ORS 197.175
Cities’ and counties’ planning responsibilities

  • rules on incorporations
  • compliance with goals

(1)

Cities and counties shall exercise their planning and zoning responsibilities, including, but not limited to, a city or special district boundary change which shall mean the annexation of unincorporated territory by a city, the incorporation of a new city and the formation or change of organization of or annexation to any special district authorized by ORS 198.705 (Definitions for ORS 198.705 to 198.955) to 198.955 (Disposition of assets), 199.410 (Policy) to 199.534 (Legislative annexation of territory to cities and districts) or 451.010 (Authorization to establish master plans and service districts) to 451.620 (Procedures for district formed subject to specified dissolution date), in accordance with ORS chapters 195, 196 and 197 and the goals approved under ORS chapters 195, 196 and 197. The Land Conservation and Development Commission shall adopt rules clarifying how the goals apply to the incorporation of a new city. Notwithstanding the provisions of section 15, chapter 827, Oregon Laws 1983, the rules shall take effect upon adoption by the commission. The applicability of rules promulgated under this section to the incorporation of cities prior to August 9, 1983, shall be determined under the laws of this state.

(2)

Pursuant to ORS chapters 195, 196 and 197, each city and county in this state shall:

(a)

Prepare, adopt, amend and revise comprehensive plans in compliance with goals approved by the commission;

(b)

Enact land use regulations to implement their comprehensive plans;

(c)

If its comprehensive plan and land use regulations have not been acknowledged by the commission, make land use decisions and limited land use decisions in compliance with the goals;

(d)

If its comprehensive plan and land use regulations have been acknowledged by the commission, make land use decisions and limited land use decisions in compliance with the acknowledged plan and land use regulations; and

(e)

Make land use decisions and limited land use decisions subject to an unacknowledged amendment to a comprehensive plan or land use regulation in compliance with those land use goals applicable to the amendment.

(3)

Notwithstanding subsection (1) of this section, the commission shall not initiate by its own action any annexation of unincorporated territory pursuant to ORS 222.111 (Authority and procedure for annexation) to 222.750 (Annexation of unincorporated territory surrounded by city) or formation of and annexation of territory to any district authorized by ORS 198.510 (Definitions for ORS 198.510 to 198.600) to 198.915 (Election of board members at regular district election) or 451.010 (Authorization to establish master plans and service districts) to 451.620 (Procedures for district formed subject to specified dissolution date). [1973 c.80 §§17,18; 1977 c.664 §12; 1981 c.748 §15; 1983 c.827 §3; 1989 c.761 §18; 1991 c.817 §21; 1993 c.792 §45; 1999 c.348 §4]

Source: Section 197.175 — Cities’ and counties’ planning responsibilities; rules on incorporations; compliance with goals, https://www.­oregonlegislature.­gov/bills_laws/ors/ors197.­html.

Notes of Decisions

A comprehensive plan is the controlling land use planning instrument for a city; upon its passage, the city assumes responsibility to effectuate the plan and conform zoning ordinances, including prior existing zoning ordinances, to it. Baker v. City of Milwaukie, 271 Or 500, 533 P2d 772 (1975); distinguished in Green v. Hayward, 275 Or 693, 552 P2d 815 (1976)

In determining whether zoning amendments are consistent with the comprehensive plan, the plan must be read as a whole, for the plan map alone is not necessarily controlling. Green v. Hayward, 275 Or 693, 552 P2d 815 (1976)

City’s decision to annex land outside its existing borders was exercise of city’s “planning responsibilities” within meaning of this section, and thus initial threshold determination of whether proposed annexation was consistent with state-wide planning goals was determination which was quasi-judicial in nature. Petersen v. Klamath Falls, 279 Or 249, 566 P2d 1193 (1977)

Statewide planning goals apply to requests to partition land. Jurgenson v. Union County Court, 42 Or App 505, 600 P2d 1241 (1979)

Though sewer authority alleged statutory responsibility for planning sewer systems, precluding county from adopting conflicting sewer policies in its comprehensive plan, county had authority, under this section, consistent with state-wide planning goals, to adopt its own policies relating to sewer systems. Jackson County v. Bear Creek Authority, 293 Or 121, 645 P2d 532 (1982)

Legislature intended that county, in connection with proposed incorporation, must conduct meaningful inquiry as to all LCDC goals to extent possible. 1000 Friends of Oregon v. Wasco County Court, 299 Or 344, 703 P2d 207 (1985)

Under this section, an urban growth boundary is established when acknowledged. Perkins v. City of Rajneeshpuram, 300 Or 1, 706 P2d 949 (1985)

Only after acknowledgment can city make land use decisions under comprehensive plan implementing ordinances and urban growth boundary. Perkins v. City of Rajneeshpuram, 300 Or 1, 706 P2d 949 (1985)

When amendment to Metro’s urban growth boundary is totally controlled, in substance and procedure, by acknowledged land use regulation, amendment could not be independently reviewed for compliance with statewide land use planning goals. League of Women Voters v. Metro. Service Dist., 99 Or App 333, 781 P2d 1256 (1989), Sup Ct review denied

When regulation contained internal requirement that regulation’s application to particular sites comply with statewide goals, city had to demonstrate compliance with statewide goals even though decision was made under acknowledged land use regulation. Blatt v. City of Portland, 109 Or App 259, 819 P2d 309 (1991), Sup Ct review denied

Land developer’s “Comprehensive Plan and Zoning Map Amendment” proposing development of destination resort was action under county’s acknowledged comprehensive plan and was therefore not reviewable for Goal 8 compliance. Foland v. Jackson County, 311 Or 167, 807 P2d 801 (1991)

Adoption of comprehensive plan designation may precede adoption of zoning and other implementing legislation necessary for future use. Neighbors for Livability v. City of Beaverton, 168 Or App 501, 4 P3d 765 (2000)

Change to urban growth boundary based on land need must be based on both long-term need and need related to categories such as housing or employment opportunities. DLCD v. City of Klamath Falls, 290 Or App 495, 416 P3d 326 (2018)

Attorney General Opinions

Consideration of availability of public school facilities in determining whether to approve subdivision, (1978) Vol 38, p 1956

Law Review Citations

10 WLJ 400 (1974); 19 EL 61 (1988); 93 OLR 455 (2014)

197.005
Legislative findings
197.010
Policy
197.012
Compact urban development
197.013
Implementation and enforcement are of statewide concern
197.015
Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325
197.020
Land use decision considerations
197.022
Policy regarding ORS 215.433 and 227.184
197.030
Land Conservation and Development Commission
197.035
Officers
197.040
Duties of commission
197.045
Powers of commission
197.047
Notice to local governments and property owners of changes to commission rules or certain statutes
197.050
Interstate agreements and compacts
197.060
Biennial report
197.065
Biennial report analyzing uses of certain land
197.070
Public inspection of assessments prepared by commission
197.075
Department of Land Conservation and Development
197.085
Director
197.090
Duties and authority of director
197.095
Land Conservation and Development Account
197.158
Policy-neutral review and audit of statewide land use program
197.160
State Citizen Involvement Advisory Committee
197.165
Local Officials Advisory Committee
197.173
Findings regarding coordination between state agencies and local governments
197.175
Cities’ and counties’ planning responsibilities
197.178
Development applications
197.180
State agency planning responsibilities
197.183
Local government to notify Department of Aviation of applications received for certain water impoundments
197.186
Removal from buildable lands inventory of land subject to open space tax assessment
197.195
Limited land use decision
197.200
Refinement plan
197.225
Preparation
197.230
Considerations
197.235
Public hearings
197.240
Commission action
197.245
Commission amendment of initial goals
197.250
Compliance with goals required
197.251
Compliance acknowledgment
197.253
Participation in local proceedings required for submitting comments and objections
197.254
Bar to contesting acknowledgment, appealing or seeking amendment
197.256
Acknowledgment deadline for newly incorporated cities
197.265
State compensation for costs of defending compliance actions
197.270
Copies of comprehensive plan and land use regulations
197.274
Review of Metro regional framework plan
197.277
Oregon Forest Practices Act
197.279
Approved wetland conservation plans comply with goals
197.283
Commission to assure protection of ground water resources
197.286
Definitions for ORS 197.286 to 197.314 and 197.475 to 197.490
197.290
Housing production strategy
197.291
Review of housing production strategy
197.293
Identification of cities with unmet housing needs
197.296
Analysis of housing capacity and needed housing by Metro, cities outside of Metro and smaller cities
197.297
Analysis of housing capacity and needed housing in Metro cities
197.298
Priority of land to be included within urban growth boundary
197.299
Metro accommodation of needed housing and school lands
197.301
Metro report of performance measures
197.302
Metro determination of buildable land supply
197.303
“Needed housing” defined
197.304
Lane County accommodation of needed housing
197.307
Needed housing policy
197.308
Affordable housing allowed outright
197.309
Local requirements to develop affordable housing
197.311
Final action on affordable housing application
197.312
Limitation on city and county prohibitions
197.313
Interpretation of ORS 197.312
197.314
Required siting of manufactured homes
197.319
Procedures prior to request of an enforcement order
197.320
Power of commission to order compliance with goals and plans
197.324
Proceedings prior to order of compliance with goals
197.328
Procedures to consider order to comply with goals
197.335
Order for compliance with goals
197.340
Weight given to goals in planning practice
197.350
Burden of persuasion or proof in appeal to board or commission
197.353
Measure 37 timelines
197.360
“Expedited land division” defined
197.365
Application
197.370
Failure of local government to timely act on application
197.375
Appeal of local government to referee
197.380
Application fees
197.390
Activities on federal land
197.395
Application for permit
197.405
Designation of areas of critical state concern
197.410
Use and activities regulated
197.416
Metolius Area of Critical State Concern
197.430
Enforcement powers
197.431
Expansion of speedway destination site
197.432
Definitions for ORS 197.431 to 197.434
197.433
Development of major motor speedway
197.434
Traffic impacts of speedway destination
197.435
Definitions for ORS 197.435 to 197.467
197.440
Legislative findings
197.445
Destination resort criteria
197.450
Siting without taking goal exception
197.455
Siting of destination resorts
197.460
Compatibility with adjacent land uses
197.462
Use of land excluded from destination resort
197.465
Comprehensive plan implementing measures
197.467
Conservation easement to protect resource site
197.475
Policy
197.480
Planning for parks
197.485
Prohibition on restrictions of manufactured dwelling
197.488
Replacement of park destroyed by natural disaster
197.490
Restriction on establishment of park
197.492
Definitions for ORS 197.492 and 197.493
197.493
Placement and occupancy of recreational vehicle
197.505
Definitions for ORS 197.505 to 197.540
197.510
Legislative findings
197.520
Manner of declaring moratorium
197.522
Local government to approve subdivision, partition or construction
197.524
Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits
197.530
Correction program
197.540
Review by Land Use Board of Appeals
197.610
Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development
197.612
Comprehensive plan or land use regulation changes to conform plan or regulations to new requirement in statute, goal or rule
197.615
Submission of adopted comprehensive plan or land use regulation changes to Department of Land Conservation and Development
197.620
Appeal of certain comprehensive plan or land use regulation decision-making
197.625
Acknowledgment of comprehensive plan or land use regulation changes
197.626
Submission of land use decisions that expand urban growth boundary or designate urban or rural reserves
197.627
Meaning of “compliance with the goals” for certain purposes
197.628
Periodic review
197.629
Schedule for periodic review
197.631
Commission to amend regulations to facilitate periodic review
197.633
Two phases of periodic review
197.636
Procedures and actions for failure to meet periodic review deadlines
197.637
Department of Land Conservation and Development may request review by Housing and Community Services Department of certain local housing measures
197.638
Department of Land Conservation and Development may request review by Oregon Business Development Department of local inventory and analysis of industrial and commercial land
197.639
State assistance teams
197.644
Modification of work program
197.646
Implementation of new requirement in goal, rule or statute
197.649
Fees for notice
197.650
Appeal to Court of Appeals
197.651
Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission
197.652
Regional problem-solving process
197.654
Regional problem-solving goals, actions and agreements
197.656
Commission approval of comprehensive plans not in compliance with goals
197.658
Modifying local work plan
197.659
Commission approval of certain changes in comprehensive plans or land use regulations
197.660
Definitions
197.663
Legislative findings
197.665
Locations of residential homes
197.667
Location of residential facility
197.670
Zoning requirements and prohibitions for residential homes and residential facilities
197.677
Policy
197.680
Legislative findings
197.685
Location of farmworker housing
197.707
Legislative intent
197.712
Commission duties
197.713
Industrial development on industrial lands outside urban growth boundaries
197.714
Cooperation of county and city concerning industrial development
197.716
Industrial and employment uses in listed counties
197.717
Technical assistance by state agencies
197.719
Industrial use of abandoned or diminished mill sites
197.722
Definitions for ORS 197.722 to 197.728
197.723
Designation of regionally significant industrial areas
197.724
Review of application for land use permit within regionally significant industrial area
197.726
Jurisdiction on appeal
197.727
Fee for review
197.728
Rules
197.732
Goal exceptions
197.734
Exceptions to certain statewide planning goal criteria
197.736
Commission implementation of ORS 197.340 and 197.732
197.746
Transitional housing accommodations
197.748
Conversion of hotel or motel to emergency shelter or affordable housing
197.752
Lands available for urban development
197.754
Land identified for urban services
197.756
Farm use assessment in area identified for urban services
197.758
Development of middle housing
197.761
Development of residential platted lot
197.764
Application to remove property from within urban growth boundary
197.766
Laws applicable to certain local decisions regarding urban growth boundary
197.768
Local government or special district adoption of public facilities strategy
197.770
Firearms training facilities
197.772
Consent for designation as historic property
197.782
Emergency shelters developed under temporary authorization
197.791
Inventory of local government surplus real property
197.794
Notice to railroad company upon certain applications for land use decision, limited land use decision or expedited land use decision
197.796
Applicant for certain land use decisions may accept and appeal condition imposed on application
197.797
Local quasi-judicial land use hearings
197.798
Rules regulating transportation improvements by city or county
197.805
Policy on review of land use decisions
197.810
Land Use Board of Appeals
197.815
Office location
197.820
Duty to conduct review proceedings
197.825
Jurisdiction of board
197.828
Board review of limited land use decision
197.829
Board to affirm certain local government interpretations
197.830
Review procedures
197.831
Appellate review of clear and objective approval standards, conditions and procedures for needed housing
197.832
Board Publications Account
197.835
Scope of review
197.840
Exceptions to deadline for final decision
197.843
Attorney fees for applicant developing affordable housing
197.845
Stay of decision being reviewed
197.850
Judicial review of board order
197.855
Deadline for final court order
197.860
Stay of proceedings to allow mediation
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