Title 19, Miscellaneous Matters Related to Government and Public Affairs

The Legislative Assembly finds and declares that: (1) It is the policy of this state that persons with disabilities and elderly persons are entitled to live as normally as possible within communities and should not be excluded from communities because their disability or age requ…

In addition to allowing residential homes within an urban growth boundary under ORS 197A.385: (1) Residential homes are a permitted use in: (a) Any residential zone, including a residential zone which allows a single-unit dwelling; and (b) Any commercial zone which allows a singl…

(1) A residential facility is a permitted use in any zone where multiunit housing is a permitted use. (2) A residential facility is a conditional use in any zone where multiunit housing is a conditional use. (3) A city or county may allow a residential facility in a residential z…

(1) As used in this section: (a) “Child care center” means a: (A) Child care facility, other than a family child care home, that is certified under ORS 329A.280 (3); (B) Preschool recorded program or school-age recorded program recorded under ORS 329A.255; or (C) Parent cooperati…

In that the agricultural workers in this state benefit the social and economic welfare of all of the people in Oregon by their unceasing efforts to bring a bountiful crop to market, the Legislative Assembly declares that it is the policy of this state to insure adequate agricultu…

The Legislative Assembly finds that: (1) This state has a large stock of existing farmworker housing that does not meet minimum health and safety standards and is in need of rehabilitation; (2) It is not feasible to rehabilitate much of the existing farmworker housing stock to me…

(1) The availability of decent, safe and sanitary housing opportunities for farmworkers is a matter of statewide concern. (2) Farmworker housing within the rural area of a county shall be permitted in a zone or zones in rural centers and areas committed to nonresource uses. (3) A…

It was the intent of the Legislative Assembly in enacting ORS chapters 195, 196, 197, 197A, 215 and 227 not to prohibit, deter, delay or increase the cost of appropriate development, but to enhance economic development and opportunity for the benefit of all citizens. [1983 c.827 …

(1) In addition to the findings and policies set forth in ORS 197.005, 197.010 and 215.243, the Legislative Assembly finds and declares that, in carrying out statewide comprehensive land use planning, the provision of adequate opportunities for a variety of economic activities th…

(1) Notwithstanding statewide land use planning goals relating to urbanization or to public facilities and services, a county or its designee may authorize: (a) Industrial development, including accessory uses subordinate to the industrial development, in buildings of any size an…

(1) Notwithstanding the authority granted in ORS 197.713 and 197.716 to allow industrial or other employment use development, when a county or its designee considers action under ORS 197.713 or 197.716 for land within 10 miles of the urban growth boundary of a city, the county or…

(1) As used in this section: (a) “Economic opportunity analysis” means an analysis performed by a county that: (A) Identifies the major categories of industrial uses or other employment uses that could reasonably be expected to expand or locate in the county based on a review of …

(1) State agencies shall provide technical assistance to local governments in: (a) Planning and zoning land adequate in amount, size, topography, transportation access and surrounding land use and public facilities for the special needs of various industrial and commercial uses; …

(1) As used in this section, “abandoned or diminished mill site” means a mill, plant or other facility engaged in the processing or manufacturing of wood products, including sawmills and facilities for the production of plywood, veneer, hardboard, panel products, pulp and paper, …

As used in ORS 197.722 to 197.728: (1) “Industrial use” means employment activities, including, but not limited to, manufacturing, assembly, fabrication, processing, storage, logistics, warehousing, importation, distribution and transshipment and research and development, that ge…

(1) Within three years after June 28, 2011, in cooperation with local governments and private industry, the Economic Recovery Review Council, by rule, shall designate at least five and not more than 15 regionally significant industrial areas. The council shall base the designatio…

(1) An applicant for a new industrial use or the expansion of an existing industrial use located within a regionally significant industrial area may request that an application for a land use permit be reviewed as an application for an expedited industrial land use permit under t…

The Land Conservation and Development Commission shall administer regionally significant industrial areas and may adopt rules as necessary to implement ORS 197.722 to 197.728. [2011 c.564 §11] Note: See note under 197.722.

(1) As used in this section: (a) “Community microgrid” means a microgrid that is located within a geographical area that a local government designates as a microgrid zone under this section. (b) “Consumer-owned utility,” “electric company” and “governing body” have the meanings g…

(1) As used in this section: (a) “Compatible” is not intended as an absolute term meaning no interference or adverse impacts of any type with adjacent uses. (b) “Exception” means a comprehensive plan provision, including an amendment to an acknowledged comprehensive plan, that: (…

(1) The Land Conservation and Development Commission shall adopt or amend rules regarding the statewide planning goal criteria described in ORS 197.732 (2)(a) and (b). The rules adopted or amended pursuant to this subsection must allow a local government to rezone land in an area…

The Land Conservation and Development Commission shall amend goals, in accordance with ORS 197.240 and 197.245, and amend and adopt rules and guidelines, as necessary, to implement the provisions of this section and ORS 197.340 and 197.732. [1995 c.521 §4]

Within the urban growth boundary of a city with a population greater than 25,000, local governments shall allow, subject to reasonable local regulations relating to siting and design, the development of at least one dwelling unit on each platted lot that is zoned to allow for sin…

(1) As used in this section, “special district” has the meaning given that term in ORS 197.505. (2)(a) A local government or special district may adopt a public facilities strategy if the public facilities strategy: (A)(i) Is acknowledged under ORS 197.251; or (ii) Is approved by…

(1) Any firearms training facility in existence on September 9, 1995, shall be allowed to continue operating until such time as the facility is no longer used as a firearms training facility. (2) For purposes of this section, a “firearms training facility” is an indoor or outdoor…

(1) Notwithstanding any other provision of law, a local government shall allow a property owner to refuse to consent to any form of historic property designation at any point during the designation process. Such refusal to consent shall remove the property from any form of consid…

(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. (2) A building or cluster of buildings used as an emergency shelter under an approval gran…

(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…

(1) As used in this section: (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 o…

(1) As used in this section, “railroad company” has the meaning given that term in ORS 824.200. (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 ap…

(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…

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 l…

(1) As used in this section, “transportation facility” means any physical facility that moves or assists in the movement of people or goods. (2) The Land Conservation and Development Commission shall adopt rules or amend existing rules as necessary to allow a city or county to pr…

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 enacti…

(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 chairp…

(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 practic…

(1) The Land Use Board of Appeals shall conduct review proceedings upon petitions filed in the manner prescribed in ORS 197.830. (2) In conducting review proceedings the members of the board may sit together or separately as the board chairperson shall decide. (3) The board chair…

(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 …

(1) The Land Use Board of Appeals shall either reverse, remand or affirm a limited land use decision on review. (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…

(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: (a) Is inconsistent with the express language of the comprehensive plan o…

(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. (2) Except as provided in ORS 197.620, a person may petition the board for review of a land us…

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 pr…

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 …

(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. (b) If a local government demonstrates that a land use decision ado…

(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): (a) Any period of delay up to 120 days resulting from the board’s deferring all or part of its consideration of a pe…

(1) The Land Use Board of Appeals shall award attorney fees to: (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 t…