Title 197 · ORS Chapter 197

in 2025]

Citation: ORS 197A.440

Section: 197A.440

197A.440 in 2025]

�� 197.490 [1987 c.785 �6; 1989 c.648 �56; renumbered 197A.438 in 2025]

RECREATIONAL VEHICLES

�� 197.492 Definitions. As used in this section and ORS 197.493:

�� (1) �Manufactured dwelling park� and �mobile home park� have the meanings given those terms in ORS 446.003.

�� (2) �Recreational vehicle� has the meaning given that term in ORS 174.101.

�� (3) �Recreational vehicle park�:

�� (a) Means a place where two or more recreational vehicles are located within 500 feet of one another on a lot, tract or parcel of land under common ownership and having as its primary purpose:

�� (A) The renting of space and related facilities for a charge or fee; or

�� (B) The provision of space for free in connection with securing the patronage of a person.

�� (b) Does not mean:

�� (A) An area designated only for picnicking or overnight camping; or

�� (B) A manufactured dwelling park or mobile home park. [2005 c.619 �11; 2019 c.422 �30; 2022 c.54 �14; 2024 c.102 �35]

�� 197.493 Placement and occupancy of recreational vehicle. (1) A state agency or local government may not prohibit the placement or occupancy of a recreational vehicle, or impose any limit on the length of occupancy of a recreational vehicle as a residential dwelling, solely on the grounds that the occupancy is in a recreational vehicle, if the recreational vehicle is:

�� (a) Allowed under ORS 215.490;

�� (b)(A) Located in a manufactured dwelling park, mobile home park or recreational vehicle park;

�� (B) Occupied as a residential dwelling; and

�� (C) Lawfully connected to water and electrical supply systems and a sewage disposal system; or

�� (c) On a lot or parcel with a manufactured dwelling or single-unit dwelling that is uninhabitable due to damages from a natural disaster, including wildfires, earthquakes, flooding or storms, until no later than the date:

�� (A) The dwelling has been repaired or replaced and an occupancy permit has been issued;

�� (B) The local government makes a determination that the owner of the dwelling is unreasonably delaying in completing repairs or replacing the dwelling; or

�� (C) Five years after the date the dwelling first became uninhabitable.

�� (2) Subsection (1) of this section does not limit the authority of a state agency or local government to impose other special conditions on the placement or occupancy of a recreational vehicle. [2005 c.619 �12; 2021 c.235 �1; 2023 c.9 �11; 2023 c.295 �3; 2023 c.327 �1; 2025 c.38 �11]

MORATORIUM ON CONSTRUCTION OR LAND DEVELOPMENT

�� 197.505 Definitions for ORS 197.505 to 197.540. As used in ORS 197.505 to 197.540:

�� (1) �Public facilities� means those public facilities for which a public facilities plan is required under ORS 197.712.

�� (2) �Special district� refers to only those entities as defined in ORS 197.015 (19) that provide services for which public facilities plans are required. [1980 c.2 �2; 1991 c.839 �1; 1993 c.438 �4; 1995 c.463 �1; 1999 c.838 �1; 2005 c.22 �144; 2007 c.354 �29]

�� 197.510 Legislative findings. The Legislative Assembly finds and declares that:

�� (1) The declaration of moratoria on construction and land development by cities, counties and special districts may have a negative effect not only on property owners, but also on the housing and economic development policies and goals of other local governments within the state, and therefore, is a matter of statewide concern.

�� (2) Such moratoria, particularly when limited in duration and scope, and adopted pursuant to growth management systems that further the statewide planning goals and local comprehensive plans, may be both necessary and desirable.

�� (3) Clear state standards should be established to ensure that:

�� (a) The need for moratoria is considered and documented;

�� (b) The impact on property owners, housing and economic development is minimized; and

�� (c) Necessary and properly enacted moratoria are not subjected to undue litigation. [1980 c.2 �1; 1991 c.839 �2; 1995 c.463 �2]

�� 197.520 Manner of declaring moratorium. (1) No city, county or special district may adopt a moratorium on construction or land development unless it first:

�� (a) Provides written notice to the Department of Land Conservation and Development at least 45 days prior to the final public hearing to be held to consider the adoption of the moratorium;

�� (b) Makes written findings justifying the need for the moratorium in the manner provided for in this section; and

�� (c) Holds a public hearing on the adoption of the moratorium and the findings which support the moratorium.

�� (2) For urban or urbanizable land, a moratorium may be justified by demonstration of a need to prevent a shortage of public facilities which would otherwise occur during the effective period of the moratorium. Such a demonstration shall be based upon reasonably available information, and shall include, but need not be limited to, findings:

�� (a) Showing the extent of need beyond the estimated capacity of existing public facilities expected to result from new land development, including identification of any public facilities currently operating beyond capacity, and the portion of such capacity already committed to development;

�� (b) That the moratorium is reasonably limited to those areas of the city, county or special district where a shortage of key public facilities would otherwise occur; and

�� (c) That the housing and economic development needs of the area affected have been accommodated as much as possible in any program for allocating any remaining public facility capacity.

�� (3) A moratorium not based on a shortage of public facilities under subsection (2) of this section may be justified only by a demonstration of compelling need. Such a demonstration shall be based upon reasonably available information and shall include, but need not be limited to, findings:

�� (a) For urban or urbanizable land:

�� (A) That application of existing development ordinances or regulations and other applicable law is inadequate to prevent irrevocable public harm from development in affected geographical areas;

�� (B) That the moratorium is sufficiently limited to ensure that a needed supply of affected housing types and the supply of commercial and industrial facilities within or in proximity to the city, county or special district are not unreasonably restricted by the adoption of the moratorium;

�� (C) Stating the reasons alternative methods of achieving the objectives of the moratorium are unsatisfactory;

�� (D) That the city, county or special district has determined that the public harm which would be caused by failure to impose a moratorium outweighs the adverse effects on other affected local governments, including shifts in demand for housing or economic development, public facilities and services and buildable lands, and the overall impact of the moratorium on population distribution; and

�� (E) That the city, county or special district proposing the moratorium has determined that sufficient resources are available to complete the development of needed interim or permanent changes in plans, regulations or procedures within the period of effectiveness of the moratorium.

�� (b) For rural land:

�� (B) Stating the reasons alternative methods of achieving the objectives of the moratorium are unsatisfactory;

�� (C) That the moratorium is sufficiently limited to ensure that lots or parcels outside the affected geographical areas are not unreasonably restricted by the adoption of the moratorium; and

�� (D) That the city, county or special district proposing the moratorium has developed a work plan and time schedule for achieving the objectives of the moratorium.

�� (4) No moratorium adopted under subsection (3)(a) of this section shall be effective for a period longer than 120 days, but such a moratorium may be extended provided the city, county or special district adopting the moratorium holds a public hearing on the proposed extension and adopts written findings that:

�� (a) Verify the problem giving rise to the need for a moratorium still exists;

�� (b) Demonstrate that reasonable progress is being made to alleviate the problem giving rise to the moratorium; and

�� (c) Set a specific duration for the renewal of the moratorium. No extension may be for a period longer than six months.

�� (5) Any city, county or special district considering an extension of a moratorium shall give the department at least 14 days� notice of the time and date of the public hearing on the extension. [1980 c.2 �3; 1991 c.839 �3; 1995 c.463 �3]

�� 197.522 [1999 c.838 �4; 2015 c.374 �3; 2023 c.13 �85; 2024 c.102 �31; 2025 c.38 �7; renumbered 197A.402 in 2025]

�� 197.524 Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits. (1) When a local government engages in a pattern or practice of delaying or stopping the issuance of permits, authorizations or approvals necessary for the subdivision or partitioning of, or construction on, any land, including delaying or stopping issuance based on a shortage of public facilities, the local government shall:

�� (a) Adopt a public facilities strategy under ORS 197.768; or

�� (b) Adopt a moratorium on construction or land development under ORS 197.505 to 197.540.

�� (2) The provisions of subsection (1) of this section do not apply to the delay or stopping of the issuance of permits, authorizations or approvals because they are inconsistent with the local government�s comprehensive plan or land use regulations. [1999 c.838 �3]

�� 197.530 Correction program; procedures. (1) A city, county or special district that adopts a moratorium on construction or land development in conformity with ORS 197.520 (1) and (2) shall within 60 days after the effective date of the moratorium adopt a program to correct the problem creating the moratorium. The program shall be presented at a public hearing. The city, county or special district shall give at least 14 days� advance notice to the Department of Land Conservation and Development of the time and date of the public hearing.

�� (2) No moratorium adopted under ORS 197.520 (2) shall be effective for a period longer than six months from the date on which the corrective program is adopted, but such a moratorium may be extended provided the city, county or special district adopting the moratorium holds a public hearing on the proposed extension and adopts written findings that:

�� (a) Verify that the problem giving rise to the moratorium still exists;

�� (b) Demonstrate that reasonable progress is being made to alleviate the problem giving rise to the moratorium; and

�� (c) Set a specific duration for the renewal of the moratorium.

�� (3) No single extension under subsection (2) of this section may be for a period longer than six months, and no moratorium shall be extended more than three times.

�� (4) Any city, county or special district considering an extension of a moratorium shall give the department at least 14 days� notice of the time and date of the public hearing on the extension. [1980 c.2 �4; 1991 c.839 �4]

�� 197.540 Review by Land Use Board of Appeals. (1) In the manner provided in ORS 197.830 to 197.845, the Land Use Board of Appeals shall review upon petition by a county, city or special district governing body or state agency or a person or group of persons whose interests are substantially affected, any moratorium on construction or land development or a corrective program alleged to have been adopted in violation of the provisions of ORS 197.505 to 197.540.

�� (2) If the board determines that a moratorium or corrective program was not adopted in compliance with the provisions of ORS 197.505 to 197.540, the board shall issue an order invalidating the moratorium.

�� (3) All review proceedings conducted by the Land Use Board of Appeals under subsection (1) of this section shall be based on the administrative record, if any, that is the subject of the review proceeding. The board shall not substitute its judgment for a finding solely of fact for which there is substantial evidence in the whole record.

�� (4) Notwithstanding any provision of ORS chapters 195, 196, 197 and 197A to the contrary, the sole standard of review of a moratorium on construction or land development or a corrective program is under the provisions of this section, and such a moratorium shall not be reviewed for compliance with the statewide planning goals adopted under ORS chapters 195, 196, 197 and 197A.

�� (5) The review of a moratorium on construction or land development under subsection (1) of this section shall be the sole authority for review of such a moratorium, and there shall be no authority for review in the circuit courts of this state. [1980 c.2 �5; 1983 c.827 �45; 2001 c.672 �9]

�� 197.550 [1995 s.s. c.3 �20; repealed by 1996 c.12 �14]

�� 197.553 [1995 s.s. c.3 �19; repealed by 1996 c.12 �14]

�� 197.556 [1995 s.s. c.3 �21; repealed by 1996 c.12 �14]

�� 197.559 [1995 s.s. c.3 �23; repealed by 1996 c.12 �14]

�� 197.562 [1995 s.s. c.3 �24; repealed by 1996 c.12 �14]

�� 197.565 [1995 s.s. c.3 �22; repealed by 1996 c.12 �14]

�� 197.568 [1995 s.s. c.3 �25; repealed by 1996 c.12 �14]

�� 197.571 [1995 s.s. c.3 �26; repealed by 1996 c.12 �14]

�� 197.574 [1995 s.s. c.3 �27; repealed by 1996 c.12 �14]

�� 197.577 [1995 s.s. c.3 �28; repealed by 1996 c.12 �14]

�� 197.581 [1995 s.s. c.3 �29; repealed by 1996 c.12 �14]

�� 197.584 [1995 s.s. c.3 �30; repealed by 1996 c.12 �14]

�� 197.587 [1995 s.s. c.3 �30a; 1997 c.800 �10; renumbered 267.334 in 1997]

�� 197.590 [1995 s.s. c.3 �31; repealed by 1996 c.12 �14]

�� 197.605 [1981 c.748 �3; repealed by 1983 c.827 �59]

POST-ACKNOWLEDGMENT PROCEDURES

�� 197.610 Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development; rules. (1) Before a local government adopts a change, including additions and deletions, to an acknowledged comprehensive plan or a land use regulation, the local government shall submit the proposed change to the Director of the Department of Land Conservation and Development. The Land Conservation and Development Commission shall specify, by rule, the deadline for submitting proposed changes, but in all cases the proposed change must be submitted at least 20 days before the local government holds the first evidentiary hearing on adoption of the proposed change. The commission may not require a local government to submit the proposed change more than 35 days before the first evidentiary hearing.

�� (2) If a local government determines that emergency circumstances beyond the control of the local government require expedited review, the local government shall submit the proposed changes as soon as practicable, but may submit the proposed changes after the applicable deadline.

�� (3) Submission of the proposed change must include all of the following materials:

�� (a) The text of the proposed change to the comprehensive plan or land use regulation implementing the plan;

�� (b) If a comprehensive plan map or zoning map is created or altered by the proposed change, a copy of the map that is created or altered;

�� (c) A brief narrative summary of the proposed change and any supplemental information that the local government believes may be useful to inform the director or members of the public of the effect of the proposed change;

�� (d) The date set for the first evidentiary hearing;

�� (e) The form of notice or a draft of the notice to be provided under ORS 197.797, if applicable; and

�� (f) Any staff report on the proposed change or information describing when the staff report will be available, and how a copy of the staff report can be obtained.

�� (4) The director shall cause notice of the proposed change to the acknowledged comprehensive plan or the land use regulation to be provided to:

�� (a) Persons that have requested notice of changes to the acknowledged comprehensive plan of the particular local government, using electronic mail, electronic bulletin board, electronic mailing list server or similar electronic method; and

�� (b) Persons that are generally interested in changes to acknowledged comprehensive plans, by posting notices periodically on a public website using the Internet or a similar electronic method.

�� (5) When a local government determines that the land use statutes, statewide land use planning goals and administrative rules of the commission that implement either the statutes or the goals do not apply to a proposed change to the acknowledged comprehensive plan and the land use regulations, submission of the proposed change under this section is not required.

�� (6) If, after submitting the materials described in subsection (3) of this section, the proposed change is altered to such an extent that the materials submitted no longer reasonably describe the proposed change, the local government must notify the Department of Land Conservation and Development of the alterations to the proposed change and provide a summary of the alterations along with any alterations to the proposed text or map to the director at least 10 days before the final evidentiary hearing on the proposal. The director shall cause notice of the alterations to be given in the manner described in subsection (4) of this section. Circumstances requiring resubmission of a proposed change may include, but are not limited to, a change in the principal uses allowed under the proposed change or a significant change in the location at which the principal uses would be allowed, limited or prohibited.

�� (7) When the director determines that a proposed change to an acknowledged comprehensive plan or a land use regulation may not be in compliance with land use statutes or the statewide land use planning goals, including administrative rules implementing either the statutes or the goals, the department shall notify the local government of the concerns at least 15 days before the final evidentiary hearing, unless there is only one hearing or the proposed change has been modified to the extent that resubmission is required under subsection (6) of this section.

�� (8) Notwithstanding subsection (7) of this section, the department may provide advisory recommendations to the local government concerning the proposed change to the acknowledged comprehensive plan or land use regulation. [1981 c.748 �4; 1983 c.827 �7; 1985 c.565 �27; 1989 c.761 �20; 1999 c.622 �1; 2011 c.280 �1]

�� 197.612 Comprehensive plan or land use regulation changes to conform plan or regulations to new requirement in statute, goal or rule. (1) Notwithstanding contrary provisions of state and local law, a local government that proposes a change to an acknowledged comprehensive plan or a land use regulation solely for the purpose of conforming the plan and regulations to new requirements in a land use statute, statewide land use planning goal or rule of the Land Conservation and Development Commission implementing the statutes or goals may take action to change the comprehensive plan or the land use regulation without holding a public hearing if:

�� (a) The local government gives notice to the Department of Land Conservation and Development of the proposed change in the manner provided by ORS 197.610 and 197.615; and

�� (b) The department confirms in writing that the only effect of the proposed change is to conform the comprehensive plan or the land use regulations to the new requirements.

�� (2) Notwithstanding the requirement under ORS 197.830 (2) that a person must have appeared before the local government orally or in writing, a person that has not appeared may petition for review of the decision under subsection (1) of this section solely to determine whether the only effect of the local decision is to conform the comprehensive plan or the land use regulation to the new requirements. [2011 c.280 �6]

�� 197.615 Submission of adopted comprehensive plan or land use regulation changes to Department of Land Conservation and Development. (1) When a local government adopts a proposed change to an acknowledged comprehensive plan or a land use regulation, the local government shall submit the decision to the Director of the Department of Land Conservation and Development within 20 days after making the decision.

�� (2) The submission must contain the following materials:

�� (a) A copy of the signed decision, the findings and the text of the change to the comprehensive plan or land use regulation;

�� (b) If a comprehensive plan map or zoning map is created or altered by the proposed change, a copy of the map that is created or altered;

�� (c) A brief narrative summary of the decision, including a summary of substantive differences from the proposed change submitted under ORS 197.610 and any supplemental information that the local government believes may be useful to inform the director or members of the public of the effect of the actual change; and

�� (d) A statement by the individual transmitting the submission, identifying the date of the decision and the date of the submission.

�� (3) The director shall cause notice of the decision and an explanation of the requirements for appealing the land use decision under ORS 197.830 to 197.845 to be provided to:

�� (b) Persons that are generally interested in changes to acknowledged comprehensive plans, by posting notices periodically on a public website using the Internet or a similar electronic method.

�� (4) On the same day the local government submits the decision to the director, the local government shall mail, or otherwise deliver, notice to persons that:

�� (a) Participated in the local government proceedings that led to the decision to adopt the change to the acknowledged comprehensive plan or the land use regulation; and

�� (b) Requested in writing that the local government give notice of the change to the acknowledged comprehensive plan or the land use regulation.

�� (5) The notice required by subsection (4) of this section must state how and where the materials described in subsection (2) of this section may be obtained and must:

�� (a) Include a statement by the individual delivering the notice that identifies the date on which the notice was delivered and the individual delivering the notice;

�� (b) List the locations and times at which the public may review the decision and findings; and

�� (c) Explain the requirements for appealing the land use decision under ORS 197.830 to 197.845. [1981 c.748 �5; 1983 c.827 �9; 1999 c.255 �1; 2011 c.280 �2]

�� 197.620 Appeal of certain comprehensive plan or land use regulation decision-making. (1) A decision to not adopt a legislative amendment or a new land use regulation is not appealable unless the amendment is necessary to address the requirements of a new or amended goal, rule or statute.

�� (2) Notwithstanding the requirements of ORS 197.830 (2) that a person have appeared before the local government orally or in writing to seek review of a land use decision, the Director of the Department of Land Conservation and Development or any other person may appeal the decision to the Land Use Board of Appeals if:

�� (a) The local government failed to submit all of the materials described in ORS 197.610 (3) or, if applicable, ORS 197.610 (6), and the failure to submit the materials prejudiced substantial rights of the Department of Land Conservation and Development or the person;

�� (b) Except as provided in subsection (3) of this section, the local government submitted the materials described in ORS 197.610 (3) or, if applicable, ORS 197.610 (6), after the deadline specified in ORS 197.610 (1) or (6) or rules of the Land Conservation and Development Commission, whichever is applicable; or

�� (c) The decision differs from the proposed changes submitted under ORS 197.610 to such an extent that the materials submitted under ORS 197.610 do not reasonably describe the decision.

�� (3) Subsection (2)(b) of this section does not authorize an appeal if the local government cures an untimely submission of materials as provided in this subsection. A local government may cure the untimely submission of materials by either:

�� (a) Postponing the date for the final evidentiary hearing by the greater of 10 days or the number of days by which the submission was late; or

�� (b) Holding the evidentiary record open for an additional period of time equal to 10 days or the number of days by which the submission was late, whichever is greater. Additionally, the local government shall provide notice of the postponement or record extension to the Department of Land Conservation and Development. [1981 c.748 �5a; 1983 c.827 �8; 1989 c.761 �21; 1991 c.612 �13a; 2011 c.280 �3]

�� 197.622 Amendments to acknowledged comprehensive plan or land use regulation after remand from Land Use Board of Appeals. When a local government adopts a change to an acknowledged comprehensive plan or land use regulation, and the Land Use Board of Appeals remands all or a portion of that decision based solely on inadequate findings or evidence, if the local government adopts the same changes following remand with revised findings and additional evidence responding to the remand, then a party may not raise new issues that could have been but were not previously raised before the board, but may only challenge the revised findings or additional evidence. [2023 c.551 �2]

�� 197.625 Acknowledgment of comprehensive plan or land use regulation changes; application prior to acknowledgment. (1) A local decision adopting a change to an acknowledged comprehensive plan or a land use regulation is deemed to be acknowledged when the local government has complied with the requirements of ORS 197.610 and 197.615 and either:

�� (a) The 21-day appeal period set out in ORS 197.830 (9) has expired and a notice of intent to appeal has not been filed; or

�� (b) If an appeal has been timely filed, the Land Use Board of Appeals affirms the local decision or, if an appeal of the decision of the board is timely filed, an appellate court affirms the decision.

�� (2) If the local decision adopting a change to an acknowledged comprehensive plan or a land use regulation is affirmed on appeal under ORS 197.830 to 197.855, the comprehensive plan or the land use regulation, as modified, is deemed to be acknowledged upon the date the decision of the board or the decision of an appellate court becomes final.

�� (3) Prior to acknowledgment of a change to an acknowledged comprehensive plan or a land use regulation:

�� (a) The change is effective at the time specified by local government charter or ordinance; and

�� (b) If the change was adopted in substantial compliance with ORS 197.610 and 197.615, the local government shall apply the change to land use decisions, expedited land divisions and limited land use decisions unless a stay is granted under ORS