ORS 195.020
Special district planning responsibilities

  • agreements with local governments and metropolitan service district

(1)

Special districts shall exercise their planning duties, powers and responsibilities and take actions that are authorized by law with respect to programs affecting land use, including a city or special district boundary change as defined in ORS 197.175 (Cities’ and counties’ planning responsibilities) (1), in accordance with goals approved pursuant to ORS chapters 195, 196 and 197.

(2)

A county assigned coordinative functions under ORS 195.025 (Regional coordination of planning activities) (1), or the metropolitan service district, which is assigned coordinative functions for Multnomah, Washington and Clackamas counties by ORS 195.025 (Regional coordination of planning activities) (1), shall enter into a cooperative agreement with each special district that provides an urban service within the boundaries of the county or the metropolitan district. A county or the metropolitan service district may enter into a cooperative agreement with any other special district operating within the boundaries of the county or the metropolitan district.

(3)

The appropriate city and county and, if within the boundaries of the metropolitan service district, the metropolitan service district, shall enter into a cooperative agreement with each special district that provides an urban service within an urban growth boundary. The appropriate city and county, and the metropolitan service district, may enter into a cooperative agreement with any other special district operating within an urban growth boundary.

(4)

The agreements described in subsection (2) of this section shall conform to the requirements of paragraphs (a) to (d), (f) and (g) of this subsection. The agreements described in subsection (3) of this section shall:

(a)

Describe how the city or county will involve the special district in comprehensive planning, including plan amendments, periodic review and amendments to land use regulations;

(b)

Describe the responsibilities of the special district in comprehensive planning, including plan amendments, periodic review and amendments to land use regulations regarding provision of urban services;

(c)

Establish the role and responsibilities of each party to the agreement with respect to city or county approval of new development;

(d)

Establish the role and responsibilities of the city or county with respect to district interests including, where applicable, water sources, capital facilities and real property, including rights of way and easements;

(e)

Specify the units of local government which shall be parties to an urban service agreement under ORS 195.065 (Agreements required);

(f)

If a metropolitan service district is a party to the agreement, describe how the metropolitan service district will involve the special district in the exercise of the metropolitan service district’s regional planning responsibilities; and

(g)

Contain such other provisions as the Land Conservation and Development Commission may require by rule.

(5)

Agreements required under subsections (2) and (3) of this section are subject to review by the commission. The commission may provide by rule for periodic submission and review of cooperative agreements to insure that they are consistent with acknowledged comprehensive plans. [Formerly 197.185]

Source: Section 195.020 — Special district planning responsibilities; agreements with local governments and metropolitan service district, https://www.­oregonlegislature.­gov/bills_laws/ors/ors195.­html.

Notes of Decisions

Though sewer authority alleged statutory responsibility for planning sewer systems, precluding county from adopting conflicting sewer policies in its comprehensive plan, county had authority, under ORS 197.175, consistent with state-wide planning goals, to adopt its own policies relating to sewer systems. Jackson County v. Bear Creek Authority, 293 Or 121, 645 P2d 532 (1982)

Attorney General Opinions

People’s Utility Districts as “special districts” within meaning of this section, (1978) Vol 38, p 1650;

educational system policy statements as appropriate elements of county comprehensive plans, (1978) Vol 38, p 1713

Law Review Citations

93 OLR 455 (2014)

195.020
Special district planning responsibilities 195.025
Regional coordination of planning activities 195.033
Area population forecasts 195.036
Metro area population forecast 195.040
Annual county reports on comprehensive planning compliance 195.060
Definitions 195.065
Agreements required 195.070
Agreement factors 195.075
Agreement provisions and considerations 195.080
Application of comprehensive plans and land use regulations 195.085
Compliance deadlines 195.110
School facility plan for large school districts 195.115
Reducing barriers for pedestrian and bicycle access to schools 195.120
Rules and planning goal amendments for parks required 195.125
Existing uses in state parks 195.137
Definitions for ORS 195.137 to 195.145 195.139
Legislative findings 195.141
Designation of rural reserves and urban reserves pursuant to intergovernmental agreement 195.143
Coordinated and concurrent process for designation of rural reserves and urban reserves 195.144
Designation of rural reserves and urban reserves in Washington County 195.145
Urban reserves 195.205
Annexation by provider 195.210
Election procedures 195.215
Election certification 195.220
Annexation plan provisions 195.225
Boundary commission review 195.235
Application of other annexation procedures 195.250
Definitions for ORS 195.250 to 195.260 195.253
Policy 195.256
Legislative findings 195.260
Duties of local governments, state agencies and landowners in landslide hazard areas 195.300
Definitions for ORS 195.300 to 195.336 195.301
Legislative findings 195.305
Compensation for restriction of use of real property due to land use regulation 195.308
Exception to requirement for compensation 195.310
Claim for compensation 195.312
Procedure for processing claims 195.314
Notice of claim 195.316
Notice of Measure 37 permit 195.318
Judicial review 195.320
Ombudsman 195.322
Duties of ombudsman 195.324
Effect of certain applications or petitions on right to relief 195.326
Qualification of appraisers 195.328
Acquisition date of claimant 195.330
Filing date of documents 195.332
Fair market value of property 195.334
Effect of invalidity 195.336
Compensation and Conservation Fund 195.500
Policy for removal of homeless individuals camping on public property 195.505
Elements of camp removal policies 195.510
Sites not subject to ORS 195.500 to 195.510 195.520
Camping by individuals living in vehicles 195.530
Noncamping use of public property by homeless individuals 195.850
Reporting local government boundary changes to certain mass transit districts
Green check means up to date. Up to date

Current through early 2024

§ 195.020’s source at oregon​.gov