Chapter 197 — Chapter 197
279 sections in this chapter.
ORS 197.380 [1995 c.595 §11; 1999 c.348 §8; 2021 c.103 §9; repealed by 2025 c.476 §21]
0.0K chars
ACTIVITIES ON FEDERAL LAND
ORS 197.390 Activities on federal land; list; permit required; enjoining violations. (1) The Land Conservation and Development Commission shall study and compile a list of all activities affecting land use planning which occur on federal land and which the state may regulate or control in any degree
0.4K chars
(2) No activity listed by the commission pursuant to subsection (1) of this section which the state may regulate or control which occurs upon federal land shall be undertaken without a permit issued under ORS 197.395. (3) Any person or agency acting in violation of subsection (2)…
ORS 197.395 Application for permit; review and issuance; conditions; restrictions; review. (1) Any person or public agency desiring to initiate an activity which the state may regulate or control and which occurs upon federal land shall apply to the local government in which the activity will take place for a permit. The application shall contain an explanation of the activity to be initiated, the plans for the activity and any other information required by the local government as prescribed by rule of the Land Conservation and Development Commission
0.9K chars
(2) If the local government finds after review of the application that the proposed activity complies with goals and the comprehensive plans of the local government affected by the activity, it shall approve the application and issue a permit for the activity to the person or pub…
ORS 197.400 [1973 c.80 §25; 1977 c.664 §27; repealed by 1981 c.748 §56]
0.0K chars
AREAS OF CRITICAL CONCERN
ORS 197.405 Designation of areas of critical state concern; commission recommendation; committee review; approval by Legislative Assembly. (1) The Land Conservation and Development Commission may recommend to appropriate legislative committees the designation of areas of critical state concern. Each such recommendation
1.9K chars
(a) Shall specify the reasons for the implementation of additional state regulations for the described geographic area; (b) Shall include a brief summary of the existing programs and regulations of state and local agencies applicable to the area; (c) May include a management plan…
ORS 197.410 Use and activities regulated; enjoining violations. (1) No use or activity subjected to state regulations required or allowed for a designated area of critical state concern shall be undertaken except in accordance with the applicable state regulations
0.2K chars
(2) Any person or agency acting in violation of subsection (1) of this section may be enjoined in civil proceedings brought in the name of the county or the State of Oregon. [1973 c.80 §30; 1977 c.664 §29; 1981 c.748 §13]
ORS 197.412 Enforcement powers. If the county governing body or the Land Conservation and Development Commission determines the existence of an alleged violation under ORS 197.410, it may
0.8K chars
(1) Investigate, hold hearings, enter orders and take action that it deems appropriate under ORS chapters 195, 196, 197 and 197A, as soon as possible. (2) For the purpose of investigating conditions relating to the violation, through its members or its duly authorized representat…
ORS 197.415 [1973 c.80 §27; 1977 c.664 §30; repealed by 1981 c.748 §56]
0.0K chars
[Repealed or reserved.]
ORS 197.416 Metolius Area of Critical State Concern. (1) As used in this section, “Metolius Area of Critical State Concern” means the areas identified as Area 1 and Area 2 in the management plan recommended by the Land Conservation and Development Commission
2.7K chars
(2) Pursuant to ORS 197.405 (4), the Legislative Assembly hereby approves the recommendation of the commission, submitted to the Legislative Assembly on April 2, 2009, that the Metolius Area of Critical State Concern be designated an area of critical state concern. (3) The Legisl…
ORS 197.420 [1973 c.80 §28; 1977 c.664 §31; repealed by 1981 c.748 §56]
0.0K chars
[Repealed or reserved.]
ORS 197.425 [1973 c.80 §29; 1977 c.664 §32; repealed by 1981 c.748 §56]
0.1K chars
SPECIAL DEVELOPMENT PROJECTS (Oregon International Port of Coos Bay)
ORS 197.428 Navigational channel improvements. (1) Deep draft navigational channel improvements are a reason a local government may adopt an exception under ORS 197.732 (2)(c)(A) to a land use planning goal related to estuarine resources in order to redesignate or rezone natural and conservation estuary management units within a deep draft development estuary, provided that the improvements are
13.1K chars
(a) Carried out in a manner that includes mitigation, as defined in ORS 196.800, of adverse impacts to ensure no net loss of estuarine resources and the affected aquatic and shore areas and habitats; (b) Of the location, design and minimum extent necessary for the use; (c) Applie…
ORS 197.430 [1973 c.80 §31; 1977 c.664 §33; 1981 c.748 §14; renumbered 197.412 in 2023]
0.0K chars
(Speedway Destination)
ORS 197.431 Expansion of speedway destination site. (1) If the site described in ORS 197.433 (1) is developed and used as a major motor speedway with sanctioned, premier, high speed automobile racing within five years after the county issues a certificate of occupancy for the major motor speedway, the site may be expanded to include additional lands that are adjacent to the site if the additional lands are
5.1K chars
(a) Located in Morrow County within township 4 north, range 24 east of the Willamette Meridian, sections 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21 and 22 and the northeast quarter section of section 27; and (b) Approved as part of a master plan as provided in this section. (2) Afte…
ORS 197.432 Definitions for ORS 197.431 to 197.434. As used in ORS 197.431 to 197.434
3.4K chars
(1) “Associated uses and facilities” means: (a) Speedway-related and accessory uses and facilities identified in the findings; and (b) Road course garage units. (2) “Findings” means the Morrow County Findings of Fact and Conclusions of Law, dated June 21, 2002, and September 24, …
ORS 197.433 Development of major motor speedway. (1) On a site approved for development of a major motor speedway, pursuant to an exception to statewide land use planning goals relating to agricultural lands, public facilities and services and urbanization that was acknowledged before September 2, 2005, if the site is developed and used as a major motor speedway with sanctioned, premier, high speed automobile racing within five years after the county issues a certificate of occupancy for the major motor speedway, the governing body of Morrow County or its designee may authorize the ancillary development of transient lodging, associated uses and facilities and a speedway theme park that were not previously authorized under subsection (4) of this section
2.5K chars
(a) Without taking further exception to the statewide land use planning goals relating to agricultural lands, public facilities and services and urbanization. (b) Primarily for the use of users and patrons of the major motor speedway but available, as well, to the general public.…
ORS 197.434 Traffic impacts of speedway destination. (1) The private developer of the speedway destination site is financially responsible for addressing, through traffic infrastructure improvements and upgrades, adverse traffic impacts that cannot be adequately mitigated, in the judgment of road authorities, through the use of temporary traffic management measures
0.6K chars
(2) The private developer, or the organizer of a specific event or activity at the speedway destination site, is financially responsible for temporary traffic management measures required to mitigate the adverse traffic impacts of events or activities at the speedway destination …
ORS 197.435 Definitions for ORS 197.435 to 197.467. As used in ORS 197.435 to 197.467
3.9K chars
(1) “Developed recreational facilities” means improvements constructed for the purpose of recreation and may include but are not limited to golf courses, tennis courts, swimming pools, marinas, ski runs and bicycle paths. (2) “High value crop area” means an area in which there is…
ORS 197.440 Legislative findings. The Legislative Assembly finds that
0.6K chars
(1) It is the policy of this state to promote Oregon as a vacation destination and to encourage tourism as a valuable segment of our state’s economy; (2) There is a growing need to provide year-round destination resort accommodations to attract visitors and encourage them to stay…
ORS 197.445 Destination resort criteria; phase-in requirements; annual accounting. A destination resort is a self-contained development that provides for visitor-oriented accommodations and developed recreational facilities in a setting with high natural amenities. To qualify as a destination resort under ORS 30.947, 197.435 to 197.467, 215.213, 215.283 and 215.284, a proposed development must meet the following standards
6.5K chars
(1) The resort must be located on a site of 160 acres or more except within two miles of the ocean shoreline where the site shall be 40 acres or more. (2) At least 50 percent of the site must be dedicated to permanent open space, excluding streets and parking areas. (3) At least …
ORS 197.450 Siting without taking goal exception. In accordance with the provisions of ORS 30.947, 197.435 to 197.467, 215.213, 215.283 and 215.284, a comprehensive plan may provide for the siting of a destination resort on rural lands without taking an exception to statewide planning goals relating to agricultural lands, forestlands, public facilities and services or urbanization. [1987 c.886 §5]
0.0K chars
[Repealed or reserved.]
ORS 197.455 Siting of destination resorts; sites from which destination resort excluded. (1) A destination resort may be sited only on lands mapped as eligible for destination resort siting by the affected county. The county may not allow destination resorts approved pursuant to ORS 197.435 to 197.467 to be sited in any of the following areas
2.5K chars
(a) Within 24 air miles of an urban growth boundary with an existing population of 100,000 or more unless residential uses are limited to those necessary for the staff and management of the resort. (b)(A) On a site with 50 or more contiguous acres of unique or prime farmland iden…
ORS 197.460 Compatibility with adjacent land uses; county measures; economic impact analysis; traffic impact analysis. A county shall ensure that a destination resort is compatible with the site and adjacent land uses through the following measures
2.1K chars
(1) Important natural features, including habitat of threatened or endangered species, streams, rivers and significant wetlands shall be retained. Riparian vegetation within 100 feet of streams, rivers and significant wetlands shall be retained. Alteration of important natural fe…
ORS 197.462 Use of land excluded from destination resort. A portion of a tract that is excluded from the site of a destination resort pursuant to ORS 197.435 (7) shall not be used or operated in conjunction with the resort. Subject to this limitation, the use of the excluded property shall be governed by otherwise applicable law. [1993 c.590 §7]
0.0K chars
[Repealed or reserved.]
ORS 197.465 Comprehensive plan implementing measures. An acknowledged comprehensive plan that allows for siting of a destination resort shall include implementing measures which
0.7K chars
(1) Map areas where a destination resort described in ORS 197.445 (1) to (5) is permitted pursuant to ORS 197.455; (2) Limit uses and activities to those defined by ORS 197.435 and allowed by ORS 197.445; and (3) Assure that developed recreational facilities and key facilities in…
ORS 197.467 Conservation easement to protect resource site. (1) If a tract to be used as a destination resort contains a resource site designated for protection in an acknowledged comprehensive plan pursuant to open spaces, scenic and historic areas and natural resource goals in an acknowledged comprehensive plan, that tract of land shall preserve that site by conservation easement sufficient to protect the resource values of the resource site as set forth in ORS 271.715 to 271.795
0.2K chars
(2) A conservation easement under this section shall be recorded with the property records of the tract on which the destination resort is sited. [1993 c.590 §5] COMMUNITY GREEN INFRASTRUCTURE GRANT PROGRAM
ORS 197.468 Purpose. The Legislative Assembly finds and declares that
1.6K chars
(1) The purpose of community green infrastructure projects and green infrastructure economic development projects is to provide direct social, environmental and economic benefits to communities across this state through green infrastructure. (2) The social, environmental and econ…
ORS 197.469 Definitions for ORS 197.468 to 197.472. As used in ORS 197.468 to 197.472
2.8K chars
(1) “Community green infrastructure project” means a green infrastructure project that provides social, environmental or economic benefits to a particular community and is developed through a collaborative process that helps to define those benefits. (2) “Environmental justice co…
ORS 197.470 Grant program; support by intergovernmental agreements. (1) The Community Green Infrastructure Grant Program is established as a program administered by the Department of Land Conservation and Development for the purpose of awarding grants for
7.6K chars
(a) Offsetting the cost of planning and developing community green infrastructure projects or green infrastructure economic development projects; (b) Developing or supporting native seed banks or native plant nurseries; or (c) Supporting and implementing green infrastructure mast…
ORS 197.471 Community Green Infrastructure Fund. (1) The Community Green Infrastructure Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Community Green Infrastructure Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Land Conservation and Development for the purpose of carrying out ORS 197.470, subject to the allocations described in subsection (2) of this section
0.5K chars
(2) Of the moneys in the fund: (a) 30 percent shall be allocated for grants to be awarded for planning or developing green infrastructure economic development projects; (b) 40 percent shall be allocated for grants to be awarded for entities or projects located in green infrastruc…
ORS 197.472 Advisory committee; reports. (1) The Department of Land Conservation and Development may appoint an Advisory Committee on Community Green Infrastructure Investment to provide consultation on the implementation of ORS 197.470. A committee appointed under this section shall consist of at least one representative of each of the following interests
1.5K chars
(a) City governments; (b) County governments; (c) Special districts, irrigation districts or transportation districts; (d) School districts; (e) Environmental justice communities; (f) The Oregon nursery industry; (g) Educational institutes that train professionals in horticulture…
ORS 197.475 [1987 c.785 §3; 1989 c.648 §53; renumbered 197A.431 in 2025]
0.0K chars
[Repealed or reserved.]
ORS 197.478 [Formerly 197.314; 2025 c.38 §2; renumbered 197A.432 in 2025]
0.0K chars
[Repealed or reserved.]
ORS 197.480 [1987 c.785 §4; 1989 c.648 §54; 2023 c.13 §84; 2024 c.102 §33; renumbered 197A.436 in 2025]
0.0K chars
[Repealed or reserved.]
ORS 197.485 [1987 c.785 §5; 1989 c.648 §55; 2005 c.22 §143; 2005 c.826 §12; 2007 c.906 §10; 2022 c.54 §3; renumbered 197A.434 in 2025]
0.0K chars
[Repealed or reserved.]
ORS 197.488 [2021 c.260 §2; renumbered 197A.440 in 2025]
0.0K chars
[Repealed or reserved.]
ORS 197.490 [1987 c.785 §6; 1989 c.648 §56; renumbered 197A.438 in 2025]
0.0K chars
RECREATIONAL VEHICLES
ORS 197.492 Definitions. As used in this section and ORS 197.493
0.8K chars
(1) “Manufactured dwelling park” and “mobile home park” have the meanings given those terms in ORS 446.003. (2) “Recreational vehicle” has the meaning given that term in ORS 174.101. (3) “Recreational vehicle park”: (a) Means a place where two or more recreational vehicles are lo…
ORS 197.493 Placement and occupancy of recreational vehicle. (1) A state agency or local government may not prohibit the placement or occupancy of a recreational vehicle, or impose any limit on the length of occupancy of a recreational vehicle as a residential dwelling, solely on the grounds that the occupancy is in a recreational vehicle, if the recreational vehicle is
1.1K chars
(a) Allowed under ORS 215.490; (b)(A) Located in a manufactured dwelling park, mobile home park or recreational vehicle park; (B) Occupied as a residential dwelling; and (C) Lawfully connected to water and electrical supply systems and a sewage disposal system; or (c) On a lot or…
ORS 197.505 Definitions for ORS 197.505 to 197.540. As used in ORS 197.505 to 197.540
0.4K chars
(1) “Public facilities” means those public facilities for which a public facilities plan is required under ORS 197.712. (2) “Special district” refers to only those entities as defined in ORS 197.015 (19) that provide services for which public facilities plans are required. [1980 …
ORS 197.510 Legislative findings. The Legislative Assembly finds and declares that
0.9K chars
(1) The declaration of moratoria on construction and land development by cities, counties and special districts may have a negative effect not only on property owners, but also on the housing and economic development policies and goals of other local governments within the state,…
ORS 197.520 Manner of declaring moratorium. (1) No city, county or special district may adopt a moratorium on construction or land development unless it first
4.6K chars
(a) Provides written notice to the Department of Land Conservation and Development at least 45 days prior to the final public hearing to be held to consider the adoption of the moratorium; (b) Makes written findings justifying the need for the moratorium in the manner provided fo…
ORS 197.522 [1999 c.838 §4; 2015 c.374 §3; 2023 c.13 §85; 2024 c.102 §31; 2025 c.38 §7; renumbered 197A.402 in 2025]
0.0K chars
[Repealed or reserved.]
ORS 197.524 Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits. (1) When a local government engages in a pattern or practice of delaying or stopping the issuance of permits, authorizations or approvals necessary for the subdivision or partitioning of, or construction on, any land, including delaying or stopping issuance based on a shortage of public facilities, the local government shall
0.4K chars
(a) Adopt a public facilities strategy under ORS 197.768; or (b) Adopt a moratorium on construction or land development under ORS 197.505 to 197.540. (2) The provisions of subsection (1) of this section do not apply to the delay or stopping of the issuance of permits, authorizati…
ORS 197.530 Correction program; procedures. (1) A city, county or special district that adopts a moratorium on construction or land development in conformity with ORS 197.520 (1) and (2) shall within 60 days after the effective date of the moratorium adopt a program to correct the problem creating the moratorium. The program shall be presented at a public hearing. The city, county or special district shall give at least 14 days’ advance notice to the Department of Land Conservation and Development of the time and date of the public hearing
1.0K chars
(2) No moratorium adopted under ORS 197.520 (2) shall be effective for a period longer than six months from the date on which the corrective program is adopted, but such a moratorium may be extended provided the city, county or special district adopting the moratorium holds a pub…
ORS 197.540 Review by Land Use Board of Appeals. (1) In the manner provided in ORS 197.830 to 197.845, the Land Use Board of Appeals shall review upon petition by a county, city or special district governing body or state agency or a person or group of persons whose interests are substantially affected, any moratorium on construction or land development or a corrective program alleged to have been adopted in violation of the provisions of ORS 197.505 to 197.540
1.2K chars
(2) If the board determines that a moratorium or corrective program was not adopted in compliance with the provisions of ORS 197.505 to 197.540, the board shall issue an order invalidating the moratorium. (3) All review proceedings conducted by the Land Use Board of Appeals under…
ORS 197.550 [1995 s.s. c.3 §20; repealed by 1996 c.12 §14]
0.0K chars
[Repealed or reserved.]
ORS 197.553 [1995 s.s. c.3 §19; repealed by 1996 c.12 §14]
0.0K chars
[Repealed or reserved.]
ORS 197.556 [1995 s.s. c.3 §21; repealed by 1996 c.12 §14]
0.0K chars
[Repealed or reserved.]
ORS 197.559 [1995 s.s. c.3 §23; repealed by 1996 c.12 §14]
0.0K chars
[Repealed or reserved.]