Title 197 · ORS Chapter 197
and in such manner as will facilitate sustained progress in attaining
Citation: ORS 455.380
Section: 455.380
455.380 and in such manner as will facilitate sustained progress in attaining the objectives established;
����� (2) Every state and local government agency that finds farmworker activities within the scope of its jurisdiction must make every effort to alleviate insanitary, unsafe and overcrowded accommodations;
����� (3) Special efforts should be directed toward mitigating hazards to families and children; and
����� (4) All accommodations must provide for the rights of free association to farmworkers in their places of accommodation. [1989 c.964 �2; 2001 c.613 �11]
����� 197.680 Legislative findings. The Legislative Assembly finds that:
����� (1) This state has a large stock of existing farmworker housing that does not meet minimum health and safety standards and is in need of rehabilitation;
����� (2) It is not feasible to rehabilitate much of the existing farmworker housing stock to meet building code standards;
����� (3) In order to assure that minimum standards are met in all farmworker housing in this state, certain interim measures must be taken; and
����� (4) Limited rehabilitation, outside city boundaries, must be allowed to a lesser standard than that set forth in the existing building codes. [1989 c.964 �3; 2001 c.613 �12]
����� 197.685 Location of farmworker housing; approval standards. (1) The availability of decent, safe and sanitary housing opportunities for farmworkers is a matter of statewide concern.
����� (2) Farmworker housing within the rural area of a county shall be permitted in a zone or zones in rural centers and areas committed to nonresource uses.
����� (3) Any approval standards, special conditions and procedures for approval adopted by a local government shall be clear and objective and shall not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay. [1989 c.964 �5; 2001 c.613 �4]
����� 197.705 [1973 c.482 �1; repealed by 1977 c.665 �24]
ECONOMIC DEVELOPMENT
����� 197.707 Legislative intent. It was the intent of the Legislative Assembly in enacting ORS chapters 195, 196, 197, 197A, 215 and 227 not to prohibit, deter, delay or increase the cost of appropriate development, but to enhance economic development and opportunity for the benefit of all citizens. [1983 c.827 �16]
����� 197.710 [1973 c.482 �3; repealed by 1977 c.665 �24]
����� 197.712 Commission duties; comprehensive plan provisions; public facility plans; state agency coordination plans; compliance deadline; rules. (1) In addition to the findings and policies set forth in ORS 197.005, 197.010 and 215.243, the Legislative Assembly finds and declares that, in carrying out statewide comprehensive land use planning, the provision of adequate opportunities for a variety of economic activities throughout the state is vital to the health, welfare and prosperity of all the people of the state.
����� (2) By the adoption of new goals or rules, or the application, interpretation or amendment of existing goals or rules, the Land Conservation and Development Commission shall implement all of the following:
����� (a) Comprehensive plans shall include an analysis of the community�s economic patterns, potentialities, strengths and deficiencies as they relate to state and national trends.
����� (b) Comprehensive plans shall contain policies concerning the economic development opportunities in the community.
����� (c) Comprehensive plans and land use regulations shall provide for at least an adequate supply of sites of suitable sizes, types, locations and service levels for industrial and commercial uses consistent with plan policies.
����� (d) Comprehensive plans and land use regulations shall provide for compatible uses on or near sites zoned for specific industrial and commercial uses.
����� (e) A city or county shall develop and adopt a public facility plan for areas within an urban growth boundary containing a population greater than 2,500 persons. The public facility plan shall include rough cost estimates for public projects needed to provide sewer, water and transportation for the land uses contemplated in the comprehensive plan and land use regulations. Project timing and financing provisions of public facility plans shall not be considered land use decisions.
����� (f) In accordance with ORS 197.180, state agencies that provide funding for transportation, water supply, sewage and solid waste facilities shall identify in their coordination programs how they will coordinate that funding with other state agencies and with the public facility plans of cities and counties. In addition, state agencies that issue permits affecting land use shall identify in their coordination programs how they will coordinate permit issuance with other state agencies and cities and counties.
����� (g) Local governments shall provide:
����� (A) Reasonable opportunities to satisfy local and rural needs for residential and industrial development and other economic activities on appropriate lands outside urban growth boundaries, in a manner consistent with conservation of the state�s agricultural and forest land base; and
����� (B) Reasonable opportunities for urban residential, commercial and industrial needs over time through changes to urban growth boundaries.
����� (3) A comprehensive plan and land use regulations shall be in compliance with this section by the first periodic review of that plan and regulations. [1983 c.827 �17; 1991 c.612 �17]
����� 197.713 Industrial development on industrial lands outside urban growth boundaries; exceptions. (1) Notwithstanding statewide land use planning goals relating to urbanization or to public facilities and services, a county or its designee may authorize:
����� (a) Industrial development, including accessory uses subordinate to the industrial development, in buildings of any size and type, subject to the permit approval process described in ORS 215.402 to 215.438 and to applicable building codes, in an area planned and zoned for industrial use on January 1, 2004, subject to the territorial limits described in subsections (2) and (3) of this section.
����� (b) On-site sewer facilities to serve the industrial development authorized under this section, including accessory uses subordinate to the industrial development.
����� (2) Subject to subsection (3) of this section, a county or its designee may consider the following land for industrial development under this section:
����� (a) Land more than three miles outside the urban growth boundary of every city with a population of 20,000 individuals or more; and
����� (b) Land outside the urban growth boundary of every city with a population of fewer than 20,000 individuals.
����� (3) A county or its designee may not authorize industrial development under this section on land within the Willamette Valley as defined in ORS 215.010.
����� (4) A county or its designee may not authorize under this section retail, commercial or residential development in the area zoned for industrial use. [2003 c.688 �1; 2005 c.666 �1]
����� Note: 197.713 and 197.714 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
����� 197.714 Cooperation of county and city concerning industrial development. (1) Notwithstanding the authority granted in ORS 197.713 and 197.716 to allow industrial or other employment use development, when a county or its designee considers action under ORS 197.713 or 197.716 for land within 10 miles of the urban growth boundary of a city, the county or its designee shall give notice to the city at least 21 days prior to taking action.
����� (2) If the city objects to the authorization of industrial or other employment use development under ORS 197.713 or 197.716, the city and county shall negotiate to establish conditions on the industrial or other employment use designation, development or changes in the development necessary to mitigate concerns raised by the city�s objection. [2003 c.688 �2; 2019 c.170 �3]
����� Note: See note under 197.713.
����� 197.715 [1973 c.482 �2; repealed by 1977 c.665 �24]
����� 197.716 Industrial and employment uses in listed counties; economic opportunity analysis. (1) As used in this section:
����� (a) �Economic opportunity analysis� means an analysis performed by a county that:
����� (A) Identifies the major categories of industrial uses or other employment uses that could reasonably be expected to expand or locate in the county based on a review of trends on a national, state, regional or county level;
����� (B) Identifies the number of sites by type reasonably expected to be needed to accommodate the expected employment growth based on the site characteristics typical of expected uses;
����� (C) Estimates the types and amounts of industrial uses and other employment uses likely to occur in the county based on subparagraphs (A) and (B) of this paragraph and considering the county�s economic advantages and disadvantages, including:
����� (i) Location, size and buying power of markets;
����� (ii) Availability of transportation facilities for access and freight mobility;
����� (iii) Public facilities and public services;
����� (iv) Labor market factors;
����� (v) Access to suppliers and utilities;
����� (vi) Necessary support services;
����� (vii) Limits on development due to federal and state environmental protection laws; and
����� (viii) Educational and technical training programs;
����� (D) Assesses community economic development potential through a public process in conjunction with state agencies and consistent with any categories or particular types of industrial uses and other employment uses desired by the community as identified in an existing comprehensive plan;
����� (E) Examines existing firms in the county to identify the types of sites that may require expansion;
����� (F) Includes an inventory of vacant and developed lands within the county designated for industrial use or other employment use, including:
����� (i) The description, including site characteristics, of vacant or developed sites within each plan or zoning district; and
����� (ii) A description of any development constraints or infrastructure needs that affect the buildable area of sites in the inventory; and
����� (G) Identifies additional potential sites for designation and rezoning that could reasonably accommodate expected industrial uses and other employment uses that cannot be met by existing inventories.
����� (b) �Industrial use� means industrial employment activities, including manufacturing, assembly, fabrication, processing, storage, logistics, warehousing, importation, distribution and transshipment and research and development.
����� (c) �Listed county� means Baker, Gilliam, Grant, Harney, Lake, Malheur, Sherman, Union, Wallowa or Wheeler County.
����� (d) �Other employment use� means all nonindustrial employment activities, including small scale commercial use, wholesale, service, nonprofit, business headquarters, administrative, governmental or employment activities that serve the medical, educational, social service, recreational or security industries and that occupy retail, office or flexible building types of any size or multibuilding campuses.
����� (e) �Reasonably be expected to expand or locate in the county� means that the county possesses the appropriate locational factors for the use or category of use.
����� (f)(A) �Small scale commercial use� means the low-impact use of land primarily for the retail sale of products or services, including offices.
����� (B) �Small scale commercial use� does not include use of land for factories, warehouses, freight terminals or wholesale distribution centers.
����� (2) A listed county that has adopted an economic opportunity analysis as part of its comprehensive plan may amend its comprehensive plan, land use regulations and zoning map to designate not more than 10 sites outside an urban growth boundary that cumulatively total not more than 50 acres of land if the sites were identified in any economic opportunity analysis as additional potential sites for industrial uses or other employment uses in order to allow for industrial uses and other employment uses without requiring an exception under ORS 197.732 to any statewide land use planning goals related to:
����� (a) Agriculture;
����� (b) Forest use; or
����� (c) Urbanization.
����� (3) A county may not designate a site under subsection (2) of this section:
����� (a) On any lands designated as high-value farmland as defined in ORS 195.300;
����� (b) Unless the county complies with ORS 197.714; and
����� (c) If any portion of the proposed site is for lands designated for forest use, unless the county:
����� (A) Notifies the State Forester in writing not less than 21 days before designating the site; and
����� (B) Cooperates with the State Forester in:
����� (i) Updating and classifying wildland-urban interface lands in and around the site;
����� (ii) Taking necessary steps to implement or update the wildland-urban interface fire protection system in and around the site; and
����� (iii) Implementing other fire protection measures authorized by the State Forester.
����� (4) A county may not amend its comprehensive plan, land use regulations or zoning map under this section to allow a use that would conflict with an administrative rule adopted for the purpose of implementing the Oregon Sage-Grouse Action Plan and Executive Order 15-18. [2019 c.170 �2; 2021 c.592 �41; 2025 c.590 �16]
����� 197.717 Technical assistance by state agencies; information from Oregon Business Development Department; model ordinances; rural economic development. (1) State agencies shall provide technical assistance to local governments in:
����� (a) Planning and zoning land adequate in amount, size, topography, transportation access and surrounding land use and public facilities for the special needs of various industrial and commercial uses;
����� (b) Developing public facility plans; and
����� (c) Streamlining local permit procedures.
����� (2) The Oregon Business Development Department shall provide a local government with �state and national trend� information to assist in compliance with ORS 197.712 (2)(a).
����� (3) The Land Conservation and Development Commission shall develop model ordinances to assist local governments in streamlining local permit procedures.
����� (4) The Department of Land Conservation and Development and the Oregon Business Development Department shall establish a joint program to assist rural communities with economic and community development services. The assistance shall include, but not be limited to, grants, loans, model ordinances and technical assistance. The purposes of the assistance are to remove obstacles to economic and community development and to facilitate that development. The departments shall give priority to communities with high rates of unemployment. [1983 c.827 �18; 1995 s.s. c.3 �36h; 1996 c.6 �10]
����� 197.719 Industrial use of abandoned or diminished mill sites; amendment of comprehensive plans and land use regulations; sewer facilities. (1) As used in this section, �abandoned or diminished mill site� means a mill, plant or other facility engaged in the processing or manufacturing of wood products, including sawmills and facilities for the production of plywood, veneer, hardboard, panel products, pulp and paper, that:
����� (a) Is located outside of urban growth boundaries;
����� (b) Was closed after January 1, 1980, or has been operating at less than 25 percent of capacity since January 1, 2003; and
����� (c) Contains or contained permanent buildings used in the production or manufacturing of wood products.
����� (2) Notwithstanding statewide land use planning goals protecting agricultural lands or forestlands or administrative rules implementing those goals, the governing body of a county may amend the county�s comprehensive plan and land use regulations to allow an abandoned or diminished mill site to be zoned for industrial use.
����� (3) Notwithstanding a statewide land use planning goal relating to urbanization or administrative rules implementing that goal, the governing body of a county may amend the county�s comprehensive plan and land use regulations to allow an abandoned or diminished mill site to be zoned for any level of industrial use.
����� (4) Notwithstanding a statewide land use planning goal relating to public facilities and services or administrative rules implementing that goal, the governing body of a county or its designee may approve:
����� (a) The extension of sewer facilities to lands that on June 10, 2003, are zoned for industrial use and that contain an abandoned or diminished mill site. The sewer facilities may serve only industrial uses authorized for the mill site and contiguous lands zoned for industrial use.
����� (b) The extension of sewer facilities to an abandoned or diminished mill site that is rezoned for industrial use under this section only as necessary to serve industrial uses authorized for the mill site.
����� (c) The establishment of on-site sewer facilities to serve an area that on June 10, 2003, is zoned for industrial use and that contains an abandoned or diminished mill site or to serve an abandoned or diminished mill site that is rezoned for industrial use under this section. The sewer facilities may serve only industrial uses authorized for the mill site and contiguous lands zoned for industrial use.
����� (5)(a) A local government, as defined in ORS 174.116, may not authorize a connection to any portion of a sewer facility located between an urban growth boundary or the boundary of an unincorporated community and the boundary of the mill site or the industrial zone containing the mill site, except as provided under a statewide land use planning goal relating to public facilities and services or under ORS 197.732.
����� (b) Sewer facilities approved under subsection (4) of this section shall be limited in size to meet the needs of authorized industrial uses and may not provide service to retail, commercial or residential development, except as provided under a statewide land use planning goal relating to public facilities and services or under ORS 197.732. The presence of the sewer facilities may not be used to justify an exception to statewide land use planning goals protecting agricultural lands or forestlands or relating to urbanization.
����� (6)(a) The governing body of a county or its designee shall determine the boundary of an abandoned or diminished mill site. For an abandoned or diminished mill site that is rezoned for industrial use under this section, land within the boundary of the mill site may include only those areas that were improved for the processing or manufacturing of wood products.
����� (b) For an abandoned or diminished mill site subject to subsection (2), (3) or (4) of this section, the governing body of a city or county or its designee may approve a permit, as defined in ORS 215.402 or 227.160, only for industrial development and accessory uses subordinate to such development on the mill site. The governing body or its designee may not approve a permit for retail, commercial or residential development on the mill site.
����� (7) For land that on June 10, 2003, is zoned under statewide land use planning goals protecting agricultural lands or forestlands and that is rezoned for industrial use under subsections (2) and (3) of this section, the governing body of the county or its designee may not later rezone the land for retail, commercial or other nonresource use, except as provided under the statewide land use planning goals or under ORS 197.732. [2003 c.252 �2; 2003 c.688 �3]
����� 197.722 Definitions for ORS 197.722 to 197.728. As used in ORS 197.722 to 197.728:
����� (1) �Industrial use� means employment activities, including, but not limited to, manufacturing, assembly, fabrication, processing, storage, logistics, warehousing, importation, distribution and transshipment and research and development, that generate income from the production, handling or distribution of goods or services, including goods or services in the traded sector, as defined in ORS