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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
Senate Bill 974
Sponsored by Senators ANDERSON, JAMA, BROADMAN, MEEK; Senators PATTERSON, PHAM
K, SMITH DB, Representatives ANDERSEN, CHOTZEN, FAHEY, JAVADI, MARSH, TRAN
CHAPTER .................................................
AN ACT
Relating to the timeline for reviewing land use applications for housing; creating new provisions;
amending ORS 197.830 and 197.835; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) As used in this section, “final engineering plans” means the detailed en-
gineering plans and reports for the design or construction of public and private
infrastructure improvements that require review and approval following tentative plat ap-
proval by a local government before issuing site development permits, including plans and
reports for the construction of public and private infrastructure improvements such as
grading, water, sewer, stormwater, transportation systems and utilities.
(2) After receiving an application for final engineering plans for residential development
within an urban growth boundary, a local government shall:
(a) Within 30 days, confirm that the application was complete when submitted or specify
all additional materials that must be included for the application to be considered complete.
(b) Complete the final review of the final engineering plans and, following the receipt of
applicable fees, forms and bonds, approve or deny site development permits for construction
of all public and private infrastructure improvements, within 120 days after the date on
which:
(A) The application is deemed complete under paragraph (a) of this subsection;
(B) The applicant has provided all materials specified under paragraph (a) of this sub-
section; or
(C) The applicant states that no additional materials are forthcoming.
(3) The review period for a local government to complete its review under subsection
(2)(b) of this section:
(a) Is tolled during the time period beginning on the date on which a local government
sends a direction to the applicant to correct or supplement the application and ending on the
date on which the amended application is received by the local government.
(b) May be extended one or more times for a specified period at the written request of
the applicant, provided that the total of all extensions does not exceed 245 days.
(4)(a) If the local government does not take final action on the application within the
deadline provided under subsection (2)(b) of this section, including any extension under this
section, the applicant may file a petition for a writ of mandamus under ORS 34.130 in the
circuit court of the county where the application was submitted.
Enrolled Senate Bill 974 (SB 974-B)Page 1
(b) The local government shall retain jurisdiction to make a decision until a petition for
a writ of mandamus is filed.
(c) Upon receiving a petition filed under ORS 34.130, the circuit court has jurisdiction for
all decisions regarding the application, including settlement.
(d) The court shall issue a peremptory writ unless the local government or any
intervenor shows that the approval of final engineering plans would violate a substantive
provision of the local government’s regulations.
SECTION 2. Section 3 of this 2025 Act is added to and made a part of ORS chapter 197A.
SECTION 3. (1) This section applies only to a land use decision for residential develop-
ment based on an application for:
(a) A zone change to allow for a denser residential use designation;
(b) A planned unit development; or
(c) A variance from a residential approval standard.
(2) This section applies only to an application for land that is, at the time of the appli-
cation:
(a) Inside the urban growth boundary; and
(b) Zoned primarily for residential use or mixed residential use or planned for residential
use.
(3) This section does not apply to an application:
(a) That would reduce the minimum residential density of land.
(b) For a final subdivision or partition plat.
(c) For a residential construction permit under the state building code.
(d) For final engineering plans under section 1 of this 2025 Act.
(e) Subject to a ministerial or other expedited approval procedure, including a residential
use allowed outright.
(4) An application under this section:
(a) Is not subject to the requirements of ORS 197.797.
(b) Must be reviewed under the procedures described in a local government’s land use
regulations, except as provided in this section.
(5)(a) The local government shall provide written notice of an application under this
section to owners of property within 100 feet of the site for which the application is made
and to any neighborhood or community organization recognized by the governing body and
whose boundaries include the site. The list of owners must be compiled from the most recent
property tax assessment roll.
(b) A local government is not required to provide a hearing, as described in ORS 197.610
to 197.625, on an application made under this section if the local government provides a copy
of the notice required under this subsection to the Department of Land Conservation and
Development in the manner provided by ORS 197.610 and 197.615.
(c) The notice must:
(A) Provide a 14-day period for submission of written comments prior to the decision;
(B) State that issues which may provide the basis for an appeal to the Land Use Board
of Appeals must be raised in writing prior to the expiration of the comment period. Issues
shall be raised with sufficient specificity to enable the decision maker to respond to the is-
sue;
(C) List, by commonly used citation, the applicable criteria for the decision;
(D) Set forth the street address or other easily understood geographical reference to the
subject property;
(E) State the place, date and time that comments are due;
(F) State that copies of all evidence relied upon by the applicant are available for review
and that copies can be obtained at cost;
(G) Include the name and phone number of a local government contact person;
Enrolled Senate Bill 974 (SB 974-B) Page 2
(H) Provide notice of the decision to the applicant and any person who submits comments
under subparagraph (A) of this paragraph. The notice of decision must include an explanation
of appeal rights; and
(I) Briefly summarize the local process for reaching a final decision on the application.
(d) The local government shall provide an affidavit or other certification describing the
notice given under this subsection.
(6) Approval or denial of the application must be based upon and accompanied by a brief
statement that explains the criteria and standards considered relevant to the decision, states
the facts relied upon in rendering the decision and explains the justification for the decision
based on the criteria, standards and facts set forth.
(7) The initial decision on the application must be made without a hearing. A local gov-
ernment may provide for a hearing on appeal of the initial decision. The hearing may be
limited to the record developed for the initial decision under subsection (5) of this section
or may allow for the introduction of additional testimony or evidence. A hearing on appeal
that allows the introduction of additional testimony or evidence must comply with the re-
quirements of ORS 197.797. Written notice of the local government’s final decision must be
given to all parties who participated in the decision and must include an explanation of a
party’s right to appeal the decision.
SECTION 4.
ORS 197.830 is amended to read:
197.830. (1) Review of land use decisions or limited land use decisions under ORS 197.830 to
197.845 shall be commenced by filing a notice of intent to appeal with the Land Use Board of Ap-
peals.
(2) Except as provided in ORS 197.620, a person may petition the board for review of a land use
decision or limited land use decision if the person:
(a) Filed a notice of intent to appeal the decision as provided in subsection (1) of this section;
and
(b) Appeared before the local government, special district or state agency orally or in writing.
(3) If a local government makes a land use decision without providing a hearing, except as
provided under ORS 215.416 (11) or 227.175 (10), or the local government makes a land use decision
that is different from the proposal described in the notice of hearing to such a degree that the notice
of the proposed action did not reasonably describe the local government’s final actions, a person
adversely affected by the decision may appeal the decision to the board under this section:
(a) Within 21 days of actual notice where notice is required; or
(b) Within 21 days of the date a person knew or should have known of the decision where no
notice is required.
(4) If a local government makes a land use decision without a hearing pursuant to ORS 215.416
(11) or 227.175 (10):
(a) A person who was not provided notice of the decision as required under ORS 215.416 (11)(c)
or 227.175 (10)(c) may appeal the decision to the board under this section within 21 days of receiving
actual notice of the decision.
(b) A person who is not entitled to notice under ORS 215.416 (11)(c) or 227.175 (10)(c) but who
is adversely affected or aggrieved by the decision may appeal the decision to the board under this
section within 21 days after the expiration of the period for filing a local appeal of the decision es-
tablished by the local government under ORS 215.416 (11)(a) or 227.175 (10)(a).
(c) A person who receives notice of a decision made without a hearing under ORS 215.416 (11)
or 227.175 (10) may appeal the decision to the board under this section within 21 days of receiving
actual notice of the nature of the decision, if the notice of the decision did not reasonably describe
the nature of the decision.
(d) Except as provided in paragraph (c) of this subsection, a person who receives notice of a
decision made without a hearing under ORS 215.416 (11) or 227.175 (10) may not appeal the decision
to the board under this section.
Enrolled Senate Bill 974 (SB 974-B) Page 3
(5) If a local government makes a limited land use decision which is different from the proposal
described in the notice to such a degree that the notice of the proposed action did not reasonably
describe the local government’s final actions, a person adversely affected by the decision may appeal
the decision to the board under this section:
(a) Within 21 days of actual notice where notice is required; or
(b) Within 21 days of the date a person knew or should have known of the decision where no
notice is required.
(6) The appeal periods described in subsections (3), (4) and (5) of this section:
(a) May not exceed three years after the date of the decision, except as provided in paragraph
(b) of this subsection.
(b) May not exceed 10 years after the date of the decision if notice of a hearing or an adminis-
trative decision made pursuant to ORS 197.195 or 197.797 or section 3 of this 2025 Act is required
but has not been provided.
(7)(a) Within 21 days after a notice of intent to appeal has been filed with the board under
subsection (1) of this section, any person described in paragraph (b) of this subsection may intervene
in and be made a party to the review proceeding by filing a motion to intervene and by paying a
filing fee of $100.
(b) Persons who may intervene in and be made a party to the review proceedings, as set forth
in subsection (1) of this section, are:
(A) The applicant who initiated the action before the local government, special district or state
agency; or
(B) Persons who appeared before the local government, special district or state agency, orally
or in writing.
(c) Failure to comply with the deadline or to pay the filing fee set forth in paragraph (a) of this
subsection shall result in denial of a motion to intervene.
(8) If a state agency whose order, rule, ruling, policy or other action is at issue is not a party
to the proceeding, it may file a brief with the board as if it were a party. The brief shall be due on
the same date the respondent’s brief is due and shall be accompanied by a filing fee of $100.
(9) A notice of intent to appeal a land use decision or limited land use decision shall be filed
not later than 21 days after the date the decision sought to be reviewed becomes final. A notice of
intent to appeal plan and land use regulation amendments processed pursuant to ORS 197.610 to
197.625 shall be filed not later than 21 days after notice of the decision sought to be reviewed is
mailed or otherwise submitted to parties entitled to notice under ORS 197.615. Failure to include a
statement identifying when, how and to whom notice was provided under ORS 197.615 does not
render the notice defective. Copies of the notice of intent to appeal shall be served upon the local
government, special district or state agency and the applicant of record, if any, in the local gov-
ernment, special district or state agency proceeding. The notice shall be served and filed in the form
and manner prescribed by rule of the board and shall be accompanied by a filing fee of $300. If a
petition for review is not filed with the board as required in subsections (10) and (11) of this section,
the board shall award the filing fee to the local government, special district or state agency.
(10)(a) Within 21 days after service of the notice of intent to appeal, the local government, spe-
cial district or state agency shall transmit to the board the original or a certified copy of the entire
record of the proceeding under review. By stipulation of all parties to the review proceeding the
record may be shortened. The board may require or permit subsequent corrections to the record;
however, the board shall issue an order on a motion objecting to the record within 60 days of re-
ceiving the motion. If the board denies a petitioner’s objection to the record, the board may estab-
lish a new deadline for the petition for review to be filed that may not be less than 14 days from
the later of the original deadline for the brief or the date of denial of the petitioner’s record ob-
jection.
(b) Within 10 days after service of a notice of intent to appeal, the board shall provide notice
to the petitioner and the respondent of their option to enter into mediation pursuant to ORS 197.860.
Any person moving to intervene shall be provided such notice within seven days after a motion to
Enrolled Senate Bill 974 (SB 974-B) Page 4
intervene is filed. The notice required by this paragraph shall be accompanied by a statement that
mediation information or assistance may be obtained from the Department of Land Conservation and
Development.
(11) A petition for review of the land use decision or limited land use decision and supporting
brief shall be filed with the board as required by the board under subsection (13) of this section.
(12) The petition shall include a copy of the decision sought to be reviewed and shall state:
(a) The facts that establish that the petitioner has standing.
(b) The date of the decision.
(c) The issues the petitioner seeks to have reviewed.
(13)(a) The board shall adopt rules establishing deadlines for filing petitions and briefs and for
oral argument.
(b) The local government or state agency may withdraw its decision for purposes of reconsid-
eration at any time:
(A) Subsequent to the filing of a notice of intent; and
(B) Prior to:
(i) The date set for filing the record; or
(ii) On appeal of a decision under ORS 197.610 to 197.625 or relating to the development of a
residential structure, the filing of the respondent’s brief.
(c) If a local government or state agency withdraws an order for purposes of reconsideration,
it shall, within such time as the board may allow, affirm, modify or reverse its decision. If the
petitioner is dissatisfied with the local government or agency action after withdrawal for purposes
of reconsideration, the petitioner may refile the notice of intent and the review shall proceed upon
the revised order. An amended notice of intent is not required if the local government or state
agency, on reconsideration, affirms the order or modifies the order with only minor changes.
(14) The board shall issue a final order within 77 days after the date of transmittal of the record.
If the order is not issued within 77 days the applicant may apply in Marion County or the circuit
court of the county where the application was filed for a writ of mandamus to compel the board to
issue a final order.
(15) Upon entry of its final order, the board:
(a) May, in its discretion, award costs to the prevailing party including the cost of preparation
of the record if the prevailing party is the local government, special district or state agency whose
decision is under review.
(b) Shall award reasonable attorney fees and expenses to the prevailing party against any other
party who the board finds presented a position or filed any motion without probable cause to believe
the position or motion was well-founded in law or on factually supported information.
(c) Shall award costs and attorney fees to a party as provided in ORS 197.843.
(16) Orders issued under this section may be enforced in appropriate judicial proceedings.
(17)(a) The board shall provide for the publication of its orders that are of general public in-
terest in the form it deems best adapted for public convenience. The publications shall constitute
the official reports of the board.
(b) Any moneys collected or received from sales by the board shall be paid into the Board
Publications Account established by ORS 197.832.
(18) Except for any sums collected for publication of board opinions, all fees collected by the
board under this section that are not awarded as costs shall be paid over to the State Treasurer to
be credited to the General Fund.
(19) The board shall track and report on its website:
(a) The number of reviews commenced, as described in subsection (1) of this section, the number
of reviews commenced for which a petition is filed under subsection (2) of this section and, in re-
lation to each of those numbers, the rate at which the reviews result in a decision of the board to
uphold, reverse or remand the land use decision or limited land use decision. The board shall track
and report reviews under this paragraph in categories established by the board.
Enrolled Senate Bill 974 (SB 974-B)Page 5
(b) A list of petitioners, the number of reviews commenced and the rate at which the petitioner’s
reviews have resulted in decisions of the board to uphold, reverse or remand the land use decision
or limited land use decision.
(c) A list of respondents, the number of reviews involving each respondent and the rate at which
reviews involving the respondent have resulted in decisions of the board to uphold, reverse or re-
mand the land use decision or limited land use decision. Additionally, when a respondent is the local
government that made the land use decision or limited land use decision, the board shall track
whether the local government appears before the board.
(d) A list of reviews, and a brief summary of the circumstances in each review, under which the
board exercises its discretion to require a losing party to pay the attorney fees of the prevailing
party.
SECTION 5. ORS 197.835 is amended to read:
197.835. (1)(a) The Land Use Board of Appeals shall review the land use decision or limited land
use decision and prepare a final order affirming, reversing or remanding the land use decision or
limited land use decision.
(b) If a local government demonstrates that a land use decision adopting a change to an ac-
knowledged comprehensive plan or land use regulation contains a severability clause and specif-
ically challenged portions of the changes may be reasonably severable from the remainder of the
changes, the board may affirm in part. Reasonably severable means the remaining parts, standing
alone, are complete and capable of being executed with the legislative intent. The affirmed parts are
not affected by the reversal or remand, continue in effect and are considered acknowledged as de-
scribed in ORS 197.625.
(c) The board shall adopt rules defining the circumstances in which it will reverse rather than
remand a land use decision or limited land use decision or part of a decision that is not affirmed.
(2)(a) Review of a decision under ORS 197.830 to 197.845 shall be confined to the record.
(b) In the case of disputed allegations of standing, unconstitutionality of the decision, ex parte
contacts, actions described in subsection (10)(a)(B) of this section or other procedural irregularities
not shown in the record that, if proved, would warrant reversal or remand, the board may take ev-
idence and make findings of fact on those allegations. The board shall be bound by any finding of
fact of the local government, special district or state agency for which there is substantial evidence
in the whole record.
(3) The board may only review issues raised by any participant before the local hearings body
as provided by ORS 197.195, 197.622 or 197.797 or section 3 of this 2025 Act , whichever is appli-
cable.
(4) A petitioner may raise new issues to the board regarding a quasi-judicial decision made un-
der ORS 197.195 or 197.797 or section 3 of this 2025 Act only if:
(a) The local government failed to list the applicable criteria for a decision under ORS 197.195
(3)(c) or 197.797 (3)(b) or section 3 (5)(c) of this 2025 Act , in which case a petitioner may raise
new issues based upon applicable criteria that were omitted from the notice. However, the board
may refuse to allow new issues to be raised if it finds that the issue could have been raised before
the local government; or
(b) The local government made a land use decision or limited land use decision which is differ-
ent from the proposal described in the notice to such a degree that the notice of the proposed action
did not reasonably describe the local government’s final action.
(5) The board shall reverse or remand a land use decision not subject to an acknowledged
comprehensive plan and land use regulations if the decision does not comply with the goals. The
board shall reverse or remand a land use decision or limited land use decision subject to an ac-
knowledged comprehensive plan or land use regulation if the decision does not comply with the
goals and the Land Conservation and Development Commission has issued an order under ORS
197.320 or adopted a new or amended goal under ORS 197.245 requiring the local government to
apply the goals to the type of decision being challenged.
Enrolled Senate Bill 974 (SB 974-B) Page 6
(6) The board shall reverse or remand an amendment to a comprehensive plan if the amendment
is not in compliance with the goals.
(7) The board shall reverse or remand an amendment to a land use regulation or the adoption
of a new land use regulation if:
(a) The regulation is not in compliance with the comprehensive plan; or
(b) The comprehensive plan does not contain specific policies or other provisions which provide
the basis for the regulation, and the regulation is not in compliance with the statewide planning
goals.
(8) The board shall reverse or remand a decision involving the application of a plan or land use
regulation provision if the decision is not in compliance with applicable provisions of the compre-
hensive plan or land use regulations.
(9) In addition to the review under subsections (1) to (8) of this section, the board shall reverse
or remand the land use decision under review if the board finds:
(a) The local government or special district:
(A) Exceeded its jurisdiction;
(B) Failed to follow the procedures applicable to the matter before it in a manner that preju-
diced the substantial rights of the petitioner;
(C) Made a decision not supported by substantial evidence in the whole record;
(D) Improperly construed the applicable law; or
(E) Made an unconstitutional decision; or
(b) The state agency made a decision that violated the goals.
(10)(a) The board shall reverse a local government decision and order the local government to
grant approval of an application for development denied by the local government if the board finds:
(A) Based on the evidence in the record, that the local government decision is outside the range
of discretion allowed the local government under its comprehensive plan and implementing ordi-
nances;or
(B) That the local government’s action was for the purpose of avoiding the requirements of ORS
215.427 or 227.178.
(b) If the board does reverse the decision and orders the local government to grant approval of
the application, the board shall award attorney fees to the applicant and against the local govern-
ment.
(11)(a) Whenever the findings, order and record are sufficient to allow review, and to the extent
possible consistent with the time requirements of ORS 197.830 (14), the board shall decide all issues
presented to it when reversing or remanding a land use decision described in subsections (2) to (9)
of this section or limited land use decision described in ORS 197.828 and 197.195.
(b) Whenever the findings are defective because of failure to recite adequate facts or legal
conclusions or failure to adequately identify the standards or their relation to the facts, but the
parties identify relevant evidence in the record which clearly supports the decision or a part of the
decision, the board shall affirm the decision or the part of the decision supported by the record and
remand the remainder to the local government, with direction indicating appropriate remedial
action.
(12) The board may reverse or remand a land use decision under review due to ex parte contacts
or bias resulting from ex parte contacts with a member of the decision-making body, only if the
member of the decision-making body did not comply with ORS 215.422 (3) or 227.180 (3), whichever
is applicable.
(13) Subsection (12) of this section does not apply to reverse or remand of a land use decision
due to ex parte contact or bias resulting from ex parte contact with a hearings officer.
(14) The board shall reverse or remand a land use decision or limited land use decision which
violates a commission order issued under ORS 197.328.
(15) In cases in which a local government provides a quasi-judicial land use hearing on a limited
land use decision, the requirements of subsections (12) and (13) of this section apply.
Enrolled Senate Bill 974 (SB 974-B)Page 7
(16) The board may decide cases before it by means of memorandum decisions and shall prepare
full opinions only in such cases as it deems proper.
SECTION 6. Sections 1 and 3 of this 2025 Act and the amendments to ORS 197.830 and
197.835 by sections 4 and 5 of this 2025 Act become operative July 1, 2026.
SECTION 7. Section 8 of this 2025 Act is added to and made a part of ORS chapter 197A.
SECTION 8. (1) A local government may not apply residential design standards to an
application for the development of housing within an urban growth boundary unless the ap-
plication is for the development of a multifamily structure as defined in ORS 197A.465 or
fewer than 20 residential units.
(2) This section does not apply to land use regulations or requirements that are related
to setbacks, building height, accessibility, fire ingress or egress, public health or safety, state
or federal water quality standards, hazardous or contaminated site cleanup or wildlife pro-
tection or that implement statewide land use planning goals relating to natural resources,
natural hazards, the Willamette River Greenway, estuarine resources, coastal shorelands,
beaches and dunes or ocean resources.
(3) As used in this section:
(a) “Residential design standards” means standards intended to preserve the desired
character, architectural expression, decoration or aesthetic quality of new homes, including
standards regulating:
(A) Facade materials, colors or patterns;
(B) Roof decoration, form or materials;
(C) Accessories, materials or finishes for entry doors or garages;
(D) Window elements such as trim, shutters or grids;
(E) Fence type, design or finishes;
(F) Architectural details, such as ornaments, railings, cornices and columns;
(G) Size and design of porches or balconies;
(H) Variety of design or floorplan; or
(I) Front or back yard area landscaping materials or vegetation.
(b) “Residential units” means any new single-unit dwellings, manufactured dwellings and
units of middle housing, as defined in ORS 197A.420.
SECTION 9.
Section 8 of this 2025 Act is repealed January 2, 2033.
SECTION 10. This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
Enrolled Senate Bill 974 (SB 974-B) Page 8
Passed by Senate April 28, 2025
Repassed by Senate June 5, 2025
..................................................................................
Obadiah Rutledge, Secretary of Senate
..................................................................................
Rob Wagner, President of Senate
Passed by House June 3, 2025
..................................................................................
Julie Fahey, Speaker of House
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled Senate Bill 974 (SB 974-B) Page 9