ORS 197.522
Local government to approve subdivision, partition or construction

  • conditions

(1)

As used in this section:

(a)

“Needed housing” has the meaning given that term in ORS 197.303 (“Needed housing” defined).

(b)

“Partition” has the meaning given that term in ORS 92.010 (Definitions for ORS 92.010 to 92.192).

(c)

“Permit” means a permit as defined in ORS 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780) and a permit as defined in ORS 227.160 (Definitions for ORS 227.160 to 227.186).

(d)

“Subdivision” has the meaning given that term in ORS 92.010 (Definitions for ORS 92.010 to 92.192).

(2)

A local government shall approve an application for a permit, authorization or other approval necessary for the subdivision or partitioning of, or construction on, any land for needed housing that is consistent with the comprehensive plan and applicable land use regulations.

(3)

If an application is inconsistent with the comprehensive plan and applicable land use regulations, the local government, prior to making a final decision on the application, shall allow the applicant to offer an amendment or to propose conditions of approval that would make the application consistent with the plan and applicable regulations. If an applicant seeks to amend the application or propose conditions of approval:

(a)

A county may extend the time limitation under ORS 215.427 (Final action on permit or zone change application) for final action by the governing body of a county on an application for needed housing and may set forth a new time limitation for final action on the consideration of future amendments or proposals.

(b)

A city may extend the time limitation under ORS 227.178 (Final action on certain applications required within 120 days) for final action by the governing body of a city on an application for needed housing and may set forth a new time limitation for final action on the consideration of future amendments or proposals.

(4)

A local government shall deny an application that is inconsistent with the comprehensive plan and applicable land use regulations and that cannot be made consistent through amendments to the application or the imposition of reasonable conditions of approval. [1999 c.838 §4; 2015 c.374 §3]
Note: 197.522 (Local government to approve subdivision, partition or construction) was added to and made a part of ORS chapter 197 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 197.522 — Local government to approve subdivision, partition or construction; conditions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors197.­html.

Notes of Decisions

Placing burden of proof on petitioner to establish impropriety of permit or approval condition does not facially violate statute. Lincoln City Chamber of Commerce v. City of Lincoln City, 164 Or App 272, 991 P2d 1080 (1999), Sup Ct review denied

197.005
Legislative findings 197.010
Policy 197.012
Compact urban development 197.013
Implementation and enforcement are of statewide concern 197.015
Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325 197.020
Land use decision considerations 197.022
Policy regarding ORS 215.433 and 227.184 197.030
Land Conservation and Development Commission 197.035
Officers 197.040
Duties of commission 197.045
Powers of commission 197.047
Notice to local governments and property owners of changes to commission rules or certain statutes 197.050
Interstate agreements and compacts 197.060
Biennial report 197.065
Biennial report analyzing uses of certain land 197.070
Public inspection of assessments prepared by commission 197.075
Department of Land Conservation and Development 197.085
Director 197.090
Duties and authority of director 197.095
Land Conservation and Development Account 197.158
Policy-neutral review and audit of statewide land use program 197.160
State Citizen Involvement Advisory Committee 197.165
Local Officials Advisory Committee 197.173
Findings regarding coordination between state agencies and local governments 197.175
Cities’ and counties’ planning responsibilities 197.178
Development applications 197.180
State agency planning responsibilities 197.183
Local government to notify Department of Aviation of applications received for certain water impoundments 197.186
Removal from buildable lands inventory of land subject to open space tax assessment 197.195
Limited land use decision 197.200
Refinement plan 197.225
Preparation 197.230
Considerations 197.235
Public hearings 197.240
Commission action 197.245
Commission amendment of initial goals 197.250
Compliance with goals required 197.251
Compliance acknowledgment 197.253
Participation in local proceedings required for submitting comments and objections 197.254
Bar to contesting acknowledgment, appealing or seeking amendment 197.256
Acknowledgment deadline for newly incorporated cities 197.265
State compensation for costs of defending compliance actions 197.270
Copies of comprehensive plan and land use regulations 197.274
Review of Metro regional framework plan 197.277
Oregon Forest Practices Act 197.279
Approved wetland conservation plans comply with goals 197.283
Commission to assure protection of ground water resources 197.286
Definitions for ORS 197.286 to 197.314 and 197.475 to 197.490 197.290
Housing production strategy 197.291
Review of housing production strategy 197.293
Identification of cities with unmet housing needs 197.296
Analysis of housing capacity and needed housing by Metro, cities outside of Metro and smaller cities 197.297
Analysis of housing capacity and needed housing in Metro cities 197.298
Priority of land to be included within urban growth boundary 197.299
Metro accommodation of needed housing and school lands 197.301
Metro report of performance measures 197.302
Metro determination of buildable land supply 197.303
“Needed housing” defined 197.304
Lane County accommodation of needed housing 197.307
Needed housing policy 197.308
Affordable housing allowed outright 197.309
Local requirements to develop affordable housing 197.311
Final action on affordable housing application 197.312
Limitation on city and county prohibitions 197.313
Interpretation of ORS 197.312 197.314
Required siting of manufactured homes 197.319
Procedures prior to request of an enforcement order 197.320
Power of commission to order compliance with goals and plans 197.324
Proceedings prior to order of compliance with goals 197.328
Procedures to consider order to comply with goals 197.335
Order for compliance with goals 197.340
Weight given to goals in planning practice 197.350
Burden of persuasion or proof in appeal to board or commission 197.353
Measure 37 timelines 197.360
“Expedited land division” defined 197.365
Application 197.370
Failure of local government to timely act on application 197.375
Appeal of local government to referee 197.380
Application fees 197.390
Activities on federal land 197.395
Application for permit 197.405
Designation of areas of critical state concern 197.410
Use and activities regulated 197.416
Metolius Area of Critical State Concern 197.430
Enforcement powers 197.431
Expansion of speedway destination site 197.432
Definitions for ORS 197.431 to 197.434 197.433
Development of major motor speedway 197.434
Traffic impacts of speedway destination 197.435
Definitions for ORS 197.435 to 197.467 197.440
Legislative findings 197.445
Destination resort criteria 197.450
Siting without taking goal exception 197.455
Siting of destination resorts 197.460
Compatibility with adjacent land uses 197.462
Use of land excluded from destination resort 197.465
Comprehensive plan implementing measures 197.467
Conservation easement to protect resource site 197.475
Policy 197.480
Planning for parks 197.485
Prohibition on restrictions of manufactured dwelling 197.488
Replacement of park destroyed by natural disaster 197.490
Restriction on establishment of park 197.492
Definitions for ORS 197.492 and 197.493 197.493
Placement and occupancy of recreational vehicle 197.505
Definitions for ORS 197.505 to 197.540 197.510
Legislative findings 197.520
Manner of declaring moratorium 197.522
Local government to approve subdivision, partition or construction 197.524
Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits 197.530
Correction program 197.540
Review by Land Use Board of Appeals 197.610
Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development 197.612
Comprehensive plan or land use regulation changes to conform plan or regulations to new requirement in statute, goal or rule 197.615
Submission of adopted comprehensive plan or land use regulation changes to Department of Land Conservation and Development 197.620
Appeal of certain comprehensive plan or land use regulation decision-making 197.625
Acknowledgment of comprehensive plan or land use regulation changes 197.626
Submission of land use decisions that expand urban growth boundary or designate urban or rural reserves 197.627
Meaning of “compliance with the goals” for certain purposes 197.628
Periodic review 197.629
Schedule for periodic review 197.631
Commission to amend regulations to facilitate periodic review 197.633
Two phases of periodic review 197.636
Procedures and actions for failure to meet periodic review deadlines 197.637
Department of Land Conservation and Development may request review by Housing and Community Services Department of certain local housing measures 197.638
Department of Land Conservation and Development may request review by Oregon Business Development Department of local inventory and analysis of industrial and commercial land 197.639
State assistance teams 197.644
Modification of work program 197.646
Implementation of new requirement in goal, rule or statute 197.649
Fees for notice 197.650
Appeal to Court of Appeals 197.651
Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission 197.652
Regional problem-solving process 197.654
Regional problem-solving goals, actions and agreements 197.656
Commission approval of comprehensive plans not in compliance with goals 197.658
Modifying local work plan 197.659
Commission approval of certain changes in comprehensive plans or land use regulations 197.660
Definitions 197.663
Legislative findings 197.665
Locations of residential homes 197.667
Location of residential facility 197.670
Zoning requirements and prohibitions for residential homes and residential facilities 197.677
Policy 197.680
Legislative findings 197.685
Location of farmworker housing 197.707
Legislative intent 197.712
Commission duties 197.713
Industrial development on industrial lands outside urban growth boundaries 197.714
Cooperation of county and city concerning industrial development 197.716
Industrial and employment uses in listed counties 197.717
Technical assistance by state agencies 197.719
Industrial use of abandoned or diminished mill sites 197.722
Definitions for ORS 197.722 to 197.728 197.723
Designation of regionally significant industrial areas 197.724
Review of application for land use permit within regionally significant industrial area 197.726
Jurisdiction on appeal 197.727
Fee for review 197.728
Rules 197.732
Goal exceptions 197.734
Exceptions to certain statewide planning goal criteria 197.736
Commission implementation of ORS 197.340 and 197.732 197.746
Transitional housing accommodations 197.748
Conversion of hotel or motel to emergency shelter or affordable housing 197.752
Lands available for urban development 197.754
Land identified for urban services 197.756
Farm use assessment in area identified for urban services 197.758
Development of middle housing 197.761
Development of residential platted lot 197.764
Application to remove property from within urban growth boundary 197.766
Laws applicable to certain local decisions regarding urban growth boundary 197.768
Local government or special district adoption of public facilities strategy 197.770
Firearms training facilities 197.772
Consent for designation as historic property 197.782
Emergency shelters developed under temporary authorization 197.791
Inventory of local government surplus real property 197.794
Notice to railroad company upon certain applications for land use decision, limited land use decision or expedited land use decision 197.796
Applicant for certain land use decisions may accept and appeal condition imposed on application 197.797
Local quasi-judicial land use hearings 197.798
Rules regulating transportation improvements by city or county 197.805
Policy on review of land use decisions 197.810
Land Use Board of Appeals 197.815
Office location 197.820
Duty to conduct review proceedings 197.825
Jurisdiction of board 197.828
Board review of limited land use decision 197.829
Board to affirm certain local government interpretations 197.830
Review procedures 197.831
Appellate review of clear and objective approval standards, conditions and procedures for needed housing 197.832
Board Publications Account 197.835
Scope of review 197.840
Exceptions to deadline for final decision 197.843
Attorney fees for applicant developing affordable housing 197.845
Stay of decision being reviewed 197.850
Judicial review of board order 197.855
Deadline for final court order 197.860
Stay of proceedings to allow mediation
Green check means up to date. Up to date

Current through early 2024

§ 197.522’s source at oregon​.gov