Chapter 197A — Chapter 197A
94 sections in this chapter.
ORS 197A.015 Definitions. As used in this chapter
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(1) “Allocated housing need” means the housing need allocated to a city under ORS 184.453 (2) as segmented by income level under ORS 184.453 (4). (2) “Buildable lands” means lands in urban and urbanizable areas that are suitable, available and necessary for the development of nee…
ORS 197A.018 Definition of “needed housing.” (1) As used in ORS chapter 197A, and except as provided in subsection (2) of this section
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(a) “Needed housing” means housing by affordability level, as described in ORS 184.453 (4), type, characteristics and location that is necessary to accommodate the city’s allocated housing need over the 20-year planning period in effect when the city’s housing capacity is determi…
ORS 197A.020 Limitations on requiring contribution for government assisted housing. ORS chapter 197A does not require a city or county to contribute to the financing, administration or sponsorship of government assisted housing. [Formerly 197.313]
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[Repealed or reserved.]
ORS 197A.025 Policy; rulemaking principles. (1) In adopting rules under ORS chapter 197A and statewide planning goals relating to housing or urbanization, or administering the rules or statutes, the Land Conservation and Development Commission and Department of Land Conservation and Development shall be guided by the following principles
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(a) Housing that is safe, accessible and affordable in the community of their choice should be available to every Oregonian. (b) Building enough equitable housing must be a top priority. (c) The development and implementation of the housing production strategy should be the focal…
ORS 197A.030 Department support to local governments and tribes to incentivize needed housing. The Department of Land Conservation and Development may provide technical assistance and award grants to local governments and federally recognized Indian tribes in this state to enable local governments to implement the provisions of ORS chapter 197A and to enable local governments and tribes to take other actions to incentivize the production of needed housing within the jurisdiction of the local government or tribe or on lands owned or managed by a federally recognized Indian tribe. [2023 c.13 §10; 2025 c.38 §1]
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Note: 197A.030 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. STIMULATION OF HOUSING SUPPLY
ORS 197A.100 Housing production strategy. (1) A city with a population of 10,000 or greater shall develop and adopt a housing production strategy under this section no later than the latter of the date
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(a) One year after the city’s deadline for completing a housing capacity determination under ORS 197A.270 (2), 197A.280 (2) or 197A.335 (1); or (b) If the city was referred to the housing acceleration program under ORS 197A.130, three years following the most recent adoption of a…
ORS 197A.103 Review of housing production strategy; rules. (1) No later than 20 days after a city’s adoption or amendment of a housing production strategy under ORS 197A.100, a city shall submit the adopted strategy or amended strategy to the Department of Land Conservation and Development
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(2) The submission under subsection (1) of this section must include copies of: (a) The signed decision adopting the housing production strategy or amended strategy; (b) The text of the housing production strategy clearly indicating any amendments to the most recent strategy subm…
ORS 197A.110 City report on housing permitting and production. (1) Each year, by a date established by the Department of Land Conservation and Development, each city with a population of 10,000 or greater shall submit to the department a report for the immediately preceding calendar year setting forth
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(a) The number of residential units permitted and the number produced, segmented by: (A) Single-unit dwellings. (B) Accessory dwelling units. (C) Units of middle housing. (D) Multiunit housing, not including middle housing. (E) Units with accessibility features or of an accessibi…
ORS 197A.115 City report on implementation of housing production strategy. Between 12 and 18 months before a city’s deadline for completing a housing capacity determination under ORS 197A.270 (2), 197A.280 (2) or 197A.335 (1), each city with a population of 10,000 or greater shall submit to the Department of Land Conservation and Development a report setting forth the actions that a city has taken since its most recent housing capacity determination to implement its housing production strategy or to otherwise encourage the development of needed housing, to increase the affordability of housing, to reduce rent burdens, to affirmatively further fair housing or to otherwise meet the purposes of ORS 197A.100 (2). [2023 c.13 §38]
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[Repealed or reserved.]
ORS 197A.130 Cities with unmet housing needs; referral to housing acceleration program; housing acceleration agreement. (1) In developing and implementing this section and performing its duties under ORS 197.319 (4), the Department of Land Conservation and Development shall be guided by ORS 197A.025 (1) and the following principles
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(a) Increasing housing production; (b) Developing affordable and equitable housing; (c) Forming partnerships with cities and with other public bodies; (d) Responding proportionately to housing underproduction; (e) Escalating enforcement to address persistent, repeated or delibera…
ORS 197A.140 Expedited land division; procedures; application fee. Notwithstanding any other requirement applicable to a land use decision under ORS chapter 197 or 197A, for an application that is reviewed as an expedited land division based on the request of the applicant
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(1) A decision is not subject to the requirements of ORS 197.797. (2) A local government: (a) Shall make a decision to approve or deny the application within 63 days of receiving a completed application as described in ORS 215.246 or 227.178, based on whether the application sati…
ORS 197A.142 Eligibility for expedited land division. (1) If requested by the applicant, a local government shall approve a partition or subdivision made under ORS 92.010 to 92.192, 92.205 to 92.245 or 92.830 to 92.845 as an expedited land division under ORS 197A.140 if the division
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(a) Includes only land that is zoned for residential uses and is within an urban growth boundary. (b) Is solely for the purposes of residential use, including recreational or open space uses accessory to residential use. (c) Does not provide for dwellings or accessory buildings t…
ORS 197A.146 Expedited process for certain residential development applications. (1) This section applies only to a land use decision for residential development based on an application for
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(a) A zone change to allow for a denser residential use designation; (b) A planned unit development; or (c) A variance from a residential approval standard. (2) This section applies only to an application for land that is, at the time of the application: (a) Inside the urban grow…
ORS 197A.200 Local government planning for needed housing. (1) The availability of affordable, decent, safe and sanitary housing opportunities for persons of lower, middle and fixed income, including agriculture workforce housing, is a matter of statewide concern
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(2) Many persons of lower, middle and fixed income depend on government assisted housing as a source of affordable, decent, safe and sanitary housing. (3) A local government shall permit needed housing in one or more zoning districts or in zones described by some comprehensive pl…
ORS 197A.205 Housing and Community Services Department review of certain local housing measures. (1) Upon request of the Department of Land Conservation and Development, the Housing and Community Services Department shall review the inventory and analysis of housing, and measures taken to address the housing need, required of certain local governments under ORS 197A.270, 197A.280, 197A.335 or 197A.350. The review shall address the likely effect of measures and housing production strategies developed by a local government on the adequacy of the supply of buildable land and measures to address needed housing
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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 Housing and Community Services Department when determining whether a local government has complied…
ORS 197A.207 Zoning for urban services; capital improvement plan; tax assessment. (1) A local government may identify land inside an urban growth boundary for which the local government intends to provide urban services within the next five to seven years. The local government may evidence its intent by adopting a capital improvement plan reasonably designed to provide the urban services
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(2) A local government that identifies an area for planned urban services and adopts a capital improvement plan may zone the area for urban uses. A city that identifies land that is outside the city’s boundary but inside the urban growth boundary shall coordinate with the appropr…
ORS 197A.208 Disqualification of farm use assessment upon sale for land zoned for urban services. (1) Upon the sale of a lot or parcel located inside an urban growth boundary that is assessed at its value for farm use under ORS 308A.050 to 308A.128, the lot or parcel shall be disqualified for farm use assessment if
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(a) The lot or parcel is in an area identified for urban services under ORS 197A.207; and (b) The urban services are available by ordinance for urbanization. (2) Disqualification under subsection (1) of this section shall not apply to the sale of a lot or parcel to the owner’s sp…
ORS 197A.210 Development-ready lands. (1) At the time that a city is required to inventory its buildable lands under ORS 197A.270 (2), 197A.280 (2) or 197A.335 (1), the city shall inventory its development-ready lands
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(2) If the total housing production target is greater than the housing capacity of development-ready lands, the local government shall take any actions in ORS 197A.100 (3) that demonstrably prepare lands for development or redevelopment or increase the housing capacity of existin…
ORS 197A.212 Refinement plan; effect on procedures within plan area. (1) A local government may convene a land use proceeding to adopt a refinement plan for a neighborhood or community within its jurisdiction and inside the urban growth boundary as provided in this section
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(2) A refinement plan is more detailed than a comprehensive plan and applies to a specific geographic area. A refinement plan shall: (a) Establish efficient density ranges, including a minimum and a maximum density for residential land uses; (b) Establish minimum and maximum floo…
ORS 197A.215 Application to remove property from within urban growth boundary; conditions. (1) A local government may make a land use decision to approve an application to remove a lot or parcel from within an urban growth boundary if
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(a) The application is submitted by the owner of the lot or parcel; (b)(A) The lot or parcel is adjacent to the edge of the urban growth boundary; or (B) The lot or parcel is adjacent to another lot or parcel that is removed under this section; (c) The lot or parcel is assessed u…
ORS 197A.216 Removal of open spaces from buildable lands inventory. (1) At periodic review under ORS 197.633 next following approval of an application under ORS 308A.309, the local government shall remove any lot or parcel subject to the application from any inventory of buildable lands maintained by the local government. The local government shall compensate for the resulting reduction in available buildable lands either by increasing the development capacity of the remaining supply of buildable lands or by expanding the urban growth boundary
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(2) A landowner who wishes to reapply for current open space use assessment under ORS 308A.306 following the end of the assessment period shall reapply with the local government as provided in ORS 308A.309. [Formerly 197.186]
ORS 197A.218 Availability of urban facilities and services. (1) Lands within urban growth boundaries shall be available for urban development concurrent with the provision of key urban facilities and services in accordance with locally adopted development standards
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(2) Notwithstanding subsection (1) of this section, lands not needed for urban uses during the planning period may be designated for agricultural, forest or other nonurban uses. [Formerly 197.752] (Urban and Rural Reserves)
ORS 197A.230 Definitions for ORS 197A.230 to 197A.250. As used in ORS 197A.230 to 197A.250
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(1) “Rural reserve” means land reserved to provide long-term protection for agriculture, forestry or important natural landscape features that limit urban development or help define appropriate natural boundaries of urbanization, including plant, fish and wildlife habitat, steep …
ORS 197A.232 Findings regarding long-range planning. The Legislative Assembly finds that
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(1) Long-range planning for population and employment growth by local governments can offer greater certainty for: (a) The agricultural and forest industries, by offering long-term protection of large blocks of land with the characteristics necessary to maintain their viability; …
ORS 197A.235 Designation of rural and urban reserves pursuant to intergovernmental agreement; rules. (1) A county and a city or a county and Metro may enter into an intergovernmental agreement pursuant to ORS 190.003 to 190.130, 195.025 or 197.652 to 197.658 to designate rural reserves pursuant to this section at the same time as designating urban reserves pursuant to ORS 197A.245 (1)
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(2) Land designated as a rural reserve: (a) Must be outside an urban growth boundary. (b) May not be designated as an urban reserve during the urban reserve planning period described in ORS 197A.245 (4). (c) May not be included within an urban growth boundary during the period of…
ORS 197A.242 Coordinated and concurrent process for designation of urban and rural reserves. (1) A county and Metro must consider simultaneously the designation and establishment of
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(a) Rural reserves pursuant to ORS 197A.235; and (b) Urban reserves pursuant to ORS 197A.245 (1)(b). (2) An agreement to establish rural reserves pursuant to ORS 197A.235 and urban reserves pursuant to ORS 197A.245 (1)(b) must provide for a coordinated and concurrent process for …
ORS 197A.245 Urban reserves; rules. (1) To ensure that the supply of land available for urbanization is maintained
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(a) Local governments may cooperatively designate lands outside urban growth boundaries as urban reserves subject to ORS 197.610 to 197.625 and 197.626. (b) Alternatively, Metro and a county or a city and a county may enter into a written agreement pursuant to ORS 190.003 to 190.…
ORS 197A.250 Designation of certain Washington County lands. (1) For purposes of land use planning in Oregon, the Legislative Assembly designates the land in Washington County that was designated as rural reserve in Metro Resolution No. 11-4245, adopted on March 15, 2011, as the acknowledged rural reserve in Washington County, except that
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(a) The Legislative Assembly does not designate as rural reserves the real property in Area 5C on Metro’s map denominated as the “Urban and Rural Reserves in Washington County, Attachment A to Staff Report for Resolution No. 11-4245 (03/17/11 DRAFT),” that is more particularly de…
ORS 197A.270 Determination of housing capacity and accommodation of needed housing by cities with population of 25,000 or greater. (1) This section applies only to local governments with jurisdiction over lands inside the urban growth boundary of
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(a) Cities located outside Metro with a population of 25,000 or greater; and (b) Cities that meet factors established by the Land Conservation and Development Commission in consideration of the city’s size, rate of population growth or proximity to another city with a population …
ORS 197A.278 Lane County accommodation of needed housing. (1) Notwithstanding an intergovernmental agreement pursuant to ORS 190.003 to 190.130 or acknowledged comprehensive plan provisions to the contrary, a city within Lane County with a population of 50,000 or greater shall meet its obligation under ORS chapter 197A separately from any other city within Lane County. The city shall, separately from any other city
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(a) Establish an urban growth boundary, consistent with the jurisdictional area of responsibility specified in the acknowledged comprehensive plan; and (b) Demonstrate, as required by ORS 197A.270, that its comprehensive plan provides sufficient buildable lands within an urban gr…
ORS 197A.280 Determination of housing capacity and accommodation of needed housing by cities with population of less than 25,000. (1) This section applies only to cities that are not within Metro or described in ORS 197A.270 (1)
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(2) The actions required under subsection (3) of this section must be undertaken: (a) At periodic review pursuant to ORS 197.628 to 197.651; (b) On a schedule established by the Land Conservation and Development Commission for cities with a population of 10,000 or greater, not to…
ORS 197A.285 Priority of land to be included within urban growth boundaries; rules. (1) A city outside Metro shall comply with this section when determining which lands to include within the urban growth boundary of the city, including when amending an urban growth boundary under ORS 197A.270 (5)(a), 197A.310 or 197A.312
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(2) The Land Conservation and Development Commission shall provide, by rule, that: (a) When evaluating lands for inclusion within the urban growth boundary, the city shall establish a study area that includes all land that is contiguous to the urban growth boundary and within a d…
ORS 197A.300 Definition of “serviceable.” As used in ORS 197A.300 to 197A.325, “serviceable” means, with respect to land, that
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(1) Adequate sewer, water and transportation capacity for planned urban development is available or can be either provided or made subject to committed financing; or (2) Committed financing can be in place to provide adequate sewer, water and transportation capacity for planned u…
ORS 197A.302 Purposes; rules. The purpose of ORS 197A.300 to 197A.325 is to direct the Land Conservation and Development Commission to develop and adopt simplified methods for a city that is outside Metro to evaluate or amend the urban growth boundary of the city. The commission should design the methods to
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(1) Become, as a result of reduced costs, complexity and time, the methods that are used by most cities with growing populations to manage the urban growth boundaries of the cities; (2) Encourage, to the extent practicable given market conditions, the development of urban areas i…
ORS 197A.305 Alternative amendment process; rules. (1) As an alternative to the method prescribed in ORS 197A.270 (5)(a), the Land Conservation and Development Commission shall adopt by rule methods by which a city that is outside Metro may evaluate or amend the urban growth boundary of the city
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(2) A city outside Metro may use the methods adopted pursuant to: (a) ORS 197A.310 if the city has a population of less than 10,000. (b) ORS 197A.312 if the city has a population of 10,000 or greater. (3) A city that elects to include land within the urban growth boundary of the …
ORS 197A.310 Cities with population of less than 10,000; rules. (1) As an alternative to the method prescribed in ORS 197A.270 (5)(a), the Land Conservation and Development Commission shall adopt a method by which a city outside Metro that has a population of less than 10,000 may evaluate or amend its urban growth boundary
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(2) The commission shall design the method so that: (a) A city using the method: (A) Will have within its boundaries sufficient buildable lands and other development capacity, including land and capacity for needed housing and employment opportunities, to meet the growth in popul…
ORS 197A.312 Cities with population of 10,000 or greater; rules. (1) As an alternative to the method prescribed in ORS 197A.270 (5)(a), the Land Conservation and Development Commission shall adopt a method by which a city outside Metro that has a population of 10,000 or greater may evaluate or amend its urban growth boundary
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(2) The commission shall design the method so that: (a) A city using the method: (A) Will have within its boundaries sufficient buildable lands and other development capacity, including land and capacity for needed housing and employment opportunities, to meet the growth in popul…
ORS 197A.315 Expansion study areas; notice; urban service agreements. (1) As used in this section, “district” means
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(a) A domestic water supply district organized under ORS chapter 264. (b) A parks and recreation district organized under ORS chapter 266. (c) A sanitary district organized under ORS 450.005 to 450.245. (d) A rural fire protection district organized under ORS chapter 478. (2) Whe…
ORS 197A.320 [2013 c.575 §7; 2023 c.13 §24; renumbered 197A.285 in 2023]
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[Repealed or reserved.]
ORS 197A.325 Review of final decision of city; rules. (1) Notwithstanding ORS 197.626, when a city evaluates or amends the urban growth boundary of the city pursuant to ORS 197A.310 or 197A.312, the Land Use Board of Appeals has jurisdiction for review of a final decision of the city
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(2) The board shall review the final decision of the city under ORS 197A.285 and 197A.300 to 197A.325 as provided in ORS 197.805 to 197.855, except that: (a) In circumstances in which the Land Conservation and Development Commission has specified by rule a number or a range of nu…
ORS 197A.335 Determination of housing capacity and accommodation of needed housing by Metro cities. (1) At least once every six years, by a date scheduled by the Land Conservation and Development Commission, a city that is within Metro and has a population of 10,000 or greater shall determine its needed housing under ORS 197A.018 and inventory the supply of buildable lands within the city and determine the housing capacity of the buildable lands
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(2) The housing capacity determination and the needed housing analysis conducted under this section must be adopted as part of the city’s comprehensive plan no later than one year after completion of the needed housing analysis. (3) If the housing capacity and needed housing anal…
ORS 197A.340 Metro urbanizable lands; use in planning; county responsibility. (1) As used in this section, “Metro urbanizable lands” means lands within the Metro urban growth boundary that are not within a city and are not Metro urban unincorporated land
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(2) In fulfilling a requirement to comply with this chapter, a local government may plan for the appropriate urbanization of Metro urbanizable lands, by using methods including adjacent urbanizable lands: (a) In an intergovernmental agreement related to the urbanization of such l…
ORS 197A.348 Definition of “needed housing.” (1) Notwithstanding the definition of “needed housing” in ORS 197A.018, as used in ORS 197A.350 and this section, “needed housing” means all housing on land zoned for residential use or mixed residential and commercial use that is determined to meet the need shown for housing within an urban growth boundary at price ranges and rent levels that are affordable to households within the county with a variety of incomes, including but not limited to households with low incomes, very low incomes and extremely low incomes, as those terms are defined by the United States Department of Housing and Urban Development under 42 U.S.C. 1437a. “Needed housing” includes the following housing types
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(a) Attached and detached single-unit dwellings, middle housing types as described in ORS 197A.420 and multiunit housing for both owner and renter occupancy; (b) Government assisted housing; (c) Mobile home or manufactured dwelling parks as provided in ORS 197A.431 to 197A.438; (…
ORS 197A.350 Determination of housing capacity and accommodation of needed housing by Metro. (1) This section applies only to Metro
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(2)(a) Metro shall demonstrate that its regional framework plan provides sufficient buildable lands within the urban growth boundary established pursuant to statewide planning goals to accommodate estimated housing needs for 20 years: (A) At periodic review under ORS 197.628 to 1…
ORS 197A.355 Priority of land to be included within Metro urban growth boundary. (1) In addition to any requirements established by rule addressing urbanization, land may not be included within an urban growth boundary of Metro except under the following priorities
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(a) First priority is land that is designated urban reserve land under ORS 197A.245, rule or Metro action plan. (b) If land under paragraph (a) of this subsection is inadequate to accommodate the amount of land needed, second priority is land adjacent to an urban growth boundary …
ORS 197A.358 Metro urban growth boundary designation. For the purpose of land use planning in Oregon, the Legislative Assembly designates the urban growth boundary designated in Metro Ordinance No. 11-1264B, adopted October 20, 2011, as the acknowledged urban growth boundary of Metro, subject to the conditions of approval in the ordinance, except that
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(1) The real property in Area 7C on Metro’s map denominated as the “Urban and Rural Reserves in Washington County, Attachment A to Staff Report for Resolution No. 11-4245 (03/17/11 DRAFT),” is included within the acknowledged urban growth boundary. (2) The real property in Area 7…
ORS 197A.362 Timing of Metro accommodation of needed housing; lands for public schools. (1) Metro shall complete the inventory, determination and analysis required under ORS 197A.350 (3) not later than six years after completion of the previous inventory, determination and analysis
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(2)(a) Metro shall take such action as necessary under ORS 197A.350 (6)(a) to accommodate one-half of a 20-year buildable land supply determined under ORS 197A.350 (3) within one year of completing the analysis. (b) Metro shall take all final action under ORS 197A.350 (6)(a) nece…
ORS 197A.365 Metro housing coordination strategy. (1) Metro shall develop and adopt a housing coordination strategy under this section no later than one year after the deadline for completing a housing capacity determination under ORS 197A.350
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(2) Regional governments other than Metro, including counties or intergovernmental entities described under ORS 190.003 to 190.130, may adopt a housing coordination strategy as provided in this section. (3) A housing coordination strategy must include a list of actions, including…
ORS 197A.370 Metro report of performance measures. (1) Metro shall compile and report to the Department of Land Conservation and Development on performance measures as described in this section at least once every two years. The information shall be reported in a manner prescribed by the department
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(2) Performance measures subject to subsection (1) of this section shall be adopted by Metro and shall include but are not limited to measures that analyze the following: (a) The rate of conversion of vacant land to improved land; (b) The density and price ranges of residential d…
ORS 197A.372 Metro evaluation of accommodation of needed housing; corrective action; enforcement. (1) After gathering and compiling information on the performance measures as described in ORS 197A.370 but prior to submitting the information to the Department of Land Conservation and Development, Metro shall determine if actions taken under ORS 197A.350 (6) have established the buildable land supply and housing densities necessary to accommodate estimated housing needs determined under ORS 197A.350 (3). If Metro determines that the actions undertaken will not accommodate estimated need, Metro shall develop a corrective action plan, including a schedule for implementation. Metro shall submit the plan to the department along with the report on performance measures required under ORS 197A.370. Corrective action under this section may include amendment of the urban growth boundary, regional framework plan, functional plan or land use regulations as described in ORS 197A.350 (6)(b)
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(2) Within two years of submitting a corrective action plan to the department, Metro shall demonstrate by reference to the performance measures described in ORS 197A.370 that implementation of the plan has resulted in the buildable land supply and housing density within the urban…