ORS 197A.395
Limits on local government prohibitions

(1)

A local government may not prohibit from all residential zones attached or detached single-family housing, multifamily housing for both owner and renter occupancy, manufactured homes or prefabricated structures. A city or county may not prohibit government assisted housing or impose additional approval standards on government assisted housing that are not applied to similar but unassisted housing.

(2)

Intentionally left blank —Ed.

(a)

A single-family dwelling for a farmworker and the farmworker’s immediate family is a permitted use in any residential or commercial zone that allows single-family dwellings as a permitted use.

(b)

A city or county may not impose a zoning requirement on the establishment and maintenance of a single-family dwelling for a farmworker and the farmworker’s immediate family in a residential or commercial zone described in paragraph (a) of this subsection that is more restrictive than a zoning requirement imposed on other single-family dwellings in the same zone.

(3)

Intentionally left blank —Ed.

(a)

Multifamily housing for farmworkers and farmworkers’ immediate families is a permitted use in any residential or commercial zone that allows multifamily housing generally as a permitted use.

(b)

A city or county may not impose a zoning requirement on the establishment and maintenance of multifamily housing for farmworkers and farmworkers’ immediate families in a residential or commercial zone described in paragraph (a) of this subsection that is more restrictive than a zoning requirement imposed on other multifamily housing in the same zone.

(4)

A city or county may not prohibit a property owner or developer from maintaining a real estate sales office in a subdivision or planned community containing more than 50 lots or dwelling units for the sale of lots or dwelling units that remain available for sale to the public. [Formerly subsections (1) to (4) of 197.312]

Source: Section 197A.395 — Limits on local government prohibitions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors197A.­html (accessed May 26, 2025).

Law Review Citations

26 WLR 398 (1990)

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.395. Limits on local government prohibitions's source at oregon​.gov