195.505. ����� (b)(A) �Keeping warm and dry� means using measures necessary for an individual to survive outdoors given the environmental conditions. ����� (B) �Keeping warm and dry� does not includ

195.505.

����� (b)(A) �Keeping warm and dry� means using measures necessary for an individual to survive outdoors given the environmental conditions.

����� (B) �Keeping warm and dry� does not include using any measure that involves fire or flame.

����� (c) �Public property� has the meaning given that term in ORS 131.705.

����� (2) Any city or county law that regulates the acts of sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness.

����� (3) It is an affirmative defense to a charge of violating a city or county law described in subsection (2) of this section that the law is not objectively reasonable.

����� (4) A person experiencing homelessness may bring suit for injunctive or declaratory relief to challenge the objective reasonableness of a city or county law described in subsection (2) of this section. The action must be brought in the circuit court of the county that enacted the law or of the county in which the city that enacted the law is located.

����� (5) For purposes of subsections (2) and (3) of this section, reasonableness shall be determined based on the totality of the circumstances, including, but not limited to, the impact of the law on persons experiencing homelessness.

����� (6) In any suit brought pursuant to subsection (4) of this section, the court, in its discretion, may award reasonable attorney fees to a prevailing plaintiff if the plaintiff:

����� (a) Was not seeking to vindicate an interest unique to the plaintiff; and

����� (b) At least 90 days before the action was filed, provided written notice to the governing body of the city or county that enacted the law being challenged of an intent to bring the action and the notice provided the governing body with actual notice of the basis upon which the plaintiff intends to challenge the law.

����� (7) Nothing in this section creates a private right of action for monetary damages for any person. [2021 c.370 �1]

����� Note: 195.530 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.

MISCELLANEOUS

����� 195.850 Reporting local government boundary changes to certain mass transit districts. If 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]

����� 195.860 Final engineering plans; deadline for local review; writ of mandamus authorized. (1) As used in this section, �final engineering plans� means the detailed engineering plans and reports for the design or construction of public and private infrastructure improvements that require review and approval following tentative plat approval by a local government before issuing site development permits, including plans and reports for the construction of public and private infrastructure improvements such as grading, water, sewer, stormwater, transportation systems and utilities.

����� (2) After receiving an application for final engineering plans for residential development within an urban growth boundary, a local government shall:

����� (a) Within 30 days, confirm that the application was complete when submitted or specify all additional materials that must be included for the application to be considered complete.

����� (b) Complete the final review of the final engineering plans and, following the receipt of applicable fees, forms and bonds, approve or deny site development permits for construction of all public and private infrastructure improvements, within 120 days after the date on which:

����� (A) The application is deemed complete under paragraph (a) of this subsection;

����� (B) The applicant has provided all materials specified under paragraph (a) of this subsection; or

����� (C) The applicant states that no additional materials are forthcoming.

����� (3) The review period for a local government to complete its review under subsection (2)(b) of this section:

����� (a) Is tolled during the time period beginning on the date on which a local government sends a direction to the applicant to correct or supplement the application and ending on the date on which the amended application is received by the local government.

����� (b) May be extended one or more times for a specified period at the written request of the applicant, provided that the total of all extensions does not exceed 245 days.

����� (4)(a) If the local government does not take final action on the application within the deadline provided under subsection (2)(b) of this section, including any extension under this section, the applicant may file a petition for a writ of mandamus under ORS 34.130 in the circuit court of the county where the application was submitted.

����� (b) The local government shall retain jurisdiction to make a decision until a petition for a writ of mandamus is filed.

����� (c) Upon receiving a petition filed under ORS 34.130, the circuit court has jurisdiction for all decisions regarding the application, including settlement.

����� (d) The court shall issue a peremptory writ unless the local government or any intervenor shows that the approval of final engineering plans would violate a substantive provision of the local government�s regulations. [2025 c.330 �1]

����� Note: 195.860 becomes operative July 1, 2026. See section 6, chapter 330, Oregon Laws 2025.

����� Note: 195.860 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.

����� 195.870 Battery-charged fence; preemption of local laws. (1) As used in this section:

����� (a) �Alarm system� means any electrical, mechanical or electronic device or sensor used to prevent, detect or alert law enforcement or occupants of burglary, theft, or intrusion of a structure or a vehicle used as a commercial structure.

����� (b) �Battery-charged fence� means a fence that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to an intrusion and has an energizer that is driven by battery.

����� (c) �IEC standards� means the standards set by the International Electrotechnical Commission as most recently published on or before January 1, 2021.

����� (2) A battery-charged fence:

����� (a) Must use a battery that is not more than 12 volts of direct current;

����� (b) Must produce an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by IEC standards;

����� (c) Must be surrounded by a nonelectric perimeter fence or wall that is not less than five feet in height;

����� (d) May not be higher than the greater of 10 feet in height or two feet higher than the height of the nonelectric perimeter fence or wall; and

����� (e) Must be marked with conspicuous warning signs that are located on the fence at not more than 30-foot intervals and that read: �WARNING: ELECTRIC FENCE.�

����� (3) Except as required by state building code, a local government, as defined in ORS 197.015, may not adopt or enforce any ordinance, land use regulation or building code for property not zoned or used for residential use that:

����� (a) Prohibits the installation or use of a battery-charged fence.

����� (b) Imposes installation or operational requirements inconsistent with IEC standards or this section for an alarm system or battery-charged fence.

����� (c) Requires a permit for the installation or use of a battery-charged fence that is additional to an alarm system permit issued by the local government. [2022 c.3 �1]

����� Note: 195.870 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.

����� 195.900 Local review of wind energy facility lighting requirements. The governing body of a county or city or its designee may not allow or permit a wind energy facility, as defined in ORS 195.902, unless the person seeking to develop or repower the wind energy facility provides proof that the person is in compliance with the requirements in ORS 195.902 (3)(a). [2025 c.74 �2]

����� Note: Section 3, chapter 74, Oregon Laws 2025, provides:

����� Sec. 3. Sections 1 [195.902] and 2 [195.900] of this 2025 Act apply to any wind energy facility, as defined in section 1 of this 2025 Act, for which a person applies, on or after January 1, 2028, to the Federal Aviation Administration for a determination of hazard or no hazard to air navigation with regard to the wind energy facility. [2025 c.74 �3]

����� Note: 195.900 and 195.902 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.

����� 195.902 Wind energy facility lighting requirements. (1) As used in this section:

����� (a) �Hub height� means the distance from the ground to the middle of a wind-powered turbine�s rotor.

����� (b) �Light-mitigating technology system� means a system approved by the Federal Aviation Administration that is capable of reducing the impact of obstruction lighting while maintaining conspicuity sufficient to assist aircraft in identifying and avoiding collision with a structure or facility.

����� (c) �Maintenance� means activities to keep a wind energy facility in an efficient operating condition and that do not add to the value or extend the expected economic life or increase the nameplate capacity or energy output of the facility.

����� (d) �Person� means a developer, owner or operator.

����� (e) �Repower� means to replace all or substantially all of a wind energy facility for the purpose of extending the life of the facility, and the replacement is not part of routine maintenance.

����� (f) �Wind energy facility� means an electric power generating facility that is made up of five or more wind-powered turbines and one or more of the wind-powered turbines:

����� (A) Are required under Federal Aviation Administration regulations to have obstruction lights; or

����� (B) Have an obstruction light and a hub height that is 75 or more feet above the ground level.

����� (2) A wind energy facility may not commence operations or, following repowering, recommence operations unless the person developing or repowering the wind energy facility meets the requirements in subsection (3) of this section.

����� (3)(a) A person developing or repowering a wind energy facility who receives from the Federal Aviation Administration a determination of no hazard to air navigation with regard to the wind energy facility shall apply to the administration and, if applicable, the Federal Communications Commission, for approval for the installation and use of light-mitigating technology systems for the wind energy facility�s wind-powered turbines.

����� (b) If the administration issues a determination that the installation and use of a light-mitigation technology system is not a hazard to air navigation and, as applicable, the commission issues its approval, the person shall install and use light-mitigating technology systems on approved wind-powered turbines. The person shall install and begin using the light-mitigating technology systems:

����� (A) Within 24 months from the date the administration issues its determination;

����� (B) If applicable, within 24 months from the later of:

����� (i) The date the administration issues its determination; or

����� (ii) The date the commission issues its approval; or

����� (C) As soon as reasonably practicable after the date specified in subparagraph (A) or (B) of this paragraph if installation is delayed due to reasons outside of the person�s control.

����� (c) A person is not required to install or use a light-mitigating technology system on a wind-powered turbine if:

����� (A) The administration issues a determination that the installation or use of the light-mitigation technology system is a hazard to air navigation;

����� (B) The administration does not issue a determination within 12 months from the date the person submits the application to the administration;

����� (C) If applicable, the commission does not issue its approval for the installation and use of the light-mitigating technology system; or

����� (D) If applicable, the commission does not issue its approval within 12 months from the date the person submits the application to the commission.

����� (4) Nothing in this section shall require a person to carry out light mitigation in a manner that conflicts with an applicable federal law or regulation. [2025 c.74 �1]

����� Note: See notes under 195.900.

����� 195.912 Local review of transmission line upgrade. (1) As used in this section:

����� (a) �Electric company� means an electric company, as defined in ORS 757.600, that owns and operates a transmission system and sells more than 2 million megawatt hours of electricity in a calendar year.

����� (b) �Footprint� means an area that is being actively managed and is part of a right-of-way of an existing transmission line.

����� (c) �Transmission line� means any aboveground or underground electric transmission lines with a capacity of 57,000 volts or more, including the utility poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances and all related facilities required for the acceptance of electric services by the transmission lines.

����� (2) A decision on an application for an upgrade to an existing transmission line that is owned by an electric company shall be made, as provided in this section, by a local government with jurisdiction over the transmission line, provided that the upgrade:

����� (a) Is sited entirely within the existing transmission line�s utility right-of-way or private easement;

����� (b) Entails only the deployment, construction or installation of grid enhancing technologies, as defined in ORS 757.808, and associated modifications as required to meet current national electrical safety standards such as the National Electrical Safety Code, and not any other type of upgrade, expansion or improvement;

����� (c) Does not expand the footprint of any part of the transmission lines if sited within an area designated for a statewide land use planning goal related to natural resources, scenic and historic areas and open spaces or the Willamette River Greenway; and

����� (d) Does not include:

����� (A) Adding additional transmission lines or substations; or

����� (B) Modifications to substations or transformers unless they are within the footprint of the original substation or transformer.

����� (3) A decision on an application, as provided in this section, including a decision that determines whether the provisions of subsection (2) of this section apply:

����� (a) May be subject only to clear and objective standards, conditions and procedures;

����� (b) May be conditioned upon obtaining any necessary approvals by the State Department of Energy or federal government;

����� (c) Is not a land use decision, as defined in ORS 197.015;

����� (d) May not be subject to a public hearing; and

����� (e) May not be appealed except by writ of review under ORS 34.010 to 34.100. [2025 c.391 �4]

����� Note: 195.912 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.

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