Chapter 197A — Land Use Planning: Housing and Urbanization

 

2023 EDITION

 

LAND USE PLANNING: HOUSING AND URBANIZATION

 

MISCELLANEOUS MATTERS

 

GENERAL PROVISIONS

 

197A.015  Definitions for ORS 197.475 to 197.493 and ORS chapter 197A

 

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 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  Identification of cities with unmet housing needs; effect

 

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 Governor’s expansion of urban growth boundary for advanced manufacturing are compiled as notes following ORS 197A.200)

 

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

 

197A.210  Development-ready lands

 

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

 

(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.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 REQUIREMENTS FOR HOUSING

 

197A.395  Limits on local government prohibitions

 

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

 

197A.420  Duplexes; middle housing

 

197A.425  Accessory dwelling units

 

197A.430  Single room occupancies

 

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

 

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

 

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

 

GENERAL PROVISIONS

 

      197A.015 Definitions for ORS 197.475 to 197.493 and ORS chapter 197A. As used in ORS 197.475 to 197.493 and ORS chapter 197A:

      (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” includes, regardless of size, any city within Tillamook County and the communities of Barview/Twin Rocks/Watseco, Cloverdale, Hebo, Neahkahnie, Neskowin, Netarts, Oceanside and Pacific City/Woods.

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

      (10) “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-family dwelling. [Formerly 197.286]

 

      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-family housing, middle housing types as described in ORS 197A.420 and multifamily housing that is owned or rented;

      (B) Government assisted housing;

      (C) Mobile home or manufactured dwelling parks as provided in ORS 197.475 to 197.493;

      (D) Manufactured homes on individual lots planned and zoned for single-family 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, 197A.280 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]

 

      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;

      (c) Buildable lands or housing capacity;

      (d) Amendments to urban growth boundaries, including under ORS 197A.215, 197A.270 (5)(a), 197A.285 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]

 

      Note: Section 9, chapter 13, Oregon Laws 2023, provides:

      Sec. 9. (1) The Land Conservation and Development Commission shall adopt rules and amendments to rules related to urbanization as follows:

      (a) On or before June 30, 2024, adopt a schedule by which cities, as defined in ORS 197.286 [renumbered 197A.015], in Tillamook County shall demonstrate sufficient buildable lands;

      (b) On or before January 1, 2025, to implement ORS 197.290 [renumbered 197A.100], 197.291 [renumbered 197A.103], 197.293 [renumbered 197A.130], 197.319 (4), 197.320 (13) and 197.335 (6); and

      (c) On or before January 1, 2026, to implement ORS 197.286 to 197.314 [series became ORS chapter 197A], except as provided in paragraph (b) of this subsection.

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

      (a) Facilitating and encouraging housing production, affordability and housing choice on buildable lands within an urban growth boundary;

      (b) Providing greater clarity and certainty in the adoption and acknowledgement of housing capacity analyses, urban growth boundary amendments, urban growth boundary exchanges or urban reserves to accommodate an identified housing need;

      (c) Reducing analytical burden, minimizing procedural redundancy and increasing legal certainty for local governments pursuing urban growth boundary amendments, urban growth boundary exchanges or urban reserves where a housing need is identified, especially for smaller cities, consistent with the appropriate protection of resource lands; and

      (d) Supporting coordinated public facilities planning, annexation, and comprehensive plan amendments to facilitate the development of lands brought into an urban growth boundary.

      (3) In adopting rules under subsection (1)(b) of this section, the commission shall:

      (a) Consult with the Housing and Community Services Department, Department of Transportation, Department of Environmental Quality, Department of State Lands, Oregon Business Development Department and Department of Consumer and Business Services;

      (b) Provide clear parameters on the types and extent of actions needed or allowed under ORS 197.290 (3) that are consistent with the technical and resource capacities of varying sizes of local governments; and

      (c) Recognize actions already taken by local governments to support the development of all types of needed housing.

      (4) To avoid interference with current planning activities or to avoid unjust or surprising results, the Land Conservation and Development Commission may postpone, for cities specified by the commission, the applicability of section 13 [197A.210], 21 [197A.280], 22 [197A.270] or 23 [197A.018], chapter 13, Oregon Laws 2023, and the amendments to ORS 197.286, 197.290, 197.296 [renumbered 197A.350], 197.297 [renumbered 197A.335] and 197.303 [renumbered 197A.348] by sections 12 and 25 to 28, chapter 13, Oregon Laws 2023, until a date that is not later than January 1, 2027.

      (5) To provide for flexibility and coordination of county resources, the commission may adopt any policies or rules necessary to allow cities, as defined in ORS 197.286, in Tillamook County to cooperate with the county in fulfilling any of the cities’ duties under ORS 197.286 to 197.314 or coordinating the distribution of any funds to the cities for such purposes. [2023 c.13 §9; 2023 c.283 §7; 2023 c.326 §7]

 

      Note: Section 6, chapter 13, Oregon Laws 2023, provides:

      Sec. 6. (1) No later than March 1, 2024, the Department of Land Conservation and Development shall adopt a housing production target schedule under section 3 (3)(c), chapter 13, Oregon Laws 2023 [184.455 (3)(c)].

      (2) No later than January 1, 2025, the Oregon Department of Administrative Services shall:

      (a) Conduct the initial statewide housing analysis and the initial estimate and allocation of housing need under section 2, chapter 13, Oregon Laws 2023 [184.453].

      (b) Establish the initial housing production targets under section 3, chapter 13, Oregon Laws 2023.

      (3) No later than January 1, 2025, the Housing and Community Services Department shall:

      (a) Publish the statewide housing production dashboard under section 4, chapter 13, Oregon Laws 2023 [456.601]; and

      (b) Publish statewide housing equity indicators under section 5, chapter 13, Oregon Laws 2023 [456.602].

      (4) The schedule adopted by the Department of Land Conservation and Development under subsection (1) of this section is not a land use decision and is not subject to appeal. [2023 c.13 §6; 2023 c.326 §6]

 

      197A.030 Department support to local governments to incentivize needed housing. The Department of Land Conservation and Development may provide technical assistance and award grants to local governments to enable them to implement the provisions of ORS chapter 197A and to take other actions to incentivize the production of needed housing within the jurisdiction of the local government. [2023 c.13 §10]

 

      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;

      (c) Housing with access to economic opportunities, services and amenities; and

      (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;

      (C) Reduce cost or delay and increase procedural certainty for the production of housing; or

      (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;

      (c) Measures already adopted by the city to promote the development 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;

      (C) Its expected magnitude of impact on the development of needed housing; and

      (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 survey under ORS 197A.110.

      (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]

 

      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

      (c) A brief narrative summary of the housing production strategy.

      (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

      (c) That there is no further right of appeal.

      (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

      (c) Remand the housing production strategy for further modification as identified by the department.

      (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) No later than February 1 of each year, each city with a population of 10,000 or greater shall submit to the Department of Land Conservation and Development 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-family homes.

      (B) Accessory dwelling units.

      (C) Units of middle housing.

      (D) Multifamily residential units, 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 (3)(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 by July 1 of each year. [2023 c.13 §37]

 

      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 Identification of cities with unmet housing needs; effect. (1) The Land Conservation and Development Commission, in consultation with the Housing and Community Services Department, shall adopt criteria for reviewing and identifying cities with a population greater than 10,000 that have not sufficiently:

      (a) Achieved production of needed housing within their jurisdiction; or

      (b) Implemented a housing production strategy adopted under ORS 197A.100.

      (2) The criteria adopted by the commission under subsection (1) of this section may include the city’s:

      (a) Unmet housing need as described in ORS 197A.350 (6);

      (b) Unmet housing need in proportion to the city’s population;

      (c) Percentage of households identified as severely rent burdened as described in ORS 456.586;

      (d) Recent housing development;

      (e) Recent adoption of a housing production strategy under ORS 197A.100 or adoption of actions pursuant to a housing production strategy;

      (f) Recent or frequent previous identification by the Department of Land Conservation and Development under this section; or

      (g) Other attributes that the commission considers relevant.

      (3) The Department of Land Conservation and Development may review cities under the criteria adopted under subsection (2) of this section for the purposes of prioritizing actions by the department, including:

      (a) Awarding available technical or financial resources;

      (b) Providing enhanced review and oversight of the city’s housing production strategy;

      (c) Requiring a report and explanation if a city does not implement an action within the approximate time frame scheduled within a housing production strategy;

      (d) Entering into agreements with the city relating to the city’s modification or implementation of its housing production strategy; or

      (e) Petitioning the commission to act under ORS 197.319 to 197.335 to require the city to comply with ORS chapter 197A or statewide land use planning goals related to housing or urbanization. [Formerly 197.293]

 

      Note: The amendments to 197A.130 (formerly 197.293) by section 14, chapter 13, Oregon Laws 2023, become operative January 1, 2025. See section 18, chapter 13, Oregon Laws 2023. The text that is operative on and after January 1, 2025, including amendments by section 10, chapter 326, Oregon Laws 2023, is set forth for the user’s convenience.

      197A.130. (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;

      (c) Forming partnerships with cities and with other public bodies;

      (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).

      (C) The city’s performance as demonstrated by a statewide housing equity indicator under ORS 456.602.

      (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;

      (c) Land use planning regulations, including zoning and development code;

      (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

      (c) Specified assistance in pursuing other state or public funds.

      (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.

 

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;

      (c) Adjacent to the city’s existing urban growth boundary;

      (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

      (c) Local governments within Jefferson County that are served by the North Unit Irrigation District.

      (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

      (c) Consists of 261.66 acres, more or less. [2021 c.552 §2]

      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;

      (c) A meeting of the city’s council where public testimony is considered; and

      (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;

      (c) The department has approved an expansion of the city’s urban growth boundary under section 6 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;

      (c) A meeting of the city’s council 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;

      (c) Deschutes County;

      (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 197.758 [renumbered 197A.420];

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

      (C) Exceed a minimum density standard of nine residential units per gross residential acre; and

      (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 197.758 and the amendments to ORS 197.312 [renumbered 197A.395 and 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 197.309 [renumbered 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]

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

 

(Temporary provisions relating to Governor’s expansion of urban growth boundary for advanced manufacturing)

 

      Note: Sections 9 to 12, chapter 25, Oregon Laws 2023, provide:

      Sec. 9. Sections 10 and 11 of this 2023 Act are added to and made a part of ORS 197.286 to 197.314 [series became ORS chapter 197A]. [2023 c.25 §9]

      Sec. 10. (1) On or before December 31, 2024, the Governor by executive order and subject to section 11 of this 2023 Act may bring within an existing urban growth boundary designated lands for the purposes of providing lands available for industrial uses to become part of the state’s covered incentive as defined in section 1 of this 2023 Act that relate to the semiconductor industry, advanced manufacturing or the supply chain for semiconductors or advanced manufacturing.

      (2) Lands designated by an executive order under this section must be within a site that consists of one or more tracts of land that are:

      (a) Contiguous to the city’s existing urban growth boundary;

      (b) Entirely within three miles of the city’s existing urban growth boundary; and

      (c) Not within areas designated as acknowledged urban reserves or rural reserves under ORS 195.144 (1), (2)(c) to (e) or (3) [renumbered 197A.250 (1), (2)(c) to (e) or (3)].

      (3) Before issuing an executive order under this section, the Governor shall:

      (a) Conduct one public meeting, in coordination with the city nearest to the site and each county in which the site is located, to be held in that city for the purpose of discussing bringing within the urban growth boundary the lands or potential lands;

      (b) Accept public comments for a period of no fewer than 20 days following the public meeting in paragraph (a) of this subsection; and

      (c) Make a determination that existing lands within an urban growth boundary in this state would not meet the needs of the specific project.

      (4) A determination made by the Governor under subsection (3)(c) of this section is final and not subject to appeal.

      (5) The Governor may designate up to a maximum of eight sites, as follows:

      (a) Two sites that exceed 500 acres; and

      (b) Six sites that do not exceed 500 acres.

      (6) Notwithstanding any other provision of this chapter [series became ORS chapters 197 and 197A] or ORS chapter 195, 215, 227 or 268 or any statewide land use planning goal, lands designated in an executive order under this section are considered to be within the acknowledged urban growth boundary, as described in this chapter [series became ORS chapters 197 and 197A] and ORS chapter 268, as of the date of the executive order.

      (7)(a) Jurisdiction is conferred upon the Supreme Court to determine the legal effect of subsections (1) to (6) of this section or the legal effect of any order issued by the Governor under subsections (1) to (6) of this section.

      (b) A person who is or will be adversely affected by subsections (1) to (6) of this section or by an order issued by the Governor under subsections (1) to (6) of this section may institute a proceeding for review of the order only by filing a petition with the Supreme Court within 60 days following:

      (A) The effective date of this 2023 Act [April 13, 2023]; or

      (B) The date of issuance of an executive order that is being challenged by the petition.

      (c) A copy of the petition must be served on the Attorney General and Governor.

      (d) If the Supreme Court determines that the petition contains factual issues, the Supreme Court may appoint a special master to hear evidence and to prepare recommended findings of fact.

      (e) Proceedings for review under this section shall be given priority over all other matters before the Supreme Court.

      (8) Notwithstanding any other provision of this chapter [series became ORS chapters 197 and 197A] or ORS chapter 195, 215, 227 or 268 or any statewide land use planning goal, the Land Conservation and Development Commission shall treat as acknowledged, as described in this chapter [series became ORS chapters 197 and 197A], an amendment to a comprehensive plan or an adoption of or amendment to a land use regulation made by a local government with land use jurisdiction over the lands designated under subsection (1) of this section, if:

      (a) The enactment or amendment is passed by an ordinance of the governing body of the county after a public hearing;

      (b) The ordinance is to allow the use of the land for industrial uses under subsection (1) of this section;

      (c) The ordinance is adopted no later than six months following the entry of the executive order designating the lands; and

      (d) A copy of the ordinance is delivered to the Land Conservation and Development Commission within 14 days after passage. [2023 c.25 §10]

      Sec. 11. Land brought within an acknowledged urban growth boundary under section 10 of this 2023 Act is removed from the urban growth boundary upon an order of the Governor upon determining that development of the land will not be receiving federal semiconductor financial assistance, as defined in section 1 of this 2023 Act. [2023 c.25 §11]

      Sec. 12. Sections 10 and 11 of this 2023 Act are repealed on January 2, 2029. [2023 c.25 §12]

 

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

 

      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;

      (c) The lot or parcel is assessed under ORS 308A.050 to 308A.128 for its value for farm use;

      (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 197.754.

      (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 to 197A.325 or 197A.350 (6). [Formerly 197.764]

 

(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;

      (c) Has suitable soils and available water where needed to sustain long-term agricultural operations; and

      (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;

      (C) The agricultural land use pattern, including parcelization, tenure and ownership patterns; and

      (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 family 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]

 

      Note: Section 34, chapter 13, Oregon Laws 2023, provides:

      Sec. 34. The amendments to ORS 195.141 [renumbered 197A.235] and 195.145 [renumbered 197A.245] by sections 32 and 33 of this 2023 Act do not apply to urban reserves or rural reserves that were adopted on or before June 30, 2023. [2023 c.13 §34]

 

      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 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;

      (C) Lands that may be used for a mix of residential and employment uses under the existing planning or zoning; and

      (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) The presence of a single family dwelling or other structure on a lot or parcel.

      (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;

      (C) Market factors that may substantially impact future 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]

 

      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.

      (c) When evaluating the priority of land for inclusion under paragraph (b) of this subsection:

      (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.285 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]

 

      197A.302 Purposes; rules. The purpose of ORS 197A.285 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]

 

      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

      (C) Simple factors established by the commission for forecasting:

      (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;

      (c) Be designed to encourage an increase in the land use efficiency of a city, subject to market conditions; and

      (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;

      (c) Designed to encourage an increase in the land use efficiency of the city, subject to market conditions; and

      (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;

      (c) Designed to encourage an increase in the land use efficiency of the city, subject to market conditions; and

      (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:

      (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 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) 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

      (C) Factors established by the commission for forecasting:

      (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:

      (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;

      (c) Be designed to encourage an increase in the land use efficiency of a city, subject to market conditions; and

      (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;

      (c) Designed to encourage an increase in the land use efficiency of the city, subject to market conditions; and

      (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;

      (c) Designed to encourage an increase in the land use efficiency of the city, subject to market conditions; and

      (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 §5; 2013 c.575 §10; 2015 c.248 §1; 2023 c.13 §95]

 

      197A.315 Expansion study areas; notice; urban service agreements. (1) As used in this section, “district” means:

      (a) A domestic water supply district organized under ORS chapter 264.

      (b) A parks and recreation district organized under ORS chapter 266.

      (c) A sanitary district organized under ORS 450.005 to 450.245.

      (d) A rural fire protection district organized under ORS chapter 478.

      (2) When a city evaluates or amends the urban growth boundary of the city under ORS 197A.312, the city shall notify:

      (a) Each district that has territory within the study area established under ORS 197A.285.

      (b) Each county that has land use jurisdiction over any portion of the study area.

      (3) The notification must:

      (a) Include a map showing the study area; and

      (b) State that, in order to execute or amend an urban service agreement concerning the study area, the district shall respond to the notice within 60 days of the date the notice is mailed if the district enters into or amends an urban service agreement concerning the study area.

      (4) An urban service agreement executed under this section must satisfy the requirements of ORS 195.065 (1)(a) to (f). When a city and a district execute an urban service agreement pursuant to this section, the city and the district are not required to participate in the negotiation of an urban service agreement under ORS 195.065 to 195.085.

      (5) Before executing the urban service agreement, the city and the district shall consult with community planning organizations that are recognized by the governing body of the city and whose boundaries include territory in the study area that may be affected by the urban service agreement.

      (6) If the special district chooses not to negotiate an urban service agreement or does not respond to the notice within 60 days, the city may withdraw from the service territory of the district any portion of the study area that is included within the urban growth boundary of the city and annexed to the city.

      (7) If the district responds in writing to the notice within 60 days and requests to execute an urban service agreement for the study area with the city, the city and the district shall meet to develop the urban service agreement within 60 days after the district responds.

      (8) If the city and district are unable to develop the urban service agreement within 180 days after the date of the first meeting, the city or the district may require mediation. If mediation is required, the city and the district shall each designate an individual to work with the city and the district to develop an urban service agreement. The city and the district are each responsible for the costs of the mediator it selects.

      (9) If the city and the district are unable to develop the urban service agreement after an additional 180 days, the city or the district may require arbitration. The mediators selected under subsection (8) of this section shall jointly select a third individual, and the three individuals shall constitute an arbitration panel to develop the urban service agreement. If the mediators are unable to agree on the third individual, the Director of the Department of Land Conservation and Development shall select an individual from a list of qualified arbitrators provided by the Land Conservation and Development Commission. The city and the district shall bear the cost of the third individual equally. The arbitration panel:

      (a) Shall consider the provisions of ORS 222.460, 222.465, 222.510 to 222.570, 222.575 and 222.580; and

      (b) May not:

      (A) Require the city or the district to pay the other party as part of the urban service agreement unless:

      (i) The urban service agreement requires a transfer of physical assets, in which case the urban service agreement may require the payment of fair market value for the assets; or

      (ii) A party has offered a payment as part of prior negotiations and the arbitrators incorporate all or a portion of the negotiated payment in the urban service agreement;

      (B) Prevent a city from including land within the urban growth boundary of the city; or

      (C) Prohibit a city from annexing territory that is within the urban growth boundary of the city.

      (10) A city may not withdraw territory from the service territory of a district:

      (a) Unless the district does not respond to the notice required by subsection (2) of this section; or

      (b) Until the city and the district develop an urban service agreement under this section.

      (11) Decisions related to the execution of an urban service agreement under this section are not land use decisions subject to the jurisdiction of the Land Use Board of Appeals. [2013 c.575 §6; 2015 c.27 §20]

 

      197A.320 [2013 c.575 §7; 2023 c.13 §24; renumbered 197A.285 in 2023]

 

      197A.325 Review of final decision of city; rules. (1) Notwithstanding ORS 197.626, when a city evaluates or amends the urban growth boundary of the city pursuant to ORS 197A.310 or 197A.312, the Land Use Board of Appeals has jurisdiction for review of a final decision of the city.

      (2) The board shall review the final decision of the city under ORS 197A.285 to 197A.325 as provided in ORS 197.805 to 197.855, except that:

      (a) In circumstances in which the Land Conservation and Development Commission has specified by rule a number or a range of numbers that the city may use:

      (A) The city is not required to adopt findings to support the use of the number or a number within the range of numbers; and

      (B) The board’s review of the number may determine only that the city has used a number that is allowed by the rule.

      (b) The board shall affirm an interpretation by a local government of its comprehensive plan or land use regulations unless that interpretation is clearly erroneous.

      (3) Notwithstanding ORS 197.628 and 197.629, when a city evaluates or amends the urban growth boundary of the city pursuant to ORS 197A.310 or 197A.312, the city is not required to commence or complete periodic review. The commission shall, by rule, specify alternate means to ensure that the comprehensive plan and land use regulations of the city comply with the statewide land use planning goals and are updated over time to reflect changing conditions and needs. [2013 c.575 §8]

 

(Planning by Metro Cities and Metro)

 

      197A.335 Determination of housing capacity and accommodation of needed housing by Metro cities. (1) At least once every six years, by a date scheduled by the Land Conservation and Development Commission, a city that is within Metro and has a population of 10,000 or greater shall:

      (a) Inventory the supply of buildable lands within the city and determine the housing capacity of the buildable lands; and

      (b) Conduct an analysis of the city’s existing and projected needed housing under statewide planning goals and rules related to housing by type, mix, affordability and density range to determine the number of units and amount of land needed for each needed housing type under ORS 197A.018 for the next 20 years.

      (2) The housing capacity determination and the needed housing analysis conducted under this section must be adopted as part of the city’s comprehensive plan no later than one year after completion of the needed housing analysis.

      (3) If the housing capacity and needed housing analysis conducted under this section demonstrates a housing need, the city shall amend its comprehensive plan or land use regulations or take actions to update or implement its housing production strategy to include new measures that demonstrably increase the likelihood that development of needed housing will occur for the type, mix, affordability and densities sufficient to accommodate needed housing for the next 20 years. [Formerly 197.297]

 

      197A.348 Definition of “needed housing.” (1) As used in ORS 197A.350 and this section, “needed housing” means all housing on land zoned for residential use or mixed residential and commercial use that is determined to meet the need shown for housing within an urban growth boundary at price ranges and rent levels that are affordable to households within the county with a variety of incomes, including but not limited to households with low incomes, very low incomes and extremely low incomes, as those terms are defined by the United States Department of Housing and Urban Development under 42 U.S.C. 1437a. “Needed housing” includes the following housing types:

      (a) Attached and detached single-family housing, middle housing types as described in ORS 197A.420 and multiple family housing for both owner and renter occupancy;

      (b) Government assisted housing;

      (c) Mobile home or manufactured dwelling parks as provided in ORS 197.475 to 197.493;

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

      (e) Agriculture workforce housing; and

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

      (2) For the purpose of estimating housing needs, as described in ORS 197A.350 (3)(b), Metro shall adopt findings and perform an analysis that estimates each of the following factors:

      (a) Projected needed housing units over the next 20 years;

      (b) Current housing underproduction;

      (c) Housing units needed for people experiencing homelessness; and

      (d) Housing units projected to be converted into vacation homes or second homes during the next 20 years.

      (3) Metro shall make the estimate described in subsection (2) of this section using a shorter time period than since the last review under ORS 197A.350 (2)(a)(B) if Metro finds that the shorter time period will provide more accurate and reliable data related to housing need. The shorter time period may not be less than three years.

      (4) Metro shall use data from a wider geographic area or use a time period longer than the time period described in subsection (2) of this section if the analysis of a wider geographic area or the use of a longer time period will provide more accurate, complete and reliable data relating to trends affecting housing need than an analysis performed pursuant to subsection (2) of this section. Metro must clearly describe the geographic area, time frame and source of data used in an estimate performed under this subsection.

      (5) Subsection (1)(a) and (d) of this section does not apply to a city with a population of less than 2,500.

      (6) Metro may take an exception under ORS 197.732 to the definition of “needed housing” in subsection (1) of this section in the same manner that an exception may be taken under the goals. [Formerly 197.303]

 

      197A.350 Determination of housing capacity and accommodation of needed housing by Metro. (1) This section applies only to Metro.

      (2)(a) Metro shall demonstrate that its regional framework plan provides sufficient buildable lands within the urban growth boundary established pursuant to statewide planning goals to accommodate estimated housing needs for 20 years:

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

      (B) As scheduled by the Land Conservation and Development Commission at least once each six years; or

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

      (b) The 20-year period shall commence on the date initially scheduled for completion of the review under paragraph (a) of this subsection.

      (3) In performing the duties under subsection (2) of this section, Metro shall:

      (a) Inventory the supply of buildable lands within the urban growth boundary and determine the housing capacity of the buildable lands; and

      (b) Conduct an analysis of existing and projected housing need by type and density range, in accordance with all factors under ORS 197A.348 and statewide planning goals and rules relating to housing, to determine the number of units and amount of land needed for each needed housing type for the next 20 years.

      (4)(a) For the purpose of the inventory described in subsection (3)(a) of this section, “buildable lands” includes:

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

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

      (C) Lands that may be used for a mix of residential and employment uses under the existing planning or zoning; and

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

      (b) For the purpose of the inventory and determination of housing capacity described in subsection (3)(a) of this section, Metro must demonstrate consideration of:

      (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 Metro;

      (C) The presence of a single family dwelling or other structure on a lot or parcel; and

      (D) Factors that influence available housing supply, including short-term rentals, second homes and vacation homes.

      (c) Except for land that may be used for residential infill or redevelopment, Metro 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.

      (5)(a) Except as provided in paragraphs (b) and (c) of this subsection, the determination of housing capacity pursuant to subsection (3)(a) of this section must be based on data relating to land within the urban growth boundary that has been collected since the last review under subsection (2)(a)(B) of this section. The data shall include:

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

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

      (C) Market factors that may substantially impact future urban residential development; and

      (D) The number, density and average mix of housing types that have occurred on the buildable lands described in subsection (4)(a) of this section.

      (b) Metro shall make the determination described in paragraph (a) of this subsection using a shorter time period than the time period described in paragraph (a) of this subsection if Metro 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) Metro 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 a longer time period will provide more accurate, complete and reliable data relating to trends affecting housing need than an analysis performed pursuant to paragraph (a) of this subsection. Metro must clearly describe the geographic area, time frame and source of data used in a determination performed under this paragraph.

      (6) If the housing need determined pursuant to subsection (3)(b) of this section is greater than the housing capacity determined pursuant to subsection (3)(a) of this section, Metro shall take one or both of the following actions to accommodate the additional housing need:

      (a) Amend its urban growth boundary to include sufficient buildable lands to accommodate housing needs for the next 20 years. As part of this process, Metro shall consider the effects of measures taken pursuant to paragraph (b) of this subsection. The amendment shall 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 shall be a coordinated process between the affected public school districts and Metro that has the authority to approve the urban growth boundary.

      (b) Amend its regional framework plan, functional plan or land use regulations to include new measures that demonstrably increase the likelihood that residential development will occur at densities sufficient to accommodate housing needs for the next 20 years without expansion of the urban growth boundary. If Metro takes this action, Metro shall adopt findings regarding the density expectations assumed to result from measures adopted under this paragraph based upon the factors listed in ORS 197A.348 (2) and data in subsection (5)(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 within Metro that are zoned to allow no greater than the same authorized density level, as defined in ORS 227.175.

      (7) Using the housing need analysis conducted under subsection (3)(b) of this section, Metro shall determine the overall average density and overall mix of housing types at which residential development of needed housing types must occur in order to meet housing needs over the next 20 years. If that density is greater than the actual density of development determined under subsection (5)(a)(A) of this section, or if that mix is different from the actual mix of housing types determined under subsection (5)(a)(A) of this section, Metro, as part of its periodic review, shall adopt measures that demonstrably increase the likelihood that residential development will occur at the housing types and density and at the mix of housing types required to meet housing needs over the next 20 years.

      (8) Metro shall determine the density and mix of housing types anticipated as a result of actions taken under subsections (6) and (7) of this section and monitor and record the actual density and mix of housing types achieved following the adoption of these actions. Metro shall compare actual and anticipated density and mix. Metro shall submit its comparison to the commission at the next review of its urban growth boundary under subsection (2)(a) of this section.

      (9) In establishing that actions and measures adopted under subsections (6) and (7) of this section demonstrably increase the likelihood of higher density residential development, Metro shall at a minimum ensure that land zoned for needed housing is in locations appropriate for the housing types identified under subsection (3) of this section, is zoned at density ranges that are likely to be achieved by the housing market using the analysis in subsection (3) of this section and is in areas where sufficient urban services are planned to enable the higher density development to occur over the 20-year period. Actions or measures, or both, may include those actions listed in ORS 197A.100 (3). [Formerly 197.296]

 

      197A.355 Priority of land to be included within Metro urban growth boundary. (1) In addition to any requirements established by rule addressing urbanization, land may not be included within an urban growth boundary of Metro except under the following priorities:

      (a) First priority is land that is designated urban reserve land under ORS 197A.245, rule or Metro action plan.

      (b) If land under paragraph (a) of this subsection is inadequate to accommodate the amount of land needed, second priority is land adjacent to an urban growth boundary that is identified in an acknowledged comprehensive plan as an exception area or nonresource land. Second priority may include resource land that is completely surrounded by exception areas unless such resource land is high-value farmland as described in ORS 215.710.

      (c) If land under paragraphs (a) and (b) of this subsection is inadequate to accommodate the amount of land needed, third priority is land designated as marginal land pursuant to ORS 197.247 (1991 Edition).

      (d) If land under paragraphs (a) to (c) of this subsection is inadequate to accommodate the amount of land needed, fourth priority is land designated in an acknowledged comprehensive plan for agriculture or forestry, or both.

      (2) Under this section, higher priority must be given to land of lower capability as measured by the capability classification system or by cubic foot site class, whichever is appropriate for the current use.

      (3) Land of lower priority under this section may be included in an urban growth boundary if land of higher priority is found to be inadequate to accommodate the amount of land estimated in subsection (1) of this section for one or more of the following reasons:

      (a) Specific types of identified land needs cannot be reasonably accommodated on higher priority lands;

      (b) Future urban services could not reasonably be provided to the higher priority lands due to topographical or other physical constraints; or

      (c) Maximum efficiency of land uses within a proposed urban growth boundary requires inclusion of lower priority lands in order to include or to provide services to higher priority lands. [Formerly 197.298]

 

      197A.358 Metro urban growth boundary designation. For the purpose of land use planning in Oregon, the Legislative Assembly designates the urban growth boundary designated in Metro Ordinance No. 11-1264B, adopted October 20, 2011, as the acknowledged urban growth boundary of Metro, subject to the conditions of approval in the ordinance, except that:

      (1) The real property in Area 7C 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),” is included within the acknowledged urban growth boundary.

      (2) The real property in Area 7D 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),” is included within the acknowledged urban growth boundary.

      (3) The real property in Area 7E 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),” is included within the acknowledged urban growth boundary. [2014 c.92 §4]

 

      197A.362 Timing of Metro accommodation of needed housing; lands for public schools. (1) Metro shall complete the inventory, determination and analysis required under ORS 197A.350 (3) not later than six years after completion of the previous inventory, determination and analysis.

      (2)(a) Metro shall take such action as necessary under ORS 197A.350 (6)(a) to accommodate one-half of a 20-year buildable land supply determined under ORS 197A.350 (3) within one year of completing the analysis.

      (b) Metro shall take all final action under ORS 197A.350 (6)(a) necessary to accommodate a 20-year buildable land supply determined under ORS 197A.350 (3) within two years of completing the analysis.

      (c) The metropolitan service district shall take action under ORS 197A.350 (6)(b), within one year after the analysis required under ORS 197A.350 (3)(b) is completed, to provide sufficient buildable land within the urban growth boundary to accommodate the estimated housing needs for 20 years from the time the actions are completed.

      (d) The metropolitan service district shall consider and adopt new measures that the governing body deems appropriate under ORS 197A.350 (6)(b).

      (3) The commission may grant an extension to the time limits of subsection (2) of this section if the Director of the Department of Land Conservation and Development determines that the metropolitan service district has provided good cause for failing to meet the time limits.

      (4)(a) Metro shall establish a process to expand the urban growth boundary to accommodate a need for land for a public school that cannot reasonably be accommodated within the existing urban growth boundary. Metro shall design the process to:

      (A) Accommodate a need that must be accommodated between periodic analyses of urban growth boundary capacity required by subsection (1) of this section; and

      (B) Provide for a final decision on a proposal to expand the urban growth boundary within four months after submission of a complete application by a large school district as defined in ORS 195.110.

      (b) At the request of a large school district, Metro shall assist the district to identify school sites required by the school facility planning process described in ORS 195.110. A need for a public school is a specific type of identified land need under ORS 197A.355 (3).

      (5) At least three years after completing its most recent demonstration of sufficient buildable lands under ORS 197A.350, Metro may, on a single occasion, revise the determination and analysis required as part of the demonstration for the purpose of considering an amendment to the Metro’s urban growth boundary, provided:

      (a) One or more cities within Metro have proposed a development that would require expansion of the urban growth boundary;

      (b) The city or cities proposing the development have provided evidence to Metro that the proposed development would provide additional needed housing to the needed housing included in the most recent determination and analysis;

      (c) The location chosen for the proposed development is adjacent to the city proposing the development; and

      (d) The location chosen for the proposed development is located within an area designated and acknowledged as an urban reserve.

      (6)(a) If Metro, after revising its most recent determination and analysis pursuant to subsection (5) of this section, concludes that an expansion of its urban growth boundary is warranted, Metro may take action to expand its urban growth boundary in one or more locations to accommodate the proposed development, provided the urban growth boundary expansion does not exceed a total of 1,000 acres.

      (b) If Metro expands its urban growth boundary under this subsection, Metro:

      (A) Must adopt the urban growth boundary expansion not more than four years after completing its most recent demonstration of sufficient buildable lands under ORS 197A.350; and

      (B) Is exempt from the boundary location requirements described in the statewide land use planning goals relating to urbanization. [Formerly 197.299]

 

      197A.365 Metro housing coordination strategy. (1) Metro shall develop and adopt a housing coordination strategy under this section no later than one year after the deadline for completing a housing capacity determination under ORS 197A.350.

      (2) Regional governments other than Metro, including counties or intergovernmental entities described under ORS 190.003 to 190.130, may adopt a housing coordination strategy as provided in this section.

      (3) A housing coordination strategy must include a list of actions, including the adoption of measures and policies or coordinating actions among local governments and other entities within a region, that the regional entity 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, physically accessible and affordable;

      (c) Housing with access to economic opportunities, services and amenities; and

      (d) Actions that affirmatively further fair housing as defined in ORS 197A.100.

      (4) Actions constituting a housing coordination strategy may include:

      (a) The identification or coordination of resources that support the production of needed housing, including funding, staff capacity or technical support at the regional or state level;

      (b) The identification of local or regional impediments to developing needed housing, including financial, regulatory or capacity-related constraints;

      (c) Regional strategies that coordinate production of needed housing between local governments within a region and that are developed in consultation with impacted local governments;

      (d) The identification of specific actions that cities in the region may consider as part of a housing production strategy under ORS 197A.100; and

      (e) Any other actions identified by rule of the Land Conservation and Development Commission that may promote the quantity or quality of developed housing in the region.

      (5) A housing coordination strategy does not include changes to the amount of buildable lands under ORS 197A.350.

      (6) In creating a housing coordination strategy, a regional government 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;

      (c) Measures already implemented by the regional entity to promote the development of needed housing;

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

      (e) For each action the regional entity includes in its housing coordination strategy:

      (A) The schedule for its adoption, if applicable;

      (B) The schedule for its implementation, if applicable;

      (C) Its expected magnitude of impact on the development of needed housing; and

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

      (7) The adoption of a housing coordination strategy is not a land use decision and is not subject to appeal or review except as provided in ORS 197A.103. [2023 c.13 §30; 2023 c.326 §16]

 

      197A.370 Metro report of performance measures. (1) A metropolitan service district organized under ORS chapter 268 shall compile and report to the Department of Land Conservation and Development on performance measures as described in this section at least once every two years. The information shall be reported in a manner prescribed by the department.

      (2) Performance measures subject to subsection (1) of this section shall be adopted by a metropolitan service district and shall include but are not limited to measures that analyze the following:

      (a) The rate of conversion of vacant land to improved land;

      (b) The density and price ranges of residential development, including both single family and multifamily residential units;

      (c) The level of job creation within individual cities and the urban areas of a county inside the metropolitan service district;

      (d) The number of residential units added to small sites assumed to be developed in the metropolitan service district’s inventory of available lands but which can be further developed, and the conversion of existing spaces into more compact units with or without the demolition of existing buildings;

      (e) The amount of environmentally sensitive land that is protected and the amount of environmentally sensitive land that is developed;

      (f) The sales price of vacant land;

      (g) Residential vacancy rates;

      (h) Public access to open spaces; and

      (i) Transportation measures including mobility, accessibility and air quality indicators. [Formerly 197.301]

 

      197A.372 Metro evaluation of accommodation of needed housing; corrective action; enforcement. (1) After gathering and compiling information on the performance measures as described in ORS 197A.370 but prior to submitting the information to the Department of Land Conservation and Development, Metro shall determine if actions taken under ORS 197A.350 (6) have established the buildable land supply and housing densities necessary to accommodate estimated housing needs determined under ORS 197A.350 (3). If Metro determines that the actions undertaken will not accommodate estimated need, Metro shall develop a corrective action plan, including a schedule for implementation. Metro shall submit the plan to the department along with the report on performance measures required under ORS 197A.370. Corrective action under this section may include amendment of the urban growth boundary, regional framework plan, functional plan or land use regulations as described in ORS 197A.350 (6)(b).

      (2) Within two years of submitting a corrective action plan to the department, Metro shall demonstrate by reference to the performance measures described in ORS 197A.370 that implementation of the plan has resulted in the buildable land supply and housing density within the urban growth boundary necessary to accommodate the estimated housing needs for each housing type as determined under ORS 197A.350 (3).

      (3) The failure of Metro to demonstrate the buildable land supply and housing density necessary to accommodate housing needs as required under this section and ORS 197A.350 may be the basis for initiation of enforcement action pursuant to ORS 197.319 to 197.335. [Formerly 197.302]

 

LOCAL REQUIREMENTS FOR HOUSING

 

      197A.395 Limits on local government prohibitions. (1) A local government may not prohibit from all residential zones attached or detached single-family housing, multifamily housing for both owner and renter occupancy, manufactured homes or prefabricated structures. A city or county may not prohibit government assisted housing or impose additional approval standards on government assisted housing that are not applied to similar but unassisted housing.

      (2)(a) A single-family dwelling for a farmworker and the farmworker’s immediate family is a permitted use in any residential or commercial zone that allows single-family dwellings as a permitted use.

      (b) A city or county may not impose a zoning requirement on the establishment and maintenance of a single-family dwelling for a farmworker and the farmworker’s immediate family in a residential or commercial zone described in paragraph (a) of this subsection that is more restrictive than a zoning requirement imposed on other single-family dwellings in the same zone.

      (3)(a) Multifamily housing for farmworkers and farmworkers’ immediate families is a permitted use in any residential or commercial zone that allows multifamily housing generally as a permitted use.

      (b) A city or county may not impose a zoning requirement on the establishment and maintenance of multifamily housing for farmworkers and farmworkers’ immediate families in a residential or commercial zone described in paragraph (a) of this subsection that is more restrictive than a zoning requirement imposed on other multifamily housing in the same zone.

      (4) A city or county may not prohibit a property owner or developer from maintaining a real estate sales office in a subdivision or planned community containing more than 50 lots or dwelling units for the sale of lots or dwelling units that remain available for sale to the public. [Formerly subsections (1) to (4) of 197.312]

 

      197A.400 Clear and objective approval criteria required; alternative approval process. (1) Except as provided in subsection (3) of this section, a local government may adopt and apply only clear and objective standards, conditions and procedures regulating the development of housing, including needed housing, on land within an urban growth boundary. The standards, conditions and procedures:

      (a) May include, but are not limited to, one or more provisions regulating the density or height of a development.

      (b) May not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay.

      (2) The provisions of subsection (1) of this section do not apply to:

      (a) An application or permit for residential development in an area identified in a formally adopted central city plan, or a regional center as defined by Metro, in a city with a population of 500,000 or greater.

      (b) An application or permit for residential development in historic areas designated for protection under a land use planning goal protecting historic areas.

      (3) In addition to an approval process for needed housing based on clear and objective standards, conditions and procedures as provided in subsection (1) of this section, a local government may adopt and apply an alternative approval process for applications and permits for residential development based on approval criteria that are not clear and objective if:

      (a) The applicant retains the option of proceeding under the approval process that meets the requirements of subsection (1) of this section;

      (b) The approval criteria for the alternative approval process comply with applicable statewide land use planning goals and rules; and

      (c) The approval criteria for the alternative approval process authorize a density at or above the density level authorized in the zone under the approval process provided in subsection (1) of this section.

      (4) Subject to subsection (1) of this section, this section does not infringe on a local government’s prerogative to:

      (a) Set approval standards under which a particular housing type is permitted outright;

      (b) Impose special conditions upon approval of a specific development proposal; or

      (c) Establish approval procedures. [Formerly subsections (4) to (7) of 197.307]

 

      Note: The amendments to 197A.400 (formerly 197.307) by section 2, chapter 533, Oregon Laws 2023, become operative July 1, 2025. See section 4, chapter 533, Oregon Laws 2023. The text that is operative on and after July 1, 2025, is set forth for the user’s convenience.

      197A.400. (1) Except as provided in subsection (3) of this section, a local government may adopt and apply only clear and objective standards, conditions and procedures regulating the development of housing, including needed housing, on land within an urban growth boundary, unincorporated communities designated in a county’s acknowledged comprehensive plan after December 5, 1994, nonresource lands and areas zoned for rural residential use as defined in ORS 215.501. The standards, conditions and procedures:

      (a) May include, but are not limited to, one or more provisions regulating the density or height of a development.

      (b) May not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay.

      (2) The provisions of subsection (1) of this section do not apply to:

      (a) An application or permit for residential development in an area identified in a formally adopted central city plan, or a regional center as defined by Metro, in a city with a population of 500,000 or greater.

      (b) An application or permit for residential development in historic areas designated for protection under a land use planning goal protecting historic areas.

      (3) In addition to an approval process for needed housing based on clear and objective standards, conditions and procedures as provided in subsection (1) of this section, a local government may adopt and apply an alternative approval process for applications and permits for residential development based on approval criteria that are not clear and objective if:

      (a) The applicant retains the option of proceeding under the approval process that meets the requirements of subsection (1) of this section;

      (b) The approval criteria for the alternative approval process comply with applicable statewide land use planning goals and rules; and

      (c) The approval criteria for the alternative approval process authorize a density at or above the density level authorized in the zone under the approval process provided in subsection (1) of this section.

      (4) Subject to subsection (1) of this section, this section does not infringe on a local government’s prerogative to:

      (a) Set approval standards under which a particular housing type is permitted outright;

      (b) Impose special conditions upon approval of a specific development proposal; or

      (c) Establish approval procedures.

 

      197A.405 [2017 c.709 §1; 2018 c.15 §10; repealed by 2023 c.13 §96]

 

      197A.407 [2017 c.709 §2; 2018 c.15 §11; repealed by 2023 c.13 §96]

 

      197A.409 [2017 c.709 §3; repealed by 2023 c.13 §96]

 

      197A.411 [2017 c.709 §4; repealed by 2023 c.13 §96]

 

      197A.413 [2017 c.709 §6; repealed by 2023 c.13 §96]

 

      197A.420 Duplexes; middle housing. (1) As used in this section:

      (a) “City” or “city with a population of 25,000 or greater” includes, regardless of size, any city within Tillamook County and the communities of Barview/Twin Rocks/Watseco, Cloverdale, Hebo, Neahkahnie, Neskowin, Netarts, Oceanside and Pacific City/Woods.

      (b) “Cottage clusters” means groupings of no fewer than four detached housing units per acre with a footprint of less than 900 square feet each and that include a common courtyard.

      (c) “Middle housing” means:

      (A) Duplexes;

      (B) Triplexes;

      (C) Quadplexes;

      (D) Cottage clusters; and

      (E) Townhouses.

      (d) “Townhouses” means a dwelling unit constructed in a row of two or more attached units, where each dwelling unit is located on an individual lot or parcel and shares at least one common wall with an adjacent unit.

      (2) Except as provided in subsection (4) of this section, each city with a population of 25,000 or greater and each county or city within a metropolitan service district shall allow the development of:

      (a) All middle housing types in areas zoned for residential use that allow for the development of detached single-family dwellings; and

      (b) A duplex on each lot or parcel zoned for residential use that allows for the development of detached single-family dwellings.

      (3) Except as provided in subsection (4) of this section, each city not within a metropolitan service district with a population of 2,500 or greater and less than 25,000 shall allow the development of a duplex on each lot or parcel zoned for residential use that allows for the development of detached single-family dwellings. Nothing in this subsection prohibits a local government from allowing middle housing types in addition to duplexes.

      (4)(a) Except within Tillamook County, this section does not apply to:

      (A) Cities with a population of 1,000 or fewer, except inside of Tillamook County;

      (B) Lands not within an urban growth boundary;

      (C) Lands that are not incorporated and also lack sufficient urban services, as defined in ORS 195.065; or

      (D) Lands that are not incorporated and are zoned under an interim zoning designation that maintains the land’s potential for planned urban development.

      (b) This section does not apply to lands that are not zoned for residential use, including lands zoned primarily for commercial, industrial, agricultural or public uses.

      (5) Local governments may regulate siting and design of middle housing required to be permitted under this section, provided that the regulations do not, individually or cumulatively, discourage the development of all middle housing types permitted in the area through unreasonable costs or delay. Local governments may regulate middle housing to comply with protective measures adopted pursuant to statewide land use planning goals.

      (6) This section does not prohibit local governments from permitting:

      (a) Single-family dwellings in areas zoned to allow for single-family dwellings; or

      (b) Middle housing in areas not required under this section.

      (7) A local government that amends its comprehensive plan or land use regulations relating to allowing additional middle housing is not required to consider whether the amendments significantly affect an existing or planned transportation facility. [Formerly 197.758]

 

      Note: Sections 3 and 4, chapter 639, Oregon Laws 2019, provide:

      Sec. 3. (1) Notwithstanding ORS 197.646, a local government shall adopt land use regulations or amend its comprehensive plan to implement ORS 197.758 [renumbered 197A.420] no later than:

      (a) June 30, 2021, for each city subject to ORS 197.758 (3) (2021 Edition);

      (b) June 30, 2022, for each local government subject to ORS 197.758 (2) except as provided in paragraph (d) of this subsection;

      (c) June 30, 2025, for each city subject to ORS 197.758 (3), as amended by section 20 of this 2023 Act; or

      (d) July 1, 2025, for each city, as defined in ORS 197.758, in Tillamook County.

      (2) The Land Conservation and Development Commission, with the assistance of the Building Codes Division of the Department of Consumer and Business Services, shall develop a model middle housing ordinance no later than December 31, 2020.

      (3) A local government that has not acted within the time provided under subsection (1) of this section shall directly apply the model ordinance developed by the commission under subsection (2) of this section under ORS 197.646 (3) until the local government acts as described in subsection (1) of this section.

      (4) In adopting regulations or amending a comprehensive plan under this section, a local government shall consider ways to increase the affordability of middle housing by considering ordinances and policies that include but are not limited to:

      (a) Waiving or deferring system development charges;

      (b) Adopting or amending criteria for property tax exemptions under ORS 307.515 to 307.523, 307.540 to 307.548 or 307.651 to 307.687 or property tax freezes under ORS 308.450 to 308.481; and

      (c) Assessing a construction tax under ORS 320.192 and 320.195. [2019 c.639 §3; 2023 c.223 §21; 2023 c.283 §3]

      Sec. 4. (1) The Department of Land Conservation and Development may grant to a local government that is subject to ORS 197.758 [renumbered 197A.420] an extension of the time allowed to adopt land use regulations or amend its comprehensive plan under section 3, chapter 639, Oregon Laws 2019.

      (2) An extension under this section may be applied only to specific areas where the local government has identified water, sewer, storm drainage or transportation services that are significantly deficient and for which the local government has established a plan of actions that will remedy the deficiency in those services that is approved by the department. The extension may not extend beyond the date that the local government intends to correct the deficiency under the plan.

      (3) In areas where the extension under this section does not apply, the local government shall apply its own land use regulations consistent with section 3 (1), chapter 639, Oregon Laws 2019, or the model ordinance developed under section 3 (2), chapter 639, Oregon Laws 2019.

      (4) A request for an extension by a local government must be filed with the department no later than:

      (a) December 31, 2020, for a city subject to ORS 197.758 (3) (2021 Edition).

      (b) June 30, 2021, for a local government subject to ORS 197.758 (2).

      (c) June 30, 2024, for each city subject to ORS 197.758 (3), as amended by section 20 of this 2023 Act.

      (5) The department shall grant or deny a request for an extension under this section:

      (a) Within 90 days of receipt of a complete request from a city subject to ORS 197.758 (3).

      (b) Within 120 days of receipt of a complete request from a local government subject to ORS 197.758 (2).

      (6) The department shall adopt rules regarding the form and substance of a local government’s application for an extension under this section. The department may include rules regarding:

      (a) Defining the affected areas;

      (b) Calculating deficiencies of water, sewer, storm drainage or transportation services;

      (c) Service deficiency levels required to qualify for the extension;

      (d) The components and timing of a remediation plan necessary to qualify for an extension;

      (e) Standards for evaluating applications; and

      (f) Establishing deadlines and components for the approval of a plan of action. [2019 c.639 §4; 2023 c.223 §22]

 

      197A.425 Accessory dwelling units. (1)(a) A city with a population greater than 2,500 or a county with a population greater than 15,000 shall allow in areas within the urban growth boundary that are zoned for detached single-family dwellings the development of at least one accessory dwelling unit for each detached single-family dwelling, subject to reasonable local regulations relating to siting and design.

      (b) As used in this subsection:

      (A) “Accessory dwelling unit” means an interior, attached or detached residential structure that is used in connection with or that is accessory to a single-family dwelling.

      (B) “Reasonable local regulations relating to siting and design” does not include owner-occupancy requirements of either the primary or accessory structure or requirements to construct additional off-street parking.

      (2) Subsection (1) of this section does not prohibit local governments from regulating vacation occupancies, as defined in ORS 90.100, to require owner-occupancy or off-street parking. [Formerly subsections (5) and (6) of 197.312]

 

      197A.430 Single room occupancies. (1) As used in this section, “single room occupancy” means a residential development with no fewer than four attached units that are independently rented and lockable and provide living and sleeping space for the exclusive use of an occupant, but require that the occupant share sanitary or food preparation facilities with other units in the occupancy.

      (2) Within an urban growth boundary, each local government shall allow the development of a single room occupancy:

      (a) With up to six units on each lot or parcel zoned to allow for the development of a detached single-family dwelling; and

      (b) With the number of units consistent with the density standards of a lot or parcel zoned to allow for the development of residential dwellings with five or more units. [2023 c.223 §17]

 

      197A.445 Affordable housing allowed outright; commercial conversion to residential use; affordable housing density bonus. (1) As used in this section:

      (a) “Affordable housing” means residential property:

      (A) In which:

      (i) Each unit on the property is made available to own or rent to families with incomes of 80 percent or less of the area median income;

      (ii) The average of all units on the property is made available to families with incomes of 60 percent or less of the area median income; or

      (iii) A manufactured dwelling park is operated that serves only households with incomes of 120 percent or less of the area median income; and

      (B) Whose affordability, including affordability under a covenant as described in ORS 456.270 to 456.295, is enforceable for a duration of no less than 30 years.

      (b) “Area median income” means the median income for the metropolitan statistical area in which housing is located as determined by the Housing and Community Services Department and adjusted for household size based on information from the United States Department of Housing and Urban Development.

      (2) A local government shall allow affordable housing if the proposed affordable housing is on property that is:

      (a) Owned by:

      (A) A public body, as defined in ORS 174.109;

      (B) A nonprofit corporation that is organized as a religious corporation;

      (C) A nonprofit corporation that is organized as a public benefit corporation whose primary purpose is the development of affordable housing;

      (D) A housing authority, as defined in ORS 456.005; or

      (E) A manufactured dwelling park nonprofit cooperative, as defined in ORS 62.803; or

      (b) Zoned:

      (A) For commercial uses;

      (B) To allow religious assembly; or

      (C) As public lands.

      (3) A local government shall allow the conversion of a building or a portion of a building from a commercial use to a residential use.

      (4) Subsections (2) and (3) of this section:

      (a) Prohibit the local government from requiring a zone change or conditional use permit before allowing the use.

      (b) Do not trigger any requirement that a local government consider or update an analysis as required by a statewide planning goal relating to economic development.

      (c) Except as provided in paragraph (d) of this subsection, do not apply on lands where the local government determines that:

      (A) The development on the property cannot be adequately served by water, sewer, storm water drainage or streets, or will not be adequately served at the time that development on the lot is complete;

      (B) The property contains a slope of 25 percent or greater;

      (C) The property is within a 100-year floodplain; or

      (D) The development of the property is constrained by land use regulations based on statewide land use planning goals relating to:

      (i) Natural disasters and hazards; or

      (ii) Natural resources, including air, water, land or natural areas, but not including open spaces or historic resources.

      (d) Do apply to property described in paragraph (c)(C) and (D)(i) of this subsection if more than 60 percent of the lands within the urban growth boundary that the property is within are located within a tsunami inundation zone or if more than 30 percent of the lands within the urban growth boundary that the property is within are located within a 100-year floodplain.

      (5) The development of housing under subsection (2) of this section may occur only:

      (a) Within an urban growth boundary; and

      (b) On lands zoned to allow for industrial uses only if the property is:

      (A) Publicly owned;

      (B) Adjacent to lands zoned for residential uses or schools; and

      (C) Not specifically designated for heavy industrial uses.

      (6) The development of housing under subsection (3) of this section:

      (a) Applies only within an urban growth boundary of a city with a population of 10,000 or greater;

      (b) May not occur on lands zoned to allow industrial uses;

      (c) May require the payment of a system development charge as defined in ORS 223.299 only if:

      (A) The charge is calculated pursuant to a specific adopted policy for commercial to residential conversions adopted on or before December 31, 2023; or

      (B) The charge is for water or wastewater and includes an offset for at least 100 percent of the water or wastewater system development charges paid when the building was originally constructed; and

      (d) May not be subject to enforcement of any land use regulation that establishes a minimum number of parking spaces that is greater than the lesser of:

      (A) The amount that may be required for the existing commercial use; or

      (B) The amount that may be required in lands zoned for residential uses that would allow the converted development.

      (7) The development of housing allowed under subsection (4)(d) of this section may only occur:

      (a) Within an urban growth boundary located no more than 10 miles from the Pacific Ocean;

      (b) In areas that require compliance with minimum federal regulations under the National Flood Insurance Program or with local floodplain development regulations adopted by the applicable local government, provided that the local regulations are equal to or more stringent than the minimum federal regulations;

      (c) In locations that do not include floodways or other areas with higher risks of greater water velocity and debris flow;

      (d) In communities with emergency response, evacuation and post-disaster plans that have been updated for the housing development; and

      (e) In areas that are not public parks.

      (8) A local government may prohibit affordable housing or require a zone change or conditional use permit to develop affordable housing in areas described in subsection (4)(d) of this section.

      (9) A local government shall approve an application at an authorized density level and authorized height level, as defined in ORS 227.175 (4), for the development of affordable housing, at the greater of:

      (a) Any local density bonus for affordable housing; or

      (b) Without consideration of any local density bonus for affordable housing:

      (A) For property with existing maximum density of 16 or fewer units per acre, 200 percent of the existing density and 12 additional feet;

      (B) For property with existing maximum density of 17 or more units per acre and 45 or fewer units per acre, 150 percent of the existing density and 24 additional feet; or

      (C) For property with existing maximum density of 46 or more units per acre, 125 percent of the existing density and 36 additional feet.

      (10)(a) Subsection (9) of this section does not apply to housing allowed under subsection (2) of this section in areas that are not zoned for residential uses.

      (b) A local government may reduce the density or height of the density bonus allowed under subsection (9) of this section as necessary to address a health, safety or habitability issue, including fire safety, or to comply with a protective measure adopted pursuant to a statewide land use planning goal. Notwithstanding ORS 197.350, the local government must adopt findings supported by substantial evidence demonstrating the necessity of this reduction. [Formerly 197.308]

 

      197A.460 Residential use of commercial lands for affordable housing. (1) Notwithstanding an acknowledged comprehensive plan or land use regulations, within an urban growth boundary a local government shall allow, on lands zoned to allow only commercial uses and not industrial uses, the siting and development of:

      (a) Residential structures subject to an affordable housing covenant as provided in ORS 456.270 to 456.295 making each unit affordable to a household with income less than or equal to 60 percent of the area median income as defined in ORS 456.270; or

      (b) Mixed use structures with ground floor commercial units and residential units subject to an affordable housing covenant as provided in ORS 456.270 to 456.295 making the properties affordable to moderate income households, as defined in ORS 456.270.

      (2) The local government may only apply those approval standards, conditions and procedures under ORS 197A.200 and 197A.400, that would be applicable to the residential zone of the local government that is most comparable in density to the allowed commercial uses.

      (3) Development under this section does not:

      (a) Trigger any requirement that a local government consider or update an analysis as required by a statewide planning goal relating to economic development.

      (b) Apply on lands where the local government determines that:

      (A) The development on the property cannot be adequately served by water, sewer, storm water drainage or streets, or will not be adequately served at the time that development on the lot is complete;

      (B) The property contains a slope of 25 percent or greater;

      (C) The property is within a 100-year floodplain; or

      (D) The development of the property is constrained by land use regulations based on statewide land use planning goals relating to:

      (i) Natural disasters and hazards; or

      (ii) Natural resources, including air, water, land or natural areas, but not including open spaces.

      (c) Apply on lands that are vacant or that were added to the urban growth boundary within the last 15 years. [2023 c.223 §2]

 

      197A.465 Local requirements to develop affordable housing. (1) As used in this section:

      (a) “Affordable housing” means housing that is affordable to households with incomes equal to or higher than 80 percent of the median family income for the county in which the housing is built.

      (b) “Multifamily structure” means a structure that contains three or more housing units sharing at least one wall, floor or ceiling surface in common with another unit within the same structure.

      (2) Except as provided in subsection (3) of this section, a metropolitan service district may not adopt a land use regulation or functional plan provision, or impose as a condition for approving a permit under ORS 215.427 or 227.178 a requirement, that has the effect of establishing the sales or rental 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 or rent to a particular class or group of purchasers or renters.

      (3) The provisions of subsection (2) of this section do not limit the authority of a metropolitan service district to:

      (a) Adopt or enforce a use regulation, provision or requirement creating or implementing an incentive, contract commitment, density bonus or other voluntary regulation, provision or requirement designed to increase the supply of moderate or lower cost housing units; or

      (b) Enter into an affordable housing covenant as provided in ORS 456.270 to 456.295.

      (4) Notwithstanding ORS 91.225, a city or county may adopt a land use regulation or functional plan provision, or impose as a condition for approving a permit under ORS 215.427 or 227.178 a requirement, that has the effect of establishing the sales or rental price for a new multifamily structure, or that requires a new multifamily structure to be designated for sale or rent as affordable housing.

      (5) A regulation, provision or requirement adopted or imposed under subsection (4) of this section:

      (a) May not require more than 20 percent of housing units within a multifamily structure to be sold or rented as affordable housing.

      (b) May apply only to multifamily structures containing at least 20 housing units.

      (c) Must provide developers the option to pay an in-lieu fee, in an amount determined by the city or county, in exchange for providing the requisite number of housing units within the multifamily structure to be sold or rented at below-market rates.

      (d) Must require the city or county to offer a developer of multifamily structures, other than a developer that elects to pay an in-lieu fee pursuant to paragraph (c) of this subsection, at least one of the following incentives:

      (A) Whole or partial fee waivers or reductions.

      (B) Whole or partial waivers of system development charges or impact fees set by the city or county.

      (C) Finance-based incentives.

      (D) Full or partial exemption from ad valorem property taxes on the terms described in this subparagraph. For purposes of any statute granting a full or partial exemption from ad valorem property taxes that uses a definition of “low income” to mean income at or below 60 percent of the area median income and for which the multifamily structure is otherwise eligible, the city or county shall allow the multifamily structure of the developer to qualify using a definition of “low income” to mean income at or below 80 percent of the area median income.

      (e) Does not apply to a CCRC, as defined in ORS 101.020, that executes and records a covenant with the applicable city or county in which the CCRC agrees to operate all units within its structure as a CCRC. Units within a CCRC that are offered or converted into residential units that are for sale or rent and are not subject to ORS chapter 101 must comply with regulations, provisions or requirements adopted by the city or county that are consistent with those applicable to a new multifamily structure under subsection (3) or (4) of this section.

      (6) A regulation, provision or requirement adopted or imposed under subsection (4) of this section may offer developers one or more of the following incentives:

      (a) Density adjustments.

      (b) Expedited service for local permitting processes.

      (c) Modification of height, floor area or other site-specific requirements.

      (d) Other incentives as determined by the city or county.

      (7) Subsection (4) of this section does not restrict the authority of a city or county to offer developers voluntary incentives, including incentives to:

      (a) Increase the number of affordable housing units in a development.

      (b) Decrease the sale or rental price of affordable housing units in a development.

      (c) Build affordable housing units that are affordable to households with incomes equal to or lower than 80 percent of the median family income for the county in which the housing is built.

      (8)(a) A city or county that adopts or imposes a regulation, provision or requirement described in subsection (4) of this section may not apply the regulation, provision or requirement to any multifamily structure for which an application for a permit, as defined in ORS 215.402 or 227.160, has been submitted as provided in ORS 215.416 or 227.178 (3), or, if such a permit is not required, a building permit application has been submitted to the city or county prior to the effective date of the regulation, provision or requirement.

      (b) If a multifamily structure described in paragraph (a) of this subsection has not been completed within the period required by the permit issued by the city or county, the developer of the multifamily structure shall resubmit an application for a permit, as defined in ORS 215.402 or 227.160, as provided in ORS 215.416 or 227.178 (3), or, if such a permit is not required, a building permit application under the regulation, provision or requirement adopted by the city or county under subsection (4) of this section.

      (9)(a) A city or county that adopts or imposes a regulation, provision or requirement under subsection (4) of this section shall adopt and apply only clear and objective standards, conditions and procedures regulating the development of affordable housing units within its jurisdiction. The standards, conditions and procedures may not have the effect, either individually or cumulatively, of discouraging development of affordable housing units through unreasonable cost or delay.

      (b) Paragraph (a) of this subsection does not apply to:

      (A) An application or permit for residential development in an area identified in a formally adopted central city plan, or a regional center as defined by Metro, in a city with a population of 500,000 or more.

      (B) An application or permit for residential development in historic areas designated for protection under a land use planning goal protecting historic areas.

      (c) In addition to an approval process for affordable housing based on clear and objective standards, conditions and procedures as provided in paragraph (a) of this subsection, a city or county may adopt and apply an alternative approval process for applications and permits for residential development based on approval criteria regulating, in whole or in part, appearance or aesthetics that are not clear and objective if:

      (A) The developer retains the option of proceeding under the approval process that meets the requirements of paragraph (a) of this subsection;

      (B) The approval criteria for the alternative approval process comply with applicable statewide land use planning goals and rules; and

      (C) The approval criteria for the alternative approval process authorize a density at or above the density level authorized in the zone under the approval process provided in paragraph (a) of this subsection.

      (10) If a regulation, provision or requirement adopted or imposed by a city or county under subsection (4) of this section requires that a percentage of housing units in a new multifamily structure be designated as affordable housing, any incentives offered under subsection (5)(d) or (6) of this section shall be related in a manner determined by the city or county to the required percentage of affordable housing units. [Formerly 197.309]

 

      197A.470 Final action on affordable housing application; affordable housing developed by religious corporation. (1) As used in this section:

      (a) “Affordable housing” means housing that is affordable to households with incomes equal to or less than 60 percent of the median family income for the county in which the development is built or for the state, whichever is greater, that is subject to an affordable housing covenant, as provided in ORS 456.270 to 456.295, that maintains the affordability for a period of not less than 60 years from the date of the certificate of occupancy.

      (b) “Multifamily residential building” means a building in which three or more residential units each have space for eating, living and sleeping and permanent provisions for cooking and sanitation.

      (2) Notwithstanding ORS 215.427 (1) or 227.178 (1), a city with a population greater than 5,000 or a county with a population greater than 25,000 shall take final action on an application qualifying under subsection (3) of this section, including resolution of all local appeals under ORS 215.422 or 227.180, within 100 days after the application is deemed complete.

      (3) An application qualifies for final action within the timeline described in subsection (2) of this section if:

      (a) The application is submitted to the city or the county under ORS 215.416 or 227.175;

      (b) The application is for development of a multifamily residential building containing five or more residential units within the urban growth boundary; and

      (c) At least 50 percent of the residential units included in the development will be sold or rented as affordable housing.

      (4) A city or a county shall take final action within the time allowed under ORS 215.427 or 227.178 on any application for a permit, limited land use decision or zone change that does not qualify for review and decision under subsection (3) of this section, including resolution of all appeals under ORS 215.422 or 227.180, as provided by ORS 215.427 and 215.435 or by ORS 227.178 and 227.181.

      (5) With respect to property within an urban growth boundary owned by a nonprofit corporation organized as a religious corporation, a local government:

      (a) May apply only restrictions or conditions of approval to the development of affordable housing that are, notwithstanding ORS 197A.400 (2) or statewide land use planning goals relating to protections for historic areas:

      (A) Clear and objective as described in ORS 197A.400 (1); or

      (B) Discretionary standards related to health, safety, habitability or infrastructure.

      (b) Shall approve the development of affordable housing on property not zoned for housing if:

      (A) The property is not zoned for industrial uses; and

      (B) The property is contiguous to property zoned to allow residential uses.

      (6) Affordable housing allowed under subsection (5)(b) of this section may be subject only to the restrictions applicable to the contiguously zoned residential property as limited by subsection (5)(a) of this section and without requiring that the property be rezoned for residential uses. If there is more than one contiguous residential property, the zoning of the property with the greatest density applies. [Formerly 197.311]

 

      Note: 197A.470 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.

 

SOUTHWEST CORRIDOR MAX LIGHT RAIL PROJECT

 

      197A.500 Definitions for ORS 197A.500 to 197A.521. As used in ORS 197A.500 to 197A.521, unless the context requires otherwise:

      (1) “Affected local governments” means the cities and the counties within which the project improvements will be located.

      (2) “Criteria” means the land use criteria established by the Land Conservation and Development Commission as provided in ORS 197A.505.

      (3) “Development approval” means approval of a proposed development of land based on discretionary standards designed to regulate the physical characteristics of a use permitted outright, including but not limited to site review and design review.

      (4) “Draft Statement” means the Draft Environmental Impact Statement for the project, as may be amended from time to time, and any supplementary assessments or statements prepared pursuant to regulations implementing the National Environmental Policy Act, 42 U.S.C. 4321 et seq.

      (5) “Final Statement” means the Environmental Impact Statement for the project, as may be amended from time to time, or any supplementary assessments or statements, prepared pursuant to regulations implementing the National Environmental Policy Act, 42 U.S.C. 4321 et seq.

      (6) “Full Funding Grant Agreement” means the contractual agreement entered into between the federal government and the local grant recipient establishing the maximum federal financing contribution for construction of the project and setting forth terms, conditions and limitations for federal financing of the project.

      (7) “Highway improvements” means improvements to the highway, street and other ancillary facilities for the project and improvements related to construction or operation of the project. As used in this subsection:

      (a) “Ancillary facilities” includes retaining walls, bridges, signals, electrification equipment, lighting equipment, staging areas, facilities for bus or rail travel, stormwater facilities, wetland mitigation facilities and facilities designed for vehicle, pedestrian and bicycle traffic.

      (b) “Improvement” includes any development or alteration to land related to the project.

      (8) “Land use final order” means a written order or orders of the Metro Council deciding the project improvements for the project, including their locations.

      (9) “Light rail route” means the light rail alignment selected from among light rail alignment alternatives described in a Draft Statement or Final Statement to be included in the project.

      (10) “Locally Preferred Alternative Report” means a decision adopted in accordance with federal requirements determining or amending an earlier decision whether or not to build the Southwest Corridor MAX Light Rail Project and, if the decision adopted is to build, recommending the project improvements, including their locations, to be included in the Southwest Corridor MAX Light Rail Project.

      (11) “Locations” means the boundaries within which the project improvements will be located.

      (12) “Measures” includes any mitigation measures, design features or other amenities or improvements associated with the project.

      (13) “Metro Council” means the elected governing body of Metro.

      (14) “Project” means the portion of the Southwest Corridor MAX Light Rail Project within Metro’s urban growth boundary. “Project” includes:

      (a) All project improvements described in the Locally Preferred Alternative Report, as may be amended from time to time by a Draft Statement, Final Statement, Full Funding Grant Agreement or similar document for the Southwest Corridor MAX Light Rail Project; and

      (b) All phases and extensions of the Southwest Corridor MAX Light Rail Project as described in a Locally Preferred Alternative Report, Draft Statement, Final Statement, Full Funding Grant Agreement or similar document.

      (15) “Project improvements” means the light rail route, stations, lots and maintenance facilities and the highway improvements related to the project as described in the Locally Preferred Alternative Report, as may be amended from time to time by a Draft Statement, Final Statement, Full Funding Grant Agreement or similar document for the Southwest Corridor MAX Light Rail Project.

      (16) “Stations, lots and maintenance facilities” means the light rail stations, light rail park-and-ride lots and light rail vehicle maintenance facilities to be selected from among alternatives described in a Draft Statement, Final Statement or similar document to be included in the project.

      (17) “TriMet” means the Tri-County Metropolitan Transportation District of Oregon, a mass transit district created under ORS chapter 267. [2017 c.714 §1]

 

      Note: 197A.500 to 197A.521 were enacted into law by the Legislative Assembly but were 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.

 

      197A.502 Legislative findings; equivalency of project procedures and requirements to certain land use procedures; construe liberally. (1) The Legislative Assembly finds that there is a compelling state interest in obtaining maximum federal funding for the Southwest Corridor MAX Light Rail Project in order to:

      (a) Enhance the statewide transportation network;

      (b) Ensure the viability of the transportation system planned for the Portland metropolitan area;

      (c) Complete construction of the project in a timely and cost-effective manner;

      (d) Implement a significant portion of the Legislative Assembly’s air quality and energy efficiency strategies for the area; and

      (e) Ensure that affected local governments will be able to implement significant parts of their comprehensive plans.

      (2) The Legislative Assembly further finds that, to maximize the ability of this state and the Portland metropolitan area to obtain the highest available level of federal funding for the Southwest Corridor MAX Light Rail Project, it is necessary to establish:

      (a) A process to be used to establish criteria, make decisions and adopt a land use final order related to the light rail route and other project improvements to be included in the Southwest Corridor MAX Light Rail Project, including their locations;

      (b) An expedited process for appellate review of a land use final order; and

      (c) An exclusive process for appellate review.

      (3) The Legislative Assembly further finds that residents of neighborhoods within TriMet affected by land use decisions, limited land use decisions or land divisions resulting from the siting, construction or operation of any light rail route or other project improvements, either as individuals or through their neighborhood associations, shall have the opportunity to participate in those decisions and divisions.

      (4) The Legislative Assembly deems the procedures and requirements provided for in ORS 197A.500 to 197A.521, under the unique circumstances of the Southwest Corridor MAX Light Rail Project, to be equivalent in spirit and substance to the land use procedures that otherwise would be applicable.

      (5) ORS 197A.500 to 197A.521 shall be liberally construed to address the findings enumerated in subsection (1) of this section. [2017 c.714 §2]

 

      Note: See note under 197A.500.

 

      197A.503 Preemptive effect of ORS 197A.500 to 197A.521. Notwithstanding ORS chapters 183, 192, 195, 197, 197A, 215 and 227 or any other provision of law, the procedures and requirements provided for in ORS 197A.500 to 197A.521 expressly preempt any vote requirements imposed by the charter of a local government and are the only land use procedures and requirements to which land use decisions and land use approvals of any kind related to the construction or operation of the project shall be subject. [2017 c.714 §3]

 

      Note: See note under 197A.500.

 

      197A.505 Establishment of criteria for decisions in land use final order. (1) The Land Conservation and Development Commission shall establish criteria, according to the procedure described in this section, to be used by the Metro Council to make decisions in a land use final order on the project improvements for the project, including their locations.

      (2) The commission shall hold a public hearing on the criteria to be established by the commission.

      (3) The commission shall publish notice of a public hearing on criteria to be established by the commission in a newspaper of general circulation within the Portland metropolitan area at least 20 days prior to the public hearing. The notice shall state:

      (a) The general subject matter of the hearing and the date, time and place of the hearing;

      (b) That any criteria to be proposed to the commission must be filed at the Salem office of the Department of Land Conservation and Development at least 10 days prior to commencement of the hearing and will be available for public inspection following filing;

      (c) That notice of adoption of an order establishing criteria will be provided only to persons who provide oral or written testimony at the hearing and who also provide, in writing, a request for written notice and a mailing address to which notice shall be sent;

      (d) That persons whose names appear on petitions submitted into the public hearing record will not be considered by that action to have provided oral or written testimony at the hearing;

      (e) That failure by a person to raise an issue at the hearing in person or in writing, or failure to provide sufficient specificity to afford the commission an opportunity to respond to the issue raised, shall preclude appeal by that person on that issue; and

      (f) That appeals from an order establishing criteria must be filed within seven days following the date written notice of the order is mailed to the persons described in subsection (9)(b) of this section.

      (4) The commission may provide additional notice as it deems appropriate to inform interested persons of the public hearing.

      (5) A copy of the staff report, if any, must be made available for public inspection at least four days prior to the public hearing.

      (6) At the commencement of the hearing, a statement shall be made to those in attendance that:

      (a) Identifies the general subject matter of the hearing;

      (b) Submittal of proposed criteria at the hearing will not be accepted unless the proposed criteria were filed at the Salem office of the department at least 10 days prior to the commencement of the hearing;

      (c) Failure by a person to raise an issue at the hearing in person or in writing, or failure to raise an issue with sufficient specificity to afford the commission an opportunity to respond to the issue raised, shall preclude appeal by that person on that issue;

      (d) Notice of adoption of an order establishing criteria will be provided only to persons who provide oral or written testimony at the hearing and who also provide a written request for notice and a mailing address to which notice shall be sent;

      (e) Persons whose names appear on petitions submitted into the public hearing record will not be considered by that action to have provided oral or written testimony at the hearing; and

      (f) Appeals from an order establishing criteria must be filed within seven days following the date written notice of the order is mailed.

      (7)(a) The commission shall allow for the submission of oral and written testimony at the hearing, subject to any hearing procedures that the commission deems necessary.

      (b) The commission may exclude irrelevant, immaterial or unduly repetitious testimony.

      (c) The commission may allow only the submission of proposed criteria at the hearing that were filed at the Salem office of the Department of Land Conservation and Development at least 10 days prior to the commencement of the hearing.

      (d) The commission shall designate an individual to take minutes of the hearing.

      (8)(a) Within 14 days following commencement of the hearing, the commission shall close the hearing.

      (b) The commission shall consider all statewide planning goals and plan policies that are relevant to decisions regarding the project improvements and their locations in establishing the criteria.

      (c) The commission shall adopt an order establishing the criteria. The commission’s order must include a brief statement explaining how the criteria established reasonably reflect the statewide land use planning goals and plan policies that are relevant to decisions regarding the project improvements and their locations.

      (9) As soon as reasonably practicable following establishment of the criteria, the commission shall:

      (a) Make copies of the order and the criteria available for public inspection at both the Salem and Portland offices of the Department of Land Conservation and Development; and

      (b) Provide notice of the order and the criteria to:

      (A) The Metro Council;

      (B) TriMet;

      (C) The Department of Transportation;

      (D) Each affected local government; and

      (E) Any person who provided oral or written testimony at the hearing and who also provided a written request for notice and a mailing address to which notice shall be sent. [2017 c.714 §4]

 

      Note: See note under 197A.500.

 

      197A.507 Procedure for review of established criteria. (1) Notwithstanding ORS 183.400, 183.482, 183.484, 197.825 or any other law or regulation, exclusive jurisdiction to review a Land Conservation and Development Commission order establishing criteria under ORS 197A.505 is conferred on the Supreme Court.

      (2) Proceedings for review of an order by the commission shall be initiated when any person who is adversely affected by the order files a petition for judicial review with the State Court Administrator. The petition must:

      (a) Be filed within seven days following the date of the written notice of the order;

      (b) State the nature of the order and the manner in which the commission rejected the position raised by the petitioner before the commission; and

      (c) Contain an affidavit stating facts that show how the petitioner is adversely affected by the order.

      (3) The petitioner shall personally deliver copies of the petition for judicial review to:

      (a) The commission, at the Salem office of the Department of Land Conservation and Development;

      (b) The Salem office of the Department of Transportation;

      (c) The Attorney General;

      (d) The Metro Council, at the office of Metro’s executive officer;

      (e) TriMet, at the office of TriMet’s general manager; and

      (f) Each affected local government.

      (4) Within seven days following filing of the petition for judicial review, the commission shall personally deliver or electronically submit to the State Court Administrator a certified copy of the record of the criteria proceedings. The record shall include only:

      (a) The published notice of public hearing;

      (b) The proposed criteria submitted as described in ORS 197A.505 (6)(b) and by written testimony submitted to the commission at the hearing;

      (c) Any written report received by the commission from the Department of Land Conservation and Development at the hearing;

      (d) Minutes of the hearing;

      (e) The order establishing the criteria; and

      (f) Proof of mailing to persons entitled to written notice of the order and the criteria under ORS 197A.505 (9)(b).

      (5) Within 14 days following the filing of the petition for judicial review, the petitioner shall file a petitioner’s brief with the State Court Administrator. The brief must comply with the specifications for opening briefs set forth in the rules of appellate procedure. The petitioner shall personally deliver a copy of the brief to:

      (a) The Attorney General;

      (b) The Metro Council, at the office of Metro’s executive officer;

      (c) TriMet, at the office of TriMet’s general manager; and

      (d) Each affected local government.

      (6) The court shall consider the petitioner to be adversely affected if:

      (a) The petitioner provided oral or written testimony at the hearing; and

      (b) The petitioner proposed criteria in the manner described in ORS 197A.505 (6)(b) that the commission rejected in its order or the petitioner, in the petitioner’s testimony at the hearing, opposed the criteria that the commission established in its order.

      (7) Within 28 days following the filing of the petition for judicial review, an answering brief complying with the rules of appellate procedure may be filed by any of the following:

      (a) The commission;

      (b) Metro, unless Metro is the petitioner;

      (c) TriMet, unless TriMet is the petitioner;

      (d) The Department of Transportation, unless the Department of Transportation is the petitioner; or

      (e) Any affected local government, unless the local government is the petitioner.

      (8) The court shall decide the matter at its earliest practicable convenience, consistent with ORS 197A.500 to 197A.521. The court may decide the matter on the briefs or it may hold oral arguments.

      (9)(a) The court may reverse or remand the order only if the court finds that the order:

      (A) Violates constitutional provisions;

      (B) Exceeds the statutory authority of the commission; or

      (C) Was adopted by the commission without substantial compliance with the procedures in ORS 197A.505 or in a manner that prejudiced the substantial rights of the petitioner.

      (b) Failure of the commission to notify a person entitled to written notice under ORS 197A.505 (9)(b) is not grounds for reversal or remand if the commission provides evidence of mailing the notice to that person.

      (c) The court may not substitute its judgment for that of the commission as to any issue of fact or as to any issue within the discretion of the commission.

      (10) The court may not stay any action by the Metro Council under ORS 197A.500 to 197A.521 pending the court’s review under this section. [2017 c.714 §5]

 

      Note: See note under 197A.500.

 

      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. (1)(a) On or before the date the Land Conservation and Development Commission adopts the order establishing the criteria under ORS 197A.505, Metro shall establish a steering committee, the initial membership of which shall include a representative from each of the following:

      (A) Metro;

      (B) TriMet;

      (C) The Department of Transportation; and

      (D) Each affected local government.

      (b) The membership of the steering committee shall, at all times, include at least the members described in paragraph (a) of this subsection. The steering committee may approve additional members by majority vote.

      (c) Metro shall staff the steering committee until the adoption of the initial land use final order for the project.

      (2)(a) The steering committee shall issue recommendations for the siting of the light rail route and other project improvements and their locations to TriMet.

      (b) TriMet shall apply to the Metro Council for a land use final order approving the project improvements and their locations. The applied for locations must provide sufficient boundaries to accommodate adjustments to the specific placements of the project improvements for which need commonly arises upon the development of more detailed environmental or engineering data following approval of a Full Funding Grant Agreement.

      (3) The council shall apply the criteria established by the Land Conservation and Development Commission under ORS 197A.505 when making decisions in a land use final order on the applied for project improvements, including their locations. The council shall follow the procedures described in this section when adopting a land use final order.

      (4) The council shall hold a public hearing on the project improvements, including their locations, for which decisions will be made in the land use final order.

      (5)(a) At least 14 days prior to the hearing, the council shall publish notice of a public hearing on the project improvements, including their locations, in a newspaper of general circulation within Metro’s jurisdictional area. The notice shall state:

      (A) The general subject matter of the hearing and all matters scheduled for consideration at the hearing;

      (B) The date, time and place of the hearing;

      (C) The street address where a staff report and the criteria may be found;

      (D) That failure by a person to raise an issue at the hearing in person or in writing, or failure to provide sufficient specificity to afford the council an opportunity to respond to the issue raised, shall preclude appeal by that person to the Land Use Board of Appeals based on that issue;

      (E) That persons whose names appear on petitions submitted into the public hearing record will not be considered by that action to have provided oral or written testimony at the hearing;

      (F) That notice of adoption of the land use final order will be provided only to persons who provide oral or written testimony at the hearing and who also provide a written request for notice and a mailing address to which notice shall be sent; and

      (G) That appeals from decisions in a land use final order must be filed within 14 days following the date the land use final order is reduced to writing and bears the necessary signatures.

      (b) The council also shall provide such other notice as the council deems necessary to give notice to persons who may be substantially affected by its decision. No other form of notice is required.

      (6)(a) At least seven days prior to the hearing, the council shall make a copy of the staff report available for public inspection. The staff report shall:

      (A) Set forth the criteria established under ORS 197A.505;

      (B) Include a description of the proposed boundaries within which the project improvements will be located, as applied for by TriMet under subsection (2) of this section; and

      (C) Address how the proposed boundaries comply with the criteria.

      (b) Without providing additional notice, the council may amend the staff report prior to the hearing as the staff considers necessary or desirable.

      (7) At the commencement of the hearing, a statement shall be made to those in attendance that:

      (a) Lists the criteria or directs those present to a place at the hearing location where any person may obtain a list of the criteria at no cost;

      (b) Lists generally the project improvements, including their locations, for which decisions will be made in the land use final order;

      (c) Testimony shall be directed toward the application of the criteria to the project improvements, including their locations, to which decisions will be made in the land use final order;

      (d) Failure by a person to raise an issue at the hearing, in person or in writing, or failure to raise an issue with sufficient specificity to afford the council an opportunity to respond to the issue raised, shall preclude appeal by that person to the board based on that issue;

      (e) Persons whose names appear on petitions submitted into the public hearing record will not be considered by that action to have provided oral or written testimony at the hearing;

      (f) Notice of adoption of the land use final order will be provided only to the affected local governments and to the persons who have provided oral or written testimony at the hearing and who also have provided a written request for notice and a mailing address to which notice shall be sent; and

      (g) Appeals from decisions in a land use final order on the project improvements, including their locations, must be filed within 14 days following the date the land use final order is reduced to writing and bears the necessary signatures.

      (8)(a) The council shall allow for the submission of oral and written testimony at the hearing, subject to any hearing procedures the council deems necessary or appropriate for the adoption of a land use final order.

      (b) The council may exclude irrelevant, immaterial or unduly repetitious testimony.

      (9) The council may take official notice at the hearing of any matter identified in ORS 40.065 and 40.090 or as authorized by resolution of the council establishing hearing procedures for the adoption of land use final orders.

      (10) The council is not required to provide any opportunities in addition to those described in this section for interested persons to participate in the proceedings of the council in adopting a land use final order. The council may establish by resolution additional procedures to govern its proceedings in adopting a land use final order, subject to the provisions of this section.

      (11) The council shall close the hearing and shall adopt a land use final order by resolution or continue the matter as provided in ORS 197A.511 (1) or as the council otherwise considers necessary for the purpose of adopting a land use final order. [2017 c.714 §6]

 

      Note: See note under 197A.500.

 

      197A.511 Land use final order; notice. (1)(a) Following a public hearing as provided in ORS 197A.509, the Metro Council shall either:

      (A) Adopt a land use final order establishing the project improvements and locations applied for by TriMet; or

      (B) Continue the public hearing and refer the proposed project improvements and locations back to TriMet for further review.

      (b) If the council refers the proposed locations back to TriMet for further review, TriMet shall consider amendments to its proposed project improvements and locations and forward the amended application to the council for hearing and adoption as described in this subsection.

      (2)(a) The council shall adopt a land use final order establishing the project improvements, including their locations, as provided in this section and ORS 197A.509.

      (b) The council shall include with the land use final order a statement of findings demonstrating how the decisions on the project improvements, including their locations, comply with the criteria.

      (c) Following adoption of a land use final order, the council as soon as reasonably practicable shall:

      (A) Publish notice of the adoption in a newspaper of general circulation within Metro’s jurisdictional area;

      (B) Provide notice of the adoption to each affected local government; and

      (C) Provide notice of the adoption to persons who:

      (i) Provided oral or written testimony at the hearing; and

      (ii) Provided at the hearing a written request for notice and a mailing address to which written notice shall be sent. Persons whose names appear on petitions submitted into the public hearing record are not considered by that action to have provided oral or written testimony at the hearing.

      (3) The notice of adoption required under subsection (2) of this section shall:

      (a) Include the date of adoption of the land use final order;

      (b) Identify the place at and time during which a copy of the land use final order may be obtained; and

      (c) State that appeals from decisions in the land use final order must be filed within 14 days following adoption of the land use final order.

      (4) Upon adoption of the initial land use final order, TriMet shall staff the steering committee until the completion of the Southwest Corridor MAX Light Rail Project.

      (5) A land use final order issued under this section and ORS 197A.509 is effective upon adoption.

      (6) An amended land use final order or a new land use final order adopted in accordance with the process provided for in this section is required for:

      (a) Any siting of a project improvement outside the locations established in the land use final order; or

      (b) Any new project improvement. [2017 c.714 §7]

 

      Note: See note under 197A.500.

 

      197A.513 Plan amendments; approvals; petition for writ of mandamus. (1) The state, Metro, all affected local governments and any affected special districts and political subdivisions shall:

      (a) Amend their comprehensive, functional or regional framework plans, including public facility plans, transportation system plans and all applicable land use regulations, as necessary to be consistent with a land use final order adopted under ORS 197A.509 and 197A.511; and

      (b) Issue the appropriate development approval, permit, license, certificate or other approval necessary for the construction of the project or project improvements to implement a land use final order as necessary to avoid significantly delaying the completion or implementation of the project. Development approvals, permits, licenses, certificates or other approvals may be subject only to reasonable and necessary conditions of approval but those conditions may not, by themselves or cumulatively, prevent implementation of a land use final order.

      (2) For the purposes of subsection (1)(b) of this section:

      (a) An approval condition is not reasonable or necessary, or is considered to prevent implementation of a land use final order, if the approval condition applies to a measure, improvement or development that:

      (A) Is not included in the scope of the project in the Full Funding Grant Agreement;

      (B) Does not qualify for federal New Starts funding pursuant to 49 U.S.C. 5309;

      (C) Is not physically and functionally necessary for the project; or

      (D) The steering committee established under ORS 197A.509 has determined:

      (i) To be infeasible using the federal, state and local funds within the project budget;

      (ii) Will significantly delay the completion or otherwise prevent the timely implementation of the project; or

      (iii) Will have a significant negative impact on the operations of the project.

      (b) In the event that a land use approval is delayed causing significant delay of the completion or implementation of the project, TriMet may pursue any remedy available in law or equity. Not less than 10 days prior to commencing an action for relief under this section, TriMet shall provide written notice to each local government to which TriMet submitted an application for a land use decision relating to the project.

      (3)(a) If the state, Metro or an affected local government, special district or political subdivision does not take final action on an application for a development approval, permit, license, certificate or other approval as required under subsection (1) of this section, TriMet may file a petition for a writ of mandamus according to the procedures for cities described in ORS 227.179.

      (b) Notwithstanding ORS 227.179 (5), the court shall issue a peremptory writ unless the governing body or any intervenor shows that the approval would violate the criteria adopted by the Land Conservation and Development Commission under ORS 197A.505.

      (4) Each affected local government, special district or political subdivision that issues a development approval, permit, license, certificate or other approval for the project under subsection (1)(b) of this section shall continue to exercise enforcement authority over the development approval, permit, license, certificate or other approval.

      (5) An amendment to the plan or a land use regulation required under subsection (1)(a) of this section is not subject to review by any court or agency.

      (6)(a) Development approvals issued under subsection (1)(b) of this section shall be treated as land use decisions, but not as limited land use decisions.

      (b) Development approvals, permits, licenses, certificates and other approvals issued under subsection (1)(b) of this section may be the subject of administrative and judicial review as provided by law.

      (7) Steering committee determinations made under subsection (2)(a)(D) of this section shall control in the event of a conflict and are not subject to review. [2017 c.714 §8]

 

      Note: See note under 197A.500.

 

      197A.515 Land Use Board of Appeals review of land use final order. (1) Notwithstanding ORS 183.482, 183.484 or 197.825 and as provided by ORS 197A.500 to 197A.521, the Land Use Board of Appeals and the Supreme Court have exclusive jurisdiction for review of a land use final order adopted under ORS 197A.511 relating to the project.

      (2) Proceedings for review of a land use final order shall be initiated with the Land Use Board of Appeals when any person with standing petitions for review under subsection (3) of this section.

      (3) The board shall consider a person to have standing if the person:

      (a) Appeared before the Metro Council orally or in writing at the hearing described in ORS 197A.509 on the project; and

      (b) Personally delivered a notice of intent to appeal the land use final order as described by subsection (5) of this section within 14 days following the adoption of the land use final order as described in ORS 197A.509 (11).

      (4) A person’s failure to raise an issue at the land use final order hearing, in person or in writing, or failure to raise an issue with sufficient specificity to afford the council an opportunity to respond to the issue raised, shall preclude that person from petitioning for review based on that issue.

      (5)(a) A notice of intent to appeal shall:

      (A) Contain an affidavit stating the facts that support the petitioner’s standing as required by subsection (3) of this section;

      (B) State with particularity the grounds on which the petitioner assigns error; and

      (C) State the residence or business address of the petitioner to which documents may be delivered and the telephone number where the petitioner may be reached during normal business hours.

      (b) The petitioner shall personally deliver copies of the notice of intent to appeal to:

      (A) The board;

      (B) Metro, at the office of Metro’s executive officer; and

      (C) Each affected local government.

      (6) Only the following persons may intervene in and thereby be made a party to the review proceedings:

      (a) The board;

      (b) Metro;

      (c) TriMet;

      (d) The Department of Transportation; and

      (e) Any affected local government.

      (7)(a) Within seven days following delivery of a notice of intent to appeal as required by subsection (5) of this section, Metro shall personally deliver a certified copy of the record of the council’s land use final order proceedings to the board. The record shall consist of:

      (A) The land use final order;

      (B) The statement of findings included with the land use final order;

      (C) The notice of public hearing on the land use final order;

      (D) Audio recordings of the hearing, if any;

      (E) A statement of matters that were officially noticed at the hearing;

      (F) The staff report and any amendments thereto; and

      (G) All documents accepted into the public hearing record.

      (b) Metro shall make available a copy of the record for inspection by petitioners, and shall provide a copy of the record to any petitioner upon request. Metro may not charge a petitioner an amount greater than the actual copying costs for a copy of the record.

      (8)(a) Within four days following delivery of the record to the board, a petitioner may object to the record by personal delivery to the board and the residence or business addresses of the intervening parties.

      (b) Within four days following delivery of the objections to the record, Metro shall respond to the objections by personal delivery to the board and the residence or business addresses of the petitioners objecting.

      (c) After delivery of the objections and the response, the board shall rule expeditiously on the objections. The board’s ruling on the objections does not affect the briefing schedule or decision timelines set forth in ORS 197A.500 to 197A.521.

      (9) Stays or continuances of proceedings are not permitted for the proceedings described in this section.

      (10)(a) Within 14 days following the filing of the notice of intent to appeal, a petitioner shall personally deliver a petition for review and brief to each entity listed in subsection (6) of this section that has filed a motion to intervene on the entity’s own behalf in the review proceedings.

      (b) The petition for review and brief shall:

      (A) Set out in detail each assignment of error; and

      (B) Identify those portions of the record in which the petitioner raised the issues as to which error is assigned during the land use final order hearing.

      (c) The petition for review and brief shall comply with the specifications for opening briefs set forth in the rules of appellate procedure.

      (11)(a) Within 28 days following the filing of the notice of intent to appeal, Metro and any intervening party shall personally deliver their briefs in response to a petition for review and brief to the board and to any petitioner at the petitioner’s residence or business address.

      (b) Responding briefs shall comply with the specifications for answering briefs set forth in the rules of appellate procedure.

      (12)(a) Within 35 days following the filing of the notice of intent to appeal, the board shall hear oral argument in the manner provided for in its administrative rules.

      (b) Neither the board nor the court may substitute its judgment for that of the council as to any issue of fact or any issue within the discretion of the council.

      (13)(a) Within 28 days following oral argument, the board shall issue a final opinion affirming or remanding the council’s land use final order and stating the reasons for the decision.

      (b) The board may remand the land use final order only if the board finds that the council:

      (A) Improperly construed the criteria;

      (B) Exceeded its statutory or constitutional authority; or

      (C) Made a decision in the land use final order on the project improvements, including their locations, that was not supported by substantial evidence in the record.

      (c) The existence in the record of substantial evidence supporting a different decision on the project improvements, including their locations, is not grounds for remand if there was also substantial evidence in the record supporting the land use final order.

      (d) Failure to comply with statutory procedures, including notice requirements, is not grounds for invalidating a land use final order.

      (e) The board shall affirm all portions of the land use final order that it does not remand.

      (14) Upon issuance of its final opinion under subsection (13) of this section, the board shall:

      (a) Transmit copies of the final opinion to the parties; and

      (b) Inform the parties of the filing of the final opinion by telephone.

      (15) Within seven days following issuance of its final opinion, the board shall personally deliver or electronically submit a copy of the record of the board with the State Court Administrator. [2017 c.714 §9]

 

      Note: See note under 197A.500.

 

      197A.517 Supreme Court review of Land Use Board of Appeals opinion on land use final order. (1)(a) Review of the final opinion of the Land Use Board of Appeals shall be initiated when any person that appeared before the Land Use Board of Appeals under ORS 197A.515 petitions the Supreme Court to review the board’s final opinion as provided in this section.

      (b) Within 14 days following the board’s issuance of its final opinion, the petitioner shall file a petition for judicial review and a brief with the State Court Administrator and serve copies of the petition and the brief on the board and all parties.

      (c) The petition must state a request for relief and include a copy of the board’s final opinion. The brief must state, with particularity and supporting authority, each reason asserted for remand of the board’s final opinion.

      (d) Upon request by the court, the board shall personally deliver or electronically submit a transcript of the board’s record.

      (2)(a) Within 14 days after the petition filing date, any other person that appeared before the board may, but need not, file a response in the form of a brief to the petition and brief with the State Court Administrator and shall serve the response on the board and all parties.

      (b) In the absence of a response, the court shall consider a person’s brief before the board to be the person’s response.

      (3) The court shall decide the matter at its earliest practicable convenience, consistent with ORS 197A.500 to 197A.521. The court shall apply the standards for review set forth in ORS 197A.515.

      (4)(a) The court may decide the matter on the briefs or hold oral argument.

      (b) The court may affirm or remand the land use final order, in whole or in part. The court shall affirm all parts of the land use final order that it does not remand.

      (5)(a) If the court affirms, the court may adopt the board’s final opinion, affirm without opinion or issue a separate opinion.

      (b) If the court remands, the Metro Council shall:

      (A) Respond as to those matters remanded by adopting by resolution a land use final order on remand according to the provisions of ORS 197A.509 and 197A.511;

      (B) Immediately file the land use final order on remand and the record of the council with the State Court Administrator;

      (C) Personally deliver copies of its land use final order on remand to the parties before the court; and

      (D) Inform the parties by telephone of the filing of the land use final order on remand.

      (6) The court shall retain jurisdiction over any matters remanded.

      (7) Within 14 days following adoption of a land use final order on remand, the parties before the court may submit briefs to the court in response to the land use final order on remand. Parties that submit briefs shall personally deliver copies of the briefs to other parties before the court. The court may limit the length of briefs submitted under this subsection.

      (8) The court shall affirm or remand the land use final order on remand according to the standards for review set forth in ORS 197A.515. [2017 c.714 §10]

 

      Note: See note under 197A.500.

 

      197A.519 Amendments to land use final order. (1) Following execution of a Full Funding Grant Agreement, the Metro Council shall amend the land use final order to be consistent with the terms and conditions of the Full Funding Grant Agreement.

      (2) The council shall remove, modify or defer one or more project improvements or measures if:

      (a) The federal government requires the removal, modification or deferral of portions of the approved project, or the removal, modification or deferral of measures is expressly provided for in a Final Statement as a condition of executing a Full Funding Grant Agreement; or

      (b) Subsequent to execution of a Full Funding Grant Agreement, the steering committee determines that additional removals, modifications or deferrals are appropriate due to insufficient funds in the budget for the project.

      (3) The following amendments to a land use final order are not subject to review by any court or agency:

      (a) Amendments resulting from adoption of a Final Statement;

      (b) Amendments required to ensure consistency with an executed Full Funding Grant Agreement; and

      (c) Amendments to remove, modify or defer a portion of the project as provided for in subsection (2) of this section. [2017 c.714 §11]

 

      Note: See note under 197A.500.

 

      197A.521 Failure to meet timeline. An action taken by the Land Conservation and Development Commission, the Metro Council, the Land Use Board of Appeals or the Supreme Court under ORS 197A.500 to 197A.521 is not invalid due to a failure to meet a timeline established under ORS 197A.500 to 197A.521. [2017 c.714 §12]

 

      Note: See note under 197A.500.

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