Chapter 381 Oregon Laws 2003

AN ACT

HB 3061

Relating to approval of plats; amending ORS 92.100.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 92.100 is amended to read:

92.100. (1)(a) Before any subdivision or partition plat can be recorded, covering land within the corporate limits of any city, [it must be approved by] the county surveyor must approve the plat.

(b) Notwithstanding ORS 92.170, the governing body of the city may, by resolution or order, designate the city surveyor to serve in lieu of the county surveyor.

(c) Except as provided in subsection (4) of this section, if the land is outside the corporate limits of any city, the subdivision or partition plat shall be approved by the county surveyor before it is recorded.

(d) All subdivision plats must also be approved by the county assessor and the governing body of the county in which the property is located before recording. [However]

(e) Notwithstanding paragraph (d) of this subsection, a county may provide by ordinance for the approval of subdivision plats by:

(A) The county assessor; and

(B)(i) The chairperson [or vice chairperson] of the governing body of the county;

(ii) The vice chairperson of the governing body of the county; or

(iii) A person designated in lieu of the chairperson or vice chairperson.

(f) Unless provided for by ordinance of the governing body, partition plats shall be subject only to the approval of the city or county surveyor. The city or county surveyor shall review the partition plat only for compliance with the applicable provisions of this chapter and ORS 209.250.

(2) Before approving the subdivision plat as required by this section, the county surveyor shall check the subdivision site and the subdivision plat and shall take such measurements and make such computations and other determinations as are necessary to determine that the subdivision plat complies with the applicable provisions of this chapter and ORS 209.250 and with the subdivision requirements established pursuant to an ordinance or resolution passed by the governing body of the controlling city or county. For performing such service the county surveyor shall collect from the subdivider a fee of $100 plus $5 for each lot contained in the subdivision. The governing body of a city or county may establish a higher fee by resolution or order.

(3) Before approving the partition plat as required by this section, the county surveyor, as provided by subsection (1) of this section, shall check the partition plat and make such computations and other determinations that the partition plat complies with the provisions of this and other applicable laws and with the partition requirements established pursuant to an ordinance or resolution by the governing body of the controlling city or county. For performing such service, the county surveyor shall collect from the partitioner a fee to be established by the governing body.

(4) Any subdivision or partition plat prepared by the county surveyor in a private capacity shall be approved in accordance with subsection (2) or (3) of this section, whichever is applicable, by the surveyor of a county other than the county where the land is located and who has been designated by the county surveyor. The designated county surveyor shall collect the applicable subdivision or partition plat check fee, and any travel expenses incurred, as established by the designated county surveyor’s board of commissioners. The subdivision or partition plat check fee and other expenses shall be paid by the subdivider prior to approval of the subdivision or partition plat by the designated county surveyor.

(5) Nothing in this section shall be construed to prohibit a city, county or special district from requiring engineering review and approval of a subdivision plat to assure compliance with state and local subdivision requirements that relate to matters other than survey adequacy.

Approved by the Governor June 16, 2003

Filed in the office of Secretary of State June 16, 2003

Effective date January 1, 2004

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