USA Statutes : oregon
Title : TITLE 19 MISCELLANEOUS MATTERS RELATED TO GOVERNMENT AND PUBLIC AFFAIRS
Chapter : Chapter 195 Local Government Planning Coordination
(1) Special
districts shall exercise their planning duties, powers and
responsibilities and take actions that are authorized by law with respect
to programs affecting land use, including a city or special district
boundary change as defined in ORS 197.175 (1), in accordance with goals
approved pursuant to ORS chapters 195, 196 and 197.

(2) A county assigned coordinative functions under ORS 195.025 (1),
or the Metropolitan Service District, which is assigned coordinative
functions for Multnomah, Washington and Clackamas counties by ORS 195.025
(1), shall enter into a cooperative agreement with each special district
that provides an urban service within the boundaries of the county or the
metropolitan district. A county or the Metropolitan Service District may
enter into a cooperative agreement with any other special district
operating within the boundaries of the county or the metropolitan
district.

(3) The appropriate city and county and, if within the boundaries
of the Metropolitan Service District, the Metropolitan Service District,
shall enter into a cooperative agreement with each special district that
provides an urban service within an urban growth boundary. The
appropriate city and county, and the Metropolitan Service District, may
enter into a cooperative agreement with any other special district
operating within an urban growth boundary.

(4) The agreements described in subsection (2) of this section
shall conform to the requirements of paragraphs (a) to (d), (f) and (g)
of this subsection. The agreements described in subsection (3) of this
section shall:

(a) Describe how the city or county will involve the special
district in comprehensive planning, including plan amendments, periodic
review and amendments to land use regulations;

(b) Describe the responsibilities of the special district in
comprehensive planning, including plan amendments, periodic review and
amendments to land use regulations regarding provision of urban services;

(c) Establish the role and responsibilities of each party to the
agreement with respect to city or county approval of new development;

(d) Establish the role and responsibilities of the city or county
with respect to district interests including, where applicable, water
sources, capital facilities and real property, including rights of way
and easements;

(e) Specify the units of local government which shall be parties to
an urban service agreement under ORS 195.065;

(f) If a Metropolitan Service District is a party to the agreement,
describe how the Metropolitan Service District will involve the special
district in the exercise of the Metropolitan Service District’s regional
planning responsibilities; and

(g) Contain such other provisions as the Land Conservation and
Development Commission may require by rule.

(5) Agreements required under subsections (2) and (3) of this
section are subject to review by the commission. The commission may
provide by rule for periodic submission and review of cooperative
agreements to insure that they are consistent with acknowledged
comprehensive plans. [Formerly 197.185]
(1) In addition to the responsibilities stated in ORS 197.175, each
county, through its governing body, shall be responsible for coordinating
all planning activities affecting land uses within the county, including
planning activities of the county, cities, special districts and state
agencies, to assure an integrated comprehensive plan for the entire area
of the county. In addition to being subject to the provisions of ORS
chapters 195, 196 and 197 with respect to city or special district
boundary changes, as defined by ORS 197.175 (1), the governing body of
the Metropolitan Service District shall be considered the county review,
advisory and coordinative body for Multnomah, Clackamas and Washington
Counties for the areas within that district.

(2) For the purposes of carrying out ORS chapters 195, 196 and 197,
counties may voluntarily join together with adjacent counties as
authorized in ORS 190.003 to 190.620.

(3) Whenever counties and cities representing 51 percent of the
population in their area petition the Land Conservation and Development
Commission for an election in their area to form a regional planning
agency to exercise the authority of the counties under subsection (1) of
this section in the area, the commission shall review the petition. If it
finds that the area described in the petition forms a reasonable planning
unit, it shall call an election in the area on a date specified in ORS
203.085, to form a regional planning agency. The election shall be
conducted in the manner provided in ORS chapter 255. The county clerk
shall be considered the elections officer and the commission shall be
considered the district elections authority. The agency shall be
considered established if the majority of votes favor the establishment.

(4) If a voluntary association of local governments adopts a
resolution ratified by each participating county and a majority of the
participating cities therein which authorizes the association to perform
the review, advisory and coordination functions assigned to the counties
under subsection (1) of this section, the association may perform such
duties. [Formerly 197.190] The coordinating
body under ORS 195.025 (1) shall establish and maintain a population
forecast for the entire area within its boundary for use in maintaining
and updating comprehensive plans, and shall coordinate the forecast with
the local governments within its boundary. [1995 c.547 §7 (enacted in
lieu of 195.035)]
Upon the expiration of one year after the date of the approval of the
goals and guidelines and annually thereafter, each county governing body,
upon request of the Land Conservation and Development Commission, shall
report to the commission on the status of comprehensive plans within each
county. Each report shall include:

(1) Copies of comprehensive plans reviewed by the county governing
body and copies of land use regulations applied to areas of critical
state concern within the county.

(2) For those areas or jurisdictions within the county without
comprehensive plans, a statement and review of the progress made toward
compliance with the goals. [Formerly 197.260](Urban Service Agreements)As used in ORS 195.020, 195.065 to 195.085 and
197.005, unless the context requires otherwise:

(1) “District” has the meaning given that term in ORS 198.010. In
addition, the term includes a county service district organized under ORS
chapter 451.

(2) “Urban growth boundary” means an acknowledged urban growth
boundary contained in a city or county comprehensive plan or an
acknowledged urban growth boundary that has been adopted by a
metropolitan service district council under ORS 268.390 (3).

(3) “Urban service” has the meaning given that term in ORS 195.065.
[1993 c.804 §12] (1)
Under ORS 190.003 to 190.130, units of local government and special
districts that provide an urban service to an area within an urban growth
boundary that has a population greater than 2,500 persons, and that are
identified as appropriate parties by a cooperative agreement under ORS
195.020, shall enter into urban service agreements that:

(a) Specify whether the urban service will be provided in the
future by a city, county, district, authority or a combination of one or
more cities, counties, districts or authorities.

(b) Set forth the functional role of each service provider in the
future provision of the urban service.

(c) Determine the future service area for each provider of the
urban service.

(d) Assign responsibilities for:

(A) Planning and coordinating provision of the urban service with
other urban services;

(B) Planning, constructing and maintaining service facilities; and

(C) Managing and administering provision of services to urban users.

(e) Define the terms of necessary transitions in provision of urban
services, ownership of facilities, annexation of service territory,
transfer of moneys or project responsibility for projects proposed on a
plan of the city or district prepared pursuant to ORS 223.309 and merger
of service providers or other measures for enhancing the cost efficiency
of providing urban services.

(f) Establish a process for review and modification of the urban
service agreement.

(2)(a) Each county shall have responsibility for convening
representatives of all cities and special districts that provide or
declare an interest in providing an urban service inside an urban growth
boundary within the county, for the purpose of negotiating an urban
service agreement. A county may establish two or more subareas inside an
urban growth boundary for the purpose of such agreements. If an urban
service is to be provided within the boundaries of a Metropolitan Service
District, a county shall notify the Metropolitan Service District in
advance of the time for cities and special districts to meet for the
purpose of negotiating an urban service agreement, and the Metropolitan
Service District shall exercise its review, advisory and coordination
functions under ORS 195.025.

(b) When negotiating for an urban service agreement, a county shall
consult with recognized community planning organizations within the area
affected by the urban service agreement.

(3) Decisions on a local government structure to be used to deliver
an urban service under ORS 195.070 are not land use decisions under ORS
197.015.

(4) For purposes of ORS 195.020, 195.070, 195.075, 197.005 and this
section, “urban services” means:

(a) Sanitary sewers;

(b) Water;

(c) Fire protection;

(d) Parks;

(e) Open space;

(f) Recreation; and

(g) Streets, roads and mass transit.

(5) Whether the requirement of subsection (1) of this section is
met by a single urban service agreement among multiple providers of a
service, by a series of agreements with individual providers or by a
combination of multiprovider and single-provider agreements shall be a
matter of local discretion. [1993 c.804 §3] (1) The following factors shall be
considered in establishing urban service agreements under ORS 195.065:

(a) Financial, operational and managerial capacity to provide the
service;

(b) The effect on the cost of the urban service to the users of the
service, the quality and quantity of the service provided and the ability
of urban service users to identify and contact service providers, and to
determine their accountability, with ease;

(c) Physical factors related to the provision of the urban service;

(d) The feasibility of creating a new entity for the provision of
the urban service;

(e) The elimination or avoidance of unnecessary duplication of
facilities;

(f) Economic, demographic and sociological trends and projections
relevant to the provision of the urban service;

(g) The allocation of charges among urban service users in a manner
that reflects differences in the costs of providing services to the users;

(h) Matching the recipients of tax supported urban services with
the payers of the tax;

(i) The equitable allocation of costs between new development and
prior development; and

(j) Economies of scale.

(2) The extent of consideration of the factors set forth in
subsection (1) of this section is a matter of local government and
special district discretion. [1993 c.804 §4] (1) Urban service
agreements entered into under ORS 195.065 shall provide for the
continuation of an adequate level of urban services to the entire area
that each provider serves. If an urban service agreement calls for
significant reductions in the territory of a special service district,
the urban service agreement shall specify how the remaining portion of
the district is to receive services in an affordable manner.

(2) Units of local government and special districts that enter into
an urban service agreement shall consider the agreement’s effect on the
financial integrity and operational ability of each service provider and
its protection of the solvency and commitments of affected service
providers. When an urban service agreement provides for the elimination,
consolidation or reduction in size of a service provider, the urban
service agreement shall address:

(a) The capital debt of the provider and short- and long-term
finances;

(b) Rates;

(c) Employee compensation, benefits and job security; and

(d) Equality of service. [1993 c.804 §5]Nothing in ORS 195.020, 195.060 to 195.085, 195.145 to
195.235, 197.005, 197.319, 197.320, 197.335 and 223.304 shall be
construed to prevent planning for, installation of or connection to
public facilities or services consistent with acknowledged comprehensive
plans and land use regulations. [1993 c.804 §6] (1) No later than the first periodic
review that begins after November 4, 1993, local governments and special
districts shall demonstrate compliance with ORS 195.020 and 195.065.

(2) The Land Conservation and Development Commission may adjust the
deadline for compliance under this section when cities and counties that
are parties to an agreement under ORS 195.020 and 195.065 are scheduled
for periodic review at different times.

(3) Local governments and special districts that are parties to an
agreement in effect on November 4, 1993, which provides for the future
provision of an urban service shall demonstrate compliance with ORS
195.065 no later than the date such agreement expires or the second
periodic review that begins after November 4, 1993, whichever comes
first. [1993 c.804 §§7,8](School Facility Planning)
(1)(a) A county or city containing a high growth school district shall
include as an element of its comprehensive plan a school facility plan
prepared by the high growth district in cooperation with the city or
county.

(b) A county or city containing a high growth area shall initiate
planning activities with a school district to accomplish planning as
required under ORS 195.020.

(c) The provisions of paragraph (a) of this subsection do not apply
to a city that contains less than 10 percent of the total population of a
high growth school district.

(2) As used in this section, “high growth school district” means
any school district that has an enrollment of over 5,000 students and had
an increase in student enrollment of six percent or more during the three
most recent school years, based on certified enrollment numbers submitted
to the Department of Education during the first quarter of each new
school year.

(3) The school facility plan shall identify school facility needs
based on population growth projections and land use designations
contained in the city or county comprehensive plan. The plan shall be
updated during periodic review and may be updated more frequently by
mutual agreement between the school district and the county or city.

(4)(a) In the school facility plan, a high growth school district
shall assess the capacity of school facilities on the basis of objective
criteria that are formally approved by the school board. In an agreement
under ORS 195.020, the school district and the city or county shall
agree, to the greatest extent possible, on the criteria for the capacity
of school facilities. After a school district formally adopts criteria
for the capacity of school facilities, a county or city shall accept
those criteria as its own for purposes of evaluating applications for a
comprehensive plan amendment or for a residential land use regulation
amendment.

(b) A city or county shall provide notice to an affected school
district when considering a plan or land use regulation amendment that
significantly impacts school capacity. If the school district requests,
the city or county shall implement a coordinated process with the school
district to identify potential school sites and facilities to address the
projected impacts.

(c) The provisions of paragraph (b) of this subsection apply to an
action that involves:

(A) High growth school districts;

(B) Light rail planning in an area that is not a high growth school
district; or

(C) The addition of 1,000 or more residential units in an area that
is not a high growth school district.

(5) The school facility plan shall provide for the integration of
existing city or county land dedication requirements with the needs of
the school district.

(6) Any school district not defined as high growth in subsection
(2) of this section may adopt a plan for school facilities as set forth
in this section, subject to cooperation with the affected cities or
counties.

(7) The school facility plan shall cover a period of at least five
years and shall include but need not be limited to the following elements:

(a) Population projections by school age group;

(b) Identification by both the city or county and the school
district of desirable school sites;

(c) Physical improvements needed to bring existing schools up to
the school district’s minimum standards;

(d) Financial plans to meet school facility needs;

(e) An analysis of:

(A) The alternatives to new school construction and major
renovation; and

(B) Measures to increase the efficient use of school sites
including, but not limited to, multiple-story buildings and multipurpose
use of sites;

(f) Five-year capital improvement plans;

(g) Site acquisition schedules and programs; and

(h) Based on the elements included in the school facility plan
under this subsection and applicable laws and rules, an analysis of the
land required for the five-year period covered by the plan that is
suitable, as a permitted or conditional use, for school facilities inside
the urban growth boundary.

(8) If a school district determines that there is an inadequate
supply of suitable land for school facilities for the five-year period
covered by the plan, the city or county, or both, and the school district
shall cooperate in identifying land for school facilities including, but
not limited to, adopting appropriate zoning, aggregating existing lots or
parcels in separate ownership, adding one or more sites designated for
school facilities to an urban growth boundary or petitioning a
metropolitan service district to add one or more sites designated for
school facilities to an urban growth boundary pursuant to applicable law
and rules.

(9) The capacity of a school facility shall not be the basis for a
development moratorium under ORS 197.505 to 197.540.

(10) This section and ORS 197.015 do not confer any power to a
school district to declare a building moratorium.

(11) Notwithstanding any other provision of state or local law,
school capacity shall not be the sole basis for the approval or denial of
any residential development application, unless the application involves
changes to the local government comprehensive plan or land use
regulations. [1993 c.550 §2; 1995 c.508 §1; 2001 c.876 §1]City and county governing bodies shall work with school district
personnel to identify barriers and hazards to children walking or
bicycling to and from school. The cities, counties and districts may
develop a plan for the funding of improvements designed to reduce the
barriers and hazards identified. [2001 c.940 §1]Note: 195.115 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 195 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.PARKS(1) The Legislative
Assembly finds that Oregon’s parks are special places and the protection
of parks for the use and enjoyment of present and future generations is a
matter of statewide concern.

(2) The Land Conservation and Development Commission, in
cooperation with the State Parks and Recreation Commission and
representatives of local government, shall adopt rules and land use
planning goal amendments as necessary to provide for:

(a) Allowable uses in state and local parks that have adopted
master plans;

(b) Local government planning necessary to implement state park
master plans; and

(c) Coordination and dispute resolution among state and local
agencies regarding planning and activities in state parks.

(3) Rules and goal amendments adopted under subsection (2) of this
section shall provide for the following uses in state parks:

(a) Campgrounds, day use areas and supporting infrastructure,
amenities and accessory visitor service facilities designed to meet the
needs of park visitors;

(b) Recreational trails and boating facilities;

(c) Facilities supporting resource-interpretive and educational
activities for park visitors;

(d) Park maintenance workshops, staff support facilities and
administrative offices;

(e) Uses that directly support resource-based outdoor recreation;
and

(f) Other park uses adopted by the Land Conservation and
Development Commission.

(4) A local government shall not be required to adopt an exception
under ORS 197.732 from a land use planning goal protecting agriculture or
forestry resources to authorize a use identified by rule of the Land
Conservation and Development Commission under this section in a state or
local park.

(5) A local government shall comply with the provisions of ORS
215.296 for all uses and activities proposed in or adjacent to an
exclusive farm use zone described in the state or local master plan as
adopted by the local government and made a part of its comprehensive plan
and land use regulation. [1997 c.604 §3]Existing uses and facilities in all state parks on July 25,
1997, shall be allowed to continue. The following uses and activities
shall be approved by a local government subject only to clear and
objective siting criteria, which criteria, either individually or
cumulatively, shall not prohibit the use or activity of:

(1) The repair and renovation of existing facilities;

(2) The replacement of existing facilities and services, including
minor location changes; and

(3) The minor expansion of existing uses and facilities. [1997
c.604 §4]URBAN RESERVE AREAS (1) To
ensure that the supply of land available for urbanization is maintained,
local governments may cooperatively designate lands outside urban growth
boundaries as urban reserve areas, subject to ORS 197.610 to 197.625.

(2)(a) The Land Conservation and Development Commission may require
a local government to designate an urban reserve area during its periodic
review in accordance with the conditions for periodic review under ORS
197.628.

(b) Notwithstanding paragraph (a) of this subsection, the
commission may require a local government to designate an urban reserve
area outside of its periodic review if:

(A) The local government is located inside a Primary Metropolitan
Statistical Area or a Metropolitan Statistical Area as designated by the
Federal Census Bureau upon November 4, 1993; and

(B) The local government has been required to designate an urban
reserve area by rule prior to November 4, 1993.

(3) In carrying out subsections (1) and (2) of this section:

(a) Within an urban reserve area, neither the commission nor any
local government shall prohibit the siting on a legal parcel of a single
family dwelling that would otherwise have been allowed under law existing
prior to designation as an urban reserve area.

(b) The commission shall provide to local governments a list of
options, rather than prescribing a single planning technique, to ensure
the efficient transition from rural to urban use in urban reserve areas.

(4) For purposes of this section, “urban reserve area” means lands
outside an urban growth boundary that will provide for:

(a) Future expansion over a long-term period; and

(b) The cost-effective provision of public facilities and service
within the area when the lands are included within the urban growth
boundary. [1993 c.804 §19; 1999 c.622 §6]URBAN SERVICE PROVIDER ANNEXATION(Temporary provisions relating to requirements for annexation of certain
industrial lands)Note: Sections 1, 2 and 11, chapter 539, Oregon Laws 2005, provide:

Sec. 1. Section 2 of this 2005 Act is added to and made a part of
ORS 195.205 to 195.225. [2005 c.539 §1]

Sec. 2. (1) A lot, parcel or tract may not be included in territory
proposed to be annexed unless the owner of the lot, parcel or tract gives
written consent to the annexation, if the lot, parcel or tract:

(a) Is zoned for industrial use or designated for industrial use
zoning in an acknowledged comprehensive plan;

(b) Is land on which no electors reside, unless one or more
electors living on-site are employed or engaged to provide security
services for the industrial user of the land;

(c) Has an assessed value of more than $2 million, including
improvements; and

(d) Is in unincorporated Jackson County, either:

(A) Within the urban unincorporated community of White City, west
of Oregon Route 62; or

(B) Within the urban growth boundary of the City of Medford, west
of Oregon Route 99.

(2) After annexation of a lot, parcel or tract described in
subsection (1) of this section, the development rights that apply to the
lot, parcel or tract under the industrial zoning classification
applicable to the lot, parcel or tract when it is annexed are retained
and run with the lot, parcel or tract.

(3) As used in this section, “urban unincorporated community” means
an unincorporated community that:

(a) Includes at least 150 permanent residential dwelling units;

(b) Contains a mixture of land uses, including three or more
public, commercial or industrial land uses;

(c) Includes areas served by a community sewer system; and

(d) Includes areas served by a community water system. [2005 c.539
§2]

Sec. 11. Sections 2, 4, 6, 8 and 10 of this 2005 Act are repealed
Note: Sections 2, 3, 9 (1) and 10, chapter 844, Oregon Laws 2005,
provide:

Sec. 2. Section 3 of this 2005 Act is added to and made a part of
ORS 195.205 to 195.225. [2005 c.844 §2]

Sec. 3. (1) Notwithstanding ORS 195.205 (5), when the governing
body of a city proceeds with an annexation plan, the governing body shall
cause the annexation plan to be submitted only to the electors of the
territory proposed to be annexed under the annexation plan at a general
election or at a special election held for that purpose.

(2) Notwithstanding ORS 195.215 (1), the governing body of the city
shall determine the results of the election from the official figures
returned by the county clerk. If the governing body of the city finds
that a majority of the votes cast in the territory favor the annexation
plan, the governing body, by resolution or ordinance, shall proclaim the
adoption of the annexation plan. The proclamation declaring approval of
the annexation plan shall contain a legal description of each territory
annexed.

(3) Notwithstanding ORS 195.225 (4), after a local government
boundary commission reviews an annexation plan proposed by the governing
body of a city, the governing body of the city shall submit the
annexation plan to the electors of the territory proposed to be annexed
as provided in subsection (1) of this section. [2005 c.844 §3]

Sec. 9. (1) Section 3 of this 2005 Act applies to an election
conducted on or after the effective date of this 2005 Act [September 2,
2005] and before January 2, 2008. [2005 c.844 §9(1)]

Sec. 10. Sections 1, 3 and 4 of this 2005 Act are repealed on
(1) A city or district that provides an urban service may annex
territory under ORS 195.020, 195.060 to 195.085, 195.145 to 195.235,
197.005, 197.319, 197.320, 197.335 and 223.304 that:

(a) Is situated within an urban growth boundary; and

(b) Is contained within an annexation plan adopted pursuant to ORS
195.020, 195.060 to 195.085, 195.145 to 195.235, 197.005, 197.319,
197.320, 197.335 and 223.304.

(2) A city or district may submit an annexation plan to a vote
under subsection (5) of this section only if, prior to the submission of
the annexation plan to a vote:

(a) The territory contained in the annexation plan is subject to
urban service agreements among all appropriate counties and cities and
the providers of urban services within the territory, as required by ORS
195.065 and 195.070, and:

(A) Such urban service agreements were in effect on November 4,
1993; or

(B) They expressly state that they may be relied upon as a
prerequisite of the annexation method authorized by ORS 195.020, 195.060
to 195.085, 195.145 to 195.235, 197.005, 197.319, 197.320, 197.335 and
223.304; and

(b) The territory contained in the annexation plan is subject to an
agreement between the city and county addressing fiscal impacts, if the
annexation is by a city and will cause reductions in the county property
tax revenues by operation of section 11b, Article XI of the Oregon
Constitution.

(3) Prior to adopting an annexation plan, the governing body of a
city or district shall hold a public hearing at which time interested
persons may appear and be heard on the question of establishing the
annexation plan.

(4) The governing body of the city or district shall cause notice
of the hearing to be published, once each week for two successive weeks
prior to the day of the hearing, in a newspaper of general circulation in
the city or district.

(5) If after the public hearing required under subsection (3) of
this section, the governing body of the city or district decides to
proceed with the annexation plan, it shall cause the annexation plan to
be submitted to the electors of the city or district and to the electors
of the territory proposed to be annexed under the annexation plan. The
proposed annexation plan may be voted upon at a general election or at a
special election to be held for that purpose. [1993 c.804 §13] (1) The statement summarizing the
measure and its major effect in the ballot title of a proposal for
adoption of an annexation plan shall contain a general description of the
boundaries of each territory proposed to be annexed. The description
shall use streets and other generally recognized features.
Notwithstanding ORS 250.035, the statement summarizing the measure and
its major effect shall not exceed 150 words.

(2) The notice of an annexation plan election shall be given as
provided in ORS 254.095 and 254.205, except that in addition the notice
shall contain a map indicating the boundaries of each territory proposed
to be annexed. [1993 c.804 §14; 1995 c.79 §72; 1995 c.534 §9] (1) The governing body of
the city or district shall determine the results of the election from the
official figures returned by the county clerk. If the governing body of
the city finds that a majority of the votes cast in the territory and a
majority of the votes cast in the city favor the annexation plan, the
governing body, by resolution or ordinance, shall declare the adoption of
the annexation plan. The governing body of the district shall certify the
results of the election to the appropriate county governing body. When a
majority of the votes cast in the territory and a majority of the votes
cast in the district favor the annexation plan, the county governing body
by order shall so declare. The resolution, ordinance or order declaring
approval of the annexation plan must contain a legal description of each
territory annexed.

(2) Annexation of particular tracts of territory takes effect in
accordance with the provisions of the adopted annexation plan. [1993
c.804 §15; 2005 c.388 §1] (1) An annexation plan adopted
under ORS 195.205 shall include:

(a) The timing and sequence of annexation.

(b) Local standards of urban service availability required as a
precondition of annexation.

(c) The planned schedule for providing urban services to the
annexed territory.

(d) The effects on existing urban services providers.

(e) The long-term benefits of the annexation plan.

(2) An annexation plan shall be consistent with all applicable
comprehensive plans. [1993 c.804 §16; 1997 c.541 §341](1) In areas subject to the jurisdiction of a local government
boundary commission, the boundary commission shall conduct an advisory
review of an annexation plan for conformity with annexation plan
requirements set forth in ORS 195.220, 199.462 and the rules of procedure
of the Land Conservation and Development Commission.

(2) If a boundary commission finds that an annexation plan does not
comply with ORS 195.220, 199.462 or the procedural rules of the
commission, the boundary commission, by order, shall disapprove the
annexation plan and return the plan to the governing body of the city or
district. The order of the boundary commission that disapproves an
annexation plan shall describe with particularity the provisions of the
annexation plan that do not comply with ORS 195.220, 199.462 or the
procedural rules of the commission and shall specifically indicate the
reasons for noncompliance.

(3) The governing body of the city or district, upon receiving an
order of the boundary commission that disapproves an annexation plan, may
amend the plan and resubmit the amended plan to the boundary commission.

(4) After a boundary commission reviews an annexation plan, the
annexation plan shall be submitted to the electors of the city or
district and affected territory as provided in ORS 195.205.

(5) Notwithstanding ORS chapter 199, annexations provided for in an
annexation plan approved by the electors of a city or district and
affected territory do not require the approval of a local government
boundary commission.

(6) A city or district shall submit an annexation plan approved by
the electors and a copy of the resolution, ordinance, order or
proclamation proclaiming an annexation under an approved annexation plan
to the local government boundary commission filing with the Secretary of
State, Department of Revenue, assessor and county clerk of each county in
which the affected territory is located. [1993 c.804 §17] The method of
annexing territory to cities or districts set forth in ORS 195.205 to
195.225 is in addition to and does not affect or prohibit other methods
of annexation authorized by law. [1993 c.804 §18]LANDSLIDE HAZARD AREAS As used in ORS
195.250 to 195.260:

(1) “Further review area” means an area of land within which
further site specific review should occur before land management or
building activities begin because either the State Department of Geology
and Mineral Industries or the State Forestry Department determines that
the area reasonably could be expected to include sites that experience
rapidly moving landslides as a result of excessive rainfall.

(2) “Landslide” means any detached mass of soil, rock or debris
that is of sufficient size to cause damage and that moves down a slope or
a stream channel.

(3) “Rapidly moving landslide” means a landslide that is difficult
for people to outrun or escape. [1999 c.1103 §1]Note: 195.250 to 195.260 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 195 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. The Legislative Assembly declares that it is the
policy of the State of Oregon that:

(1) Each property owner, each highway user and all federal, state
and local governments share the responsibility for making sound decisions
regarding activities that may affect landslide hazards and the associated
risks of property damage or personal injury.

(2) In keeping with the concept of shared responsibility where
individuals are primarily responsible for making sound decisions to
protect personal interests, regulation applied pursuant to ORS 195.250 to
195.260 shall be restricted to reducing the risk of serious bodily injury
or death that may result from rapidly moving landslides.

(3) In recognition of the need for consistent treatment and
coordination of actions relating to rapidly moving landslides and because
of the potential for serious bodily injury or death as a result of
rapidly moving landslides and the effect of rapidly moving landslides on
the ability of people to use their property, ORS 195.250 to 195.260 shall
be regarded as the controlling policy of this state for rapidly moving
landslides. [1999 c.1103 §2]Note: See note under 195.250. The Legislative Assembly finds that:

(1) Many locations in Oregon are subject to naturally occurring
landslide hazards, and some human activities may accelerate the incidence
or increase the adverse effects of those hazards.

(2) Rapidly moving landslides present the greatest risk to human
life, and persons living in or traveling through areas prone to rapidly
moving landslides are at increased risk of serious bodily injury or death.

(3) Although some risk from rapidly moving landslides can be
mitigated through proper siting and construction techniques, sites that
are vulnerable to impact from rapidly moving landslides are generally
unsuitable for permanent habitation.

(4) Activities that require sound decisions to mitigate rapidly
moving landslide hazards and risks include but are not limited to:

(a) Siting or constructing homes or other structures in areas prone
to rapidly moving landslides;

(b) Occupying existing homes or other structures in areas prone to
rapidly moving landslides during periods of high risk due to heavy or
extended rainfall;

(c) Conducting land management activities that may adversely alter
the susceptibility of land to rapidly moving landslides; and

(d) Operating motor vehicles in areas known to be subject to
rapidly moving landslides. [1999 c.1103 §3]Note: See note under 195.250.(1) In order to reduce the risk of serious
bodily injury or death resulting from rapidly moving landslides, a local
government:

(a) Shall exercise all available authority to protect the public
during emergencies, consistent with ORS 401.015.

(b) May require a geotechnical report and, if a report is required,
shall provide for a coordinated review of the geotechnical report by the
State Department of Geology and Mineral Industries or the State Forestry
Department, as appropriate, before issuing a building permit for a site
in a further review area.

(c) Except those structures exempt from building codes under ORS
455.310 and 455.315, shall amend its land use regulations, or adopt new
land use regulations, to regulate the siting of dwellings and other
structures designed for human occupancy, including those being restored
under ORS 215.130 (6), in further review areas where there is evidence of
substantial risk for rapidly moving landslides. All final decisions under
this paragraph and paragraph (b) of this subsection are the
responsibility of the local government with jurisdiction over the site. A
local government may not delegate such final decisions to any state
agency.

(d) May deny a request to issue a building permit if a geotechnical
report discloses that the entire parcel is subject to a rapidly moving
landslide or that the subject lot or parcel does not contain sufficient
buildable area that is not subject to a rapidly moving landslide.

(e) Shall maintain a record, available to the public, of properties
for which a geotechnical report has been prepared within the jurisdiction
of the local government.

(2) A landowner allowed a building permit under subsection (1)(c)
of this section shall sign a statement that shall:

(a) Be recorded with the county clerk of the county in which the
property is located, in which the landowner acknowledges that the
landowner may not in the future bring any action against an adjacent
landowner about the effects of rapidly moving landslides on or adjacent
to the landowner’s property; and

(b) Record in the deed records for the county where the lot or
parcel is located a nonrevocable deed restriction that the landowner
signs and acknowledges, that contains a legal description complying with
ORS 93.600 and that prohibits any present or future owner of the property
from bringing any action against an adjacent landowner about the effects
of rapidly moving landslides on or adjacent to the property.

(3) Restrictions on forest practices adopted under ORS 527.710 (10)
do not apply to risk situations arising solely from the construction of a
building designed for human occupancy in a further review area on or
after October 23, 1999.

(4) The following state agencies shall implement the following
specific responsibilities to reduce the risk of serious bodily injury or
death resulting from rapidly moving landslides:

(a) The State Department of Geology and Mineral Industries shall:

(A) Identify and map further review areas selected in cooperation
with local governments and in coordination with the State Forestry
Department, and provide technical assistance to local governments to
facilitate the use and application of this information pursuant to
subsection (1)(b) of this section; and

(B) Provide public education regarding landslide hazards.

(b) The State Forestry Department shall regulate forest operations
to reduce the risk of serious bodily injury or death from rapidly moving
landslides directly related to forest operations, and assist local
governments in the siting review of permanent dwellings on and adjacent
to forestlands in further review areas pursuant to subsection (1)(b) of
this section.

(c) The Land Conservation and Development Commission may take steps
under its existing authority to assist local governments to appropriately
apply the requirements of subsection (1)(c) of this section.

(d) The Department of Transportation shall provide warnings to
motorists during periods determined to be of highest risk of rapidly
moving landslides along areas on state highways with a history of being
most vulnerable to rapidly moving landslides.

(e) The Office of Emergency Management of the Department of State
Police shall coordinate state resources for rapid and effective response
to landslide-related emergencies.

(5) Notwithstanding any other provision of law, any state or local
agency adopting rules related to the risk of serious bodily injury or
death from rapidly moving landslides shall do so only in conformance with
the policies and provisions of ORS 195.250 to 195.260.

(6) No state or local agency may adopt or enact any rule or
ordinance for the purpose of reducing risk of serious bodily injury or
death from rapidly moving landslides that limits the use of land that is
in addition to land identified as a further review area by the State
Department of Geology and Mineral Industries or the State Forestry
Department pursuant to subsection (4) of this section.

(7) Except as provided in ORS 527.710 or in Oregon’s ocean and
coastal land use planning goals, no state agency may adopt criteria
regulating activities for the purpose of reducing risk of serious bodily
injury or death from rapidly moving landslides on lands subject to the
provisions of ORS 195.250 to 195.260 that are more restrictive than the
criteria adopted by a local government pursuant to subsection (1)(c) of
this section. [1999 c.1103 §4; 2003 c.141 §1; 2003 c.740 §8]Note: See note under 195.250.MISCELLANEOUSIf changes in the urban growth boundary of a local
government must be included in the boundaries of a mass transit district
formed under ORS 267.107, the local government shall provide the mass
transit district with a legal description of the urban growth boundary
and changes to the urban growth boundary that consists of a series of
courses in which the first course starts at a point of beginning and the
final course ends at the point of beginning. [2001 c.138 §13b]

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