ORS 197.772
Historic property

  • consent for designation
  • portable cooling devices allowed

(1)

Notwithstanding any other provision of law, a local government shall allow a property owner to refuse to consent to any form of historic property designation at any point during the designation process. Such refusal to consent shall remove the property from any form of consideration for historic property designation under ORS 358.480 (Definitions for ORS 358.480 to 358.545) to 358.545 (Rules) or other law, except for consideration or nomination to the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended (54 U.S.C. 300101 et seq.).

(2)

A permit for the demolition or modification of property removed from consideration for historic property designation under subsection (1) of this section may not be issued during the 120-day period following the date of the property owner’s refusal to consent.

(3)

A local government shall allow a property owner to remove from the property a historic property designation that was imposed on the property by the local government.

(4)

A local government may not enforce any ordinance or design regulation restricting the use of a portable cooling device, as defined in ORS 90.355 (Portable cooling device allowed) (1), based on a historic property designation for property used as a residential tenancy, unless:

(a)

The restriction is necessary to protect or prohibit the removal of historical architectural features of the property; or

(b)

The restriction only requires that the device be removed from October 1 through April 30. [1995 c.693 §21; 2001 c.540 §19; 2021 c.97 §18; 2022 c.86 §5]
Note: Section 6 (4), chapter 86, Oregon Laws 2022, provides:
Sec. 6. (4) The amendments to ORS 197.772 (Historic property) by section 5 of this 2022 Act apply to ordinances and design regulations adopted by a local government before, on or after the effective date of this 2022 Act [March 23, 2022]. [2022 c.86 §6(4)]

Source: Section 197.772 — Historic property; consent for designation; portable cooling devices allowed, https://www.­oregonlegislature.­gov/bills_laws/ors/ors197.­html.

Notes of Decisions

As used in this section, “property owner” refers to person who owned property when historic property designation was imposed, not to person who acquired property after designation is in place, so subsequent owner may not remove designation. Lake Oswego Preservation Society v. City of Lake Oswego, 360 Or 115, 379 P3d 462 (2016)

197.005
Legislative findings 197.010
Policy 197.012
Compact urban development 197.013
Implementation and enforcement are of statewide concern 197.015
Definitions for ORS chapters 195, 196, 197 and 197A 197.020
Land use decision considerations 197.022
Policy regarding ORS 215.433 and 227.184 197.030
Land Conservation and Development Commission 197.035
Officers 197.040
Duties of commission 197.045
Powers of commission 197.047
Notice to local governments and property owners of changes to commission rules or certain statutes 197.050
Interstate agreements and compacts 197.060
Biennial report 197.065
Biennial report analyzing uses of certain land 197.070
Public inspection of assessments prepared by commission 197.075
Department of Land Conservation and Development 197.085
Director 197.090
Duties and authority of director 197.095
Land Conservation and Development Account 197.158
Policy-neutral review and audit of statewide land use program 197.160
State Citizen Involvement Advisory Committee 197.165
Local Officials Advisory Committee 197.173
Findings regarding coordination between state agencies and local governments 197.175
Cities’ and counties’ planning responsibilities 197.180
State agency planning responsibilities 197.183
Local government to notify Department of Aviation of applications received for certain water impoundments 197.186
Removal from buildable lands inventory of land subject to open space tax assessment 197.195
Limited land use decision 197.200
Refinement plan 197.225
Preparation 197.230
Considerations 197.235
Public hearings 197.240
Commission action 197.245
Commission amendment of initial goals 197.250
Compliance with goals required 197.251
Compliance acknowledgment 197.253
Participation in local proceedings required for submitting comments and objections 197.254
Bar to contesting acknowledgment, appealing or seeking amendment 197.256
Acknowledgment deadline for newly incorporated cities 197.265
State compensation for costs of defending compliance actions 197.270
Copies of comprehensive plan and land use regulations 197.274
Review of Metro regional framework plan 197.277
Oregon Forest Practices Act 197.279
Approved wetland conservation plans comply with goals 197.283
Commission to assure protection of ground water resources 197.319
Procedures prior to request of an enforcement order 197.320
Power of commission to order compliance with goals and plans 197.324
Proceedings prior to order of compliance with goals 197.328
Procedures to consider order to comply with goals 197.335
Order for compliance with goals 197.340
Weight given to goals in planning practice 197.350
Burden of persuasion or proof in appeal to board or commission 197.353
Measure 37 timelines 197.360
“Expedited land division” defined 197.365
Application 197.370
Failure of local government to timely act on application 197.375
Appeal of local government to referee 197.380
Application fees 197.390
Activities on federal land 197.395
Application for permit 197.405
Designation of areas of critical state concern 197.410
Use and activities regulated 197.412
Enforcement powers 197.416
Metolius Area of Critical State Concern 197.428
Navigational channel improvements 197.431
Expansion of speedway destination site 197.432
Definitions for ORS 197.431 to 197.434 197.433
Development of major motor speedway 197.434
Traffic impacts of speedway destination 197.435
Definitions for ORS 197.435 to 197.467 197.440
Legislative findings 197.445
Destination resort criteria 197.450
Siting without taking goal exception 197.455
Siting of destination resorts 197.460
Compatibility with adjacent land uses 197.462
Use of land excluded from destination resort 197.465
Comprehensive plan implementing measures 197.467
Conservation easement to protect resource site 197.468
Purpose 197.469
Definitions for ORS 197.468 to 197.472 197.470
Grant program 197.471
Community Green Infrastructure Fund 197.472
Advisory committee 197.475
Policy 197.478
Siting of manufactured homes and prefabricated structures within urban growth boundaries 197.480
Planning for parks 197.485
Prohibition on restrictions of manufactured dwelling or prefabricated structure 197.488
Replacement of park destroyed by natural disaster 197.490
Restriction on establishment of park 197.492
Definitions for ORS 197.492 and 197.493 197.493
Placement and occupancy of recreational vehicle 197.505
Definitions for ORS 197.505 to 197.540 197.510
Legislative findings 197.520
Manner of declaring moratorium 197.522
Local government to approve subdivision, partition or construction 197.524
Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits 197.530
Correction program 197.540
Review by Land Use Board of Appeals 197.610
Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development 197.612
Comprehensive plan or land use regulation changes to conform plan or regulations to new requirement in statute, goal or rule 197.615
Submission of adopted comprehensive plan or land use regulation changes to Department of Land Conservation and Development 197.620
Appeal of certain comprehensive plan or land use regulation decision-making 197.622
Amendments to acknowledged comprehensive plan or land use regulation after remand from Land Use Board of Appeals 197.625
Acknowledgment of comprehensive plan or land use regulation changes 197.626
Submission of land use decisions that expand urban growth boundary or designate urban or rural reserves 197.627
Meaning of “compliance with the goals” for certain purposes 197.628
Periodic review 197.629
Schedule for periodic review 197.631
Commission to amend regulations to facilitate periodic review 197.633
Two phases of periodic review 197.636
Procedures and actions for failure to meet periodic review deadlines 197.638
Department of Land Conservation and Development may request review by Oregon Business Development Department of local inventory and analysis of industrial and commercial land 197.639
State assistance teams 197.644
Modification of work program 197.646
Implementation of new requirement in goal, rule or statute 197.649
Fees for notice 197.650
Appeal to Court of Appeals 197.651
Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission 197.652
Regional problem-solving process 197.654
Regional problem-solving goals, actions and agreements 197.656
Commission approval of comprehensive plans not in compliance with goals 197.658
Modifying local work plan 197.659
Commission approval of certain changes in comprehensive plans or land use regulations 197.660
Definitions 197.663
Legislative findings 197.665
Locations of residential homes 197.667
Location of residential facility 197.670
Zoning requirements and prohibitions for residential homes and residential facilities 197.677
Policy 197.680
Legislative findings 197.685
Location of farmworker housing 197.707
Legislative intent 197.712
Commission duties 197.713
Industrial development on industrial lands outside urban growth boundaries 197.714
Cooperation of county and city concerning industrial development 197.716
Industrial and employment uses in listed counties 197.717
Technical assistance by state agencies 197.719
Industrial use of abandoned or diminished mill sites 197.722
Definitions for ORS 197.722 to 197.728 197.723
Designation of regionally significant industrial areas 197.724
Review of application for land use permit within regionally significant industrial area 197.726
Jurisdiction on appeal 197.727
Fee for review 197.728
Rules 197.732
Goal exceptions 197.734
Exceptions to certain statewide planning goal criteria 197.736
Commission implementation of ORS 197.340 and 197.732 197.746
Transitional housing accommodations 197.748
Conversion of hotel or motel to emergency shelter or affordable housing 197.752
Lands available for urban development 197.754
Land identified for urban services 197.756
Farm use assessment in area identified for urban services 197.761
Development of residential platted lot 197.768
Local government or special district adoption of public facilities strategy 197.770
Firearms training facilities 197.772
Historic property 197.782
Emergency shelters developed under temporary authorization 197.783
Local approval of emergency shelters 197.791
Inventory of local government surplus real property 197.794
Notice to railroad company upon certain applications for land use decision, limited land use decision or expedited land use decision 197.796
Applicant for certain land use decisions may accept and appeal condition imposed on application 197.797
Local quasi-judicial land use hearings 197.798
Rules regulating transportation improvements by city or county 197.805
Policy on review of land use decisions 197.810
Land Use Board of Appeals 197.815
Office location 197.820
Duty to conduct review proceedings 197.825
Jurisdiction of board 197.828
Board review of limited land use decision 197.829
Board to affirm certain local government interpretations 197.830
Review procedures 197.831
Appellate review of clear and objective approval standards, conditions and procedures for needed housing 197.832
Board Publications Account 197.835
Scope of review 197.840
Exceptions to deadline for final decision 197.843
Attorney fees for applicant developing affordable housing 197.845
Stay of decision being reviewed 197.850
Judicial review of board order 197.855
Deadline for final court order 197.860
Stay of proceedings to allow mediation
Green check means up to date. Up to date

Current through early 2026

§ 197.772’s source at oregon​.gov

 


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