ORS 92.176
Validation of unit of land not lawfully established


(1)

A county or city may approve an application to validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unit of land if the unit of land:

(a)

Is not a lawfully established unit of land; and

(b)

Could have complied with the applicable criteria for the creation of a lawfully established unit of land in effect when the unit of land was sold.

(2)

Notwithstanding subsection (1)(b) of this section, a county or city may approve an application to validate a unit of land under this section if the county or city approved a permit, as defined in ORS 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780) or 227.160 (Definitions for ORS 227.160 to 227.186), respectively, for the construction or placement of a dwelling or other building on the unit of land after the sale. If the permit was approved for a dwelling, the county or city must determine that the dwelling qualifies for replacement under the criteria set forth in ORS 215.755 (Other forestland dwellings) (1)(a) to (e).

(3)

A county or city may approve an application for a permit, as defined in ORS 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780) or 227.160 (Definitions for ORS 227.160 to 227.186), respectively, or a permit under the applicable state or local building code for the continued use of a dwelling or other building on a unit of land that was not lawfully established if:

(a)

The dwelling or other building was lawfully established prior to January 1, 2007; and

(b)

The permit does not change or intensify the use of the dwelling or other building.

(4)

An application to validate a unit of land under this section is an application for a permit, as defined in ORS 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780) or 227.160 (Definitions for ORS 227.160 to 227.186). An application to a county under this section is not subject to the minimum lot or parcel sizes established by ORS 215.780 (Minimum lot or parcel sizes).

(5)

A unit of land becomes a lawfully established parcel when the county or city validates the unit of land under this section if the owner of the unit of land causes a partition plat to be recorded within 365 days after the date the county or city validates the unit of land.

(6)

A county or city may not approve an application to validate a unit of land under this section if the unit of land was unlawfully created on or after January 1, 2007.

(7)

Development or improvement of a parcel created under subsection (5) of this section must comply with the applicable laws in effect when a complete application for the development or improvement is submitted as described in ORS 215.427 (Final action on permit or zone change application) (3)(a) or 227.178 (Final action on certain applications required within 120 days) (3)(a). [2007 c.866 §2; 2021 c.237 §1]
Note: 92.176 (Validation of unit of land not lawfully established) was added to and made a part of 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
Note: Sections 2 and 3, chapter 237, Oregon Laws 2021, provide:
Sec. 2. Notwithstanding ORS 92.176 (Validation of unit of land not lawfully established) (5), if a county or city validates a unit of land under ORS 92.176 (Validation of unit of land not lawfully established) before the effective date of this 2021 Act [January 1, 2022], the unit of land becomes a lawfully established parcel when the county or city validates the unit of land if the owner of the unit of land causes a partition plat to be recorded on or before December 31, 2022. [2021 c.237 §2]
Sec. 3. Section 2 of this 2021 Act is repealed on January 2, 2023. [2021 c.237 §3]

Source: Section 92.176 — Validation of unit of land not lawfully established, https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html.

92.010
Definitions for ORS 92.010 to 92.192
92.012
Compliance with ORS 92.010 to 92.192 required
92.014
Approval of city or county required for specified divisions of land
92.016
Sale or negotiation to sell lot or parcel prior to approval of tentative plan
92.017
Lawfully created units of land
92.018
Buyer’s remedies for purchase of improperly created unit of land
92.025
Prohibition of sale of lot or parcel prior to recordation of plat
92.027
Deed reference to creation of unit of land
92.031
Middle housing land division
92.040
Application for approval of subdivision or partition
92.042
Governing body having jurisdiction to approve plans, maps or plats
92.044
Adoption of standards and procedures governing approval of plats and plans
92.046
Adoption of regulations governing approval of partitioning of land
92.048
Procedure for adoption of regulations under ORS 92.044 and 92.046
92.050
Requirements of survey and plat of subdivision and partition
92.055
Requirements for unsurveyed and unmonumented parcels on plats
92.060
Marking subdivision, partition or condominium plats with monuments
92.065
Monumenting certain subdivision corners after recording plat
92.070
Surveyor’s certificates
92.075
Declaration required to subdivide or partition property
92.080
Preparation of plat
92.090
Approval of subdivision plat names
92.095
Payment of taxes, interest or penalties before subdivision or partition plat recorded
92.097
Employment of registered engineer by private developer
92.100
Approval of plat by city or county surveyor
92.103
Notice to district of tentative plan
92.104
District to report boundary locations
92.105
Time limit for final action by city or county on tentative plan
92.120
Recording plats
92.130
Additional tracings transferred to county surveyor
92.140
Indexing of plats
92.150
Construction of donations marked on plat
92.160
Notice to Real Estate Commissioner of receipt of subdivision plat
92.170
Amending recorded plat
92.175
Methods by which certain land may be provided for public purposes
92.176
Validation of unit of land not lawfully established
92.177
Creation of parcel by less than all owners of lawfully established unit of land
92.178
Creation of parcel previously approved but not acted upon
92.179
Liability for costs of relocating utility facilities
92.180
Authority to review replats
92.185
Reconfiguration of lots or parcels and public easements
92.190
Effect of replat
92.192
Property line adjustment
92.205
Policy
92.215
Review authorized
92.225
Review of undeveloped or developed subdivision plat lands
92.234
Revision, vacation of undeveloped subdivisions
92.245
Fees for review proceedings resulting in modification or vacation
92.285
Retroactive ordinances prohibited
92.305
Definitions for ORS 92.305 to 92.495
92.313
Policy
92.317
Policy
92.325
Application of ORS 92.305 to 92.495
92.337
Exemption procedures
92.339
Use of fees
92.345
Notice of intention
92.355
Commissioner may request further information
92.365
Filing information to be kept current
92.375
Consent to service of process on commissioner
92.377
Written notice to land division applicant
92.385
Examination
92.395
Waiver of examination in this state
92.405
Sale prohibited where public report not waived
92.410
Review of subdivisions for which public report issued
92.415
Advance of travel expense for examination of subdivision or series partition
92.425
Conditions prerequisite to sale
92.427
Cancellation of agreement to buy interest in subdivision or series partition
92.430
Notice to purchaser of cancellation rights
92.433
Escrow documents required of successor to vendor’s interest
92.455
Inspection of records
92.460
Blanket encumbrance permitted only in certain circumstances
92.465
Fraud and deceit prohibited
92.475
False or misleading advertising prohibited
92.485
Waiver of legal rights void
92.490
Civil penalty
92.495
Cease and desist order
92.830
Definitions for ORS 92.830 to 92.845
92.832
Policy
92.835
Subdivision of manufactured dwelling park or mobile home park
92.837
Application of city or county comprehensive plans and land use regulations
92.839
Notice to tenants of conversion and tenants’ rights during conversion
92.840
Sale of subdivision lots
92.843
Approval of declaration or amendment to declaration made pursuant to ORS 92.845
92.845
Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes
92.990
Penalties
Green check means up to date. Up to date