ORS Chapter 197
Chapter 197 — ComprehensiveLand Use Planning Coordination
2009 EDITION
COMPREHENSIVELAND USE PLANNING COORDINATION
MISCELLANEOUSMATTERS
GENERALPROVISIONS
197.005 Legislativefindings
197.010 Policy
197.012 Compacturban development
197.013 Implementationand enforcement are of statewide concern
197.015 Definitionsfor ORS chapters 195, 196 and 197
197.020 Landuse decision considerations
197.022 Policyregarding ORS 215.433 and 227.184
LANDCONSERVATION AND DEVELOPMENT COMMISSION
197.030 LandConservation and Development Commission; members; appointment; confirmation;term; vacancies
197.035 Officers;quorum; compensation and expenses
197.040 Dutiesof commission; rules
197.045 Powersof commission
197.047 Noticeto local governments and property owners of changes to commission rules orcertain statutes; form; distribution of notice; costs
197.050 Interstateagreements and compacts; commission powers
197.060 Biennialreport; draft submission to legislative committee; contents
197.065 Biennialreport analyzing uses of certain land; annual local government reports
197.070 Publicinspection of assessments prepared by commission
DEPARTMENTOF LAND CONSERVATION AND DEVELOPMENT
197.075 Departmentof Land Conservation and Development
197.085 Director;appointment; compensation and expenses
197.090 Dutiesand authority of director; appealing local land use decision; rules
197.095 LandConservation and Development Account
ADVISORYCOMMITTEES
197.158 Policy-neutralreview and audit of statewide land use program
197.160 StateCitizen Involvement Advisory Committee; city and county citizen advisorycommittees
197.165 LocalOfficials Advisory Committee
COMPREHENSIVEPLANNING RESPONSIBILITIES
197.173 Findingsregarding coordination between state agencies and local governments
197.175 Cities’and counties’ planning responsibilities; rules on incorporations; compliancewith goals
197.178 Developmentapplications; urban residential density; reporting to Department of LandConservation and Development
197.180 Stateagency planning responsibilities; determination of compliance with goals andcompatibility with plans; coordination between agencies and local governments;rules; exceptions
197.183 Localgovernment to notify Department of Aviation of applications received forcertain water impoundments
197.186 Removalfrom buildable lands inventory of land subject to open space tax assessment;reapplication for assessment
197.195 Limitedland use decision; procedures
197.200 Refinementplan; procedures for land division, site or design review within area subjectto plan
GOALSCOMPLIANCE
197.225 Preparation;adoption
197.230 Considerations;finding of need required for adoption or amendment of goal
197.235 Publichearings; notice; citizen involvement implementation; submission of proposals
197.240 Commissionaction; public hearing; notice; amendment; adoption
197.245 Commissionamendment of initial goals; adoption of new goals
197.250 Compliancewith goals required
197.251 Complianceacknowledgment; commission review; rules; limited acknowledgment; complianceschedule
197.253 Participationin local proceedings required for submitting comments and objections
197.254 Barto contesting acknowledgment, appealing or seeking amendment
197.265 Statecompensation for costs of defending compliance actions
197.270 Copiesof comprehensive plan and land use regulations; post review
197.274 Reviewof Metro regional framework plan
197.277 OregonForest Practices Act; exclusion
197.279 Approvedwetland conservation plans comply with goals; exception; rules
197.283 Commissionto assure protection of ground water resources
NEEDEDHOUSING IN URBAN GROWTH AREAS
197.295 Definitionsfor ORS 197.295 to 197.314 and 197.475 to 197.490
197.296 Factorsto establish sufficiency of buildable lands within urban growth boundary;analysis and determination of residential housing patterns
197.298 Priorityof land to be included within urban growth boundary
197.299 Metropolitanservice district analysis of buildable land supply; schedule for accommodatingneeded housing; need for land for school; extension of schedule
197.301 Metropolitanservice district report of performance measures
197.302 Metropolitanservice district determination of buildable land supply; corrective action;enforcement
197.303 “Neededhousing” defined
197.304 LaneCounty accommodation of needed housing
197.307 Effectof need for certain housing in urban growth areas; approval standards forcertain residential development; placement standards for approval ofmanufactured dwellings
197.309 Localordinances or approval conditions may not effectively establish housing saleprice or designate class of purchasers; exception
197.312 Limitationon city and county authority to prohibit certain kinds of housing, includingfarmworker housing; real estate sales office
197.313 Interpretationof ORS 197.312
197.314 Requiredsiting of manufactured homes; minimum lot size; approval standards
ENFORCEMENTOF PLANNING REQUIREMENTS
197.319 Proceduresprior to request of an enforcement order
197.320 Powerof commission to order compliance with goals and plans
197.324 Proceedingsprior to order of compliance with goals; disclosure notice
197.328 Proceduresto consider order to comply with goals
197.335 Orderfor compliance with goals; review of order; withholding grant funds;injunctions
197.340 Weightgiven to goals in planning practice; regional diversity and needs
197.350 Burdenof persuasion or proof in appeal to board or commission
197.353 Measure37 timelines; death of claimant
EXPEDITEDLAND DIVISIONS
197.360 “Expeditedland division” defined; applicability
197.365 Applicationfor expedited land division; notice requirements; procedure
197.370 Failureof local government to approve or deny application within specified time
197.375 Appealof decision on application for expedited land division; notice requirements;standards for review; procedure; costs
197.380 Applicationfees for expedited land division
ACTIVITIESON FEDERAL LAND
197.390 Activitieson federal land; list; permit required; enjoining violations
197.395 Applicationfor permit; review and issuance; conditions; restrictions; review
AREASOF CRITICAL CONCERN
197.405 Designationof areas of critical state concern; commission recommendation; committeereview; approval by Legislative Assembly
197.410 Useand activities regulated; enjoining violations
197.416 MetoliusArea of Critical State Concern
197.430 Enforcementpowers
RESIDENTIALAND RECREATIONAL DEVELOPMENT
(Temporaryprovisions relating to transferable development opportunities are compiled asnotes following ORS 197.430)
SITINGSPEEDWAY DESTINATION
197.431 Expansionof speedway destination site
197.432 Definitionsfor ORS 197.431 to 197.434
197.433 Developmentof major motor speedway
197.434 Trafficimpacts of speedway destination
SITINGOF DESTINATION RESORTS