ORS 199.462
Standards for review of boundary changes

  • territory that may not be included in certain boundary changes

(1)

In order to carry out the purposes described by ORS 199.410 (Policy) when reviewing a petition for a boundary change or application under ORS 199.464 (Commission approval for exercise of additional district function, to extraterritorially extend district or city sewer or water line or to establish privately owned community water system), a boundary commission shall consider local comprehensive planning for the area, economic, demographic and sociological trends and projections pertinent to the proposal, past and prospective physical development of land that would directly or indirectly be affected by the proposed boundary change or application under ORS 199.464 (Commission approval for exercise of additional district function, to extraterritorially extend district or city sewer or water line or to establish privately owned community water system) and the goals adopted under ORS 197.225 (Preparation).

(2)

Subject to any provision to the contrary in the principal Act of the affected district or city and subject to the process of transfer of territory:

(a)

Territory within a city may not be included within or annexed to a district without the consent of the city council;

(b)

Territory within a city may not be included within or annexed to another city; and

(c)

Territory within a district may not be included within or annexed to another district subject to the same principal Act. [Formerly 199.515; 1975 c.361 §2; 1979 c.374 §2; 1981 c.748 §18; 1983 c.336 §7; 1989 c.92 §17]

Source: Section 199.462 — Standards for review of boundary changes; territory that may not be included in certain boundary changes, https://www.­oregonlegislature.­gov/bills_laws/ors/ors199.­html.

Notes of Decisions

In annexation proceedings, boundary commission’s findings which recited that evidence existed to show statewide planning goals were not violated were inadequate to meet commission’s responsibility under this section. Norvell v. Portland Area LGBC, 43 Or App 849, 604 P2d 896 (1979)

Boundary Commission should have addressed effect on city’s continuing financial viability of proposed annexation of undeveloped land to neighboring city, effect of proposed annexation on unincorporated “island” which would have been created by annexation, and effect of annexation on existing fire district where sufficient evidence was presented to raise these issues. City of Wood Village v. Portland Metro. Area LGBC, 48 Or App 79, 616 P2d 528 (1980)

Statutory recitation of general considerations of policy and purpose set forth in ORS 199.410 does not constitute specific approval criteria that dictate particular results. Multnomah County Rural Fire v. Portland Metro. Area, 126 Or App 351, 868 P2d 783 (1994)

Boundary commission must consider statewide planning goals only when local comprehensive plan does not provide adequate policy direction. Citizens Against Annexation v. Lane County LGBC, 233 Or App 587, 226 P3d 711 (2010)

199.410
Policy
199.415
Definitions for ORS 199.410 to 199.534
199.420
“District” defined for ORS 199.410 to 199.534
199.430
Procedure for creating commissions by local resolution or petition
199.432
Status of commission as state agency
199.435
Organization of commission created under ORS 199.430
199.440
Membership
199.445
Quorum
199.450
Advisory committee
199.452
Adoption of rules
199.455
Expenses of members
199.457
Finances
199.460
Jurisdiction of boundary commission over boundary changes
199.461
Study of proposed boundary change or other action
199.462
Standards for review of boundary changes
199.463
Notice
199.464
Commission approval for exercise of additional district function, to extraterritorially extend district or city sewer or water line or to establish privately owned community water system
199.466
Approval of annexation or extraterritorial extension without study or hearing
199.468
Effective date of application submitted under ORS 199.464
199.476
When petition for major boundary change required
199.480
Filing of major boundary change order
199.485
Commission authority to initiate major boundary change
199.487
Commission authority to initiate minor boundary change
199.490
Procedure for minor boundary changes or transfers of territory
199.495
Effective date of certain annexations
199.500
Commission to notify counties of certain annexations with delayed effective date
199.505
Effective date of minor boundary changes
199.507
Effective date of transfer of territory
199.510
Financial effects of transfer or withdrawal
199.512
Commission proceedings for district formation or annexation to relieve public health danger
199.519
Effective date of boundary change
199.522
Economic feasibility analysis for proposed city
199.526
Time limit for obtaining signatures on petition for incorporation of city
199.531
Policy
199.534
Legislative annexation of territory to cities and districts
199.705
Definitions for ORS 199.705 to 199.795
199.710
Short title
199.715
City-county consolidation authorized
199.720
Initiation of consolidation proceedings by resolution or petition
199.725
Charter commission
199.730
Functions of charter commission
199.735
Election on consolidation
199.740
Effect of election
199.742
Charter requirements if consolidation is rejected in unincorporated area
199.743
Financial affairs of city-county if charter becomes effective during fiscal year
199.745
First governing body of city-county
199.750
Status of city-county
199.753
City-county service district
199.755
Receipt of state funds by city-county
199.760
Boundaries of city-county
199.765
Permanent rate limit for operating taxes of city-county
199.770
Status of employees after consolidation
199.775
Effect of city-county incorporation
199.777
New county or county boundary change authorized when unincorporated area rejects consolidation
199.780
Petition for county formation or boundary change
199.783
Division of assets when petition is for boundary change
199.785
Election on county formation or boundary change
199.787
Certification of election results
199.790
Issuance of proclamation by Governor
199.795
Operation and effect of proclamation
Green check means up to date. Up to date