1. (1) This section applies only to a land use decision for residential development based on an application for:

   1. (a) A zone change to allow for a denser residential use designation;
   2. (b) A planned unit development; or
   3. (c) A variance from a residential approval standard.

2. (2) This section applies only to an application for land that is, at the time of the application:

   1. (a) Inside the urban growth boundary; and
   2. (b) Zoned primarily for residential use or mixed residential use or planned for residential use.

3. (3) This section does not apply to an application:

   1. (a) That would reduce the minimum residential density of land.
   2. (b) For a final subdivision or partition plat.
   3. (c) For a residential construction permit under the state building code.
   4. (d) For final engineering plans under ORS 195.860.
   5. (e) Subject to a ministerial or other expedited approval procedure, including a residential use allowed outright.

4. (4) An application under this section:

   1. (a) Is not subject to the requirements of ORS 197.797.
   2. (b) Must be reviewed under the procedures described in a local government’s land use regulations, except as provided in this section.

5. (5)

   1. (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.
   2. (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.

   3. (c) The notice must:

      1. (A) Provide a 14-day period for submission of written comments prior to the decision;
      2. (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 issue;
      3. (C) List, by commonly used citation, the applicable criteria for the decision;
      4. (D) Set forth the street address or other easily understood geographical reference to the subject property;
      5. (E) State the place, date and time that comments are due;
      6. (F) State that copies of all evidence relied upon by the applicant are available for review and that copies can be obtained at cost;
      7. (G) Include the name and phone number of a local government contact person;
      8. (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
      9. (I) Briefly summarize the local process for reaching a final decision on the application.
   4. (d) The local government shall provide an affidavit or other certification describing the notice given under this subsection.
6. (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. (7) The initial decision on the application must be made without a hearing. A local government 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 requirements 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.

Note: 197A.146 becomes operative July 1, 2026. See section 6, chapter 330, Oregon Laws 2025.

[2025 c.330 §3]