2015 ORS 222.905¹
Proposal or petition for annexation

(1) If a local board of health believes that a danger to public health exists within a territory within its jurisdiction that is otherwise eligible for annexation in accordance with ORS 222.111 (Authority and procedure for annexation), the board shall proceed in the same manner as a city is authorized to proceed under ORS 222.860 (Proposal for annexation).

(2)(a) Forty percent of the residents of territory otherwise eligible for annexation in accordance with ORS 222.111 (Authority and procedure for annexation) who believe a danger to public health exists within the territory may petition the local board of health to initiate proceedings to annex the territory as provided in subsection (1) of this section.

(b) The local board of health shall investigate the matters alleged in the petition within 90 days after receiving the petition and shall either initiate proceedings to annex the territory or certify to the petitioners that the investigation disclosed insufficient evidence to initiate proceedings.

(3)(a)(A) At any time before the annexation of territory initiated under subsection (2) of this section is final, the petition shall be withdrawn if a number of petitioners described in subparagraph (B) of this paragraph provides the local board of health with a copy of an alternative plan that meets the requirements of ORS 222.885 (Alternative plan by petition or resolution) (1)(c).

(B) The required number of petitioners under this paragraph is any number that, if subtracted from the number of petitioners who signed the petition under subsection (2) of this section, would reduce the total number of petitioners below 40 percent of the residents of the territory.

(b) If a petition is withdrawn under paragraph (a) of this subsection before the Director of the Oregon Health Authority finds that a danger to public health exists in the territory under ORS 222.880 (Oregon Health Authority order or finding), the Oregon Health Authority and the local board of health shall terminate all proceedings under ORS 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915) with respect to the territory that was the subject of the petition.

(c) If a petition is withdrawn under paragraph (a) of this subsection after the director finds that a danger to public health exists in the territory under ORS 222.880 (Oregon Health Authority order or finding), the alternative plan provided under paragraph (a) of this subsection shall be evaluated by the authority or the Environmental Quality Commission pursuant to the standards described in ORS 222.890 (Review of alternative plan). [1967 c.624 §11; 1973 c.637 §12; 1975 c.639 §15; 1981 c.888 §9; 2015 c.281 §3]

Note: Section 4, chapter 281, Oregon Laws 2015, provides:

Sec. 4. (1) The amendments to ORS 222.885 (Alternative plan by petition or resolution), 222.890 (Review of alternative plan) and 222.905 (Proposal or petition for annexation) by sections 1 to 3 of this 2015 Act apply to proceedings initiated pursuant to ORS 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915) in which the annexation of affected territory to a city or district, or the extraterritorial extension of city or district services to affected territory, is not final before the effective date of this 2015 Act [June 8, 2015].

(2) The amendments to ORS 222.905 (Proposal or petition for annexation) (2) by section 3 of this 2015 Act apply to petitions filed before, on or after the effective date of this 2015 Act that relate to proceedings described in subsection (1) of this section. A petition described in this subsection that does not meet the 40 percent requirement under ORS 222.905 (Proposal or petition for annexation) (2) is not valid for any purpose.

(3) For purposes of this section, annexation or extension is final if all necessary actions under ORS 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915) have been completed and judicial review under ORS 222.896 (Judicial review) is no longer available because of lapse of time or issuance of an order from which there is no further appeal. [2015 c.281 §4]

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.