Chapter 195 — Chapter 195
67 sections in this chapter.
ORS 195.020 Special district planning responsibilities; agreements with local governments and metropolitan service district. (1) Special districts shall exercise their planning duties, powers and responsibilities and take actions that are authorized by law with respect to programs affecting land use, including a city or special district boundary change as defined in ORS 197.175 (1), in accordance with goals approved pursuant to ORS chapters 195, 196, 197 and 197A
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(2) A county assigned coordinative functions under ORS 195.025 (1), or the metropolitan service district, which is assigned coordinative functions for Multnomah, Washington and Clackamas counties by ORS 195.025 (1), shall enter into a cooperative agreement with each special distr…
ORS 195.025 Regional coordination of planning activities; alternatives. (1) In addition to the responsibilities stated in ORS 197.175, each county, through its governing body, shall be responsible for coordinating all planning activities affecting land uses within the county, including planning activities of the county, cities, special districts and state agencies, to assure an integrated comprehensive plan for the entire area of the county. In addition to being subject to the provisions of ORS chapters 195, 196, 197 and 197A with respect to city or special district boundary changes, as defined by ORS 197.175 (1), the governing body of the metropolitan service district shall be considered the county review, advisory and coordinative body for Multnomah, Clackamas and Washington Counties for the areas within that district
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(2) For the purposes of carrying out ORS chapters 195, 196, 197 and 197A, counties may voluntarily join together with adjacent counties as authorized in ORS 190.003 to 190.620. (3) Whenever counties and cities representing 51 percent of the population in their area petition the L…
ORS 195.033 Area population forecasts; rules. (1) As used in this section, “affected local government” means
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(a) A city or county for which the Portland State University Population Research Center is preparing a population forecast; (b) A county that contains all or part of a city or an urban growth boundary for which the center is preparing a population forecast; and (c) A local servic…
ORS 195.034 [2007 c.689 §1; repealed by 2013 c.574 §7]
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[Repealed or reserved.]
ORS 195.035 [Formerly 197.255; repealed by 1995 c.547 §6 (195.036 enacted in lieu of 195.035)]
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[Repealed or reserved.]
ORS 195.036 Metro area population forecast; coordination. Metro, in coordination with local governments within its boundary, shall issue a population forecast for the entire area within its boundary to be applied by Metro and local governments within the boundary of Metro as a basis for changes to comprehensive plans and land use regulations. The forecasted population data must be segmented by race, ethnicity and disability status. [1995 c.547 §7 (enacted in lieu of 195.035); 2013 c.574 §4; 2023 c.13 §41]
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[Repealed or reserved.]
ORS 195.040 Annual county reports on comprehensive planning compliance. Upon the expiration of one year after the date of the approval of the goals and guidelines and annually thereafter, each county governing body, upon request of the Land Conservation and Development Commission, shall report to the commission on the status of comprehensive plans within each county. Each report shall include
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(1) Copies of comprehensive plans reviewed by the county governing body and copies of land use regulations applied to areas of critical state concern within the county. (2) For those areas or jurisdictions within the county without comprehensive plans, a statement and review of t…
ORS 195.060 Definition of “district.” As used in ORS 195.020 and 195.065 to 195.085, unless the context requires otherwise, “district” or “special district” has the meaning given the term “district” in ORS 198.010 and also includes a county service district organized under ORS chapter 451. [1993 c.804 §12; 2023 c.13 §73]
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[Repealed or reserved.]
ORS 195.065 Agreements required; contents; county responsibilities. (1) Under ORS 190.003 to 190.130, units of local government and special districts that provide an urban service to an area within an urban growth boundary that has a population greater than 2,500 persons, and that are identified as appropriate parties by a cooperative agreement under ORS 195.020, shall enter into urban service agreements that
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(a) Specify whether the urban service will be provided in the future by a city, county, district, authority or a combination of one or more cities, counties, districts or authorities. (b) Set forth the functional role of each service provider in the future provision of the urban …
ORS 195.070 Agreement factors. (1) The following factors shall be considered in establishing urban service agreements under ORS 195.065
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(a) Financial, operational and managerial capacity to provide the service; (b) The effect on the cost of the urban service to the users of the service, the quality and quantity of the service provided and the ability of urban service users to identify and contact service provider…
ORS 195.075 Agreement provisions and considerations. (1) Urban service agreements entered into under ORS 195.065 shall provide for the continuation of an adequate level of urban services to the entire area that each provider serves. If an urban service agreement calls for significant reductions in the territory of a special service district, the urban service agreement shall specify how the remaining portion of the district is to receive services in an affordable manner
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(2) Units of local government and special districts that enter into an urban service agreement shall consider the agreement’s effect on the financial integrity and operational ability of each service provider and its protection of the solvency and commitments of affected service …
ORS 195.080 Application of comprehensive plans and land use regulations. Nothing in ORS 195.020, 195.060 to 195.085, 195.205 to 195.235, 197.005, 197.319, 197.320, 197.335 and 223.304 shall be construed to prevent planning for, installation of or connection to public facilities or services consistent with acknowledged comprehensive plans and land use regulations. [1993 c.804 §6]
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[Repealed or reserved.]
ORS 195.085 Compliance deadlines. (1) Local governments and special districts shall demonstrate compliance with ORS 195.020 and 195.065
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(2) The Land Conservation and Development Commission may adjust the deadline for compliance under this section when cities and counties that are parties to an agreement under ORS 195.020 and 195.065 are scheduled for periodic review at different times. (3) Local governments and s…
ORS 195.110 School facility plan for large school districts. (1) As used in this section, “large school district” means a school district that has an enrollment of over 2,500 students based on certified enrollment numbers submitted to the Department of Education during the first quarter of each new school year
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(2) A city or county containing a large school district shall: (a) Include as an element of its comprehensive plan a school facility plan prepared by the district in consultation with the affected city or county. (b) Initiate planning activities with a school district to accompli…
ORS 195.115 Reducing barriers for pedestrian and bicycle access to schools. City and county governing bodies shall work with school district personnel to identify barriers and hazards to children walking or bicycling to and from school. The cities, counties and districts may develop a plan for the funding of improvements designed to reduce the barriers and hazards identified. [2001 c.940 §1]
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Note: 195.115 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. PARKS
ORS 195.120 Rules and planning goal amendments for parks required; allowable uses; application of certain land use laws. (1) The Legislative Assembly finds that Oregon’s parks are special places and the protection of parks for the use and enjoyment of present and future generations is a matter of statewide concern
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(2) The Land Conservation and Development Commission, in cooperation with the State Parks and Recreation Commission and representatives of local government, shall adopt rules and land use planning goal amendments as necessary to provide for: (a) Allowable uses in state and local …
ORS 195.125 Existing uses in state parks; approval by local governments. Existing uses and facilities in all state parks on July 25, 1997, shall be allowed to continue. The following uses and activities shall be approved by a local government subject only to clear and objective siting criteria, which criteria, either individually or cumulatively, shall not prohibit the use or activity of
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(1) The repair and renovation of existing facilities; (2) The replacement of existing facilities and services, including minor location changes; and (3) The minor expansion of existing uses and facilities. [1997 c.604 §4]
ORS 195.137 [2007 c.723 §1; renumbered 197A.230 in 2023]
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[Repealed or reserved.]
ORS 195.139 [2007 c.723 §2; renumbered 197A.232 in 2023]
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[Repealed or reserved.]
ORS 195.141 [2007 c.723 §3; 2023 c.13 §32; renumbered 197A.235 in 2023]
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[Repealed or reserved.]
ORS 195.143 [2007 c.723 §4; 2023 c.13 §74; renumbered 197A.242 in 2023]
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[Repealed or reserved.]
ORS 195.144 [2014 c.92 §3; 2015 c.150 §1; 2019 c.199 §1; 2021 c.184 §1; renumbered 197A.250 in 2023]
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[Repealed or reserved.]
ORS 195.145 [1993 c.804 §19; 1999 c.622 §6; 2007 c.723 §6; 2011 c.150 §1; 2011 c.726 §1; 2023 c.13 §33; 2023 c.326 §18; renumbered 197A.245 in 2023]
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URBAN SERVICE PROVIDER ANNEXATION (Temporary provisions relating to requirements for annexation of certain industrial lands) Note: Sections 1, 2 and 11, chapter 539, Oregon Laws 2005, provide: Sec. 1. Section 2 of this 2005 Act is added to and made a part of ORS 195.205 to 195.22…
ORS 195.205 Annexation by provider; prerequisites to vote; public hearing. (1) A city or district that provides an urban service may annex territory under ORS 195.020, 195.060 to 195.085, 195.205 to 195.235, 197.005, 197.319, 197.320, 197.335 and 223.304 that
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(a) Is situated within an urban growth boundary; and (b) Is contained within an annexation plan adopted pursuant to ORS 195.020, 195.060 to 195.085, 195.205 to 195.235, 197.005, 197.319, 197.320, 197.335 and 223.304. (2) A city or district may submit an annexation plan to a vote …
ORS 195.210 Election procedures. (1) The statement summarizing the measure and its major effect in the ballot title of a proposal for adoption of an annexation plan shall contain a general description of the boundaries of each territory proposed to be annexed. The description shall use streets and other generally recognized features. Notwithstanding ORS 250.035, the statement summarizing the measure and its major effect may not exceed 150 words
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(2) The notice of an annexation plan election shall be given as provided in ORS 254.095, except that in addition the notice shall contain a map indicating the boundaries of each territory proposed to be annexed. [1993 c.804 §14; 1995 c.79 §72; 1995 c.534 §9; 2007 c.154 §58]
ORS 195.215 Election certification; order. (1) The governing body of the city or district shall determine the results of the election from the official figures returned by the county clerk. If the governing body of the city finds that a majority of the votes cast in the territory and a majority of the votes cast in the city favor the annexation plan, the governing body, by resolution or ordinance, shall declare the adoption of the annexation plan. The governing body of the district shall certify the results of the election to the appropriate county governing body. When a majority of the votes cast in the territory and a majority of the votes cast in the district favor the annexation plan, the county governing body by order shall so declare. The resolution, ordinance or order declaring approval of the annexation plan must contain a legal description of each territory annexed
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(2) Annexation of particular tracts of territory takes effect in accordance with the provisions of the adopted annexation plan. [1993 c.804 §15; 2005 c.388 §1]
ORS 195.220 Annexation plan provisions. (1) An annexation plan adopted under ORS 195.205 shall include
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(a) The timing and sequence of annexation. (b) Local standards of urban service availability required as a precondition of annexation. (c) The planned schedule for providing urban services to the annexed territory. (d) The effects on existing urban services providers. (e) The lon…
ORS 195.225 Boundary commission review; action; plan amendment; election. (1) In areas subject to the jurisdiction of a local government boundary commission, the boundary commission shall conduct an advisory review of an annexation plan for conformity with annexation plan requirements set forth in ORS 195.220, 199.462 and the rules of procedure of the Land Conservation and Development Commission
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(2) If a boundary commission finds that an annexation plan does not comply with ORS 195.220, 199.462 or the procedural rules of the commission, the boundary commission, by order, shall disapprove the annexation plan and return the plan to the governing body of the city or distric…
ORS 195.235 Application of other annexation procedures. The method of annexing territory to cities or districts set forth in ORS 195.205 to 195.225 is in addition to and does not affect or prohibit other methods of annexation authorized by law. [1993 c.804 §18]
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LANDSLIDE HAZARD AREAS
ORS 195.250 Definitions for ORS 195.250 to 195.260. As used in ORS 195.250 to 195.260
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(1) “Further review area” means an area of land within which further site specific review should occur before land management or building activities begin because either the State Department of Geology and Mineral Industries or the State Forestry Department determines that the ar…
ORS 195.253 Policy. The Legislative Assembly declares that it is the policy of the State of Oregon that
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(1) Each property owner, each highway user and all federal, state and local governments share the responsibility for making sound decisions regarding activities that may affect landslide hazards and the associated risks of property damage or personal injury. (2) In keeping with t…
ORS 195.256 Legislative findings. The Legislative Assembly finds that
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(1) Many locations in Oregon are subject to naturally occurring landslide hazards, and some human activities may accelerate the incidence or increase the adverse effects of those hazards. (2) Rapidly moving landslides present the greatest risk to human life, and persons living in…
ORS 195.260 Duties of local governments, state agencies and landowners in landslide hazard areas. (1) In order to reduce the risk of serious bodily injury or death resulting from rapidly moving landslides, a local government
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(a) Shall exercise all available authority to protect the public during emergencies, consistent with ORS 401.032. (b) May require a geotechnical report and, if a report is required, shall provide for a coordinated review of the geotechnical report by the State Department of Geolo…
ORS 195.263 [1999 c.1103 §5; repealed by 2003 c.141 §2]
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[Repealed or reserved.]
ORS 195.266 [1999 c.1103 §6; repealed by 2003 c.141 §2]
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[Repealed or reserved.]
ORS 195.270 [1999 c.1103 §7; repealed by 2003 c.141 §2]
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[Repealed or reserved.]
ORS 195.275 [1999 c.1103 §9; repealed by 2003 c.141 §2]
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JUST COMPENSATION FOR LAND USE REGULATION
ORS 195.300 Definitions for ORS 195.300 to 195.336. As used in this section and ORS 195.301 and 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, and sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010
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(1) “Acquisition date” means the date described in ORS 195.328. (2) “Claim” means a written demand for compensation filed under: (a) ORS 195.305, as in effect immediately before December 6, 2007; or (b) ORS 195.305 and 195.310 to 195.314, as in effect on and after December 6, 200…
ORS 195.301 Legislative findings. (1) The Legislative Assembly finds that
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(a) In some situations, land use regulations unfairly burden particular property owners. (b) To address these situations, it is necessary to amend Oregon’s land use statutes to provide just compensation for unfair burdens caused by land use regulations. (2) The purpose of ORS 195…
ORS 195.305 Compensation for restriction of use of real property due to land use regulation. (1) If a public entity enacts one or more land use regulations that restrict the residential use of private real property or a farming or forest practice and that reduce the fair market value of the property, then the owner of the property shall be entitled to just compensation from the public entity that enacted the land use regulation or regulations as provided in ORS 195.310 to 195.314
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(2) Just compensation under ORS 195.310 to 195.314 shall be based on the reduction in the fair market value of the property resulting from the land use regulation. (3) Subsection (1) of this section shall not apply to land use regulations that were enacted prior to the claimant’s…
ORS 195.308 Notwithstanding the requirement to pay just compensation for certain land use regulations under ORS 195.305 (1), compensation is not due for the enforcement or enactment of a land use regulation established in ORS 30.930 to 30.947, 527.310 to 527.370, 561.995, 569.360 to 569.495, 570.010 to 570.050, 570.105 to 570.190, 570.305, 570.310, 570.320 to 570.360, 570.405, 570.412, 570.420, 570.425, 570.450, 570.700 to 570.710, 570.755, 570.770, 570.775, 570.780, 570.790, 570.800, 570.995, 596.095, 596.100, 596.105, 596.393, 596.990 or 596.995 or in administrative rules or statewide plans implementing these statutes
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Note: 195.308 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 195.310 Claim for compensation; calculation of reduction in fair market value; highest and best use of restricted property; status of use authorized. (1) A person may file a claim for just compensation under ORS 195.305 and 195.310 to 195.314 after June 28, 2007, if
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(a) The person is an owner of the property and all owners of the property have consented in writing to the filing of the claim; (b) The person’s desired use of the property is a residential use or a farming or forest practice; (c) The person’s desired use of the property is restr…
ORS 195.312 Procedure for processing claims; fees. (1) A person filing a claim under ORS 195.310 shall file the claim in the manner provided by this section. If the property for which the claim is filed has more than one owner, the claim must be signed by all the owners or the claim must include a signed statement of consent from each owner. Except as provided in subsection (2) of this section, only one claim for each property may be filed for each land use regulation
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(2) For a claim based on a land use regulation described in ORS 195.300 (14)(e), an owner: (a) May file a claim only for property that is a lawfully established unit of land; (b) May file separate claims for different lawfully established units of land at the same or different ti…
ORS 195.314 Notice of claim; evidence and argument; record on review; final determination. (1) A public entity that receives a complete claim as described in ORS 195.312 shall provide notice of the claim at least 30 days before a public hearing on the claim or, if there will not be a public hearing, at least 30 days before the deadline for submission of written comments, to
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(a) All owners identified in the claim; (b) All persons described in ORS 197.797 (2); (c) The Department of Land Conservation and Development, unless the claim was filed with the department; (d) Metro, if the property is located within the urban growth boundary of Metro; (e) The …
ORS 195.316 Notice of Measure 37 permit. In addition to any other notice required by law, a county must give notice of a Measure 37 permit for property located entirely outside an urban growth boundary to
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(1) The county assessor for the county in which the property is located; (2) A district or municipality that supplies water for domestic, municipal or irrigation uses and has a place of use or well located within one-half mile of the property; and (3) The Department of Land Conse…
ORS 195.318 Judicial review. (1) A person that is adversely affected by a final determination of a public entity under ORS 195.310 to 195.314 or sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, may obtain judicial review of that determination under ORS 34.010 to 34.100, if the determination is made by Metro, a city or a county, or under ORS 183.484, if the determination is one of a state agency. Proceedings for review of a state agency determination under ORS 195.310 to 195.314 or sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, must be commenced in the county in which the affected property is located. Upon motion of any party to the proceedings, the proceedings may be transferred to any other county with jurisdiction under ORS 183.484 in the manner provided by law for change of venue. A determination by a public entity under ORS 195.310 to 195.314 or sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, is not a land use decision
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(2) A person is adversely affected under subsection (1) of this section if the person: (a) Is an owner of the property that is the subject of the final determination; or (b) Is a person who timely submitted written evidence, arguments or comments to a public entity concerning the…
ORS 195.320 Ombudsman. (1) The Governor shall appoint an individual to serve, at the pleasure of the Governor, as the Compensation and Conservation Ombudsman
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(2) The ombudsman must be an individual of recognized judgment, objectivity and integrity who is qualified by training and experience to: (a) Analyze problems of land use planning, real property law and real property valuation; and (b) Facilitate resolution of complex disputes. […
ORS 195.322 Duties of ombudsman. (1) For the purpose of helping to ensure that a claim is complete, as described in ORS 195.312, the Compensation and Conservation Ombudsman may review a proposed claim if the review is requested by a claimant that intends to file a claim under ORS 195.305 and 195.310 to 195.314
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(2) At the request of the claimant or the public entity reviewing a claim, the ombudsman may facilitate resolution of issues involving a claim under ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, …
ORS 195.324 Effect of certain applications or petitions on right to relief. (1) If an owner submits an application for a comprehensive plan or zoning amendment, or submits an application for an amendment to the Metro urban growth boundary, and Metro, a city or a county approves the amendment, the owner is not entitled to relief under ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, with respect to a land use regulation enacted before the date the application was filed
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(2) If an owner files a petition to initiate annexation to a city and the city or boundary commission approves the petition, the owner is not entitled to relief under ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, …
ORS 195.326 Qualification of appraisers; review of appraisals. An appraiser certified under ORS 674.310 or registered under ORS 308.010 may carry out the appraisals required by ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010. The Department of Land Conservation and Development is authorized to retain persons to review the appraisals. [2007 c.424 §20; 2017 c.44 §4]
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[Repealed or reserved.]