Local Government Planning Coordination

ORS 195.260
Duties of local governments, state agencies and landowners in landslide hazard areas

(1)

In order to reduce the risk of serious bodily injury or death resulting from rapidly moving landslides, a local government:

(a)

Shall exercise all available authority to protect the public during emergencies, consistent with ORS 401.032 (Statement of policy and purpose).

(b)

May require a geotechnical report and, if a report is required, shall provide for a coordinated review of the geotechnical report by the State Department of Geology and Mineral Industries or the State Forestry Department, as appropriate, before issuing a building permit for a site in a further review area.

(c)

Except those structures exempt from building codes under ORS 455.310 (Single-family residence repair and maintenance exempt from codes) and 455.315 (Exemption of agricultural buildings, agricultural grading, equine facilities and dog training facilities), shall amend its land use regulations, or adopt new land use regulations, to regulate the siting of dwellings and other structures designed for human occupancy, including those being restored under ORS 215.130 (Application of ordinances and comprehensive plan) (6), in further review areas where there is evidence of substantial risk for rapidly moving landslides. All final decisions under this paragraph and paragraph (b) of this subsection are the responsibility of the local government with jurisdiction over the site. A local government may not delegate such final decisions to any state agency.

(d)

May deny a request to issue a building permit if a geotechnical report discloses that the entire parcel is subject to a rapidly moving landslide or that the subject lot or parcel does not contain sufficient buildable area that is not subject to a rapidly moving landslide.

(e)

Shall maintain a record, available to the public, of properties for which a geotechnical report has been prepared within the jurisdiction of the local government.

(2)

A landowner allowed a building permit under subsection (1)(c) of this section shall sign a statement that shall:

(a)

Be recorded with the county clerk of the county in which the property is located, in which the landowner acknowledges that the landowner may not in the future bring any action against an adjacent landowner about the effects of rapidly moving landslides on or adjacent to the landowner’s property; and

(b)

Record in the deed records for the county where the lot or parcel is located a nonrevocable deed restriction that the landowner signs and acknowledges, that contains a legal description complying with ORS 93.600 (Description of real property for purposes of recordation) and that prohibits any present or future owner of the property from bringing any action against an adjacent landowner about the effects of rapidly moving landslides on or adjacent to the property.

(3)

Restrictions on forest practices adopted under ORS 527.710 (Duties and powers of board) (10) do not apply to risk situations arising solely from the construction of a building designed for human occupancy in a further review area on or after October 23, 1999.

(4)

The following state agencies shall implement the following specific responsibilities to reduce the risk of serious bodily injury or death resulting from rapidly moving landslides:

(a)

The State Department of Geology and Mineral Industries shall:

(A)

Identify and map further review areas selected in cooperation with local governments and in coordination with the State Forestry Department, and provide technical assistance to local governments to facilitate the use and application of this information pursuant to subsection (1)(b) of this section; and

(B)

Provide public education regarding landslide hazards.

(b)

The State Forestry Department shall regulate forest operations to reduce the risk of serious bodily injury or death from rapidly moving landslides directly related to forest operations, and assist local governments in the siting review of permanent dwellings on and adjacent to forestlands in further review areas pursuant to subsection (1)(b) of this section.

(c)

The Land Conservation and Development Commission may take steps under its existing authority to assist local governments to appropriately apply the requirements of subsection (1)(c) of this section.

(d)

The Department of Transportation shall provide warnings to motorists during periods determined to be of highest risk of rapidly moving landslides along areas on state highways with a history of being most vulnerable to rapidly moving landslides.

(e)

The Oregon Department of Emergency Management shall coordinate state resources for rapid and effective response to landslide-related emergencies.

(5)

Notwithstanding any other provision of law, any state or local agency adopting rules related to the risk of serious bodily injury or death from rapidly moving landslides shall do so only in conformance with the policies and provisions of ORS 195.250 (Definitions for ORS 195) to 195.260 (Duties of local governments, state agencies and landowners in landslide hazard areas).

(6)

No state or local agency may adopt or enact any rule or ordinance for the purpose of reducing risk of serious bodily injury or death from rapidly moving landslides that limits the use of land that is in addition to land identified as a further review area by the State Department of Geology and Mineral Industries or the State Forestry Department pursuant to subsection (4) of this section.

(7)

Except as provided in ORS 527.710 (Duties and powers of board) or in Oregon’s ocean and coastal land use planning goals, no state agency may adopt criteria regulating activities for the purpose of reducing risk of serious bodily injury or death from rapidly moving landslides on lands subject to the provisions of ORS 195.250 (Definitions for ORS 195) to 195.260 (Duties of local governments, state agencies and landowners in landslide hazard areas) that are more restrictive than the criteria adopted by a local government pursuant to subsection (1)(c) of this section. [1999 c.1103 §4; 2003 c.141 §1; 2003 c.740 §8; 2007 c.740 §37; 2021 c.539 §26]
Note: The amendments to 195.260 (Duties of local governments, state agencies and landowners in landslide hazard areas) by section 26, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience.
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Last accessed
Mar. 11, 2023

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