2015 ORS 195.020¹
Special district planning responsibilities
  • agreements with local governments and metropolitan service district

(1) Special districts shall exercise their planning duties, powers and responsibilities and take actions that are authorized by law with respect to programs affecting land use, including a city or special district boundary change as defined in ORS 197.175 (Cities and counties planning responsibilities) (1), in accordance with goals approved pursuant to ORS chapters 195, 196 and 197.

(2) A county assigned coordinative functions under ORS 195.025 (Regional coordination of planning activities) (1), or the metropolitan service district, which is assigned coordinative functions for Multnomah, Washington and Clackamas counties by ORS 195.025 (Regional coordination of planning activities) (1), shall enter into a cooperative agreement with each special district that provides an urban service within the boundaries of the county or the metropolitan district. A county or the metropolitan service district may enter into a cooperative agreement with any other special district operating within the boundaries of the county or the metropolitan district.

(3) The appropriate city and county and, if within the boundaries of the metropolitan service district, the metropolitan service district, shall enter into a cooperative agreement with each special district that provides an urban service within an urban growth boundary. The appropriate city and county, and the metropolitan service district, may enter into a cooperative agreement with any other special district operating within an urban growth boundary.

(4) The agreements described in subsection (2) of this section shall conform to the requirements of paragraphs (a) to (d), (f) and (g) of this subsection. The agreements described in subsection (3) of this section shall:

(a) Describe how the city or county will involve the special district in comprehensive planning, including plan amendments, periodic review and amendments to land use regulations;

(b) Describe the responsibilities of the special district in comprehensive planning, including plan amendments, periodic review and amendments to land use regulations regarding provision of urban services;

(c) Establish the role and responsibilities of each party to the agreement with respect to city or county approval of new development;

(d) Establish the role and responsibilities of the city or county with respect to district interests including, where applicable, water sources, capital facilities and real property, including rights of way and easements;

(e) Specify the units of local government which shall be parties to an urban service agreement under ORS 195.065 (Agreements required);

(f) If a metropolitan service district is a party to the agreement, describe how the metropolitan service district will involve the special district in the exercise of the metropolitan service districts regional planning responsibilities; and

(g) Contain such other provisions as the Land Conservation and Development Commission may require by rule.

(5) Agreements required under subsections (2) and (3) of this section are subject to review by the commission. The commission may provide by rule for periodic submission and review of cooperative agreements to insure that they are consistent with acknowledged comprehensive plans. [Formerly 197.185]

(formerly 197.185)

Notes of Decisions

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 ORS 197.175 (Cities and counties planning responsibilities), 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)

Atty. Gen. Opinions

Peoples Utility Districts as special districts within meaning of this sec­tion, (1978) Vol 38, p 1650;

Educa­tional System Policy State­ments As Appropriate Ele­ments of County Comprehensive Plans, (1978) Vol 38, P 1713

Law Review Cita­tions

93 OLR 455 (2014)


1 Legislative Counsel Committee, CHAPTER 195—Local Government Planning Coordination, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors195.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 195, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano195.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.