72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 3631
Sponsored by Representative GARRARD; Representatives ANDERSON,
BACKLUND, BERGER, BROWN, BUTLER, CLOSE, FARR, FLORES, GALLEGOS,
GILMAN, JENSON, KITTS, KNOPP, KRIEGER, KROPF, KRUMMEL, KRUSE,
MABREY, MILLER, MORGAN, NELSON, PATRIDGE, RICHARDSON, SCOTT, G
SMITH, P SMITH, T SMITH, WESTLUND, WILLIAMS, ZAUNER, Senators
ATKINSON, BEYER, CLARNO, FERRIOLI, FISHER, GEORGE, HARPER,
MESSERLE, MINNIS, MORSE, NELSON, B STARR, C STARR, WINTERS
CHAPTER ................
AN ACT
Relating to land use planning for urban areas, including Forest
Park.
Be It Enacted by the People of the State of Oregon:
+ }
SECTION 1. { + Sections 2 to 4 of this 2003 Act are added to
and made a part of ORS chapter 197. + }
SECTION 2. { + The Legislative Assembly finds:
(1) Portland's Forest Park and other large urban parks preserve
the livability of metropolitan areas for thousands of Oregonians
by providing recreational opportunities and easy access to
nature;
(2) Large parks along the perimeter of urban growth boundaries
play a crucial role in preserving farm and forest economies by
buffering otherwise incompatible uses of urban and rural lands;
and
(3) Local governments with land use planning authority should
exercise that authority in a manner that preserves and enhances
the unique values of large urban parks. + }
SECTION 3. { + As used in sections 2 to 4 of this 2003 Act:
(1) 'Area of influence' means rural land that is within two
miles of a large urban park and that contributes to the natural
and open space values of the large urban park, including wildlife
and riparian corridors.
(2) 'Large urban park' means:
(a) Portland's Forest Park, including the Balch Creek
watershed.
(b) A park containing more than 1,000 acres adjoining an urban
growth boundary. + }
SECTION 4. { + (1) A local government that exercises land use
planning authority for land within or adjoining a large urban
park shall:
(a) Determine precise boundaries of the large urban park and
its area of influence;
(b) Prepare a summary of local, regional or state programs that
apply to the large urban park and its area of influence; and
Enrolled House Bill 3631 (HB 3631-B) Page 1
(c) Ensure that the regional framework plan and applicable
comprehensive plans preserve the natural and open space values of
the large urban park.
(2) In performing the actions required by this section, a local
government shall consult with other appropriate entities
including, but not limited to, members of the public and affected
state or local agencies.
(3) Land identified as an area of influence under sections 2 to
4 of this 2003 Act that is designated for farm or forest use
under an acknowledged comprehensive plan is deemed to comply with
sections 2 to 4 of this 2003 Act.
(4) If a local government changes the comprehensive plan
designation of land identified as an area of influence to a use
other than farm or forest use, the local government shall comply
with sections 2 to 4 of this 2003 Act when making the new
comprehensive plan designation. + }
SECTION 5. { + (1) The governing body of Multnomah County or
its designee shall allow a current owner of a lawfully created
lot or parcel located in the county to partition or subdivide the
lot or parcel under ORS 92.010 to 92.190, provided:
(a) A current owner acquired the land comprising the lot or
parcel prior to January 1, 1955;
(b) The lot or parcel was zoned as of January 1, 2003, as
forestland under a land use planning goal adopted under ORS
197.225 relating to the conservation of forestland;
(c) The lot or parcel is larger than 19 acres and smaller than
25 acres;
(d) A regional framework plan, comprehensive plan, county land
use regulation, state statute, including a provision of ORS
92.010 to 92.190, administrative rule or land use planning goal
enacted after a current owner acquired the land comprising the
lot or parcel prevents an owner from partitioning or subdividing
the property;
(e) The lot or parcel is two miles or less outside the city
limits of a city with a population of 500,000 or more; and
(f) There was at least one lawfully sited single-family
dwelling on the lot or parcel as of January 1, 2003.
(2) A current owner of a lot or parcel described in subsection
(1) of this section:
(a) May partition or subdivide only one lot or parcel pursuant
to this section;
(b) May build a single-family dwelling on each lot or parcel
created under this section; and
(c) May not create more than six lots or parcels from the
original lot or parcel.
(3) A single-family dwelling authorized under this section must
comply with reasonable siting standards for fire, health and
safety. The governing body of Multnomah County or its designee
may not apply the siting standards in a manner that prohibits the
siting of a dwelling unless the governing body establishes by
clear and convincing evidence that the lot or parcel does not
have emergency access, potable water or adequate capacity to
dispose of sewage.
(4) The governing body of Multnomah County or its designee may
not implement or interpret this section by amending its
comprehensive plan or by adopting or amending a land use
regulation. + }
SECTION 6. { + Sections 2 to 4 of this 2003 Act apply to
amendments to a regional framework plan, a comprehensive plan or
Enrolled House Bill 3631 (HB 3631-B) Page 2
a land use regulation made on or after the effective date of this
2003 Act. + }
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Passed by House May 21, 2003
Repassed by House August 6, 2003
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Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 23, 2003
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President of Senate
Enrolled House Bill 3631 (HB 3631-B) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 3631 (HB 3631-B) Page 4