Chapter 197 — Chapter 197
279 sections in this chapter.
ORS 197.779 [2019 c.640 §15; repealed by 2021 c.385 §6]
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[Repealed or reserved.]
ORS 197.780 [1973 c.482 §12; repealed by 1977 c.665 §24]
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[Repealed or reserved.]
ORS 197.782 Emergency shelters developed under certain authorization. (1) As used in this section, “emergency shelter” means a building or cluster of buildings that provides shelter on a temporary basis for individuals and families who lack permanent housing
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(2) A building or cluster of buildings used as an emergency shelter under an approval granted under ORS 197.783 or section 11, chapter 12, Oregon Laws 2020 (first special session): (a) May resume its use as an emergency shelter after an interruption or abandonment of that use for…
ORS 197.783 Local approval of emergency shelters; process; limitations. (1) A local government shall approve an application for the development or use of land for an emergency shelter, as defined in ORS 197.782, on any property, notwithstanding this chapter or ORS chapter 195, 197A, 215 or 227 or any statewide land use planning goal, rule of the Land Conservation and Development Commission or local land use regulation, zoning ordinance, regional framework plan, functional plan or comprehensive plan, if the emergency shelter
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(a) Includes sleeping and restroom facilities for clients; (b) Will comply with applicable building codes; (c) Is located inside an urban growth boundary or in an area zoned for rural residential use as defined in ORS 215.501; (d) Will not result in the development of a new build…
ORS 197.785 [1973 c.482 §13; repealed by 1977 c.665 §24]
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[Repealed or reserved.]
ORS 197.790 [1973 c.482 §14; repealed by 1977 c.665 §24]
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[Repealed or reserved.]
ORS 197.791 Inventory of local government surplus real property; report. (1) As used in this section
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(a) “Local government” means a city or county. (b) “Surplus real property” means real property in which a government entity holds title through a deed or other legal instrument that is no longer suitable or needed for the duties and responsibilities of the government entity. (2) …
ORS 197.794 Notice to railroad company upon certain applications. (1) As used in this section, “railroad company” has the meaning given that term in ORS 824.200
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(2) If a railroad-highway crossing provides or will provide the only access to land that is the subject of an application for a land use decision or a limited land use decision, the applicant must indicate that fact in the application submitted to the decision maker. (3) The deci…
ORS 197.795 [1973 c.482 §10; repealed by 1977 c.665 §24]
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[Repealed or reserved.]
ORS 197.796 Applicant for certain land use decisions may accept and appeal condition imposed on application; procedure; attorney fees. (1) An applicant under ORS 215.427 or 227.178 may accept a condition of approval imposed under ORS 215.416 or 227.175 and file a challenge to the condition under this section. Acceptance by an applicant under ORS 215.427 or 227.178 of a condition of approval imposed under ORS 215.416 or 227.175 does not constitute a waiver of the right to challenge the condition of approval. Acceptance of a condition may include but is not limited to paying a fee, performing an act or providing satisfactory evidence of arrangements to pay the fee or to ensure compliance with the condition
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(2) Any action for damages under this section shall be filed in the circuit court of the county in which the application was submitted within 180 days of the date of the decision. (3)(a) A challenge filed pursuant to this section may not be dismissed on the basis that the applica…
ORS 197.797 Local quasi-judicial land use hearings; notice requirements; hearing procedures. The following procedures shall govern the conduct of quasi-judicial land use hearings conducted before a local governing body, planning commission, hearings body or hearings officer on application for a land use decision and shall be incorporated into the comprehensive plan and land use regulations
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(1) An issue which may be the basis for an appeal to the Land Use Board of Appeals shall be raised not later than the close of the record at or following the final evidentiary hearing on the proposal before the local government. Such issues shall be raised and accompanied by stat…
ORS 197.798 Rules regulating transportation improvements by city or county. (1) As used in this section, “transportation facility” means any physical facility that moves or assists in the movement of people or goods
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(2) The Land Conservation and Development Commission shall adopt rules or amend existing rules as necessary to allow a city or county to propose transportation improvements located outside of that city or county when the city or county is considering an amendment to a functional …
ORS 197.805 Policy on review of land use decisions. It is the policy of the Legislative Assembly that time is of the essence in reaching final decisions in matters involving land use and that those decisions be made consistently with sound principles governing judicial review. It is the intent of the Legislative Assembly in enacting ORS 197.805 to 197.855 to accomplish these objectives. [1979 c.772 §1a; 1983 c.827 §28]
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[Repealed or reserved.]
ORS 197.810 Land Use Board of Appeals; appointment and removal of members; qualifications. (1) There is hereby created a Land Use Board of Appeals consisting of not more than three positions. Board members shall be appointed by the Governor subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. The board shall consist of a board chairperson chosen by the board members and such other board members as the Governor considers necessary. The members of the board shall serve terms of four years. A member is eligible for reappointment. The salaries of the members shall be fixed by the Governor unless otherwise provided for by law. The salary of a member of the board shall not be reduced during the period of service of the member
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(2) The Governor may at any time remove any member of the board for inefficiency, incompetence, neglect of duty, malfeasance in office or unfitness to render effective service. Before such removal the Governor shall give the member a copy of the charges against the member and sha…
ORS 197.815 Office location; proceedings may be conducted by telephone. (1) The principal office of the Land Use Board of Appeals shall be in the state capital, but the board may hold hearings in any county or city in order to provide reasonable opportunities to parties to appear before the board with as little inconvenience and expense as is practicable. Upon request of the board, the county or city governing body shall provide the board with suitable rooms for hearings held in that city or county
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(2) For the convenience of one or more of the parties, the board may hold hearings by telephone. [1983 c.827 §29; 1999 c.257 §2]
ORS 197.820 Duty to conduct review proceedings; authority to issue orders; rules. (1) The Land Use Board of Appeals shall conduct review proceedings upon petitions filed in the manner prescribed in ORS 197.830
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(2) In conducting review proceedings the members of the board may sit together or separately as the board chairperson shall decide. (3) The board chairperson shall apportion the business of the board among the members of the board. Each member shall have the power to hear and iss…
ORS 197.825 Jurisdiction of board; limitations; effect on circuit court jurisdiction. (1) Except as provided in ORS 197.320 and subsections (2) and (3) of this section, the Land Use Board of Appeals shall have exclusive jurisdiction to review any land use decision or limited land use decision of a local government, special district or a state agency in the manner provided in ORS 197.830 to 197.845
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(2) The jurisdiction of the board: (a) Is limited to those cases in which the petitioner has exhausted all remedies available by right before petitioning the board for review; (b) Is subject to the provisions of ORS 197.850 relating to judicial review by the Court of Appeals; (c)…
ORS 197.828 Board review of limited land use decision. (1) The Land Use Board of Appeals shall either reverse, remand or affirm a limited land use decision on review
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(2) The board shall reverse or remand a limited land use decision if: (a) The decision is not supported by substantial evidence in the record. The existence of evidence in the record supporting a different decision shall not be grounds for reversal or remand if there is evidence …
ORS 197.829 Board to affirm certain local government interpretations. (1) The Land Use Board of Appeals shall affirm a local government’s interpretation of its comprehensive plan and land use regulations, unless the board determines that the local government’s interpretation
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(a) Is inconsistent with the express language of the comprehensive plan or land use regulation; (b) Is inconsistent with the purpose for the comprehensive plan or land use regulation; (c) Is inconsistent with the underlying policy that provides the basis for the comprehensive pla…
ORS 197.830 (1) Review of land use decisions or limited land use decisions under ORS 197.830 to 197.845 shall be commenced by filing a notice of intent to appeal with the Land Use Board of Appeals
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(2) Except as provided in ORS 197.620, a person may petition the board for review of a land use decision or limited land use decision if the person: (a) Filed a notice of intent to appeal the decision as provided in subsection (1) of this section; and (b) Appeared before the loca…
ORS 197.831 Appellate review of clear and objective approval standards, conditions and procedures for needed housing. In a proceeding before the Land Use Board of Appeals or an appellate court that involves an ordinance required to contain clear and objective approval standards, conditions and procedures for housing, including under ORS 197A.200 and 197A.400, the local government imposing the provisions of the ordinance shall demonstrate that the approval standards, conditions and procedures are capable of being imposed only in a clear and objective manner. [1999 c.357 §5; 2011 c.354 §7; 2023 c.13 §90]
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[Repealed or reserved.]
ORS 197.832 Board Publications Account. The Board Publications Account is established in the General Fund. All moneys in the account are appropriated continuously to the Land Use Board of Appeals to be used for paying expenses incurred by the board under ORS 197.830 (17). Disbursements of moneys from the account shall be approved by a member of the board. [1985 c.119 §5; 1989 c.761 §24; 1995 c.595 §17; 1997 c.436 §3; 1999 c.257 §4; 1999 c.621 §6]
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[Repealed or reserved.]
ORS 197.835 (1)(a) The Land Use Board of Appeals shall review the land use decision or limited land use decision and prepare a final order affirming, reversing or remanding the land use decision or limited land use decision
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(b) If a local government demonstrates that a land use decision adopting a change to an acknowledged comprehensive plan or land use regulation contains a severability clause and specifically challenged portions of the changes may be reasonably severable from the remainder of the …
ORS 197.840 Exceptions to deadline for final decision. (1) The following periods of delay shall be excluded from the 77-day period within which the board must make a final decision on a petition under ORS 197.830 (14)
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(a) Any period of delay up to 120 days resulting from the board’s deferring all or part of its consideration of a petition for review of a land use decision or limited land use decision that allegedly violates the goals if the decision has been: (A) Submitted for acknowledgment u…
ORS 197.843 Attorney fees for development of housing. (1) The Land Use Board of Appeals shall award attorney fees to
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(a) An applicant whose application is only for the development of affordable housing, if the board reverses a quasi-judicial land use decision denying the application; (b) An applicant whose application is only for the development of housing and was approved by the local governme…
ORS 197.845 Stay of decision being reviewed; criteria; undertaking; conditions; limitations. (1) Upon application of the petitioner, the board may grant a stay of a land use decision or limited land use decision under review if the petitioner demonstrates
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(a) A colorable claim of error in the land use decision or limited land use decision under review; and (b) That the petitioner will suffer irreparable injury if the stay is not granted. (2) If the board grants a stay of a quasi-judicial land use decision or limited land use decis…
ORS 197.850 Judicial review of board order; procedures; scope of review; attorney fees; undertaking. (1) Any party to a proceeding before the Land Use Board of Appeals under ORS 197.830 to 197.845 may seek judicial review of a final order issued in those proceedings
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(2) Notwithstanding the provisions of ORS 183.480 to 183.540, judicial review of orders issued under ORS 197.830 to 197.845 is solely as provided in this section. (3)(a) Jurisdiction for judicial review of proceedings under ORS 197.830 to 197.845 is conferred upon the Court of Ap…
ORS 197.855 Deadline for final court order; exceptions. (1) The Court of Appeals shall issue a final order on a petition for review filed under ORS 197.850 within 91 days after oral argument on the petition
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(2) The following periods of delay shall be excluded from the 91-day period within which the court must issue a final order on a petition: (a) Any period of delay resulting from a motion properly before the court; or (b) Any reasonable period of delay resulting from a continuance…
ORS 197.860 Stay of proceedings to allow mediation
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All parties to an appeal may at any time prior to a final decision by the Court of Appeals under ORS 197.855 stipulate that the appeal proceeding be stayed for any period of time agreeable to the parties and the board or court to allow the parties to enter mediation. Following me…