Chapter 215 — Chapter 215
199 sections in this chapter.
ORS 215.455 Effect of approval of winery on land use laws. Any winery approved under ORS 215.213, 215.283, 215.284, 215.452 and 215.453 is not a basis for an exception under ORS 197.732 (2)(a) or (b). [1989 c.525 §5; 2007 c.71 §73; 2011 c.679 §9]
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[Repealed or reserved.]
ORS 215.456 Siting winery as commercial activity in exclusive farm use zone. (1) A local government may authorize the siting of a winery, on land zoned for exclusive farm use, pursuant to the standards that apply to a commercial activity in conjunction with farm use under ORS 215.213 (2)(c) or 215.283 (2)(a) or other law if the winery
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(a) Does not qualify for siting under ORS 215.452 or 215.453; or (b) Seeks to carry out uses or activities that are not authorized by ORS 215.452 or 215.453. (2) If a county authorizes the establishment of a winery on land zoned for exclusive farm use or mixed farm and forest use…
ORS 215.457 Youth camps allowed in forest zones and mixed farm and forest zones. A person may establish a youth camp
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(1) On land zoned for forest use or mixed farm and forest use, consistent with rules adopted by the Land Conservation and Development Commission. (2) On land in eastern Oregon, as defined in ORS 321.805, that is zoned for exclusive farm use and is composed predominantly of class …
ORS 215.459 Private campground in forest zones and mixed farm and forest zones; yurts; rules. (1)(a) Subject to the approval of the county governing body or its designee, a private campground may be established in an area zoned for forest use or mixed farm and forest use. Subject to the approval of the county governing body or its designee, the campground may provide yurts for overnight camping. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. The yurt shall be located on the ground or on a wood floor with no permanent foundation
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(b) A public park or campground may be established as provided in ORS 195.120 in an area zoned for forest use or mixed farm and forest use. (2) Upon request of a county governing body, the Land Conservation and Development Commission may provide by rule for an increase in the num…
ORS 215.460 [1963 c.619 §15; repealed by 1971 c.13 §1]
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[Repealed or reserved.]
ORS 215.461 Guest ranch; conditions; permissible uses; reporting. (1) As used in this section and ORS 215.462
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(a) “Guest lodging unit” means a guest room in a lodge, bunkhouse, cottage or cabin used only for transient overnight lodging and not for a permanent residence. (b) “Guest ranch” means a facility for guest lodging units, passive recreational activities described in subsection (6)…
ORS 215.462 Limitations on guest ranch. (1) Notwithstanding ORS 215.283, the governing body of a county or its designee may not allow a guest ranch in conjunction with
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(a) A campground as described in ORS 215.283 (2). (b) A golf course as described in ORS 215.283 (2). (2) Notwithstanding ORS 215.263, the governing body of a county or its designee may not approve a proposed division of land in an exclusive farm use zone for a guest ranch. (3) Th…
ORS 215.490 Recreational vehicles on occupied residential properties. (1) As used in this section
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(a) “Recreational vehicle” means a recreational vehicle that has not been rendered structurally immobile and is titled with the Department of Transportation. (b) “Rural area” means an area zoned for rural residential use as defined in ORS 215.501 or land that is within the urban …
ORS 215.495 Accessory dwelling units. (1) As used in this section
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(a) “Accessory dwelling unit” has the meaning given that term in ORS 215.501. (b) “Area zoned for rural residential use” has the meaning given that term in ORS 215.501. (c) “Single-unit dwelling” has the meaning given that term in ORS 215.501. (2) Consistent with a county’s compr…
ORS 215.501 Conversion of historic homes to accessory dwelling units. (1) As used in this section
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(a) “Accessory dwelling unit” means a residential structure that is used in connection with or that is auxiliary to a single-unit dwelling. (b) “Area zoned for rural residential use” means land that is not located inside an urban growth boundary as defined in ORS 197.015 and that…
ORS 215.503 Legislative act by ordinance; mailed notice to individual property owners required by county for land use actions. (1) As used in this section, “owner” means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete tax assessment roll
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(2) All legislative acts relating to comprehensive plans, land use planning or zoning adopted by the governing body of a county shall be by ordinance. (3) Except as provided in subsection (6) of this section and in addition to the notice required by ORS 215.060, at least 20 days …
ORS 215.505 [1969 c.324 §1; repealed by 1977 c.664 §42]
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[Repealed or reserved.]
ORS 215.508 [1977 c.664 §38; repealed by 1999 c.1 §8]
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[Repealed or reserved.]
ORS 215.510 [1969 c.324 §2; 1973 c.80 §47; repealed by 1977 c.664 §42]
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[Repealed or reserved.]
ORS 215.513 Forwarding of notice to property purchaser. (1) A mortgagee, lienholder, vendor or seller of real property who receives a mailed notice required by this chapter shall promptly forward the notice to the purchaser of the property. Each mailed notice required by this chapter shall contain the following statement: “NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER.”
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(2) Mailed notices to owners of real property required by this chapter shall be deemed given to those owners named in an affidavit of mailing executed by the person designated by the governing body of a county to mail the notices. The failure of a person named in the affidavit to…
ORS 215.515 [1969 c.324 §3; 1973 c.80 §48; repealed by 1977 c.766 §16]
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[Repealed or reserved.]
ORS 215.520 [1969 c.324 §4; repealed by 1977 c.664 §42]
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[Repealed or reserved.]
ORS 215.525 [1969 c.324 §6; repealed by 1977 c.664 §42]
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[Repealed or reserved.]
ORS 215.530 [1969 c.324 §7; repealed by 1977 c.664 §42]
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[Repealed or reserved.]
ORS 215.535 [1969 c.324 §5; 1973 c.80 §49; repealed by 1977 c.664 §42]
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COUNTY CONSTRUCTION CODES
ORS 215.605 Counties authorized to adopt housing codes. For the protection of the public health, welfare and safety, the governing body of a county may adopt ordinances establishing housing codes for the county, or any portion thereof, except where housing code ordinances are in effect on August 22, 1969, or where such ordinances are enacted by an incorporated city subsequent to August 22, 1969. Such housing code ordinances may adopt by reference published codes, or any portion thereof, and a certified copy of such code or codes shall be filed with the county clerk of said county. [1969 c.418 §1]
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[Repealed or reserved.]
ORS 215.606 Standards for clustered mailboxes in county roads and rights-of-way. Each county in this state shall adopt standards and specifications for clustered mailboxes within the boundaries of county roads and rights-of-way that conform to the standards and specifications for such mailboxes contained in the State of Oregon Structural Specialty Code. [2011 c.488 §3]
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Note: 215.606 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 215.610 [1969 c.418 §2; 1979 c.190 §407; repealed by 1983 c.327 §16]
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[Repealed or reserved.]
ORS 215.615 Application and contents of housing ordinances. The provisions of housing code ordinances authorized by ORS 215.605 and this section shall apply to all buildings or portions thereof used, or designed or intended to be used for human habitation, and shall include, but not be limited to
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(1) Standards for space, occupancy, light, ventilation, sanitation, heating, exits and fire protection. (2) Inspection of such buildings. (3) Procedures whereby buildings or portions thereof which are determined to be substandard are declared to be public nuisances and are requir…
ORS 215.620 [1997 c.552 §30; renumbered 455.422 in 1999]
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FARMLAND AND FORESTLAND ZONES (Lot or Parcel of Record Dwellings)
ORS 215.700 Resource land dwelling policy. The Legislative Assembly declares that land use regulations limit residential development on some less productive resource land acquired before the owners could reasonably be expected to know of the regulations. In order to assist these owners while protecting the state’s more productive resource land from the detrimental effects of uses not related to agriculture and forestry, it is necessary to
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(1) Provide certain owners of less productive land an opportunity to build a dwelling on their land; and (2) Limit the future division of and the siting of dwellings upon the state’s more productive resource land. [1993 c.792 §10] (Temporary provisions relating to rezoning of far…
ORS 215.705 Dwellings in farm or forest zone; criteria; transferability of application. (1) A governing body of a county or its designate may allow the establishment of a single-unit dwelling on a lot or parcel located within a farm or forest zone as set forth in this section and ORS 215.710, 215.720, 215.740 and 215.750 after notifying the county assessor that the governing body intends to allow the dwelling. A dwelling under this section may be allowed if
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(a) The lot or parcel on which the dwelling will be sited was lawfully created and was acquired by the present owner: (A) Prior to January 1, 1985; or (B) By devise or by intestate succession from a person who acquired the lot or parcel prior to January 1, 1985. (b) The tract on …
ORS 215.710 High-value farmland description for ORS 215.705. (1) For purposes of ORS 215.705, high-value farmland is land in a tract composed predominantly of soils that, at the time the siting of a dwelling is approved for the tract, are
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(a) Irrigated and classified prime, unique, Class I or Class II; or (b) Not irrigated and classified prime, unique, Class I or Class II. (2) In addition to that land described in subsection (1) of this section, for purposes of ORS 215.705, high-value farmland, if outside the Will…
ORS 215.720 Criteria for forestland dwelling under ORS 215.705. (1) A dwelling authorized under ORS 215.705 may be allowed on land zoned for forest use under a goal protecting forestland only if
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(a) The tract on which the dwelling will be sited is in western Oregon, as defined in ORS 321.257, and is composed of soils not capable of producing 5,000 cubic feet per year of commercial tree species and is located within 1,500 feet of a public road as defined under ORS 368.001…
ORS 215.730 Additional criteria for forestland dwelling under ORS 215.705. (1) A local government shall require as a condition of approval of a single-unit dwelling allowed under ORS 215.705 on lands zoned forestland that
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(a)(A) If the lot or parcel is more than 30 acres in eastern Oregon as defined in ORS 321.805, the property owner submits a stocking survey report to the assessor and the assessor verifies that the minimum stocking requirements adopted under ORS 527.610 to 527.770 have been met; …
ORS 215.740 Large tract forestland dwelling; criteria; rules. (1) If a dwelling is not allowed under ORS 215.720 (1), a dwelling may be allowed on land zoned for forest use under a goal protecting forestland if it complies with other provisions of law and is sited on a tract
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(a) In eastern Oregon of at least 240 contiguous acres except as provided in subsection (3) of this section; or (b) In western Oregon of at least 160 contiguous acres except as provided in subsection (3) of this section. (2) For purposes of subsection (1) of this section, a tract…
ORS 215.750 Alternative forestland dwelling; criteria. (1) As used in this section, “center of the subject tract” means the mathematical centroid of the tract
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(2) In western Oregon, a governing body of a county or its designate may allow the establishment of a single-unit dwelling on a lot or parcel located within a forest zone if the lot or parcel is predominantly composed of soils that are: (a) Capable of producing 0 to 49 cubic feet…
ORS 215.755 Other forestland dwellings; criteria. Subject to the approval of the governing body or its designee, the following dwellings may be established in any area zoned for forest use under a land use planning goal protecting forestland, provided that the requirements of the acknowledged comprehensive plan, land use regulations and other applicable provisions of law are met
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(1) Alteration, restoration or replacement of a lawfully established dwelling, as described in ORS 215.291. (2) One manufactured dwelling or recreational vehicle, or the temporary use of an existing building, in conjunction with an existing dwelling as a temporary use for the ter…
ORS 215.757 Accessory dwellings supporting family forestry; conditions. (1) As used in this section, “owner or a relative” means the owner of the lot or parcel, or a relative of the owner or the owner’s spouse, including a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew or first cousin of either
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(2) A county may approve a new single-unit dwelling on a lot or parcel zoned for forest use provided: (a) The new single-unit dwelling will be on a lot or parcel no smaller than the minimum size allowed under ORS 215.780; (b) The new single-unit dwelling will be on a lot or parce…
ORS 215.760 Agricultural buildings on land zoned for forest use or mixed farm and forest use. (1) An agricultural building, as defined in ORS 455.315, customarily provided in conjunction with farm use or forest use is an authorized use on land zoned for forest use or for mixed farm and forest use
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(2) A person may not convert an agricultural building authorized by this section to another use. [2013 c.73 §2] (Lot or Parcel Sizes)
ORS 215.780 Minimum lot or parcel sizes; land division to establish a dwelling; recordation. (1) Except as provided in subsection (2) of this section, the following minimum lot or parcel sizes apply to all counties
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(a) For land zoned for exclusive farm use and not designated rangeland, at least 80 acres; (b) For land zoned for exclusive farm use and designated rangeland, at least 160 acres; and (c) For land designated forestland, at least 80 acres. (2) A county may adopt a lower minimum lot…
ORS 215.783 Land division to preserve open space or park; qualification for special assessment. (1) The governing body of a county or its designee may approve a proposed division by partition of land in a forest zone or a mixed farm and forest zone to create one new parcel if the proposed division of land is for the purpose of allowing a provider of public parks or open space, or a not-for-profit land conservation organization, to purchase one of the resulting parcels as provided in this section
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(2) A parcel created by the land division that is not sold to a provider of public parks or open space or to a not-for-profit land conservation organization must comply with the following: (a) If the parcel contains a dwelling or another use allowed under ORS chapter 215, the par…
ORS 215.785 Exception to minimum lot or parcel sizes. (1) As used in this section, notwithstanding ORS 215.010, “parcel” has the meaning given that term in ORS 92.010
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(2) Notwithstanding the minimum lot or parcel size established under ORS 215.780 (1), when a portion of a lawfully established unit of land has been included within an urban growth boundary and redesignated for urban uses under the applicable acknowledged comprehensive plan and t…
ORS 215.788 Legislative review of lands zoned for farm and forest use; criteria. (1) For the purposes of correcting mapping errors made in the acknowledgment process and updating the designation of farmlands and forestlands for land use planning, a county may conduct a legislative review of lands in the county to determine whether the lands planned and zoned for farm use, forest use or mixed farm and forest use are consistent with the definitions of “agricultural lands” or “forest lands” in goals relating to agricultural lands or forestlands
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(2) A county may undertake the reacknowledgment process authorized by this section only if the Department of Land Conservation and Development approves a work plan, from the county, describing the expected scope of reacknowledgment. The department may condition approval of a work…
ORS 215.791 Review of nonresource lands for ecological significance; inventory and protection of ecologically significant nonresource lands; criteria. (1) If a county amends its comprehensive plan or a land use regulation mapping zoning designations under ORS 215.788 to 215.794, the county shall review lands that are planned or rezoned as nonresource lands to determine whether the lands contain ecologically significant natural areas or resources. The county shall consider appropriate goals and the “Oregon Conservation Strategy” prepared in September of 2006 by the State Department of Fish and Wildlife
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(2) The county shall maintain an inventory in the comprehensive plan of nonresource lands that contain ecologically significant natural areas or resources and establish a program to protect the areas or resources from the adverse effects of new uses allowed by the planning or zon…
ORS 215.794 Review of county rezoning designations; rules. (1) A county shall submit decisions on planning and rezoning designations under ORS 215.788 to 215.794 to the Department of Land Conservation and Development for review pursuant to the procedures set forth in this section and ORS 197.659
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(2) The department shall coordinate with: (a) The State Department of Agriculture in reviewing decisions on planning and rezoning designations for lands planned for farm use or mixed farm and forest use. (b) The State Forestry Department in reviewing decisions on planning and rez…
ORS 215.799 Location of dwellings on wildlife habitat land. (1) New and existing dwellings may be allowed on a lot or parcel subject to wildlife habitat special assessment under ORS 308A.403 to 308A.430 as follows
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(a) Lawfully existing dwellings, pursuant to ORS 215.130 (5) to (11), may remain. (b) For a lot or parcel without an existing dwelling, dwellings may be allowed if each dwelling for which the landowner seeks approval complies with all applicable requirements under the county’s ac…
ORS 215.800 [1993 c.764 §1; 1997 c.504 §1; 2001 c.708 §8; 2003 c.454 §§86,88; 2003 c.621 §72; repealed by 2003 c.539 §33]
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[Repealed or reserved.]
ORS 215.801 [2001 c.708 §7; 2003 c.454 §90; 2003 c.621 §73; repealed by 2003 c.539 §33]
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[Repealed or reserved.]
ORS 215.802 [1993 c.764 §2; 1997 c.504 §2; 2001 c.708 §9; repealed by 2003 c.539 §33]
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[Repealed or reserved.]
ORS 215.804 [1993 c.764 §3; 1997 c.504 §3; repealed by 2003 c.539 §33]
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[Repealed or reserved.]
ORS 215.806 [1993 c.764 §4; 1999 c.59 §59; 2001 c.708 §10; repealed by 2003 c.539 §33]
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[Repealed or reserved.]
ORS 215.808 [1993 c.764 §5; 1997 c.504 §4; 1999 c.314 §61; 1999 c.503 §8; 1999 c.842 §2; 2001 c.708 §11; 2003 c.454 §§92,94; 2003 c.621 §74; repealed by 2003 c.539 §33]
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[Repealed or reserved.]
ORS 215.990 [Subsections (1) and (2) enacted as 1955 c.439 §11; subsection (5) enacted as 1969 c.324 §8; 1971 c.13 §4; repealed by 1977 c.766 §16]
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CHAPTERS 216 TO 220 [Reserved for expansion] _______________