ORS 197A.025
Policy
- rulemaking principles
Amended by HB 4063
Effective since June 6, 2024
Relating to housing; creating new provisions; amending ORS 92.031, 92.305, 92.325, 92.425, 184.451, 184.453, 184.455, 197.320, 197.480, 197.492, 197.522, 197A.015, 197A.018, 197A.025, 197A.210, 197A.215, 197A.300, 197A.302, 197A.325, 197A.335, 197A.348, 197A.362, 215.427, 227.178, 307.674, 307.681 and 696.805; and prescribing an effective date.
(1)
In adopting rules under ORS chapter 197A and statewide planning goals relating to housing or urbanization, or administering the rules or statutes, the Land Conservation and Development Commission and Department of Land Conservation and Development shall be guided by the following principles:(a)
Housing that is safe, accessible and affordable in the community of their choice should be available to every Oregonian.(b)
Building enough equitable housing must be a top priority.(c)
The development and implementation of the housing production strategy should be the focal point by which the department collaborates with local governments to address and eliminate local barriers to housing production.(d)
Expertise, technical assistance, model ordinances and other tools and resources to address housing production should be provided to local governments, using cooperative planning tools embodied in ORS 197A.103 (Review of housing production strategy) and 197A.130 (Identification of cities with unmet housing needs), but not to the exclusion of the expedient use of enforcement authority, including compliance orders under ORS 197.319 (Procedures prior to request of an enforcement order) to 197.335 (Order for compliance with goals).(e)
Housing production should support fair and equitable housing outcomes, environmental justice, climate resilience and access to opportunity.(f)
Housing production should not be undermined by litigation, regulatory uncertainty or repetitive or unnecessary procedures.(g)
Local governments, to the greatest extent possible, should take actions within their control to facilitate the production of housing to meet housing production targets under ORS 184.455 (Allocation of housing production targets).(2)
Each public body, as defined in ORS 174.109 (“Public body” defined), shall use its authority to remove barriers to, and to create pathways for, the development of needed housing and shall collaborate with the department and local governments to identify and implement strategies to support housing production where there is insufficient housing production and choice.(3)
In adopting rules implementing ORS chapter 197A and statewide land use goals relating to housing and urbanization, the commission may approve a range of methodologies, policy options or assumptions that a local government may adopt in determining:(a)
Needed housing;(b)
Housing production strategies or housing coordination strategies;(c)
Buildable lands or housing capacity;(d)
Amendments to urban growth boundaries, including under ORS 197A.215 (Application to remove property from within urban growth boundary), 197A.270 (Determination of housing capacity and accommodation of needed housing by cities with population of 25,000 or greater) (5)(a), 197A.285 (Priority of land to be included within urban growth boundaries) to 197A.325 (Review of final decision of city), 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro) (6)(a) and 197A.362 (Timing of Metro accommodation of needed housing); or(e)
Adoption or amendments to urban reserves or rural reserves under ORS 197A.230 (Definitions for ORS 197A.230 to 197A.250) to 197A.250 (Designation of certain Washington County lands). [2023 c.13 §8](a)
On or before June 30, 2024, adopt a schedule by which cities, as defined in ORS 197.286 [renumbered 197A.015 (Definitions for ORS 197.475 to 197.493 and ORS chapter 197A)], in Tillamook County shall demonstrate sufficient buildable lands;(b)
On or before January 1, 2025, to implement ORS 197.290 [renumbered 197A.100 (Housing production strategy)], 197.291 [renumbered 197A.103 (Review of housing production strategy)], 197.293 [renumbered 197A.130 (Identification of cities with unmet housing needs)], 197.319 (Procedures prior to request of an enforcement order) (4), 197.320 (Power of commission to order compliance with goals and plans) (13) and 197.335 (Order for compliance with goals) (6); and(c)
On or before January 1, 2026, to implement ORS 197.286 to 197.314 [series became ORS chapter 197A], except as provided in paragraph (b) of this subsection.(2)
In adopting rules under this section, the commission shall prioritize:(a)
Facilitating and encouraging housing production, affordability and housing choice on buildable lands within an urban growth boundary;(b)
Providing greater clarity and certainty in the adoption and acknowledgement of housing capacity analyses, urban growth boundary amendments, urban growth boundary exchanges or urban reserves to accommodate an identified housing need;(c)
Reducing analytical burden, minimizing procedural redundancy and increasing legal certainty for local governments pursuing urban growth boundary amendments, urban growth boundary exchanges or urban reserves where a housing need is identified, especially for smaller cities, consistent with the appropriate protection of resource lands; and(d)
Supporting coordinated public facilities planning, annexation, and comprehensive plan amendments to facilitate the development of lands brought into an urban growth boundary.(3)
In adopting rules under subsection (1)(b) of this section, the commission shall:(a)
Consult with the Housing and Community Services Department, Department of Transportation, Department of Environmental Quality, Department of State Lands, Oregon Business Development Department and Department of Consumer and Business Services;(b)
Provide clear parameters on the types and extent of actions needed or allowed under ORS 197.290 (3) that are consistent with the technical and resource capacities of varying sizes of local governments; and(c)
Recognize actions already taken by local governments to support the development of all types of needed housing.(4)
To avoid interference with current planning activities or to avoid unjust or surprising results, the Land Conservation and Development Commission may postpone, for cities specified by the commission, the applicability of section 13 [197A.210 (Development-ready lands)], 21 [197A.280 (Determination of housing capacity and accommodation of needed housing by cities with population of less than 25,000)], 22 [197A.270 (Determination of housing capacity and accommodation of needed housing by cities with population of 25,000 or greater)] or 23 [197A.018 (Definition of “needed housing.”)], chapter 13, Oregon Laws 2023, and the amendments to ORS 197.286, 197.290, 197.296 [renumbered 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro)], 197.297 [renumbered 197A.335 (Determination of housing capacity and accommodation of needed housing by Metro cities)] and 197.303 [renumbered 197A.348 (Definition of “needed housing.”)] by sections 12 and 25 to 28, chapter 13, Oregon Laws 2023, until a date that is not later than January 1, 2027.(5)
To provide for flexibility and coordination of county resources, the commission may adopt any policies or rules necessary to allow cities, as defined in ORS 197.286, in Tillamook County to cooperate with the county in fulfilling any of the cities’ duties under ORS 197.286 to 197.314 or coordinating the distribution of any funds to the cities for such purposes. [2023 c.13 §9; 2023 c.283 §7; 2023 c.326 §7](2)
No later than January 1, 2025, the Oregon Department of Administrative Services shall:(a)
Conduct the initial statewide housing analysis and the initial estimate and allocation of housing need under section 2, chapter 13, Oregon Laws 2023 [184.453 (Statewide housing analysis)].(b)
Establish the initial housing production targets under section 3, chapter 13, Oregon Laws 2023.(3)
No later than January 1, 2025, the Housing and Community Services Department shall:(a)
Publish the statewide housing production dashboard under section 4, chapter 13, Oregon Laws 2023 [456.601 (Statewide housing production dashboard)]; and(b)
Publish statewide housing equity indicators under section 5, chapter 13, Oregon Laws 2023 [456.602 (Statewide housing equity indicators)].(4)
The schedule adopted by the Department of Land Conservation and Development under subsection (1) of this section is not a land use decision and is not subject to appeal. [2023 c.13 §6; 2023 c.326 §6]
Source:
Section 197A.025 — Policy; rulemaking principles, https://www.oregonlegislature.gov/bills_laws/ors/ors197A.html.
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