to 197.625.

197.610 to 197.625.

����� (5) This section does not apply to:

����� (a) Any plan amendment for which an exception is required under ORS 197.732; or

����� (b) Except as provided under subsection (6) of this section, any lands designated under a statewide planning goal addressing agricultural lands or forestlands.

����� (6)(a) If a county is acting on the remand of a decision from the Land Use Board of Appeals, the county governing body may authorize the planning commission or hearings officer to conduct hearings and make a decision under subsection (1) of this section for lands designated under a statewide planning goal addressing agricultural lands or forestlands.

����� (b) The county governing body shall review a planning commission or hearings officer decision made under this subsection and shall:

����� (A) Schedule a public hearing and issue a final decision on the application;

����� (B) Leave the planning commission or hearings officer decision as the final county decision; or

����� (C) Adopt the planning commission or hearings officer decision by consent order as the decision of the governing body. [1987 c.729 �20; 2018 c.117 �1]

����� 215.433 Supplemental application for remaining permitted uses following denial of initial application. (1) A person whose application for a permit is denied by the governing body of a county or its designee under ORS 215.427 may submit to the county a supplemental application for any or all other uses allowed under the county�s comprehensive plan and land use regulations in the zone that was the subject of the denied application.

����� (2) The governing body of a county or its designee shall take final action on a supplemental application submitted under this section, including resolution of all appeals, within 240 days after the application is deemed complete. Except that 240 days shall substitute for 120 days or 150 days, as appropriate, all other applicable provisions of ORS 215.427 shall apply to a supplemental application submitted under this section.

����� (3) A supplemental application submitted under this section shall include a request for any rezoning or zoning variance that may be required to issue a permit under the county�s comprehensive plan and land use regulations.

����� (4) The governing body of the county or its designee shall adopt specific findings describing the reasons for approving or denying:

����� (a) A use for which approval is sought under this section; and

����� (b) A rezoning or variance requested in the application. [1999 c.648 �2; 1999 c.648 �2a]

����� 215.435 Deadline for final action by county on remand of land use decision; exception. (1) Pursuant to a final order of the Land Use Board of Appeals under ORS 197.830 remanding a decision to a county, the governing body of the county or its designee shall take final action on an application for a permit, limited land use decision or zone change within 120 days of the effective date of the final order issued by the board. For purposes of this subsection, the effective date of the final order is the last day for filing a petition for judicial review of a final order of the board under ORS 197.850 (3). If judicial review of a final order of the board is sought under ORS 197.830, the 120-day period established under this subsection shall not begin until final resolution of the judicial review.

����� (2)(a) In addition to the requirements of subsection (1) of this section, the 120-day period established under subsection (1) of this section shall not begin until the applicant requests in writing that the county proceed with the application on remand, but if the county does not receive the request within 180 days of the effective date of the final order or the final resolution of the judicial review, the county shall deem the application terminated.

����� (b) The 120-day period established under subsection (1) of this section may be extended for up to an additional 365 days if the parties enter into mediation as provided by ORS 197.860 prior to the expiration of the initial 120-day period. The county shall deem the application terminated if the matter is not resolved through mediation prior to the expiration of the 365-day extension.

����� (3) The 120-day period established under subsection (1) of this section applies only to decisions wholly within the authority and control of the governing body of the county.

����� (4) Subsection (1) of this section does not apply to a remand proceeding concerning a decision of the county making a change to an acknowledged comprehensive plan or a land use regulation that is submitted to the Director of the Department of Land Conservation and Development under ORS 197.610. [1999 c.545 �2; 2011 c.280 �11; 2015 c.522 �1]

����� 215.437 Writ of mandamus authorized after deadline following remand of land use decision. (1) If the governing body of a county or its designee fails to take final action on an application for a permit, limited land use decision or zone change within 120 days as provided in ORS 215.435, the applicant may file a petition for a writ of mandamus as provided in ORS 34.105 to 34.240. The court shall set the matter for trial as soon as practicable but not more than 15 days from the date a responsive pleading pursuant to ORS 34.170 is filed, unless the court has been advised by the parties that the matter has been settled.

����� (2) A writ of mandamus issued under this section shall order the governing body of the county or its designee to make a final determination on the application. The court, in its discretion, may order such remedy as the court determines appropriate.

����� (3) In a mandamus proceeding under this section the court shall award court costs and attorney fees to an applicant who prevails on a petition under this section. [1999 c.545 �3; 2015 c.522 �2]

PERMITTED USES IN ZONES

����� 215.438 Transmission towers; location; conditions. The governing body of a county or its designate may allow a transmission tower over 200 feet in height to be established in any zone subject to reasonable conditions imposed by the governing body or its designate. [1983 c.827 �23a]

����� 215.439 Solar energy systems in residential or commercial zones. (1) The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use.

����� (2) The installation and use on a commercial structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which commercial structures are an allowed use.

����� (3) Approval of a permit application under ORS 215.402 to 215.438 is, notwithstanding the definition of �permit� in ORS 215.402, a ministerial function if:

����� (a) The installation of a solar energy system can be accomplished without increasing the footprint of the residential or commercial structure or the peak height of the portion of the roof on which the system is installed; and

����� (b) The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof.

����� (4) As part of the permit approval process, a county:

����� (a) May not charge a fee pursuant to ORS 215.416 for processing a permit;

����� (b) May not require extensive surveys or site evaluations including, but not limited to, vegetation surveys, contour maps and elevation drawings; and

����� (c) May charge building permit fees pursuant to ORS 455.020, 455.210 and 455.220.

����� (5) Subsections (3) and (4) of this section do not apply to a permit application for a residential or commercial structure that is:

����� (a) A federally or locally designated historic building or landmark or that is located in a federally or locally designated historic district.

����� (b) A conservation landmark designated by a city or county because of the historic, cultural, archaeological, architectural or similar merit of the landmark.

����� (c) Located in an area designated as a significant scenic resource unless the material used is:

����� (A) Designated as anti-reflective; or

����� (B) Eleven percent or less reflective.

����� (6) As used in this section, �solar photovoltaic energy system� has the meaning given that term in ORS 757.360. [2011 c.464 �1]

����� Note: 215.439 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 215.440 [1955 c.682 �3; repealed by 1971 c.13 �1]

����� 215.441 Use of real property for religious activities. (1) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under state law and rules and local zoning ordinances and regulations, a county shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including:

����� (a) Worship services.

����� (b) Religion classes.

����� (c) Weddings.

����� (d) Funerals.

����� (e) Meal programs.

����� (f) Child care or any preschool or prekindergarten education, but not private or parochial education for kindergarten through grade 12 or higher education.

����� (2) A county may:

����� (a) Subject real property described in subsection (1) of this section to reasonable regulations, including site review or design review, concerning the physical characteristics of the uses authorized under subsection (1) of this section; or

����� (b) Prohibit or restrict the use of real property by a place of worship described in subsection (1) of this section if the county finds that the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the place of worship described in subsection (1) of this section.

����� (3) Notwithstanding any other provision of this section, a county may allow a private or parochial school for kindergarten through grade 12 or higher education to be sited under applicable state law and rules and local zoning ordinances and regulations. [2001 c.886 �2; 2017 c.745 �7; 2019 c.640 �19; 2021 c.385 �4; 2021 c.446 �4; 2025 c.267 �1]

����� 215.445 Use of private property for mobile medical clinic. (1) As used in this section:

����� (a) �Health professional� means a person licensed or certified by the:

����� (A) Oregon Medical Board;

����� (B) Oregon Board of Dentistry; or

����� (C) Oregon State Board of Nursing.

����� (b) �Health services� means the services that a health professional is licensed or certified to provide.

����� (c) �Local government� has the meaning given that term in ORS 174.116.

����� (d) �Mobile medical clinic� means a vehicle or a transportable structure that is:

����� (A) Designed to serve as a facility suitable for the provision of health services; and

����� (B) In use by a health professional to provide health services to the public.

����� (e) �Nonprofit� means a corporation organized under and subject to the provisions of ORS chapter 65.

����� (2) A local government may not prohibit a nonprofit mobile medical clinic from:

����� (a) Being located on private property with the permission of the owner of the private property; and

����� (b) Staying in one location for 180 days or less. [2015 c.142 �1]

����� Note: 215.445 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 215.446 Renewable energy facility; application; standards; notices. (1) As used in this section:

����� (a) �Average electric generating capacity� has the meaning given that term in ORS 469.300.

����� (b) �Energy generation area� has the meaning given that term in ORS 469.300.

����� (c) �Renewable energy facility� means:

����� (A) A solar photovoltaic power generation facility using:

����� (i) More than 100 acres but not more than 240 acres located on high-value farmland as defined in ORS 195.300;

����� (ii) More than 100 acres but not more than 2,560 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

����� (iii) More than 320 acres but not more than 3,840 acres located on any other land.

����� (B) An electric power generating plant with an average electric generating capacity of at least 35 megawatts but less than 50 megawatts if the power is produced from geothermal energy at a single plant or within a single energy generation area.

����� (C) An electric power generating plant with an average electric generating capacity of at least 35 megawatts but less than 100 megawatts if the power is produced from wind energy at a single energy facility or within a single energy generation area.

����� (2) An application for a land use permit to establish a renewable energy facility must be made under ORS 215.416. An applicant must demonstrate to the satisfaction of the county that the renewable energy facility meets the standards under subsection (3) of this section.

����� (3) In order to issue a permit, the county shall require that the applicant:

����� (a)(A) Consult with the State Department of Fish and Wildlife, prior to submitting a final application to the county, regarding fish and wildlife habitat impacts and any mitigation plan that is necessary;

����� (B) Conduct a habitat assessment of the proposed development site;

����� (C) Develop a mitigation plan to address significant fish and wildlife habitat impacts consistent with the administrative rules adopted by the State Fish and Wildlife Commission for the purposes of implementing ORS 496.012; and

����� (D) Follow administrative rules adopted by the State Fish and Wildlife Commission and rules adopted by the Land Conservation and Development Commission to implement the Oregon Sage-Grouse Action Plan and Executive Order 15-18.

����� (b) Demonstrate that the construction and operation of the renewable energy facility, taking into account mitigation, will not result in significant adverse impacts to historic, cultural and archaeological resources that are:

����� (A) Listed on the National Register of Historic Places under the National Historic Preservation Act (P.L. 89-665, 54 U.S.C. 300101 et seq.);

����� (B) Inventoried in a local comprehensive plan; or

����� (C) Evaluated as a significant or important archaeological object or archaeological site, as those terms are defined in ORS 358.905.

����� (c) Demonstrate that the site for a renewable energy facility, taking into account mitigation, can be restored adequately to a useful, nonhazardous condition following permanent cessation of construction or operation of the facility and that the applicant has a reasonable likelihood of obtaining financial assurances in a form and amount satisfactory to the county to secure restoration of the site to a useful, nonhazardous condition.

����� (d) Meet the general and specific standards for a renewable energy facility adopted by the Energy Facility Siting Council under ORS 469.470 (2) and 469.501 that the county determines are applicable.

����� (e) Provide the financial assurances described in paragraph (c) of this subsection in the form and at the time specified by the county.

����� (f) For a renewable energy facility that is a solar photovoltaic power generation facility using the number of acres described in subsection (4) of this section, provide a decommissioning plan to accomplish the restoration of the site to a useful, nonhazardous condition as described in paragraph (c) of this subsection. A decommissioning plan provided under this paragraph must include bonding or other security as the financial assurances described in paragraph (c) of this subsection.

����� (g) For a renewable energy facility that is an electric power generating plant with an average electric generating capacity of at least 50 megawatts but less than 100 megawatts that produces the power from wind energy at a single energy facility or within a single energy generation area, provide a decommissioning plan to accomplish the restoration of the site to a useful, nonhazardous condition as described in paragraph (c) of this subsection. A decommissioning plan provided under this paragraph must include bonding or other security as the financial assurances described in paragraph (c) of this subsection.

����� (4) The requirements in subsection (3)(f) of this section apply to a solar photovoltaic power generation facility using:

����� (a) More than 160 acres but not more than 240 acres located on high-value farmland as defined in ORS 195.300;

����� (b) More than 1,280 acres but not more than 2,560 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

����� (c) More than 1,920 acres but not more than 3,840 acres located on any other land.

����� (5) Upon receipt of a reasonable cost estimate from the state agency or tribe, the applicant and county may jointly enter into a cost reimbursement agreement administered by the county with:

����� (a) The State Department of Fish and Wildlife to receive comments under subsection (3)(a) of this section.

����� (b) The State Historic Preservation Officer or any affected federally recognized Indian tribe to receive comments under subsection (3)(b) of this section.

����� (c) The State Department of Energy to receive comments under subsection (3)(c) and (d) of this section as well as comments regarding other matters as the county may require.

����� (6) A county that receives an application for a permit under this section shall, upon receipt of the application, provide notice to persons listed in subsection (7) of this section. The notice must include, at a minimum:

����� (a) A description of the proposed renewable energy facility;

����� (b) A description of the lots or parcels subject to the permit application;

����� (c) The dates, times and locations where public comments or public testimony on the permit application can be submitted; and

����� (d) The contact information for the governing body of the county and the applicant.

����� (7) The notice required under subsection (6) of this section must be delivered to:

����� (a) The State Department of Fish and Wildlife;

����� (b) The State Department of Energy;

����� (c) The State Historic Preservation Officer;

����� (d) The Oregon Department of Aviation;

����� (e) The United States Department of Defense; and

����� (f) Federally recognized Indian tribes that may be affected by the application. [2019 c.650 �4; 2021 c.60 �1; 2023 c.336 �1; 2025 c.162 �3]

����� 215.447 Photovoltaic solar power generation facilities on high-value farmland. (1) As used in this section, �photovoltaic solar power generation facility� means an assembly of equipment and components that has the primary purpose of converting sunlight into electricity by photovoltaic effect and has the capability of storing or transferring the electricity.

����� (2) A photovoltaic solar power generation facility may be established on land that is high-value farmland, as defined in ORS 195.300 (10)(f)(C), provided the land:

����� (a) Is not located within the boundaries of an irrigation district;

����� (b) Is not at the time of the facility�s establishment, and was not at any time during the 20 years immediately preceding the facility�s establishment, the place of use of a water right permit, certificate, decree, transfer order or ground water registration authorizing the use of water for the purpose of irrigation;

����� (c) Is located within the service area of an electric utility described in ORS 469A.052 (2);

����� (d) Does not exceed the acreage the electric utility reasonably anticipates to be necessary to achieve the applicable renewable portfolio standard described in ORS