ORS 92.040
Application for approval of subdivision or partition

  • tentative plan
  • applicability of local government laws

(1)

Before a plat of any subdivision or partition subject to review under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) may be made and recorded, the person proposing the subdivision or partition or authorized agent or representative of the person shall make an application in writing to the county or city having jurisdiction under ORS 92.042 (Governing body having jurisdiction to approve plans, maps or plats) for approval of the proposed subdivision or partition in accordance with procedures established by the applicable ordinance or regulation adopted under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans). Each such application shall be accompanied by a tentative plan showing the general design of the proposed subdivision or partition. No plat for any proposed subdivision or partition may be considered for approval by a city or county until the tentative plan for the proposed subdivision or partition has been approved by the city or county. Approval of the tentative plan shall not constitute final acceptance of the plat of the proposed subdivision or partition for recording. However, approval by a city or county of such tentative plan shall be binding upon the city or county for the purposes of the preparation of the subdivision or partition plat, and the city or county may require only such changes in the subdivision or partition plat as are necessary for compliance with the terms of its approval of the tentative plan for the proposed subdivision or partition.

(2)

After September 9, 1995, when a local government makes a decision on a land use application for a subdivision inside an urban growth boundary, only those local government laws implemented under an acknowledged comprehensive plan that are in effect at the time of application shall govern subsequent construction on the property unless the applicant elects otherwise.

(3)

A local government may establish a time period during which decisions on land use applications under subsection (2) of this section apply. However, in no event shall the time period exceed 10 years, whether or not a time period is established by the local government. [Amended by 1955 c.756 §7; 1973 c.696 §7; 1983 c.826 §8; 1989 c.772 §5; 1995 c.812 §9; 2005 c.22 §71]
Note: Sections 1 and 2, chapter 442, Oregon Laws 2013, provide:
Sec. 1. When the owner of property that is located in a city in Wasco County with a population greater than 5,000 and that is zoned for residential use files an application for a partition, as defined in ORS 92.010 (Definitions for ORS 92.010 to 92.192), or a subsequent application for a permit in furtherance of the partition, for the property, the city may not, as a condition of approval of the application:

(1)

Assess:

(a)

A charge in lieu of forming a local improvement district; or

(b)

A prepayment against an assessment for a future local improvement district; or

(2)

Require the owner of the property to enter into a nonremonstrance agreement with respect to the future formation of a local improvement district. [2013 c.442 §1]
Sec. 2. Section 1 of this 2013 Act is repealed on July 1, 2023. [2013 c.442 §2]

Source: Section 92.040 — Application for approval of subdivision or partition; tentative plan; applicability of local government laws, https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html.

Notes of Decisions

Board of county commissioners’ denial of tentative approval of proposed subdivision plat failed to meet requirements of ORS 215.416 where denial was couched in general language and failed to specify what criteria were used to determine that proposed plat did not comply with county comprehensive plan. Commonwealth Properties v. Washington County, 35 Or App 387, 582 P2d 1384 (1978)

Where development of subdivision property depends on approval of construction on rights-of-way and roadways located adjacent to subdivision lots, applicable local government laws are those that are in effect at time of application to construct subdivision. Athletic Club of Bend, Inc. v. City of Bend, 239 Or App 89, 243 P3d 824 (2010)

Attorney General Opinions

Effect of county zoning ordinances on approved subdivision plat, (1973) Vol 36, p 702

92.010
Definitions for ORS 92.010 to 92.192 92.012
Compliance with ORS 92.010 to 92.192 required 92.014
Approval of city or county required for specified divisions of land 92.016
Sale or negotiation to sell lot or parcel prior to approval of tentative plan 92.017
Lawfully created units of land 92.018
Buyer’s remedies for purchase of improperly created unit of land 92.025
Prohibition of sale of lot or parcel prior to recordation of plat 92.027
Deed reference to creation of unit of land 92.031
Middle housing land division 92.040
Application for approval of subdivision or partition 92.042
Governing body having jurisdiction to approve plans, maps or plats 92.044
Adoption of standards and procedures governing approval of plats and plans 92.046
Adoption of regulations governing approval of partitioning of land 92.048
Procedure for adoption of regulations under ORS 92.044 and 92.046 92.050
Requirements of survey and plat of subdivision and partition 92.055
Requirements for unsurveyed and unmonumented parcels on plats 92.060
Marking subdivision, partition or condominium plats with monuments 92.065
Monumenting certain subdivision corners after recording plat 92.070
Surveyor’s certificates 92.075
Declaration required to subdivide or partition property 92.080
Preparation of plat 92.090
Approval of subdivision plat names 92.095
Payment of taxes, interest or penalties before subdivision or partition plat recorded 92.097
Employment of registered engineer by private developer 92.100
Approval of plat by city or county surveyor 92.103
Notice to district of tentative plan 92.104
District to report boundary locations 92.105
Time limit for final action by city or county on tentative plan 92.120
Recording plats 92.130
Additional tracings transferred to county surveyor 92.140
Indexing of plats 92.150
Construction of donations marked on plat 92.160
Notice to Real Estate Commissioner of receipt of subdivision plat 92.170
Amending recorded plat 92.175
Methods by which certain land may be provided for public purposes 92.176
Validation of unit of land not lawfully established 92.177
Creation of parcel by less than all owners of lawfully established unit of land 92.178
Creation of parcel previously approved but not acted upon 92.179
Liability for costs of relocating utility facilities 92.180
Authority to review replats 92.185
Reconfiguration of lots or parcels and public easements 92.190
Effect of replat 92.192
Property line adjustment 92.205
Policy 92.215
Review authorized 92.225
Review of undeveloped or developed subdivision plat lands 92.234
Revision, vacation of undeveloped subdivisions 92.245
Fees for review proceedings resulting in modification or vacation 92.285
Retroactive ordinances prohibited 92.305
Definitions for ORS 92.305 to 92.495 92.313
Policy 92.317
Policy 92.325
Application of ORS 92.305 to 92.495 92.337
Exemption procedures 92.339
Use of fees 92.345
Notice of intention 92.355
Commissioner may request further information 92.365
Filing information to be kept current 92.375
Consent to service of process on commissioner 92.377
Written notice to land division applicant 92.385
Examination 92.395
Waiver of examination in this state 92.405
Sale prohibited where public report not waived 92.410
Review of subdivisions for which public report issued 92.415
Advance of travel expense for examination of subdivision or series partition 92.425
Conditions prerequisite to sale 92.427
Cancellation of agreement to buy interest in subdivision or series partition 92.430
Notice to purchaser of cancellation rights 92.433
Escrow documents required of successor to vendor’s interest 92.455
Inspection of records 92.460
Blanket encumbrance permitted only in certain circumstances 92.465
Fraud and deceit prohibited 92.475
False or misleading advertising prohibited 92.485
Waiver of legal rights void 92.490
Civil penalty 92.495
Cease and desist order 92.830
Definitions for ORS 92.830 to 92.845 92.832
Policy 92.835
Subdivision of manufactured dwelling park or mobile home park 92.837
Application of city or county comprehensive plans and land use regulations 92.839
Notice to tenants of conversion and tenants’ rights during conversion 92.840
Sale of subdivision lots 92.843
Approval of declaration or amendment to declaration made pursuant to ORS 92.845 92.845
Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes 92.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 92.040’s source at oregon​.gov