Building Code

ORS 455.175
Restriction on city or county refusal of building permit in residential subdivision


As used in this section:


“Conditions of development” means requirements that, as part of a residential subdivision, a developer, declarant or owner must construct public improvements that are contained in:


A development agreement under ORS 94.504 (Development agreements) to 94.528 (Recording);


Conditions of approval under ORS 92.040 (Application for approval of subdivision or partition), 215.416 (Permit application) or 227.175 (Application for permit or zone change); or


Any other agreement with, or conditional approval by, a local government.


“Residential subdivision” means a residential development requiring a developer, declarant or owner to subdivide land, as defined in ORS 92.010 (Definitions for ORS 92), and to obtain a permit under ORS 215.416 (Permit application) or 227.175 (Application for permit or zone change).


“Substantial completion” means the city, county or other appropriate public body has inspected, tested and found acceptable under applicable code requirements, unless the parties agree to a lower standard:


The water supply system;


The fire hydrant system;


The sewage disposal system;


The storm water drainage system, excepting any landscaping requirements that are part of the system;


The curbs;


The demarcating of street signs acceptable for emergency responders; and


The roads necessary for access by emergency vehicles.


A city or county may not deny a building permit allowing the construction of residential dwellings under a residential subdivision on the basis that the conditions of development have not been met, if:


Substantial completion of conditions of development for the residential subdivision occurs; and


The developer, declarant or owner, to secure the completion of the remaining public improvements included as conditions of development for the residential subdivision:


Obtains and maintains a bond; or


Undertakes an alternative form of financial guarantee, if any, that is acceptable to, but may not be required by, the city or county.


Subsection (2) of this section does not prevent a city or county from declining to issue certificates of occupancy for any residential dwellings if all conditions of development are not fully completed or the conditions for the release of the bond are not fulfilled. [2019 c.397 §1]
Note: 455.175 (Restriction on city or county refusal of building permit in residential subdivision) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.


Last accessed
May 30, 2023