1. (1) Within an urban growth boundary, a local government shall allow a residential treatment facility or residential treatment home, as those terms are defined in ORS 443.400, without requiring a plan amendment, zone change or conditional use permit for property that is:

   1. (a) Owned by a public body, as defined in ORS 174.109; or

   2. (b) Zoned for:

      1. (A) Residential uses;
      2. (B) Commercial uses;
      3. (C) Employment uses;
      4. (D) Public lands, not including park land; or

      5. (E) Industrial uses, provided that if the property is:

         1. (i) Publicly owned or owned by a public benefit corporation as defined in ORS 65.001;
         2. (ii) Within 250 feet of lands zoned for residential use; and
         3. (iii) Not specifically designated for heavy industrial uses.

2. (2) This section does not apply on land where the local government determines that:

   1. (a) The facility cannot be adequately served by water, sewer, storm water drainage or streets, or will not be adequately served at the time that development on the property is complete; or

   2. (b) The development of the property is constrained by land use regulations based on statewide land use planning goals relating to:

      1. (A) Natural disasters and hazards; or
      2. (B) Natural resources, including air, water, land or natural areas, but not including open spaces or historic resources.
3. (3) This section does not trigger any requirement that a local government consider or update an analysis as required by a statewide land use planning goal relating to economic development.
4. (4) A decision made under this section is not a land use decision as defined in ORS 197.015 and is not subject to the jurisdiction of the Land Use Board of Appeals. A decision under this section may only be appealed by writ of review under ORS 34.010 to 34.100.
5. (5) A local government shall issue a final decision under this section within 120 days after a completed application is filed with the local government.

[2025 c.559 §59]