Chapter 197 — Chapter 197
279 sections in this chapter.
ORS 197.005 Legislative findings. The Legislative Assembly finds that
1.5K chars
(1) Uncoordinated use of lands within this state threatens the orderly development, the environment of this state and the health, safety, order, convenience, prosperity and welfare of the people of this state. (2) To promote coordinated administration of land uses consistent with…
ORS 197.010 Policy. The Legislative Assembly declares that
2.7K chars
(1) In order to ensure the highest possible level of livability in Oregon, it is necessary to provide for properly prepared and coordinated comprehensive plans for cities and counties, regional areas and the state as a whole. These comprehensive plans: (a) Must be adopted by the …
ORS 197.012 Compact urban development. In areas of the state that are growing rapidly, state agencies, as defined in ORS 171.133, cities and counties should, within constraints of applicable federal law and regulations, state law and rules and local ordinances
0.6K chars
(1) Consider directing major public infrastructure investments, including major transportation investments, to reinforce compact urban development; and (2) Consider giving priority to investments that promote infill or redevelopment of existing urban areas to encourage the densit…
ORS 197.013 Implementation and enforcement are of statewide concern. Implementation and enforcement of acknowledged comprehensive plans and land use regulations are matters of statewide concern. [1981 c.884 §7]
0.0K chars
[Repealed or reserved.]
ORS 197.015 Definitions for ORS chapters 195, 196, 197 and 197A. As used in ORS chapters 195, 196, 197 and 197A, unless the context requires otherwise
10.5K chars
(1) “Acknowledgment” means a commission order that certifies that a comprehensive plan and land use regulations, land use regulation or plan or regulation amendment complies with the goals or certifies that Metro land use planning goals and objectives, Metro regional framework pl…
ORS 197.020 Land use decision considerations. Age, gender or physical disability shall not be an adverse consideration in making a land use decision as defined in ORS 197.015. [1987 c.555 §5; 2005 c.22 §138]
0.0K chars
[Repealed or reserved.]
ORS 197.022 Policy regarding ORS 215.433 and 227.184. The Legislative Assembly declares that it is in the interest of the citizens of this state that a process be established to allow the efficient resolution of all legal issues surrounding the permissible use of private land, including questions regarding the dismissal of appeals under the legal doctrine known as ripeness. It is in this interest that the Legislative Assembly enacts ORS 215.433 and 227.184. [1999 c.648 §5]
5.5K chars
Note: 197.022 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. Note: Sections 1, 2 and 5, chapter 217, Oregon Laws 2…
ORS 197.030 Land Conservation and Development Commission; members; appointment; confirmation; term; vacancies. (1) There is established a Land Conservation and Development Commission consisting of seven members appointed by the Governor, subject to confirmation by the Senate pursuant to section 4, Article III, Oregon Constitution
1.7K chars
(2) The Governor shall appoint to the commission: (a) One member representing Clatsop, Columbia, Coos, Curry, Lincoln and Tillamook Counties and those portions of Douglas and Lane Counties lying west of the summit of the Coast Range; (b) Two members representing Clackamas, Multno…
ORS 197.035 Officers; quorum; compensation and expenses. (1) The Land Conservation and Development Commission shall select one of its members as chairperson and another member as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the commission determines. The vice chairperson of the commission shall act as the chairperson of the commission in the absence of the chairperson
0.2K chars
(2) A majority of the members of the commission constitutes a quorum for the transaction of business. (3) Members of the commission are entitled to compensation and expenses as provided in ORS 292.495. [1973 c.80 §§7,8]
ORS 197.040 Duties of commission; rules. (1) The Land Conservation and Development Commission shall
7.4K chars
(a) Direct the performance by the Director of the Department of Land Conservation and Development and the director’s staff of their functions under ORS chapters 195, 196, 197 and 197A. (b) In accordance with the provisions of ORS chapter 183, adopt rules that it considers necessa…
ORS 197.045 Powers of commission. The Land Conservation and Development Commission may
1.5K chars
(1) Apply for and receive moneys from the federal government and from this state or any of its agencies or departments. (2) Contract with any public agency for the performance of services or the exchange of employees or services by one to the other necessary in carrying out ORS c…
ORS 197.047 Notice to local governments and property owners of changes to commission rules or certain statutes; form; distribution of notice; costs. (1) As used in this section, “owner” means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete tax assessment roll
10.8K chars
(2) At least 90 days prior to the final public hearing on a proposed new or amended administrative rule of the Land Conservation and Development Commission described in subsection (10) of this section, the Department of Land Conservation and Development shall cause the notice set…
ORS 197.050 Interstate agreements and compacts; commission powers. Except as provided in ORS 196.150 and 196.155, if an interstate land conservation and development planning agency is created by an interstate agreement or compact entered into by this state, the Land Conservation and Development Commission shall perform the functions of this state with respect to the agreement or compact. If the functions of the interstate planning agency duplicate any of the functions of the commission under ORS 195.020 to 195.040, ORS chapters 197 and 197A and ORS 469.350, the commission may
0.3K chars
(1) Negotiate with the interstate agency in defining the areas of responsibility of the commission and the interstate planning agency; and (2) Cooperate with the interstate planning agency in the performance of its functions. [1973 c.80 §12; 1977 c.664 §8; 1987 c.14 §6; 2001 c.67…
ORS 197.055 [1973 c.80 §16; repealed by 1977 c.664 §42]
0.0K chars
[Repealed or reserved.]
ORS 197.060 Biennial report; draft submission to legislative committee; contents. (1) Prior to the end of each even-numbered year, the Department of Land Conservation and Development shall prepare a written report for submission to the Legislative Assembly of the State of Oregon describing activities and accomplishments of the department, Land Conservation and Development Commission, state agencies, local governments and special districts in carrying out ORS chapters 195, 196, 197 and 197A
0.8K chars
(2) A draft of the report required by subsection (1) of this section shall be submitted to the appropriate legislative committee at least 60 days prior to submission of the report to the Legislative Assembly. Comments of the committee shall be incorporated into the final report. …
ORS 197.065 Biennial report analyzing uses of certain land; annual local government reports. (1) Prior to each odd-numbered year regular legislative session, the Land Conservation and Development Commission shall submit to the appropriate legislative committee a written report analyzing applications approved and denied for
2.1K chars
(a) New and replacement dwellings: (A) Under ORS 215.213 (1)(d) and (f), (2)(a) and (b), (3) and (4), 215.283 (1)(d) and (e), 215.284 and 215.705; and (B) On land zoned for forest use under any statewide planning goal that relates to forestland; (b) Divisions of land: (A) Under O…
ORS 197.070 Public inspection of assessments prepared by commission. The Land Conservation and Development Commission shall keep on file and available for public inspection the assessments prepared pursuant to ORS 197.040 and 197.230. [1995 c.299 §3]
0.0K chars
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT
ORS 197.075 Department of Land Conservation and Development. The Department of Land Conservation and Development is established. The department shall consist of the Land Conservation and Development Commission, the Director of the Department of Land Conservation and Development and their subordinate officers and employees. [1973 c.80 §4]
0.0K chars
[Repealed or reserved.]
ORS 197.080 [1973 c.80 §55; 1977 c.664 §10; 1981 c.748 §21c; repealed by 2007 c.354 §1]
0.0K chars
[Repealed or reserved.]
ORS 197.085 Director; appointment; compensation and expenses. (1) The Land Conservation and Development Commission shall appoint a person to serve as the Director of the Department of Land Conservation and Development. The director shall hold the office of the director at the pleasure of the commission and the salary of the director shall be fixed by the commission unless otherwise provided by law
0.3K chars
(2) In addition to salary, the director shall be reimbursed, subject to any applicable law regulating travel and other expenses of state officers and employees, for actual and necessary expenses incurred by the director in the performance of official duties. [1973 c.80 §13]
ORS 197.090 Duties and authority of director; appealing local land use decision; rules. (1) Subject to policies adopted by the Land Conservation and Development Commission, the Director of the Department of Land Conservation and Development shall
4.3K chars
(a) Be the administrative head of the Department of Land Conservation and Development. (b) Coordinate the activities of the department in its land conservation and development functions with such functions of federal agencies, other state agencies, local governments and special d…
ORS 197.095 Land Conservation and Development Account. (1) There is established in the General Fund in the State Treasury the Land Conservation and Development Account. Moneys in the account are continuously appropriated for the purpose of carrying out ORS chapters 195, 196, 197 and 197A
0.2K chars
(2) All fees, moneys and other revenue received by the Department of Land Conservation and Development shall be deposited in the Land Conservation and Development Account. [1973 c.80 §15; 1977 c.664 §11; 1981 c.748 §21e; 2007 c.354 §8]
ORS 197.125 [1973 c.80 §22; repealed by 2007 c.354 §1]
0.0K chars
[Repealed or reserved.]
ORS 197.130 [1973 c.80 §23; 1975 c.530 §6; 1977 c.891 §8; 1981 c.748 §23; 1987 c.158 §33; repealed by 2007 c.354 §1]
0.0K chars
[Repealed or reserved.]
ORS 197.135 [1973 c.80 §24; 1981 c.748 §24; repealed by 2007 c.354 §1]
0.0K chars
ADVISORY COMMITTEES
ORS 197.158 Policy-neutral review and audit of statewide land use program. (1) The Land Conservation and Development Commission, in cooperation with the Oregon Law Commission and other public or private entities, may, as resources are available, appoint a work group to conduct a policy-neutral review and audit of ORS chapters 195, 196, 197, 197A, 215 and 227, the statewide land use planning goals and the rules of the commission implementing the goals
0.9K chars
(2) The commission shall sequence any review based on its judgment as to which aspects of the statewide land use program are most in need of updating. (3) A review undertaken under this section should, but does not have to, include appropriate involvement of local government, pro…
ORS 197.160 State Citizen Involvement Advisory Committee; city and county citizen advisory committees. (1) To assure widespread citizen involvement in all phases of the planning process
1.5K chars
(a) The Land Conservation and Development Commission shall appoint a State Citizen Involvement Advisory Committee, broadly representative of geographic areas of the state and of interests relating to land uses and land use decisions, to develop a program for the commission that p…
ORS 197.165 Local Officials Advisory Committee. For the purpose of promoting mutual understanding and cooperation between the Land Conservation and Development Commission and local government in the implementation of ORS chapters 195, 196, 197 and 197A and the goals, the commission shall appoint a Local Officials Advisory Committee. The committee shall be comprised of persons serving as city or county elected officials and its membership shall reflect the city, county and geographic diversity of the state. The committee shall advise and assist the commission on its policies and programs affecting local governments. [1977 c.664 §7; 1981 c.748 §25a]
0.0K chars
COMPREHENSIVE PLANNING RESPONSIBILITIES
ORS 197.173 Findings regarding coordination between state agencies and local governments. The Legislative Assembly finds and declares that
1.6K chars
(1) Improving coordination and consistency between the duties and actions of state agencies that affect land use and the duties and actions of local governments under comprehensive plans and land use regulations is required to ensure that the actions of state agencies complement …
ORS 197.175 Cities’ and counties’ planning responsibilities; rules on incorporations; compliance with goals. (1) Cities and counties shall exercise their planning and zoning responsibilities, including, but not limited to, a city or special district boundary change which shall mean the annexation of unincorporated territory by a city, the incorporation of a new city and the formation or change of organization of or annexation to any special district authorized by ORS 198.705 to 198.955, 199.410 to 199.534 or 451.010 to 451.620, in accordance with ORS chapters 195, 196, 197 and 197A and the goals approved under ORS chapters 195, 196, 197 and 197A. The Land Conservation and Development Commission shall adopt rules clarifying how the goals apply to the incorporation of a new city. Notwithstanding the provisions of section 15, chapter 827, Oregon Laws 1983, the rules shall take effect upon adoption by the commission. The applicability of rules promulgated under this section to the incorporation of cities prior to August 9, 1983, shall be determined under the laws of this state
1.3K chars
(2) Pursuant to ORS chapters 195, 196, 197 and 197A, each city and county in this state shall: (a) Prepare, adopt, amend and revise comprehensive plans in compliance with goals approved by the commission; (b) Enact land use regulations to implement their comprehensive plans; (c) …
ORS 197.178 [1997 c.763 §5; 2011 c.354 §1; 2017 c.745 §9; repealed by 2023 c.13 §39]
0.0K chars
[Repealed or reserved.]
ORS 197.180 State agency planning responsibilities; determination of compliance with goals and compatibility with plans; coordination between agencies and local governments; rules; exceptions. (1) Except as provided in ORS 197.277 or subsection (2) of this section or unless expressly exempted by another statute from any of the requirements of this section, state agencies shall carry out their planning duties, powers and responsibilities and take actions that are authorized by law with respect to programs affecting land use
6.1K chars
(a) In compliance with the goals, rules implementing the goals and rules implementing this section; and (b) In a manner compatible with acknowledged comprehensive plans and land use regulations. (2) State agencies need not comply with subsection (1)(b) of this section if a state …
ORS 197.183 Local government to notify Department of Aviation of applications received for certain water impoundments. (1) A local government shall provide notice to the Oregon Department of Aviation when the local government or its designee receives an application for a comprehensive plan amendment, zone change or permit as defined in ORS 215.402 or 227.160 that, if approved, would result in a water impoundment larger than one-quarter acre within 10,000 feet of an airport identified in ORS 836.610 (1)
0.3K chars
(2) The department has no authority to make final a determination regarding a new water impoundment described in ORS 836.623. Determinations regarding such impoundments shall be made by local governments as provided in ORS 836.623. [1997 c.859 §10; 1999 c.935 §19]
ORS 197.185 [1973 c.80 §20; 1977 c.664 §14; 1981 c.748 §26; 1993 c.804 §1; renumbered 195.020 in 1993]
0.0K chars
[Repealed or reserved.]
ORS 197.186 [1999 c.503 §5; renumbered 197A.216 in 2025]
0.0K chars
[Repealed or reserved.]
ORS 197.190 [1973 c.80 §19; 1977 c.664 §15; 1981 c.748 §27; 1983 c.350 §1; renumbered 195.025 in 1993]
0.0K chars
[Repealed or reserved.]
ORS 197.195 Limited land use decision; procedures. (1) A limited land use decision shall be consistent with applicable provisions of city or county comprehensive plans and land use regulations. Such a decision may include conditions authorized by law. Within two years of September 29, 1991, cities and counties shall incorporate all comprehensive plan standards applicable to limited land use decisions into their land use regulations. A decision to incorporate all, some, or none of the applicable comprehensive plan standards into land use regulations shall be undertaken as a post-acknowledgment amendment under ORS 197.610 to 197.625. If a city or county does not incorporate its comprehensive plan provisions into its land use regulations, the comprehensive plan provisions may not be used as a basis for a decision by the city or county or on appeal from that decision
4.7K chars
(2) A limited land use decision is not subject to the requirements of ORS 197.797. (3) A limited land use decision is subject to the requirements of paragraphs (a) to (c) of this subsection. (a) In making a limited land use decision, the local government shall follow the applicab…
ORS 197.200 [1995 c.595 §15; 2025 c.476 §29; renumbered 197A.212 in 2025]
0.0K chars
GOALS COMPLIANCE
ORS 197.225 Preparation; adoption. The Department of Land Conservation and Development shall prepare and the Land Conservation and Development Commission shall adopt goals and guidelines for use by state agencies, local governments and special districts in preparing, adopting, amending and implementing existing and future comprehensive plans. [1973 c.80 §33; 1981 c.748 §27a]
0.0K chars
[Repealed or reserved.]
ORS 197.230 Considerations; finding of need required for adoption or amendment of goal. (1) In preparing, adopting and amending goals and guidelines, the Department of Land Conservation and Development and the Land Conservation and Development Commission shall
2.1K chars
(a) Assess: (A) What economic and property interests will be, or are likely to be, affected by the proposed goal or guideline; (B) The likely degree of economic impact on identified property and economic interests; and (C) Whether alternative actions are available that would achi…
ORS 197.235 Public hearings; notice; citizen involvement implementation; submission of proposals. (1) In preparing the goals and guidelines, the Department of Land Conservation and Development shall
1.8K chars
(a) Hold at least 10 public hearings throughout the state, causing notice of the time, place and purpose of each hearing to be published in a newspaper of general circulation within the area where the hearing is to be conducted not later than 30 days prior to the date of the hear…
ORS 197.240 Commission action; public hearing; notice; amendment; adoption. Upon receipt of the proposed goals and guidelines prepared and submitted to it by the Department of Land Conservation and Development, the Land Conservation and Development Commission shall
1.2K chars
(1) Hold at least one public hearing on the proposed goals and guidelines. The commission shall cause notice of the time, place and purpose of the hearings and the place where copies of the proposed goals and guidelines are available before the hearings with the cost thereof to b…
ORS 197.245 Commission amendment of initial goals; adoption of new goals. The Land Conservation and Development Commission may periodically amend the initial goals and guidelines adopted under ORS 197.240 and adopt new goals and guidelines. The adoption of amendments to or of new goals shall be done in the manner provided in ORS 197.235 and 197.240 and shall specify with particularity those goal provisions that are applicable to land use decisions and limited land use decisions before plan revision. The commission shall establish the effective date for application of a new or amended goal. Absent a compelling reason, the commission shall not require a comprehensive plan, new or amended land use regulation, land use decision or limited land use decision to be consistent with a new or amended goal until one year after the date of adoption. [1973 c.80 §38; 1981 c.748 §29; 1991 c.612 §10; 1991 c.817 §22a; 1995 c.595 §24; 2025 c.476 §30]
0.0K chars
[Repealed or reserved.]
ORS 197.247 [1983 c.826 §2; repealed by 1993 c.792 §55]
0.0K chars
[Repealed or reserved.]
ORS 197.250 Compliance with goals required. Except as otherwise provided in ORS 197.245, all comprehensive plans and land use regulations adopted by a local government to carry out those comprehensive plans and all plans, programs, rules or regulations affecting land use adopted by a state agency or special district shall be in compliance with the goals within one year after the date those goals are approved by the Land Conservation and Development Commission. [1973 c.80 §32; 1977 c.664 §19; 1981 c.748 §29a; 1983 c.827 §56a]
0.0K chars
[Repealed or reserved.]
ORS 197.251 Compliance acknowledgment; commission review; rules; limited acknowledgment; compliance schedule. (1) Upon the request of a local government, the Land Conservation and Development Commission shall by order grant, deny or continue acknowledgment of compliance of comprehensive plan and land use regulations with the goals. A commission order granting, denying or continuing acknowledgment shall be entered within 90 days of the date of the request by the local government unless the commission finds that due to extenuating circumstances a period of time greater than 90 days is required
5.4K chars
(2) In accordance with rules of the commission, the Director of the Department of Land Conservation and Development shall prepare a report for the commission stating whether the comprehensive plan and land use regulations for which acknowledgment is sought are in compliance with …
ORS 197.252 [1977 c.664 §20a; 1979 c.772 §7a; repealed by 1981 c.748 §56]
0.0K chars
[Repealed or reserved.]
ORS 197.253 Participation in local proceedings required for submitting comments and objections. Notwithstanding the provisions of ORS 197.251 (2)(a), a person may not submit written comments and objections to the acknowledgment request of any city or county that submits its plan or regulations to the Land Conservation and Development Commission for acknowledgment for the first time after August 9, 1983, unless the person participated either orally or in writing in the local government proceedings leading to the adoption of the plan and regulations. [1983 c.827 §5a]
0.0K chars
[Repealed or reserved.]
ORS 197.254 Bar to contesting acknowledgment, appealing or seeking amendment. (1) A state agency is barred, after the date set for submission of programs by the Land Conservation and Development Commission as provided in ORS 197.180 (4), from contesting a request for acknowledgment submitted by a local government under ORS 197.251 or from filing an appeal of a post-acknowledgement change under ORS 197.610 to 197.625 to a comprehensive plan or a land use regulation, if the commission finds that
1.8K chars
(a) The state agency has not complied with ORS 197.180; or (b) The state agency has not coordinated its plans, programs or rules affecting land use with the comprehensive plan or land use regulations of the city or county pursuant to a coordination program approved by the commiss…
ORS 197.255 [1973 c.80 §39; 1981 c.748 §29b; 1983 c.827 §57a; renumbered 195.035 in 1993]
0.0K chars
[Repealed or reserved.]