2015 ORS 203.035¹
Power of county governing body or electors over matters of county concern

(1) Subject to subsection (3) of this section, the governing body or the electors of a county may by ordinance exercise authority within the county over matters of county concern, to the fullest extent allowed by Constitutions and laws of the United States and of this state, as fully as if each particular power comprised in that general authority were specifically listed in ORS 203.030 (Definition for ORS 203.030 to 203.075) to 203.075 (Applicable law for local improvement assessments).

(2) The power granted by this section is in addition to other grants of power to counties, shall not be construed to limit or qualify any such grant and shall be liberally construed, to the end that counties have all powers over matters of county concern that it is possible for them to have under the Constitutions and laws of the United States and of this state.

(3) An ordinance adopted by a county governing body that changes the number or mode of selection of elective county officers shall not take effect unless the ordinance is submitted to and approved by the electors of the county at a primary election, general election or election held on the first Tuesday after the first Monday in November of an odd-numbered year. However, an ordinance adopted under this section may not change the mode of selection of a county assessor.

(4) Nothing in this section shall be construed to limit the rights of the electors of a county to propose county ordinances through exercise of the initiative power. [1973 c.282 §2; 1981 c.140 §1; 1985 c.756 §1; 1995 c.712 § 87; 2007 c.155 §12]

Notes of Decisions

Where ordinance re­quired car rental companies to collect and remit tax on motor vehicle rentals, tax was not invalid on ground of improper adop­tion pro­ce­dures, improper use of tax funds, or unconstitu­tional impact on interstate commerce. Budget Rent-A-Car v. Multnomah County, 287 Or 93, 597 P2d 1232 (1979)

County govern­ment may offer services that compete with private enterprise. GTE Northwest, Inc. v. Public Utility Commission, 179 Or App 46, 39 P3d 201 (2002), Sup Ct review denied

Where proposed ac­tion is predominantly concern of countys residents, ac­tion is matter of county concern notwithstanding that ac­tion may result in services being offered to areas outside county. GTE Northwest, Inc. v. Public Utility Commission, 179 Or App 46, 39 P3d 201 (2002), Sup Ct review denied

Atty. Gen. Opinions

Non home rule county courts or com­mis­sions general legislative powers, (1974) Vol 36, p 1070; authority for counties to purchase medical insurance for dependents and disability insurance for of­fi­cers and employes, (1974) Vol 36, p 1115; initiative ques­tion of advisory nature on ballot, (1974) Vol 37, p 14; power of home rule county to provide method of filling vacancy in county office, (1974) Vol 37, p 280; reimburse­ment of county com­mis­sioners for travel expenses, (1975) Vol 37, p 543; county regula­tion of activities resulting in soil erosion, (1975) Vol 37, p 819; deleting administrative posi­tion from county staffing plan and assigning its duties to one or more com­mis­sioners, (1977) Vol 38, p 304; authority to es­tab­lish revenue sharing programs with cities, (1978) Vol 38, p 2045; effect of initiative proposal in general law county to prohibit construc­tion and opera­tion of nuclear power plants, (1978) Vol 39, p 81; local govern­ment authority to force evacua­tion of

Fire Threatened Areas, (1996) Vol 48, P 27

Law Review Cita­tions

61 OLR 13 (1982)

Atty. Gen. Opinions

General law counties statutory authority on public transporta­tion, (1973) Vol 36, p 672; ap­pli­ca­bil­i­ty of state referral require­ment on home rule county ordinance, (1974) Vol 37, p 319

Chapter 203

Atty. Gen. Opinions

Standards county may impose for approval of private roads created in parti­tioning land, (1972) Vol 35, p 1230


1 Legislative Counsel Committee, CHAPTER 203—County Governing Bodies; County Home Rule, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors203.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 203, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano203.­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.