Title 195 · ORS Chapter 195

or the procedural rules of the commission, the boundary commission, by

Citation: ORS 199.462

Section: 199.462

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]

�� 195.235 Application of other annexation procedures. 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

�� 195.250 Definitions for ORS 195.250 to 195.260. 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.

�� 195.253 Policy. 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.

�� 195.256 Legislative findings. 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.

�� 195.260 Duties of local governments, state agencies and landowners in landslide hazard areas. (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 401.032.

�� (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 Oregon Department of Emergency Management 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; 2007 c.740 �37; 2021 c.539 �26]

�� Note: See note under 195.250.

�� 195.263 [1999 c.1103 �5; repealed by 2003 c.141 �2]

�� 195.266 [1999 c.1103 �6; repealed by 2003 c.141 �2]

�� 195.270 [1999 c.1103 �7; repealed by 2003 c.141 �2]

�� 195.275 [1999 c.1103 �9; repealed by 2003 c.141 �2]

JUST COMPENSATION FOR LAND USE REGULATION

�� 195.300 Definitions for ORS 195.300 to 195.336. As used in this section and ORS 195.301 and 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, and sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010:

�� (1) �Acquisition date� means the date described in ORS 195.328.

�� (2) �Claim� means a written demand for compensation filed under:

�� (a) ORS 195.305, as in effect immediately before December 6, 2007; or

�� (b) ORS 195.305 and 195.310 to 195.314, as in effect on and after December 6, 2007.

�� (3) �Enacted� means enacted, adopted or amended.

�� (4) �Fair market value� means the value of property as determined under ORS 195.332.

�� (5) �Farming practice� has the meaning given that term in ORS 30.930.

�� (6) �Federal law� means:

�� (a) A statute, regulation, order, decree or policy enacted by a federal entity or by a state entity acting under authority delegated by the federal government;

�� (b) A requirement contained in a plan or rule enacted by a compact entity; or

�� (c) A requirement contained in a permit issued by a federal or state agency pursuant to a federal statute or regulation.

�� (7) �File� means to submit a document to a public entity.

�� (8) �Forest practice� has the meaning given that term in ORS 527.620.

�� (9) �Ground water restricted area� means an area designated as a critical ground water area or as a ground water limited area by the Water Resources Department or Water Resources Commission before December 6, 2007.

�� (10) �High-value farmland� means:

�� (a) High-value farmland as described in ORS 215.710 that is land in an exclusive farm use zone or a mixed farm and forest zone, except that the dates specified in ORS 215.710 (2), (4) and (6) are December 6, 2007.

�� (b) Land west of U.S. Highway 101 that is composed predominantly of the following soils in Class III or IV or composed predominantly of a combination of the soils described in ORS 215.710 (1) and the following soils:

�� (A) Subclassification IIIw, specifically Ettersburg Silt Loam and Croftland Silty Clay Loam;

�� (B) Subclassification IIIe, specifically Klooqueth Silty Clay Loam and Winchuck Silt Loam; and

�� (C) Subclassification IVw, specifically Huffling Silty Clay Loam.

�� (c) Land that is in an exclusive farm use zone or a mixed farm and forest zone and that on June 28, 2007, is:

�� (A) Within the place of use for a permit, certificate or decree for the use of water for irrigation issued by the Water Resources Department;

�� (B) Within the boundaries of a district, as defined in ORS 540.505; or

�� (C) Within the boundaries of a diking district formed under ORS chapter 551.

�� (d) Land that contains not less than five acres planted in wine grapes.

�� (e) Land that is in an exclusive farm use zone and that is at an elevation between 200 and 1,000 feet above mean sea level, with an aspect between 67.5 and 292.5 degrees and a slope between zero and 15 percent, and that is located within:

�� (A) The Southern Oregon viticultural area as described in 27 C.F.R. 9.179;

�� (B) The Umpqua Valley viticultural area as described in 27 C.F.R. 9.89; or

�� (C) The Willamette Valley viticultural area as described in 27 C.F.R. 9.90.

�� (f) Land that is in an exclusive farm use zone and that is no more than 3,000 feet above mean sea level, with an aspect between 67.5 and 292.5 degrees and a slope between zero and 15 percent, and that is located within:

�� (A) The portion of the Columbia Gorge viticultural area as described in 27 C.F.R. 9.178 that is within the State of Oregon;

�� (B) The Rogue Valley viticultural area as described in 27 C.F.R. 9.132;

�� (C) The portion of the Columbia Valley viticultural area as described in 27 C.F.R. 9.74 that is within the State of Oregon;

�� (D) The portion of the Walla Walla Valley viticultural area as described in 27 C.F.R. 9.91 that is within the State of Oregon; or

�� (E) The portion of the Snake River Valley viticultural area as described in 27 C.F.R. 9.208 that is within the State of Oregon.

�� (11) �High-value forestland� means land:

�� (a) That is in a forest zone or a mixed farm and forest zone, that is located in western Oregon and composed predominantly of soils capable of producing more than 120 cubic feet per acre per year of wood fiber and that is capable of producing more than 5,000 cubic feet per year of commercial tree species; or

�� (b) That is in a forest zone or a mixed farm and forest zone, that is located in eastern Oregon and composed predominantly of soils capable of producing more than 85 cubic feet per acre per year of wood fiber and that is capable of producing more than 4,000 cubic feet per year of commercial tree species.

�� (12) �Home site approval� means approval of the subdivision or partition of property or approval of the establishment of a dwelling on property.

�� (13) �Just compensation� means:

�� (a) Relief under sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, for land use regulations enacted on or before January 1, 2007; and

�� (b) Relief under ORS 195.310 to 195.314 for land use regulations enacted after January 1, 2007.

�� (14) �Land use regulation� means:

�� (a) A statute that establishes a minimum lot or parcel size;

�� (b) A provision in ORS 227.030 to 227.300, 227.350, 227.400, 227.450 or 227.500 or in ORS chapter 215 that restricts the residential use of private real property;

�� (c) A provision of a city comprehensive plan, zoning ordinance or land division ordinance that restricts the residential use of private real property zoned for residential use;

�� (d) A provision of a county comprehensive plan, zoning ordinance or land division ordinance that restricts the residential use of private real property;

�� (e) A provision, enacted or adopted on or after January 1, 2010, of:

�� (A) The Oregon Forest Practices Act;

�� (B) An administrative rule of the State Board of Forestry; or

�� (C) Any other law enacted, or rule adopted, solely for the purpose of regulating a forest practice;

�� (f) ORS 561.191, a provision of ORS 568.900 to 568.933 or an administrative rule of the State Department of Agriculture that implements ORS 561.191 or 568.900 to 568.933;

�� (g) An administrative rule or goal of the Land Conservation and Development Commission; or

�� (h) A provision of a Metro functional plan that restricts the residential use of private real property.

�� (15) �Lawfully established unit of land� has the meaning given that term in ORS 92.010.

�� (16) �Lot� has the meaning given that term in ORS 92.010.

�� (17) �Measure 37 permit� means a final decision by Metro, a city or a county to authorize the development, subdivision or partition or other use of property pursuant to a waiver.

�� (18) �Owner� means:

�� (a) The owner of fee title to the property as shown in the deed records of the county where the property is located;

�� (b) The purchaser under a land sale contract, if there is a recorded land sale contract in force for the property; or

�� (c) If the property is owned by the trustee of a revocable trust, the settlor of a revocable trust, except that when the trust becomes irrevocable only the trustee is the owner.

�� (19) �Parcel� has the meaning given that term in ORS 92.010.

�� (20) �Property� means the private real property described in a claim and contiguous private real property that is owned by the same owner, whether or not the contiguous property is described in another claim, and that is not property owned by the federal government, an Indian tribe or a public body, as defined in ORS