2015 ORS 222.880¹
Oregon Health Authority order or finding
  • hearing upon petition
  • alteration of boundaries
  • tax differential

(1) Within 30 days following the final hearing of any arguments received by petition under the provisions of ORS 222.875 (Purpose and conduct of hearing) (2) the Director of the Oregon Health Authority shall review the arguments and the findings and recommendations of the person conducting the hearing as provided in ORS 222.875 (Purpose and conduct of hearing) (2). If the director finds no danger to public health exists because of conditions within the affected territory, the director shall issue an order terminating the proceedings under ORS 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915) with reference to the affected territory.

(2) If the director finds that a danger to public health exists because of conditions within the affected territory, the director shall file a certified copy of findings with the city and, except where the condition causing the danger to public health is impure or inadequate domestic water, with the Environmental Quality Commission.

(3) If the director determines that a danger to public health exists because of conditions within only part of the affected territory, the director may, upon petition and hearing, reduce the boundaries of the affected territory to that part of the territory that presents a danger if the area to be excluded would not be surrounded by the affected territory remaining to be annexed and would not be directly served by the sanitary, water or other facilities necessary to remove or alleviate the danger to public health existing within the affected territory remaining to be annexed. The findings shall describe the boundaries of the affected territory as reduced by the director. The director shall file a certified copy of findings with the city and, except where the condition causing the danger to public health is impure or inadequate domestic water, the commission.

(4) In determining whether to exclude any area the director may consider whether or not such exclusion would unduly interfere with the removal or alleviation of the danger to public health in the affected territory remaining to be annexed and whether the exclusion would result in an illogical boundary for the extension of services normally provided by an incorporated city.

(5) The city shall, when requested, aid in the determinations made under subsections (3) and (4) of this section and, if necessary, cause a study to be made.

(6) Notwithstanding ORS 222.111 (Authority and procedure for annexation) (3), the director, in implementing an order under ORS 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915), may allow the use of the tax differential authorized by ORS 222.111 (Authority and procedure for annexation) (3) for a period not exceeding 15 years with the consent of the affected city. [1967 c.624 §8; 1973 c.637 §7; 1975 c.639 §6; 1983 c.407 §8; 1989 c.780 §1; 2009 c.595 §185]

Notes of Decisions

Health Division order, issued pursuant to this sec­tion, is not ac­tion "authorized by law with respect to programs affecting land use" under ORS 197.180 (State agency planning responsibilities), so Division need not consider state-wide planning goals in reaching its decision. West Side Sanitary Dist. v. LCDC, 289 Or 393, 614 P2d 1141 (1980)

Ac­tions by Health Division and Environ­mental Quality Commission pursuant to this sec­tion are not combined administrative pro­ceed­ings, but rather separate agency ac­tions each resulting in "final order" under ORS 183.310 (Definitions for chapter). West Side Sanitary Dist. v. Health Div., 289 Or 417, 614 P2d 1151 (1980)

Notes of Decisions

These pro­vi­sions authorizing the state Health Division to order annexa­tion to a city or territory within which there exist condi­tions dangerous to the public health do not constitute an unlawful delega­tion of legislative power. Kelly v. Silver, 25 Or App 441, 549 P2d 1134 (1976)

These sec­tions apply even though an area is served by an existing sanitary district. West Side Sanitary Dist. v. Health Div., 42 Or App 755, 601 P2d 858 (1979), aff'd as modified 289 Or 417, 614 P2d 1151 (1980)

As agency ac­tions under these sec­tions do not involve decisions concerning land use, ORS 197.180 (State agency planning responsibilities), requiring adherence to state-wide planning goals in planning and other ac­tions by state agencies, is inapplicable. West Side Sanitary Dist. v. Health Div., 42 Or App 755, 601 P2d 858 (1979), aff'd as modified 289 Or 417, 614 P2d 1151 (1980)

Atty. Gen. Opinions

Territory separated into two parcels as eligible for health hazard annexa­tion, (1980) Vol 41, p 195

Chapter 222

Notes of Decisions

Provisions of this chapter do not require final decisions on small tract annexa­tions to be made in quasi-judicial pro­ceed­ings rather than by popular vote. Stewart v. City of Corvallis, 48 Or App 709, 617 P2d 921 (1980), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 222—City Boundary Changes; Mergers; Consolidations; Withdrawals, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors222.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 222, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano222.­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.