ORS Chapter 197

Chapter 197 — ComprehensiveLand Use Planning Coordination

2009 EDITION

COMPREHENSIVELAND USE PLANNING COORDINATION

MISCELLANEOUSMATTERS

GENERALPROVISIONS

197.005 Legislativefindings

197.010 Policy

197.012 Compacturban development

197.013 Implementationand enforcement are of statewide concern

197.015 Definitionsfor ORS chapters 195, 196 and 197

197.020 Landuse decision considerations

197.022 Policyregarding ORS 215.433 and 227.184

LANDCONSERVATION AND DEVELOPMENT COMMISSION

197.030 LandConservation and Development Commission; members; appointment; confirmation;term; vacancies

197.035 Officers;quorum; compensation and expenses

197.040 Dutiesof commission; rules

197.045 Powersof commission

197.047 Noticeto local governments and property owners of changes to commission rules orcertain statutes; form; distribution of notice; costs

197.050 Interstateagreements and compacts; commission powers

197.060 Biennialreport; draft submission to legislative committee; contents

197.065 Biennialreport analyzing uses of certain land; annual local government reports

197.070 Publicinspection of assessments prepared by commission

DEPARTMENTOF LAND CONSERVATION AND DEVELOPMENT

197.075 Departmentof Land Conservation and Development

197.085 Director;appointment; compensation and expenses

197.090 Dutiesand authority of director; appealing local land use decision; rules

197.095 LandConservation and Development Account

ADVISORYCOMMITTEES

197.158 Policy-neutralreview and audit of statewide land use program

197.160 StateCitizen Involvement Advisory Committee; city and county citizen advisorycommittees

197.165 LocalOfficials Advisory Committee

COMPREHENSIVEPLANNING RESPONSIBILITIES

197.173 Findingsregarding coordination between state agencies and local governments

197.175 Cities’and counties’ planning responsibilities; rules on incorporations; compliancewith goals

197.178 Developmentapplications; urban residential density; reporting to Department of LandConservation and Development

197.180 Stateagency planning responsibilities; determination of compliance with goals andcompatibility with plans; coordination between agencies and local governments;rules; exceptions

197.183 Localgovernment to notify Department of Aviation of applications received forcertain water impoundments

197.186 Removalfrom buildable lands inventory of land subject to open space tax assessment;reapplication for assessment

197.195 Limitedland use decision; procedures

197.200 Refinementplan; procedures for land division, site or design review within area subjectto plan

GOALSCOMPLIANCE

197.225 Preparation;adoption

197.230 Considerations;finding of need required for adoption or amendment of goal

197.235 Publichearings; notice; citizen involvement implementation; submission of proposals

197.240 Commissionaction; public hearing; notice; amendment; adoption

197.245 Commissionamendment of initial goals; adoption of new goals

197.250 Compliancewith goals required

197.251 Complianceacknowledgment; commission review; rules; limited acknowledgment; complianceschedule

197.253 Participationin local proceedings required for submitting comments and objections

197.254 Barto contesting acknowledgment, appealing or seeking amendment

197.265 Statecompensation for costs of defending compliance actions

197.270 Copiesof comprehensive plan and land use regulations; post review

197.274 Reviewof Metro regional framework plan

197.277 OregonForest Practices Act; exclusion

197.279 Approvedwetland conservation plans comply with goals; exception; rules

197.283 Commissionto assure protection of ground water resources

NEEDEDHOUSING IN URBAN GROWTH AREAS

197.295 Definitionsfor ORS 197.295 to 197.314 and 197.475 to 197.490

197.296 Factorsto establish sufficiency of buildable lands within urban growth boundary;analysis and determination of residential housing patterns

197.298 Priorityof land to be included within urban growth boundary

197.299 Metropolitanservice district analysis of buildable land supply; schedule for accommodatingneeded housing; need for land for school; extension of schedule

197.301 Metropolitanservice district report of performance measures

197.302 Metropolitanservice district determination of buildable land supply; corrective action;enforcement

197.303 “Neededhousing” defined

197.304 LaneCounty accommodation of needed housing

197.307 Effectof need for certain housing in urban growth areas; approval standards forcertain residential development; placement standards for approval ofmanufactured dwellings

197.309 Localordinances or approval conditions may not effectively establish housing saleprice or designate class of purchasers; exception

197.312 Limitationon city and county authority to prohibit certain kinds of housing, includingfarmworker housing; real estate sales office

197.313 Interpretationof ORS 197.312

197.314 Requiredsiting of manufactured homes; minimum lot size; approval standards

ENFORCEMENTOF PLANNING REQUIREMENTS

197.319 Proceduresprior to request of an enforcement order

197.320 Powerof commission to order compliance with goals and plans

197.324 Proceedingsprior to order of compliance with goals; disclosure notice

197.328 Proceduresto consider order to comply with goals

197.335 Orderfor compliance with goals; review of order; withholding grant funds;injunctions

197.340 Weightgiven to goals in planning practice; regional diversity and needs

197.350 Burdenof persuasion or proof in appeal to board or commission

197.353 Measure37 timelines; death of claimant

EXPEDITEDLAND DIVISIONS

197.360 “Expeditedland division” defined; applicability

197.365 Applicationfor expedited land division; notice requirements; procedure

197.370 Failureof local government to approve or deny application within specified time

197.375 Appealof decision on application for expedited land division; notice requirements;standards for review; procedure; costs

197.380 Applicationfees for expedited land division

ACTIVITIESON FEDERAL LAND

197.390 Activitieson federal land; list; permit required; enjoining violations

197.395 Applicationfor permit; review and issuance; conditions; restrictions; review

AREASOF CRITICAL CONCERN

197.405 Designationof areas of critical state concern; commission recommendation; committeereview; approval by Legislative Assembly

197.410 Useand activities regulated; enjoining violations

197.416 MetoliusArea of Critical State Concern

197.430 Enforcementpowers

RESIDENTIALAND RECREATIONAL DEVELOPMENT

(Temporaryprovisions relating to transferable development opportunities are compiled asnotes following ORS 197.430)

SITINGSPEEDWAY DESTINATION

197.431 Expansionof speedway destination site

197.432 Definitionsfor ORS 197.431 to 197.434

197.433 Developmentof major motor speedway

197.434 Trafficimpacts of speedway destination

SITINGOF DESTINATION RESORTS