ORS 197A.235
Designation of rural and urban reserves pursuant to intergovernmental agreement

  • rules

(1)

A county and a city or a county and Metro may enter into an intergovernmental agreement pursuant to ORS 190.003 (Definition for ORS 190.003 to 190.130) to 190.130 (Effect of ORS 190.125), 195.025 (Regional coordination of planning activities) or 197.652 (Regional problem-solving process) to 197.658 (Modifying local work plan) to designate rural reserves pursuant to this section at the same time as designating urban reserves pursuant to ORS 197A.245 (Urban reserves) (1).

(2)

Land designated as a rural reserve:

(a)

Must be outside an urban growth boundary.

(b)

May not be designated as an urban reserve during the urban reserve planning period described in ORS 197A.245 (Urban reserves) (4).

(c)

May not be included within an urban growth boundary during the period of time described in paragraph (b) of this subsection.

(3)

When designating a rural reserve under this section to provide long-term protection to the agricultural industry, the designation must be based on consideration of factors including, but not limited to, whether land proposed for designation as a rural reserve:

(a)

Is situated in an area that is otherwise potentially subject to urbanization during the period described in subsection (2)(b) of this section, as indicated by proximity to the urban growth boundary and to properties with fair market values that significantly exceed agricultural values;

(b)

Is capable of sustaining long-term agricultural operations;

(c)

Has suitable soils and available water where needed to sustain long-term agricultural operations; and

(d)

Is suitable to sustain long-term agricultural operations, taking into account:

(A)

The existence of a large block of agricultural or other resource land with a concentration or cluster of farms;

(B)

The adjacent land use pattern, including its location in relation to adjacent nonfarm uses and the existence of buffers between agricultural operations and nonfarm uses;

(C)

The agricultural land use pattern, including parcelization, tenure and ownership patterns; and

(D)

The sufficiency of agricultural infrastructure in the area.

(4)

Designation and protection of rural reserves pursuant to this section or urban reserves pursuant to ORS 197A.245 (Urban reserves) (1):

(a)

Is not a basis for a claim for compensation under ORS 195.305 (Compensation for restriction of use of real property due to land use regulation) unless the designation and protection of rural reserves or urban reserves imposes a new restriction on the use of private real property.

(b)

Does not impair the rights and immunities provided under ORS 30.930 (Definitions for ORS 30.930 to 30.947) to 30.947 (Effect of siting of destination resorts or other nonfarm or nonforest uses).

(5)

The Land Conservation and Development Commission shall consult with the State Department of Agriculture in adopting, amending or repealing rules under this section. [Formerly 195.141]

Source: Section 197A.235 — Designation of rural and urban reserves pursuant to intergovernmental agreement; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors197A.­html (accessed May 26, 2025).

Notes of Decisions

Whether land is “capable” refers to physical ability of land to produce agricultural product and capability determination must include assessment of quantity and quality of soil and water. Barkers Five, LLC v. LCDC, 261 Or App 259, 323 P3d 368 (2014)

Whether land is “suitable” refers to ability of land to be used for long-term farm use based on factors including existing land use and ownership patterns, parcelization, infrastructure and zoning. Barkers Five, LLC v. LCDC, 261 Or App 259, 323 P3d 368 (2014)

Law Review Citations

93 OLR 455 (2014)

197A.015
Definitions for ORS 197.475 to 197.493 and ORS chapter 197A 197A.018
Definition of “needed housing.” 197A.020
Limitations on requiring contribution for government assisted housing 197A.025
Policy 197A.030
Department support to local governments to incentivize needed housing 197A.100
Housing production strategy 197A.103
Review of housing production strategy 197A.110
City report on housing permitting and production 197A.115
City report on implementation of housing production strategy 197A.130
Identification of cities with unmet housing needs 197A.200
Local government planning for needed housing 197A.205
Housing and Community Services Department review of certain local housing measures 197A.210
Development-ready lands 197A.215
Application to remove property from within urban growth boundary 197A.230
Definitions for ORS 197A.230 to 197A.250 197A.232
Findings regarding long-range planning 197A.235
Designation of rural and urban reserves pursuant to intergovernmental agreement 197A.242
Coordinated and concurrent process for designation of urban and rural reserves 197A.245
Urban reserves 197A.250
Designation of certain Washington County lands 197A.270
Determination of housing capacity and accommodation of needed housing by cities with population of 25,000 or greater 197A.278
Lane County accommodation of needed housing 197A.280
Determination of housing capacity and accommodation of needed housing by cities with population of less than 25,000 197A.285
Priority of land to be included within urban growth boundaries 197A.300
Definition of “serviceable.” 197A.302
Purposes 197A.305
Alternative amendment process 197A.310
Cities with population of less than 10,000 197A.312
Cities with population of 10,000 or greater 197A.315
Expansion study areas 197A.325
Review of final decision of city 197A.335
Determination of housing capacity and accommodation of needed housing by Metro cities 197A.348
Definition of “needed housing.” 197A.350
Determination of housing capacity and accommodation of needed housing by Metro 197A.355
Priority of land to be included within Metro urban growth boundary 197A.358
Metro urban growth boundary designation 197A.362
Timing of Metro accommodation of needed housing 197A.365
Metro housing coordination strategy 197A.370
Metro report of performance measures 197A.372
Metro evaluation of accommodation of needed housing 197A.395
Limits on local government prohibitions 197A.400
Clear and objective approval criteria required 197A.420
Duplexes 197A.425
Accessory dwelling units 197A.430
Single room occupancies 197A.445
Affordable housing allowed outright 197A.460
Residential use of commercial lands for affordable housing 197A.465
Local requirements to develop affordable housing 197A.470
Final action on affordable housing application 197A.500
Definitions for ORS 197A.500 to 197A.521 197A.502
Legislative findings 197A.503
Preemptive effect of ORS 197A.500 to 197A.521 197A.505
Establishment of criteria for decisions in land use final order 197A.507
Procedure for review of established criteria 197A.509
Development of land use final order 197A.511
Land use final order 197A.513
Plan amendments 197A.515
Land Use Board of Appeals review of land use final order 197A.517
Supreme Court review of Land Use Board of Appeals opinion on land use final order 197A.519
Amendments to land use final order 197A.521
Failure to meet timeline

Current through early 2026

§ 197A.235. Designation of rural & urban reserves pursuant to intergovernmental agreement's source at oregon​.gov