ORS 92.100
Approval of plat by city or county surveyor

  • procedures
  • approval by county assessor and county governing body
  • fees

(1)

Intentionally left blank —Ed.

(a)

Except as provided in subsection (4) of this section, before a subdivision or partition plat that covers land within the corporate limits of a city may be recorded, the county surveyor must approve the plat.

(b)

Notwithstanding ORS 92.170 (Amending recorded plat), the governing body of the city may, by resolution or order, designate the city surveyor to serve in lieu of the county surveyor or, with concurrence of the county surveyor, a contract surveyor to act as city surveyor.

(c)

Except as provided in subsection (4) of this section, if the land is outside the corporate limits of any city, the subdivision or partition plat must be approved by the county surveyor before it is recorded.

(d)

All subdivision plats must also be approved by the county assessor and the governing body of the county in which the property is located before recording.

(e)

Notwithstanding paragraph (d) of this subsection, a county may provide by ordinance for the approval of subdivision plats by:

(A)

The county assessor; and

(B)

Intentionally left blank —Ed.
(i)
The chairperson of the governing body of the county;
(ii)
The vice chairperson of the governing body of the county; or
(iii)
A person designated in lieu of the chairperson or vice chairperson.

(f)

Intentionally left blank —Ed.

(A)

A partition plat is subject only to the approval of the city or county surveyor unless:
(i)
The partition plat includes a dedication of land for public road purposes; or
(ii)
Provided otherwise by ordinance of the governing body.

(B)

The city or county surveyor shall review the partition plat only for compliance with the survey-related provisions of ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) and 209.250 (Survey by registered land surveyor).

(2)

Before approving the subdivision plat as required by this section, the county surveyor shall check the subdivision site and the subdivision plat and shall take measurements and make computations and other determinations necessary to determine that the subdivision plat complies with the survey-related provisions of ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) and 209.250 (Survey by registered land surveyor) and with survey-related requirements established pursuant to an ordinance or resolution passed by the governing body of the controlling city or county.

(3)

Before approving the partition plat as required by this section, the county surveyor shall check the partition plat and make computations and other determinations that the partition plat complies with the survey-related provisions of ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) and 209.250 (Survey by registered land surveyor) and with the survey-related requirements established pursuant to an ordinance or resolution by the governing body of the controlling city or county.

(4)

Before a subdivision or partition plat prepared by the county surveyor in a private capacity may be recorded, the plat must be approved in accordance with subsection (2) or (3) of this section, whichever is applicable, by the surveyor of a county other than the county in which the land is located and who has been designated by the county surveyor.

(5)

For performing the service described:

(a)

In subsection (2) of this section, the county surveyor shall collect from the subdivider or declarant a fee of $100 plus $5 for each lot contained in the subdivision. The governing body of a city or county may establish a higher fee by resolution or order.

(b)

In subsection (3) of this section, the county surveyor shall collect from the partitioner or declarant a fee to be established by the governing body.

(c)

In subsection (4) of this section, the designated county surveyor shall collect the applicable subdivision or partition plat check fee, and any travel expenses incurred, as established by the designated county surveyor’s board of commissioners. The subdivision or partition plat check fee and other expenses must be paid by the subdivider, partitioner or declarant prior to approval of the subdivision or partition plat by the designated county surveyor.

(6)

Nothing in this section prohibits a city, county or special district from requiring engineering review and approval of a subdivision plat to ensure compliance with state and local subdivision requirements that relate to matters other than survey adequacy.

(7)

Granting approval or withholding approval of a final subdivision or partition plat under this section by the county surveyor, the county assessor or the governing body of a city or county, or a designee of the governing body, is not a land use decision or a limited land use decision, as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325). [Amended by 1955 c.31 §2; 1955 c.756 §14; 1957 c.688 §1; 1963 c.285 §1; 1971 c.419 §1; 1979 c.824 §1; 1989 c.772 §15; 1991 c.763 §16; 1993 c.453 §1; 1993 c.702 §6; 1999 c.1018 §6; 2003 c.381 §1; 2005 c.239 §1; 2005 c.399 §12a]

Source: Section 92.100 — Approval of plat by city or county surveyor; procedures; approval by county assessor and county governing body; fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html.

Notes of Decisions

Surveyor’s checking of subdivision or partition plat for compliance with state laws and local ordinances or resolutions is limited land use decision under ORS 197.015. Hammer v. Clackamas County, 190 Or App 473, 79 P3d 394 (2003), Sup Ct review denied

Attorney General Opinions

Nonapplicability of fee provision to city engineers and city surveyors, (1972) Vol 36, p 89; effect of county zoning ordinances on approved subdivision plat, (1973) Vol 36, p 702; compensating county surveyor from fees collected, (1979) Vol 40, p 48

92.010
Definitions for ORS 92.010 to 92.192 92.012
Compliance with ORS 92.010 to 92.192 required 92.014
Approval of city or county required for specified divisions of land 92.016
Sale or negotiation to sell lot or parcel prior to approval of tentative plan 92.017
Lawfully created units of land 92.018
Buyer’s remedies for purchase of improperly created unit of land 92.025
Prohibition of sale of lot or parcel prior to recordation of plat 92.027
Deed reference to creation of unit of land 92.031
Middle housing land division 92.040
Application for approval of subdivision or partition 92.042
Governing body having jurisdiction to approve plans, maps or plats 92.044
Adoption of standards and procedures governing approval of plats and plans 92.046
Adoption of regulations governing approval of partitioning of land 92.048
Procedure for adoption of regulations under ORS 92.044 and 92.046 92.050
Requirements of survey and plat of subdivision and partition 92.055
Requirements for unsurveyed and unmonumented parcels on plats 92.060
Marking subdivision, partition or condominium plats with monuments 92.065
Monumenting certain subdivision corners after recording plat 92.070
Surveyor’s certificates 92.075
Declaration required to subdivide or partition property 92.080
Preparation of plat 92.090
Approval of subdivision plat names 92.095
Payment of taxes, interest or penalties before subdivision or partition plat recorded 92.097
Employment of registered engineer by private developer 92.100
Approval of plat by city or county surveyor 92.103
Notice to district of tentative plan 92.104
District to report boundary locations 92.105
Time limit for final action by city or county on tentative plan 92.120
Recording plats 92.130
Additional tracings transferred to county surveyor 92.140
Indexing of plats 92.150
Construction of donations marked on plat 92.160
Notice to Real Estate Commissioner of receipt of subdivision plat 92.170
Amending recorded plat 92.175
Methods by which certain land may be provided for public purposes 92.176
Validation of unit of land not lawfully established 92.177
Creation of parcel by less than all owners of lawfully established unit of land 92.178
Creation of parcel previously approved but not acted upon 92.179
Liability for costs of relocating utility facilities 92.180
Authority to review replats 92.185
Reconfiguration of lots or parcels and public easements 92.190
Effect of replat 92.192
Property line adjustment 92.205
Policy 92.215
Review authorized 92.225
Review of undeveloped or developed subdivision plat lands 92.234
Revision, vacation of undeveloped subdivisions 92.245
Fees for review proceedings resulting in modification or vacation 92.285
Retroactive ordinances prohibited 92.305
Definitions for ORS 92.305 to 92.495 92.313
Policy 92.317
Policy 92.325
Application of ORS 92.305 to 92.495 92.337
Exemption procedures 92.339
Use of fees 92.345
Notice of intention 92.355
Commissioner may request further information 92.365
Filing information to be kept current 92.375
Consent to service of process on commissioner 92.377
Written notice to land division applicant 92.385
Examination 92.395
Waiver of examination in this state 92.405
Sale prohibited where public report not waived 92.410
Review of subdivisions for which public report issued 92.415
Advance of travel expense for examination of subdivision or series partition 92.425
Conditions prerequisite to sale 92.427
Cancellation of agreement to buy interest in subdivision or series partition 92.430
Notice to purchaser of cancellation rights 92.433
Escrow documents required of successor to vendor’s interest 92.455
Inspection of records 92.460
Blanket encumbrance permitted only in certain circumstances 92.465
Fraud and deceit prohibited 92.475
False or misleading advertising prohibited 92.485
Waiver of legal rights void 92.490
Civil penalty 92.495
Cease and desist order 92.830
Definitions for ORS 92.830 to 92.845 92.832
Policy 92.835
Subdivision of manufactured dwelling park or mobile home park 92.837
Application of city or county comprehensive plans and land use regulations 92.839
Notice to tenants of conversion and tenants’ rights during conversion 92.840
Sale of subdivision lots 92.843
Approval of declaration or amendment to declaration made pursuant to ORS 92.845 92.845
Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes 92.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 92.100’s source at oregon​.gov