Chapter 197 Comprehensive Land Use Planning

Land Conservation and Development Commission

§ 197.030		Land Conservation and Development Commission
§ 197.035		Officers
§ 197.040		Duties of commission
§ 197.045		Powers of commission
§ 197.047		Notice to local governments and property owners of changes to commission rules or certain statutes
§ 197.050		Interstate agreements and compacts

§ 197.060		Biennial report
§ 197.065		Biennial report analyzing uses of certain land
§ 197.070		Public inspection of assessments prepared by commission

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Department of Land Conservation and Development

§ 197.075		Department of Land Conservation and Development
§ 197.085		Director
§ 197.090		Duties and authority of director
§ 197.095		Land Conservation and Development Account

Advisory Committees

§ 197.158		Policy-neutral review and audit of statewide land use program
§ 197.160		State Citizen Involvement Advisory Committee
§ 197.165		Local Officials Advisory Committee

Comprehensive Planning Responsibilities

§ 197.173		Findings regarding coordination between state agencies and local governments
§ 197.175		Cities’ and counties’ planning responsibilities
§ 197.178		Development applications
§ 197.180		State agency planning responsibilities
§ 197.183		Local government to notify Department of Aviation of applications received for certain water impoundments
§ 197.186		Removal from buildable lands inventory of land subject to open space tax assessment

§ 197.195		Limited land use decision
§ 197.200		Refinement plan

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Goals Compliance

§ 197.225		Preparation
§ 197.230		Considerations
§ 197.235		Public hearings
§ 197.240		Commission action
§ 197.245		Commission amendment of initial goals
§ 197.250		Compliance with goals required

§ 197.251		Compliance acknowledgment
§ 197.253		Participation in local proceedings required for submitting comments and objections
§ 197.254		Bar to contesting acknowledgment, appealing or seeking amendment
§ 197.265		State compensation for costs of defending compliance actions
§ 197.270		Copies of comprehensive plan and land use regulations
§ 197.274		Review of Metro regional framework plan
§ 197.277		Oregon Forest Practices Act
§ 197.279		Approved wetland conservation plans comply with goals
§ 197.283		Commission to assure protection of ground water resources

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Urban Growth Boundaries and Needed Housing Within Boundaries

§ 197.295		Definitions for ORS 197.295 to 197.314 and 197.475 to 197.490
§ 197.296		Factors to establish sufficiency of buildable lands within urban growth boundary
§ 197.298		Priority of land to be included within urban growth boundary
§ 197.299		Metropolitan service district analysis of buildable land supply
§ 197.301		Metropolitan service district report of performance measures
§ 197.302		Metropolitan service district determination of buildable land supply

§ 197.303		“Needed housing” defined
§ 197.304		Lane County accommodation of needed housing
§ 197.307		Effect of need for certain housing in urban growth areas
§ 197.309		Local ordinances or approval conditions effectively establishing housing sale or rental price
§ 197.311		Final action on application for certain residential developments required within 100 days
§ 197.312		Limitation on city and county authority to prohibit certain kinds of housing
§ 197.313		Interpretation of ORS 197.312
§ 197.314		Required siting of manufactured homes

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Enforcement of Planning Requirements

§ 197.319		Procedures prior to request of an enforcement order
§ 197.320		Power of commission to order compliance with goals and plans
§ 197.324		Proceedings prior to order of compliance with goals
§ 197.328		Procedures to consider order to comply with goals
§ 197.335		Order for compliance with goals
§ 197.340		Weight given to goals in planning practice

§ 197.350		Burden of persuasion or proof in appeal to board or commission
§ 197.353		Measure 37 timelines

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Expedited Land Divisions

§ 197.360		“Expedited land division” defined
§ 197.365		Application for expedited land division
§ 197.370		Failure of local government to approve or deny application within specified time
§ 197.375		Appeal of decision on application for expedited land division
§ 197.380		Application fees for expedited land division

Activities on Federal Land

§ 197.390		Activities on federal land
§ 197.395		Application for permit

Areas of Critical Concern

§ 197.405		Designation of areas of critical state concern
§ 197.410		Use and activities regulated
§ 197.416		Metolius Area of Critical State Concern
§ 197.430		Enforcement powers

Residential and Recreational Development

Siting Speedway Destination

§ 197.431		Expansion of speedway destination site
§ 197.432		Definitions for ORS 197.431 to 197.434
§ 197.433		Development of major motor speedway
§ 197.434		Traffic impacts of speedway destination

Siting of Destination Resorts

§ 197.435		Definitions for ORS 197.435 to 197.467
§ 197.440		Legislative findings
§ 197.445		Destination resort criteria
§ 197.450		Siting without taking goal exception
§ 197.455		Siting of destination resorts
§ 197.460		Compatibility with adjacent land uses

§ 197.462		Use of land excluded from destination resort
§ 197.465		Comprehensive plan implementing measures
§ 197.467		Conservation easement to protect resource site

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Mobile Home, Manufactured Dwelling and Recreational Vehicle Parks

§ 197.475		Policy
§ 197.480		Planning for parks
§ 197.485		Prohibition on restrictions of manufactured dwelling
§ 197.490		Restriction on establishment of park
§ 197.492		Definitions for ORS 197.492 and 197.493
§ 197.493		Placement and occupancy of recreational vehicle

Moratorium on Construction or Land Development

§ 197.505		Definitions for ORS 197.505 to 197.540
§ 197.510		Legislative findings
§ 197.520		Manner of declaring moratorium
§ 197.522		Local government to approve subdivision, partition or construction
§ 197.524		Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits
§ 197.530		Correction program

§ 197.540

Review by Land Use Board of Appeals

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Post Acknowledgment Procedures

§ 197.610		Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development
§ 197.612		Comprehensive plan or land use regulation changes to conform plan or regulations to new requirement in statute, goal or rule
§ 197.615		Submission of adopted comprehensive plan or land use regulation changes to Department of Land Conservation and Development
§ 197.620		Appeal of certain comprehensive plan or land use regulation decision-making
§ 197.625		Acknowledgment of comprehensive plan or land use regulation changes
§ 197.626		Submission of land use decisions that expand urban growth boundary or designate urban or rural reserves

§ 197.628		Periodic review
§ 197.629		Schedule for periodic review
§ 197.631		Commission to amend regulations to facilitate periodic review
§ 197.633		Two phases of periodic review
§ 197.636		Procedures and actions for failure to meet periodic review deadlines
§ 197.637		Department of Land Conservation and Development may request review by Housing and Community Services Department of certain local housing measures
§ 197.638		Department of Land Conservation and Development may request review by Oregon Business Development Department of local inventory and analysis of industrial and commercial land
§ 197.639		State assistance teams
§ 197.644		Modification of work program
§ 197.646		Implementation of new requirement in goal, rule or statute
§ 197.649		Fees for notice
§ 197.650		Appeal to Court of Appeals
§ 197.651		Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission

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Collaborative Regional Problem Solving

§ 197.652		Regional problem-solving process
§ 197.654		Regional problem-solving goals, actions and agreements
§ 197.656		Commission approval of comprehensive plans not in compliance with goals
§ 197.658		Modifying local work plan
§ 197.659		Commission approval of certain changes in comprehensive plans or land use regulations

Special Residences

§ 197.660		Definitions
§ 197.663		Legislative findings
§ 197.665		Locations of residential homes
§ 197.667		Location of residential facility
§ 197.670		Zoning requirements and prohibitions for residential homes and residential facilities

Farmworker Housing

§ 197.677		Policy
§ 197.680		Legislative findings
§ 197.685		Location of farmworker housing

Economic Development

§ 197.707		Legislative intent
§ 197.712		Commission duties
§ 197.713		Industrial development on industrial lands outside urban growth boundaries
§ 197.714		Cooperation of county and city concerning industrial development
§ 197.717		Technical assistance by state agencies
§ 197.719		Industrial use of abandoned or diminished mill sites

§ 197.722		Definitions for ORS 197.722 to 197.728
§ 197.723		Designation of regionally significant industrial areas
§ 197.724		Review of application for land use permit within regionally significant industrial area
§ 197.726		Jurisdiction on appeal
§ 197.727		Fee for review
§ 197.728		Rules

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Goal Exceptions

§ 197.732		Goal exceptions
§ 197.734		Exceptions to certain statewide planning goal criteria
§ 197.736		Commission implementation of ORS 197.340 and 197.732

Miscellaneous

§ 197.747		Meaning of “compliance with the goals” for certain purposes
§ 197.752		Lands available for urban development
§ 197.754		Land identified for urban services
§ 197.756		Farm use assessment in area identified for urban services
§ 197.757		Acknowledgment deadline for newly incorporated cities
§ 197.763		Conduct of local quasi-judicial land use hearings

§ 197.764		Application to remove property from within urban growth boundary
§ 197.766		Laws applicable to certain local decisions regarding urban growth boundary
§ 197.768		Local government or special district adoption of public facilities strategy
§ 197.770		Firearms training facilities
§ 197.772		Consent for designation as historic property
§ 197.794		Notice to railroad company upon certain applications for land use decision, limited land use decision or expedited land use decision
§ 197.796		Applicant for certain land use decisions may accept and appeal condition imposed on application
§ 197.798		Rules regulating transportation improvements by city or county

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Land Use Board of Appeals

§ 197.805		Policy on review of land use decisions
§ 197.810		Land Use Board of Appeals
§ 197.815		Office location
§ 197.820		Duty to conduct review proceedings
§ 197.825		Jurisdiction of board
§ 197.828		Board review of limited land use decision

§ 197.829		Board to affirm certain local government interpretations
§ 197.830		Review procedures
§ 197.831		Appellate review of clear and objective approval standards, conditions and procedures for needed housing
§ 197.832		Board Publications Account
§ 197.835		Scope of review
§ 197.840		Exceptions to deadline for final decision
§ 197.845		Stay of decision being reviewed
§ 197.850		Judicial review of board order
§ 197.855		Deadline for final court order
§ 197.860		Stay of proceedings to allow mediation

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General Provisions