Chapter 838 Oregon Laws 1999

Session Law

AN ACT

SB 1184

Relating to moratorium on land development; creating new provisions; and amending ORS 197.505.

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

SECTION 1. ORS 197.505 is amended to read:

197.505. As used in ORS 197.505 to 197.540:

[(1) "Moratorium on construction or land development" means engaging in a pattern or practice of delaying or stopping issuance of permits, authorizations or approvals necessary for the subdivision and partitioning of, or construction on, any land. It does not include denial or delay of permits or authorizations because they are inconsistent with applicable statutes, rules, zoning or other laws or ordinances, or a public facilities strategy that meets the provisions of ORS 197.768.]

[(2)] (1) "Public facilities" means those public facilities for which a public facilities plan is required under ORS 197.712.

[(3)] (2) "Special district" refers to only those entities as defined in ORS 197.015 (19) which provide services for which public facilities plans are required.

SECTION 2. Sections 3 and 4 of this 1999 Act are added to and made a part of ORS 197.505 to 197.540.

SECTION 3. (1) When a local government engages in a pattern or practice of delaying or stopping the issuance of permits, authorizations or approvals necessary for the subdivision or partitioning of, or construction on, any land, including delaying or stopping issuance based on a shortage of public facilities, the local government shall:

(a) Adopt a public facilities strategy under ORS 197.768; or

(b) Adopt a moratorium on construction or land development under ORS 197.505 to 197.540.

(2) The provisions of subsection (1) of this section do not apply to the delay or stopping of the issuance of permits, authorizations or approvals because they are inconsistent with the local government's comprehensive plan or land use regulations.

SECTION 4. A local government shall approve an application for a permit, authorization or other approval necessary for the subdivision or partitioning of, or construction on, any land that is consistent with the comprehensive plan and applicable land use regulations or shall impose reasonable conditions on the application to make the proposed activity consistent with the plan and applicable regulations. A local government may deny an application that is inconsistent with the comprehensive plan and applicable land use regulations and that cannot be made consistent through the imposition of reasonable conditions of approval.

Approved by the Governor July 21, 1999

Filed in the office of Secretary of State July 21, 1999

Effective date October 23, 1999

__________