ORS 195.145
Urban reserves

  • when required
  • limitation
  • rules

(1)

To ensure that the supply of land available for urbanization is maintained:

(a)

Local governments may cooperatively designate lands outside urban growth boundaries as urban reserves subject to ORS 197.610 (Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development) to 197.625 (Acknowledgment of comprehensive plan or land use regulation changes) and 197.626 (Submission of land use decisions that expand urban growth boundary or designate urban or rural reserves).

(b)

Alternatively, a metropolitan service district established under ORS chapter 268 and a county may enter into a written agreement pursuant to ORS 190.003 (Definition for ORS 190.003 to 190.130) to 190.130 (Effect of ORS 190.125), 195.025 (Regional coordination of planning activities) or 197.652 (Regional problem-solving process) to 197.658 (Modifying local work plan) to designate urban reserves. A process and criteria developed pursuant to this paragraph are an alternative to a process or criteria adopted pursuant to paragraph (a) of this subsection.

(2)

Intentionally left blank —Ed.

(a)

The Land Conservation and Development Commission may require a local government to designate an urban reserve pursuant to subsection (1)(a) of this section during its periodic review in accordance with the conditions for periodic review under ORS 197.628 (Periodic review).

(b)

Notwithstanding paragraph (a) of this subsection, the commission may require a local government to designate an urban reserve pursuant to subsection (1)(a) of this section outside of its periodic review if:

(A)

The local government is located inside a Primary Metropolitan Statistical Area or a Metropolitan Statistical Area as designated by the Federal Census Bureau upon November 4, 1993; and

(B)

The local government has been required to designate an urban reserve by rule prior to November 4, 1993.

(3)

In carrying out subsections (1) and (2) of this section:

(a)

Within an urban reserve, neither the commission nor any local government shall prohibit the siting on a legal parcel of a single family dwelling that would otherwise have been allowed under law existing prior to designation as an urban reserve.

(b)

The commission shall provide to local governments a list of options, rather than prescribing a single planning technique, to ensure the efficient transition from rural to urban use in urban reserves.

(4)

Urban reserves designated by a metropolitan service district and a county pursuant to subsection (1)(b) of this section must be planned to accommodate population and employment growth for at least 20 years, and not more than 30 years, after the 20-year period for which the district has demonstrated a buildable land supply in the most recent inventory, determination and analysis performed under ORS 197.296 (Analysis of housing capacity and needed housing by Metro, cities outside of Metro and smaller cities).

(5)

A district and a county shall base the designation of urban reserves under subsection (1)(b) of this section upon consideration of factors including, but not limited to, whether land proposed for designation as urban reserves, alone or in conjunction with land inside the urban growth boundary:

(a)

Can be developed at urban densities in a way that makes efficient use of existing and future public infrastructure investments;

(b)

Includes sufficient development capacity to support a healthy urban economy;

(c)

Can be served by public schools and other urban-level public facilities and services efficiently and cost-effectively by appropriate and financially capable service providers;

(d)

Can be designed to be walkable and served by a well-connected system of streets by appropriate service providers;

(e)

Can be designed to preserve and enhance natural ecological systems; and

(f)

Includes sufficient land suitable for a range of housing types.

(6)

A county may take an exception under ORS 197.732 (Goal exceptions) to a statewide land use planning goal to allow the establishment of a transportation facility in an area designated as urban reserve under subsection (1)(b) of this section.

(7)

The commission shall adopt by goal or by rule a process and criteria for designating urban reserves pursuant to subsection (1)(b) of this section. [1993 c.804 §19; 1999 c.622 §6; 2007 c.723 §6; 2011 c.150 §1; 2011 c.726 §1]
Note: Sections 1, 2 and 11, chapter 539, Oregon Laws 2005, provide:
Sec. 1. Section 2 of this 2005 Act is added to and made a part of ORS 195.205 (Annexation by provider) to 195.225 (Boundary commission review). [2005 c.539 §1]
Sec. 2. (1) A lot, parcel or tract may not be included in territory proposed to be annexed unless the owner of the lot, parcel or tract gives written consent to the annexation, if the lot, parcel or tract:

(a)

Is zoned for industrial use or designated for industrial use zoning in an acknowledged comprehensive plan;

(b)

Is land on which no electors reside, unless one or more electors living on-site are employed or engaged to provide security services for the industrial user of the land;

(c)

Has an assessed value of more than $2 million, including improvements; and

(d)

Is in unincorporated Jackson County within the urban unincorporated community of White City, west of Oregon Route 62.

(2)

After annexation of a lot, parcel or tract described in subsection (1) of this section, the development rights that apply to the lot, parcel or tract under the industrial zoning classification applicable to the lot, parcel or tract when it is annexed are retained and run with the lot, parcel or tract.

(3)

As used in this section, “urban unincorporated community” means an unincorporated community that:

(a)

Includes at least 150 permanent residential dwelling units;

(b)

Contains a mixture of land uses, including three or more public, commercial or industrial land uses;

(c)

Includes areas served by a community sewer system; and

(d)

Includes areas served by a community water system. [2005 c.539 §2; 2016 c.121 §1]
Sec. 11. Sections 2, 4, 6, 8 and 10, chapter 539, Oregon Laws 2005, are repealed June 30, 2026. [2005 c.539 §11; 2016 c.121 §6]

Source: Section 195.145 — Urban reserves; when required; limitation; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors195.­html.

Law Review Citations

93 OLR 455 (2014)

195.020
Special district planning responsibilities
195.025
Regional coordination of planning activities
195.033
Area population forecasts
195.036
Metro area population forecast
195.040
Annual county reports on comprehensive planning compliance
195.060
Definitions
195.065
Agreements required
195.070
Agreement factors
195.075
Agreement provisions and considerations
195.080
Application of comprehensive plans and land use regulations
195.085
Compliance deadlines
195.110
School facility plan for large school districts
195.115
Reducing barriers for pedestrian and bicycle access to schools
195.120
Rules and planning goal amendments for parks required
195.125
Existing uses in state parks
195.137
Definitions for ORS 195.137 to 195.145
195.139
Legislative findings
195.141
Designation of rural reserves and urban reserves pursuant to intergovernmental agreement
195.143
Coordinated and concurrent process for designation of rural reserves and urban reserves
195.144
Designation of rural reserves and urban reserves in Washington County
195.145
Urban reserves
195.205
Annexation by provider
195.210
Election procedures
195.215
Election certification
195.220
Annexation plan provisions
195.225
Boundary commission review
195.235
Application of other annexation procedures
195.250
Definitions for ORS 195.250 to 195.260
195.253
Policy
195.256
Legislative findings
195.260
Duties of local governments, state agencies and landowners in landslide hazard areas
195.300
Definitions for ORS 195.300 to 195.336
195.301
Legislative findings
195.305
Compensation for restriction of use of real property due to land use regulation
195.308
Exception to requirement for compensation
195.310
Claim for compensation
195.312
Procedure for processing claims
195.314
Notice of claim
195.316
Notice of Measure 37 permit
195.318
Judicial review
195.320
Ombudsman
195.322
Duties of ombudsman
195.324
Effect of certain applications or petitions on right to relief
195.326
Qualification of appraisers
195.328
Acquisition date of claimant
195.330
Filing date of documents
195.332
Fair market value of property
195.334
Effect of invalidity
195.336
Compensation and Conservation Fund
195.500
Policy for removal of homeless individuals camping on public property
195.505
Elements of camp removal policies
195.510
Sites not subject to ORS 195.500 to 195.510
195.520
Camping by individuals living in vehicles
195.530
Noncamping use of public property by homeless individuals
195.850
Reporting local government boundary changes to certain mass transit districts
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