws 2024:
(1) “Net residential acre” means an acre of residentially designated buildable land, not including rights of way for streets, roads or utilities or areas not designated for development due to natural resource protections or environmental constraints.
(2) “Site” means a lot or parcel or any combination of lots and parcels that are contiguous or separated from one another by a street or road with or without common ownership. [2024 c.110 §49; 2025 c.530 §4]
Sec. 50. City addition of sites outside of Metro. (1) Notwithstanding any other provision of ORS chapter 197A, a city outside of Metro may add a site to the city’s urban growth boundary under sections 49 to 59 of this 2024 Act, if:
(a) The site is adjacent to the existing urban growth boundary of the city or is separated from the existing urban growth boundary by only a street or road;
(b) The site is:
(A) Designated as an urban reserve under ORS 197A.230 to 197A.250, including a site whose designation is adopted under ORS 197.652 to 197.658;
(B) Designated as nonresource land; or
(C) Subject to an acknowledged exception to a statewide land use planning goal relating to farmland or forestland;
(c) The city has not previously adopted an urban growth boundary amendment or exchange under sections 49 to 59 of this 2024 Act;
(d) The city has demonstrated a need for the addition under section 52 of this 2024 Act;
(e) The city has requested and received an application as required under sections 53 and 54 of this 2024 Act;
(f) The total acreage of the site:
(A) For a city with a population of 25,000 or greater, does not exceed 100 net residential acres; or
(B) For a city with a population of less than 25,000, does not exceed 50 net residential acres; and
(g)(A) The city has adopted a binding conceptual plan for the site that satisfies the requirements of section 55 of this 2024 Act; or
(B) The added site does not exceed 15 net residential acres and satisfies the requirements of section 56 of this 2024 Act.
(2) A county shall approve an amendment to an urban growth boundary made under this section that complies with sections 49 to 59 of this 2024 Act and shall cooperate with a city to facilitate the coordination of functions under ORS 195.020 to facilitate the city’s annexation and the development of the site. The county’s decision is not a land use decision.
(3) Notwithstanding ORS 197.626, an action by a local government under sections 49 to 59 of this 2024 Act is not a land use decision as defined in ORS 197.015. [2024 c.110 §50]
Sec. 51. Petition for additions of sites to Metro urban growth boundary. (1) A city within Metro may petition Metro to add a site within the Metro urban growth boundary if the site:
(a) Satisfies the requirements of section 50 (1) of this 2024 Act; and
(b) Is designated as an urban reserve.
(2)(a) Within 120 days of receiving a petition under this section, Metro shall determine whether the site would substantially comply with the applicable provisions of sections 49 to 59 of this 2024 Act.
(b) If Metro determines that a petition does not substantially comply, Metro shall:
(A) Notify the city of deficiencies in the petition, specifying sufficient detail to allow the city to remedy any deficiency in a subsequent resubmittal; and
(B) Allow the city to amend its conceptual plan and resubmit it as a petition to Metro under this section.
(c) If Metro determines that a petition does comply, notwithstanding any other provision of ORS chapter 197A, Metro shall adopt amendments to its urban growth boundary to include the site in the petition, unless the amendment would result in more than 300 total net residential acres added under this subsection.
(3) If the net residential acres included in petitions that Metro determines are in compliance on or before July 1, 2025, total less than 300 net residential acres, Metro shall adopt amendments to its urban growth boundary under subsection (2)(c) of this section:
(a) On or before November 1, 2025, for all petitions deemed compliant on or before July 1, 2025; or
(b) Within 120 days after a petition is deemed compliant after July 1, 2025, in the order in which the petitions are received.
(4) If the net residential acres included in petitions that Metro determines are in compliance on or before July 1, 2025, total 300 or more net residential acres, on or before January 1, 2027, Metro shall adopt amendments to its urban growth boundary under subsection (2)(c) of this section to include the sites in those petitions that Metro determines will:
(a) Best comply with the provisions of section 55 of this 2024 Act; and
(b) Maximize the development of needed housing.
(5) Metro may not conduct a hearing to review or select petitions or adopt amendments to its urban growth boundary under this section. [2024 c.110 §51]
Sec. 52. City demonstration of need. A city may not add, or petition to add, a site under sections 49 to 59, chapter 110, Oregon Laws 2024, unless:
(1) The city has demonstrated a need for additional land based on the following factors:
(a)(A) In the previous 20 years there have been no urban growth boundary expansions for residential use adopted by a city or by Metro in a location adjacent to the city; and
(B) The city does not have within the existing urban growth boundary a tract that:
(i) Is larger than 20 net residential acres;
(ii) Is undeveloped; and
(iii) Consists of one or more lots or parcels with or without common ownership and that abut each other or are separated by only a street or a road; or
(b) Within urban growth boundary expansion areas for residential use adopted by the city over the previous 20 years, or by Metro in locations adjacent to the city, 75 percent of the lands either:
(A) Are developed; or
(B) Have an acknowledged comprehensive plan with land use designations in preparation for annexation and have a public facilities plan and associated financing plan.
(2) The city has demonstrated a need for affordable housing, based on:
(a) Having a greater percentage of severely cost-burdened households than the average for this state based on the Comprehensive Housing Affordability Strategy data from the United States Department of Housing and Urban Development; or
(b) At least 25 percent of the renter households in the city being severely rent burdened as indicated under the most recent housing equity indicator data under ORS 456.602 (2)(g).
(3) The evaluation of the demonstrations required under this section and the evaluation of criteria in an application under sections 49 to 59, chapter 110, Oregon Laws 2024, must be based on the evidence, data and factors as of the time a public notice is issued under section 53 (1), chapter 110, Oregon Laws 2024. [2024 c.110 §52; 2025 c.530 §5]
Sec. 53. City solicitation of site applications. (1) Before a city may select a site for inclusion within the city’s or Metro’s urban growth boundary under sections 49 to 59 of this 2024 Act, a city must provide public notice that includes:
(a) The city’s intention to select a site for inclusion within the city’s urban growth boundary.
(b) Each basis under which the city has determined that it qualifies to include a site under section 52 of this 2024 Act.
(c) A deadline for submission of applications under this section that is at least 45 days following the date of the notice.
(d) A description of the information, form and format required of an application, including the requirements of section 55 (2) of this 2024 Act.
(2) A copy of the notice of intent under this section must be provided to:
(a) Each county in which the city resides;
(b) Each special district providing urban services within the city’s urban growth boundary;
(c) The Department of Land Conservation and Development; and
(d) Metro, if the city is within Metro. [2024 c.110 §53]
Sec. 54. City review of site applications. (1) After the deadline for submission of applications established under section 55 of this 2024 Act, the city shall:
(a) Review applications filed for compliance with sections 49 to 59 of this 2024 Act.
(b) For each completed application that complies with sections 49 to 59 of this 2024 Act, provide notice to the residents of the proposed site area who were not signatories to the application.
(c) Provide opportunities for public participation in selecting a site, including, at least:
(A) One public comment period;
(B)(i) One meeting of the city’s planning commission at which public testimony is considered;
(ii) One meeting of the city’s council at which public testimony is considered; or
(iii) One public open house; and
(C) Notice on the city’s website or published in a paper of record at least 14 days before:
(i) A meeting under subparagraph (B) of this paragraph; and
(ii) The beginning of a comment period under subparagraph (A) of this paragraph.
(d) Consult with, request necessary information from and provide the opportunity for written comment from:
(A) The owners of each lot or parcel within the site;
(B) If the city does not currently exercise land use jurisdiction over the entire site, the governing body of each county with land use jurisdiction over the site;
(C) Any special district that provides urban services to the site; and
(D) Any public or private utility that provides utilities to the site.
(2) An application filed under this section must:
(a) Be completed for each property owner or group of property owners that are proposing an urban growth boundary amendment under sections 49 to 59 of this 2024 Act;
(b) Be in writing in a form and format as required by the city;
(c) Specify the lots or parcels that are the subject of the application;
(d) Be signed by all owners of lots or parcels included within the application; and
(e) Include each owner’s signed consent to annexation of the properties if the site is added to the urban growth boundary.
(3) If the city has received approval from all property owners of such lands, in writing in a form and format specified by the city, the governing body of the city may select an application and the city shall adopt a conceptual plan as described in section 55 of this 2024 Act for all or a portion of the lands contained within the application.
(4) A conceptual plan adopted under subsection (3) of this section must include findings identifying reasons for inclusion of lands within the conceptual plan and reasons why lands, if any, submitted as part of an application that was partially approved were not included within the conceptual plan. [2024 c.110 §54]
Sec. 55. Conceptual plan for added sites. (1) As used in this section:
(a) “Affordable units” means residential units described in subsection (3)(f)(A) or (4) of this section.
(b) “Market rate units” means residential units other than affordable units.
(2) Before adopting an urban growth boundary amendment under section 50, chapter 110, Oregon Laws 2024, or petitioning Metro under section 51, chapter 110, Oregon Laws 2024, for a site larger than 15 net residential acres, a city shall adopt a binding conceptual plan as an amendment to its comprehensive plan.
(3) The conceptual plan must:
(a) Establish the total net residential acres within the site and must require for those residential areas:
(A) A diversity of housing types and sizes, including middle housing, accessible housing and other needed housing;
(B) That the development will be on lands zoned for residential or mixed-use residential uses; and
(C) The development will be built at net residential densities not less than:
(i) Seventeen dwelling units per net residential acre if sited within the Metro urban growth boundary;
(ii) Ten units per net residential acre if sited in a city with a population of 30,000 or greater;
(iii) Six units per net residential acre if sited in a city with a population of 2,500 or greater and less than 30,000; or
(iv) Five units per net residential acre if sited in a city with a population less than 2,500;
(b) Designate within the site:
(A) Recreation and open space lands; and
(B) Lands for commercial uses, either separate or as a mixed use, that:
(i) Primarily serve the immediate surrounding housing;
(ii) Provide goods and services at a smaller scale than provided on typical lands zoned for commercial use; and
(iii) Are provided at the minimum amount necessary to support and integrate viable commercial and residential uses;
(c) If the city has a population of 5,000 or greater, include a transportation network for the site that provides diverse transportation options, including walking, bicycling and transit use if public transit services are available, as well as sufficient connectivity to existing and planned transportation network facilities as shown in the local government’s transportation system plan as defined in Land Conservation and Development Commission rules;
(d) Demonstrate that protective measures will be applied to the site consistent with the statewide land use planning goals for:
(A) Open spaces, scenic and historic areas or natural resources;
(B) Air, water and land resources quality;
(C) Areas subject to natural hazards;
(D) The Willamette River Greenway;
(E) Estuarine resources;
(F) Coast shorelands; or
(G) Beaches and dunes;
(e) Include assurances that the site will be served with all necessary urban services as defined in ORS 195.065, including through:
(A) Agreements among the city, each owner within the site and any other necessary public or private utility provider, local government or district, as defined in ORS 195.060, or combination of local governments and districts;
(B) Letters from utility providers showing a capacity and willingness to provide services; or
(C) Equivalent assurances; and
(f) Include requirements that ensure that:
(A) At least 30 percent of the residential units are subject to affordability restrictions, including but not limited to affordable housing covenants, as described in ORS 456.270 to 456.295, that require for a period of not less than 60 years that the units be:
(i) Available for rent, with or without government assistance, by households with an income of 80 percent or less of the area median income as defined in ORS 456.270; or
(ii) Available for purchase, with or without government assistance, by households with an income of 130 percent or less of the area median income;
(B) The construction of all affordable units has commenced before the city issues certificates of occupancy to the last 15 percent of market rate units;
(C) All common areas and amenities are equally available to residents of affordable units and of market rate units and properties designated for affordable units are dispersed throughout the site; and
(D) The requirement for affordable housing units is recorded before the building permits are issued for any property within the site, and the requirements contain financial penalties for noncompliance.
(4) A city may require greater affordability requirements for residential units than are required under subsection (3)(f)(A) of this section, provided that the city significantly and proportionally offsets development costs related to:
(a) Permits or fees;
(b) System development charges;
(c) Property taxes; or
(d) Land acquisition and predevelopment costs. [2024 c.110 §55; 2025 c.530 §6]
Sec. 56. Alternative for small additions. (1) A city that intends to add 15 net residential acres or less is not required to adopt a conceptual plan under section 55 of this 2024 Act if the city has entered into:
(a) Enforceable and recordable agreements with each landowner of a property within the site to ensure that the site will comply with the affordability requirements described in section 55 (3)(f) of this 2024 Act; and
(b) A binding agreement with each owner within the site and any other necessary public or private utility provider, local government or district, as defined in ORS 195.060, or combination of local governments and districts to ensure that the site will be served with all necessary urban services as defined in ORS 195.065.
(2) This section does not apply to a city within Metro. [2024 c.110 §56]
Sec. 57. Department approval of site additions. (1) Within 21 days after the adoption of an amendment to an urban growth boundary or the adoption or amendment of a conceptual plan under sections 49 to 59, chapter 110, Oregon Laws 2024, and the approval by a county if required under section 50 (2), chapter 110, Oregon Laws 2024, the conceptual plan or amendment must be submitted to the Department of Land Conservation and Development for review. The submission must be made by:
(a) The city, for an amendment under section 50 or 58, chapter 110, Oregon Laws 2024, or section 2 of this 2025 Act; or
(b) Metro, for an amendment under section 51 or 58, chapter 110, Oregon Laws 2024.
(2) Within 60 days after receiving a submittal under subsection (1) of this section, the department shall:
(a) Review the submittal for compliance with the provisions of sections 49 to 59, chapter 110, Oregon Laws 2024.
(b)(A) If the submittal substantially complies with the provisions of sections 49 to 59, chapter 110, Oregon Laws 2024, issue an order approving the submittal; or
(B) If the submittal does not substantially comply with the provisions of sections 49 to 59, chapter 110, Oregon Laws 2024, issue an order remanding the submittal to the city or to Metro with a specific determination of deficiencies in the submittal and with sufficient detail to identify a specific remedy for any deficiency in a subsequent resubmittal.
(3) If a conceptual plan is remanded to Metro under subsection (2)(b) of this section:
(a) The department shall notify the city; and
(b) The city may amend its conceptual plan and resubmit a petition to Metro under section 51, chapter 110, Oregon Laws 2024.
(4) Judicial review of the department’s order:
(a) Must be as a review of orders other than a contested case under ORS 183.484; and
(b) May be initiated only by the city or an owner of a proposed site that was submitted to the department.
(5) Following the approval of a submittal under this section, a local government must include the added lands in any future inventory of buildable lands or determination of housing capacity under ORS 197A.270, 197A.280, 197A.335 or 197A.350. [2024 c.110 §57; 2025 c.341 §3; 2025 c.530 §7]
Sec. 58. Alternative urban growth boundary land exchange. (1) In lieu of amending its urban growth boundary under any other process provided by sections 49 to 59, chapter 110, Oregon Laws 2024, Metro or a city outside of Metro may amend its urban growth boundary to add one or more sites that satisfy the requirements of section 50 (1)(a) to (c), chapter 110, Oregon Laws 2024, to the urban growth boundary and to remove one or more tracts of land from the urban growth boundary as provided in this section. For Metro, a site added under this section must be designated as an urban reserve.
(2) The acreage of the added site and removed lands must be roughly equivalent.
(3) The removed lands must have been zoned for residential uses.
(4) The added site must be zoned for residential uses at the same or greater density than the removed lands.
(5)(a) Except as provided in paragraph (b) of this subsection, land may be removed from an urban growth boundary under this section without landowner consent.
(b) A landowner may not appeal the removal of the landowner’s land from an urban growth boundary under this section unless the landowner agrees to enter into a recorded agreement with Metro or the city in which the landowner would consent to annexation and development of the land within 20 years if the land remains in the urban growth boundary.
(6) Review of an exchange of lands made under this section may only be made by:
(a) For cities outside of Metro, the county as provided in section 50 (2), chapter 110, Oregon Laws 2024, and by the Department of Land Conservation and Development, subject to judicial review, as provided in section 57, chapter 110, Oregon Laws 2024; or
(b) For Metro, the Department of Land Conservation and Development, subject to judicial review, as provided in section 57, chapter 110, Oregon Laws 2024.
(7) Sections 50 (1)(d) to (g), 52, 53, 54, 55 and 56, chapter 110, Oregon Laws 2024, do not apply to a site addition made under this section. [2024 c.110 §58; 2025 c.530 §8]
Sec. 59. Reporting on added sites. A city for which an amendment was made to an urban growth boundary and approved under sections 49 to 59 of this 2024 Act shall submit a report describing the status of development within the included area to the Department of Land Conservation and Development every two years until:
(1) January 2, 2033; or
(2) The city determines that development consistent with the acknowledged conceptual plan is deemed complete. [2024 c.110 §59]
Sec. 60. (1) Sections 49 to 56, 58 and 59, chapter 110, Oregon Laws 2024, are repealed on January 2, 2033.
(2) Section 57, chapter 110, Oregon Laws 2024, as amended by section 3 of this 2025 Act, is repealed on January 2, 2033. [2024 c.110 §60; 2025 c.341 §4(1),(2)]
Note: Sections 1 and 2, chapter 341, Oregon Laws 2025, and section 60 (3), chapter 110, Oregon Laws 2024, provide:
Sec. 1. Section 2 of this 2025 Act is added to and made a part of sections 49 to 59, chapter 110, Oregon Laws 2024. [2025 c.341 §1]
Sec. 2. City of Monmouth urban growth boundary land swap. (1) In lieu of amending its urban growth boundary under any other process provided by sections 49 to 59, chapter 110, Oregon Laws 2024, the City of Monmouth may amend its urban growth boundary to add one or more sites to the urban growth boundary and to remove one or more tracts of land from the urban growth boundary as provided in this section.
(2) The area to be removed under this section:
(a) May not exceed 90 acres;
(b) Must have more than one-quarter of its acreage within an area mapped as flood hazard or wetland;
(c) May not have been annexed by the city;
(d) Must be designated for residential use on the city’s comprehensive plan map; and
(e) May not be currently served by city sewer service.
(3) The site to be added under this section:
(a) May not exceed 75 net residential acres;
(b) Must be contiguous to the boundary of the city and the city’s existing urban growth boundary;
(c) May not have more than 25 percent of its acreage within an area mapped as a flood hazard or wetland;
(d) Must be able to connect to nearby water and sewer services; and
(e) Must be owned by owners that have consented to having the site:
(A) Added to the urban growth boundary; and
(B) Annexed by the city.
(4) Land may be removed from an urban growth boundary under this section without landowner consent. ORS 195.305 to 195.336 do not apply to the removal of land from the urban growth boundary under this section.
(5) Review of an exchange of lands made under this section may only be made by the county as provided in section 50 (2), chapter 110, Oregon Laws 2024, and by the Department of Land Conservation and Development, subject to judicial review, as provided in section 57, chapter 110, Oregon Laws 2024.
(6)(a) Sections 52, 53, 54, 55 and 56, chapter 110, Oregon Laws 2024, do not apply to a site addition made under this section.
(b) A site addition made under this section is not required to meet the conditions listed in section 50 (1)(a) to (g), chapter 110, Oregon Laws 2024. [2025 c.341 §2]
Sec. 60. (3) Section 2 of this 2025 Act is repealed on January 2, 2033. [2024 c.110 §60; 2025 c.341 §4(3)]