Chapter 197 — Chapter 197
279 sections in this chapter.
ORS 197.256 Acknowledgment deadline for newly incorporated cities. Cities incorporated after January 1, 1982, shall have their comprehensive plans and land use regulations acknowledged under ORS 197.251 no later than four years after the date of incorporation. [Formerly 197.757]
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[Repealed or reserved.]
ORS 197.260 [1973 c.80 §44; 1981 c.748 §29c; renumbered 195.040 in 1993]
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[Repealed or reserved.]
ORS 197.265 State compensation for costs of defending compliance actions. (1) As used in this section, “action” includes but is not limited to a proceeding under ORS 197.830 to 197.845
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(2) If any action is brought against a local government challenging any comprehensive plan, land use regulation or other action of the local government which was adopted or taken for the primary purpose of complying with the goals approved under ORS 197.240 and which does in fact…
ORS 197.270 Copies of comprehensive plan and land use regulations; post review. Within six months following completion of the periodic review process, the affected local government shall file three complete and accurate copies of its comprehensive plan and land use regulations with the Department of Land Conservation and Development. This document can be either a new printing or an up-to-date compilation of the required materials. [1987 c.729 §13]
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[Repealed or reserved.]
ORS 197.274 Review of Metro regional framework plan. (1) The Metro regional framework plan, its separate components and amendments to the regional framework plan or to its separate components are subject to review
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(a) For compliance with land use planning statutes, statewide land use planning goals and administrative rules corresponding to the statutes and goals, in the same manner as a comprehensive plan for purposes of: (A) Acknowledgment of compliance with the goals under ORS 197.251; a…
ORS 197.275 [1973 c.80 §40; 1977 c.664 §21; repealed by 1981 c.748 §56]
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[Repealed or reserved.]
ORS 197.277 Oregon Forest Practices Act; exclusion. (1) The goals and rules established in ORS chapters 195, 196, 197 and 197A do not apply to programs, rules, procedures, decisions, determinations or activities carried out under the Oregon Forest Practices Act administered under ORS 527.610 to 527.770, 527.990 (1) and 527.992
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(2) No goal or rule shall be adopted, construed or administered in a manner to require or allow local governments to take any action prohibited by ORS 527.722. (3) The Land Conservation and Development Commission shall amend goals and rules as necessary to implement ORS 197.180, …
ORS 197.279 Approved wetland conservation plans comply with goals; exception; rules. (1) Wetland conservation plans approved by the Director of the Department of State Lands pursuant to ORS chapter 196 shall be deemed to comply with the requirements of statewide planning goals relating to other than estuarine wetlands for those areas, uses and activities which are regulated by the wetland conservation plans
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(2) Wetland conservation plans shall be adopted and amended by local governments according to the procedures of ORS 197.610 to 197.625. (3) The department shall adopt by rule: (a) Standards for cities and counties to use to inventory and identify wetlands; and (b) Criteria for ci…
ORS 197.280 [1973 c.80 §41; repealed by 1977 c.664 §42 and 1977 c.766 §16]
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[Repealed or reserved.]
ORS 197.283 Commission to assure protection of ground water resources. (1) The Land Conservation and Development Commission shall take actions it considers necessary to assure that city and county comprehensive plans and land use regulations and state agency coordination programs are consistent with the goal set forth in ORS 468B.155
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(2) The commission shall direct the Department of Land Conservation and Development to take actions the department considers appropriate to assure that any information contained in a city or county comprehensive plan that pertains to the ground water resource of Oregon shall be f…
ORS 197.285 [1973 c.80 §42; repealed by 1981 c.748 §56]
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[Repealed or reserved.]
ORS 197.286 [Formerly 197.295; 2022 c.54 §5; 2023 c.13 §12; 2023 c.283 §1; 2023 c.326 §8; renumbered 197A.015 in 2023]
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[Repealed or reserved.]
ORS 197.290 [2019 c.640 §4; 2021 c.164 §3; 2023 c.13 §28; 2023 c.326 §15; renumbered 197A.100 in 2023]
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[Repealed or reserved.]
ORS 197.291 [2019 c.640 §5; 2023 c.13 §31; 2023 c.326 §17; renumbered 197A.103 in 2023]
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[Repealed or reserved.]
ORS 197.293 [2019 c.640 §6; 2023 c.13 §14; 2023 c.326 §10; renumbered 197A.130 in 2023]
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[Repealed or reserved.]
ORS 197.295 [1981 c.884 §4; 1983 c.795 §1; 1987 c.785 §1; 1989 c.648 §51; 1991 c.226 §16; 1991 c.612 §12; 1995 c.79 §73; 1995 c.547 §2; 2019 c.422 §29; renumbered 197.286 in 2019]
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[Repealed or reserved.]
ORS 197.296 [1995 c.547 §3; 2001 c.908 §1; 2003 c.177 §1; 2015 c.27 §19; 2017 c.102 §1; 2019 c.639 §5; 2019 c.640 §8a; 2021 c.164 §3a; 2023 c.13 §25; 2023 c.326 §13; renumbered 197A.350 in 2023]
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[Repealed or reserved.]
ORS 197.297 [2021 c.164 §2; 2023 c.13 §26; renumbered 197A.335 in 2023]
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[Repealed or reserved.]
ORS 197.298 [1995 c.547 §5; 1999 c.59 §56; 2013 c.575 §12; 2023 c.13 §77; renumbered 197A.355 in 2023]
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[Repealed or reserved.]
ORS 197.299 [1997 c.763 §2; 2001 c.908 §2; 2005 c.590 §1; 2007 c.579 §2; 2014 c.92 §5; 2017 c.199 §1; 2019 c.640 §9; 2021 c.164 §4; 2023 c.13 §78; renumbered 197A.362 in 2023]
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[Repealed or reserved.]
ORS 197.300 [1973 c.80 §51; 1977 c.664 §22; repealed by 1979 c.772 §26]
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[Repealed or reserved.]
ORS 197.301 [1997 c.763 §3; renumbered 197A.370 in 2023]
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[Repealed or reserved.]
ORS 197.302 [1997 c.763 §4; 2001 c.908 §3; 2023 c.13 §79; renumbered 197A.372 in 2023]
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[Repealed or reserved.]
ORS 197.303 [1981 c.884 §6; 1983 c.795 §2; 1989 c.380 §1; 2011 c.354 §2; 2017 c.745 §4; 2019 c.639 §6; 2019 c.640 §10a; 2023 c.13 §27; 2023 c.223 §18a; 2023 c.326 §14; renumbered 197A.348 in 2023]
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[Repealed or reserved.]
ORS 197.304 [2007 c.650 §2; 2023 c.13 §80; renumbered 197A.278 in 2023]
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[Repealed or reserved.]
ORS 197.305 [1973 c.80 §52; 1977 c.664 §23; repealed by 1979 c.772 §26]
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[Repealed or reserved.]
ORS 197.307 [1981 c.884 §5; 1983 c.795 §3; 1989 c.380 §2; 1989 c.964 §6; 1993 c.184 §3; 1997 c.733 §2; 1999 c.357 §1; 2001 c.613 §2; 2011 c.354 §3; 2017 c.745 §5; 2019 c.401 §§7,14; 2022 c.54 §2; 2023 c.13 §81; 2023 c.533 §§1,2; subsections (1) to (3) renumbered 197A.200 and subsections (4) to (7) renumbered 197A.400 in 2023]
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[Repealed or reserved.]
ORS 197.308 [2021 c.385 §1; 2022 c.47 §4; 2023 c.334 §6; 2023 c.521 §1a; 2023 c.548 §1; renumbered 197A.445 in 2023]
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[Repealed or reserved.]
ORS 197.309 [1999 c.848 §2; 2007 c.691 §8; 2016 c.59 §1; 2019 c.412 §1; renumbered 197A.465 in 2023]
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[Repealed or reserved.]
ORS 197.310 [1973 c.80 §53; 1977 c.664 §24; repealed by 1979 c.772 §26]
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[Repealed or reserved.]
ORS 197.311 [2017 c.745 §1; 2021 c.446 §3; renumbered 197A.470 in 2023]
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[Repealed or reserved.]
ORS 197.312 [1983 c.795 §5; 1989 c.964 §7; 2001 c.437 §1; 2001 c.613 §3; 2011 c.354 §4; 2017 c.745 §6; 2018 c.15 §7; 2019 c.639 §7; 2022 c.54 §4; subsections (1) to (4) renumbered 197A.395 and subsections (5) and (6) renumbered 197A.425 in 2023]
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[Repealed or reserved.]
ORS 197.313 [1983 c.795 §6; 2023 c.13 §82; renumbered 197A.020 in 2023]
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[Repealed or reserved.]
ORS 197.314 [1993 c.184 §2; 1997 c.295 §1; 1999 c.348 §7; 2005 c.22 §139; 2011 c.354 §5; 2022 c.54 §1; renumbered 197.478 in 2023]
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[Repealed or reserved.]
ORS 197.315 [1973 c.80 §54; 1977 c.664 §25; repealed by 1979 c.772 §26]
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ENFORCEMENT OF PLANNING REQUIREMENTS
ORS 197.319 Procedures prior to request of an enforcement order. (1) Before a person may request adoption of an enforcement order under ORS 197.320, the person shall
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(a) Present the reasons, in writing, for such an order to the affected local government; and (b) Request: (A) Revisions to the local comprehensive plan, land use regulations, special district cooperative or urban service agreement or decision-making process which is the basis for…
ORS 197.320 Power of commission to order compliance with goals and plans. The Land Conservation and Development Commission shall issue an order requiring a local government, state agency or special district to take action necessary to bring its comprehensive plan, land use regulation, limited land use decisions or other land use decisions or actions into compliance with the goals, acknowledged comprehensive plan provisions, land use regulations, housing production strategy or housing acceleration agreements if the commission has good cause to believe
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(1) A comprehensive plan or land use regulation adopted by a local government not on a compliance schedule is not in compliance with the goals by the date set in ORS 197.245 or 197.250 for such compliance. (2) A plan, program, rule or regulation affecting land use adopted by a st…
ORS 197.324 Proceedings prior to order of compliance with goals; disclosure notice. (1) On its own motion, the Land Conservation and Development Commission may initiate a proceeding to carry out the provisions of ORS 197.320. If the commission proceeds on its own motion, it shall proceed as set forth in ORS 197.328
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(2)(a) After a person meets the requirements of ORS 197.319, the person may file a petition to request that the commission consider the matter. Filing occurs upon mailing the petition to the Department of Land Conservation and Development. (b) The commission shall determine if th…
ORS 197.325 [1973 c.80 §45; repealed by 1977 c.664 §42]
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[Repealed or reserved.]
ORS 197.328 Procedures to consider order to comply with goals. If a proceeding is initiated under ORS 197.324, the following procedures apply
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(1) The Land Conservation and Development Commission shall hold a hearing to consider the petition or shall appoint a hearings officer to consider the petition under the provisions of ORS chapter 183 applicable to contested cases, except as otherwise provided in this section. (2)…
ORS 197.330 [1973 c.80 §50; repealed by 1977 c.664 §42]
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[Repealed or reserved.]
ORS 197.335 Enforcement order; review of order; withholding grant funds; injunctions. (1) The Land Conservation and Development Commission shall mail a copy of an enforcement order to the local government, state agency or special district. An order must set forth
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(a) The nature of the noncompliance, including, but not limited to, the contents of the comprehensive plan or land use regulation, if any, of a local government that do not comply with the goals or the contents of a plan, program or regulation affecting land use adopted by a stat…
ORS 197.340 Weight given to goals in planning practice; regional diversity and needs. (1) The Land Conservation and Development Commission, the Department of Land Conservation and Development, other state agencies and local governments shall give the goals equal weight in any matter in which the goals are required to be applied
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(2) The commission and the department shall consider and recognize regional diversity and differences in regional needs when making or reviewing a land use decision or otherwise applying the goals. [1981 c.748 §20; 1987 c.729 §1; 1995 c.521 §2]
ORS 197.350 Burden of persuasion or proof in appeal to board or commission. (1) A party appealing a land use decision or limited land use decision made by a local government to the board or Land Conservation and Development Commission has the burden of persuasion
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(2) A local government that claims an exception to a goal adopted by the commission has the burden of persuasion. (3) There shall be no burden of proof in administrative proceedings under ORS chapters 195, 196, 197 and 197A. [1981 c.748 §10a; 1983 c.827 §43; 1991 c.817 §26]
ORS 197.352 [2005 c.1; 2007 c.354 §28; 2007 c.424 §4; renumbered 195.305 in 2007]
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[Repealed or reserved.]
ORS 197.353 Measure 37 timelines; death of claimant. (1) As used in this section
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(a) “Claimant” means a person that makes a Measure 37 claim. (b) “Measure 37 claim” means a written demand for compensation under ORS 197.352. (c) “Land use regulation” has the meaning given that term in ORS 197.352. (d) “Owner” has the meaning given that term in ORS 197.352. (e)…
ORS 197.360 [1995 c.595 §7; 2015 c.260 §1; 2025 c.476 §19; renumbered 197A.142 in 2025]
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[Repealed or reserved.]
ORS 197.365 [1995 c.595 §8; 2015 c.260 §3; 2021 c.103 §6; 2025 c.476 §20; renumbered 197A.140 in 2025]
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[Repealed or reserved.]
ORS 197.370 [1995 c.595 §9; 2021 c.103 §7; repealed by 2025 c.476 §21]
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[Repealed or reserved.]
ORS 197.375 [1995 c.595 §10; 2003 c.598 §37; 2021 c.103 §8; repealed by 2025 c.476 §21]
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[Repealed or reserved.]