Chapter 197A — Land Use Planning: Housing and Urbanization

2025 EDITION

LAND USE PLANNING: HOUSING AND URBANIZATION

MISCELLANEOUS MATTERS

GENERAL PROVISIONS

197A.015 Definitions

197A.018 Definition of “needed housing”

197A.020 Limitations on requiring contribution for government assisted housing

197A.025 Policy; rulemaking principles

197A.030 Department support to local governments and tribes to incentivize needed housing

STIMULATION OF HOUSING SUPPLY

197A.100 Housing production strategy

197A.103 Review of housing production strategy; rules

197A.110 City report on housing permitting and production

197A.115 City report on implementation of housing production strategy

197A.130 Cities with unmet housing needs; referral to housing acceleration program; housing acceleration agreement

197A.140 Expedited land division; procedures; application fee

197A.142 Eligibility for expedited land division

197A.146 Expedited process for certain residential development applications

PLANNING FOR URBAN GROWTH

(Generally)

197A.200 Local government planning for needed housing

(Temporary provisions relating to affordable housing pilot program are compiled as notes following ORS 197A.200)

(Temporary provisions relating to Stevens Road tract in City of Bend are compiled as notes following ORS 197A.200)

(Temporary provisions relating to one-time additions to urban growth boundaries are compiled as notes following ORS 197A.200)

197A.205 Housing and Community Services Department review of certain local housing measures

197A.207 Zoning for urban services; capital improvement plan; tax assessment

197A.208 Disqualification of farm use assessment upon sale for land zoned for urban services

197A.210 Development-ready lands

197A.212 Refinement plan; effect on procedures within plan area

197A.215 Application to remove property from within urban growth boundary; conditions

197A.216 Removal of open spaces from buildable lands inventory

197A.218 Availability of urban facilities and services

(Urban and Rural Reserves)

197A.230 Definitions for ORS 197A.230 to 197A.250

197A.232 Findings regarding long-range planning

197A.235 Designation of rural and urban reserves pursuant to intergovernmental agreement; rules

197A.242 Coordinated and concurrent process for designation of urban and rural reserves

197A.245 Urban reserves; rules

197A.250 Designation of certain Washington County lands

(Planning for Cities Outside Metro)

197A.270 Determination of housing capacity and accommodation of needed housing by cities with population of 25,000 or greater

197A.278 Lane County accommodation of needed housing

197A.280 Determination of housing capacity and accommodation of needed housing by cities with population of less than 25,000

197A.285 Priority of land to be included within urban growth boundaries; rules

(Alternative Urban Growth Boundary Amendment Process for Cities Outside Metro)

197A.300 Definition of “serviceable”

197A.302 Purpose; rules

197A.305 Alternative amendment process; rules

197A.310 Cities with population of less than 10,000; rules

197A.312 Cities with population of 10,000 or greater; rules

197A.315 Expansion study areas; notice; urban service agreements

197A.325 Review of final decision of city; rules

(Planning by Metro Cities and Metro)

197A.335 Determination of housing capacity and accommodation of needed housing by Metro cities

197A.340 Metro urbanizable lands; use in planning; county responsibility

197A.348 Definition of “needed housing”

197A.350 Determination of housing capacity and accommodation of needed housing by Metro

197A.355 Priority of land to be included within Metro urban growth boundary

197A.358 Metro urban growth boundary designation

197A.362 Timing of Metro accommodation of needed housing; lands for public schools

197A.365 Metro housing coordination strategy

197A.370 Metro report of performance measures

197A.372 Metro evaluation of accommodation of needed housing; corrective action; enforcement

LOCAL REGULATIONS OF USES

(Treatment Facilities)

197A.385 Residential treatment facilities

197A.386 Crisis stabilization centers

(Housing Generally)

197A.395 Limits on local government prohibitions

(Temporary provisions relating to housing land use adjustments are compiled as notes following ORS 197A.395)

197A.400 Clear and objective approval criteria required; alternative approval process

(Temporary provisions relating to limits on applying residential design standards are compiled as notes following ORS 197A.400)

197A.402 Local approval of land division or construction of housing; conditions of approval

197A.408 Adoption of preapproved residential development types; rules

197A.420 Duplexes; middle housing

197A.421 Additional accessible or affordable middle housing units

197A.425 Accessory dwelling units

197A.430 Single room occupancies

(Manufactured and Prefabricated Housing, Recreational Vehicles and Parks)

197A.431 Policy

197A.432 Siting of manufactured home or prefabricated structure

197A.434 Prohibition of restrictions on manufactured dwelling or prefabricated structure

197A.436 Planning for parks; inventory; placement and design standards

197A.438 Restriction on parks in commercial or industrial zones

197A.440 Replacement of park destroyed by natural disaster

(Affordable Housing and Emergency Shelters)

197A.445 Affordable housing allowed outright; commercial conversion to residential use; affordable housing density bonus

197A.447 Planning and uses of home start lands for affordable housing

197A.449 Conversion of hotel or motel to emergency shelter or affordable housing

197A.452 Transitional housing accommodations

197A.460 Residential use of commercial lands for affordable housing

197A.465 Local requirements to develop affordable housing

197A.470 Final action on affordable housing application; affordable housing developed by religious corporation

SOUTHWEST CORRIDOR MAX LIGHT RAIL PROJECT

197A.500 Definitions for ORS 197A.500 to 197A.521

197A.502 Legislative findings; equivalency of project procedures and requirements to certain land use procedures; construe liberally

197A.503 Preemptive effect of ORS 197A.500 to 197A.521

197A.505 Establishment of criteria for decisions in land use final order

197A.507 Procedure for review of established criteria

197A.509 Development of land use final order; steering committee; application to council for land use final order; council procedures; public hearing; notice; staff report

197A.511 Land use final order; notice

197A.513 Plan amendments; approvals; petition for writ of mandamus

197A.515 Land Use Board of Appeals review of land use final order

197A.517 Supreme Court review of Land Use Board of Appeals opinion on land use final order

197A.519 Amendments to land use final order

197A.521 Failure to meet timeline

HOUSING ACCOUNTABILITY AND PRODUCTION OFFICE

197A.800 Establishment of Housing Accountability and Production Office; rules

197A.805 Office responses to violations of housing laws

197A.810 Office enforcement orders; order request notice; rules

197A.820 Housing Accountability and Production Office Fund

Note: Definitions in 197.015 apply to ORS chapter 197A.

GENERAL PROVISIONS

197A.015 Definitions. As used in this chapter:

(1) “Allocated housing need” means the housing need allocated to a city under ORS 184.453 (2) as segmented by income level under ORS 184.453 (4).

(2) “Buildable lands” means lands in urban and urbanizable areas that are suitable, available and necessary for the development of needed housing over a 20-year planning period, including both vacant land and developed land likely to be redeveloped.

(3) “City” and “city with a population of 10,000 or greater” include, regardless of size:

(a) Any city within Tillamook County and the communities of Barview/Twin Rocks/Watseco, Cloverdale, Hebo, Neahkahnie, Neskowin, Netarts, Oceanside and Pacific City/Woods; and

(b) A county with respect to its jurisdiction over Metro urban unincorporated lands.

(4) “Development-ready lands” means buildable lands that are likely to support the production of housing during the period of their housing production target under ORS 184.455 (1) because the lands are:

(a) Currently annexed and zoned to allow housing through clear and objective standards and procedures;

(b) Readily served through adjacent public facilities or identified for the near-term provision of public facilities through an adopted capital improvement plan; and

(c) Not encumbered by any applicable local, state or federal protective regulations or have appropriate entitlements to prepare the land for development.

(5) “Government assisted housing” means housing that is financed in whole or part by either a federal or state housing agency or a housing authority as defined in ORS 456.005, or housing that is occupied by a tenant or tenants who benefit from rent supplements or housing vouchers provided by either a federal or state housing agency or a local housing authority.

(6) “Housing capacity” means the number of needed housing units that can be developed on buildable lands within the 20-year planning period based on the land’s comprehensive plan designation and capacity for housing development and redevelopment.

(7) “Housing production strategy” means a strategy adopted by a local government to promote housing production under ORS 197A.100.

(8) “Manufactured dwelling,” “manufactured dwelling park,” “manufactured home” and “mobile home park” have the meanings given those terms in ORS 446.003.

(9) “Metro urban unincorporated lands” means urban unincorporated lands within the Metro urban growth boundary.

(10) “Periodic review” means the process and procedures as set forth in ORS 197.628 to 197.651.

(11) “Prefabricated structure” means a prefabricated structure, as defined in ORS 455.010, that is relocatable, more than eight and one-half feet wide and designed for use as a single-unit dwelling.

(12) “Urban unincorporated lands” means lands within an urban growth boundary that are identified by the county as:

(a) Not within a city;

(b) Zoned for urban development;

(c) Within the boundaries of a sanitary district or sanitary authority formed under ORS chapter 450 or a district formed for the purposes of sewage works under ORS chapter 451;

(d) Within the service boundaries of a water provider with a water system subject to regulation as described in ORS 448.119; and

(e) Not zoned with a designation that maintains the land’s potential for future urbanization. [Formerly 197.286; 2024 c.102 §1; 2025 c.38 §16; 2025 c.476 §3a]

197A.018 Definition of “needed housing.” (1) As used in ORS chapter 197A, and except as provided in subsection (2) of this section:

(a) “Needed housing” means housing by affordability level, as described in ORS 184.453 (4), type, characteristics and location that is necessary to accommodate the city’s allocated housing need over the 20-year planning period in effect when the city’s housing capacity is determined.

(b) “Needed housing” includes the following housing types:

(A) Detached single-unit dwellings, middle housing types as described in ORS 197A.420 and multiunit housing that is owned or rented;

(B) Government assisted housing;

(D) Manufactured homes on individual lots planned and zoned for single-unit residential use that are in addition to lots within designated manufactured dwelling subdivisions;

(E) Housing for agricultural workers;

(F) Housing for individuals with a variety of disabilities, related to mobility or communications, that require accessibility features;

(G) Housing for older persons, as defined in ORS 659A.421;

(H) Housing for college or university students, if relevant to the region; and

(I) Single room occupancies as defined in ORS 197A.430.

(2) Subsection (1)(b)(A) and (D) of this section does not apply to:

(a) A city with a population of less than 2,500.

(b) A county with a population of less than 15,000.

(3) At the time that a city is required to inventory its buildable lands under ORS 197A.270 (2), 197A.280 (2) or 197A.335 (1), the city shall determine its needed housing under this section.

(4) In determining needed housing the city must demonstrate that the projected housing types, characteristics and locations are:

(a) Attainable for the allocated housing need by income, including consideration of publicly supported housing;

(b) Appropriately responsive to current and projected market trends; and

(c) Responsive to the factors in ORS 197A.100 (2)(b) to (d). [2023 c.13 §23; 2023 c.223 §19; 2024 c.102 §36; 2025 c.38 §17]

197A.020 Limitations on requiring contribution for government assisted housing. ORS chapter 197A does not require a city or county to contribute to the financing, administration or sponsorship of government assisted housing. [Formerly 197.313]

197A.025 Policy; rulemaking principles. (1) In adopting rules under ORS chapter 197A and statewide planning goals relating to housing or urbanization, or administering the rules or statutes, the Land Conservation and Development Commission and Department of Land Conservation and Development shall be guided by the following principles:

(a) Housing that is safe, accessible and affordable in the community of their choice should be available to every Oregonian.

(b) Building enough equitable housing must be a top priority.

(c) The development and implementation of the housing production strategy should be the focal point by which the department collaborates with local governments to address and eliminate local barriers to housing production.

(d) Expertise, technical assistance, model ordinances and other tools and resources to address housing production should be provided to local governments, using cooperative planning tools embodied in ORS 197A.103 and 197A.130, but not to the exclusion of the expedient use of enforcement authority, including compliance orders under ORS 197.319 to 197.335.

(e) Housing production should support fair and equitable housing outcomes, environmental justice, climate resilience and access to opportunity.

(f) Housing production should not be undermined by litigation, regulatory uncertainty or repetitive or unnecessary procedures.

(g) Local governments, to the greatest extent possible, should take actions within their control to facilitate the production of housing to meet housing production targets under ORS 184.455.

(2) Each public body, as defined in ORS 174.109, shall use its authority to remove barriers to, and to create pathways for, the development of needed housing and shall collaborate with the department and local governments to identify and implement strategies to support housing production where there is insufficient housing production and choice.

(3) In adopting rules implementing ORS chapter 197A and statewide land use goals relating to housing and urbanization, the commission may approve a range of methodologies, policy options or assumptions that a local government may adopt in determining:

(a) Needed housing;

(b) Housing production strategies or housing coordination strategies;

(d) Amendments to urban growth boundaries, including under ORS 197A.215, 197A.270 (5)(a), 197A.285, 197A.300 to 197A.325, 197A.350 (6)(a) and 197A.362; or

(e) Adoption or amendments to urban reserves or rural reserves under ORS 197A.230 to 197A.250. [2023 c.13 §8; 2024 c.102 §38]

Note: Section 22, chapter 476, Oregon Laws 2025, provides:

Sec. 22. (1) On or before January 1, 2028, the Land Conservation and Development Commission shall adopt rules that must include:

(a) Prohibiting or restricting siting and design standards that prevent or discourage, or have the effect of preventing or discouraging, the siting of middle housing that is manufactured, site-built or prefabricated;

(b) Establishing parameters on unreasonable cost or delay for siting and design standards for accessory dwelling units and single room occupancies under standards allowed under ORS 197A.425 and 197A.430;

(c) Regulating cottage clusters for the purposes of incentivizing the provision of smaller, less expensive housing, shared community amenities and other public benefits and including regulations that implement the term “small footprint or floor area” as used within the definition of cottage clusters in ORS 197A.420;

(d) Amending siting and design parameters for middle housing types;

(e) Amending permissible discretionary criteria applied by local government in evaluating housing under ORS 197A.400 (3);

(f) Developing model system development charges for residential development types for optional adoption or incorporation by local governments; and

(g) Establishing procedures to estimate the reasonable zoned housing capacity of an area as part of an inventory of buildable lands or housing capacity under ORS 197A.270, 197A.280 and 197A.350.

(2) In adopting rules under this section, the commission shall:

(a) Emphasize improving the efficiency of the development process with a focus on increasing housing production, availability and affordability, especially that of middle housing, accessory dwelling units and single room occupancies.

(b) To the extent practicable, implement recommendations in the reports produced under section 5 (1) to (3), chapter 110, Oregon Laws 2024.

(d) Adopt operative and applicable dates for the rules, subject to section 3, chapter 639, Oregon Laws 2019.

(e) Provide a report on or before July 1, 2028, to the interim committees of the Legislative Assembly relating to land use, in the manner provided in ORS 192.245, on the feasibility and advisability of providing safe harbor protections for cities that use the commission’s model system development charges under subsection (1)(f) of this section or otherwise incentivizing the use of the models. [2025 c.476 §22]

197A.030 Department support to local governments and tribes to incentivize needed housing. The Department of Land Conservation and Development may provide technical assistance and award grants to local governments and federally recognized Indian tribes in this state to enable local governments to implement the provisions of ORS chapter 197A and to enable local governments and tribes to take other actions to incentivize the production of needed housing within the jurisdiction of the local government or tribe or on lands owned or managed by a federally recognized Indian tribe. [2023 c.13 §10; 2025 c.38 §1]

Note: 197A.030 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

STIMULATION OF HOUSING SUPPLY

197A.100 Housing production strategy. (1) A city with a population of 10,000 or greater shall develop and adopt a housing production strategy under this section no later than the latter of the date:

(a) One year after the city’s deadline for completing a housing capacity determination under ORS 197A.270 (2), 197A.280 (2) or 197A.335 (1); or

(b) If the city was referred to the housing acceleration program under ORS 197A.130, three years following the most recent adoption of a strategy.

(2) A housing production strategy must include a list of specific actions, including the adoption of measures and policies, that the city shall undertake to promote:

(a) The development of needed housing;

(b) The development and maintenance of housing that is of diverse housing types, high-quality, affordable and accessible;

(d) Affirmatively furthering fair housing.

(3) Actions that may be included in a housing production strategy include:

(a) The reduction of financial and regulatory impediments to developing needed housing, including removing or easing approval standards or procedures for needed housing at higher densities or that is affordable;

(b) The creation of financial and regulatory incentives for development of needed housing, including creating incentives for needed housing at higher densities or that is affordable;

(c) The development of a plan to access resources available at local, regional, state and national levels to increase the availability and affordability of needed housing;

(d) Target development on identified development-ready lands;

(e) Actions that affirmatively further fair housing;

(f) Actions that:

(A) Increase housing diversity, efficiency and affordability, including new construction and the preservation of naturally occurring affordable housing;

(B) Allow greater housing choice for households and greater flexibility in location, type and density;

(D) Prepare land for development or redevelopment, including:

(i) Public facilities planning and other investment strategies that increase the readiness of land for development for housing production;

(ii) Site preparation, financial incentives or other incentive-based measures that increase the likelihood of development or redevelopment of land; or

(iii) The redevelopment of underutilized commercial and employment lands for housing or a mix of housing and commercial uses; or

(g) Any other actions identified by rule of the Land Conservation and Development Commission intended to promote housing production, affordability and choice.

(4) Actions proposed in a city’s housing production strategy shall include clear deadlines by which the city expects to undertake the action.

(5) In creating a housing production strategy, a city shall review and consider:

(a) Socioeconomic and demographic characteristics of households living in existing needed housing;

(b) Market conditions affecting the provision of needed housing;

(d) Existing and expected barriers to the development of needed housing; and

(e) For each action the city includes in its housing production strategy:

(A) The schedule for its adoption;

(B) The schedule for its implementation;

(D) The time frame over which it is expected to impact needed housing.

(6) The housing production strategy must include within its index a copy of the city’s most recently completed housing production strategy implementation report under ORS 197A.115.

(7) The adoption of a housing production strategy is not a land use decision and is not subject to appeal or review except as provided in ORS 197A.103.

(8) A city with a population of less than 10,000 may develop a housing production strategy as provided in this section.

(9) As used in this section, “affirmatively furthering fair housing” means meaningful actions that, when taken together, address significant disparities in housing needs and access to opportunity and replace segregated living patterns with truly integrated and balanced living patterns to transform racially and ethnically concentrated areas of poverty into areas of opportunity and foster and maintain compliance with civil rights and fair housing laws. [Formerly 197.290; 2025 c.38 §5a]

197A.103 Review of housing production strategy; rules. (1) No later than 20 days after a city’s adoption or amendment of a housing production strategy under ORS 197A.100, a city shall submit the adopted strategy or amended strategy to the Department of Land Conservation and Development.

(2) The submission under subsection (1) of this section must include copies of:

(a) The signed decision adopting the housing production strategy or amended strategy;

(b) The text of the housing production strategy clearly indicating any amendments to the most recent strategy submitted under this section; and

(3) On the same day the city submits notice of the housing production strategy or amended strategy, the city shall provide a notice to persons that participated in the proceedings that led to the adoption of the strategy and requested notice in writing.

(4) Within 10 days of receipt of the submission under subsection (1) of this section, the department shall provide notice to persons described under ORS 197.615 (3).

(5) The notices given under subsections (3) and (4) of this section must state:

(a) How and where materials described in subsection (2) of this section may be freely obtained;

(b) That comments on the strategy may be submitted to the department within 45 days after the department has received the submission; and

(6) Based upon criteria adopted by the Land Conservation and Development Commission, the department shall, within 120 days after receiving the submission under subsection (1) of this section:

(a) Approve the housing production strategy;

(b) Approve the housing production strategy, subject to further review and actions; or

(7) A determination by the department under subsection (6) of this section is not a land use decision and is final and not subject to appeal.

(8) The Land Conservation and Development Commission may adopt rules describing circumstances in which a city’s amendment to a comprehensive plan or adoption of a land use regulation is not subject to review, including under ORS 197.610 to 197.625, for compliance with a statewide land use planning goal related to transportation or economic development if the amendment or adoption is included within a housing production strategy that has been approved under subsection (6) of this section. In establishing circumstances under this subsection, the commission shall provide equal weight to housing, economic and transportation statewide land use planning goals as required under ORS 197.340. [Formerly 197.291]

197A.110 City report on housing permitting and production. (1) Each year, by a date established by the Department of Land Conservation and Development, each city with a population of 10,000 or greater shall submit to the department a report for the immediately preceding calendar year setting forth:

(a) The number of residential units permitted and the number produced, segmented by:

(A) Single-unit dwellings.

(B) Accessory dwelling units.

(D) Multiunit housing, not including middle housing.

(E) Units with accessibility features or of an accessibility category as recognized by a building code established under ORS chapter 455.

(b) For each segment under paragraph (a) of this subsection, the number of units that were subject to a recorded agreement that runs with the land and that requires affordability for an established income level for a defined period, but that would not be included in the inventory of publicly supported housing described in ORS 456.601 (4)(a).

(2) The Department of Land Conservation and Development, in consultation with the Housing and Community Services Department, shall develop a format by which data required under this section must be submitted. The Department of Land Conservation and Development shall provide a copy of any form or notice of the format to each city required to provide a report.

(3) The Department of Land Conservation and Development shall provide a copy of the data received under this section to the Oregon Department of Administrative Services and the Housing and Community Services Department each year. [2023 c.13 §37; 2025 c.2 §9; 2025 c.38 §8]

197A.115 City report on implementation of housing production strategy. Between 12 and 18 months before a city’s deadline for completing a housing capacity determination under ORS 197A.270 (2), 197A.280 (2) or 197A.335 (1), each city with a population of 10,000 or greater shall submit to the Department of Land Conservation and Development a report setting forth the actions that a city has taken since its most recent housing capacity determination to implement its housing production strategy or to otherwise encourage the development of needed housing, to increase the affordability of housing, to reduce rent burdens, to affirmatively further fair housing or to otherwise meet the purposes of ORS 197A.100 (2). [2023 c.13 §38]

197A.130 Cities with unmet housing needs; referral to housing acceleration program; housing acceleration agreement. (1) In developing and implementing this section and performing its duties under ORS 197.319 (4), the Department of Land Conservation and Development shall be guided by ORS 197A.025 (1) and the following principles:

(a) Increasing housing production;

(b) Developing affordable and equitable housing;

(d) Responding proportionately to housing underproduction;

(e) Escalating enforcement to address persistent, repeated or deliberate noncompliance with housing production strategies and action items; and

(f) Considering the availability of state resources to support housing production.

(2)(a) In determining whether a city should be referred under subsection (3) of this section, the department may base its evaluation on the city’s relative performance with consideration of its region, as established in the Oregon Housing Needs Analysis under ORS 184.451 (1), on any one of, or any combination of, the following:

(A) A city’s progress, proportionate to its population size, toward the total housing production target under ORS 184.455 (2)(a).

(B) A city’s progress, proportionate to its population size, toward the housing production targets for those affordability levels for families making less than 80 percent of median family income under ORS 184.455 (2)(b).

(b) The department may not base a determination made under this subsection solely on a city’s performance on any single equity indicator.

(3) Each year, the department shall refer into its housing acceleration program, under subsection (4) of this section:

(a) Of those cities that adopted a housing production strategy more than three but less than four years ago, including as required by subsection (7)(a) of this section, the lowest performing cities, if any exist, as determined under subsection (2) of this section;

(b) Each city that has failed to adopt a housing production strategy by the deadline under ORS 197A.100 (1);

(c) Each city that has failed to undertake actions in its housing production strategy by the deadline under ORS 197A.100 (4); and

(d) Cities referred under ORS 197.319 (4).

(4) For each city referred to the housing acceleration program, within six months, the department shall, in cooperation with the city, complete an audit of specific housing barriers, that must include an analysis of the following factors affecting housing production, affordability and choice:

(a) The existing housing production strategy and the documents and record supporting the strategy;

(b) Public written comments and invited stakeholder feedback received by a date specified by the department;

(d) Permitting and approval processes relating to development of housing and infrastructure supporting housing;

(e) Required fees, exactions and improvements;

(f) Actions and inactions that can impact fair and equitable housing outcomes, environmental justice, climate resilience and location choice;

(g) Local resource deficiencies, including staffing, public facilities, capital improvements to infrastructure, availability of buildable lands and actions or investments to prepare land for development;

(h) Specific additional state resources that could support housing production;

(i) Changes to state laws or rules or the regulations, policies, actions or inactions of any public body, as defined in ORS 174.109, as that could impact housing production; and

(j) Other factors limiting housing that are not within the city’s control.

(5) In performing an audit under subsection (4) of this section, the department:

(a) May request concurrent review of the city’s measures and housing production strategies under ORS 197A.205; and

(b) Shall notify any public body identified under subsection (4)(i) of this section.

(6) Within six months following an audit under subsection (4) of this section, the city and the department must enter into a housing acceleration agreement that is based on and proportionate to the city’s basis for referral under subsection (3) of this section and informed by the audit under subsection (4) of this section.

(7) Under the housing acceleration agreement, the department shall agree to provide:

(a) Specified technical assistance, regulatory support and other assistance, to assist the city in performing its agreement under subsection (8) of this section;

(b) Specific funding under the department’s control; and

(8) Under the housing acceleration agreement, the city shall agree to:

(a) If the department determines that the factors affecting housing production, affordability and choice are a consequence of policies and practices that are directly within the city’s control, adopt an amended housing production strategy within six months that includes:

(A) A timeline for performance under ORS 197A.100 (4) of no less than one year; and

(B) Specified actions which may include, but are not limited to:

(i) Actions under ORS 197A.100 (3);

(ii) Dedicating funds for increased local capacity to facilitate housing production, affordability and choice;

(iii) Dedicating funds for public facilities and infrastructure necessary to support housing production;

(iv) Taking measures that increase the availability of development-ready land;

(v) Amending the development code, approval criteria or procedures to reduce cost or delay to housing production; and

(vi) Taking emergency temporary measures to support housing production; and

(b) Join any department initiated interagency mediation to identify policies and resources that would support housing production in the city.

(9) The department may require that a city that is not required to adopt an amendment to its housing production strategy under subsection (8)(a) of this section include findings at the time that the city is next required to adopt a housing production strategy under ORS 197A.100 (1) that describe how the city has addressed the audit’s findings and any suggested actions.

(10) The department may grant limited extensions to deadlines under subsections (3)(b) and (c) and (8)(a) of this section for emergencies, good cause or other factors outside of the city’s control.

(11) The actions by a city or department under this section are not land use decisions and are not subject to appeal or review.

(12) All public bodies, as defined in ORS 174.109, are directed to assist cities and the department in the performance of their duties under this section and to take timely action to ensure that the agency’s rules or policies do not unduly delay implementation of a housing acceleration agreement under this section. [Formerly 197.293]

197A.140 Expedited land division; procedures; application fee. Notwithstanding any other requirement applicable to a land use decision under ORS chapter 197 or 197A, for an application that is reviewed as an expedited land division based on the request of the applicant:

(1) A decision is not subject to the requirements of ORS 197.797.

(2) A local government:

(a) Shall make a decision to approve or deny the application within 63 days of receiving a completed application as described in ORS 215.246 or 227.178, based on whether the application satisfies the substantive requirements of the applicable land use regulations. An approval may include conditions to ensure that the application meets the applicable land use regulations.

(b) May not hold a hearing on the application or allow any third party to intervene to oppose the application.

(c) Shall issue a written determination of compliance or noncompliance with applicable land use regulations that includes a summary statement explaining the determination. The summary statement may be in any form reasonably intended to communicate the local government’s basis for the determination. The determination must include an explanation of the applicant’s right to appeal the determination under ORS 197.830 to 197.855.

(d) Shall provide notice of the decision to the applicant but may not require that notice be given to any other person.

(e) May assess an application fee calculated to recover the estimated full cost of processing an application based on the estimated average cost of such applications. Within one year of establishing a fee under this section, the city or county shall review and revise the fee, if necessary, to reflect actual experience in processing expedited land decisions.

(3) Only the applicant may appeal an expedited land division made under this section. [Formerly 197.365]

197A.142 Eligibility for expedited land division. (1) If requested by the applicant, a local government shall approve a partition or subdivision made under ORS 92.010 to 92.192, 92.205 to 92.245 or 92.830 to 92.845 as an expedited land division under ORS 197A.140 if the division:

(a) Includes only land that is zoned for residential uses and is within an urban growth boundary.

(b) Is solely for the purposes of residential use, including recreational or open space uses accessory to residential use.

(c) Does not provide for dwellings or accessory buildings to be located on land that is specifically mapped and designated in the comprehensive plan and land use regulations for full or partial protection of natural features under the statewide planning goals that protect:

(A) Open spaces, scenic and historic areas and natural resources;

(B) The Willamette River Greenway;

(D) Coastal shorelands; and

(E) Beaches and dunes.

(d) Satisfies minimum street or other right-of-way connectivity standards established by acknowledged land use regulations or, if such standards are not contained in the applicable regulations, as required by statewide planning goals or rules.

(e) Will result in development that either:

(A) Creates enough lots or parcels to allow building residential units at 80 percent or more of the maximum net density permitted by the zoning designation of the site; or

(B) Will be sold or rented to households with incomes below 120 percent of the median family income for the county in which the project is built.

(2) ORS 197A.140 applies to all elements of a local government comprehensive plan and land use regulations applicable to a land division, including any planned unit development standards and any procedures designed to regulate:

(a) The physical characteristics of permitted uses;

(b) The dimensions of the lots or parcels to be created; or

(c) Transportation, sewer, water, drainage and other facilities or services necessary for the proposed development, including but not limited to right-of-way standards, facility dimensions and on-site and off-site improvements.

(3) An application under this section must describe the manner in which the proposed division complies with each of the provisions of subsection (1) of this section. [Formerly 197.360]

197A.146 Expedited process for certain residential development applications. (1) This section applies only to a land use decision for residential development based on an application for:

(a) A zone change to allow for a denser residential use designation;

(b) A planned unit development; or

(2) This section applies only to an application for land that is, at the time of the application:

(a) Inside the urban growth boundary; and

(b) Zoned primarily for residential use or mixed residential use or planned for residential use.

(3) This section does not apply to an application:

(a) That would reduce the minimum residential density of land.

(b) For a final subdivision or partition plat.

(d) For final engineering plans under ORS 195.860.

(e) Subject to a ministerial or other expedited approval procedure, including a residential use allowed outright.

(4) An application under this section:

(a) Is not subject to the requirements of ORS 197.797.

(b) Must be reviewed under the procedures described in a local government’s land use regulations, except as provided in this section.

(5)(a) The local government shall provide written notice of an application under this section to owners of property within 100 feet of the site for which the application is made and to any neighborhood or community organization recognized by the governing body and whose boundaries include the site. The list of owners must be compiled from the most recent property tax assessment roll.

(b) A local government is not required to provide a hearing, as described in ORS 197.610 to 197.625, on an application made under this section if the local government provides a copy of the notice required under this subsection to the Department of Land Conservation and Development in the manner provided by ORS 197.610 and 197.615.

(A) Provide a 14-day period for submission of written comments prior to the decision;

(B) State that issues which may provide the basis for an appeal to the Land Use Board of Appeals must be raised in writing prior to the expiration of the comment period. Issues shall be raised with sufficient specificity to enable the decision maker to respond to the issue;

(D) Set forth the street address or other easily understood geographical reference to the subject property;

(E) State the place, date and time that comments are due;

(F) State that copies of all evidence relied upon by the applicant are available for review and that copies can be obtained at cost;

(G) Include the name and phone number of a local government contact person;

(H) Provide notice of the decision to the applicant and any person who submits comments under subparagraph (A) of this paragraph. The notice of decision must include an explanation of appeal rights; and

(I) Briefly summarize the local process for reaching a final decision on the application.

(d) The local government shall provide an affidavit or other certification describing the notice given under this subsection.

(6) Approval or denial of the application must be based upon and accompanied by a brief statement that explains the criteria and standards considered relevant to the decision, states the facts relied upon in rendering the decision and explains the justification for the decision based on the criteria, standards and facts set forth.

(7) The initial decision on the application must be made without a hearing. A local government may provide for a hearing on appeal of the initial decision. The hearing may be limited to the record developed for the initial decision under subsection (5) of this section or may allow for the introduction of additional testimony or evidence. A hearing on appeal that allows the introduction of additional testimony or evidence must comply with the requirements of ORS 197.797. Written notice of the local government’s final decision must be given to all parties who participated in the decision and must include an explanation of a party’s right to appeal the decision. [2025 c.330 §3]

Note: 197A.146 becomes operative July 1, 2026. See section 6, chapter 330, Oregon Laws 2025.

PLANNING FOR URBAN GROWTH

(Generally)

197A.200 Local government planning for needed housing. (1) The availability of affordable, decent, safe and sanitary housing opportunities for persons of lower, middle and fixed income, including agriculture workforce housing, is a matter of statewide concern.

(2) Many persons of lower, middle and fixed income depend on government assisted housing as a source of affordable, decent, safe and sanitary housing.

(3) A local government shall permit needed housing in one or more zoning districts or in zones described by some comprehensive plans as overlay zones with sufficient buildable land to satisfy that need. [Formerly subsections (1) to (3) of 197.307]

(Temporary provisions relating to affordable housing pilot program)

Note: Sections 1 to 9, chapter 52, Oregon Laws 2016, provide:

Sec. 1. Sections 2 to 9 of this 2016 Act are added to and made a part of ORS 197.295 to 197.314 [series became ORS chapter 197A]. [2016 c.52 §1]

Sec. 2. Legislative findings. The Legislative Assembly finds and declares that a supply of land dedicated to affordable housing, planned and zoned to encourage development of affordable housing and protected for affordable housing siting over a long period, is necessary for the economic prosperity of communities in this state. [2016 c.52 §2]

Sec. 3. Affordable housing pilot program. The Land Conservation and Development Commission, working with the Housing and Community Services Department, other state agencies and local governments, shall establish and implement an affordable housing pilot program. Notwithstanding any statewide land use planning goal provisions specifying requirements for amending urban growth boundaries, the commission shall adopt rules to implement the pilot program on or before July 1, 2017. The pilot program is intended to:

(1) Encourage local governments to provide an adequate supply of land within urban growth boundaries that is dedicated to affordable housing;

(2) Encourage the development of affordable housing on land dedicated to affordable housing; and

(3) Protect land dedicated to affordable housing from conversion to other uses before or after the development of affordable housing. [2016 c.52 §3]

Sec. 4. Establishment of site selection process. (1) Under the rules adopted under section 3, chapter 52, Oregon Laws 2016, the Land Conservation and Development Commission shall establish a site selection process by which the commission shall select two pilot projects, one from a city with a population of 25,000 or less and one from a city with a population greater than 25,000, from among nominations made by local governments. However, if the commission has not received any qualifying nominations from a city with a population of 25,000 or less on or before January 1, 2020, the commission may select any two pilot projects eligible for selection on or before August 17, 2018.

(2) A local government may nominate a pilot project that provides a site dedicated to affordable housing within the jurisdiction of the local government.

(3) When nominating a pilot project for the site selection process, a local government shall:

(a) Submit a concept plan for the pilot project, including any proposed amendments to the comprehensive plan and land use regulations required to implement the pilot project; and

(b) Demonstrate that the landowner of the site has agreed to designation of the landowner’s property as a pilot project for the purposes of sections 2 to 9, chapter 52, Oregon Laws 2016.

(4) The commission shall select pilot projects that are:

(a) Reasonably likely to provide a site for affordable housing that would not otherwise be provided without the special provisions of the pilot program;

(b) Reasonably likely to serve identified populations in the area that require affordable housing;

(d) Near public facilities and services, including roadways and an identified transit corridor to serve the area, or for which public facilities and services are planned and reasonably likely to be provided at a reasonable cost in the near future;

(e) Located, planned and zoned to avoid or minimize adverse effects on natural resources and nearby farm and forest uses if the pilot project would require amending an urban growth boundary to include the pilot project site; and

(f) Nominated by a local government that demonstrates efforts by the local government to accommodate and encourage the development of needed housing within its existing urban growth boundary.

(5) The following local governments are not eligible for nomination or selection under the pilot program:

(a) Clackamas, Marion, Multnomah, Polk and Washington Counties and cities within Clackamas, Marion, Multnomah, Polk and Washington Counties;

(b) Metro and cities and counties included in the Metro urban growth boundary; and

(6) In addition to the pilot projects selected by the commission under subsection (1) of this section, the commission may select a nominated pilot project that:

(a) Is submitted by the City of Pendleton; and

(b) Complies with the requirements of subsections (3) and (4) of this section. [2016 c.52 §4; 2019 c.32 §1; 2021 c.112 §1; 2023 c.221 §1]

Sec. 5. Rules. (1) The Land Conservation and Development Commission shall, by rule:

(a) Define “affordable housing”;

(b) Specify types of affordable housing allowed on pilot project sites, including sites that are used as manufactured dwelling parks;

(c) Limit the total acreage of all lots and parcels included in each pilot project site to not greater than 50 acres; and

(d) Specify local government efforts that serve to demonstrate that the local government is accommodating and encouraging development of needed housing within its existing urban growth boundary.

(2) The commission shall specify by rule related requirements for affordable housing that may include a sales price or rental rate range, taking into consideration:

(a) Housing prices within the region compared to the income of residents of that region;

(b) The availability of government assisted housing in the region;

(c) The need for sites to accommodate manufactured dwellings, as defined in ORS 446.003, due to the conversion of manufactured dwelling parks or mobile home parks in the region to other uses; and

(d) Other relevant factors as identified by the commission.

(3) The commission may adopt rules that authorize mixed income housing developments that include affordable housing on pilot project sites. [2016 c.52 §5]

Sec. 6. Expedited process for amending urban growth boundaries to include selected site. (1) Notwithstanding ORS 197A.320 [renumbered 197A.285] and without regard to whether an urban growth boundary already contains a 20-year supply of buildable lands, the Land Conservation and Development Commission by rule may establish an expedited process for amending urban growth boundaries to include pilot project sites selected under section 4 of this 2016 Act.

(2) An amendment to an urban growth boundary pursuant to this section must identify the specific goal and rule requirements related to urban growth boundaries from which a local government is exempt for the purpose of implementing the pilot program.

(3) Pilot project sites included within an urban growth boundary amended pursuant to this section must:

(a) Be dedicated to affordable housing; and

(b) Remain planned and zoned for affordable housing, except as otherwise provided in rules adopted pursuant to section 5 (3) of this 2016 Act. [2016 c.52 §6]

Sec. 7. Site protection from conversion to other uses. (1) The local government of a pilot project site selected by the Land Conservation and Development Commission under section 4 of this 2016 Act shall protect the pilot project site within its urban growth boundary from conversion to other uses before, during and after the development of affordable housing at the pilot project site, except as provided otherwise in rules adopted by the commission under section 5 (3) of this 2016 Act.

(2) The local government of a pilot project site selected by the commission shall ensure that housing developed on the site continues to be used to provide affordable housing for a period of at least 50 years after the selection of the pilot project site through:

(a) Zoning restrictions;

(b) Guaranteed rental rates or sales prices;

(c) Incentives, contract commitments, density bonuses or other voluntary regulations, provisions or conditions designed to increase the supply of moderate or lower cost housing units;

(d) Other regulations, provisions or conditions determined by the local government to be effective in maintaining the affordability of housing on land selected for a pilot project under section 4 of this 2016 Act; or

(e) Restrictive agreements entered into with sources of affordable housing funding.

(3) The local government of a pilot project site selected by the commission may authorize a mix of affordable housing and other housing types on the site, provided that the percentage of affordable housing units developed on the site meets or exceeds requirements specified in rules adopted by the commission pursuant to section 5 (3) of this 2016 Act. [2016 c.52 §7]

Sec. 8. Certain local government actions prohibited. (1) The local government of a pilot project site selected by the Land Conservation and Development Commission under section 4 of this 2016 Act may not plan or zone the site to allow a use or mix of uses not authorized under sections 2 to 9 of this 2016 Act unless the local government withdraws the pilot project site from the urban growth boundary and rezones the site pursuant to law, statewide land use planning goals and land use regulations implementing the goals that regulate allowable uses of land outside urban growth boundaries.

(2) A local government may not use sections 2 to 9 of this 2016 Act to bring high-value farmland, as determined by the commission, within its urban growth boundary.

(3) The inclusion of pilot project sites dedicated to affordable housing within an urban growth boundary pursuant to sections 2 to 9 of this 2016 Act does not authorize a local government to convert buildable lands within the urban growth boundary that are planned for needed housing, as defined in ORS 197.303 [renumbered 197A.348], to other uses.

(4) Notwithstanding ORS 197.309 (2) [renumbered 197A.465 (2)], for a pilot project site selected under section 4 of this 2016 Act, and affordable housing developed on a selected pilot project site, a local government may take any action described in ORS 197.309 that has the effect of establishing the sales price for a housing unit or residential building lot or parcel, or that requires a housing unit or residential building lot or parcel to be designated for sale to a particular class or group of purchasers.

(5) Sections 2 to 9 of this 2016 Act do not constitute a statutory contract. A pilot project site selected under section 4 of this 2016 Act and affordable housing developed on a selected pilot project site remain subject to new or additional regulatory requirements authorized by law, statewide land use planning goals and land use regulations implementing the goals.

(6) As used in this section, “lot” and “parcel” have the meanings given those terms in ORS 92.010. [2016 c.52 §8]

Sec. 9. Reporting requirement. The Land Conservation and Development Commission shall report on the progress of the pilot program, in the manner provided in ORS 192.245, to the committees of the Legislative Assembly related to housing and human services:

(1) At least once during each of three consecutive regular sessions of the Legislative Assembly, beginning with the 2017 regular session of the Legislative Assembly; and

(2) At least once following adjournment sine die of the regular sessions of the Legislative Assembly described in subsection (1) of this section, but no later than the convening of the next regular session of the Legislative Assembly. [2016 c.52 §9]

Note: Section 2, chapter 112, Oregon Laws 2021, provides:

Sec. 2. (1) Sections 2, 3, 5, 6, 7, 8 and 9, chapter 52, Oregon Laws 2016, are repealed on January 2, 2028.

(2) Section 4, chapter 52, Oregon Laws 2016, as amended by section 1, chapter 32, Oregon Laws 2019, section 1, chapter 112, Oregon Laws 2021, and section 1 of this 2023 Act, is repealed on January 2, 2028. [2021 c.112 §2; 2023 c.221 §2]

(Temporary provisions relating to Stevens Road tract in City of Bend)

Note: Sections 1 to 10, chapter 552, Oregon Laws 2021, provide:

Sec. 1. Sections 2 to 9 of this 2021 Act are added to and made a part of ORS chapter 197 [series became ORS chapters 197 and 197A]. [2021 c.552 §1]

Sec. 2. Definitions. As used in sections 2 to 9 of this 2021 Act:

(1) “City” means the City of Bend.

(2) “Council” has the meaning given that term in ORS 227.010.

(3) “Planning commission” means a planning commission described in ORS 227.090.

(4) “Stevens Road planning amendments” means amendments to the city’s comprehensive plans, land use regulations or zoning maps that affect the development of the Stevens Road tract.

(5) “Stevens Road tract” means land that:

(a) Is located in tax lot 100 of section 11, township 18 south, range 12 east of the Willamette Meridian in Deschutes County;

(b) Was conveyed to the Department of State Lands through a lot line adjustment bargain and sale deed recorded on October 17, 2019, in the deed records of Deschutes County under recorder number 2019-39926; and

Sec. 3. Stevens Road planning generally. (1) Actions taken under sections 2 to 9 of this 2021 Act:

(a) Are not land use decisions, as defined in ORS 197.015.

(b) If taken by the city, are not subject to any review except by the Department of Land Conservation and Development under sections 2 to 9 of this 2021 Act.

(c) If taken by the department, are not considered rulemaking and are not subject to ORS 183.325 to 183.410 or 183.710 to 183.730 and, notwithstanding ORS 183.484 or 183.485, are appealable directly to the Court of Appeals.

(d) If taken under an exercise of discretion authorized under sections 2 to 9 of this 2021 Act, are a final action, are entitled to deference and are not subject to an evidentiary review on appeal notwithstanding ORS 34.040 (1)(c), 183.482 (8)(c) or 183.484 (5)(c).

(2) If the department approves Stevens Road planning amendments under sections 7 to 9 of this 2021 Act:

(a) Any subsequent land use decision within the Stevens Road tract is a land use decision subject to the ordinary procedures and requirements of ORS chapters 197 [series became ORS chapters 197 and 197A] and 227, statewide land use planning goals, rules adopted by the Land Conservation and Development Commission or the department, the city’s comprehensive plan and land use regulations and the requirements set forth in section 9 (1) of this 2021 Act.

(b) Violations of sections 2 to 9 of this 2021 Act may be the basis for the initiation of enforcement action under ORS 197.319 to 197.335. [2021 c.552 §3]

Sec. 4. Confirmation of intent. The Department of Land Conservation and Development may not approve an urban growth boundary amendment or Stevens Road planning amendments under sections 6 to 9 of this 2021 Act unless, on or before December 31, 2022:

(1) The city has submitted a letter to the department expressing the city’s nonbinding intent to consider a conceptual plan under section 5 of this 2021 Act; and

(2) The owner of the Stevens Road tract has:

(a) Submitted a letter to the department giving its consent to the city’s pursuit of the urban growth boundary expansion and planning amendments under sections 6 to 9 of this 2021 Act; and

(b) Established an agreement with the city that:

(A) Is binding on the successors of the owners;

(B) Is contingent upon the final approval of the planning amendments; and

(C) Establishes the essential terms, including the price per acre, but not requiring that specific lands be designated, for the department’s conveyances to the city of real property consistent with section 9 (2) and (3) of this 2021 Act. [2021 c.552 §4]

Sec. 5. Conceptual plan approval. (1) As used in this section, “conceptual plan” means an ordinance or resolution adopted by the city’s council that:

(a) Explains in general terms the expected Stevens Road planning amendments, including intended uses and zoning of the Stevens Road tract; and

(b) Explains the factual basis and reasons for the expected Stevens Road planning amendments.

(2) At least 14 days before each opportunity for public participation under subsection (3) of this section, the city must provide published notice of the opportunity.

(3) Before consideration of a conceptual plan, the city must provide opportunities for public participation, including at least:

(a) A public open house;

(b) A meeting of the city’s planning commission where public testimony is considered;

(d) A public comment period.

(4) Before consideration of a conceptual plan, the city must consult with, and provide the opportunity for written comment from, the owner of the Stevens Road tract and the Department of Land Conservation and Development.

(5) The city may not submit an approved conceptual plan to the department after July 1, 2022.

(6) The department may approve the conceptual plan if:

(a) The department has received the letters described in section 4 of this 2021 Act; and

(b) In the department’s discretion, considering the conceptual plan along with any supporting documentation and relevant public comment, the proposed development of the Stevens Road tract would be capable of meeting the requirements of sections 7 to 9 of this 2021 Act.

(7) The department may not approve an urban growth boundary expansion or Stevens Road planning amendments under sections 6 to 9 of this 2021 Act unless the department has approved the city’s conceptual plan under this section.

(8) No later than 90 days after receiving a conceptual plan, the department shall approve or remand the conceptual plan by written notice delivered to the city.

(9) No later than 90 days after receiving a notice of remand, the city may approve and submit an amended conceptual plan to the department for review under this section. [2021 c.552 §5]

Sec. 6. Stevens Road urban growth boundary expansion. (1) Notwithstanding ORS 197.286 to 197.314 [series became ORS chapter 197A], 197.626 or 197A.320 [renumbered 197A.285] or any statewide land use planning goal related to housing or urbanization, the Department of Land Conservation and Development shall approve an expansion of the urban growth boundary submitted by the city and approved by the city by ordinance, if the department determines that:

(a) The department has received the letters required by section 4, chapter 552, Oregon Laws 2021;

(b) The department has approved the city’s conceptual plan under section 5, chapter 552, Oregon Laws 2021; and

(c) The proposed urban growth boundary expansion adds all of the Stevens Road tract and no other lands to the area within the city’s urban growth boundary.

(2) The city shall include the lands brought within the city’s urban growth boundary under this section in the city’s inventory of buildable lands under section 22 of this 2023 Act [197A.270]. [2021 c.552 §6; 2023 c.13 §103]

Sec. 7. Department approval of Stevens Road proposed planning amendments. (1) Notwithstanding ORS 197.612, the Department of Land Conservation and Development shall approve Stevens Road planning amendments submitted by the city if:

(a) The department has received the letters required by section 4 of this 2021 Act;

(b) The department has approved the city’s conceptual plan under section 5 of this 2021 Act;

(d) The proposed Stevens Road planning amendments were approved by the city through an ordinance adopted and submitted to the department under section 8 of this 2021 Act;

(e) The proposed Stevens Road planning amendments comply with the requirements and standards in section 9 of this 2021 Act; and

(f) The Stevens Road planning amendments are submitted on or before January 1, 2025.

(2) The Stevens Road planning amendments submitted under sections 7 to 9 of this 2021 Act are not operable until they are approved by the department.

(3) The department may consider public comments and testimony before considering approval of the Stevens Road planning amendments.

(4) The department shall approve, remand or remand in part the Stevens Road planning amendments within 180 days. Notwithstanding subsection (1)(f) of this section, within 180 days of a remand, the city may resubmit Stevens Road planning amendments for approval under sections 7 to 9 of this 2021 Act. [2021 c.552 §7]

Sec. 8. City procedural requirements to approve Stevens Road planning amendments. (1) Stevens Road planning amendments may be approved only by an ordinance adopted by the city’s council under this section.

(2) At least 20 days before each opportunity for public participation under subsection (3) of this section, the city must provide broad public notice of the opportunity, including notice through the city’s newsletter, online social media, website and electronic mail lists and any other form of public notice commonly used by the city for land use matters.

(3) Before consideration of an ordinance under this section, the city must provide opportunities for public participation, including at least:

(a) A public open house;

(b) A meeting of the city’s planning commission where public testimony is considered;

(d) A public comment period; and

(e) Any other opportunity for public participation required by city ordinance or regulation before adoption of amendments to a comprehensive plan or enactment of land use regulations.

(4) At least seven days before consideration of an ordinance under this section, the city’s council must receive written recommendations from the city’s planning commission on the Stevens Road planning amendments.

(5) Before consideration of an ordinance under this section, the city must consult with, and provide opportunity for written comment from:

(a) Any owner of the Stevens Road tract;

(b) The Department of Land Conservation and Development;

(d) The Bend Park and Recreation District; and

(e) Any other local government or special district with jurisdiction over the Stevens Road tract or whose service is likely to be impacted by development of the Stevens Road tract.

(6) Within 10 days after adoption of an ordinance under this section, the city shall submit a copy of the ordinance and any supporting information to the department. [2021 c.552 §8]

Sec. 9. Standards in lieu of goals. (1) Notwithstanding ORS 197.250 or 197.612 or any statewide land use planning goal, the Department of Land Conservation and Development shall approve Stevens Road planning amendments provided the department determines, in its discretion, that the Stevens Road planning amendments, with respect to the Stevens Road tract, include:

(a) An inventory of significant historical artifacts, cultural sites and natural resources.

(b) Areas designated for recreational and open space.

(c) Land use regulations for the protection and preservation of significant resources and designated areas identified in paragraphs (a) and (b) of this subsection.

(d) Land use regulations that comply with applicable wildfire planning and development requirements, including requirements in regulations adopted to implement a statewide planning goal relating to natural disasters and hazards.

(e) Areas designated for adequate employment lands that account for the city’s most recent economic opportunity analysis, including consideration of subsequent economic development activities and trends.

(f) Within areas zoned for residential purposes, without counting the lands designated under subsection (2) of this section, land use regulations for housing that:

(A) Ensure adequate opportunities for the development of all needed housing types, sizes and densities of market-rate housing, including middle housing as defined in ORS 197A.420;

(B) Exceed the proportions of single-unit attached and multiunit housing called for in the city’s most recently adopted housing needs analysis under ORS 197.296 (3) (2021 Edition);

(D) On the date the Stevens Road planning amendments are approved, comply with land use regulations adopted by the city, or any minimum applicable rules adopted by the department, to implement ORS 197A.420 and the amendments to ORS 197A.425 by section 7, chapter 639, Oregon Laws 2019.

(g) Sufficient areas designated for mixed use development to support and integrate viable commercial and residential uses along with transportation options, including walking, bicycling and transit use.

(h) Land use regulations ensuring that:

(A) Adequate capacity is available, or feasible with development, for water, sewer and storm water services; and

(B) Adequate consideration is given to the financing, scheduling and development of urban services, as defined in ORS 195.065.

(i) Land use regulations for transportation that:

(A) Ensure the development of adequate infrastructure to support walking, bicycling, public transit and motor vehicle movement; and

(B) Give adequate consideration to transportation networks that connect the Stevens Road tract to other areas within the urban growth boundary of the city.

(j) The adequate consideration of the recommendations and comments received under section 8 (3) to (5), chapter 552, Oregon Laws 2021.

(2) The department may not approve the planning amendments under subsection (1) of this section unless the planning amendments designate at least 20 net acres of land to be:

(a) Restricted so the area may be zoned, planned, sited or developed only for residential housing units at a minimum density of nine residential units per gross acre;

(b) Conveyed to the city at a price per acre established under section 4 (2)(b), chapter 552, Oregon Laws 2021; and

(c) Notwithstanding ORS 91.225 or 197A.465, preserved for a period of no less than 50 years as affordable to own or rent as follows:

(A) At least 12 net acres made affordable to:

(i) Households with incomes of 60 percent or less of the area median income, as defined in ORS 456.270; or

(ii) If part of an income-averaging program approved by the Housing and Community Services Department, households whose incomes average 60 percent or less of the area median income.

(B) At least six net acres:

(i) Made affordable to households with incomes of 80 percent or less of the area median income; and

(ii) Made available, to the extent permitted by law, in a manner that gives a priority to households in which at least one individual is employed by an education provider over other members of the public.

(C) At least two net acres in which at least 80 percent of the units in each contiguous development tract are made affordable to households with 80 percent or less of the area median income, of which at least one net acre is made available, to the extent permitted by law, in a manner that gives a priority to households in which at least one individual is employed by an education provider over other members of the public.

(3) Upon a partition or subdivision of the Stevens Road tract following the approval of the planning amendments under subsection (1) of this section establishing one or more lots or parcels described in subsection (2) of this section, the owner shall transfer those lots or parcels to the city. For a period of 99 years after the purchase of property under this section, if the city resells any lot or parcel, the city may recover only the city’s costs of the purchase and resale of the property.

(4) Neither the city nor the Department of Land Conservation and Development is obligated to adopt any specific findings or evaluate any specific criteria in exercising its discretion with respect to any Stevens Road planning amendments under this section and may receive, solicit or consider information from any source.

(5) As used in this section, “education provider” means a school district as defined in ORS 332.002, an educational program under the Youth Corrections Education Program or Juvenile Detention Education Program as both are defined in ORS 326.695, or an education service district as defined in ORS 334.003. [2021 c.552 §9; 2023 c.13 §104; 2025 c.38 §46]

Sec. 10. Sections 2 to 9 of this 2021 Act are repealed on January 2, 2030. [2021 c.552 §10]

(Temporary provisions relating to one-time additions to urban growth boundaries)

Note: Sections 48 to 59 and 60 (1) and (2), chapter 110, Oregon Laws 2024, provide:

Sec. 48. Sections 49 to 59 of this 2024 Act are added to and made a part of ORS chapter 197A. [2024 c.110 §48]

Sec. 49. Definitions. As used in sections 49 to 59, chapter 110, Oregon Laws 2024:

(1) “Net residential acre” means an acre of residentially designated buildable land, not including rights of way for streets, roads or utilities or areas not designated for development due to natural resource protections or environmental constraints.

(2) “Site” means a lot or parcel or any combination of lots and parcels that are contiguous or separated from one another by a street or road with or without common ownership. [2024 c.110 §49; 2025 c.530 §4]

Sec. 50. City addition of sites outside of Metro. (1) Notwithstanding any other provision of ORS chapter 197A, a city outside of Metro may add a site to the city’s urban growth boundary under sections 49 to 59 of this 2024 Act, if:

(a) The site is adjacent to the existing urban growth boundary of the city or is separated from the existing urban growth boundary by only a street or road;

(b) The site is:

(A) Designated as an urban reserve under ORS 197A.230 to 197A.250, including a site whose designation is adopted under ORS 197.652 to 197.658;

(B) Designated as nonresource land; or

(c) The city has not previously adopted an urban growth boundary amendment or exchange under sections 49 to 59 of this 2024 Act;

(d) The city has demonstrated a need for the addition under section 52 of this 2024 Act;

(e) The city has requested and received an application as required under sections 53 and 54 of this 2024 Act;

(f) The total acreage of the site:

(A) For a city with a population of 25,000 or greater, does not exceed 100 net residential acres; or

(B) For a city with a population of less than 25,000, does not exceed 50 net residential acres; and

(g)(A) The city has adopted a binding conceptual plan for the site that satisfies the requirements of section 55 of this 2024 Act; or

(B) The added site does not exceed 15 net residential acres and satisfies the requirements of section 56 of this 2024 Act.

(2) A county shall approve an amendment to an urban growth boundary made under this section that complies with sections 49 to 59 of this 2024 Act and shall cooperate with a city to facilitate the coordination of functions under ORS 195.020 to facilitate the city’s annexation and the development of the site. The county’s decision is not a land use decision.

(3) Notwithstanding ORS 197.626, an action by a local government under sections 49 to 59 of this 2024 Act is not a land use decision as defined in ORS 197.015. [2024 c.110 §50]

Sec. 51. Petition for additions of sites to Metro urban growth boundary. (1) A city within Metro may petition Metro to add a site within the Metro urban growth boundary if the site:

(a) Satisfies the requirements of section 50 (1) of this 2024 Act; and

(b) Is designated as an urban reserve.

(2)(a) Within 120 days of receiving a petition under this section, Metro shall determine whether the site would substantially comply with the applicable provisions of sections 49 to 59 of this 2024 Act.

(b) If Metro determines that a petition does not substantially comply, Metro shall:

(A) Notify the city of deficiencies in the petition, specifying sufficient detail to allow the city to remedy any deficiency in a subsequent resubmittal; and

(B) Allow the city to amend its conceptual plan and resubmit it as a petition to Metro under this section.

(c) If Metro determines that a petition does comply, notwithstanding any other provision of ORS chapter 197A, Metro shall adopt amendments to its urban growth boundary to include the site in the petition, unless the amendment would result in more than 300 total net residential acres added under this subsection.

(3) If the net residential acres included in petitions that Metro determines are in compliance on or before July 1, 2025, total less than 300 net residential acres, Metro shall adopt amendments to its urban growth boundary under subsection (2)(c) of this section:

(a) On or before November 1, 2025, for all petitions deemed compliant on or before July 1, 2025; or

(b) Within 120 days after a petition is deemed compliant after July 1, 2025, in the order in which the petitions are received.

(4) If the net residential acres included in petitions that Metro determines are in compliance on or before July 1, 2025, total 300 or more net residential acres, on or before January 1, 2027, Metro shall adopt amendments to its urban growth boundary under subsection (2)(c) of this section to include the sites in those petitions that Metro determines will:

(a) Best comply with the provisions of section 55 of this 2024 Act; and

(b) Maximize the development of needed housing.

(5) Metro may not conduct a hearing to review or select petitions or adopt amendments to its urban growth boundary under this section. [2024 c.110 §51]

Sec. 52. City demonstration of need. A city may not add, or petition to add, a site under sections 49 to 59, chapter 110, Oregon Laws 2024, unless:

(1) The city has demonstrated a need for additional land based on the following factors:

(a)(A) In the previous 20 years there have been no urban growth boundary expansions for residential use adopted by a city or by Metro in a location adjacent to the city; and

(B) The city does not have within the existing urban growth boundary a tract that:

(i) Is larger than 20 net residential acres;

(ii) Is undeveloped; and

(iii) Consists of one or more lots or parcels with or without common ownership and that abut each other or are separated by only a street or a road; or

(b) Within urban growth boundary expansion areas for residential use adopted by the city over the previous 20 years, or by Metro in locations adjacent to the city, 75 percent of the lands either:

(A) Are developed; or

(B) Have an acknowledged comprehensive plan with land use designations in preparation for annexation and have a public facilities plan and associated financing plan.

(2) The city has demonstrated a need for affordable housing, based on:

(a) Having a greater percentage of severely cost-burdened households than the average for this state based on the Comprehensive Housing Affordability Strategy data from the United States Department of Housing and Urban Development; or

(b) At least 25 percent of the renter households in the city being severely rent burdened as indicated under the most recent housing equity indicator data under ORS 456.602 (2)(g).

(3) The evaluation of the demonstrations required under this section and the evaluation of criteria in an application under sections 49 to 59, chapter 110, Oregon Laws 2024, must be based on the evidence, data and factors as of the time a public notice is issued under section 53 (1), chapter 110, Oregon Laws 2024. [2024 c.110 §52; 2025 c.530 §5]

Sec. 53. City solicitation of site applications. (1) Before a city may select a site for inclusion within the city’s or Metro’s urban growth boundary under sections 49 to 59 of this 2024 Act, a city must provide public notice that includes:

(a) The city’s intention to select a site for inclusion within the city’s urban growth boundary.

(b) Each basis under which the city has determined that it qualifies to include a site under section 52 of this 2024 Act.

(c) A deadline for submission of applications under this section that is at least 45 days following the date of the notice.

(d) A description of the information, form and format required of an application, including the requirements of section 55 (2) of this 2024 Act.

(2) A copy of the notice of intent under this section must be provided to:

(a) Each county in which the city resides;

(b) Each special district providing urban services within the city’s urban growth boundary;

(d) Metro, if the city is within Metro. [2024 c.110 §53]

Sec. 54. City review of site applications. (1) After the deadline for submission of applications established under section 55 of this 2024 Act, the city shall:

(a) Review applications filed for compliance with sections 49 to 59 of this 2024 Act.

(b) For each completed application that complies with sections 49 to 59 of this 2024 Act, provide notice to the residents of the proposed site area who were not signatories to the application.

(A) One public comment period;

(B)(i) One meeting of the city’s planning commission at which public testimony is considered;

(ii) One meeting of the city’s council at which public testimony is considered; or

(iii) One public open house; and

(i) A meeting under subparagraph (B) of this paragraph; and

(ii) The beginning of a comment period under subparagraph (A) of this paragraph.

(d) Consult with, request necessary information from and provide the opportunity for written comment from:

(A) The owners of each lot or parcel within the site;

(B) If the city does not currently exercise land use jurisdiction over the entire site, the governing body of each county with land use jurisdiction over the site;

(D) Any public or private utility that provides utilities to the site.

(2) An application filed under this section must:

(a) Be completed for each property owner or group of property owners that are proposing an urban growth boundary amendment under sections 49 to 59 of this 2024 Act;

(b) Be in writing in a form and format as required by the city;

(d) Be signed by all owners of lots or parcels included within the application; and

(e) Include each owner’s signed consent to annexation of the properties if the site is added to the urban growth boundary.

(3) If the city has received approval from all property owners of such lands, in writing in a form and format specified by the city, the governing body of the city may select an application and the city shall adopt a conceptual plan as described in section 55 of this 2024 Act for all or a portion of the lands contained within the application.

(4) A conceptual plan adopted under subsection (3) of this section must include findings identifying reasons for inclusion of lands within the conceptual plan and reasons why lands, if any, submitted as part of an application that was partially approved were not included within the conceptual plan. [2024 c.110 §54]

Sec. 55. Conceptual plan for added sites. (1) As used in this section:

(a) “Affordable units” means residential units described in subsection (3)(f)(A) or (4) of this section.

(b) “Market rate units” means residential units other than affordable units.

(2) Before adopting an urban growth boundary amendment under section 50, chapter 110, Oregon Laws 2024, or petitioning Metro under section 51, chapter 110, Oregon Laws 2024, for a site larger than 15 net residential acres, a city shall adopt a binding conceptual plan as an amendment to its comprehensive plan.

(3) The conceptual plan must:

(a) Establish the total net residential acres within the site and must require for those residential areas:

(A) A diversity of housing types and sizes, including middle housing, accessible housing and other needed housing;

(B) That the development will be on lands zoned for residential or mixed-use residential uses; and

(i) Seventeen dwelling units per net residential acre if sited within the Metro urban growth boundary;

(ii) Ten units per net residential acre if sited in a city with a population of 30,000 or greater;

(iii) Six units per net residential acre if sited in a city with a population of 2,500 or greater and less than 30,000; or

(iv) Five units per net residential acre if sited in a city with a population less than 2,500;

(b) Designate within the site:

(A) Recreation and open space lands; and

(B) Lands for commercial uses, either separate or as a mixed use, that:

(i) Primarily serve the immediate surrounding housing;

(ii) Provide goods and services at a smaller scale than provided on typical lands zoned for commercial use; and

(iii) Are provided at the minimum amount necessary to support and integrate viable commercial and residential uses;

(c) If the city has a population of 5,000 or greater, include a transportation network for the site that provides diverse transportation options, including walking, bicycling and transit use if public transit services are available, as well as sufficient connectivity to existing and planned transportation network facilities as shown in the local government’s transportation system plan as defined in Land Conservation and Development Commission rules;

(d) Demonstrate that protective measures will be applied to the site consistent with the statewide land use planning goals for:

(A) Open spaces, scenic and historic areas or natural resources;

(B) Air, water and land resources quality;

(D) The Willamette River Greenway;

(E) Estuarine resources;

(F) Coast shorelands; or

(G) Beaches and dunes;

(e) Include assurances that the site will be served with all necessary urban services as defined in ORS 195.065, including through:

(A) Agreements among the city, each owner within the site and any other necessary public or private utility provider, local government or district, as defined in ORS 195.060, or combination of local governments and districts;

(B) Letters from utility providers showing a capacity and willingness to provide services; or

(f) Include requirements that ensure that:

(A) At least 30 percent of the residential units are subject to affordability restrictions, including but not limited to affordable housing covenants, as described in ORS 456.270 to 456.295, that require for a period of not less than 60 years that the units be:

(i) Available for rent, with or without government assistance, by households with an income of 80 percent or less of the area median income as defined in ORS 456.270; or

(ii) Available for purchase, with or without government assistance, by households with an income of 130 percent or less of the area median income;

(B) The construction of all affordable units has commenced before the city issues certificates of occupancy to the last 15 percent of market rate units;

(C) All common areas and amenities are equally available to residents of affordable units and of market rate units and properties designated for affordable units are dispersed throughout the site; and

(D) The requirement for affordable housing units is recorded before the building permits are issued for any property within the site, and the requirements contain financial penalties for noncompliance.

(4) A city may require greater affordability requirements for residential units than are required under subsection (3)(f)(A) of this section, provided that the city significantly and proportionally offsets development costs related to:

(a) Permits or fees;

(b) System development charges;

(d) Land acquisition and predevelopment costs. [2024 c.110 §55; 2025 c.530 §6]

Sec. 56. Alternative for small additions. (1) A city that intends to add 15 net residential acres or less is not required to adopt a conceptual plan under section 55 of this 2024 Act if the city has entered into:

(a) Enforceable and recordable agreements with each landowner of a property within the site to ensure that the site will comply with the affordability requirements described in section 55 (3)(f) of this 2024 Act; and

(b) A binding agreement with each owner within the site and any other necessary public or private utility provider, local government or district, as defined in ORS 195.060, or combination of local governments and districts to ensure that the site will be served with all necessary urban services as defined in ORS 195.065.

(2) This section does not apply to a city within Metro. [2024 c.110 §56]

Sec. 57. Department approval of site additions. (1) Within 21 days after the adoption of an amendment to an urban growth boundary or the adoption or amendment of a conceptual plan under sections 49 to 59, chapter 110, Oregon Laws 2024, and the approval by a county if required under section 50 (2), chapter 110, Oregon Laws 2024, the conceptual plan or amendment must be submitted to the Department of Land Conservation and Development for review. The submission must be made by:

(a) The city, for an amendment under section 50 or 58, chapter 110, Oregon Laws 2024, or section 2 of this 2025 Act; or

(b) Metro, for an amendment under section 51 or 58, chapter 110, Oregon Laws 2024.

(2) Within 60 days after receiving a submittal under subsection (1) of this section, the department shall:

(a) Review the submittal for compliance with the provisions of sections 49 to 59, chapter 110, Oregon Laws 2024.

(b)(A) If the submittal substantially complies with the provisions of sections 49 to 59, chapter 110, Oregon Laws 2024, issue an order approving the submittal; or

(B) If the submittal does not substantially comply with the provisions of sections 49 to 59, chapter 110, Oregon Laws 2024, issue an order remanding the submittal to the city or to Metro with a specific determination of deficiencies in the submittal and with sufficient detail to identify a specific remedy for any deficiency in a subsequent resubmittal.

(3) If a conceptual plan is remanded to Metro under subsection (2)(b) of this section:

(a) The department shall notify the city; and

(b) The city may amend its conceptual plan and resubmit a petition to Metro under section 51, chapter 110, Oregon Laws 2024.

(4) Judicial review of the department’s order:

(a) Must be as a review of orders other than a contested case under ORS 183.484; and

(b) May be initiated only by the city or an owner of a proposed site that was submitted to the department.

(5) Following the approval of a submittal under this section, a local government must include the added lands in any future inventory of buildable lands or determination of housing capacity under ORS 197A.270, 197A.280, 197A.335 or 197A.350. [2024 c.110 §57; 2025 c.341 §3; 2025 c.530 §7]

Sec. 58. Alternative urban growth boundary land exchange. (1) In lieu of amending its urban growth boundary under any other process provided by sections 49 to 59, chapter 110, Oregon Laws 2024, Metro or a city outside of Metro may amend its urban growth boundary to add one or more sites that satisfy the requirements of section 50 (1)(a) to (c), chapter 110, Oregon Laws 2024, to the urban growth boundary and to remove one or more tracts of land from the urban growth boundary as provided in this section. For Metro, a site added under this section must be designated as an urban reserve.

(2) The acreage of the added site and removed lands must be roughly equivalent.

(3) The removed lands must have been zoned for residential uses.

(4) The added site must be zoned for residential uses at the same or greater density than the removed lands.

(5)(a) Except as provided in paragraph (b) of this subsection, land may be removed from an urban growth boundary under this section without landowner consent.

(b) A landowner may not appeal the removal of the landowner’s land from an urban growth boundary under this section unless the landowner agrees to enter into a recorded agreement with Metro or the city in which the landowner would consent to annexation and development of the land within 20 years if the land remains in the urban growth boundary.

(6) Review of an exchange of lands made under this section may only be made by:

(a) For cities outside of Metro, the county as provided in section 50 (2), chapter 110, Oregon Laws 2024, and by the Department of Land Conservation and Development, subject to judicial review, as provided in section 57, chapter 110, Oregon Laws 2024; or

(b) For Metro, the Department of Land Conservation and Development, subject to judicial review, as provided in section 57, chapter 110, Oregon Laws 2024.

(7) Sections 50 (1)(d) to (g), 52, 53, 54, 55 and 56, chapter 110, Oregon Laws 2024, do not apply to a site addition made under this section. [2024 c.110 §58; 2025 c.530 §8]

Sec. 59. Reporting on added sites. A city for which an amendment was made to an urban growth boundary and approved under sections 49 to 59 of this 2024 Act shall submit a report describing the status of development within the included area to the Department of Land Conservation and Development every two years until:

(1) January 2, 2033; or

(2) The city determines that development consistent with the acknowledged conceptual plan is deemed complete. [2024 c.110 §59]

Sec. 60. (1) Sections 49 to 56, 58 and 59, chapter 110, Oregon Laws 2024, are repealed on January 2, 2033.

(2) Section 57, chapter 110, Oregon Laws 2024, as amended by section 3 of this 2025 Act, is repealed on January 2, 2033. [2024 c.110 §60; 2025 c.341 §4(1),(2)]

Note: Sections 1 and 2, chapter 341, Oregon Laws 2025, and section 60 (3), chapter 110, Oregon Laws 2024, provide:

Sec. 1. Section 2 of this 2025 Act is added to and made a part of sections 49 to 59, chapter 110, Oregon Laws 2024. [2025 c.341 §1]

Sec. 2. City of Monmouth urban growth boundary land swap. (1) In lieu of amending its urban growth boundary under any other process provided by sections 49 to 59, chapter 110, Oregon Laws 2024, the City of Monmouth may amend its urban growth boundary to add one or more sites to the urban growth boundary and to remove one or more tracts of land from the urban growth boundary as provided in this section.

(2) The area to be removed under this section:

(a) May not exceed 90 acres;

(b) Must have more than one-quarter of its acreage within an area mapped as flood hazard or wetland;

(d) Must be designated for residential use on the city’s comprehensive plan map; and

(e) May not be currently served by city sewer service.

(3) The site to be added under this section:

(a) May not exceed 75 net residential acres;

(b) Must be contiguous to the boundary of the city and the city’s existing urban growth boundary;

(d) Must be able to connect to nearby water and sewer services; and

(e) Must be owned by owners that have consented to having the site:

(A) Added to the urban growth boundary; and

(B) Annexed by the city.

(4) Land may be removed from an urban growth boundary under this section without landowner consent. ORS 195.305 to 195.336 do not apply to the removal of land from the urban growth boundary under this section.

(5) Review of an exchange of lands made under this section may only be made by the county as provided in section 50 (2), chapter 110, Oregon Laws 2024, and by the Department of Land Conservation and Development, subject to judicial review, as provided in section 57, chapter 110, Oregon Laws 2024.

(6)(a) Sections 52, 53, 54, 55 and 56, chapter 110, Oregon Laws 2024, do not apply to a site addition made under this section.

(b) A site addition made under this section is not required to meet the conditions listed in section 50 (1)(a) to (g), chapter 110, Oregon Laws 2024. [2025 c.341 §2]

Sec. 60. (3) Section 2 of this 2025 Act is repealed on January 2, 2033. [2024 c.110 §60; 2025 c.341 §4(3)]

197A.205 Housing and Community Services Department review of certain local housing measures. (1) Upon request of the Department of Land Conservation and Development, the Housing and Community Services Department shall review the inventory and analysis of housing, and measures taken to address the housing need, required of certain local governments under ORS 197A.270, 197A.280, 197A.335 or 197A.350. The review shall address the likely effect of measures and housing production strategies developed by a local government on the adequacy of the supply of buildable land and measures to address needed housing.

(2) The Land Conservation and Development Commission and the Director of the Department of Land Conservation and Development shall consider the review and any recommendations of the Housing and Community Services Department when determining whether a local government has complied with the statewide land use planning goals and the requirements of ORS 197A.270, 197A.280, 197A.335 or 197A.350. [Formerly 197.637]

197A.207 Zoning for urban services; capital improvement plan; tax assessment. (1) A local government may identify land inside an urban growth boundary for which the local government intends to provide urban services within the next five to seven years. The local government may evidence its intent by adopting a capital improvement plan reasonably designed to provide the urban services.

(2) A local government that identifies an area for planned urban services and adopts a capital improvement plan may zone the area for urban uses. A city that identifies land that is outside the city’s boundary but inside the urban growth boundary shall coordinate with the appropriate county to zone the area for urban uses.

(3)(a) Land in an area zoned for urban uses under this section shall not be subject to additional taxes under ORS 308A.700 to 308A.733 if the land ceases to be used for farm use within the five years following the date the area is zoned for urban uses.

(b) A lot or parcel in an area zoned for urban use under subsection (2) of this section shall not be assessed at its value for farm use under ORS 308A.050 to 308A.128 unless the lot or parcel was receiving the farm use assessment at the time the area was zoned for urban uses. [Formerly 197.754]

197A.208 Disqualification of farm use assessment upon sale for land zoned for urban services. (1) Upon the sale of a lot or parcel located inside an urban growth boundary that is assessed at its value for farm use under ORS 308A.050 to 308A.128, the lot or parcel shall be disqualified for farm use assessment if:

(a) The lot or parcel is in an area identified for urban services under ORS 197A.207; and

(b) The urban services are available by ordinance for urbanization.

(2) Disqualification under subsection (1) of this section shall not apply to the sale of a lot or parcel to the owner’s spouse, parent, stepparent, grandparent, sister, brother, daughter, son, stepchild or grandchild, or sale to a lessee of the owner if the lessee is conducting farm use as defined in ORS 215.203 on the lot or parcel at the time of sale. [Formerly 197.756]

197A.210 Development-ready lands. (1) At the time that a city is required to inventory its buildable lands under ORS 197A.270 (2), 197A.280 (2) or 197A.335 (1), the city shall inventory its development-ready lands.

(2) If the total housing production target is greater than the housing capacity of development-ready lands, the local government shall take any actions in ORS 197A.100 (3) that demonstrably prepare lands for development or redevelopment or increase the housing capacity of existing development-ready lands. [2023 c.13 §13; 2023 c.326 §9; 2024 c.102 §37]

197A.212 Refinement plan; effect on procedures within plan area. (1) A local government may convene a land use proceeding to adopt a refinement plan for a neighborhood or community within its jurisdiction and inside the urban growth boundary as provided in this section.

(2) A refinement plan is more detailed than a comprehensive plan and applies to a specific geographic area. A refinement plan shall:

(a) Establish efficient density ranges, including a minimum and a maximum density for residential land uses;

(b) Establish minimum and maximum floor area ratios or site coverage requirements for nonresidential uses;

(d) Include land use regulations to implement the plan.

(3) A refinement plan and associated land use regulations adopted prior to September 9, 1995, may qualify as a refinement plan if the local government holds a public hearing to gather public comment and decides to adopt the plan as a refinement plan under this section.

(4) A local government shall apply the procedures for expedited land divisions described in ORS 197A.140 to all applications for land division and site or design review located in any area subject to an acknowledged refinement plan. The review shall include:

(a) All elements of a local government comprehensive plan and land use regulations that must be applied in order to approve or deny any such application; and

(b) Any planned unit development standards and any procedures designed to regulate:

(A) The physical characteristics of permitted uses;

(B) The dimensions of the lots or parcels to be created; or

(5) Refinement plans and implementing ordinances may be adopted through the post-acknowledgment or periodic review process. [Formerly 197.200]

197A.215 Application to remove property from within urban growth boundary; conditions. (1) A local government may make a land use decision to approve an application to remove a lot or parcel from within an urban growth boundary if:

(a) The application is submitted by the owner of the lot or parcel;

(b)(A) The lot or parcel is adjacent to the edge of the urban growth boundary; or

(B) The lot or parcel is adjacent to another lot or parcel that is removed under this section;

(d) The lot or parcel is not within the boundaries of a city; and

(e) The lot or parcel is not included in an area identified for urban services under ORS 197A.207.

(2) A local government, in deciding whether to approve an application under subsection (1) of this section, shall consider:

(a) The projected costs and other consequences of extending urban services to the affected lot or parcel;

(b) The potential value in the investment of providing urban services to the affected lot or parcel;

(c) Any requirement for expanding the urban growth boundary in other areas to compensate for any loss in buildable lands; and

(d) The projected costs and other consequences of providing urban services to other areas brought in under an expanded urban growth boundary.

(3)(a) Land that is removed from within an urban growth boundary pursuant to an application approved under this section shall be removed from any inventory of buildable lands maintained by the local government.

(b) A local government that approves an application under this section shall either expand the urban growth boundary to compensate for any resulting reduction in available buildable lands or increase the development capacity of the remaining supply of buildable lands consistent with ORS 197A.270, 197A.280, 197A.285, 197A.300 to 197A.325 or 197A.350 (6). [Formerly 197.764; 2024 c.102 §39]

197A.216 Removal of open spaces from buildable lands inventory. (1) At periodic review under ORS 197.633 next following approval of an application under ORS 308A.309, the local government shall remove any lot or parcel subject to the application from any inventory of buildable lands maintained by the local government. The local government shall compensate for the resulting reduction in available buildable lands either by increasing the development capacity of the remaining supply of buildable lands or by expanding the urban growth boundary.

(2) A landowner who wishes to reapply for current open space use assessment under ORS 308A.306 following the end of the assessment period shall reapply with the local government as provided in ORS 308A.309. [Formerly 197.186]

197A.218 Availability of urban facilities and services. (1) Lands within urban growth boundaries shall be available for urban development concurrent with the provision of key urban facilities and services in accordance with locally adopted development standards.

(2) Notwithstanding subsection (1) of this section, lands not needed for urban uses during the planning period may be designated for agricultural, forest or other nonurban uses. [Formerly 197.752]

(Urban and Rural Reserves)

197A.230 Definitions for ORS 197A.230 to 197A.250. As used in ORS 197A.230 to 197A.250:

(1) “Rural reserve” means land reserved to provide long-term protection for agriculture, forestry or important natural landscape features that limit urban development or help define appropriate natural boundaries of urbanization, including plant, fish and wildlife habitat, steep slopes and floodplains.

(2) “Urban reserve” means lands outside an urban growth boundary that will provide for:

(a) Future expansion over a long-term period; and

(b) The cost-effective provision of public facilities and services within the area when the lands are included within the urban growth boundary. [Formerly 195.137]

197A.232 Findings regarding long-range planning. The Legislative Assembly finds that:

(1) Long-range planning for population and employment growth by local governments can offer greater certainty for:

(a) The agricultural and forest industries, by offering long-term protection of large blocks of land with the characteristics necessary to maintain their viability; and

(b) Commerce, other industries, other private landowners and providers of public services, by determining the more and less likely locations of future expansion of urban growth boundaries and urban development.

(2) State planning laws must support and facilitate long-range planning to provide this greater certainty. [Formerly 195.139]

197A.235 Designation of rural and urban reserves pursuant to intergovernmental agreement; rules. (1) A county and a city or a county and Metro may enter into an intergovernmental agreement pursuant to ORS 190.003 to 190.130, 195.025 or 197.652 to 197.658 to designate rural reserves pursuant to this section at the same time as designating urban reserves pursuant to ORS 197A.245 (1).

(2) Land designated as a rural reserve:

(a) Must be outside an urban growth boundary.

(b) May not be designated as an urban reserve during the urban reserve planning period described in ORS 197A.245 (4).

(c) May not be included within an urban growth boundary during the period of time described in paragraph (b) of this subsection.

(3) When designating a rural reserve under this section to provide long-term protection to the agricultural industry, the designation must be based on consideration of factors including, but not limited to, whether land proposed for designation as a rural reserve:

(a) Is situated in an area that is otherwise potentially subject to urbanization during the period described in subsection (2)(b) of this section, as indicated by proximity to the urban growth boundary and to properties with fair market values that significantly exceed agricultural values;

(b) Is capable of sustaining long-term agricultural operations;

(d) Is suitable to sustain long-term agricultural operations, taking into account:

(A) The existence of a large block of agricultural or other resource land with a concentration or cluster of farms;

(B) The adjacent land use pattern, including its location in relation to adjacent nonfarm uses and the existence of buffers between agricultural operations and nonfarm uses;

(D) The sufficiency of agricultural infrastructure in the area.

(4) Designation and protection of rural reserves pursuant to this section or urban reserves pursuant to ORS 197A.245 (1):

(a) Is not a basis for a claim for compensation under ORS 195.305 unless the designation and protection of rural reserves or urban reserves imposes a new restriction on the use of private real property.

(b) Does not impair the rights and immunities provided under ORS 30.930 to 30.947.

(5) The Land Conservation and Development Commission shall consult with the State Department of Agriculture in adopting, amending or repealing rules under this section. [Formerly 195.141]

197A.242 Coordinated and concurrent process for designation of urban and rural reserves. (1) A county and Metro must consider simultaneously the designation and establishment of:

(a) Rural reserves pursuant to ORS 197A.235; and

(b) Urban reserves pursuant to ORS 197A.245 (1)(b).

(2) An agreement to establish rural reserves pursuant to ORS 197A.235 and urban reserves pursuant to ORS 197A.245 (1)(b) must provide for a coordinated and concurrent process for adoption by the county of comprehensive plan provisions and by Metro of regional framework plan provisions to implement the agreement. Metro may not designate urban reserves pursuant to ORS 197A.245 (1)(b) in a county until the county and Metro have entered into an agreement pursuant to ORS 197A.245 (1)(b) that identifies the land to be designated by Metro in Metro’s regional framework plan as urban reserves. A county may not designate rural reserves pursuant to ORS 197A.235 until the county and Metro have entered into an agreement pursuant to ORS 197A.235 that identifies the land to be designated as rural reserves by the county in the county’s comprehensive plan.

(3) A county and Metro may not enter into an intergovernmental agreement to designate urban reserves in the county pursuant to ORS 197A.245 (1)(b) unless the county and Metro also agree to designate rural reserves in the county. [Formerly 195.143]

197A.245 Urban reserves; rules. (1) To ensure that the supply of land available for urbanization is maintained:

(a) Local governments may cooperatively designate lands outside urban growth boundaries as urban reserves subject to ORS 197.610 to 197.625 and 197.626.

(b) Alternatively, Metro and a county or a city and a county may enter into a written agreement pursuant to ORS 190.003 to 190.130, 195.025 or 197.652 to 197.658 to designate urban reserves. A process and criteria developed pursuant to this paragraph are an alternative to a process or criteria adopted pursuant to paragraph (a) of this subsection.

(2) The Land Conservation and Development Commission may require a local government to designate urban reserves pursuant to subsection (1)(a) of this section during its periodic review in accordance with the conditions for periodic review under ORS 197.628.

(3) In carrying out subsections (1) and (2) of this section:

(a) Within an urban reserve, a local government may not prohibit the siting on a legal parcel of a single-unit dwelling that would otherwise have been allowed under law existing prior to designation as an urban reserve.

(b) The commission shall provide to local governments a list of options, rather than prescribing a single planning technique, to ensure the efficient transition from rural to urban use in urban reserves.

(4) Urban reserves designated under this section must be planned to accommodate population and employment growth for:

(a) At least 40 years and not more than 50 years; or

(b) At least 20 years, and not more than 30 years, after the 20-year period for which the local government has inventoried buildable lands under ORS 197A.270, 197A.280 or 197A.350.

(5) Urban reserves may be established at any time without regard to a schedule under ORS 197A.270 (2), 197A.280 (2) or 197A.350 (2).

(6) The designation of urban reserves under subsection (1)(b) of this section must be based upon consideration of factors including, but not limited to, whether land proposed for designation as urban reserves, alone or in conjunction with land inside the urban growth boundary:

(a) Can be developed at urban densities in a way that makes efficient use of existing and future public infrastructure investments;

(b) Includes sufficient development capacity to support a healthy urban economy;

(c) Can be served by public schools and other urban-level public facilities and services efficiently and cost-effectively by appropriate and financially capable service providers;

(d) Can be designed to be walkable and served by a well-connected system of streets by appropriate service providers;

(e) Can be designed to preserve and enhance natural ecological systems; and

(f) Includes sufficient land suitable for a range of housing types.

(7) A county may take an exception under ORS 197.732 to a statewide land use planning goal to allow the establishment of a transportation facility in an area designated as urban reserve under this section.

(8) The commission shall adopt by goal or by rule a process and criteria for designating urban reserves pursuant to this section. [Formerly 195.145; 2025 c.38 §18]

197A.250 Designation of certain Washington County lands. (1) For purposes of land use planning in Oregon, the Legislative Assembly designates the land in Washington County that was designated as rural reserve in Metro Resolution No. 11-4245, adopted on March 15, 2011, as the acknowledged rural reserve in Washington County, except that:

(a) The Legislative Assembly does not designate as rural reserves the real property in Area 5C on Metro’s map denominated as the “Urban and Rural Reserves in Washington County, Attachment A to Staff Report for Resolution No. 11-4245 (03/17/11 DRAFT),” that is more particularly described as:

(A) Tax lots 1500 and 1501, section 1 of township 2 south, range 2 west, Willamette Meridian; and

(B) A tract of land being in the north one-half of section 18, township 2 south, range 1 west, Willamette Meridian, Washington County Oregon, and being more particularly described as follows: Beginning at the northeast corner of that tract of land conveyed to John Lasich, et ux, by deed recorded October 22, 1931, in Book 148, page 116, of the Washington County Deed Records; thence westerly along the north line said tract 1444.2 feet, more or less, to the southwest corner of that property described in Deed Document No. 81038291 of the Washington County Book of Records; thence southerly and perpendicular to said north line, 50.00 feet; thence easterly on a line being parallel with and 50.00 feet southerly of said north line 1444.2 feet, more or less, to the east line of said Lasich tract; thence northerly 50.00 feet to the point of beginning.

(b) The Legislative Assembly designates as acknowledged urban reserve the real property that is part of the original plat of Bendemeer, Washington County, Oregon, more particularly described as:

(A) All of lots 1 through 18, inclusive;

(B) The parts of lots 64, 65 and 66 that are situated between the east boundary of the right of way of Northwest West Union Road and the east boundary of the right of way of Northwest Cornelius Pass Road;

(C) The real property that is more particularly described as: Beginning at a point of origin that is the south bank of Holcomb Creek and the west boundary of the right of way of Northwest Cornelius Pass Road; thence easterly along the south bank of Holcomb Creek, continuing along the south bank of Holcomb Lake to its intersection with the west boundary of Area 8C; thence southerly along the west boundary of Area 8C to its intersection with the north boundary of the right of way of Northwest West Union Road; thence westerly along the right of way to its intersection with the west boundary of the right of way of Northwest Cornelius Pass Road; thence northerly along the right of way to the point of origin;

(D) The real property that is more particularly described as tax lot 4050 in section 14A of township 1 north, range 2 west, Willamette Meridian;

(E) The portion of Northwest West Union Road and its right of way from the intersection of the road with the west boundary of Area 8C to the intersection of the road with the west boundary of the right of way of Northwest Bendemeer Road on Metro’s map denominated as the “Urban and Rural Reserves in Washington County, Attachment A to Staff Report for Resolution No. 11-4245 (03/17/11 DRAFT)”; and

(F) The real property that is more particularly described as tax lot 400 in section 14D of township 1 north, range 2 west, Willamette Meridian.

(2) For purposes of land use planning in Oregon, the Legislative Assembly designates the land in Washington County that was designated as urban reserve in Metro Resolution No. 11-4245, adopted on March 15, 2011, as the acknowledged urban reserve in Washington County, except that:

(a) The real property in Area 8A on Metro’s map denominated as the “Urban and Rural Reserves in Washington County, Attachment A to Staff Report for Resolution No. 11-4245 (03/17/11 DRAFT),” east of the east boundary of the right of way of Northwest Jackson School Road and east of the east bank of Storey Creek and the east bank of Waibel Creek is included within the acknowledged urban growth boundary.

(b) The real property in Area 8A on Metro’s map denominated as the “Urban and Rural Reserves in Washington County, Attachment A to Staff Report for Resolution No. 11-4245 (03/17/11 DRAFT),” that is south of the south boundary of the right of way of Highway 26 and west of the real property described in paragraph (a) of this subsection is designated as acknowledged rural reserve.

(c) The real property in Area 8B on Metro’s map denominated as the “Urban and Rural Reserves in Washington County, Attachment A to Staff Report for Resolution No. 11-4245 (03/17/11 DRAFT),” that is more particularly described as tax lot 100 in section 21AA of township 1 north, range 2 west, Willamette Meridian, and tax lots 900, 901, 1100, 1200, 1300 and 1400 in section 15 of township 1 north, range 2 west, Willamette Meridian, is not designated as a reserve area.

(d) The real property in Area 8B on Metro’s map denominated as the “Urban and Rural Reserves in Washington County, Attachment A to Staff Report for Resolution No. 11-4245 (03/17/11 DRAFT),” that is not described in paragraph (c) of this subsection is designated as acknowledged rural reserve.

(e) The real property in Area 7B on Metro’s map denominated as the “Urban and Rural Reserves in Washington County, Attachment A to Staff Report for Resolution No. 11-4245 (03/17/11 DRAFT),” that is north of the south bank of Council Creek is designated as acknowledged rural reserve.

(f) The real property in Area 7B on Metro’s map denominated as the “Urban and Rural Reserves in Washington County, Attachment A to Staff Report for Resolution No. 11-4245 (03/17/11 DRAFT),” that is south of the south bank of Council Creek is included within the acknowledged urban growth boundary.

(3) For purposes of land use planning in Oregon, in relation to the following real property in Washington County that is not reserved by designation in Metro Resolution No. 11-4245, adopted on March 15, 2011, the Legislative Assembly designates:

(a) As acknowledged rural reserve the real property that is situated south of the City of North Plains on Metro’s map denominated as the “Urban and Rural Reserves in Washington County, Attachment A to Staff Report for Resolution No. 11-4245 (03/17/11 DRAFT),” more particularly described as tax lots 100, 101, 200 and 201 in section 11 of township 1 north, range 3 west, Willamette Meridian, tax lots 1800 and 2000 and that portion of tax lot 3900 that is north of the south line of the Dobbins Donation Land Claim No. 47 in section 12 of township 1 north, range 3 west, Willamette Meridian, and the portion of Northwest Gordon Road and its right of way from the south boundary of the right of way of Northwest Beach Road to the south boundary of tax lot 200 in section 11 of township 1 north, range 3 west, Willamette Meridian.

(b) As acknowledged rural reserve the real property that is situated north of the City of Cornelius on Metro’s map denominated as the “Urban and Rural Reserves in Washington County, Attachment A to Staff Report for Resolution No. 11-4245 (03/17/11 DRAFT),” and that is north of the south bank of Council Creek, east of the east right of way of Northwest Cornelius-Schefflin Road and west of the west bank of Dairy Creek.

(c) As acknowledged rural reserve the real property that is north of the City of Forest Grove on Metro’s map denominated as the “Urban and Rural Reserves in Washington County, Attachment A to Staff Report for Resolution No. 11-4245 (03/17/11 DRAFT),” more particularly described as east of Area 7B, west of the east right of way of Highway 47 and south of the north right of way of Northwest Purdin Road.

(d) As acknowledged rural reserve the real property that is situated west of Area 8B on Metro’s map denominated as the “Urban and Rural Reserves in Washington County, Attachment A to Staff Report for Resolution No. 11-4245 (03/17/11 DRAFT).”

(4) Land in a county in Metro that is planned and zoned for farm, forest or mixed farm and forest use and that is not designated as urban reserve may not be included within the urban growth boundary of Metro before at least 75 percent of the land in the county that was designated urban reserve in this section has been included within the urban growth boundary and planned and zoned for urban uses.

(5) The real property described in subsection (2)(a) of this section, except for the land denominated as “UGB 2014” on the Metro Map titled “HB 4078 Reserves and Urban Growth Boundary Washington County Area - Attachment 1 (June 2014)” and that is south of Northwest Sunset Highway and north of Northwest Evergreen Road:

(a) Is employment land of state significance; and

(b) Must be planned and zoned for employment use.

(6) If the real property described in subsection (2)(f) of this section or ORS 197A.358 (1) to (3) is planned and zoned for employment use, in its first legislative review of the urban growth boundary on or after April 1, 2014, Metro shall not count the employment capacity of the real property described in subsection (2)(f) of this section or in ORS 197A.358 (1) to (3) in determining the employment capacity of the land within Metro. [Formerly 195.144]

(Planning for Cities Outside Metro)

197A.270 Determination of housing capacity and accommodation of needed housing by cities with population of 25,000 or greater. (1) This section applies only to local governments with jurisdiction over lands inside the urban growth boundary of:

(a) Cities located outside Metro with a population of 25,000 or greater; and

(b) Cities that meet factors established by the Land Conservation and Development Commission in consideration of the city’s size, rate of population growth or proximity to another city with a population of 25,000 or greater or to Metro.

(2) A local government shall determine its needed housing under ORS 197A.018 and inventory its buildable lands and determine the lands’ housing capacity under this section:

(a) At periodic review under ORS 197.628 to 197.651;

(b) As scheduled by the commission at least once each eight years; or

(c) At any other legislative review of the comprehensive plan that concerns the urban growth boundary and requires the application of a statewide planning goal related to buildable lands for residential use.

(3) For the purpose of determining housing capacity and inventory of buildable lands under subsection (2) of this section:

(a) “Buildable lands” includes:

(A) Vacant lands planned or zoned for residential use;

(B) Partially vacant lands planned or zoned for residential use;

(D) Lands that may be used for residential infill or redevelopment.

(b) The local government shall consider:

(A) The extent that residential development is prohibited or restricted by local regulation and ordinance, state law and rule or federal statute and regulation;

(B) A written long term contract or easement for radio, telecommunications or electrical facilities, if the written contract or easement is provided to the local government; and

(c) Except for land that may be used for residential infill or redevelopment, the local government shall create a map or document that may be used to verify and identify specific lots or parcels that have been determined to be buildable lands.

(4)(a) Except as provided in paragraphs (b) and (c) of this subsection, the determination of housing capacity must be based on data related to land within the urban growth boundary that has been collected since the last review under subsection (2)(b) of this section. The data must include:

(A) The number, density and average mix of housing types of urban residential development that have actually been developed;

(B) Trends in density and average mix of housing types of urban residential development;

(D) The number, density and average mix of housing types that have been developed on buildable lands;

(E) Consideration of the effects of the adopted housing production strategy and measures taken and reasonably anticipated to be taken to implement the strategy; and

(F) Consideration of factors that influence available housing supply, including short-term rentals, second homes and vacation homes.

(b) A local government shall make the determination described in paragraph (a) of this subsection using data from a shorter time period than the time period described in paragraph (a) of this subsection if the local government finds that the shorter time period will provide more accurate and reliable data related to housing capacity. The shorter time period may not be less than three years.

(c) A local government shall use data from a wider geographic area or use a time period longer than the time period described in paragraph (a) of this subsection if the analysis of a wider geographic area or the use of data from a longer time period will provide more accurate, complete and reliable data related to trends affecting housing need than an analysis performed pursuant to paragraph (a) of this subsection. The local government must clearly describe the geographic area, time frame and source of data used in a determination performed under this paragraph.

(5) If the needed housing is greater than the housing capacity, the local government shall take one or both of the following actions to accommodate allocated housing need for which there is insufficient housing capacity to accommodate over the next 20 years:

(a) Amend its urban growth boundary to include sufficient buildable lands to accommodate allocated housing need for the next 20 years consistent with the requirements of ORS 197A.285 and statewide planning goals. As part of this process, the local government shall consider the effects of actions taken pursuant to paragraph (b) of this subsection. The amendment must include sufficient land reasonably necessary to accommodate the siting of new public school facilities. The need and inclusion of lands for new public school facilities must be a coordinated process between the affected public school districts and the local government that has the authority to approve the urban growth boundary.

(b) Take any action under ORS 197A.100 (3), whether or not the action was described in an approved housing production strategy, that demonstrably increases housing capacity or produces additional needed housing. Actions under this paragraph may include amending a comprehensive plan or land use regulations to include new measures that demonstrably increase the likelihood that residential development will occur at densities sufficient to accommodate needed housing for the next 20 years without expansion of the urban growth boundary.

(6) A local government that takes any actions under subsection (5) of this section shall:

(a) Demonstrate that the comprehensive plan and land use regulations comply with goals and rules adopted by the commission.

(b) Adopt findings regarding the changes in housing capacity assumed to result from actions adopted based on data collected under subsection (4)(a) of this section. The density expectations may not project an increase in residential capacity above achieved density by more than three percent without quantifiable validation of such departures. A quantifiable validation must demonstrate that the assumed housing capacity has been achieved in areas that are zoned to allow no greater than the same authorized density level, as defined in ORS 227.175, within the local government’s jurisdiction or a jurisdiction in the same region.

(c) In establishing that actions adopted under subsection (5) of this section demonstrably increase housing capacity, ensure that buildable lands are in locations appropriate for needed housing, are zoned at density ranges that are likely to be achieved by the housing market and are in areas where sufficient urban services are planned to enable the higher density development to occur over the 20-year period. [2023 c.13 §22; 2023 c.326 §12; 2025 c.38 §19]

197A.278 Lane County accommodation of needed housing. (1) Notwithstanding an intergovernmental agreement pursuant to ORS 190.003 to 190.130 or acknowledged comprehensive plan provisions to the contrary, a city within Lane County with a population of 50,000 or greater shall meet its obligation under ORS chapter 197A separately from any other city within Lane County. The city shall, separately from any other city:

(a) Establish an urban growth boundary, consistent with the jurisdictional area of responsibility specified in the acknowledged comprehensive plan; and

(b) Demonstrate, as required by ORS 197A.270, that its comprehensive plan provides sufficient buildable lands within an urban growth boundary to accommodate needed housing.

(2) Except as provided in subsection (1) of this section, this section does not alter or affect an intergovernmental agreement pursuant to ORS 190.003 to 190.130 or acknowledged comprehensive plan provisions adopted by Lane County or local governments in Lane County. [Formerly 197.304]

197A.280 Determination of housing capacity and accommodation of needed housing by cities with population of less than 25,000. (1) This section applies only to cities that are not within Metro or described in ORS 197A.270 (1).

(2) The actions required under subsection (3) of this section must be undertaken:

(a) At periodic review pursuant to ORS 197.628 to 197.651;

(b) On a schedule established by the Land Conservation and Development Commission for cities with a population of 10,000 or greater, not to exceed once each eight years;

(c) At any other legislative review of the comprehensive plan that requires the application of a statewide planning goal related to buildable lands for residential use; or

(d) At the election of a city with a population of less than 10,000.

(3) A city shall, according to rules of the commission:

(a) Determine its needed housing under ORS 197A.018;

(b) Inventory the supply of buildable lands available within the urban growth boundary to accommodate needed housing; and

(c) Take any necessary actions described in ORS 197A.100 (3), whether or not the actions are described within the city’s housing production strategy, to accommodate needed housing. [2023 c.13 §21]

197A.285 Priority of land to be included within urban growth boundaries; rules. (1) A city outside Metro shall comply with this section when determining which lands to include within the urban growth boundary of the city, including when amending an urban growth boundary under ORS 197A.270 (5)(a), 197A.310 or 197A.312.

(2) The Land Conservation and Development Commission shall provide, by rule, that:

(a) When evaluating lands for inclusion within the urban growth boundary, the city shall establish a study area that includes all land that is contiguous to the urban growth boundary and within a distance specified by commission.

(b) The city shall evaluate all land in the study area for inclusion in the urban growth boundary as provided in subsection (4) of this section, except for land excluded from the study area because:

(A) It is impracticable, as provided in subsection (3) of this section, to provide necessary public facilities or services to the land.

(B) The land is subject to significant development hazards, including a risk of land slides, a risk of flooding because the land is within the 100-year floodplain or is subject to inundation during storm surges or tsunamis, and other risks determined by the commission.

(C) The long-term preservation of significant scenic, natural, cultural or recreational resources requires limiting or prohibiting urban development of the land that contains the resources.

(D) The land is owned by the federal government and managed primarily for rural uses.

(E) The land is designated as rural reserve under ORS 197A.230 to 197A.250.

(A) The city shall evaluate the land within the study area that is designated as an urban reserve under ORS 197A.245 in an acknowledged comprehensive plan.

(B) If the amount of land appropriate for selection under subparagraph (A) of this paragraph is not sufficient to satisfy the need for the land, the city shall evaluate the land that is subject to an acknowledged exception under ORS 197.732 or land that is nonresource land and select as much of the land as necessary to satisfy the need for land using criteria established by the commission and criteria in an acknowledged comprehensive plan and land use regulations.

(C) If the amount of land appropriate for selection under subparagraphs (A) and (B) of this paragraph is not sufficient to satisfy the need for land, the city shall evaluate the land within the study area that is designated as marginal land under ORS 197.247 (1991 Edition) in the acknowledged comprehensive plan and select as much of the land as necessary to satisfy the need for land using criteria established by the commission and criteria in an acknowledged comprehensive plan and land use regulations.

(D) If the amount of land appropriate for selection under subparagraphs (A) to (C) of this paragraph is not sufficient to satisfy the amount of land needed, the city shall evaluate land within the study area that is designated for agriculture or forest uses in the acknowledged comprehensive plan that is not predominantly high-value farmland, as defined in ORS 195.300, or does not consist predominantly of prime or unique soils, as determined by the United States Department of Agriculture Natural Resources Conservation Service, and select as much of that land as necessary to satisfy the need for land:

(i) Using criteria established by the commission and criteria in an acknowledged comprehensive plan and land use regulations; and

(ii) Using the predominant capability classification system or the predominant cubic site class, as appropriate for the acknowledged comprehensive plan designation, to select lower capability or cubic site class lands first.

(E) If the amount of land appropriate for selection under subparagraphs (A) to (D) of this paragraph is not sufficient to satisfy the need for land, the city shall evaluate land within the study area that is designated as agricultural land in an acknowledged comprehensive plan and is predominantly high value farmland and select as much of that land as necessary to satisfy the need for land. A local government may not select land that is predominantly made up of prime or unique farm soils, as defined by the United States Department of Agriculture Natural Resources Conservation Service, unless there is an insufficient amount of other land to satisfy its land need.

(3) For purposes of subsection (2)(b)(A) of this section, the commission shall determine impracticability by rule, considering the likely amount of development that could occur on the lands within the planning period, the likely cost of facilities and services, physical, topographical or other impediments to service provision and whether urban development has occurred on similarly situated lands such that it is likely that the lands will be developed at an urban level during the planning period. When impracticability is primarily a result of existing development patterns, the rules of the commission shall require that the lands be included within the study area, but may allow the development capacity forecast for the lands to be specified at a lower level over the planning period. The rules of the commission must be based on an evaluation of how similarly situated lands have, or have not, developed over time.

(4) For purposes of subsection (2)(b)(C) of this section, the commission by rule shall determine the circumstances in which and the resources to which this exclusion will apply.

(5) Notwithstanding subsection (2)(c)(E) of this section, the rules must allow land that would otherwise be excluded from an urban growth boundary to be included if:

(a) The land contains a small amount of resource land that is not important to the commercial agricultural enterprise in the area and the land must be included to connect a nearby and significantly larger area of land of higher priority for inclusion within the urban growth boundary; or

(b) The land contains a small amount of resource land that is not predominantly high-value farmland or predominantly made up of prime or unique farm soils and the land is completely surrounded by land of higher priority for inclusion into the urban growth boundary.

(6) When the primary purpose for expansion of the urban growth boundary is to accommodate a particular industry use that requires specific site characteristics, or to accommodate a public facility that requires specific site characteristics and the site characteristics may be found in only a small number of locations, the city may limit the study area to land that has, or could be improved to provide, the required site characteristics. Lands included within an urban growth boundary for a particular industrial use, or a particular public facility, must remain planned and zoned for the intended use:

(a) Except as allowed by rule of the commission that is based on a significant change in circumstance or the passage of time; or

(b) Unless the city removes the land from within the urban growth boundary.

(7) Notwithstanding any other provision of this section, the commission may adopt rules that specify circumstances under which a city may exchange land within the urban growth boundary of the city for land that is outside of the urban growth boundary and that is designed to avoid adverse effects of an exchange on agricultural or forest operations in the surrounding area. [Formerly 197A.320]

(Alternative Urban Growth Boundary Amendment Process for Cities Outside Metro)

197A.300 Definition of “serviceable.” As used in ORS 197A.300 to 197A.325, “serviceable” means, with respect to land, that:

(1) Adequate sewer, water and transportation capacity for planned urban development is available or can be either provided or made subject to committed financing; or

(2) Committed financing can be in place to provide adequate sewer, water and transportation capacity for planned urban development. [2013 c.575 §1; 2023 c.13 §92; 2024 c.102 §40]

197A.302 Purposes; rules. The purpose of ORS 197A.300 to 197A.325 is to direct the Land Conservation and Development Commission to develop and adopt simplified methods for a city that is outside Metro to evaluate or amend the urban growth boundary of the city. The commission should design the methods to:

(1) Become, as a result of reduced costs, complexity and time, the methods that are used by most cities with growing populations to manage the urban growth boundaries of the cities;

(2) Encourage, to the extent practicable given market conditions, the development of urban areas in which individuals desire to live and work and that are increasingly efficient in terms of land uses and in terms of public facilities and services;

(3) Encourage the conservation of important farm and forest lands, particularly lands that are needed to sustain agricultural and forest products industries;

(4) Encourage cities to increase the development capacity within the urban growth boundaries of the cities;

(5) Encourage the provision of an adequate supply of serviceable land that is planned for needed urban residential and industrial development; and

(6) Assist residents in understanding the major local government decisions that are likely to determine the form of a city’s growth. [2013 c.575 §2; 2024 c.102 §41]

197A.305 Alternative amendment process; rules. (1) As an alternative to the method prescribed in ORS 197A.270 (5)(a), the Land Conservation and Development Commission shall adopt by rule methods by which a city that is outside Metro may evaluate or amend the urban growth boundary of the city.

(2) A city outside Metro may use the methods adopted pursuant to:

(a) ORS 197A.310 if the city has a population of less than 10,000.

(b) ORS 197A.312 if the city has a population of 10,000 or greater.

(3) A city that elects to include land within the urban growth boundary of the city under a method established pursuant to ORS 197A.310 or 197A.312:

(a) May use the method again when:

(A) The population of the city has grown by at least 50 percent of the amount of growth forecast to occur in conjunction with the previous use of the method by the city; or

(B) At least one-half of the lands identified as buildable lands during the previous use of the method by the city have been developed.

(b) Shall evaluate whether the city needs to include within the urban growth boundary additional land for residential or employment uses before the population of the city has grown by 100 percent of the population growth forecast to occur in conjunction with the previous use of the method by the city.

(4) A city that elects to use a method established pursuant to ORS 197A.310 or 197A.312 shall notify the Department of Land Conservation and Development of the election in the manner required by ORS 197.610 for notice of a post-acknowledgment plan amendment. The city may revoke the election until the city makes a final decision whether to amend the urban growth boundary of the city. A city that has initiated, but not completed, an amendment of its urban growth boundary before January 1, 2014, may withdraw the proposed amendment and use a method established pursuant to ORS 197A.310 or 197A.312 by filing notice of the election with the department in the manner required by ORS 197.610 and 197.615 for notice of a post-acknowledgment plan amendment.

(5) Beginning on or before January 1, 2023, the commission shall:

(a) Evaluate, every five years, the impact of the implementation of ORS 197A.310 (2) and 197A.312 (2) on the population per square mile, livability in the area, the provision and cost of urban facilities and services, the rate of conversion of agriculture and forest lands and other considerations;

(b) Consider changes to the statewide land use planning goals or rules to address adverse outcomes; and

(c) Make recommendations to the Legislative Assembly, as necessary, for statutory changes. [2013 c.575 §3; 2023 c.13 §94]

197A.310 Cities with population of less than 10,000; rules. (1) As an alternative to the method prescribed in ORS 197A.270 (5)(a), the Land Conservation and Development Commission shall adopt a method by which a city outside Metro that has a population of less than 10,000 may evaluate or amend its urban growth boundary.

(2) The commission shall design the method so that:

(a) A city using the method:

(A) Will have within its boundaries sufficient buildable lands and other development capacity, including land and capacity for needed housing and employment opportunities, to meet the growth in population and employment forecast to occur over a 14-year period.

(B) Will not become less efficient in its use of land as a result of a change to the urban growth boundary.

(b) The urban population per square mile will continue, subject to market conditions, to increase over time on a statewide basis and in major regions of the state, including that portion of the Willamette Valley outside of Metro.

(c) The rate of conversion of agricultural and forest lands to urban uses does not increase over time in any major region of the state.

(3) Under the method adopted by the commission:

(a) A city’s determination of the amount of buildable lands sufficient for needed housing, employment and other urban uses must be based on the population and employment growth forecast to occur over a 14-year period.

(b) A city’s determination of the supply and development capacity of lands within its urban growth boundary must be based on:

(A) A simple inventory of vacant and partially vacant buildable lands within the urban growth boundary;

(B) The comprehensive plan designation and the zoning of the portion of the buildable lands that is urban; and

(i) The development and redevelopment capacity of urbanizable lands within the urban growth boundary; and

(ii) The redevelopment capacity of developed urban lands within the urban growth boundary.

(c) A city’s determination of the supply and development capacity of lands the city proposes to include within the urban growth boundary must be based on:

(A) A simple inventory of vacant and partially vacant lands; and

(B) Simple factors established by the commission for forecasting the development and redevelopment capacity of the lands.

(d) A city shall demonstrate that lands included within the urban growth boundary:

(A) Include sufficient serviceable land for at least a seven-year period.

(B) Can all be serviceable over a 14-year period.

(e) Lands included within the urban growth boundary:

(A) Must be planned and zoned for categories of land uses in amounts that are roughly proportional to the land need determined for each category of use;

(B) Must be planned and zoned for an intensity of use that is generally consistent with the estimates that were used to determine the amount of land needed;

(C) Must be planned and zoned to meet the requirements for needed housing, and those requirements must be specified by rule of the commission in a manner that is as objective as practicable; and

(D) May be either:

(i) Planned and zoned, or otherwise conditioned, to avoid significantly affecting a state highway, a state highway interchange or a freight route designated in the Oregon Highway Plan; or

(ii) Allowed to significantly affect a state highway, a state highway interchange or a freight route designated in the Oregon Highway Plan subject to mitigation, consistent with rules of the commission, if the lands are planned and zoned for compact urban development or industrial uses.

(4) For purposes of subsection (3)(a) of this section, population growth must be forecast as provided in ORS 195.033. Employment growth must be forecast based on the population growth forecast for the city or the employment growth forecast issued by the Employment Department for the county or region. The commission shall establish factors, by rule, for converting the forecasted population and employment growth into forecasts of land need for housing, employment and other categories of uses. The factors must:

(a) Be based on an empirical evaluation of the relation between population and employment growth and the rate and trends of land utilization in the recent past in the applicable major region of the state;

(b) Reflect consideration by the commission of any significant changes occurring or expected to occur in the markets for urban land uses in that major region of the state;

(d) Provide a range of policy choices for a city about the form of its future growth.

(5) For purposes of subsection (3)(b) of this section, the commission shall establish factors for supply and development capacity that are:

(a) Based on an empirical evaluation of the population and employment growth that has occurred on similarly situated lands through development and redevelopment;

(b) Based on consideration by the commission of any significant changes occurring or expected to occur in the markets for urban land uses in that major region of the state;

(d) Designed to provide a range of policy choices for a city about the form of its future growth.

(6) For purposes of subsection (3)(c) of this section, the commission shall establish factors that are:

(a) Based on an empirical evaluation of the population and employment growth that has occurred on similarly situated lands through development and redevelopment;

(b) Based on consideration by the commission of any significant changes occurring or expected to occur in the markets for urban land uses in each major region of the state;

(d) Designed to provide a range of policy choices for a city about the form of its future growth.

(7) For lands that are included within an urban growth boundary pursuant to this section and not made serviceable within 20 years after the date of their inclusion, the commission may provide by rule that:

(a) The lands must be removed from within the urban growth boundary the next time the city evaluates the urban growth boundary; or

(b) The planned development capacity of the lands must be reduced if there are significant increases in the cost of making the lands serviceable.

(8) When lands included within the urban growth boundary pursuant to this section are planned and zoned for industrial or residential uses, the lands must remain planned and zoned for the use unless a rule of the commission allows a change in planning and zoning based on a significant change in circumstance. [2013 c.575 §4; 2013 c.575 §9; 2023 c.13 §93]

197A.312 Cities with population of 10,000 or greater; rules. (1) As an alternative to the method prescribed in ORS 197A.270 (5)(a), the Land Conservation and Development Commission shall adopt a method by which a city outside Metro that has a population of 10,000 or greater may evaluate or amend its urban growth boundary.

(2) The commission shall design the method so that:

(a) A city using the method:

(B) Will not become less efficient in its use of land as a result of a change to the urban growth boundary.

(b) The urban population per square mile will continue to increase over time on a statewide basis and in major regions of the state, including that portion of the Willamette Valley outside of Metro.

(c) The rate of conversion of agricultural and forest lands to urban uses does not increase over time in any major region of the state.

(3) Under the method adopted by the commission:

(b) A city’s determination of the supply and development capacity of lands within its urban growth boundary must be based on:

(A) An inventory of vacant and partially vacant buildable lands within the urban growth boundary;

(B) The comprehensive plan designation and the zoning of the portion of the buildable lands that is urban; and

(i) The development and redevelopment capacity of urbanizable lands within the urban growth boundary; and

(ii) The redevelopment capacity of developed urban lands within the urban growth boundary.

(c) A city’s determination of the supply and development capacity of lands the city proposes to include within the urban growth boundary must be based on:

(A) An inventory of vacant and partially vacant lands; and

(B) Factors established by the commission for forecasting the development and redevelopment capacity of the lands.

(d) A city shall consider a range or combination of measures identified by rule of the commission to accommodate future need for land within the urban growth boundary and implement at least one measure or satisfy an alternate performance standard established by the commission. The commission shall design the alternate performance standard so that the standard is satisfied when the city:

(A) Has a development code that contains specified provisions designed to encourage the development of needed housing; and

(B) Demonstrates that, during the preceding planning period, the city:

(i) If located in the Willamette Valley, exceeded the median rate of redevelopment and infill for cities with a population of 10,000 or greater in the Willamette Valley that are outside of the boundaries of Metro by an amount set by commission rule; and

(ii) If located outside of the Willamette Valley, exceeded the median rate of redevelopment and infill for cities with a population of 10,000 or greater that are outside the Willamette Valley by an amount set by commission rule.

(e) A city shall demonstrate that lands included within the urban growth boundary:

(A) Include sufficient serviceable land for at least a seven-year period.

(B) Can all be serviceable over a 14-year period.

(f) Lands included within the urban growth boundary: