Oregon Statutes 197.015 – Definitions for ORS chapters 195, 196, 197 and 197A
As used in ORS chapters 195, 196, 197 and 197A, unless the context requires otherwise:
Terms Used In Oregon Statutes 197.015
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Statute: A law passed by a legislature.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(1) ‘Acknowledgment’ means a commission order that certifies that a comprehensive plan and land use regulations, land use regulation or plan or regulation amendment complies with the goals or certifies that Metro land use planning goals and objectives, Metro regional framework plan, amendments to Metro planning goals and objectives or amendments to the Metro regional framework plan comply with the goals.
(2) ‘Board’ means the Land Use Board of Appeals.
(3) ‘Carport’ means a stationary structure consisting of a roof with its supports and not more than one wall, or storage cabinet substituting for a wall, and used for sheltering a motor vehicle.
(4) ‘Commission’ means the Land Conservation and Development Commission.
(5) ‘Comprehensive plan’ means a generalized, coordinated land use map and policy statement of the governing body of a local government that interrelates all functional and natural systems and activities relating to the use of lands, including but not limited to sewer and water systems, transportation systems, educational facilities, recreational facilities, and natural resources and air and water quality management programs. ‘Comprehensive’ means all-inclusive, both in terms of the geographic area covered and functional and natural activities and systems occurring in the area covered by the plan. ‘General nature’ means a summary of policies and proposals in broad categories and does not necessarily indicate specific locations of any area, activity or use. A plan is ‘coordinated’ when the needs of all levels of governments, semipublic and private agencies and the citizens of Oregon have been considered and accommodated as much as possible. ‘Land’ includes water, both surface and subsurface, and the air.
(6) ‘Department’ means the Department of Land Conservation and Development.
(7) ‘Director’ means the Director of the Department of Land Conservation and Development.
(8) ‘Goals’ means the mandatory statewide land use planning standards adopted by the commission pursuant to ORS chapters 195, 196, 197 and 197A.
(9) ‘Guidelines’ means suggested approaches designed to aid cities and counties in preparation, adoption and implementation of comprehensive plans in compliance with goals and to aid state agencies and special districts in the preparation, adoption and implementation of plans, programs and regulations in compliance with goals. Guidelines are advisory and do not limit state agencies, cities, counties and special districts to a single approach.
(10) ‘Land use decision’:
(a) Includes:
(A) A final decision or determination made by a local government or special district that concerns the adoption, amendment or application of:
(i) The goals;
(ii) A comprehensive plan provision;
(iii) A land use regulation; or
(iv) A new land use regulation;
(B) A final decision or determination of a state agency other than the commission with respect to which the agency is required to apply the goals; or
(C) A decision of a county planning commission made under ORS § 433.763;
(b) Does not include a decision of a local government:
(A) That is made under land use standards that do not require interpretation or the exercise of policy or legal judgment;
(B) That approves or denies a building permit issued under clear and objective land use standards;
(C) That is a limited land use decision;
(D) That determines final engineering design, construction, operation, maintenance, repair or preservation of a transportation facility that is otherwise authorized by and consistent with the comprehensive plan and land use regulations;
(E) That is an expedited land division as described in ORS § 197.360;
(F) That approves, pursuant to ORS § 480.450 (7), the siting, installation, maintenance or removal of a liquefied petroleum gas container or receptacle regulated exclusively by the State Fire Marshal under ORS § 480.410 to 480.460;
(G) That approves or denies approval of a final subdivision or partition plat or that determines whether a final subdivision or partition plat substantially conforms to the tentative subdivision or partition plan; or
(H) That a proposed state agency action subject to ORS § 197.180 (1) is compatible with the acknowledged comprehensive plan and land use regulations implementing the plan, if:
(i) The local government has already made a land use decision authorizing a use or activity that encompasses the proposed state agency action;
(ii) The use or activity that would be authorized, funded or undertaken by the proposed state agency action is allowed without review under the acknowledged comprehensive plan and land use regulations implementing the plan; or
(iii) The use or activity that would be authorized, funded or undertaken by the proposed state agency action requires a future land use review under the acknowledged comprehensive plan and land use regulations implementing the plan;
(c) Does not include a decision by a school district to close a school;
(d) Does not include, except as provided in ORS § 215.213 (13)(c) or 215.283 (6)(c), authorization of an outdoor mass gathering as defined in ORS § 433.735, or other gathering of fewer than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period; and
(e) Does not include:
(A) A writ of mandamus issued by a circuit court in accordance with ORS § 215.429 or 227.179;
(B) Any local decision or action taken on an application subject to ORS § 215.427 or 227.178 after a petition for a writ of mandamus has been filed under ORS § 215.429 or 227.179; or
(C) A state agency action subject to ORS § 197.180 (1), if:
(i) The local government with land use jurisdiction over a use or activity that would be authorized, funded or undertaken by the state agency as a result of the state agency action has already made a land use decision approving the use or activity; or
(ii) A use or activity that would be authorized, funded or undertaken by the state agency as a result of the state agency action is allowed without review under the acknowledged comprehensive plan and land use regulations implementing the plan.
(11) ‘Land use regulation’ means any local government zoning ordinance, land division ordinance adopted under ORS § 92.044 or 92.046 or similar general ordinance establishing standards for implementing a comprehensive plan.
(12) ‘Limited land use decision’:
(a) Means a final decision or determination made by a local government pertaining to a site within an urban growth boundary that concerns:
(A) The approval or denial of a tentative subdivision or partition plan, as described in ORS § 92.040 (1).
(B) The approval or denial of an application based on discretionary standards designed to regulate the physical characteristics of a use permitted outright, including but not limited to site review and design review.
(b) Does not mean a final decision made by a local government pertaining to a site within an urban growth boundary that concerns approval or denial of a final subdivision or partition plat or that determines whether a final subdivision or partition plat substantially conforms to the tentative subdivision or partition plan.
(13) ‘Local government’ means any city, county or Metro or an association of local governments performing land use planning functions under ORS § 195.025.
(14) ‘Metro’ means a metropolitan service district organized under ORS Chapter 268.
(15) ‘Metro planning goals and objectives’ means the land use goals and objectives that Metro may adopt under ORS § 268.380 (1)(a). The goals and objectives do not constitute a comprehensive plan.
(16) ‘Metro regional framework plan’ means the regional framework plan required by the 1992 Metro Charter or its separate components. Neither the regional framework plan nor its individual components constitute a comprehensive plan.
(17) ‘New land use regulation’ means a land use regulation other than an amendment to an acknowledged land use regulation adopted by a local government that already has a comprehensive plan and land regulations acknowledged under ORS § 197.251.
(18) ‘Person’ means any individual, partnership, corporation, association, governmental subdivision or agency or public or private organization of any kind. The Land Conservation and Development Commission or its designee is considered a person for purposes of appeal under ORS chapters 195, 197 and 197A.
(19) ‘Special district’ means any unit of local government, other than a city, county, Metro or an association of local governments performing land use planning functions under ORS § 195.025, authorized and regulated by statute and includes but is not limited to water control districts, domestic water associations and water cooperatives, irrigation districts, port districts, regional air quality control authorities, fire districts, school districts, hospital districts, mass transit districts and sanitary districts.
(20) ‘Urban growth boundary’ means an acknowledged urban growth boundary contained in a city or county comprehensive plan or adopted by Metro under ORS § 268.390 (3).
(21) ‘Urban unincorporated community’ means an area designated in a county’s acknowledged comprehensive plan as an urban unincorporated community after December 5, 1994.
(22) ‘Voluntary association of local governments’ means a regional planning agency in this state officially designated by the Governor pursuant to the federal Office of Management and Budget Circular A-95 as a regional clearinghouse.
(23) ‘Wetlands’ means those areas that are inundated or saturated by surface or ground water at a frequency and duration that are sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. [1973 c.80 § 3; 1977 c.664 § 2; 1979 c.772 § 7; 1981 c.748 § 1; 1983 c.827 § 1; 1989 c.761 § 1; 1989 c.837 § 23; 1991 c.817 § 1; 1993 c.438 § 1; 1993 c.550 § 4; 1995 c.595 § 22; 1995 c.812 § 1; 1997 c.833 § 20; 1999 c.533 § 11; 1999 c.866 § 1; 2001 c.955 2,3; 2005 c.22 § 137; 2005 c.88 § 3; 2005 c.239 § 2; 2005 c.829 § 8; 2007 c.354 4,5; 2007 c.459 1,2; 2009 c.606 § 2; 2009 c.790 § 1; 2011 c.567 § 7; 2013 c.575 § 11; 2023 c.13 § 76]