ORS 197A.200
Local government planning for needed housing
(1)
The availability of affordable, decent, safe and sanitary housing opportunities for persons of lower, middle and fixed income, including agriculture workforce housing, is a matter of statewide concern.(2)
Many persons of lower, middle and fixed income depend on government assisted housing as a source of affordable, decent, safe and sanitary housing.(3)
A local government shall permit needed housing in one or more zoning districts or in zones described by some comprehensive plans as overlay zones with sufficient buildable land to satisfy that need. [Formerly subsections (1) to (3) of 197.307](1)
Encourage local governments to provide an adequate supply of land within urban growth boundaries that is dedicated to affordable housing;(2)
Encourage the development of affordable housing on land dedicated to affordable housing; and(3)
Protect land dedicated to affordable housing from conversion to other uses before or after the development of affordable housing. [2016 c.52 §3](2)
A local government may nominate a pilot project that provides a site dedicated to affordable housing within the jurisdiction of the local government.(3)
When nominating a pilot project for the site selection process, a local government shall:(a)
Submit a concept plan for the pilot project, including any proposed amendments to the comprehensive plan and land use regulations required to implement the pilot project; and(b)
Demonstrate that the landowner of the site has agreed to designation of the landowner’s property as a pilot project for the purposes of sections 2 to 9, chapter 52, Oregon Laws 2016.(4)
The commission shall select pilot projects that are:(a)
Reasonably likely to provide a site for affordable housing that would not otherwise be provided without the special provisions of the pilot program;(b)
Reasonably likely to serve identified populations in the area that require affordable housing;(c)
Adjacent to the city’s existing urban growth boundary;(d)
Near public facilities and services, including roadways and an identified transit corridor to serve the area, or for which public facilities and services are planned and reasonably likely to be provided at a reasonable cost in the near future;(e)
Located, planned and zoned to avoid or minimize adverse effects on natural resources and nearby farm and forest uses if the pilot project would require amending an urban growth boundary to include the pilot project site; and(f)
Nominated by a local government that demonstrates efforts by the local government to accommodate and encourage the development of needed housing within its existing urban growth boundary.(5)
The following local governments are not eligible for nomination or selection under the pilot program:(a)
Clackamas, Marion, Multnomah, Polk and Washington Counties and cities within Clackamas, Marion, Multnomah, Polk and Washington Counties;(b)
Metro and cities and counties included in the Metro urban growth boundary; and(c)
Local governments within Jefferson County that are served by the North Unit Irrigation District.(6)
In addition to the pilot projects selected by the commission under subsection (1) of this section, the commission may select a nominated pilot project that:(a)
Is submitted by the City of Pendleton; and(b)
Complies with the requirements of subsections (3) and (4) of this section. [2016 c.52 §4; 2019 c.32 §1; 2021 c.112 §1; 2023 c.221 §1](a)
Define “affordable housing”;(b)
Specify types of affordable housing allowed on pilot project sites, including sites that are used as manufactured dwelling parks;(c)
Limit the total acreage of all lots and parcels included in each pilot project site to not greater than 50 acres; and(d)
Specify local government efforts that serve to demonstrate that the local government is accommodating and encouraging development of needed housing within its existing urban growth boundary.(2)
The commission shall specify by rule related requirements for affordable housing that may include a sales price or rental rate range, taking into consideration:(a)
Housing prices within the region compared to the income of residents of that region;(b)
The availability of government assisted housing in the region;(c)
The need for sites to accommodate manufactured dwellings, as defined in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285), due to the conversion of manufactured dwelling parks or mobile home parks in the region to other uses; and(d)
Other relevant factors as identified by the commission.(3)
The commission may adopt rules that authorize mixed income housing developments that include affordable housing on pilot project sites. [2016 c.52 §5](2)
An amendment to an urban growth boundary pursuant to this section must identify the specific goal and rule requirements related to urban growth boundaries from which a local government is exempt for the purpose of implementing the pilot program.(3)
Pilot project sites included within an urban growth boundary amended pursuant to this section must:(a)
Be dedicated to affordable housing; and(b)
Remain planned and zoned for affordable housing, except as otherwise provided in rules adopted pursuant to section 5 (3) of this 2016 Act. [2016 c.52 §6](2)
The local government of a pilot project site selected by the commission shall ensure that housing developed on the site continues to be used to provide affordable housing for a period of at least 50 years after the selection of the pilot project site through:(a)
Zoning restrictions;(b)
Guaranteed rental rates or sales prices;(c)
Incentives, contract commitments, density bonuses or other voluntary regulations, provisions or conditions designed to increase the supply of moderate or lower cost housing units;(d)
Other regulations, provisions or conditions determined by the local government to be effective in maintaining the affordability of housing on land selected for a pilot project under section 4 of this 2016 Act; or(e)
Restrictive agreements entered into with sources of affordable housing funding.(3)
The local government of a pilot project site selected by the commission may authorize a mix of affordable housing and other housing types on the site, provided that the percentage of affordable housing units developed on the site meets or exceeds requirements specified in rules adopted by the commission pursuant to section 5 (3) of this 2016 Act. [2016 c.52 §7](2)
A local government may not use sections 2 to 9 of this 2016 Act to bring high-value farmland, as determined by the commission, within its urban growth boundary.(3)
The inclusion of pilot project sites dedicated to affordable housing within an urban growth boundary pursuant to sections 2 to 9 of this 2016 Act does not authorize a local government to convert buildable lands within the urban growth boundary that are planned for needed housing, as defined in ORS 197.303 [renumbered 197A.348 (Definition of “needed housing.”)], to other uses.(4)
Notwithstanding ORS 197.309 (2) [renumbered 197A.465 (Local requirements to develop affordable housing) (2)], for a pilot project site selected under section 4 of this 2016 Act, and affordable housing developed on a selected pilot project site, a local government may take any action described in ORS 197.309 that has the effect of establishing the sales price for a housing unit or residential building lot or parcel, or that requires a housing unit or residential building lot or parcel to be designated for sale to a particular class or group of purchasers.(5)
Sections 2 to 9 of this 2016 Act do not constitute a statutory contract. A pilot project site selected under section 4 of this 2016 Act and affordable housing developed on a selected pilot project site remain subject to new or additional regulatory requirements authorized by law, statewide land use planning goals and land use regulations implementing the goals.(6)
As used in this section, “lot” and “parcel” have the meanings given those terms in ORS 92.010 (Definitions for ORS 92.010 to 92.192). [2016 c.52 §8](1)
At least once during each of three consecutive regular sessions of the Legislative Assembly, beginning with the 2017 regular session of the Legislative Assembly; and(2)
At least once following adjournment sine die of the regular sessions of the Legislative Assembly described in subsection (1) of this section, but no later than the convening of the next regular session of the Legislative Assembly. [2016 c.52 §9](2)
Section 4, chapter 52, Oregon Laws 2016, as amended by section 1, chapter 32, Oregon Laws 2019, section 1, chapter 112, Oregon Laws 2021, and section 1 of this 2023 Act, is repealed on January 2, 2028. [2021 c.112 §2; 2023 c.221 §2](1)
“City” means the City of Bend.(2)
“Council” has the meaning given that term in ORS 227.010 (Definition for ORS 227.030 to 227.300).(3)
“Planning commission” means a planning commission described in ORS 227.090 (Powers and duties of commission).(4)
“Stevens Road planning amendments” means amendments to the city’s comprehensive plans, land use regulations or zoning maps that affect the development of the Stevens Road tract.(5)
“Stevens Road tract” means land that:(a)
Is located in tax lot 100 of section 11, township 18 south, range 12 east of the Willamette Meridian in Deschutes County;(b)
Was conveyed to the Department of State Lands through a lot line adjustment bargain and sale deed recorded on October 17, 2019, in the deed records of Deschutes County under recorder number 2019-39926; and(c)
Consists of 261.66 acres, more or less. [2021 c.552 §2](a)
Are not land use decisions, as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and 197A).(b)
If taken by the city, are not subject to any review except by the Department of Land Conservation and Development under sections 2 to 9 of this 2021 Act.(c)
If taken by the department, are not considered rulemaking and are not subject to ORS 183.325 (Delegation of rulemaking authority to named officer or employee) to 183.410 (Agency determination of applicability of rule or statute to petitioner) or 183.710 (Definitions for ORS 183.710 to 183.730) to 183.730 (Review of rule by Oregon Sunshine Committee) and, notwithstanding ORS 183.484 (Jurisdiction for review of orders other than contested cases) or 183.485 (Decision of court on review of contested case), are appealable directly to the Court of Appeals.(d)
If taken under an exercise of discretion authorized under sections 2 to 9 of this 2021 Act, are a final action, are entitled to deference and are not subject to an evidentiary review on appeal notwithstanding ORS 34.040 (When allowed) (1)(c), 183.482 (Jurisdiction for review of contested cases) (8)(c) or 183.484 (Jurisdiction for review of orders other than contested cases) (5)(c).(2)
If the department approves Stevens Road planning amendments under sections 7 to 9 of this 2021 Act:(a)
Any subsequent land use decision within the Stevens Road tract is a land use decision subject to the ordinary procedures and requirements of ORS chapters 197 [series became ORS chapters 197 and 197A] and 227, statewide land use planning goals, rules adopted by the Land Conservation and Development Commission or the department, the city’s comprehensive plan and land use regulations and the requirements set forth in section 9 (1) of this 2021 Act.(b)
Violations of sections 2 to 9 of this 2021 Act may be the basis for the initiation of enforcement action under ORS 197.319 (Procedures prior to request of an enforcement order) to 197.335 (Order for compliance with goals). [2021 c.552 §3](1)
The city has submitted a letter to the department expressing the city’s nonbinding intent to consider a conceptual plan under section 5 of this 2021 Act; and(2)
The owner of the Stevens Road tract has:(a)
Submitted a letter to the department giving its consent to the city’s pursuit of the urban growth boundary expansion and planning amendments under sections 6 to 9 of this 2021 Act; and(b)
Established an agreement with the city that:(A)
Is binding on the successors of the owners;(B)
Is contingent upon the final approval of the planning amendments; and(C)
Establishes the essential terms, including the price per acre, but not requiring that specific lands be designated, for the department’s conveyances to the city of real property consistent with section 9 (2) and (3) of this 2021 Act. [2021 c.552 §4](a)
Explains in general terms the expected Stevens Road planning amendments, including intended uses and zoning of the Stevens Road tract; and(b)
Explains the factual basis and reasons for the expected Stevens Road planning amendments.(2)
At least 14 days before each opportunity for public participation under subsection (3) of this section, the city must provide published notice of the opportunity.(3)
Before consideration of a conceptual plan, the city must provide opportunities for public participation, including at least:(a)
A public open house;(b)
A meeting of the city’s planning commission where public testimony is considered;(c)
A meeting of the city’s council where public testimony is considered; and(d)
A public comment period.(4)
Before consideration of a conceptual plan, the city must consult with, and provide the opportunity for written comment from, the owner of the Stevens Road tract and the Department of Land Conservation and Development.(5)
The city may not submit an approved conceptual plan to the department after July 1, 2022.(6)
The department may approve the conceptual plan if:(a)
The department has received the letters described in section 4 of this 2021 Act; and(b)
In the department’s discretion, considering the conceptual plan along with any supporting documentation and relevant public comment, the proposed development of the Stevens Road tract would be capable of meeting the requirements of sections 7 to 9 of this 2021 Act.(7)
The department may not approve an urban growth boundary expansion or Stevens Road planning amendments under sections 6 to 9 of this 2021 Act unless the department has approved the city’s conceptual plan under this section.(8)
No later than 90 days after receiving a conceptual plan, the department shall approve or remand the conceptual plan by written notice delivered to the city.(9)
No later than 90 days after receiving a notice of remand, the city may approve and submit an amended conceptual plan to the department for review under this section. [2021 c.552 §5](a)
The department has received the letters required by section 4, chapter 552, Oregon Laws 2021;(b)
The department has approved the city’s conceptual plan under section 5, chapter 552, Oregon Laws 2021; and(c)
The proposed urban growth boundary expansion adds all of the Stevens Road tract and no other lands to the area within the city’s urban growth boundary.(2)
The city shall include the lands brought within the city’s urban growth boundary under this section in the city’s inventory of buildable lands under section 22 of this 2023 Act [197A.270 (Determination of housing capacity and accommodation of needed housing by cities with population of 25,000 or greater)]. [2021 c.552 §6; 2023 c.13 §103](a)
The department has received the letters required by section 4 of this 2021 Act;(b)
The department has approved the city’s conceptual plan under section 5 of this 2021 Act;(c)
The department has approved an expansion of the city’s urban growth boundary under section 6 of this 2021 Act;(d)
The proposed Stevens Road planning amendments were approved by the city through an ordinance adopted and submitted to the department under section 8 of this 2021 Act;(e)
The proposed Stevens Road planning amendments comply with the requirements and standards in section 9 of this 2021 Act; and(f)
The Stevens Road planning amendments are submitted on or before January 1, 2025.(2)
The Stevens Road planning amendments submitted under sections 7 to 9 of this 2021 Act are not operable until they are approved by the department.(3)
The department may consider public comments and testimony before considering approval of the Stevens Road planning amendments.(4)
The department shall approve, remand or remand in part the Stevens Road planning amendments within 180 days. Notwithstanding subsection (1)(f) of this section, within 180 days of a remand, the city may resubmit Stevens Road planning amendments for approval under sections 7 to 9 of this 2021 Act. [2021 c.552 §7](2)
At least 20 days before each opportunity for public participation under subsection (3) of this section, the city must provide broad public notice of the opportunity, including notice through the city’s newsletter, online social media, website and electronic mail lists and any other form of public notice commonly used by the city for land use matters.(3)
Before consideration of an ordinance under this section, the city must provide opportunities for public participation, including at least:(a)
A public open house;(b)
A meeting of the city’s planning commission where public testimony is considered;(c)
A meeting of the city’s council where public testimony is considered;(d)
A public comment period; and(e)
Any other opportunity for public participation required by city ordinance or regulation before adoption of amendments to a comprehensive plan or enactment of land use regulations.(4)
At least seven days before consideration of an ordinance under this section, the city’s council must receive written recommendations from the city’s planning commission on the Stevens Road planning amendments.(5)
Before consideration of an ordinance under this section, the city must consult with, and provide opportunity for written comment from:(a)
Any owner of the Stevens Road tract;(b)
The Department of Land Conservation and Development;(c)
Deschutes County;(d)
The Bend Park and Recreation District; and(e)
Any other local government or special district with jurisdiction over the Stevens Road tract or whose service is likely to be impacted by development of the Stevens Road tract.(6)
Within 10 days after adoption of an ordinance under this section, the city shall submit a copy of the ordinance and any supporting information to the department. [2021 c.552 §8](a)
An inventory of significant historical artifacts, cultural sites and natural resources.(b)
Areas designated for recreational and open space.(c)
Land use regulations for the protection and preservation of significant resources and designated areas identified in paragraphs (a) and (b) of this subsection.(d)
Land use regulations that comply with applicable wildfire planning and development requirements, including requirements in regulations adopted to implement a statewide planning goal relating to natural disasters and hazards.(e)
Areas designated for adequate employment lands that account for the city’s most recent economic opportunity analysis, including consideration of subsequent economic development activities and trends.(f)
Within areas zoned for residential purposes, without counting the lands designated under subsection (2) of this section, land use regulations for housing that:(A)
Ensure adequate opportunities for the development of all needed housing types, sizes and densities of market-rate housing, including middle housing as defined in ORS 197.758 [renumbered 197A.420 (Duplexes)];(B)
Exceed the proportions of single-family attached and multifamily housing called for in the city’s most recently adopted housing needs analysis under ORS 197.296 (3) (2021 Edition);(C)
Exceed a minimum density standard of nine residential units per gross residential acre; and(D)
On the date the Stevens Road planning amendments are approved, comply with land use regulations adopted by the city, or any minimum applicable rules adopted by the department, to implement ORS 197.758 and the amendments to ORS 197.312 [renumbered 197A.395 (Limits on local government prohibitions) and 197A.425 (Accessory dwelling units)] by section 7, chapter 639, Oregon Laws 2019.(g)
Sufficient areas designated for mixed use development to support and integrate viable commercial and residential uses along with transportation options, including walking, bicycling and transit use.(h)
Land use regulations ensuring that:(A)
Adequate capacity is available, or feasible with development, for water, sewer and storm water services; and(B)
Adequate consideration is given to the financing, scheduling and development of urban services, as defined in ORS 195.065 (Agreements required).(i)
Land use regulations for transportation that:(A)
Ensure the development of adequate infrastructure to support walking, bicycling, public transit and motor vehicle movement; and(B)
Give adequate consideration to transportation networks that connect the Stevens Road tract to other areas within the urban growth boundary of the city.(j)
The adequate consideration of the recommendations and comments received under section 8 (3) to (5), chapter 552, Oregon Laws 2021.(2)
The department may not approve the planning amendments under subsection (1) of this section unless the planning amendments designate at least 20 net acres of land to be:(a)
Restricted so the area may be zoned, planned, sited or developed only for residential housing units at a minimum density of nine residential units per gross acre;(b)
Conveyed to the city at a price per acre established under section 4 (2)(b), chapter 552, Oregon Laws 2021; and(c)
Notwithstanding ORS 91.225 (Local rent control prohibited) or 197.309 [renumbered 197A.465 (Local requirements to develop affordable housing)], preserved for a period of no less than 50 years as affordable to own or rent as follows:(A)
At least 12 net acres made affordable to:(i)
Households with incomes of 60 percent or less of the area median income, as defined in ORS 456.270 (Definitions for ORS 456.270 to 456.295); or(ii)
If part of an income-averaging program approved by the Housing and Community Services Department, households whose incomes average 60 percent or less of the area median income.(B)
At least six net acres:(i)
Made affordable to households with incomes of 80 percent or less of the area median income; and(ii)
Made available, to the extent permitted by law, in a manner that gives a priority to households in which at least one individual is employed by an education provider over other members of the public.(C)
At least two net acres in which at least 80 percent of the units in each contiguous development tract are made affordable to households with 80 percent or less of the area median income, of which at least one net acre is made available, to the extent permitted by law, in a manner that gives a priority to households in which at least one individual is employed by an education provider over other members of the public.(3)
Upon a partition or subdivision of the Stevens Road tract following the approval of the planning amendments under subsection (1) of this section establishing one or more lots or parcels described in subsection (2) of this section, the owner shall transfer those lots or parcels to the city. For a period of 99 years after the purchase of property under this section, if the city resells any lot or parcel, the city may recover only the city’s costs of the purchase and resale of the property.(4)
Neither the city nor the Department of Land Conservation and Development is obligated to adopt any specific findings or evaluate any specific criteria in exercising its discretion with respect to any Stevens Road planning amendments under this section and may receive, solicit or consider information from any source.(5)
As used in this section, “education provider” means a school district as defined in ORS 332.002 (Definitions for chapter), an educational program under the Youth Corrections Education Program or Juvenile Detention Education Program as both are defined in ORS 326.695 (Definitions for ORS 326.700 and 326.712), or an education service district as defined in ORS 334.003 (Definitions for chapter). [2021 c.552 §9; 2023 c.13 §104](2)
Lands designated by an executive order under this section must be within a site that consists of one or more tracts of land that are:(a)
Contiguous to the city’s existing urban growth boundary;(b)
Entirely within three miles of the city’s existing urban growth boundary; and(c)
Not within areas designated as acknowledged urban reserves or rural reserves under ORS 195.144 (1), (2)(c) to (e) or (3) [renumbered 197A.250 (Designation of certain Washington County lands) (1), (2)(c) to (e) or (3)].(3)
Before issuing an executive order under this section, the Governor shall:(a)
Conduct one public meeting, in coordination with the city nearest to the site and each county in which the site is located, to be held in that city for the purpose of discussing bringing within the urban growth boundary the lands or potential lands;(b)
Accept public comments for a period of no fewer than 20 days following the public meeting in paragraph (a) of this subsection; and(c)
Make a determination that existing lands within an urban growth boundary in this state would not meet the needs of the specific project.(4)
A determination made by the Governor under subsection (3)(c) of this section is final and not subject to appeal.(5)
The Governor may designate up to a maximum of eight sites, as follows:(a)
Two sites that exceed 500 acres; and(b)
Six sites that do not exceed 500 acres.(6)
Notwithstanding any other provision of this chapter [series became ORS chapters 197 and 197A] or ORS chapter 195, 215, 227 or 268 or any statewide land use planning goal, lands designated in an executive order under this section are considered to be within the acknowledged urban growth boundary, as described in this chapter [series became ORS chapters 197 and 197A] and ORS chapter 268, as of the date of the executive order.(7)
Intentionally left blank —Ed.(a)
Jurisdiction is conferred upon the Supreme Court to determine the legal effect of subsections (1) to (6) of this section or the legal effect of any order issued by the Governor under subsections (1) to (6) of this section.(b)
A person who is or will be adversely affected by subsections (1) to (6) of this section or by an order issued by the Governor under subsections (1) to (6) of this section may institute a proceeding for review of the order only by filing a petition with the Supreme Court within 60 days following:(A)
The effective date of this 2023 Act [April 13, 2023]; or(B)
The date of issuance of an executive order that is being challenged by the petition.(c)
A copy of the petition must be served on the Attorney General and Governor.(d)
If the Supreme Court determines that the petition contains factual issues, the Supreme Court may appoint a special master to hear evidence and to prepare recommended findings of fact.(e)
Proceedings for review under this section shall be given priority over all other matters before the Supreme Court.(8)
Notwithstanding any other provision of this chapter [series became ORS chapters 197 and 197A] or ORS chapter 195, 215, 227 or 268 or any statewide land use planning goal, the Land Conservation and Development Commission shall treat as acknowledged, as described in this chapter [series became ORS chapters 197 and 197A], an amendment to a comprehensive plan or an adoption of or amendment to a land use regulation made by a local government with land use jurisdiction over the lands designated under subsection (1) of this section, if:(a)
The enactment or amendment is passed by an ordinance of the governing body of the county after a public hearing;(b)
The ordinance is to allow the use of the land for industrial uses under subsection (1) of this section;(c)
The ordinance is adopted no later than six months following the entry of the executive order designating the lands; and(d)
A copy of the ordinance is delivered to the Land Conservation and Development Commission within 14 days after passage. [2023 c.25 §10]
Source:
Section 197A.200 — Local government planning for needed housing, https://www.oregonlegislature.gov/bills_laws/ors/ors197A.html (accessed May 26, 2025).