ORS 197A.362
Timing of Metro accommodation of needed housing
- lands for public schools
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)
Metro shall complete the inventory, determination and analysis required under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro) (3) not later than six years after completion of the previous inventory, determination and analysis.(2)
Intentionally left blank —Ed.(a)
Metro shall take such action as necessary under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro) (6)(a) to accommodate one-half of a 20-year buildable land supply determined under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro) (3) within one year of completing the analysis.(b)
Metro shall take all final action under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro) (6)(a) necessary to accommodate a 20-year buildable land supply determined under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro) (3) within two years of completing the analysis.(c)
The metropolitan service district shall take action under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro) (6)(b), within one year after the analysis required under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro) (3)(b) is completed, to provide sufficient buildable land within the urban growth boundary to accommodate the estimated housing needs for 20 years from the time the actions are completed.(d)
The metropolitan service district shall consider and adopt new measures that the governing body deems appropriate under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro) (6)(b).(3)
The commission may grant an extension to the time limits of subsection (2) of this section if the Director of the Department of Land Conservation and Development determines that the metropolitan service district has provided good cause for failing to meet the time limits.(4)
Intentionally left blank —Ed.(a)
Metro shall establish a process to expand the urban growth boundary to accommodate a need for land for a public school that cannot reasonably be accommodated within the existing urban growth boundary. Metro shall design the process to:(A)
Accommodate a need that must be accommodated between periodic analyses of urban growth boundary capacity required by subsection (1) of this section; and(B)
Provide for a final decision on a proposal to expand the urban growth boundary within four months after submission of a complete application by a large school district as defined in ORS 195.110 (School facility plan for large school districts).(b)
At the request of a large school district, Metro shall assist the district to identify school sites required by the school facility planning process described in ORS 195.110 (School facility plan for large school districts). A need for a public school is a specific type of identified land need under ORS 197A.355 (Priority of land to be included within Metro urban growth boundary) (3).(5)
At least three years after completing its most recent demonstration of sufficient buildable lands under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro), Metro may, on a single occasion, revise the determination and analysis required as part of the demonstration for the purpose of considering an amendment to the Metro’s urban growth boundary, provided:(a)
One or more cities within Metro have proposed a development that would require expansion of the urban growth boundary;(b)
The city or cities proposing the development have provided evidence to Metro that the proposed development would provide additional needed housing to the needed housing included in the most recent determination and analysis;(c)
The location chosen for the proposed development is adjacent to the city proposing the development; and(d)
The location chosen for the proposed development is located within an area designated and acknowledged as an urban reserve.(6)
Intentionally left blank —Ed.(a)
If Metro, after revising its most recent determination and analysis pursuant to subsection (5) of this section, concludes that an expansion of its urban growth boundary is warranted, Metro may take action to expand its urban growth boundary in one or more locations to accommodate the proposed development, provided the urban growth boundary expansion does not exceed a total of 1,000 acres.(b)
If Metro expands its urban growth boundary under this subsection, Metro:(A)
Must adopt the urban growth boundary expansion not more than four years after completing its most recent demonstration of sufficient buildable lands under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro); and(B)
Is exempt from the boundary location requirements described in the statewide land use planning goals relating to urbanization. [Formerly 197.299]
Source:
Section 197A.362 — Timing of Metro accommodation of needed housing; lands for public schools, https://www.oregonlegislature.gov/bills_laws/ors/ors197A.html.
Law Review Citations
93 OLR 455 (2014)
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