2015 ORS 92.044¹
Adoption of standards and procedures governing approval of plats and plans
  • delegation
  • fees

(1)(a) The governing body of a county or a city shall, by regulation or ordinance, adopt standards and procedures, in addition to those otherwise provided by law, governing, in the area over which the county or the city has jurisdiction under ORS 92.042 (Governing body having jurisdiction to approve plans, maps or plats), the submission and approval of tentative plans and plats of subdivisions, tentative plans and plats of partitions in exclusive farm use zones established under ORS 215.203 (Zoning ordinances establishing exclusive farm use zones).

(b) The standards shall include, taking into consideration the location and surrounding area of the proposed subdivisions or partitions, requirements for:

(A) Placement of utilities subject to subsection (7) of this section, for the width and location of streets or for minimum lot sizes and other requirements the governing body considers necessary for lessening congestion in the streets;

(B) Securing safety from fire, flood, slides, pollution or other dangers;

(C) Providing adequate light and air including protection and assurance of access to incident solar radiation for potential future use;

(D) Preventing overcrowding of land;

(E) Facilitating adequate provision of transportation, water supply, sewerage, drainage, education, recreation or other needs; and

(F) Protection and assurance of access to wind for potential electrical generation or mechanical application.

(c) The ordinances or regulations shall establish the form and contents of tentative plans of partitions and subdivisions submitted for approval.

(d) The procedures established by each ordinance or regulation shall provide for the coordination in the review of the tentative plan of any subdivision or partition with all affected city, county, state and federal agencies and all affected special districts.

(2)(a) The governing body of a city or county may provide for the delegation of any of its lawful functions with respect to subdivisions and partitions to the planning commission of the city or county or to an official of the city or county appointed by the governing body for such purpose.

(b) If an ordinance or regulation adopted under this section includes the delegation to a planning commission or appointed official of the power to take final action approving or disapproving a tentative plan for a subdivision or partition, such ordinance or regulation may also provide for appeal to the governing body from such approval or disapproval.

(c) The governing body may establish, by ordinance or regulation, a fee to be charged for an appeal under ORS chapter 197, 215 or 227, except for an appeal under ORS 197.805 (Policy on review of land use decisions) to 197.855 (Deadline for final court order).

(3) The governing body may, by ordinance or regulation, prescribe fees sufficient to defray the costs incurred in the review and investigation of and action upon proposed subdivisions that are submitted for approval pursuant to this section. As used in this subsection, "costs" does not include costs for which fees are prescribed under ORS 92.100 (Approval of plat by city or county surveyor) and 205.350 (Fees for approving and recording plats).

(4) The governing body may, by ordinance or regulation, prescribe fees sufficient to defray the costs incurred in the review and investigation of and action upon proposed partitions that are submitted for approval pursuant to this section.

(5) Ordinances and regulations adopted under this section shall be adopted in accordance with ORS 92.048 (Procedure for adoption of regulations under ORS 92.044 and 92.046).

(6) Any ordinance or regulation adopted under this section shall comply with the comprehensive plan for the city or county adopting the ordinance or regulation.

(7) Unless specifically requested by a public or private utility provider, the governing body of a city or county may not require a utility easement except for a utility easement abutting a street. Utility infrastructure may not be placed within one foot of a survey monument location noted on a subdivision or partition plat. The governing body of a city or county may not place additional restrictions or conditions on a utility easement granted under this chapter.

(8) For the purposes of this section:

(a) "Incident solar radiation" means solar energy falling upon a given surface area.

(b) "Wind" means the natural movement of air at an annual average speed measured at a height of 10 meters of at least eight miles per hour. [1955 c.756 §9; 1973 c.696 §9; 1974 c.74 §2; 1979 c.671 §1; 1981 c.590 §5; 1983 c.570 §1; 1983 c.826 §9; 1983 c.827 §19e; 1987 c.649 §11; 1989 c.772 §6; 1991 c.763 §8; 1993 c.792 §46; 1997 c.489 §1; 1999 c.348 §12; 2005 c.399 §4; 2007 c.652 §2]

Notes of Decisions

This sec­tion, read together with ORS 92.090 (Approval of subdivision plat names), re­quired that proposed subdivision comply with county comprehensive framework plan. Commonwealth Properties v. Washington County, 35 Or App 387, 582 P2d 1384 (1978)

Where county ordinance was amended so Depart­ment of Fish and Wildlife had right to ap­peal, peti­tion filed by depart­ment with LCDC seeking review of board of com­mis­sioners' decision approving subdivision plat was not barred on ground that depart­ment failed to exhaust its available remedies by failing to initially challenge approval of plat before board of com­mis­sioners. Fish and Wildlife Depart­ment v. LCDC, 37 Or App 607, 588 P2d 80 (1978), aff'd 288 Or 203, 603 P2d 1371 (1979)

Atty. Gen. Opinions

Require­ment that developer not discriminate between builders and non-builders in lot sale as condi­tion of approval of subdivision plat, (1979) Vol 39, p 593

Atty. Gen. Opinions

Effect of county zoning ordinances on approved subdivision plat, (1973) Vol 36, p 702

Notes of Decisions

Due process standards applicable to land use decisions apply to ad­min­is­tra­­tion of subdivision ordinance. Bienz v. City of Dayton, 29 Or App 761, 566 P2d 904 (1977), Sup Ct review denied

Due process require­ments for granting of variances are identical regardless of whether variance is area variance or use variance. Bienz v. City of Dayton, 29 Or App 761, 566 P2d 904 (1977), Sup Ct review denied

Approval of tentative plan under subdivision ordinance is final order reviewable in writ of review pro­ceed­ing. Bienz v. City of Dayton, 29 Or App 761, 566 P2d 904 (1977), Sup Ct review denied

Modifica­tion of sought-after approval of tentative plan must be treated same procedurally as initial applica­tion. Bienz v. City of Dayton, 29 Or App 761, 566 P2d 904 (1977), Sup Ct review denied

Owner of parcel unlawfully conveyed without having been parti­tioned could not unilaterally seek to parti­tion parcel from remainder of original prop­erty remaining in separate ownership. Kilian v. City of West Linn, 88 Or App 242, 744 P2d 1314 (1987)

Under statutes in effect in 1981, parti­tioning of land parcel had effect of vacating pre­vi­ous lot lines unless parti­tion map indicates continued existence of parti­tioned lots. Weyerhaeuser Real Estate Develop­ment Co. v. Polk County, 246 Or App 548, 267 P3d 855 (2011)

Law Review Cita­tions

10 WLJ 398, 399 (1974)

Chapter 92

Atty. Gen. Opinions

Standards county may impose for approval of private roads created in parti­tioning land, (1972) Vol 35, p 1230; effect of county zoning ordinances on approved subdivision plat, (1973) Vol 36, p 702; applica­tion of Fasano v. Bd. of County Commrs., decision, (1974) Vol 36, p 960

Law Review Cita­tions

10 WLJ 394-403 (1974)


1 Legislative Counsel Committee, CHAPTER 92—Subdivisions and Partitions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors092.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 92, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano092.­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.