2015 ORS 215.439¹
Solar energy systems in residential or commercial zones

(1) The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use.

(2) The installation and use on a commercial structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which commercial structures are an allowed use.

(3) Approval of a permit application under ORS 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780) to 215.438 (Transmission towers) is, notwithstanding the definition of "permit" in ORS 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780), a ministerial function if:

(a) The installation of a solar energy system can be accomplished without increasing the footprint of the residential or commercial structure or the peak height of the portion of the roof on which the system is installed; and

(b) The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof.

(4) As part of the permit approval process, a county:

(a) May not charge a fee pursuant to ORS 215.416 (Permit application) for processing a permit;

(b) May not require extensive surveys or site evaluations including, but not limited to, vegetation surveys, contour maps and elevation drawings; and

(c) May charge building permit fees pursuant to ORS 455.020 (Purpose), 455.210 (Fees) and 455.220 (Surcharge on building permit fees).

(5) Subsections (3) and (4) of this section do not apply to a permit application for a residential or commercial structure that is:

(a) A federally or locally designated historic building or landmark or that is located in a federally or locally designated historic district.

(b) A conservation landmark designated by a city or county because of the historic, cultural, archaeological, architectural or similar merit of the landmark.

(c) Located in an area designated as a significant scenic resource unless the material used is:

(A) Designated as anti-reflective; or

(B) Eleven percent or less reflective.

(6) As used in this section, "solar photovoltaic energy system" has the meaning given that term in ORS 757.360 (Definitions for ORS 757.360 to 757.380). [2011 c.464 §1]

Note: 215.439 (Solar energy systems in residential or commercial zones) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Chapter 215

Notes of Decisions

Published notice is adequate if prop­erty owners can reasonably ascertain that prop­erty in which they hold interest may be affected. Clackamas County v. Emmert, 14 Or App 493, 513 P2d 532 (1973), Sup Ct review denied

Statutory scheme es­tab­lishing LCDC and granting it authority to es­tab­lish state-wide land use planning goals does not unconstitu­tionally delegate legislative power where both standards (under this chapter) and safeguards ([former] ORS 197.310) exist. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978)

Where county had not yet adopted comprehensive plan but had zoned certain por­tions "primarily agricultural," county had not enacted adequate interim measures to protect its agricultural land until exclusive farm use zoning was completed. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980)

Atty. Gen. Opinions

Fasano v. Bd. of County Commrs., applica­tion to county governing bodies and planning com­mis­sions, (1974) Vol 36, p 960; binding effect on govern­mental agencies of the adop­tion of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894

Law Review Cita­tions

36 EL 25 (2006)


1 Legislative Counsel Committee, CHAPTER 215—County Planning; Zoning; Housing Codes, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors215.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 215, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano215.­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.