Title 19, Miscellaneous Matters Related to Government and Public Affairs

As used in this chapter: (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 f…

(1) As used in ORS chapter 197A, and except as provided in subsection (2) of this section: (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 …

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]

(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 follo…

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 governme…

(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: (a) One year after the city’s deadline for completing a housing capacity determination under ORS 197A.270 (2), 197A.280…

(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. (2) The submission under subsection (1) of this…

(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: (a) The number of residential units per…

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 se…

(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: (a) Increasing housing production; (b) Developing affordable and …

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: (1) A decision is not subject to the requirements of ORS 197.797. (2) A …

(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: (a) Includes only land that is zoned for resident…

(1) This section applies only to a land use decision for residential development based on an application for: (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 sect…

(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. (2) Many persons of lower, middle and fixed income depend on government as…

(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, 197…

(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 t…

(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: (a) The lot or parcel is in an area identified for urban ser…

(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. (2) If the total housing production target is greater than the housing capacity of development-read…

(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. (2) A refinement plan is more detailed than a comprehensive plan and appli…

(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: (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 growt…

(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 sha…

(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. (2) Notwithstanding subsection (1) of this section, lands not needed for …

As used in ORS 197A.230 to 197A.250: (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 pla…

The Legislative Assembly finds that: (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 ne…

(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.2…

(1) A county and Metro must consider simultaneously the designation and establishment of: (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 …

(1) To ensure that the supply of land available for urbanization is maintained: (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…

(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:…

(1) This section applies only to local governments with jurisdiction over lands inside the urban growth boundary of: (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 Comm…

(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 a…

(1) This section applies only to cities that are not within Metro or described in ORS 197A.270 (1). (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 La…

(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. (2) The Land Conservation and Developmen…

As used in ORS 197A.300 to 197A.325, “serviceable” means, with respect to land, that: (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 …

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: …

(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. (2) A city outside Metro may use …

(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. (2) The commission…

(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. (2) The commissio…

(1) As used in this section, “district” means: (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 di…

(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. (2) The board shall review the final decision of…

(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 with…

(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. (2) In fulfilling a requirement to comply with this chapter, a local government may plan for the appro…

(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 wit…

(1) This section applies only to Metro. (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) A…

(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: (a) First priority is land that is designated urban reserve land under ORS 197A.245, rule or M…

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 ord…

(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. (2)(a) Metro shall take such action as necessary under ORS 197A.350 (6)(a) to accomm…

(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. (2) Regional governments other than Metro, including counties or intergovernmental en…

(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. (2) Performance measures subje…

(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 th…

(1) Within an urban growth boundary, a local government shall allow a residential treatment facility or residential treatment home, as those terms are defined in ORS 443.400, without requiring a plan amendment, zone change or conditional use permit for property that is: (a) Owned…