ORS Chapter 195
Chapter 195 — LocalGovernment Planning Coordination
2009 EDITION
LOCALGOVERNMENT PLANNING COORDINATION
MISCELLANEOUSMATTERS
COORDINATIONAGREEMENTS
(AgreementsGenerally)
195.020 Specialdistrict planning responsibilities; agreements with local governments andMetropolitan Service District
195.025 Regionalcoordination of planning activities; alternatives
195.034 Alternatepopulation forecast
195.036 Areapopulation forecast; coordination
195.040 Annualcounty reports on comprehensive planning compliance
(UrbanService Agreements)
195.060 Definitions
195.065 Agreementsrequired; contents; county responsibilities
195.070 Agreementfactors
195.075 Agreementprovisions and considerations
195.080 Applicationof comprehensive plans and land use regulations
195.085 Compliancedeadlines
(SchoolFacility Planning)
195.110 Schoolfacility plan for large school districts
195.115 Reducingbarriers for pedestrian and bicycle access to schools
PARKS
195.120 Rulesand planning goal amendments for parks required; allowable uses; application ofcertain land use laws
195.125 Existinguses in state parks; approval by local governments
URBANAND RURAL RESERVES
195.137 Definitionsfor ORS 195.137 to 195.145
195.139 Legislativefindings
195.141 Designationof rural reserves and urban reserves pursuant to intergovernmental agreement;rules
195.143 Coordinatedand concurrent process for designation of rural reserves and urban reserves
195.145 Urbanreserves; when required; limitation; rules
URBANSERVICE PROVIDER ANNEXATION
(Temporaryprovisions relating to requirements for annexation of certain industrial landsare compiled as notes preceding ORS 195.205)
195.205 Annexationby provider; prerequisites to vote; public hearing
195.210 Electionprocedures
195.215 Electioncertification; order
195.220 Annexationplan provisions
195.225 Boundarycommission review; action; plan amendment; election
195.235 Applicationof other annexation procedures
LANDSLIDEHAZARD AREAS
195.250 Definitionsfor ORS 195.250 to 195.260
195.253 Policy
195.256 Legislativefindings
195.260 Dutiesof local governments, state agencies and landowners in landslide hazard areas
JUSTCOMPENSATION FOR LAND USE REGULATION
195.300 Definitionsfor ORS 195.300 to 195.336
195.301 Legislativefindings
195.305 Compensationfor restriction of use of real property due to land use regulation
(Temporaryprovisions relating to previously filed claims are compiled as notes followingORS 195.305)
195.308 Exceptionto requirement for compensation
195.310 Claimfor compensation; calculation of reduction in fair market value; highest andbest use of restricted property; status of use authorized
195.312 Procedurefor processing claims; fees
195.314 Noticeof claim; evidence and argument; record on review; final determination
195.316 Noticeof Measure 37 permit
195.318 Judicialreview
195.320 Ombudsman
195.322 Dutiesof ombudsman
195.324 Effectof certain applications or petitions on right to relief
195.326 Qualificationof appraisers; review of appraisals
195.328 Acquisitiondate of claimant
195.330 Filingdate of documents
195.332 Fairmarket value of property
195.334 Effectof invalidity
195.336 Compensationand Conservation Fund
MISCELLANEOUS
195.850 Reportinglocal government boundary changes to certain mass transit districts
Note: Definitions in197.015 apply to ORS chapter 195.
COORDINATIONAGREEMENTS
(AgreementsGenerally)
195.020Special district planning responsibilities; agreements with local governmentsand Metropolitan Service District. (1) Special districts shall exercisetheir planning duties, powers and responsibilities and take actions that areauthorized by law with respect to programs affecting land use, including a cityor special district boundary change as defined in ORS 197.175 (1), inaccordance with goals approved pursuant to ORS chapters 195, 196 and 197.
(2)A county assigned coordinative functions under ORS 195.025 (1), or theMetropolitan Service District, which is assigned coordinative functions forMultnomah, Washington and Clackamas counties by ORS 195.025 (1), shall enterinto a cooperative agreement with each special district that provides an urbanservice within the boundaries of the county or the metropolitan district. Acounty or the Metropolitan Service District may enter into a cooperativeagreement with any other special district operating within the boundaries ofthe county or the metropolitan district.
(3)The appropriate city and county and, if within the boundaries of the MetropolitanService District, the Metropolitan Service District, shall enter into acooperative agreement with each special district that provides an urban servicewithin an urban growth boundary. The appropriate city and county, and theMetropolitan Service District, may enter into a cooperative agreement with anyother special district operating within an urban growth boundary.
(4)The agreements described in subsection (2) of this section shall conform to therequirements of paragraphs (a) to (d), (f) and (g) of this subsection. Theagreements described in subsection (3) of this section shall:
(a)Describe how the city or county will involve the special district incomprehensive planning, including plan amendments, periodic review andamendments to land use regulations;
(b)Describe the responsibilities of the special district in comprehensiveplanning, including plan amendments, periodic review and amendments to land useregulations regarding provision of urban services;
(c)Establish the role and responsibilities of each party to the agreement withrespect to city or county approval of new development;
(d)Establish the role and responsibilities of the city or county with respect todistrict interests including, where applicable, water sources, capital facilitiesand real property, including rights of way and easements;
(e)Specify the units of local government which shall be parties to an urbanservice agreement under ORS 195.065;
(f)If a Metropolitan Service District is a party to the agreement, describe howthe Metropolitan Service District will involve the special district in theexercise of the Metropolitan Service District’s regional planningresponsibilities; and
(g)Contain such other provisions as the Land Conservation and DevelopmentCommission may require by rule.
(5)Agreements required under subsections (2) and (3) of this section are subjectto review by the commission. The commission may provide by rule for periodicsubmission and review of cooperative agreements to insure that they are consistentwith acknowledged comprehensive plans. [Formerly 197.185]
195.025Regional coordination of planning activities; alternatives. (1) In additionto the responsibilities stated in ORS 197.175, each county, through itsgoverning body, shall be responsible for coordinating all planning activitiesaffecting land uses within the county, including planning activities of thecounty, cities, special districts and state agencies, to assure an integratedcomprehensive plan for the entire area of the county. In addition to beingsubject to the provisions of ORS chapters 195, 196 and 197 with respect to cityor special district boundary changes, as defined by ORS 197.175 (1), thegoverning body of the Metropolitan Service District shall be considered thecounty review, advisory and coordinative body for Multnomah, Clackamas andWashington Counties for the areas within that district.
(2)For the purposes of carrying out ORS chapters 195, 196 and 197, counties mayvoluntarily join together with adjacent counties as authorized in ORS 190.003to 190.620.
(3)Whenever counties and cities representing 51 percent of the population in theirarea petition the Land Conservation and Development Commission for an electionin their area to form a regional planning agency to exercise the authority ofthe counties under subsection (1) of this section in the area, the commissionshall review the petition. If it finds that the area described in the petitionforms a reasonable planning unit, it shall call an election in the area on adate specified in ORS 203.085, to form a regional planning agency. The electionshall be conducted in the manner provided in ORS chapter 255. The county clerkshall be considered the elections officer and the commission shall beconsidered the district elections authority. The agency shall be consideredestablished if the majority of votes favor the establishment.
(4)If a voluntary association of local governments adopts a resolution ratified byeach participating county and a majority of the participating cities thereinwhich authorizes the association to perform the review, advisory andcoordination functions assigned to the counties under subsection (1) of thissection, the association may perform such duties. [Formerly 197.190]
195.034Alternate population forecast. (1) If the coordinating body under ORS195.025 (1) has adopted, within 10 years before a city initiates an evaluationor amendment of the city’s urban growth boundary, a population forecast asrequired by ORS 195.036 that no longer provides a 20-year forecast for an urbanarea, a city may propose a revised 20-year forecast for its urban area byextending the coordinating body’s current urban area forecast to a 20-yearperiod using the same growth trend for the urban area assumed in the coordinatingbody’s current adopted forecast.
(2)If the coordinating body has not adopted a forecast as required by ORS 195.036or if the current forecast was adopted more than 10 years before the cityinitiates an evaluation or amendment of the city’s urban growth boundary, acity may propose a 20-year forecast for its urban area by:
(a)Basing the proposed forecast on the population forecast prepared by the Officeof Economic Analysis for the county for a 20-year period that commences whenthe city initiates the evaluation or amendment of the city’s urban growthboundary; and
(b)Assuming that the urban area’s share for the forecasted county populationdetermined in paragraph (a) of this subsection will be the same as the urbanarea’s current share of the county population based on the most recentcertified population estimates from Portland State University and the mostrecent data for the urban area published by the United States Census Bureau.
(3)(a)If the coordinating body does not take action on the city’s proposed forecastfor the urban area under subsection (1) or (2) of this section within sixmonths after the city’s written request for adoption of the forecast, the citymay adopt the extended forecast if:
(A)The city provides notice to the other local governments in the county; and
(B)The city includes the adopted forecast in the comprehensive plan, or a documentincluded in the plan by reference, in compliance with the applicablerequirements of ORS 197.610 to 197.650.
(b)If the extended forecast is adopted under paragraph (a) of this subsectionconsistent with the requirements of subsection (1) or (2) of this section:
(A)The forecast is deemed to satisfy the requirements of a statewide land useplanning goal relating to urbanization to establish a coordinated 20-yearpopulation forecast for the urban area; and
(B)The city may rely on the population forecast as an appropriate basis upon whichthe city and county may conduct the evaluation or amendment of the city’s urbangrowth boundary.
(4)The process for establishing a population forecast provided in this section isin addition to and not in lieu of a process established by goal and rule of theLand Conservation and Development Commission. [2007 c.689 §1]
Note: 195.034 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 195 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
195.035 [Formerly197.255; repealed by 1995 c.547 §6 (195.036 enacted in lieu of 195.035)]
195.036Area population forecast; coordination. The coordinating body under ORS 195.025(1) shall establish and maintain a population forecast for the entire areawithin its boundary for use in maintaining and updating comprehensive plans,and shall coordinate the forecast with the local governments within itsboundary. [1995 c.547 §7 (enacted in lieu of 195.035)]
195.040Annual county reports on comprehensive planning compliance. Upon theexpiration of one year after the date of the approval of the goals andguidelines and annually thereafter, each county governing body, upon request ofthe Land Conservation and Development Commission, shall report to thecommission on the status of comprehensive plans within each county. Each reportshall include:
(1)Copies of comprehensive plans reviewed by the county governing body and copiesof land use regulations applied to areas of critical state concern within thecounty.
(2)For those areas or jurisdictions within the county without comprehensive plans,a statement and review of the progress made toward compliance with the goals. [Formerly197.260]
(UrbanService Agreements)
195.060Definitions.As used in ORS 195.020, 195.065 to 195.085 and 197.005, unless the context requiresotherwise:
(1)“District” has the meaning given that term in ORS 198.010. In addition, theterm includes a county service district organized under ORS chapter 451.
(2)“Urban growth boundary” means an acknowledged urban growth boundary contained ina city or county comprehensive plan or an acknowledged urban growth boundarythat has been adopted by a metropolitan service district council under ORS268.390 (3).
(3)“Urban service” has the meaning given that term in ORS 195.065. [1993 c.804 §12]
195.065Agreements required; contents; county responsibilities. (1) Under ORS190.003 to 190.130, units of local government and special districts thatprovide an urban service to an area within an urban growth boundary that has apopulation greater than 2,500 persons, and that are identified as appropriateparties by a cooperative agreement under ORS 195.020, shall enter into urbanservice agreements that:
(a)Specify whether the urban service will be provided in the future by a city,county, district, authority or a combination of one or more cities, counties,districts or authorities.
(b)Set forth the functional role of each service provider i