279 sections in this chapter.
ORS 197.562 [1995 s.s. c.3 §24; repealed by 1996 c.12 §14]
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[Repealed or reserved.]
ORS 197.565 [1995 s.s. c.3 §22; repealed by 1996 c.12 §14]
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[Repealed or reserved.]
ORS 197.568 [1995 s.s. c.3 §25; repealed by 1996 c.12 §14]
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[Repealed or reserved.]
ORS 197.571 [1995 s.s. c.3 §26; repealed by 1996 c.12 §14]
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[Repealed or reserved.]
ORS 197.574 [1995 s.s. c.3 §27; repealed by 1996 c.12 §14]
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[Repealed or reserved.]
ORS 197.577 [1995 s.s. c.3 §28; repealed by 1996 c.12 §14]
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[Repealed or reserved.]
ORS 197.581 [1995 s.s. c.3 §29; repealed by 1996 c.12 §14]
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[Repealed or reserved.]
ORS 197.584 [1995 s.s. c.3 §30; repealed by 1996 c.12 §14]
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[Repealed or reserved.]
ORS 197.587 [1995 s.s. c.3 §30a; 1997 c.800 §10; renumbered 267.334 in 1997]
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[Repealed or reserved.]
ORS 197.590 [1995 s.s. c.3 §31; repealed by 1996 c.12 §14]
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[Repealed or reserved.]
ORS 197.605 [1981 c.748 §3; repealed by 1983 c.827 §59]
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POST-ACKNOWLEDGMENT PROCEDURES
ORS 197.610 Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development; rules. (1) Before a local government adopts a change, including additions and deletions, to an acknowledged comprehensive plan or a land use regulation, the local government shall submit the proposed change to the Director of the Department of Land Conservation and Development. The Land Conservation and Development Commission shall specify, by rule, the deadline for submitting proposed changes, but in all cases the proposed change must be submitted at least 20 days before the local government holds the first evidentiary hearing on adoption of the proposed change. The commission may not require a local government to submit the proposed change more than 35 days before the first evidentiary hearing
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(2) If a local government determines that emergency circumstances beyond the control of the local government require expedited review, the local government shall submit the proposed changes as soon as practicable, but may submit the proposed changes after the applicable deadline.…
ORS 197.612 Comprehensive plan or land use regulation changes to conform plan or regulations to new requirement in statute, goal or rule. (1) Notwithstanding contrary provisions of state and local law, a local government that proposes a change to an acknowledged comprehensive plan or a land use regulation solely for the purpose of conforming the plan and regulations to new requirements in a land use statute, statewide land use planning goal or rule of the Land Conservation and Development Commission implementing the statutes or goals may take action to change the comprehensive plan or the land use regulation without holding a public hearing if
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(a) The local government gives notice to the Department of Land Conservation and Development of the proposed change in the manner provided by ORS 197.610 and 197.615; and (b) The department confirms in writing that the only effect of the proposed change is to conform the comprehe…
ORS 197.615 Submission of adopted comprehensive plan or land use regulation changes to Department of Land Conservation and Development. (1) When a local government adopts a proposed change to an acknowledged comprehensive plan or a land use regulation, the local government shall submit the decision to the Director of the Department of Land Conservation and Development within 20 days after making the decision
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(2) The submission must contain the following materials: (a) A copy of the signed decision, the findings and the text of the change to the comprehensive plan or land use regulation; (b) If a comprehensive plan map or zoning map is created or altered by the proposed change, a copy…
ORS 197.620 Appeal of certain comprehensive plan or land use regulation decision-making. (1) A decision to not adopt a legislative amendment or a new land use regulation is not appealable unless the amendment is necessary to address the requirements of a new or amended goal, rule or statute
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(2) Notwithstanding the requirements of ORS 197.830 (2) that a person have appeared before the local government orally or in writing to seek review of a land use decision, the Director of the Department of Land Conservation and Development or any other person may appeal the decis…
ORS 197.622 Amendments to acknowledged comprehensive plan or land use regulation after remand from Land Use Board of Appeals. When a local government adopts a change to an acknowledged comprehensive plan or land use regulation, and the Land Use Board of Appeals remands all or a portion of that decision based solely on inadequate findings or evidence, if the local government adopts the same changes following remand with revised findings and additional evidence responding to the remand, then a party may not raise new issues that could have been but were not previously raised before the board, but may only challenge the revised findings or additional evidence. [2023 c.551 §2]
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[Repealed or reserved.]
ORS 197.625 Acknowledgment of comprehensive plan or land use regulation changes; application prior to acknowledgment. (1) A local decision adopting a change to an acknowledged comprehensive plan or a land use regulation is deemed to be acknowledged when the local government has complied with the requirements of ORS 197.610 and 197.615 and either
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(a) The 21-day appeal period set out in ORS 197.830 (9) has expired and a notice of intent to appeal has not been filed; or (b) If an appeal has been timely filed, the Land Use Board of Appeals affirms the local decision or, if an appeal of the decision of the board is timely fil…
ORS 197.626 Submission of land use decisions that expand urban growth boundary or designate urban or rural reserves. (1) A local government shall submit for review and the Land Conservation and Development Commission shall review the following final land use decisions in the manner provided for review of a work task under ORS 197.633 and subject to subsection (3) of this section
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(a) An amendment of an urban growth boundary by a metropolitan service district that adds more than 100 acres to the area within its urban growth boundary; (b) An amendment of an urban growth boundary by a city with a population of 2,500 or more within its urban growth boundary t…
ORS 197.627 Meaning of “compliance with the goals” for certain purposes. For the purposes of acknowledgment under ORS 197.251, board review under ORS 197.805 to 197.855, review of a proposed regional problem-solving agreement under ORS 197.652 to 197.658 or periodic review under ORS 197.628 to 197.651, “compliance with the goals” means the comprehensive plan and regulations, on the whole, conform with the purposes of the goals and any failure to meet individual goal requirements is technical or minor in nature. [Formerly 197.747]
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Note: 197.627 was made a part of ORS chapter 197 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
ORS 197.628 Periodic review; policy; conditions that indicate need for periodic review. (1) It is the policy of the State of Oregon to require the periodic review of comprehensive plans and land use regulations in order to respond to changes in local, regional and state conditions to ensure that the plans and regulations remain in compliance with the statewide planning goals adopted pursuant to ORS 197.230, and to ensure that the plans and regulations make adequate provision for economic development, needed housing, transportation, public facilities and services and urbanization
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(2) The Land Conservation and Development Commission shall concentrate periodic review assistance to local governments on achieving compliance with those statewide land use planning laws and goals that address economic development, needed housing, transportation, public facilitie…
ORS 197.629 Schedule for periodic review; coordination. (1) The Land Conservation and Development Commission shall establish and maintain a schedule for periodic review of comprehensive plans and land use regulations. Except as necessary to coordinate approved periodic review work programs and to account for special circumstances that from time to time arise, the schedule shall reflect the following timelines
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(a) A city with a population of more than 2,500 within a metropolitan planning organization or a metropolitan service district shall conduct periodic review every seven years after completion of the previous periodic review; and (b) A city with a population of 10,000 or more insi…
ORS 197.630 [1981 c.748 §5c; repealed by 1983 c.827 §59]
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[Repealed or reserved.]
ORS 197.631 Commission to amend regulations to facilitate periodic review. In order to use state and local periodic review resources most efficiently and effectively and to concentrate periodic review on adequate provision of economic development, needed housing, transportation, public facilities and services and urbanization, the Land Conservation and Development Commission shall adopt, amend or repeal the statewide land use planning goals, guidelines and corresponding rules as necessary to facilitate periodic review and to provide for compliance by local governments with those goals not described in ORS 197.628 (2) through the post-acknowledgment procedures of ORS 197.610 to 197.625. [1999 c.622 §11; 2005 c.829 §3; 2015 c.261 §3]
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[Repealed or reserved.]
ORS 197.633 Two phases of periodic review; rules; appeal of decision on work program; schedule for completion; extension of time on appeal. (1) The periodic review process is divided into two phases. Phase one is the evaluation of the existing comprehensive plan, land use regulations and citizen involvement program and, if necessary, the development of a work program to make needed changes to the comprehensive plan or land use regulations. Phase two is the completion of work tasks outlined in the work program
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(2) The Land Conservation and Development Commission shall adopt rules for conducting periodic review that address: (a) Initiating periodic review; (b) Citizen participation; (c) The participation of state agencies; (d) The preparation, review and approval of a work program; and …
ORS 197.635 [1981 c.748 §6; repealed by 1983 c.827 §59]
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[Repealed or reserved.]
ORS 197.636 Procedures and actions for failure to meet periodic review deadlines. (1) Upon good cause shown by a local government, the Director of the Department of Land Conservation and Development may allow the local government an extension of time for submitting a work program or completing a work task. A decision by the director to grant or deny an extension may be referred to the Land Conservation and Development Commission by the director. The Department of Land Conservation and Development or the commission shall not extend the deadline for submitting a work program more than once nor for more than 90 days, and shall not extend the deadline for a work task more than once nor for more than one year
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(2) If a local government fails to submit a work program or to complete a work task by the deadline set by the director or the commission, including any extension that has been granted, the director shall schedule a hearing before the commission. The commission shall issue an ord…
ORS 197.637 [1999 c.622 §12; 2001 c.908 §4; 2023 c.13 §87; renumbered 197A.205 in 2023]
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[Repealed or reserved.]
ORS 197.638 Department of Land Conservation and Development may request review by Oregon Business Development Department of local inventory and analysis of industrial and commercial land. (1) Upon request of the Department of Land Conservation and Development, the Oregon Business Development Department shall review the inventory and analysis of industrial and commercial land, and measures taken to address the land needs, required of certain local governments under ORS 197.712. The review shall address the likely effect of measures developed by a local government on the adequacy of the supply of sites and opportunities to satisfy needs identified under ORS 197.712
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(2) The Land Conservation and Development Commission and the Director of the Department of Land Conservation and Development shall consider the review and any recommendations of the Oregon Business Development Department when determining whether a local government has complied wi…
ORS 197.639 State assistance teams; alternative coordination process; grant and technical assistance funding; priority of population forecasting program; advisory committee. (1) In addition to coordination between state agencies and local government established in certified state agency coordination programs, the Department of Land Conservation and Development may establish one or more state assistance teams made up of representatives of various agencies and local governments, utilize the Economic Revitalization Team established under ORS 284.555 or institute an alternative process for coordinating agency participation in the periodic review of comprehensive plans
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(2) The Economic Revitalization Team may work with a city to create a voluntary comprehensive plan review that focuses on the unique vision of the city, instead of conducting a standard periodic review, if the team identifies a city that the team determines can benefit from a cus…
ORS 197.640 [1981 c.748 §9; 1983 c.827 §11; 1987 c.69 §1; 1987 c.729 §7; 1987 c.856 §8; repealed by 1991 c.612 §23]
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[Repealed or reserved.]
ORS 197.641 [1983 c.827 §11b; 1987 c.729 §8a; repealed by 1991 c.612 §23]
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[Repealed or reserved.]
ORS 197.643 [1983 c.827 §11c; 1987 c.729 §9; repealed by 1991 c.612 §23]
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[Repealed or reserved.]
ORS 197.644 Modification of work program; exclusive jurisdiction of Land Conservation and Development Commission. (1) The Director of the Department of Land Conservation and Development may authorize or direct a local government to modify an approved work program when
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(a) Issues of regional or statewide significance arising out of another local government’s periodic review require an enhanced level of coordination; (b) Issues of goal compliance are raised as a result of completion of a work task resulting in a need to undertake further review …
ORS 197.645 [1983 c.827 §11d; 1987 c.729 §10; repealed by 1991 c.612 §23]
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[Repealed or reserved.]
ORS 197.646 Implementation of new requirement in goal, rule or statute; rules. (1) A local government shall amend its acknowledged comprehensive plan or acknowledged regional framework plan and land use regulations implementing either plan by a self-initiated post-acknowledgment process under ORS 197.610 to 197.625 to comply with a new requirement in land use statutes, statewide land use planning goals or rules implementing the statutes or the goals
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(2)(a) The Department of Land Conservation and Development shall notify local governments when a new requirement in land use statutes, statewide land use planning goals or rules implementing the statutes or the goals requires changes to an acknowledged comprehensive plan, an ackn…
ORS 197.647 [1983 c.827 §11e; 1987 c.69 §2; 1987 c.729 §11; repealed by 1991 c.612 §23]
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[Repealed or reserved.]
ORS 197.649 Fees for notice; rules. The Land Conservation and Development Commission may establish by rule fees to cover the cost of notice given to persons by the Director of the Department of Land Conservation and Development under ORS 197.610 (4) and 197.615 (3). [1983 c.827 §11f; 1985 c.565 §28; 1991 c.612 §15; 2013 c.1 §20]
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Note: See note under 197.646.
ORS 197.650 Appeal to Court of Appeals; standing. (1) A Land Conservation and Development Commission final order issued pursuant to ORS 197.180, 197.251, 197.626, 197.628 to 197.651, 197.652 to 197.658, 197.659, 215.780 or 215.788 to 215.794 may be appealed to the Court of Appeals by persons who participated in proceedings, if any, that led to issuance of the final order being appealed
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(2) Jurisdiction for judicial review of a final order of the commission issued pursuant to ORS 197.180, 197.251, 197.626, 197.628 to 197.651, 197.652 to 197.658, 197.659, 215.780 or 215.788 to 215.794 is conferred upon the Court of Appeals. [1981 c.748 §10; 1983 c.827 §52; 1989 c…
ORS 197.651 Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission. (1) Judicial review of a final order of the Land Conservation and Development Commission under ORS 197.626 concerning the designation of urban reserves under ORS 197A.245 (1)(b) or rural reserves under ORS 197A.235 is as provided in subsections (3) to (12) of this section
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(2) Judicial review of any other final order of the commission under ORS 197.626 or of a final order of the commission under 197.180, 197.251, 197.628 to 197.651, 197.652 to 197.658, 197.659, 215.780 or 215.788 to 215.794 is as provided in subsections (3) to (7), (9), (10) and (1…
ORS 197.652 Regional problem-solving process. (1) At the request of a county and at least one other local government in a region, the Department of Land Conservation and Development, other state agencies, as defined in ORS 171.133, metropolitan planning organizations, special districts and advisory committees on transportation may participate with the local governments in a collaborative regional problem-solving process
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(2) If requested to participate, the department shall assist the county with the process and encourage regional efforts to resolve land use planning problems using the authorities described in ORS 197.652 to 197.658. (3) The county, in cooperation with the other local governments…
ORS 197.654 Regional problem-solving goals, actions and agreements; implementation. (1) After the Land Conservation and Development Commission approves a proposal for regional problem-solving under ORS 197.652, the participants shall develop proposed actions to resolve the problems identified in the work scope. The participants must agree to
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(a) Regional goals that describe how the region intends to resolve each regional problem described in the work scope; (b) Actions necessary to achieve the regional goals, including changes to comprehensive plans or land use regulations; (c) Measurable indicators of performance an…
ORS 197.656 Commission approval of comprehensive plans not in compliance with goals; written statement of disapproval; participation by state agencies; use of resource lands; rules. (1) After the adoption of changes to comprehensive plans and land use regulations to implement a regional problem-solving agreement under ORS 197.652 to 197.658, the local governments that are participants shall submit the changes to the Land Conservation and Development Commission for review in the manner set forth in this section
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(2) Following the procedures set forth in this subsection, the commission may approve changes to comprehensive plans and land use regulations that do not fully comply with the statewide land use planning goals, without taking an exception under ORS 197.732, upon a determination t…
ORS 197.658 Modifying local work plan. In addition to the provisions of ORS 197.644, the Land Conservation and Development Commission may modify an approved work program when a local government has agreed to participate in a collaborative regional problem-solving process pursuant to ORS 197.654 and 197.656. [1996 c.6 §6]
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[Repealed or reserved.]
ORS 197.659 Commission approval of certain changes in comprehensive plans or land use regulations. (1) The Land Conservation and Development Commission shall grant, deny or remand approval of proposed changes to a comprehensive plan or land use regulations adopted pursuant to ORS 197.652 to 197.658 or 215.788 to 215.794 within 120 days after the date that the local government submits the proposed changes
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(2) The Department of Land Conservation and Development shall prepare a report stating whether the proposed changes comply with applicable statutes, goals and commission rules. The department shall provide a reasonable opportunity for persons to prepare and submit written comment…
ORS 197.660 Definitions. As used in ORS 197.660 to 197.667
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(1) “Residential facility” means a residential care or residential training facility, as those terms are defined in ORS 443.400, that provides residential care alone or in conjunction with treatment or training or a combination thereof for six to fifteen individuals who need not …
ORS 197.663 Legislative findings. The Legislative Assembly finds and declares that
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(1) It is the policy of this state that persons with disabilities and elderly persons are entitled to live as normally as possible within communities and should not be excluded from communities because their disability or age requires them to live in groups; (2) There is a growin…
ORS 197.665 Locations of residential homes. In addition to allowing residential homes within an urban growth boundary under ORS 197A.385
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(1) Residential homes are a permitted use in: (a) Any residential zone, including a residential zone which allows a single-unit dwelling; and (b) Any commercial zone which allows a single-unit dwelling. (2) A city or county may not impose any zoning requirement on the establishme…
ORS 197.667 Location of residential facility; application and supporting documentation. (1) A residential facility is a permitted use in any zone where multiunit housing is a permitted use
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(2) A residential facility is a conditional use in any zone where multiunit housing is a conditional use. (3) A city or county may allow a residential facility in a residential zone other than those zones described in subsections (1) and (2) of this section, including a zone wher…
ORS 197.670 [1989 c.564 §6; 2025 c.38 §14; repealed by 2025 c.559 §61]
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CHILD CARE FACILITIES
ORS 197.671 Siting of family child care homes and child care centers. (1) As used in this section
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(a) “Child care center” means a: (A) Child care facility, other than a family child care home, that is certified under ORS 329A.280 (3); (B) Preschool recorded program or school-age recorded program recorded under ORS 329A.255; or (C) Parent cooperative, as defined in ORS 329A.25…