Oregon Landscaping Licensing Law

Oregon Code · 253 sections

The following is the full text of Oregon’s landscaping licensing law statutes as published in the Oregon Code. For the official version, see the Oregon Legislature.

ORS 100.200

100.200.

�� (g) A financial statement. The financial statement:

�� (A) Must consist of a balance sheet and an income and expense statement for the preceding 12-month period or the period following the recording of the declaration, whichever period is shorter.

�� (B) Must be reviewed, in accordance with the Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants, by an independent certified public accountant licensed in the State of Oregon if the annual assessments of an association of unit owners exceed $75,000.

�� (h) Association funds or control thereof, including, but not limited to, funds for reserve required under ORS 100.530 (3)(b) and any bank signature cards.

�� (i) All tangible personal property that is property of the association and an inventory of such property.

�� (j) A copy of the following, if available:

�� (A) The as-built architectural, structural, engineering, mechanical, electrical and plumbing plans.

�� (B) The original specifications indicating thereon all material changes.

�� (C) The plans for underground site service, site grading, drainage and landscaping together with cable television drawings.

�� (D) Any other plans and information relevant to future repair or maintenance of the property.

�� (k) Insurance policies.

�� (L) Copies of any occupancy permits which have been issued for the condominium.

�� (m) Any other permits issued by governmental bodies applicable to the condominium in force or issued within one year prior to the date the unit owners assume control of the administration of the association of unit owners.

�� (n) A list of the general contractor and the subcontractors responsible for construction or installation of the major plumbing, electrical, mechanical and structural components of the common elements.

�� (o) A roster of unit owners and their addresses and telephone numbers, if known, as shown on the records of the declarant.

�� (p) Leases of the common elements and any other leases to which the association is a party.

�� (q) Employment or service contracts in which the association is one of the contracting parties or service contracts in which the association or the unit owners have an obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person performing the service.

�� (r) The results from an independent inspection for moisture intrusion and the name of the person who performed the inspection.

�� (s) Any other contracts to which the association of unit owners is a party.

�� (6) In order to facilitate an orderly transition, during the three-month period following the turnover meeting, the declarant or an informed representative shall be available to meet with the board of directors on at least three mutually acceptable dates to review the documents delivered under subsection (5) of this section.

�� (7) If the declarant has complied with this section, unless the declarant otherwise has sufficient voting rights as a unit owner to control the association, the declarant is not responsible for the failure of the unit owners to elect the number of directors sufficient to constitute a quorum of the board of directors and assume control of the association in accordance with subsection (4) of this section. The declarant shall be relieved of any further responsibility for the administration of the association except as a unit owner of any unsold unit.

�� (8) If the unit owners present do not constitute a quorum or the unit owners fail to elect the number of directors sufficient to constitute a quorum of the board of directors at the turnover meeting held in accordance with subsection (1) of this section:

�� (a) At any time before the election of the number of directors sufficient to constitute a quorum, a unit owner or first mortgagee of a unit may call a special meeting for the purpose of election of directors and shall give notice of the meeting in accordance with the notice requirements in the bylaws for special meetings. The unit owners and first mortgagees present at the special meeting shall select a person to preside over the meeting.

�� (b) A unit owner or first mortgagee of a unit may request a court to appoint a receiver as provided in ORS 100.418. [Formerly 94.091; 1999 c.677 �46; 2001 c.756 �36; 2003 c.803 �21; 2007 c.409 �24; 2025 c.578 �10]

SPECIAL DECLARANT RIGHTS

�� 100.220 Liabilities and obligations arising from transfer of special declarant right; extinguishment of right; exemptions. (1) As used in this section, �affiliate� means any person who controls a transferor or successor declarant, is controlled by a transferor or successor declarant or is under common control with a transferor or successor declarant. A person �controls� or �is controlled by� a transferor or successor declarant if the person:

�� (a) Is a general partner, officer, director or employee;

�� (b) Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than 20 percent of the voting interests of the transferor or successor declarant;

�� (c) Controls in any manner the election of a majority of the directors; or

�� (d) Has contributed more than 20 percent of the capital of the transferor or successor declarant.

�� (2) Upon the transfer of any special declarant right, the liabilities and obligations of a transferor are as follows:

�� (a) A transferor is not relieved of any obligation or liability arising before the transfer and remains liable for warranty obligations imposed under ORS 100.185. Lack of privity does not deprive any unit owner of standing to bring an action to enforce any obligation of the transferor.

�� (b) If a transferor retains any special declarant right, or if a successor declarant is an affiliate of the transferor, the transferor is subject to liability for all obligations and liabilities imposed on a declarant by the provisions of this chapter or by the declaration or bylaws arising after the transfer and is jointly and severally liable with the successor declarant for the liabilities and obligations of the successor declarant that relate to the special declarant rights.

�� (c) A transferor who does not retain special declarant rights does not have an obligation or liability for an act or omission or for a breach of a contractual or warranty obligation arising from the exercise of a special declarant right by a successor declarant who is not an affiliate of the transferor.

�� (3) Upon transfer of any special declarant right, the liabilities and obligations of a successor declarant are as follows:

�� (a) A successor declarant who is an affiliate of the transferor is subject to all obligations and liabilities imposed on a declarant by the provisions of this chapter or by the declaration or bylaws.

�� (b) A successor declarant who is not an affiliate of the transferor is not liable for any misrepresentations or warranties made or required to be made, including without limitation warranties required under ORS 100.185, by the declarant or previous successor declarant or for any breach of fiduciary obligation by such person. Such a successor declarant, however, shall:

�� (A) Comply with any provisions of the declaration and bylaws which pertain to such successor declarant�s ownership of the unit or units and the exercise of any special declarant right;

�� (B) Comply with the provisions of ORS 100.015 and 100.635 to 100.910 in connection with the sale of any unit or units, except as provided in ORS 100.665; and

�� (C) Give the warranties described in ORS 100.185 only with respect to common elements or units constructed by the successor declarant.

�� (4)(a) Upon transfer of any special declarant right under this section, any interest held by the transferor in the special declarant right is extinguished and the transferor has no right of recovery.

�� (b) A transferor may only recover a transferred special declarant right by execution of a subsequent conveyance or other instrument that evidences an intent to convey the special declarant right from the successor declarant to the transferor. [Formerly

ORS 105.465

105.465, a seller shall deliver in substantially the following form the seller�s property disclosure statement to each buyer who makes a written offer to purchase real property in this state:

INSTRUCTIONS TO THE SELLER

Please complete the following form. Do not leave any spaces blank. Please refer to the line number(s) of the question(s) when you provide your explanation(s). If you are not claiming an exclusion or refusing to provide the form under ORS 105.475 (4), you should date and sign each page of this disclosure statement and each attachment.

Each seller of residential property described in ORS 105.465 must deliver this form to each buyer who makes a written offer to purchase. Under ORS 105.475 (4), refusal to provide this form gives the buyer the right to revoke their offer at any time prior to closing the transaction. Use only the section(s) of the form that apply to the transaction for which the form is used. If you are claiming an exclusion under ORS 105.470, fill out only Section 1.

An exclusion may be claimed only if the seller qualifies for the exclusion under the law. If not excluded, the seller must disclose the condition of the property or the buyer may revoke their offer to purchase anytime prior to closing the transaction. Questions regarding the legal consequences of the seller�s choice should be directed to a qualified attorney.

(DO NOT FILL OUT THIS SECTION UNLESS YOU ARE CLAIMING AN EXCLUSION UNDER ORS 105.470)

Section 1. EXCLUSION FROM ORS 105.462 TO 105.490:

You may claim an exclusion under ORS 105.470 only if you qualify under the statute. If you are not claiming an exclusion, you must fill out Section 2 of this form completely.

Initial only the exclusion you wish to claim.

_ This is the first sale of a dwelling never occupied. The dwelling is constructed or installed under building or installation permit(s) #, issued by _____.

_____ This sale is by a financial institution that acquired the property as custodian, agent or trustee, or by foreclosure or deed in lieu of foreclosure.

_____ The seller is a court appointed receiver, personal representative, trustee, conservator or guardian.

_____ This sale or transfer is by a governmental agency.

Signature(s) of Seller claiming exclusion

Date __

Buyer(s) to acknowledge Seller�s claim

Date __

(IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION 1, YOU MUST FILL OUT THIS SECTION.)

Section 2. SELLER�S PROPERTY DISCLOSURE STATEMENT

(NOT A WARRANTY)

(ORS 105.464)

NOTICE TO THE BUYER: THE FOLLOWING REPRESENTATIONS ARE MADE BY THE SELLER(S) CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT

___ (�THE PROPERTY�).

DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER�S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. BUYER HAS FIVE DAYS FROM THE SELLER�S DELIVERY OF THIS SELLER�S DISCLOSURE STATEMENT TO REVOKE BUYER�S OFFER BY DELIVERING BUYER�S SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER�S DISCLOSURE STATEMENT, UNLESS BUYER WAIVES THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.

FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY, BUYER IS ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON BUYER�S BEHALF INCLUDING, FOR EXAMPLE, ONE OR MORE OF THE FOLLOWING: ARCHITECTS, ENGINEERS, PLUMBERS, ELECTRICIANS, ROOFERS, ENVIRONMENTAL INSPECTORS, BUILDING INSPECTORS, CERTIFIED HOME INSPECTORS, OR PEST AND DRY ROT INSPECTORS.

Seller _ is/ ___ is not occupying the property.

I. SELLER�S REPRESENTATIONS:

The following are representations made by the seller and are not the representations of any financial institution that may have made or may make a loan pertaining to the property, or that may have or take a security interest in the property, or any real estate licensee engaged by the seller or the buyer.

If you mark yes on items with , attach a copy or explain on an attached sheet.

�� 1.�� TITLE

�� A.� Do you have legal authority to sell the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *B. Is title to the property subject to any of the

�� following:�� [ ]Yes� [ ]No�� [ ]Unknown

�� (1) First right of refusal

�� (2) Option

�� (3) Lease or rental agreement

�� (4) Other listing

�� (5) Life estate?

�� *C. Is the property being transferred an

�� unlawfully established unit of land?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *D. Are there any encroachments, boundary

�� agreements, boundary disputes or recent

�� boundary changes?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *E. Are there any rights of way, easements,

�� licenses, access limitations or claims that

�� may affect your interest in the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *F. Are there any agreements for joint

�� maintenance of an easement or right of way?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *G. Are there any governmental studies, designations,

�� zoning overlays, surveys or notices that would

�� affect the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *H. Are there any pending or existing governmental

�� assessments against the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *I.� Are there any zoning violations or

�� nonconforming uses?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *J. Is there a boundary survey for the

�� property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *K. Are there any covenants, conditions,

�� restrictions or private assessments that

�� affect the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *L. Is the property subject to any special tax

�� assessment or tax treatment that may result

�� in levy of additional taxes if the property

�� is sold?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 2.�� WATER

�� A.� Household water

�� (1) The source of the water is (check ALL that apply):

�� [ ]Public [ ]Community [ ]Private

�� [ ]Other __

�� (2) Water source information:

�� *a. Does the water source require a water permit?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, do you have a permit?�� [ ]Yes� [ ]No

�� b.�� Is the water source located on the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If not, are there any written agreements for

�� a shared water source?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� *c. Is there an easement (recorded or unrecorded)

�� for your access to or maintenance of the water

�� source?�� [ ]Yes� [ ]No�� [ ]Unknown

�� d.�� If the source of water is from a well or spring,

�� have you had any of the following in the past

�� 12 months? [ ]Flow test [ ]Bacteria test

�� [ ]Chemical contents test�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� *e. Are there any water source plumbing problems

�� or needed repairs?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (3) Are there any water treatment systems for

�� the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� [ ]Leased [ ]Owned

�� B.� Irrigation

�� (1) Are there any [ ] water rights or [ ] other

�� irrigation rights for the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *(2) If any exist, has the irrigation water been

�� used during the last five-year period?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� *(3) Is there a water rights certificate or other

�� written evidence available?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� C.� Outdoor sprinkler system

�� (1) Is there an outdoor sprinkler system for the

�� property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (2) Has a back flow valve been installed?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (3) Is the outdoor sprinkler system operable?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� 3.�� SEWAGE SYSTEM

�� A.� Is the property connected to a public or

�� community sewage system?�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Are there any new public or community sewage

�� systems proposed for the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� C.� Is the property connected to an on-site septic

�� system?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (1) If yes, when was the system installed?�� __�� [ ]Unknown�� [ ]NA

�� (2) *If yes, was the system installed by permit?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (3) *Has the system been repaired or altered?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (4) *Has the condition of the system been

�� evaluated and a report issued?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (5) Has the septic tank ever been pumped?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, when?�� __�� [ ]NA

�� (6) Does the system have a pump?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (7) Does the system have a treatment unit such

�� as a sand filter or an aerobic unit?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (8) *Is a service contract for routine

�� maintenance required for the system?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (9) Are all components of the system located on

�� the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� *Are there any sewage system problems or

�� needed repairs?�� [ ]Yes� [ ]No�� [ ]Unknown

�� E.�� Does your sewage system require on-site

�� pumping to another level?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 4.�� DWELLING INSULATION

�� A.� Is there insulation in the:

�� (1) Ceiling?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (2) Exterior walls?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (3) Floors?�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Are there any defective insulated doors or

�� windows?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 5.�� DWELLING STRUCTURE

�� *A. Has the roof leaked?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, has it been repaired?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� B.� Are there any additions, conversions or

�� remodeling?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, was a building permit required?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� If yes, was a building permit obtained?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� If yes, was final inspection obtained?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� C.� Are there smoke alarms or detectors?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Are there carbon monoxide alarms?�� [ ]Yes� [ ]No�� [ ]Unknown

�� E.�� Is there a woodstove or fireplace

�� insert included in the sale?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, what is the make? __

�� *If yes, was it installed with a permit?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, is a certification label issued by the

�� United States Environmental Protection

�� Agency (EPA) or the Department of

�� Environmental Quality (DEQ) affixed to it?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *F. Has pest and dry rot, structural or

�� whole house� inspection been done

�� within the last three years?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *G. Are there any moisture problems, areas of water

�� penetration, mildew odors or other moisture

�� conditions (especially in the basement)?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, explain on attached sheet the frequency

�� and extent of problem and any insurance claims,

�� repairs or remediation done.

�� H.� Is there a sump pump on the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� I.�� Are there any materials used in the

�� construction of the structure that are or

�� have been the subject of a recall, class

�� action suit, settlement or litigation?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, what are the materials? __

�� (1) Are there problems with the materials?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (2) Are the materials covered by a warranty?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (3) Have the materials been inspected?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (4) Have there ever been claims filed for these

�� materials by you or by previous owners?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� If yes, when? __

�� (5) Was money received?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (6) Were any of the materials repaired or

�� replaced?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� 6.�� DWELLING SYSTEMS AND FIXTURES

�� If the following systems or fixtures are included

�� in the purchase price, are they in good working

�� order on the date this form is signed?

�� A.� Electrical system, including wiring, switches,

�� outlets and service�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Plumbing system, including pipes, faucets,

�� fixtures and toilets�� [ ]Yes� [ ]No�� [ ]Unknown

�� C.� Water heater tank�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Garbage disposal�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� E.�� Built-in range and oven�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� F.�� Built-in dishwasher�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� G.� Sump pump�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� H.� Heating and cooling systems�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� I.�� Security system [ ]Owned [ ]Leased�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� J.�� Are there any materials or products used in

�� the systems and fixtures that are or have

�� been the subject of a recall, class action

�� suit settlement or litigation?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, what product? ___

�� (1) Are there problems with the product?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (2) Is the product covered by a warranty?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (3) Has the product been inspected?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (4) Have claims been filed for this product

�� by you or by previous owners?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, when? ___

�� (5) Was money received?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (6) Were any of the materials or products repaired

�� or replaced?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 7.�� COMMON INTEREST

�� A.� Is there a Home Owners� Association

�� or other governing entity?�� [ ]Yes� [ ]No�� [ ]Unknown

�� Name of Association or Other Governing

�� Entity ___

�� Contact Person ______

�� Address ____

�� Phone Number ______

�� B.� Regular periodic assessments: $_____

�� per [ ]Month [ ]Year [ ]Other

�� *C. Are there any pending or proposed special

�� assessments?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Are there shared �common areas� or joint

�� maintenance agreements for facilities like

�� walls, fences, pools, tennis courts, walkways

�� or other areas co-owned in undivided interest

�� with others?�� [ ]Yes� [ ]No�� [ ]Unknown

�� E.�� Is the Home Owners� Association or other

�� governing entity a party to pending litigation

�� or subject to an unsatisfied judgment?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� F.�� Is the property in violation of recorded

�� covenants, conditions and restrictions or in

�� violation of other bylaws or governing rules,

�� whether recorded or not?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� 8.�� SEISMIC

�� Was the house constructed before 1974?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, has the house been bolted to its

�� foundation?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 9.�� GENERAL

�� A.� Are there problems with settling, soil,

�� standing water or drainage on the property

�� or in the immediate area?�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Does the property contain fill?�� [ ]Yes� [ ]No�� [ ]Unknown

�� C.� Is there any material damage to the property or

�� any of the structure(s) from fire, wind, floods,

�� beach movements, earthquake, expansive soils

�� or landslides?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Is the property in a designated floodplain?�� [ ]Yes� [ ]No�� [ ]Unknown

�� Note: Flood insurance may be required for

�� homes in a floodplain.

�� E.�� Is the property in a designated slide or

�� other geologic hazard zone?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *F. Has any portion of the property been tested

�� or treated for asbestos, formaldehyde, radon

�� gas, lead-based paint, mold, fuel or chemical

�� storage tanks or contaminated soil or water?�� [ ]Yes� [ ]No�� [ ]Unknown

�� G.� Are there any tanks or underground storage

�� tanks (e.g., septic, chemical, fuel, etc.)

�� on the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� H.� Has the property ever been used as an illegal

�� drug manufacturing or distribution site?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, was a Certificate of Fitness issued?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 10. FULL DISCLOSURE BY SELLERS

�� *A. Are there any other material defects affecting

�� this property or its value that a prospective

�� buyer should know about?�� [ ]Yes� [ ]No

�� *If yes, describe the defect on attached sheet and

�� explain the frequency and extent of the problem

�� and any insurance claims, repairs or remediation.

�� B.� Verification:

�� The foregoing answers and attached explanations (if any) are complete and correct to

the best of my/our knowledge and I/we have received a copy of this disclosure statement.

I/we authorize my/our agents to deliver a copy of this disclosure statement to all

prospective buyers of the property or their agents.

�� Seller(s) signature:

�� SELLER ___ DATE __

II. BUYER�S ACKNOWLEDGMENT

A. As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects that are known to me/us or can be known by me/us by utilizing diligent attention and observation.

B. Each buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made only by the seller and are not the representations of any financial institution that may have made or may make a loan pertaining to the property, or that may have or take a security interest in the property, or of any real estate licensee engaged by the seller or buyer. A financial institution or real estate licensee is not bound by and has no liability with respect to any representation, misrepresentation, omission, error or inaccuracy contained in another party�s disclosure statement required by this section or any amendment to the disclosure statement.

C. Buyer (which term includes all persons signing the �buyer�s acknowledgment� portion of this disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (including attachments, if any) bearing seller�s signature(s).

DISCLOSURES, IF ANY, CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER�S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. IF THE SELLER HAS FILLED OUT SECTION 2 OF THIS FORM, YOU, THE BUYER, HAVE FIVE DAYS FROM THE SELLER�S DELIVERY OF THIS DISCLOSURE STATEMENT TO REVOKE YOUR OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER�S DISCLOSURE UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.

BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS SELLER�S PROPERTY DISCLOSURE STATEMENT.

BUYER ___ DATE __

Agent receiving disclosure statement on buyer�s behalf to sign and date:

Real Estate Licensee

Real Estate Firm

Date received by agent __

[2003 c.328 �3; 2007 c.30 �13; 2007 c.866 �8; 2009 c.387 �18; 2009 c.591 �14a; 2013 c.435 �1; 2017 c.147 �1; 2019 c.584 �1; 2023 c.9 �5; 2025 c.590 �15]

�� 105.465 Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure statement. (1) The provisions of ORS 105.462 to 105.490, 696.301 and 696.870:

�� (a) Apply to the real property described in subparagraphs (A) to (D) of this paragraph unless the buyer indicates to the seller, which indication shall be conclusive, that the buyer will use the real property for purposes other than a residence for the buyer or the buyer�s spouse, parent or child:

�� (A) Real property consisting of or improved by one to four dwelling units;

�� (B) A condominium unit as defined in ORS 100.005 and not subject to disclosure under ORS 100.705;

�� (C) A timeshare property as defined in ORS 94.803 and not subject to disclosure under ORS

ORS 105.975

105.975 apply to a nonvested property interest or a power of appointment that is created on or after January 1, 1990. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.

�� (2) If a nonvested property interest or a power of appointment was created before January 1, 1990, and is determined in a judicial proceeding, commenced on or after January 1, 1990, to violate this state�s rule against perpetuities as that rule existed before January 1, 1990, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor�s manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created. [1989 c.208 �5]

�� 105.975 Short title; application and construction; supersession and repeal of common law. (1) ORS 105.950 to 105.975 shall be cited as the Uniform Statutory Rule Against Perpetuities.

�� (2) ORS 105.950 to 105.975 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of ORS 105.950 to 105.975 among states enacting it.

�� (3) ORS 105.950 to 105.975 supersede the rule of the common law known as the rule against perpetuities. [1989 c.208 ��6,7,8]

XERISCAPING COMMERCIAL OR INDUSTRIAL PROPERTY

�� 105.980 Xeriscaping. (1) As used in this section:

�� (a) �Commercial or industrial property� means property that is not used primarily for residential occupancy or for local government purposes.

�� (b) �Local government� has the meaning given that term in ORS 174.116.

�� (c) �Xeriscaping� means the selection of drought tolerant plants, the minimization of evaporation and runoff and the use of other landscape design features that minimize the need of the landscape for supplemental water from irrigation.

�� (2) Except as provided in subsection (3) of this section, an owner or occupant of a commercial or industrial property may install xeriscaping on landscaped portions of the property that are not otherwise set aside, dedicated or used to comply with a local government ordinance, rule or regulation regarding:

�� (a) Stormwater management;

�� (b) The preservation of natural habitat and tree canopy; or

�� (c) The control of invasive plant species.

�� (3) Subsection (2) of this section does not prohibit a local government from enforcing any contractual right of the local government with regard to the installation and maintenance of landscaping for a commercial or industrial structure developed in whole or in part with funding provided by the local government. [2011 c.178 �1]

ORS 133.005

133.005. [1974 c.28 �2; 1977 c.116 �6; 1993 c.500 �17]

�� Note: See note under 276.013.

�� 276.022 [Repealed by 1969 c.199 �59]

�� 276.023 State Capitol police officers; status. If the Legislative Administration Committee appoints police officers to protect the State Capitol, when performing their duties, the officers shall have the same authority as other peace officers as defined in ORS 133.005. [1977 c.116 �7; 1981 c.132 �4]

�� Note: 276.023 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 276 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 276.024 [Amended by 1967 c.583 �6; 1969 c.199 �19; renumbered 276.565]

�� 276.025 [1967 c.583 ��3,4; 1969 c.199 �20; 1969 c.706 �19; renumbered 276.567]

�� 276.026 [Amended by 1967 c.583 �7; repealed by 1977 c.598 �35]

�� 276.027 [1959 c.312 �1; repealed by 1977 c.116 �8]

�� 276.028 [Amended by 1971 c.639 �1; 1987 c.253 �1; 1999 c.748 �1; 2005 c.217 �11; renumbered 276.054 in 2009]

�� 276.030 [Amended by 1973 c.129 �2; 1973 c.792 �8; 1983 c.546 �6; 1997 c.632 �4; 2003 c.53 �1; repealed by 2005 c.217 �30]

�� 276.031 [2003 c.796 �21; repealed by 2005 c.217 �30]

�� 276.032 [Repealed by 2003 c.796 �28]

�� 276.033 [2003 c.796 �22; 2005 c.217 �12; repealed by 2009 c.896 �12]

�� 276.034 [Amended by 1971 c.639 �2; 1987 c.253 �2; 1999 c.748 �2; repealed by 2003 c.796 �28]

�� 276.035 [2003 c.796 �23; 2005 c.217 �13; repealed by 2009 c.896 �12]

�� 276.036 [Amended by 1971 c.639 �3; 1973 c.129 �8; 1977 c.719 �4; 1999 c.748 �3; repealed by 2003 c.796 �28]

�� 276.037 [1973 c.129 �7; 2003 c.796 ��3,4; repealed by 2005 c.217 �30]

�� 276.038 [Amended by 1971 c.639 �4; repealed by 2003 c.796 �28]

�� 276.039 [2003 c.796 �24; repealed by 2005 c.217 �30]

�� 276.040 [Amended by 1971 c.639 �5; 1973 c.129 �4; 2003 c.14 �138; repealed by 2003 c.796 �28]

�� 276.041 [2003 c.796 �25; 2005 c.217 �14; repealed by 2009 c.896 �12]

�� 276.042 [Amended by 1969 c.314 �17; 1973 c.129 �9; 1987 c.879 �11; repealed by 2003 c.796 �28]

�� 276.043 [1971 c.6 �2; 2003 c.796 ��5,6; repealed by 2005 c.217 �30]

�� 276.044 [Amended by 1969 c.706 �21; repealed by 1975 c.605 �33]

�� 276.045 [2003 c.796 �26; repealed by 2005 c.217 �30]

(Lands and Facilities in Capitol Area)

�� 276.046 Authority for department to acquire and improve land in capitol area. (1) The Oregon Department of Administrative Services may obtain title in the name of the State of Oregon by purchase, agreement, donation or exercise of the power of eminent domain, for development as a part of the capitol area to all land lying within the Capitol Mall.

�� (2) From time to time, when offered at proper prices and from funds available through appropriations for such purpose or through the Emergency Board, the department may purchase or acquire by agreement or donation, for development as a part of the capitol area, land lying within the Capitol Mall.

�� (3) The department may improve and develop the land acquired in a manner to accomplish the purpose and intent of ORS 276.054. [Amended by 1957 c.377 �1; 2005 c.217 �15]

�� 276.047 [1953 c.608 ��1,4; repealed by 1955 c.54 �1]

�� 276.048 [Repealed by 1969 c.199 �59]

�� 276.049 [1953 c.510 �1; repealed by 1969 c.199 �59]

�� 276.050 [1953 c.510 �2; 1967 c.419 �25; repealed by 1969 c.199 �59]

�� 276.051 [Repealed by 1977 c.598 �35]

�� 276.052 [1967 c.565 �7; repealed by 1977 c.598 �35]

�� 276.053 State Capitol State Park; boundaries; administration; monuments. (1) The State Capitol State Park is created, consisting of:

�� (a) The grounds immediately surrounding the State Capitol bordered by State Street on the south, Court Street on the north, Cottage Street on the west and Waverly Street on the east; and

�� (b) The grounds surrounding the Department of Transportation Building, the Public Service Building, the Bureau of Labor and Industries Building and the State Library, bordered by Court Street on the south, Center Street on the north, Winter Street on the west and Capitol Street on the east.

�� (2) Except as provided in ORS 276.002 (4) and subsection (3) of this section, the State Parks and Recreation Department shall manage and control the utilization of the State Capitol State Park.

�� (3) The Oregon Department of Administrative Services shall manage and control the utilization of the underground parking structures located beneath the area described in subsection (1)(b) of this section and all aboveground structures that provide access to the underground parking structures.

�� (4) The Oregon Department of Administrative Services shall construct one or more permanent lavatories on the grounds of the State Capitol State Park. Upon completion of construction, the State Parks and Recreation Department shall maintain and control the utilization of the lavatories.

�� (5)(a) To commemorate and honor Indian tribes, the State Parks and Recreation Department shall plan, erect and maintain one or more monuments or other suitable markers that are sited within, and are compatible with, the Walk of the Flags on the grounds of the State Capitol State Park.

�� (b) The department shall consult with the Oregon State Capitol Foundation, the Commission on Indian Services and each of the federally recognized Indian tribes in Oregon in carrying out its duties under this section.

�� (c) The department shall carry out its duties under subsection (5)(a) of this section only after obtaining funding from private sources.

�� (6)(a) The portion of the State Capitol State Park that is the southwest corner of the park, just to the south of the World War II memorial, is hereby dedicated to a Vietnam War memorial.

�� (b) A Vietnam War memorial constructed under this subsection is an outright permitted use without taking an exception under ORS 197.732 to the statewide land use planning goals or changing the acknowledged comprehensive plan or land use regulations of Marion County.

�� (c) The State Parks and Recreation Department shall maintain the finished memorial. [2007 c.892 �5; subsection (5) of 2009 Edition enacted as 2008 c.6 �1; subsection (6) of 2021 Edition enacted as 2021 c.485 �1]

�� Note: 276.053 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 276 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Capitol Area Planning)

�� 276.054 Declaration of policy concerning capitol area and other areas. A special relationship exists between the City of Salem, Oregon�s capitol, and state government. State lands and buildings and the functions of state government have a significant impact on the City of Salem. It is declared to be the purpose and policy of the State of Oregon to establish and effectuate a long-range plan of development of the capitol area in the City of Salem and the areas immediately surrounding state buildings situated outside the capitol area within the boundaries of the City of Salem and to coordinate the acquisition and disposition of real property and the construction of buildings by the state, the laying out of streets and the landscaping of grounds in the areas. The purpose of the long-range plan is to enhance and preserve the beauty and dignity of the areas and permanently to secure the areas from commercial and industrial encroachment. [Formerly

ORS 169.005

169.005, detention facilities as defined in ORS 419A.004, youth correction facilities as defined in ORS 420.005 and Department of Corrections institutions as defined in ORS 421.005. [1999 c.920 �3; 2015 c.629 �32]

�� Note: See note under 164.160.

MONEY LAUNDERING

�� 164.170 Laundering a monetary instrument. (1) A person commits the crime of laundering a monetary instrument if the person:

�� (a) Knowing that the property involved in a financial transaction represents the proceeds of some form, though not necessarily which form, of unlawful activity, conducts or attempts to conduct a financial transaction that involves the proceeds of unlawful activity:

�� (A) With the intent to promote the carrying on of unlawful activity; or

�� (B) Knowing that the transaction is designed in whole or in part to:

�� (i) Conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity; or

�� (ii) Avoid a transaction reporting requirement under federal law;

�� (b) Transports, transmits or transfers or attempts to transport, transmit or transfer a monetary instrument or funds:

�� (A) With the intent to promote the carrying on of unlawful activity; or

�� (B) Knowing that the monetary instrument or funds involved in the transportation, transmission or transfer represent the proceeds of some form, though not necessarily which form, of unlawful activity and knowing that the transportation, transmission or transfer is designed, in whole or in part, to:

�� (i) Conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity; or

�� (ii) Avoid a transaction reporting requirement under federal law; or

�� (c) Intentionally conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of unlawful activity or property used to conduct or facilitate unlawful activity to:

�� (A) Promote the carrying on of unlawful activity;

�� (B) Conceal or disguise the nature, location, source, ownership or control of property believed to be the proceeds of unlawful activity; or

�� (C) Avoid a transaction reporting requirement under federal law.

�� (2)(a) Laundering a monetary instrument is a Class B felony.

�� (b) In addition to any other sentence of imprisonment or fine that a court may impose and notwithstanding ORS 161.625, a court may include in the sentence of a person convicted under this section a fine in an amount equal to the value of the property, funds or monetary instruments involved in the unlawful transaction.

�� (3) For purposes of subsection (1)(b)(B) of this section, the state may establish the defendant�s knowledge through evidence that a peace officer, federal officer or another person acting at the direction of or with the approval of a peace officer or federal officer represented the matter specified in subsection (1)(b)(B) of this section as true and the defendant�s subsequent statements or actions indicate that the defendant believed the representations to be true.

�� (4) For purposes of subsection (1)(c) of this section, �represented� includes, but is not limited to, any representation made by a peace officer, federal officer or another person acting at the direction of or with the approval of a peace officer or federal officer.

�� (5) As used in this section:

�� (a) �Conducts� includes initiating, concluding or participating in the initiation or conclusion of a transaction.

�� (b) �Federal officer� has the meaning given that term in ORS 133.005.

�� (c) �Financial institution� has the meaning given that term in ORS 706.008.

�� (d) �Financial transaction� means a transaction involving:

�� (A) The movement of funds by wire or other means;

�� (B) One or more monetary instruments;

�� (C) The transfer of title to any real property, vehicle, vessel or aircraft; or

�� (D) The use of a financial institution.

�� (e) �Monetary instrument� means:

�� (A) Coin or currency of the United States or of any other country, traveler�s checks, personal checks, bank checks, cashier�s checks, money orders, foreign bank drafts of any foreign country or gold, silver or platinum bullion or coins; or

�� (B) Investment securities or negotiable instruments, in bearer form or otherwise in such form that title passes upon delivery.

�� (f) �Peace officer� has the meaning given that term in ORS 133.005.

�� (g) �Transaction� includes a purchase, sale, loan, pledge, gift, transfer, delivery or other disposition and, with respect to a financial institution, includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit or other monetary instrument, use of a safe deposit box or any other payment, transfer or delivery by, through or to a financial institution by whatever means.

�� (h) �Unlawful activity� means any act constituting a felony under state, federal or foreign law. [1999 c.878 �1]

�� Note: 164.170, 164.172 and 164.174 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.172 Engaging in a financial transaction in property derived from unlawful activity. (1) A person commits the crime of engaging in a financial transaction in property derived from unlawful activity if the person knowingly engages in or attempts to engage in a financial transaction in property that:

�� (a) Constitutes, or is derived from, the proceeds of unlawful activity;

�� (b) Is of a value greater than $10,000; and

�� (c) The person knows is derived from or represents the proceeds of some form, though not necessarily which form, of unlawful activity.

�� (2)(a) Engaging in a financial transaction in property derived from unlawful activity is a Class C felony.

�� (3) As used in this section:

�� (a) �Financial transaction� has the meaning given that term in ORS 164.170. �Financial transaction� does not include any transaction necessary to preserve a person�s right to representation as guaranteed by section 11, Article I of the Oregon Constitution, and the Sixth Amendment to the United States Constitution.

�� (b) �Unlawful activity� has the meaning given that term in ORS 164.170. [1999 c.878 �2]

�� Note: See note under 164.170.

�� 164.174 Exceptions. Nothing in ORS 164.170 or 164.172 or the amendments to ORS 166.715 by section 4, chapter 878, Oregon Laws 1999, is intended to allow the prosecution of a corporation, business, partnership, limited liability company, limited liability partnership or any similar entity, or an employee or agent of such an entity, that makes a good faith effort to comply with federal and state laws governing the entity. [1999 c.878 �3]

�� Note: See note under 164.170.

BURGLARY AND CRIMINAL TRESPASS

�� 164.205 Definitions for ORS 164.205 to 164.270. As used in ORS 164.205 to 164.270, except as the context requires otherwise:

�� (1) �Building,� in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building.

�� (2) �Dwelling� means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present.

�� (3) �Enter or remain unlawfully� means:

�� (a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public and when the entrant is not otherwise licensed or privileged to do so;

�� (b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge;

�� (c) To enter premises that are open to the public after being lawfully directed not to enter the premises; or

�� (d) To enter or remain in a motor vehicle when the entrant is not authorized to do so.

�� (4) �Open to the public� means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.

�� (5) �Person in charge� means a person, a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship. �Person in charge� includes, but is not limited to the person, or holder of a position, designated as the person or position-holder in charge by the Governor, board, commission or governing body of any political subdivision of this state.

�� (6) �Premises� includes any building and any real property, whether privately or publicly owned. [1971 c.743 �135; 1983 c.740 �33; 1999 c.1040 �10; 2003 c.444 �1; 2015 c.10 �1]

�� 164.210 [Repealed by 1971 c.743 �432]

�� 164.215 Burglary in the second degree. (1) Except as otherwise provided in ORS 164.255, a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime therein.

�� (2) Burglary in the second degree is a Class C felony. [1971 c.743 �136; 1993 c.680 �24]

�� 164.220 [Repealed by 1971 c.743 �432]

�� 164.225 Burglary in the first degree. (1) A person commits the crime of burglary in the first degree if the person violates ORS 164.215 and the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom the person:

�� (a) Is armed with a burglary tool or theft device as defined in ORS 164.235 or a deadly weapon;

�� (b) Causes or attempts to cause physical injury to any person; or

�� (c) Uses or threatens to use a dangerous weapon.

�� (2) Burglary in the first degree is a Class A felony. [1971 c.743 �137; 2003 c.577 �10]

�� 164.230 [Repealed by 1971 c.743 �432]

�� 164.235 Possession of a burglary tool or theft device. (1) A person commits the crime of possession of a burglary tool or theft device if the person possesses a burglary tool or theft device and the person:

�� (a) Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking; or

�� (b) Knows that another person intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking.

�� (2) For purposes of this section, �burglary tool or theft device� means an acetylene torch, electric arc, burning bar, thermal lance, oxygen lance or other similar device capable of burning through steel, concrete or other solid material, a signal jammer that can interfere with the function of an alarm system or signals or communications to and from an alarm system or nitroglycerine, dynamite, gunpowder or any other explosive, tool, instrument or other article adapted or designed for committing or facilitating a forcible entry into premises or theft by a physical taking.

�� (3) Possession of a burglary tool or theft device is a Class A misdemeanor. [1971 c.743 �138; 1999 c.1040 �13; 2003 c.577 �9; 2025 c.139 �1]

�� 164.240 [Amended by 1959 c.99 �1; repealed by 1971 c.743 �432]

�� 164.243 Criminal trespass in the second degree by a guest. A guest commits the crime of criminal trespass in the second degree if that guest intentionally remains unlawfully in a transient lodging after the departure date of the guest�s reservation without the approval of the hotelkeeper. �Guest� means a person who is registered at a hotel and is assigned to transient lodging, and includes any individual accompanying the person. [1979 c.856 �2]

�� 164.245 Criminal trespass in the second degree. (1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.

�� (2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 �139; 1999 c.1040 �9]

�� 164.250 [Repealed by 1971 c.743 �432]

�� 164.255 Criminal trespass in the first degree. (1) A person commits the crime of criminal trespass in the first degree if the person:

�� (a) Enters or remains unlawfully in a dwelling;

�� (b) Having been denied future entry to a building pursuant to a merchant�s notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein;

�� (c) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way; or

�� (d) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912.

�� (2) Subsection (1)(d) of this section does not apply to the owner of record of the premises if:

�� (a) The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises;

�� (b) The owner enters or remains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and

�� (c) The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use.

�� (3) Criminal trespass in the first degree is a Class A misdemeanor. [1971 c.743 �140; 1993 c.680 �23; 1999 c.837 �1; 2001 c.386 �1; 2003 c.527 �1]

�� 164.260 [Repealed by 1971 c.743 �432]

�� 164.265 Criminal trespass while in possession of a firearm. (1) A person commits the crime of criminal trespass while in possession of a firearm who, while in possession of a firearm, enters or remains unlawfully in or upon premises.

�� (2) Criminal trespass while in possession of a firearm is a Class A misdemeanor. [1979 c.603 �2]

�� 164.270 Closure of premises to motor-propelled vehicles. (1) For purposes of ORS 164.245, a landowner or an agent of the landowner may close the privately owned premises of the landowner to motor-propelled vehicles by posting signs on or near the boundaries of the closed premises at the normal points of entry as follows:

�� (a) Signs must be no smaller than eight inches in height and 11 inches in width;

�� (b) Signs must contain the words �Closed to Motor-propelled Vehicles� or words to that effect in letters no less than one inch in height;

�� (c) Signs must display the name, business address and phone number, if any, of the landowner or agent of the landowner; and

�� (d) Signs must be posted at normal points of entry and be no further apart than 350 yards.

�� (2) A person violates ORS 164.245 if the person operates or rides upon or within a motor-propelled vehicle upon privately owned premises when the premises are posted as provided in this section and the person does not have written authorization to operate a motor-propelled vehicle upon the premises.

�� (3) Nothing contained in this section prevents emergency or law enforcement vehicles from entering upon land closed to motor-propelled vehicles. [1981 c.394 �2]

�� 164.272 Unlawful entry into a motor vehicle. (1) A person commits the crime of unlawful entry into a motor vehicle if the person enters a motor vehicle, or any part of a motor vehicle, with the intent to commit a crime.

�� (2) Unlawful entry into a motor vehicle is a Class A misdemeanor.

�� (3) As used in this section, �enters� includes, but is not limited to, inserting:

�� (a) Any part of the body; or

�� (b) Any object connected with the body. [1995 c.782 �1]

�� Note: 164.272 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.274 Definitions for ORS 164.276 and 164.278. As used in ORS 164.276 and 164.278:

�� (1) �Coach� means a person who instructs or trains members of a team or directs the strategy of a team participating in a sports event.

�� (2) �Inappropriate behavior� means:

�� (a) Engaging in fighting or in violent, tumultuous or threatening behavior;

�� (b) Violating the rules of conduct governing coaches, team players and spectators at a sports event;

�� (c) Publicly insulting another person by abusive words or gestures in a manner intended to provoke a violent response; or

�� (d) Intentionally subjecting another person to offensive physical contact.

�� (3) �Premises� has the meaning given that term in ORS 164.205.

�� (4) �Spectator� means any person, other than a team player or coach, who attends a sports event.

�� (5) �Sports official� has the meaning given that term in ORS 30.882. [2003 c.629 �1]

�� Note: 164.274 to 164.278 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.276 Authority of sports official to expel persons from sports event. A sports official may order a coach, team player or spectator to leave the premises at which a sports event is taking place and at which the sports official is officiating if the coach, team player or spectator is engaging in inappropriate behavior. [2003 c.629 �2]

�� Note: See note under 164.274.

�� 164.278 Criminal trespass at a sports event. (1) A person commits the crime of criminal trespass at a sports event if the person:

�� (a) Is a coach, team player or spectator at a sports event;

�� (b) Engages in inappropriate behavior;

�� (c) Has been ordered by a sports official to leave the premises at which the sports event is taking place; and

�� (d) Fails to leave the premises or returns to the premises during the period of time when reentry has been prohibited.

�� (2) Criminal trespass at a sports event is a Class C misdemeanor. [2003 c.629 �3]

�� Note: See note under 164.274.

ARSON, CRIMINAL MISCHIEF AND RELATED OFFENSES

�� 164.305 Definitions for ORS 164.305 to 164.377. As used in ORS 164.305 to 164.377, except as the context requires otherwise:

�� (1) �Protected property� means any structure, place or thing customarily occupied by people, including �public buildings� as defined by ORS 479.168 and �forestland,� as defined by ORS 477.001.

�� (2) �Property of another� means property in which anyone other than the actor has a legal or equitable interest that the actor has no right to defeat or impair, even though the actor may also have such an interest in the property. [1971 c.743 �141; 1977 c.640 �1; 1989 c.584 �1; 2003 c.543 �1]

�� 164.310 [Amended by 1957 c.653 �1; 1959 c.302 �2; repealed by 1971 c.743 �432]

�� 164.315 Arson in the second degree. (1) A person commits the crime of arson in the second degree if:

�� (a) By starting a fire or causing an explosion, the person intentionally damages:

�� (A) Any building of another that is not protected property; or

�� (B) Any property of another and the damages to the property exceed $750; or

�� (b) By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.

�� (2) Arson in the second degree is a Class C felony. [1971 c.743 �143; 2001 c.432 �1; 2005 c.706 �3]

�� 164.320 [Amended by 1959 c.77 �1; repealed by 1971 c.743 �432]

�� 164.325 Arson in the first degree. (1) A person commits the crime of arson in the first degree if:

�� (a) By starting a fire or causing an explosion, the person intentionally damages:

�� (A) Protected property of another;

�� (B) Any property, whether the property of the person or the property of another person, and such act recklessly places another person in danger of physical injury or protected property of another in danger of damage; or

�� (C) Any property, whether the property of the person or the property of another person, and recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire; or

�� (b) By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.

�� (2) Arson in the first degree is a Class A felony. [1971 c.743 �144; 1991 c.946 �1; 2005 c.706 �4]

�� 164.330 [Repealed by 1971 c.743 �432]

�� 164.335 Reckless burning. (1) A person commits the crime of reckless burning if the person recklessly damages property of another by fire or explosion.

�� (2) Reckless burning is a Class A misdemeanor. [1971 c.743 �142]

�� 164.338 Arson incident to the manufacture of a controlled substance in the second degree. (1) A person commits the crime of arson incident to the manufacture of a controlled substance in the second degree if, by knowingly engaging in the manufacture of a controlled substance, the person causes a fire or causes an explosion that damages:

�� (a) Any building of another that is not protected property; or

�� (b) Any property of another and the damages to the property exceed $750.

�� (2) Arson incident to the manufacture of a controlled substance in the second degree is a Class C felony.

�� (3) As used in this section and ORS 164.342, �controlled substance� and �manufacture� have the meanings given those terms in ORS 475.005. [2017 c.248 �2]

�� 164.340 [Repealed by 1971 c.743 �432]

�� 164.342 Arson incident to the manufacture of a controlled substance in the first degree. (1) A person commits the crime of arson incident to the manufacture of a controlled substance in the first degree if, by knowingly engaging in the manufacture of a controlled substance, the person causes a fire or causes an explosion that damages:

�� (a) The protected property of another;

�� (b) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly places another person in danger of physical injury or protected property of another in danger of damage; or

�� (c) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire or explosion.

�� (2) Arson incident to the manufacture of a controlled substance in the first degree is a Class A felony. [2017 c.248 �3]

�� 164.345 Criminal mischief in the third degree. (1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another.

�� (2) Criminal mischief in the third degree is a Class C misdemeanor. [1971 c.743 �145]

�� 164.350 [Repealed by 1971 c.743 �432]

�� 164.354 Criminal mischief in the second degree. (1) A person commits the crime of criminal mischief in the second degree if:

�� (a) The person violates ORS 164.345, and as a result thereof, damages property in an amount exceeding $500; or

�� (b) Having no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another, or, the person recklessly damages property of another in an amount exceeding $500.

�� (2) Criminal mischief in the second degree is a Class A misdemeanor. [1971 c.743 �146; 2009 c.16 �5]

�� 164.355 [1967 c.378 ��1,2,3,4; 1969 c.287 �1; repealed by 1971 c.743 �432]

�� 164.360 [Repealed by 1971 c.743 �432]

�� 164.362 [1957 c.714 ��1,6(1); repealed by 1971 c.743 �432]

�� 164.364 [1957 c.714 ��4,5; repealed by 1971 c.743 �432]

�� 164.365 Criminal mischief in the first degree. (1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:

�� (a) Damages or destroys property of another:

�� (A) In an amount exceeding $1,000;

�� (B) By means of an explosive;

�� (C) By starting a fire in an institution while the person is committed to and confined in the institution;

�� (D) Which is a livestock animal as defined in ORS 164.055;

�� (E) Which is the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public; or

�� (F) By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility; or

�� (b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.

�� (2) As used in subsection (1) of this section:

�� (a) �Institution� includes state and local correctional facilities, mental health facilities, juvenile detention facilities and state training schools.

�� (b) �Medical facility� means a health care facility as defined in ORS 442.015, a licensed physician�s office or anywhere a licensed medical practitioner provides health care services.

�� (c) �Public utility� has the meaning provided for that term in ORS 757.005 and includes any cooperative, people�s utility district or other municipal corporation providing an electric, gas, water or other utility service.

�� (d) �Railroad� has the meaning provided for that term in ORS 824.020.

�� (e) �Public transportation facility� means any property, structure or equipment used for or in connection with the transportation of persons for hire by rail, air or bus, including any railroad cars, buses or airplanes used to carry out such transportation.

�� (f) �Telecommunications carrier� has the meaning given that term in ORS 133.721.

�� (3) Criminal mischief in the first degree is a Class C felony. [1971 c.743 �147; 1973 c.133 �6; 1975 c.344 �1; 1979 c.805 �1; 1983 c.740 �33a; 1987 c.447 �104; 1987 c.907 �10; 1989 c.584 �2; 1991 c.837 �13; 1991 c.946 �2; 1993 c.94 �1; 1993 c.332 �3; 1999 c.1040 �11; 1999 c.1093 �2; 2003 c.543 �4; 2009 c.16 �6]

�� 164.366 [1957 c.714 ��2,6(2); repealed by 1971 c.743 �432]

�� 164.367 Determining value of damage; aggregation. For purposes of ORS 164.345, 164.354 and 164.365, the value of damage done during single incidents of criminal mischief may be added together if the incidents of criminal mischief were committed:

�� (1) Against multiple victims in the same course of conduct; or

�� (2) Against the same victim, or two or more persons who are joint owners, within a 30-day period. [1999 c.1040 �12]

�� Note: 164.367 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.368 [1957 c.714 �3; repealed by 1971 c.743 �432]

�� 164.369 [1989 c.584 �4; 2003 c.543 �5; renumbered 167.337 in 2003]

�� 164.370 [Repealed by 1971 c.743 �432]

�� 164.373 Tampering with cable television equipment. (1) A person commits the crime of tampering with cable television equipment if the person:

�� (a) Knowingly tampers or otherwise interferes with or connects to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, without authority of the provider of such service; or

�� (b) Knowingly permits another person to tamper or otherwise interfere with, or connect to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, such tampering, interfering or connecting being upon premises under the control of such first person or intended for the benefit of such first person, without authority of the provider of such service.

�� (2) Tampering with cable television equipment is a Class B misdemeanor. [1985 c.537 �5]

�� 164.377 Computer crime. (1) As used in this section:

�� (a) To �access� means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network.

�� (b) �Computer� means, but is not limited to, an electronic, magnetic, optical electrochemical or other high-speed data processing device that performs logical, arithmetic or memory functions by the manipulations of electronic, magnetic or optical signals or impulses, and includes the components of a computer and all input, output, processing, storage, software or communication facilities that are connected or related to such a device in a system or network.

�� (c) �Computer network� means, but is not limited to, the interconnection of communication lines, including microwave or other means of electronic communication, with a computer through remote terminals or a complex consisting of two or more interconnected computers.

�� (d) �Computer program� means, but is not limited to, a series of instructions or statements, in a form acceptable to a computer, which permits the functioning of a computer system in a manner designed to provide appropriate products from or usage of such computer system.

�� (e) �Computer software� means, but is not limited to, computer programs, procedures and associated documentation concerned with the operation of a computer system.

�� (f) �Computer system� means, but is not limited to, a set of related, connected or unconnected, computer equipment, devices and software. �Computer system� also includes any computer, device or software owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery.

�� (g) �Data� means a representation of information, knowledge, facts, concepts, computer software, computer programs or instructions. �Data� may be in any form, in storage media, or as stored in the memory of the computer, or in transit, or presented on a display device. �Data� includes, but is not limited to, computer or human readable forms of numbers, text, stored voice, graphics and images.

�� (h) �Intimate image� means a photograph, film, video, recording, digital picture or other visual reproduction of a person whose intimate parts are visible or who is engaged in sexual conduct.

�� (i) �Intimate parts� means uncovered human genitals, pubic areas or female nipples.

�� (j) �Property� includes, but is not limited to, financial instruments, information, including electronically produced data, and computer software and programs in either computer or human readable form, intellectual property and any other tangible or intangible item of value.

�� (k) �Proprietary information� includes any scientific, technical or commercial information including any design, process, procedure, list of customers, list of suppliers, customers� records or business code or improvement thereof that is known only to limited individuals within an organization and is used in a business that the organization conducts. The information must have actual or potential commercial value and give the user of the information an opportunity to obtain a business advantage over competitors who do not know or use the information.

�� (L) �Services� includes, but is not limited to, computer time, data processing and storage functions.

�� (m) �Sexual conduct� means sexual intercourse or oral or anal sexual intercourse, as those terms are defined in ORS 163.305, or masturbation.

�� (2) Any person commits computer crime who knowingly accesses, attempts to access or uses, or attempts to use, any computer, computer system, computer network or any part thereof for the purpose of:

�� (a) Devising or executing any scheme or artifice to defraud;

�� (b) Obtaining money, property or services by means of false or fraudulent pretenses, representations or promises; or

�� (c) Committing theft, including, but not limited to, theft of proprietary information or theft of an intimate image.

�� (3) Any person who knowingly and without authorization alters, damages or destroys any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

�� (4) Any person who knowingly and without authorization uses, accesses or attempts to access any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

�� (5)(a) A violation of the provisions of subsection (2) or (3) of this section shall be a Class C felony. Except as provided in paragraph (b) of this subsection, a violation of the provisions of subsection (4) of this section shall be a Class A misdemeanor.

�� (b) Any violation of this section relating to a computer, computer network, computer program, computer software, computer system or data owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery Commission shall be a Class C felony. [1985 c.537 �8; 1989 c.737 �1; 1991 c.962 �17; 2001 c.870 �18; 2015 c.350 �1; 2017 c.318 �13]

�� 164.380 [Repealed by 1971 c.743 �432]

GRAFFITI-RELATED OFFENSES

�� 164.381 Definitions. As used in ORS 137.131, 164.381 to 164.386 and 419C.461:

�� (1) �Graffiti� means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property.

�� (2) �Graffiti implement� means paint, ink, chalk, dye or other substance or any instrument or article designed or adapted for spraying, marking, etching, scratching or carving surfaces. [1995 c.615 �1]

�� Note: 164.381 to 164.388 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.383 Unlawfully applying graffiti. (1) A person commits the offense of unlawfully applying graffiti if the person, having no right to do so nor reasonable ground to believe that the person has such right, intentionally damages property of another by applying graffiti to the property.

�� (2) Unlawfully applying graffiti is a Class A violation. Upon a conviction for unlawfully applying graffiti, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 100 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

�� (3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period. [1995 c.615 �2; 1999 c.1051 �156]

�� Note: See note under 164.381.

�� 164.385 [1967 c.243 �1; repealed by 1971 c.743 �432]

�� 164.386 Unlawfully possessing a graffiti implement. (1) A person commits the offense of unlawfully possessing a graffiti implement if the person possesses a graffiti implement with the intent of using the graffiti implement in violation of ORS 164.383.

�� (2) Unlawfully possessing a graffiti implement is a Class C violation. Upon a conviction for unlawfully possessing a graffiti implement, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 50 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

�� Note: See note under 164.381.

�� 164.388 Preemption. The provisions of ORS 137.131, 164.381 to 164.386 and 419C.461 are not intended to preempt any local regulation of graffiti or graffiti-related activities or any prosecution under ORS 164.345, 164.354 or 164.365. [1995 c.615 �7; 1999 c.1040 �6]

�� Note: See note under 164.381.

�� 164.390 [1959 c.626 ��1,4; repealed by 1971 c.743 �432]

�� 164.392 [1959 c.626 ��2,3; repealed by 1971 c.743 �432]

ROBBERY

�� 164.395 Robbery in the third degree. (1) A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft or unauthorized use of a vehicle as defined in ORS 164.135 the person uses or threatens the immediate use of physical force upon another person with the intent of:

�� (a) Preventing or overcoming resistance to the taking of the property or to retention thereof immediately after the taking; or

�� (b) Compelling the owner of such property or another person to deliver the property or to engage in other conduct which might aid in the commission of the theft or unauthorized use of a vehicle.

�� (2) Robbery in the third degree is a Class C felony. [1971 c.743 �148; 2003 c.357 �1]

�� 164.405 Robbery in the second degree. (1) A person commits the crime of robbery in the second degree if the person violates ORS 164.395 and the person:

�� (a) Represents by word or conduct that the person is armed with what purports to be a dangerous or deadly weapon; or

�� (b) Is aided by another person actually present.

�� (2) Robbery in the second degree is a Class B felony. [1971 c.743 �149]

�� 164.410 [Repealed by 1971 c.743 �432]

�� 164.415 Robbery in the first degree. (1) A person commits the crime of robbery in the first degree if the person violates ORS 164.395 and the person:

�� (a) Is armed with a deadly weapon;

�� (b) Uses or attempts to use a dangerous weapon; or

�� (c) Causes or attempts to cause serious physical injury to any person.

�� (2) Robbery in the first degree is a Class A felony. [1971 c.743 �150; 2007 c.71 �51]

�� 164.420 [Repealed by 1971 c.743 �432]

�� 164.430 [Repealed by 1971 c.743 �432]

�� 164.440 [Amended by 1969 c.511 �1; repealed by 1971 c.404 �8 and by 1971 c.743 �432]

�� 164.450 [Repealed by 1971 c.743 �432]

�� 164.452 [1965 c.100 �300; repealed by 1971 c.743 �432]

�� 164.455 [1953 c.535 �1; 1959 c.687 �2; 1965 c.453 �1; repealed by 1971 c.743 �432]

�� 164.460 [Amended by 1957 c.470 �1; 1959 c.530 �2; 1969 c.501 �3; repealed by 1971 c.743 �432]

�� 164.462 [1963 c.552 ��1,2; 1965 c.450 �1; repealed by 1971 c.743 �432]

�� 164.465 [1953 c.430 �1; 1959 c.687 �3; repealed by 1971 c.743 �432]

�� 164.470 [Amended by 1969 c.594 �1; repealed by 1971 c.743 �432]

�� 164.480 [Repealed by 1971 c.743 �432]

�� 164.485 [1969 c.652 �1; repealed by 1971 c.743 �432]

�� 164.490 [1969 c.652 �2; repealed by 1971 c.743 �432]

�� 164.500 [1969 c.652 ��3,4,6; repealed by 1971 c.743 �432]

�� 164.505 [1969 c.652 �5; repealed by 1971 c.743 �432]

�� 164.510 [Repealed by 1971 c.743 �432]

�� 164.520 [Repealed by 1971 c.743 �432]

�� 164.530 [Repealed by 1971 c.743 �432]

�� 164.540 [Repealed by 1971 c.743 �432]

�� 164.550 [Repealed by 1971 c.743 �432]

�� 164.555 [1963 c.552 �3; repealed by 1971 c.743 �432]

�� 164.560 [Repealed by 1971 c.743 �432]

�� 164.570 [Repealed by 1971 c.743 �432]

�� 164.580 [Amended by 1959 c.580 �103; repealed by 1971 c.743 �432]

�� 164.590 [Repealed by 1971 c.743 �432]

�� 164.610 [Repealed by 1971 c.743 �432]

�� 164.620 [Repealed by 1971 c.743 �432]

�� 164.630 [Repealed by 1971 c.743 �432]

�� 164.635 [1961 c.310 �2; 1967 c.332 �1; repealed by 1971 c.743 �432]

�� 164.640 [Repealed by 1971 c.743 �432]

�� 164.650 [Repealed by 1971 c.743 �432]

�� 164.660 [Amended by 1967 c.390 �1; repealed by 1971 c.743 �432]

�� 164.670 [Amended by 1965 c.552 �1; repealed by 1971 c.743 �432]

�� 164.680 [Repealed by 1971 c.743 �432]

�� 164.690 [Repealed by 1971 c.743 �432]

�� 164.700 [1965 c.594 �1; repealed by 1971 c.743 �432]

�� 164.710 [Amended by 1969 c.517 �1; repealed by 1971 c.743 �432]

�� 164.720 [Repealed by 1971 c.743 �432]

�� 164.730 [Amended by 1967 c.351 �1; repealed by 1971 c.743 �432]

�� 164.740 [Repealed by 1971 c.743 �432]

�� 164.750 [1969 c.584 �1; repealed by 1971 c.743 �432]

�� 164.760 [1969 c.584 ��2,3; repealed by 1971 c.743 �432]

�� 164.770 [1969 c.584 �4; repealed by 1971 c.743 �432]

LITTERING

�� 164.775 Deposit of trash within 100 yards of waters or in waters; license suspensions; civil penalties; credit for work in lieu of fine. (1) It is unlawful for any person to discard any glass, cans or other trash, rubbish, debris or litter on land within 100 yards of any of the waters of the state, as defined in ORS 468B.005, other than in receptacles provided for the purpose of holding such trash, rubbish, debris or litter.

�� (2) It is unlawful for any person to discard any glass, cans or other similar refuse in any waters of the state, as defined in ORS 468B.005.

�� (3) In addition to or in lieu of the penalties provided for violation of any provision of this section, the court in which any individual is convicted of a violation of this section may order suspension of certain permits or licenses for a period not to exceed 90 days if the court finds that the violation occurred during or in connection with the exercise of the privilege granted by the permit or license. The permits and licenses to which this section applies are hunting licenses, fishing licenses or boat registrations.

�� (4)(a) Any person sentenced under subsection (6) of this section to pay a fine for violation of this section shall be permitted, in default of the payment of the fine, to work at clearing rubbish, trash and debris from the lands and waters described by subsections (1) and (2) of this section. Credit in compensation for such work shall be allowed at the rate of $25 for each day of work.

�� (b) In any case, upon conviction, if punishment by imprisonment is imposed upon the defendant, the form of the sentence shall include that the defendant shall be punished by confinement at labor clearing rubbish, trash and debris from the lands and waters described by subsections (1) and (2) of this section, for not less than one day nor more than five days.

�� (5) A citation conforming to the requirements of ORS 133.066 shall be used for all violations of subsection (1) or (2) of this section in the state.

�� (6) Violation of this section is a Class B misdemeanor.

�� (7) In addition to and not in lieu of the criminal penalty authorized by subsection (6) of this section, the civil penalty authorized by ORS 468.140 may be imposed for violation of this section.

�� (8) Nothing in this section or ORS 164.785 prohibits the operation of a disposal site, as defined in ORS 459.005, for which a permit is required by the Department of Environmental Quality, for which such a permit has been issued and which is being operated and maintained in accordance with the terms and conditions of such permit. [Formerly 449.107; 1999 c.1051 �132; 2018 c.76 �18]

�� 164.780 [1969 c.584 �5; repealed by 1971 c.743 �432]

�� 164.785 Placing offensive substances in waters, on highways or other property. (1)(a) It is unlawful for any person, including a person in the possession or control of any land, to discard any dead animal carcass or part thereof, excrement, putrid, nauseous, noisome, decaying, deleterious or offensive substance into or in any other manner befoul, pollute or impair the quality of any spring, river, brook, creek, branch, well, irrigation drainage ditch, irrigation ditch, cistern or pond of water.

�� (b)(A) In a prosecution under this subsection, it is a defense that:

�� (i) The dead animal carcass that is discarded is a fish carcass;

�� (ii) The person returned the fish carcass to the water from which the person caught the fish; and

�� (iii) The person retained proof of compliance with any provisions regarding angling prescribed by the State Fish and Wildlife Commission pursuant to ORS 496.162.

�� (B) As used in this paragraph, �fish carcass� means entrails, gills, head, skin, fins and backbone.

�� (2) It is unlawful for any person to place or cause to be placed any polluting substance listed in subsection (1) of this section into any road, street, alley, lane, railroad right of way, lot, field, meadow or common. It is unlawful for an owner thereof to knowingly permit any polluting substances to remain in any of the places described in this subsection to the injury of the health or to the annoyance of any citizen of this state. Every 24 hours after conviction for violation of this subsection during which the violator permits the polluting substances to remain is an additional offense against this subsection.

�� (3) Nothing in this section shall apply to the storage or spreading of manure or like substance for agricultural, silvicultural or horticultural purposes, except that no sewage sludge, septic tank or cesspool pumpings shall be used for these purposes unless treated and applied in a manner approved by the Department of Environmental Quality.

�� (4) Violation of this section is a Class A misdemeanor.

�� (5) The Department of Environmental Quality may impose the civil penalty authorized by ORS 468.140 for violation of this section. [Formerly 449.105; 1983 c.257 �1; 1987 c.325 �1; 2013 c.132 �1]

�� 164.805 Offensive littering. (1) A person commits the crime of offensive littering if the person creates an objectionable stench or degrades the beauty or appearance of property or detracts from the natural cleanliness or safety of property by intentionally:

�� (a) Discarding or depositing any rubbish, trash, garbage, debris or other refuse upon the land of another without permission of the owner, or upon any public way or in or upon any public transportation facility;

�� (b) Draining, or causing or permitting to be drained, sewage or the drainage from a cesspool, septic tank, recreational or camping vehicle waste holding tank or other contaminated source, upon the land of another without permission of the owner, or upon any public way; or

�� (c) Permitting any rubbish, trash, garbage, debris or other refuse to be thrown from a vehicle that the person is operating. This subsection does not apply to a person operating a vehicle transporting passengers for hire subject to regulation by the Department of Transportation or a person operating a school bus described under ORS 801.460.

�� (2) As used in this section:

�� (a) �Public transportation facility� has the meaning given that term in ORS 164.365.

�� (b) �Public way� includes, but is not limited to, roads, streets, alleys, lanes, trails, beaches, parks and all recreational facilities operated by the state, a county or a local municipality for use by the general public.

�� (3) Offensive littering is a Class C misdemeanor. [1971 c.743 �283; 1975 c.344 �2; 1983 c.338 �897; 1985 c.420 �20; 2007 c.71 �52; 2015 c.138 �2]

�� 164.810 [Repealed by 1971 c.743 �432]

UNLAWFUL TRANSPORT

�� 164.813 Unlawful cutting and transport of special forest products. (1) As used in this section:

�� (a) �Harvest� means to separate by cutting, digging, prying, picking, peeling, breaking, pulling, splitting or otherwise removing a special forest product from:

�� (A) Its physical connection or point of contact with the ground or vegetation upon which it was growing; or

�� (B) The place or position where it lay.

�� (b) �Special forest products� means:

�� (A) Plants, plant parts, fruit, fungi, parts of fungi, rocks or minerals that are identified in State Board of Forestry rules as special forest products;

�� (B) Firewood;

�� (C) Trees or parts of trees of a species identified in board rules as a forest tree species not normally used in commercial fores

ORS 18.993

18.993, a certificate holder, as defined in ORS 18.960, is solely liable for all assessments that come due during the redemption period.

�� (5) For purposes of ORS 94.550 to 94.783, when the redemption period described in ORS 18.964 ends and the claimant has not redeemed the lot, the certificate holder is deemed the owner of a lot sold by execution sale, without regard to whether the certificate holder has caused the sheriff to execute and deliver a deed under ORS 18.985. [1999 c.677 �32; 2003 c.569 �18; 2015 c.120 �5]

�� 94.715 [Repealed by 1971 c.478 �1]

�� 94.716 Lien against two or more lots; release. If a lien against two or more lots of the planned community becomes due, whether the lien is perfected before or after establishment of the planned community, the owner of an affected lot may pay the lienholder the portion of the lien attributable to the lot. Upon receipt of payment, the lienholder promptly shall deliver to the owner a release of the lien as to that lot. The amount of the payment shall be proportionate to the ratio which that owner�s common expense liability bears to the common expense liabilities of all owners whose lots are subject to the lien. After payment, the association may not assess or have a lien against that owner�s lot for any portion of the common expense liability representing the lien. This section applies to all liens except a mortgage. [1981 c.782 �45]

�� 94.719 Lien foreclosure; other legal action by declarant, association or owner; attorney fees. In any suit or action brought by a homeowners association to foreclose its lien or to collect delinquent assessments or in any suit or action brought by the declarant, the association or any owner or class of owners to enforce compliance with the terms and provisions of ORS 94.550 to 94.783 or the declaration or bylaws, including all amendments and supplements thereto or any rules or regulations adopted by the association, the prevailing party shall be entitled to recover reasonable attorney fees therein and in any appeal therefrom. [1999 c.677 �33; 2001 c.756 �23; 2007 c.409 �17]

�� 94.720 [Repealed by 1971 c.478 �1]

�� 94.723 Common expenses; liability of first mortgagee. If a first mortgagee acquires a lot in a planned community by foreclosure or deed in lieu of foreclosure, the mortgagee and subsequent purchaser shall not be liable for any of the common expenses chargeable to the lot which became due before the mortgagee or purchaser acquired title to the lot. The unpaid expenses shall become a common expense of all lot owners including the mortgagee or purchaser. [1981 c.782 �46; 1999 c.677 �27]

�� 94.725 [Repealed by 1971 c.478 �1]

�� 94.728 Taxation of lots and common property. (1) Each lot in a planned community constitutes for all purposes a separate parcel of real estate and shall be separately taxed and assessed.

�� (2) No separate tax or assessment may be levied against any common property which a declarant has reserved no right to develop into additional lots.

�� (3) The declarant alone is liable for payment of taxes or assessments on any portion of the common property of a planned community in which the declarant has reserved the right to develop the property into additional lots, until the right terminates or expires, or is exercised, abandoned or relinquished.

�� (4) If the right described under subsection (3) of this section terminates or expires or is abandoned or relinquished before July 1 of any year, no tax or assessment shall be imposed against the portion of the common property so affected for the next tax year beginning on July 1. [1981 c.782 �34]

�� 94.730 [Repealed by 1971 c.478 �1]

�� 94.733 Easements held by owner of lot and by declarant; homeowners association access to lots. (1) Subject to ORS 94.665, each owner of a lot has an easement through the common property:

�� (a) For access to the owner�s lot; and

�� (b) For use of the common property consistent with the declaration and the bylaws.

�� (2) Except as provided in the declaration, a declarant has an easement through the common property as may be necessary for discharging the declarant�s obligations or exercising any special declarant right.

�� (3) If an encroachment results from construction, reconstruction, repair, shifting, settlement or movement of any portion of the planned community, an easement for the encroachment exists to the extent that any lot or common property encroaches on any other lot or common property. An easement continues for maintaining the encroachment so long as the encroachment exists. Nothing in this section relieves an owner of liability in case of the owner�s willful misconduct or relieves a declarant or any other person of liability for failure to adhere to the plat of the planned community.

�� (4)(a) Upon request given to the owner and any occupant, any person authorized by a homeowners association may enter a lot:

�� (A) To perform necessary maintenance, repair or replacement of any property for which the association has maintenance, repair or replacement responsibility under the declaration or bylaws or ORS 94.550 to 94.783; or

�� (B) To make emergency repairs to a lot that are necessary for the public safety or to prevent damage to common property or to another lot.

�� (b) Requests for entry under this subsection must be made in advance and for a reasonable time, except in the case of an emergency, when the right of entry is immediate. An emergency entry does not constitute a trespass or otherwise create a right of action in the owner of the lot. [1981 c.782 �33; 2009 c.641 �16]

�� 94.740 [1981 c.782 �74; repealed by 1999 c.677 �72]

�� 94.745 [1981 c.782 �78; repealed by 1999 c.677 �72]

�� 94.750 [1981 c.782 �76; 1983 c.740 �8; repealed by 1999 c.677 �72]

�� 94.755 [1981 c.782 �82; repealed by 1999 c.677 �72]

(Miscellaneous)

�� 94.760 Promotional material showing possible improvements. If a declarant makes no commitment in the declaration to build an improvement or specifically states in the declaration that the declarant makes no commitment either to build or not to build the improvement, no person may display or deliver promotional material to prospective purchasers which describes or portrays the improvement unless the description or portrayal is conspicuously labeled �POSSIBLE Improvement.� [1981 c.782 �79]

�� 94.761 Legislative findings regarding electric vehicle charging stations. (1) The Legislative Assembly finds and declares that:

�� (a) The purpose of ORS 94.762 is to facilitate the installation of an electric vehicle charging station by an owner in a planned community for the owner�s personal residential use.

�� (b) Oregon courts have identified the following factors in determining whether personal property is a fixture:

�� (A) Whether the personal property is physically annexed to the real property;

�� (B) Whether the personal property is specifically adapted to the property; and

�� (C) Whether the person attaching the personal property objectively intended the personal property to become part of the real property when attached.

�� (c) Oregon courts have identified the objective intent of the annexer, described in paragraph (b)(C) of this subsection, as the most important of the three factors.

�� (2) Unless an owner and the homeowners association, or the declarant in lieu of the association, have negotiated a different outcome, an electric vehicle charging station installed under ORS 94.762 on or before June 4, 2015, is deemed to be the personal property of the owner of the lot with which the charging station is associated. [2015 c.249 �2]

�� 94.762 Electric vehicle charging stations. (1) Notwithstanding contrary provisions of a declaration or bylaws of a planned community:

�� (a) An owner may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the owner, in compliance with the requirements of this section, in a parking space, on a lot or in any other area subject to the exclusive use of the owner.

�� (b) A homeowners association may not prohibit installation or use of a charging station installed and used in compliance with the requirements of this section.

�� (2) When the owner complies or agrees to comply with the requirements of this section, a homeowners association, or a declarant in lieu of the association, shall approve a completed application within 60 days after the owner submits the application unless the delay in approving the application is based on a reasonable request for additional information.

�� (3) A homeowners association:

�� (a) May require an owner to submit an application before installing a charging station.

�� (b) May require the charging station to meet the architectural standards of the planned community.

�� (c) May impose reasonable charges to recover costs of the review and permitting of a charging station.

�� (d) May impose reasonable restrictions on the installation and use of the charging station that do not significantly increase the cost of the charging station or significantly decrease the efficiency or performance of the charging station.

�� (4) Notwithstanding ORS 479.540, the charging station must be installed by a person that holds a license, as defined in ORS 479.530, to act, at a minimum, as a journeyman electrician.

�� (5) The owner is responsible for:

�� (a) All costs associated with installation and use of the charging station, including:

�� (A) The cost of electricity associated with the charging station; and

�� (B) The cost of damage to common property and to areas subject to the exclusive use of other owners that results from the installation, use, maintenance, repair, removal or replacement of the charging station.

�� (b) Disclosure to a prospective buyer of the lot of the existence of the charging station and the related responsibilities of the owner under this section.

�� (6) If the homeowners association reasonably determines that the cumulative use of electricity in the planned community attributable to the installation and use of charging stations requires the installation of additional infrastructure improvements to provide the planned community a sufficient supply of electricity, the association may assess the cost of the additional improvements against the lot of each owner that has installed, or will install, a charging station.

�� (7) Unless the owner and the homeowners association, or the declarant in lieu of the association, negotiate a different outcome:

�� (a) A charging station installed under this section is deemed to be the personal property of the owner of the lot with which the charging station is associated; and

�� (b) The owner must remove the charging station and restore the premises to the condition before installation of the charging station before the owner may transfer ownership of the lot, unless the prospective buyer of the lot accepts ownership of the charging station and all rights and responsibilities that apply to the charging station under this section.

�� (8)(a) A pedestal, or similar, charging station that is hard-wired into the electrical system must be a certified electrical product, as defined in ORS 479.530.

�� (b) If a charging station, other than one described in paragraph (a) of this subsection, is not a certified electrical product, and the owner of the lot owns the charging station, the owner shall:

�� (A) Maintain a homeowner liability insurance policy in an amount not less than $1 million that includes coverage of the charging station; and

�� (B) Name the homeowners association as a named additional insured under the policy with a right to notice of cancellation of the policy.

�� (9) In any action between an owner and a homeowners association to enforce compliance with this section, the prevailing party is entitled to an award of attorney fees and costs. [2013 c.438 �3; 2015 c.249 �3]

�� 94.763 Association use of pesticides on lots; notice to owners; owner opt out. (1) As used in this section, �pesticide� has the meaning given that term in ORS 634.006.

�� (2) A homeowners association must provide, upon an owner�s request, notice to the owner of:

�� (a) The dates and times that the association plans to apply a pesticide to the owner�s property; and

�� (b) The means by which the owner may exclude the owner�s property from the application of the pesticide under subsection (3) of this section.

�� (3) An association may not require an owner to apply a pesticide and shall allow any owner to exclude the owner�s property from the landscaping activities of the association that include application of a pesticide, except to the extent a pesticide or other pest management practice is necessary to manage or prevent a pest issue that could harm ecological or public health.

�� (4) An owner�s exclusion from the application of a pesticide under subsection (3) of this section is an assumption of the landscaping responsibility by the owner, and the association may enforce against the responsible owner reasonable standards for landscaping that allow for consistent appearances within the community.

�� (5) A provision in a governing document inconsistent with this section is against the policy of this state to support public health, safety and welfare and is void and unenforceable. [2021 c.64 �2]

�� 94.764 Changes or actions that require approval or consent of mortgagee. (1) Notwithstanding a contrary provision of a declaration or bylaws of a homeowners association, when a change to the declaration, bylaws or other governing document or another action to be taken by the board of directors, association or owners requires approval or consent of a mortgagee, if the mortgagee receives a request to approve or consent to the change or action, the mortgagee is deemed to have approved or consented to the request unless the mortgagee delivers or posts a negative response to the requesting party within 60 days after receipt of the request.

�� (2) The request must:

�� (a) Be in writing.

�� (b) Name the mortgagor.

�� (c) Identify the property securing the mortgage by legal description as required for recordation in ORS 93.600 or by address.

�� (d) Identify the mortgage by loan number or reference to the county recording office and date of recording and recording index numbers of the mortgage.

�� (e) Be delivered to the mortgagee by certified or registered mail, return receipt requested. [2011 c.532 �6]

�� 94.765 [1981 c.782 �81; repealed by 1999 c.677 �72]

�� 94.770 Application of rule against perpetuities; conflict between declaration and bylaws; effect on title of declaration�s noncompliance with Oregon Planned Community Act; conflict between Oregon Planned Community Act and ORS chapter 65. (1) The rule against perpetuities may not be applied to defeat any provision of the declaration, or any bylaws or rules adopted under ORS 94.630.

�� (2) In the event of a conflict between the declaration and the bylaws of a planned community or between the declaration and the articles of incorporation, the declaration shall prevail except to the extent the declaration is inconsistent with ORS

ORS 182.462

182.462 (1)(e), the board shall deposit moneys received as fees or civil penalties into the account created by the board pursuant to ORS 182.470. [2005 c.609 �6; 2011 c.110 �5]

�� 671.660 Renewal of licenses; effect of lapse; penalty fees. (1) The fee for renewal of a license issued under ORS 671.510 to 671.760 shall be paid annually on or before the last day of the month of the anniversary of issuance.

�� (2) The State Landscape Contractors Board may not issue a new license to a person who has been previously licensed under ORS 671.510 to 671.760 and whose license has expired, unless the person makes written application on a form approved by the board and pays the required annual fee. The board may require the person to also pay a penalty fee.

�� (3) If a license lapses for two years or more, the person must reapply as for initial issuance of the license.

�� (4) When a landscape contracting business renews its license, the business must submit the names of all employees who are licensed landscape construction professionals.

�� (5) When a person renews a landscape construction professional license, the person must:

�� (a) Submit the name of the employer if the person is currently performing landscaping work; and

�� (b) Demonstrate that the person has complied with the continuing education requirement adopted by the board. [1971 c.764 �18; 1973 c.832 �35; 1977 c.873 �5; 1983 c.452 �14; 2001 c.409 �8; 2007 c.550 ��3,6]

�� 671.670 Rulemaking authority. In accordance with any applicable provision of ORS chapter 183, the State Landscape Contractors Board may adopt rules the board considers reasonable for the administration and enforcement of ORS 671.510 to 671.760 and 671.997. [1971 c.764 �19; 1981 c.536 �26; 2005 c.609 �17]

�� 671.675 [1987 c.461 �7; repealed by 1995 c.645 �6]

�� 671.676 Continuing education; rules. (1) The State Landscape Contractors Board shall adopt rules establishing continuing education requirements for landscape construction professionals. A continuing education requirement adopted by the board must equal or exceed:

�� (a) Sixteen hours of continuing education during a two-year period for a landscape construction professional who has six years or less of experience as an active licensee on the beginning date of the period; or

�� (b) Eight hours of continuing education during a two-year period for a landscape construction professional who has more than six years of experience as an active licensee on the beginning date of the period.

�� (2) The board may approve programs for purposes of continuing education for landscape construction professionals and determine the number of hours to be credited to the programs. The board shall ensure that continuing education opportunities for landscape construction professionals are readily available.

�� (3) Programs approved by the board for continuing education purposes must be designed to directly contribute to the professional competency of landscape construction professionals. Approved programs may include, but need not be limited to:

�� (a) Professional development programs and technical meetings of professional associations for landscape contracting businesses or for related industries such as pesticide application or irrigation auditing;

�� (b) University or college courses related to landscaping or horticulture;

�� (c) Professional staff training programs by associations of landscape construction professionals; and

�� (d) Online or other forms of educational programs.

�� (4) The board may adopt rules establishing grounds for obtaining a waiver of the continuing education requirements for landscape construction professionals. The board may not allow a waiver for consecutive two-year periods except for a waiver due to military service, retirement, disability, absence from the state, inactive status or extreme hardship. [2007 c.550 �2; 2007 c.550 �5; 2015 c.672 �12]

�� 671.680 [1971 c.764 �21; repealed by 1975 c.757 �8]

�� 671.681 Advisory and technical committees. (1) To aid and advise the State Landscape Contractors Board in the performance of the functions of the board, the board administrator may establish such advisory and technical committees as the administrator considers necessary. These committees may be continuing or temporary. The administrator shall determine the representation, membership, terms and organization of the committees and shall appoint their members. The administrator is an ex officio member of each committee.

�� (2) Members of the committees are not entitled to compensation, but the board may fix and pay to the committee members from the funds available to the board per diem and actual and necessary travel and other expenses incurred by the committee members in the performance of their official duties. [2007 c.399 �1]

�� Note: 671.681 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 671 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Claims)

�� 671.690 Surety bond, letter of credit or other security. (1) An applicant for a license as a landscape contracting business or a licensed landscape contracting business shall file with the State Landscape Contractors Board a surety bond with one or more corporate sureties authorized to do business in this state, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The amount of the bond or letter of credit must be $20,000.

�� (2) The bond or letter of credit must be conditioned that the applicant or licensed landscape contracting business pays:

�� (a) All taxes and contributions due to the State of Oregon;

�� (b) All persons furnishing labor or material, or renting or supplying equipment to the applicant or licensed landscape contracting business;

�� (c) All amounts that may be adjudged against the applicant or licensed landscape contracting business by reason of negligent or improper work or breach of contract in performing any work subject to ORS 671.510 to 671.760; and

�� (d) All amounts from the bond, letter of credit or deposit the board orders paid under ORS

ORS 183.435

183.435]

�� 670.290 Prohibited uses of juvenile records in employment, licensing or admission. It shall be unlawful for any state agency or licensing board, including the Oregon State Bar, to:

�� (1) Require that an applicant for employment, licensing or admission answer any questions regarding the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271;

�� (2) Bar or discharge from employment or refuse to hire or employ such individual because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271; or

�� (3) Deny, revoke or suspend a license because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271. [1977 c.801 �2; 1983 c.820 �16; 1993 c.33 �360; 2021 c.585 �11]

�� 670.300 Licensing and advisory board officers; quorum and meeting requirements; compensation and expenses of members. (1) Except as otherwise provided by law, each professional licensing and advisory board shall select annually one of its members as chairperson and another as vice chairperson, with such powers and duties necessary for the performance of the functions of such offices as the board shall determine.

�� (2) The majority of the members of the board constitutes a quorum for the transaction of business.

�� (3) The board shall meet at least once a year, not later than July 1, at a place, day and hour determined by the board. The board shall also meet at such other times and places as are specified by the call of the chairperson or a majority of the members of the board.

�� (4) Members of the board are entitled to compensation and expenses as provided in ORS 292.495. [1971 c.753 �8; 1987 c.414 �95]

�� 670.304 Application of ORS 670.300 to 670.380. Except as otherwise specifically provided, ORS 670.300 to 670.380 apply to the following professional licensing and advisory boards:

�� (1) Professional licensing and advisory boards established in the Office of the Secretary of State.

�� (2) The Oregon Board of Maritime Pilots.

�� (3) The Board of Cosmetology, in the Health Licensing Office.

�� (4) The State Board of Architect Examiners.

�� (5) The State Landscape Contractors Board.

�� (6) The State Board of Examiners for Engineering and Land Surveying.

�� (7) The State Landscape Architect Board.

�� (8) The State Board of Geologist Examiners.

�� (9) The State Board of Tax Practitioners.

�� (10) The Construction Contractors Board. [1987 c.414 �94; 1991 c.67 �176; 1993 c.744 �241; 1997 c.3 �2; 1997 c.21 �1; 1999 c.425 �28; 1999 c.885 �19; 2001 c.160 �1; 2005 c.648 �49; 2007 c.71 �219; 2007 c.768 �66; 2013 c.568 �10; 2015 c.451 �22]

�� 670.305 [1971 c.753 �9; repealed by 1973 c.659 �1 (670.306 enacted in lieu of 670.305)]

�� 670.306 Administrative officers for boards; other employees. (1) Subsections (2) and (3) of this section shall apply only to the following professional licensing boards:

�� (a) State Board of Architect Examiners.

�� (b) Construction Contractors Board.

�� (c) State Board of Examiners for Engineering and Land Surveying.

�� (d) State Landscape Architect Board.

�� (e) State Landscape Contractors Board.

�� (f) State Board of Tax Practitioners.

�� (2) A board shall fix the qualifications of and appoint an administrative officer. The determination of qualifications and appointment of an administrative officer shall be made after consultation with the Governor.

�� (3) An administrative officer of a board shall not be a member of that board.

�� (4) Subject to the applicable rules of the State Personnel Relations Law, the board shall fix the compensation of its administrator, who shall be in the unclassified service.

�� (5) Subject to applicable rules of the State Personnel Relations Law, the administrative officer shall appoint all subordinate employees, prescribe their duties and fix their compensation. [1973 c.659 �2 (enacted in lieu of 670.305); 1975 c.429 �7; 1975 c.464 �1; 1981 c.821 �2; 1987 c.414 �96; 1993 c.744 �242; 1995 c.79 �338; 1997 c.3 �3; 1997 c.21 �2; 1999 c.59 �199; 1999 c.322 �41; 2007 c.768 �67; 2015 c.451 �23]

�� 670.310 Rulemaking authority; board seal. (1) Except as otherwise provided by law and in accordance with any applicable provisions of ORS chapter 183, each professional licensing board and advisory board may make such rules as are necessary or proper for the administration of the laws such board is charged with administering.

�� (2) Each professional licensing board and advisory board may adopt a seal. [1971 c.753 �10; 1987 c.414 �97]

�� 670.315 Administration of oaths; obtaining and taking evidence at board proceedings; effect of failure to obey board subpoena. (1) Except as otherwise provided by law, each professional licensing board or advisory board, acting through its chairperson or vice chairperson or an administrative law judge, may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, records, memoranda or other information necessary to the carrying out of the laws the board is charged with administering.

�� (2) If any person fails to comply with a subpoena issued under this section or refuses to testify on any matters on which the person may be lawfully interrogated, the procedure provided in ORS 183.440 shall be followed to compel obedience. [1971 c.753 �11; 1987 c.414 �98; 2003 c.75 �107]

�� 670.320 [1971 c.753 �12; repealed by 1987 c.414 �172]

�� 670.325 Proceedings on denial of license; restraining violations; authority of administrative law judge; record of proceedings. (1) All proceedings for the refusal to issue, or the suspension or revocation of any license, certificate of registration or other evidence of authority required to practice any profession subject to the authority of a professional licensing or advisory board shall be conducted pursuant to the procedure for contested cases required or authorized by ORS chapter 183.

�� (2) If a professional licensing or advisory board decides that any person has or is about to engage in any activity that is or will be a violation of law the board is charged with enforcing, the board may institute a proceeding in an appropriate circuit court to restrain the activity or proposed activity. An injunction may be issued without proof of actual damages, but does not relieve the defendant of any criminal liability.

�� (3) Any administrative law judge conducting a hearing for a professional licensing board is vested with full authority of the board to schedule and conduct hearings on behalf and in the name of the board on all matters referred to the administrative law judge for hearing by the board, including proceedings for placing persons registered or licensed by the board on probation and for suspension and revocation of registration or licenses, and shall cause to be prepared and furnished to the board, for decision thereon by the board, a complete written transcript of the record of the hearing. The transcript shall contain all evidence introduced at the hearing and all pleas, motions and objections and all rulings of the administrative law judge. Each administrative law judge may administer oaths and issue summonses, notices and subpoenas, but may not place any registrant or licensee on probation or issue, refuse, suspend or revoke a registration or license. [1971 c.753 �13; 1987 c.414 �99; 1999 c.849 �155; 2003 c.75 �108]

�� 670.330 [1971 c.753 �14; renumbered

ORS 183.440

183.440, requiring the appearance of the witness before such officer.

�� (2) An agency may, by rule, prescribe other methods of discovery which may be used in proceedings before the agency. [1971 c.734 �14; 1975 c.759 �11; 1979 c.593 �19; 1997 c.837 �6]

�� 183.430 Hearing on refusal to renew license; exceptions. (1) In the case of any license which must be periodically renewed, where the licensee has made timely application for renewal in accordance with the rules of the agency, such license shall not be deemed to expire, despite any stated expiration date thereon, until the agency concerned has issued a formal order of grant or denial of such renewal. In case an agency proposes to refuse to renew such license, upon demand of the licensee, the agency must grant hearing as provided by this chapter before issuance of order of refusal to renew. This subsection does not apply to any emergency or temporary permit or license.

�� (2) In any case where the agency finds a serious danger to the public health or safety and sets forth specific reasons for such findings, the agency may suspend or refuse to renew a license without hearing, but if the licensee demands a hearing within 90 days after the date of notice to the licensee of such suspension or refusal to renew, then a hearing must be granted to the licensee as soon as practicable after such demand, and the agency shall issue an order pursuant to such hearing as required by this chapter confirming, altering or revoking its earlier order. Such a hearing need not be held where the order of suspension or refusal to renew is accompanied by or is pursuant to, a citation for violation which is subject to judicial determination in any court of this state, and the order by its terms will terminate in case of final judgment in favor of the licensee. [1957 c.717 �8 (3), (4); 1965 c.212 �1; 1971 c.734 �11]

�� 183.435 Period allowed to request hearing for license refusal on grounds other than test or inspection results. When an agency refuses to issue a license required to pursue any commercial activity, trade, occupation or profession if the refusal is based on grounds other than the results of a test or inspection that agency shall grant the person requesting the license 60 days from notification of the refusal to request a hearing. [Formerly 670.285]

�� 183.440 Subpoenas in contested cases. (1) An agency may issue subpoenas on its own motion in a contested case. In addition, an agency or hearing officer in a contested case may issue subpoenas upon the request of a party to a contested case upon a showing of general relevance and reasonable scope of the evidence sought. A party entitled to have witnesses on behalf of the party may have subpoenas issued by an attorney of record of the party, subscribed by the signature of the attorney. Witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the agency, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (2).

�� (2) If any person fails to comply with any subpoena so issued or any party or witness refuses to testify on any matters on which the party or witness may be lawfully interrogated, the judge of the circuit court of any county, on the application of the hearing officer, the agency or the party requesting the issuance of or issuing the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [1957 c.717 �8 (2); 1971 c.734 �12; 1979 c.593 �20; 1981 c.174 �4; 1989 c.980 �10a; 1997 c.837 �3; 1999 c.849 �30]

�� 183.445 Subpoena by agency or attorney of record of party when agency not subject to ORS 183.440. (1) In any proceeding before an agency not subject to ORS 183.440 in which a party is entitled to have subpoenas issued for the appearance of witnesses on behalf of the party, a subpoena may be issued by an attorney of record of the party, subscribed by the signature of the attorney. A subpoena issued by an attorney of record may be enforced in the same manner as a subpoena issued by the agency.

�� (2) In any proceeding before an agency not subject to ORS 183.440 in which a party is entitled to have subpoenas issued by the agency to compel the appearance of witnesses on behalf of the party, the agency may issue subpoenas on its own motion. [1981 c.174 �6; 1997 c.837 �4; 1999 c.849 �32]

�� 183.450 Evidence in contested cases. In contested cases:

�� (1) Irrelevant, immaterial or unduly repetitious evidence shall be excluded but erroneous rulings on evidence shall not preclude agency action on the record unless shown to have substantially prejudiced the rights of a party. All other evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs shall be admissible. Agencies and hearing officers shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Any part of the evidence may be received in written form.

�� (2) All evidence shall be offered and made a part of the record in the case, and except for matters stipulated to and except as provided in subsection (4) of this section no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. The burden of presenting evidence to support a fact or position in a contested case rests on the proponent of the fact or position.

�� (3) Every party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence. Persons appearing in a limited party status shall participate in the manner and to the extent prescribed by rule of the agency.

�� (4) The hearing officer and agency may take notice of judicially cognizable facts, and may take official notice of general, technical or scientific facts within the specialized knowledge of the hearing officer or agency. Parties shall be notified at any time during the proceeding but in any event prior to the final decision of material officially noticed and they shall be afforded an opportunity to contest the facts so noticed. The hearing officer and agency may utilize the hearing officer�s or agency�s experience, technical competence and specialized knowledge in the evaluation of the evidence presented.

�� (5) No sanction shall be imposed or order be issued except upon consideration of the whole record or such portions thereof as may be cited by any party, and as supported by, and in accordance with, reliable, probative and substantial evidence. [1957 c.717 �9; 1971 c.734 �15; 1975 c.759 �12; 1977 c.798 �3; 1979 c.593 �21; 1987 c.833 �1; 1995 c.272 �5; 1997 c.391 �1; 1997 c.801 �76; 1999 c.448 �5; 1999 c.849 �34]

�� 183.452 Representation of agencies at contested case hearings. (1) Agencies may, at their discretion, be represented at contested case hearings by the Attorney General.

�� (2) Notwithstanding ORS 9.160 and 9.320 and ORS chapter 180, and unless otherwise authorized by another law, an agency may be represented at contested case hearings by an officer or employee of the agency if:

�� (a) The Attorney General has consented to the representation of the agency by an agency representative in the particular hearing or in the class of hearings that includes the particular hearing; and

�� (b) The agency, by rule, has authorized an agency representative to appear on its behalf in the particular type of hearing being conducted.

�� (3) An agency representative acting under the provisions of this section may not give legal advice to an agency, and may not present legal argument in contested case hearings, except to the extent authorized by subsection (4) of this section.

�� (4) The officer presiding at a contested case hearing in which an agency representative appears under the provisions of this section may allow the agency representative to present evidence, examine and cross-examine witnesses, and make arguments relating to the:

�� (a) Application of statutes and rules to the facts in the contested case;

�� (b) Actions taken by the agency in the past in similar situations;

�� (c) Literal meaning of the statutes or rules at issue in the contested case;

�� (d) Admissibility of evidence; and

�� (e) Proper procedures to be used in the contested case hearing.

�� (5) Upon judicial review, no limitation imposed under this section on an agency representative is the basis for reversal or remand of agency action unless the limitation resulted in substantial prejudice to a party.

�� (6) The Attorney General may prepare model rules for agency representatives authorized under this section. [1999 c.448 �3]

�� Note: 183.452 was added to and made a part of 183.413 to 183.470 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

�� 183.453 Representation of Oregon Health Authority and Department of Human Services at contested case hearings. The Oregon Health Authority and the Department of Human Services may be represented at contested case hearings by an officer or employee of either the authority or the department, subject to the requirements of ORS 183.452. [2013 c.14 �1]

�� Note: 183.453 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 183 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 183.455 [1987 c.259 �3; repealed by 1999 c.448 �10]

�� 183.457 Representation of persons other than agencies participating in contested case hearings. (1) Notwithstanding ORS 8.690, 9.160 and 9.320, and unless otherwise authorized by another law, a person participating in a contested case hearing conducted by an agency described in this subsection may be represented by an attorney or by an authorized representative subject to the provisions of subsection (2) of this section. The Attorney General shall prepare model rules for proceedings with lay representation that do not have the effect of precluding lay representation. No rule adopted by a state agency shall have the effect of precluding lay representation. The agencies before which an authorized representative may appear are:

�� (a) The State Landscape Contractors Board in the administration of the Landscape Contractors Law.

�� (b) The State Department of Energy and the Energy Facility Siting Council.

�� (c) The Environmental Quality Commission and the Department of Environmental Quality.

�� (d) The Department of Consumer and Business Services for proceedings in which an insured appears pursuant to ORS 737.505.

�� (e) The Department of Consumer and Business Services and any other agency for the purpose of proceedings to enforce the state building code, as defined by ORS

ORS 190.112

190.112, 190.420, 190.485 or 660.334. The department shall include in the index the information provided by state agencies under ORS 190.115.

�� (2) The department shall require state agencies to update information in the index through a secure website that is protected with a password.

�� (3) The department shall make the information in the index accessible to the public through a searchable public website on the Internet. [1999 c.948 �2; 2003 c.6 �3; 2003 c.149 �3]

�� Note: See note under 190.115.

�� 190.120 [1955 c.164 �1; 1959 c.662 �3; 1961 c.108 �8; renumbered 297.910]

(Water)

�� 190.125 Agreements to deliver water; joint board of control. (1) A unit of local government established to deliver water may enter into a written agreement with any other such unit or units of local government for the performance of specified activities by a joint board of control composed of the district managers of the parties to the agreement. A joint board of control, at the direction of the parties to the agreement, may perform any or all functions and activities under the agreement that a party to the agreement, or its officers or agencies, has authority to perform.

�� (2) A joint board of control created under this section may undertake cooperative activities, such as:

�� (a) Sharing personnel;

�� (b) Entering into joint contracts for operations;

�� (c) Sharing use of equipment, facilities and fiscal resources;

�� (d) Preparing basin and subbasin conservation plans and other planning functions; and

�� (e) Any other cooperative activity authorized by the parties to the agreement.

�� (3) An agreement under this section shall specify the functions or activities to be performed by the joint board of control and by what means they shall be performed. The agreement shall provide that the elected boards of the parties to the agreement must approve the operating policy of the joint board of control. The agreement shall also provide that the joint board of control act on behalf of the parties to the agreement and under their policy guidance.

�� (4) As used in this section, �unit of local government established to deliver water� means an irrigation district organized under ORS chapter 545, a drainage district organized under ORS chapter 547, a diking district organized under ORS chapter 551, a water improvement district organized under ORS chapter 552, a water control district organized under ORS chapter 553 or a nonprofit corporation for irrigation, drainage, water supply or flood control organized under ORS chapter 554. [1997 c.215 �2]

�� 190.130 Effect of ORS 190.125. The authority granted by ORS 190.125 is in addition to any other authority and powers possessed by units of local government established to deliver water and does not increase or expand the authority or the powers of such units of local government relating to water rights or water use under other state laws. [1997 c.215 �3]

�� 190.150 Agreements under federal Watershed Protection and Flood Prevention Act. (1) Districts that may enter into agreements with the United States, or any agency or instrumentality thereof, under the Watershed Protection and Flood Prevention Act, as amended (16 U.S.C. 1002), are:

�� (a) People�s utility districts organized under ORS chapter 261.

�� (b) Domestic water supply corporations organized under ORS chapter 264.

�� (c) Irrigation districts organized under ORS chapter 545 and ORS 548.005 to 548.120 and

ORS 196.919

196.919], 10 and 12 of this 2019 Act and the amendments to ORS 196.816 by section 9 of this 2019 Act, including methods of implementation, compliance information and outcomes;

�� (b) Provide a discussion of the biennial adaptive management review required under section 8 (3) of this 2019 Act [196.919 (3)];

�� (c) Include information on the number of notices required under section 4 of this 2019 Act [196.911] on file with the Department of Agriculture, the linear miles of traditionally maintained channel in this state being maintained and the amount of cubic yards of material being removed pursuant to sections 2 to 8 of this 2019 Act;

�� (d) Provide a discussion of the potential impacts and benefits to agricultural lands and ecological function by maintenance conducted pursuant to sections 2 to 8 of this 2019 Act;

�� (e) Provide a discussion of opportunities to provide incentives to landowners to improve or enhance the ecological functions of channels maintained under sections 2 to 8 of this 2019 Act, including incentives provided to landowners during the period covered by the report; and

�� (f) Include any other relevant information on the implementation and effectiveness of sections 2 to 8 of this 2019 Act.

�� (3) The report may include recommendations for legislation.

�� (4) The report shall be submitted to the interim committees of the Legislative Assembly related to agriculture in the manner provided under ORS 192.245 no later than December 15 of each odd-numbered year. [2019 c.699 �14]

�� Sec. 15. Sunset. Section 14 of this 2019 Act is repealed on January 2, 2030. [2019 c.699 �15]

(Applicability; Rules)

�� 196.921 Applicability; rules. (1) Nothing in ORS 196.600 to 196.921 applies to filling the beds of the waters of this state for the purpose of constructing, operating and maintaining dams or other diversions for which permits or certificates have been or shall be issued under ORS chapter 537 or 539 and for which preliminary permits or licenses have been or shall be issued under ORS 543.010 to 543.610.

�� (2) Nothing in ORS 196.600 to 196.921 applies to removal of materials from the beds or banks or filling of the waters of a nonnavigable natural waterway, or any portion thereof, in this state, if:

�� (a) Such waterway or portion is situated within forestland; and

�� (b) Such removal or filling is directly connected with a forest management practice conducted in accordance with ORS 527.610 to 527.770, 527.990 and 527.992.

�� (3) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, on converted wetlands for normal farming and ranching activities such as plowing, grazing, seeding, planting, cultivating, conventional crop rotation or harvesting.

�� (4) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, on lands zoned for exclusive farm use as described in ORS 215.203 for the following activities:

�� (a) Drainage or maintenance of farm or stock ponds; or

�� (b) Maintenance of farm roads in such a manner as to not significantly adversely affect wetlands or any other waters of this state.

�� (5) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for subsurface drainage by deep ripping, tiling or moling on converted wetlands that are zoned for exclusive farm use pursuant to ORS 215.203.

�� (6) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for any activity defined as a farm use in ORS 215.203, on lands zoned for exclusive farm use pursuant to ORS 215.203, if the lands are converted wetlands that are also certified as prior converted cropland by the Natural Resources Conservation Service of the United States Department of Agriculture, or its successor agency, so long as commercial agricultural production on the land has not been abandoned for five or more years.

�� (7) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for the reestablishment of crops under federal conservation reserve program provisions set forth in 16 U.S.C. 3831 as in effect on January 1, 2010.

�� (8) The exemptions in subsections (3) to (7) of this section do not apply to any fill or removal that involves changing an area of wetlands to a nonfarm use.

�� (9) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for the maintenance or reconstruction of structures such as dikes, dams, levees, groins, riprap, tidegates, drainage ditches, irrigation ditches and tile drain systems, provided that:

�� (a) The structure was serviceable within the past five years; and

�� (b) Such maintenance or reconstruction would not significantly adversely affect wetlands or other waters of this state to a greater extent than the wetlands or waters of this state were affected as a result of the original construction of those structures.

�� (10) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable roads or transportation structures such as groins and riprap protecting roads, causeways and bridge abutments or approaches.

�� (11) Nothing in ORS 196.600 to 196.921 applies to removal or filling, or both, within the beds or banks of any waters of this state conducted as part of a surface mining operation, that is the subject of a memorandum of agreement between the Department of State Lands and the State Department of Geology and Mineral Industries in which the State Department of Geology and Mineral Industries is assigned sole responsibility for permitting as described in ORS 517.797.

�� (12) The Department of State Lands may adopt a rule that exempts from the requirement to obtain a permit under ORS 196.800 to 196.900 voluntary habitat restoration projects that have only minimal adverse impact on waters of this state.

�� (13) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for a change in the point of diversion to withdraw surface water for beneficial use if the change in the point of diversion is necessitated by a change in the location of the surface water and authorized by the Water Resources Department.

�� (14) Unless otherwise provided in a proposed order or in a final order issued in a contested case, nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, originally intended or subsequently used for the establishment, repair, restoration, resumption or replacement of the following uses, if the use was established on or before January 1, 2017, on lands zoned for exclusive farm use, forest use or mixed farm and forest use:

�� (a) A dwelling:

�� (A) Described in ORS 215.213 (1) or (3) or 215.283 (1);

�� (B) Established subject to county approval under ORS 215.402 to 215.438; or

�� (C) Lawfully established on or before December 31, 1973;

�� (b) An agricultural building as defined in ORS 455.315; or

�� (c) Activities that:

�� (A) Are associated with a dwelling or agricultural building described in this subsection;

�� (B) Have received county approval, if necessary, under ORS 215.402 to 215.438; and

�� (C) Are located on the same lot or parcel as the dwelling or agricultural building.

�� (15) Nothing in ORS 196.800 to 196.921 applies to removal or filling, or both, as part of a voluntary project for stream restoration and habitat improvement authorized by the State Department of Fish and Wildlife under ORS 496.266.

�� (16) As used in this section:

�� (a) �Converted wetlands� means agriculturally managed wetlands that, on or before June 30, 1989, were brought into commercial agricultural production by diking, draining, leveling, filling or any similar hydrologic manipulation and by removal or manipulation of natural vegetation, and that are managed for commercial agricultural purposes.

�� (b) �Converted wetlands� does not include any stream, slough, ditched creek, spring, lake or any other waters of this state that are located within or adjacent to a converted wetland area.

�� (c) �Replacement� means the construction of a new structure that is substantially similar in size, sited in a substantially similar location and constructed in place of a previously existing structure. [Formerly 196.905; 2021 c.63 �4]

�� Note: Operation of the amendments to

ORS 196.921

196.921 is required for any fill or removal of material in or from the waters of this state when:

�� (a) The fill or removal is a part of an activity whose purpose is to bring an area of state waters into a use to which it was not previously subject; and

�� (b)(A) The flow or circulation of the waters of this state may be impaired; or

�� (B) The reach of the waters may be reduced.

�� (a) Such waterway or portion is situated within forestland; and

�� (b) Such removal or filling is directly connected with a forest management practice conducted in accordance with ORS 527.610 to 527.770, 527.990 and 527.992.

�� (4) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, on lands zoned for exclusive farm use as described in ORS 215.203 for the following activities:

�� (a) Drainage or maintenance of farm or stock ponds; or

�� (b) Maintenance of farm roads, provided that:

�� (A) The farm roads are constructed and maintained in accordance with construction practices designed to minimize any adverse effects to the aquatic environment;

�� (B) Borrow material for farm road maintenance does not come from waters of this state unless authorized by the Department of State Lands; and

�� (C) Maintenance activities are confined to the scope of construction for the original project.

�� (5) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for any activity defined as a farm use in ORS 215.203, on lands zoned for exclusive farm use pursuant to ORS 215.203, if the lands are converted wetlands that are also certified as prior converted cropland by the Natural Resources Conservation Service of the United States Department of Agriculture, or its successor agency, so long as commercial agricultural production on the land has not been abandoned for five or more years.

�� (6) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for the reestablishment of crops under federal conservation reserve program provisions set forth in 16 U.S.C. 3831 as in effect on January 1, 2010.

�� (7) The exemptions in subsections (3) to (6) of this section do not apply to any fill or removal that involves changing an area of wetlands or converted wetlands to a nonfarm use.

�� (8) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for the maintenance or reconstruction of structures such as dikes, dams, levees, groins, riprap, tidegates, drainage ditches, irrigation ditches and tile drain systems, provided that:

�� (a) The structure was serviceable within the past five years; and

�� (9) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for temporary dams constructed for crop or pasture irrigation purposes that are less than 50 cubic yards, provided the following conditions are satisfied:

�� (a) The removal or filling is conducted during periods that minimize adverse effects to fish and wildlife in accordance with guidance provided by the State Department of Fish and Wildlife;

�� (b) The removal or filling does not jeopardize a threatened or endangered species or adversely modify or destroy the habitat of a threatened or endangered species listed under federal or state law; and

�� (c) Temporary fills are removed in their entirety and the area is restored to its approximate original elevation.

�� (11) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for the maintenance of access roads constructed to move mining equipment, subject to the following conditions:

�� (a) The access roads are constructed and maintained in accordance with construction practices that minimize adverse effects to the aquatic environment;

�� (b) Borrow material for access road maintenance does not come from waters of this state unless authorized by the Department of State Lands; and

�� (c) Maintenance activities are confined to the scope of construction for the original project.

�� (12) Nothing in ORS 196.600 to 196.921 applies to removal or filling, or both, within the beds or banks of any waters of this state conducted as part of a surface mining operation that is the subject of a memorandum of agreement between the Department of State Lands and the State Department of Geology and Mineral Industries in which the State Department of Geology and Mineral Industries is assigned sole responsibility for permitting as described in ORS 517.797.

�� (13) The department may adopt a rule that exempts from the requirement to obtain a permit under ORS

ORS 197.469

197.469 (11)(b);

�� (c) Utilize native plant stock that is grown from native seed banks or native seed recovery and planting efforts; and

�� (d) Utilize climate-adaptive plant stock that is regionally native, drought and disease tolerant and noninvasive.

�� (10) To the maximum extent possible, community green infrastructure projects and green infrastructure economic development projects that occur on school campuses shall incorporate a curriculum or demonstration component to connect students to the project and provide education about:

�� (a) Green infrastructure;

�� (b) Careers in green infrastructure; and

�� (c) Cultural practices to educate, and conserve and manage resources for, future generations. [2023 c.442 �24]

�� Note: See note under 197.468.

�� 197.471 Community Green Infrastructure Fund. (1) The Community Green Infrastructure Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Community Green Infrastructure Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Land Conservation and Development for the purpose of carrying out ORS 197.470, subject to the allocations described in subsection (2) of this section.

�� (2) Of the moneys in the fund:

�� (a) 30 percent shall be allocated for grants to be awarded for planning or developing green infrastructure economic development projects;

�� (b) 40 percent shall be allocated for grants to be awarded for entities or projects located in green infrastructure improvement zones; and

�� (c) 30 percent shall be allocated for grants to be awarded to entities or projects in tribal, rural, remote or coastal communities. [2023 c.442 �25]

�� Note: See note under 197.468.

�� 197.472 Advisory committee; reports. (1) The Department of Land Conservation and Development may appoint an Advisory Committee on Community Green Infrastructure Investment to provide consultation on the implementation of ORS 197.470. A committee appointed under this section shall consist of at least one representative of each of the following interests:

�� (a) City governments;

�� (b) County governments;

�� (c) Special districts, irrigation districts or transportation districts;

�� (d) School districts;

�� (e) Environmental justice communities;

�� (f) The Oregon nursery industry;

�� (g) Educational institutes that train professionals in horticulture, urban forestry or other green infrastructure professions;

�� (h) State or local parks and recreation agencies;

�� (i) Individuals with expertise in designing, constructing and maintaining green infrastructure;

�� (j) Individuals with expertise in the public or community health benefits of green infrastructure;

�� (k) Individuals with expertise in green workforce development or social enterprise models; and

�� (L) Individuals with expertise in green infrastructure projects in tribal, rural, remote or coastal communities.

�� (2)(a) The department shall invite each of the federally recognized Indian tribes in Oregon to participate in the advisory committee.

�� (b) Invitation to participate in the advisory committee is not in lieu of other forms of tribal consultation, outreach or engagement that the department may engage in as necessary to fulfill the purposes of ORS 197.468 to 197.472.

�� (3) No later than September 15 of each even-numbered year, the advisory committee shall submit a report on the implementation of the Community Green Infrastructure Grant Program to the appropriate interim committees of the Legislative Assembly, in the manner provided by ORS 192.245. [2023 c.442 �26]

�� Note: See note under 197.468.

�� 197.475 [1987 c.785 �3; 1989 c.648 �53; renumbered 197A.431 in 2025]

�� 197.478 [Formerly 197.314; 2025 c.38 �2; renumbered 197A.432 in 2025]

�� 197.480 [1987 c.785 �4; 1989 c.648 �54; 2023 c.13 �84; 2024 c.102 �33; renumbered 197A.436 in 2025]

�� 197.485 [1987 c.785 �5; 1989 c.648 �55; 2005 c.22 �143; 2005 c.826 �12; 2007 c.906 �10; 2022 c.54 �3; renumbered

ORS 197.610

197.610 to 197.625.

�� (5) This section does not apply to:

�� (a) Any plan amendment for which an exception is required under ORS 197.732; or

�� (b) Except as provided under subsection (6) of this section, any lands designated under a statewide planning goal addressing agricultural lands or forestlands.

�� (6)(a) If a county is acting on the remand of a decision from the Land Use Board of Appeals, the county governing body may authorize the planning commission or hearings officer to conduct hearings and make a decision under subsection (1) of this section for lands designated under a statewide planning goal addressing agricultural lands or forestlands.

�� (b) The county governing body shall review a planning commission or hearings officer decision made under this subsection and shall:

�� (A) Schedule a public hearing and issue a final decision on the application;

�� (B) Leave the planning commission or hearings officer decision as the final county decision; or

�� (C) Adopt the planning commission or hearings officer decision by consent order as the decision of the governing body. [1987 c.729 �20; 2018 c.117 �1]

�� 215.433 Supplemental application for remaining permitted uses following denial of initial application. (1) A person whose application for a permit is denied by the governing body of a county or its designee under ORS 215.427 may submit to the county a supplemental application for any or all other uses allowed under the county�s comprehensive plan and land use regulations in the zone that was the subject of the denied application.

�� (2) The governing body of a county or its designee shall take final action on a supplemental application submitted under this section, including resolution of all appeals, within 240 days after the application is deemed complete. Except that 240 days shall substitute for 120 days or 150 days, as appropriate, all other applicable provisions of ORS 215.427 shall apply to a supplemental application submitted under this section.

�� (3) A supplemental application submitted under this section shall include a request for any rezoning or zoning variance that may be required to issue a permit under the county�s comprehensive plan and land use regulations.

�� (4) The governing body of the county or its designee shall adopt specific findings describing the reasons for approving or denying:

�� (a) A use for which approval is sought under this section; and

�� (b) A rezoning or variance requested in the application. [1999 c.648 �2; 1999 c.648 �2a]

�� 215.435 Deadline for final action by county on remand of land use decision; exception. (1) Pursuant to a final order of the Land Use Board of Appeals under ORS 197.830 remanding a decision to a county, the governing body of the county or its designee shall take final action on an application for a permit, limited land use decision or zone change within 120 days of the effective date of the final order issued by the board. For purposes of this subsection, the effective date of the final order is the last day for filing a petition for judicial review of a final order of the board under ORS 197.850 (3). If judicial review of a final order of the board is sought under ORS 197.830, the 120-day period established under this subsection shall not begin until final resolution of the judicial review.

�� (2)(a) In addition to the requirements of subsection (1) of this section, the 120-day period established under subsection (1) of this section shall not begin until the applicant requests in writing that the county proceed with the application on remand, but if the county does not receive the request within 180 days of the effective date of the final order or the final resolution of the judicial review, the county shall deem the application terminated.

�� (b) The 120-day period established under subsection (1) of this section may be extended for up to an additional 365 days if the parties enter into mediation as provided by ORS 197.860 prior to the expiration of the initial 120-day period. The county shall deem the application terminated if the matter is not resolved through mediation prior to the expiration of the 365-day extension.

�� (3) The 120-day period established under subsection (1) of this section applies only to decisions wholly within the authority and control of the governing body of the county.

�� (4) Subsection (1) of this section does not apply to a remand proceeding concerning a decision of the county making a change to an acknowledged comprehensive plan or a land use regulation that is submitted to the Director of the Department of Land Conservation and Development under ORS 197.610. [1999 c.545 �2; 2011 c.280 �11; 2015 c.522 �1]

�� 215.437 Writ of mandamus authorized after deadline following remand of land use decision. (1) If the governing body of a county or its designee fails to take final action on an application for a permit, limited land use decision or zone change within 120 days as provided in ORS 215.435, the applicant may file a petition for a writ of mandamus as provided in ORS 34.105 to 34.240. The court shall set the matter for trial as soon as practicable but not more than 15 days from the date a responsive pleading pursuant to ORS 34.170 is filed, unless the court has been advised by the parties that the matter has been settled.

�� (2) A writ of mandamus issued under this section shall order the governing body of the county or its designee to make a final determination on the application. The court, in its discretion, may order such remedy as the court determines appropriate.

�� (3) In a mandamus proceeding under this section the court shall award court costs and attorney fees to an applicant who prevails on a petition under this section. [1999 c.545 �3; 2015 c.522 �2]

PERMITTED USES IN ZONES

�� 215.438 Transmission towers; location; conditions. The governing body of a county or its designate may allow a transmission tower over 200 feet in height to be established in any zone subject to reasonable conditions imposed by the governing body or its designate. [1983 c.827 �23a]

�� 215.439 Solar energy systems in residential or commercial zones. (1) The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use.

�� (2) The installation and use on a commercial structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which commercial structures are an allowed use.

�� (3) Approval of a permit application under ORS 215.402 to 215.438 is, notwithstanding the definition of �permit� in ORS 215.402, a ministerial function if:

�� (a) The installation of a solar energy system can be accomplished without increasing the footprint of the residential or commercial structure or the peak height of the portion of the roof on which the system is installed; and

�� (b) The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof.

�� (4) As part of the permit approval process, a county:

�� (a) May not charge a fee pursuant to ORS 215.416 for processing a permit;

�� (b) May not require extensive surveys or site evaluations including, but not limited to, vegetation surveys, contour maps and elevation drawings; and

�� (c) May charge building permit fees pursuant to ORS 455.020, 455.210 and 455.220.

�� (5) Subsections (3) and (4) of this section do not apply to a permit application for a residential or commercial structure that is:

�� (a) A federally or locally designated historic building or landmark or that is located in a federally or locally designated historic district.

�� (b) A conservation landmark designated by a city or county because of the historic, cultural, archaeological, architectural or similar merit of the landmark.

�� (c) Located in an area designated as a significant scenic resource unless the material used is:

�� (A) Designated as anti-reflective; or

�� (B) Eleven percent or less reflective.

�� (6) As used in this section, �solar photovoltaic energy system� has the meaning given that term in ORS 757.360. [2011 c.464 �1]

�� Note: 215.439 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.440 [1955 c.682 �3; repealed by 1971 c.13 �1]

�� 215.441 Use of real property for religious activities. (1) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under state law and rules and local zoning ordinances and regulations, a county shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including:

�� (a) Worship services.

�� (b) Religion classes.

�� (c) Weddings.

�� (d) Funerals.

�� (e) Meal programs.

�� (f) Child care or any preschool or prekindergarten education, but not private or parochial education for kindergarten through grade 12 or higher education.

�� (2) A county may:

�� (a) Subject real property described in subsection (1) of this section to reasonable regulations, including site review or design review, concerning the physical characteristics of the uses authorized under subsection (1) of this section; or

�� (b) Prohibit or restrict the use of real property by a place of worship described in subsection (1) of this section if the county finds that the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the place of worship described in subsection (1) of this section.

�� (3) Notwithstanding any other provision of this section, a county may allow a private or parochial school for kindergarten through grade 12 or higher education to be sited under applicable state law and rules and local zoning ordinances and regulations. [2001 c.886 �2; 2017 c.745 �7; 2019 c.640 �19; 2021 c.385 �4; 2021 c.446 �4; 2025 c.267 �1]

�� 215.445 Use of private property for mobile medical clinic. (1) As used in this section:

�� (a) �Health professional� means a person licensed or certified by the:

�� (A) Oregon Medical Board;

�� (B) Oregon Board of Dentistry; or

�� (C) Oregon State Board of Nursing.

�� (b) �Health services� means the services that a health professional is licensed or certified to provide.

�� (c) �Local government� has the meaning given that term in ORS 174.116.

�� (d) �Mobile medical clinic� means a vehicle or a transportable structure that is:

�� (A) Designed to serve as a facility suitable for the provision of health services; and

�� (B) In use by a health professional to provide health services to the public.

�� (e) �Nonprofit� means a corporation organized under and subject to the provisions of ORS chapter 65.

�� (2) A local government may not prohibit a nonprofit mobile medical clinic from:

�� (a) Being located on private property with the permission of the owner of the private property; and

�� (b) Staying in one location for 180 days or less. [2015 c.142 �1]

�� Note: 215.445 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.446 Renewable energy facility; application; standards; notices. (1) As used in this section:

�� (a) �Average electric generating capacity� has the meaning given that term in ORS 469.300.

�� (b) �Energy generation area� has the meaning given that term in ORS 469.300.

�� (c) �Renewable energy facility� means:

�� (A) A solar photovoltaic power generation facility using:

�� (i) More than 100 acres but not more than 240 acres located on high-value farmland as defined in ORS 195.300;

�� (ii) More than 100 acres but not more than 2,560 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

�� (iii) More than 320 acres but not more than 3,840 acres located on any other land.

�� (B) An electric power generating plant with an average electric generating capacity of at least 35 megawatts but less than 50 megawatts if the power is produced from geothermal energy at a single plant or within a single energy generation area.

�� (C) An electric power generating plant with an average electric generating capacity of at least 35 megawatts but less than 100 megawatts if the power is produced from wind energy at a single energy facility or within a single energy generation area.

�� (2) An application for a land use permit to establish a renewable energy facility must be made under ORS 215.416. An applicant must demonstrate to the satisfaction of the county that the renewable energy facility meets the standards under subsection (3) of this section.

�� (3) In order to issue a permit, the county shall require that the applicant:

�� (a)(A) Consult with the State Department of Fish and Wildlife, prior to submitting a final application to the county, regarding fish and wildlife habitat impacts and any mitigation plan that is necessary;

�� (B) Conduct a habitat assessment of the proposed development site;

�� (C) Develop a mitigation plan to address significant fish and wildlife habitat impacts consistent with the administrative rules adopted by the State Fish and Wildlife Commission for the purposes of implementing ORS 496.012; and

�� (D) Follow administrative rules adopted by the State Fish and Wildlife Commission and rules adopted by the Land Conservation and Development Commission to implement the Oregon Sage-Grouse Action Plan and Executive Order 15-18.

�� (b) Demonstrate that the construction and operation of the renewable energy facility, taking into account mitigation, will not result in significant adverse impacts to historic, cultural and archaeological resources that are:

�� (A) Listed on the National Register of Historic Places under the National Historic Preservation Act (P.L. 89-665, 54 U.S.C. 300101 et seq.);

�� (B) Inventoried in a local comprehensive plan; or

�� (C) Evaluated as a significant or important archaeological object or archaeological site, as those terms are defined in ORS 358.905.

�� (c) Demonstrate that the site for a renewable energy facility, taking into account mitigation, can be restored adequately to a useful, nonhazardous condition following permanent cessation of construction or operation of the facility and that the applicant has a reasonable likelihood of obtaining financial assurances in a form and amount satisfactory to the county to secure restoration of the site to a useful, nonhazardous condition.

�� (d) Meet the general and specific standards for a renewable energy facility adopted by the Energy Facility Siting Council under ORS 469.470 (2) and 469.501 that the county determines are applicable.

�� (e) Provide the financial assurances described in paragraph (c) of this subsection in the form and at the time specified by the county.

�� (f) For a renewable energy facility that is a solar photovoltaic power generation facility using the number of acres described in subsection (4) of this section, provide a decommissioning plan to accomplish the restoration of the site to a useful, nonhazardous condition as described in paragraph (c) of this subsection. A decommissioning plan provided under this paragraph must include bonding or other security as the financial assurances described in paragraph (c) of this subsection.

�� (g) For a renewable energy facility that is an electric power generating plant with an average electric generating capacity of at least 50 megawatts but less than 100 megawatts that produces the power from wind energy at a single energy facility or within a single energy generation area, provide a decommissioning plan to accomplish the restoration of the site to a useful, nonhazardous condition as described in paragraph (c) of this subsection. A decommissioning plan provided under this paragraph must include bonding or other security as the financial assurances described in paragraph (c) of this subsection.

�� (4) The requirements in subsection (3)(f) of this section apply to a solar photovoltaic power generation facility using:

�� (a) More than 160 acres but not more than 240 acres located on high-value farmland as defined in ORS 195.300;

�� (b) More than 1,280 acres but not more than 2,560 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

�� (c) More than 1,920 acres but not more than 3,840 acres located on any other land.

�� (5) Upon receipt of a reasonable cost estimate from the state agency or tribe, the applicant and county may jointly enter into a cost reimbursement agreement administered by the county with:

�� (a) The State Department of Fish and Wildlife to receive comments under subsection (3)(a) of this section.

�� (b) The State Historic Preservation Officer or any affected federally recognized Indian tribe to receive comments under subsection (3)(b) of this section.

�� (c) The State Department of Energy to receive comments under subsection (3)(c) and (d) of this section as well as comments regarding other matters as the county may require.

�� (6) A county that receives an application for a permit under this section shall, upon receipt of the application, provide notice to persons listed in subsection (7) of this section. The notice must include, at a minimum:

�� (a) A description of the proposed renewable energy facility;

�� (b) A description of the lots or parcels subject to the permit application;

�� (c) The dates, times and locations where public comments or public testimony on the permit application can be submitted; and

�� (d) The contact information for the governing body of the county and the applicant.

�� (7) The notice required under subsection (6) of this section must be delivered to:

�� (a) The State Department of Fish and Wildlife;

�� (b) The State Department of Energy;

�� (c) The State Historic Preservation Officer;

�� (d) The Oregon Department of Aviation;

�� (e) The United States Department of Defense; and

�� (f) Federally recognized Indian tribes that may be affected by the application. [2019 c.650 �4; 2021 c.60 �1; 2023 c.336 �1; 2025 c.162 �3]

�� 215.447 Photovoltaic solar power generation facilities on high-value farmland. (1) As used in this section, �photovoltaic solar power generation facility� means an assembly of equipment and components that has the primary purpose of converting sunlight into electricity by photovoltaic effect and has the capability of storing or transferring the electricity.

�� (2) A photovoltaic solar power generation facility may be established on land that is high-value farmland, as defined in ORS 195.300 (10)(f)(C), provided the land:

�� (a) Is not located within the boundaries of an irrigation district;

�� (b) Is not at the time of the facility�s establishment, and was not at any time during the 20 years immediately preceding the facility�s establishment, the place of use of a water right permit, certificate, decree, transfer order or ground water registration authorizing the use of water for the purpose of irrigation;

�� (c) Is located within the service area of an electric utility described in ORS 469A.052 (2);

�� (d) Does not exceed the acreage the electric utility reasonably anticipates to be necessary to achieve the applicable renewable portfolio standard described in ORS

ORS 197.805

197.805 to 197.855.

�� (4) The governing body may, by ordinance or regulation, prescribe fees sufficient to defray the costs incurred in the review and investigation of and action upon applications for approval of proposed partitions.

�� (5) No tentative plan of a proposed partition may be approved unless the tentative plan complies with the applicable zoning ordinances and regulations and the ordinances or regulations adopted under this section that are then in effect for the city or county within which the land described in the tentative plan is situated.

�� (6) Any ordinance or regulation adopted under this section shall comply with the comprehensive plan for the city or county adopting the ordinance or regulation. [1955 c.756 �22; 1973 c.696 �10; 1983 c.827 �19f; 1989 c.772 �7; 1993 c.792 �47; 1999 c.348 �13]

�� 92.048 Procedure for adoption of regulations under ORS 92.044 and 92.046. The procedure for adoption of any ordinance or regulation under ORS 92.044 and 92.046 is as follows:

�� (1) The planning commission of the county or the city shall hold a public hearing on the proposed ordinance or regulation after publishing notice of the hearing 10 days prior to the hearing in a newspaper of general circulation published in the area in which land to be subject to such ordinance or regulation is situated or, if there is no such newspaper, a newspaper of general circulation published in the county. The notice shall contain the time, place and purpose of the hearing and a description of the land to be subject to the ordinance or regulation.

�� (2) Prior to the expiration of 60 days after the date of such hearing, the planning commission may transmit its recommendation regarding the proposed ordinance or regulation to the governing body of the county or city, as the case may be. If the planning commission recommendation has not been received by the governing body of the county or the city prior to the expiration of such 60-day period, the governing body may consider the ordinance or regulation without recommendation of the planning commission thereon.

�� (3) Prior to the adoption of such ordinance or regulation, the governing body of the county or the city shall hold a hearing thereon after giving notice of the hearing in the same manner provided in subsection (1) of this section.

�� (4) A copy of any regulation or ordinance adopted by the governing body of a county or a city under this section, together with a map of the area subject to the regulation or ordinance and a brief statement of the different classifications, if any, of land partitioning under the ordinance or regulation, shall be filed with the recording officer of the county in which the land subject to the ordinance or regulation is situated. Such ordinance or regulation shall not be effective until so filed. If the ordinance or regulation is applicable throughout all of the area over which the county or city has jurisdiction under ORS 92.042, only an outline map of such area shall be filed with the recording officer of the county.

�� (5) The ordinance or regulation may be amended from time to time by following the procedure prescribed in this section. [1955 c.756 �23; 1973 c.314 �1; 1973 c.696 �11; 1983 c.570 �2]

�� 92.050 Requirements of survey and plat of subdivision and partition. (1) A person shall not submit a plat of a subdivision or partition for record, until all the requirements of ORS 209.250 and the plat requirements of the subdivision or partition have been met.

�� (2) The survey for the plat of the subdivision or partition shall be done in a manner to achieve sufficient accuracy that measurements may be taken between monuments within one-tenth of a foot or one ten-thousandth of the distance shown on the subdivision or partition plat, whichever is greater.

�� (3) The survey and plat of the subdivision or partition shall be made by a registered professional land surveyor.

�� (4) The plat of the subdivision or partition shall be of sufficient scale and lettering size, approved by the county surveyor, so that:

�� (a) The survey and mathematical information and all other details are clearly and legibly shown on the plat.

�� (b) Each lot or parcel is numbered consecutively.

�� (c) The lengths and courses of the boundaries of each lot or parcel are shown on the plat.

�� (d) Each street is named and shown on the plat.

�� (5) The locations and descriptions of all monuments found or set must be carefully recorded upon all plats and the proper courses and distances of all boundary lines, conforming to the surveyor�s certificate, must be shown.

�� (6) The location, dimensions and purpose of all recorded and proposed public and private easements must be shown on the subdivision or partition plat along with the county clerk�s recording reference if the easement has been recorded by the county clerk. Private easements become effective upon the recording of the plat.

�� (7) The area of each lot or parcel must be shown on the subdivision or partition plat.

�� (8) In addition to showing bearings in degrees, minutes and seconds and distances in feet and hundredths of a foot, the following curve information must be shown on the subdivision or partition plat either on the face of the map or in a separate table:

�� (a) Arc length;

�� (b) Chord length;

�� (c) Chord bearing;

�� (d) Radius; and

�� (e) Central angle.

�� (9) A city or county may not require that a final subdivision, condominium or partition plat show graphically or by notation on the final plat any information or requirement that is or may be subject to administrative change or variance by a city or county or any other information unless authorized by the county surveyor. [Amended by 1955 c.756 �10; 1983 c.309 �3; 1989 c.772 �8; 1991 c.763 �10; 1993 c.702 �3; 1995 c.382 �4; 1997 c.489 �2; 1999 c.1018 �1; 2005 c.399 �5]

�� 92.055 Requirements for unsurveyed and unmonumented parcels on plats. (1) A parcel larger than 10 acres that is created outside an urban growth boundary is not required to be surveyed and monumented and shall comply with the following:

�� (a) The approximate acreage of each unsurveyed parcel shall be shown; and

�� (b) Any unsurveyed parcel shall have the words �unsurveyed� placed in bold letters adjacent to the parcel number.

�� (2) Unsurveyed parcels need not comply with ORS 92.050 (5), (7) and (8). [1995 c.382 �2; 1999 c.1018 �2; 2005 c.399 �6]

�� Note: 92.055 was added to and made a part of 92.010 to 92.192 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 92.060 Marking subdivision, partition or condominium plats with monuments; types of monuments; property line adjustment. (1) The initial point, also known as the point of beginning, of a plat must be on the exterior boundary of the plat and must be marked with a monument that is either galvanized iron pipe or an iron or steel rod. If galvanized iron pipe is used, the pipe may not be less than three-quarter inch inside diameter and 30 inches long. If an iron or steel rod is used, the rod may not be less than five-eighths of an inch in least dimension and 30 inches long. The location of the monument shall be with reference by survey to a section corner, one-quarter corner, one-sixteenth corner, Donation Land Claim corner or to a monumented lot corner or boundary corner of a recorded subdivision, partition or condominium plat. When setting a required monument is impracticable under the circumstances, the county surveyor may authorize the setting of another type of monument.

�� (2) In subdivision plats, the intersections, the initial point, also known as the point of beginning, the point of ending, points of curves and points of tangents, or the point of intersection of the curve if the point is within the pavement area of the road, of the centerlines of all streets and roads and all points on the exterior boundary where the boundary line changes direction, must be marked with monuments either of galvanized iron pipe or iron or steel rods. If galvanized iron pipe is used, the pipe may not be less than three-quarter inch inside diameter and 30 inches long. If iron or steel rods are used, the rod may not be less than five-eighths of an inch in least dimension and 30 inches long. When setting a required monument is impracticable under the circumstances:

�� (a) The county surveyor may authorize the setting of another type of monument; or

�� (b) The county surveyor may waive the setting of the monument.

�� (3) All lot and parcel corners except lot corners of cemetery lots must be marked with monuments of either galvanized iron pipe not less than one-half inch inside diameter or iron or steel rods not less than five-eighths inch in least dimension and not less than 24 inches long. When setting a required monument is impracticable under the circumstances:

�� (a) The surveyor may set another type of monument; or

�� (b) The county surveyor may waive the setting of the monument.

�� (4) A surveyor shall set monuments with sufficient accuracy that measurements may be taken between monuments within one-tenth of a foot or within one ten-thousandth of the distance shown on the subdivision or partition plat, whichever is greater.

�� (5) A surveyor shall set monuments on the exterior boundary of a subdivision, unless the county surveyor waives the setting of a particular monument, where changes in the direction of the boundary occur and shall reference the monuments on the plat of the subdivision before the plat of the subdivision is offered for recording. However, the surveyor need not set the remaining monuments for the subdivision prior to the recording of the plat of the subdivision if:

�� (a) The registered professional land surveyor performing the survey work certifies that the remaining monuments will be set, unless the county surveyor waives the setting of a particular monument, on or before a specified date as provided in ORS 92.070 (2); and

�� (b) The person subdividing the land furnishes to the county or city by which the subdivision was approved a bond, cash deposit, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or other security as required by the county or city guaranteeing the payment of the cost of setting the remaining monuments for the subdivision as provided in ORS 92.065.

�� (6) A surveyor shall set all monuments on the exterior boundary and all parcel corner monuments of partitions, unless the county surveyor waives the setting of a particular monument, before the partition plat is offered for recording. Unless the governing body provides otherwise, any parcels created outside an urban growth boundary that are greater than 10 acres need not be surveyed or monumented.

�� (7) Except as provided in subsections (8) and (9) of this section, a property line adjustment must be surveyed and monumented in accordance with subsection (3) of this section and a survey, complying with ORS 209.250, must be filed with the county surveyor.

�� (8) Unless the governing body of a city or county has otherwise provided by ordinance, a survey or monument is not required for a property line adjustment when the abutting properties are each greater than 10 acres. Nothing in this subsection exempts a local government from minimum area requirements established in acknowledged comprehensive plans and land use regulations.

�� (9) The requirements of subsection (7) of this section do not apply to property transferred through a property line adjustment as described in ORS 92.010 (9)(e). [Amended by 1955 c.756 �11; 1973 c.696 �12; 1983 c.309 �4; 1989 c.772 �9; 1991 c.331 �20; 1991 c.763 �11; 1993 c.702 �4; 1995 c.79 �32; 1995 c.382 �5; 1997 c.268 �2; 1997 c.489 �3; 1997 c.631 �391; 1999 c.1018 �3; 2005 c.230 �3; 2005 c.399 �7a; 2007 c.866 �9; 2008 c.12 �4]

�� 92.065 Monumenting certain subdivision corners after recording plat; bond, cash deposit or other security. (1) Except for exterior monuments described in ORS 92.060 (5), if the remaining corners of a subdivision are to be monumented on or before a specified date after the recording of the plat of the subdivision, the person subdividing the land described in the subdivision plat shall furnish to the county surveyor, prior to approval of the subdivision plat by the county surveyor, a bond, cash deposit, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or other security, as required at the option of the city or county, in an amount equal to 120 percent of the estimated cost of performing the work for the remaining monumentation.

�� (2) The county surveyor may require that the setting of the remaining corners of the subdivision be delayed, according to the provisions of this section, if the installation of street and utility improvements has not been completed, or if other conditions or circumstances justify the delay.

�� (3) The person subdividing the lands described in subsection (1) of this section shall pay the surveyor for performing the remaining monumentation work and notify the county surveyor of the payment. The county surveyor, within three months after the notice, shall release the bond, irrevocable letter of credit or other required security, or return the cash deposit upon a finding that the payment has been made. Upon written request from the person subdividing the land, the governing body may pay the surveyor from moneys within a cash deposit held by it for that purpose and return the excess of the cash deposit, if any, to the person who made the deposit. If the subdivider has not paid the surveyor within 30 days of final approval of the remaining monumentation, the city or county may pay the surveyor from moneys held in a cash deposit, if any, or require payment to be made from other security.

�� (4) In the event of the death, disability or retirement from practice of the surveyor charged with the responsibility for setting remaining monuments for a subdivision or upon the failure or refusal of the surveyor to set the monuments, the county surveyor shall cause the monumentation to be completed and referenced for recording as provided in ORS 92.070. If another surveyor completes the remaining monumentation, the surveyor shall submit an affidavit to the county surveyor complying with ORS 92.070 (3)(b). The county surveyor shall note on the original, and on any exact copies filed in accordance with ORS 92.120 (3) the surveyor�s name and business address. Payment of the fees for completing said monumentation shall be made by the subdivider within 30 days of the completion of such work. In the event that the subdivider fails to pay such fees within 30 days, the bond, cash deposit, irrevocable letter of credit or other security may be used to pay such fees; and when such cash or other securities are inadequate to cover the cost incurred by the county surveyor, the balance due will constitute a lien on any lots in the subdivision that are still in the ownership of the subdivider when recorded pursuant to ORS 93.600 to 93.802. [1973 c.696 �14; 1983 c.309 �5; 1989 c.772 �10; 1991 c.331 �21; 1991 c.763 �12; 1995 c.382 �6; 1997 c.631 �392; 1999 c.1018 �4]

�� 92.070 Surveyor�s certificates; procedure for recording monumented corners on plat previously recorded; reestablishing certain monuments. (1) Except as otherwise provided in this section, a subdivision or partition plat designating the location of land in a county in the State of Oregon, offered for record, must include on the face of the plat a surveyor�s certificate, together with the seal and signature of the surveyor having surveyed the land represented on the plat, to the effect that the surveyor has correctly surveyed and marked with proper monuments the lands as represented and has placed a proper monument as provided in ORS 92.060 indicating the initial point of the plat and its location in accordance with ORS 92.060 (1) and accurately describing by metes or bounds, or other description as approved by the county surveyor, the tract of land upon which the lots and blocks or parcels are laid out.

�� (2) If the person subdividing any land has complied with ORS 92.065 (1), the surveyor may prepare the plat of the subdivision for recording with only the exterior monuments referenced on the subdivision plat as submitted for recording. The subdivision plat shall include a certification of the surveyor that the remaining corners for the subdivision will be monumented on or before a specified date in accordance with ORS 92.060, noting those monuments to be set on or before said specified date on the subdivision plat as approved by the city or county.

�� (3) After the remaining corners for a subdivision have been monumented as provided in the certificate submitted under subsection (2) of this section, the surveyor performing the work shall:

�� (a) Within five days after completion of the work, notify the person subdividing the land involved and the county surveyor by whom the subdivision was approved; and

�� (b) Upon approval of the work under ORS 92.100 by the county surveyor, submit an affidavit for recording stating that the subdivision plat has been correctly surveyed and marked with proper monuments at the remaining corners of the subdivisions as noted on the original subdivision plat. Any monument that cannot be set shall be separately noted and a reference monument shall be set. The affidavit shall be approved by the county surveyor before recording. The surveyor who prepared the affidavit shall cause the affidavit to be recorded in the office of the county recorder where the subdivision plat is recorded. The county clerk shall promptly provide a recorded copy of the affidavit to the county surveyor. The county surveyor shall note the monuments set and the recorder�s information on the county surveyor�s copy of the subdivision plat and any exact copies filed in accordance with ORS 92.120 (3). The original plat may not be corrected or changed after it is recorded with the county clerk.

�� (4) The county surveyor approving the work pursuant to subsection (3) of this section shall reference the approval upon the subdivision plat and tracings previously recorded. A city surveyor approving the work under ORS 92.100 (1) shall reference that surveyor�s approval on the affidavit required under this section prior to approval by the county surveyor.

�� (5) Notwithstanding ORS 209.250, the surveyor who prepared the subdivision or partition plat may reestablish plat monuments within two years of plat recordation without filing a map of the survey as required under ORS 209.250. The surveyor reestablishing any plat monuments shall prepare an affidavit stating that the reestablished corners of the subdivision or partition plat have been correctly surveyed and marked with proper monuments as required under ORS 92.060. The affidavit shall be approved by the county surveyor prior to recordation of the affidavit with the county clerk. The surveyor who prepared the affidavit shall file the affidavit with the county clerk for the county where the subdivision or partition plat is recorded. The county clerk shall promptly provide a certified copy of the recorded affidavit to the surveyor. The county surveyor shall indicate the reestablished monuments on the county surveyor�s copy of the plat of the subdivision or partition and any copies of the plat filed under ORS 92.120 (3). The original plat may not be corrected or changed after it is recorded with the county clerk. The county shall charge a fee for recording the affidavit in the county clerk�s office and the county surveyor�s office. The fee shall be established by the governing body of the county and shall be paid to the county surveyor. [Amended by 1973 c.696 �13; 1983 c.309 �6; 1989 c.772 �11; 1991 c.763 �13; 1995 c.382 �7; 1997 c.489 �4; 1999 c.1018 �5; 2001 c.173 �1; 2005 c.399 �8]

�� 92.075 Declaration required to subdivide or partition property; contents. (1) In order to subdivide or partition any property, the declarant shall include on the face of the subdivision or partition plat, if a partition plat is required, a declaration, taken before a notary public or other person authorized by law to administer oaths, stating that the declarant has caused the subdivision or partition plat to be prepared and the property subdivided or partitioned in accordance with the provisions of this chapter. Any dedication of land to public purposes or any public or private easements created, or any other restriction made, shall be stated in the declaration.

�� (2) If the declarant is not the fee owner of the property, the fee owner and the vendor under any instrument of sale shall also execute the declaration for the purpose of consenting to the property being subdivided or partitioned.

�� (3) If the subdivision or partition plat contains any dedication or donation of land to public purposes, the holder of any mortgage or trust deed shall also execute the declaration for the purpose of consenting to the property being submitted to the provisions of this chapter.

�� (4) Notwithstanding the provisions of subsections (1) to (3) of this section, the fee owner, vendor or the mortgage or trust deed holder may record an affidavit consenting to the declaration of property being subdivided or partitioned and to any dedication or donation of property to public purposes. The affidavit must indicate the recorded document by which the interest in the property was acquired and all information required by ORS 93.410 to 93.530 and must be recorded in deed records at the same time as the subdivision or partition plat. The county clerk shall note the recording information of the affidavit on the original and any exact copies of the subdivision or partition plat. [1991 c.763 �3; 1995 c.382 �8; 2005 c.399 �9]

�� Note: 92.075 was added to and made a part of ORS chapter 92 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 92.080 Preparation of plat. Notwithstanding ORS 205.232 and 205.234, all plats subdividing or partitioning land in a county in this state, dedications of streets or roads or public parks and squares and other writings made a part of the subdivision or partition plats offered for record in a county in this state must be made on material that is 18 inches by 24 inches in size with an additional three-inch binding edge on the left side when required by the county clerk or the county surveyor, that is suitable for binding and copying purposes, and that has the characteristics of strength and permanency required by the county clerk and county surveyor. All signatures on the original subdivision or partition plat must be in archival quality black ink. The subdivision or partition plat must be of a scale required by the county surveyor. The lettering of the approvals, the declaration, the surveyor�s certificate and all other information must be of a size or type to be clearly legible, but the information may not come nearer an edge of the sheet than one inch. The subdivision or partition plat may be placed on as many sheets as necessary, but a face sheet and an index page must be included for subdivision or partition plats placed upon three or more sheets. [Amended by 1955 c.756 �12; 1973 c.696 �15; 1985 c.582 �1; 1989 c.772 �12; 1991 c.763 �14; 1993 c.321 �6; 1993 c.702 �5; 1997 c.489 �5; 1999 c.710 �3; 2005 c.399 �10]

�� 92.090 Approval of subdivision plat names; requisites for approval of tentative subdivision or partition plan or plat. (1) Subdivision plat names shall be subject to the approval of the county surveyor or, in the case where there is no county surveyor, the county assessor. No tentative subdivision plan or subdivision plat of a subdivision shall be approved which bears a name similar to or pronounced the same as the name of any other subdivision in the same county, unless the land platted is contiguous to and platted by the same party that platted the subdivision bearing that name or unless the party files and records the consent of the party that platted the contiguous subdivision bearing that name. All subdivision plats must continue the lot numbers and, if used, the block numbers of the subdivision plat of the same name last filed. On or after January 1, 1992, any subdivision submitted for final approval shall not use block numbers or letters unless such subdivision is a continued phase of a previously recorded subdivision, bearing the same name, that has previously used block numbers or letters.

�� (2) No tentative plan for a proposed subdivision and no tentative plan for a proposed partition shall be approved unless:

�� (a) The streets and roads are laid out so as to conform to the plats of subdivisions and partitions already approved for adjoining property as to width, general direction and in all other respects unless the city or county determines it is in the public interest to modify the street or road pattern.

�� (b) Streets and roads held for private use are clearly indicated on the tentative plan and all reservations or restrictions relating to such private roads and streets are set forth thereon.

�� (c) The tentative plan complies with the applicable zoning ordinances and regulations and the ordinances or regulations adopted under ORS 92.044 that are then in effect for the city or county within which the land described in the plan is situated.

�� (3) No plat of a proposed subdivision or partition shall be approved unless:

�� (a) Streets and roads for public use are dedicated without any reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public or private utilities.

�� (b) Streets and roads held for private use and indicated on the tentative plan of such subdivision or partition have been approved by the city or county.

�� (c) The subdivision or partition plat complies with any applicable zoning ordinances and regulations and any ordinance or regulation adopted under ORS 92.044 that are then in effect for the city or county within which the land described in the subdivision or partition plat is situated.

�� (d) The subdivision or partition plat is in substantial conformity with the provisions of the tentative plan for the subdivision or partition, as approved.

�� (e) The subdivision or partition plat contains a donation to the public of all common improvements, including but not limited to streets, roads, parks, sewage disposal and water supply systems, the donation of which was made a condition of the approval of the tentative plan for the subdivision or partition.

�� (f) Explanations of all common improvements required as conditions of approval of the tentative plan of the subdivision or partition have been recorded and referenced on the subdivision or partition plat.

�� (4) Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat of a subdivision shall be approved by a city or county unless the city or county has received and accepted:

�� (a) A certification by a city-owned domestic water supply system or by the owner of a privately owned domestic water supply system, subject to regulation by the Public Utility Commission of Oregon, that water will be available to the lot line of each and every lot depicted in the proposed subdivision plat;

�� (b) A bond, irrevocable letter of credit, contract or other assurance by the subdivider to the city or county that a domestic water supply system will be installed by or on behalf of the subdivider to the lot line of each and every lot depicted in the proposed subdivision plat in an amount determined by a registered professional engineer, subject to any change in such amount as determined necessary by the city or county; or

�� (c) A statement that no domestic water supply facility will be provided to the purchaser of any lot depicted in the proposed subdivision plat, even though a domestic water supply source may exist. A copy of any such statement, signed by the subdivider and indorsed by the city or county, shall be filed by the subdivider with the Real Estate Commissioner and shall be included by the commissioner in any public report made for the subdivision under ORS 92.385. If the making of a public report has been waived or the subdivision is otherwise exempt under the Oregon Subdivision Control Law, the subdivider shall deliver a copy of the statement to each prospective purchaser of a lot in the subdivision at or prior to the signing by the purchaser of the first written agreement for the sale of the lot. The subdivider shall take a signed receipt from the purchaser upon delivery of such a statement, shall immediately send a copy of the receipt to the commissioner and shall keep any such receipt on file in this state, subject to inspection by the commissioner, for a period of three years after the date the receipt is taken.

�� (5) Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat of a subdivision shall be approved by a city or county unless the city or county has received and accepted:

�� (a) A certification by a city-owned sewage disposal system or by the owner of a privately owned sewage disposal system that is subject to regulation by the Public Utility Commission of Oregon that a sewage disposal system will be available to the lot line of each and every lot depicted in the proposed subdivision plat;

�� (b) A bond, irrevocable letter of credit, contract or other assurance by the subdivider to the city or county that a sewage disposal system will be installed by or on behalf of the subdivider to the lot line of each and every lot depicted on the proposed subdivision plat in an amount determined by a registered professional engineer, subject to any change in such amount as the city or county considers necessary; or

�� (c) A statement that no sewage disposal facility will be provided to the purchaser of any lot depicted in the proposed subdivision plat, where the Department of Environmental Quality has approved the proposed method or an alternative method of sewage disposal for the subdivision in its evaluation report described in ORS 454.755 (1)(b). A copy of any such statement, signed by the subdivider and indorsed by the city or county shall be filed by the subdivider with the Real Estate Commissioner and shall be included by the commissioner in the public report made for the subdivision under ORS 92.385. If the making of a public report has been waived or the subdivision is otherwise exempt under the Oregon Subdivision Control Law, the subdivider shall deliver a copy of the statement to each prospective purchaser of a lot in the subdivision at or prior to the signing by the purchaser of the first written agreement for the sale of the lot. The subdivider shall take a signed receipt from the purchaser upon delivery of such a statement, shall immediately send a copy of the receipt to the commissioner and shall keep any such receipt on file in this state, subject to inspection by the commissioner, for a period of three years after the date the receipt is taken.

�� (6) A city or county shall accept as other assurance, as used in subsections (4)(b) and (5)(b) of this section, one or more award letters from public funding sources made to a subdivider who is subdividing the property to develop affordable housing, that is or will be subject to an affordability restriction as defined in ORS 456.766 or an affordable housing covenant as defined in ORS 456.270, if the awards total an amount greater than the project cost.

�� (7) Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat of a subdivision or partition located within the boundaries of an irrigation district, drainage district, water control district, water improvement district or district improvement company shall be approved by a city or county unless the city or county has received and accepted a certification from the district or company that the subdivision or partition is either entirely excluded from the district or company or is included within the district or company for purposes of receiving services and subjecting the subdivision or partition to the fees and other charges of the district or company. [Amended by 1955 c.31 �1; 1955 c.756 �13; 1965 c.393 �1; 1973 c.696 �16; 1974 c.74 �3; 1983 c.309 �7; 1989 c.772 �13; 1991 c.331 �22; 1991 c.763 �15; 1995 c.164 �1; 2007 c.652 �3; 2023 c.223 �15]

�� 92.095 Payment of taxes, interest or penalties before subdivision or partition plat recorded. (1) A subdivision or partition plat may not be recorded unless all ad valorem taxes have been paid, including additional taxes, interest and penalties imposed on land disqualified for any special assessment and all special assessments, fees or other charges required by law to be placed upon the tax roll that have become a lien upon the land or that will become a lien during the tax year.

�� (2) After July 1, and before the certification under ORS 311.105 of any year, the subdivider or partitioner shall:

�� (a) If the exact amount of taxes, penalties, special assessments, fees and charges can be computed by the assessor, pay the amount to the tax collector. The assessor is authorized to levy and the tax collector is authorized to collect the amount.

�� (b) If the assessor is unable to compute the amount at the time, either:

�� (A) Pay the amount estimated by the assessor to be needed to pay the taxes, penalties, special assessments, fees and other charges to become due; or

�� (B) Deposit with the tax collector a bond or irrevocable letter of credit with a good and sufficient undertaking in an amount the assessor considers adequate to ensure payment of the taxes to become due. The bond or irrevocable letter of credit amount may not exceed twice the amount of the previous year�s taxes, special assessments, fees and other charges upon the land.

�� (3) Taxes paid or for which security is given under subsection (2)(a) or (b) of this section are entitled to the discount provided by ORS 311.505.

�� (4) ORS 311.370 applies to all taxes levied and collected under subsection (2) of this section, except that any deficiency constitutes a personal debt against the person subdividing or partitioning the land and not a lien against the land and must be collected as provided by law for the collection of personal property taxes.

�� (5) If a subdivision or partition plat is recorded, any additional taxes, interest or penalties imposed upon land disqualified for any special assessment become a lien upon the land on the day before the plat was recorded. [1965 c.393 �2; 1973 c.696 �17; 1979 c.350 �3; 1981 c.804 �69; 1983 c.462 �1; 1989 c.772 �14; 1991 c.331 �23; 1991 c.459 �336; 1993 c.19 �1; 2005 c.399 �11]

�� 92.097 Employment of registered engineer by private developer; government standards and fees. (1) A city, county or special district may not prohibit the employment by a developer of a registered engineer to design or supervise the installation of the improvements of streets, water and sewer lines or other public improvements that are to be installed in conjunction with the development of land using private funds.

�� (2) When design or supervision of installation of improvements is performed by a registered engineer under subsection (1) of this section, the city, county or special district may elect to establish standards for such improvements, review and approve plans and specifications and inspect the installation of improvements. The city, county or special district may collect a fee for inspection and any other services provided in an amount not to exceed the actual cost of performing the inspection or other services provided. [1979 c.191 �2; 2009 c.259 �21]

�� 92.100 Approval of plat by city or county surveyor; procedures; approval by county assessor and county governing body; fees. (1)(a) Except as provided in subsection (4) of this section, before a subdivision or partition plat that covers land within the corporate limits of a city may be recorded, the county surveyor must approve the plat.

�� (b) Notwithstanding ORS 92.170, the governing body of the city may, by resolution or order, designate the city surveyor to serve in lieu of the county surveyor or, with concurrence of the county surveyor, a contract surveyor to act as city surveyor.

�� (c) Except as provided in subsection (4) of this section, if the land is outside the corporate limits of any city, the subdivision or partition plat must be approved by the county surveyor before it is recorded.

�� (d) All subdivision plats must also be approved by the county assessor and the governing body of the county in which the property is located before recording.

�� (e) Notwithstanding paragraph (d) of this subsection, a county may provide by ordinance for the approval of subdivision plats by:

�� (A) The county assessor; and

�� (B)(i) The chairperson of the governing body of the county;

�� (ii) The vice chairperson of the governing body of the county; or

�� (iii) A person designated in lieu of the chairperson or vice chairperson.

�� (f)(A) A partition plat is subject only to the approval of the city or county surveyor unless:

�� (i) The partition plat includes a dedication of land for public road purposes; or

�� (ii) Provided otherwise by ordinance of the governing body.

�� (B) The city or county surveyor shall review the partition plat only for compliance with the survey-related provisions of ORS 92.010 to 92.192 and 209.250.

�� (2) Before approving the subdivision plat as required by this section, the county surveyor shall check the subdivision site and the subdivision plat and shall take measurements and make computations and other determinations necessary to determine that the subdivision plat complies with the survey-related provisions of ORS 92.010 to 92.192 and 209.250 and with survey-related requirements established pursuant to an ordinance or resolution passed by the governing body of the controlling city or county.

�� (3) Before approving the partition plat as required by this section, the county surveyor shall check the partition plat and make computations and other determinations that the partition plat complies with the survey-related provisions of ORS

ORS 198.180

198.180. [1995 c.473 �2; 1995 c.416 �35a]

�� Note: 537.248 and 537.249 were added to and made a part of 537.140 to 537.252 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 537.249 Election to have proposed reservation considered as application for permit or rulemaking proceeding. (1) In lieu of the procedure established pursuant to ORS 537.358, for any reservation pending on July 5, 1995, the state agency that requested the reservation may elect to have the proposed reservation considered:

�� (a) As an application for a permit under ORS 537.140 to 537.211 and 537.248; or

�� (b) As a rulemaking proceeding under the applicable provisions of ORS chapter 183 in which case the provisions of ORS 537.358 requiring a public interest review under ORS 537.170 shall not be applicable.

�� (2) A state agency making any election under subsection (1) of this section shall submit a written request to the Water Resources Commission within 90 days after July 5, 1995. The commission shall proceed in accordance with the election made under subsection (1) of this section or, if an election is not submitted, according to the procedure established pursuant to ORS 537.358.

�� (3) A reservation established under the provisions of this section shall have as a priority date the date established in rules of the commission in effect on July 5, 1995.

�� (4) When issuing a reservoir permit for a multipurpose storage project using water reserved or proposed to be reserved under a request originally filed by the Water Resources Department before June 5, 1992, the department shall grant a preference for the project under ORS 537.352.

�� (5) Notwithstanding ORS 537.356, the Water Resources Commission may accept requests to reserve unappropriated water before July 1, 1997, but shall not begin to process such requests before July 1, 1997. Any request to reserve unappropriated water submitted by the State Department of Agriculture before July 1, 1997, also shall consider municipal needs. The priority date of a request received in proper form by the Water Resources Commission after July 5, 1995, shall be the date of receipt. [1995 c.473 �3; 1995 c.416 �35b]

�� Note: See note under 537.248.

�� 537.250 Water right certificate; issuance; inclusion of land not described in permit; recordation; duration of rights. (1) After the Water Resources Department has received a request for issuance of a water right certificate accompanied by the survey required under ORS 537.230 that shows, to the satisfaction of the department, that an appropriation has been perfected in accordance with the provisions of the Water Rights Act, except as provided in subsection (4) of this section, the department shall issue to the applicant a certificate of the same character as that described in ORS 539.140. The certificate shall be recorded and transmitted to the applicant as provided in that section.

�� (2) When issuing a water right certificate under this section in the name of a district as defined in ORS 540.505, or in the name of a government agency for a district, the department may issue the water right certificate for land not described in the permit in accordance with ORS 537.252.

�� (3) Rights to the use of water acquired under the provisions of the Water Rights Act, as set forth in a certificate issued under this section, shall continue in the owner thereof so long as the water shall be applied to a beneficial use under and in accordance with the terms of the certificate, subject only to loss:

�� (a) By nonuse as specified and provided in ORS 540.610; or

�� (b) As provided in ORS 537.297.

�� (4) The department may not issue a water right certificate for municipal use under this section if:

�� (a) An extension of time is required; and

�� (b) The order approving the extension of time has not become final by operation of law or on appeal. [Amended by 1985 c.392 �11; 1985 c.673 �191; 1987 c.542 �6; 1989 c.509 �6; 1995 c.218 �3; 1995 c.365 �5; 1995 c.416 �21a; 2005 c.410 �3; 2017 c.704 �2]

�� 537.252 Certificate issued for land not described in permit; notice. (1) When issuing a water right certificate under ORS 537.250 to a district, or to a government agency for a district, the Water Resources Department may issue the water right certificate for land not described in the permit if:

�� (a) Water furnished by the district under the permit has been applied beneficially to the land;

�� (b) The land not described in the permit that is proposed to be included in the certificate is included within the legally established boundaries of the district and is subject to the charges, assessments and liens of the district;

�� (c) The certificate does not authorize a greater rate, duty or acreage than is authorized by the terms of the permit, and all other conditions of the permit are satisfied;

�� (d) The inclusion of land not described in the permit will not result in injury to other existing water rights or in enlargement of the right authorized under the permit; and

�� (e) The impact to the water source of including land not described in the permit will not differ significantly from the impact expected at the time the permit was issued for the lands described in the permit.

�� (2) If a district proposes to use water on lands not described in the permit, the Water Resources Department may issue a certificate that includes such additional lands if all of the conditions of subsection (1) of this section are satisfied and if, no later than 60 days before the district actually applies the water to the lands not described in the permit, the district provides written notice to the department. The notice shall include a copy of the original permit map modified to show the lands to be added and lands to be removed from the description of the place of use of the water. Upon receipt of the notice from the district, the department shall provide public notice of the proposed change by means of publication in the department�s weekly public notice.

�� (3) If a district has issued an order of inclusion or exclusion, the boundaries of the irrigation district shall be deemed to have been legally changed in the absence of approval of the Secretary of the Interior.

�� (4) As used in this section:

�� (a) �District� has the meaning given in ORS 540.505.

�� (b) �Legally established boundaries� means the boundaries of a district as established at the time of creation of the district and as the boundaries may have changed after creation of the district by an inclusion, exclusion or merger proceeding according to state law. [1995 c.218 �2; 1995 c.416 �21b; 2003 c.14 �343; 2011 c.52 �4; 2025 c.282 �4]

�� Note: The amendments to 537.252 by section 4, chapter 282, Oregon Laws 2025, become operative April 1, 2026, and apply to applications and petitions submitted on or after April 1, 2026. See section 30, chapter 282, Oregon Laws 2025, as amended by section 21b, chapter 575, Oregon Laws 2025, and see section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025. The text that is operative until April 1, 2026, is set forth for the user�s convenience.

�� 537.252. (1) When issuing a water right certificate under ORS 537.250 to a district, or to a government agency for a district, the Water Resources Department may issue the water right certificate for land not described in the permit if:

�� (a) Water furnished by the district under the permit has been applied beneficially to the land;

�� (c) The certificate does not authorize a greater rate, duty or acreage than is authorized by the terms of the permit, and all other conditions of the permit are satisfied;

�� (d) The inclusion of land not described in the permit will not result in injury to other existing water rights or in enlargement of the right authorized under the permit; and

�� (4) As used in this section:

�� (a) �District� has the meaning given in ORS 540.505.

�� 537.260 Cancellation of permit for failure of proof of completion of appropriation; issuance of limited certificate; contest of issuance of certificate; exception for municipalities. (1) Except as provided under subsection (4) of this section for a permit issued to a municipality, whenever the time within which any appropriation under a permit should have been perfected has expired and the owner of the permit fails or refuses within three months thereafter to submit to the Water Resources Department proof of completion of the appropriation as required by ORS 537.230 and 537.250, the department may, after 60 days� notice by registered mail or by certified mail with return receipt, order the cancellation of the permit. The cancellation shall have the same force and effect as cancellation of a permit in the proceedings provided for in ORS 537.410 to 537.450.

�� (2) The department may determine the extent to which an appropriation has been perfected under any permit at the time of submission of final proof provided for in ORS 537.250, and shall limit the certificate provided for in that section to a description of such appropriation as has been actually perfected to the extent that the water applied for has been actually applied to the beneficial use contemplated in the permit.

�� (3) Any person owning an application, permit or water right certificate subsequent in priority may jointly or severally contest before the department the issuance of the water right certificate at any time before it has issued, and after the time has expired for the completion of the appropriation under the permit, or within three months after issuance of the certificate. The contest shall be brought upon application made, and hearing shall be had in the same manner and after notice as provided in ORS 537.420 for proceedings for cancellation of permits. The department, in a final order, may cancel the permit or determine the extent to which the appropriation claimed thereunder has been perfected, and issue a water right certificate accordingly, or if a certificate has been issued, in the case of a contest within three months after its issuance, the department may cancel the water right certificate, or affirm its issuance, and if the water right certificate in such case is canceled, the permit upon which it is based shall also be canceled.

�� (4) A municipality may partially perfect not less than 25 percent of the water authorized by its permit without loss of priority or cancellation of the municipality�s permit under this section. If a municipality defers perfection of its water right under this section, the department shall issue a certificate under ORS 537.250 only for the amount perfected. Upon perfection of the deferred amount, the municipality shall request a water right certificate for the remaining portion of the water applied for in the original permit application. As used in this section, �municipality� includes a city, a port formed under ORS 777.005 to 777.725 and 777.915 to 777.953, a domestic water supply district formed under ORS chapter 264 or a water authority formed under ORS chapter 450. [Amended by 1983 c.740 �211; 1985 c.673 �38; 1989 c.707 �2; 1991 c.249 �43; 1993 c.577 �35; 1995 c.416 �37]

�� 537.270 Conclusiveness of certificate. A water right certificate issued in accordance with the provisions of ORS

ORS 198.330

198.330 [Formerly 198.110; repealed by 2005 c.22 �147]

DISSOLUTION OF INACTIVE DISTRICTS

�� 198.335 Definitions for ORS 198.335 to 198.365. As used in ORS 198.335 to 198.365, unless the context requires otherwise:

�� (1) �County board� means the board of county commissioners or the county court.

�� (2) �Special district�:

�� (a) Has the meaning given the term �district� in ORS 198.010 (1) to (5), (7) to (24) and (27); and

�� (b) Also means:

�� (A) A diking district organized under ORS chapter 551.

�� (B) A corporation for irrigation, drainage, water supply or flood control organized under ORS chapter 554.

�� (C) A soil and water conservation district organized under ORS 568.210 to 568.808 and 568.900 to 568.933.

�� (D) A weed control district organized under ORS 569.350 to 569.445.

�� (E) A port district organized under ORS chapter 778. [1971 c.267 �5; 2005 c.22 �148; 2007 c.179 �4; 2015 c.560 �11]

�� 198.340 Designation of registered office and agent. (1) A special district shall designate a registered office and a registered agent. The registered agent shall be an agent of the district upon whom any process, notice or demand required or permitted by law to be served upon the district may be served. A registered agent shall be an individual resident of this state whose address is identical with the registered office of the district. The registered office may be, but need not be, the same as the place of business of the special district.

�� (2) The district may change its registered office or change its registered agent, or both, upon filing in the office of the Secretary of State and county clerk of each county in which located a statement setting forth:

�� (a) The name of the district.

�� (b) If the address of its registered office is changed, the address to which the registered office is to be changed.

�� (c) If its registered agent is changed, the name of its successor registered agent.

�� (d) That the address of its registered office and the address of the business office of its registered agent, as changed, will be identical.

�� (e) That such change was authorized by resolution duly adopted by the district board.

�� (3) The statement shall be subscribed and sworn to by the secretary, financial officer or chairperson of the district board. [1971 c.267 �7]

�� 198.345 Effect of failure to file certain reports. (1) If a special district for three consecutive years fails to file a report as required by ORS 294.458 or 297.405 to 297.555 the Secretary of State or the Department of Revenue, as the case may be, shall notify the county board of the county where the district, or the greater portion of the assessed valuation of taxable property in the district, is located.

�� (2) Within 30 days after receiving the notice provided by subsection (1) of this section, the county board shall initiate proceedings to dissolve the special district as provided by ORS 198.345 to 198.365.

�� (3) The county board may appoint three individuals, residents of the district, to assist in locating the assets, debts and records of the district. [1971 c.267 ��8,9; 1977 c.774 �14; 1979 c.286 �1]

�� 198.350 Financial statement. Within 60 days after receiving the notice provided by ORS 198.345 (1), the county board shall prepare a financial statement for the district and file it with the clerk. The financial statement shall include:

�� (1) The date of formation of the district.

�� (2) The date of the last election of officers, if any, and the names of the persons last serving as members of the governing board.

�� (3) The amount of each outstanding bond, coupon and other indebtedness of the district, with a general description of the indebtedness and the name of the holder and owner of each, if known.

�� (4) A description of each parcel of real property and interest in real property owned by the district and, if the property was acquired for delinquent taxes or assessments, the amount of the taxes and assessments on each parcel of property.

�� (5) Uncollected charges, taxes and assessments levied by the district and the amount upon each lot or tract of land.

�� (6) A description of all personal property and of all other assets of the district.

�� (7) The estimated cost of dissolution. [1971 c.267 �10]

�� 198.355 Hearing on dissolution; notice. (1) Upon the filing of the financial statement, the county board of a county not within the jurisdiction of a local government boundary commission shall enter an order calling a hearing on the question of dissolving the district. The hearing shall be called not less than 21 nor more than 30 days after the filing of the statement.

�� (2) Notice of the hearing shall be given by publication once each week for not less than three weeks in a newspaper of general circulation within the district. The notice shall state the time and place of the hearing and that all interested persons may appear and be heard. The notice shall also state that all persons having claims against the district shall present them at the time of the hearing.

�� (3) In a county within the jurisdiction of a local government boundary commission, the county board, within 10 days after the filing of the financial statement, shall file with the boundary commission a resolution requesting dissolution of the district. In a county within the jurisdiction of a boundary commission, subsections (1) and (2) of this section and ORS 198.360 do not apply, and the final order adopted by the commission shall terminate the proceeding for all purposes except those mentioned in ORS 198.365. [1971 c.267 �11; 1983 c.336 �19]

�� 198.360 Continuation or termination of district; proceedings for county service district. (1) After the hearing, if the county board finds that the district is in fact operating as an active district, or that there is need for the district, the board shall continue the hearing until the reports required under ORS 294.458 and 297.405 to 297.555 are properly filed. When the county board finds that the reports have been filed, it may:

�� (a) Enter an order terminating all further proceedings under ORS 198.345 to 198.365; or

�� (b) If the functions of the district could be performed by a county service district, continue the hearing and initiate proceedings to incorporate or annex the area within the district in a county service district organized under ORS 451.410 to

ORS 198.765

198.765, 198.770 and 198.775 apply to petitions for the formation of an irrigation district, except that an economic feasibility statement is not required.

�� (4) The circulator shall certify on each signature sheet that the circulator witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet.

�� (5) A description and map of all of the lands that are included within the proposed district and that will be subject to the charges and assessments of the district, together with the names and mailing addresses of all of the owners of the lands, shall be included in the petition or attached to the petition as an exhibit. Reference to the assessor�s map and tax lot number is sufficient for the description of lands required under this subsection.

�� (6) When the petition for formation is filed with the county court of the principal county, the county court shall set a date for a hearing on the petition. The date set for the hearing shall be not less than 30 days nor more than 50 days after the date on which the petition is filed. The county court shall cause notice of the hearing to be posted in at least three public places in the county and published by two insertions in a newspaper. The notice shall state:

�� (a) The purpose for which the district is to be formed.

�� (b) The name and boundaries of the proposed district.

�� (c) The time and place for the hearing on the petition.

�� (d) That all interested persons may appear and be heard.

�� (7) If the petition is signed by all of the owners of all of the lands that are included within the proposed district and that will be subject to the charges and assessments of the proposed district, publication of the notice of the hearing on the petition is not required. A petition signed by all of the owners of all of the lands that are included within the proposed district and that will be subject to the charges and assessments of the proposed district may also contain the names of persons desired as the members of the first board of directors of the proposed district, the initial term of office of each director and a written statement from each of those persons in which the person agrees to serve as a director of the proposed district.

�� (8) If an elector is not a resident of the district or this state, a legal representative of the owner of land, including an individual acting pursuant to a power of attorney, may sign a formation petition for and on behalf of the owner. [Formerly

ORS 198.855

198.855 and 198.857, land may be annexed to a district as provided in this section.

�� (2) The owner of a parcel of land may petition the county board to annex the land to a district if:

�� (a) The land is surrounded by the district; and

�� (b) The water supply for the land has become inadequate or contaminated, as determined by the local health department, as a result of conditions caused by a wildfire that is the subject of a state of emergency declared by the Governor.

�� (3) The petition must declare that the petition is filed pursuant to this section, state the name of the district and all affected counties, indicate the principal Act of the district, be signed by the owner of the parcel of land and state the conditions that caused the water supply for the land to become inadequate or contaminated.

�� (4) The county board shall immediately approve the petition if the county board determines that:

�� (a) The conditions described in subsection (2) of this section are met;

�� (b) The petition meets the requirements of subsection (3) of this section; and

�� (c) The district, or an independent water supply source of the district, has a water supply sufficient to provide water to the land.

�� (5) If the petition is approved under subsection (4) of this section, the county board shall enter an order describing the boundaries of the land and declaring the land annexed to the district.

�� (6) Subject to the provisions of ORS 264.306 and 264.314, the district, or an independent water supply source of the district, shall provide water to land annexed under this section. [2021 c.546 �2]

�� 264.115 [1953 c.681 �2; 1955 c.213 �1; 1969 c.666 �3; repealed by 1971 c.727 �203]

�� 264.118 [1953 c.681 �3; 1955 c.110 �1; 1969 c.666 �4; repealed by 1971 c.727 �203]

�� 264.120 [Repealed by 1953 c.681 �13]

�� 264.121 [1953 c.681 �4; 1969 c.666 �5; repealed by 1971 c.727 �203]

�� 264.124 [1953 c.681 ��5,7; 1969 c.666 �6; repealed by 1971 c.727 �203]

�� 264.127 [1953 c.681 �6; 1969 c.666 �50; repealed by 1971 c.647 �149 and by 1971 c.727 �203]

�� 264.130 [Repealed by 1953 c.681 �13]

�� 264.140 [Amended by 1955 c.213 �2; repealed by 1971 c.647 �149]

�� 264.142 [1953 c.681 �8; 1969 c.666 �7; repealed by 1971 c.647 �149]

�� 264.144 [1953 c.681 �9; 1969 c.666 �8; repealed by 1971 c.647 �149]

�� 264.148 [1953 c.681 �10; repealed by 1971 c.647 �149 and by 1971 c.727 �263]

�� 264.150 [Repealed by 1953 c.681 �13]

�� 264.154 [1953 c.681 �11; 1969 c.666 �9; repealed by 1971 c.727 �203]

�� 264.156 [1953 c.681 �12; 1969 c.666 �10; repealed by 1971 c.647 �149 and by 1971 c.727 �203]

�� 264.160 [Amended by 1969 c.666 �11; repealed by 1971 c.727 �203]

�� 264.170 [Amended by 1955 c.676 �1; 1961 c.369 �1; 1969 c.666 �12; repealed by 1971 c.647 �149]

�� 264.180 [1955 c.676 �4; 1969 c.666 �13; repealed by 1971 c.647 �149 and by 1971 c.727 �203]

�� 264.190 [Formerly 264.415; repealed by 1983 c.350 �331a]

POWERS

�� 264.210 General powers of district. A district formed under this chapter shall have the power to make contracts, hold and receive and dispose of real and personal property within and without its described boundaries and do all other acts and things which may be requisite, necessary or convenient in carrying out the objects of the district or exercising the powers conferred upon it by this chapter, sue and be sued, plead and be impleaded in all actions and suits or other proceedings brought by or against it. [Amended by 1969 c.666 �51; 1971 c.727 �79]

�� 264.220 Disposal of taxes levied when organization declared invalid. When an attempt has been made to organize a district under the provisions of this chapter and subsequently by a judgment of a court of competent jurisdiction it has been declared that the organization is invalid, but prior to such judgment the invalid organization has levied taxes, the funds derived from the levy shall be disposed of as follows:

�� (1) If the area embraced in the invalid organization is embraced in a subsequently created organization composed of unincorporated or incorporated territory, or combinations thereof, for the purpose of furnishing domestic water to the inhabitants thereof, the custodian of the taxes collected for the invalid organization shall turn them over to the subsequent organization to be used only for the purpose of furnishing domestic water to such inhabitants.

�� (2) If the subsequent organization does not embrace all territory embraced in the invalid organization, such taxes as have been collected from the levy upon property in areas not embraced in the subsequent organization shall be refunded to the payers thereof by the custodian of the taxes before the balance is turned over to the subsequent organization.

�� (3) If no such subsequent organization is created to provide domestic water for the inhabitants of such an area, within a period of two years after the entry of the judgment of invalidation, the taxes collected shall be refunded by the custodian of them to the taxpayers who paid them. [Amended by 2003 c.576 �409]

�� 264.230 [Amended by 1969 c.666 �52; repealed by 1971 c.727 �203]

�� 264.240 Eminent domain authority; acquisition of property and property rights; obtaining or laying water pipelines. A domestic water supply district created under this chapter may exercise the power of eminent domain both inside and outside of its boundaries, and may purchase, sell, condemn and appropriate real property, water, water rights and riparian rights. A district also has the right to purchase or obtain from other local governments as defined in ORS 174.116, water or water rights, or an interest in water or water rights, or an interest in a water pipeline owned or operated by any such local government, or to obtain jointly with any such local government, any right, or to lay and own individually or jointly with any local government, any water pipeline for the purposes specified in ORS 264.110. [Amended by 1969 c.666 �53; 2003 c.802 �82]

�� 264.250 Authority to borrow money and issue general obligation bonds; place of payment. (1) For the purpose of carrying into effect all or any powers granted by this chapter, the district, when authorized at any properly called election held for that purpose, may borrow money and sell and dispose of general obligation bonds. Except as otherwise provided by this section, the bonds shall never exceed in the aggregate two and one-half percent of the real market value of all taxable property within the boundaries of the district, computed in accordance with ORS 308.207.

�� (2) The bonds shall be issued from time to time by the board of commissioners in behalf of the district as authorized by the electors. The bonds shall mature serially within not to exceed 30 years from issue date, and shall bear such rate of interest, payable semiannually, as the board shall determine. The bonds shall be so conditioned that the district agrees to pay to the bearer, at a place named, the principal sum of the bonds with interest at the rate named, payable semiannually in accordance with the tenor and terms of the interest coupons attached.

�� (3) If the district has within its boundaries a population of 300 or over, it may issue bonds in an amount that does not exceed in the aggregate 10 percent of the real market value referred to in subsection (1) of this section.

�� (4) For the purpose of providing additional security for the payment of the principal and interest on general obligation bonds issued under this section, the district may, by resolution of its board, pledge all or any part of the net revenue of its water system as provided in ORS chapter 287A. [Amended by 1963 c.9 �6; 1963 c.318 �1; 1969 c.666 �14; 1969 c.694 �4; 1971 c.36 �1; 1977 c.188 �2; 1981 c.94 �14; 1983 c.347 �18; 1991 c.459 �358; 2001 c.215 �2; 2003 c.802 �83; 2009 c.538 �1]

�� 264.260 Issuance of revenue bonds. In addition to the authority to issue general obligation bonds, the district, when authorized at any properly called election, shall have the power to sell and dispose of revenue bonds, and to pledge as security therefor all or any part of the unobligated net revenue of the district or system, to purchase, acquire, lay out, construct, reconstruct, extend, enlarge or improve a water system, or to install hydrants for fire protection along its mains, or to perform any of those acts in combination, for the purpose of obtaining water for the domestic use of consumers, or for fire protection, or both, within or without the boundaries of the district. The revenue bonds shall be issued in the same manner and form as are general obligation bonds of the district, but they shall be payable, both as to principal and interest, from revenues only, as specified by this section. The revenue bonds shall not be subject to the percentage limitation applicable to general obligation bonds and shall not be a lien upon any of the taxable property within the boundaries of such district, but shall be payable solely from such part of the revenues of the district as remain after payment of obligations having a priority and of all expenses of operation and maintenance of the district, including any taxes levied against it. All revenue bonds shall contain a clause reciting that both the principal and interest are payable solely from operating revenues of the district remaining after paying such obligations and expenses. [Amended by 1969 c.666 �15; 2003 c.802 �84]

�� 264.270 Issuance of refunding bonds. Refunding bonds of the same character and tenor as those replaced thereby may be issued pursuant to a resolution duly adopted by the board of commissioners without submitting to the electors the question of authorizing the issuance of such bonds. [Amended by 1969 c.666 �16]

�� 264.280 Bond sale procedure. All general obligation and revenue bonds, including refunding bonds, issued under ORS 264.250 to 264.270 shall be advertised and sold in the manner prescribed in ORS chapter 287A for the sale of bonds of cities of this state. [Amended by 2009 c.538 �11]

�� 264.290 [Amended by 1969 c.666 �17; repealed by 1971 c.647 �149]

�� 264.300 Tax assessment, levy and collection. (1) A district may assess, levy and collect taxes in an amount each year not to exceed one-fourth of one percent (0.0025) of the real market value of all taxable property within the limits of the district, computed in accordance with ORS 308.207. The proceeds of the tax shall be applied by it in carrying out the objects and purposes of ORS 264.110, 264.210 to 264.280 and 264.330 and for the purpose of financing the employees� retirement system.

�� (2) A district may annually also assess, levy and collect a special tax upon all such property in an amount sufficient to pay the yearly interest on bonds theretofore issued by the district and then outstanding, together with any portion of the principal of such bonds maturing within the year. The special tax shall be applied only in payment of interest and principal of bonds issued by the district, but the district may apply any funds it may have toward payment of principal and interest of any such bonds.

�� (3) Taxes shall be levied in each year and returned to the county officer whose duty it is to extend the tax roll by the time required by law for city taxes to be levied and returned.

�� (4) Taxes levied by the district shall become payable at the same time and be collected by the same officer who collects county taxes, and the proceeds shall be turned over to the district according to law. The county officer whose duty it is to extend the county levy shall extend the levy of the district in the same manner as city taxes are extended.

�� (5) Property is subject to sale for nonpayment of taxes levied by the district in like manner and with like effect as in the case of county and state taxes. [Amended by 1963 c.9 �7; 1965 c.348 �6; 1969 c.666 �54; 1969 c.694 �5; 1971 c.36 �2; 1991 c.459 �359; 2001 c.215 �3]

�� 264.306 Regulations concerning use of water and district property; shutoff of water for noncompliance; notice. (1) Any district may adopt and promulgate regulations concerning the use of water and the property of the district. The board of commissioners may refuse to supply any building, place or premises with water where the user fails after five days� written notice to comply with the regulations. The written notice shall be by first-class mail or shall be posted in some conspicuous place on the building, place or premises to which the supply of water may be shut off. When the notice is mailed, it shall be deemed given when it is deposited in the United States Post Office properly addressed with postage prepaid.

�� (2) Whenever the household supply of water is being jeopardized by nonhousehold use of water, the district can order the nonhousehold use of water to be immediately discontinued. For the purposes of this subsection, nonhousehold use includes irrigation of lawns or fields. [1953 c.660 �3; 1969 c.666 �18; 1991 c.249 �20; 1991 c.250 �1]

�� 264.308 Requiring cash deposits of water users. Any district may require a reasonable cash deposit to insure payment for the use or rent of water to be furnished by the district. [1953 c.660 �1; 1969 c.666 �19]

�� 264.310 Rates for water furnished; contracts to sell surplus water. A district shall charge consumers for the water furnished and fix and collect the rates therefor. Rates charged may be fixed and classified according to the type of use and according to the amount of water used. Any contract entered into by a district with persons other than domestic users shall provide for immediate cancellation whenever no surplus supply of water exists over and above any and all demands of domestic users. A district also may contract with any person, or enter into intergovernmental agreements under ORS chapter 190, to supply, furnish and sell surplus water on such terms and conditions and at such rates as the board of commissioners considers advisable. [Amended by 1969 c.666 �55; 2003 c.802 �85]

�� 264.312 Increasing water rates; hearing; notice. (1) Whenever any increase is proposed in the existing rates charged water consumers by a district pursuant to ORS 264.310, the board of commissioners shall first provide for a public hearing on such proposal before any increased rates are ordered into effect.

�� (2) The public hearing required under subsection (1) of this section shall be held at a place designated by the board after notice thereof has been given by inclusion of a notice of the public hearing in either the water bills or a special mailing sent to consumers by the district during the period of 30 days prior to the date of the hearing. [1961 c.685 ��2,3; 1969 c.666 �20; 1979 c.328 �5]

�� 264.314 Shutting off water if delinquent in payment of water bill. In case prompt payment of water rent or charge is not made, a district may shut off the water supply to the building, place or premises to which the district supplied the water. [1953 c.660 �2; 1969 c.666 �56]

�� 264.320 Refund of cost of water main extension. If any person is required by a district to pay the cost of extending a water main adjacent to property other than the person�s own so that water service for domestic use is provided for such other property without further extension of the water main, the district shall require the owner of the other property, prior to providing water service to that property, to refund to the person required to pay the cost of extending the water main, a pro rata portion of the cost of the extension. The right to require such refund shall not continue for more than 10 years after the date of installation of the extension of the water main. The amount to be refunded shall be determined by the district and such determination shall be final. [Amended by 1969 c.666 �21]

�� 264.330 Hydrants for fire protection; regulations; rates. Any district may install hydrants for fire protection along its mains at such points as its board of commissioners may determine, and furnish water for such purpose. The board shall establish, from time to time, regulations governing such installations, and furnishing of water therefrom and any rates and charges thereon. No equipment other than the hydrants and water therefor shall be furnished at the general expense. [Amended by 1969 c.666 �22]

�� 264.335 Authority to exercise powers of sanitary district. In addition to the other powers granted to districts under this chapter, after holding a public hearing on the question, a district may exercise the powers granted to sanitary districts under ORS 450.005 to 450.245 if:

�� (1) The district obtains all or part of its supply of water from a watershed and:

�� (a) The watershed is located in a sole-source aquifer designated prior to September 29, 1991, by the United States Environmental Protection Agency under the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

�� (b) The watershed is recognized under rules of the Environmental Quality Commission as a watershed requiring protection from contamination in order to maintain high water quality; or

�� (c) The district adopts a resolution declaring that the health of the residents of the district or the general public interest requires the district to protect the water quality of the watershed; and

�� (2) The district obtains written consent to its exercise of such powers from any sanitary district or other service provider that has been providing sanitary service to territory that will be served by the district pursuant to such exercise. [1991 c.665 �2; 2005 c.22 �191; 2009 c.11 �25; 2025 c.214 �1]

�� 264.336 Exercise of sanitary district powers in territory covered by 2020 major disaster declaration related to wildfires. Notwithstanding ORS 264.335, a district may exercise the powers granted to sanitary districts under ORS 450.005 to 450.245 if:

�� (1) The district meets the requirements of ORS 264.335 (1), (3) and (4) (2023 Edition);

�� (2) Any part of the territory of the district is covered by the major disaster declaration related to wildfires requested by the Governor on September 14, 2020, and approved by the President of the United States on September 15, 2020; and

�� (3) The district is adjacent to a river that serves as a source of drinking water for a metropolitan area with a population greater than 100,000. [2021 c.284 �2; 2025 c.214 �2]

�� 264.340 Purchase and maintenance of fire equipment; contracting for fire protection; elections to authorize; tax levy to defray expense; application of section. (1) Any district, when authorized by the electors as provided by this subsection, may purchase fire apparatus and equipment and maintain, service and operate the same, and may enter into intergovernmental agreements under ORS chapter 190 for fire protection for its inhabitants, or do either or any combination of the foregoing. Such power shall only be given the board of commissioners by a majority of the votes cast by electors of the district at a special election called for such purpose by the board.

�� (2)(a) When the power is so granted, the board of commissioners may levy a tax not exceeding three-twentieths of one percent (0.0015) of the real market value of all taxable property within the boundaries of the district, computed in accordance with ORS 308.207 for defraying the expense of providing, maintaining, operating and servicing such fire apparatus and equipment, and of intergovernmental agreements for the protection of its inhabitants from fire.

�� (b) Upon approval of the majority of the votes cast by electors of the district at a special election called for that purpose by the board of commissioners, the district may levy a special tax for defraying such expenses not to exceed four-tenths of one percent (0.0040) of the real market value of the taxable property in the district referred to in paragraph (a) of this subsection.

�� (3) This section shall not apply to any district which on July 16, 1949, was wholly or partially within any legally organized rural fire protection district. [Amended by 1955 c.163 �1; 1963 c.9 �8; 1963 c.318 �2; 1969 c.666 �23; 1983 c.542 �1; 1991 c.459 �360; 2003 c.802 �86]

�� 264.342 Adoption of fire prevention code. A district which has provided fire protection under ORS 264.340 may, in accordance with ORS 198.510 to 198.600, adopt a fire prevention code. [1953 c.206 �1; 1969 c.666 �24; 1971 c.268 �23; 1971 c.647 �39]

�� 264.344 Scope of fire prevention code. The fire prevention code referred to in ORS 264.342 may provide reasonable regulations relating to:

�� (1) Prevention of fires.

�� (2) Storage and use of combustibles and explosives.

�� (3) Construction, maintenance and regulation of fire escapes.

�� (4) Means and adequacy of exit in case of fires in factories, asylums, hospitals, churches, schools, halls, theaters, amphitheaters, all buildings, except private residences, which are occupied for sleeping purposes, and all other places where large numbers of persons work, live or congregate from time to time for any purpose.

�� (5) Requiring the issuance of permits by an officer designated by the board of commissioners before burning trash or waste materials.

�� (6) Providing for the inspection of premises by officers designated by the board of commissioners, and requiring the removal of fire hazards found on premises at such inspections. [1953 c.206 �2]

�� 264.346 Violation of code or failure to remove hazards prohibited. When a fire prevention code has been adopted as provided in ORS 264.342, no person shall violate the provisions of the code or fail to remove hazards found on inspection within the time set by the inspecting officer, after written notice to either the owner or occupant of such premises, or burn waste materials or trash in an unguarded manner without a permit, if a permit is required by the code. [1953 c.206 �3]

�� 264.348 Copies of code to be filed with Department of State Fire Marshal and posted at fire stations. Copies of the fire prevention code referred to in ORS 264.342 shall be filed with the Department of the State Fire Marshal and a copy shall be posted at each fire station within the domestic water supply district. [1953 c.206 �4; 2003 c.802 �87; 2021 c.539 �110]

�� 264.349 Revoking authority to furnish fire protection services; consequences. (1) The authority of a district to furnish fire protection service under ORS 264.340 may be revoked by a majority vote of the electors voting at a special election called for that purpose.

�� (2) Upon revocation of the authority of a district to furnish fire protection service under ORS 264.340:

�� (a) The board of commissioners may determine the disposition to be made of any fire apparatus and equipment owned, maintained, serviced or operated by the district.

�� (b) The fire prevention code adopted pursuant to ORS 264.342 is repealed.

�� (3) Revocation of the authority of a district to furnish fire protection service under ORS

ORS 199.462

199.462 or the procedural rules of the commission, the boundary commission, by order, shall disapprove the annexation plan and return the plan to the governing body of the city or district. The order of the boundary commission that disapproves an annexation plan shall describe with particularity the provisions of the annexation plan that do not comply with ORS 195.220, 199.462 or the procedural rules of the commission and shall specifically indicate the reasons for noncompliance.

�� (3) The governing body of the city or district, upon receiving an order of the boundary commission that disapproves an annexation plan, may amend the plan and resubmit the amended plan to the boundary commission.

�� (4) After a boundary commission reviews an annexation plan, the annexation plan shall be submitted to the electors of the city or district and affected territory as provided in ORS 195.205.

�� (5) Notwithstanding ORS chapter 199, annexations provided for in an annexation plan approved by the electors of a city or district and affected territory do not require the approval of a local government boundary commission.

�� (6) A city or district shall submit an annexation plan approved by the electors and a copy of the resolution, ordinance, order or proclamation proclaiming an annexation under an approved annexation plan to the local government boundary commission filing with the Secretary of State, Department of Revenue, assessor and county clerk of each county in which the affected territory is located. [1993 c.804 �17]

�� 195.235 Application of other annexation procedures. The method of annexing territory to cities or districts set forth in ORS 195.205 to 195.225 is in addition to and does not affect or prohibit other methods of annexation authorized by law. [1993 c.804 �18]

LANDSLIDE HAZARD AREAS

�� 195.250 Definitions for ORS 195.250 to 195.260. As used in ORS 195.250 to 195.260:

�� (1) �Further review area� means an area of land within which further site specific review should occur before land management or building activities begin because either the State Department of Geology and Mineral Industries or the State Forestry Department determines that the area reasonably could be expected to include sites that experience rapidly moving landslides as a result of excessive rainfall.

�� (2) �Landslide� means any detached mass of soil, rock or debris that is of sufficient size to cause damage and that moves down a slope or a stream channel.

�� (3) �Rapidly moving landslide� means a landslide that is difficult for people to outrun or escape. [1999 c.1103 �1]

�� Note: 195.250 to 195.260 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 195.253 Policy. The Legislative Assembly declares that it is the policy of the State of Oregon that:

�� (1) Each property owner, each highway user and all federal, state and local governments share the responsibility for making sound decisions regarding activities that may affect landslide hazards and the associated risks of property damage or personal injury.

�� (2) In keeping with the concept of shared responsibility where individuals are primarily responsible for making sound decisions to protect personal interests, regulation applied pursuant to ORS 195.250 to 195.260 shall be restricted to reducing the risk of serious bodily injury or death that may result from rapidly moving landslides.

�� (3) In recognition of the need for consistent treatment and coordination of actions relating to rapidly moving landslides and because of the potential for serious bodily injury or death as a result of rapidly moving landslides and the effect of rapidly moving landslides on the ability of people to use their property, ORS 195.250 to 195.260 shall be regarded as the controlling policy of this state for rapidly moving landslides. [1999 c.1103 �2]

�� Note: See note under 195.250.

�� 195.256 Legislative findings. The Legislative Assembly finds that:

�� (1) Many locations in Oregon are subject to naturally occurring landslide hazards, and some human activities may accelerate the incidence or increase the adverse effects of those hazards.

�� (2) Rapidly moving landslides present the greatest risk to human life, and persons living in or traveling through areas prone to rapidly moving landslides are at increased risk of serious bodily injury or death.

�� (3) Although some risk from rapidly moving landslides can be mitigated through proper siting and construction techniques, sites that are vulnerable to impact from rapidly moving landslides are generally unsuitable for permanent habitation.

�� (4) Activities that require sound decisions to mitigate rapidly moving landslide hazards and risks include but are not limited to:

�� (a) Siting or constructing homes or other structures in areas prone to rapidly moving landslides;

�� (b) Occupying existing homes or other structures in areas prone to rapidly moving landslides during periods of high risk due to heavy or extended rainfall;

�� (c) Conducting land management activities that may adversely alter the susceptibility of land to rapidly moving landslides; and

�� (d) Operating motor vehicles in areas known to be subject to rapidly moving landslides. [1999 c.1103 �3]

�� Note: See note under 195.250.

�� 195.260 Duties of local governments, state agencies and landowners in landslide hazard areas. (1) In order to reduce the risk of serious bodily injury or death resulting from rapidly moving landslides, a local government:

�� (a) Shall exercise all available authority to protect the public during emergencies, consistent with ORS 401.032.

�� (b) May require a geotechnical report and, if a report is required, shall provide for a coordinated review of the geotechnical report by the State Department of Geology and Mineral Industries or the State Forestry Department, as appropriate, before issuing a building permit for a site in a further review area.

�� (c) Except those structures exempt from building codes under ORS 455.310 and 455.315, shall amend its land use regulations, or adopt new land use regulations, to regulate the siting of dwellings and other structures designed for human occupancy, including those being restored under ORS 215.130 (6), in further review areas where there is evidence of substantial risk for rapidly moving landslides. All final decisions under this paragraph and paragraph (b) of this subsection are the responsibility of the local government with jurisdiction over the site. A local government may not delegate such final decisions to any state agency.

�� (d) May deny a request to issue a building permit if a geotechnical report discloses that the entire parcel is subject to a rapidly moving landslide or that the subject lot or parcel does not contain sufficient buildable area that is not subject to a rapidly moving landslide.

�� (e) Shall maintain a record, available to the public, of properties for which a geotechnical report has been prepared within the jurisdiction of the local government.

�� (2) A landowner allowed a building permit under subsection (1)(c) of this section shall sign a statement that shall:

�� (a) Be recorded with the county clerk of the county in which the property is located, in which the landowner acknowledges that the landowner may not in the future bring any action against an adjacent landowner about the effects of rapidly moving landslides on or adjacent to the landowner�s property; and

�� (b) Record in the deed records for the county where the lot or parcel is located a nonrevocable deed restriction that the landowner signs and acknowledges, that contains a legal description complying with ORS 93.600 and that prohibits any present or future owner of the property from bringing any action against an adjacent landowner about the effects of rapidly moving landslides on or adjacent to the property.

�� (3) Restrictions on forest practices adopted under ORS 527.710 (10) do not apply to risk situations arising solely from the construction of a building designed for human occupancy in a further review area on or after October 23, 1999.

�� (4) The following state agencies shall implement the following specific responsibilities to reduce the risk of serious bodily injury or death resulting from rapidly moving landslides:

�� (a) The State Department of Geology and Mineral Industries shall:

�� (A) Identify and map further review areas selected in cooperation with local governments and in coordination with the State Forestry Department, and provide technical assistance to local governments to facilitate the use and application of this information pursuant to subsection (1)(b) of this section; and

�� (B) Provide public education regarding landslide hazards.

�� (b) The State Forestry Department shall regulate forest operations to reduce the risk of serious bodily injury or death from rapidly moving landslides directly related to forest operations, and assist local governments in the siting review of permanent dwellings on and adjacent to forestlands in further review areas pursuant to subsection (1)(b) of this section.

�� (c) The Land Conservation and Development Commission may take steps under its existing authority to assist local governments to appropriately apply the requirements of subsection (1)(c) of this section.

�� (d) The Department of Transportation shall provide warnings to motorists during periods determined to be of highest risk of rapidly moving landslides along areas on state highways with a history of being most vulnerable to rapidly moving landslides.

�� (e) The Oregon Department of Emergency Management shall coordinate state resources for rapid and effective response to landslide-related emergencies.

�� (5) Notwithstanding any other provision of law, any state or local agency adopting rules related to the risk of serious bodily injury or death from rapidly moving landslides shall do so only in conformance with the policies and provisions of ORS 195.250 to 195.260.

�� (6) No state or local agency may adopt or enact any rule or ordinance for the purpose of reducing risk of serious bodily injury or death from rapidly moving landslides that limits the use of land that is in addition to land identified as a further review area by the State Department of Geology and Mineral Industries or the State Forestry Department pursuant to subsection (4) of this section.

�� (7) Except as provided in ORS 527.710 or in Oregon�s ocean and coastal land use planning goals, no state agency may adopt criteria regulating activities for the purpose of reducing risk of serious bodily injury or death from rapidly moving landslides on lands subject to the provisions of ORS 195.250 to 195.260 that are more restrictive than the criteria adopted by a local government pursuant to subsection (1)(c) of this section. [1999 c.1103 �4; 2003 c.141 �1; 2003 c.740 �8; 2007 c.740 �37; 2021 c.539 �26]

�� Note: See note under 195.250.

�� 195.263 [1999 c.1103 �5; repealed by 2003 c.141 �2]

�� 195.266 [1999 c.1103 �6; repealed by 2003 c.141 �2]

�� 195.270 [1999 c.1103 �7; repealed by 2003 c.141 �2]

�� 195.275 [1999 c.1103 �9; repealed by 2003 c.141 �2]

JUST COMPENSATION FOR LAND USE REGULATION

�� 195.300 Definitions for ORS 195.300 to 195.336. As used in this section and ORS 195.301 and 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, and sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010:

�� (1) �Acquisition date� means the date described in ORS 195.328.

�� (2) �Claim� means a written demand for compensation filed under:

�� (a) ORS 195.305, as in effect immediately before December 6, 2007; or

�� (b) ORS 195.305 and 195.310 to 195.314, as in effect on and after December 6, 2007.

�� (3) �Enacted� means enacted, adopted or amended.

�� (4) �Fair market value� means the value of property as determined under ORS 195.332.

�� (5) �Farming practice� has the meaning given that term in ORS 30.930.

�� (6) �Federal law� means:

�� (a) A statute, regulation, order, decree or policy enacted by a federal entity or by a state entity acting under authority delegated by the federal government;

�� (b) A requirement contained in a plan or rule enacted by a compact entity; or

�� (c) A requirement contained in a permit issued by a federal or state agency pursuant to a federal statute or regulation.

�� (7) �File� means to submit a document to a public entity.

�� (8) �Forest practice� has the meaning given that term in ORS 527.620.

�� (9) �Ground water restricted area� means an area designated as a critical ground water area or as a ground water limited area by the Water Resources Department or Water Resources Commission before December 6, 2007.

�� (10) �High-value farmland� means:

�� (a) High-value farmland as described in ORS 215.710 that is land in an exclusive farm use zone or a mixed farm and forest zone, except that the dates specified in ORS 215.710 (2), (4) and (6) are December 6, 2007.

�� (b) Land west of U.S. Highway 101 that is composed predominantly of the following soils in Class III or IV or composed predominantly of a combination of the soils described in ORS 215.710 (1) and the following soils:

�� (A) Subclassification IIIw, specifically Ettersburg Silt Loam and Croftland Silty Clay Loam;

�� (B) Subclassification IIIe, specifically Klooqueth Silty Clay Loam and Winchuck Silt Loam; and

�� (C) Subclassification IVw, specifically Huffling Silty Clay Loam.

�� (c) Land that is in an exclusive farm use zone or a mixed farm and forest zone and that on June 28, 2007, is:

�� (A) Within the place of use for a permit, certificate or decree for the use of water for irrigation issued by the Water Resources Department;

�� (B) Within the boundaries of a district, as defined in ORS 540.505; or

�� (C) Within the boundaries of a diking district formed under ORS chapter 551.

�� (d) Land that contains not less than five acres planted in wine grapes.

�� (e) Land that is in an exclusive farm use zone and that is at an elevation between 200 and 1,000 feet above mean sea level, with an aspect between 67.5 and 292.5 degrees and a slope between zero and 15 percent, and that is located within:

�� (A) The Southern Oregon viticultural area as described in 27 C.F.R. 9.179;

�� (B) The Umpqua Valley viticultural area as described in 27 C.F.R. 9.89; or

�� (C) The Willamette Valley viticultural area as described in 27 C.F.R. 9.90.

�� (f) Land that is in an exclusive farm use zone and that is no more than 3,000 feet above mean sea level, with an aspect between 67.5 and 292.5 degrees and a slope between zero and 15 percent, and that is located within:

�� (A) The portion of the Columbia Gorge viticultural area as described in 27 C.F.R. 9.178 that is within the State of Oregon;

�� (B) The Rogue Valley viticultural area as described in 27 C.F.R. 9.132;

�� (C) The portion of the Columbia Valley viticultural area as described in 27 C.F.R. 9.74 that is within the State of Oregon;

�� (D) The portion of the Walla Walla Valley viticultural area as described in 27 C.F.R. 9.91 that is within the State of Oregon; or

�� (E) The portion of the Snake River Valley viticultural area as described in 27 C.F.R. 9.208 that is within the State of Oregon.

�� (11) �High-value forestland� means land:

�� (a) That is in a forest zone or a mixed farm and forest zone, that is located in western Oregon and composed predominantly of soils capable of producing more than 120 cubic feet per acre per year of wood fiber and that is capable of producing more than 5,000 cubic feet per year of commercial tree species; or

�� (b) That is in a forest zone or a mixed farm and forest zone, that is located in eastern Oregon and composed predominantly of soils capable of producing more than 85 cubic feet per acre per year of wood fiber and that is capable of producing more than 4,000 cubic feet per year of commercial tree species.

�� (12) �Home site approval� means approval of the subdivision or partition of property or approval of the establishment of a dwelling on property.

�� (13) �Just compensation� means:

�� (a) Relief under sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, for land use regulations enacted on or before January 1, 2007; and

�� (b) Relief under ORS 195.310 to 195.314 for land use regulations enacted after January 1, 2007.

�� (14) �Land use regulation� means:

�� (a) A statute that establishes a minimum lot or parcel size;

�� (b) A provision in ORS 227.030 to 227.300, 227.350, 227.400, 227.450 or 227.500 or in ORS chapter 215 that restricts the residential use of private real property;

�� (c) A provision of a city comprehensive plan, zoning ordinance or land division ordinance that restricts the residential use of private real property zoned for residential use;

�� (d) A provision of a county comprehensive plan, zoning ordinance or land division ordinance that restricts the residential use of private real property;

�� (e) A provision, enacted or adopted on or after January 1, 2010, of:

�� (A) The Oregon Forest Practices Act;

�� (B) An administrative rule of the State Board of Forestry; or

�� (C) Any other law enacted, or rule adopted, solely for the purpose of regulating a forest practice;

�� (f) ORS 561.191, a provision of ORS 568.900 to 568.933 or an administrative rule of the State Department of Agriculture that implements ORS 561.191 or 568.900 to 568.933;

�� (g) An administrative rule or goal of the Land Conservation and Development Commission; or

�� (h) A provision of a Metro functional plan that restricts the residential use of private real property.

�� (15) �Lawfully established unit of land� has the meaning given that term in ORS 92.010.

�� (16) �Lot� has the meaning given that term in ORS 92.010.

�� (17) �Measure 37 permit� means a final decision by Metro, a city or a county to authorize the development, subdivision or partition or other use of property pursuant to a waiver.

�� (18) �Owner� means:

�� (a) The owner of fee title to the property as shown in the deed records of the county where the property is located;

�� (b) The purchaser under a land sale contract, if there is a recorded land sale contract in force for the property; or

�� (c) If the property is owned by the trustee of a revocable trust, the settlor of a revocable trust, except that when the trust becomes irrevocable only the trustee is the owner.

�� (19) �Parcel� has the meaning given that term in ORS 92.010.

�� (20) �Property� means the private real property described in a claim and contiguous private real property that is owned by the same owner, whether or not the contiguous property is described in another claim, and that is not property owned by the federal government, an Indian tribe or a public body, as defined in ORS

ORS 205.990

205.990�� Penalties

GENERAL PROVISIONS

�� 205.010 Definitions. (1) As used in the statutes of this state in reference to a chattel mortgage and action by the appropriate recording officer, �record,� �recorded� and �recording� mean �record or file,� �recorded or filed� or �recording or filing,� as the context requires.

�� (2) As used in this chapter:

�� (a) �Person� means an individual, organization, corporation, government, governmental subdivision or agency, business trust, partnership or association, two or more persons having a joint or common interest or any other legal or commercial entity.

�� (b) �Text� includes the words contained in the body of an instrument to be recorded and the names of the transactions contained in the instrument. The term does not include instructions for completing the instrument, form numbers or statutory references.

�� (c) �Transaction� means an action, including but not limited to a transfer, encumbrance or release affecting title to or an interest in real property, that is required or permitted by state law or rule or federal law or regulation to be recorded. [Amended by 1991 c.230 �10; 1993 c.321 �1; 2001 c.713 �1; 2005 c.82 �1; 2009 c.294 �17]

POWERS AND DUTIES

�� 205.110 General powers and duties of county clerk. (1) The county clerk in each county shall keep and maintain the records of the county governing body.

�� (2) The county clerk of any county in which the county court has judicial functions shall, for the county court:

�� (a) Keep the seal of the court, and affix it in all cases required by law.

�� (b) Record the proceedings of the court.

�� (c) Keep the records, files, books and papers pertaining to the court.

�� (d) File all papers delivered to the clerk for that purpose in any action or proceeding in the court.

�� (e) Attend the terms of the court, administer oaths and receive the verdict of a jury in any action or proceeding therein, in the presence and under the direction of the court.

�� (f) Under the direction of the court enter its orders and judgments.

�� (g) Authenticate, by certificate or transcript, as may be required, the records, files or proceedings of the court, or any paper pertaining thereto, and filed with the clerk.

�� (h) Exercise the powers and perform the duties conferred upon the clerk by statute.

�� (i) In the performance of duties pertaining to the court, conform to the direction of the court.

�� (3) The county clerk may take and certify the proof and acknowledgment of a conveyance of real property or any other written instrument authorized or required to be proved or acknowledged. [1977 c.594 �2; 1981 s.s. c.3 �39; 1983 c.327 �5; 1985 c.540 �40; 1991 c.230 �11]

�� 205.120 [Repealed by 1959 c.552 �16]

�� 205.125 County Clerk Lien Record; contents; effect. (1) The County Clerk Lien Record maintained under ORS 205.130 shall contain the following information for each order or warrant recorded:

�� (a) The name of any person subject to the order or warrant.

�� (b) The name of the officer and the agency that issued the order or warrant or the name of the complainant or claimant in whose favor an order of the Construction Contractors Board or State Landscape Contractors Board has been given. The name of the agency or board that issued the order or warrant must be clearly printed on the order or warrant.

�� (c) The amount of any monetary obligation imposed by the order or warrant, and the names of all persons against whom the obligation is imposed.

�� (d) The date on which the order or warrant was received and recorded.

�� (e) Full or partial satisfaction, if any, of any lien claim created by the order or warrant.

�� (f) County Clerk Lien Record instruments filed under ORS 205.130 (3)(c)(A) shall be on official letterhead and include the seals, if any, of the officers and agencies.

�� (g) Such other information as may be considered necessary by the county clerk.

�� (2) From the date that an order or warrant is recorded in the County Clerk Lien Record, the order or warrant shall have the attributes and effect of a judgment that has been entered in the register of the circuit court for that county, including but not limited to the creation of a judgment lien for any monetary obligation in favor of the officer or agency issuing the order or warrant or in favor of the complainant or claimant in the proceedings before the Construction Contractors Board or State Landscape Contractors Board, renewal and enforcement by supplementary proceedings, writs of execution, notices of garnishment and writs of garnishment.

�� (3) From the date that an order or warrant imposing a monetary obligation is recorded in the County Clerk Lien Record, the order or warrant becomes a lien upon the title to and interest in property of the person against whom it is issued in the same manner as a judgment that creates a judgment lien under ORS chapter 18.

�� (4) In addition to any other remedy provided by law, orders and warrants recorded in the County Clerk Lien Record may be enforced as provided in ORS 205.126. [1983 c.696 �1; 1985 c.343 �10; 1987 c.586 �30; 1989 c.706 �2; 1997 c.387 �1; 1999 c.153 �5; 1999 c.654 �13; 2003 c.576 �194; 2007 c.793 �4]

�� 205.126 Enforcement of order or warrant recorded in County Clerk Lien Record; renewal of order or warrant; notice of renewal. (1) At any time after recording an order or warrant in the County Clerk Lien Record, a complainant or claimant or an attorney for an agency, complainant or claimant may file in the circuit court for the county where the order or warrant is recorded, a copy of the original order or warrant certified by the agency to be a true copy of original, and an affidavit of the complainant, claimant or attorney verifying that the order or warrant was recorded in the County Clerk Lien Record for that county, the date that the order or warrant was recorded and the date on which any notice of renewal was recorded under subsection (2) of this section. Subject to any other requirements that may apply to the enforcement remedy sought by the agency, complainant or claimant, proceedings may thereafter be commenced by the agency, complainant or claimant for the enforcement of the order or warrant, in the same manner as provided for the enforcement of judgments issued by a court. Enforcement proceedings may include:

�� (a) Writ of execution proceedings under ORS 18.252 to 18.993.

�� (b) Proceedings in support of execution under ORS 18.265, 18.268 and 18.270.

�� (c) Garnishment proceedings under ORS 18.600 to 18.850.

�� (2) At any time within 10 years after the recording of an order or warrant, an agency, complainant or claimant, acting with or without the assistance of an attorney, may renew an order or warrant by recording a notice of renewal in the County Clerk Lien Record. A notice of renewal recorded within the time specified by this subsection has the attributes and effect of an extension of judgment remedies noted in the register under ORS 18.182, from the date that the notice is recorded. A notice of renewal recorded under this section must state:

�� (a) The name of the agency that issued the order or warrant or the name of the complainant or claimant in whose favor an order of the Construction Contractors Board or State Landscape Contractors Board has been given;

�� (b) The names of all persons against whom a monetary obligation is imposed under the order or warrant; and

�� (c) The date of recording and the recording number, the book and page number for the recording, or the volume and page number for the recording.

�� (3) For the purposes of this section:

�� (a) �Agency� means any state officer, board, commission, corporation, institution, department or other state body that has authority to record an order or warrant in the County Clerk Lien Record.

�� (b) �Complainant or claimant� means a person in favor of which a board order has been recorded under the provisions of ORS 671.707 or 701.153. [1997 c.387 �2; 1999 c.153 �6; 2001 c.249 �75; 2003 c.576 �195; 2007 c.793 �5; 2007 c.836 �41]

�� 205.127 Recording in County Clerk Lien Record for certain liens. The County Clerk Lien Record in each county where the real property is located is the place of recording a lien filed pursuant to CERCLA, 100 U.S. Stat 1630. [1987 c.586 �48]

�� 205.130 Recording duties of county clerk. The county clerk shall:

�� (1) Have the custody of, and safely keep and preserve, all files and records of deeds and mortgages of real property and a record of all maps, plats, contracts, powers of attorney and other interests affecting the title to real property required or permitted by law to be recorded.

�� (2) Record, or cause to be recorded, in a legible and permanent manner, and keep in the office of the county clerk, all:

�� (a) Deeds and mortgages of real property, powers of attorney and contracts affecting the title to real property, authorized by law to be recorded, assignments thereof and of any interest therein when properly acknowledged or proved and other interests affecting the title to real property required or permitted by law to be recorded;

�� (b) Certificates of sale of real property under execution or order of court, or assignments of previously recorded certificates or of any interest in real property, when properly acknowledged or proved;

�� (c) Certified copies of death records of any person appearing in the county records as owning or having a claim or interest in land in the county. A certified copy of a death record recorded in the deed records of a county under this subsection is a public record and is not subject to the disclosure limitations under ORS

ORS 215.283

215.283 and 215.284, a comprehensive plan may provide for the siting of a destination resort on rural lands without taking an exception to statewide planning goals relating to agricultural lands, forestlands, public facilities and services or urbanization. [1987 c.886 �5]

�� 197.455 Siting of destination resorts; sites from which destination resort excluded. (1) A destination resort may be sited only on lands mapped as eligible for destination resort siting by the affected county. The county may not allow destination resorts approved pursuant to ORS 197.435 to 197.467 to be sited in any of the following areas:

�� (a) Within 24 air miles of an urban growth boundary with an existing population of 100,000 or more unless residential uses are limited to those necessary for the staff and management of the resort.

�� (b)(A) On a site with 50 or more contiguous acres of unique or prime farmland identified and mapped by the United States Natural Resources Conservation Service, or its predecessor agency.

�� (B) On a site within three miles of a high value crop area unless the resort complies with the requirements of ORS 197.445 (6) in which case the resort may not be closer to a high value crop area than one-half mile for each 25 units of overnight lodging or fraction thereof.

�� (c) On predominantly Cubic Foot Site Class 1 or 2 forestlands as determined by the State Forestry Department, which are not subject to an approved goal exception.

�� (d) In the Columbia River Gorge National Scenic Area as defined by the Columbia River Gorge National Scenic Act, P.L. 99-663.

�� (e) In an especially sensitive big game habitat area:

�� (A) As determined by the State Department of Fish and Wildlife in July 1984, and in additional especially sensitive big game habitat areas designated by a county in an acknowledged comprehensive plan; or

�� (B) If the State Fish and Wildlife Commission amends the 1984 determination with respect to an entire county and the county amends its comprehensive plan to reflect the commission�s subsequent determination, as designated in the acknowledged comprehensive plan.

�� (f) On a site in which the lands are predominantly classified as being in Fire Regime Condition Class 3, unless the county approves a wildfire protection plan that demonstrates the site can be developed without being at a high overall risk of fire.

�� (2) In carrying out subsection (1) of this section, a county shall adopt, as part of its comprehensive plan, a map consisting of eligible lands within the county. The map must be based on reasonably available information and may be amended pursuant to ORS 197.610 to 197.625, but not more frequently than once every 30 months. The county shall develop a process for collecting and processing concurrently all map amendments made within a 30-month planning period. A map adopted pursuant to this section shall be the sole basis for determining whether tracts of land are eligible for destination resort siting pursuant to ORS 197.435 to 197.467. [1987 c.886 �6; 1993 c.590 �3; 1997 c.249 �57; 2003 c.812 �3; 2005 c.22 �142; 2005 c.205 �1; 2010 c.32 �1]

�� 197.460 Compatibility with adjacent land uses; county measures; economic impact analysis; traffic impact analysis. A county shall ensure that a destination resort is compatible with the site and adjacent land uses through the following measures:

�� (1) Important natural features, including habitat of threatened or endangered species, streams, rivers and significant wetlands shall be retained. Riparian vegetation within 100 feet of streams, rivers and significant wetlands shall be retained. Alteration of important natural features, including placement of structures that maintain the overall values of the feature may be allowed.

�� (2) Improvements and activities shall be located and designed to avoid or minimize adverse effects of the resort on uses on surrounding lands, particularly effects on intensive farming operations in the area. At a minimum, measures to accomplish this shall include:

�� (a) Establishment and maintenance of buffers between the resort and adjacent land uses, including natural vegetation and where appropriate, fences, berms, landscaped areas and other similar types of buffers.

�� (b) Setbacks of structures and other improvements from adjacent land uses.

�� (3) If the site is west of the summit of the Coast Range and within 10 miles of an urban growth boundary, or if the site is east of the summit of the Coast Range and within 25 miles of an urban growth boundary, the county shall require the applicant to submit an economic impact analysis of the proposed development that includes analysis of the projected impacts within the county and within cities whose urban growth boundaries are within the distance specified in this subsection.

�� (4) If the site is west of the summit of the Coast Range and within 10 miles of an urban growth boundary, or if the site is east of the summit of the Coast Range and within 25 miles of an urban growth boundary, the county shall require the applicant to submit a traffic impact analysis of the proposed development that includes measures to avoid or mitigate a proportionate share of adverse effects of transportation on state highways and other transportation facilities affected by the proposed development, including transportation facilities in the county and in cities whose urban growth boundaries are within the distance specified in this subsection. [1987 c.886 �7; 2010 c.32 �2]

�� 197.462 Use of land excluded from destination resort. A portion of a tract that is excluded from the site of a destination resort pursuant to ORS 197.435 (7) shall not be used or operated in conjunction with the resort. Subject to this limitation, the use of the excluded property shall be governed by otherwise applicable law. [1993 c.590 �7]

�� 197.465 Comprehensive plan implementing measures. An acknowledged comprehensive plan that allows for siting of a destination resort shall include implementing measures which:

�� (1) Map areas where a destination resort described in ORS 197.445 (1) to (5) is permitted pursuant to ORS 197.455;

�� (2) Limit uses and activities to those defined by ORS 197.435 and allowed by ORS 197.445; and

�� (3) Assure that developed recreational facilities and key facilities intended to serve the entire development and visitor-oriented accommodations are physically provided or are guaranteed through surety bonding or substantially equivalent financial assurances prior to closure of sale of individual lots or units. In phased developments, developed recreational facilities and other key facilities intended to serve a particular phase shall be constructed prior to sales in that phase or guaranteed through surety bonding. [1987 c.886 �8]

�� 197.467 Conservation easement to protect resource site. (1) If a tract to be used as a destination resort contains a resource site designated for protection in an acknowledged comprehensive plan pursuant to open spaces, scenic and historic areas and natural resource goals in an acknowledged comprehensive plan, that tract of land shall preserve that site by conservation easement sufficient to protect the resource values of the resource site as set forth in ORS 271.715 to

ORS 215.285

215.285]

AGRICULTURAL LAND USE

(Exclusive Farm Use Zones)

�� 215.203 Zoning ordinances establishing exclusive farm use zones; definitions. (1) Zoning ordinances may be adopted to zone designated areas of land within the county as exclusive farm use zones. Land within such zones shall be used exclusively for farm use except as otherwise provided in ORS 215.213, 215.283 or 215.284. Farm use zones shall be established only when such zoning is consistent with the comprehensive plan.

�� (2)(a) As used in this section, �farm use� means the current employment of land for the primary purpose of obtaining a profit in money by raising, harvesting and selling crops or the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. �Farm use� includes the preparation, storage and disposal by marketing or otherwise of the products or by-products raised on such land for human or animal use. �Farm use� also includes the current employment of land for the primary purpose of obtaining a profit in money by stabling or training equines including but not limited to providing riding lessons, training clinics and schooling shows. �Farm use� also includes the propagation, cultivation, maintenance and harvesting of aquatic, bird and animal species that are under the jurisdiction of the State Fish and Wildlife Commission, to the extent allowed by the rules adopted by the commission. �Farm use� includes the on-site construction and maintenance of equipment and facilities used for the activities described in this subsection. �Farm use� does not include the use of land subject to the provisions of ORS chapter 321, except land used exclusively for growing cultured Christmas trees or land described in ORS 321.267 (3) or 321.824 (3).

�� (b) As used in this subsection, �current employment� of land for farm use includes:

�� (A) Farmland, the operation or use of which is subject to any farm-related government program;

�� (B) Land lying fallow for one year as a normal and regular requirement of good agricultural husbandry;

�� (C) Land planted in orchards or other perennials, other than land specified in subparagraph (D) of this paragraph, prior to maturity;

�� (D) Land not in an exclusive farm use zone which has not been eligible for assessment at special farm use value in the year prior to planting the current crop and has been planted in orchards, cultured Christmas trees or vineyards for at least three years;

�� (E) Wasteland, in an exclusive farm use zone, dry or covered with water, neither economically tillable nor grazeable, lying in or adjacent to and in common ownership with a farm use land and which is not currently being used for any economic farm use;

�� (F) Except for land under a single-unit dwelling, land under buildings supporting accepted farm practices, including the processing facilities allowed by ORS 215.255 and the processing of farm crops into biofuel as commercial activities in conjunction with farm use under ORS 215.213 (2)(c) and 215.283 (2)(a);

�� (G) Water impoundments lying in or adjacent to and in common ownership with farm use land;

�� (H) Any land constituting a woodlot, not to exceed 20 acres, contiguous to and owned by the owner of land specially valued for farm use even if the land constituting the woodlot is not utilized in conjunction with farm use;

�� (I) Land lying idle for no more than one year where the absence of farming activity is due to the illness of the farmer or member of the farmer�s immediate family. For purposes of this paragraph, illness includes injury or infirmity whether or not such illness results in death;

�� (J) Any land described under ORS 321.267 (3) or 321.824 (3); and

�� (K) Land used for the processing of farm crops into biofuel, as defined in ORS 315.141, if:

�� (i) Only the crops of the landowner are being processed;

�� (ii) The biofuel from all of the crops purchased for processing into biofuel is used on the farm of the landowner; or

�� (iii) The landowner is custom processing crops into biofuel from other landowners in the area for their use or sale.

�� (c) As used in this subsection, �accepted farm practice� means a mode of operation that is common to farms of a similar nature, necessary for the operation of such farms to obtain a profit in money, and customarily utilized in conjunction with farm use.

�� (d) As used in this subsection, �cultured Christmas trees� means trees:

�� (A) Grown on lands used exclusively for that purpose, capable of preparation by intensive cultivation methods such as plowing or turning over the soil;

�� (B) Of a marketable species;

�� (C) Managed to meet U.S. No. 2 or better standards for Christmas trees as specified by the Agriculture Marketing Services of the United States Department of Agriculture; and

�� (D) Evidencing periodic maintenance practices of shearing for Douglas fir and pine species, weed and brush control and one or more of the following practices: Basal pruning, fertilizing, insect and disease control, stump culture, soil cultivation or irrigation. [1963 c.577 �2; 1963 c.619 �1(2), (3); 1967 c.386 �1; 1973 c.503 �3; 1975 c.210 �1; 1977 c.766 �7; 1977 c.893 �17a; 1979 c.480 �1; 1981 c.804 �73; 1983 c.826 �18; 1985 c.604 �2; 1987 c.305 �4; 1989 c.653 �1; 1989 c.887 �7; 1991 c.459 �344; 1991 c.714 �4; 1993 c.704 �1; 1995 c.79 �75; 1995 c.211 �1; 1997 c.862 �1; 2001 c.613 �18; 2003 c.454 �117; 2003 c.621 �67a; 2005 c.354 �1; 2007 c.739 �34; 2009 c.850 �4; 2012 c.74 �1; 2019 c.410 �3; 2025 c.38 �29]

�� 215.205 [1957 s.s. c.11 �2; renumbered

ORS 215.295

215.295]

�� 215.207 [1989 c.653 �2; repealed by 1999 c.314 �94]

�� 215.209 Department of Land Conservation and Development database; rural land maps; contents. The Department of Land Conservation and Development shall develop, in conjunction with local governments and other state agencies, a computerized database that is capable of producing county-wide maps that show the diversity of Oregon�s rural lands. The database shall include, at a minimum, information on soil classifications, forest capabilities, irrigated lands, croplands, actual farm use, and plan and zone designations. To create the database, the department shall use the most current soils information from the United States Natural Resources Conservation Service, or its successor agency, and may use any other related information that is readily available. [1999 c.1014 �3]

�� Note: 215.209 was added to and made a part of ORS chapter 215 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 215.210 [Amended by 1955 c.652 �6; renumbered 215.305]

�� 215.211 Agricultural land; detailed soils assessment; fee. (1) If a person concludes that more detailed soils information than that contained in the Web Soil Survey operated by the United States Natural Resources Conservation Service would assist a county to make a better determination of whether land qualifies as agricultural land, the person must request that the Department of Land Conservation and Development arrange for an assessment of the capability of the land by a professional soil classifier who is:

�� (a) Certified by and in good standing with the Soil Science Society of America; and

�� (b) Chosen by the person.

�� (2) A soils assessment produced under this section is not a public record, as defined in ORS 192.311, unless the person requesting the assessment utilizes the assessment in a land use proceeding. If the person decides to utilize a soils assessment produced under this section in a land use proceeding, the person shall inform the Department of Land Conservation and Development and consent to the release by the department of certified copies of all assessments produced under this section regarding the land to the local government conducting the land use proceeding. The department:

�� (a) Shall review soils assessments prepared under this section.

�� (b) May not disclose a soils assessment prior to its utilization in a land use proceeding as described in this subsection without written consent of the person paying the fee for the assessment.

�� (c) Shall release to the local government conducting a land use proceeding all soils assessments produced under this section regarding land to which the land use proceeding applies.

�� (3) Before arranging for a soils assessment under this section, the department shall charge and collect from the person requesting the assessment a fee in an amount intended to meet the costs of the department to assess the soils and administer this section.

�� (4) The department shall deposit fees collected under this section in the Soils Assessment Fund established under ORS 215.212.

�� (5) This section authorizes a person to obtain additional information for use in the determination of whether land qualifies as agricultural land, but this section does not otherwise affect the process by which a county determines whether land qualifies as agricultural land. [2010 c.44 �1; 2013 c.1 �22]

�� Note: 215.211 and 215.212 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.212 Soils Assessment Fund; purposes. The Soils Assessment Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Soils Assessment Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Land Conservation and Development to meet the costs of the department to assess soils under and to administer ORS 215.211. [2010 c.44 �2]

�� Note: See note under 215.211.

�� 215.213 Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993; rules. (1) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition), the following uses may be established in any area zoned for exclusive farm use:

�� (a) Churches and cemeteries in conjunction with churches.

�� (b) The propagation or harvesting of a forest product.

�� (c) Utility facilities necessary for public service, not including commercial facilities for the purpose of generating electrical power for public use by sale or transmission towers over 200 feet in height, but including:

�� (A) Utility facilities as provided in ORS 215.275;

�� (B) Utility facilities that are associated transmission lines, as defined in ORS 215.274 and 469.300;

�� (C) Wetland waste treatment systems; or

�� (D) Facilities and service lines needed to provide water or wastewater services allowed under ORS 215.256.

�� (d) A dwelling on real property used for farm use if the dwelling is occupied by a relative of the farm operator or the farm operator�s spouse, which means a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew or first cousin of either, if the farm operator does or will require the assistance of the relative in the management of the farm use and the dwelling is located on the same lot or parcel as the dwelling of the farm operator. Notwithstanding ORS 92.010 to 92.192 or the minimum lot or parcel size requirements under ORS 215.780, if the owner of a dwelling described in this paragraph obtains construction financing or other financing secured by the dwelling and the secured party forecloses on the dwelling, the secured party may also foreclose on the homesite, as defined in ORS 308A.250, and the foreclosure shall operate as a partition of the homesite to create a new parcel.

�� (e) Nonresidential buildings customarily provided in conjunction with farm use.

�� (f) Subject to ORS 215.279, primary or accessory dwellings customarily provided in conjunction with farm use. For a primary dwelling, the dwelling must be on a lot or parcel that is managed as part of a farm operation and is not smaller than the minimum lot size in a farm zone with a minimum lot size acknowledged under ORS 197.251.

�� (g) Operations for the exploration for and production of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b).

�� (h) Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b).

�� (i) One manufactured dwelling or recreational vehicle, or the temporary residential use of an existing building, in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident. Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use. The governing body or its designee shall provide for periodic review of the hardship claimed under this paragraph. A temporary residence approved under this paragraph is not eligible for replacement under paragraph (q) of this subsection.

�� (j) Climbing and passing lanes within the right of way existing as of July 1, 1987.

�� (k) Reconstruction or modification of public roads and highways, including the placement of utility facilities overhead and in the subsurface of public roads and highways along the public right of way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new land parcels result.

�� (L) Temporary public road and highway detours that will be abandoned and restored to original condition or use at such time as no longer needed.

�� (m) Minor betterment of existing public road and highway related facilities, such as maintenance yards, weigh stations and rest areas, within right of way existing as of July 1, 1987, and contiguous public-owned property utilized to support the operation and maintenance of public roads and highways.

�� (n) A replacement dwelling to be used in conjunction with farm use if the existing dwelling has been classified as historic property as described in ORS 358.487 (4).

�� (o) Creation, restoration or enhancement of wetlands.

�� (p) A winery, as described in ORS 215.452 or 215.453.

�� (q) Alteration, restoration or replacement of a lawfully established dwelling, as described in ORS 215.291.

�� (r) Farm stands if:

�� (A) The structures are designed and used for the sale of farm crops or livestock grown on the farm operation, or grown on the farm operation and other farm operations in the local agricultural area, including the sale of retail incidental items and fee-based activity to promote the sale of farm crops or livestock sold at the farm stand if the annual sale of incidental items and fees from promotional activity do not make up more than 25 percent of the total annual sales of the farm stand; and

�� (B) The farm stand does not include structures designed for occupancy as a residence or for activity other than the sale of farm crops or livestock and does not include structures for banquets, public gatherings or public entertainment.

�� (s) An armed forces reserve center, if the center is within one-half mile of a community college. For purposes of this paragraph, �armed forces reserve center� includes an armory or National Guard support facility.

�� (t) A site for the takeoff and landing of model aircraft, including such buildings or facilities as may reasonably be necessary. Buildings or facilities shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building or facility preexisted the use approved under this paragraph. The site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under this paragraph. An owner of property used for the purpose authorized in this paragraph may charge a person operating the use on the property rent for the property. An operator may charge users of the property a fee that does not exceed the operator�s cost to maintain the property, buildings and facilities. As used in this paragraph, �model aircraft� means a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is used or intended to be used for flight and is controlled by radio, lines or design by a person on the ground.

�� (u) A facility for the processing of farm products as described in ORS 215.255.

�� (v) Fire service facilities providing rural fire protection services.

�� (w) Irrigation reservoirs, canals, delivery lines and those structures and accessory operational facilities, not including parks or other recreational structures and facilities, associated with a district as defined in ORS 540.505.

�� (x) Utility facility service lines. Utility facility service lines are utility lines and accessory facilities or structures that end at the point where the utility service is received by the customer and that are located on one or more of the following:

�� (A) A public right of way;

�� (B) Land immediately adjacent to a public right of way, provided the written consent of all adjacent property owners has been obtained; or

�� (C) The property to be served by the utility.

�� (y) Subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or

ORS 215.453

215.453 after June 28, 2013, the gross income of the winery from any activity other than the production or sale of wine may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery. The gross income of a winery does not include income received by third parties unaffiliated with the winery. [2013 c.554 �3]

�� Note: 215.456 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.457 Youth camps allowed in forest zones and mixed farm and forest zones. A person may establish a youth camp:

�� (1) On land zoned for forest use or mixed farm and forest use, consistent with rules adopted by the Land Conservation and Development Commission.

�� (2) On land in eastern Oregon, as defined in ORS 321.805, that is zoned for exclusive farm use and is composed predominantly of class VI, VII or VIII soils, consistent with rules adopted by the Land Conservation and Development Commission. However, a person may not establish a youth camp authorized under this subsection within an irrigation district or within three miles of an urban growth boundary as defined in ORS 197.015. A youth camp may be authorized under this subsection only on a lawfully established unit of land as defined in ORS 92.010 of at least 1,000 acres. [1999 c.586 �2; 2013 c.711 �1; 2023 c.13 �98]

�� 215.459 Private campground in forest zones and mixed farm and forest zones; yurts; rules. (1)(a) Subject to the approval of the county governing body or its designee, a private campground may be established in an area zoned for forest use or mixed farm and forest use. Subject to the approval of the county governing body or its designee, the campground may provide yurts for overnight camping. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. The yurt shall be located on the ground or on a wood floor with no permanent foundation.

�� (b) A public park or campground may be established as provided in ORS 195.120 in an area zoned for forest use or mixed farm and forest use.

�� (2) Upon request of a county governing body, the Land Conservation and Development Commission may provide by rule for an increase in the number of yurts allowed on all or a portion of the campgrounds in a county if the commission determines that the increase will comply with the standards described in ORS 215.296 (1).

�� (3) As used in this section, �yurt� means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hookup or internal cooking appliance. [1999 c.758 �4]

�� 215.460 [1963 c.619 �15; repealed by 1971 c.13 �1]

�� 215.461 Guest ranch; conditions; permissible uses; reporting. (1) As used in this section and ORS 215.462:

�� (a) �Guest lodging unit� means a guest room in a lodge, bunkhouse, cottage or cabin used only for transient overnight lodging and not for a permanent residence.

�� (b) �Guest ranch� means a facility for guest lodging units, passive recreational activities described in subsection (6) of this section and food services described in subsection (7) of this section that are incidental and accessory to an existing and continuing livestock operation that qualifies as a farm use.

�� (c) �Livestock� means cattle, sheep, horses and bison.

�� (2) Subject to the provisions of ORS 215.296 (1) and (2) and other approval or siting standards of a county, a guest ranch under ORS 215.283 (2)(cc) may be established in an area of eastern Oregon, as defined in ORS 321.805, that is zoned for exclusive farm use unless the proposed site of the guest ranch is within the boundaries of or surrounded by:

�� (a) A federally designated wilderness area or a wilderness study area;

�� (b) A federally designated wildlife refuge;

�� (c) A federally designated area of critical environmental concern; or

�� (d) An area established by an Act of Congress for the protection of scenic or ecological resources.

�� (3) The guest ranch must be located on a lawfully established unit of land that:

�� (a) Is at least 160 acres;

�� (b) Contains the dwelling of the individual conducting the livestock operation; and

�� (c) Is not high-value farmland, as described in ORS 215.710.

�� (4) Except as provided in subsection (5) of this section, the guest lodging units of the guest ranch cumulatively must:

�� (a) Include not fewer than four nor more than 10 overnight guest lodging units; and

�� (b) Not exceed a total of 12,000 square feet in floor area, not counting the floor area of a lodge that is dedicated to kitchen area, rest rooms, storage or other shared or common indoor space.

�� (5) For every increment of 160 acres that the lawfully established unit of land on which the guest ranch is located exceeds the minimum 160-acre requirement described in subsection (3) of this section, up to five additional overnight guest lodging units not exceeding a total of 6,000 square feet of floor area may be included in the guest ranch for a total of not more than 25 guest lodging units and 30,000 square feet of floor area.

�� (6) A guest ranch may provide passive recreational activities that can be provided in conjunction with the livestock operation�s natural setting including, but not limited to, hunting, fishing, hiking, biking, horseback riding, camping and swimming. A guest ranch may not provide intensively developed recreational facilities, including golf courses as identified in ORS 215.283.

�� (7) A guest ranch may provide food services only for guests of the guest ranch, individuals accompanying the guests and individuals attending a special event at the guest ranch. The cost of meals, if any, may be included in the fee to visit or stay at the guest ranch. A guest ranch may not sell individual meals to an individual who is not a guest of the guest ranch, an individual accompanying a guest or an individual attending a special event at the guest ranch.

�� (8) A guest ranch that is authorized by a county under this section on or after January 1, 2020, shall annually report to the county. Counties shall make available to the public, upon request, reports collected from guest ranches under this subsection. The report must contain:

�� (a) The size of the guest ranch�s livestock operation;

�� (b) The income that the guest ranch obtained from:

�� (A) Livestock operations; and

�� (B) Guest ranch activities; and

�� (c) Other information the county may require to ensure ongoing compliance with this section or any condition of approval required by the county. [2018 c.15 �2; 2019 c.270 �2]

�� 215.462 Limitations on guest ranch. (1) Notwithstanding ORS 215.283, the governing body of a county or its designee may not allow a guest ranch in conjunction with:

�� (a) A campground as described in ORS 215.283 (2).

�� (b) A golf course as described in ORS 215.283 (2).

�� (2) Notwithstanding ORS 215.263, the governing body of a county or its designee may not approve a proposed division of land in an exclusive farm use zone for a guest ranch.

�� (3) The governing body of a county or its designee may not approve a proposed division of land that separates the guest ranch from the dwelling of the individual conducting the livestock operation. [2018 c.15 �3]

RURAL RESIDENTIAL USES

�� 215.490 Recreational vehicles on occupied residential properties. (1) As used in this section:

�� (a) �Recreational vehicle� means a recreational vehicle that has not been rendered structurally immobile and is titled with the Department of Transportation.

�� (b) �Rural area� means an area zoned for rural residential use as defined in ORS 215.501 or land that is within the urban growth boundary of a metropolitan service district, but not within the jurisdiction of any city, and zoned for residential use.

�� (2) A county may allow an owner of a lot or parcel in a rural area to site on the property one recreational vehicle that is used for residential purposes and is subject to a residential rental agreement, provided:

�� (a) The property is not within an area designated as an urban reserve as defined in ORS

ORS 221.450

221.450 or under a city charter.

�� (b) �Conducting business� means engaging directly, or through officers, agents and employees, in an activity in pursuit of gain.

�� (c) �Principal place of business� means the location in this state of the central administrative office of a person conducting business in this state.

�� (d) �Within a metropolitan service district� means that city limits are wholly or partially inside district boundaries.

�� (2) A landscape contracting business shall pay directly to any city within a metropolitan service district any business license tax imposed by the city if:

�� (a) The landscape contracting business has its principal place of business within the city; or

�� (b) The landscape contracting business does not have its principal place of business within the city but derives gross receipts of $250,000 or more from conducting business within the city during the calendar year for which the tax is owed.

�� (3) A landscape contracting business may apply for a business license from a metropolitan service district if the business conducts business in a city that is within the district but that is not a city to which the business directly pays a business license tax for that year.

�� (4) The metropolitan service district shall issue a business license to a landscape contracting business if:

�� (a) The business proves to the district that the business has directly paid the business license tax imposed by each city within the district to which the business must directly pay a business license tax; and

�� (b) The business pays a license fee to the district.

�� (5) The license fee charged under subsection (4) of this section shall be twice the average business license tax charged to landscape contracting businesses by cities located within the metropolitan service district plus an amount that is sufficient to reimburse the district for the administrative expenses of the district incurred in carrying out its duties under this section.

�� (6) If a landscape contracting business is issued a business license by the metropolitan service district under subsection (4) of this section, and a city within the district other than a city described in subsection (2) of this section demands that the business pay a business license tax, the demanding city shall waive payment of the tax if the business proves by possession or otherwise that the business has a business license issued by the metropolitan service district for the calendar year for which the tax is owed.

�� (7) The metropolitan service district shall distribute the business license fees collected by the district under this section, less administrative expenses, to the cities within the district that collect a business license tax. In any year, each of the cities shall receive a share of the license fees based upon the proportion that the number of residential building permits the city issued during the year bears to the total number of residential building permits issued during the year by all of the cities within the district. The district shall determine the number of residential building permits issued by cities within the district from statistics. A district shall distribute moneys under this subsection at least once each year. [2007 c.541 �47; 2015 c.180 �48]

�� 671.760 Business income tax. (1) As used in this section, �business license tax� has the meaning given that term in ORS 671.755.

�� (2) A city that imposes a business license tax based on or measured by adjusted net income earned by conducting business within the city is exempt from ORS 671.755. [2007 c.541 �48]

�� 671.950 [Formerly 671.435; 2003 c.14 �425; renumbered 671.995 in 2005]

�� 671.955 [Formerly 671.720; 2005 c.609 �20; renumbered 671.997 in 2005]

PENALTIES

�� 671.990 Penalties for violations of ORS 671.010 to 671.220 or 671.530. (1)(a) A person that violates a provision of ORS 671.010 to 671.220 or a rule the State Board of Architect Examiners adopts under ORS 671.010 to 671.220 is subject to a civil penalty of not more than $5,000 for each violation. A civil penalty under this subsection is in addition to and not in lieu of any other penalty or sanction provided by law.

�� (b) The board may impose a civil penalty under this section only in accordance with ORS 183.745.

�� (c) Notwithstanding ORS 670.335, the board shall deposit all civil penalties recovered under this section into an account the board establishes in accordance with ORS 182.470. Moneys the board deposits are appropriated continuously to the board and may be used only for the administration and enforcement of ORS 182.456 to 182.472 and 671.010 to 671.220.

�� (2) Violation of ORS 671.530 is a misdemeanor. [Subsection (2) enacted as 1961 c.431 �24; subsection (3) enacted as 1971 c.764 �22; 1977 c.803 �17; 1981 c.536 �18; 2023 c.70 �17]

�� 671.992 Criminal penalties for violations of ORS 671.310 to 671.459. Violation of any provision of ORS

ORS 223.112

223.112 to 223.132 for any purpose different from the purpose described in an ordinance adopted under ORS 223.114 shall be civilly liable for the return of the moneys by suit of the district attorney of the county in which the city is located or by suit of any taxpayer of the city. [1985 c.576 �8]

�� 223.130 [Repealed by 1971 c.741 �38]

�� 223.132 Formation of economic improvement districts as additional power of cities. The authority granted to cities by ORS 223.112 to 223.132, is in addition to any other authority a city may have under state law, its charter or its ordinances to create or finance economic improvement districts. [1989 c.1018 �2]

�� 223.135 [Repealed by 1971 c.741 �38]

�� 223.140 [Repealed by 1971 c.741 �38]

�� 223.141 Definitions for ORS 223.141 to 223.161. As used in ORS 223.141 to 223.161, unless the context requires otherwise:

�� (1) �Business license fee� means any fee paid by a person to a city for any form of license that is required by the city in order to conduct business in that city.

�� (2) �Conducting business� means to engage in any business, trade, occupation or profession in pursuit of gain including activities carried on by a person through officers, agents and employees as well as activities carried on by a person on that person�s own behalf.

�� (3) �Council� means the city council or other controlling body of a city.

�� (4) �Economic improvement� means:

�� (a) The planning or management of development or improvement activities.

�� (b) Landscaping or other maintenance of public areas.

�� (c) Promotion of commercial activity or public events.

�� (d) Activities in support of business recruitment and development.

�� (e) Improvements in parking systems or parking enforcement.

�� (f) Any other economic improvement activity for which an assessment may be made on property specially benefited thereby. [1991 c.698 �1]

�� 223.144 Economic improvement district; business license fee ordinance. (1) A council, on its own motion or after receiving a petition for the formation of an economic improvement district signed by 33 percent or more of persons conducting business within the proposed district, may enact an ordinance establishing a procedure to be followed by the city in imposing a business license fee to raise revenue for the cost of an economic improvement. The business license fee authorized under this subsection may be in the form of a surcharge on an existing business license fee imposed by the city on any business, trade, occupation or profession carried on or practiced in the economic improvement district.

�� (2) In any ordinance adopted under subsection (1) of this section, a city shall not be authorized to:

�� (a) Include within an economic improvement district any area of the city that is not zoned for commercial or industrial use.

�� (b) Impose a business license fee to raise revenue for an economic improvement that does not primarily benefit persons conducting business within the economic improvement district. [1991 c.698 �2]

�� 223.145 [Repealed by 1971 c.741 �38]

�� 223.147 Requirements of business license fee ordinance. (1) An ordinance adopted under ORS

ORS 223.161

223.161.

�� (b) A people�s utility district organized under ORS chapter 261.

�� (c) A domestic water supply district organized under ORS chapter 264.

�� (d) A cemetery maintenance district organized under ORS chapter 265.

�� (e) A park and recreation district organized under ORS chapter 266.

�� (f) A mass transit district organized under ORS 267.010 to 267.394.

�� (g) A transportation district organized under ORS 267.510 to 267.650.

�� (h) A metropolitan service district organized under ORS chapter 268.

�� (i) A translator district organized under ORS 354.605 to 354.715.

�� (j) A library district organized under ORS 357.216 to 357.286.

�� (k) A county road district organized under ORS 371.055 to 371.110.

�� (L) A special road district organized under ORS 371.305 to 371.360.

�� (m) A road assessment district organized under ORS 371.405 to 371.535.

�� (n) A highway lighting district organized under ORS chapter 372.

�� (o) A 9-1-1 communications district organized under ORS 403.300 to 403.380.

�� (p) A health district organized under ORS 440.305 to 440.410.

�� (q) A sanitary district organized under ORS 450.005 to 450.245.

�� (r) A sanitary authority, water authority or joint water and sanitary authority organized under ORS 450.600 to 450.989.

�� (s) A county service district organized under ORS chapter 451.

�� (t) A vector control district organized under ORS 452.020 to 452.170.

�� (u) A rural fire protection district organized under ORS chapter 478.

�� (v) A geothermal heating district organized under ORS chapter 523.

�� (w) An irrigation district organized under ORS chapter 545.

�� (x) A drainage district organized under ORS chapter 547.

�� (y) A diking district organized under ORS chapter 551.

�� (z) A water improvement district organized under ORS chapter 552.

�� (aa) A water control district organized under ORS chapter 553.

�� (bb) A district improvement company or a district improvement corporation organized under ORS chapter 554.

�� (cc) A weather modification district organized under ORS 558.200 to 558.440.

�� (dd) A fair district formed under ORS chapter 565.

�� (ee) A soil and water conservation district organized under ORS 568.210 to 568.808 and 568.900 to 568.933.

�� (ff) A weed control district organized under ORS 569.350 to 569.445.

�� (gg) A port organized under ORS 777.005 to 777.725 and 777.915 to 777.953.

�� (hh) The Port of Portland created under ORS 778.010.

�� (ii) An airport district established under ORS chapter 838.

�� (jj) A heritage district organized under ORS 358.442 to 358.474.

�� (kk) A radio and data district organized under ORS 403.500 to 403.542.

�� (LL) A sand control district organized under ORS 555.500 to 555.535.

�� (mm) The urban flood safety and water quality district created under ORS 550.150 to 550.410. [2001 c.74 �7; 2003 c.802 �1; 2007 c.562 �18; 2009 c.584 �19; 2015 c.560 �13; 2019 c.621 �27]

�� 174.117 �Special government body� defined. (1) Subject to ORS 174.108, as used in the statutes of this state �special government body� means any of the following:

�� (a) A public corporation created under a statute of this state and specifically designated as a public corporation.

�� (b) A school district.

�� (c) A public charter school established under ORS chapter 338.

�� (d) An education service district.

�� (e) A community college district or community college service district established under ORS chapter 341.

�� (f) An intergovernmental body formed by two or more public bodies.

�� (g) Any entity that is created by statute, ordinance or resolution that is not part of state government or local government.

�� (h) Any entity that is not otherwise described in this section that is:

�� (A) Not part of state government or local government;

�� (B) Created pursuant to authority granted by a statute, ordinance or resolution, but not directly created by that statute, ordinance or resolution; and

�� (C) Identified as a governmental entity by the statute, ordinance or resolution authorizing the creation of the entity, without regard to the specific terms used by the statute, ordinance or resolution.

�� (i) A public university listed in ORS 352.002.

�� (2) Subject to ORS 174.108, as used in the statutes of this state �special government body� includes:

�� (a) An entity created by statute for the purpose of giving advice only to a special government body;

�� (b) An entity created by a special government body for the purpose of giving advice to the special government body, if the document creating the entity indicates that the entity is a public body; and

�� (c) Any entity created by a special government body described in subsection (1) of this section, other than an entity described in paragraph (b) of this subsection, unless the document creating the entity indicates that the entity is not a governmental entity or the entity is not subject to any substantial control by the special government body. [2001 c.74 �8; 2013 c.768 �54; 2015 c.767 �50]

�� 174.118 Application of definitions to ORS 174.108 to 174.118. The definitions provided by ORS

ORS 223.845

223.845, unless the context requires otherwise:

�� (1) �Actual cost� has the meaning given the term under ORS 310.140.

�� (2) �Capital construction project� means a project for �capital construction,� as defined under ORS 310.140.

�� (3)(a) �Estimated assessment� means, with respect to each property to be assessed in connection with a local improvement, the total assessment that, at the time of giving notice of the assessment and the right to object or remonstrate, the local government estimates will be levied against the property following completion of the local improvement. The estimate shall be based on the local government�s estimate at that time of the actual costs of the local improvement and the proposed formula for apportioning the actual costs to the property.

�� (b) �Estimated assessment� shall be determined by:

�� (A) Excluding from estimated actual costs the estimated financing costs associated with any bonds issued to accommodate the payment of the assessment in installments; and

�� (B) Including in estimated actual costs the estimated financing costs associated with interim financing of the local improvement.

�� (4) �Final assessment� means, with respect to each property to be assessed in connection with a local improvement, the total assessment levied against the property following completion of the local improvement. The total assessment shall be based on the actual costs of the local improvement and the formula for apportioning the actual costs to the property.

�� (5)(a) �Financing� means all costs necessary or attributable to acquiring and preserving interim or permanent financing of a local improvement.

�� (b) The costs of financing may include the salaries, wages and benefits payable to employees of the local government to the extent the same are reasonably allocable to the work or services performed by the employees in connection with the financing of a local improvement or any part thereof. However, as a condition to inclusion of any salaries, wages or benefits payable to employees of a local government as financing costs of a local improvement or any part thereof, the local government shall establish a record keeping system to track the actual work done or services performed by each employee on or in connection with such local improvement.

�� (c) Financing costs that are to be incurred after the levy of a final assessment may be included in the final assessment based on the local government�s reasonable estimate of the financing costs if the local government first documents the basis for the estimate and makes the documentation available to interested persons on request.

�� (6) �Governing body� means the council, commission, board or other controlling body, however designated, in which the legislative powers of a local government are vested.

�� (7) �Installment application� means an application filed by a property owner to have a final assessment paid in installments over a period of years.

�� (8) �Local government� means a local government as defined in ORS 174.116 that has authority to undertake the acquisition, construction, reconstruction, repair, betterment or extension of a local improvement.

�� (9) �Local improvement� has the meaning given the term under ORS 310.140.

�� (10) �Lot� means a lot, block or parcel of land.

�� (11) �Owner� means the owner of the title to real property or the contract purchaser of real property of record as shown on the last available complete assessment roll in the office of the county assessor.

�� (12) �Recorder� means the auditor, recorder, clerk or other person or officer of a local government serving as clerk of the local government or performing the clerical work of the local government, or other official or employee as the governing body of a local government shall designate to act as recorder.

�� (13) �Structure� has the meaning given the term under ORS 310.140.

�� (14) �Treasurer� means the elected or appointed official of a local government, however designated, charged by law with the responsibility for acting as custodian of and investment officer for the public moneys of the local government. [1991 c.902 �3; 2003 c.802 �2; 2017 c.283 �3]

APPROPRIATION AND CONDEMNATION OF PROPERTY FOR CITY PURPOSES; SPECIAL PROCEDURE

�� 223.005 Appropriation and condemnation for public use within and without city limits. Any incorporated city may:

�� (1) Appropriate any private real property, water, watercourse and riparian rights to any public or municipal use or for the general benefit and use of the people of the city, including but not limited to appropriation for an aviation field, park, city hall, city buildings, jail, or to protect the city from overflow by freshets.

�� (2) Appropriate any real property, water, watercourse and water and riparian rights, including power sites, to any public or municipal use or for the general benefit and use of the people within or without the city, and to build dams, reservoirs and conduits for the purpose of storing and using water to aid in developing the necessary power to generate electricity for the use and benefit of the people within or without the city.

�� (3) Condemn for its use private property for the purpose of erecting and maintaining electric lines thereon for the purpose of generating and conveying power to light and heat the city, and to be used and sold by the city for manufacturing, transportation, domestic and other purposes, either within or without the corporate limits of the city, and for the purpose of constructing electrical systems for municipal uses. [Amended by 1971 c.134 �1]

�� 223.010 Right of city to enter upon, survey, examine and select property to be appropriated or condemned. For the purposes of ORS 223.005, a city may enter upon, survey and examine property in the manner provided by ORS 35.220 and may select any such property or rights for the purpose of constructing any ditch, drain, dam, dike, canal, flume, sewer, reservoir, septic tank, filter bed, sewer form or purifying plant or laying or constructing and maintaining any pipe, sewer, drain, aqueduct, dam, dike, canal, flume, reservoir, septic tank, filter bed, sewer form or purifying plant or other plant, building or electric lines or system for municipal uses, including but not limited to, aviation fields, parks, city hall, city buildings, jails, docks, piers, slips, shore and terminal structures. [Amended by 1971 c.134 �2; 2003 c.477 �4]

�� 223.015 Manner of appropriation or condemnation; compensation. After selection of such rights and property under ORS 223.010 in such manner as the council provides, the city seeking to make the appropriation may proceed in the manner prescribed by the statutes for the appropriation of land for corporate purposes, and not otherwise, unless otherwise provided by law, to have such property appropriated and the compensation therefor determined and paid. However, the compensation for such condemnation by a city shall be paid by a deposit in the court of an order drawn upon the city treasurer for the amount of compensation.

�� 223.020 Scope of appropriation. Appropriation of property under ORS 223.005 may extend beyond the corporate limits of the city to or along and including any lake, spring, stream or power site.

�� 223.025 [Repealed by 1963 c.297 �1]

�� 223.030 [Repealed by 1963 c.297 �1]

�� 223.035 [Repealed by 1963 c.297 �1]

�� 223.040 [Repealed by 1963 c.297 �1]

MUNICIPAL CONDEMNATION PROCEEDINGS

�� 223.105 Proceedings to condemn property for city improvements when owner and city disagree on price. (1) The provisions of this section apply to every city, whether organized under general law or otherwise.

�� (2) Whenever the council of any incorporated city deems it necessary to take or damage private property for the purpose of establishing, laying out, extending or widening streets, or other public highways and places within any city, or for rights of way for drains, sewers or aqueducts, or for widening, straightening or diverting channels of streams and the improvement of waterfronts, and the council cannot agree with the owner of the property as to the price to be paid, the council may direct proceedings to be taken under the general laws of this state to procure the same.

�� 223.110 [Repealed by 1971 c.741 �38]

ECONOMIC IMPROVEMENT DISTRICTS

�� 223.112 Definitions for ORS 223.112 to 223.132. As used in ORS 223.112 to 223.132, unless the context requires otherwise:

�� (1) �Council� means the city council or other controlling body of a city.

�� (2) �Economic improvement� means:

�� (a) The planning or management of development or improvement activities.

�� (b) Landscaping or other maintenance of public areas.

�� (c) Promotion of commercial activity or public events.

�� (d) Activities in support of business recruitment and development.

�� (e) Improvements in parking systems or parking enforcement.

�� (f) Any other economic improvement activity for which an assessment may be made on property specially benefited thereby. [1985 c.576 �1; 1991 c.902 �4]

�� 223.114 Economic improvement; assessment ordinance. (1) A council may enact an ordinance establishing a procedure to be followed by the city in making assessments for the cost of an economic improvement upon the lots which are specially benefited by all or part of the improvement.

�� (2) In any ordinance adopted under subsection (1) of this section, a city shall not be authorized to:

�� (a) Levy assessments in an economic improvement district in any year that exceed one percent of the real market value of all the real property located within the district.

�� (b) Include within an economic improvement district any area of the city that is not zoned for commercial or industrial use.

�� (c) Levy assessments on residential real property or any portion of a structure used for residential purposes. [1985 c.576 �2; 1989 c.1018 �3; 1991 c.459 �350; 1991 c.902 �5]

�� 223.115 [Repealed by 1971 c.741 �38]

�� 223.117 Requirements of assessment ordinance. (1) An ordinance adopted under ORS 223.114, shall provide for enactment of an assessment ordinance that:

�� (a) Describes the economic improvement project to be undertaken or constructed.

�� (b) Contains a preliminary estimate of the probable cost of the economic improvement and the proposed formula for apportioning cost to specially benefited property.

�� (c) Describes the boundaries of the district in which property will be assessed.

�� (d) Specifies the number of years, to a maximum of five, in which assessments will be levied.

�� (e) Contains provision for notices to be mailed or delivered personally to affected property owners that announce the intention of the council to construct or undertake the economic improvement project and to assess benefited property for a part or all of the cost. The notice shall state the time and place of the public hearing required under paragraph (f) of this subsection.

�� (f) Provides for a hearing not sooner than 30 days after the mailing or delivery of notices to affected property owners at which the owners may appear to support or object to the proposed improvement and assessment.

�� (2) The ordinance shall also:

�� (a) Provide that if, after the hearing held under subsection (1)(f) of this section, the council determines that the economic improvement shall be made, the council shall determine whether the property benefited shall bear all or a portion of the cost and shall determine, based on the actual or estimated cost of the economic improvement, the amount of assessment on each lot in the district.

�� (b) Require the city recorder or other person designated by the council to prepare the proposed assessment for each lot in the district and file it in the appropriate city office.

�� (c) Require notice of such proposed assessment to be mailed or personally delivered to the owner of each lot to be assessed, which notice shall state the amount of the assessment proposed on the property of the owner receiving the notice. The notice shall state the time and place of a public hearing at which affected property owners may appear to support or object to the proposed assessment. The hearing shall not be held sooner than 30 days after the mailing or personal delivery of the notices.

�� (d) Provide that the council shall consider such objections and may adopt, correct, modify or revise the proposed assessments.

�� (e) Provide that the assessments will not be made and the economic improvement project terminated when written objections are received at the public hearing from owners of property upon which more than 33 percent of the total amount of assessments is levied. [1985 c.576 �3; 1989 c.1018 �4]

�� 223.118 Remonstrance against assessment; exclusion of property. (1) In addition to the requirements listed in ORS 223.117 (2), an assessment ordinance adopted under ORS 223.114 and 223.117 may, at the discretion of the council, provide that:

�� (a) When the council receives written objections at the public hearing only from owners of property upon which less than 33 percent of the total amount of assessments is levied, the economic improvement project may be undertaken or constructed, but that assessments shall not be levied on any lot or parcel of property if the owner of that property submitted written objections at the public hearing. Notwithstanding any other provision of law, an owner of property who fails to submit written objections at the public hearing as provided for in the ordinance shall be deemed to have made a specific request for the economic improvement services to be provided during the period of time specified in the assessment ordinance.

�� (b) The council, after excluding from assessment property belonging to such owners, shall determine the amount of assessment on each of the remaining lots or parcels in the district.

�� (c) Notice of such proposed assessment be mailed or personally delivered to the owner of each lot to be assessed, which notice shall state the amount of the assessment proposed on the property of the owner receiving the notice.

�� (2) When assessments are levied against property within an economic improvement district in accordance with an assessment ordinance that contains the provisions described in subsection (1) of this section:

�� (a) Any new owner of benefited property in the district or any owner of benefited property who excluded the property from assessment by submitting written objections to the council may subsequently agree to the assessment of the owner�s property in the district. The council shall apportion the costs to the property for the remaining time in which assessments will be levied.

�� (b) The assessed property may not be relieved from liability for that assessment.

�� (c) If the council considers it necessary to levy assessments upon property in the district for longer than the period of time specified in the assessment ordinance, the council shall enact an ordinance that provides for continued assessments for a specified number of years and grants to property owners in the district the notice and right of remonstrance described in ORS 223.117 (2)(b) to (e) and subsection (1)(a) to (c) of this section. [1991 c.773 �2]

�� 223.119 Advisory committee; functions. An ordinance adopted under ORS 223.114, may require creation, for each economic improvement district, of an advisory committee to allocate expenditure of moneys for economic improvement activities within the scope of ORS 223.112 to

ORS 225.220

225.220 shall annually before January 1, make a written estimate of the probable expense of maintaining and conducting the electric light plant or distributing system during the next ensuing year, including the cost of any contemplated alterations, improvements, additions or extensions, together with the probable amount necessary for redemption of any unpaid warrants and the interest thereon, as well as the amount required for payment of interest and maturing principal on any outstanding bonds of the city issued for or in connection with any such electric light plant or distributing system.

�� (2) The officer shall thereupon ascertain and prescribe as near as can conveniently be done an electric current rate or rates for the ensuing year which will create a fund sufficient to meet all requirements in subsection (1) of this section.

�� (3) The officer may also include a further amount sufficient to create such fund, as in the judgment of the officer may be desirable or necessary to meet requirements of future contemplated additions, improvements or extensions to the plant or system.

�� 225.240 Sole authority to set rates. The officer referred to in ORS 225.220 shall be the sole judge of what rates or charges shall be exacted for the electric current furnished for use of street lighting and other public purposes for the city.

�� 225.250 Application of earnings. The earnings of the electric plant or distributing system shall be applied and used in payment of warrants and interest thereon issued in connection with operation of any such plant or system, and also in payment for alterations, improvements, additions or extensions and for redemption and retirement of outstanding bonds, together with interest thereon, and shall be expended only in connection with and for improving such plant or system and not for other municipal purposes, except as otherwise provided in ORS 225.270.

�� 225.260 Use of proceeds of bond issues. The proceeds of bond issues issued after June 6, 1931, by authority of charter provisions of the city for the purpose of creating, acquiring, building, improving, enlarging, altering or repairing the plant or system referred to by ORS 225.210 shall be used exclusively for the purposes for which such bonds were authorized and issued.

�� 225.270 Use of surplus revenue. When any city which owns or operates a municipal electric power plant or system or distributing system, has paid principal and interest to date on all indebtedness incurred in connection therewith, and has created and accumulated an adequate depreciation and replacement reserve in the judgment of the officer having control of such plant or system, the city shall, for the purpose of reducing general property taxes within such city, pay to itself not less than three percent of the annual gross operating revenue of such plant or system, or a volumetric charge based upon the amounts of electricity delivered, transmitted or distributed to retail electricity consumers regardless of the source. The volumetric charge shall not be less than the equivalent of three percent of the gross operating revenues of the municipality utility in 1999. The city shall adjust a volumetric charge to end users such that charges established for different customer classes bear the same approximate relationship as the gross revenues per kilowatt hour paid by the classes in 1999. [Amended by 1999 c.865 �32]

�� 225.280 Warrants on future income; limitations; retirement. (1) When authorized by the city charter, the officer referred to in ORS 225.220 as having charge of the electric plant or distributing system may execute its warrants upon the city treasurer, drawn against the funds created by and for the benefit of such plant or system in excess of the current cash on hand but not in an amount exceeding one-half of the estimated annual income for the next ensuing year, from such plant or system. The estimate of annual income shall be made by the officer referred to in ORS 225.220.

�� (2) Warrants so drawn in excess of the cash on hand in any such fund shall be stamped �Not Paid for Want of Funds� by the city treasurer, shall bear the legal interest from the date of such indorsement until the date of payment and shall be paid from the current receipts of the plant or system. The warrant indebtedness shall not be considered or construed to be within the charter limitations respecting any municipal debt.

�� (3) Warrants issued pursuant to this section shall be retired in the order of their presentation for indorsement �Not Paid for Want of Funds� as funds are available.

�� 225.290 Right to acquire use of unappropriated state waters. Any city which is authorized by its charter or by law to construct, acquire, maintain or operate an electric generating plant or distributing system may acquire in its own name the right to use the unappropriated waters of this state in accordance with laws of this state. [Amended by 1955 c.707 �32]

�� 225.300 Filing for use of unappropriated state waters; limitations; determination of reasonable requirements. Any filing made by any city upon the unappropriated waters of this state for use in the future development of a hydroelectric plant by such city shall be reserved to such city and shall not be subject to appropriation by any other person, municipality or corporation unless it is judicially determined that the filing exceeds the reasonable present and future requirements of such city. In that event the surplus or excess may, by judgment of a court of competent jurisdiction, be released and discharged from the filing. Proceedings in court for the determination of whether or not the filing by any city exceeds its reasonable present and future requirements may be instituted by the State of Oregon, by the Water Resources Commission in the name of and for the State of Oregon, or by any other applicant for the right to use the waters involved. [Amended by 1955 c.707 �33; 2003 c.576 �400]

IRRIGATION AND FIRE PROTECTION SYSTEM

�� 225.310 Definitions for ORS 225.310 to 225.400. As used in ORS 225.310 to 225.400, unless the context requires otherwise, �facilities� means a water supply for irrigation and for fire protection of property within the city together with a distribution system therefor, reservoirs, pumps, mains, stations, with all appurtenances necessary, useful or convenient for the treatment, storage and distribution of water supply.

�� 225.320 Ownership and operation of irrigation and fire protection facilities by city within or without city limits. Any city may own, acquire, construct, equip, operate and maintain within or without its statutory or corporate limits, in whole or in part, facilities for irrigation and fire protection.

�� 225.330 Acquisition of property for facilities. (1) For the purposes of ORS 225.320, the city may acquire by gift, grant, purchase or condemnation necessary lands and rights of way within or without its statutory or corporate limits.

�� (2) For the purpose of acquiring property under subsection (1) of this section, the city may invoke and shall have the rights, powers and privileges granted public corporations by laws pertaining to this subject.

�� 225.340 Establishing rates. The city governing body may establish just and equitable rates or charges to be paid for the use of the irrigation and fire protection facilities by each person, firm or corporation whose premises are served thereby, or upon subsequent service thereto.

�� 225.350 Recovery of service charges. If the service charges established under ORS 225.340 are not paid when due, the amounts thereof, together with such penalties, interests and costs as may be provided by the city governing body, may be recovered in an action at law. [Amended by 1991 c.459 �354]

�� 225.360 Approval, issuance, payment of bonds. For the purposes of ORS 225.320, the city governing body may, after referring the question of acquiring and constructing the facilities to a vote of the electors of the city and after approval thereof by a majority of the electors, authorize the issuance of and cause to be issued bonds of the city for such purposes, either general obligation, limited obligation or self-liquidating in character, in a sum not more than the amount authorized at such election and subject to the provisions of ORS 225.370 and 225.380. Bonds so authorized and issued may provide for payment of both principal and interest thereon from service charges to be imposed by the city governing body for services to be extended and through employment and use of the irrigation and fire protection facilities. If service charges are imposed to be so paid, such portion thereof as may be deemed sufficient shall be set aside as a sinking fund for payment of interest on the bonds and the principal thereof at maturity.

�� 225.370 Terms of bonds. The city governing body may determine the maturities and tenor of bonds issued under ORS

ORS 225.490

225.490�� Use of municipal money or property; revenue bonds

MUNICIPAL OWNERSHIP AND OPERATION OF PUBLIC UTILITIES GENERALLY

�� 225.010 Definition of �city.� As used in this chapter, unless the context requires otherwise, �city� means any incorporated city or town.

�� 225.020 Ownership and operation of utilities by city within and without city limits. (1) When the power to do so is conferred by or contained in its charter or act of incorporation, any city may build, own, operate and maintain waterworks, water systems, railways and railroads, electric light and power plants, within and without its boundaries for the benefit and use of its inhabitants and for profit. To that end it may:

�� (a) Acquire water systems and use, sell and dispose of its water for domestic, recreational, industrial, and public use and for irrigation and other purposes within and without its boundaries.

�� (b) Build, acquire, own and operate railways operated by steam, electric or other power within and without its boundaries and running from such city to other towns, cities and points without its boundaries.

�� (c) Acquire right of way, easements or real property within and without its boundaries for any such purpose.

�� (2) In exercising such powers, any city may bring actions for the condemnation or taking of private property for public use in the same manner as private corporations are now authorized or permitted by law to do. [Amended by 1967 c.306 �1]

�� 225.030 Utility may provide services within or without city limits. Any city owning, controlling or operating a system of waterworks or electric light and power system for supplying water or electricity for its inhabitants and for general municipal purposes, and any person controlling or operating any water system or electric light and power system under contract, lease or private ownership, may sell, supply and dispose of water or electricity from such system to any person within or without the limits of the city in which the water or electric light and power system is operated, and may make contracts in reference to the sale and disposal of water or electricity from such system, for use within or without the corporate limits. [Amended by 2005 c.22 �167]

�� 225.040 Validation of prior municipal contracts. All contracts or agreements made prior to May 20, 1911, and in effect as of that date, for sale and disposal of water or electricity by any city or person operating, controlling or owning water or electric light and power systems, to any person within or without the limits of the city in which the system is operated, are ratified and declared legal and valid contracts in so far as the right of the city to contract with reference to same is concerned. [Amended by 2005 c.22 �168]

�� 225.050 Joint construction, ownership and operation of waterworks; financing. (1) Any or all cities may construct, own or operate jointly, in such proportion as they may agree, waterworks and water pipelines, water rights and water.

�� (2) For the purposes of subsection (1) of this section, the cities may:

�� (a) Purchase, own, hold, appropriate and condemn land, rights of way, water or water rights in their own names or in the name of a joint or other commission or agency.

�� (b) Purchase one from the other or others waterworks, water pipelines, water rights or water or any interest therein or in either of them.

�� (c) Provide joint or other commissions or agencies for construction, operation or control of the matters listed in this section.

�� (d) Issue, sell or otherwise dispose of bonds or other securities of the city for the purpose of carrying out any of the provisions of this section.

�� 225.060 Several or joint ownership, operation and financing of municipal utilities in another state. (1) Whenever authorized by their charter or incorporation law, cities and other municipal corporations may, either severally or in joint agreement, purchase, own, operate and maintain any works in an adjoining state necessary or pertinent to the furnishing of water supply or electric power, or both, for the benefit and use of their inhabitants and for profit, in so far as authorized and permitted by the laws of the adjoining state.

�� (2) For the purposes stated in subsection (1) of this section, and subject to its limitations, cities and other municipal corporations may purchase, own, appropriate and condemn land, rights of way, and water or water rights or both.

�� (3) Cities and other municipal corporations may also issue, sell and otherwise dispose of their bonds or other securities for the purposes of this section.

�� 225.070 Use of surplus city waters for federal military purposes. The governing body of any city may contract with and permit the United States of America to use for military purposes within or without the boundaries of such city the surplus waters thereof and such use shall be deemed to be for municipal purposes.

�� 225.080 Financing costs of municipal waterworks or water system; benefit assessments. (1) In order to finance the cost of installing any improvement for waterworks or water systems authorized by ORS

ORS 250.265

250.265 to 250.346 inapplicable to a city, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under the city charter or an ordinance adopted under the city charter.

�� (5) An election under this section shall be held on a date specified in ORS 221.230. The election shall be conducted under ORS chapters 246 to 260. [1983 c.350 �251 (enacted in lieu of 381.610)]

�� 381.615 Majority vote required. The council may issue and sell bonds for the purpose mentioned in ORS 381.605 only upon the approval of a majority of those voting on the question. [Amended by 1983 c.350 �252]

�� 381.620 [Repealed by 1983 c.350 �331a]

�� 381.625 [Repealed by 1983 c.350 �331a]

�� 381.630 [Repealed by 1983 c.350 �331a]

�� 381.635 Duties and powers of council. If the electors of the city approve the issuance of bonds, the council shall arrange to issue and sell the bonds. The council may arrange and provide the form, terms and sale of the bonds, consistent with ORS 381.605 to 381.670. [Amended by 1983 c.350 �253]

�� 381.640 Terms and conditions of bonds. (1) The bonds mentioned in ORS 381.605 shall:

�� (a) Be in denominations of $100 or more, but not exceeding $1,000.

�� (b) Run not to exceed 30 years from the end of the respective issues thereof.

�� (c) Bear interest at a rate not to exceed six percent per year, payable on January 1 and July 1.

�� (d) Have interest coupons attached to them, one coupon for each interest payment that will be made.

�� (2) The bonds and interest coupons shall:

�� (a) Be lithographed or printed on good bond paper.

�� (b) Be made payable to bearer, in any coin or currency which, at the time of payment, is legal tender for the payment of public and private debts within the United States.

�� (c) Be paid by the city treasurer upon presentation at the office of the city treasurer or at the fiscal agency of the state in New York City, upon the date of payment named thereon.

�� (d) Be signed by the mayor and city recorder. The interest coupons shall bear the printed facsimile signatures of the mayor and city recorder.

�� (e) Be sealed with the seal of the council.

�� (f) Bear the certificate of the city treasurer, over the signature of the city treasurer, that they have been registered in the office of the city treasurer, naming the date of registry.

�� 381.645 Registering bonds. The city treasurer shall keep a register of all the bonds issued or sold under ORS 381.605 to 381.670, noting therein the number of bonds, amount, date of issuance, date of sale and such facts as in the judgment of the city treasurer serve to keep an accurate record of the bonds so issued and sold.

�� 381.650 Bond advertisement and sale. (1) The bonds shall be advertised and sold to the highest bidder for cash.

�� (2) The council shall advertise in one newspaper, if there is one, in the county in which the municipality is located, in one leading newspaper in Portland, Oregon, and in one leading financial newspaper in New York City for two weeks before any sale of bonds, the fact of the sale, inviting bids for the bonds and stating such facts as will interest prospective purchasers. For example, the date and place of sale, the terms of sale, the character of the bonds, the amount of interest and denomination of the bonds, the fact that all bids must be accompanied by a certified check for five percent of the amount of the payment, that any and all bids may be rejected, that the bonds may be sold for cash only and to the highest bidder and such other facts as may in the judgment of the council procure the most advantageous sale of the bonds may be stated.

�� (3) All bids to purchase bonds must be sealed and accompanied by a certified check for five percent of the amount of the bid. The council may reject any and all bids.

�� 381.655 Custody and disbursement of bond proceeds. The proceeds of all the bonds sold under ORS 381.605 to 381.670 shall be paid into the city treasury and shall go into a special bridge fund. Such proceeds shall be disbursed for the purposes for which the bonds are issued.

�� 381.660 Use of tolls to pay bonded indebtedness and bridge maintenance. (1) Tolls shall be fixed, charged and collected for passage over the bridge mentioned in ORS 381.605, and shall be so fixed and adjusted as to provide a fund sufficient to pay the principal and interest of the bonds issued for such bridge and an additional fund to pay the cost of maintaining, repairing and operating such bridge.

�� (2) The tolls, except such part thereof as may be necessary to pay the cost of maintaining, repairing and operating the bridge, shall be placed in a special fund, which is pledged to and charged with the payment of the bonds and the interest thereon.

�� 381.665 Tax for bridge expense not paid by tolls. Should the tolls and revenues procured for the use of the bridge be insufficient to pay the cost of maintaining, repairing and operating the bridge and the interest and principal upon bonded indebtedness as it accrues, the city council may each year levy and collect taxes upon all property, real and personal, situated within the boundaries of the municipality and which is by law taxable for state and other purposes, sufficient to provide for such deficit, subject, however, to charter provisions and the provisions of the Oregon Constitution with respect to debt limitations.

�� 381.670 Plans for bridge construction; bids; awarding contract. (1) The council shall cause to be prepared surveys, plans, specifications and estimates for the materials to be used and the manner and method of construction of any bridge constructed under ORS 381.605 to 381.670.

�� (2) The council shall invite bids for the construction of any such bridge in conformity with the plans and specifications.

�� (3) The council shall award the contract to the lowest and best responsible bidder, but any and all bids may be rejected if it appears to the best interests of the general public. [Amended by 1971 c.659 �5]

INTERSTATE BRIDGES CROSSING COLUMBIA RIVER UNDER JURISDICTION OF BISTATE COMMISSION

�� 381.700 Findings. The Legislative Assembly finds and declares that:

�� (1) Interstate toll bridges owned by local governments provide critical links for the transport of workers, services, tourism and emergency response between the State of Oregon and the State of Washington, and for Oregon businesses to transport local agricultural products, forest products, rock, gravel and manufactured products within the region and to national markets.

�� (2) Existing interstate toll bridges owned by local governments are becoming functionally obsolete, weight-restricted, seismically deficient and hazardous for marine freight, and need to be replaced.

�� (3) Replacement of aging interstate toll bridges by local governments is extremely challenging, and the local governments that own or are served by the bridges require additional means to address the problem. For some bistate regions, the successful replacement and subsequent operation of interstate toll bridges is best accomplished by an independent bistate governmental authority, chartered by local governments, with sufficient powers to efficiently and equitably develop, operate, maintain, toll and finance a replacement bridge. [2022 c.7 �1]

�� 381.702 Definitions. As used in ORS 381.702 to 381.755, unless the context requires otherwise:

�� (1) �Board� means the board of directors of a commission.

�� (2) �Bridge� means an interstate toll bridge, including any approaches, that replaces an existing bridge crossing the Columbia River between the State of Oregon and the State of Washington.

�� (3) �Bridge finance plan� means a plan adopted by a board to finance the design, construction, operation, maintenance, administration and governance of a bridge replacement project.

�� (4) �Bridge replacement project� means a project undertaken by a commission to replace an existing bridge, including but not limited to any approaches, buildings, structures, facilities, equipment, improvements, tolling systems and software and appurtenances necessary or incidental to the new bridge.

�� (5) �Commission� means a public corporation formed under ORS 381.705 with the powers described in ORS 381.712.

�� (6) �Commission formation agreement� means a bistate agreement among local governments to form a commission.

�� (7) �Construction� or �construct� means activities, materials and services necessary or incidental to the design and construction of a bridge replacement project, including but not limited to engineering, permitting, property acquisition, procurement, installation of equipment, site work, utility relocation, inspection, start-up, landscaping, hard construction, environmental mitigation, demolition and removal of an existing bridge and associated accounting, legal, administrative, project management and governance activities.

�� (8) �Debt instrument� means a contractual undertaking, financing agreement or other instrument entered into or issued by a commission to evidence an obligation to repay or guaranty repayment of borrowed moneys, including but not limited to bonds, refunding bonds, notes, loans, interim financing, anticipation notes, certificates, credit enhancement devices or other debt obligations.

�� (9) �Departments of transportation� means the Oregon Department of Transportation and the Washington State Department of Transportation.

�� (10) �Director� means a duly appointed member of the board or, when acting in the absence of a director, a duly appointed alternate member of the board.

�� (11) �Existing bridge� means an existing interstate toll bridge crossing the Columbia River between the State of Oregon and the State of Washington.

�� (12) �Local government� has the meaning given that term in ORS 174.116 and includes local governments in the State of Washington.

�� (13) �Operate,� �operation� or �operations� means the activities necessary or incidental to the operation, tolling, maintenance, repair, rehabilitation, renewal or replacement of a bridge, and the associated financial, legal, administrative, management and governance activities.

�� (14) �Other charges� means administrative and other fees, civil penalties and other amounts established by the commission for use of a bridge.

�� (15) �Primary place of business� means the state and county within which the principal headquarters office of a commission is established in a commission formation agreement, notwithstanding a subsequent relocation of the principal headquarters office of the commission.

�� (16) �Public corporation� means a corporation created under ORS 381.705 to perform essential governmental functions for the public purposes described in ORS 381.705 that, when issuing bonds or other debt instruments, acts on behalf of the local governments as a constituted authority, within the meaning of regulations adopted by the United States Department of the Treasury and rulings of the Internal Revenue Service under section 103 of the Internal Revenue Code.

�� (17) �State� means the State of Oregon or the State of Washington. [2022 c.7 �2]

�� 381.705 Creation and purposes. (1) Upon enactment by the State of Washington of legislation having the same material effect as ORS 381.702 to 381.755, local governments may enter into a commission formation agreement to form and charter a commission under this section. The commission is a public corporation formed under the laws of the State of Oregon and the State of Washington, vested with the powers and duties granted by ORS 381.702 to 381.755. The commission shall perform an essential governmental function and exercise the commission�s powers for the public purposes described in this section.

�� (2) Local governments by resolution may enter into a commission formation agreement, consistent with the requirements of ORS 381.702 to 381.755, to charter and form a commission. A commission formation agreement at a minimum must be approved and executed by the owner of an existing bridge and by the governing bodies of the counties within which an existing bridge is situated. A commission formation agreement may be adopted by local governments in phases, provided that all required elements of a commission formation agreement be adopted before a board may authorize the issuance of toll revenue bonds. A commission formation agreement must specify:

�� (a) A name for the commission;

�� (b) The date on which the powers granted to the commission by ORS 381.702 to 381.755 become effective;

�� (c) The primary place of business for the purpose of establishing the applicable laws described in ORS 381.745;

�� (d) The composition and appointment process for members of the board as described in ORS 381.710 (1) and (2);

�� (e) The terms of office and any rules, responsibilities and requirements that apply to the offices of chair and cochair as described in ORS 381.710 (4);

�� (f) The requirements for formal actions of the board as described in ORS 381.710 (5); and

�� (g) Any other provisions adopted by a local government, provided that the provisions comply with the applicable laws under ORS 381.745 and do not impair or adversely affect the powers of the commission under ORS 381.702 to 381.755.

�� (3) A commission formation agreement may allow for a board to amend the provisions of the commission formation agreement pursuant to subsection (2)(d) to (g) of this section and ORS 381.710 (5), and may establish conditions for an amendment.

�� (4) The purposes of a commission are to:

�� (a) Design, engineer, develop, finance, refinance, install, equip and construct a bridge to replace and remove an existing bridge;

�� (b) Act as a cooperative bistate governance structure to develop, own or control, fix and adjust tolls and regulate the use of a bridge;

�� (c) Oversee the efficient operation, maintenance, administration, rehabilitation and renewal of a bridge; and

�� (d) Perform other duties and exercise other powers as may be conferred upon the commission by law. [2022 c.7 �3]

�� 381.710 Governance; rules. (1) A commission shall be governed by a board of directors. A commission formation agreement must specify the number of voting directors and nonvoting directors, if any, appointed by local governments from each state and by governmental entities that are not local governments, if any, and shall establish procedures for the nomination and appointment of the directors, which may differ by state.

�� (2) Each nominating authority shall nominate and each appointing authority shall appoint an alternate director for each director it nominates or appoints. The alternate director may act only in the absence of the director for whom the alternate is appointed.

�� (3) Directors shall serve without compensation, but may be reimbursed for reasonable expenses incurred as an incident to the performance of their duties. Directors shall serve at the pleasure of the appointing authority and may be removed or suspended from office by the appointing authority with or without cause. The commission formation agreement must specify the initial term of office of each director to ensure that subsequent appointments by appointing authorities from each state are reasonably and similarly staggered. Except for the initial appointment of directors, the term of office of a director shall be four years.

�� (4) The board shall elect two cochairs from among the directors of the board. One cochair must reside in the State of Oregon and the other cochair must reside in the State of Washington. The cochairs shall serve as first cochair and second cochair, with the first cochair responsible for presiding at the commission meetings. The board shall specify which cochair will serve in which position within one year from the date of formation of the commission, after which time the two positions must alternate on an annual basis. The commission formation agreement must establish the terms of office of the cochairs and may establish other requirements for the office of cochair as requested by the local governments.

�� (5) Formal actions of the board must be taken by ordinance or resolution duly approved at any regular or special meeting of the board. An action of the board is not effective unless there is a quorum present and a majority of the directors present assent to the action. A commission formation agreement must establish the requirements for a quorum and may establish other requirements for formal actions of the board as requested by the local governments.

�� (6) Unless otherwise provided in an ordinance or resolution adopted by a board, a board has the exclusive right to exercise the powers granted by ORS 381.702 to

ORS 260.995

260.995�� Civil penalties; procedure and notice requirements; hearing; payment of penalty

ELECTION CAMPAIGN FINANCE REGULATION

(Generally)

�� 260.005 Definitions. As used in this chapter:

�� (1)(a) �Candidate� means:

�� (A) An individual whose name is printed on a ballot, for whom a declaration of candidacy, nominating petition or certificate of nomination to public office has been filed or whose name is expected to be or has been presented, with the individual�s consent, for nomination or election to public office;

�� (B) An individual who has solicited or received and accepted a contribution, made an expenditure, or given consent to an individual, organization, political party or political committee to solicit or receive and accept a contribution or make an expenditure on the individual�s behalf to secure nomination or election to any public office at any time, whether or not the office for which the individual will seek nomination or election is known when the solicitation is made, the contribution is received and retained or the expenditure is made, and whether or not the name of the individual is printed on a ballot; or

�� (C) A public office holder against whom a recall petition has been completed and filed.

�� (b) For purposes of this section and ORS 260.035 to 260.156, �candidate� does not include a candidate for the office of precinct committeeperson.

�� (2) �Committee director� means any person who directly and substantially participates in decision-making on behalf of a political committee concerning the solicitation or expenditure of funds and the support of or opposition to candidates or measures. The officers of a political party shall be considered the directors of any political party committee of that party, unless otherwise provided in the party�s bylaws.

�� (3) Except as provided in ORS 260.007, �contribute� or �contribution� includes:

�� (a) The payment, loan, gift, forgiving of indebtedness, or furnishing without equivalent compensation or consideration, of money, services other than personal services for which no compensation is asked or given, supplies, equipment or any other thing of value:

�� (A) For the purpose of influencing an election for public office or an election on a measure, or of reducing the debt of a candidate for nomination or election to public office or the debt of a political committee; or

�� (B) To or on behalf of a candidate, political committee or measure; and

�� (b) The excess value of a contribution made for compensation or consideration of less than equivalent value.

�� (4) �Controlled committee� means a political committee that, in connection with the making of contributions or expenditures:

�� (a) Is controlled directly or indirectly by a candidate or a controlled committee; or

�� (b) Acts jointly with a candidate or controlled committee.

�� (5) �Controlled directly or indirectly by a candidate� means:

�� (a) The candidate, the candidate�s agent, a member of the candidate�s immediate family or any other political committee that the candidate controls has a significant influence on the actions or decisions of the political committee; or

�� (b) The candidate�s principal campaign committee and the political committee both have the candidate or a member of the candidate�s immediate family as a treasurer or director.

�� (6) �County clerk� means the county clerk or the county official in charge of elections.

�� (7) �Elector� means an individual qualified to vote under Article II, section 2, of the Oregon Constitution.

�� (8) Except as provided in ORS 260.007, �expend� or �expenditure� includes the payment or furnishing of money or anything of value or the incurring or repayment of indebtedness or obligation by or on behalf of a candidate, political committee or person in consideration for any services, supplies, equipment or other thing of value performed or furnished for any reason, including support of or opposition to a candidate, political committee or measure, or for reducing the debt of a candidate for nomination or election to public office. �Expenditure� also includes contributions made by a candidate or political committee to or on behalf of any other candidate or political committee.

�� (9) �Filing officer� means:

�� (a) The Secretary of State:

�� (A) Regarding a candidate for public office;

�� (B) Regarding a statement required to be filed under ORS 260.118;

�� (C) Regarding any measure; or

�� (D) Regarding any political committee.

�� (b) In the case of an irrigation district formed under ORS chapter 545, �filing officer� means:

�� (A) The county clerk, regarding any candidate for office or any measure at an irrigation district formation election where the proposed district is situated wholly in one county;

�� (B) The county clerk of the county in which the office of the secretary of the proposed irrigation district will be located, regarding any candidate for office or any measure at an irrigation district formation election where the proposed district is situated in more than one county; or

�� (C) The secretary of the irrigation district for any election other than an irrigation district formation election.

�� (10) �Independent expenditure� means an expenditure by a person for a communication in support of or in opposition to a clearly identified candidate or measure that is not made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of the candidate, or any political committee or agent of a political committee supporting or opposing a measure. For purposes of this subsection:

�� (a) �Agent� means any person who has:

�� (A) Actual oral or written authority, either express or implied, to make or to authorize the making of expenditures on behalf of a candidate or on behalf of a political committee supporting or opposing a measure; or

�� (B) Been placed in a position within the campaign organization where it would reasonably appear that in the ordinary course of campaign-related activities the person may authorize expenditures.

�� (b)(A) �Clearly identified� means, with respect to candidates:

�� (i) The name of the candidate involved appears;

�� (ii) A photograph or drawing of the candidate appears; or

�� (iii) The identity of the candidate is apparent by unambiguous reference.

�� (B) �Clearly identified� means, with respect to measures:

�� (i) The ballot number of the measure appears;

�� (ii) A description of the measure�s subject or effect appears; or

�� (iii) The identity of the measure is apparent by unambiguous reference.

�� (c) �Communication in support of or in opposition to a clearly identified candidate or measure� means:

�� (A)(i) The communication, when taken as a whole and with limited reference to external events, such as the proximity to the election, could only be interpreted by a reasonable person as containing advocacy for the election or defeat of a clearly identified candidate for nomination or election to public office, or the passage or defeat of a clearly identified measure; and

�� (ii) The electoral portion of the communication is unmistakable, unambiguous and suggestive of only one meaning; or

�� (B)(i) The communication involves aggregate expenditures of more than $250 by a person;

�� (ii) The communication refers to a clearly identified candidate or measure that will appear on the ballot or to a political party; and

�� (iii) The communication is published and disseminated to the relevant electorate within 60 calendar days before a primary election, 120 calendar days before a general election or 90 calendar days before an election other than a primary election or a general election.

�� (d) �Made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of the candidate, or any political committee or agent of a political committee supporting or opposing a measure�:

�� (A) Means any arrangement, coordination or direction by the candidate or the candidate�s agent, or by any political committee or agent of a political committee supporting or opposing a measure, prior to the publication, distribution, display or broadcast of the communication. An expenditure shall be presumed to be so made when it is:

�� (i) Based on information about the plans, projects or needs of the candidate, or of the political committee supporting or opposing a measure, and provided to the expending person by the candidate or by the candidate�s agent, or by any political committee or agent of a political committee supporting or opposing a measure, with a view toward having an expenditure made; or

�� (ii) Made by or through any person who is or has been authorized to raise or expend funds, who is or has been an officer of a political committee authorized by the candidate or by a political committee or agent of a political committee supporting or opposing a measure, or who is or has been receiving any form of compensation or reimbursement from the candidate, the candidate�s principal campaign committee or agent or from any political committee or agent of a political committee supporting or opposing a measure.

�� (B) Does not mean providing to the expending person upon request a copy of this chapter or any rules adopted by the Secretary of State relating to independent expenditures.

�� (11) �Initiative petition� means a petition to initiate a measure for which a prospective petition has been filed but that is not yet a measure.

�� (12) �Judge� means judge of the Supreme Court, Court of Appeals, circuit court or the Oregon Tax Court.

�� (13) �Mass mailing� means more than 200 substantially similar pieces of mail, but does not include a form letter or other mail that is sent in response to an unsolicited request, letter or other inquiry.

�� (14) �Measure� includes any of the following submitted to the people for their approval or rejection at an election:

�� (a) A proposed law.

�� (b) An Act or part of an Act of the Legislative Assembly.

�� (c) A revision of or amendment to the Oregon Constitution.

�� (d) Local, special or municipal legislation.

�� (e) A proposition or question.

�� (15) �Occupation� means:

�� (a) The nature of an individual�s principal business; and

�� (b) If the individual is employed by another person, the business name and address, by city and state, of the employer.

�� (16) �Person� means an individual, corporation, limited liability company, labor organization, association, firm, partnership, joint stock company, club, organization or other combination of individuals having collective capacity.

�� (17) �Petition committee� means an initiative, referendum or recall petition committee organized under ORS 260.118.

�� (18) �Political committee� means a combination of two or more individuals, or a person other than an individual, that has:

�� (a) Received a contribution for the purpose of supporting or opposing a candidate, measure or political party; or

�� (b) Made an expenditure for the purpose of supporting or opposing a candidate, measure or political party. For purposes of this paragraph, an expenditure does not include:

�� (A) A contribution to a candidate or political committee that is required to report the contribution on a statement filed under ORS 260.057 or 260.076 or a certificate filed under ORS 260.112; or

�� (B) An independent expenditure for which a statement is required to be filed by a person under ORS 260.044.

�� (19) �Public office� means any national, state, county, district, city office or position, except a political party office, that is filled by the electors.

�� (20) �Recall petition� means a petition to recall a public officer for which a prospective petition has been filed but that is not yet a measure.

�� (21) �Referendum petition� means a petition to refer a measure for which a prospective petition has been filed but that is not yet a measure.

�� (22) �Regular district election� means the regular district election described in ORS

ORS 261.355

261.355 issue and sell revenue bonds pledging revenues of its electric system and its interest or share of the revenues derived from the common facilities and any additions or betterments thereto, in order to pay its respective share of the cost of the planning, financing, acquisition and construction thereof. All moneys paid or property supplied by any such district for the purpose of carrying out the powers conferred by ORS 261.235 to 261.255 are declared to be for a public purpose. [1967 c.603 �12; 1999 c.865 �41]

POWERS

�� 261.305 General powers of district. People�s utility districts shall have power:

�� (1) To have perpetual succession.

�� (2) To adopt a seal and alter it at pleasure.

�� (3) To sue and be sued, to plead and be impleaded.

�� (4) To acquire and hold, including by lease-purchase agreement, real and other property necessary or incident to the business of the districts, within or without, or partly within or partly without, the district, and to sell or dispose of that property; to acquire, develop and otherwise provide for a supply of water for domestic and municipal purposes, waterpower and electric energy, or electric energy generated from any utility, and to distribute, sell and otherwise dispose of water, waterpower and electric energy, within or without the territory of such districts.

�� (5) To acquire, own, trade, sell or otherwise transfer renewable energy certificates.

�� (6) To exercise the power of eminent domain for the purpose of acquiring any property, within or without the district, necessary for the carrying out of the provisions of this chapter.

�� (7) To borrow money and incur indebtedness; to issue, sell and assume evidences of indebtedness; to refund and retire any indebtedness that may exist against or be assumed by the district or that may exist against the revenues of the district; to pledge any part of its revenues; and to obtain letters of credit or similar financial instruments from banks or other financial institutions. Except as provided in ORS 261.355 and 261.380, no revenue or general obligation bonds shall be issued or sold without the approval of the electors. The board of directors may borrow from banks or other financial institutions such sums as the board of directors deems necessary or advisable. No indebtedness shall be incurred or assumed except for the development, purchase and operation of electric utility facilities or for the purchase of electricity, electrical capacity or renewable energy certificates.

�� (8) To exercise the powers otherwise granted to districts by ORS 271.390.

�� (9) To levy and collect, or cause to be levied and collected, subject to constitutional limitations, taxes for the purpose of carrying on the operations and paying the obligations of the district as provided in this chapter.

�� (10) To make contracts, to employ labor and professional staff, to set wages in conformance with ORS 261.345, to set salaries and provide compensation for services rendered by employees and by directors, to provide for life insurance, hospitalization, disability, health and welfare and retirement plans for employees, and to do all things necessary and convenient for full exercise of the powers herein granted. The provision for life insurance, hospitalization, disability, health and welfare and retirement plans for employees shall be in addition to any other authority of people�s utility districts to participate in those plans and shall not repeal or modify any statutes except those that may be in conflict with the provision for life insurance, hospitalization, disability, health and welfare and retirement plans.

�� (11) To enter into contracts with any person, any public or private corporation, the United States Government, the State of Oregon, or with any other state, municipality or utility district, and with any department of any of these, for carrying out any provisions of this chapter.

�� (12) To enter into agreements with the State of Oregon or with any local governmental unit, utility, special district or private or public corporation for the purpose of promoting economic growth and the expansion or addition of business and industry within the territory of the people�s utility district. Before spending district funds under such an agreement, the board of directors shall enter on the written records of the district a brief statement that clearly indicates the purpose and amount of any proposed expenditure under the agreement.

�� (13) To fix, maintain and collect rates and charges for any water, waterpower, electricity or other commodity or service furnished, developed or sold by the district.

�� (14) To construct works across or along any street or public highway, or over any lands which are property of this state, or any subdivision thereof, and to have the same rights and privileges appertaining thereto as have been or may be granted to cities within the state, and to construct its works across and along any stream of water or watercourse. Any works across or along any state highway shall be constructed only with the permission of the Department of Transportation. Any works across or along any county highway shall be constructed only with the permission of the appropriate county court. Any works across or along any city street shall be constructed only with the permission of the city governing body and upon compliance with applicable city regulations and payment of any fees called for under applicable franchise agreements, intergovernmental agreements under ORS chapter 190 or contracts providing for payment of such fees. The district shall restore any such street or highway to its former state as near as may be, and shall not use the same in a manner unnecessarily to impair its usefulness.

�� (15) To elect a board of five directors to manage its affairs.

�� (16) To enter into franchise agreements with cities and pay fees under negotiated franchise agreements, intergovernmental agreements under ORS chapter 190 and contracts providing for the payment of such fees.

�� (17) To take any other actions necessary or convenient for the proper exercise of the powers granted to a district by this chapter and by section 12, Article XI of the Oregon Constitution. [Amended by 1953 c.627 �2; 1957 c.334 �1; 1979 c.558 �19; 1985 c.474 �1; 1987 c.245 �4; 1993 c.97 �1; 1995 c.333 �15; 2003 c.802 �76; 2007 c.301 �38; 2007 c.895 �9]

�� 261.310 Irrigation, drainage, other districts given power of utility district in certain cases. (1) Any existing irrigation, drainage or other district in good standing and duly organized under the laws of this state shall be eligible to qualify and do any and all things necessary or incident to the purchase, generation and distribution of electric power under the terms of this chapter without the necessity of reorganizing and complying with the organization procedure prescribed in this chapter, if the qualification is approved by a majority of the persons qualified to vote at a district election who vote on that question.

�� (2) Drainage districts qualifying under the provisions of this chapter may elect additional directors to make a board of five directors. [Amended by 1979 c.558 �20; 1983 c.83 �33; 2003 c.802 �77]

�� 261.315 Acquisition of distribution facilities outside district. (1) Except as to distribution facilities located in unincorporated territory at or near the boundaries of the people�s utility district and forming an interconnected part of the distribution system within the district, as determined by the county governing body after a public hearing, no facilities then being used for the distribution of electric energy outside the boundaries of the district shall be acquired by it until the acquisition thereof is approved by a majority of the electors registered in the territory in which the facilities are located, voting on that question at an election duly called for that purpose as provided in this section. If a part of the facilities is located within a city, the election shall be conducted so that the electors of the city may vote separately and have their votes counted separately, and the part within any city may not be acquired unless a majority of the electors of the city voting on the question approves.

�� (2) When a district desires to acquire facilities outside its boundaries for distribution of electric energy, the board of directors shall pass a resolution declaring that purpose, specifying the facilities that it desires to acquire and describing the boundaries of the territory served by the facilities so as to include all those receiving service or can be reasonably served through the facilities.

�� (3) A certified copy of the resolution shall be filed with the county governing body. Within 90 days thereafter, the county governing body shall designate the boundaries of the territory served by the facilities, and certify the boundaries to the counties in which they are located. The county governing body shall at the same time notify each of the counties of the call of an election for the purpose of authorizing acquisition of the facilities. This certification and notification shall be given to the county clerks of the respective counties. The notice shall state the time of the election and contain a ballot title stated in clear and concise language.

�� (4) The provisions of ORS 261.200 shall be complied with insofar as applicable. Ballots cast by electors of cities shall be separately kept and counted for each city. [Amended by 1973 c.796 �13a; 1979 c.558 �21; 1983 c.83 �34; 2003 c.802 �78]

�� 261.320 [Repealed by 1971 c.741 �38]

�� 261.325 Acquisition of water rights. Any utility district created under this chapter may acquire in its own name the right to use the unappropriated waters of this state in accordance with the laws of this state. [Amended by 1955 c.707 �34; 1979 c.54 �1; 1979 c.558 �22]

�� 261.327 Acquisition of distribution facilities of private utility; compensation for energy efficiency measures. When a district acquires from an investor owned utility, by eminent domain or otherwise, facilities for the distribution of energy within an affected territory, the district shall compensate the owner of the facilities, in addition to any other amounts otherwise due, an amount equal to the replacement value of the investor owned utility�s unreimbursed investment in energy efficiency measures and installations within the affected territory. [1991 c.358 �7]

�� 261.330 District water right appropriation exclusive if not excessive. Any filing made by any people�s utility district upon the unappropriated waters of this state for use in the future development of a hydroelectric plant by the district shall be reserved to the district and shall not be subject to appropriation by any other person, city or corporation, unless it is judicially determined that such filing exceeds the reasonable present and future requirements of the district, in which event the surplus or excess may be by judgment of a court of competent jurisdiction released and discharged from such filing. Proceedings in court for the determination of whether or not the filing by any utility district exceeds its reasonable present and future requirements may be instituted by the State of Oregon, by the Water Resources Commission in the name of and for the State of Oregon, or by any other applicant for the right to the use of the waters involved. [Amended by 1955 c.707 �35; 2003 c.576 �407; 2003 c.802 �79]

�� 261.335 Districts subject to public contracting and purchasing requirements. (1) Except as otherwise provided in subsection (2) of this section, people�s utility districts are subject to the public contracting and purchasing requirements of ORS 279.835 to 279.855,

ORS 261.900

261.900�� Construction

GENERAL PROVISIONS

�� 261.005 Short title. This chapter shall be known as the People�s Utility District Law.

�� 261.007 Policy. The purpose of this chapter is to implement the intent and purpose of section 12, Article XI, of the Oregon Constitution including authorization for the establishment of people�s utility districts to develop the water and energy resources of this state for the benefit of the people of this state and to supply public utility service, including water, water power and electric energy for all uses and users. [1979 c.588 �2]

�� 261.010 Definitions. As used in this chapter, unless otherwise required by the context:

�� (1) �Affected territory� means that territory proposed to be formed into, annexed to or consolidated with a district.

�� (2) �Board of directors,� �directors� or �board� means the governing body of a people�s utility district, elected and functioning under the provisions of this chapter.

�� (3) �County governing body� means either the county court or board of county commissioners and, if the affected territory is composed of portions of two or more counties, the governing body of that county having the greatest portion of the assessed value of all taxable property within the affected territory, as shown by the most recent assessment roll of the counties.

�� (4) �Electors� petition� means a petition addressed to the county governing body and filed with the county clerk, containing the signatures of electors registered in the affected territory, equal to not less than three percent of the total number of votes cast for all candidates for Governor within the affected territory at the most recent election at which a candidate for Governor was elected to a full term, setting forth and particularly describing the boundaries of the parcel of territory, separate parcels of territory, city and district, or any of them, referred to therein, and requesting the county governing body to call an election to be held within the boundaries of the parcel of territory, separate parcels of territory, city and district, or any of them, for the formation of a district, the annexation of a parcel of territory or a city to a district, or the consolidation of two or more districts.

�� (5) �Electric cooperative� means a cooperative corporation owning and operating an electric distribution system.

�� (6) �Initial utility system� means a complete operating utility system, including energy efficiency measures and installations within the district or proposed district, capable of supplying the consumers required to be served by the district at the time of acquisition or construction with all of their existing water or electrical energy needs.

�� (7) �Parcel of territory� means a portion of unincorporated territory, or an area in a city comprised of less than the entire city.

�� (8) �People�s utility district� or �district� means an incorporated people�s utility district, created under the provisions of this chapter.

�� (9) �Replacement value of unreimbursed investment� means original cost new less depreciation of capitalized energy efficiency measures and installations in the premises of customers of an investor owned utility.

�� (10) �Separate parcel of territory� means unincorporated territory that is not contiguous to other territory that is a part of a district or that is described in a petition filed with the county clerk in pursuance of the provisions of this chapter, but when a proposed district includes territory in more than one county, the contiguous territory in each such county shall be considered as a separate parcel of territory. When a proposed district includes any area in a city comprised of less than the entire city, that area shall be considered as a separate parcel of territory.

�� (11) �Utility� means a plant, works or other property used for development, generation, storage, distribution or transmission of electricity, or development or transmission of water for domestic or municipal purposes, but transmission of water shall not include water for irrigation or reclamation purposes, except as secondary to and when used in conjunction with a hydroelectric plant. [Amended by 1961 c.224 �10; 1979 c.558 �4; 1981 c.804 �76; 1983 c.83 �32; 1989 c.174 �3; 1991 c.358 �1; 2003 c.802 �65; 2005 c.22 �189; 2007 c.301 �30; 2007 c.895 �1]

�� 261.015 [Renumbered 261.121]

�� 261.020 [Repealed by 1973 c.796 �79]

�� 261.025 Statutory provisions cumulative. The provisions of this chapter are additional and cumulative to the provisions of any other law now or hereafter existing for the holding of elections in districts.

�� 261.030 Limit of authority to control existing utilities of electric cooperatives or cities. Nothing contained in this chapter authorizes or empowers the board of directors of any people�s utility district to interfere with or exercise any control over any existing utility owned and operated by any electric cooperative or city in the district unless by consent of the governing body of the electric cooperative or of the city council or the governing body of the plant owned by a city, when the control of the plant is vested in a governing body other than the city council or governing body of the city. However a district may participate fully, on a mutually agreed basis, with electric cooperatives and utilities owned by cities in common facilities under ORS 261.235 to 261.255 and in the formation and operation of joint operating agencies under ORS chapter 262. [Amended by 1979 c.558 �5; 2003 c.802 �66; 2007 c.301 �31; 2007 c.895 �2]

�� 261.035 Effect of chapter on charter provisions of cities and acquisition of plants. Nothing in this chapter modifies in any manner any charter provisions of any city, or prohibits any city from acquiring and operating its own plant. [Amended by 2003 c.802 �67]

�� 261.040 [Amended by 1979 c.558 �6; renumbered 261.118]

�� 261.045 Procedure in absence of specific provision. Where the procedure for formation of a district, annexation of territory to a district, consolidation of two or more districts, issuance of bonds and levying and collection of taxes, holding of elections or any other matter in connection with organization or operation of utility districts is not specifically provided for, any suitable method and proceeding, or either, may be adopted which may appear most conformable to the spirit of this chapter and the provisions of section 12, Article XI, Oregon Constitution.

�� 261.050 Taxation of district property. (1) All property, real and personal, owned, used, operated or controlled by any people�s utility district, in or for the production, transmission, distribution or furnishing of electricity or electric service for or to the public, shall be assessed and taxed in the same manner and for the same purposes, and the district and the directors and officers thereof shall be subject to the same requirements, as are provided by law in respect to assessment and taxation of similar property owned, used, operated or controlled by private corporations or individuals for the purpose of furnishing electricity or electric service to the public.

�� (2) If a people�s utility district owns property jointly with a tax-exempt governmental or municipal entity, only the portion of the property used, operated or controlled by the people�s utility district shall be assessed and taxed pursuant to subsection (1) of this section. [Amended by 2007 c.301 �32; 2007 c.895 �3a]

�� 261.055 Special elections called by board. When any people�s utility district desires to hold an election for the purpose of submitting to the electors of the district any question that may lawfully be submitted to them, the board may, at any regular or special meeting called in accordance with its rules or the statutes governing the same, adopt a resolution calling a special election to be held on a date specified in ORS

ORS 273.180

273.180]

�� 273.755 Filing maps of railroad location and depot sites; department�s duties. (1) Whenever a railway company mentioned in ORS 273.751, or its successors or assigns, files with the Department of State Lands a map of the definite location of its road lines through any state lands, the department thereafter shall except from sale such right of way and lands for purposes named in ORS 273.751.

�� (2) Whenever a railway company has selected a tract of state lands for any purpose mentioned in ORS 273.751, the company shall file with the department a map of the same, with a description connected with surveys acceptable to the department. After such map has been filed, after completion of construction of a railroad through such lands and upon payment for the lands at the rate of $1 per acre, the department shall execute and deliver to the company, its successors or assigns, deeds for the tracts of lands so selected. [Formerly 273.190]

�� 273.760 [Repealed by 1967 c.421 �206]

�� 273.761 Right of way for water ditches and pipes. (1) A right of way for construction of a water ditch to be used for irrigation, manufacturing or mining purposes, ditches or water pipes for conveying water to political subdivisions for domestic purposes, or for the extinguishment of fires, is granted for a distance of 25 feet on each side of such ditches or water pipes to any person who may construct such water ditches or water pipes over any submersible, swamp or school lands.

�� (2) A right of way for the construction and maintenance of domestic and industrial water supply mains, sanitary pressure mains and storm water outfalls is granted for a distance of 25 feet on each side of such mains and outfalls to any municipal corporation that constructs and maintains them in or over submerged or submersible lands or new lands created thereon.

�� (3) All deeds, leases and easements granted by the State of Oregon for any of the lands mentioned in this section shall be made subject to any vested rights of the owners of such water ditches, water pipes, mains or outfalls as may have been acquired under this section.

�� (4) The person or municipal corporation constructing such water ditches, water pipes, mains or outfalls shall file with the Department of State Lands a copy of the field notes of the survey of such ditches, water pipes, mains or outfalls, showing their location.

�� (5) Any construction, maintenance, relocation or extension of a main or outfall described in subsection (2) of this section shall be carried out in accordance with any applicable rules of the department. [Formerly 273.200; 1973 c.511 �2]

�� 273.765 Liability for costs of relocation or extension of mains and outfalls. Any person adding or removing any material to or from submerged or submersible land so as to make necessary or advisable the relocation or extension of a main or outfall described in ORS

ORS 273.270

273.270]

�� 273.915 Release of claims under pre-1947 deeds reserving right of way. The State of Oregon hereby remises, releases and forever quitclaims unto the grantees therein, their heirs and assigns, all rights, titles and interest that may have remained or vested in the State of Oregon under deeds executed prior to July 5, 1947, by the State Land Board wherein there was attempted to be reserved a �right of way for ditches, canals and reservoir sites for irrigation purposes, constructed, or which may be constructed, by authority of the United States.� [Formerly

ORS 276.028

276.028]

�� 276.055 Capitol Planning Commission; compensation; meetings. (1) The Capitol Planning Commission is established. The commission shall consist of nine members, as follows:

�� (a) Four members shall be appointed by the Governor;

�� (b) One member shall be the Mayor of the City of Salem or the designee of the mayor;

�� (c) One member shall be the chairperson of the Salem Planning Commission or a member of the planning commission who is designated by the chairperson;

�� (d) One member shall be the Director of the Oregon Department of Administrative Services or the designee of the director;

�� (e) One member, who shall be an advisory member without vote, shall be the President of the Senate or a person serving in the Senate who is designated by the President; and

�� (f) One member, who shall be an advisory member without vote, shall be the Speaker of the House of Representatives or a person serving in the House of Representatives who is designated by the Speaker.

�� (2) Of the four members of the commission appointed by the Governor under subsection (1) of this section:

�� (a) At least two members must be residents of Marion County or Polk County. Of the members who are residents of Marion County or Polk County, at least one member must be a resident of the City of Salem.

�� (b) Only one member may be employed by a public body as defined in ORS 174.109.

�� (3) The term of office of the four members of the commission appointed by the Governor is four years, but each such member shall serve at the pleasure of the Governor.

�� (4) A vacancy in the office of any of the four members of the commission appointed by the Governor shall be filled by the Governor by appointment for the unexpired term.

�� (5) The commission shall elect a chairperson and a vice chairperson, who shall serve as officers for a term of two years and may be reelected.

�� (6) Members of the Capitol Planning Commission who are not members of the Legislative Assembly are entitled to compensation and expenses as provided in ORS 292.495. Members of the commission who are members of the Legislative Assembly shall be paid compensation and expense reimbursement as provided in ORS 171.072, payable from funds appropriated to the Legislative Assembly.

�� (7) The Oregon Department of Administrative Services shall provide staffing and other resources required by the commission to carry out the commission�s duties.

�� (8) The commission shall adopt administrative rules necessary for the performance of the commission�s duties.

�� (9) The Capitol Planning Commission shall meet at the call of the chairperson or at such times that a majority of the commission members considers appropriate. The Governor may call the commission to meet at any time requested by the Oregon Department of Administrative Services. [2009 c.896 ��1 to 3]

�� Note: 276.055 to 276.061 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 276 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 276.056 Duties of commission. (1) The Capitol Planning Commission:

�� (a) Shall adopt and implement a plan of development for the areas described by ORS 276.054 and shall recommend to the Legislative Assembly any legislation necessary to effectuate the plan.

�� (b) Shall conduct continuing studies and analyses, in cooperation with affected state agencies, of the building needs of all state agencies located within the boundaries of the cities of Salem and Keizer.

�� (c) Shall establish, adopt and implement a master plan for the development of the state buildings situated within the area bordered by State Street on the south and D Street on the north, and Winter Street on the west and 12th Street, between State Street and Court Street, and Capitol Street, between Court Street and D Street, on the east.

�� (d) Shall adopt standards for the development of state buildings and grounds, including but not limited to landscaping requirements, setback requirements, lot coverage limitations, building height and bulk limitations and requirements for the protection of the surrounding community environment.

�� (2) If the commission establishes, adopts or implements a plan of development in an area that is located within the boundaries of the City of Salem or the City of Keizer, the commission shall recommend to the governing body of Salem or Keizer any legislation necessary to effectuate the plan.

�� (3) The commission shall consult with state agencies, transit districts and other local government agencies that have jurisdiction within the areas described by ORS

ORS 276.054

276.054, in consultation with the architect for the particular building shall determine the amount available for each state building and shall commission by contract or shall purchase suitable works of art for each building. The agencies designated by this section are solely responsible for selection, review of design, execution, placement and acceptance of works of art acquired pursuant to ORS 276.073 to 276.090. The designated agencies, to the extent reasonable, shall consult with appropriate local citizens groups and the occupants of the affected state building in determining the selection of the works of art.

�� (2) Of the amount determined to be available for a state building under subsection (1) of this section, a portion may be assessed by the Arts Program of the Oregon Business Development Department and used to reimburse the program for costs incurred under ORS 276.073 to 276.090 as administrative expenses or as expenses for maintaining the works of art acquired. No more than 10 percent of the amount available for a state building may be assessed under this subsection.

�� (3) Title to works of art acquired pursuant to ORS 276.073 to 276.090 vests with the contracting agency in the name of the state. The agencies designated by this section may lend works of art between public buildings whenever in their judgment the loan will be to the benefit of the citizens of this state. However, the works of art shall be returned to the contracting agency at its request. [1975 c.472 �3; 1977 c.848 �4; 1993 c.209 �19; 2003 c.796 ��7,8; 2005 c.217 �16]

�� Note: See note under 276.073.

(Public Policy for State Buildings)

�� 276.093 Definitions for ORS 276.093 to 276.098 and 276.440. As used in ORS 276.093 to 276.098 and 276.440:

�� (1) �Commercial activities� includes, but is not limited to, restaurants, food stores, craft stores, dry goods stores and display facilities.

�� (2) �Cultural activities� includes, but is not limited to, film, dramatic, dance and musical presentations, fine arts exhibits, studios and public meeting places, whether or not used by persons, firms or organizations intending to make a profit.

�� (3) �Director� means the Director of the Oregon Department of Administrative Services.

�� (4) �Educational activities� includes, but is not limited to, libraries, schools, child care facilities, laboratories and lecture and demonstration facilities.

�� (5) �Historical, architectural or cultural significance� includes, but is not limited to, buildings listed or eligible to be listed on the National Register of Historic Places under the National Historic Preservation Act of October 15, 1966 (54 U.S.C. 300101 et seq.).

�� (6) �Recreational activities� includes, but is not limited to, gymnasiums and related facilities.

�� (7) �State building� means all state buildings under the control of the Oregon Department of Administrative Services.

�� (8) �Unit of local government� means any city or county, or other political subdivision of the state. [1977 c.599 �1; 1993 c.500 �19; 1995 c.278 �31; 2019 c.278 �6; 2021 c.97 �21]

�� Note: 276.093 to 276.098 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 276 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 276.094 Public policy for state buildings. The Legislative Assembly recognizes the responsibility of the state to promote more efficient use of the state�s construction resources, to foster the preservation of buildings of historical, architectural or cultural significance and to enhance the social and economic environment within and surrounding state buildings. State buildings are to reflect the highest standards of the environmental design arts and are to contribute to the citizen�s image of accessibility and responsiveness of government. [1977 c.599 �2]

�� Note: See note under 276.093.

�� 276.095 Use of buildings by state and public. With respect to operating, maintaining, altering and otherwise managing or acquiring space to meet the office needs of state government and to accomplish the purposes of ORS 276.094, the Director of the Oregon Department of Administrative Services may:

�� (1) Acquire or lease and utilize space in suitable buildings of historical, architectural or cultural significance, unless use of such space would not prove feasible and prudent compared with available alternatives, taking into consideration the purposes of ORS 276.093 to 276.098 and 276.440;

�� (2) Provide and maintain space, facilities and activities to the extent practicable that encourage public access to and stimulate public pedestrian traffic around, into and through state buildings, permitting cooperative improvements to and uses of the area between the building and the street, thereby complementing and supplementing commercial, cultural, educational and recreational resources in the neighborhood of state buildings;

�� (3) Encourage the location of compatible commercial, cultural, educational and recreational facilities and activities within or near state buildings; and

�� (4) Encourage multipurpose public use of state buildings for the benefit of children and community activities, including commercial, cultural, educational and recreational use of such buildings, providing such use would not be disruptive to state government. [1977 c.599 �3; 1999 c.387 �1; 2019 c.278 �7]

�� Note: See note under 276.093.

�� 276.096 Consultation with certain agencies, officers and groups; cooperation with State Historic Preservation Officer. (1) In carrying out the duties of the Director of the Oregon Department of Administrative Services under ORS 276.095, the director shall consult with the Capitol Planning Commission, the designated State Historic Preservation Officer, the State Parks and Recreation Department, the Oregon Historical Society, the Arts Program of the Oregon Business Development Department, local landmark commissions and historic societies and the chief executive officers of those units of local government in each area served by existing or proposed state offices and shall solicit the comments of other community leaders and members of the general public that the director considers appropriate.

�� (2) Whenever the director undertakes a review of state building needs within a geographical area, the director shall request the cooperation of the State Historic Preservation Officer to identify an existing building within the geographical areas that is of historical, architectural or cultural significance and that is suitable, whether or not in need of repair, alteration or addition, for acquisition or purchase to meet the building needs of state government. [1977 c.599 �4; 1993 c.209 �20; 2001 c.104 �85; 2003 c.796 ��9,10; 2005 c.217 �17; 2009 c.896 �9]

�� Note: See note under 276.093.

�� 276.097 Public access to state offices. The Director of the Oregon Department of Administrative Services, where practicable, shall give priority in the assignment of ground floor space not leased under the terms of ORS 276.440 to state activities requiring regular contact with members of the public. To the extent ground floor space is not available, the director shall provide space with maximum ease of access to building entrances. [1977 c.599 �5; 2019 c.278 �8]

�� Note: See note under 276.093.

�� 276.098 Standards for development of state buildings and grounds. The Oregon Department of Administrative Services shall:

�� (1) Adopt standards for the development of state buildings and grounds, including but not limited to landscaping requirements, setback requirements, lot coverage limitations, building height and bulk limitations, and requirements for the protection of the community environment;

�� (2) Develop a template for area plans for use by state agencies that own real property; and

�� (3) Require state agencies to develop area plans and periodically update the plans. [2005 c.217 �9]

�� Note: See note under 276.093.

EXECUTIVE RESIDENCE

�� 276.102 Acceptance of donations for state executive residence. (1) The Executive Residence Account is established separate and distinct from the General Fund. Interest earned on moneys in the account shall be credited to the account. Moneys in the account are continuously appropriated to the Oregon Department of Administrative Services for the purpose of acquiring or constructing, remodeling, decorating, landscaping, furnishing, equipping and maintaining a state executive residence.

�� (2) The department, on behalf of the State of Oregon, may accept gifts, grants or donations from public or private sources, including gifts of real or personal property, for the purpose specified in subsection (1) of this section. The department shall deposit moneys received under this section in the account established in subsection (1) of this section. [1967 c.615 �1; 1987 c.702 �1; 2003 c.796 ��11,12; 2005 c.217 ��18,19]

�� 276.104 [1967 c.615 �2; 1969 c.314 �18; repealed by 1993 c.742 �44]

�� 276.106 Use of Oregon products. To the degree practicable, the Oregon Department of Administrative Services shall use or ensure the use of Oregon products in constructing, remodeling, equipping, furnishing and decorating the state executive residence. [1967 c.615 �3; 1987 c.702 �2; 2003 c.796 ��13,14; 2005 c.217 ��20,21]

�� 276.108 [1967 c.615 �4; 1977 c.598 �29; 1987 c.702 �3; repealed by 1993 c.742 �44]

ACQUISITION OF STATE OFFICE BUILDINGS WITH STATE TRUST FUNDS

�� 276.110 Definitions for ORS 276.009, 276.013, 276.015 and 276.110 to 276.137. As used in ORS 276.009, 276.013,

ORS 279.835

279.835 to 279.855 and 283.085 to 283.092 and ORS chapters 240, 276, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do not apply to the Oregon Utility Notification Center.

�� (4) Notwithstanding subsection (2)(b) of this section, the board of directors shall not establish rates or other charges that require payments from any subscriber who receives fewer than 50 telephone calls in the calendar year or that result in annual payments of more than $500 for any of the following subscribers:

�� (a) Cities with a population under 15,000;

�� (b) Telecommunications utilities serving fewer than 50,000 access lines and regulated by the Public Utility Commission under ORS chapter 759;

�� (c) Cable system operators serving fewer than 15,000 customers;

�� (d) Utilities, special districts, people�s utility districts or authorities providing electricity, water or sanitary sewer service to fewer than 15,000 residential customers; and

�� (e) Telecommunications cooperatives. [1995 c.691 �3; 1999 c.451 �3; 2001 c.104 �293; 2003 c.794 �329; 2012 c.107 �69]

�� Note: See note under 757.542.

�� 757.555 [Amended by 1971 c.655 �49; renumbered 756.555]

�� 757.556 [1987 c.599 �5; repealed by 1995 c.691 �8]

�� 757.557 Underground utility facility operators required to subscribe to center; liability for damage from excavation for nonsubscribers; exemption. (1) Every operator of underground facilities shall subscribe to the Oregon Utility Notification Center.

�� (2) Any person intending to excavate shall notify the Oregon Utility Notification Center at least two but not more than 10 business days before commencing an excavation. The board of directors shall, by rule, provide an exception to the requirement of advance notice for excavators in cases that involve an immediate danger to life or property, or a customer service outage. The board may adopt additional exceptions as the board, in its discretion, determines necessary.

�� (3) Nonsubscribing operators of underground facilities shall be responsible to all injured parties for all costs associated with damages to such facilities, loss of product or service or damages that occur as a result of excavation where the facilities damaged are under the control of the nonsubscribing operator and proper notice was given to the Oregon Utility Notification Center.

�� (4) The provisions of this section shall not apply to operators of underground facilities that are located entirely on private property and that provide services exclusively for the use of residents or owners of the property. [1995 c.691 �4; 2001 c.104 �294]

�� Note: See note under 757.542.

�� 757.560 [Repealed by 1971 c.655 �250]

�� 757.561 [1987 c.599 �4; repealed by 1995 c.691 �8]

�� 757.562 Report to Legislative Assembly of center activities; contracts to carry out duties. (1) The board of directors shall file with the Legislative Assembly and the Governor, not later than April 15 of each year, a report covering the activities and operations of the Oregon Utility Notification Center for the preceding calendar year according to the provisions of ORS 192.230 to 192.250.

�� (2) In carrying out the duties, functions and powers imposed by law on the Oregon Utility Notification Center, the board of directors may contract with any state agency or private party for the performance of such duties, functions and powers as the board considers appropriate. [1995 c.691 �5]

�� Note: See note under 757.542.

�� 757.565 [Repealed by 1971 c.655 �250]

�� 757.566 [1987 c.599 �6; repealed by 1995 c.691 �8]

�� 757.570 [Repealed by 1971 c.655 �250]

�� 757.571 [1987 c.599 ��7,8; repealed by 1995 c.691 �8]

�� 757.575 [Repealed by 1971 c.655 �250]

�� 757.580 [Repealed by 1971 c.655 �250]

�� 757.585 [Repealed by 1971 c.655 �250]

�� 757.590 [Amended by 1971 c.655 �48; renumbered 756.552]

�� 757.595 [Repealed by 1971 c.655 �250]

DIRECT ACCESS REGULATION

�� 757.600 Definitions for ORS 757.600 to 757.687. As used in ORS 757.600 to 757.687, unless the context requires otherwise:

�� (1) �Aggregate� means combining retail electricity consumers into a buying group for the purchase of electricity and related services.

�� (2) �Ancillary services� means services necessary or incidental to the transmission and delivery of electricity from generating facilities to retail electricity consumers, including but not limited to scheduling, load shaping, reactive power, voltage control and energy balancing services.

�� (3) �Commission� means the Public Utility Commission.

�� (4) �Consumer-owned utility� means a municipal electric utility, a people�s utility district or an electric cooperative.

�� (5) �Default supplier� means an electricity service supplier or electric company that has a legal obligation to provide electricity services to a consumer, as determined by the commission.

�� (6) �Direct access� means the ability of a retail electricity consumer to purchase electricity and certain ancillary services, as determined by the commission for an electric company or the governing body of a consumer-owned utility, directly from an entity other than the distribution utility.

�� (7) �Direct service industrial consumer� means an end user of electricity that obtains electricity directly from the transmission grid and not through a distribution utility.

�� (8) �Distribution� means the delivery of electricity to retail electricity consumers through a distribution system consisting of local area power poles, transformers, conductors, meters, substations and other equipment.

�� (9) �Distribution utility� means an electric utility that owns and operates a distribution system connecting the transmission grid to the retail electricity consumer.

�� (10) �Economic utility investment� means all electric company investments, including plants and equipment and contractual or other legal obligations, properly dedicated to generation or conservation, that were prudent at the time the obligations were assumed but the full benefits of which are no longer available to consumers as a direct result of ORS 757.600 to 757.667, absent transition credits. �Economic utility investment� does not include costs or expenses disallowed by the commission in a prudence review or other proceeding, to the extent of such disallowance, and does not include fines or penalties authorized and imposed under state or federal law.

�� (11) �Electric company� means an entity engaged in the business of distributing electricity to retail electricity consumers in this state, but does not include a consumer-owned utility.

�� (12) �Electric cooperative� means an electric cooperative corporation organized under ORS chapter 62 or under the laws of another state if the service territory of the electric cooperative includes a portion of this state.

�� (13) �Electric utility� means an electric company or consumer-owned utility that is engaged in the business of distributing electricity to retail electricity consumers in this state.

�� (14) �Electricity� means electric energy, measured in kilowatt-hours, or electric capacity, measured in kilowatts, or both.

�� (15) �Electricity services� means electricity distribution, transmission, generation or generation-related services.

�� (16) �Electricity service supplier� means a person or entity that offers to sell electricity services available pursuant to direct access to more than one retail electricity consumer. �Electricity service supplier� does not include an electric utility selling electricity to retail electricity consumers in its own service territory.

�� (17) �Governing body� means the board of directors or the commissioners of an electric cooperative or people�s utility district, or the council or board of a city with respect to a municipal electric utility.

�� (18) �Load� means the amount of electricity delivered to or required by a retail electricity consumer at a specific point of delivery.

�� (19) �Low-income weatherization� means repairs, weatherization and installation of energy efficient appliances and fixtures for low-income residences for the purpose of enhancing energy efficiency.

�� (20) �Municipal electric utility� means an electric distribution utility owned and operated by or on behalf of a city.

�� (21) �New renewable energy resource� means a renewable energy resource project, or a new addition to an existing renewable energy resource project, or the electricity produced by the project, that is not in operation on July 23, 1999. �New renewable energy resource� does not include any portion of a renewable energy resource project under contract to the Bonneville Power Administration on or before July 23, 1999.

�� (22) �One average megawatt� means 8,760,000 kilowatt-hours of electricity per year.

�� (23) �People�s utility district� has the meaning given that term in ORS 261.010.

�� (24) �Portfolio access� means the ability of a retail electricity consumer to choose from a set of product and pricing options for electricity determined by the governing board of a consumer-owned utility and may include product and pricing options offered by the utility or by an electricity service supplier.

�� (25) �Power generation company� means a company engaged in the production and sale of electricity to wholesale customers, including but not limited to independent power producers, affiliated generation companies, municipal and state authorities, provided the company is not regulated by the commission.

�� (26) �Qualifying expenditures� means those expenditures for energy conservation measures that have a simple payback period of not less than one year and not more than 10 years, and expenditures for the above-market costs of new renewable energy resources, provided that the State Department of Energy by rule may establish a limit on the maximum above-market cost for renewable energy that is allowed as a credit.

�� (27) �Renewable energy resources� means:

�� (a) Electricity generation facilities fueled by wind, waste, solar or geothermal power or by low-emission nontoxic biomass based on solid organic fuels from wood, forest and field residues.

�� (b) Dedicated energy crops available on a renewable basis.

�� (c) Landfill gas and digester gas.

�� (d) Hydroelectric facilities located outside protected areas as defined by federal law in effect on July 23, 1999.

�� (28) �Residential electricity consumer� means an electricity consumer who resides at a dwelling primarily used for residential purposes. �Residential electricity consumer� does not include retail electricity consumers in a dwelling typically used for residency periods of less than 30 days, including hotels, motels, camps, lodges and clubs. As used in this subsection, �dwelling� includes but is not limited to single family dwellings, separately metered apartments, adult foster homes, manufactured dwellings, recreational vehicles and floating homes.

�� (29) �Retail electricity consumer� means the end user of electricity for specific purposes such as heating, lighting or operating equipment, and includes all end users of electricity served through the distribution system of an electric utility on or after July 23, 1999, whether or not each end user purchases the electricity from the electric utility.

�� (30) �Site� means a single contiguous area of land containing buildings or other structures that are separated by not more than 1,000 feet, or buildings and related structures that are interconnected by facilities owned by a single retail electricity consumer and that are served through a single electric meter.

�� (31) �Transition charge� means a charge or fee that recovers all or a portion of an uneconomic utility investment.

�� (32) �Transition credit� means a credit that returns to consumers all or a portion of the benefits from an economic utility investment.

�� (33) �Transmission facility� means the plant and equipment used to transmit electricity in interstate commerce.

�� (34) �Undue market power� means the unfair or improper exercise of influence to increase or decrease the availability or price of a service or product in a manner inconsistent with competitive markets.

�� (35) �Uneconomic utility investment� means all electric company investments, including plants and equipment and contractual or other legal obligations, properly dedicated to generation, conservation and workforce commitments, that were prudent at the time the obligations were assumed but the full costs of which are no longer recoverable as a direct result of ORS 757.600 to 757.667, absent transition charges. �Uneconomic utility investment� does not include costs or expenses disallowed by the commission in a prudence review or other proceeding, to the extent of such disallowance, and does not include fines or penalties as authorized by state or federal law. [1999 c.865 �1; 2001 c.134 �8; 2003 c.186 �75]

�� 757.601 Implementation dates for direct access and portfolio of rate options; exemption for certain small electric companies. (1) All retail electricity consumers of an electric company, other than residential electricity consumers, shall be allowed direct access beginning on March 1, 2002. Retail electricity consumers shall not be allowed direct access before that date.

�� (2) Residential electricity consumers shall be allowed to purchase electricity from among a portfolio of rate options as described in ORS 757.603 not later than March 1, 2002.

�� (3) ORS 757.600 to 757.691 do not apply to an electric company providing electricity services to fewer than 25,000 consumers in this state unless the electric company offers direct access to any of its retail electricity consumers in this state or offers to sell electricity services available under direct access to more than one retail electricity consumer of another electric utility. [1999 c.865 �2; 2001 c.819 �1; 2003 c.14 �454]

�� Note: 757.601 was added to and made a part of ORS chapter 757 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 757.603 Electric company required to provide cost-of-service rate option to all retail electricity consumers; waiver; portfolio of rate options for residential consumers. (1) Except as provided in this section, an electric company shall provide all retail electricity consumers that are connected to the electric company�s distribution system with a regulated, cost-of-service rate option.

�� (2)(a) The Public Utility Commission by order may waive the requirement in subsection (1) of this section for any retail electricity consumer other than residential electricity consumers and small commercial electricity consumers.

�� (b) Prior to ordering a waiver under this subsection, the commission may conduct such studies as the commission deems necessary and shall provide notice and opportunity for public comment and hearings regarding the proposed waiver.

�� (c) The commission may order a waiver under this subsection if the commission finds, based on the evidentiary record developed through the conducted studies, public comment and hearings, that a market exists in which retail electricity consumers subject to the waiver are able to:

�� (A) Purchase supplies of electricity adequate to meet the needs of the retail electricity consumers;

�� (B) Obtain multiple offers for electricity supplies within a reasonable period of time;

�� (C) Obtain reliable supplies of electricity; and

�� (D) Purchase electricity at prices that are not unduly volatile and that are just and reasonable.

�� (3) Each electric company shall provide each retail electricity consumer that is connected to its distribution system and whose electricity demand at any point of delivery is less than 30 kilowatts a portfolio of rate options. The portfolio of rate options shall include at least the following options:

�� (a) A rate that reflects significant new renewable energy resources;

�� (b) A market-based rate; and

�� (c) If the commission finds, through public comment and hearing or through market research conducted by the electric company, that demand is sufficient to justify the rate, a rate option for electricity associated with a specific renewable energy resource, including solar photovoltaic energy.

�� (4) The commission shall regulate the cost-of-service rate option under subsection (1) of this section and the portfolio of rate options under this section. The commission:

�� (a) Shall reasonably ensure that the costs, risks and benefits of serving each option are reflected in the rates for each option, and such rates may include a monthly flat rate or charge in addition to usage.

�� (b) May prohibit or otherwise limit the use of a cost-of-service rate by retail electricity consumers who have been served through direct access.

�� (c) May limit switching among the portfolio of rate options and the cost-of-service rate.

�� (5)(a) As used in this subsection, �government� means a city, county, irrigation district, ditch improvement district, water control district, or government of a federally recognized Indian tribe in Oregon.

�� (b) An electric company may file, as part of a portfolio of rate options required under this section and if agreed to in coordination with one or more governments to meet adopted renewable and nonemitting energy goals, a program of rates or charges that reflect the cost of an electric company program to serve retail electricity consumers within the boundaries of those governments with electricity:

�� (A) Derived from new or existing renewable energy resources or nonemitting energy resources, including supply and demand-side resources; or

�� (B) Paired with unbundled renewable energy certificates, as defined in ORS 469A.005, from new or existing renewable energy resources.

�� (c) The commission may approve a rate or charge under this subsection if:

�� (A) The government attests that the coordination required under paragraph (b) of this subsection occurred and the electric company includes the attestation in the filing for a program of rates or charges;

�� (B) The government enacts or adopts an ordinance, charter provision, resolution or other regulation requiring that retail electricity consumers within the boundaries of the government must, as determined during the coordination required by paragraph (b) of this subsection and conducted in accordance with this paragraph, be served with renewable energy resources or nonemitting energy resources, including at the option of the government, resources such as:

�� (i) Energy from community-based resources, including solar photovoltaic, storage, microgrids, irrigation district-owned projects, in-pipe hydroelectric, or micro-hydroelectric, that provide community cobenefits, such as:

�� (I) Community stability;

�� (II) Community reinvestment;

�� (III) Ownership by a nonprofit organization or renewable energy cooperative that represents an environmental justice community;

�� (IV) Ownership by the government;

�� (V) Disaster resiliency;

�� (VI) Water savings;

�� (VII) Species protection;

�� (VIII) Direct cost savings to customers; or

�� (IX) Local economic development and jobs; and

�� (ii) Renewable and nonemitting energy resources acquired through government specified procurement criteria which may include goals for local or diverse ownership;

�� (C) The ordinance, charter provision, resolution or other regulation specifies that:

�� (i) All eligible retail electricity consumers served within the boundaries of the government are placed on the rate schedule by the electric company, upon commission approval, but have an opportunity to decline to be served by the rate option; and

�� (ii) Retail electricity consumers within the boundaries of the government that are connected to the distribution system and whose electricity demand at any point of delivery is greater than 30 kilowatts may choose to be placed on the rate schedule, if the electric company determines that electricity demand at the consumer�s point of delivery is greater than 30 kilowatts because of additional demand resulting from electrification of transportation or other services, including electric vehicle charging stations, after September 25, 2021;

�� (D) The ordinance, charter provision, resolution or other regulation includes protections, such as subsidies or bill payment assistance, for low-income retail electricity consumers affected by the rates or charges and provides that these protections are paid for solely by retail electricity consumers within the boundaries of the government;

�� (E) The electric company has included in the program provisions to minimize the shifting of costs from retail electricity consumers to other customers who do not participate;

�� (F) The ordinance, charter provision, resolution or other regulation sets forth the duration of the program; and

�� (G) The electric company utilizes commission-approved procurement processes, to the extent those processes apply, and the procurement criteria agreed to with the government in subparagraph (B)(ii) of this paragraph.

�� (d) After the electric company receives approval to serve retail electricity consumers within the boundaries of the government according to the program of rates or charges adopted pursuant to this subsection, the electric company must:

�� (A) Prior to commencing the program, receive acknowledgement from the government to proceed with the program as approved by the commission and, if the government declines to proceed, shall file to suspend the rates and charges under the program;

�� (B) Include information on its monthly bills to participating retail electricity consumers identifying the program�s cost;

�� (C) Provide notice to participating retail electricity consumers of any change in rate for participation in the program; and

�� (D) Provide an annual report to the commission and participating governments summarizing the program activities in the prior calendar year.

�� (e) The commission shall allow the electric company, for purposes of the new or existing renewable energy resources or nonemitting energy resources that serve the program of rates or charges adopted pursuant to this subsection:

�� (A) To own the facilities or use power purchase agreements.

�� (B) To recover part or all of the costs associated with the resources that serve the program, including costs associated with resources described in subparagraph (A) of this paragraph, from all retail electricity consumers not served by an electricity service supplier, if:

�� (i) The electric company can demonstrate that above-market or incremental costs of those resources have been paid for by program participants;

�� (ii) An integrated resource plan conducted by the electric company shows an energy or capacity need and the company demonstrates that such resources are capable of meeting that need, in whole or in part;

�� (iii) The electric company will use the resources to meet a renewable portfolio standard imposed by ORS 469A.052;

�� (iv) The resources help the electric company comply with ORS 469A.410; or

�� (v) All customers will otherwise benefit from inclusion of the costs in rates collected from all customers.

�� (C) To collect moneys from participating retail electricity consumers in excess of the cost of service and defer revenues or costs associated with the program for the purposes of making future investments in resources or renewable energy certificates to serve program participants and for the purposes of protecting nonparticipating retail electricity consumers should the government end its participation in the program.

�� (D) To recover the costs associated with the resources that serve the program, including costs associated with resources described in subparagraph (A) of this paragraph, from retail electricity consumers within the boundaries of the government other than those served by electricity service suppliers, if the government ends its participation in the program and the costs are not otherwise recoverable under subparagraph (B) of this paragraph.

�� (6) Nothing in subsection (3) of this section prohibits an electric company from providing retail electricity consumers that are connected to its distribution system and whose electricity demand at any point of delivery is greater than 30 kilowatts a portfolio of rate options.

�� (7) Notwithstanding the exemption to ORS 757.600 to 757.691 provided by ORS 757.601 (3), an electric company serving fewer than 25,000 customers in this state may propose a program for approval by the commission if the program meets the criteria specified in this section. [1999 c.865 �4; 2001 c.819 �2; 2015 c.556 �1; 2021 c.508 �20]

�� 757.605 [1961 c.691 �2; 1971 c.655 �97; renumbered 758.400]

�� 757.606 [Formerly 758.040; renumbered

ORS 279A.010

279A.010, a device or facility for delivering electricity to the public for electric motor vehicles is not a public improvement.

�� (4) A state agency that contracts with a vendor under subsection (1)(b) or (3)(a) of this section shall require in the contract that the vendor:

�� (a) Indemnify the state agency against any claim related to or arising out of the vendor�s operations on premises that the state agency owns or controls;

�� (b) Obtain a policy of liability insurance in an amount sufficient to pay foreseeable claims that relate to or arise out of the vendor�s operations, name the state agency as an insured party in the policy and maintain coverage under the policy during the term of the contract and for two years after the contract term expires; and

�� (c) Pay workers that the vendor employs for any work related to installing a device or facility the prevailing rate of wage, as defined in ORS 279C.800.

�� (5) A state agency may by order establish and adjust prices for using devices or facilities described in subsection (1)(a) of this section that are located on premises the state agency owns or controls. The state agency shall endeavor to set the price for using the devices or facilities at a level that:

�� (a) Recovers to the maximum extent practicable the cost of operating and administering the devices or facilities described in subsection (1)(a) of this section; and

�� (b) Does not exceed 110 percent of the average market price for delivering electricity to the public for the purpose described in subsection (1)(a) of this section in the county in which the device or facility is located.

�� (6) Subject to subsection (5) of this section, a state agency shall set the price for delivering electricity at devices and facilities located on premises that the state agency owns or controls. The state agency shall use criteria and a methodology that the department specifies for calculating the price.

�� (7) The department shall report to the Legislative Assembly in the manner provided by ORS 192.245 not later than February 1, 2019, February 1, 2021, and February 1, 2023, concerning state agency implementation of the authority granted in subsections (1), (2), (4), (5) and (6) of this section. Each report must, as of the date of the report:

�� (a) List the number of devices or facilities for delivering electricity to the public for electric motor vehicles that state agencies installed or had installed in the previous two years and the total number of installations that have occurred since June 2, 2018;

�� (b) List the number of devices or facilities that state agencies have planned for installation in the next two years;

�� (c) List the cost to the state agency of each installation and calculate:

�� (A) An average cost for installations that state agencies have completed or had completed; and

�� (B) An overall trend line for costs that state agencies have incurred;

�� (d) Specify the current price that each state agency charges under subsection (6) of this section and any changes in the price that occurred in the previous two years;

�� (e) Specify for each state agency an average rate of utilization for all of the devices or facilities located on premises that the state agency owns or controls, calculated as the ratio of the time each day during which a person is actually using the devices or facilities and the time each day in which the devices and facilities are available for use; and

�� (f) Specify whether and to what extent using electric motor vehicles and devices or facilities located on premises that state agencies own or control to provide electricity for state agency electric motor vehicles results in a cost savings to the state agency in comparison to using motor vehicles that do not use electricity for propulsion. [2013 c.526 �1; 2018 c.90 �1; 2019 c.104 �1]

�� Note: 276.255 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 276 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 276.260 [1975 c.634 �4; repealed by 1977 c.598 �35]

�� 276.265 Apprenticeship programs; state agency as training agent. (1) It is the policy of this state to encourage public agencies to participate in apprenticeship programs. Every public agency employing five or more persons in the same apprenticeable occupation for the improvement or maintenance, not including routine maintenance, of a public facility shall be encouraged to register as a training agent with the appropriate apprenticeship committees and shall be expected to employ at least one apprentice for that apprenticeable occupation, subject to the public agency�s available and legislatively approved budget resources. The public agency shall be subject in its capacity as a training agent to the rules and policies of the responsible apprenticeship committees and the State Apprenticeship and Training Council.

�� (2) For purposes of this section:

�� (a) �Apprenticeable occupation� has the meaning defined in ORS 660.010.

�� (b) �Employing five or more persons� means the employment of five or more persons at any time during the current or immediately prior fiscal year; provided, however, that a public agency may petition the State Apprenticeship and Training Council for exemption from the requirements of this section on the grounds that the public agency�s circumstances have so changed since the immediately prior fiscal year as to make application of this section contrary to the interests of current or potential apprentices.

�� (c) �Improvement or maintenance, not including routine maintenance� means construction, reconstruction and major renovation of or to and painting of public facilities and includes the remodeling, alteration and emergency repair of buildings, other structures, real property, highways and roads. �Improvement or maintenance, not including routine maintenance� does not include minor alteration, ordinary repair or maintenance necessary in order to preserve a public facility.

�� (d) �Public agency� means the State of Oregon or any political subdivision thereof or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter.

�� (e) �Public facility� means the works, buildings and grounds owned, leased or rented by a public agency and which are situated within the State of Oregon, and shall include any such works, buildings or grounds governed, managed or administered by the Oregon Department of Administrative Services. [1991 c.897 �2]

(Financing Construction, Maintenance and Repair)

�� 276.280 Definitions for ORS 276.285. As used in ORS 276.285:

�� (1) �Construction� means the building, installation or assembly of a new facility; the addition, expansion, alteration, conversion or replacement of an existing facility; or the relocation of a facility from one location to another. �Construction� includes the installation of equipment made a part of the facility and related site preparation.

�� (2) �Facility� means a building, structure, utility and other support systems, or other improvement upon real property.

�� (3) �Improvement� means additions to buildings, structures or other facilities that are intended to be permanent.

�� (4) �Maintenance� means activities to keep facilities in an efficient operating condition and that do not add to the value or extend the economic life of the facilities.

�� (5) �Operations� means activities to run and use a facility for its purpose.

�� (6) �Real property� means land and all buildings, structures and improvements thereon. �Real property� includes fixtures erected on, above or under the land, and includes landscaping, crops, fencing and other support elements.

�� (7) �Repair� means work done to restore worn or damaged real property or facilities to normal operating condition.

�� (8) �Replace� means to exchange or substitute a facility component for another component performing the same function at the same or higher level of performance or economy and in compliance with then current building code requirements. [1995 c.452 �9]

�� 276.285 Maintenance, preservation and development of state-owned property; dedicated accounts; rental program. (1) It is the policy of the State of Oregon to facilitate and encourage state agencies that own real property and operate facilities to manage and develop these properties in an effective and businesslike manner. The maintenance, preservation and development of state-owned real property and facilities, including, but not limited to, educational institutions, hospitals, parks, roads, libraries and fish hatcheries is essential to enable the State of Oregon to meet the needs of its citizens now and in the future. The purpose of chapter 452, Oregon Laws 1995, is to maintain and protect the investment of the State of Oregon in its public infrastructure.

�� (2) Any state agency that owns and operates real property or facilities is authorized to establish a separate dedicated account in the State Treasury for the purpose of paying the expenses of constructing, operating, maintaining, repairing, replacing, equipping, improving, acquiring and disposing of such real property and facilities. All moneys in an account established pursuant to this subsection are appropriated continuously to the agency for the purposes described in this subsection. All interest earned on moneys in the account shall be retained in and credited to the account.

�� (3) Any state agency that owns or operates real property or facilities may establish a rental program for the purpose of recovering and paying for the costs, including debt service, of constructing, operating, maintaining, repairing, replacing, equipping, improving and disposing of real property and facilities consistent with the statutory authority of the state agency. All revenues from such rental programs shall be deposited in the account established pursuant to subsection (2) of this section.

�� (4) Whenever a state agency that owns and operates real property and facilities, and that has an established account under subsection (2) of this section sells or leases real property, the proceeds from the sale or lease shall be credited to the account established pursuant to subsection (2) of this section, unless disposition of the proceeds is otherwise provided by law.

�� (5) If a state agency that owns and operates real property and facilities has other statutory authority to provide funding for real property and facility operation and management, the agency may use that authority in lieu of or in addition to the provisions of this section.

�� (6) When a state agency establishes an account pursuant to subsection (2) of this section, the agency shall provide a report of the revenues to and expenditures from the account as part of its budget submission to the Governor and the Legislative Assembly under ORS chapter 291. The establishment by state agencies of rental rates for real property or facilities pursuant to this section shall be on a biennial basis as part of the budget development process, but modification of the rates may be made during the interim between legislative sessions after a report to the Emergency Board of the proposed rate modification. [1995 c.452 �10; 2017 c.532 �13]

�� Note: Legislative Counsel has substituted �chapter 452, Oregon Laws 1995,� for the words �this Act� in section 10, chapter 452, Oregon Laws 1995, compiled as 276.285. Specific ORS references have not been substituted pursuant to 173.160. These sections may be determined by referring to the 1995 Comparative Section Table located in Volume 22 of ORS.

ASSIGNMENT, LEASING AND RENTAL OF STATE BUILDINGS AND OTHER OFFICE QUARTERS

�� 276.385 Rentals for buildings other than State Capitol or Supreme Court Building. (1) Notwithstanding any other provision of law, the Oregon Department of Administrative Services shall fix rentals for space in buildings specified in ORS 276.004, and rentals or other charges for parking facilities. The rentals shall be fixed on a basis as nearly uniform as practicable to provide amounts:

�� (a) To pay the expenses of operating, maintaining and insuring and paying depreciation on the buildings controlled and managed by the department;

�� (b) To construct, improve, repair, equip and furnish additional buildings, structures and other projects for state government, and to purchase or improve sites therefor; and

�� (c) To provide amounts necessary to repay indebtedness, and the interest thereon, incurred to construct, improve, repair, equip and furnish buildings, structures and other projects for state government.

�� (2) The Oregon Department of Administrative Services shall negotiate with the Department of Transportation and other state agencies who own, operate or control state buildings to determine a fair rental rate when such facilities are to be used by other than the owning agency.

�� (3) Except in the case of the State Transportation Building and such other buildings owned or controlled by other state agencies, all rentals under this section shall be credited to the Oregon Department of Administrative Services Operating Fund. Rentals for the State Transportation Building, and such other state-owned buildings, are credited to the appropriate state fund for the purposes of that fund. [1969 c.706 �10; 1977 c.116 �4; 1977 c.598 �12; 1993 c.500 �21; 2005 c.755 �9]

�� 276.390 Submission of rent schedule to Emergency Board or Joint Interim Committee on Ways and Means. Not later than June 30 of each even-numbered year, the Oregon Department of Administrative Services shall submit to the Emergency Board or to the Joint Interim Committee on Ways and Means a schedule of rentals proposed for the biennium beginning on July 1 of the next calendar year. [1969 c.706 �11; 1977 c.598 �13; 2011 c.545 �36; 2012 c.107 �7; 2019 c.20 �1]

�� 276.410 Assignment of quarters to officers and state agencies. (1) The Oregon Department of Administrative Services shall assign state agencies office space in the buildings described in ORS 276.004 or in leased quarters as provided in ORS

ORS 279B.050

279B.050, 279B.055, 279B.060, 279B.065 and 279B.070, the board may award a contract for the services without undertaking a process of competitive sealed bidding or competitive sealed proposals or soliciting competitive price quotes or competitive proposals.

�� (4) The board shall ensure that representatives of the authors of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, are:

�� (a) Regularly and closely consulted concerning the development and drafting of the habitat conservation plan.

�� (b) Consulted if any question arises concerning the intent of the Private Forest Accord Report.

�� (5) The habitat conservation plan and application for an incidental take permit described in section 11 of this 2022 Act do not constitute rules for purposes of ORS 183.310 to 183.410 or 527.714. [2022 c.33 �12]

MISCELLANEOUS

�� 527.840 Program of assistance related to loss of tree canopy. (1) The State Forestry Department shall develop and implement a program to provide technical and financial assistance to public bodies as defined in ORS 174.109, tribal governments, watershed councils as defined in ORS 541.890 and community-based organizations for planning for, responding to and recovering from damage to habitats and urban tree canopies due to pests, diseases or other natural or human-created conditions that lead to loss of tree canopy, including but not limited to:

�� (a) Emerald ash borer infestation;

�� (b) Japanese beetle infestation;

�� (c) Sudden Oak Death;

�� (d) Pine bark beetle infestation;

�� (e) Climate change;

�� (f) Drought; or

�� (g) Wildfire.

�� (2) The program may include, but need not be limited to, assistance for:

�� (a) Vulnerability assessments;

�� (b) Tree inventories;

�� (c) Response and recovery plan development;

�� (d) Community engagement and community-led strategies; and

�� (e) Tree removal and replanting with species that are resistant to disease, pest and drought.

�� (3) The department shall coordinate with the State Department of Agriculture to support program activities related to any pests or diseases subject to quarantine under the laws of this state or of the United States. [2023 c.442 �29]

PENALTIES

�� 527.990 Criminal penalties. (1) Subject to ORS 153.022, violation of ORS 527.670, 527.672, 527.676,

ORS 279C.385

279C.385, 279C.390 and 279C.800 to 279C.870 apply to the bridge project activity; and

�� (B) Any agreement for constructing, reconstructing, performing a major renovation on or painting the bridge project must provide for paying workers under the agreement in accordance with ORS 279C.540 and 279C.800 to 279C.870.

�� (b) Before entering into an agreement under subsection (2) of this section, the port shall adopt rules that substantially conform with the rules that the Department of Transportation has adopted, as of January 1, 2018, to implement the provisions of ORS 367.800 to 367.824.

�� (5) Sensitive business, commercial or financial information that a private entity provides to the port for the purpose of evaluating a proposal from the private entity for a bridge project is exempt from disclosure under ORS 192.311 to 192.478. The terms of a proposed or final agreement between the port and a private entity are subject to disclosure under ORS 192.311 to 192.478.

�� (6)(a) In evaluating proposals for a bridge project, in addition to considering a proposer�s estimate of the cost for the bridge project, the port shall consider all of these elements:

�� (A) The qualities of the design that the proposer submits, if appropriate, including:

�� (i) The structural integrity of the design and how the design will likely affect future costs of maintaining the bridge;

�� (ii) The aesthetic qualities of the design and other aspects of the design such as the width of lane separators, landscaping and sound walls;

�� (iii) The traffic capacity of the design;

�� (iv) Aspects of the design that affect safety, such as lane width, the quality of lane markers and separators, the shape and positioning of ramps and curves and changes in elevation; and

�� (v) The ease with which traffic will pass through any toll collection facilities.

�� (B) The extent to which the bridge project will involve small businesses. The port shall encourage small businesses to participate in the bridge project to the maximum extent that the port determines is practicable. As used in this subparagraph:

�� (i) �Small business� means an independent business with fewer than 20 employees and with average annual gross receipts during the last three years of not more than $1 million for construction firms and not more than $300,000 for businesses that are not construction firms.

�� (ii) �Small business� does not include a subsidiary or parent company that belongs to a group of firms that the same individuals own or control and that have average aggregate annual gross receipts during the last three years in excess of $1 million for construction firms or $300,000 for firms that are not construction firms.

�� (C) The proposer�s financial stability and ability to provide funding for the bridge project and obtain, or act as, a surety for the proposer�s performance and financial obligations with respect to the bridge project.

�� (D) The experience of the proposer and the proposer�s subcontractors in engaging in bridge project activities of a size and scope similar to the bridge project activity that the port proposes.

�� (E) The terms of the financial arrangement that the proposer accepts or proposes with respect to franchise fees, license fees, lease payments or operating expenses and the proposer�s required rate of return from engaging in the bridge project activity.

�� (F) The terms that the proposer offers for engaging in the bridge project activity, including:

�� (i) The amount of proposed tolls and administrative fees;

�� (ii) Schedules for altering tolls and administrative fees; and

�� (iii) Any restrictions or conditions on future increases in tolls or administrative fees.

�� (b) After considering the elements described in paragraph (a) of this subsection in a public hearing, the port shall select a proposal that provides the best overall public value. In determining the best overall public value, the port must find that the selected proposal, compared to other proposals, is likely to:

�� (A) Reduce the cost of constructing the bridge project;

�� (B) Accelerate the schedule for completing the bridge project; and

�� (C) Reduce the financial risk to the port and the public.

�� (7) Notwithstanding any other provision of this section, the port may use any method to award a contract, agreement, franchise or license that is necessary to comply with the requirements of a grant or other funding source.

�� (8) Before entering into an agreement under subsection (2) of this section, the port shall engage legal counsel for the purpose of:

�� (a) Advising the port concerning the legality of specific proposed partnerships;

�� (b) Advising the port concerning legal procedures and practices that are related to implementing a bridge project in a public-private partnership;

�� (c) Assisting the port in negotiating agreements and preparing documents related to a public-private partnership;

�� (d) Advising the port concerning accounting, investment and tax requirements that apply to a bridge project the port undertakes in a public-private partnership; and

�� (e) Advising the port concerning any relevant federal securities or other laws and related disclosure requirements.

�� (9) For purposes of complying with applicable state and local land use laws, including statewide planning goals, comprehensive plans, land use regulations, ORS chapters 195, 196, 197, 197A, 198, 199, 215, 221, 222 and 227 and any requirement that the Land Conservation and Development Commission imposes, a bridge project is a project of the port and is not a project of any other person or entity.

�� (10) A bridge project undertaken under ORS 381.205 to 381.314 is:

�� (a) Exempt from ad valorem property taxation; and

�� (b) A state highway for the purposes of law enforcement and the application of the Oregon Vehicle Code.

�� (11) ORS 381.270,

ORS 279C.800

279C.800 to 279C.870, 656.021, 657.665, 670.600, 671.525, 671.530 and 671.575 or to be in conformance with the provisions of ORS 279.835 to 279.855 or ORS chapter 279A, 279B, 279C, 316, 571, 656 or 657 is a basis for suspension of the landscape contracting business license, revocation of the landscape contracting business license, refusal to issue or reissue a landscape contracting business license, assessment of a civil penalty as set forth in ORS 671.997 or a combination of these sanctions.

�� (2) Any action against a landscape contracting business under this section shall be conducted in conformance with the provisions of ORS 183.413 to 183.497. [1991 c.533 �9; 1999 c.535 �5; 2001 c.108 �2; 2003 c.794 �315; 2007 c.541 �29]

�� 671.614 Placement on probation; conditions; failure to fulfill conditions. (1) The State Landscape Contractors Board may issue an order placing a landscape contracting business, or any landscape construction professional that is employed by the landscape contracting business or is a landscape contracting business owner or officer as defined in ORS 671.607, on probation if three or more claims are filed against the landscape contracting business�s bond, letter of credit or deposit within a 12-month period.

�� (2) The board may place a landscape contracting business or landscape construction professional on probation under this section only if the board determines after investigation of the complaints that a significant likelihood exists that continued activity by the landscape contracting business or landscape construction professional without board supervision will result in additional claims against the landscape contracting business.

�� (3) The board may require as a condition of probation imposed under this section that the landscape construction professional take a board-approved education course in one or more subjects relating to landscape operations.

�� (4) The board may require as a condition of probation imposed under this section that the owner or officer of the landscape contracting business take a board-approved education course in one or more subjects relating to landscape contracting business or general business practices.

�� (5) The board may take action to suspend, revoke or refuse to renew the license of the landscape contracting business or landscape construction professional if the business or professional fails to fulfill the conditions of the probation. [2005 c.609 �4; 2007 c.541 �30; 2009 c.11 �88]

�� 671.615 Installation of backflow assemblies; qualification rules. The State Landscape Contractors Board may license a landscape construction professional to install backflow assemblies for irrigation systems and ornamental water features. The board, by rule, shall establish qualifications for issuance of a license under this section. A landscape construction professional may install a backflow assembly only if the landscape construction professional is licensed under this section and is the owner of, or employed by, a licensed landscape contracting business. A landscape construction professional installing a backflow assembly may tap into the potable water supply only at a point after the connection between the water system and the customer, as that connection is defined in ORS 448.115. [1987 c.561 �2; 1989 c.944 �3; 1995 c.645 �2; 2001 c.181 �2; 2005 c.609 �15; 2007 c.541 �31]

�� 671.617 Examination for backflow assembly installer license. (1) The State Landscape Contractors Board shall consult with the State Plumbing Board in developing any written and practical examinations for backflow assembly installer licenses.

�� (2) Notwithstanding ORS 192.173, upon request of the applicant, the State Landscape Contractors Board shall make any written examination that the board offers for backflow assembly installer licensing available in a format in which instructions and questions stated in the English language are immediately followed by a Spanish language translation of those instructions and questions. [1989 c.944 �4; 2005 c.609 �16; 2015 c.652 �5]

�� 671.620 [1971 c.764 �12; repealed by 1987 c.461 �9]

�� 671.625 Minimum standards for contracts and billings; rules; compliance; effect of noncompliance. (1) The State Landscape Contractors Board shall by rule adopt minimum standards for written contracts and billings of the landscape contracting businesses. The standards shall set forth requirements for information that must be contained in contracts and billings. The information required shall be any information the board determines is necessary to provide protection for consumers of the services and materials provided by landscape contracting businesses.

�� (2) Work by a landscape contracting business subject to ORS 671.510 to 671.760 for which the business charges $2,000 or more for a landscape job, as defined in board rule, shall only be performed subject to a written contract. Any contract or billing for such work must conform to the standards adopted under subsection (1) of this section.

�� (3) A contract that does not substantially comply with this section may not be enforced by a landscape contracting business in any court or other proceedings within this state. [1979 c.840 �13; 1983 c.452 �12; 2007 c.541 �32; 2015 c.672 �11]

�� 671.627 Rescission of contract with landscape contracting business; deadline; written notices between parties; prohibitions; rules. (1)(a) A person that executes a written contract with a landscape contracting business for work on real property may, within three business days after the date of execution, rescind the contract as provided in paragraph (b) of this subsection.

�� (b) A person that intends to rescind a contract described in paragraph (a) of this subsection shall deliver to the landscape contracting business a written notice that clearly states the person�s intent to rescind the contract. For purposes of this paragraph, a written notice includes notice by means of facsimile, electronic mail or other electronic notice in written form.

�� (2) A person may not rescind a contract as provided in subsection (1) of this section if:

�� (a) The person agrees in writing that the landscape contracting business may begin work under the contract before the three-day period set forth in subsection (1) of this section expires; or

�� (b) The person agrees to an amendment of the terms or conditions of the contract after the three-day period set forth in subsection (1) of this section expires.

�� (3)(a) At the same time a landscape contracting business executes a contract described in subsection (1) of this section, the landscape contracting business shall provide written notice of the right of rescission under this section to the person with whom the landscape contracting business enters into the contract.

�� (b) The State Landscape Contractors Board by rule may specify the form and content of the notice described in paragraph (a) of this subsection. [2023 c.304 �2; 2025 c.181 �3]

�� 671.628 [1991 c.533 �4; repealed by 2001 c.108 �4]

(Landscape Contractors Board)

�� 671.630 State Landscape Contractors Board; members. The State Landscape Contractors Board shall operate as a semi-independent state agency subject to ORS 182.456 to 182.472 for purposes of carrying out the provisions of ORS 671.510 to 671.760, 671.990 (2) and 671.997. The board shall consist of seven members appointed by the Governor. The Governor shall make appointments to the board from all segments of the landscape contracting industry. At least two board members must be public members. [1971 c.764 �14; 1973 c.832 �32; 1975 c.757 �7; 1981 c.536 �24; 1987 c.414 �46; 1993 c.744 �192; 2001 c.409 �6]

�� 671.640 [1971 c.764 �15; 1973 c.832 �33; repealed by 1975 c.757 �8]

�� 671.650 License fees. (1) The State Landscape Contractors Board shall establish fees, including but not limited to annual landscape construction professional license fees and annual landscape contracting business license fees.

�� (2) The license fee for an out-of-state landscape contracting business operating in Oregon must be the same as for an Oregon landscape contracting business. [1971 c.764 �17; 1973 c.832 �34; 1981 c.536 �25; 1983 c.452 �13; 1989 c.450 �1; 1997 c.327 �2; 2001 c.409 �7; 2007 c.541 �33]

�� 671.655 Deposit of moneys. Except as the State Landscape Contractors Board may otherwise provide under ORS

ORS 293.560

293.560 and the interest accruing from the investment thereof.

�� (4) All sums received from the five percentum of sales of public lands and apportioned under ORS 272.085 and the interest accruing from the investment thereof.

�� (5) All sums received from the federal government under ORS 293.565 to 293.575 under the Mineral Leasing Act, the federal Flood Control Act and the Taylor Grazing Act and the interest accruing from the investment thereof.

�� (6) Any other funds or accounts created by law that are not specifically established in the law creating them as funds or accounts in the General Fund. [Formerly 291.356; 1965 c.285 �79; 1981 c.787 �54; 1985 c.787 �2; 1987 c.373 �27; 1989 c.966 �19; 1995 c.641 �1; 2001 c.835 ��7,8; 2001 c.920 �10; 2003 c.81 ��3,4; 2005 c.748 ��13,14; 2009 c.762 �30; 2019 c.131 �9]

�� 293.117 Trust fund; continuous appropriation. (1) Moneys in a trust fund that are not otherwise appropriated by law are continuously appropriated to the agency that administers the trust in order to carry out the purposes of the trust.

�� (2) As used in this section, �trust fund� has the meaning given that term in ORS 291.002. [2003 c.81 �5]

�� Note: 293.117 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 293.120 [Formerly 291.358; repealed by 2003 c.81 �14]

�� 293.125 Department to make accounting entries and charge claims against special dedicated funds. The Oregon Department of Administrative Services shall, by appropriate entries made at monthly periods, credit the several objects with the amounts which may be received respectively from the several sources and charge against the same any claims incurred in pursuance of authority of law, in the same manner as is provided for the payment of claims against the state. [Formerly 291.360; 1967 c.454 �99]

�� 293.130 Information required on records of moneys deposited. The State Treasurer shall enter upon all records created by the State Treasurer for moneys paid into the State Treasury such necessary information as shall:

�� (1) Enable the Oregon Department of Administrative Services to credit the moneys to a fund or account in such amounts as are applicable under the law.

�� (2) Permit an appropriate accounting of the moneys. [Formerly 291.362; 1967 c.454 �100; 1969 c.141 �2; 1999 c.412 �1]

�� 293.135 Payment of warrants against certain special funds. All warrants issued against any special fund that is a part of the General Fund hereby are made payable out of the General Fund. Such payment shall be made by the State Treasurer to the holders of such warrants upon demand. [Formerly 291.364]

�� 293.140 Disposition of interest on state funds. Except as otherwise provided by law, all interest received on deposits of state funds shall accrue to and become a part of the General Fund. [Formerly 291.366; 1981 c.194 �1]

(Oregon Rainy Day Fund)

�� 293.144 Oregon Rainy Day Fund; use; interest. (1) The Oregon Rainy Day Fund is established as an account in the General Fund.

�� (2) The Legislative Assembly may appropriate moneys from the Oregon Rainy Day Fund only if the appropriation is approved by three-fifths of the members serving in each house of the Legislative Assembly and the Legislative Assembly finds one of the following:

�� (a) That the last quarterly economic and revenue forecast for a biennium indicates that moneys available to the General Fund for the next biennium will be at least three percent less than appropriations from the General Fund for the current biennium;

�� (b) That there has been a decline for two or more consecutive quarters in the last 12 months in seasonally adjusted nonfarm payroll employment; or

�� (c) That a quarterly economic and revenue forecast projects that revenues in the General Fund in the current biennium will be at least two percent below what the revenues were projected to be in the revenue forecast on which the legislatively adopted budget for the current biennium was based.

�� (3) Once each month, the Oregon Department of Administrative Services shall calculate the amount of General Fund interest that is attributable to moneys in the Oregon Rainy Day Fund. Except as otherwise provided in ORS 293.148, the department shall:

�� (a) Transfer 6.7 percent of the amount calculated to the Landscape Resiliency Fund established under ORS 477.502;

�� (b) Transfer 13.3 percent of the amount calculated to the Community Risk Reduction Fund established under ORS 476.396; and

�� (c) Transfer 80 percent of the amount calculated to the Oregon Rainy Day Fund.

�� (4) The Legislative Assembly may not appropriate for any one biennium more than two-thirds of the amount that is in the Oregon Rainy Day Fund at the beginning of that biennium. If the appropriation is for a biennium that has not yet begun, the Legislative Assembly may use as the base the most recent estimate of the amount that will be in the Oregon Rainy Day Fund at the beginning of the biennium for which the appropriation is made.

�� (5) As used in this section, �legislatively adopted budget� has the meaning given that term in ORS 291.002. [2007 c.5 �1; 2025 c.581 �5]

�� Note: 293.144 to 293.148 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 293.145 [Formerly 291.368; repealed by 1967 c.637 �37]

�� 293.146 Transfer of moneys to Rainy Day Fund. (1) As used in this section:

�� (a) �Ending balance� means the difference between the amount of General Fund revenues collected during a biennium and the amount of General Fund appropriations for the biennium.

�� (b) �General Fund appropriations� means the amount of moneys appropriated from the General Fund for a biennium in the legislatively approved budget for the biennium, minus the amount of any General Fund appropriation balances for that biennium that revert to the General Fund under ORS 293.190.

�� (c) �Legislatively approved budget� has the meaning given that term in ORS 291.002.

�� (2) Except as provided in ORS 293.148, as soon as possible after the ending balance for a biennium is determined, an amount equal to one percent of the amount of General Fund appropriations for that biennium shall be transferred to the Oregon Rainy Day Fund established by ORS 293.144. If the ending balance does not equal or exceed one percent of the amount of General Fund appropriations, an amount equal to the ending balance shall be transferred to the Oregon Rainy Day Fund. [2007 c.5 �4]

�� Note: See note under 293.144.

�� 293.148 Cap on amount. (1) If the moneys in the Oregon Rainy Day Fund established by ORS 293.144 just prior to the time of a transfer scheduled under ORS 293.144 (3)(c) or 293.146 equal at least 12.5 percent of the amount of General Fund revenues collected during the prior biennium, moneys that would otherwise be transferred to the Oregon Rainy Day Fund shall be deposited in the General Fund.

�� (2) If the moneys in the Oregon Rainy Day Fund just prior to the time of a transfer scheduled under ORS 293.144 (3)(c) or 293.146 do not equal at least 12.5 percent of the amount of General Fund revenues collected during the prior biennium, the transfer to the Oregon Rainy Day Fund shall be made regardless of whether that transfer increases the amount in the Oregon Rainy Day Fund to at least 12.5 percent of the amount of General Fund revenues collected during the prior biennium. [2007 c.5 �6; 2024 c.98 �1, 2025 c.581 �5a]

�� Note: See note under 293.144.

�� 293.150 [Formerly 291.370; 1967 c.454 �101; repealed by 1967 c.637 ��37,38]

�� 293.155 [Formerly 291.372; repealed by 1967 c.637 �37]

�� 293.160 [Formerly 291.374; repealed by 1967 c.637 �37]

(Deficiencies)

�� 293.165 Borrowing to pay warrants against General Fund. (1) If the moneys in the General Fund become exhausted, the State Treasurer shall borrow from the most advantageous sources the amounts necessary to pay warrants drawn against the General Fund in pursuance of law, other than warrants drawn against funds whose use is restricted to particular purposes by the Constitution of Oregon or by federal law. The Governor, Secretary of State and State Treasurer, jointly, shall issue certificates of indebtedness therefor. The certificates shall draw interest not to exceed the legal rate of interest until redeemed. All certificates of indebtedness shall be redeemable by the State Treasurer from the first moneys regularly accruing and credited to the General Fund.

�� (2) For the purposes of subsection (1) of this section, the moneys in the General Fund shall be deemed to be exhausted when there are no moneys remaining in the General Fund other than funds whose use is restricted to particular purposes by the Constitution of Oregon or by federal law. [Formerly 291.378; 1967 c.454 �102; 2003 c.81 �6]

�� 293.167 Proceeding when warrants not paid for want of funds. (1) For the purposes of this section:

�� (a) Exhaustion of the General Fund has the meaning described in ORS 293.165 (2).

�� (b) �Restricted fund� means a fund in the General Fund whose use is restricted to particular purposes by the Constitution of Oregon or by federal law.

�� (2) Instead of paying warrants drawn on the General Fund, the State Treasurer shall indorse on the warrants the words �Not paid for want of funds� and shall register the warrants for future payment if:

�� (a) The General Fund becomes exhausted after the State Treasurer has borrowed moneys as provided in ORS 293.165 and has made the transfers of surplus funds as provided in ORS 293.205 to 293.225; and

�� (b) The Governor, the Secretary of State and the State Treasurer deem it necessary or advisable to refuse to pay the warrants and to register the warrants, and direct the State Treasurer to do so.

�� (3) The State Treasurer shall register the warrants indorsed as provided in subsection (2) of this section by number and by date according to the date on which the warrants were presented for payment. All warrants so indorsed and registered shall thereafter become payable in full according to the date of registration, beginning with the earliest date. Warrants described in this subsection are payable only from moneys in the General Fund that are not in restricted funds.

�� (4) Notwithstanding subsection (2) of this section, a warrant that is drawn against a restricted fund may be paid, even if the General Fund is exhausted, if there are sufficient moneys in the restricted fund to pay the warrant. The State Treasurer need not indorse or register a warrant paid under this subsection in the manner described in subsections (2) and (3) of this section.

�� (5) Warrants that are registered under subsections (2) and (3) of this section shall draw interest payable from the General Fund, until called for payment by the State Treasurer, at the rate of five percent per year. The Oregon Department of Administrative Services shall determine the amount of interest payable on each warrant under this subsection and when and how the interest will be paid.

�� (6) As funds for the payment of all the warrants registered on a particular date and of the interest thereon become available in the General Fund, the State Treasurer shall give notice of the calling of the warrants for payment by one publication in a newspaper printed and published in Salem, Oregon. [Formerly 293.170]

�� 293.169 Notification to agency to stop issuing checks or warrants or initiating electronic funds transfers; resumption of checks, warrants or electronic funds transfers. (1) The State Treasurer may notify a state agency that it must stop issuing checks or warrants on, or initiating electronic funds transfers from, a specified fund or account if:

�� (a) The General Fund is exhausted as described in ORS 293.165 (2);

�� (b) Warrants drawn on the General Fund are being registered under ORS 293.167;

�� (c) An appropriation or other authorization to expend moneys has not been approved for the state agency; or

�� (d) There are no moneys in the fund or account on or from which the state agency proposes to issue checks or warrants or to initiate electronic funds transfers.

�� (2) A notice issued by the State Treasurer under this section must specify the fund or account on or from which the state agency may no longer issue checks or warrants or initiate electronic funds transfers. When the conditions described in subsection (1) of this section that led to the notice from the State Treasurer are no longer in effect, the State Treasurer shall notify the state agency that it may resume issuance of checks or warrants or initiation of electronic funds transfers.

�� (3) A state agency that receives a notice from the State Treasurer under subsection (1) of this section must cease issuing checks or warrants drawn on, or initiating electronic funds transfers from, the specified fund or account. If authorized to do so by the State Treasurer, a state agency that ceases issuance of checks or warrants or initiation of electronic funds transfers under this section may pay obligations by warrants that may be registered under ORS 293.167 if the checks or warrants are drawn on, or the electronic funds transfers are from, moneys in the General Fund.

�� (4) As used in this section, �state agency� means any board, commission, department, institution, branch or agency the costs of which are paid in whole or in part from funds held in the State Treasury. [2003 c.81 �9]

�� Note: 293.169 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 293.170 [Formerly 291.380; 2003 c.81 �7; renumbered 293.167 in 2003]

�� 293.171 State agency overdrafts; interest. (1) If a check, warrant or demand for payment by electronic funds transfer is presented to the State Treasurer for payment and at the time of presentment the account or fund from which payment should be drawn has insufficient moneys to pay in full the amount presented, the State Treasurer may transfer the overdraft amount from other moneys deposited in the State Treasury by the state agency from whose account or fund the payment is required. The State Treasurer may charge interest at a rate determined by the State Treasurer on any negative account or fund balance that results from the overdraft. The interest shall be paid to the account or fund from which moneys were transferred to pay the overdraft. The State Treasurer may also charge fees for the transfer, in amounts determined by the State Treasurer.

�� (2) The authority given the State Treasurer in this section is in addition to, and not in lieu of, authority given the treasurer in ORS 293.205 to 293.225.

�� (3) As used in this section, �state agency� means any board, commission, department, institution, branch or agency, the costs of which are paid in whole or in part from funds held in the State Treasury. [2003 c.81 �10]

�� Note: 293.171 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 293.173 [2002 s.s.1 c.1 �3; repealed by 2007 c.783 �234]

�� 293.175 [2002 s.s.1 c.1 �4; 2007 c.783 �13; renumbered 286A.050 in 2007]

�� 293.177 [2002 s.s.1 c.1 �5; 2007 c.783 �14; renumbered 286A.055 in 2007]

(Petty Cash)

�� 293.180 Agency petty cash fund. (1) If the appropriation for an agency or the limitation on expenditures of an agency, as enacted by the Legislative Assembly, includes an amount for a petty cash fund, the fund shall be established and administered as provided in this section.

�� (2) The agency for which a petty cash fund has been authorized may prepare a voucher in the amount authorized in favor of a person designated by the agency as custodian of its petty cash fund. A warrant shall be drawn for the amount of the voucher payable out of moneys appropriated for the expenditures of the agency. The designated custodian shall credit the amount of the warrant to the petty cash fund.

�� (3) The Oregon Department of Administrative Services may establish regulations governing the administration of petty cash funds established pursuant to this section.

�� (4) Subject to regulations established by the department:

�� (a) The designated custodian may make disbursements from the petty cash fund only when it is necessary to make an immediate cash payment which is lawfully payable from moneys appropriated to the agency.

�� (b) The designated custodian may hold the petty cash fund in cash or may deposit the fund to the account of the agency in any insured institution or institutions in the state authorized as a depository of state funds, or may hold part in cash and deposit the remainder.

�� (5) The designated custodian shall periodically submit to the appropriate warrant drawing authority verified reimbursement vouchers properly supported by evidences of disbursements from the petty cash fund. Upon allowance of the reimbursement vouchers the warrant drawing authority shall issue a warrant on the State Treasurer, in favor of the designated custodian, payable out of moneys appropriated for the expenditures of the agency. [Formerly 291.548; 1967 c.454 �103; 1997 c.631 �445]

(Reversion)

�� 293.190 Reversion of appropriations to General Fund; cancellation of budget limitations; rules; exceptions; extensions. (1) On December 31 in each odd-numbered year, all General Fund appropriation balances as recorded on the records of the Oregon Department of Administrative Services for the prior biennium shall revert to the General Fund except for capital construction, continuing contracts, contested claims, special appropriations designated by legislative action, appropriations described in ORS 293.195 or savings continuously appropriated to agencies under ORS 291.120.

�� (2) On December 31 in each odd-numbered year, all limitation balances on any separate fund or cash account in the State Treasury shall be canceled except for continuing contracts, contested claims or special limitations designated by legislative action.

�� (3) Notwithstanding subsections (1) and (2) of this section, under conditions which shall be described by the department by rule, upon request, an extension may be granted to allow an agency to make final analyses and corrections before an appropriation or limitation is canceled. The procedures for requesting an extension and the criteria for approving the request shall be established by the department. [1971 c.341 �3; 1991 c.220 �7; 1993 c.724 �3; 2012 c.107 �58]

(Retention of Certain Appropriation Balances)

�� 293.195 Retention of appropriation balances. (1) Any difference between the amount appropriated from the General Fund for a biennium to the judicial department as defined in ORS 174.113, including amounts appropriated to any agency of the judicial department, and the amount of the appropriation actually expended on or before the end of the biennium, is appropriated to the judicial department, out of the General Fund, for payment of expenses of the judicial department for the next biennium.

�� (2) Any difference between the amount appropriated from the General Fund for a biennium to the legislative department as defined in ORS 174.114, including amounts appropriated to any agency of the legislative department, and the amount of the appropriation actually expended on or before the end of the biennium, is appropriated to the legislative department, out of the General Fund, for payment of expenses of the legislative department for the next biennium.

�� (3) The appropriations made by subsections (1) and (2) of this section are subject to adjustment by the Legislative Assembly. The Legislative Assembly shall reflect the appropriations, including any adjustments thereto, in an appropriation measure during each biennium. [2012 c.107 �56; 2020 s.s.2 c.10 �20]

�� Note: 293.195 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

TRANSFERS TO FUNDS HAVING INSUFFICIENT MONEY

(Transfers for Wildfire Suppression Costs)

�� 293.200 Transfers for wildfire suppression costs. (1) As used in this section:

�� (a) �Biennium� means a two-year period beginning on July 1 of an odd-numbered year.

�� (b) �Borrowing agency� means the State Forestry Department or the Department of the State Fire Marshal.

�� (c) �Borrowing fund� has the meaning given that term in ORS 293.205.

�� (d) �Lending fund� has the meaning given that term in ORS 293.205.

�� (e) �Repayment amounts� means amounts transferred under subsection (2) of this section, plus any interest or borrowing costs.

�� (2)(a) Notwithstanding the provisions of ORS 293.210 that limit when the State Treasurer may transfer moneys between funds of the State Treasury, the State Treasurer shall, at the written request of a borrowing agency, and subject to paragraph (b) of this subsection, transfer moneys under ORS 293.205 to 293.225 to a fund or funds under the administration of the borrowing agency for the purpose of enabling the agency to pay for noncapital wildfire suppression costs.

�� (b) Before a transfer is made under this subsection, the State Treasurer and the borrowing agency shall report to the Emergency Board:

�� (A) The amount requested to be transferred;

�� (B) The amount of wildfire suppression costs above the borrowing agency�s available resources; and

�� (C) The balance of moneys projected to be available to repay the amount advanced.

�� (3) If the State Treasurer transfers moneys under subsection (2) of this section, the borrowing agency, no later than the second May 15 of the biennium in which the transfer is made, and in collaboration with the Oregon Department of Administrative Services, shall certify to the State Treasurer whether the balance of moneys available to the borrowing agency as of the second June 15 of the same biennium will be sufficient to repay the repayment amounts.

�� (4) If the borrowing agency certifies that the balance of moneys is insufficient to repay the repayment amounts:

�� (a) The borrowing agency shall, as soon as practicable, transfer all moneys available for repayment to the State Treasurer, to be credited to the lending fund; and

�� (b) There is appropriated to the borrowing agency, for the biennium in which the transfer was made, out of the General Fund, an amount equal to the difference between the repayment amounts and the amounts transferred under paragraph (a) of this subsection, for deposit in the borrowing fund for the purpose of repaying the repayment amounts. [2025 c.581 �40]

�� Note: 293.200 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Generally)

�� 293.205 Definitions for ORS 293.205 to 293.225. As used in ORS 293.205 to 293.225:

�� (1) �Borrowing fund� means the fund to which money is initially transferred under ORS 293.210.

�� (2) �Lending fund� means the fund from which money is initially transferred under ORS 293.210. [Formerly

ORS 30.700

30.700); 1999 c.707 �1; 2011 c.449 �1]

�� 30.710 [Amended by 1961 c.344 �103; repealed by 1973 c.640 �1]

�� 30.715 Successive actions or suits. Successive actions or suits may be maintained upon the same contract or transaction, whenever, after the former action or suit, a new cause of action or suit arises therefrom. [Formerly 11.030]

�� 30.720 [Repealed by 1973 c.640 �1; amended by 1973 c.823 ��88,155]

�� 30.725 [Repealed by 1974 c.36 �28]

�� 30.730 [Repealed by 1979 c.801 �4]

�� 30.740 Right of gambling loser to recover double losses. All persons losing money or anything of value at or on any unlawful game described in ORS 167.117, 167.122 and 167.127 shall have a cause of action to recover from the dealer winning the same, or proprietor for whose benefit such game was played or dealt, or such money or thing of value won, twice the amount of the money or double the value of the thing so lost. [Amended by 1971 c.743 �308; 1977 c.850 �4]

�� 30.750 Liability of abstractors. Any person who, after May 24, 1923, certifies to any abstract of title to any land in Oregon, shall be liable for all damages sustained by any person who, in reliance on the correctness thereof, acts thereon with reference to the title of such land, and is damaged in consequence of any errors, omissions or defects therein, regardless of whether the abstract of title was ordered by the person so damaged. Nothing in this section shall be construed to prevent the maker of any abstract of title to land from limiting in the certificate to the abstract the liability of the maker thereunder to any person named in such certificate, but such limitation of liability must be expressly set forth in the certificate.

�� 30.760 [Amended by 1953 c.565 �2; renumbered 30.150]

�� 30.765 Liability of parents for tort by child; effect on foster parents. (1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for actual damages to person or property caused by any tort intentionally or recklessly committed by such child. However, a parent who is not entitled to legal custody of the minor child at the time of the intentional or reckless tort shall not be liable for such damages.

�� (2) The legal obligation of the parent or parents of an unemancipated minor child to pay damages under this section shall be limited to not more than $7,500, payable to the same claimant, for one or more acts.

�� (3) When an action is brought under this section on parental responsibility for acts of their children, the parents shall be named as defendants therein and, in addition, the minor child shall be named as a defendant. The filing of an answer by the parents shall remove any requirement that a guardian ad litem be required.

�� (4) Nothing in subsections (1) to (3) of this section applies to foster parents. [1975 c.712 ��1,4; 1977 c.419 �1; 1991 c.968 �5]

�� 30.770 [1959 c.310 �1; 1965 c.587 �1; 1973 c.827 �8; repealed by 1975 c.712 �5]

�� 30.772 Liability of landowner arising out of aviation activity; exceptions. (1) As used in this section:

�� (a) �Airstrip� means land that contains a runway or heliport operated and maintained for the takeoff and landing of motorized aircraft and that is registered with the Oregon Department of Aviation or the Federal Aviation Administration at the time of the flight at issue.

�� (b) �Aviation activity� includes but is not limited to hang gliding, parachuting, paragliding and operating airplanes or ultralight aircraft.

�� (c) �Charge� has the meaning given that term in ORS 105.672.

�� (d) �Land� has the meaning given that term in ORS 105.672.

�� (e) �Nonpublic airstrip� means an airstrip that is registered as a private use airport with the Oregon Department of Aviation or the Federal Aviation Administration at the time of the flight at issue.

�� (f) �Owner� has the meaning given that term in ORS 105.672.

�� (g) �Public airstrip� means an airstrip that is not a nonpublic airstrip.

�� (2) An owner of land is not liable for any personal injury, death or property damage arising from the use of land for purposes of aviation activity, unless the owner intentionally causes the injury, death or property damage.

�� (3) Subsection (2) of this section does not apply to any of the following:

�� (a) An owner of a public airstrip.

�� (b) An owner of a nonpublic airstrip if:

�� (A) The owner is contacted by the operator of a motorized aircraft prior to the beginning of the aircraft�s flight;

�� (B) The owner provides permission to the operator to use the owner�s land for activities related to the aircraft�s flight; and

�� (C) Gross negligence of the owner causes injury, death or property damage related to the aircraft�s flight.

�� (c) An owner of land who imposes a charge for the use of the land for aviation purposes. [2015 c.308 �1]

�� 30.774 Indemnification of property owner that allows nonprofit organization or educational provider to use property. (1) As used in this section, �educational provider� means a public or private elementary or secondary school or an education service district.

�� (2) A property owner that enters into a contract to allow a nonprofit organization or an educational provider to use the property owner�s property or facilities may not require in any separate agreement any individual to indemnify the property owner for damages not caused by the individual while the nonprofit organization or educational provider and the individual use the property or facilities.

�� (3) This section does not prohibit a property owner from requiring a nonprofit organization or educational provider to indemnify the property owner for damages caused by the organization�s or provider�s use of the property or facilities. [2015 c.749 �1]

�� 30.780 Liability for damages caused by gambling. Any person violating ORS 167.108 to 167.164 shall be liable in a civil suit for all damages occasioned thereby. [1959 c.681 �3; 1971 c.743 �309]

�� 30.785 Liability of construction design professional for injuries resulting from failure of employer to comply with safety standards. (1) A construction design professional who is retained to perform professional services on a construction project, or an employee of the construction design professional in the performance of professional services on the construction project, shall not be liable for any injury to a worker on the construction project that is a compensable injury under ORS chapter 656 and that results from the failure of the employer of the worker to comply with safety standards on the construction project unless the construction design professional by contract specifically assumes responsibility for compliance with those safety standards. The immunity provided by this section to a construction design professional shall not apply to the negligent preparation of design plans or specifications.

�� (2) As used in this section, �construction design professional� means an architect, registered landscape architect, professional engineer or professional land surveyor. [1987 c.915 �12]

�� 30.788 Liability of architect, engineer, inspector or building evaluator for emergency relief services. (1) An action for damages arising out of the practice of architecture, as defined in ORS 671.010, may not be maintained by any person against an architect for services rendered by the architect under the provisions of this section.

�� (2) An action for damages arising out of the practice of engineering, as described in ORS

ORS 30.920

30.920 and any action based on negligence, resulting from the use of a COX-2 inhibitor must be commenced not later than six years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant. [2007 c.536 �1]

�� Sec. 2. (1) Except as provided in subsection (2) of this section, section 1 of this 2007 Act applies only to causes of action arising on or before January 1, 2007.

�� (2) Section 1 of this 2007 Act does not apply to any causes of action for which a judgment was entered in the register of a court before the effective date of this 2007 Act [January 1, 2008]. [2007 c.536 �2]

�� 30.928 Time limitation for actions for damages caused by certain light bulbs. (1) As used in this section, �R type metal halide or mercury vapor light bulb� means a metal halide or mercury vapor light bulb that does not have an internal mechanism that shuts off the light automatically within 15 minutes after the bulb is broken.

�� (2) A product liability civil action for damages caused by R type metal halide or mercury vapor light bulbs may not be commenced more than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the injury and the causal relationship between the injury and the conduct of the defendant.

�� (3) A product liability civil action for damages caused by R type metal halide or mercury vapor light bulbs is subject only to the limitation imposed by this section and is not subject to ORS 30.905 or any other statute of limitation or statute of ultimate repose. [2009 c.485 �11]

FARMING AND FOREST PRACTICES

�� 30.930 Definitions for ORS 30.930 to 30.947. As used in ORS 30.930 to 30.947:

�� (1) �Farm� means any facility, including the land, buildings, watercourses and appurtenances thereto, used in the commercial production of crops, nursery stock, livestock, poultry, livestock products, poultry products, vermiculture products or the propagation and raising of nursery stock.

�� (2) �Farming practice� means a mode of operation on a farm that:

�� (a) Is or may be used on a farm of a similar nature;

�� (b) Is a generally accepted, reasonable and prudent method for the operation of the farm to obtain a profit in money;

�� (c) Is or may become a generally accepted, reasonable and prudent method in conjunction with farm use;

�� (d) Complies with applicable laws; and

�� (e) Is done in a reasonable and prudent manner.

�� (3) �Forestland� means land that is used for the growing and harvesting of forest tree species.

�� (4) �Forest practice� means a mode of operation on forestland that:

�� (a) Is or may be used on forestland of similar nature;

�� (b) Is a generally accepted, reasonable and prudent method of complying with ORS 527.610 to 527.770 and the rules adopted pursuant thereto;

�� (c) Is or may become a generally accepted, reasonable and prudent method in conjunction with forestland;

�� (d) Complies with applicable laws;

�� (e) Is done in a reasonable and prudent manner; and

�� (f) May include, but is not limited to, site preparation, timber harvest, slash disposal, road construction and maintenance, tree planting, precommercial thinning, release, fertilization, animal damage control and insect and disease control.

�� (5) �Pesticide� has the meaning given that term in ORS 634.006. [1981 c.716 �1; 1983 c.730 �1; 1993 c.792 �32; 1995 c.703 �1; 2005 c.657 �2]

�� 30.931 Transport or movement of equipment, device, vehicle or livestock as farming or forest practice. Notwithstanding ORS 30.930, if the activities are conducted in a reasonable and prudent manner, the transport or movement of any equipment, device or vehicle used in conjunction with a farming practice or a forest practice on a public road or movement of livestock on a public road is a farming or forest practice under ORS 30.930 to 30.947. [1995 c.703 �9]

�� 30.932 Definition of �nuisance� or �trespass.� As used in ORS 30.930 to 30.947, �nuisance� or �trespass� includes but is not limited to actions or claims based on noise, vibration, odors, smoke, dust, mist from irrigation, use of pesticides and use of crop production substances. [1993 c.792 �33; 1995 c.703 �2]

�� 30.933 Legislative findings; policy. (1) The Legislative Assembly finds that:

�� (a) Farming and forest practices are critical to the economic welfare of this state.

�� (b) The expansion of residential and urban uses on and near lands zoned or used for agriculture or production of forest products may give rise to conflicts between resource and nonresource activities.

�� (c) In the interest of the continued welfare of the state, farming and forest practices must be protected from legal actions that may be intended to limit, or have the effect of limiting, farming and forest practices.

�� (2) The Legislative Assembly declares that it is the policy of this state that:

�� (a) Farming practices on lands zoned for farm use must be protected.

�� (b) Forest practices on lands zoned for the production of forest products must be protected.

�� (c) Persons who locate on or near an area zoned for farm or forest use must accept the conditions commonly associated with living in that particular setting.

�� (d) Certain private rights of action and the authority of local governments and special districts to declare farming and forest practices to be nuisances or trespass must be limited because such claims for relief and local government ordinances are inconsistent with land use policies, including policies set forth in ORS

ORS 307.145

307.145, 307.147 or 307.181 (3), is exempt from taxation if:

�� (a) The property is used by the lessee or, if the lessee is not in possession of the property, by the entity in possession of the property, in the manner, if any, required by law for the exemption of property owned, leased, subleased or being purchased by it; and

�� (b) It is expressly agreed under the terms of the lease, sublease or lease-purchase agreement that any tax savings resulting from the exemption granted under this section shall inure solely to the benefit of the institution, organization or public body.

�� (2) To obtain the exemption under this section, the lessee or, if the lessee is not in possession of the property, the entity in possession of the property, must file a claim for exemption with the county assessor, verified by the oath or affirmation of the president or other proper officer of the institution or organization, or head official of the public body or legally authorized delegate, showing:

�� (a) A complete description of the property for which exemption is claimed.

�� (b) If applicable, all facts relating to the use of the property by the lessee or, if the lessee is not in possession of the property, by the entity in possession of the property.

�� (c) A true copy of the lease, sublease or lease-purchase agreement covering the property for which exemption is claimed.

�� (d) Any other information required by the claim form.

�� (3) If the assessor is not satisfied that the tax savings resulting from the exemption granted under this section will inure solely to the benefit of the institution, organization or public body, before the exemption may be granted the lessor must provide documentary proof, as specified by rule of the Department of Revenue, that the tax savings resulting from the exemption will inure solely to the benefit of the institution, organization or public body.

�� (4)(a) The claim must be filed on or before April 1 preceding the tax year for which the exemption is claimed, except:

�� (A) If the lease, sublease or lease-purchase agreement is entered into after March 1 but not later than June 30, the claim must be filed within 30 days after the date the lease, sublease or lease-purchase agreement is entered into if exemption is claimed for that year; or

�� (B) If a late filing fee is paid in the manner provided in ORS 307.162 (2), the claim may be filed within the time specified in ORS 307.162 (2).

�� (b) The exemption first applies for the tax year beginning July 1 of the year for which the claim is filed.

�� (5)(a) An exemption granted under this section continues as long as the use of the property remains unchanged and during the period of the lease, sublease or lease-purchase agreement.

�� (b) If the use changes, a new claim must be filed as provided in this section.

�� (c) If the use changes due to sublease of the property or any portion of the property from the tax exempt entity described in subsection (1) of this section to another tax exempt entity, the entity in possession of the property must file a new claim for exemption as provided in this section.

�� (d) If the lease, sublease or lease-purchase agreement expires before July 1 of any year, the exemption terminates as of January 1 of the same calendar year. [1977 c.673 �2; 1987 c.756 �20; 1991 c.459 �41; 1991 c.851 �4; 1993 c.19 �3; 1993 c.777 �4; 1995 c.513 �1; 1997 c.434 �1; 1997 c.541 �102; 1999 c.579 �18; 2003 c.117 �1; 2007 c.817 �1; 2009 c.626 �1; 2011 c.655 �1; 2012 c.42 �2; 2013 c.768 �126; 2017 c.554 �1]

�� 307.115 Property of nonprofit corporations held for public parks or recreation purposes. (1) Subject to approval by the appropriate granting authority under subsection (4) of this section, the following real or personal property owned or being purchased under contract by any nonprofit corporation meeting the requirements of subsection (2) of this section shall be exempt from taxation:

�� (a) The real or personal property, or proportion thereof, as is actually and exclusively occupied or used for public park or public recreation purposes.

�� (b) The real or personal property, or proportion thereof, as is held for public parks or public recreation purposes if the property is not used for the production of income, for investment, or for any trade or business or commercial purpose, or for the benefit or enjoyment of any private stockholder or individual, but only if the articles of incorporation of the nonprofit corporation prohibit use of property owned or otherwise held by the corporation, or of proceeds derived from the sale of that property, except for public park or public recreation purposes.

�� (2) Any nonprofit corporation shall meet the following requirements:

�� (a) The corporation shall be organized for the principal purpose of maintaining and operating a public park and public recreation facility or acquiring interest in land for development for public parks or public recreation purposes;

�� (b) No part of the net earnings of the corporation shall inure to the benefit of any private stockholder or individual; and

�� (c) Upon liquidation, the assets of the corporation shall be applied first in payment of all outstanding obligations, and the balance remaining, if any, in cash and in kind, shall be distributed to the State of Oregon or to one or more of its political subdivisions for public parks or public recreation purposes.

�� (3) If any property which is exempt under this section subsequently becomes disqualified for such exemption or the exemption is not renewed as provided in subsection (4) of this section, it shall be added to the next general property tax roll for assessment and taxation in the manner provided by law.

�� (4)(a) Real or personal property shall not be exempt under this section except upon approval of the appropriate granting authority obtained in the manner provided under this subsection.

�� (b) Before any property shall be exempt under this section, on or before April 1 of any year the corporation owning or purchasing such property shall file an application for exemption with the county assessor. The provisions of ORS 307.162 shall apply as to the form, time and manner of application. Within 10 days of filing in the office of the assessor, the assessor shall refer each application for classification to the granting authority, which shall be the governing body of a county for property located outside the boundaries of a city and the governing body of the city for property located within the boundaries of the city. Within 60 days thereafter, the application shall be granted or denied and written notice given to the applicant and to the county assessor. In determining whether an application made for exemption under this section should be approved or disapproved, the granting authority shall weigh the benefits to the general welfare of granting the proposed exemption to the property which is the subject of the application against the potential loss in revenue which may result from granting the application.

�� (c) The granting authority shall not deny the application solely because of the potential loss in revenue if the granting authority determines that granting the exemption to the property will:

�� (A) Conserve or enhance natural or scenic resources;

�� (B) Protect air or streams or water supplies;

�� (C) Promote conservation of soils, wetlands, beaches or tidal marshes;

�� (D) Conserve landscaped areas which enhance the value of abutting or neighboring property;

�� (E) Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, natural reservations, sanctuaries or other open spaces;

�� (F) Enhance recreation opportunities;

�� (G) Preserve historic sites;

�� (H) Promote orderly urban or suburban development;

�� (I) Promote the reservation of land for public parks, recreation or wildlife refuge purposes; or

�� (J) Affect any other factors relevant to the general welfare of preserving the current use of the property.

�� (d) The granting authority may approve the application for exemption with respect to only part of the property which is the subject of the application. However, if any part of the application is denied, the applicant may withdraw the entire application.

�� (e) The exemption shall be granted for a 10-year period and may be renewed by the granting authority for additional periods of 10 years each at the expiration of the preceding period, upon the filing of a new application by the corporation with the county assessor on or before April 1 of the year following the 10th year of exemption. The assessor shall refer the application to the governing body as provided in paragraph (b) of this subsection, and within 30 days thereafter, the governing body shall determine if renewing the exemption will continue to serve one of the purposes of paragraph (c) of this subsection. Within 30 days after referral, written notice shall be given to the applicant and to the county assessor of the determination made by the governing body.

�� (5) Any nonprofit corporation aggrieved by the refusal of the granting authority to grant or renew an exemption under subsection (4) of this section may, within 60 days after written notice has been sent to the corporation, appeal from the determination of the granting authority to the Oregon Tax Court. The appeal should be perfected in the manner provided in ORS 305.560. The provisions of ORS 305.405 to 305.494 shall apply to the appeals. [1971 c.584 �1; 1973 c.214 �1; 1979 c.689 �5; 1987 c.416 �1; 1995 c.79 �118; 1997 c.325 �18]

�� 307.118 Wastewater and sewage treatment facilities. Upon compliance with ORS 307.162, the wastewater treatment facilities, sewage treatment facilities and all other property used for the purpose of wastewater treatment or sewage treatment, including the land underneath the facilities, shall be exempt from taxation if:

�� (1) Owned by a nonprofit corporation that was in existence as of January 1, 1997; and

�� (2) The nonprofit corporation�s only activities consist of operating wastewater treatment and sewage treatment facilities that were constructed and in operation as of January 1, 1997. [1997 c.485 �2]

�� 307.120 Property owned or leased by municipalities, dock commissions, airport districts or ports; exception; payments in lieu of taxes to school districts. (1) Real property owned or leased by any municipality and real and personal property owned or leased by any dock commission of any city or by any airport district or port organized under the laws of this state is exempt from taxation to the extent to which such property is:

�� (a) Leased, subleased, rented or preferentially assigned for the purpose of the berthing of ships, barges or other watercraft (exclusive of property leased, subleased, rented or preferentially assigned primarily for the purpose of the berthing of floating homes, as defined in ORS 830.700), the discharging, loading or handling of cargo therefrom or for storage of such cargo directly incidental to transshipment, or the cleaning or decontaminating of agricultural commodity cargo, to the extent the property does not further alter or process an agricultural commodity;

�� (b) Held under lease or rental agreement executed for any purpose prior to July 5, 1947, except that this exemption shall continue only during the term of the lease or rental agreement in effect on that date; or

�� (c) Used as an airport owned by and serving a municipality or port of less than 300,000 inhabitants as determined by the latest decennial census. Property owned or leased by the municipality, airport district or port that is located within or contiguous to the airport is exempt from taxation under this subsection if the proceeds of the lease, sublease or rental are used by the municipality, airport district or port exclusively for purposes of the maintenance and operation of the airport.

�� (2) Those persons having on January 1 of any year a lease, sublease, rent or preferential assignment or other possessory interest in property exempt from taxation under subsection (1)(a) of this section, except dock area property, shall make payments in lieu of taxes to any school district in which the exempt property is located as provided in subsection (3) of this section. The annual payment in lieu of taxes shall be one quarter of one percent (0.0025) of the real market value of the exempt property and the payment shall be made to the county treasurer on or before May 1 of each year.

�� (3)(a) On or before December 31 preceding any year for which a lease, sublease, rental or preferential assignment or other possessory interest in property is to be held, or within 30 days after acquisition of such an interest, whichever is later, any person described in subsection (2) of this section shall file with the county assessor a request for computation of the payment in lieu of tax for the exempt property in which the person has a possessory interest. The person shall also provide any information necessary to complete the computation that may be requested by the assessor. The request shall be made on a form prescribed by the Department of Revenue.

�� (b) On or before April 1 of each assessment year the county assessor shall compute the in lieu tax for the property subject to subsection (2) of this section for which a request for computation has been filed under paragraph (a) of this subsection and shall notify each person who has filed such a request:

�� (A) That the person is required to pay the amount in lieu of taxes to the county treasurer on behalf of the school district;

�� (B) Of the real market value of the property subject to the payment in lieu of taxes; and

�� (C) Of the amount due, the due date of the payment in lieu of taxes and of the consequences of late payment or nonpayment.

�� (c) On or before July 15 of each tax year the county treasurer shall distribute to the school districts the amounts received for the respective districts under subsection (2) of this section. If the exempt property is located in more than one school district, the amount received shall be apportioned to the school districts on the basis of the ratio that each school district�s permanent limit on the rate of ad valorem property taxes bears to the total permanent limit on the rate of ad valorem property taxes applicable to all of the school districts in which the property is located.

�� (4) If a person described in subsection (2) of this section fails to request a computation or make a payment in lieu of taxes as provided in this section, the property shall not be exempt for the tax year but shall be assessed and taxed as other property similarly situated is assessed and taxed.

�� (5) Upon granting of a lease, sublease, rental, preferential assignment or other possessory interest in property described in subsection (1)(a) of this section, except dock area property, the municipality, dock commission, airport district or port shall provide the county assessor with the name and address of the lessee, sublessee, renter, preferential assignee or person granted the possessory interest.

�� (6)(a) Not later than 15 days prior to the date that a request is required to be made under subsection (3)(a) of this section, the municipality, dock commission, airport district or port granting a lease, sublease, rental, preferential assignment or other possessory interest in its exempt property for which in lieu tax payments are imposed under subsection (2) of this section, shall notify the person granted the interest:

�� (A) Of the obligation to file with the county assessor a request for appraisal and computation of in lieu tax no later than December 31 or within 30 days after the interest is granted, whichever is later.

�� (B) Of the obligation to pay the in lieu tax, in the amount of one-quarter of one percent (0.0025) of the real market value of the exempt property held, to the county treasurer before May 1 following the date of the request.

�� (C) That, if the request is not made within the time prescribed, or if the in lieu tax is not paid, or both, that the property shall not be exempt from taxation but shall be assessed and taxed in the same manner as other property similarly situated is assessed and taxed.

�� (b) Failure of a municipality, dock commission, airport district or port to give the notice as prescribed under this subsection does not relieve any person from the requirements of this section.

�� (7) As used in this section:

�� (a) �Dock� means a structure extended from the shore or area adjacent to deep water for the purpose of permitting the mooring of ships, barges or other watercraft.

�� (b) �Dock area� means that part of the dock situated immediately adjacent to the mooring berth of ships, barges or other watercraft which is used primarily for the loading and unloading of waterborne cargo, but which shall not encompass any area other than that area from which cargo is hoisted or moved aboard a vessel, or to which cargo is set down when unloaded from a vessel when utilizing shipboard or dockside machinery.

�� (c) �Dock area property� means all real property situated in the dock area, and includes all structures, machinery or equipment affixed to that property.

�� (d) �School district� means a common or union high school district, but does not include a county education bond district, an education service district, a community college service district or a community college district. [Amended by 1955 c.267 �1; 1973 c.234 �1; 1977 c.615 �1; 1979 c.705 �1; 1981 c.160 �1; 1983 c.740 �86; 1987 c.583 �5; 1987 c.756 �10; 1991 c.459 �42; 1995 c.337 �2; 1997 c.271 �4; 1997 c.541 �103; 1997 c.600 �5; 1999 c.570 �1; 2001 c.114 �9; 2003 c.119 �1; 2003 c.169 �1]

�� 307.122 [1987 c.583 ��3,7; repealed by 1991 c.459 �81]

�� 307.123 Property of strategic investment program eligible projects; rules. (1) Except as provided in subsection (4) of this section, real or personal property that the Oregon Business Development Commission, acting pursuant to ORS 285C.606, has determined is an eligible project under ORS 285C.600 to 285C.635 shall be subject to assessment and taxation as provided in this section.

�� (2)(a) The following portions of the real market value of the eligible project, increased annually for growth at the rate of three percent, shall be taxable at the taxable portion�s assessed value under ORS 308.146:

�� (A) $100 million, adjusted annually for inflation since 2024 based on the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor, and rounded to the nearest multiple of $100,000; or

�� (B) If the project is located in a rural area as defined in ORS 285C.600:

�� (i) $40 million for a project with a total cost of not more than $500 million.

�� (ii) $75 million for a project with a total cost of more than $500 million and not more than $1 billion.

�� (iii) $150 million for a project with a total cost of more than $1 billion.

�� (b) The taxable portion of real market value, as adjusted, shall be allocated as follows until the entire amount is assigned: first to land, second to buildings, third to real property machinery and equipment and last to personal property.

�� (c) The remainder of the real market value shall be exempt from taxation for a period of 15 years from the beginning of the tax year after the earliest of the following dates:

�� (A) The date the property is certified for occupancy or, if no certificate of occupancy is issued, the date the property is used to produce a product for sale; or

�� (B) The expiration of the exemption for commercial facilities under construction under ORS 307.330.

�� (3) If the real market value of the property falls below the value determined under subsection (2)(a) of this section, the owner or lessee shall pay taxes only on the assessed value of the property.

�� (4) Notwithstanding subsection (1) of this section, real or personal property that has received an exemption under ORS 285C.175 may not be assessed under this section.

�� (5) The Department of Revenue may adopt rules and prescribe forms that the department determines are necessary for administration of this section.

�� (6) The determination by the Oregon Business Development Commission that a project is an eligible project that may receive a tax exemption under this section shall be conclusive, so long as the property included in the eligible project is constructed and installed in accordance with the application approved by the commission.

�� (7) Notwithstanding subsection (1) of this section, if the owner or lessee of property exempt under this section fails to pay the fee required under ORS

ORS 308.153

308.153, 308.156 and 308.159, the maximum assessed value must first be determined under subsection (1) of this section and then further adjusted under ORS 308.159.

�� (5) If the maximum assessed value of property is subject to adjustment for fire or act of God, the maximum assessed value must first be determined under ORS 308.146 (5)(a) and then may be adjusted as provided in subsections (1) to (4) of this section.

�� (6) If the maximum assessed value of property is subject to adjustment for demolition or removal of a building, the maximum assessed value must first be determined under ORS 308.146 (8)(a) and then may be adjusted as provided in subsections (1) to (4) of this section. [1997 c.541 �17; 1999 c.1003 �6; 2003 c.30 �1; 2009 c.443 �2; 2015 c.480 �3]

�� 308.170 [1983 c.259 �2; renumbered 223.878 in 1987]

ASSESSMENT ROLL; METHOD OF ASSESSMENT

�� 308.205 Real market value defined; rules. (1) Real market value of all property, real and personal, means the amount in cash that could reasonably be expected to be paid by an informed buyer to an informed seller, each acting without compulsion in an arm�s-length transaction occurring as of the assessment date for the tax year.

�� (2) Real market value in all cases shall be determined by methods and procedures in accordance with rules adopted by the Department of Revenue and in accordance with the following:

�� (a) The amount a typical seller would accept or the amount a typical buyer would offer that could reasonably be expected by a seller of property.

�� (b) An amount in cash shall be considered the equivalent of a financing method that is typical for a property.

�� (c) If the property has no immediate market value, its real market value is the amount of money that would justly compensate the owner for loss of the property.

�� (d) If the property is subject to governmental restriction as to use on the assessment date under applicable law or regulation, real market value shall not be based upon sales that reflect for the property a value that the property would have if the use of the property were not subject to the restriction unless adjustments in value are made reflecting the effect of the restrictions. [Amended by 1953 c.701 �2; 1955 c.691 ��1, 2; 1977 c.423 �2; 1981 c.804 �34; 1989 c.796 �30; 1991 c.459 �88; 1993 c.19 �6; 1997 c.541 �152]

�� 308.207 Computation of real market value for taxing or bonding limitations. (1) If the taxing or bonding power of any governmental unit is limited to a millage or percentage of the real market value of the taxable property within the unit, the real market value shall be the real market value as reflected in the last certified assessment roll.

�� (2) Changes in the boundary lines of a governmental unit shall be taken into account in computing its real market value for purposes of subsection (1) of this section even though such boundary changes may not be included on the latest assessment roll.

�� (3) As used in this section, �governmental unit� includes the state, counties, cities, municipal corporations, and all special districts having the power to levy taxes or issue bonds. [1963 c.9 �1; 1967 c.293 �22; 1981 c.804 �35; 1991 c.459 �89; 1999 c.1078 �83]

�� 308.210 Assessing property; record as assessment roll; changes in ownership or description of real property and manufactured structures assessed as personal property. (1) The assessor shall proceed each year to assess the value of all taxable property within the county, except property that by law is to be otherwise assessed. The assessor shall maintain a full and complete record of the assessment of the taxable property for each year as of January 1, at 1:00 a.m. of the assessment year, in the manner set forth in ORS 308.215. Such record shall constitute the assessment roll of the county for the year.

�� (2) Except as provided in subsections (3) and (4) of this section, the ownership and description of all real property and manufactured structures assessed as personal property shall be shown on the assessment roll as of January 1 of such year or as it may subsequently be changed by divisions, transfers or other recorded changes. This subsection is intended to permit the assessor to reflect on the assessment roll the divisions of property or the combining of properties after January 1 so as to reflect the changes in the ownership of that property and to keep current the descriptions of property. The assessor shall also have authority to change the ownership of record after January 1 of a given year so that the assessment roll will reflect as nearly as possible the current ownership of that property.

�� (3) The assessor shall not indicate any changes, divisions or transfers of properties which occurred before, on or after January 1 as a result of the division of a larger parcel of land until all ad valorem taxes, fees and other charges placed upon the tax roll on the entire parcel of property that have been certified for collection under ORS 311.105 and 311.110 have been paid. However, if the owner of one of the portions of the larger property is a public body only the change, division or transfer of that portion shall be recognized.

�� (4) The assessor shall not reflect on the assessment roll any combining of properties unless all ad valorem taxes, fees or other charges charged to the tax accounts to be combined that have been certified for collection under ORS 311.105 and 311.110 have been paid. However, if the owner of the affected property is a public body, this subsection shall not apply.

�� (5) The assessor shall notify the planning director of a city of all divisions of land within the corporate limits of the city and the planning director of a county of all divisions of land outside the corporate limits of all cities and within the county, including, but not limited to, divisions of land by lien foreclosure, divisions of land pursuant to court order and subdivisions within 30 days after the date the change in the tax lot lines was processed by the assessor. The requirements of this subsection do not apply to divisions for assessment purposes only.

�� (6) As used in this section, �public body� means the United States, its agencies and instrumentalities, the state, a county, city, school district, irrigation or drainage district, a port, a water district and all other public or municipal corporations in the state exempt from tax under ORS 307.040 or 307.090. [Amended by 1957 c.324 �1; 1969 c.454 �1; 1977 c.718 �1; 1981 c.632 �2; 1983 c.473 �1; 1983 c.718 �1; 1991 c.459 �90; 1991 c.763 �27; 1993 c.6 �4; 1995 c.610 �1; 1997 c.541 �154]

�� 308.212 Requirement for property owner to file address. (1) Any person who owns real property located in any county shall notify the county assessor for the county where the property is located of that owner�s current address and, within 30 days of the change, shall notify the assessor of any change of address.

�� (2) A notice required under subsection (1) of this section does not meet the requirements of this section unless the notice is in writing and:

�� (a) For an individual, the notice contains the residence address of the person.

�� (b) For any other person, the notice contains the name and address of persons upon whom process may be served.

�� (3) The county assessor of each county shall maintain records showing the information required to be submitted to the assessor under this section. The assessor shall note any property owner�s change of address on the tax rolls.

�� (4) Subsection (1) of this section does not apply to any government body or government agency. [1981 c.153 �49]

�� Note: 308.212 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 308 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 308.215 Contents of assessment roll; rules. (1) The assessor shall prepare the assessment roll in the following form:

�� (a) Real property shall be listed in sequence by account number or by code area and account numbers. For each parcel of real property, the assessor shall set down in the assessment roll according to the best information the assessor can obtain:

�� (A) The name of the owner or owners and, if the assessor or tax collector is instructed in writing by the owner or owners to send statements and notices relating to taxation to an agent or representative, the name of such agent or representative.

�� (B) A description as required by ORS 308.240 with its code area and account numbers.

�� (C) The property class, in accordance with the classes established by rule by the Department of Revenue.

�� (D) The number of acres and parts of an acre, as nearly as can be ascertained, unless it is divided into blocks and lots.

�� (E) The real market value of the land, excluding all buildings, structures, improvements and timber thereon.

�� (F) The real market value of all buildings, structures and improvements thereon.

�� (G) The real market value of each unit together with its percentage of undivided interest in the common elements of property subject to ORS 100.005 to 100.910 stating separately the real market value of the land, buildings, structures and improvements of each unit.

�� (H) For each parcel of real property granted an exemption under ORS 307.250 to 307.283, the real market value so exempt.

�� (I) The total assessed value, maximum assessed value and real market value of each parcel of real property assessed.

�� (b) For personal property, the assessor shall set down separately in the assessment roll, according to the best information the assessor can obtain:

�� (A) The names, including assumed business names, if any, of all persons, whether individuals, partnerships or corporations, or other owner, owning or having possession or control of taxable personal property on January 1, at 1:00 a.m. of the assessment year. If it is a partnership, the names of two general partners and the total number thereof.

�� (B) The real market value of the personal property assessed, with a separate value for each category of personal property, if any. The Department of Revenue, by rule, may establish such categories as appear useful or necessary for good tax administration.

�� (C) The number of the code area assigned by the assessor covering the situs of the property on January 1.

�� (D) The total assessed, maximum assessed and real market value for the property.

�� (c) Real property and machinery and equipment listed on the assessment roll shall each bear a distinctive designation so that machinery and equipment can be identified with the real property upon which the machinery and equipment is located.

�� (d)(A) The listing of manufactured structures on the assessment roll, whether as real or personal property, shall be done in a distinctive manner so that manufactured structures may be readily distinguished from other property.

�� (B) In lieu of listing manufactured structures on the assessment roll as real or personal property, the assessor may list manufactured structures in a separate section of the assessment roll. In any county where such separate listing of manufactured structures is made the manufactured structures assessed as real property under ORS 308.875 shall bear a distinctive designation so that it can be identified with the real property upon which it is located. In like manner the real property upon which the manufactured structure is situated shall bear a distinctive designation so that it can be identified with the manufactured structure. Where a homestead exemption is granted to a manufactured structure assessed as real property under ORS 308.875, which manufactured structure is listed on a portion of the assessment roll separate from the real property, the exempt amount shall apply first to the value of the manufactured structure, and any remainder shall apply to the parcel of land upon which it is situated.

�� (2) For purposes of the classification of real property required under subsection (1)(a)(C) of this section, property listed in paragraph (a), (b) or (c) of this subsection must be classified, together with any other property listed in the respective paragraph, separately from all other property:

�� (a) Machinery and equipment.

�� (b) Property appraised under ORS 306.126, other than machinery and equipment.

�� (c) Industrial property, other than property appraised under ORS 306.126, and commercial property.

�� (3) The Department of Revenue may by rule require that the assessment roll include information in addition to that required by subsection (1) of this section. [Amended by 1957 c.324 �2; 1963 c.270 �1; 1963 c.541 �43; 1965 c.344 �1; 1967 c.568 �1; 1971 c.529 �13; 1971 c.568 �1; 1971 c.747 �16; 1977 c.718 �6; 1979 c.692 �3; 1981 c.804 �36; 1983 s.s. c.5 �3; 1985 c.350 �1; 1985 c.613 �7; 1991 c.459 �91; 1997 c.541 �155; 1999 c.579 �4; 2012 c.30 �1]

�� 308.217 Form of assessment and tax rolls; obtaining descriptions of property. (1) For purposes of assessment and taxation, the assessment roll and the tax roll of each county shall be deemed one continuous record. They shall be made up in regular and orderly form, with appropriate headings for assessment of properties, extensions of tax levies, for payments, foreclosures, redemptions, issuance of deeds and other entries as contemplated by law. The rolls shall be in an acceptable form of record keeping, approved by the Department of Revenue, which may be, but is not limited to, bound volumes, numbered loose-leaf sheets, systematic punch cards or magnetic tape. Both rolls may be prepared as continuing rolls, covering two or more years, but all proceedings in the assessment and taxation of property for each year shall be separately exhibited therein.

�� (2) The records constituting the assessment roll may be combined with or separated from the records constituting the tax roll. The records constituting each roll may be divided, for convenience, between the assessor�s office and the tax collector�s office, with or without duplication in whole or in part in either office.

�� (3) The owner of any real property shall, upon request of the assessor, furnish to the assessor a description of the property from which its area can be computed accurately and the location and boundary lines made certain. [1965 c.344 �3 (308.217,

ORS 308.220

308.220)]

�� 308.221 [1965 c.344 �5 (308.217, 308.219 and 308.221 enacted in lieu of 308.220); 1981 c.804 �37; 1991 c.459 �93; 1997 c.541 �262; renumbered 310.147 in 1997]

�� 308.225 Boundary changes; procedure. (1) In preparing the assessment roll in any year, a county assessor shall disregard changes or proposed changes described in subsections (3), (4) and (5) of this section in the boundary lines of any taxing district levying ad valorem property taxes if the description and map showing changes or proposed changes are not filed in final approved form, in accordance with and at the time required by subsection (2) of this section.

�� (2)(a) If a boundary change is made or proposed, the person, governing body, officer, administrative agency or court that is or will be responsible for determining whether the boundary change is final shall file with the county assessor and the Department of Revenue the legal description of the change or proposed change and an accurate map showing the change or proposed change in final approved form, on or before March 31 of the assessment year to which the boundary change applies.

�� (b)(A) Except as otherwise provided in subparagraph (B) of this paragraph, the legal description of the boundary change must consist of a series of courses in which the first course starts at a point of beginning and the final course ends at the point of beginning. Each course must be identified by bearings and distances and, when available, refer to deed lines, deed corners and other monuments, or, in lieu of bearings and distances, be identified by reference to:

�� (i) Township, range, section or section subdivision lines of the United States Public Land Survey System.

�� (ii) Survey center line or right of way lines of public roads, streets or highways.

�� (iii) Ordinary high water or ordinary low water of tidal lands.

�� (iv) Right of way lines of railroads.

�� (v) Any line identified on the plat of any recorded subdivision defined in ORS 92.010.

�� (vi) Donation land claims.

�� (vii) Line of ordinary high water and line of ordinary low water of rivers and streams, as defined in ORS 274.005, or the thread of rivers and streams.

�� (B) In lieu of the requirements of subparagraph (A) of this paragraph, boundary change areas conforming to areas of the United States Public Land Survey System may be described by township, section, quarter-section or quarter-quarter section, or if the areas conform to subdivision lots and blocks, may be described by lot and block description.

�� (c) The county assessor or the department shall provide a map to the person, body, officer or agency making the filing within 14 days after the filing body notifies the assessor and department that a boundary change is being proposed. Upon receipt, the filing body shall accurately enter the boundary line on the map.

�� (d) The description and map must be filed in final approved form on or before March 31 of the assessment year to which the boundary change applies. Proposed changes must be certified to the county assessor and the department in the same manner as changes. If the taxing district is located in more than one county, the description and map shall be filed with the assessor in each county and with the department within the time provided in this subsection.

�� (3) For purposes of this section, boundary change means the change that occurs in the boundaries of a district by reason of:

�� (a) The formation of a new district;

�� (b) The consolidation or merger of two or more districts or parts thereof;

�� (c) The annexation of territory by a district;

�� (d) The withdrawal of territory from a district; or

�� (e) The dissolution of a district.

�� (4) For purposes of this section, the establishment of tax zones within a district constitutes a boundary change.

�� (5) For purposes of this section, a proposed change means a boundary change that has not become final or effective on or before March 31 and that:

�� (a) Is certain to become final or effective before July 1 of the same year; or

�� (b) Is subject to voter approval in an election held before July 1 of the same year and that becomes final or effective before July 1 of the same year.

�� (6) Each description and map filed under subsection (2) of this section shall be submitted to the Department of Revenue and approved or disapproved within 30 days of receipt.

�� (7) Within five days of its determination, the Department of Revenue shall provide notice of its approval or disapproval under subsection (6) of this section to each county assessor with whom a filing has been made and to the filing body. If the description or map is disapproved, the department shall explain what steps must be taken to correct the description or map, and shall cooperate with the filing body in helping it meet the requirements of this section, and whenever possible, the filing deadline of March 31. Corrected descriptions and maps must then be resubmitted to the department, and approved, and filed with the assessor or assessors.

�� (8) The filing of the description and map under this section is for assessment and taxation purposes only and does not affect or relate to filing for any other purpose. [Amended by 1965 c.411 �1; 1969 c.151 �1; 1973 c.501 �1; 1975 c.595 �1; 1981 c.804 �38; 1983 c.426 �1; 1991 c.459 �94; 1997 c.541 �157; 2001 c.246 �11; 2001 c.553 �8; 2010 c.29 �1; 2011 c.204 �1]

�� 308.229 [1989 c.887 �10; 1991 c.459 �95; 1993 c.703 �3; 1997 c.541 �158; repealed by 1999 c.314 �94]

�� 308.230 [Repealed by 1969 c.454 �2]

�� 308.231 Only registered appraisers to appraise real property. Appraisals of real property shall be performed by an appraiser registered under ORS 308.010. [1955 c.575 �2; 1979 c.689 �11; 1991 c.5 �23; 1991 c.459 �96]

�� 308.232 Property to be valued at 100 percent real market value and assessed at assessed value. All real or personal property within each county not exempt from ad valorem property taxation or subject to special assessment shall be valued at 100 percent of its real market value. Unless the property is subject to maximum assessed value adjustment under ORS 308.149 to 308.166, the property shall be assessed at the property�s assessed value determined under ORS 308.146. [1953 c.701 �2; 1959 c.519 �1; 1961 c.243 �1; 1967 c.293 �6; 1979 c.241 �33; 1981 c.804 �39; 1985 c.613 �8; 1991 c.459 �97; 1997 c.541 �159]

�� 308.233 Use of sales data for physical appraisal. (1) For purposes of making a physical appraisal of property for ad valorem property taxation, in arriving at the value level for the property, any sales data used shall be examined, analyzed, adjusted and otherwise utilized in such a manner that the value level determined for the property is substantially equivalent to the value level that would be determined if the sales data utilized was the same sales data, and was examined, analyzed, adjusted and otherwise utilized in the same manner as the sales data utilized in making the certified ratio study under ORS 309.200.

�� (2) The purpose of this section is to achieve equality and uniformity in assessed values between properties that are physically appraised and those that are not physically appraised, but subject to trending or indexing for the particular assessment year. [1979 c.241 �51; 1989 c.330 �15; 1991 c.459 �98; 1997 c.541 �160]

�� Note: 308.233 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 308 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 308.234 Record of last appraisal; Department of Revenue to approve methods of appraisal. The county assessors shall preserve in their respective offices records to show when each parcel of real property was last appraised. Each parcel of real property shall be appraised using a method of appraisal approved by the Department of Revenue by rule. [1955 c.575 �1; 1967 c.105 �1; 1967 c.293 �8; 1997 c.541 �161]

�� 308.235 Valuation of real property. (1) Taxable real property shall be assessed by a method which takes into consideration:

�� (a) The applicable land use plans, including current zoning and other governmental land use restrictions;

�� (b) The improvements on the land and in the surrounding country and also the use, earning power and usefulness of the improvements, and any rights or privileges attached thereto or connected therewith; and

�� (c) The quality of the soil, and the natural resources in, on or connected with the land, its conveniences to transportation lines, public roads and other local advantage of a similar or different kind.

�� (2) If land is situated within an irrigation, drainage, reclamation or other improvement district, the value of the land shall not be considered to be increased until the construction and improvement of the district have been completed to the point that water may be delivered to or removed from the land, as the case may be. [Amended by 1953 c.701 �2; 1957 c.324 �4; subsection (2) enacted as 1967 c.601 �12; 1969 c.601 �14; 1975 c.671 �1; 1981 c.804 �40]

�� 308.236 Land values to reflect presence of roads; roads not assessed; exception for certain timber roads. (1) The availability, usefulness and cost of using roads, including all roads of the owner of land or timber and all roads that the owner has the right to use, shall be taken into consideration in determining the real market value of land.

�� (2) Farm or grazing land roads and forest roads themselves, except principal exterior timber access roads, shall not be appraised, valued or assessed and they shall not be classed as improvements under ORS 308.215. The underlying land upon which roads are constructed shall be assessed if it is otherwise subject to assessment.

�� (3) As used in this section:

�� (a) �Road� includes fills, ballast, bridges, culverts, drains, surfacing and other appurtenances of a like kind commonly associated with roads but excludes railroads.

�� (b) �Principal exterior timber access roads� means those portions of high standard main-line private roads that provide access from a conversion center or public way to the exterior boundary of the principal forest area served by the road. A high standard main-line private road is a permanent road of two lanes or more that is paved or macadamized or that has a fine-gravel surface that is permanently and continuously maintained. [1963 c.230 �2; 1977 c.892 �35; 1987 c.305 �7; 1989 c.1083 �8; 1991 c.459 �99; 1999 c.1078 �62; 2003 c.46 �16; 2003 c.621 �80]

�� 308.237 [1961 c.695 �1; repealed by 1963 c.577 �11]

�� 308.238 [1961 c.695 �2; repealed by 1963 c.577 �11]

�� 308.239 [1965 c.622 �1; 1967 c.633 �1; renumbered 308.345]

�� 308.240 Description of real property; assessment to �unknown owners�; mistake or omission in owner�s name; error in description of property. (1) Real property may be described by giving the subdivision according to the United States survey when coincident with the boundaries thereof, or by lots, blocks and addition names, or by giving the boundaries thereof by metes and bounds, or by reference to the book and page of any public record of the county where the description may be found, or in such other manner as to cause the description to be capable of being made certain. Initial letters, abbreviations, figures, fractions and exponents, to designate the township, range, section or part of a section, or the number of any lot or block or part thereof, or any distance, course, bearing or direction, may be employed in any such description of real property.

�� (2) If the owner of any land is unknown, such land may be assessed to �unknown owner,� or �unknown owners.� If the property is correctly described, no assessment shall be invalidated by a mistake in the name of the owner of the real property assessed or by the omission of the name of the owner or the entry of a name other than that of the true owner. Where the name of the true owner, or the owner of record, of any parcel of real property is given, the assessment shall not be held invalid on account of any error or irregularity in the description if the description would be sufficient in a deed of conveyance from the owner, or is such that, in an action to enforce a contract to convey employing such description, a court with jurisdiction to grant equitable remedies would hold it to be good and sufficient.

�� (3) Any description of real property which conforms substantially to the requirements of this section shall be a sufficient description and designation in all proceedings of assessment for taxation, levy and collection of taxes, foreclosure and sale for delinquent taxes or assessments, and in any other proceeding related to or connected with the taxation of such property. [Amended by 1957 c.324 �5; 1979 c.284 �135; 1993 c.19 �7]

�� 308.242 Assessor�s authority to change roll after September 25 limited; when changes permitted; stipulations. (1) The assessor may not make changes in the roll after September 25 of each year except as provided in subsections (2) and (3) of this section or as otherwise provided by law.

�� (2) After the assessment roll has been certified and on or before December 31, the assessor may make changes in valuation judgment that result in a reduction in the value of property, if so requested by the taxpayer or upon the assessor�s own initiative. Corrections under this section to accounts appraised by the Department of Revenue pursuant to ORS 306.126 and 308.505 to 308.674 may not be made without the approval of the department.

�� (3)(a) If a petition for reduction has been filed with the property value appeals board, the assessor may change the roll if the assessor and the petitioner stipulate to a change in valuation judgment that results in a reduction in value. The stipulation may be made at any time up until the convening of the board.

�� (b) Stipulations agreed to by the assessor and the petitioner under this subsection shall be delivered to the clerk of the board prior to the convening of the board.

�� (c) As used in this subsection, �stipulation� means a written agreement signed by the petitioner and the assessor that specifies a reduction in value to be made to the assessment and tax roll.

�� (4) Any change in value made under subsection (2) or (3) of this section shall be made in the manner specified in ORS 311.205 and 311.216 to 311.232. [1957 c.324 �7; 1981 c.804 �40a; 1983 s.s. c.5 �4; 1991 c.459 �100; 1993 c.270 �27; 1997 c.541 �162; 2001 c.423 �1; 2003 c.36 �1; 2007 c.590 �1; 2023 c.29 �12]

�� 308.245 Maps; taxpayers� index. (1) The assessor of each county shall maintain a set of maps upon which are outlined the boundaries of each land parcel subject to separate assessment within the county, with the parcel�s tax lot or account number shown on the parcel. In addition, the assessor may show on the maps the code area boundaries and the assigned code area numbers.

�� (2) The assessor shall also make a diagram or drawing of all property within the county of the assessor submitted to the provisions of ORS 100.005 to 100.910, and shall note thereon the assigned account or tax lot number.

�� (3) The assessor shall maintain an index of the names of every taxpayer against whom any tax is charged in the county, in alphabetical order with reference to the first three letters of the surname of taxpayers who have surnames, and of the first names of any others. The index shall be indexed to the assessment rolls and the place therein where the assessment of such taxpayer is found.

�� (4) The maps and the index provided for in this section shall be public records. [Amended by 1963 c.541 �44; 1965 c.344 �7]

�� 308.250 Valuation and assessment of personal property; property not subject to taxation in certain cases; annual notice authorized; form attesting no change in property; indexing. (1) All personal property not exempt from ad valorem taxation or subject to special assessment shall be valued at 100 percent of its real market value, as of January 1, at 1:00 a.m. and shall be assessed at its assessed value determined as provided in ORS 308.146.

�� (2) Notwithstanding subsection (1) of this section:

�� (a) If the total assessed value of all taxable personal property of any taxpayer assessable in any county that is required to be reported under ORS 308.290, and of all residential floating structures of the taxpayer assessable in the county that are not required to be reported under ORS 308.290 (1)(b)(C), is less than $12,500 in any assessment year, the property is not subject to ad valorem property taxation for that year.

�� (b) Manufactured structures of a taxpayer are not subject to ad valorem property taxation for any assessment year in which, in a county with a population of more than 340,000 but less than or equal to 570,000, the total assessed value of all manufactured structures taxable as personal property under ORS 308.875 of the taxpayer is less than $12,500.

�� (3)(a) Notwithstanding subsection (1) of this section, manufactured structures of a taxpayer are not subject to ad valorem property taxation for any assessment year in which, in a county with a population of more than 570,000, the total assessed value of all manufactured structures taxable as personal property under ORS 308.875 of the taxpayer is less than:

�� (A) $25,000; or

�� (B) A maximum dollar amount of $25,000 or more, if adopted by the governing body of the county for the assessment year.

�� (b) Notwithstanding subsection (1) of this section, the governing body of a county with a population of more than 570,000 may grant a partial exemption for all manufactured structures taxable as personal property in a dollar amount adopted by the county. The dollar amount shall be subtracted from the total assessed value of the property.

�� (c) The governing body of a county that adopts a dollar amount under paragraph (a)(B) or (b) of this subsection must notify the county assessor on or before January 1 of the assessment year for which the county first intends the dollar amount to apply.

�� (4)(a) On or around January 1 of each year, the county assessor may provide notice to each taxpayer whose taxable personal property is not subject to ad valorem property taxation for the current property tax year under subsection (2)(a) of this section.

�� (b) Notice provided under this subsection shall:

�� (A) State that the taxpayer�s personal property is not subject to ad valorem property taxation for the current property tax year.

�� (B) Include a form prescribed by the Department of Revenue by rule on which the taxpayer may attest by signing the form that the taxpayer has not added or deleted any taxable personal property since the prior assessment year.

�� (C) State that, if the taxpayer has added or deleted personal property since the prior assessment year, the taxpayer is required to submit to the county assessor a signed business personal property return with an updated asset detail list on or before March 15.

�� (c) A signed form returned to the county assessor within the time required under ORS 308.290 shall be sufficient to make the taxable personal property of the taxpayer identified in the notice not subject to ad valorem property taxation for the subsequent property tax year.

�� (5)(a) For each tax year beginning on or after July 1, 2003, the Department of Revenue shall recompute the maximum amount of the assessed value of taxable personal property in subsections (2)(a) and (b) and (3)(a)(A) and (B) of this section as follows:

�� (A) Divide the average Consumer Price Index for All Urban Consumers, West Region, for the prior calendar year by the average U.S. City Average Consumer Price Index for 2002.

�� (B) Recompute the maximum amount of assessed value under subsection (2)(a) or (b) of this section by multiplying $12,500 or $25,000, as applicable, by the appropriate indexing factor determined as provided in subparagraph (A) of this paragraph.

�� (b) As used in this subsection:

�� (A) �Consumer Price Index for All Urban Consumers, West Region� means the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.

�� (B) �U.S. City Average Consumer Price Index� means the U.S. City Average Consumer Price Index for All Urban Consumers (All Items) as published by the Bureau of Labor Statistics of the United States Department of Labor.

�� (c) If any change in the maximum amount of assessed value determined under paragraph (a) of this subsection is not a multiple of $500, the increase shall be rounded to the nearest multiple of $500. [Amended by 1953 c.349 �3; 1959 c.553 �1; 1965 c.429 �3; 1971 c.529 �34; 1971 c.610 �1; 1973 c.62 �1; 1979 c.529 �3; 1979 c.692 �4; 1981 c.804 �41; 1985 c.422 �1; 1985 c.613 �9; 1991 c.459 �101; 1993 c.813 �1; 1995 c.513 �4; 1997 c.541 �163; 1997 c.819 �1; 2001 c.479 �1; 2003 c.63 �1; 2007 c.613 �2; 2010 c.69 ��1,2; 2013 c.205 �1; 2015 c.38 �2; 2015 c.217 �1; 2017 c.420 �1; 2019 c.533 �1; 2022 c.96 �3; 2023 c.172 �2]

�� 308.253 [1985 c.416 �2; 1991 c.459 �102; repealed by 2003 c.655 �143]

�� 308.255 [Amended by 1955 c.735 �7; repealed by 1957 c.342 �1 (308.256 enacted in lieu of 308.110 and 308.255)]

�� 308.256 Assessment, taxation and exemption of watercraft and materials of shipyards, ship repair facilities and offshore drilling rigs. (1) Watercraft of water transportation companies shall be assessed as provided in ORS 308.505 to

ORS 308.481

308.481 or an exemption under ORS 307.515 to 307.523; and

�� (2) The work or improvement qualifies for the limited assessment or exemption. [1991 c.738 �2; 1997 c.249 �92]

�� Note: 307.203 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 307 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 307.205 [1977 c.626 �2; 1987 c.756 �13; 1991 c.459 �48; 1997 c.541 �108; repealed by 2013 c.193 �1]

(Water Associations)

�� 307.210 Property of nonprofit mutual or cooperative water associations; disqualification; application. (1) After the county assessor has approved an application for exemption filed under this section, all property consisting of land, improvements, fixtures, equipment or supplies, including dams and dikes, owned by any association of persons, wholly mutual or cooperative in character, whether incorporated or unincorporated, used primarily in storing, conveying and distributing water to the members of such association for domestic use or irrigation, where such association has no other business or purpose and its operations are conducted without profit in money, is exempt from taxation.

�� (2) The property described in subsection (1) of this section shall not be exempt if either of the following conditions existed in the 12-month period prior to the January 1 assessment date:

�� (a) More than 15 percent of the members of the association were a commercial establishment or establishments that used any of the water for commercial purposes.

�� (b) More than 25 percent of the total annual volume of water furnished by the association was used by a commercial establishment or establishments for commercial purposes.

�� (3) For the purpose of this section service to the government of this state, the government of the United States, or any subdivision, agency or instrumentality, corporate or otherwise, of either of them, shall not be construed as a commercial purpose.

�� (4)(a) An association seeking to claim an exemption under this section shall file an application with the county assessor on or before April 1 preceding the tax year for which the exemption is being claimed.

�� (b) An application is not required under this section if the property of the association was exempt under this section for the previous tax year and, as of the assessment date for the current tax year, the ownership or use of all of the property that was the subject of the application remains unchanged.

�� (5) The application shall be on such form and shall contain such information as the Department of Revenue shall prescribe.

�� (6) The county assessor shall approve or disapprove an application filed under this section and shall notify the applicant of the assessor�s determination. [Amended by 1953 c.709 �2; 1955 c.207 �1; 1957 c.274 �1; 1971 c.258 �1; 1971 c.759 �1; 1991 c.459 �49; 1997 c.113 �4; 1997 c.541 �109; 2003 c.37 �1]

(City and County Housing Project Funding Programs)

�� 307.213 Definitions for ORS 307.213 to 307.237. As used in ORS 307.213 to 307.237:

�� (1) �Agency loan� means a loan made by the Housing and Community Services Department pursuant to a program adopted under ORS 307.221.

�� (2) �Assessor,� �tax collector� and �treasurer� mean the individual filling that county office so named or any county officer performing the functions of the office under another name.

�� (3) �County tax officers� and �tax officers� mean the assessor, tax collector and treasurer of a county.

�� (4) �Eligible costs� means the following costs associated with an eligible housing project:

�� (a) Infrastructure costs, including, but not limited to, system development charges;

�� (b) Predevelopment costs;

�� (c) Construction costs; and

�� (d) Land write-downs.

�� (5) �Eligible housing project� means a project to construct housing, or to convert a building from a nonresidential use to housing, that is:

�� (a) Affordable to households with low income or moderate income as those terms are defined in ORS

ORS 308.805

308.805 to 308.820 and 308.990.

�� (2) Except as provided in ORS 321.347, land that is prepared using intensive cultivation and tilling and on which all unwanted plant growth is controlled continuously for the exclusive purpose of growing Christmas trees.

�� (3) Land used for the purpose of growing hardwood timber, including but not limited to hybrid cottonwood, if:

�� (a) The land is prepared using intensive cultivation methods and is cleared of competing vegetation for at least three years after tree planting;

�� (b) The timber is of a species marketable as fiber for inclusion in the furnish for manufacturing paper products;

�� (c) The timber is harvested on a rotation cycle within 12 years after planting; and

�� (d) The land and timber are subject to intensive agricultural practices such as fertilization, insect and disease control, cultivation and irrigation.

�� (4) Small tract forestland qualified under ORS 321.700 to 321.754 and timber harvested from small tract forestland qualified under ORS 321.700 to 321.754. [1977 c.892 �3; 1989 c.887 �5; 1991 c.459 �278; 1991 c.714 �10; 1993 c.801 �5; 1997 c.154 �51; 1999 c.19 �1; 1999 c.1078 �17; 2001 c.46 �1; 2001 c.114 �44; 2003 c.454 ��108,110; 2003 c.621 �4a]

�� 321.270 [Formerly 528.030; 1973 c.348 �2; repealed by 1977 c.892 �51]

�� 321.272 Exemption of timber from property taxation. All timber in western Oregon shall be exempt from ad valorem property taxation. [1977 c.892 �4; 1993 c.801 �6; 1999 c.1078 �19; 2003 c.621 �5]

�� 321.273 [1993 c.801 �8; 1999 c.1078 ��21,23; repealed by 2003 c.621 �22b]

�� 321.274 [1989 c.887 �7b; 1991 c.459 �279; 1993 c.801 �38; 2003 c.454 �114; repealed by 2003 c.621 ��22b,22c]

�� 321.275 [Formerly 528.040; repealed by 1973 c.348 �12]

�� 321.277 [1977 c.892 �5; repealed by 1993 c.801 �43]

�� 321.279 [1977 c.892 �50a; repealed by 1983 c.740 �92a]

�� 321.280 [Formerly 528.050; 1973 c.348 �3; repealed by 1977 c.892 �51]

�� 321.282 [1977 c.892 �6; 1979 c.454 �1; 1983 c.563 �1; 1985 c.759 �19; 1989 c.1083 �2; 1991 c.459 �280; 1993 c.653 ��8,8a; 1999 c.1078 �25; 2003 c.454 �62a; repealed by 2003 c.621 ��22b,22c]

�� 321.284 [1989 c.1083 �4; 1991 c.459 �281; 1993 c.653 �9; 1995 c.650 �92; 1999 c.1078 �26a; repealed by 2003 c.621 �22]

�� 321.285 [Formerly 528.060; 1973 c.348 �4; repealed by 1977 c.892 �51]

�� 321.287 [1977 c.892 �7; 1979 c.454 �2; 1993 c.653 ��10,10a; repealed by 2003 c.621 �22b]

�� 321.290 [Formerly 528.070; repealed by 1973 c.348 �5 (321.291 enacted in lieu of 321.290)]

�� 321.291 [1973 c.348 �6 (enacted in lieu of

ORS 31.260

31.260 to 31.278 to an appropriate committee or interim committee of the Legislative Assembly. [2013 c.5 �9; 2025 c.405 �18]

�� 31.278 Use of information relating to notice of adverse health care incident. (1) The Oregon Patient Safety Commission may disseminate information relating to a notice of adverse health care incident filed under ORS 31.262 to the public and to health care providers and health care facilities not involved in the adverse health care incident as necessary to meet the goals described in ORS 31.276. Information disclosed under this subsection may not identify a health care facility, health care provider or patient involved in the adverse health care incident.

�� (2) The commission may not disclose any information provided pursuant to a discussion under ORS 31.264 to a regulatory agency or licensing board.

�� (3) The commission may use and disclose information provided pursuant to a discussion under ORS 31.264 as necessary to assist a health care facility or health care provider involved in an adverse health care incident in determining the cause of and potential mitigation of the incident. If the commission discloses information under this subsection to a person not involved in the incident, the information may not identify a health care facility, health care provider or patient involved in the incident.

�� (4) A regulatory agency, licensing board, health care facility, health insurer or credentialing entity may not ask the commission, a health care facility, a health care provider or other person whether a facility or provider has filed a notice of adverse health care incident or use the fact that a notice of adverse health care incident was filed as the basis of disciplinary, regulatory, licensure or credentialing action. This subsection does not prevent a person from using information, if the information is otherwise available, to engage in quality review of patient care or as the basis of imposing a restriction, limitation, loss or denial of privileges on a health care provider or other action against a health care provider based on a finding of medical incompetence, unprofessional conduct, physical incapacity or impairment. [2013 c.5 �10]

�� 31.280 [2013 c.5 �17; repealed by 2025 c.405 �17]

(Actions Against Design Professionals)

�� 31.300 Pleading requirements for actions against design professionals. (1) As used in this section, �design professional� means an architect, landscape architect, professional engineer or professional land surveyor registered under ORS chapter 671 or 672 or licensed to practice as an architect, landscape architect, professional engineer or professional land surveyor in another state.

�� (2) A complaint, cross-claim, counterclaim or third-party complaint asserting a claim against a design professional that arises out of the provision of services within the course and scope of the activities for which the person is registered or licensed may not be filed unless the claimant�s attorney certifies that the attorney has consulted a design professional with similar credentials who is qualified, available and willing to testify to admissible facts and opinions sufficient to create a question of fact as to the liability of the design professional. The certification must contain a statement that a design professional with similar credentials who is qualified to testify as to the standard of professional skill and care applicable to the alleged facts, is available and willing to testify that:

�� (a) The alleged conduct of the design professional failed to meet the standard of professional skill and care ordinarily provided by other design professionals with similar credentials, experience and expertise and practicing under the same or similar circumstances; and

�� (b) The alleged conduct was a cause of the claimed damages, losses or other harm.

�� (3) In lieu of providing the certification described in subsection (2) of this section, the claimant�s attorney may file with the court at the time of filing a complaint, cross-claim, counterclaim or third-party complaint an affidavit that states:

�� (a) The applicable statute of limitations is about to expire;

�� (b) The certification required under subsection (2) of this section will be filed within 30 days after filing the complaint, cross-claim, counterclaim or third-party complaint or such longer time as the court may allow for good cause shown; and

�� (c) The attorney has made such inquiry as is reasonable under the circumstances and has made a good faith attempt to consult with at least one registered or licensed design professional who is qualified to testify as to the standard of professional skill and care applicable to the alleged facts, as required by subsection (2) of this section.

�� (4) Upon motion of the design professional, the court shall enter judgment dismissing any complaint, cross-claim, counterclaim or third-party complaint against any design professional that fails to comply with the requirements of this section.

�� (5) This section applies only to a complaint, cross-claim, counterclaim or third-party complaint against a design professional by any plaintiff who:

�� (a) Is a design professional, contractor, subcontractor or other person providing labor, materials or services for the real property improvement that is the subject of the claim;

�� (b) Is the owner, lessor, lessee, renter or occupier of the real property improvement that is the subject of the claim;

�� (c) Is involved in the operation or management of the real property improvement that is the subject of the claim;

�� (d) Has contracted with or otherwise employed the design professional; or

�� (e) Is a person for whose benefit the design professional performed services. [2003 c.418 �1; 2015 c.610 �1]

(Actions Against Real Estate Licensees)

�� 31.350 Pleading requirements for actions against real estate licensees. (1) As used in this section, �real estate licensee� has the meaning given that term in ORS 696.010.

�� (2) A complaint, cross-claim, counterclaim or third-party complaint asserting a claim of professional negligence against a real estate licensee for conduct occurring within the course and scope of the professional real estate activity for which the individual is licensed may not be filed unless the claimant�s attorney certifies that the attorney has consulted a real estate licensee who is qualified, available and willing to testify to admissible facts and opinions sufficient to create a question of fact as to the liability of the real estate licensee. The certification required by this section must be filed with or be made part of the original complaint, cross-claim, counterclaim or third-party complaint. The certification must contain a statement that a real estate licensee who is qualified to testify as to the standard of care applicable to the alleged facts, is available and willing to testify that:

�� (a) The alleged conduct of the real estate licensee failed to meet the standard of professional care applicable to the real estate licensee in the circumstances alleged; and

�� (b) The alleged conduct was a cause of the claimed damages, losses or other harm.

�� (a) The applicable statute of limitations is about to expire;

�� (c) The attorney has made such inquiry as is reasonable under the circumstances and has made a good faith attempt to consult with at least one real estate licensee who is qualified to testify as to the standard of care applicable to the alleged facts, as required by subsection (2) of this section.

�� (4) Upon motion of the real estate licensee, the court shall enter judgment dismissing any complaint, cross-claim, counterclaim or third-party complaint against any real estate licensee who fails to comply with the requirements of this section.

�� (5) This section applies only to a complaint, cross-claim, counterclaim or third-party complaint against a real estate licensee by any plaintiff who:

�� (a) Has contracted with or otherwise employed the real estate licensee; or

�� (b) Is a person for whose benefit the real estate licensee performed services. [2005 c.277 �1; 2007 c.319 �25]

(Actions Arising From Injuries Caused by Dogs)

�� 31.360 Proof required for claim of economic damages in action arising from injury caused by dog. (1) For the purpose of establishing a claim for economic damages, as defined in ORS 31.705, in an action arising from an injury caused by a dog:

�� (a) The plaintiff need not prove that the owner of the dog could foresee that the dog would cause the injury; and

�� (b) The owner of the dog may not assert as a defense that the owner could not foresee that the dog would cause the injury.

�� (2) This section does not prevent the owner of a dog that caused an injury from asserting that the dog was provoked, or from asserting any other defense that may be available to the owner.

�� (3) This section does not affect the requirements for an award of punitive damages provided in ORS 31.730 (1). [2007 c.402 �1; 2021 c.478 �6]

(Actions Based on Failure to Conduct Adequate Criminal Records Check)

�� 31.370 Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police. (1) In a claim for negligence based on the defendant�s failure to conduct an adequate criminal records check of a person, there is a rebuttable presumption that the defendant was not negligent if the defendant conducted the criminal records check through the Department of State Police.

�� (2) A criminal records check conducted through the Law Enforcement Data System meets the requirements of this section. [2019 c.424 �2]

ADVANCE PAYMENTS

�� 31.550 �Advance payment� defined. As used in ORS 12.155 and 31.550 to 31.565, �advance payment� means compensation for the injury or death of a person or the injury or destruction of property prior to the determination of legal liability therefor. [Formerly

ORS 311.120

311.120.

�� 548.510 Judgment declaring assessments void; reassessment and relevy of similar assessments; time; crediting payments under void assessment. If any such levy of assessment is declared void by a court of competent jurisdiction, then all similar assessments levied in the same or other years by the drainage or irrigation district which under the decision of the court are also void, may be reassessed, relisted and relevied against the property affected, in the manner provided by law and in conformity with such judgment, within five years from the date of the rendition of the judgment of the court declaring such assessment void. In the case of a relisting or relevying of such drainage or irrigation district assessment on any property affected thereby, proper credit in the collection of the same shall be given to all owners of any such property for all payments theretofore made by them on the void assessments. [Amended by 2003 c.576 �516]

�� 548.515 Manner of relevy and reassessment; officers authorized. The relevy and reassessment of drainage and irrigation district assessments provided for by law shall be made in the same manner, and by the same officers who, at the time the new listing or levy is made, are authorized by law to list property and compute, levy and assess taxes or assessments against property in the drainage or irrigation district.

�� 548.520 Cancellation or compromise. The provisions of ORS 548.370 relating to the authority of drainage and irrigation districts to cancel or compromise any special assessment shall apply to any relevy or reassessment by a drainage or irrigation district which is provided by law.

�� 548.605 [Repealed by 1969 c.595 �17]

�� 548.610 [Repealed by 1997 c.170 �48]

�� 548.615 [Repealed by 1997 c.170 �48]

�� 548.620 [Amended by 1981 c.897 �62; 1995 c.696 �28; repealed by 1997 c.170 �48]

�� 548.625 [Repealed by 1997 c.170 �48]

�� 548.630 [Repealed by 1997 c.170 �48]

�� 548.635 [Repealed by 1997 c.170 �48]

�� 548.640 [Repealed by 1997 c.170 �48]

�� 548.645 [Repealed by 1997 c.170 �48]

�� 548.650 [Repealed by 1997 c.170 �48]

�� 548.655 [Repealed by 1997 c.170 �48]

�� 548.660 [Amended by 1981 c.897 �63; 1995 c.696 �29; repealed by 1997 c.170 �48]

�� 548.665 [Repealed by 1997 c.170 �48]

�� 548.670 [Repealed by 1997 c.170 �48]

�� 548.675 [Repealed by 1997 c.170 �48]

COMPOSITION; BANKRUPTCY; REFUNDING AGREEMENTS

�� 548.705 Irrigation or drainage district may file bankruptcy petition; confirmation of proceedings; composition of debts. At any time subsequent to default in the payment of principal or interest upon the bonded or warrant indebtedness of any irrigation or drainage district of this state, the board of directors or board of supervisors may cause a petition to be filed in the Federal District Court pursuant to the provisions of the Federal Bankruptcy Act. The consent of the state is given to any proceedings instituted or attempted before February 16, 1939, by any such district under the Federal Bankruptcy Act. The state also authorizes and confirms any proceedings by any such district to effect a plan of composition or of readjustment of its debts in accordance with the provisions and terms of that Act, and authorizes the consummation of any such proceedings.

�� 548.710 Bonds of district; use and delivery to creditors. Whenever any irrigation or drainage district files its petition in bankruptcy pursuant to the provisions of the Act of Congress approved May 24, 1934, authorizing bankruptcy proceedings by municipalities and other political subdivisions of any state, the district may, for the purpose of carrying out any plan of readjustment of its indebtedness which has been submitted and approved in the bankruptcy proceeding, use and deliver to its creditors in such bankruptcy proceeding any of its bonds authorized or issued pursuant to the provisions of ORS 548.305 to 548.325, and which bonds are not required for the purpose of carrying into effect the provisions of the contract with the governmental agency of the United States for which they primarily were authorized.

�� 548.715 Debt refunding agreements; obtaining consent of unknown or nonconsenting creditors. Whenever any irrigation or drainage district engaged in the refunding of its indebtedness has entered into a contract for such purposes with 80 percent or more of the owners or holders of its bonds, warrants or other evidences of indebtedness, such district may proceed to obtain the constructive consent of the unknown or nonconsenting owners or holders of such evidences of indebtedness to such contract, as provided by ORS 545.651 to 545.663.

�� 548.810 [Formerly 544.030; repealed by 1989 c.182 �49]

REORGANIZATION AND DISSOLUTION

�� 548.900 Definitions for ORS 548.900 to 548.955. As used in ORS 548.900 to 548.955, except as otherwise expressly provided:

�� (1) �District� means an irrigation district organized under ORS chapter 545 or a drainage district organized under ORS chapter 547.

�� (2) �District board� means the board of directors of an irrigation district, or the board of supervisors of a drainage district. [1973 c.415 �1]

�� 548.905 Petition for dissolution or reorganization; contents; effect of dissolution or reorganization on creditors. (1) A majority of the qualified electors and landowners of a district, representing at least one-half of the acres of land assessed by the district, may by petition propose a plan for the dissolution or reorganization of the district.

�� (2) The petition shall state:

�� (a) That the petition is filed under ORS 548.900 to 548.955.

�� (b) The name of the district.

�� (c) The nature, terms and conditions of the dissolution or reorganization plan.

�� (d) The estimated cost of the dissolution or reorganization.

�� (e) A description of the assets of the district.

�� (f) A description of all outstanding indebtedness, including bonds and coupons and the holders thereof, so far as known, and the provisions to be made for payment of nonassenting holders.

�� (3) No dissolution or reorganization or any term or condition thereof shall impair the rights of any creditor of a district and each creditor may enforce the rights of the creditor in the same manner and to the same extent as if the change, term or condition had not been made. [1973 c.415 �2]

�� 548.910 Manner of signing petition; form of petition; withdrawal of signature after filing of petition prohibited. (1) Each person signing a petition shall add after the signature of the person the date of signing and place of residence, giving street and number or a designation sufficient to enable the place of residence to be readily ascertained, and the number of acres of land owned by the signer. The name of the county whose assessment roll is used for the purpose of determining the right of the signer to vote shall be stated in the body of the petition or indicated opposite the signature of the signer. If the signer is a legal representative of the owner, the signature of the signer shall be accompanied by a certified copy of the authority of the signer to sign as a legal representative.

�� (2) After a petition has been offered for filing, a person may not withdraw the name of the person therefrom.

�� (3) A petition may designate not more than three persons as chief petitioners, setting forth their names and mailing addresses. A petition may consist of a single instrument or separate counterparts. [1973 c.415 �3]

�� 548.915 Determining qualified petition signatures; certificate of county clerk and district secretary. (1) A petition shall not be accepted for filing unless the signatures thereon have been secured within six months of the date on which the first signature on the petition was affixed. Petitions shall be filed with the secretary of the district board. It is not necessary to offer all counterparts of a petition for filing at the same time, but all counterparts when certified as provided by subsection (3) of this section shall be filed at the same time.

�� (2) Within 10 days after the date a petition is offered for filing, the county clerk and the district secretary shall examine the petition and determine whether it is signed by the requisite number of qualified signers. If the requisite number of qualified signers have signed the petition the district secretary shall file the petition. If the requisite number have not signed, the secretary shall so notify the chief petitioners and may return the petition to the petitioners.

�� (3) A petition shall not be filed unless the certificate of the county clerk and the district secretary is attached thereto certifying that they have compared the signatures of the signers with the appropriate records, that they have ascertained therefrom the number of qualified signers appearing on the petition, and that the petition is signed by the requisite number of qualified signers. [1973 c.415 �4]

�� 548.920 Notice of petition filing; contents; election petition; signature requirements. (1) If the petition is accepted and filed by the district secretary, the secretary shall, within 30 days thereafter, cause a notice of the filing to be published in one or more newspapers of general circulation within the district or, if there is no such newspaper, in a newspaper of general circulation in each county in which the district is located. The secretary may also cause the notice to be published by radio and television stations broadcasting in the district as provided by ORS

ORS 311.375

311.375 (4)(a) and (b).

�� (4) ORS 294.305 to 294.565 do not apply to a fund created under this section. [1989 c.796 �7; 2003 c.273 �2; 2009 c.18 �4; 2011 c.338 �2]

�� 294.205 [Amended by 1963 c.544 �13; repealed by 1971 c.267 �16]

�� 294.210 [Amended by 1963 c.544 �14; repealed by 1971 c.267 �16]

�� 294.215 [Repealed by 1971 c.267 �16]

�� 294.220 [Repealed by 1971 c.267 �16]

�� 294.225 [Repealed by 1971 c.267 �16]

�� 294.230 [Amended by 1957 c.153 �1; 1959 c.243 �1; 1963 c.504 �1; 1983 c.310 �17; 1991 c.683 �2; repealed by 1999 c.654 �37]

�� 294.235 [Amended by 1957 c.153 �2; repealed by 1999 c.654 �37]

�� 294.240 [Amended by 1957 c.153 �3; repealed by 1999 c.654 �37]

�� 294.245 [Amended by 1957 c.153 �4; repealed by 1999 c.654 �37]

PUBLICATION OF FINANCIAL REPORTS

�� 294.250 Publication by county governing body of schedule of expenditures and statement of proceedings; manner of publication; notice. (1) The county governing body of each county shall cause to be made out and published at the expense of the county not later than the last day of each month a schedule of those expenditures of the county which singly exceed $500 for the previous month. The schedule shall also include expenditures made to claimants who receive in excess of $500 for the previous month in return for a combination of articles or services which individually cost less than $500. The publication shall also include a concise statement of the proceedings of the governing body in the transaction of county business entered of record during the previous month.

�� (2) The schedule of expenditures shall state the names of all claimants, the general purpose of the article or service for which payment is claimed in each bill and the amount ordered paid. The statement of proceedings shall be a true reflection of actions taken at any public meeting of the county governing body.

�� (3) Except as otherwise provided in this subsection, the county shall not be required to publish any claim for personal services of regular county officers and employees occupying budgeted positions. Once each year the county shall publish the actual individual gross monthly salary of all regular officers and employees occupying budgeted positions. The county shall identify each budgeted position by the title of the position.

�� (4) The publications required under subsection (1) of this section shall not apply to any counties having a tax supervising and conservation commission.

�� (5) The publications required under subsection (1) of this section shall be made by posting, singly or in any combination:

�� (a) In the county courthouse.

�� (b) At public libraries in the county.

�� (c) On the Internet.

�� (6) The county shall also publish at least once each month in a newspaper of general circulation in the county, on the Internet, or both, a notice stating:

�� (a) That the information required to be published under this section is posted and available for review;

�� (b) The locations where it may be viewed; and

�� (c) That copies of all or part of the posted information may be obtained from the county upon request and upon payment of a fee not exceeding the actual costs incurred by the county in making copies of the posted information. [Amended by 1963 c.360 �1; 1979 c.651 �1; 1987 c.435 �1; 1991 c.285 �1; 2011 c.172 �1; 2013 c.217 �1]

�� 294.255 [Repealed by 1991 c.285 �2]

�� 294.260 [Repealed by 1991 c.285 �2]

LOCAL BUDGET LAW

�� 294.305 Sections constituting Local Budget Law. ORS 294.305 to 294.565 shall be known as the Local Budget Law.

�� 294.310 [Amended by 1959 c.262 �1; repealed by 1963 c.576 �44]

�� 294.311 Definitions for ORS 294.305 to 294.565. As used in ORS 294.305 to 294.565, unless the context requires otherwise:

�� (1) �Accrual basis� means the recording of the financial effects on a municipal corporation of transactions and other events and circumstances that have cash consequences for the municipal corporation in the periods in which those transactions, events and circumstances occur, rather than only in the periods in which cash is received or paid by the municipal corporation.

�� (2) �Activity� means a specific and distinguishable service performed by one or more organizational components of a municipal corporation to accomplish a function for which the municipal corporation is responsible.

�� (3) �Appropriation� means an authorization granted by the governing body to make expenditures and to incur obligations for specific purposes. An appropriation is limited to a single fiscal year for municipal corporations preparing annual budgets, or to the budget period for municipal corporations preparing biennial budgets.

�� (4) �Basis of accounting� means the cash basis, the modified accrual basis or the accrual basis.

�� (5) �Budget� means a plan of financial operation embodying an estimate of expenditures for a given period or purpose and the proposed means of financing the estimated expenditures.

�� (6) �Budget document� means the estimates of expenditures and budget resources as set forth on the estimate sheets, tax levy and the financial summary.

�� (7) �Budget period� means, for municipal corporations with the power to levy a tax upon property, the two-year period commencing on July 1 and closing on June 30 of the second calendar year next following, and for all other municipal corporations, an accounting period of 24 months ending on the last day of any month.

�� (8) �Budget resources� means resources to which recourse can be had to meet obligations and expenditures during the fiscal year or budget period covered by the budget.

�� (9) �Cash basis� means a basis of accounting under which transactions are recognized only in the period during which cash is received or disbursed.

�� (10) �Current budget period� means the budget period in progress.

�� (11) �Current year� means the fiscal year in progress.

�� (12) �Encumbrance accounting� means the method of accounting under which outstanding encumbrances are recognized as reductions of appropriations and the related commitments are carried in a reserve for encumbrances until liquidated, either by replacement with an actual liability or by cancellation. This method of accounting may be used as a modification to the accrual basis of accounting in accordance with generally accepted accounting principles.

�� (13) �Encumbrances� means obligations in the form of purchase orders, contracts or salary commitments which are chargeable to an appropriation and for which a part of the appropriation is reserved. Obligations cease to be encumbrances when paid or when the actual liability is set up.

�� (14) �Ensuing budget period� means the budget period following the current budget period.

�� (15) �Ensuing year� means the fiscal year following the current year.

�� (16) �Expenditure� means, if the accounts are kept on the accrual basis or the modified accrual basis, decreases in net financial resources and may include encumbrances. If the accounts are kept on the cash basis, the term covers only actual disbursement, the drawing of the check or warrant for these purposes and not encumbrances, except that deferred employee compensation shall be included as a personnel service expenditure where an approved deferred employee compensation plan is in effect for a municipal corporation.

�� (17) �Fiscal year� means for municipal corporations with the power to impose ad valorem property taxes, the fiscal year commencing on July 1 and closing on June 30, and for all other municipal corporations, an accounting period of 12 months ending on the last day of any month.

�� (18) �Fund balance� means the excess of the assets of a fund over its liabilities and reserves except in the case of funds subject to budgetary accounting where, prior to the end of a fiscal period, it represents the excess of the fund�s assets and estimated revenues for the period over its liabilities, reserves and appropriations for the period.

�� (19) �General county resources� means resources from property taxes, state and federal shared revenue, beginning balances available for expenditure and interest not required to be allocated to specific programs or activities.

�� (20) �Governing body� means the city council, board of commissioners, board of directors, county court or other managing board of a municipal corporation including a board managing a municipally owned public utility or a dock commission.

�� (21) �Grant� means a donation or contribution of cash to a governmental unit by a third party.

�� (22) �Intergovernmental entity� means an entity created under ORS 190.010 (5). The term includes any council of governments created prior to the enactment of ORS 190.010 (5).

�� (23) �Internal service fund� means a fund properly authorized to finance, on a cost reimbursement basis, goods or services provided by one organizational unit of a municipal corporation to other organizational units of the municipal corporation.

�� (24) �Liabilities� means probable future sacrifices of economic benefits, arising from present obligations of a municipal corporation to transfer assets or provide services to other entities in the future as a result of past transactions or events. The term does not include encumbrances.

�� (25)(a) �Modified accrual basis� means the accrual basis of accounting adapted to the governmental fund-type measurement focus. Under this basis of accounting, revenues and other financial resource increments, such as bond proceeds, are recognized when they become susceptible to accrual, that is, when they become both measurable and available to finance expenditures in the current period.

�� (b) As used in this subsection, �available� means collectible in the current period or soon enough thereafter to be used to pay liabilities of the current period. Under this basis of accounting, expenditures are recognized when the fund liability is incurred except for:

�� (A) Inventories of material and supplies that may be considered expenditures either when purchased or when used; and

�� (B) Prepaid insurance and similar items that may be considered expenditures either when paid for or when consumed.

�� (26) �Municipal corporation� means any county, city, port, school district, union high school district, community college district and all other public or quasi-public corporations including a municipal utility or dock commission operated by a separate board or commission. �Municipal corporation� includes an intergovernmental entity or council of governments that proposes to impose or imposes ad valorem property taxes.

�� (27) �Net working capital� means the sum of the cash, cash equivalents, investments, accounts receivable expected to be converted to cash during the ensuing year or ensuing budget period, inventories, supplies and prepaid expenses less current liabilities and, if encumbrance accounting is adopted, reserve for encumbrances. The term is not applicable to the cash basis of accounting.

�� (28) �Object� means, as used in expenditure classification, articles purchased including, but not limited to, land, buildings, equipment and vehicles, or services obtained including, but not limited to, administrative services, clerical services, professional services, property services and travel, as distinguished from the results obtained from expenditures.

�� (29) �Object classification� means a grouping of expenditures on the basis of goods or services purchased, including, but not limited to, personnel services, materials, supplies and equipment.

�� (30) �Operating taxes� has the meaning given that term in ORS 310.055.

�� (31) �Organizational unit� means any administrative subdivision of a municipal corporation, especially one charged with carrying on one or more functions or activities.

�� (32) �Population� means the number of inhabitants of a municipal corporation according to certified estimates of population made by Portland State University.

�� (33) �Program� means a group of related activities aimed at accomplishing a major service or function for which the municipality is responsible.

�� (34) �Public utility� means those public utility operations authorized by ORS chapter 225.

�� (35) �Publish� or �publication� means any one or more of the following methods of giving notice or making information or documents available to members of the general public:

�� (a) Publication in one or more newspapers of general circulation within the jurisdictional boundaries of the municipal corporation.

�� (b) Posting through the United States Postal Service by first class mail, postage prepaid, to each street address within the jurisdictional boundaries of the municipal corporation and to each post office box and rural route number belonging to a resident within the jurisdictional boundaries of the municipal corporation.

�� (c) Hand delivery to each street address within the jurisdictional boundaries of the municipal corporation.

�� (d) In the case of publishing notice for an election involving a local option tax measure or a general obligation bond measure, filing with the Secretary of State for publication on the electronic filing system adopted under ORS 260.057.

�� (36) �Receipts� means cash received unless otherwise qualified.

�� (37) �Reserve for encumbrances� means a reserve representing the segregation of a portion of a fund balance to provide for unliquidated encumbrances.

�� (38) �Revenue� means the gross receipts and receivables of a governmental unit derived from taxes, licenses, fees and from all other sources, but excluding appropriations, allotments and return of principal from investment of surplus funds.

�� (39) �Special revenue fund� means a fund properly authorized and used to finance particular activities from the receipts of specific taxes or other revenues. [1963 c.576 �3; 1971 c.513 �55; 1975 c.319 �2; 1977 c.102 �4; 1977 c.305 �1; 1979 c.686 �1; 1997 c.308 �3; 1997 c.541 �322; 1999 c.632 �1; 2001 c.104 �102; 2001 c.135 �3; 2003 c.235 �1; 2009 c.477 �4; 2011 c.473 �27; 2013 c.768 �106h; 2017 c.552 �1]

�� 294.315 [Repealed by 1963 c.576 �44]

�� 294.316 Exclusions from scope. The provisions of ORS 294.305 to 294.565 do not apply to the following municipal corporations and entities:

�� (1) Drainage districts organized under ORS chapter 547;

�� (2) District improvement companies organized under ORS chapter 554;

�� (3) Highway lighting districts organized under ORS chapter 372;

�� (4) Irrigation districts organized under ORS chapter 545;

�� (5) Road districts organized under ORS chapter 371;

�� (6) Soil and water conservation districts organized under ORS chapter 568 that will not levy an ad valorem tax during the ensuing year or ensuing budget period;

�� (7) Municipal public utilities operating under separate boards or commissions, authorized under ORS chapter 225 and city charters, and people�s utility districts organized under ORS chapter 261, both operating without ad valorem tax support during the ensuing year or ensuing budget period;

�� (8) Housing authorities created under ORS 456.055 to 456.235 that are not carrying out urban renewal activities using a division of ad valorem taxes under ORS 457.440 during the ensuing year or ensuing budget period;

�� (9) Water control districts organized under ORS chapter 553 that will not levy an ad valorem tax during the ensuing year or ensuing budget period;

�� (10) Hospital financing authorities organized under ORS 441.525 to 441.595;

�� (11) Export trading corporations organized under ORS 777.755 to 777.800;

�� (12) Diking districts organized under ORS chapter 551;

�� (13) Health districts organized under ORS 440.315 to 440.410;

�� (14) Intergovernmental entities created under ORS 190.010, including councils of governments described in ORS 294.900 to 294.930, except that an intergovernmental entity or a council of governments that proposes to impose ad valorem property taxes for the ensuing year or budget period is subject to ORS

ORS 311.717

311.717]

�� 311.804 Cancellation of assessment or taxes on cancellation of certificate or contract by Department of State Lands. (1) If taxes are levied or assessed upon lands that are a portion of the assets of the Common School Fund while held under certificate or contract of sale and the certificate or contract is canceled by the Department of State Lands, such taxes or assessments shall become void upon receipt of written notice from the Director of the Department of State Lands of cancellation of the certificate or contract of sale. Officials having charge of the records of taxes and assessments on lands included in certificates or contracts of sale so canceled shall note on their records the word �invalidated,� and the date of cancellation.

�� (2) This section does not apply to irrigation or drainage districts� tax liens if the irrigation or drainage districts were organized prior to the inception of the department�s lien. [Formerly 311.720]

�� 311.805 [Repealed by 1959 c.554 �1 (311.806 enacted in lieu of 311.805)]

REFUNDS

�� 311.806 Refund of taxes on real and personal property; credit against total tax liability account of person owed refund. (1) Subject to subsections (2) and (3) of this section, the county governing body shall refund, out of the refund reserve account provided in ORS 311.807, or the unsegregated tax collections account provided in ORS 311.385, taxes on property collected by an assessor or tax collector pursuant to a levy of the assessor or of any taxing district or tax levying body or pursuant to ORS

ORS 311.805

311.805); 1961 c.533 �50; 1971 c.737 �3; 1973 c.347 �1; 1975 c.395 �3; 1979 c.702 �1; 1985 c.162 �10; 1991 c.459 �260; 1993 c.6 �3; 1993 c.270 �60; 1995 c.650 �71; 1997 c.541 ��295,296; 2003 c.38 �1; 2005 c.394 �1; 2007 c.364 �1; 2015 c.31 �1; 2015 c.444 �8; 2017 c.27 �1; 2021 c.356 �2; 2023 c.29 �36]

�� 311.807 Refund reserve account; deposits; payment of refunds; rules. (1) The county treasurer may maintain an account designated as the refund reserve account. The refund reserve account shall consist of the funds deposited by the treasurer under subsection (2) of this section, plus interest earned thereon.

�� (2)(a) Each year, the treasurer may deposit in the refund reserve account, from the unsegregated tax collections account, an amount equal to 100 percent of the anticipated annual refunds for the county.

�� (b) Any deposit into the refund reserve account from taxes collected in November shall not exceed two-thirds of the total anticipated annual refunds for the county.

�� (3) The moneys in the refund reserve account shall first be used to pay refunds determined to be due under ORS 311.806.

�� (4) If the moneys in the refund reserve account are insufficient to pay refunds at any time, refunds shall be made out of the unsegregated tax collections account. If funds are not available in either the refund reserve account or the unsegregated tax collections account, the county governing body may delay payment of the refunds until sufficient funds are available.

�� (5) If, at the end of the fiscal year, the balance in the refund reserve account exceeds the amount necessary to pay estimated refunds, the treasurer shall distribute the excess to the unsegregated tax collections account.

�� (6) The Department of Revenue shall provide by rule the method to be used to calculate anticipated annual refunds for the county. [1991 c.459 �266; 1993 c.650 �3; 2005 c.94 �65; 2017 c.315 �18]

�� 311.808 When refund on real property, manufactured structure or floating home prohibited. A refund of property taxes under ORS 311.806 (1)(h) may not be made on real property, a manufactured structure or a floating home if all of the following conditions are present:

�� (1) A mortgagee has requested the tax statement for the property under ORS 311.252 and has paid the tax on the property.

�� (2) The tax roll shows payment of the taxes, and thereafter the property is sold to a bona fide purchaser. [1975 c.395 �2; 1989 c.297 �2; 1993 c.270 �71; 2003 c.38 �2; 2015 c.31 �5]

�� 311.810 [Repealed by 1965 c.344 �42]

�� 311.812 No interest on refunds under ORS 311.806; exceptions; rate. (1) Except as provided in subsection (2) of this section, interest may not be paid upon any tax refunds made under ORS 311.806.

�� (2) Interest as provided in subsection (3) of this section shall be paid on the following refunds:

�� (a) A refund resulting from the correction under ORS 308.242 (2) or (3) or 311.205 of an error made by the assessor, Department of Revenue or tax collector.

�� (b) A refund resulting from a written stipulation of the county assessor or the county tax collector if the written stipulation constitutes a final determination that is not subject to appeal.

�� (c) Any refund ordered by the Department of Revenue if no appeal is taken or can be taken from the department�s order.

�� (d) Refunds ordered by the Oregon Tax Court or the Supreme Court if the order constitutes a final determination of the matter.

�� (e) Refunds of taxes collected against real or personal property not within the jurisdiction of the tax levying body.

�� (f) Refunds due to reductions in value ordered by a county property value appeals board where no appeal is taken.

�� (g) Refunds due to reductions in value made pursuant to ORS 309.115.

�� (h) Refunds due to a claim for a veteran�s exemption for a prior tax year that is filed pursuant to ORS 307.262.

�� (3)(a) The interest provided by subsection (2) of this section shall be paid at the rate of one percent per month, or fraction of a month, computed from the time the tax was paid or from the time the first installment thereof was due, whichever is the later. If a discount is given at the time the taxes are paid, interest shall be computed only on the net amount of taxes to be refunded. If any portion of a refund described in subsection (2) of this section results from an assessment based on inaccurate information contained in a report filed by a taxpayer, interest shall be computed on only the portion of the refund that is not attributable to the inaccurate information contained in the taxpayer report.

�� (b) As used in this subsection, �report� means a return, statement or any other information provided by a taxpayer in writing to the department or county assessor. [1971 c.737 �2; 1975 c.704 �4; 1977 c.606 �3; 1981 c.804 �89a; 1983 s.s. c.5 �22; 1993 c.270 �61; 1995 c.79 �151; 1995 c.226 �13; 1997 c.541 �298; 1999 c.862 �5; 2001 c.199 �4; 2005 c.394 �2; 2007 c.545 �1; 2007 c.590 �3; 2009 c.41 �5; 2023 c.29 �37]

�� 311.813 Refunds ordered by certain courts. If a refund of ad valorem property tax is ordered by a court of competent jurisdiction other than a court mentioned in ORS 311.806 (1)(a), the refund and any interest ordered to be paid thereon shall be refunded out of the unsegregated tax collections account established under ORS 311.385. [1987 c.301 �2]

�� 311.814 Appeal of large amounts of value; reserve account for refunds. (1) Whenever any property value or claim for exemption or cancellation of a property tax assessment is appealed to the Oregon Tax Court after taxes on the property have been imposed, the Department of Revenue shall notify the county treasurer of the appeal not later than the following October 15, if the appeal is not finally resolved before the end of the tax year to which the appeal relates and the dollar difference between the total value asserted by the taxpayer and the total value asserted by the opposing party exceeds one-fourth of one percent (0.0025) of the total assessed value in the county, or if the appeal relates to property assessed under ORS 308.505 to 308.674, and the value of such property asserted by the opposing party and attributable to the county exceeds one-fourth of one percent (0.0025) of the total assessed value in the county. After notification, the county treasurer shall set aside, if so ordered by the county governing body, from taxes collected in the current tax year, an interest bearing reserve account as provided in this section.

�� (2) The reserve shall consist of an amount representing that portion of taxes paid by the petitioner attributable to the amount of value in dispute for each tax year that the appeal remains unresolved. Upon termination of the controversy, the principal amount in the account necessary to pay any refund, and any interest provided for under ORS 311.812, shall be paid to the petitioner. Any excess remaining in the reserve after termination of the controversy and payment of a refund, if any, shall be deposited in the unsegregated tax collections account in full satisfaction of the tax due on the property.

�� (3) If the final resolution of the controversy results in additional taxes due on the property, the amount in the reserve account shall be deposited into the unsegregated tax collections account and shall be distributed according to the distribution percentage schedule for the current tax year prepared in accordance with ORS 311.390. The additional taxes shall be collected as provided in ORS 311.513. [1991 c.459 �265; 1993 c.270 �63; 1995 c.256 �8; 1995 c.650 �72; 1997 c.541 ��299,300; 2003 c.274 �4; 2007 c.126 �1]

�� 311.815 Abandonment of purpose for which special tax levied; refund or cancellation of tax. If a special tax to raise funds for a specified purpose is levied in a school district, road district, irrigation district or drainage district and the project or specific purpose for which the tax is levied is thereafter definitely abandoned, either wholly or in part, or the fund raised by the tax or any portion thereof remains unexpended for a period of two years, after the levy of the tax, the county court at the written request of the directors of the district may, by resolution, provide for the refunding of the tax or portion of tax so remaining unexpended to the taxpayers who paid the tax and for the cancellation of the unpaid tax or proportion of the tax that has become delinquent. The county court shall take such action by resolution spread upon its journal. Repayment shall be made by orders drawn on the county treasurer and issued to the taxpayers shown by the tax records to have originally made the payments. Cancellation of unpaid taxes shall be effected by noting the cancellation of the taxes on the tax records of the county. [Amended by 2011 c.204 �10]

�� 311.820 [1955 c.759 ��1,2,3,4; repealed by 1965 c.344 �39 (311.821 enacted in lieu of 311.820 and 311.825)]

�� 311.821 Refunds authorized in event of certain boundary changes of taxing districts; reimbursements. (1) Whenever in any year the boundaries of a taxing district have been reduced by proceedings occurring after the date provided in ORS 308.225, and whenever such changes in boundaries were not disregarded by the county assessor as required by ORS 308.225, and as a result thereof taxes have been levied and collected upon the reduced territory of such district, which taxes were not levied and extended upon the territory detached from such district, the county governing body shall refund out of the unsegregated tax collections account to the taxpayers of the territory upon which the levy was imposed and the taxes collected, the proportionate amount of money in excess of the amount that would have been collected from the territory comprising the entire district had the levy been uniform throughout the district. A written claim for refund of such collection shall be filed with the county governing body within six years from the assessment date for the fiscal year for which the taxes were collected.

�� (2) Whenever in any year the boundaries of a taxing district have been reduced by boundary changes pursuant to law after the date provided in ORS 308.225, and such changes in boundaries have been disregarded by the county assessor as required by ORS 308.225, and as a result thereof taxes were levied upon property within such withdrawn area by such district and also for the same tax year by another taxing district providing the same service or services, subjecting such property to double taxation for any tax year, the county governing body shall refund out of the unsegregated tax collections account to the taxpayers of the territory upon which the levy was imposed and the tax was collected the proportionate amount of money in excess of the amount that would have been paid by such taxpayers had the withdrawal been recognized by the assessor as effective for the tax year involved; provided, all such property shall remain liable for indebtedness incurred prior to the boundary change as otherwise required by law. A written claim for refund of such tax collection shall be filed with the county governing body within two years from the assessment date for the fiscal year for which the taxes were collected.

�� (3) If the claim is in proper form, the county governing body shall take action by resolution spread upon its journal, and repayments shall be made by orders drawn on the county treasurer for the several amounts and issued to the several taxpayers shown by the tax records to have made the payments originally.

�� (4) Immediately upon such reimbursement the tax collector shall make the necessary correcting entries in the records of the office of the tax collector. [1965 c.344 �40 (enacted in lieu of 311.820 and 311.825); 1979 c.702 �3; 1985 c.162 �11]

�� 311.825 [1957 c.335 ��1,2,3; 1961 c.522 �7; repealed by 1965 c.344 �39 (311.821 enacted in lieu of 311.820 and 311.825)]

�� 311.827 [1969 c.605 �57; repealed by 1971 c.529 �37]

�� 311.830 [1957 c.600 �2; repealed by 1965 c.344 �42]

�� 311.835 [1957 c.600 ��3,4; repealed by 1965 c.344 �42]

�� 311.840 [1957 c.600 ��5,6,7; repealed by 1965 c.344 �42]

�� 311.845 [1957 c.600 �8; repealed by 1965 c.344 �42]

PREPAYMENT OF TAXES FOR FACILITIES

�� 311.850 Findings. The Legislative Assembly finds that the construction of a facility may have substantial economic impact upon units of local government obligated to furnish services, buildings or other resources in the area in which the facility is being constructed. The Legislative Assembly further finds that this impact may occur in advance of the time when sufficient real market value occasioned by construction of the facility is added to the assessment and tax roll to bear the facility�s portion of the costs of the governmental services, buildings or other resources that the facility�s construction necessitates. The purposes of ORS 311.850 to 311.870 is to provide a method for prepaying ad valorem property taxes during the period of planning and construction of the facility, in order that units of local government may provide the services, buildings or other resources necessitated without imposing an undue burden upon other properties subject to taxation within the unit, and to provide for repayment of the amounts prepaid. [1975 c.563 �1; 1991 c.459 �261; 2005 c.94 �66]

�� 311.855 Definitions for ORS 311.850 to 311.870. As used in ORS 311.850 to 311.870, unless the context requires otherwise, �facility� means:

�� (1) A thermal power plant, as defined in ORS 469.300.

�� (2) A hydroelectric power project, as described in ORS 543.010.

�� (3) Any building or improvement that is suitable for use for industrial, commercial, manufacturing or warehousing purposes. [1975 c.563 �2]

�� 311.860 Agreement for prepayment; contents; filing; certificate of payment. (1) Any person proposing to construct a facility who has applied for and obtained the necessary preliminary construction permits or certificates and the governing body of any taxing unit obligated to furnish services, buildings or other resources in the area in which the construction is to take place may enter into an agreement to carry out the purposes of ORS 311.850. An agreement entered into under this section shall contain provisions pertaining to and in accordance with the following:

�� (a) The payment of moneys to the taxing unit by the person proposing to construct the facility. The person shall make the payment prior to or during the period of the construction.

�� (b) The amounts of the payments to be made by the person proposing to construct the facility and the dates for making the payments.

�� (c) A reduction in real market value for the facility for purposes of computing the rate of levy of the taxing unit entering into the agreement for each year of a period of years, not to exceed 10, commencing on or in the course of completion of the construction of the facility. The amount of reduction allowed by the agreement shall be a percentage amount, not to exceed 50 percent, of the real market value of the facility as of any assessment date affected by the reduction, and may be fixed or graduated over the period of years for which the reduction is allowed. The total reduction allowed by the agreement shall result in a tax benefit for the facility that is estimated to be equivalent to the total amount of payments made under the agreement to the taxing unit, plus interest at the maximum rate of eight percent per annum from the date of each payment. In no event, however, shall the total reduction in real market value during the period of years of reduction cause a total reduction in taxes that exceeds the total amount of moneys previously paid plus interest.

�� (2) A copy of an agreement entered into under this section shall be filed with the county assessor of each county in which a taxing unit that is a party to the agreement is located.

�� (3) Prior to April 1 preceding the first tax year for which the exemption granted by ORS

ORS 314.011

314.011.

�� (k)(A) �Project� means the financing or refinancing of the costs, including, without limitation, acquisition, construction, enlargement, remodeling, renovation, improvement, furnishing and equipping, of the following:

�� (i) In the case of a participating institution that is an institution for higher education, an institution for prekindergarten through grade 12 education or a school for persons with disabilities, a structure, within this state or outside this state, that is suitable for use as a dormitory or other multiunit housing facility for students, faculty, officers or employees, or a dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, maintenance, storage or utility facility and other structures or facilities, within this state or outside this state, that are related to any of the structures required or used for the instruction of students, the conducting of research or the operation of an institution for higher education, an institution for prekindergarten through grade 12 education or a school for persons with disabilities. A project defined in this sub-subparagraph includes landscaping, site preparation, furniture, equipment and machinery and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended and also includes any furnishings, equipment, machinery and other similar items necessary or convenient for the operation of an institution of higher education, an institution for prekindergarten through grade 12 education or a school for persons with disabilities, whether or not the items are related to a particular facility or structure financed under this chapter.

�� (ii) In the case of a participating institution that is a housing institution, a structure, within this state or outside this state, that is suitable for use as housing, including residences or multiunit housing facilities, administration buildings, maintenance, storage or utility facilities and other structures or facilities, within this state or outside this state, that are related to any of the structures required or used for the operation of the housing, including parking and other facilities or structures essential or convenient for the orderly provision of the housing. A project defined in this sub-subparagraph includes landscaping, site preparation, furniture, equipment and machinery and other similar items necessary or convenient for the particular housing facility or structure in the manner for which its use is intended and also includes any furnishings, equipment, machinery and other similar items necessary or convenient for the provision of housing, whether or not the items are related to a particular facility or structure financed under this chapter.

�� (iii) In the case of a participating institution that is a cultural institution, a structure, within this state or outside this state, that is suitable for the institution�s purposes, whether or not to be used to provide educational services, or research resources, including use as or in connection with an administrative facility, aquarium, assembly hall, auditorium, botanical garden, exhibition hall, gallery, greenhouse, library, museum, scientific laboratory, theater or zoological facility. A project defined in this sub-subparagraph includes supporting facilities, landscaping, site preparation, furniture, equipment, machinery and other similar items necessary or convenient for the operation of a cultural institution, whether or not the items are related to a particular facility or structure financed under this chapter, including books, works of art or other items for display or exhibition.

�� (iv) In the case of a participating institution that is a health care institution, a structure, within this state or outside this state, that is suitable for the institution�s purposes, including hospital facilities, inpatient and outpatient clinics, doctors� offices, administration buildings, parking, maintenance, storage or utility facilities, nursing care or assisted living facilities, elderly care and housing facilities, including retirement communities, and other structures or facilities, within this state or outside this state, that are related to any of the structures required or used for the operation of the health care institution, including other facilities or structures essential or convenient for the orderly provision of the health care. A project defined in this sub-subparagraph includes landscaping, site preparation, furniture, equipment and machinery and other similar items necessary or convenient for the particular health care facility or structure in the manner for which its use is intended and also includes any working capital, furnishings, equipment, machinery and other similar items necessary or convenient for the provision of health care, whether or not the items are related to a particular facility or structure financed under this chapter.

�� (v) In the case of a participating institution that is a nonprofit not otherwise specified in this paragraph, a structure, within this state or outside this state, that is suitable for the institution�s purposes, including facilities or structures essential or convenient for the orderly operations of the nonprofit. A project defined in this sub-subparagraph includes acquisition of interests in land, landscaping, site preparation, furniture, equipment and machinery and other similar items necessary or convenient for the nonprofit, whether or not the items are related to a particular facility or structure financed under this chapter, including borrowings needed to alleviate interim cash flow deficits of the nonprofit.

�� (vi) In the case of a participating institution, costs to manage, operate or fund a qualified program or costs to alleviate interim cash flow deficits of the institution.

�� (B) �Project� also includes any combination of one or more of the projects undertaken jointly by one or more participating institutions with each other or with other parties.

�� (C) �Project� does not include the financing or refinancing of the costs of a facility used or to be used for sectarian instruction or as a place of religious worship or any facility which is used or to be used primarily in connection with any part of the program of a school or department of divinity for any religious denomination.

�� (L) �Qualified program� means a financing program, or other activities, of a participating institution that is eligible for financing through the issuance of revenue bonds the interest on which is:

�� (A) Excluded from gross income for federal income tax purposes; or

�� (B) Eligible for a federal tax credit or subsidy under the Internal Revenue Code.

�� (m) �School for persons with disabilities� means a public or nonprofit primary, secondary or post-secondary school within this state or outside this state that serves students at least 70 percent of whom are persons with disabilities as determined by one or more appropriate education, rehabilitation, medical or mental health authorities, is accredited by a recognized accrediting body and is determined by the authority to be a major resource of benefit to persons with disabilities. �School for persons with disabilities� does not mean any school or any institution primarily engaged in religious or sectarian activities.

�� (2) As used in subsection (1) of this section in relation to an institution, �within this state� means that the institution:

�� (a) Maintains its headquarters, principal office or primary place of business in the State of Oregon;

�� (b) Owns or operates one or more facilities in the State of Oregon at which it conducts operations in furtherance of its institutional mission; or

�� (c) Is owned or controlled by, or affiliated under common ownership with, an institution described in paragraph (a) or (b) of this subsection.

�� (3) As used in subsection (1) of this section in relation to a project, �within this state� means that:

�� (a) A structure to be financed will be located in the State of Oregon; or

�� (b) A structure to be financed will be financed for the primary benefit of an institution within this state. [1989 c.820 �2; 1991 c.408 �1; 2001 c.270 �1; 2007 c.70 �74; 2007 c.783 �113; 2007 c.785 �1; 2010 c.3 �1; 2011 c.301 �2; 2015 c.548 �1; 2023 c.547 �3]

�� Note: Section 1a, chapter 548, Oregon Laws 2015, provides:

�� Sec. 1a. The removal of the words �or structures� from the phrase �structure or structures� by the amendments to ORS

ORS 315.132

315.132. [2022 c.34 �2]

�� 315.125 [Enacted as 1953 c.197 �2; repealed by 1965 c.26 �6]

�� 315.126 Certification of eligibility from State Forestry Department; notice of operation; irrevocable deed restriction; department to maintain records. (1) In order to obtain certification of eligibility from the State Forestry Department for a tax credit allowed under ORS 315.124, a small forestland owner must:

�� (a) File, as provided in ORS 527.670, a notification of operation with the State Forester for an operating area that includes the forest conservation area for which the small forestland owner seeks a credit under ORS 315.124;

�� (b) Indicate in the notification of operation that the small forestland owner intends to use the standard practice harvest restrictions in lieu of the small forest owner minimum option;

�� (c) Submit to the department an application for certification under this section; and

�� (d) Provide documentation of stumpage values and costs of appraisal to the department after filing the notification of operation and within three months after the timber harvest has been completed.

�� (2) The State Forestry Department shall timely provide written certification to taxpayers that are eligible to claim the credit under ORS 315.124.

�� (3) A small forestland owner that receives certification under this section must:

�� (a) Sign and record in the deed records for the county where the eligible forest conservation area is located an irrevocable deed restriction prohibiting the owner and the owner�s successors in interest from conducting a harvest or otherwise removing trees within the forest conservation area for which a credit has been claimed. The deed restriction shall allow for incidental tree removal and for tree removal for public safety purposes. The deed restriction shall specify the amount of the credit and the expiration date of the harvest restriction on the forest conservation area. The State Forestry Department shall provide the small forestland owner with appropriate documentation for this purpose.

�� (b) Maintain the written documentation of the amount certified for tax credit under this section, and the amount of credit claimed, in its records as long as any tax return remains open for years in which the credit has been claimed, and provide the written documentation to the Department of Revenue upon request.

�� (c) Provide documentation of all costs claimed as part of the credit, including costs of appraisal and costs to file and record the deed restriction required under this section.

�� (d) Notify any immediate successor owner of the forest conservation area of the terms of the credit and the potential obligation of successor owners to repay the amount of credit allowed upon violation of the applicable harvest restrictions as described in ORS 315.130.

�� (4) The State Forestry Department shall:

�� (a) Maintain in the department reporting and notice system operated under ORS 527.786 to

ORS 321.682

321.682 to:

�� (a) The Commissioner of Internal Revenue or authorized representative, for tax purposes only.

�� (b) The United States Forest Service, Bureau of Land Management and the State Forestry Department pursuant to their regulatory programs and for investigative purposes related to timber theft.

�� (c) The Attorney General, assistants and employees in the Department of Justice or other legal representative of the State of Oregon, to the extent the department considers disclosure or access necessary for the performance of the duties of advising or representing the department pursuant to ORS 321.045 and 321.741.

�� (d) Employees of the State of Oregon, other than the Department of Revenue or Department of Justice, to the extent the department considers disclosure or access necessary for such employees to perform their duties under contracts or agreements between the department and any other department, agency or subdivision of the State of Oregon in the department�s administration of the tax laws.

�� (e) The Legislative Revenue Officer or the authorized representative of the Legislative Revenue Officer upon compliance with ORS 173.850. The officer or representative may not remove from the premises of the department any materials that would reveal the identity of any taxpayer or any other person or the volume of harvest and value reported on individual returns and reports.

�� (f) Any agency of the State of Oregon, or any person, or any officer or employee of the agency or person to whom disclosure or access is given by state law and not otherwise referred to in this section, including but not limited to the Secretary of State as Auditor of Public Accounts under section 2, Article VI of the Constitution of the State of Oregon.

�� (3) Each officer or employee of the department and each person described or referred to in subsection (2)(b) to (f) of this section to whom disclosure or access to the tax information is given under subsection (2) of this section or any other provision of state law, prior to beginning employment or the performance of duties involving such disclosure or access, shall be advised in writing of the provisions of ORS 321.682 and 321.686 relating to penalties for the violation of ORS 321.682, and shall, as a condition of employment or performance of duties, execute a certificate for the department, in a form prescribed by the department, stating in substance that the person has read these provisions of law, that the person has had them explained and that the person is aware of the penalties for the violation of ORS 321.682. [1989 c.1083 �19; 1991 c.949 �24; 1993 c.653 �22; 1995 c.225 �1; 1999 c.1078 �81; 2001 c.860 �27; 2003 c.423 �8; 2003 c.454 �61; 2003 c.621 �46; 2005 c.94 �105]

�� 321.686 Penalty for violation of ORS 321.682. Violation of ORS 321.682 is subject to a fine not exceeding $5,000 or, if committed by an officer or employee of the state, dismissal or removal from office or employment, or both fine and dismissal or removal from office or employment. [1989 c.1083 �20; 2005 c.94 �106]

SMALL TRACT FORESTLAND PROGRAM

�� 321.700 Definitions for ORS 321.700 to 321.754. As used in ORS 321.700 to 321.754:

�� (1) �Common ownership� means direct ownership by one or more individuals or ownership by a corporation, partnership, association or other entity in which an individual owns a majority interest.

�� (2) �Contiguous� means having a common boundary that is greater than a single point.

�� (3) �Contiguous parcels�:

�� (a) Includes parcels separated by public or county roads, state highways, nonnavigable streams or nonnavigable rivers.

�� (b) Does not include parcels that are separated by an interstate highway, a navigable stream or a navigable river, unless there is an underpass, a bridge or another direct access between the separated parcels.

�� (4) �Department� means the Department of Revenue.

�� (5) �Eastern Oregon� means that portion of the State of Oregon lying east of a line beginning at the intersection of the northern boundary of the state and the western boundary of Wasco County, thence southerly along the western boundaries of the counties of Wasco, Jefferson, Deschutes and Klamath to the southern boundary of the state.

�� (6) �Forestland� means land that meets the definition of forestland under ORS 321.257 if the land is located in western Oregon or land that meets the definition of forestland in ORS 321.805 if located in eastern Oregon.

�� (7) �Harvest� means the point at which timber that has been cut, severed or removed for purposes of sale or use is first measured in the ordinary course of business as determined by reference to common practice in the timber industry.

�� (8) �Land class� means a forestland land class described in ORS 321.210 or eastern Oregon forestland.

�� (9) �Owner of timber� has the meaning given that term in ORS 321.005.

�� (10) �Parcel� means a quantity of land that is capable of being described in a single description by a closed traverse, as one or more subsections or sections of a township, as one or more lots, blocks or tracts in a subdivision or as one or more tax lots.

�� (11) �Small tract forestland� means forestland subject to assessment under ORS 321.700 to 321.754 and from which the harvesting of timber is subject to severance taxation under ORS 321.700 to 321.754.

�� (12) �Taxpayer� means the owner of timber at time of harvest.

�� (13) �Timber� includes logs that are capable of being measured in board feet and that meet or exceed minimum sawmill grade and other forest products determined by the Department of Revenue by rule.

�� (14) �Unit of proper measurement� means any unit of measurement commonly used in the timber industry for measuring timber and harvested timber products.

�� (15) �Western Oregon� means that portion of the State of Oregon lying west of a line beginning at the intersection of the northern boundary of the state and the western boundary of Wasco County, thence southerly along the western boundaries of the counties of Wasco, Jefferson, Deschutes and Klamath to the southern boundary of the state. [2003 c.454 �1]

�� 321.703 Legislative findings and declarations. (1) The Legislative Assembly finds that:

�� (a) Oregon forests are dynamic ecosystems that make vital contributions to all Oregonians. Environmental benefits of forests include habitats for diverse life forms, clean and oxygenated air, clean, filtered and recycled water and stabilized productive soil. Economic benefits of forests include renewable raw material for paper and wood products used by everyone in daily living. Social benefits of forests include scenic landscapes and vistas, open space, solitude and outdoor recreation.

�� (b) Healthy productive forests provide a sustainable flow of goods, services, values and products.

�� (c) Private family and nonindustrial forestlands are important parts of the forest resource base of this state. Private family and nonindustrial forestlands make major contributions to the economy of this state and provide many other social and environmental benefits.

�� (d) Because of the wide array of management goals and objectives that apply to private family and nonindustrial forestlands, these forestlands provide a great range of valuable forest diversity across the landscape of this state.

�� (e) Many lower gradient streams, which are key components of numerous watersheds and are extremely important for some aquatic species, flow through private family and nonindustrial forestlands.

�� (f) The interests of this state, its residents and its future residents are best served by sustainable forest practices and taxing policies that encourage maintaining and establishing diverse forest resources for watersheds, commerce, recreation and stabilized employment levels. These practices and policies prevent shifts in population and encourage the processing of forest products within Oregon.

�� (g) Timber on private land that is managed on a sustainable basis should be treated as a crop and not taxed as real property.

�� (h) A tax imposed at the time of harvest coincides with the cash flow of small timber operations and recognizes the hazards and uncertainties involved in growing a long-term timber crop on a sustainable basis.

�� (2) The Legislative Assembly declares the purposes of the small tract forestland tax option program established under ORS 321.700 to 321.754 are to:

�� (a) Impose property taxes on forestland values that are annually determined and adjusted as described in ORS 321.201 to 321.222 and then specially assessed; and

�� (b) Impose a severance tax on the harvesting of timber from small tract forestland in order to:

�� (A) Recognize the long-term nature of the forest crop and foster the public policy of this state to encourage the growing and harvesting of timber;

�� (B) Protect the public welfare by ensuring that the people of this state and future generations will have the benefits to be derived from the continuous production of forest products from privately held small tract forestland;

�� (C) Promote the public policy of this state to encourage forestry and the restocking of forestlands in order to provide present and future benefits, including but not limited to water supply enhancement, erosion prevention, wildlife habitat, scenic and recreational opportunities and needed forest products;

�� (D) Produce revenues for local taxing districts;

�� (E) Match the incidence of taxation with the realization of the economic benefits of harvest; and

�� (F) Encourage the establishment of new forests on denuded, nonstocked or underproducing forestland. [2003 c.454 �2; 2017 c.315 �28]

�� 321.705 [1961 c.714 �1; 1977 c.892 �41; 1977 c.893 �1a; 1979 c.553 �1; 1997 c.586 �3; repealed by 2003 c.454 �81 and 2003 c.621 �49]

�� 321.706 Application for small tract forestland qualification; contents; filing deadlines; review; appeal. (1) An owner of forestland seeking to have the forestland qualified under ORS

ORS 321.754

321.754 in any calendar year is excused from the payment of the tax but is required to file a return. [2003 c.454 �10; 2019 c.361 �2]

�� 321.745 [1961 c.714 �8; repealed by 2003 c.454 �81 and 2003 c.621 �49]

�� 321.746 Severance tax revenues. (1) Revenue from the severance tax imposed in western Oregon under ORS 321.726 shall be paid over by the Department of Revenue to the State Treasurer and deposited in a suspense account established under ORS 293.445. After the payment of refunds, the balance of the suspense account shall be transferred to the Western Oregon Timber Severance Tax Fund established under ORS 321.751.

�� (2) Revenue from the severance tax imposed in eastern Oregon under ORS 321.726 shall be paid over by the Department of Revenue to the State Treasurer and deposited in a suspense account established under ORS 293.445. After the payment of refunds, the balance of the suspense account shall be transferred to the Eastern Oregon Timber Severance Tax Fund established under ORS 321.754. [2003 c.454 �12]

�� 321.747 [1983 c.745 �4; 1991 c.459 �310; 1997 c.541 �397a; 1997 c.586 �7; repealed by 2003 c.454 �81 and 2003 c.621 �49]

�� 321.750 [1961 c.714 �11; 1963 c.582 �2; 1965 c.371 �2; 1971 c.684 �3; 1977 c.892 �43; repealed by 1979 c.553 �11]

�� 321.751 Western Oregon Timber Severance Tax Fund; revenue distribution. (1) The Western Oregon Timber Severance Tax Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Western Oregon Timber Severance Tax Fund shall be retained by the Western Oregon Timber Severance Tax Fund.

�� (2) Moneys are continuously appropriated from the Western Oregon Timber Severance Tax Fund for use in reimbursing the General Fund for expenses incurred in the collection of taxes imposed under ORS 321.700 to 321.754.

�� (3) A working balance may be retained in the Western Oregon Timber Severance Tax Fund for the payment of expenses described in subsection (2) of this section. The balance of the Western Oregon Timber Severance Tax Fund, as of June 1 of each calendar year, shall be distributed as follows:

�� (a) 60.5 percent to the State School Fund established under ORS 327.008. A distribution made under this paragraph shall be made on or before June 15 of the year.

�� (b) 4.5 percent to the Community College Support Fund established under ORS 341.620. A distribution made under this paragraph shall be made on or before June 15 of the year.

�� (c) 35 percent to the Department of Revenue for further distribution to the counties of this state that are located in western Oregon. Moneys distributed to the department under this paragraph are continuously appropriated to the department for the purpose of making the payments to counties described in this paragraph. A distribution to the department made under this paragraph shall be made on or before August 15 of the year. Each county�s share of the distribution made under this paragraph shall equal the proportion of the assessed value of all small tract forestland in western Oregon that is located in that county. A distribution made by the department to a county under this paragraph shall be deposited in the county general fund. [2003 c.454 �13; 2025 c.321 �1]

�� 321.754 Eastern Oregon Timber Severance Tax Fund; revenue distribution. (1) The Eastern Oregon Timber Severance Tax Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Eastern Oregon Timber Severance Tax Fund shall be retained by the Eastern Oregon Timber Severance Tax Fund.

�� (2) Moneys are continuously appropriated from the Eastern Oregon Timber Severance Tax Fund for use in reimbursing the General Fund for expenses incurred in the collection of taxes imposed under ORS 321.700 to 321.754.

�� (3) A working balance may be retained in the Eastern Oregon Timber Severance Tax Fund for the payment of expenses described in subsection (2) of this section. The balance of the Eastern Oregon Timber Severance Tax Fund, as of June 1 of each calendar year, shall be distributed as follows:

�� (a) 60.5 percent to the State School Fund established under ORS 327.008. A distribution made under this paragraph shall be made on or before June 15 of the year.

�� (b) 4.5 percent to the Community College Support Fund established under ORS 341.620. A distribution made under this paragraph shall be made on or before June 15 of the year.

�� (c) 35 percent to the Department of Revenue for further distribution to the counties of this state that are located in eastern Oregon. Moneys distributed to the department under this paragraph are continuously appropriated to the department for the purpose of making the payments to counties described in this paragraph. A distribution to the department made under this paragraph shall be made on or before August 15 of the year. Each county�s share of the distribution made under this paragraph shall equal the proportion of the assessed value of all small tract forestland in eastern Oregon that is located in that county. A distribution made by the department to a county under this paragraph shall be deposited in the county general fund. [2003 c.454 �14; 2025 c.321 �2]

�� 321.755 [1961 c.714 �12; 1963 c.576 �40; repealed by 1979 c.553 �11]

�� 321.760 [1961 c.714 �10; 1969 c.326 �4; 1971 c.684 �4; 1975 c.617 �7; 1977 c.892 �44; 1977 c.893 �10a; 1979 c.350 �16; 1979 c.553 �5a; 1981 c.419 �8; 1981 c.791 �11; 1983 c.745 �2; 1985 c.157 �1; 1991 c.459 �311; 1991 c.854 �4; 1993 c.801 �42; 1995 c.79 �177; 1997 c.586 �8; 1999 c.314 �69; repealed by 2003 c.454 �81 and 2003 c.621 �49]

�� 321.761 [1991 c.459 �311b; repealed by 1991 c.459 �311b(2)]

�� 321.763 [2001 c.816 �7; 2003 c.454 �80; 2003 c.621 �48a; repealed by 2003 c.454 �83 and 2003 c.621 �51]

�� 321.765 [1961 c.714 �13; 1965 c.6 �15; 1977 c.870 �60; 1977 c.893 �13a; 1979 c.553 �6; 1991 c.459 �312; 1997 c.541 �401; repealed by 2003 c.454 �81 and 2003 c.621 �49]

�� 321.770 [1975 c.617 �5; repealed by 1977 c.893 �19]

�� 321.795 [1983 c.543 �1; 1991 c.459 �313; 1999 c.314 �42; renumbered 308A.727 in 1999]

SPECIAL ASSESSMENT OF EASTERN OREGON FORESTLAND

�� 321.805 Definitions for ORS 321.805 to 321.855. As used in ORS 321.805 to 321.855, unless the context requires otherwise:

�� (1) �Cultured Christmas trees� means trees:

�� (a) Grown on lands used exclusively for that purpose, capable of preparation by intensive cultivation methods such as plowing or turning over the soil;

�� (b) Of a marketable species;

�� (c) Managed to produce trees meeting U.S. No. 2 or better standards for Christmas trees as specified by the Agriculture Marketing Services of the United States Department of Agriculture; and

�� (d) Evidencing periodic maintenance practices of shearing for Douglas fir and pine species, weed and brush control, and basal pruning, fertilizing, insect and disease control, stump culture, soil cultivation or irrigation.

�� (2) �Department� means the Department of Revenue.

�� (3) �Eastern Oregon� means that portion of the state lying east of a line beginning at the intersection of the northern boundary of the State of Oregon and the western boundary of Wasco County, thence south along the western boundaries of the counties of Wasco, Jefferson, Deschutes and Klamath to the southern boundary of the State of Oregon.

�� (4) �Forestland� means land in eastern Oregon that is being held or used for the predominant purpose of growing and harvesting trees of a marketable species and that has been designated as forestland under ORS 321.805 to 321.855 or land in eastern Oregon, the highest and best use of which is the growing and harvesting of such trees. Forestland is the land alone. Forestland often contains isolated openings that because of rock outcrops, river wash, swamps, chemical conditions of the soil, brush and other like conditions prevent adequate stocking of such openings for the production of trees of a marketable species. If such openings in their natural state are necessary to hold the surrounding forestland in forest use through sound management practices, the openings are deemed forestland.

�� (5) �State Forester� means the State Forester or the authorized representative of the State Forester.

�� (6) �Summit of the Cascade Mountains� means a line beginning at the intersection of the northern boundary of the State of Oregon and the western boundary of Wasco County, thence southerly along the western boundaries of the counties of Wasco, Jefferson, Deschutes and Klamath to the southern boundary of the State of Oregon.

�� (7) �Timber� means all logs which can be measured in board feet and other forest products as determined by department rule, but does not include western juniper or products from harvested western juniper. [1971 c.654 �2; 1977 c.892 �46; 1983 c.539 �4; 1995 c.79 �178; 1997 c.154 �53; 1999 c.314 �55; 1999 c.1078 �45; 2003 c.621 �53]

�� 321.808 Purposes. The purposes of ORS 321.805 to 321.855 are:

�� (1) To impose with respect to forestland in eastern Oregon a special assessment program whereby the assessed value of forestland is determined as prescribed in ORS

ORS 323.455

323.455, 366.785 to 366.820 and 471.810 until notified by the Department of Revenue or Secretary of State that the required document or report has been received as required by law. A copy of such certification and request shall be furnished the delinquent city. [1973 c.252 �1; 1977 c.774 �18; 1979 c.286 �5]

TAX SUPERVISING AND CONSERVATION COMMISSION

�� 294.605 Definitions for ORS 294.605 to 294.705. As used in ORS 294.605 to 294.705, unless the context otherwise requires:

�� (1) �Commission� means the tax supervising and conservation commission.

�� (2) �Commissioner� means a member of the tax supervising and conservation commission.

�� (3) �Municipal corporations� means the county, and any city, town, port, school district, union high school district, road district, irrigation district, water district, dock commission, and all other public and quasi-public municipal corporations that have power to levy a tax within the county.

�� (4) �Levying board� means the common council, board of commissioners, board of directors, county court or other managing board of the county, or of any city, town, port, school district, union high school district, road district, irrigation district, water district, dock commission, and of all other public or quasi-public corporations that have power to levy a tax within the county.

�� (5) �County court� means the county court or board of county commissioners of the county.

�� (6) �Fiscal year� means the calendar year ending on December 31, or any period of 12 months ending during the calendar year on the last day of any month other than December.

�� (7) �Assessor� means the county assessor or other officer charged by law with the duty of extending taxes upon the assessment and tax roll.

�� (8) �Current year� means the present year.

�� 294.608 Populous counties; establishment of tax supervising and conservation commission or submission of financial summary. (1) The governing body of a county with a population of 500,000 or more inhabitants, based on the most recently available data published or officially provided by the Portland State University Population Research Center, shall:

�� (a) Establish a tax supervising and conservation commission under ORS 294.710; or

�� (b) Require each municipal corporation that would be under the jurisdiction of a tax supervising and conservation commission if a commission were established in the county under paragraph (a) of this subsection to submit to the county a financial summary of the proposed budget in the format required under ORS 294.438.

�� (2) A municipal corporation required to submit a financial summary of the municipal corporation must comply with the requirement before the date of the first budget committee meeting of the municipal corporation under ORS 294.426.

�� (3)(a) The financial summary submitted to the county under this section must be in an electronic format that is compatible with Internet publication.

�� (b) The county shall publish all financial summaries received from municipal corporations under this section on the Internet website of the county. [2005 c.750 �7; 2011 c.473 �25]

�� 294.610 Tax supervising and conservation commission; members; appointment; qualifications; term; removal; filling vacancies. (1) A tax supervising and conservation commission shall consist of five members appointed by the Governor. The commissioners appointed shall be citizens of the United States and of Oregon and residents in the county for which they are appointed and shall be electors therein. The commissioners shall serve wholly without compensation.

�� (2) Unless sooner removed by the Governor, as provided in this section, the commissioners shall hold office for a term of four years and until their successors are appointed and qualified. The term of office of the members of the commission shall commence on January 1.

�� (3) The Governor may, for good and sufficient cause, remove any commissioner at any time and appoint a successor.

�� (4) In case of death, resignation or inability of any member of the commission to serve, or of removal of any member of the commission from office, the Governor shall make an appointment to fill the balance of the unexpired term of that commissioner. [Amended by 1961 c.644 �2; 1973 c.61 �2; 1991 c.80 �1; 2005 c.750 �3]

�� 294.615 Oath of commissioner. Before taking office each commissioner shall take and subscribe the following oath, before an officer qualified to administer oaths, in substantially the following form:

State of Oregon�� )

�� ) ss.

County of ______�� )

�� I, __, being first duly sworn, depose and say that

for the term of ___ year (s), to which I have been appointed as a member of the tax supervising and conservation commission for ______ County, I will faithfully and impartially discharge the duties of my said office; that I will support the Constitution of the United States and the Constitution of the State of Oregon and all laws passed in pursuance of either; that I will endeavor to secure economical expenditure of public funds sufficient in amount to afford efficient and economical administration of government in the county for which I have been appointed, and in each city, town, port, school district, union high school district, road district, irrigation district, water district, dock commission and all other municipal corporations within the territorial limits of my county; and that I will perform said duty without fear, favor or compulsion, and without hope of reward.

�� Subscribed and sworn to before me this ___ day of __, 2.

Notary Public of Oregon

�� My commission expires ______.

�� 294.620 Office of commission; employment and compensation of assistants. (1) The county court shall furnish an office in the county courthouse or other convenient place for the use of the commission, as is furnished to other departments.

�� (2) The commission may employ and fix the salaries of such clerks and other assistants as in their judgment shall seem meet and proper to keep the records of the commission and perform any other service to which they may be assigned by the commission. Such clerks and assistants shall be paid out of the general fund of the county in the same manner as other county officers and employees are paid.

�� 294.625 Jurisdiction of commission. (1) The tax supervising and conservation commission has jurisdiction over all municipal corporations that have a population exceeding 200,000 and that are subject to the provisions of the Local Budget Law. If the territory of the municipal corporation lies in two or more counties, the municipal corporation shall be within the jurisdiction of the commission if the real market value of all property subject to taxation by the municipal corporation in a county having a commission is greater than the real market value of property subject to taxation by the municipal corporation in any other county. Real market value is the real market value computed according to ORS 308.207 from the assessment rolls last in the process of collection.

�� (2)(a) The commission has jurisdiction over a municipal corporation with a population not exceeding 200,000 unless an election is made under this subsection.

�� (b) The governing body of a municipal corporation electing not to be under the jurisdiction of the commission must make the election and communicate its intention to the commission not later than January 1 of the calendar year in which the fiscal year for which the budget is proposed will begin.

�� (c) An election under this subsection is effective for a period of not less than three years. [Amended by 1961 c.678 �3; 1965 c.451 �12; 1969 c.155 �4; 1981 c.623 �1; 1991 c.459 �10; 2009 c.596 �6]

�� 294.630 Tax supervising and conservation commission account; additional sources of moneys. (1) There hereby is created an account to be known as the tax supervising and conservation commission account in the general fund of each county subject to ORS 294.605 to 294.705.

�� (2)(a) On or before April 1 of each year, the tax supervising and conservation commission shall submit certified budgets for the ensuing fiscal year to the county court or board of county commissioners. The budget shall contain a complete and detailed estimate of the proposed expenditures of the commission for all purposes.

�� (b) Following the receipt of the budget, the county court or board of county commissioners shall include the budget as submitted as a part of the county budget and shall make an appropriation for the tax supervising and conservation commission account sufficient to cover the proposed expenditures, but no appropriation shall be made in any county in any year for such purpose in excess of $410,000. The maximum amount of the appropriation shall be increased by four percent each fiscal year, beginning with the fiscal year starting July 1, 2019. The county court or board of county commissioners shall not reduce the amount of the budget as presented by the tax supervising and conservation commission, within the amount stated in this section, nor shall it refuse to approve any lawful request for disbursement of money from the tax supervising and conservation commission account.

�� (3)(a) The tax supervising and conservation commission may:

�� (A) Charge for services provided by the commission to any municipal corporation that is not subject to the commission�s jurisdiction under ORS 294.625; and

�� (B) Apply for and receive grants.

�� (b) Any moneys received pursuant to this subsection shall:

�� (A) Be credited to the tax supervising and conservation commission account created under this section;

�� (B) Be continuously appropriated to the commission for the performance of duties and for the exercise of authority assigned to the commission under ORS 294.605 to

ORS 326.500

326.500 (2).

�� (2) The STEM Investment Council shall evaluate grant applications and make recommendations on the applications to the Superintendent of Public Instruction. Under the direction of the Superintendent of Public Instruction, the Department of Education shall distribute moneys for the grant program and otherwise administer the grant program.

�� (3)(a) An application for a grant awarded under this section may be submitted by:

�� (A) An entity that is part of the network of entities that is designated by regional partners to:

�� (i) Sustain and expand education in science, technology, engineering and mathematics; and

�� (ii) Coordinate efforts described in sub-subparagraph (i) of this subparagraph with regional partners that support career and technical education and with local workforce development boards; or

�� (B) A school district, education service district, community college or public university listed in ORS 352.002 on behalf of one or more entities described in subparagraph (A) of this paragraph.

�� (b) A grant awarded under this section may be used for:

�� (A) Classroom or extracurricular activities that further the development of skills related to science, technology, engineering or mathematics; or

�� (B) A project that is:

�� (i) Related to science, technology, engineering or mathematics and that involves collaboration with a private entity;

�� (ii) Designed to increase the awareness of potential careers in science, technology, engineering or mathematics; or

�� (iii) Designed to make connections between learning science, technology, engineering or mathematics and career opportunities in science, technology, engineering or mathematics.

�� (4) When evaluating applications for a grant, the council:

�� (a) Shall give priority to applications for activities or projects that produce the largest impact at the lowest cost or for the greatest number of students throughout this state, including grants for activities or projects that:

�� (A) Are determined by the council to be likely to become self-supporting within three years;

�� (B) Expand evidence-based, effective practices in science, technology, engineering or mathematics;

�� (C) Can be replicated by other entities in this state;

�� (D) Show evidence of attracting matching funds;

�� (E) Help improve access by underrepresented groups to activities that involve science, technology, engineering or mathematics; or

�� (F) Are elements of a partnership or a regional effort to improve student achievement in science, technology, engineering or mathematics;

�� (b) May give priority to applications for activities or projects that benefit students in more than one student group among students in kindergarten through grade 12, students in community colleges and students in universities;

�� (c) Shall attempt to achieve a balance, as determined by the council, among grants that are awarded for the sole benefit of students in kindergarten through grade 12, students in community colleges and students in universities; and

�� (d) Shall take into consideration geographic and demographic diversity. [2013 c.739 �7; 2013 c.739 �8; 2015 c.366 ��76,77; 2015 c.767 ��100,101; 2025 c.386 �2]

�� Note: 327.380 and 327.385 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 327 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 327.385 STEM Investment Grant Account. The STEM Investment Grant Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the STEM Investment Grant Account shall be credited to the account. Moneys in the account are continuously appropriated to the Department of Education for the STEM Investment Grant Program established by ORS 327.380. [2013 c.739 �9]

�� Note: See note under 327.380.

(Outdoor School Grants)

�� 327.390 Grants; advisory committee; role of Oregon State University Extension Service. (1) The Oregon State University Extension Service shall assist school districts and education service districts in providing outdoor school programs. The Oregon State University Extension Service shall provide assistance by administering a grant program, providing program leadership and providing program maintenance.

�� (2) Grants shall be awarded for outdoor school programs that:

�� (a) Provide a six-day, residential, hands-on educational experience, or an equivalent outdoor educational experience that reflects local community needs and contexts, featuring field study opportunities for students learning about:

�� (A) Soil, water, plants and animals;

�� (B) The role of timber, agriculture and other natural resources in the economy of this state;

�� (C) The interrelationship of nature, natural resources, economic development and career opportunities in this state; and

�� (D) The importance of this state�s environment and natural resources.

�� (b) Are integrated with local school curricula in a manner that assists students in meeting state standards related to science, technology, engineering and mathematics, and international standards related to science.

�� (c) Provide students with opportunities to develop leadership, critical thinking and decision-making skills.

�� (d) Address the inequity of outdoor educational opportunities for underserved children in this state.

�� (e) Provide students with opportunities to learn about the interdependence of urban and rural areas.

�� (3) Grants shall be awarded to a school district or to an education service district.

�� (4) Priority for grants shall be given to outdoor school programs that promote:

�� (a) Higher scores on standardized measures of academic achievement in reading, writing, math, science and social studies.

�� (b) Greater self-sufficiency and leadership skills.

�� (c) Fewer discipline and classroom management problems.

�� (d) Increased student engagement and pride in accomplishments.

�� (e) Greater proficiency in solving problems and thinking strategically.

�� (f) Better application of systems thinking and increased ability to think creatively.

�� (g) Improved communication skills and enhanced ability to work in group settings.

�� (h) Greater enthusiasm for language arts, math, science and social studies.

�� (i) Increased knowledge and understanding of science content, concepts and processes.

�� (j) Better ability to apply science and civic processes to real-world situations.

�� (k) Improved understanding of mathematical concepts and mastery of math skills.

�� (L) Improved language arts skills.

�� (m) Better comprehension of social studies content.

�� (n) Accessibility to students of all abilities and learning styles.

�� (5)(a) The Director of the Oregon State University Extension Service shall convene an advisory committee for the purpose of administering the grant program established under this section. When selecting the members of the committee, the director shall take into consideration geographic and demographic diversity and shall ensure that the committee has representatives of the environmental community, the natural resources community and fifth-grade or sixth-grade education.

�� (b) The advisory committee shall recommend to the director:

�� (A) Standards for outdoor school programs; and

�� (B) Distributions of moneys for outdoor school programs.

�� (6) The Oregon State University Extension Service shall provide program leadership of outdoor school programs, including:

�� (a) Providing program management and administration, including:

�� (A) Developing and reviewing outdoor school program curricula;

�� (B) Designing outdoor school program lessons that are available on websites and mobile devices;

�� (C) Developing outdoor school program learning modules and materials;

�� (D) Implementing the outdoor school program;

�� (E) Developing best practices for providing outdoor school programs; and

�� (F) Providing staff training related to outdoor school programs;

�� (b) Convening an advisory committee to assist with management activities;

�� (c) Distributing grants and entering into contracts and other agreements related to financing;

�� (d) Providing procurement services;

�� (e) Complying with reporting requirements; and

�� (f) Ensuring compliance with program requirements.

�� (7)(a) The Oregon State University Extension Service shall provide program maintenance, including:

�� (A) Conducting program reviews and implementing program revisions;

�� (B) Making quality assessments and monitoring the program for quality;

�� (C) Evaluating outputs and impacts of outdoor school programs;

�� (D) Engaging in camp development, including the selection, management and coordination of camps; and

�� (E) Conducting risk management.

�� (b) The Oregon State University Extension Service shall collaborate with the Department of Education to identify and collect student data that is relevant for the purpose of program maintenance, as described in paragraph (a) of this subsection.

�� (8) Nothing in this section shall be construed as imposing on the Oregon State University Extension Service any duties or obligations unless funding is provided to the service for expenses incurred by the service for the purposes of this section.

�� (9) The director shall submit an annual report to:

�� (a) The Department of Education, related to the ability of outdoor school programs to assist students in meeting state standards related to science, technology, engineering and mathematics, and international standards related to science; and

�� (b) The interim legislative committees on education, related to grant programs. [2015 c.782 �2; 2023 c.526 �1]

(Temporary provisions relating to a pilot program for foster child students)

�� Note: Sections 1 and 3, chapter 33, Oregon Laws 2024, provide:

�� Sec. 1. Pilot program for foster child students; rules. (1) As used in this section, �foster child student� means a student enrolled in middle school or high school who is a foster child because the student is:

�� (a) In the care and custody of the Department of Human Services pursuant to the provisions of ORS chapter 418 or 419B and is placed in substitute care; or

�� (b) A ward, as defined in ORS 419A.004, who remains in the legal custody of the ward�s parent or who is in the care and custody of the Department of Human Services but who is residing with the ward�s parent.

�� (2)(a) The Department of Education shall establish and administer a pilot program to provide support for foster child students to improve the educational outcomes of foster child students.

�� (b) Under the pilot program, the Department of Education shall provide grants to school districts for distribution to any of the middle schools or high schools of the school district to improve the educational outcomes of foster child students by addressing:

�� (A) The disparities experienced by foster child students in indicators of academic success;

�� (B) The historical practices leading to disproportionate outcomes for foster child students; and

�� (C) The educational needs of foster child students.

�� (c) School districts participating in the pilot program must ensure that foster child students are provided access to an individual who will:

�� (A) Serve as an educational advocate for a foster child student; and

�� (B) Provide guidance for and support to a foster child student for educational purposes.

�� (3) The Department of Education shall use moneys in the Statewide Education Initiatives Account to provide funding for the pilot program. The pilot program shall be considered a statewide education plan for purposes of ORS 327.254.

�� (4) The Department of Education shall select three school districts to participate in the pilot program. The school districts shall distribute moneys received under this section to any of the middle schools or high schools of the school district for the purpose of the pilot program. The department shall focus on geographically diverse regions when selecting school districts to participate in the pilot program.

�� (5) The Department of Education shall submit reports concerning the pilot program to the interim committees of the Legislative Assembly related to education as follows:

�� (a) The first report must be submitted no later than September 15, 2025, and must summarize progress on the development and administration of the pilot program.

�� (b) The second report must be submitted no later than September 15, 2027, and:

�� (A) Must provide a summary of the pilot program, including any changes in the educational outcomes of foster child students who participated in the pilot program; and

�� (B) May provide recommendations for a statewide education plan related to foster child students.

�� (6) The State Board of Education may adopt any rules necessary for the administration of this section. [2024 c.33 �1; 2025 c.212 �1]

�� Sec. 3. Section 1, chapter 33, Oregon Laws 2024, as amended by section 1 of this 2025 Act, is repealed on January 2, 2028. [2024 c.33 �3; 2025 c.212 �3]

COMMON SCHOOL FUND

�� 327.403 Definition for ORS 327.405 to 327.480. As used in ORS 327.405 to 327.480, unless the context requires otherwise, �administrative office for the county� means the administrative office of the education service district or of any common school district that includes an entire county. [1965 c.100 �30; 1991 c.167 �2; 2003 c.226 �4]

�� 327.405 Common School Fund; composition and use. (1) The Common School Fund is composed of:

�� (a) The proceeds from the sales of the 16th and 36th sections of every township or of any lands selected in lieu thereof;

�� (b) All the moneys and clear proceeds of all property that may accrue to the state by escheat or forfeiture;

�� (c) The proceeds of all gifts, devises and bequests made by any person to the state for common school purposes;

�� (d) The proceeds of all property granted to the state when the purpose of such grant is not stated;

�� (e) All proceeds of the sale of submerged and submersible lands as described in ORS 274.005;

�� (f) All proceeds of the sale of the South Slough National Estuarine Research Reserve as described in ORS 273.553 (1)(a) in the event such property is sold;

�� (g) All proceeds of the sale of the 500,000 acres of land to which this state is entitled by an Act of Congress approved September 4, 1841, and of all lands selected for capitol building purposes under Act of Congress approved February 14, 1859;

�� (h) Moneys credited to the fund or transferred to the fund by the Legislative Assembly; and

�� (i) All proceeds derived from the investment of moneys that compose the fund.

�� (2) Except as otherwise provided by law, the income from the fund must be applied exclusively to the support and maintenance of common schools in each school district. [Amended by 1957 c.670 �31; 1965 c.100 �31; 1969 c.338 �3; 1987 c.760 �4; 1997 c.321 �2; 2003 c.14 �147; 2013 c.358 �2; 2019 c.678 �66; 2021 c.139 ��4,5; 2021 c.424 �20]

�� 327.410 Apportionment of Distributable Income Account of Common School Fund among counties; distribution to school districts. The Department of State Lands shall transfer the balance of the Distributable Income Account of the Common School Fund established under ORS 273.105, after deductions authorized by law, to the Superintendent of Public Instruction semiannually, or more frequently if the State Land Board so orders. The superintendent shall immediately apportion the amount transferred among the counties in proportion to the number of children resident in each county between the ages of 4 and 20 as determined pursuant to ORS 190.510 to 190.610. The superintendent shall distribute to each school district within a county a share of the county�s apportionment that is based on the district�s average daily membership that resides within the county. [Amended by 1965 c.100 �32; 1967 c.421 �200; 1971 c.294 �2; 1982 s.s.2 c.1 �5; 2005 c.412 �1]

�� 327.415 [Amended by 1963 c.544 �16; 1965 c.100 �33; 1971 c.294 �1; repealed by 2005 c.412 �3]

�� 327.420 Basis of apportionment. (1) The basis of all apportionments of the Common School Fund shall be the reports of the resident average daily membership for the preceding fiscal year as reported by the school district to the Department of Education.

�� (2) In the case of a joint school district, the resident average daily membership reported to the department shall be prorated between the counties as the resident enrollment of the district is prorated between the counties. [Amended by 1965 c.100 �34; 1971 c.294 �3; 2005 c.412 �2]

�� 327.423 Determination of school census. (1) The Superintendent of Public Instruction shall prorate the annual estimate of census as provided in ORS 327.410 and 327.420 in proportion as the resident average daily membership of each education service district bears to the total resident average daily membership of the state and certify such to the administrative officer of each education service district.

�� (2) Subject to guidelines approved by the Superintendent of Public Instruction, the administrative officer of each education service district shall apportion the census so certified to those common school districts reporting to the education service district. The estimated district census determined by this manner shall be deemed applicable to all statutory references to the term �census� or �school-age child� in Oregon Revised Statutes. [Formerly 326.355]

�� Note: 327.423 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 327 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 327.425 Loans and investment of funds; determination of interest rate. (1) All moneys belonging to the Common School Fund and not required to meet current expenses shall be loaned by the Department of State Lands at a rate of interest fixed by the department. The department may consult with and obtain the recommendation of the Oregon Investment Council in fixing the interest rate.

�� (2) Common School Fund moneys may be loaned in accordance with the repayment plan contained in ORS 327.440, except that loans on property within the corporate limits of towns or cities shall be payable in not more than 15 years on the amortization plan.

�� (3) If at any time there is a Common School Fund surplus over and above all loans applied for, such portion of the surplus as the department deems proper may be invested as provided in ORS 293.701 to 293.857. The department may require the State Treasurer to deposit any such surplus, until it is able to loan same, in qualified state depositories, upon the same terms and conditions as other public funds are deposited therein, in which event any interest received from any such state depository shall be credited to the fund on which such interest was earned.

�� (4) The department may reduce the rate of interest to be paid upon outstanding loans from the Common School Fund and any trust fund placed in its charge, to correspond with the rate of interest to be paid upon new loans, but no reduction in rate of interest shall be made upon any of the loans until interest at the old rate has been paid in full to date of receipt of remittance at the office of the department. [Amended by 1963 c.326 �2; 1965 c.100 �35; 1965 c.532 �5; 1967 c.335 �38; 1969 c.413 �1; 1983 c.740 �99; 2015 c.513 �10]

�� 327.430 Security for loans. (1) The principal and interest of all loans shall be paid in lawful money of the United States.

�� (2) Loans shall be secured by note specifying the fund from which the loan is made and mortgage to the Department of State Lands on improved land within this state, or upon range or grazing land therein. Except as provided in ORS 273.815, the security for a secured loan shall be not less than twice the value of the amount loaned, and, except as otherwise provided in subsection (3) of this section, shall be of unexceptional title and free from all encumbrances. A secured loan may be secured by a deposit of obligations of the United States or of bonds or warrants of this state of a face value of not less than 25 percent in excess of such loans.

�� (3) The department is not prohibited by subsection (2) of this section from making a secured loan merely because the land securing the loan is:

�� (a) Situated in an irrigation district, taking into consideration the amount of bonded indebtedness of the district as compared with the valuation of the real property of the district.

�� (b) Subject to a reservation of mineral rights.

�� (c) Subject to a lease of any kind.

�� (d) Subject to a statutory lien for public improvements.

�� (e) Subject to an easement. [Amended by 1955 c.352 �1; 1959 c.90 �1; 1963 c.326 �1; 1963 c.517 �6; 1965 c.229 �1; 1965 c.532 �6; 2015 c.513 �11]

�� 327.435 Ascertainment of value and title of security. The Department of State Lands shall adopt methods, rules and regulations for ascertaining the value of and state of the title of any lands proposed as security for any loan under the provisions of ORS 327.425 and 327.430. All expenses of ascertaining title shall be borne by the applicant. The department may establish fees to be paid by the applicant for the appraisal of any property offered as security. [Amended by 1965 c.229 �2]

�� 327.440 Loan repayment. Secured loans authorized by ORS 327.430 shall be repaid in semiannual, quarterly or monthly installments, as may mutually be agreed upon between the borrower and the Department of State Lands, and the installments shall aggregate each year an amount equal to one year�s interest on the original principal of the loan plus an additional two percent of the original principal sum, except as provided in ORS 327.425. Of the installment so paid each year, the amount at the specified interest rate on the principal remaining unpaid shall be credited as interest and the balance credited to reduction of the loan principal. Borrowers from the fund shall have the right to make payments in excess of the amounts of such installments, and the further right at any time to pay off such loans in part or full with interest to payment dates. [Amended by 1965 c.532 �7]

�� 327.445 Custody of securities for loan; collection of interest. The Department of State Lands shall have custody of all notes, bonds and other securities covering secured loans made by it from any fund. The department shall take proper measures for the prompt collection of interest due on all loans from any such fund and place it to the credit of the fund from which the loan was made, to be paid out as provided by law. [Amended by 1965 c.532 �8]

�� 327.450 Foreclosure of mortgages given to secure loans. (1) The Department of State Lands shall foreclose all mortgages taken to evidence loans from the Common School Fund or other funds whenever more than one year�s interest on the loan is due and unpaid or whenever any mortgage becomes inadequate security for the money loaned. The department may foreclose its mortgage in the event of waste or any other impairment of the property upon which the loan was made. It may also foreclose for delinquency in payment of principal or interest installments or in payment of taxes on such property.

�� (2) The department may bid in the land in the name of the state at a price not to exceed the total amount of the state�s claim or they may accept a deed or a release of the equity of redemption. Should it appear to the satisfaction of the department that the mortgagee cannot make the payment of interest and that foreclosure would work an injustice and that foreclosure is not then necessary to secure the fund from loss, the department may extend the time for paying such interest not exceeding two years. [Amended by 1965 c.100 �36]

�� 327.455 Record of purchases by Department of State Lands on foreclosures; resale or lease of land; disposition of proceeds. The Director of the Department of State Lands shall keep a correct record of all purchases on foreclosures under ORS 327.450 with a description of the lands so purchased or acquired, and a statement of the fund to which they belong. Such lands shall be placed in the hands of the director and sold or leased under the direction of the department on the best terms obtainable, and the proceeds, to the amount of the principal of the loans, shall be paid into the fund from which the loans were made, and the excess paid to the interest account of that fund.

�� 327.465 Cancellation of unpaid taxes after deed to state in liquidation of loan. Whenever the Department of State Lands receives a deed to the State of Oregon of lands covered by a mortgage given to secure a loan from the Common School Fund in liquidation of the debt represented by the loan, the department shall send a written notice of the transaction to the county court of the county in which such deeded lands are situated. Upon the receipt of such notice, the county court shall cancel on the county tax records unpaid taxes levied and assessed against such property in that county. This section does not apply to tax liens of irrigation or drainage districts organized prior to the effective date of the lien of the department.

�� 327.470 Cancellation of taxes on land acquired through foreclosure proceedings; right of redemption. (1) Excepting tax liens of irrigation or drainage districts organized before the effective date of the Department of State Lands� lien, whenever the State of Oregon acquires property or lands through foreclosure of a mortgage given to secure a loan from the Common School Fund and the state has received the sheriff�s deed made as a result of such foreclosure proceedings and the period for redemption has expired, the county court, or board of county commissioners, of the county in which such lands are situated shall cancel on the county tax records all the unpaid taxes levied and assessed against the property.

�� (2) At the time the sheriff issues a certificate of sale in the foreclosure proceedings of any department mortgage, the sheriff shall serve a copy of the certificate upon the county judge, or the chairperson of the board of county commissioners, of the county in which the foreclosure takes place. The county shall have a 60-day period from the date of the sheriff�s certificate in which to redeem the land by paying the department the full amount of its investment in the land, including principal and interest, foreclosure charges, abstracting expense, and any other necessary expense incurred by the department in said foreclosure proceedings.

�� 327.475 When county court may acquire mortgaged lands deeded to state. Whenever the Department of State Lands receives a deed as described in ORS 327.465, the county court of the county in which the lands are situated may, within one year from the recorded date of such deed, acquire from the state the property so conveyed by paying to the state the total amount of the state�s investment in the property.

�� 327.480 Use of Common School Fund moneys to comply with judgment canceling fraudulent deed. (1) Where the judgment in a suit instituted by the State of Oregon to cancel and set aside any deed of lands from the State of Oregon alleged to have been procured by fraud and in violation of law grants relief to the State of Oregon which is conditioned on the payment of money, the Department of State Lands may pay from the Common School Fund the sum necessary to comply with the conditions of the judgment.

�� (2) This section shall not be considered as a legislative interpretation relieving the defendants in such suit from applying to the legislature for repayment of the purchase price of such land, or that the State of Oregon is not entitled to an accounting from the purchaser, the assignee, or successor in interest, for school or other lands obtained in violation of law, or that the State of Oregon must repay the purchase price of such lands, with or without interest as a condition of obtaining relief. This section is intended to prevent the loss to the State of Oregon of lands obtained in violation of law, where the court imposes as a condition for granting relief the payment of money. [Amended by 1965 c.100 �37; 2003 c.576 �433]

�� 327.482 Appropriation to reimburse fund for earnings failure. Out of the moneys in the General Fund, there is continuously appropriated such sums as are necessary but not to exceed $100,000 in total to reimburse the Common School Fund for any amount that may result from the failure of loans to earn at least four percent interest. The computation required to determine the interest earned on the loans shall be made annually, and the amount required to reimburse the fund shall be paid annually. [1965 c.532 �9; 1967 c.477 �1; 2015 c.513 �12]

�� 327.483 [1963 c.570 �32a; repealed by 1965 c.100 �456]

�� 327.484 Reimbursement for earnings failure. Moneys may be withdrawn annually on July 1 from the General Fund by order of the Department of State Lands to be credited to the Common School Fund to pay to the Common School Fund any amount resulting from the failure of the total student loans to earn at least four percent interest in the preceding fiscal year. [1965 c.532 �11; 1967 c.335 �39; 1967 c.477 �2; 2015 c.513 �13]

EDUCATION CASH ACCOUNT

�� 327.485 Education Cash Account; disbursements. (1) The Education Cash Account of the General Fund consists of all moneys made available to the Department of Education by:

�� (a) Charitable and philanthropic foundations, organizations and agencies if the moneys have not been dedicated for specific use by requirements of other sections of Oregon Revised Statutes;

�� (b) Miscellaneous receipts;

�� (c) Collection of fees from sale of supplies and publications compiled and furnished by the Department of Education and distributed or sold to other persons or groups;

�� (d) Funds received as gifts, contributions and bequests for career and technical education and moneys received as reimbursements for funds theretofore expended;

�� (e) Moneys received through charges to grants, contracts and other funds for indirect costs; and

�� (f) Any other nondedicated moneys received by the Department of Education for which the Legislative Assembly has established an administrative funds limitation.

�� (2) The provisions of this section do not relieve the department of its responsibilities to separately account for moneys received as trust funds.

�� (3) Disbursements from the Education Cash Account shall be made as directed by the Department of Education. The department shall keep a record of all moneys deposited in such account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity against which each withdrawal is charged. [1961 c.588 �1; 1965 c.100 �38; 1979 c.570 �3; 1993 c.45 �302; 2005 c.209 �7; 2009 c.94 �3]

�� 327.490 Projects contracted to districts and institutions of higher learning. The State Board of Education may contract with school districts, community college districts and any institutions of higher learning in this state for the purpose of carrying out any phase of a project for which funds granted under ORS 327.485 are available and may reimburse such districts and institutions from such funds. The board may make advance payments to the contracting districts or institutions based on the estimated cost of any service to be provided. Any payment to a district shall not be subject to the provisions of ORS 294.305 to 294.565. [1961 c.588 �5; 1989 c.491 �8]

�� 327.495 Appropriation of funds received for certain purposes. All moneys received by the State Board of Education for distribution to school districts in this state for the purpose of carrying out experimental and demonstration programs to improve education and educator preparation in this state are continuously appropriated for such purpose. [1961 c.588 �6; 1965 c.100 �39; 1989 c.491 �9; 2013 c.747 �177; 2015 c.245 �39]

SUMMER LEARNING PROGRAM ACCOUNT

�� 327.496 Summer Learning Program Account; rules. (1) The Summer Learning Program Account is established in the State Treasury, separate and distinct from the General Fund.

�� (2) The account consists of moneys appropriated, allocated, deposited or transferred to the account by the Legislative Assembly or otherwise.

�� (3) The Department of Education, on behalf of the State of Oregon, may solicit and accept gifts, grants, donations and other moneys from public and private sources for deposit in the account.

�� (4) Moneys in the account are continuously appropriated to the Department of Education to disburse or expend for activities or programs related to providing summer academic and enrichment opportunities for school-aged children.

�� (5) The Department of Education may enter into grant agreements, contracts, intergovernmental agreements or other agreements with school districts, community-based organizations, nonprofit organizations, federally recognized tribes or other entities to provide summer academic and enrichment programs and may disburse or expend moneys from the account pursuant to such agreements.

�� (6) The State Board of Education may adopt rules necessary for the administration of the account. [2021 c.10 �19]

�� Note: 327.496 is repealed May 31, 2027. See sections 5 and 6, chapter 629, Oregon Laws 2025.

�� Note: Section 4, chapter 629, Oregon Laws 2025, provides:

�� Sec. 4. The Summer Learning Program Account established under ORS 327.496 is abolished. Any moneys remaining in the account on the operative date of this section [May 31, 2027] shall be transferred to the General Fund for general governmental purposes. [2025 c.629 �4]

�� Note: 327.496 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 327 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

QUALITY EDUCATION COMMISSION

�� 327.497 Legislative findings. The Legislative Assembly finds that:

�� (1) Within the Oregon Educational Act for the 21st Century in ORS chapter 329 there are established goals for high academic excellence, the application of knowledge and skills to demonstrate achievement and the development of lifelong learning skills to prepare students for the ever-changing world.

�� (2) Education is increasingly linked to economic and social issues.

�� (3) The people of Oregon, through section 8, Article VIII of the Oregon Constitution, have established that the Legislative Assembly shall appropriate in each biennium a sum of money sufficient to ensure that the state�s system of public education meets the quality goals established by law. Furthermore, the people of Oregon require that the Legislative Assembly publish a report that either demonstrates that the appropriation is sufficient or identifies the reasons for the insufficiency, its extent and its impact on the ability of the state�s system of public education to meet those goals.

�� (4) The Quality Education Commission should be established to define the costs sufficient to meet the established quality goals for kindergarten through grade 12 public education. [2001 c.895 �1]

�� 327.500 Establishment; membership; staff. (1) There is established a Quality Education Commission consisting of 11 members appointed by the Governor. The Governor may not appoint more than five members of the commission who are employed by a school district at the time of appointment.

�� (2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on August 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the remainder of the unexpired term.

�� (3) The appointment of members of the commission is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.

�� (4) A member of the commission is entitled to compensation and expenses as provided in ORS

ORS 359.444

359.444�� Allowable uses of funds by core partner agencies

ARTS COMMISSION; ARTS PROGRAM

�� 359.010 Definitions for ORS 359.010 to 359.142. As used in ORS 359.010 to 359.142, unless the context requires otherwise:

�� (1) �Arts� includes, but is not limited to:

�� (a) Instrumental and vocal music;

�� (b) Dance, drama and folk art;

�� (c) Creative writing and poetry;

�� (d) Architecture and landscaping design and the fields allied to them;

�� (e) Museum-related activities including, but not limited to:

�� (A) Exhibitions;

�� (B) Curation and maintenance of art work collections; and

�� (C) Education relating to works of art, artists and art history;

�� (f) Painting, sculpture and photography;

�� (g) Graphic and craft arts;

�� (h) Industrial design;

�� (i) Costume and fashion design;

�� (j) Motion pictures, television and radio;

�� (k) Tape and sound recording;

�� (L) The history, criticism, theory and practice of the arts; and

�� (m) The presentation, performance, execution and exhibition of art forms described in this subsection.

�� (2) �Association� means a nonprofit, private, incorporated or unincorporated institution, foundation, museum, organization, society or group, whether local, state, regional or national, that is operating, or doing business, in Oregon.

�� (3) �Local agencies� includes cities, counties and other public corporations and their officers, boards and commissions.

�� (4) �Private corporation� means a corporation organized for profit and authorized to do business in this state.

�� (5) �Public agencies� means state agencies and local agencies.

�� (6) �State agencies� includes state officers, departments, boards and commissions. [1967 c.321 �1; 1993 c.209 �5; 2017 c.274 �1]

�� 359.020 Oregon Arts Commission; members; term; qualifications; vacancy; term limit; officers; quorum; compensation and expenses. (1) The Oregon Arts Commission is created as a policy-making and advisory body within the Oregon Business Development Department. The commission shall consist of nine members appointed by the Governor. The term of a member is four years, and the member shall serve until a successor is appointed and qualifies.

�� (2) Persons appointed members of the commission shall be citizens of Oregon well qualified by experience to make policy and recommendations in areas of concern to the Arts Program of the Oregon Business Development Department and otherwise to perform the duties of the office.

�� (3) In case of a vacancy on the commission for any cause, the Governor shall appoint a successor to serve for the unexpired term.

�� (4) A member of the commission may be appointed to serve two consecutive terms. A member who serves two consecutive terms shall not be eligible for reappointment within one year following the expiration of the second term.

�� (5) A member of the commission is entitled to compensation and expenses as provided in ORS

ORS 366.290

366.290 or 373.010. [1967 c.272 �1; 1975 c.587 �1; 1975 c.782 �51a]

�� 366.323 Studies to aid in relocating persons displaced by highway acquisition. When plans of the Department of Transportation projected for one year involve acquisition of properties in any city which will require removal of 25 or more dwelling units, businesses or institutions, the Department of Transportation shall make a study of the persons residing on or maintaining businesses or institutions on property scheduled for highway acquisition. Such studies shall be kept current until the premises required for highway acquisition are vacated. The department shall obtain such other information as it finds appropriate to aid in the relocation of persons displaced by the highway acquisition, and may extend its studies beyond city boundaries when the highway acquisition will involve dwellings, businesses or institutions within three miles of a city boundary. Such information shall be made available to the persons displaced and to other persons who may provide or assist in providing new locations. This section shall apply whether the highway acquisitions will be paid for in whole or in part from state funds either directly or by reimbursement. The Department of Transportation may contract with any governmental subdivision or agency, or with private concerns to make and maintain such studies, or may employ necessary assistants therefor. [1959 c.648 �1; 1963 c.187 �1]

�� 366.324 Financial assistance to persons displaced by highway acquisition; rules. (1) When federal funds are available for payment of direct financial assistance to persons displaced by highway acquisition, the Department of Transportation may match such federal funds to the extent provided by federal law and to provide such direct financial assistance in the instances and on the conditions set forth by federal law and regulations.

�� (2) When federal funds are not available or used for payment of direct financial assistance to persons displaced by department acquisition of property, the department may provide direct financial assistance to such persons. Financial assistance authorized by this subsection shall not exceed the total amount that would have been payable under subsection (1) of this section if federal funds had been available or used. The department may adopt rules and regulations to carry out the provisions of this subsection. [1959 c.648 �2; 1963 c.187 �2; 1965 c.222 �1]

�� 366.325 Rights of way through cemeteries. The Department of Transportation may acquire by purchase, agreement, donation or by exercise of the power of eminent domain, real property for right of way through a cemetery, except that the department has no authority to acquire any such real property by exercise of the power of eminent domain if within the area sought to be taken there are graves which would be disturbed by the location and construction of a highway. The department may acquire by purchase, agreement, donation or exercise of the power of eminent domain, real property contiguous to the cemetery, and may convey such real property to the cemetery association or the owners of the cemetery in exchange for the property sought to be acquired for right of way purposes, but such authority shall not be exercised unless and until the owners of the cemetery agree in writing to the exchange of lands.

�� 366.330 Acquisition of land adjoining right of way. The Department of Transportation may, when acquiring real property for right of way purposes, acquire additional real property adjoining the real property sought to be acquired for the particular public project if such additional and adjoining real property is needed for the purpose of moving and establishing thereon buildings or other structures then established on real property required for right of way purposes. The acquisition of the abutting, additional real property may be accomplished by purchase, agreement, donation or exercise of the power of eminent domain. Such real property can be acquired only in the event that the owner of the real property required for right of way purposes and on which there is then located buildings or other structures, has entered into a written agreement with the department providing for and consenting to the removal and reestablishment of the buildings or structures on the additional, abutting real property.

�� 366.332 Definitions for ORS 366.332 and 366.333. As used in this section and ORS 366.333:

�� (1) �Real property� includes any right, title or interest in real property.

�� (2) �Utility� means any corporation, including municipal or quasi-municipal corporation, company, individual, association of individuals, lessee, trustee or receiver, that owns, operates, manages or controls all or part of any plant or equipment in this state, whether or not such plant or equipment or part thereof is wholly within or outside any city, which plant or equipment is used, directly or indirectly:

�� (a) For the conveyance of telegraph or telephone messages, with or without wires;

�� (b) For the transportation of water, gas or petroleum products by pipelines;

�� (c) For the production, transmission, delivery or furnishing of heat, light, water, power, electricity or electrical impulses; or

�� (d) For the transmission and delivery of television pictures and sound by cables. [1965 c.382 �2]

�� 366.333 Acquisition of utility real property; exchange of land for right of way. (1) If real property upon which utility facilities are located is necessary for city street, public road or state highway location, relocation, construction, reconstruction, betterment or maintenance, and any portion of the real property is likewise required by the utility for the proper operation of its business, but the utility is willing to convey the real property to the state for city street, public road or state highway purposes in exchange for other real property within a reasonable distance, the state, through the Department of Transportation, may acquire by purchase, agreement or by the exercise of the power of eminent domain, other real property, except that of another utility, within a reasonable distance. After having acquired such real property, the state, through the department, may convey it to the utility in exchange for the real property required from the utility for city street, public road or state highway purposes. The difference in the value of the respective real properties shall be considered by the department in making the exchange.

�� (2) ORS 366.332 and this section do not vest in any utility any right, title or interest in any city street, public road, state highway or other public property. [1965 c.382 ��3,4]

�� 366.335 Acquisition of railroad right of way; exchange of land therefor. (1) Whenever in the location, relocation, construction or betterment of any highway within the state, it is deemed necessary to locate, relocate or construct the highway, or any part thereof, upon the right of way of any railroad company, the state, through the Department of Transportation, may negotiate and agree with the railroad company for the right to use or occupy the right of way, or so much thereof as is necessary for highway purposes.

�� (2) In case no satisfactory agreement can be effected, then the state, through the department, may acquire the right of way by exercise of the power of eminent domain, and for that purpose may commence and prosecute condemnation proceedings to acquire the right to the use and occupancy of sufficient of the railroad right of way for highway purposes.

�� (3) Nothing in subsection (2) of this section authorizes the use or occupancy of the railroad right of way which would interfere with the operation of the railroad or its necessary appurtenances, taking into consideration the use of the railroad right of way by the company for yards, terminals, station grounds and necessary additional trackage, or which would jeopardize the safety of the public.

�� (4) In the event that the right of way or property of any railroad company in the state required or needed for state highway location, relocation, construction or betterment, and any portion of the property or right of way is likewise needed and required by the railroad company for the proper operation of its trains and the usual and ordinary conduct of its business, but which property or land the railroad company is willing to deed to the state for highway purposes in exchange for a like amount of land within a reasonable distance, the state, through the department, may acquire by purchase, agreement or by exercise of the power of eminent domain, an equal amount of land or property within a reasonable distance. After having acquired such land or property, the state, through the department, may convey the same to the railroad company in exchange for the land or property needed and required from the railroad company for highway purposes. The difference in the value of the respective parcels of land shall be considered by the department in making the exchange. [Amended by 1965 c.383 �1; 1999 c.59 �100]

�� 366.337 Exchange of certain parcels of land authorized. The Department of Transportation, in the name of the State of Oregon, hereby is authorized to convey to any person, firm or corporation all or parts of the real properties described in section 1, chapter 21, Oregon Laws 1953, in exchange for other real properties in close proximity thereto which, in the judgment of the department, are of equal or superior useful value for public use. [1953 c.21 �2]

�� 366.340 Acquisition of real property generally. The Department of Transportation may acquire by purchase, agreement, donation or by exercise of the power of eminent domain real property, or any right or interest therein, including any easement or right of access, deemed necessary for:

�� (1) Construction of shops, equipment sheds, office buildings, maintenance sites, patrolmen accommodations, snow fences, quarry sites, gravel pits, storage sites, stock pile sites, weighing stations and broadcasting stations.

�� (2) Appropriation, acquisition or manufacture of road-building materials, approach or hauling roads, connecting roads, frontage road, highway drainage and drainage tunnels.

�� (3) Maintenance of an unobstructed view of any state highway so as to provide for the safety of the traveling public.

�� (4) Any other use or purpose deemed necessary for carrying out the purposes of this Act.

�� (5) Elimination or prevention of hazardous or undesirable points of entry from adjacent property to state highways. [Amended by 1953 c.252 �2]

�� 366.345 [Amended by 1957 c.392 �1; 1963 c.601 �2; renumbered 390.110]

�� 366.350 [Amended by 1959 c.611 �3; 1963 c.601 �3; renumbered 390.160]

�� 366.355 [Renumbered 390.210]

�� 366.360 Taking fee simple title. In all cases where title to real property is acquired by the Department of Transportation either by donation, agreement or exercise of the power of eminent domain, a title in fee simple may be taken.

�� 366.365 Going upon private property; rules. (1) The Department of Transportation may go upon private property in the manner provided by ORS 35.220 to determine the advisability or practicability of locating and constructing a highway over the property or the source, suitability or availability of road-building materials thereon.

�� (2)(a) The department may go upon private property in the manner provided by ORS 35.220 to inspect a tree that the department believes may potentially pose an immediate and substantial risk of damage or injury because the tree is obstructing, hanging over or otherwise encroaching or threatening to encroach in any manner on a state highway.

�� (b) If after inspecting the tree the department believes that the tree presents a potential risk as described in paragraph (a) of this subsection, the department may request that an arborist certified by the International Society of Arboriculture conduct a technical evaluation, as defined by the department by rule, of the tree.

�� (c) If the arborist determines after conducting a technical evaluation that the tree presents an immediate and substantial risk of damage or injury, the department may immediately cut down the tree.

�� (3) The department may go upon private property to cut down or remove trees located on the property without notifying the property owner if the department has determined that the trees create an immediate and substantial risk of damage or injury by obstructing, hanging over or otherwise encroaching or threatening to encroach in any manner on a state highway.

�� (4) Within a reasonable amount of time after the department cuts down or removes trees in the manner provided by subsection (2) or (3) of this section, the department shall locate the property owner and notify the property owner of the department�s actions. The department may establish the process of notification by rule. [Amended by 1953 c.252 �2; 2003 c.477 �5; 2005 c.22 �259; 2009 c.130 �1; 2012 c.56 �3]

�� 366.366 Removal of trees. Notwithstanding any city, county or other local government charter or ordinance, the Department of Transportation may cut down or remove trees located within a state highway right of way without first obtaining a permit. [2012 c.56 �2]

�� 366.370 [Repealed by 1971 c.741 �38]

�� 366.375 [Repealed by 1971 c.741 �38]

�� 366.380 [Amended by 1957 c.656 �1; 1959 c.339 �1; 1967 c.479 �7; repealed by 1971 c.741 �38]

�� 366.385 [Repealed by 1967 c.479 �8]

�� 366.390 [Repealed by 1971 c.741 �38]

�� 366.392 [1953 c.621 �1; subsection (2) enacted as 1961 c.404 �1; 1967 c.454 �36; repealed by 1971 c.741 �38]

�� 366.393 [1953 c.621 �2; subsection (2) enacted as 1961 c.404 �2; repealed by 1971 c.741 �38]

�� 366.394 [1967 c.479 �10; repealed by 1971 c.741 �38]

�� 366.395 Disposition or leasing of property; sale of forest products. (1) The Department of Transportation may sell, lease, exchange or otherwise dispose or permit use of real or personal property, including equipment and materials acquired by the department, title to which real or other property may have been taken either in the name of the department, or in the name of the state, and which real or personal property is, in the opinion of the department, no longer needed, required or useful for department purposes, except that real property may be leased when, in the opinion of the department, such real property will not be needed, required or useful for department purposes during the leasing period. The department may exchange property as provided in subsection (3) of this section regardless of whether the property is needed by, required by or useful to the department if, in the judgment of the department, doing so will best serve the interests of the state.

�� (2) The department may sell, lease, exchange or otherwise dispose of such real or personal property in such manner as, in the judgment of the department, will best serve the interests of the state and will most adequately conserve highway funds or the department�s account or fund for the real or personal property. In the case of real property, interest in or title to the same may be conveyed by deed or other instrument executed in the name of the state, by and through the department. All funds or money derived from the sale or lease of any such property shall be paid by the department to the State Treasurer with instructions to the State Treasurer to credit such funds or moneys:

�� (a) To the highway fund; or

�� (b) To the department�s account or fund for the property. The State Treasurer shall credit the funds and moneys so received as the department shall direct.

�� (3) Property described in subsection (1) of this section may be exchanged for other property or for services. As used in this subsection, �services� includes, but is not limited to, public improvements as defined in ORS 279A.010.

�� (4)(a) Before offering forest products for sale the department shall cause the forest products to be appraised.

�� (b) If the appraised value of the forest products exceeds $50,000, the department may not sell them to a private person, firm or corporation except after a public auction to receive competitive bids. Prior to a public auction, the department shall give notice of the auction not less than once a week for three consecutive weeks by publication in one or more newspapers of general circulation in the county in which the forest products are located and by any other means of communication that the department deems advisable. The department shall provide the minimum bid price and a brief statement of the terms and conditions of the sale in the notice.

�� (c) Notice and competitive bidding under paragraph (b) of this subsection is not required if the Director of Transportation declares an emergency to exist that requires the immediate removal of the timber. If an emergency has been so declared:

�� (A) Then the timber, regardless of value, may be sold by a negotiated price; and

�� (B) The director shall make available for public inspection a written statement giving the reasons for declaring the emergency.

�� (5) The department�s account or fund for the forest product shall be credited with the proceeds of the sale. [Amended by 1953 c.252 �2; 1971 c.279 �1; 1983 c.26 �1; 1989 c.904 �60; 1993 c.741 �40; 2005 c.32 �1; 2012 c.56 �4]

�� 366.400 Execution of contracts. The Department of Transportation may enter into all contracts deemed necessary for the construction, maintenance, operation, improvement or betterment of highways or for the accomplishment of the purposes of this Act. All contracts executed by the department shall be made in the name of the state, by and through the department. [Amended by 1953 c.252 �2; 1975 c.771 �24]

�� 366.405 [Amended by 1953 c.252 �2; repealed by 1975 c.771 �33]

�� 366.410 [Repealed by 1975 c.771 �33]

�� 366.415 [Amended by 1967 c.454 �37; 1969 c.423 �2; repealed by 1975 c.771 �33]

�� 366.420 [Repealed by 1975 c.771 �33]

�� 366.425 Deposit of moneys for highway work. (1) Any county, city or road district of the state or any person, firm or corporation may deposit moneys in the State Treasury or may deposit with the Department of Transportation an irrevocable letter of credit approved by the department for laying out, surveying, locating, grading, surfacing, repairing or doing other work upon any public highway within the state under the direction of the department. When any money or a letter of credit is deposited with the department under this subsection, the department shall proceed with the proposed highway project.

�� (2) Money deposited under subsection (1) of this section shall be disbursed for the purpose for which it was deposited upon a voucher approved by the department and a warrant. [Amended by 1967 c.454 �38; 1979 c.365 �1]

�� 366.430 [Amended by 1953 c.252 �2; repealed by 1969 c.429 �6]

�� 366.435 Auditing and allowing claims. The Department of Transportation may allow all claims legally payable out of the highway fund. The department shall, if satisfied as to the correctness and validity of a claim, indorse approval thereon. When claims have been approved and indorsed by the fiscal officer of the department, they shall be filed with the fiscal officer of the department, who shall audit and pay the same out of the highway fund. [Amended by 1953 c.252 �2; 1967 c.454 �39]

�� 366.440 [Repealed by 2015 c.138 �11]

�� 366.445 Repair of damaged highways. The Department of Transportation may repair or cause to be repaired at once any state highway which has been damaged by slides, flood or other catastrophe so that the highway may be immediately reopened to traffic. To accomplish the reopening of the highway the department may, if it is deemed for the best interests of the state, proceed at once to remove the slide or to repair the damage with the department�s own forces, or with other available forces. The department may cause such work to be done by contract without calling for competitive bids.

�� 366.450 Road signs. The Department of Transportation may erect and maintain such directional road and other signs on the state highways at such places and of such material and design as it selects. [Amended by 1957 c.663 �1]

�� 366.455 Removing unlawful signs and structures. The Department of Transportation may take down and remove from the right of way of any state highway any sign or other structure or thing erected or maintained thereon contrary to law. When removing a sign or other structure or thing the department shall follow and comply with the legal or statutory procedure provided by law. [Amended by 2007 c.199 �23]

�� 366.460 Construction of sidewalks within highway right of way. The Department of Transportation may construct and maintain within the right of way of any state highway or section thereof sidewalks, footpaths, bicycle paths or trails for horseback riding or to facilitate the driving of livestock. Before the construction of any of such facilities the department must find and declare that the construction thereof is necessary in the public interest and will contribute to the safety of pedestrians, the motoring public or persons using the highway. Such facilities shall be constructed to permit reasonable ingress and egress to abutting property lawfully entitled to such rights.

�� 366.462 Construction of fences on freeway overpasses. (1) The Department of Transportation shall construct fences on all freeway overpasses that are built on and after November 4, 1993. The fences shall be designed to deter persons from throwing objects from the overpasses onto the freeways.

�� (2) The Department of Transportation shall construct fences on existing freeway overpasses that involve the greatest risk factors. [1993 c.510 ��1,2; 2001 c.104 �125; 2017 c.750 �133]

�� Note: 366.462 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.465 Gates and stock guards. The Department of Transportation may erect and maintain gates and stock or cattle guards in state highways at such points where the highways are crossed by drift or stock fences, where such highways intersect state or government-owned highways or other public highways and at other places in the state highways as the department may deem for the best interests of the public. The department may issue permits for the erection and maintenance of the same. Any gates constructed under this section must be constructed and maintained upon the right of way and not upon the traveled portion of the highway. If gates or stock guards are constructed under this section pursuant to a permit issued by the department, then the permit may contain such conditions, obligations and requirements as the department may deem for the best interests of the general public.

�� 366.470 Agreements with railroad companies for snow removal. (1) The Department of Transportation may enter into agreements with a railroad company for the removal of snow from highway and railroad whenever a state highway is in close proximity to a railroad track and by reason thereof and in order to remove from the highway snow and ice which has blocked or threatens to block the highway to traffic it becomes necessary to cast such snow and ice upon the railroad tracks, thereby impairing or interfering with train movement and tending to block train operations. The agreement may be made during or in anticipation of any such contingency, shall be in writing and shall fix the terms and conditions under which and the extent to and manner in which the state may, in removing the snow and ice from the highway, cast it upon the railroad tracks.

�� (2) The department may procure or cause to be executed by a corporation authorized to do such business in the state, a liability policy of insurance, an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, or an undertaking running in favor of the state, the department, the railroad company and their officers and such employees of such parties as the contracting parties may designate.

�� (3) The insurance, letter of credit or undertaking:

�� (a) Shall be acceptable to the contracting parties.

�� (b) Shall in any event indemnify, protect and hold harmless the railroad company, its officers and employees designated, the state, the department, its officers and employees designated, from all claims for damage occasioned by or in connection with the removal of snow from the highway and the casting of the snow upon the railroad tracks.

�� (c) May, if so provided, reimburse either or both of the contracting parties for loss, cost and expense incurred in connection with or resulting from such work.

�� (4) The department may pay out of the highway fund the premium for the insurance or for the fee for the letter of credit and the cost and expense incurred or sustained by the railroad company and the state incident to the snow removal. [Amended by 1953 c.252 �2; 1991 c.331 �58; 1997 c.631 �466]

�� 366.475 [Amended by 1979 c.104 �1; repealed by 1983 c.324 �59]

�� 366.480 Destruction of vouchers. The Department of Transportation may from time to time destroy copies of vouchers which have ceased to possess any record value or serve any purpose and which have been in the files and custody of the department for a period of at least 10 years.

�� 366.483 Transfer of jurisdiction of certain highways. (1) In accordance with ORS 374.329, the Department of Transportation shall transfer jurisdiction of the following state highways to the following cities:

�� (a) Pacific Highway West, State Highway 99, from the department to the City of Eugene. The department shall transfer the following two portions:

�� (A) The portion beginning where the highway intersects with the Beltline Highway and ending where the highway intersects with Washington Street, but excluding the bridge at milepost 121.42.

�� (B) The portion beginning where the highway intersects with Walnut Street and ending where the highway intersects with Interstate 5, but excluding the bridge at milepost 126.02.

�� (b) Springfield Highway, State Highway 228 to the City of Springfield.

�� (2) Notwithstanding section 71d (4), chapter 750, Oregon Laws 2017, the department shall use the funds described in section 71d, chapter 750, Oregon Laws 2017, for the transfer of Powell Boulevard to upgrade the portion of Southeast Powell Boulevard beginning where the highway intersects with Interstate 205 and ending where the highway intersects with the city limits. After the upgrades are completed, in accordance with ORS 374.329, the department shall transfer jurisdiction of the upgraded portion to the City of Portland. The department may upgrade and transfer portions of the highway in phases.

�� (3) In accordance with ORS 366.290:

�� (a) The department shall transfer jurisdiction of the portion of Territorial Highway, State Highway 200, that is located within Lane County from the department to the county. The department may transfer portions of the highway in phases. The department shall retain jurisdiction of bridges on Territorial Highway located at milepoints 4.59, 7.07, 17.92, 18.72, 18.98, 19.28 and 25.49. The department shall transfer the jurisdiction of the bridges after the bridges are replaced.

�� (b) The department shall transfer jurisdiction of the portion of the Springfield-Creswell Highway, State Highway 222, beginning where it intersects with Jasper-Lowell Road and ending where it intersects with Emerald Parkway to Lane County. The department shall retain jurisdiction of bridges on Springfield-Creswell Highway located at mileposts 5.20, 5.41, 5.64 and 13.36. The department shall transfer the jurisdiction of a bridge after the bridge is replaced.

�� (c) Lane County shall transfer jurisdiction of the portion of Delta Highway beginning where the highway intersects with Interstate 105 and ending where the highway intersects with the Randy Pape Beltline from the county to the department.

�� (d) Multnomah County and Washington County shall transfer jurisdiction of the portion of Cornelius Pass Road beginning where the highway intersects with U.S. Highway 30 and ending where the highway intersects with U.S. Highway 26 from the counties to the department. The counties may transfer portions of the highway in phases. [2017 c.750 �134; 2018 c.93 �35]

�� Note: 366.483 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.485 [Repealed by 1975 c.605 �33]

ROADSIDE REST AREAS

�� 366.486 Construction of roadside rest area facilities for persons with disabilities. When a new roadside rest area is established adjacent to or within the right of way of a state highway, or when rest room facilities are constructed in an existing roadside rest area adjacent to or within the right of way of a state highway, a separate rest room facility for persons with disabilities of both sexes shall be constructed. The facility shall meet all requirements of ORS 447.210 to 447.280. [1993 c.738 �1; 2007 c.70 �152]

�� Note: 366.486, 366.487 and 366.490 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.487 Use of roadside rest area rest rooms by persons with disabilities. (1) If a roadside rest area adjacent to or within the right of way of a state highway does not have a separate rest room facility for persons with disabilities of both sexes, a person with a disability and a person of the opposite sex who is accompanying a person with a disability for the purpose of assisting the person with a disability in using the rest room may enter any existing rest room. Prior to entering the rest room, the assisting person shall receive permission from anyone who is in the rest room.

�� (2) A sign shall be posted outside all rest room facilities subject to the provisions of subsection (1) of this section stating that attendants of the opposite sex may accompany or be accompanied by persons with disabilities into any rest room. The sign shall include appropriate graphics. [1993 c.738 �2; 2007 c.70 �153]

�� Note: See note under 366.486.

�� 366.490 Coffee and cookies at roadside rest areas; rules. (1) The Department of Transportation shall establish by rule a permit program allowing nonprofit organizations to provide free coffee or other nonalcoholic beverages and cookies at roadside rest areas managed by the department. Cookies offered under the program must come from a licensed facility. Rules adopted under this section may not restrict the program to any particular days of the year.

�� (2) An organization may apply for a permit to provide coffee, other beverages and cookies at a rest area managed by the department by submitting a written request to an employee of the department designated by the department. The request shall specify the day on which the organization wishes to offer the beverages and cookies and the specific rest area where they will be offered. The request shall be submitted not more than 60 days prior to the date requested.

�� (3) The department shall issue a permit to the selected organization not less than 30 days in advance of the date for which the permit is issued. If there is more than one request for the same date and the same place, the department shall select one organization by random drawing and shall issue the permit to that organization.

�� (4) The department may not issue more than one permit for the same time and place.

�� (5) An organization that receives a permit shall confine distribution of coffee, other beverages or cookies to an area of the rest area designated in the permit or by the rest area attendant. The organization may not obstruct access to any building or other structure in the rest area.

�� (6) An organization providing coffee, other beverages or cookies may receive donations.

�� (7) An organization may post signs identifying the organization and the activity, provided that each sign is not more than 10 square feet in area and there are not more than two signs. The signs may be placed only on vehicles used in connection with the provision of beverages and cookies or located in the area designated for the activity.

�� (8) The department may revoke the permit of any organization that fails to comply with the provisions of this section or with rules adopted by the department to implement the provisions.

�� (9) Rules adopted by the department under this section do not apply to roadside rest areas managed by the Travel Information Council pursuant to ORS 377.841. [1993 c.738 �3; 2005 c.256 �1; 2012 c.63 �9]

�� Note: See note under 366.486.

�� 366.493 Rules regarding health and safety. The Oregon Transportation Commission may adopt rules governing health and safety in roadside rest areas and scenic overlooks under the jurisdiction of the Department of Transportation. [2009 c.99 �2]

STATE HIGHWAY FUND

�� 366.505 Composition and use of highway fund. (1) The State Highway Fund shall consist of:

�� (a) All moneys and revenues derived under and by virtue of the sale of bonds, the sale of which is authorized by law and the proceeds thereof to be dedicated to highway purposes.

�� (b) All moneys and revenues accruing from the licensing of motor vehicles, operators and chauffeurs.

�� (c) Moneys and revenues derived from any tax levied upon gasoline, distillate, liberty fuel or other volatile and inflammable liquid fuels, except moneys and revenues described in ORS 184.642 (2)(a) that become part of the Department of Transportation Operating Fund.

�� (d) Moneys and revenues derived from the road usage charges imposed under ORS 319.885.

�� (e) Moneys and revenues derived from the use tax imposed under ORS 320.410.

�� (f) Moneys and revenues derived from or made available by the federal government for road construction, maintenance or betterment purposes.

�� (g) All moneys and revenues received from all other sources which by law are allocated or dedicated for highway purposes.

�� (2) The State Highway Fund shall be deemed and held as a trust fund, separate and distinct from the General Fund, and may be used only for the purposes authorized by law and is continually appropriated for such purposes.

�� (3) Moneys in the State Highway Fund may be invested as provided in ORS 293.701 to 293.857. All interest earnings on any of the funds designated in subsection (1) of this section shall be placed to the credit of the highway fund. [Amended by 1953 c.125 �5; 1989 c.966 �43; 2001 c.820 �5; 2009 c.821 �30a; 2013 c.781 �22; 2017 c.750 �116]

�� 366.506 Highway cost allocation study; purposes; design; report; use of report by Legislative Assembly. (1) Once every two years, the Oregon Department of Administrative Services shall conduct a highway cost allocation study. The purpose of the study is to determine:

�� (a) The proportionate share that the users of each class of vehicle should pay for the costs of maintenance, operation and improvement of the highways, roads and streets in the state; and

�� (b) Whether the users of each class are paying that share.

�� (2) Each study must include:

�� (a) An examination of the most recent study period for which actual data are available for the purpose of determining the accuracy of the most recently published study results; and

�� (b) An examination of the prospective study period based on projected data for the purpose described in subsection (1) of this section.

�� (3) The department may use any study design the department determines will best accomplish the purposes stated in subsection (1) of this section. In designing the study, the department may make decisions that include, but are not limited to, the methodology to be used for the study, what constitutes a class of vehicle for purposes of collection of data under subsections (1) to (5) of this section and the nature and scope of costs that will be included in the study.

�� (4) The department may appoint a study review team to participate in the study required by subsection (1) of this section. The team may perform any functions assigned by the department, including, but not limited to, consulting on the design of the study.

�� (5) A report on the results of the study shall be submitted to the legislative revenue committees and the Joint Committee on Transportation by January 31 of each odd-numbered year.

�� (6) The Legislative Assembly shall use the report described in subsection (5) of this section to determine whether adjustments to revenue sources described in Article IX, section 3a (3), of the Oregon Constitution, are needed in order to carry out the purposes of Article IX, section 3a (3), of the Oregon Constitution. If such adjustments are needed, the Legislative Assembly shall enact whatever measures are necessary to make the adjustments. [2003 c.755 ��1,2; 2023 c.545 �7]

�� Note: 366.506 is amended by Enrolled House Bill 3991 (2025 special session). As of the date of publication of the 2025 Edition of the Oregon Revised Statutes, Enrolled House Bill 3991 (2025 special session) is subject to potential referendum petitions that may be filed with the Secretary of State as provided in Article IV, section 1, of the Oregon Constitution. The full text of Enrolled House Bill 3991 (2025 special session) is set forth following 801.610.

�� Note: 366.506 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.507 Modernization program; funding; conditions and criteria. The Department of Transportation shall use an amount equal to the amount of moneys in the State Highway Fund that becomes available for its use from the increase in tax rates created by the amendments to ORS 319.020, 319.530, 825.476 and 825.480 by sections 1, 2 and 10 to 15, chapter 209, Oregon Laws 1985, and an amount equal to one-third of the amount of moneys in the State Highway Fund that becomes available for its use from any increase in tax rates created by the amendments to ORS

ORS 368.106

368.106. [1981 c.153 �20]

LEGALIZATION OF ROADS

�� 368.201 Basis for legalization of road. A county governing body may initiate proceedings to legalize a county road under ORS 368.201 to 368.221 if any of the following conditions exist:

�� (1) If, through omission or defect, doubt exists as to the legal establishment or evidence of establishment of a public road.

�� (2) If the location of the road cannot be accurately determined due to:

�� (a) Numerous alterations of the road;

�� (b) A defective survey of the road or adjacent property; or

�� (c) Loss or destruction of the original survey of the road.

�� (3) If the road as traveled and used for 10 years or more does not conform to the location of a road described in the county records. [1981 c.153 �21]

�� 368.205 [Amended by 1975 c.774 �1; 1977 c.338 �1; repealed by 1981 c.153 �79]

�� 368.206 Proceedings for legalization of roads; report; notice. (1) If proceedings for legalization of a road are initiated under ORS 368.201, the county governing body shall:

�� (a) Cause the road to be surveyed to determine the location of the road and the width of the road according to:

�� (A) The laws governing the width of roads at the time the road was originally established; or

�� (B) If the original width of the road cannot be determined, to the width for roads of the same class established by the standards under ORS 368.036;

�� (b) Cause the county road official to file a written report with the county governing body including the survey required under this section and any other information required by the county governing body; and

�� (c) Cause notice of the proceedings for legalization to be provided under ORS 368.401 to 368.426 by service to owners of abutting land and by posting.

�� (2) In a proceeding under this section, any person may file with the county governing body information that controverts any matter presented to the county governing body in the proceeding or alleging any new matter relevant to the proceeding. [1981 c.153 �22]

�� 368.210 [Repealed by 1981 c.153 �79]

�� 368.211 Compensation for property affected by road legalization. (1) A county governing body shall provide for compensation under this section to any person who has established a structure on real property if the structure encroaches on a road that is the subject of legalization proceedings under ORS 368.201 to 368.221.

�� (2) To qualify for compensation under this section, a person must file a claim for damages with the county governing body before the close of the hearing to legalize the road. The county governing body shall consider a claim for damages unless the county governing body determines that:

�� (a) At the time the person acquired the structure, the person had a reasonable basis for knowing that the structure would encroach upon the road;

�� (b) Upon the original location of the road, the person received damages;

�� (c) The person or the person�s grantor applied for or assented to the road passing over the property; or

�� (d) When making settlements on the property, the person found the road in public use and traveled.

�� (3) The compensation allowed under this section shall be just compensation for the removal of the encroaching structure.

�� (4) The county governing body may proceed to determine compensation and acquire the structure by any method under ORS 368.096.

�� (5) If a county governing body determines that removal of the encroaching structure is not practical under this section, the county governing body may acquire property to alter the road being legalized. [1981 c.153 �23]

�� 368.215 [Repealed by 1981 c.153 �79]

�� 368.216 Order under road legalization proceeding. (1) After considering matters presented in a proceeding to legalize a road under ORS 368.201 to 368.221, a county governing body shall determine whether legalization of the road is in the public interest and shall enter an order abandoning or completing the legalization procedures on the road.

�� (2) When a county governing body legalizes a road under ORS 368.201 to 368.221, the county governing body shall comply with ORS 368.106.

�� (3) Courts shall receive any order filed under this section as conclusive proof that the county road exists as described in the order.

�� (4) Upon completion of the legalization procedures under ORS 368.201 to 368.221:

�� (a) Any records showing the location of the road that conflict with the location of the road as described in the order are void; and

�� (b) The road exists as shown on the order legalizing the road. [1981 c.153 �24]

�� 368.218 [1975 c.774 �2; repealed by 1981 c.153 �79]

�� 368.220 [Repealed by 1975 c.771 �33]

�� 368.221 Legalization of road of substandard width. Notwithstanding ORS 368.036, a county governing body may legalize a road at any width that is less than the width of the road described in ORS 368.206 if the county governing body determines that:

�� (1) The legalization of the road at the lesser width is in the public interest; or

�� (2) An encroachment on the road may not be practically removed under ORS 368.211. [1981 c.153 �25]

�� 368.225 [Repealed by 1975 c.771 �33]

�� 368.230 [Amended by 1971 c.659 �4; repealed by 1975 c.771 �33]

�� 368.235 [Amended by 1965 c.10 �1; repealed by 1975 c.771 �33]

�� 368.240 [Repealed by 1975 c.771 �33]

�� 368.245 [Amended by 1969 c.423 �3; repealed by 1975 c.771 �33]

�� 368.250 [Repealed by 1975 c.771 �33]

ROAD HAZARDS

�� 368.251 Obstruction of road drains prohibited. No person shall stop, obstruct or in any other manner impair or damage any drain, ditch or other man-made or natural waterway that:

�� (1) Prevents water from causing damage to, flowing across or standing on a public road under county jurisdiction; or

�� (2) Benefits a public road under county jurisdiction. [1981 c.153 �26]

�� 368.255 [Repealed by 1975 c.771 �33]

�� 368.256 Creation of road hazard prohibited. (1) Except as authorized by the county governing body, an owner or lawful occupant of land shall not allow:

�� (a) Any water to overflow, seep or otherwise discharge from that land onto a public road under county jurisdiction including, but not limited to, water that is passing over the land, diverted from the land by an obstruction on the land, flowing from the land because of rainfall or discharged from an irrigation sprinkler or other device.

�� (b) Any structure, tree, drainage way, soil deposit or other natural or man-made thing on that land to present a danger to or create a hazard for the public traveling on a public road or facilities within the right of way of the public road by obstructing, hanging over or otherwise encroaching or threatening to encroach in any manner on a public road that is under county jurisdiction.

�� (2) A person is not in violation of this section if there is no reasonable method for the person to control, stop or remove the cause of the violation. [1981 c.153 �27]

�� 368.260 [Repealed by 1981 c.153 �79]

�� 368.261 Order to abate road hazard. (1) A county road official may order a person who is in violation of ORS

ORS 373.010

373.010.

�� (5) �Pedestrian mall� means one or more city streets, or portions thereof, on which vehicular traffic is or is to be restricted in whole or in part and which is or is to be used exclusively or primarily for pedestrian travel.

�� (6) �Mall intersection� means any intersection of a city street constituting a part of a pedestrian mall with any street, which intersection is itself part of the pedestrian mall.

�� (7) �Intersecting street� means any street which meets or crosses a pedestrian mall at a mall intersection but includes only those portions thereof on either side of a mall intersection which lie between the mall intersection and the first intersection of the intersecting street with a public street or highway open to vehicular traffic.

�� (8) �Assessment roll� means the assessment roll or rolls used by the county for purposes of city ad valorem taxes on real property.

�� (9) �Improvements� means the improvements referred to in ORS 376.720 (1). [1961 c.666 �2]

�� 376.710 Legislative findings; short title. (1) The Legislative Assembly hereby finds and declares that in certain areas in cities, and particularly in retail shopping areas thereof, there is need to separate pedestrian travel from vehicular travel and that such separation is necessary to protect the public safety or otherwise to serve the public interest and convenience. The Legislative Assembly further finds and declares that such objective can, in part, be accomplished by the establishment of pedestrian malls pursuant to ORS 376.705 to 376.825.

�� (2) ORS 376.705 to 376.825 may be cited as the Pedestrian Mall Law of 1961. [1961 c.666 ��1,3]

�� 376.715 Construction of Pedestrian Mall Law; validity of proceedings. (1) ORS 376.705 to 376.825 and all of their provisions shall be liberally construed to the end that their purpose may be effective.

�� (2) Any proceedings taken pursuant to ORS 376.705 to 376.825 shall not be held invalid for failure to comply with the provisions of ORS 376.705 to 376.825, if the acts done and proceedings taken are not invalid under the state or federal Constitution. [Enacted as part of 1961 c.666 �5]

�� 376.720 Powers of city with respect to pedestrian mall. (1) The legislative body of a city shall have the power:

�� (a) To establish pedestrian malls.

�� (b) To prohibit, in whole or in part, vehicular traffic on a pedestrian mall.

�� (c) To pay, from general funds of the city or other available moneys or from the proceeds of assessments levied on lands benefited by the establishment of a pedestrian mall, the damages, if any, allowed or awarded to any property owner by reason of the establishment of a pedestrian mall.

�� (d) To construct on city streets which have been or will be established as a pedestrian mall improvements of any kind or nature necessary or convenient to the operation of such city streets as a pedestrian mall, including but not limited to paving, sidewalks, curbs, gutters, sewers, drainage works, street lighting facilities, fire protection facilities, flood protection facilities, water distribution facilities, vehicular parking areas, retaining walls, landscaping, tree planting, child care facilities, display facilities, information booth, public assembly facilities and other structures, works or improvements necessary or convenient to serve members of the public using such pedestrian mall, including the reconstruction or relocation of existing city-owned works, improvements or facilities on such city streets.

�� (e) To pay, from general funds of the city or other available moneys or from the proceeds of assessments levied on property benefited by any such improvements, the whole or any portion of the cost of such improvements.

�� (f) To do any and all other acts necessary or convenient for the accomplishment of the purposes of ORS 376.705 to 376.825, including the power to rent, lease or license to any individual firm or corporation any portion of the pedestrian mall for service concessions, commercial uses or otherwise, providing that in any term of use exceeding 60 days, the city shall first advertise for bids therefor by publication not less than once a week for two consecutive weeks in a newspaper of general circulation in the city, making two publications thereof.

�� (2) The powers granted in ORS 376.705 to 376.825 to prohibit, in whole or in part, vehicular traffic on any city street shall be in addition to and not limited by the powers granted by any other law. [1961 c.666 �4; subsection (2) enacted as part of 1961 c.666 �5; 1971 c.506 �1]

�� 376.725 Resolution for establishment of mall; general contents of resolution. When the legislative body shall determine that the public interest and convenience require the establishment of a pedestrian mall and that vehicular traffic will not be unduly inconvenienced thereby, it may adopt a resolution declaring its intention to establish such pedestrian mall. Such resolution shall contain:

�� (1) The determination and declaration referred to above.

�� (2) A general description of the city streets, or portions thereof, which are proposed to be established as a pedestrian mall.

�� (3) A general description of the mall intersections.

�� (4) A general description of the intersecting streets.

�� (5) A statement that the legislative body proposes to adopt an ordinance prohibiting, in whole or in part, vehicular traffic on such pedestrian mall. If vehicular traffic is proposed to be prohibited only in part, the resolution shall also contain a general statement of the exceptions proposed to be made. Such exceptions may include exceptions in favor of public, emergency, utility and other classes of vehicles, may include exceptions in favor of all or certain classes of vehicles during certain days or during portions of days, and may include other exceptions of any kind or nature.

�� (6) A general statement of the source or sources of moneys proposed to be used to pay damages, if any, allowed or awarded to any property owner by reason of the establishment of the pedestrian mall.

�� (7) A day, hour and place for the hearing by the legislative body of protests and objections to the establishment of the proposed pedestrian mall, and a statement that any and all persons having any objection to the establishment of the proposed pedestrian mall may file a written protest with the city recorder at any time not later than the hour so fixed for the hearing.

�� (8) A statement that any person owning or having any legal or equitable interest in any real property which might suffer legal damage by reason of the establishment of the proposed pedestrian mall may file a written claim of damages with the city recorder at any time not later than the hour so fixed for hearing; that such written claim must describe the real property as to which the claim is made, must state the exact nature of the claimant�s interest therein, must state the nature of the claimed damage thereto, and must state the amount of damages claimed. [1961 c.666 �6]

�� 376.730 Description of proposed mall and intersecting streets. In such resolution any street may be described by referring thereto by its lawful or official name, or the name by which it is commonly known, and the pedestrian mall, the mall intersections and the intersecting streets may be described by reference to a map or plat thereof on file in the office of the city recorder. [1961 c.666 �7]

�� 376.735 Contents of resolution when landowners to be paid for damages by assessments on benefited property. In such resolution the legislative body may propose to pay the whole or any part of damages based on claims filed pursuant to ORS 376.755 (2), if any, allowed or awarded to any property owner by reason of the establishment of the pedestrian mall from the proceeds of assessments levied upon lands benefited by the establishment of the pedestrian mall. In such cases the resolution shall also contain:

�� (1) General description of the district (which may consist of noncontiguous portions) within which lie the lands deemed by the legislative body to be benefited by the establishment of the proposed pedestrian mall. Such district may be described by metes and bounds.

�� (2) A statement that an assessment will be levied pursuant to ORS 376.705 to 376.825 to pay the whole or a stated portion of the damages based on claims filed pursuant to ORS

ORS 390.314

390.314, unless a different use is authorized by the department. Title to the lands or interest therein so acquired shall be held by the unit of local government acquiring the same. Such lands or interest therein and such historical sites, structures, facilities and objects preserved and restored shall never be disposed of or sold except upon the approval and consent of the department. [1967 c.551 �6; 1973 c.87 �3; 1973 c.558 �13; 1989 c.904 �22]

�� 390.364 Taxation of lands subject to scenic easements. For ad valorem tax purposes, land that is subject to a scenic easement acquired under ORS 390.332 or a scenic or public easement acquired under ORS 390.334 shall be valued at its real market value, less any reduction in value caused by the easement, and assessed in accordance with ORS 308.232. The easements shall be exempt from assessment and taxation as any land owned by the state is so exempt. [1973 c.558 �7; 1981 c.804 �98; 1991 c.459 �393]

�� 390.368 Authority to contract landscaping and repair of damage to lands subject to scenic easement. In carrying out the purposes of ORS 390.310 to 390.368 the State Parks and Recreation Department may enter into contracts with any agency of the United States, this state or a political subdivision thereof, or with any private person, agency or corporation to perform natural vegetative landscaping or to perform work to restore damage resulting from natural causes to vegetation on any land subject to a scenic easement within the boundaries of the Willamette River Greenway in accordance with the terms of the scenic easement acquired on such land. [1973 c.558 �9]

ELECTRIC VEHICLES

�� 390.400 Public electric vehicle charging stations. (1) The State Parks and Recreation Department shall allow for the installation and service of public electric vehicle charging stations in parking spaces that are part of the facilities of the system of state parks, including parks, park facilities, ocean shores, scenic waterways, trails and historic sites throughout the State of Oregon.

�� (2) The department shall implement subsection (1) of this section in a manner that:

�� (a) Is consistent with the goals set forth in ORS 283.398; and

�� (b) Takes into consideration:

�� (A) The recommendations in the report required by ORS 283.401;

�� (B) The availability of infrastructure to deliver electricity to electric vehicle charging stations in the parking spaces described in subsection (1) of this section; and

�� (C) Opportunities to contract with third-party entities. [2021 c.23 �1]

�� Note: 390.400 and 390.405 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 390.405 Parks and Recreation Transportation Electrification Fund. (1) The Parks and Recreation Transportation Electrification Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Parks and Recreation Transportation Electrification Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Parks and Recreation Department to carry out ORS 390.400.

�� (2) The department may seek out and receive gifts, grants, contributions, bequests or other donations of any kind from any public or private source for use in carrying out the purposes of ORS 390.400. Moneys received under this subsection shall be deposited in the Parks and Recreation Transportation Electrification Fund. [2021 c.23 �2]

�� Note: See note under 390.400.

�� 390.410 [Formerly 358.610; repealed by 1987 c.14 �12]

�� 390.415 [1977 c.482 �2; repealed by 1987 c.14 �12]

�� 390.420 [Formerly 358.615; 1969 c.314 �31; 1977 c.482 �4; repealed by 1987 c.14 �12]

�� 390.430 [Formerly 358.620; 1977 c.482 �5; repealed by 1987 c.14 �12]

�� 390.440 [Formerly 358.625; repealed by 1977 c.482 �6]

�� 390.450 [Formerly 358.630; repealed by 1987 c.14 �12]

�� 390.460 [1977 c.482 �3; repealed by 1987 c.14 �12]

�� 390.500 [1987 c.14 �1; renumbered 196.150 in 1989]

�� 390.505 [1987 c.14 �2; renumbered 196.155 in 1989]

�� 390.510 [1987 c.14 ��3,4; 1989 c.171 �47; renumbered 196.160 in 1989]

�� 390.515 [1987 c.14 �5; renumbered in

ORS 390.368

390.368, it shall approve the plan or segment. If the commission finds revision of any part of the submitted plan or segment to be necessary, it may revise the plan or segment itself or require such revision by the department and units of local government.

�� (2) Upon approval of the plan for the Willamette River Greenway or segment thereof, the commission shall cause copies of such plan or segment to be filed with the recording officer for each county having lands within the Willamette River Greenway situated within its boundaries. Such plan or segment filed as required by this subsection shall be retained in the office of the county recording officer open for public inspection during reasonable business hours.

�� (3) If the plan for the Willamette River Greenway is prepared and approved in segments, the total of all such approved segments shall constitute the plan for the Willamette River Greenway for the purposes of ORS 390.310 to 390.368. The department and units of local government, with the approval of the commission, may revise the plan for the Willamette River Greenway from time to time. [1973 c.558 �4]

�� 390.330 Grants for acquisition of lands by local government units; acquisition of water rights or use of condemnation powers limited. (1) The State Parks and Recreation Department may enter into agreements with units of local government and make grants of money to assist units of local government in acquiring lands or any interest in lands situated within the boundaries of the Willamette River Greenway for exclusive public use for scenic and recreational purposes and to assist units of local government in preserving and restoring historical sites, structures, facilities and objects on lands along the Willamette River as may be determined by the department to be in accordance with the plan approved under ORS 390.322 and to further the purposes of the Willamette River Greenway as set forth in ORS 390.314. Each such agreement shall provide for the transfer by the department to the unit of local government of any scenic or public easement acquired by the department under ORS 390.310 to 390.368 with respect to lands acquired by the unit of local government under this section. The grants of money that may be made by the department for any property or property rights or for the initial preservation and restoration of historical sites, structures, facilities and objects shall not exceed 50 percent of the cost thereof. All remaining costs, including future operation and maintenance, shall be borne by the unit or units of local government in a manner satisfactory to the department. No grant of money shall be made by the department for property acquired by any unit of local government prior to June 30, 1967, or for costs incurred by any unit of local government prior to October 5, 1973, in the preservation and restoration of historical sites, structures, facilities and objects.

�� (2) Except as provided in subsection (3) of this section, a unit of local government is not authorized, for the purposes of this section, to acquire water rights or installations used in connection with such water rights or to acquire any property or property rights by condemnation.

�� (3) A city, in the acquisition of any property or property rights within the boundaries of the Willamette River Greenway with grants of money made under this section, may use any power of condemnation otherwise provided by law for use by the city in such acquisition. [1967 c.551 �3; 1973 c.87 �2; 1973 c.558 �10; 1989 c.904 �20]

(Land Acquisition)

�� 390.332 Acquisition of scenic easements near Willamette River; nature of easement; restriction on use of condemnation. (1) Except as otherwise provided in subsection (4) of this section, the State Parks and Recreation Department may acquire scenic easements on any lands situated within 150 feet from the ordinary low water line on each side of each channel of the Willamette River and on any lands situated within 150 feet from the ordinary low water line of each island within the Willamette River. The department may acquire such easements by any method, including but not limited to the exercise of the power of eminent domain.

�� (2) Each scenic easement acquired under subsection (1) of this section shall:

�� (a) Be designed to preserve the vegetation along the Willamette River and the natural and scenic qualities of the lands subject to such easements and authorize the department, at its own expense, to engage in natural vegetative landscaping on such lands to enhance the natural and scenic qualities of such lands.

�� (b) Require the owner of the lands subject to such easement to carry on the use of such lands in a manner to preserve the existing vegetation and natural and scenic qualities of such lands and require the repair by the department, at its own expense, of any damage resulting from natural causes to vegetation on such lands.

�� (c) Not provide for public access or use of the lands subject to such easement, if such easement was acquired by the department through the exercise of the power of eminent domain.

�� (d) Provide that any subsequent farm use, as defined in ORS 215.203 (2), of the land subject to such easement is compatible with the purposes of the Willamette River Greenway and that any restrictions on the use of the land under such easement are suspended while such land is devoted to such farm use.

�� (e) Prevent the change in use of the lands subject to such easements except with the consent of the department and in accordance with the conditions imposed with such consent. The consent of the department and the conditions imposed therewith shall be in accordance with the intent and purposes of the Willamette River Greenway.

�� (3) Each scenic easement acquired under this section on lands that, on the date of the acquisition of such easement, were a part of a larger tract of land not subject to a scenic easement under ORS 390.310 to 390.368, shall provide for the right of the department to acquire fee title to the lands subject to such easement upon a change in the use of the lands in the remainder of such tract that is inconsistent with such scenic easement under ORS 390.310 to 390.368.

�� (4) The department may not acquire, through the exercise of the power of eminent domain, scenic easements under subsection (1) of this section on any lands that on October 5, 1973, were devoted to farm use, as defined in ORS 215.203 (2) or were a portion of a larger tract of land under single ownership that is devoted to such use. Upon a change in the use of any such lands from farm use, the department may acquire scenic easements in such lands as provided in ORS

ORS 390.997

390.997�� Penalties for violation of ORS 166.155 or 166.165

GENERAL PROVISIONS

�� 390.005 Definitions. As used in this chapter, unless the context requires otherwise:

�� (1) �Commission� means the State Parks and Recreation Commission.

�� (2) �Department� means the State Parks and Recreation Department.

�� (3) �Director� means the State Parks and Recreation Director. [1989 c.904 �2]

OUTDOOR RECREATION RESOURCES

�� 390.010 Policy of state toward outdoor recreation resources. The Legislative Assembly recognizes and declares:

�� (1) It is desirable that all Oregonians of present and future generations and visitors who are lawfully present within the boundaries of this state be assured adequate outdoor recreation resources. It is desirable that all levels of government and private interests take prompt and coordinated action to the extent practicable without diminishing or affecting their respective powers and functions to conserve, develop, and utilize such resources for the benefit and enjoyment of all the people.

�� (2) The economy and well-being of the people are in large part dependent upon proper utilization of the state�s outdoor recreation resources for the physical, spiritual, cultural, scientific and other benefits which such resources afford.

�� (3) It is in the public interest to increase outdoor recreation opportunities commensurate with the growth in need through necessary and appropriate actions, including, but not limited to, the following:

�� (a) Protection of existing and needed open spaces for appreciation, use and enjoyment of Oregon�s scenic landscape.

�� (b) Provision of adequate land for outdoor recreation.

�� (c) Preservation and restoration for public enjoyment and education of structures, objects, facilities and resources which are examples of Oregon history, archaeology and natural science.

�� (d) Development of a system of scenic roads to enhance recreational travel and sightseeing.

�� (e) Encouragement of outdoor activities such as festivals, fairs, and events relating to music, dance, drama, art and sports.

�� (f) Expansion of facilities for camping, picnicking and lodging in or near recreational areas and along routes of travel.

�� (g) Provision of tourist hospitality centers, which may include informational services, sanitary facilities, camping and picnicking areas at points near major highway entrances into the state.

�� (h) Provision of trails for horseback riding, hiking, bicycling and motorized trail vehicle riding.

�� (i) Development of waterways, land and water facilities for recreational boating, hunting and fishing.

�� (j) Development of all recreation potentials of the several river basins, compatible with programs of water use enunciated by the Water Resources Commission.

�� (k) Provision for access to public lands and waters having recreational values.

�� (L) Encouragement of the development of winter sports facilities.

�� (m) Encouragement of programs for recreational enjoyment of mineral resources.

�� (4) It is in the public interest that all efforts be made through research, education and enforcement to the end that Oregon�s outdoor recreation resources will be used under the highest standards of conduct.

�� (5) It shall be the policy of the State of Oregon to supply those outdoor recreation areas, facilities and opportunities which are clearly the responsibility of the state in meeting growing needs; and to encourage all agencies of government, voluntary and commercial organizations, citizen recreation groups and others to work cooperatively and in a coordinated manner to assist in meeting total recreation needs through exercise of their appropriate responsibilities. [Formerly

ORS 403.250

403.250.

�� (n) Law enforcement services.

�� (o) Human services.

�� (p) Cemetery maintenance.

�� (q) Animal control.

�� (2) Within the geographical jurisdiction of any local government boundary commission established by or pursuant to ORS 199.410 to 199.519, in addition to the purposes described in subsection (1) of this section, master plans and service districts may be established as provided by this chapter regarding:

�� (a) Fire prevention and protection.

�� (b) Hospital and ambulance services.

�� (c) Vector control.

�� (d) Weather modification.

�� (3) Within the boundaries of any subdivision, service districts may be established as provided by this chapter regarding:

�� (a) Fire prevention and protection.

�� (b) Security services provided by contract with an association of homeowners whose property is located entirely within the boundaries of the service district, which services may include the enforcement of the rules or regulations of the association dealing with public access to or the use of the property of the association, routine patrolling and inspection of private areas located within the jurisdiction of the association and matters of traffic and safety within such areas.

�� (c) Law enforcement services.

�� (d) Hospital and ambulance services.

�� (e) Vector control.

�� (f) Activities set forth in subsection (1)(a), (f), (g), (j) and (m) of this section.

�� (4) As used in subsection (3) of this section, �subdivision� means a subdivision as defined by ORS 92.010 or any contiguous group of such subdivisions that:

�� (a) Is a planned community within the meaning of ORS 94.550 without regard to whether such subdivision or group of subdivisions is subject to ORS 94.550 to 94.783;

�� (b) Is located entirely within an unincorporated area and is everywhere separated by a distance of five miles or more from an urban growth boundary described in an acknowledged comprehensive plan of a city or the urban growth boundary adopted by a metropolitan service district under ORS 268.390 (3); and

�� (c) Prior to the establishment of a service district under subsection (3) of this section, is designated a subdivision for purposes of this subsection by the governing body of the county in which the subdivision or group of subdivisions is located.

�� (5) Within the boundaries of Washington County, master plans and service districts may be established as provided by this chapter regarding water resource management services that affect the quality and quantity of water within a single watershed, basin or planning area. As used in this subsection, �water resource management services� means:

�� (a) Planning for and provision of two or more services or facilities such as sewage works, drainage works, surface water management, endangered species recovery management, water quality management, diking and flood control works, river flow management, water supply works, wastewater reuse and irrigation facilities.

�� (b) Activities ancillary to the services and facilities listed in paragraph (a) of this subsection, including facilities for the production, sale or purchase of energy when such facilities are integrated in a master plan adopted under ORS 451.120. [1963 c.515 �2; 1965 c.246 �1; 1967 c.538 �1; 1971 c.674 �1; 1971 c.687 �1; 1973 c.211 �1; 1973 c.785 �1; 1975 c.630 �1; 1977 c.60 �1; 1977 c.287 �1; 1979 c.221 �1; 1985 c.472 �1; 1987 c.525 �1; 1989 c.668 �1; 1989 c.793 �24; 1995 c.303 �2; 1999 c.166 �1; 1999 c.677 �66; 1999 c.759 �1; 2005 c.101 �1; 2005 c.510 �1; 2015 c.247 �34]

MASTER PLANS

�� 451.110 Definitions for ORS 451.110 to 451.140. As used in ORS 451.110 to 451.140, unless the context indicates otherwise:

�� (1) �County court� includes the board of county commissioners.

�� (2) �Service facilities� means public service installations, works or services provided within a county for any or all of the purposes specified in ORS 451.010. [1955 c.509 �1; 1963 c.515 �3; 1967 c.249 �1; 1973 c.785 �2]

�� 451.120 Master plans for development of service facilities. (1) The county court of any county may, for the protection of the health, safety and general welfare, prepare and adopt coordinated master plans for the development of service facilities:

�� (a) To serve unincorporated areas in the county; and

�� (b) For a service district established under ORS 451.410 to 451.600 and for which the county court serves as governing body, to serve all areas within or served by the district.

�� (2) Master plans adopted under this section shall be coordinated with the comprehensive plans of the affected cities and counties. [1955 c.509 �2; 1961 c.576 �1; 1963 c.515 �4; 1973 c.785 �3; 1989 c.429 �1]

�� 451.130 Conformity to master plan; approval. After a coordinated master plan has been adopted under ORS 451.120, the county court may enforce such plan by requiring that plans for the installation or operation of service facilities in areas under county jurisdiction outside the boundaries of cities or in areas within or served by a service district be submitted to the county court for approval, and that such installation or operation shall conform to the master plan. [1955 c.509 �3; 1961 c.576 �2; 1963 c.515 �5; 1969 c.646 �1; 1989 c.429 �2]

�� 451.140 Powers of county court under ORS 451.110 to 451.140. In carrying out the powers granted to the county court under ORS 451.110 to 451.140, the county court may:

�� (1) Conduct such surveys and investigations as may be necessary to develop coordinated master plans as provided in ORS 451.120.

�� (2) Provide for the administration and enforcement of such master plans by engineering analysis, inspection or other appropriate means.

�� (3) Enter into contracts or agreements with cities, other counties or county service districts for public transportation, the federal government, state agencies, the special districts enumerated in ORS 451.573 or any person or private corporation for a period not to exceed 30 years for the cooperative financing of the preparation and enforcement of coordinated master plans as provided in ORS 451.120 and

ORS 441.790

441.790, the commissioner shall proceed on the complaint in accordance with this section.

�� (4) The commissioner shall deem a complaint filed under subsection (2) of this section to be withdrawn if notified by an employer that:

�� (a) The employer received a grievance filed by the employee or an exclusive representative of the employee alleging the same violation as the violation alleged in a complaint filed under subsection (2) of this section; or

�� (b) The employee or the exclusive representative of the employee has filed a civil complaint against the employer alleging the same violation as the violation alleged in a complaint filed under subsection (2) of this section.

�� (5) If the commissioner receives a complaint under subsection (2)(a) of this section that was filed with the authority more than 60 days after the date of the missed meal period or missed rest period alleged in the complaint, the commissioner:

�� (a) Shall dismiss the complaint; and

�� (b) May not investigate the complaint or take any enforcement action with respect to the complaint.

�� (6)(a) Following an investigation of a complaint filed under subsection (2)(a) of this section, if the commissioner determines that a civil penalty is appropriate, the commissioner shall provide to the hospital, to the cochairs of the relevant staffing committee and to the exclusive representative, if any, of the complainant a notice, in accordance with ORS 183.415, 183.417 and 183.745, of the commissioner�s intent to assess a civil penalty of $200.

�� (b) A civil penalty imposed under this section:

�� (A) Constitutes the liquidated damages of the complainant for the missed meal period or rest period;

�� (B) May not be combined with a penalty assessed under ORS 653.256;

�� (C) Precludes any other penalty or remedy provided by law for the violation found by the commissioner; and

�� (D) Becomes final if an application for hearing is not requested in a timely manner.

�� (7)(a) The liquidated damages imposed under this section shall be paid to the complainant no later than 15 business days after the date on which the order becomes final by operation of law or 15 days after the issuance of a decision on appeal.

�� (b) A hospital shall provide to the commissioner proof of the payment of liquidated damages under paragraph (a) of this subsection no later than 30 days after making the payment.

�� (8) An employee�s failure to file a complaint under subsection (2) of this section does not preclude the employee from pursuing any other remedy otherwise available to the employee under any provision of law.

�� (9) Nothing in this section creates a private cause of action. [2023 c.507 �11]

�� 653.260 [Repealed by 1967 c.596 �15]

�� 653.261 Minimum employment conditions; overtime; rules; meal periods; exemptions; penalty. (1)(a) The Commissioner of the Bureau of Labor and Industries may adopt rules prescribing such minimum conditions of employment, excluding minimum wages, in any occupation as may be necessary for the preservation of the health of employees. The rules may include, but are not limited to, minimum meal periods and rest periods, and maximum hours of work, but not less than eight hours per day or 40 hours per workweek; however, after 40 hours of work in one workweek overtime may be paid, but in no case at a rate higher than one and one-half times the regular rate of pay of the employees when computed without benefit of commissions, overrides, spiffs and similar benefits.

�� (b) As used in this subsection, �workweek� means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements.

�� (2) Rules adopted by the commissioner pursuant to subsection (1) of this section do not apply to individuals employed by this state or a political subdivision or quasi-municipal corporation thereof if other provisions of law or collective bargaining agreements prescribe rules pertaining to conditions of employment referred to in subsection (1) of this section, including meal periods, rest periods, maximum hours of work and overtime.

�� (3) Except as provided in ORS 653.258 (2)(a), rules adopted by the commissioner pursuant to subsection (1) of this section regarding meal periods and rest periods do not apply to nurses who provide acute care in hospital settings if provisions of collective bargaining agreements entered into by the nurses prescribe rules concerning meal periods and rest periods.

�� (4)(a) The commissioner shall adopt rules regarding meal periods for employees who serve food or beverages, receive tips and report the tips to the employer.

�� (b) In rules adopted by the commissioner under paragraph (a) of this subsection, the commissioner shall permit an employee to waive a meal period. However, an employer may not coerce an employee into waiving a meal period.

�� (c) Notwithstanding ORS 653.256 (1), in addition to any other penalty provided by law, the commissioner may assess a civil penalty not to exceed $2,000 against an employer that the commissioner finds has coerced an employee into waiving a meal period in violation of this subsection. Each violation is a separate and distinct offense. In the case of a continuing violation, each day�s continuance is a separate and distinct violation.

�� (d) Civil penalties authorized by this subsection shall be imposed in the manner provided in ORS 183.745. All sums collected as penalties under this subsection shall be applied and paid over as provided in ORS 653.256 (4). [1967 c.596 �5 (2), (3); 1971 c.492 �1; 1981 c.361 �2; 1985 c.99 �9; 2001 c.466 �1; 2007 c.167 ��1,2; 2011 c.58 �1; 2017 c.685 ��6,7; 2023 c.507 �27]

�� 653.263 Overtime for persons employed by seafood processors. (1) As used in this section:

�� (a) �Seafood processor� means a cannery, drier or packing plant that processes seafood.

�� (b) �Workweek� means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements.

�� (2) An employer may not require or permit an employee employed by a seafood processor to work more than 10 hours in any one day unless the employer compensates the employee as follows:

�� (a) One and one-half times the employee�s regular rate of pay for each hour the employee works over 10 hours in any one day if the employee is an hourly employee; or

�� (b) One and one-half times the regular price for all work done during the time the employee is employed over 10 hours per day if the employee is a piece worker.

�� (3) This section does not apply to:

�� (a) An employee who is engaged in manufacturing, as defined in ORS 652.020; or

�� (b) An employee whose principal duties are administrative in nature or who does not otherwise, in the usual course of the employee�s duties, come into contact with the direct processing of goods. [2017 c.685 �10]

�� Note: 653.263 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 653.265 Overtime for persons employed in canneries, driers and packing plants; exceptions; remedies; penalties. (1) As used in this section:

�� (a) �Perishable product� means any product that may spoil, deteriorate or undergo other material changes that render it unsuitable for the use for which it was produced. �Perishable product� includes agricultural crops, meat and fish.

�� (b) �Undue hardship period� means the period of time during which perishable product must be processed after harvesting, slaughter or catch.

�� (c) �Workweek� means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements.

�� (2)(a) Except as provided in paragraphs (b) to (d) of this subsection, an employer may not require or permit an employee employed in any cannery, drier or packing plant in this state to work more than:

�� (A) 10 hours in any one day; or

�� (B) 55 hours in one workweek.

�� (b) An employer may permit an employee described in paragraph (a) of this subsection to work up to 60 hours in one workweek if the employee requests or consents in writing to work more than 55 hours in the workweek.

�� (c) Notwithstanding paragraph (b) of this subsection, during the period of time that an employer is eligible for an undue hardship period exemption under subsection (5) of this section, an employer may permit an employee described in paragraph (a) of this subsection to work:

�� (A) Up to 84 hours per workweek for four workweeks; and

�� (B) Up to 80 hours per workweek for the remainder of the undue hardship period.

�� (d) An employer may permit an employee described in paragraph (a) of this subsection to work more than 10 hours in any one day if the employer compensates the employee as follows:

�� (A) One and one-half times the employee�s regular rate of pay for each hour the employee works over 10 hours in any one day if the employee is an hourly employee; or

�� (B) One and one-half times the regular price for all work done during the time the employee is employed over 10 hours per day if the employee is a piece worker.

�� (3) An employer shall calculate an employee�s overtime on a daily basis under subsection (2)(d) of this section and on a weekly basis under ORS 653.261 (1) and pay the greater of the two amounts if, during the same workweek, the employee works more than:

�� (a) 10 hours in one day as described in subsection (1) of this section; and

�� (b) 40 hours in one workweek as described in ORS 653.261 (1).

�� (4) An employer that makes an overtime payment to an employee pursuant to subsection (3) of this section satisfies the overtime compensation requirements under this section and ORS 653.261 (1).

�� (5)(a) An employer is eligible for an undue hardship period exemption from the restrictions on work hours under subsection (2)(a) of this section if the employer, in the ordinary course of the employer�s business, processes perishable products. The undue hardship period exemption shall be effective only during an undue hardship period. An employer may be eligible for more than one undue hardship period exemption in a calendar year. However, the combined total duration of the employer�s undue hardship period exemptions may not exceed 21 workweeks in a calendar year.

�� (b) To claim an undue hardship period exemption, an employer must provide notice of the undue hardship period to the Commissioner of the Bureau of Labor and Industries and obtain written consent from each employee whom the employer will request to work more than 55 hours in any workweek during the undue hardship period.

�� (c)(A) The notice the employer sends to the commissioner under paragraph (b) of this subsection must be in a form prescribed by the commissioner by rule and include a description of the reasons for the undue hardship period, the start and expected end dates of the undue hardship period and any other information required by the commissioner.

�� (B) The employee�s written consent shall be in a form prescribed by the commissioner by rule and include:

�� (i) A description of the employer�s reasons for the undue hardship period;

�� (ii) The start and expected end dates of the undue hardship period;

�� (iii) A statement that the employer may require the employee to work up to 84 hours per workweek for up to four workweeks during the undue hardship period;

�� (iv) A statement that the employer may require the employee to work up to 80 hours per workweek for the remainder of the undue hardship period;

�� (v) A statement that the employee consents to working up to 84 hours per workweek for up to four workweeks during the undue hardship period and up to 80 hours per workweek for the remainder of the undue hardship period;

�� (vi) Contact information for the Bureau of Labor and Industries; and

�� (vii) Any other information required by the commissioner.

�� (6) An employer may not coerce an employee into consenting to work more than 55 hours in a given workweek.

�� (7) This section does not apply to:

�� (a) An employee employed in a cannery, drier or packing plant that is located on a farm and primarily processes products produced on the farm;

�� (b) An employee employed in a cannery, drier or packing plant who is engaged in manufacturing, as that term is defined in ORS 652.020;

�� (c) An employee employed by a seafood processor, as that term is defined in ORS 653.263; or

�� (d) An employee employed in a cannery, drier or packing plant whose principal duties are administrative in nature or who is not otherwise, in the usual course of the employee�s duties, engaged in the direct processing of goods.

�� (8) Subsections (2) to (6) of this section do not apply to employees who are represented by a labor organization for purposes of collective bargaining with their employer, provided limits on the required hours of work and overtime payment have been agreed to between the employer and labor organization, or if no agreement is reached, then, for the purposes of this subsection, such limits and payments shall not be deemed to be changed from the previous collective bargaining agreement between the employer and labor organization unless the employees have been locked out or are engaged in a strike or the employer has unilaterally implemented new terms and conditions of employment.

�� (9)(a) Notwithstanding ORS 653.256, in addition to any other penalty provided by law, the commissioner may assess the following civil penalties against an employer:

�� (A) $2,000 per violation if the commissioner determines the employer coerced an employee into consenting under subsection (2)(b) of this section to work more than 55 hours in any given workweek; and

�� (B) $3,000 per violation if the commissioner determines the employer coerced an employee into consenting under subsection (5) of this section to work more than 55 hours per workweek in any given workweek during an undue hardship period.

�� (b) Each violation described in paragraph (a) of this subsection is a separate and distinct offense. In the case of a continuing violation, each workweek�s continuance is a separate and distinct violation.

�� (c) Civil penalties authorized by this subsection shall be imposed in the manner provided in ORS 183.745. All sums collected as penalties under this subsection shall be applied and paid over as provided in ORS 653.256.

�� (10)(a) In addition to any other remedy provided by law, an employee has a private cause of action against an employer if the employer violates subsection (2) of this section by requiring the employee to work more than the applicable limit for the maximum allowable hours of employment in one workweek.

�� (b) If the employee prevails in an action brought under this section, the court may enter judgment against the employer for:

�� (A) Actual damages or $3,000 per claim, whichever is greater;

�� (B) Equitable relief; and

�� (C) Liquidated damages in an amount equal to twice the employee�s overtime wages earned during the period not allowed under subsection (2) of this section.

�� (c) In an action brought under this section, the court may award to the prevailing plaintiff costs, disbursements and reasonable attorney fees. Any attorney fee agreement is subject to approval by the court. [Amended by 1971 c.492 �2; 2017 c.685 ��8,9]

�� 653.268 Overtime for labor directly employed by public employers; special provisions for correctional facility nursing staff. (1) Labor directly employed by any public employer as defined in ORS 243.650 shall be compensated, if budgeted funds for such purpose are available, for overtime worked in excess of 40 hours in any one week, at not less than one and one-half times the regular rate of such employment. If budgeted funds are not available for the payment of overtime, such overtime shall be allowed in compensatory time off at not less than time and a half for employment in excess of 40 hours in any one week.

�� (2) Nothing in this section shall prevent a labor organization under the National Labor Relations Act or ORS 243.650 to 243.809 or other employees from negotiating additional overtime pay requirements with a public employer.

�� (3) Regardless of the availability of budgeted funds, if mandatory overtime is assigned, nursing staff directly employed in a correctional facility may not be required to work:

�� (a) Beyond the agreed-upon and prearranged shift, regardless of the length of the shift;

�� (b) More than 48 hours in any workweek;

�� (c) More than 12 hours in a 24-hour period; or

�� (d) During the 10-hour period immediately following the 12th hour worked during a 24-hour period.

�� (4) A correctional facility may require a nursing staff member to work up to four additional hours beyond the allowable hours of work as described in subsection (3) of this section if:

�� (a) A staff vacancy for the next shift becomes known at the end of the current shift; or

�� (b) There is a potential for harm to an assigned patient if the nursing staff member leaves the assignment or transfers care to another nursing staff member.

�� (5) Subsection (3) of this section does not apply to nursing staff members who are assigned to work mandatory overtime upon the occurrence of any of the following emergency circumstances:

�� (a) Sudden and unforeseen adverse weather conditions;

�� (b) An infectious disease epidemic suffered by correctional facility staff;

�� (c) Any unforeseen event, including security lockdown procedures, that would prevent scheduled replacement nursing staff members from approaching or entering the correctional facility; or

�� (d) Unplanned direct care nursing staff vacancies for the next shift that amount to at least 20 percent of the nursing staff scheduled for the next shift, if the correctional facility determines that the number of direct care nursing staff scheduled and available for the next shift cannot ensure the health and safety of the patients at the facility.

�� (6) As used in this section:

�� (a) �Correctional facility� means a Department of Corrections institution.

�� (b) �Nursing staff� has the meaning given that term in ORS 441.179. [Formerly 279.340; 2019 c.582 �1]

�� 653.269 Exceptions to ORS 653.268; rules. The provisions of ORS 653.268 relating to pay for overtime shall not apply to:

�� (1) Labor employed in forest fire fighting.

�� (2) Employees of any irrigation system district actually engaged in the distribution of water for irrigation or domestic use.

�� (3) Employees of a public employer, as defined in ORS 243.650, who are employed in fire protection or law enforcement activities, including security personnel in corrections institutions, as those employees and activities are defined by rule of the Commissioner of the Bureau of Labor and Industries.

�� (4) Employees of a people�s utility district organized under ORS chapter 261.

�� (5) Employees exempted from overtime:

�� (a) By a public employer as defined in ORS 243.650 because of the executive, administrative, supervisory or professional nature of their employment as the nature of such employment is defined by rule of the Commissioner of the Bureau of Labor and Industries; or

�� (b) By a collective bargaining agreement expressly waiving application of ORS 653.268.

�� (6) Employees of a public employer as defined in ORS 243.650 engaged in the operation of a hospital or an establishment that is an institution primarily engaged in the care of persons who are sick or aged or have mental illness or mental retardation and who reside on the premises if, before performance of the work and pursuant to an agreement between the employer and employee or between the employer and the bargaining representative of the employees when the employees are represented under a collective bargaining agreement, a work period of 14 consecutive days is accepted in lieu of the workweek of seven consecutive days for purposes of overtime computation and if, for the employee�s employment in excess of eight hours in any workday and in excess of 80 hours in such 14-day period, the employee receives compensation at a rate not less than one and one-half times the rate at which the employee is employed.

�� (7) Members of the organized militia while in active service of the state in accordance with ORS 399.075. [Formerly 279.342; 2007 c.70 �283; 2023 c.122 �9]

�� 653.270 [Repealed by 1967 c.596 �15]

�� 653.271 Definitions for ORS 653.271, 653.272 and 653.273. As used in this section and ORS

ORS 446.310

446.310, including but not limited to plan review and inspections, if the director determines that the municipality is willing and able to carry out the rules of the director relating to such authority, responsibilities and functions. The director shall review and monitor each municipality�s performance under this subsection. In accordance with ORS chapter 183, the director may suspend or rescind a delegation under this subsection. If it is determined that a municipality is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the director for carrying out the authority, responsibility and functions under this section.

�� (2) The director shall determine, by administrative rule, the amount of fee that the municipality may charge and retain for any function undertaken pursuant to subsection (1) of this section. The amount of the fees may not exceed the costs of administering the delegated functions. The municipality, quarterly, shall remit 15 percent of the collected fees to the director for monitoring municipal programs and for providing informational material necessary to maintain a uniform state program.

�� (3) In any action, suit or proceeding arising out of municipal administration of functions pursuant to subsection (1) of this section and involving the validity of a rule adopted by the director, the director shall be made a party to the action, suit or proceeding. [1987 c.414 �36a; 1991 c.227 �3; 2017 c.17 �40]

�� Note: 455.170 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.175 Restriction on city or county refusal of building permit in residential subdivision. (1) As used in this section:

�� (a) �Conditions of development� means requirements that, as part of a residential subdivision, a developer, declarant or owner must construct public improvements that are contained in:

�� (A) A development agreement under ORS 94.504 to 94.528;

�� (B) Conditions of approval under ORS 92.040, 215.416 or 227.175; or

�� (C) Any other agreement with, or conditional approval by, a local government.

�� (b) �Residential subdivision� means a residential development requiring a developer, declarant or owner to subdivide land, as defined in ORS 92.010, and to obtain a permit under ORS 215.416 or 227.175.

�� (c) �Substantial completion� means the city, county or other appropriate public body has inspected, tested and found acceptable under applicable code requirements, unless the parties agree to a lower standard:

�� (A) The water supply system;

�� (B) The fire hydrant system;

�� (C) The sewage disposal system;

�� (D) The storm water drainage system, excepting any landscaping requirements that are part of the system;

�� (E) The curbs;

�� (F) The demarcating of street signs acceptable for emergency responders; and

�� (G) The roads necessary for access by emergency vehicles.

�� (2) A city or county may not deny a building permit allowing the construction of residential dwellings under a residential subdivision on the basis that the conditions of development have not been met, if:

�� (a) Substantial completion of conditions of development for the residential subdivision occurs; and

�� (b) The developer, declarant or owner, to secure the completion of the remaining public improvements included as conditions of development for the residential subdivision:

�� (A) Obtains and maintains a bond; or

�� (B) Undertakes an alternative form of financial guarantee, if any, that is acceptable to, but may not be required by, the city or county.

�� (3) Subsection (2) of this section does not prevent a city or county from declining to issue certificates of occupancy for any residential dwellings if all conditions of development are not fully completed or the conditions for the release of the bond are not fulfilled. [2019 c.397 �1]

�� Note: 455.175 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.180 Restriction on city or county refusal to issue building permit. (1) A city or county shall not refuse to issue or otherwise deny a building permit, development permit, plumbing permit, electrical permit or other similar permit to any person applying for the permit solely because the applicant has contracted for the performance of services by a contractor, subcontractor, supplier or other person who is subject to the business license tax of the city or county and has failed to pay the tax when due.

�� (2) As used in this section, �business license tax� has the meaning given that term in ORS

ORS 448.273

448.273. The agreement shall remain in effect subject to annual renegotiation of the duties to be performed and the remuneration to be received by the authority except that it may be canceled by the authority, upon 90 days� notice, if at any time the federal requirements exceed the amount of federal funding and the cancellation is approved by the legislative review agency as defined in ORS 291.371 (1). [1985 c.178 �2; 2009 c.595 �857]

(Cross-Connections and Backflow Assemblies)

�� 448.278 Program for regulating cross-connections and backflow assemblies; fees. (1) The Oregon Health Authority shall establish a program for regulating cross-connections and the backflow assemblies that are part of a water system.

�� (2) The authority may assess an annual fee on community water systems for the purpose of implementing the cross-connection and backflow assembly program established pursuant to this section. The fee may not exceed:

�� (a) $30 for a water system that has 15 to 99 service connections;

�� (b) $75 for a water system that has 100 to 999 service connections;

�� (c) $200 for a water system that has 1,000 to 9,999 service connections; or

�� (d) $350 for a water system that has 10,000 or more service connections. [2005 c.806 �11; 2009 c.595 �858]

�� Note: 448.278 was added to and made a part of 448.119 to 448.285 by legislative action but was not added to any other series in ORS chapter 448. See Preface to Oregon Revised Statutes for further explanation.

�� 448.279 Certification of inspectors of cross-connections and testers of backflow assemblies; fees; rules. (1) The Oregon Health Authority by rule shall establish a certification program for persons who inspect cross-connections or test backflow assemblies. The program shall include minimum qualifications necessary for a person to be certified to:

�� (a) Conduct a cross-connection inspection; and

�� (b) Test a backflow assembly.

�� (2) Except for an employee of a water supplier as defined in ORS 448.115, a person certified under this section must:

�� (a) Become licensed as a construction contractor with the Construction Contractors Board as provided under ORS chapter 701; or

�� (b) Be employed by a landscape contracting business licensed under ORS 671.510 to 671.760.

�� (3) In conjunction with the certification program established under subsection (1) of this section, the authority may establish and collect a fee from an individual requesting certification under the program. A fee imposed under this subsection:

�� (a) Is not refundable; and

�� (b) May not exceed the cost of administering the certification program of the authority for which purpose the fee is established, as authorized by the Legislative Assembly within the budget of the authority and as the budget may be modified by the Emergency Board.

�� (4) The authority may not require a journeyman plumber licensed under ORS chapter 693 or an apprentice plumber, as defined in ORS 693.010, to obtain a certification for testing backflow assemblies under the program established under this section.

�� (5) All moneys collected by the Oregon Health Authority under this section shall be deposited in the General Fund to the credit of an account of the authority. Such moneys are continuously appropriated to the Oregon Health Authority to pay the cost of administering the certification program established pursuant to this section and the cost of administering water system cross-connection and backflow assembly programs. [1993 c.565 ��2,3; 1997 c.398 �1; 1999 c.402 �3; 2005 c.609 �9; 2005 c.736 �1; 2005 c.806 �12; 2007 c.71 �137; 2007 c.541 �4; 2009 c.595 �859]

(Civil Penalties)

�� 448.280 Civil penalties; notice. (1) In addition to any other penalty provided by law:

�� (a) Any person who violates any rule of the Oregon Health Authority relating to the construction, operation or maintenance of a water system or part thereof shall incur a civil penalty not to exceed $500 for each day of violation, except that a violation at any water system that serves more than 10,000 people shall be subject to a civil penalty not to exceed $1,000 for each day of violation.

�� (b) Any person who operates an environmental laboratory and who purports that the laboratory is accredited under the environmental laboratory accreditation program established under ORS 438.615 when the laboratory is not accredited shall incur a civil penalty in accordance with the schedule of penalties established by rule by the Director of the Oregon Health Authority, in collaboration with the accrediting authority.

�� (2) No civil penalty prescribed under subsection (1) of this section shall be imposed until the person incurring the penalty has received five days� advance notice in writing from the authority or unless the person incurring the penalty shall otherwise have received actual notice of the violation not less than five days prior to the violation for which a penalty is imposed. [1973 c.835 �174; 1975 c.254 �13; 1981 c.749 �19; 1999 c.653 �2; 1999 c.1063 �5; 2009 c.595 �860]

�� 448.285 Penalty schedule; factors to be considered in imposing penalty; rules. (1) The Director of the Oregon Health Authority shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation. No civil penalty shall exceed $500 per day, except that a violation at any water system that serves more than 10,000 people shall be subject to a civil penalty not to exceed $1,000 for each day of violation.

�� (2) The director may impose the penalty without hearing but only after the notice required by ORS 448.280 (2). In imposing a penalty pursuant to the schedule or schedules adopted pursuant to this section, the director shall consider the following factors:

�� (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

�� (b) Any prior violations of statutes, rules, orders and permits pertaining to the water system.

�� (c) The economic and financial conditions of the person incurring the penalty.

�� (3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the Oregon Health Authority considers proper and consistent with the public health and safety.

�� (4) In adopting rules or imposing penalties under this section for violations of ORS 448.280 (1)(b), the director shall collaborate with the accrediting authority. [1973 c.835 �175; 1975 c.254 �14; 1981 c.749 �20; 1999 c.653 �3; 1999 c.1063 �6; 2009 c.595 �861]

�� 448.290 Process for imposing civil penalty. (1) Civil penalties under ORS 448.285 shall be imposed as provided in ORS

ORS 448.279

448.279.

�� (g) A person that for compensation arranges, undertakes, offers to undertake or submits a bid to clean or service chimneys.

�� (h) A person that arranges for, undertakes, offers to undertake or submits a bid for the performance of restoration work as defined in ORS 701.540.

�� (6) �Developer� means a contractor that owns property or an interest in property and engages in the business of arranging for construction work or performing other activities associated with the improvement of real property, with the intent to sell the property.

�� (7)(a) �General contractor� means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises or performs in whole or part, whenever the sum of all contracts on any single property, including materials and labor, exceeds an amount established by rule by the board.

�� (b) �General contractor� does not mean a specialty contractor or a residential limited contractor.

�� (8)(a) �Home improvement� means a renovation, remodel, repair or alteration by a residential contractor to an existing owner-occupied:

�� (A) Residence that is a site-built home;

�� (B) Condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure;

�� (C) Modular home constructed off-site;

�� (D) Manufactured dwelling; or

�� (E) Floating home, as defined in ORS 830.700.

�� (b) �Home improvement� does not include a renovation, remodel, repair or alteration by a residential contractor:

�� (A) To a structure that contains one or more dwelling units and is four stories or less above grade; or

�� (B) That the residential contractor performed in the course of constructing a new residential structure.

�� (9)(a) �Home inspector� means a person who, for a fee, inspects and provides written reports on the overall physical condition of a residential structure.

�� (b) �Home inspector� does not include persons certified under ORS chapter 455 to inspect new, repaired or altered structures for compliance with the state building code.

�� (10) �Key employee� means an employee or owner of a contractor who is a corporate officer, manager, superintendent, foreperson or lead person or any other employee the board identifies by rule.

�� (11) �Large commercial structure� means a structure that is not a residential structure or small commercial structure.

�� (12) �Officer� means any of the following persons:

�� (a) A president, vice president, secretary, treasurer or director of a corporation.

�� (b) A general partner in a limited partnership.

�� (c) A manager in a manager-managed limited liability company.

�� (d) A member of a member-managed limited liability company.

�� (e) A trustee.

�� (f) A person the board defines by rule as an officer. The definition of officer adopted by board rule may include persons not listed in this subsection who may exercise substantial control over a business.

�� (13) �PEO relationship� has the meaning given that term in ORS 656.849.

�� (14) �Professional employer organization� has the meaning given that term in ORS 656.849.

�� (15) �Residential contractor� means a licensed contractor that holds an endorsement as a:

�� (a) Residential general contractor;

�� (b) Residential specialty contractor;

�� (c) Residential limited contractor;

�� (d) Residential developer;

�� (e) Residential locksmith services contractor;

�� (f) Residential restoration contractor;

�� (g) Home inspector services contractor;

�� (h) Home services contractor; or

�� (i) Home energy performance score contractor.

�� (16) �Residential developer� means a developer of property that is zoned for or intended for use compatible with a residential or small commercial structure.

�� (17)(a) �Residential structure� means:

�� (A) A residence that is a site-built home;

�� (B) A structure that contains one or more dwelling units and is four stories or less above grade;

�� (C) A condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure;

�� (D) A modular home constructed off-site;

�� (E) A manufactured dwelling;

�� (F) A floating home as defined in ORS 830.700; or

�� (G) An appurtenance to a home, structure, unit or dwelling described in subparagraphs (A) to (F) of this paragraph.

�� (b) �Residential structure� does not mean:

�� (A) Subject to paragraph (a)(C) of this subsection, a structure that contains both residential and nonresidential units;

�� (B) Transient lodging;

�� (C) A residential school or residence hall;

�� (D) A state or local correctional facility;

�� (E) A youth correction facility as defined in ORS 420.005;

�� (F) A youth care center operated by a county juvenile department under administrative control of a juvenile court pursuant to ORS 420.855 to 420.885;

�� (G) A detention facility as defined in ORS 419A.004;

�� (H) A nursing home;

�� (I) A hospital; or

�� (J) A place constructed primarily for recreational activities.

�� (18) �Responsible managing individual� means an individual who:

�� (a) Is an owner described in ORS 701.094 or an employee of the business;

�� (b) Exercises management or supervisory authority, as defined by the board by rule, over the construction activities of the business; and

�� (c)(A) Successfully completed the training and testing required for licensing under ORS 701.122 within a period the board identifies by rule;

�� (B) Demonstrated experience the board requires by rule; or

�� (C) Complied with the licensing requirements of ORS 446.395.

�� (19) �Small commercial structure� means:

�� (a) A nonresidential structure that has a ground area of 10,000 square feet or less, including exterior walls, and a height of not more than 20 feet from the top surface of the lowest flooring to the highest interior overhead finish of the structure;

�� (b) A nonresidential leasehold, rental unit or other unit that is part of a larger structure, if the unit has a ground area of 12,000 square feet or less, excluding exterior walls, and a height of not more than 20 feet from the top surface of the lowest flooring to the highest interior overhead finish of the unit;

�� (c) A nonresidential structure of any size for which the contract price of all construction contractor work to be performed on the structure as part of a construction project does not total more than $250,000; or

�� (d) An appurtenance to a structure or unit described in paragraphs (a) to (c) of this subsection.

�� (20) �Specialty contractor� means a contractor who performs work on a structure, project, development or improvement and whose operations as such do not fall within the definition of �general contractor.� �Specialty contractor� includes a person who performs work regulated under ORS 446.395.

�� (21) �Zero-lot-line dwelling� means a single-family dwelling unit constructed in a group of attached units in which:

�� (a) Each attached unit extends from foundation to roof with open space on two sides; and

�� (b) Each dwelling unit is separated by a property line.

�� 701.007 [1989 c.928 �3; repealed by 1991 c.79 �3]

�� 701.010 Exemptions from licensure; rules. The Construction Contractors Board may adopt rules to make licensure optional for persons who offer, bid or undertake to perform work peripheral to construction, as defined by administrative rule of the board. The following persons are exempt from licensure under this chapter:

�� (1) A person who is constructing, altering, improving or repairing personal property.

�� (2) A person who is constructing, altering, improving or repairing a structure located within the boundaries of any site or reservation under the jurisdiction of the federal government.

�� (3) A person who furnishes materials, supplies, equipment or finished product and does not fabricate them into, or consume them, in the performance of the work of a contractor.

�� (4) A person working on one structure or project, under one or more contracts, when the aggregate price of all of that person�s contracts for labor, materials and all other items is less than $1,000 and such work is of a casual, minor or inconsequential nature. This subsection does not apply to a person who advertises or puts out any sign or card or other device that might indicate to the public that the person is a contractor.

�� (5) An owner who contracts for work to be performed by a licensed contractor. This subsection does not apply to a person who, in the pursuit of an independent business, constructs, remodels, repairs or for compensation and with the intent to sell the structure, arranges to have constructed, remodeled or repaired a structure with the intent of offering the structure for sale before, upon or after completion. It is prima facie evidence that there was an intent of offering the structure for sale if the person who constructed, remodeled or repaired the structure or arranged to have the structure constructed, remodeled or repaired does not occupy the structure after its completion.

�� (6) An owner who contracts for one or more licensed contractors to perform work wholly or partially within the same calendar year on not more than three existing residential structures of the owner. This subsection does not apply to an owner contracting for work that requires a building permit unless the work that requires a permit is performed by, or under the direction of, a residential general contractor.

�� (7) A person performing work on a property that person owns or performing work as the owner�s employee, whether the property is occupied by the owner or not, or a person performing work on that person�s residence, whether or not that person owns the residence. This subsection does not apply to a person performing work on a structure owned by that person or the owner�s employee, if the work is performed in the pursuit of an independent business with the intent of offering the structure for sale before, upon or after completion.

�� (8) A person licensed or registered in one of the following trades or professions when operating within the scope of that license or registration:

�� (a) An architect registered by the State Board of Architect Examiners.

�� (b) A professional engineer registered by the State Board of Examiners for Engineering and Land Surveying.

�� (c) A water well contractor licensed by the Water Resources Department.

�� (d) A sewage disposal system installer licensed by the Department of Environmental Quality.

�� (e) A landscape contracting business licensed under ORS 671.510 to 671.760.

�� (f) A pesticide operator licensed under ORS 634.116 who does not conduct inspections for wood destroying organisms for the transfer of real estate.

�� (g) An appraiser certified or licensed under ORS chapter 674 or an appraiser assistant registered under ORS chapter 674 by the Appraiser Certification and Licensure Board.

�� (9) A landscape contracting business operating within the scope of a license issued under ORS

ORS 451.610

451.610.

�� (2) If the county board proceeds as provided by subsection (1)(b) of this section and the district is terminated as provided by ORS 451.577, the county board shall thereafter enter an order terminating all further proceedings under ORS 198.345 to 198.365. [1971 c.267 �12; 1977 c.774 �15; 1979 c.286 �2; 2007 c.71 �69]

�� 198.365 County board as trustees for inactive district; distribution of assets; levy of tax to meet debts; delivery of records. (1) If the county board finds that the district is not active and that there is no need for the district, the board shall thereupon constitute a board of trustees for the purpose of paying the debts and disposing of the property of the district.

�� (2) Any surplus funds and assets remaining to the credit of the district, after payment of the debts of the district, shall be credited to the county general fund available for general purposes. If the district was located in more than one county, the surplus shall be apportioned and turned over to each county in which the district was located. The funds and assets shall be apportioned according to the proportion in each county of the assessed valuation of taxable property in the district.

�� (3) If the assets of the district are insufficient to pay the debts of the district, the county board acting as a levying board for the district shall levy taxes, within the limits of the authority of the district, for the liquidation of the debts. If the only debt of the district is the cost of the proceedings conducted under ORS 198.345 to 198.365, the county shall pay the cost of the proceedings.

�� (4) When the proceedings are completed, the county board shall deliver the books and records of the district to the county clerk. [1971 c.267 �13]

RECALL

�� 198.410 Definition for ORS 198.425 and 198.430. As used in ORS 198.425 and 198.430, unless the context requires otherwise, �district officer� means a member of the governing body of a district who serves as such by virtue of election to such position. [1969 c.325 �1; 1971 c.23 �6; 1981 c.173 �2; 1983 c.83 �4]

�� 198.420 [1969 c.325 �2; repealed by 1971 c.23 �12]

�� 198.425 Recall of district officers generally. ORS 249.865 to 249.877 apply to the recall of a district officer of:

�� (1) A district defined in ORS 255.012; or

�� (2) Except as provided in ORS 545.189, an irrigation district organized under ORS chapter 545. [1981 c.173 �5; 2017 c.525 �1]

�� 198.430 Recall of officers of districts other than districts defined in ORS 255.012. (1) Before circulating a petition for recall of a district officer of a district other than a district defined in ORS 255.012, the petitioner shall file the petition with the officer with whom a petition for nomination to such office should be filed. Except as provided in this subsection, if there is no such officer or if the officer is the district officer against whom the petition is being filed, the petition shall be filed with the county clerk of the county in which the administrative office of the district is located. In the case of an irrigation district organized under ORS chapter 545, if there is no such officer or if the officer is the district officer against whom the petition is being filed, the petition shall be filed with the members of the board of directors of the irrigation district who are not subject to the recall petition.

�� (2) The petition shall be signed by a number of persons who are qualified to vote in the district, that is equal to but not less than the lesser of:

�� (a) Fifteen percent of the persons who are qualified to vote in the district, or subdivision of the district from which the district officer was elected; or

�� (b) Fifteen percent of the total votes cast in the electoral district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term.

�� (3) The circulator of the signature sheet shall certify on each sheet that the circulator:

�� (a) Witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet; and

�� (b) Believes each individual stated the correct residence address of the individual and is an individual qualified to vote in the district.

�� (4) In those districts where a person qualified to vote must be an elector, the petition, before filing, shall be submitted to the county clerk who shall compare the signatures of the persons signing the petition with the signatures of electors on the register of electors and, on the face of each signature sheet, shall make a certificate of the number of signatures the county clerk believes to be genuine. In other districts, the officer who receives the petition for filing, before filing the petition, shall verify the signatures and make a certificate of the number of signatures the officer believes to be genuine.

�� (5) The district shall pay the expense of verifying the signatures and of calling and conducting the election. The election shall be conducted in the district, or in the subdivision of the district from which the district officer was elected, in accordance with the law governing election of district officers.

�� (6) A person who is qualified to vote in a district under this section is a person who is qualified, under the law applicable to the district, to vote in an election at which members of the governing body of the district are elected.

�� (7) A recall petition is void unless the petition is filed not later than the 100th day after the date of the first signature on the petition. Not later than the 90th day after the date of the first signature, the petition shall be submitted for signature verification to the county clerk or other officer described in subsection (4) of this section who shall make the certificate of the number of genuine signatures not later than the 10th day after the date of submission. The petition must contain only original signatures. A recall petition shall not be accepted for signature verification if the petition contains less than 100 percent of the required number of signatures. A recall petition shall not be accepted for filing until 100 percent of the required number of signatures have been verified. [1969 c.325 �3; 1981 c.173 �3; 1983 c.83 �5; 1987 c.707 �2; 1999 c.144 �1; 1999 c.318 �20; 2003 c.94 �2; 2007 c.848 �19; 2017 c.525 �2]

�� 198.440 Statement of justification from affected officer. (1) A district officer against whom a recall petition has been filed may submit to the officer with whom the recall petition is filed, in not more than 200 words, a statement of justification of the district officer�s course in office. The statement must be filed not later than the fifth day after the recall petition is filed.

�� (2) The county clerk shall have the statement printed on the official and sample ballots for the recall election. [1983 c.514 �1a]

ORDINANCES AND REGULATIONS

�� 198.510 Definitions for ORS 198.510 to 198.600. As used in ORS 198.510 to 198.600, unless the context requires otherwise:

�� (1) �County� means the county in which the district, or the greater portion of the assessed value of the district, is located.

�� (2) �County board� means the board of county commissioners or the county court of the county.

�� (3) �County clerk� means the county clerk of the county.

�� (4) �District� has the meaning given that term in ORS 198.010 (2), (4), (5), (11), (12), (14), (16), (17), (19), (20) to (23), (25) to (28). In addition, �district� means any one of the following:

�� (a) A county service district organized under ORS chapter 451.

�� (b) The Port of Portland established by ORS 778.010.

�� (5) �District board� means the governing body of a district and the term includes a county board that is in the governing body of a district.

�� (6) �Presiding officer� means the chairperson, president or other person performing the office of presiding officer of the district board.

�� (7) �Principal Act� means the law, other than ORS 198.510 to 198.600, applicable to a district. [1971 c.268 �2; 2007 c.179 �5; 2007 c.562 �22b; 2009 c.584 �22; 2015 c.544 �17; 2015 c.560 �12; 2019 c.621 �30]

�� 198.520 [1971 c.268 �1; 1975 c.782 �48b; 1977 c.756 �3; 1981 c.226 �20; repealed by 2007 c.179 �9]

�� 198.530 Procedure for adopting, amending or repealing ordinances or regulations. When a district board is authorized by the principal Act of a district to enact, amend or repeal regulations, it shall do so in accordance with ORS 198.510 to 198.600. In all counties which do not provide by ordinance or charter for the manner of enacting, amending or repealing ordinances and regulations, this section applies when a county board pursuant to statute is acting as the governing body of a district. [1971 c.268 �3]

�� 198.540 Notice prior to adoption of ordinance affecting regulation. (1) Except in an emergency, an ordinance adopting, amending or repealing a regulation shall not be considered or voted upon by a district board unless the ordinance is included in the published agenda of the meeting. The agenda of a meeting shall state the time, date and place of the meeting, give a brief description of the ordinances to be considered at the meeting and state that copies of the ordinances are available at the office of the district board.

�� (2) The presiding officer shall cause the agenda to be published not more than 10 days nor less than four days before the meeting, in one or more newspapers of general circulation within the district or, if there is no such newspaper, in a newspaper of general circulation in each county in which the district is located. The presiding officer may also cause the agenda:

�� (a) To be posted in three public places within the district at least 10 days before the meeting; or

�� (b) To be published by radio and television stations broadcasting in the district as provided by ORS 193.310 and 193.320. [1971 c.268 �4]

�� 198.550 Publication of ordinance; emergency ordinance procedure. (1) Except as provided by subsection (3) of this section, before an ordinance is adopted it shall be read during regular meetings of the district board on two different days at least six days apart. The reading of an ordinance shall be full and distinct unless at the meeting:

�� (a) A copy of the ordinance is available for each person who desires a copy; and

�� (b) The board directs that the reading be by title only.

�� (2) Except as provided by subsection (3) of this section, the affirmative vote of a majority of the members of the district board is required to adopt an ordinance.

�� (3) An ordinance to meet an emergency may be introduced, read once and put on its final passage at a regular or special board meeting, without being described in a published agenda, if the reasons requiring immediate action are described in the ordinance. The unanimous approval of all members of the board at the meeting, a quorum being present, is required to adopt an emergency ordinance. [1971 c.268 �5]

�� 198.560 Filing of ordinance; notice of adoption of emergency ordinance. (1) Within seven days after adoption of an ordinance, the enrolled ordinance shall be:

�� (a) Signed by the presiding officer;

�� (b) Attested by the person who served as recording secretary of the district board at the session at which the board adopted the ordinance; and

�� (c) Filed in the records of the district.

�� (2) A certified copy of each ordinance shall be filed with the county clerk, available for public inspection.

�� (3) Within 15 days after adoption of an emergency ordinance, notice of the adoption of the ordinance shall be published as provided by ORS 198.540 (2) for notice of proposed ordinances. The notice shall:

�� (a) Briefly describe the ordinance;

�� (b) State the date when the ordinance was adopted and the effective date of the ordinance; and

�� (c) State that a copy is on file at the district office and at the office of the county clerk of the county, available for public inspection. [1971 c.268 �6]

�� 198.570 When ordinances take effect. (1) Except as provided by subsection (2) of this section, an ordinance shall take effect on the 30th day after it is adopted, unless a later date is prescribed by the ordinance. If an ordinance is referred to the electors of the district, it shall not take effect until approved by a majority of those voting on the ordinance.

�� (2) An emergency ordinance may take effect upon adoption. [1971 c.268 �7; 1983 c.350 �3]

�� 198.580 [1971 c.268 �8; repealed by 1979 c.190 �431]

�� 198.590 Petition to adopt, amend or repeal ordinance. Any interested person who is a landowner within the district or an elector registered in the district may petition the district board to adopt, amend or repeal an ordinance. Any such person may appear at any regular meeting of the board and shall be given a reasonable opportunity to be heard. [1971 c.268 �9; 1983 c.83 �6]

�� 198.600 Penalty for violation of regulations; jurisdiction; enforcement. (1) If a penalty for a violation is not otherwise provided, violation of any regulation adopted by a district board under ORS 198.510 to 198.600 is a Class C misdemeanor.

�� (2) Actions to impose punishment shall be brought in the name of the district or county, as the case may be, in any court having jurisdiction of misdemeanors under state laws. The action shall be brought in the county in which the district, or the greater portion of the area of the district, is located.

�� (3) Any peace officer may enforce an ordinance adopted under ORS 198.510 to 198.600. ORS

ORS 455.010

455.010, may not issue a building permit for the construction of a dwelling on a lot or parcel in an exclusive farm use zone without evidence that the owner of the lot or parcel upon which the dwelling is proposed to be constructed has paid the additional tax, if any, imposed by the county assessor under subsection (7)(c) of this section. [1981 c.748 �46; 1983 c.462 �14; 1983 c.570 �6; 1983 c.826 �23; 1985 c.717 �6; 1985 c.811 �6; 1987 c.305 �5; 1987 c.414 �147; 1991 c.459 �346; 1993 c.792 �27; 1993 c.801 �36a; 1999 c.314 �58; 2001 c.704 �7; 2003 c.454 �85; 2003 c.539 �19; 2003 c.621 �68; 2007 c.809 �13; 2025 c.38 �31]

�� 215.237 Events or activities conducted by winery in exclusive farm use zone or mixed farm and forest zone. If a winery sited on land zoned for exclusive farm use or mixed farm and forest use under ORS 215.452 conducts agri-tourism or other commercial events authorized in ORS 215.452 (5), the winery may not conduct agri-tourism or other commercial events or activities authorized by ORS 215.213 (11) or 215.283 (4). [2011 c.567 �3; 2013 c.554 �4]

�� Note: 215.237 to 215.239 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.238 Attorney fees in action for nuisance or trespass relating to agri-tourism event or activity. Notwithstanding ORS 30.938, in an action or claim for relief alleging nuisance or trespass and arising from a practice that is alleged by either party to be a farming or forest practice, the prevailing party is not entitled to judgment for reasonable attorney fees and costs incurred at trial and on appeal if:

�� (1) The party owns, operates or attends an agri-tourism or other commercial event or activity authorized under ORS 215.213 (11) or 215.283 (4); and

�� (2) The action or claim arises from the event or activity. [2011 c.567 �4]

�� Note: See note under 215.237.

�� 215.239 Siting of agri-tourism event or activity. The uses authorized by ORS 215.213 (11) or 215.283 (4) may be allowed on lands that are planned and zoned for exclusive farm use and designated as rural reserves under ORS 197A.235 or as urban reserves under ORS 197A.245. [2011 c.567 �5]

�� Note: See note under 215.237.

�� 215.240 [Repealed by 1963 c.619 �16]

�� 215.243 Agricultural land use policy. The Legislative Assembly finds and declares that:

�� (1) Open land used for agricultural use is an efficient means of conserving natural resources that constitute an important physical, social, aesthetic and economic asset to all of the people of this state, whether living in rural, urban or metropolitan areas of the state.

�� (2) The preservation of a maximum amount of the limited supply of agricultural land is necessary to the conservation of the state�s economic resources and the preservation of such land in large blocks is necessary in maintaining the agricultural economy of the state and for the assurance of adequate, healthful and nutritious food for the people of this state and nation.

�� (3) Expansion of urban development into rural areas is a matter of public concern because of the unnecessary increases in costs of community services, conflicts between farm and urban activities and the loss of open space and natural beauty around urban centers occurring as the result of such expansion.

�� (4) Exclusive farm use zoning as provided by law, substantially limits alternatives to the use of rural land and, with the importance of rural lands to the public, justifies incentives and privileges offered to encourage owners of rural lands to hold such lands in exclusive farm use zones. [1973 c.503 �1]

�� 215.246 Approval of land application of certain substances; subsequent use of tract of land; consideration of alternatives. (1) The uses allowed under ORS 215.213 (1)(y) and 215.283 (1)(v):

�� (a) Require a determination by the Department of Environmental Quality, in conjunction with the department�s review of a license, permit or approval, that the application rates and site management practices for the land application of reclaimed water, agricultural or industrial process water or biosolids ensure continued agricultural, horticultural or silvicultural production and do not reduce the productivity of the tract.

�� (b) Are not subject to other provisions of ORS 215.213 or 215.283 or to the provisions of ORS 215.274, 215.275 or 215.296.

�� (2) The use of a tract of land on which the land application of reclaimed water, agricultural or industrial process water or biosolids has occurred under this section may not be changed to allow a different use unless:

�� (a) The tract is included within an acknowledged urban growth boundary;

�� (b) The tract is rezoned to a zone other than an exclusive farm use zone;

�� (c) The different use of the tract is a farm use as defined in ORS 215.203; or

�� (d) The different use of the tract is a use allowed under:

�� (A) ORS 215.213 (1)(b), (d) to (f), (i) to (n), (p) to (r), (u), (w) or (x);

�� (B) ORS 215.213 (2)(a) to (c), (i), (m) or (p) to (r);

�� (C) ORS 215.213 (11);

�� (D) ORS 215.283 (1)(b), (d), (e), (h) to (L), (n) to (p), (r), (t) or (u);

�� (E) ORS 215.283 (2)(a), (j), (L) or (p) to (s); or

�� (F) ORS 215.283 (4).

�� (3) When a state agency or a local government makes a land use decision relating to the land application of reclaimed water, agricultural or industrial process water or biosolids under a license, permit or approval by the Department of Environmental Quality, the applicant shall explain in writing how alternatives identified in public comments on the land use decision were considered and, if the alternatives are not used, explain in writing the reasons for not using the alternatives. The applicant must consider only those alternatives that are identified with sufficient specificity to afford the applicant an adequate opportunity to consider the alternatives. A land use decision relating to the land application of reclaimed water, agricultural or industrial process water or biosolids may not be reversed or remanded under this subsection unless the applicant failed to consider identified alternatives or to explain in writing the reasons for not using the alternatives.

�� (4) The uses allowed under this section include:

�� (a) The treatment of reclaimed water, agricultural or industrial process water or biosolids that occurs as a result of the land application;

�� (b) The establishment and use of facilities, including buildings, equipment, aerated and nonaerated water impoundments, pumps and other irrigation equipment, that are accessory to and reasonably necessary for the land application to occur on the subject tract;

�� (c) The establishment and use of facilities, including buildings and equipment, that are not on the tract on which the land application occurs for the transport of reclaimed water, agricultural or industrial process water or biosolids to the tract on which the land application occurs if the facilities are located within:

�� (A) A public right of way; or

�� (B) Other land if the landowner provides written consent and the owner of the facility complies with ORS 215.275 (4); and

�� (d) The transport by vehicle of reclaimed water or agricultural or industrial process water to a tract on which the water will be applied to land.

�� (5) Uses not allowed under this section include:

�� (a) The establishment and use of facilities, including buildings or equipment, for the treatment of reclaimed water, agricultural or industrial process water or biosolids other than those treatment facilities related to the treatment that occurs as a result of the land application; or

�� (b) The establishment and use of utility facility service lines allowed under ORS

ORS 458.210

458.210 to 458.240, including rules to define �persons of low and moderate income.� [1989 c.1030 �6]

�� 458.240 Effect of law on other community development corporations. Nothing in ORS 456.550 and 458.210 to 458.240 shall limit the authority or powers of community development corporations authorized pursuant to ORS 708A.150. [1989 c.1030 �9; 1997 c.631 �475]

HOUSING REVITALIZATION PROGRAM

�� 458.305 Legislative findings. The Legislative Assembly finds that:

�� (1) A critical shortage exists of suitable, affordable housing for households with an income below the median income. This shortage is particularly acute with respect to rental housing.

�� (2) During the past half decade, the supply of rental housing that is affordable to households at or below the median income level has not kept pace with the demand.

�� (3) The lack of suitable, affordable housing is a barrier to Oregon�s development.

�� (4) It is in the economic and social interest of the state to encourage public agencies and private parties to efficiently expand the supply of housing in Oregon for households at or below the median income level.

�� (5) The quantity of public resources available to support the expansion and rehabilitation of low and moderate income housing stock is limited. Consequently, it is the policy of this state to attempt to target the use of these resources so that a maximum amount of usable housing product is delivered to Oregon citizens at the minimum cost required for prudent program administration. [1989 c.1016 �1]

�� 458.310 Housing revitalization program; criteria; rules. (1) The Housing and Community Services Department shall adopt rules to develop and administer a housing revitalization program for low and moderate income housing.

�� (2) Applicants for revitalization program funds shall be:

�� (a) A unit of local government;

�� (b) A housing authority;

�� (c) A nonprofit corporation; or

�� (d) An applicant eligible under paragraph (a), (b) or (c) of this subsection who contracts with another entity, including a private for-profit corporation.

�� (3) Housing revitalization projects shall bring into use vacant and abandoned property or rehabilitate substandard property, or both. Eligible project activities include, but are not limited to:

�� (a) Purchase of property;

�� (b) Rehabilitation of housing units;

�� (c) New construction to replace units for which rehabilitation is infeasible;

�� (d) Mortgage interest subsidies or reduction of principal loan amounts; or

�� (e) Other activities that have the effect of making properties available to and occupied by persons of lower income, such as loan guarantees.

�� (4) Projects funded by the housing revitalization program shall be rental or owner-occupied single or multifamily housing.

�� (5) The housing rehabilitation program shall create affordable housing in which rent levels are no higher than 30 percent of 80 percent of median income levels.

�� (6) Priority shall be given to projects applied for under subsections (1) to (5) of this section that provide opportunities for low and moderate income persons to own their housing units.

�� (7) Priority among rental housing projects shall be given to projects applied for under subsections (1) to (5) of this section that:

�� (a) Have rent levels no higher than 30 percent of 50 percent of the median income level, or less;

�� (b) Are owned and operated by a nonprofit or a governmental unit; and

�� (c) Demonstrate a coordinated local effort to integrate housing, job placement and social services.

�� (8) In implementing this section and ORS 458.305, the department shall work to ensure a reasonable geographic distribution of funds among different regions of the state and shall place special emphasis on ensuring that funds are available to projects in rural areas. [1989 c.1016 �2; 1995 c.79 �269; 2009 c.11 �64; 2015 c.180 �15; 2023 c.193 �7]

HOUSING PREDEVELOPMENT COSTS

�� 458.312 Loans for affordable housing. (1) The Housing and Community Services Department shall award loans to be used for the predevelopment costs of developing new housing.

�� (2) Eligible predevelopment costs that may be funded by loans under this section include:

�� (a) Professional services, including architectural, engineering, land use planning or legal services;

�� (b) Studies, including site feasibility, market, environmental, traffic, land, zoning, geotechnical, arborist or capital needs assessments;

�� (c) Development fees, including entitlement, permitting or state application fees;

�� (d) Community engagement efforts; or

�� (e) Other costs that can be directly connected to and assist with specific development projects and meet standards developed by the department.

�� (3) Loans provided under this section may not be used to purchase land.

�� (4) To be eligible for loans under this section, the new housing must be subject to an affordability restriction making the property affordable to rent or own by a low income household, as defined in ORS 456.270, for a minimum period as established by the department, and may include housing that is established as part of a limited equity cooperative.

�� (5) Eligible entities for a loan under this section include only recipients that are a:

�� (a) Public benefit or religious nonprofit corporation;

�� (b) Federally recognized Indian tribe operating within this state;

�� (c) Housing authority; or

�� (d) Developer that is partnering with an identified entity described under paragraphs (a) to (c) of this subsection. [2025 c.380 �2]

�� Note: Section 3, chapter 380, Oregon Laws 2025, provides:

�� Sec. 3. (1) No later than June 1, 2026, the Housing and Community Services Department shall complete any initial rulemaking to administer the loan program under section 2 of this 2025 Act [458.312] and develop the loan applications.

�� (2) In adopting rules for, and developing and implementing, the loan program under this section, the department is directed to combine the program with the existing predevelopment loan programs operated by the department, including the Predevelopment Loan Program described in OAR 813-038, but excepting any program for agricultural workforce housing. [2025 c.380 �3]

POST-DISASTER HOUSING RECOVERY

�� 458.315 Supporting residential units damaged or destroyed by disaster; contracting. (1) As used in this section:

�� (a) �Disaster� means a declared disaster or emergency, as defined in ORS 401.685, that resulted in the loss or damage of residential units.

�� (b) �Residential units� includes recreational vehicles, manufactured dwellings, prefabricated structures, small homes and dwelling units of any type.

�� (2) Notwithstanding ORS 456.559, the Housing and Community Services Department may:

�� (a) Provide loans, grants or other forms of assistance to repair, replace, rebuild or address the infrastructure needs for residential units damaged or destroyed during a disaster.

�� (b) Support residents of residential units that were damaged or destroyed during a disaster, including by providing rental assistance, down payment assistance, housing navigation assistance, intermediate housing and assistance relating to housing or recovery associated with housing loss.

�� (c) Support the acquisition of land or property for housing for communities impacted by disaster.

�� (3) The department may contract with entities to take action under this section, including directly entering into construction contracts with general contractors or others and administering loans or grants to construct or repair damaged or destroyed residential units. [2023 c.435 �2]

�� 458.317 Disaster Housing Recovery Fund. (1) The Disaster Housing Recovery Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Disaster Housing Recovery Fund shall be credited to the fund.

�� (2) The fund consists of moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise.

�� (3) Moneys in the fund are continuously appropriated to the Housing and Community Services Department to carry out the purposes of ORS 458.315. [2023 c.435 �3]

�� 458.320 Agency provision of temporary housing or resources in response to emergency. (1) As used in this section, �specified agency� means the Oregon Department of Emergency Management, the Housing and Community Services Department or the Department of Human Services.

�� (2) If a specified agency causes temporary housing to be provided to displaced individuals in response to an emergency, the specified agency shall ensure that such temporary housing is safe and that it is provided in compliance with state and federal laws relating to discrimination, including but not limited to laws relating to housing discrimination, public accommodation discrimination and discrimination in the provision of government programs and services. For purposes of this section, such temporary housing is considered to be a dwelling within the meaning of ORS 659A.421 and the Fair Housing Act, 42 U.S.C. 3602.

�� (3) If a specified agency administers the distribution of federal resources to an affected community in response to an emergency, and members of the community are ineligible for such resources for any reason, including immigration status, the specified agency may provide similar or equivalent resources to those community members, subject to the availability of funds in the budget of the specified agency. [2023 c.444 �1]

�� Note: 458.320 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 458 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 458.350 [1989 c.916 �4; 1997 c.801 �35a; repealed by 2011 c.595 �113]

MANUFACTURED DWELLINGS AND PARKS

�� 458.352 Manufactured dwelling park loan program; eligibility; reporting. (1) As used in this section:

�� (a) �Average income� means an income that complies with income restrictions determined at the advice and consent of the Oregon Housing Stability Council, but not to exceed the greater of 100 percent of the statewide or local area median income adjusted for household size as determined annually by the Housing and Community Services Department using United States Department of Housing and Urban Development information.

�� (b) �Manufactured dwelling park� has the meaning given that term in ORS 446.003.

�� (c) �Nonprofit corporation� means a corporation that is exempt from income taxes under section 501(c)(3) or (4) of the Internal Revenue Code as amended and in effect on December 31, 2016.

�� (2) The Housing and Community Services Department shall provide one or more loans to nonprofit corporations to create manufactured dwelling park preservation and development programs that invest in, and provide loans for, the preservation, development and expansion of affordable manufactured dwelling parks in this state, including through:

�� (a) The repair or reconstruction of parks destroyed by natural disasters; or

�� (b) The acquisition and development of land for parks or for the expansion of parks in areas that have been affected by a natural disaster.

�� (3) To be eligible for a loan under this section, a nonprofit corporation shall demonstrate to the satisfaction of the department that the nonprofit corporation:

�� (a) Is a community development financial institution operating statewide to support investment in, and acquisition, renovation and construction of, affordable housing;

�� (b) Has the ability and capacity to provide the services and reporting required of the program described in subsections (4) and (6) of this section; and

�� (c) Meets other requirements established by the department regarding financial risk and availability or accessibility of additional resources.

�� (4) An eligible nonprofit corporation, with input from the department, shall develop a manufactured dwelling park development and preservation program that:

�� (a) Invests in, and loans funds to, other nonprofit corporations, housing authorities, manufactured dwelling park nonprofit cooperatives as defined in ORS 62.803, local units of government as defined in ORS 466.706, agencies as defined in ORS

ORS 468A.005

468A.005;

�� (C) The substantial reduction or elimination of or redesign to eliminate noise pollution or noise emission sources as defined by rule of the Environmental Quality Commission;

�� (D) The use of a material recovery process which obtains useful material from material that would otherwise be solid waste as defined in ORS 459.005, hazardous waste as defined in ORS 466.005, or used oil as defined in ORS 459A.555; or

�� (E) The treatment, substantial reduction or elimination of or redesign to treat, substantially reduce or eliminate hazardous waste as defined in ORS 466.005.

�� (2)(a) As used in ORS 468.155 to 468.190, �pollution control facility� or �facility� includes a nonpoint source pollution control facility.

�� (b) As used in this subsection, �nonpoint source pollution control facility� means a facility that the Environmental Quality Commission has identified by rule as reducing or controlling significant amounts of nonpoint source pollution.

�� (3) As used in ORS 468.155 to 468.190, �pollution control facility� or �facility� does not include:

�� (a) Air conditioners;

�� (b) Septic tanks or other facilities for human waste;

�� (c) Property installed, constructed or used for moving sewage to the collecting facilities of a public or quasi-public sewerage system;

�� (d) Any distinct portion of a pollution control facility that makes an insignificant contribution to the principal or sole purpose of the facility including the following specific items:

�� (A) Office buildings and furnishings;

�� (B) Parking lots and road improvements;

�� (C) Landscaping;

�� (D) External lighting;

�� (E) Company or related signs; and

�� (F) Automobiles;

�� (e) Replacement or reconstruction of all or a part of any facility for which a pollution control facility certificate has previously been issued under ORS 468.170, except:

�� (A) If the cost to replace or reconstruct the facility is greater than the like-for-like replacement cost of the original facility due to a requirement imposed by the department, the federal Environmental Protection Agency or a regional air pollution authority, then the facility may be eligible for tax credit certification up to an amount equal to the difference between the cost of the new facility and the like-for-like replacement cost of the original facility; or

�� (B) If a facility is replaced or reconstructed before the end of its useful life then the facility may be eligible for the remainder of the tax credit certified to the original facility;

�� (f) Asbestos abatement; or

�� (g) Property installed, constructed or used for cleanup of emergency spills or unauthorized releases, as defined by the commission. [Formerly 449.605; 1975 c.496 �1; 1977 c.795 �1; 1979 c.802 �1; 1983 c.637 �1; 1987 c.596 �4; 1989 c.802 �4; 1999 c.826 �1]

�� 468.160 Policy. In the interest of the public peace, health and safety, it is the policy of the State of Oregon to assist in the prevention, control and reduction of air, water and noise pollution and solid waste, hazardous wastes and used oil in this state by providing tax relief with respect to Oregon facilities constructed to accomplish such prevention, control and reduction. [Formerly 449.615; 1975 c.496 �2; 1977 c.795 �2; 1979 c.802 �2]

�� 468.163 Commencement of construction or installation of facility. For purposes of ORS 468.155 to

ORS 468A.180

468A.180 in 1991]

ECOSYSTEM SERVICES

�� 468.581 Definitions for ORS 468.581 to 468.587. As used in ORS 468.581 to 468.587:

�� (1) �Adaptive management mechanisms� means the processes of implementing programs in a scientifically based, systematically structured approach that tests and monitors assumptions and predictions in management activities and then uses the resulting information to improve programs and management activities.

�� (2) �Ecological values� means clean air, clean and abundant water, fish and wildlife habitat and other values that are generally considered public goods.

�� (3) �Ecosystem services� means the benefits that human communities enjoy as a result of natural processes and biological diversity.

�� (4) �Ecosystem services market� means a system in which providers of ecosystem services can access financing to protect, restore and maintain ecological values, including the full spectrum of regulatory, quasi-regulatory and voluntary markets.

�� (5) �Payment for ecosystem services� means arrangements through which the beneficiaries of ecosystem services pay back the providers of ecosystem services. [2009 c.808 �1; 2013 c.1 �70]

�� Note: 468.581 to 468.587 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 468.583 Policy. It is the policy of this state to support the maintenance, enhancement and restoration of ecosystem services throughout Oregon, focusing on the protection of land, water, air, soil and native flora and fauna. [2009 c.808 �2]

�� Note: See note under 468.581.

�� 468.585 Legislative findings. The Legislative Assembly finds that:

�� (1) Maintaining sustainable rural and urban landscapes is important for the quality of life of all Oregonians. Sustainable forestry, agriculture and ranching practices can help to maintain and restore the vitality of Oregon�s communities while also helping to preserve Oregon�s natural landscapes and ecosystems. It is necessary to assist landowners in gaining access to additional sources of revenue such as emerging ecosystem services markets and to help landowners diversify their incomes, improve the ecological functions of their lands and pass along their lands and the lands� associated benefits to future generations.

�� (2) Employment and economic opportunities are important to Oregonians in order to maintain a high quality of life and prosperity. A scarcity of land that is available for development is a significant limiting factor in some regions of Oregon. Oregon needs a system that will provide assurances that development will occur in suitable locations so that ecological values will be maintained and improve.

�� (3) Many different local, state and federal agencies and the private sector have obligations to protect natural resources, to regulate the use of natural resources and to promote economic development while also minimizing adverse impacts to natural resources. However, these efforts are generally fragmented and uncoordinated and often work at cross-purposes.

�� (4) Oregon�s natural resources, and the ways these natural resources are used, are important to Oregonians. These natural resources include native flora and fauna. These natural resources provide food and shelter, flood control, water filtration, clean air, fish and wildlife habitat, recreational opportunities, aesthetic benefits, jobs and a high quality of life for all Oregonians. Science has demonstrated the importance of these natural resources to our daily lives. The adverse impacts of climate change may stress some natural resources to the point that they no longer provide ecosystem services. It is necessary to improve the overall health of our natural resources in order to maintain these resources for present and future generations.

�� (5) The conservation and restoration of ecosystem services will help avoid carbon emissions, help address impacts associated with climate change and help natural resources adapt to these impacts. New or improved regulatory schemes and increased public awareness will make additional natural resources available to protect and enhance ecosystem services. Oregon has the opportunity to become a leader in developing and improving the ecological effectiveness and economic viability of payments for ecosystem services.

�� (6) Given appropriate oversight, ecosystem services markets can save money, lead to more efficient, innovative and effective restoration actions than pure regulatory approaches and facilitate improved integration of public and private investment. [2009 c.808 �3]

�� Note: See note under 468.581.

�� 468.587 State agencies and ecosystem services. (1) State agencies are encouraged to adopt and incorporate adaptive management mechanisms in their programs in order to support the maintenance, restoration and enhancement of ecosystem services.

�� (2) State agencies are encouraged to use ecosystem services markets as a means to meet mitigation needs, after carefully avoiding the most sensitive resources and minimizing adverse impacts where development occurs. When a state agency adopts a strategy or a decision that calls for the mitigation of potentially adverse environmental consequences, the state agency must consider mitigation strategies that recognize the need for biological connectivity and the overall ecological viability of restoration efforts at a landscape scale rather than exercise an automatic preference for on-site, in-kind mitigation. [2009 c.808 �4]

�� Note: See note under 468.581.

�� 468.600 [1975 c.366 �1; renumbered

ORS 468A.992

468A.992 is exempt from ad valorem property taxation. [2001 c.753 �18]

�� 307.394 Farm machinery and equipment and related property used or held for use for agricultural, horticultural or animal husbandry purposes; exclusion of land and buildings. (1) The following property is exempt from ad valorem property taxation:

�� (a) Farm machinery and equipment used or held for use primarily in the preparation of land or the planting, raising, cultivating, irrigating, harvesting or placing in storage of farm crops;

�� (b) Farm machinery and equipment used or held for use primarily for the purpose of:

�� (A) Feeding or breeding livestock, poultry, fur-bearing animals or bees;

�� (B) The management and sale of livestock, poultry, fur-bearing animals or bees or their produce; or

�� (C) Dairying and the sale of dairy products;

�� (c) Machinery and equipment used or held for use primarily to implement a remediation plan as defined in ORS 308A.053 for the period of time for which the remediation plan is certified; or

�� (d) Farm machinery and equipment used or held for use primarily in any other agricultural or horticultural use or animal husbandry or any combination of these activities.

�� (2)(a) Items of property, including tools and machinery and equipment that are used or held for use primarily in the construction, reconstruction, maintenance, repair, support or operation of farm machinery, and equipment and other real or personal farm improvements that are used or held for use primarily in animal husbandry, agricultural or horticultural activities, or any combination of these activities, are exempt from ad valorem property taxation.

�� (b) An item of property described in paragraph (a) of this subsection is exempt from ad valorem property taxation only if the person that owns, possesses or controls the item also:

�� (A) Owns, possesses or controls the farm machinery, equipment and other real and personal farm improvements for which the item is used or held for use; and

�� (B) Carries on the animal husbandry, agricultural or horticultural activity, or combination of activities, in which the farm machinery, equipment or other real and personal farm improvements are used or held for use.

�� (c) This subsection does not apply to land or buildings. [2001 c.753 �15; 2009 c.776 �8; 2024 c.83 �1]

�� 307.395 [1971 c.141 ��1,2; 1983 c.740 �87; repealed by 1991 c.459 �81]

�� 307.397 Certain machinery and equipment used in agricultural, aquacultural or fresh shell egg industry operations. (1) The following items of real property machinery and equipment or tangible personal property are exempt from ad valorem property taxation:

�� (a) Frost control systems used in agricultural or horticultural activities carried on by the farmer;

�� (b) Trellises used for hops, beans or fruit or for other agricultural or horticultural purposes;

�� (c) Hop harvesting equipment, including but not limited to hop pickers;

�� (d) Oyster racks, trays, stakes and other in-water structures used to raise bivalve mollusks; or

�� (e) Equipment used for the fresh shell egg industry that is directly related and reasonably necessary to produce, prepare, package and ship fresh shell eggs from the place of origin to market, whether bolted to the floor, wired or plumbed to interconnected equipment, including but not limited to grain bins, conveyors for transporting grain, grain grinding machinery, feed storage hoppers, cages, egg collection conveyors and equipment for washing, drying, candling, grading, packaging and shipping fresh shell eggs.

�� (2) A real property building, structure or improvement is exempt from ad valorem property taxation if it:

�� (a) Is used primarily to grow plants for agricultural or horticultural production;

�� (b) Is covered with polyethylene, fiberglass, corrugated polycarbonate acrylic or any other transparent or translucent material designed primarily to allow passage of solar heat and light; and

�� (c) Does not have a permanent heat source other than radiant heating provided by direct sunlight. [2001 c.753 �16; 2009 c.776 �11]

�� 307.398 Irrigation equipment. (1) Center pivots, wheel lines or movable set lines are exempt from ad valorem property taxation.

�� (2) As used in this section:

�� (a) �Center pivot� means a piece of self-propelled machinery that rotates around a riser for the purpose of sprinkling a circular tract of land. �Center pivot� includes all of the component parts of the center pivot irrigation system that are ordinarily located above the ground on the land to be irrigated and that can be disconnected from the riser and moved to another point. A center pivot constitutes personal property.

�� (b) �Center pivot irrigation system� means an irrigation system that uses pumping stations and pipelines to convey water from its source to a riser to which a center pivot may be connected and used for sprinkling.

�� (c) �Riser� means a pipe located in the field to be irrigated that rises vertically through the surface of the ground. [2001 c.753 �17]

(Inventory)

�� 307.400 Inventory. Items of tangible personal property consisting of inventory, including but not limited to materials, supplies, containers, goods in process, finished goods and other personal property owned by or in possession of the taxpayer, that are or will become part of the stock in trade of the taxpayer held for sale in the ordinary course of business, are exempt from ad valorem property taxation. [Formerly

ORS 477.304

477.304; 1967 c.429 �50; 1993 c.430 �2; 1997 c.274 �32]

�� 477.715 [1965 c.253 �129; repealed by 1971 c.743 �432]

�� 477.720 Accidentally setting fire to forestland; failure to prevent spread. (1) It is unlawful, having accidentally set fire to any forestland, or any place from which fire may be communicated to forestland, to fail to extinguish the fire or use every possible effort so to do.

�� (2) It is unlawful, having built a fire on or near forestland, through carelessness or neglect to permit the fire to spread to or through the forestland. [1965 c.253 �130]

�� 477.730 [Formerly 477.306; repealed by 1971 c.743 �432]

�� 477.735 [Formerly 477.308; 1971 c.743 �389; repealed by 1987 c.905 �37]

�� 477.740 Unlawful use of fire. A person commits the offense of unlawful use of fire if the person:

�� (1) In the ignition of a fire:

�� (a) Unlawfully sets on fire, or causes to be set on fire, any grass, grain, stubble or other material being or growing on any lands within the state;

�� (b) Intentionally or negligently allows fire to escape from the person�s own land, or land of which the person is in possession or control; or

�� (c) Accidentally sets any fire on the person�s own land or the land of another and allows it to escape from control without extinguishing it, or making a bona fide effort to do so.

�� (2) Having knowledge of a fire burning on the person�s own land, or land of which the person is in possession or control, fails or neglects to make a bona fide effort to extinguish the same, regardless of whether or not the person is responsible for the starting or existence thereof. [1971 c.743 �307; 1993 c.697 �7; 1997 c.274 �33]

�� 477.745 Liability of parents for costs of suppressing fire caused by minor child. (1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for costs incurred by the forester in suppressing fires on forestland caused by such minor child. However, a parent who is not entitled to legal custody of the minor child at the time of the fire shall not be liable for such damages.

�� (2) The legal obligation of the parent or parents of an unemancipated minor child to pay damages under this section shall be limited to not more than $5,000 payable to the forester for one or more acts.

�� (4) Nothing in subsections (1) to (3) of this section applies to:

�� (a) Foster parents.

�� (b) Parents who have filed a petition for the unemancipated minor child under ORS 419B.809. [1995 c.605 �6; 2001 c.622 �52]

�� 477.747 Policies and plans for restoration of burned forestland. The State Forestry Department, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of State Lands and any other state agency with oversight responsibilities for state forestlands shall promote the effective use of state resources by adopting and implementing policies and management plans to begin efforts to restore and recover forestlands burned by fire so that social, economic and environmental values are not lost due to delay. These agencies shall coordinate, to the extent needed, to promote the efficient use of state resources in developing their fire restoration and recovery policies and plans. The Oregon Department of Administrative Services may assist state agencies under this section in developing contract and other procedures to expedite restoration and recovery efforts. The Oregon Department of Administrative Services shall provide appropriate contracting assistance and exceptions as may be necessary to expedite restoration and recovery efforts. [2003 c.456 �1]

�� Note: 477.747 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 477 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 477.748 Small forestland grant program. (1) As used in this section, �small forestland owner� means an individual, group, federally recognized Indian tribe in Oregon or association that owns:

�� (a) Up to 160 acres of nonindustrial private forestland west of the crest of the Cascade Mountains; or

�� (b) Up to 640 acres of nonindustrial private forestland east of the crest of the Cascade Mountains.

�� (2) The State Forestry Department shall establish a small forestland grant program for the purpose of providing grants, on a competitive basis, to support small forestland owners in reducing wildfire risk through the restoration of landscape resiliency and the reduction of hazardous fuels on the owners� property.

�� (3) In consultation with partners and stakeholders, the department shall set criteria for assessing grant applications and awarding grants. The criteria may include, but need not be limited to:

�� (a) Owner commitment to maintaining fuel reduction treatments.

�� (b) Owner possession of a forest management plan.

�� (c) Project proximity to current or past fuel mitigation efforts, supported by any owner or funding source, that would contribute to cross-boundary, landscape-scale forest resiliency.

�� (d) Whether the project addresses additional resource concerns, such as insect and disease management.

�� (e) Whether critical facilities and infrastructure may receive enhanced protection due to project outcomes. [2021 c.592 �24; 2023 c.611 �12; 2025 c.590 �19]

�� Note: 477.748 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 477 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

OREGON FOREST LAND

PROTECTION FUND

�� 477.750 Oregon Forest Land Protection Fund; source; use. (1) The Oregon Forest Land Protection Fund is created, separate and distinct from the General Fund.

�� (2) The Oregon Forest Land Protection Fund shall be held by the State Treasurer as a trust fund for the uses and purposes provided in ORS 477.750 to 477.775.

�� (3) The State Treasurer shall deposit and invest moneys in the fund as provided by law, taking into account its uses and purposes. Interest earned by the fund shall be credited to the fund. If reimbursements are made for payments from the Oregon Forest Land Protection Fund, such reimbursements shall be credited to the fund.

�� (4) Notwithstanding any other law and as limited by ORS 477.750 to 477.775, that part of the suspense account created by ORS 321.145 that is derived from the tax levied by ORS 321.015 (2) after refunds and other costs permitted by law, shall be credited to the Oregon Forest Land Protection Fund. [1969 c.524 �2; 1983 c.16 �3; 1985 c.759 �33; 1989 c.769 �12; 1989 c.966 �57; 2025 c.581 �24]

�� 477.755 Appropriation of fund; limitation on expenditures. (1) As used in this section, �annual expenditure� means the expenses of the Oregon Forest Land Protection Fund obligated in any 12-month period, consistent with the fiscal year budgeting of the State Forestry Department.

�� (2) Notwithstanding ORS 291.238, the moneys in the Oregon Forest Land Protection Fund are continuously appropriated to the Emergency Fire Cost Committee for the purposes of:

�� (a) Making payments for the fiscal year budgets of forest protection districts, but not for centralized administration costs;

�� (b) Paying necessary expenses, not to exceed the limit authorized by the Legislative Assembly each biennium;

�� (c) Paying for nonroutine purchases of supplemental fire prevention, detection or suppression resources that will enhance the ability of the forester to perform fire protection responsibilities within a forest protection district; and

�� (d) Issuing loans to the department or forest protection associations that relate to necessary wildfire costs. [1969 c.524 �3; 1989 c.23 �1; 1991 c.639 �5; 2003 c.685 ��4,9; 2005 c.802 ��11,12; 2013 c.619 ��1,2,3; 2025 c.581 �25]

�� 477.760 Rules for administration of fund; annual determination of fund balance. The Emergency Fire Cost Committee shall:

�� (1) Adopt rules relating to the administration of the Oregon Forest Land Protection Fund.

�� (2) Annually determine the unencumbered balance of the fund as of the end of the preceding calendar year. [1969 c.524 �4; 1985 c.158 �1; 1985 c.759 �34; 1989 c.769 �4; 1991 c.639 �6; 1993 c.653 �21; 2003 c.685 ��5,10; 2005 c.802 ��13,14; 2025 c.581 �26]

�� 477.765 [1969 c.524 �5; repealed by 1985 c.759 �40]

�� 477.770 Rules relating to use of fund. In addition to rules adopted under ORS 477.760, the Emergency Fire Cost Committee shall adopt rules relating to the disposition of moneys from the Oregon Forest Land Protection Fund. The rules may:

�� (1) Set forth a process for reviewing the disbursement of moneys from the fund; and

�� (2) Establish best practices for reviewing forest protection district budgets and emergency fire suppression costs. [1969 c.524 �6; 1977 c.182 �3; 1981 c.321 �5; 2007 c.847 �3; 2025 c.581 �26a]

�� 477.775 Emergency fire suppression costs insurance; considerations. (1) At the first regularly scheduled meeting of the Emergency Fire Cost Committee in a calendar year, the committee and the State Forester shall consult regarding the purchase of emergency fire suppression costs insurance and the level of coverage to purchase for the fire season of that year.

�� (2) In determining whether the purchase of insurance is advisable, the State Forester and the committee shall consider:

�� (a) The cost, coverage and deductible of insurance available from private insurance carriers;

�� (b) The funding available for fire suppression;

�� (c) The current condition of forests;

�� (d) Long-term weather predictions;

�� (e) Available fire fighting resources; and

�� (f) Available funds for the purchase of insurance.

�� (3) If the State Forester decides to purchase insurance, the State Forester shall purchase insurance through the Oregon Department of Administrative Services. The insurance may be obtained through negotiation or competitive bids, whichever is in the best interest of this state. [1969 c.524 �10; 1985 c.158 �2; 1989 c.91 �1; 1989 c.769 �11; 1991 c.639 �7; 2005 c.802 �15; 2025 c.581 �27]

�� 477.777 Agency request budget; expenditures; report. (1) As part of the preparation of the agency request budget submitted to the Oregon Department of Administrative Services pursuant to ORS 291.208 for the State Forestry Department, the State Forester shall prepare, in addition to any amounts budgeted for forest protection districts pursuant to ORS 477.205 to

ORS 479.910

479.910, 480.630, 693.060, 693.103 or 693.111 must wear and visibly display an identification badge indicating the person�s current license status while performing work for which the license is required. The authority that licenses the person shall specify the size and content of the identification badge and may establish such other specifications as the authority deems appropriate.

�� (2) Subsection (1) of this section does not apply if wearing or displaying the identification badge may create a danger to the public health or to the safety of the person or the public.

�� (3) This section does not require the display of a contractor or business license. [2003 c.675 �62; 2005 c.758 �21]

�� Note: 455.415 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.417 Provision of electric service capacity for charging electric vehicles in newly constructed buildings; requirements; exemptions; rules. (1) As used in this section:

�� (a) �Electric vehicle charging station� means a device or facility for delivering electricity for motor vehicles that use electricity for propulsion.

�� (b) �Municipality� has the meaning given that term in ORS 455.010.

�� (c) �Provisions for electrical service capacity� means:

�� (A)(i) Building electrical service, sized for the anticipated load of electric vehicle charging stations, that has overcurrent devices necessary for electric vehicle charging stations or has adequate space to add the overcurrent devices;

�� (ii) Designated space within a building to add electrical service with capacity for electric vehicle charging stations; or

�� (iii) A designated location on building property, in or adjacent to a landscaped area, for installing remote service for electric vehicle charging stations; and

�� (B) A conduit system installed from building electrical service, or from the dedicated spaces or locations described in subparagraph (A) of this paragraph, to parking spaces that can support, at a minimum, electrical wiring for installation of level 2 electric vehicle charging stations and, if the conduit is for future installation of electric vehicle charging stations, that labels both ends of the conduit to mark the conduit as provided for future electric vehicle charging stations.

�� (d) �Townhouse� has the meaning given that term in ORS 197A.420.

�� (2) The Director of the Department of Consumer and Business Services shall adopt amendments to the state building code to require newly constructed buildings described in subsection (3)(a) of this section to include provisions for electrical service capacity for charging electric vehicles. The code must require that each building include, at a minimum, provisions for electrical service capacity at no less than 20 percent of the vehicle parking spaces in the garage or parking area for the building. Fractional numbers derived from a calculation of the vehicle parking spaces must be rounded up to the nearest whole number.

�� (3)(a) The director shall make code requirements under subsection (2) of this section applicable only to:

�� (A) Commercial buildings under private ownership;

�� (B) Multifamily residential buildings with five or more residential dwelling units; and

�� (C) Mixed-use buildings consisting of privately owned commercial space and five or more residential dwelling units.

�� (b) The director may not make code requirements under subsection (2) of this section applicable to townhouses.

�� (4) Notwithstanding ORS 455.040, a municipality may, by process concerning land use, require that each newly constructed building described in subsection (3)(a) of this section include provisions for electrical service capacity to accommodate more than 20 percent of vehicle parking spaces in the garage or parking area for the building. [2021 c.152 �1]

�� Note: 455.417 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.418 Integration of buildings with community microgrids; rules. (1) As used in this section:

�� (a) �Community microgrid� means a microgrid that is located within a geographical area that a local government designates as a microgrid zone under ORS 197.729.

�� (b) �Microgrid� means a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that functions as a single controllable system, irrespective of whether the microgrid is operating independently of or in conjunction with an electric grid.

�� (2) The Department of Consumer and Business Services shall adopt rules to the state building code that support the integration of buildings with community microgrids. [2025 c.472 �5]

�� Note: 455.418 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.420 Individual electric meters required in multifamily residential buildings; exceptions; standards. (1) Each individual dwelling unit in a multifamily residential building constructed after October 4, 1977, shall have installed a separate, individual electrical meter for each such dwelling unit except where a building inspector certified under ORS 455.715 to 455.740 determines that pursuant to standards adopted by the Director of the Department of Consumer and Business Services the installation of a single, central electrical meter for all the dwelling units in such building would facilitate an overall reduction in electrical consumption by such units.

�� (2) For the purpose of carrying out the provisions of subsection (1) of this section, the director, based on recommendations of the Residential and Manufactured Structures Board, shall adopt by rule standards for determining whether the installation of a single electrical meter for all dwelling units in a multifamily residential building facilitates an overall reduction in electrical consumption by such units. [Formerly 456.763; 1993 c.744 �94; 2003 c.675 �27; 2009 c.567 �18]

�� 455.422 New construction; recycling containers. (1) Each multifamily residential dwelling with more than 10 individual residential units that is constructed after October 4, 1997, should include adequate space and access for collection of containers for solid waste and recyclable materials.

�� (2) Each commercial building and each industrial and institutional building that is constructed after October 4, 1997, should include adequate space and access for collection of containers for solid waste and recyclable materials.

�� (3) As used in this section, �commercial,� �recyclable material� and �solid waste� have the meanings given in ORS 459.005. [Formerly 215.620]

�� Note: 455.422 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.425 Low-income elderly housing multiservice rooms required; standards; exceptions. (1) Any low-income housing for the elderly on which construction begins after January 1, 1978, and which is financed in whole or in part by federal or state funds shall contain a multiservice room adequate in size to seat all of the tenants.

�� (2) The Director of the Department of Consumer and Business Services shall adopt rules, in accordance with the applicable provisions of ORS chapter 183, establishing standards and specifications for low-income elderly housing multiservice rooms required under subsection (1) of this section. In development of standards and specifications, the director may take into account any standards or specifications established pursuant to any federal program under which the construction of such housing is funded.

�� (3) No housing described in subsection (1) of this section that contains 20 or fewer units is required to provide a multiservice room. [Formerly 456.772; 1991 c.67 �127]

�� 455.427 Prohibition of certain refrigerants. The Department of Consumer and Business Services may not prohibit in the state building code the use of refrigerants listed as of January 1, 2022, under regulations adopted under 42 U.S.C. 7671k as safe alternatives to Class I and Class II substances if the safe alternatives are installed in accordance with applicable rules or regulations. [2021 c.165 �2]

�� Note: 455.427 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.430 Reciprocity for prefabricated structures. If the Director of the Department of Consumer and Business Services determines that the standards for prefabricated structures prescribed by statute, rule or regulation of another state are at least equal to the regulations prescribed under this chapter, and that such standards are actually enforced by such other state, the director may provide by regulation that prefabricated structures approved by such other state shall be deemed to have been approved by the director. [Formerly 456.880]

�� 455.433 Adoption of wildfire hazard mitigation code standards for new buildings; rules. (1) The Department of Consumer and Business Services shall adopt the wildfire hazard mitigation code standards of section R327 of the 2023 Oregon Residential Specialty Code.

�� (2) The department shall by rule create a process for municipalities to adopt the wildfire hazard mitigation code standards referenced in subsection (1) of this section. The process must include a requirement that a municipality notify the department when the municipality has adopted these standards.

�� (3) The wildfire hazard mitigation code standards referenced in subsection (1) of this section may only be applied to new construction of new buildings.

�� (4) The department may not require a local government to adopt code standards that are described in this section. [2025 c.590 �7]

�� Note: 455.433 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.440 When site soil analysis required; filing of report and notice; duty of transferor of property; effect of failure to comply. (1) If a city, county or government agency requires a site soil analysis and site recommendation report as a condition of approval for issuance of a building permit for a residence for human habitation, and the analysis and report identify the presence of highly expansive soils, then prior to issuance of the building permit the city, county or government agency shall:

�� (a) Include a copy of that report with the construction plans filed with the building permit issuing agency; and

�� (b) Record, in the County Clerk Lien Record in the county in which the property is located, a notice containing:

�� (A) The legal description of the property; and

�� (B) An informational notice in substantially the following form:

This property has been identified as having highly expansive soils. This condition may create special maintenance requirements. Before signing or accepting any instrument transferring title, persons acquiring title should check with the appropriate planning or building department.

�� (2) No action may be maintained against a city, county or government agency for failing to meet the requirements of subsections (1) and (2) of this section.

�� (3) If a report described in subsections (1) and (2) of this section identifies the presence of highly expansive soils, the first transferor shall supply to the first transferee written suggestions for care and maintenance of the residence to address problems associated with highly expansive soils.

�� (4) If the first transferor violates the provisions of subsection (3) of this section, the first transferee shall have a cause of action to recover damages of $750 from the first transferor. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1989 c.1026 ��1,2,3; 1995 c.618 �71]

�� Note: 455.440 and 455.445 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.445 Indoor air quality standards for public areas and office workplaces. (1) After considering the recommendations of the Indoor Air Pollution Task Force, and as expeditiously as possible, the Director of the Department of Consumer and Business Services shall adopt ventilation standards for public areas and office workplaces that are at least equivalent to the most recent, nationally recognized ventilation standards generally accepted and in use throughout the United States.

�� (2) The director shall adopt building codes and building product standards to protect the indoor air quality of private residences but only as necessary to address serious or unique indoor air quality problems in Oregon when federal statutes, regulations and national codes fail to address building product and building code related indoor air quality problems.

�� (3) As expeditiously as possible, the director shall consider for adoption the ventilation standards recommended by the Indoor Air Pollution Task Force. [1989 c.1070 �10]

�� Note: See note under 455.440.

�� 455.446 Tsunami inundation zone; rules. (1) The State Department of Geology and Mineral Industries shall establish the parameters of the area of expected tsunami inundation based on scientific evidence that may include geologic field data and tsunami modeling.

�� (2) The governing board of the State Department of Geology and Mineral Industries, by rule, shall determine the tsunami inundation zone based on the parameters established by the department. [1995 c.617 �2; 2005 c.22 �329; 2007 c.354 �31; 2019 c.502 �2]

�� Note: 455.446 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.447 Regulation of certain structures vulnerable to earthquakes and tsunamis; rules. (1) As used in this section, unless the context requires otherwise:

�� (a) �ASCE� means the American Society of Civil Engineers.

�� (b) �ASCE 7� means the ASCE Minimum Design Loads and Associated Criteria for Buildings and Other Structures that appear in the Oregon Structural Specialty Code.

�� (c) �Major structure� means a building over six stories in height with an aggregate floor area of 60,000 square feet or more, every building over 10 stories in height and parking structures as determined by Department of Consumer and Business Services rule.

�� (d) �Seismic hazard� means a geologic condition that is a potential danger to life and property that includes but is not limited to earthquake, landslide, liquefaction, tsunami inundation, fault displacement, and subsidence.

�� (2) The Department of Consumer and Business Services shall consult with the Seismic Safety Policy Advisory Commission and the State Department of Geology and Mineral Industries prior to adopting rules. Thereafter, the Department of Consumer and Business Services may adopt rules as set forth in ORS 183.325 to

ORS 479.995

479.995. This subsection does not require a city or county to assume full responsibility for enforcement, inspection and administration of the electrical safety laws if the only enforcement performed by the city or county involves manufactured dwelling electrical utility connections.

�� (3) The department, subject to ORS chapter 183, shall revoke any authority of a city or county to carry on inspections, enforcement or administration of electrical installations and electrical products under ORS 455.148 or 455.150 if the department determines that the city or county fails to comply with standards adopted by the board or otherwise is not effectively carrying out duties assumed by the city or county under this section.

�� (4)(a) Except as provided in paragraph (b) of this subsection, a city or county may not contract with competing electrical contractors to provide permit inspection of electrical installations.

�� (b) A city or county may contract with competing electrical contractors to provide permit inspection of electrical installations on a temporary basis by a supervising electrician if:

�� (A) Emergency circumstances exist; and

�� (B) The city or county has requested that the department perform permit inspections and the department is unable to respond in a timely manner.

�� (c) Nothing in this subsection prohibits a city or county from contracting with another city or county to perform permit inspections of electrical installations by a supervising electrician.

�� (5) A city or county that performs electrical installation inspections shall perform license enforcement inspections as a part of routine installation inspections. [1981 c.815 �37; 1987 c.575 �1; 1991 c.368 �3; 1991 c.373 �1; 1991 c.439 �1; 1993 c.451 �3; 2001 c.573 �20]

�� 479.860 Persons authorized to design, plan and lay out electrical installations; rules. (1) Notwithstanding any other provision of law, a person who is the holder of a supervising electrician�s license:

�� (a) Who is employed by the holder of an electrical contractor�s license may design, plan and lay out electrical installations for customers of the electrical contractor without obtaining any other license, permit or certificate; or

�� (b) Who is employed by an industrial plant may design, plan and lay out electrical installations for that industrial plant.

�� (2) The Director of the Department of Consumer and Business Services, after consultation with the Electrical and Elevator Board and the State Board of Examiners for Engineering and Land Surveying, may adopt rules designating classes of board licensees that may design, plan and lay out noncomplex electrical installations. Licensees are not subject to any requirement for an additional license, permit, certificate or registration when engaging in the design, planning or laying out of electrical installations as authorized by a rule adopted under this subsection. [1987 c.384 �2; 2005 c.570 �1]

�� 479.870 Electrical and Elevator Board to prescribe uniform fee calculation and permit format; review; rules. (1) The Electrical and Elevator Board shall provide by rule for a statewide uniform method of calculating permit fees and a standardized permit application format.

�� (2) Notwithstanding the provisions of subsection (1) of this section, the board shall provide by rule for a separate limited energy electrical activity permit and the conditions that apply to the permit.

�� (3) The board shall adopt rules setting standards for timely review, personnel to conduct review and other plan review requirements. [1989 c.591 �2; 1991 c.529 �9; subsection (3) enacted as 1991 c.439 �2; 2001 c.728 �3]

�� 479.905 Definitions for ORS 479.870 and 479.905 to 479.945. For the purposes of ORS 479.870 and 479.905 to 479.945, except where the context requires otherwise:

�� (1) �Class A limited energy technician� means a person licensed to install, alter and repair all limited energy systems.

�� (2) �Class B limited energy technician� means a person licensed to install, alter and repair all limited energy systems that do not include protective signaling, including but not limited to:

�� (a) HVAC;

�� (b) Medical;

�� (c) Boiler controls;

�� (d) Intercom and paging systems;

�� (e) Clock systems;

�� (f) Data telecommunication installations; and

�� (g) Instrumentation.

�� (3) �HVAC� means thermostat and associated control wiring of heating, ventilation, air conditioning and refrigeration systems. �HVAC� does not include boiler controls.

�� (4) �Limited energy electrical activity� means installation, alteration, maintenance, replacement or repair of electrical wiring and electrical products that do not exceed 100 volt-amperes in Class 2 and Class 3 installations, or that do not exceed 300 volt-amperes for landscape low voltage lighting systems that are cord connected to a ground fault circuit interrupter receptacle, under the electrical specialty code and the Low-Rise Residential Dwelling Code.

�� (5) �Protective signaling� includes fire alarm, nurse call, burglar alarm, security and voice evacuation systems and other systems that are part of a fire or life safety system. [1991 c.529 �3; 1999 c.519 �1; 2001 c.728 �4; 2003 c.675 �45]

�� 479.910 Limited energy technician license; compliance with other laws; fees; continuing education. (1) Upon payment of an application or renewal fee, the Department of Consumer and Business Services shall issue a Class B limited energy technician license to a person who qualifies under ORS 479.915. A person licensed under this section may perform limited energy electrical activity except protective signaling as defined in ORS 479.905.

�� (2) A person licensed under this section shall comply with the permit and code compliance requirements under ORS 479.510 to 479.945.

�� (3) The application fee, and the renewal fee, for a Class B limited energy technician license are the same as those for a Class A limited energy technician license.

�� (4) The Electrical and Elevator Board shall establish continuing education requirements for persons licensed under this section, not to exceed 24 hours of classes every three years. [1991 c.529 �2; 1999 c.1031 �10; 2001 c.728 �5; 2003 c.14 �332; 2007 c.271 �6]

�� 479.915 Limited energy technician license requirements. (1) An applicant for a Class B limited energy technician license must:

�� (a) Submit proof satisfactory to the Electrical and Elevator Board that the person has:

�� (A) At least two years of experience as an apprentice in limited energy electrical activity; or

�� (B) At least two years of experience equivalent to an apprenticeship in limited energy electrical activity and completed a board-approved 32-hour training program; and

�� (b) Pass a written examination approved by the board and administered by the Department of Consumer and Business Services.

�� (2) An applicant for a Class A limited energy technician license must:

�� (a) Submit proof satisfactory to the board that the person has completed at least three years of experience as an apprentice, or the equivalent as determined by the board by rule, in a recognized branch of the electrical trade; and

�� (b) Pass a written examination prepared by the board and administered by the department.

�� (3) The board shall determine the adequacy of any training program for qualification under the requirements of this section and ORS 479.910 and section 1, chapter 728, Oregon Laws 2001.

�� (4) The department shall issue a Class A limited energy technician license to a person who qualifies under subsection (2) of this section and pays the required fees. [1991 c.529 �4; 2001 c.728 �6; 2007 c.548 �4]

�� 479.920 [1991 c.529 �5; repealed by 2001 c.728 �10]

�� 479.930 [1991 c.529 �6; 1993 c.497 �2; repealed by 2001 c.728 �10]

�� 479.940 Activities not subject to licensure under ORS 479.510 to 479.945; identification cards. (1) The licensure provisions of ORS 479.510 to 479.945 do not apply to the following activity on Class II and III systems in one and two family dwellings regulated under the Low-Rise Residential Dwelling Code:

�� (a) Prewiring of cable television and telephone systems owned by the owner of the residence;

�� (b) Garage door openers;

�� (c) Vacuum systems;

�� (d) Audio and stereo systems;

�� (e) HVAC;

�� (f) Landscape sprinkler controls;

�� (g) Landscape lighting; and

�� (h) Doorbells.

�� (2) The provisions of subsection (1) of this section apply only to residential contractors holding a current license and proper endorsement issued by the Construction Contractors Board.

�� (3)(a) The licensure provisions of ORS 479.510 to 479.945 do not apply to a landscape contracting business licensed under ORS 671.510 to 671.760 when making installations of landscape irrigation control wiring and outdoor landscape lighting involving a Class II or Class III system that does not exceed 30 volts and 750 volt-amperes.

�� (b) A landscape contracting business exempt from licensing under this subsection shall issue an identification card to its landscape irrigation control wiring or outdoor landscape lighting installer. The form for the identification card shall be provided by the State Landscape Contractors Board. The identification card shall include the name of the installer, the name and State Landscape Contractors Board identification number of the landscape contracting business and the date of issue of the identification card. The card shall be carried by the installer at the job site when performing the allowed electric installations.

�� (4) The licensure provisions of ORS 479.510 to 479.945 do not apply to limited energy electrical activity involving the installation, maintenance or repair of lottery equipment at retail locations by employees or vendors of the Oregon State Lottery Commission. The exemption provided by this subsection does not authorize work by unlicensed persons on systems of 115 volts or more.

�� (5) All nonlicensure requirements of ORS 479.510 to 479.945, including permits for and compliance with the electrical specialty code, apply to activities conducted under subsections (1) to (4) of this section. If any person or business repeatedly violates the permit or code compliance requirements, in addition to any other remedy, the Electrical and Elevator Board may suspend, condition or revoke a person�s or business�s right to use this provision. [1991 c.529 �7; 1999 c.402 �4; 2001 c.728 �7; 2003 c.14 �333; 2003 c.675 �46; 2007 c.385 �1; 2007 c.541 �5a; 2007 c.836 �46]

�� 479.943 Activities not subject to licensure under ORS 479.905 to 479.945. The licensure provisions of ORS

ORS 498.351

498.351 in 1995]

�� 498.270 [Repealed by 1959 c.352 �5]

�� 498.272 [Formerly 498.145; repealed by 1973 c.723 �130]

�� 498.274 [1973 c.723 �102; 1987 c.488 �4; 1995 c.426 �9; renumbered 498.346 in 1995]

�� 498.275 [Repealed by 1959 c.352 �5]

�� 498.276 [1991 c.858 �9; renumbered 498.336 in 1995]

ANGLING CONTESTS

�� 498.279 Black bass and walleye angling contests; rules. (1) A person, or group of persons, may conduct, sponsor and participate in any competition or contest in which prizes are offered for the amount, quality, size, weight or other physical characteristics of black bass or walleye, provided that the rules of a competition or contest are prepared and distributed by the sponsors to the contestants and are administered and enforced by the sponsors. Except as provided in subsection (2) of this section, such rules shall include, but are not limited to:

�� (a) A requirement that the contestants use aerated live wells or other equipment so that all reasonable efforts are made to maintain the fish taken in a live and healthy condition.

�� (b) A requirement that all fish caught that are in a healthy condition are immediately returned to the water where they were caught, after weighing. Black bass may be turned over to the State Department of Fish and Wildlife for restocking.

�� (c) A requirement that bass tournament contestants use only artificial or other such prepared baits.

�� (2) The State Department of Fish and Wildlife may waive any of the requirements described in subsection (1) of this section if the department determines that limiting a population of black bass or walleye in a body of water would benefit native fish species or the ecological health of the body of water.

�� (3) As used in this section, �black bass� means largemouth bass, smallmouth bass, redeye bass, spotted bass and all other basses of the genus Micropterus.

�� (4) The State Fish and Wildlife Commission may adopt rules to limit the number of contests and participants, determine the location of contests and prescribe other terms and conditions regarding the conduct of contests under this section. [1981 c.510 �3; 1985 c.562 �1; 1987 c.299 �1; 2001 c.186 �1; 2023 c.48 �1]

�� 498.280 [Repealed by 1973 c.723 �130]

�� 498.284 [1989 c.373 �2; repealed by 2001 c.186 �3]

�� 498.285 [Repealed by 1973 c.723 �130]

�� 498.286 Prize limitation. (1) Except as provided in subsection (2) of this section and ORS 498.279, no person shall conduct, sponsor or participate in any competition or contest in which any prize of a retail value of more than $1,000 is offered for the amount, quality, size, weight or other physical characteristic of game fish taken.

�� (2) When a prize is offered that exceeds $1,000 for the amount, quality, size, weight or other physical characteristic of a game fish taken, the State Fish and Wildlife Commission, by rule, may limit the number of contests and participants, determine the location of contests and prescribe other terms and conditions regarding the conduct of contests. [1989 c.373 �4; 1997 c.12 �1; 2001 c.186 �2]

�� 498.290 [1961 c.129 �1; repealed by 1973 c.723 �130]

�� 498.295 [Repealed by 1957 c.235 �1]

�� 498.300 [Repealed by 1959 c.352 �5]

SCREENING AND BY-PASS DEVICES FOR WATER DIVERSIONS OR OBSTRUCTIONS

�� 498.301 Policy. It is the policy of the State of Oregon to prevent appreciable damage to game fish populations or populations of nongame fish that are classified as sensitive species, threatened species or endangered species by the State Fish and Wildlife Commission as the result of the diversion of water for nonhydroelectric purposes from any body of water in this state. [1993 c.478 �2]

�� 498.305 [Repealed by 1959 c.352 �5]

�� 498.306 Screening or by-pass devices for water diversions; fees; costs. (1) Any person who diverts water from any body of water in this state in which any fish, subject to the State Fish and Wildlife Commission�s regulatory jurisdiction, exist may be required to install, operate and maintain screening or by-pass devices to provide adequate protection for fish populations present at the water diversion in accordance with the provisions of this section.

�� (2)(a) The State Department of Fish and Wildlife shall establish a cost-sharing program to implement the installation of screening or by-pass devices on not less than 150 water diversions or 150 cubic feet per second of diverted water per biennium. The department shall select the water diversions to be screened from the priority listing of diversions established by the department and reviewed by the Fish Screening Task Force. The installation of a screening or by-pass device may be required only if:

�� (A) The water diversion is 30 cubic feet per second or more;

�� (B) A new water right is issued for the water diversion;

�� (C) The point of water diversion is transferred as described in ORS 540.525;

�� (D) Fewer than 150 persons per biennium volunteer to request such installation on the diversions for which they are responsible; or

�� (E) The Fish Screening Task Force has reviewed and approved the department�s request to require installation of screening or by-pass devices in order to complete the screening of a stream system or stream reach.

�� (b) The limitations on the number of diversions or cubic feet per second of diverted water to be screened as provided in this section do not prevent the installation of screening and by-pass devices for diversions by persons responsible for diversions who are willing to pay the full cost of installing screening and by-pass devices.

�� (c) Cost-sharing program funds may not be provided under this subsection for screening or by-pass devices on a water diversion involving water rights issued on or after January 1, 1996, unless the Fish Screening Task Force finds there is good cause to allow an exception. The department shall give preference to diversions of 30 cubic feet per second or less when making cost-sharing program funds available.

�� (3) When selecting diversions to be equipped with screening or by-pass devices, the department shall attempt to solicit persons who may volunteer to request the installation of such devices on the diversions for which they are responsible. When selecting diversions to be equipped with screening or by-pass devices, the department shall select those diversions that will provide protection to the greatest number of indigenous naturally spawning fish possible.

�� (4) If the department constructs and installs the screening or by-pass device, a fee shall be assessed against the person responsible for the diversion in an amount that does not exceed 40 percent of the construction and installation costs of the device. The fee shall be paid into the Fish Screening Subaccount. If the person responsible for the diversion constructs and installs the by-pass or screening device, the person shall be reimbursed from the Fish Screening Subaccount or other state funds in an amount that does not exceed 60 percent of the actual construction and installation costs of the device.

�� (5) The department�s cost of major maintenance and repair of screening or by-pass devices shall be paid from the Fish Screening Subaccount.

�� (6) The department is responsible for major maintenance and repair of screening or by-pass devices at water diversions of less than 30 cubic feet per second, and if failure by the department to perform major maintenance on or repair such devices results in damage or blockage to the water diversion on which a device has been installed, the person responsible for the water diversion shall give written notice of such damage or blockage to the department. If within seven days of the notice, the department fails to take appropriate action to perform major maintenance on or repair the device, and to repair any damage that has occurred, the person responsible for the water diversion may remove the device. If an emergency exists that will result in immediate damage to livestock or crops, the person responsible for the water diversion may remove the screening or by-pass device. A person required to comply with this section is responsible for minor maintenance and shall, in a timely manner, notify the department of the need for activities associated with major maintenance.

�� (7) A person who diverts water at a rate of 30 cubic feet per second or more is responsible for all maintenance of an installed screening or by-pass device.

�� (8) A person required to comply with this section may design, construct and install screening or by-pass devices adequate to prevent fish from leaving the body of water and entering the diversion or may request the department to design, construct and install such devices. However, if a person required to comply with this section fails to comply within 180 days after notice to comply by the department, the department shall design, install, operate and maintain on that person�s water diversion appropriate screening or by-pass devices and shall charge and collect from the person the actual costs thereof in an amount not to exceed the average cost for diversions of that size.

�� (9) If the diversion requiring screening or by-pass devices is located on public property, the department shall obtain from the property owner approval or permits necessary for such devices. Activities of the department pursuant to this section may not interfere with existing rights of way or easements of the person responsible for the diversion.

�� (10)(a) The department or its agent has the right of ingress and egress to and from those places where screening or by-pass devices are required, doing no unnecessary injury to the property of the landowner, for the purpose of designing, installing, inspecting, performing major maintenance on or repairing such devices.

�� (b) If a screening or by-pass device installed by the department must be removed or replaced due to inadequate design or faulty construction, the person responsible for the diversion shall bear no financial responsibility for its replacement or reconstruction.

�� (c) If a screening or by-pass device installed by the person responsible for the diversion must be removed or replaced due to faulty construction, the person shall bear full financial responsibility for its replacement or reconstruction.

�� (d) If the person responsible for a diversion on which a screening or by-pass device is installed fails to conduct appropriate inspection and minor maintenance, the department may perform such activities and charge and collect from the person responsible a fee not to exceed $150 for each required visit to the location of the screening or by-pass device.

�� (e) If the department determines that a person must install, operate, maintain, repair or replace a screening or by-pass device under this section, the department shall notify the person, by registered mail, of the specific action the person is required to take. The person may request a contested case hearing before the State Fish and Wildlife Commission, to be conducted as provided in ORS chapter 183.

�� (11) A person may not interfere with, tamper with, damage, destroy or remove in any manner not associated with regular and necessary maintenance procedures any screening or by-pass devices installed pursuant to this section.

�� (12) The department may maintain an action to cover any costs incurred by the department when a person who is required to comply with this section fails to comply. Such action shall be brought in the circuit court for the county in which the screening or by-pass device is located.

�� (13) Upon receiving notice from the department to comply with this section, a person responsible for a water diversion may be excused from compliance if the person demonstrates to the Fish Screening Task Force that:

�� (a) The installation and operation of screening or by-pass devices would not prevent appreciable damage to the fish populations in the body of water from which water is being diverted.

�� (b) Installation and operation of screening or by-pass devices would not be technically feasible.

�� (c) Installation of screening or by-pass devices would result in undue financial hardship.

�� (14)(a) Not later than January 1, 1996, the department, with the assistance of the Fish Screening Task Force and the Water Resources Department, shall establish and publish an updated priority listing of 3,500 water diversions in the state that should be equipped with screening or by-pass devices. Changes may be made to the list whenever deletions are made for any reason. The priority listing shall include the name and address of the person currently responsible for the water diversion, the location of the diversion, size of the diversion, type of screening or by-pass device required, estimated costs for construction and installation of screening or by-pass devices for the individual diversion and species of fish present in the water body. When developing the priority listing, the department shall base priorities for the installation of screening or by-pass devices on unscreened diversions on the following criteria:

�� (A) Fish species status.

�� (B) Fish numbers.

�� (C) Fish migration.

�� (D) Diversion size.

�� (E) Diversion amount.

�� (F) Any other criteria that the department, in consultation with the Fish Screening Task Force, considers appropriate.

�� (b) Criteria identified in this subsection shall be given appropriate consideration by the department when updating its priority listing. The priority listing will be updated to give the highest priority to those diversions that save the greatest number of fish and simultaneously protect the greatest number of threatened or endangered fish species.

�� (c) After the priority listing has been updated, the persons responsible for the diversions on the list shall be notified that their diversions appear on the list. Such persons also shall be furnished a description of the fish screening cost-sharing program.

�� (d)(A) The department shall notify, by means of registered mail, each person responsible for the first 250 diversions on the priority listing on or before January 1, 1996. The department shall furnish information regarding the fish screening cost-sharing program to each person responsible for a diversion included in the first 250 diversions on the priority listing on or before January 1, 1996. A person may not be required to install a screening or by-pass device unless previously notified by the department of the requirement to install such devices.

�� (B) On January 1 of each even-numbered year, the department shall notify each person responsible for a diversion included in the first 250 diversions on the priority listing. However, the department is not required to notify in a subsequent year any person previously notified. The department shall include with such notification information regarding the fish screening cost-sharing program.

�� (C) Before any person is required to install a screening or by-pass device, the department shall confirm the need for the device through a visual, on-site inspection by appropriate staff of the fish screening division of the department, or a district biologist of the department.

�� (15) As used in this section:

�� (a) �Behavioral barrier� means a system that utilizes a stimulus to take advantage of natural fish behavior to attract or repel fish. A behavioral barrier does not offer a physical impediment to fish movement, but uses such means as electricity, light, sound or hydraulic disturbance to move or guide fish.

�� (b) �Body of water� includes but is not limited to irrigation ditches, reservoirs, stock ponds and other artificially created structures or impoundments.

�� (c) �By-pass device� means any pipe, flume, open channel or other means of conveyance that transports fish back to the body of water from which the fish were diverted but does not include fishways or other passages around a dam.

�� (d) �Fish screen� means a screen, bar, rack or other barrier, including related improvements necessary to ensure its effective operation, to provide adequate protection for fish populations present at a water diversion.

�� (e) �Major maintenance� means all maintenance work done on a screening or by-pass device other than minor maintenance.

�� (f) �Minor maintenance� means periodic inspection, cleaning and servicing of screening or by-pass devices at such times and in such manner as to ensure proper operation of the screening or by-pass device.

�� (g) �Person� means any person, partnership, corporation, association, municipal corporation, political subdivision or governmental agency.

�� (h) �Screening device� means a fish screen or behavioral barrier. [1991 c.858 �2; 1993 c.478 �4; 1995 c.426 �1; 2005 c.22 �370; 2007 c.625 �1]

�� 498.310 [Repealed by 1973 c.723 �130]

�� 498.311 [Formerly 498.248; repealed by 2007 c.625 �16]

�� 498.315 [Repealed by 1973 c.723 �130]

�� 498.316 Exemption from screening or by-pass devices. ORS 498.306 does not require the installation of screening or by-pass devices in those water diversions for which the State Fish and Wildlife Commission, by contract or other form of agreement with the person diverting the water, has made such other provision as the commission determines is adequate for the protection of the game fish in the body of water from which water is being diverted. [Formerly 498.262; 2007 c.625 �6]

�� 498.321 Screening or by-pass standards. (1) In order to carry out the provisions of ORS 498.301 and 498.306, the following minimum standards and criteria apply to actions of the State Fish and Wildlife Commission and the State Department of Fish and Wildlife with regard to fish screening or by-pass devices:

�� (a) Standards and criteria shall address the overall level of protection necessary at a given water diversion and may not favor one technology or technique over another.

�� (b) Standards and criteria shall take into account at least the following factors relating to the fish populations present at a water diversion:

�� (A) The source of the population, whether native or introduced and whether hatchery or wild.

�� (B) The status of the population, whether endangered, threatened or sensitive.

�� (c) Standards and criteria may take into account the cumulative effects of other water diversions on the fish populations being protected.

�� (d) Design and engineering recommendations shall consider cost-effectiveness.

�� (e) Alternative design and installation proposals must be approved if they can be demonstrated to provide an equal level of protection to fish populations as those recommended by the department.

�� (2) In order to maximize effectiveness and promote consistency relating to the protection of fish at nonhydroelectric water diversions, the department shall establish a single organizational entity to administer all agency activities related to fish screening and by-pass devices.

�� (3) The department shall emphasize cooperative effort and mutual understanding with those responsible for water diversions that need fish screening or by-pass devices.

�� (4) The department shall aggressively investigate and encourage the development of new technologies and techniques to provide protection for fish populations at water diversions in order to reduce initial costs, reduce operating costs and improve cost-effectiveness. [1993 c.478 �3; 2005 c.22 �371]

�� 498.326 Department guidelines for screening and by-pass projects; expenditure of funds. (1) The State Department of Fish and Wildlife shall establish guidelines to determine the need for and location of potential fish screening and by-pass projects. The guidelines shall include a plan to be used for determining priorities for and expected costs of installing and maintaining the fish screening and by-pass devices.

�� (2) Nothing in subsection (1) of this section is intended to prevent the State Department of Fish and Wildlife from expending federal or other funds if such funds become available for the installation and maintenance of fish screening and by-pass projects. [Formerly 498.256]

�� Note: 498.326 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 498 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 498.331 [1993 c.478 �11; 1995 c.426 �18; 2001 c.822 �9; repealed by 2007 c.625 �16]

�� 498.336 Statutes not construed to limit ability to acquire funding for screening or by-pass devices. Nothing in ORS 498.306 or 509.585 shall be construed:

�� (1) To limit the eligibility of a person required to install and operate screening or by-pass devices to obtain funding from the Water Development Fund pursuant to ORS

ORS 498.400

498.400 to 498.464 and 498.993, or any rule promulgated pursuant thereto, that requires immediate action to protect the wildlife resources of this state, the commission shall institute actions or proceedings for legal or equitable remedies to restrain the violation or threatened action.

�� (2) The actions or proceedings authorized by subsection (1) of this section may be instituted without necessity of a prior administrative proceeding, or at any time during an administrative proceeding if a proceeding has been commenced. [1973 c.749 �12; 1979 c.284 �160]

�� 498.465 [1957 c.251 �1; repealed by 1973 c.723 �130]

SAGE GROUSE

�� 498.500 Mitigation of adverse effects on core area habitat; policy. (1) To assist persons with meeting the requirements of this state and local and federal governments concerning the mitigation of the adverse effects that a proposed action may have on core area habitat of sage grouse, the State Department of Fish and Wildlife, after consultation with interested local and tribal governments, state and federal agencies and private organizations, may develop and administer a uniform policy for mitigating the adverse effects that the proposed actions may have on core area habitat of sage grouse.

�� (2) If the department develops a mitigation policy under this section, the policy may include:

�� (a) Provisions for the recognition or establishment of mitigation banks; and

�� (b) Any other framework, criteria or goals developed to facilitate the mitigation of the adverse effects that a proposed action may have on core area habitat of sage grouse in a manner that ensures a landscape approach to the conservation of sage grouse.

�� (3) If the department develops a mitigation policy under this section, the policy must:

�� (a) Provide that the department review, at least once every five years, the mapping by the department of core area habitat of sage grouse and revise the mapping, if necessary, to account for any new and substantial biological information; and

�� (b) Ensure that any use of a mitigation bank or other mitigation framework provided for under the policy does not result in a net loss of either the quality or quantity of sage grouse habitat and provides a net benefit to the quality or quantity of sage grouse habitat.

�� (4) If the department develops a mitigation policy under this section for the purpose of benefiting sage grouse as a result of a listing as a sensitive, threatened or endangered species under ORS 496.171 to 496.182, or a listing as a candidate, threatened or endangered species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.), the policy shall ensure, to the greatest extent practicable, that any use of land, water or other natural resources occurring in a habitat identified as part of a mitigation bank or other mitigation framework developed under the policy may continue after the department identifies the habitat as part of a mitigation bank or other mitigation framework.

�� (5)(a) Subsections (1) to (4) of this section do not affect the ability of a person to develop a proposal under ORS 498.502 for off-site mitigation or a mitigation bank in order to meet the requirements of this state and local and federal governments concerning the mitigation of the adverse effects that a proposed action by the person may have on core area habitat of sage grouse.

�� (b) Any proposal for off-site mitigation or a mitigation bank developed under this section and ORS 498.502 must not result in a net loss of either the quality or quantity of sage grouse habitat and must provide a net benefit to the quality or quantity of sage grouse habitat. [2013 c.710 �1]

�� Note: 498.500 and 498.502 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 498 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 498.502 Actions that affect core area habitat; reports; orders; rules. (1) Subject to and consistent with the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.) and notwithstanding any provision of ORS 496.171 to 496.182:

�� (a) If a person applies for a permit, license, authorization or other form of permission required by law from a state agency for a proposed action that may affect core area habitat of sage grouse, the person may file with the State Department of Fish and Wildlife, at any time before or after the commencement of the relevant permitting, licensing, authorization or other form of permission process, a report that uses the best scientific and commercial data available to provide a description of the proposed action and its possible effects on the habitat.

�� (b) The report described in this section must describe the core area habitat of sage grouse affected by the proposed action, specify whether the habitat is essential and irreplaceable and provide proposals for off-site mitigation or a mitigation bank.

�� (c)(A) Within 60 days after the filing of the report described in this section, the department shall evaluate whether the proposals specified in the report result in a net loss of either the quality or quantity of sage grouse habitat and provide a net benefit to the quality or quantity of sage grouse habitat.

�� (B)(i) If the department concludes that the proposals specified in the report do not result in a net loss of either the quality or quantity of sage grouse habitat and do provide a net benefit to the quality or quantity of sage grouse habitat, the department shall issue an order finding that the core area habitat of sage grouse affected by the proposed action is not irreplaceable. The department may not thereafter reverse or modify the order except pursuant to a judgment of a court.

�� (ii) If the department concludes that the proposals specified in the report result in a net loss of either the quality or quantity of sage grouse habitat and do not provide a net benefit to the quality or quantity of sage grouse habitat, a person affected by the action may request a contested case hearing before the State Fish and Wildlife Commission, to be conducted as provided in ORS chapter 183.

�� (2) The provisions of this section apply to a site certificate for an energy facility described in ORS 469.300 (12)(a)(F), but do not apply to a site certificate for any other facility under the provisions of ORS 469.300 to 469.563.

�� (3) The commission may adopt rules to carry out the provisions of this section. [2013 c.710 �2; 2024 c.25 �5]

�� Note: See note under 498.500.

�� 498.504 Sage Grouse Mitigation Program In-Lieu Fee Fund. (1) The Sage Grouse Mitigation Program In-Lieu Fee Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Sage Grouse Mitigation Program In-Lieu Fee Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Department of Fish and Wildlife for supporting efforts to restore, protect, enhance or increase habitat for sage grouse. Expenditures from the fund may include but are not limited to expenditures for related administrative costs, related research or assessment activities or insurance for sage grouse habitat.

�� (2) The fund shall consist of moneys received by the department as fees in lieu of compensatory mitigation, pursuant to department rules adopted to implement the Oregon Sage-Grouse Action Plan and Executive Order 15-18 issued on September 16, 2015.

�� (3) Except as provided in this subsection, fund moneys may be deposited in the Oregon Short Term Fund established under ORS 293.728. Subject to approval by the State Treasurer, all or part of Sage Grouse Mitigation Program In-Lieu Fee Fund moneys may be placed in an investment pool designed for intermediate-term investment, as provided by ORS 293.701 to 293.857. Earnings from the investment of fund moneys shall be credited to the fund. [2021 c.48 �1]

�� Note: 498.504 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 498 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 498.505 [Repealed by 1973 c.723 �130]

�� 498.510 [Amended by 1965 c.73 �1; repealed by 1973 c.723 �130]

�� 498.515 [Repealed by 1973 c.723 �130]

�� 498.520 [Repealed by 1973 c.723 �130]

�� 498.525 [Repealed by 1973 c.723 �130]

�� 498.530 [Repealed by 1973 c.723 �130]

�� 498.535 [Repealed by 1973 c.723 �130]

�� 498.540 [Repealed by 1973 c.723 �130]

�� 498.545 [Repealed by 1973 c.723 �130]

�� 498.550 [Repealed by 1973 c.723 �130]

�� 498.555 [Repealed by 1973 c.723 �130]

�� 498.560 [Repealed by 1973 c.723 �130]

�� 498.565 [Repealed by 1973 c.723 �130]

�� 498.570 [Repealed by 1973 c.723 �130]

�� 498.575 [Amended by 1967 c.594 �5; 1971 c.359 �1; repealed by 1973 c.723 �130]

�� 498.577 [1959 c.341 �1; 1963 c.295 �1; repealed by 1973 c.723 �130]

�� 498.580 [Repealed by 1973 c.723 �130]

�� 498.585 [Repealed by 1973 c.723 �130]

�� 498.590 [Repealed by 1973 c.723 �130]

�� 498.605 [Repealed by 1973 c.723 �130]

�� 498.610 [Repealed by 1973 c.723 �130]

�� 498.615 [Repealed by 1973 c.723 �130]

�� 498.620 [Repealed by 1973 c.723 �130]

�� 498.625 [Amended by 1959 c.529 �3; repealed by 1973 c.723 �130]

�� 498.630 [Repealed by 1969 c.15 �1]

�� 498.635 [Amended by 1955 c.78 �1; repealed by 1973 c.723 �130]

�� 498.640 [Amended by 1955 c.62 �1; repealed by 1973 c.723 �130]

�� 498.641 [1955 c.507 �1; 1959 c.235 �1; repealed by 1973 c.723 �130]

�� 498.645 [Repealed by 1955 c.65 �2]

�� 498.646 [1955 c.65 �1; repealed by 1973 c.723 �130]

�� 498.650 [Repealed by 1973 c.723 �130]

�� 498.655 [1965 c.201 �1; repealed by 1973 c.723 �130]

�� 498.660 [1965 c.201 ��2,3; repealed by 1973 c.723 �130]

�� 498.665 [1965 c.201 �4; repealed by 1973 c.723 �130]

�� 498.705 [Repealed by 1973 c.723 �130]

�� 498.710 [Repealed by 1973 c.723 �130]

�� 498.715 [Repealed by 1973 c.723 �130]

�� 498.720 [Repealed by 1973 c.723 �130]

�� 498.725 [Repealed by 1973 c.723 �130]

�� 498.730 [Amended by 1955 c.707 �44; 1965 c.167 �1; repealed by 1973 c.723 �130]

�� 498.732 [1955 c.707 �46; repealed by 1973 c.723 �130]

�� 498.735 [Amended by 1955 c.707 �47; repealed by 1973 c.723 �130]

�� 498.740 [Amended by 1955 c.707 �48; repealed by 1973 c.723 �130]

�� 498.745 [Repealed by 1973 c.723 �130]

�� 498.750 [Repealed by 1973 c.723 �130]

�� 498.805 [1961 c.663 �1; repealed by 1973 c.723 �130]

�� 498.810 [1961 c.663 ��2,3; repealed by 1973 c.723 �130]

�� 498.815 [1961 c.663 ��4,5,6; repealed by 1973 c.723 �130]

�� 498.820 [Formerly 498.025; repealed by 1973 c.723 �130]

�� 498.825 [2013 c.664 �1; 2017 c.173 �1; repealed by 2025 c.437 �7]

�� 498.827 [2013 c.664 �3; repealed by 2025 c.437 �7]

�� 498.829 [2013 c.664 �4; repealed by 2025 c.437 �7]

�� 498.831 [2013 c.664 �5; repealed by 2025 c.437 �7]

�� 498.833 [2013 c.664 �6; repealed by 2025 c.437 �7]

FISH HATCHERIES

(Temporary provisions relating to hatchery monitoring and maintenance funding)

�� Note: Sections 1, 7 and 8, chapter 734, Oregon Laws 2015, provide:

�� Sec. 1. (1) The Oregon Hatchery Monitoring and Maintenance Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Hatchery Monitoring and Maintenance Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Department of Fish and Wildlife. The fund shall consist of:

�� (a) All moneys received from the surcharge on angling licenses imposed by section 3, chapter 734, Oregon Laws 2015; and

�� (b) All moneys received from the ad valorem fee imposed by section 4, chapter 734, Oregon Laws 2015.

�� (2) Moneys in the fund may be expended only on:

�� (a) Programs to monitor and address impacts of hatcheries on native fish species; and

�� (b) Work related to maintenance needs at hatcheries.

�� (3) On a biennial basis, overall expenditures from the fund must be evenly split between the purposes described in subsection (2) of this section. [2015 c.734 �1; 2017 c.120 �1; 2025 c.437 �1]

�� Sec. 7. The State Department of Fish and Wildlife shall provide a financial report annually to the interim committees of the Legislative Assembly related to the environment and natural resources showing all revenues and deposits to and transfers and expenditures from the Oregon Hatchery Monitoring and Maintenance Fund. [2015 c.734 �7; 2025 c.437 �5]

�� Sec. 8. (1)(a) Section 3, chapter 734, Oregon Laws 2015, as amended by section 52, chapter 779, Oregon Laws 2015, section 7, chapter 56, Oregon Laws 2022, and section 2 of this 2025 Act, is repealed on January 2, 2037.

�� (b) Section 4, chapter 734, Oregon Laws 2015, as amended by section 3 of this 2025 Act, is repealed on January 2, 2037.

�� (c) Section 1, chapter 734, Oregon Laws 2015, as amended by section 1, chapter 120, Oregon Laws 2017, and section 1 of this 2025 Act, is repealed on January 2, 2039.

�� (d) Section 7, chapter 734, Oregon Laws 2015, as amended by section 5 of this 2025 Act, is repealed on January 2, 2039.

�� (2) Any balance in the Oregon Hatchery Monitoring and Maintenance Fund that is unexpended and unobligated on the date of the repeal of section 1, chapter 734, Oregon Laws 2015, and all moneys that would have been deposited in the Oregon Hatchery Monitoring and Maintenance Fund had section 1, chapter 734, Oregon Laws 2015, remained in effect, shall be transferred to and deposited in the Hatchery Construction Fund, and are appropriated for expenditure as in the case of other moneys in the Hatchery Construction Fund. [2015 c.734 �8; 2015 c.779 �53; 2017 c.120 �3; 2025 c.437 �6]

�� 498.850 Disposition of hatchery-produced fish carcasses; rules. The State Fish and Wildlife Commission shall adopt rules governing the disposition of carcasses of adult hatchery-produced fish returning to hatchery facilities that include but are not limited to requirements that:

�� (1) At least 45 percent of the carcasses from all adult hatchery-produced fish that return to hatchery facilities, averaged over 10 years, beginning in a year after the rules are adopted, must be retained and placed at seasonally appropriate times in natural spawning and rearing areas to enhance nutrient recycling, consistent with pathology constraints; and

�� (2) When selling eggs and carcasses from hatchery facilities to provide revenues to support hatchery programs and facilities, the State Department of Fish and Wildlife shall prioritize sales to, in the following order:

�� (a) Oregon small businesses in communities with high rates of unemployment; and

�� (b) Other Oregon small businesses. [2021 c.258 �2]

�� Note: 498.850 was added to and made a part of the wildlife laws by legislative action but was not added to ORS chapter 498 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 498.990 [Subsection (5) of 1965 Replacement Part enacted as 1953 c.184 �4; subsection (1) of 1965 Replacement Part enacted as 1955 c.506 �2; 1959 c.352 �3; 1967 c.523 �3; subsection (2) enacted as 1971 c.223 �4; repealed by 1973 c.723 �130]

�� 498.992 [Amended by 1959 c.352 �4; repealed by 1967 c.523 �14]

PENALTIES

�� 498.993 Penalty for violation of outdoor club laws; penalty for violation of law related to sale of certain animals as household pets. Violation of any provision of ORS

ORS 517.952

517.952:

�� (a) Review of the application and approval or denial of the application shall be coordinated with the consolidated application process under ORS 517.952 to 517.989. However, such review and approval or denial shall take into consideration all policy considerations for the appropriation of water as set forth in this chapter and ORS chapter 536.

�� (b) The permit may be issued for exploration under ORS 517.702 to 517.740, but the permit shall be conditioned on the applicant�s compliance with the consolidated application process.

�� (c) The permit shall include a condition that additional conditions may be added to the use of water when a water right certificate is issued, or when the use of water is changed pursuant to ORS 540.520 and 540.530 to use for a mining operation. [1955 c.708 �11; 1959 c.437 �4; 1981 c.61 �3; 1985 c.673 �57; 1995 c.416 �28; 1997 c.587 �11; 2013 c.371 �34; 2025 c.575 �18]

�� 537.626 Exceptions to final order; modified order. (1) Within 20 days after the Water Resources Director issues a final order under ORS 537.625 after the conclusion of a contested case hearing, any party may file with the Water Resources Commission exceptions to the order.

�� (2) The commission shall issue a modified order, if allowed, or deny the exceptions within 60 days after close of the exception period under subsection (1) of this section. [1995 c.416 �29]

�� 537.627 Time limit for issuing final order or scheduling contested case hearing; extension; writ of mandamus. (1) Except as provided in subsection (2) of this section, the Water Resources Department shall issue a final order or schedule a contested case hearing on an application for a water right referred to in ORS 537.615 within 180 days after the department proceeds with the application under ORS 537.620 (5).

�� (2) At the request of the applicant, the department may extend the 180-day period set forth in subsection (1) of this section for a reasonable period of time.

�� (3) If the applicant does not request an extension under subsection (2) of this section and the department fails to issue a proposed final order or schedule a contested case hearing on an application for a water right within 180 days after the department proceeds with the application under ORS 537.620 (5), the applicant may apply in the Circuit Court for Marion County for a writ of mandamus to compel the department to issue a final order or schedule a contested case hearing on an application for a water right. The writ of mandamus shall compel the department to issue a water right permit, unless the department shows by affidavit that to issue a permit may result in harm to an existing water right holder. [1995 c.416 �31]

�� 537.628 Terms, conditions and limitations on approvals. (1) The Water Resources Department may approve an application for less ground water than applied for or upon terms, conditions and limitations necessary for the protection of the public welfare, safety and health.

�� (2) In any event the department may not approve the application for more ground water than is applied for or than can be applied to a beneficial use.

�� (3) The department may not approve an application that deprives those having prior rights of appropriation for a beneficial use of the amount of water to which they are lawfully entitled. [1995 c.416 �30; 2025 c.575 �19]

�� 537.629 Conditions or limitations to prevent interference with other users. (1) When an application discloses the probability of wasteful use or undue interference with existing wells or that any proposed use or well will impair or substantially interfere with existing rights to appropriate surface water by others, or that any proposed use or well will impair or substantially interfere with existing rights to appropriate ground water for the beneficial use of the water for its thermal characteristics, the Water Resources Department may impose conditions or limitations in the permit to prevent the same or reject the same after hearing, or, in the department�s discretion, request the Water Resources Commission to initiate a rulemaking proceeding to declare the affected area a critical ground water area under ORS 537.730 to 537.740.

�� (2)(a) When an application discloses the probability that a proposed use or well will impair or interfere with the ability to extract heat from a well with a bottom hole temperature of at least 250 degrees Fahrenheit, the department may:

�� (A) Approve the permit;

�� (B) Impose conditions or limitations in the permit to prevent the probable interference or impairment;

�� (C) After a hearing under ORS 536.076, 536.077 and 537.622, reject the application; or

�� (D) Request the commission to initiate a rulemaking proceeding to declare the affected area a critical ground water area under ORS 537.730 to 537.740.

�� (b) In deciding whether to issue, deny or condition a permit under this subsection, the department shall consider any orders or permits applicable to the ground water reservoir issued by the State Geologist or the governing board of the State Department of Geology and Mineral Industries under ORS chapter 522. [1995 c.416 �26; 2025 c.575 �29]

�� 537.630 Time allowed for construction work under permit; extension; certificate of completion; survey; ground water right certificate; requirements for supplemental water right. (1) As used in this section, �undeveloped portion� means the difference between the maximum rate or duty specified in a water right permit and the maximum rate or duty appropriated as of the later of:

�� (a) June 29, 2005;

�� (b) The time specified in the permit to perfect the water right; or

�� (c) The time specified in the last-approved extension of time to perfect the water right.

�� (2) Except for the holder of a permit for municipal, quasi-municipal, group domestic or group domestic expanded uses, the holder of a permit issued pursuant to ORS 537.625 shall prosecute the construction of a well or other means of developing and securing the ground water with reasonable diligence and complete the construction within a reasonable time fixed in the permit by the Water Resources Department, not to exceed seven years after the date of approval of the application.

�� (3)(a) The holder of a right for quasi-municipal, group domestic or group domestic expanded uses shall complete construction of proposed works and apply water beneficially within seven years from the date on which a permit for such uses is issued under ORS 537.211. The construction must proceed with reasonable diligence and be completed within the time specified in the permit, not to exceed seven years.

�� (b) Notwithstanding paragraph (a) of this subsection, the department may, for good cause shown, order and allow one extension of time to complete construction and apply water beneficially, not exceeding:

�� (A) Twenty years from the date that the extension is approved for quasi-municipal use.

�� (B) Ten years from the date the extension is approved for group domestic use or group domestic expanded use.

�� (c) In determining the extension under paragraph (b) of this subsection, the department shall give due weight to considerations in ORS 539.010 (5) and to whether other governmental requirements relating to the project have significantly delayed completion of the construction and beneficial application of the right.

�� (4) The holder of a permit for municipal use shall commence and complete the construction of any proposed works within 20 years from the date on which the permit for municipal use is issued under ORS 537.625. The construction must proceed with reasonable diligence and be completed within the time specified in the permit, not to exceed 20 years. However, the department may order and allow an extension of time to complete construction or to perfect a water right beyond the time specified in the permit under the following conditions:

�� (a) The holder shows good cause. In determining the extension, the department shall give due weight to the considerations described under ORS 539.010 (5) and to whether other governmental requirements relating to the project have significantly delayed completion of construction or perfection of the right;

�� (b) The extension of time is conditioned to require that the holder submit and obtain department approval of a water management and conservation plan;

�� (c) The extension of time is conditioned to provide that the holder may appropriate the undeveloped portion of the permit only upon approval by the department of a water management and conservation plan; and

�� (d) For the first extension issued after June 29, 2005, for a permit for municipal use issued before November 2, 1998, the department finds that the undeveloped portion of the permit is conditioned to maintain, in the portions of waterways affected by water use under the permit, the persistence of fish species listed as sensitive, threatened or endangered under state or federal law. The department shall base its finding on existing data and upon the advice of the State Department of Fish and Wildlife. An existing fish protection agreement between the permit holder and a state or federal agency that includes conditions to maintain the persistence of any listed fish species in the affected portion of the waterway is conclusive for purposes of the finding.

�� (5) If the construction of any well or other means of developing and securing the ground water is completed after the date of approval of the application for a permit under ORS 537.625, within 30 days after the completion, or if the construction is completed before the date of approval, within 30 days after the date of approval, the permit holder shall file a certificate of completion with the Water Resources Department, disclosing:

�� (a) The depth to the water table;

�� (b) The depth, diameter and type of each well, and the kind and amount of the casing;

�� (c) The capacity of the well pump in gallons per minute and the drawdown thereof;

�� (d) The identity of the record owner of any property that was described in the application for a permit under ORS 537.625 but is not included in the certificate of completion; and

�� (e) Any other information the department considers necessary.

�� (6) Upon completion of beneficial use necessary to secure the ground water as required under this section, the permit holder shall hire a water right examiner certified under ORS 537.798 to survey the appropriation. Within one year after applying the water to beneficial use or the beneficial use date allowed in the permit, the permit holder shall submit the survey as required by the Water Resources Department to the department along with the certificate of completion required under subsection (5) of this section. If any property described in the permit is not included in the request for a water right certificate, the holder of the permit shall state the identity of the record owner of that property.

�� (7) After the department has received a certificate of completion and a copy of the survey as required by subsections (5) and (6) of this section that show, to the satisfaction of the department, that an appropriation has been perfected in accordance with the provisions of ORS 537.505 to 537.795 and 537.992, except as provided in subsection (8) of this section, the department shall issue a ground water right certificate of the same character as that described in ORS 537.700. The certificate shall be recorded and transmitted to the applicant as provided in ORS 537.700.

�� (8) The department may not issue a water right certificate for municipal use under this section if:

�� (a) An extension of time is required; and

�� (b) The order approving the extension of time has not become final by operation of law or on appeal.

�� (9) The procedure for cancellation of a permit shall be as provided in ORS 537.260.

�� (10) Notwithstanding ORS 537.410, for purposes of obtaining a water right certificate under subsection (7) of this section for a supplemental water right, the holder of a permit shall have a facility capable of handling the full rate and duty of water requested from the supplemental source and be otherwise ready, willing and able to use the amount of water requested, up to the amount of water approved in the water right permit. To obtain a certificate for a supplemental water right, the holder is not required to have actually used water from the supplemental source if:

�� (a) Water was available from the source of the primary water right and the primary water right was used pursuant to the terms of the primary water right; or

�� (b) The nonuse of water from the supplemental source occurred during a period of time within which the exercise of the supplemental water right permit was not necessary due to climatic conditions. [1955 c.708 �12; 1959 c.437 �5; 1985 c.617 �2; 1985 c.673 �202; 1987 c.542 �8; 1995 c.367 �3; 1995 c.416 �34; 1997 c.446 �8; 1999 c.453 �2; 2005 c.410 �2; 2017 c.704 �4; 2025 c.282 �26]

�� Note: The amendments to 537.630 by section 26, chapter 282, Oregon Laws 2025, become operative April 1, 2026. See section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025. The text that is operative until April 1, 2026, is set forth for the user�s convenience.

�� 537.630. (1) As used in this section, �undeveloped portion� means the difference between the maximum rate or duty specified in a water right permit and the maximum rate or duty appropriated as of the later of:

�� (a) June 29, 2005;

�� (b) The time specified in the permit to perfect the water right; or

�� (c) The time specified in the last-approved extension of time to perfect the water right.

�� (2) Except for the holder of a permit for municipal use, the holder of a permit issued pursuant to ORS 537.625 shall prosecute the construction of a well or other means of developing and securing the ground water with reasonable diligence and complete the construction within a reasonable time fixed in the permit by the Water Resources Department, not to exceed five years after the date of approval of the application. However, the department, for good cause shown, shall order and allow an extension of time, including an extension beyond the five-year period, for the completion of the well or other means of developing and securing the ground water or for complete application of water to beneficial use. In determining the extension, the department shall give due weight to the considerations described under ORS 539.010 (5) and to whether other governmental requirements relating to the project have significantly delayed completion of construction or perfection of the right.

�� (3) The holder of a permit for municipal use shall commence and complete the construction of any proposed works within 20 years from the date on which the permit for municipal use is issued under ORS 537.625. The construction must proceed with reasonable diligence and be completed within the time specified in the permit, not to exceed 20 years. However, the department may order and allow an extension of time to complete construction or to perfect a water right beyond the time specified in the permit under the following conditions:

�� (b) The extension of time is conditioned to require that the holder submit and obtain department approval of a water management and conservation plan;

�� (4) If the construction of any well or other means of developing and securing the ground water is completed after the date of approval of the application for a permit under ORS 537.625, within 30 days after the completion, or if the construction is completed before the date of approval, within 30 days after the date of approval, the permit holder shall file a certificate of completion with the Water Resources Department, disclosing:

�� (a) The depth to the water table;

�� (b) The depth, diameter and type of each well, and the kind and amount of the casing;

�� (c) The capacity of the well pump in gallons per minute and the drawdown thereof;

�� (d) The identity of the record owner of any property that was described in the application for a permit under ORS 537.625 but is not included in the certificate of completion; and

�� (e) Any other information the department considers necessary.

�� (5) Upon completion of beneficial use necessary to secure the ground water as required under this section, the permit holder shall hire a water right examiner certified under ORS 537.798 to survey the appropriation. Within one year after applying the water to beneficial use or the beneficial use date allowed in the permit, the permit holder shall submit the survey as required by the Water Resources Department to the department along with the certificate of completion required under subsection (4) of this section. If any property described in the permit is not included in the request for a water right certificate, the holder of the permit shall state the identity of the record owner of that property.

�� (6) After the department has received a certificate of completion and a copy of the survey as required by subsections (4) and (5) of this section that show, to the satisfaction of the department, that an appropriation has been perfected in accordance with the provisions of ORS 537.505 to 537.795 and 537.992, except as provided in subsection (7) of this section, the department shall issue a ground water right certificate of the same character as that described in ORS 537.700. The certificate shall be recorded and transmitted to the applicant as provided in ORS 537.700.

�� (7) The department may not issue a water right certificate for municipal use under this section if:

�� (a) An extension of time is required; and

�� (b) The order approving the extension of time has not become final by operation of law or on appeal.

�� (8) The procedure for cancellation of a permit shall be as provided in ORS 537.260.

�� (9) Notwithstanding ORS 537.410, for purposes of obtaining a water right certificate under subsection (6) of this section for a supplemental water right, the holder of a permit shall have a facility capable of handling the full rate and duty of water requested from the supplemental source and be otherwise ready, willing and able to use the amount of water requested, up to the amount of water approved in the water right permit. To obtain a certificate for a supplemental water right, the holder is not required to have actually used water from the supplemental source if:

�� (a) Water was available from the source of the primary water right and the primary water right was used pursuant to the terms of the primary water right; or

�� Note: See second note under 537.230.

�� 537.632 [1959 c.437 �2; 1961 c.334 �10; renumbered 537.762]

�� 537.635 Assignment of application, certificate of registration or permit. (1) Any certificate of registration issued under ORS 537.610 or permit issued under ORS 537.625 may be assigned, subject to the conditions of the certificate of registration or permit, but no such assignment shall be binding, except upon the parties to the assignment, unless filed for record in the Water Resources Department.

�� (2) An assignment of an application filed under ORS 537.615 or a permit issued under ORS 537.625 and filed for record with the Water Resources Department shall identify the current record owners of all property described in the application or permit. The assignor shall furnish proof acceptable to the department that notice of the assignment has been given or attempted for each identified property owner not a party to the assignment. [1955 c.708 �13; 1985 c.673 �59; 1995 c.367 �4]

�� 537.665 Investigation of ground water reservoirs; defining characteristics and assigning names and numbers. (1) Upon its own motion, or upon the request of another state agency or local government, the Water Resources Commission, within the limitations of available resources, shall proceed as rapidly as possible to identify and define tentatively the location, extent, depth and other characteristics of each ground water reservoir in this state, and shall assign to each a distinctive name or number or both as a means of identification. The commission may make any investigation and gather all data and information essential to a proper understanding of the characteristics of each ground water reservoir and the relative rights to appropriate ground water from each ground water reservoir.

�� (2) In identifying the characteristics of each ground water reservoir under subsection (1) of this section, the commission shall coordinate its activities with activities of the Department of Environmental Quality under ORS 468B.185 in order that the final characterization may include an assessment of both ground water quality and ground water quantity.

�� (3) Before the commission makes a final determination of boundaries and depth of any ground water reservoir, the Water Resources Director shall proceed to make a final determination of the rights to appropriate the ground water of the ground water reservoir under ORS 537.670 to 537.695.

�� (4) The commission shall forward copies of all information acquired from an assessment conducted under this section to the central repository of information about Oregon�s ground water resource established pursuant to ORS 468B.167. [1955 c.708 �14; 1985 c.673 �60; 1989 c.833 �58]

�� 537.670 Determination of rights to appropriate ground water of ground water reservoir. (1) The Water Resources Director upon the motion of the director or, in the discretion of the director, upon receipt of a petition therefor by any one or more appropriators of ground water from such ground water reservoir, may proceed to make a final determination of the rights to appropriate the ground water of any ground water reservoir in this state.

�� (2) The director shall prepare a notice of intent to begin a determination referred to in subsection (1) of this section. The notice shall set forth a place and time when the director or the authorized assistant of the director shall begin the taking of testimony as to the rights of the various claimants to appropriate the ground water of the ground water reservoir and as to the boundaries and depth thereof. A copy of the notice shall be delivered to each person or public agency known to the director from an examination of the records in the Water Resources Department to be a claimant to a right to appropriate ground water of the ground water reservoir or any surface water within the area in which the ground water reservoir is located. The notice shall also be published in at least one issue each week for at least two consecutive weeks in a newspaper of general circulation published in each county in which the ground water reservoir or any part thereof is located. If the ground water reservoir is located in whole or in part within the limits of any city, the notice shall be published in at least one issue each week for at least two consecutive weeks in a newspaper of general circulation published in the city, if any, and copies of the notice shall be delivered to the mayor or chairperson of the governing body of the city. Copies of the notice shall be delivered and the last publication date of published notices shall be at least 30 days prior to the taking of any testimony.

�� (3) The director shall enclose with each copy of the notice referred to in subsection (2) of this section delivered to each person or public agency known to be a claimant to a right to appropriate ground water of the ground water reservoir a blank form on which such claimant shall present in writing all the particulars necessary for determination of the right of the claimant as may be prescribed by the director. The director may require each claimant to certify to the statements of the claimant under oath, and the director or the authorized assistant of the director may administer such oaths. [1955 c.708 �15; 1991 c.102 �3]

�� 537.675 Determination of rights in several reservoirs or of critical ground water area in same proceeding. (1) Whenever the Water Resources Director has reason to believe that two or more ground water reservoirs overlie one another wholly or in part, the director may proceed to a final determination of the rights to appropriate the ground water of each of such ground water reservoirs in the same proceeding under ORS 537.670 to 537.695.

�� (2) The director may include in a determination proceeding under ORS 537.670 to 537.695 a determination of a critical ground water area under ORS 537.730 to 537.740. [1955 c.708 �16]

�� 537.680 Taking testimony; inspecting evidence; contesting claim. Testimony shall be taken, evidence shall be open to inspection and claims shall be subject to contest in a proceeding to determine rights to appropriate the ground water of any ground water reservoir initiated under ORS 537.670 as nearly as possible in the same manner as provided in ORS 539.070, 539.090, 539.100 and 539.110 for the determination of the relative rights of the various claimants to the waters of any surface stream. [1955 c.708 �17]

�� 537.685 Findings of fact and order of determination. As soon as practicable after compilation of the evidence obtained in proceedings under ORS 537.665 to 537.680, the Water Resources Director shall make and cause to be entered of record in the Water Resources Department findings of fact and an order of determination, determining and establishing the several rights to appropriate the ground water of the ground water reservoir. The findings of fact and order of determination shall also include:

�� (1) The boundaries and depth of each ground water reservoir.

�� (2) The lowest permissible water level in each ground water reservoir.

�� (3) The location, extent, quality and other pertinent characteristics of the ground water supply.

�� (4) The serviceable methods of withdrawal of the ground water from each ground water reservoir.

�� (5) Rules for controlling the use of the ground water from each ground water reservoir.

�� (6) Such general or special rules or restrictions with respect to the construction, operation and protection of wells and the withdrawal of ground water thereby as in the judgment of the director the public welfare, health and safety may require.

�� (7) The name and post-office address of each claimant.

�� (8) The nature of the use of the ground water allowed for each well, together with the maximum permissible use of the ground water, the place of use of the ground water and the date of priority of each use.

�� (9) If the ground water is used or is to be used for irrigation purposes, a description of the lands irrigated or to be irrigated, giving the number of acres irrigated or to be irrigated in each 40-acre legal subdivision.

�� (10) The location of each well with reference to government survey corners or monuments or corners of recorded plats.

�� (11) The depth, diameter and type of each well, the kind and amount of the casing, the capacity of each well in gallons per minute and such other information concerning each well as in the opinion of the director may be pertinent. [1955 c.708 �18; 1991 c.102 �4]

�� 537.690 Filing evidence, findings and determinations; court proceedings. The evidence relied upon by the Water Resources Director in the entry of the findings of fact and order of determination under ORS 537.685, together with a copy of such findings and order, shall be certified to by the director and filed with the clerk of the circuit court wherein the determination is to be heard, which shall be the circuit court of any county in which the ground water reservoir or any part thereof is located. A certified copy of the findings of fact and the order of determination shall also be filed with the county clerk of every other county in which the ground water reservoir or any part thereof is located. Thereafter, proceedings shall be had as nearly as possible in the same manner as provided in ORS 539.130 (2), (3) and (4), 539.150, 539.160, 539.170, 539.180, 539.190 and 539.210 for the final adjudication of the relative rights of the various claimants to the waters of any surface stream. [1955 c.708 �19]

�� 537.695 Conclusive adjudication. The determination of the Water Resources Director under ORS 537.685, as confirmed or modified by the circuit court or Supreme Court, shall be a conclusive adjudication as to all claimants of rights to appropriate the ground water of each ground water reservoir included within the order of determination. [1955 c.708 �20]

�� 537.700 Issuing ground water right certificate. Upon the final determination under ORS 537.670 to

ORS 526.280

526.280 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 526 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 526.272 Expanding activities under the Good Neighbor Authority Agreement. (1) The State Forestry Department shall:

�� (a) In collaboration with any forest protective association or agency that is under contract or agreement with the State Board of Forestry for the protection of forestland against fire, and whose protection area is or may be affected by a fire on nearby federal lands, and with a focus on protecting lands and rural communities within the wildland-urban interface, as defined in ORS 477.015, from fire on federal lands, endeavor to further shared stewardship to decrease wildfire risk across Oregon through increased partnership with federal agencies to expand activities under the Good Neighbor Authority Agreement described in ORS 526.275 in federal forests through:

�� (A) Increasing forest thinning.

�� (B) Reducing ladder fuels and other hazardous fuel loading.

�� (C) Restoring meadowland.

�� (D) Increasing biomass utilization.

�� (E) Increasing post-disturbance recovery and restoration activities.

�� (b) Request that the federal agencies fund portions of the activities described in paragraph (a) of this subsection.

�� (2) Activities undertaken pursuant to subsection (1) of this section must be executed in a manner that protects and enhances the long-term ecological health of a landscape, in conformance with the most broadly accepted scientific principles of forestry. [2023 c.214 �1; 2025 c.590 �20]

�� Note: 526.272 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 526 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 526.273 Cooperation with federal agencies. The State Forestry Department shall cooperate with federal agencies to increase the effectiveness of activities undertaken pursuant to ORS 526.271, 526.274 and

ORS 527.676

527.676, 527.740, 527.750 and 527.755 for the purpose of an operation for the planting, growing, managing or harvesting of hardwood timber, including but not limited to hybrid cottonwood, if:

�� (a) The timber is grown on land that has been prepared by intensive cultivation methods and is cleared of competing vegetation for at least three years after planting;

�� (b) The timber is harvested on a rotation cycle of more than 12 years and less than 20 years after planting; and

�� (c) The timber is subject to intensive agricultural practices, including but not limited to fertilization, cultivation, irrigation, insect control and disease control. [1991 c.919 �3; 1993 c.657 �5; 1995 s.s. c.3 �39r; 1996 c.9 �20; 2008 c.11 �1]

�� 527.738 Riparian prescriptions; small forestland owner minimum option; rules. (1) As used in this section:

�� (a) �Common ownership� means direct ownership by one or more individuals or ownership by a corporation, partnership, association or other entity in which an individual owns a significant interest.

�� (b) �Small forestland owner minimum option� means any small forestland owner minimum option available for small forestland owners pursuant to rules adopted by the State Board of Forestry under ORS 527.711.

�� (2) The board may not establish riparian prescriptions that result in minimum riparian buffer widths or lengths that measure less than the minimum riparian buffer widths or lengths set forth in sections 5.3.1.3 and 5.3.1.4 of chapter 5 of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022.

�� (3)(a) An operator, timber owner or landowner may not follow a small forestland owner minimum option for an operation unless the department determines that, as of the date the department receives a notification related to the operation under ORS 527.670:

�� (A) The landowner of the forestland where the operation will occur owns or holds common ownership interest in less than 5,000 acres of forestland in this state;

�� (B) No more than an average yearly volume of two million board feet of merchantable forest products has been harvested from the landowner�s forestland in this state, when averaged over the three years prior to the date the department receives the notification; and

�� (C) The landowner has submitted an affirmation to the department that it does not expect to exceed an average yearly volume of two million board feet of merchantable forest products to be harvested from the landowner�s forestland in this state during the 10 years following the date the department receives the notification.

�� (b) Notwithstanding paragraph (a)(B) and (C) of this subsection, the department may allow a landowner to follow a small forestland owner minimum option if the landowner establishes to the department�s reasonable satisfaction that any exceedance of the harvest limits set forth in paragraph (a)(B) or (C) of this subsection was or will be necessary to raise funds to pay estate taxes or for a compelling and unexpected obligation.

�� (4) The department may require a landowner to submit, as part of the notification required under ORS 527.670, any additional information or statements necessary to determine whether a landowner meets the requirements of subsection (3) of this section.

�� (5) The board may adopt any rules necessary to implement this section. [2022 c.33 �16]

�� Note: 527.738 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).

�� Note: 527.738 and 527.739 were added to and made a part of 527.610 to 527.770 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 527.739 Application of restrictions related to small forestland owner minimum option; rules. In any tax year that a tax credit allowed for use of the standard practice in lieu of the small forestland owner minimum option is not available to small forestland owners, State Board of Forestry rules must provide that restrictions on using the small forestland owner minimum option related to the horizontal feet limitation applicable to fifth field watersheds are not in effect. [2022 c.33 �16a]

�� Note: 527.739 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).

�� Note: See second note under 527.738.

�� 527.740 Harvest type 3 limitations; exceptions. (1) No harvest type 3 unit within a single ownership shall exceed 120 acres in size, except as provided in ORS 527.750.

�� (2) No harvest type 3 unit shall be allowed within 300 feet of the perimeter of a prior harvest type 3 unit within a single ownership if the combined acreage of the harvest type 3 areas subject to regulation under the Oregon Forest Practices Act would exceed 120 acres in size, unless the prior harvest type 3 unit has been reforested as required by all applicable regulations and:

�� (a) At least the minimum tree stocking required by rule is established per acre; and either

�� (b) The resultant stand of trees has attained an average height of at least four feet; or

�� (c) At least 48 months have elapsed since the stand was created and it is �free to grow� as defined by the State Board of Forestry.

�� (3) Any acreage attributable to riparian areas or to resource sites listed in ORS 527.710 (3) that is located within a harvest unit shall not be counted in calculating the size of a harvest type 3 unit.

�� (4) The provisions of this section shall not apply when the land is being converted to managed conifers or managed hardwoods from brush or hardwood stands that contain less than 80 square feet of basal area per acre of trees 11 inches DBH or greater or when the harvest type 3 results from disasters such as fire, insect infestation, disease, windstorm or other occurrence that the State Forester determines was beyond the landowner�s control and has substantially impaired productivity or safety on the unit or jeopardizes nearby forestland. The prior approval of the State Forester shall be required for such conversion or harvest type 3 operations that exceed 120 acres in size.

�� (5) The provisions of this section do not apply to any operation where the operator demonstrates to the State Forester that:

�� (a) The trees are subject to a cutting right created by written contract prior to October 1, 1990, which provides that the trees must be paid for regardless of whether the trees are cut, or subject to a cutting right created by reservation in a deed prior to October 1, 1990; and

�� (b) If the provisions of this section were applied, the cutting right would expire before all the trees subject to the cutting right could reasonably be harvested. [1991 c.919 �4; 1995 s.s. c.3 �39b; 1996 c.9 �4]

�� 527.745 Reforestation of certain harvest types; adoption of standards; rules. (1) The State Board of Forestry shall adopt standards for the reforestation of harvest type 1 and harvest type 3. Unless the board makes the findings for alternate standards under subsection (2) of this section, the standards for the reforestation of harvest type 1 and harvest type 3 shall include the following:

�� (a) Reforestation, including site preparation, shall commence within 12 months after the completion of harvest and shall be completed by the end of the second planting season after the completion of harvest. By the end of the fifth growing season after planting or seeding, at least 200 healthy conifer or suitable hardwood seedlings or lesser number as permitted by the board by rule, shall be established per acre, well-distributed over the area, which are �free to grow� as defined by the board.

�� (b) Landowners may submit plans for alternate practices that do not conform to the standards established under paragraph (a) of this subsection or the alternate standards adopted under subsection (2) of this section, including but not limited to variances in the time in which reforestation is to be commenced or completed or plans to reforest sites by natural reforestation. Such alternate plans may be approved if the State Forester determines that the plan will achieve equivalent or better regeneration results for the particular conditions of the site, or the plan carries out an authorized research project conducted by a public agency or educational institution.

�� (2) The board, by rule, may establish alternate standards for the reforestation of harvest type 1 and harvest type 3, in lieu of the standards established in subsection (1) of this section, but in no case can the board require the establishment of more than 200 healthy conifer or suitable hardwood seedlings per acre. Such alternate standards may be adopted upon finding that the alternate standards will better assure the continuous growing and harvesting of forest tree species and the maintenance of forestland for such purposes, consistent with sound management of soil, air, water, fish and wildlife resources based on one or more of the following findings:

�� (a) Alternate standards are warranted based on scientific data concerning biologically effective regeneration;

�� (b) Different standards are warranted for particular geographic areas of the state due to variations in climate, elevation, geology or other physical factors; or

�� (c) Different standards are warranted for different tree species, including hardwoods, and for different growing site conditions.

�� (3) Pursuant to ORS 527.710, the board may adopt definitions, procedures and further regulations to implement the standards established under subsection (1) of this section, without making the findings required in subsection (2) of this section, if those procedures or regulations are consistent with the standards established in subsection (1) of this section.

�� (4) The board shall encourage planting of disease and insect resistant species in sites infested with root pathogens or where planting of susceptible species would significantly facilitate the spread of a disease or insect pest and there are immune or more tolerant commercial species available which are adapted to the site.

�� (5) Notwithstanding subsections (1), (2) and (3) of this section, in order to remove potential disincentives to the conversion of underproducing stands, as defined by the board, or the salvage of stands that have been severely damaged by wildfire, insects, disease or other factors beyond the landowner�s control, the State Forester may suspend the reforestation requirements for specific harvest type 1 or harvest type 3 units in order to take advantage of the Forest Resource Trust provisions, or other cost-share programs administered by the State Forester or where the State Forester is the primary technical adviser. Such suspension may occur only on an individual case basis, in writing, based on a determination by the State Forester that the cost of harvest preparation, harvest, severance and applicable income taxes, logging, site preparation, reforestation and any other measures necessary to establish a free to grow forest stand will likely exceed the gross revenues of the harvest. The board shall adopt rules implementing this subsection establishing the criteria for and duration of the suspension of the reforestation requirements.

�� (6) Notwithstanding subsections (1), (2) and (3) of this section, at the request of the Department of Transportation, the State Forester shall consult with the department concerning reforestation requirements for harvest type 1 and harvest type 3 in areas that are within or adjacent to a state highway right of way. The State Forester shall waive reforestation requirements in areas deemed to be unsuitable for reforestation by the department in order to maintain motorist safety and to protect highways, bridges and utility lines. [1991 c.919 �6; 1993 c.562 �1; 1995 s.s. c.3 �39c; 1996 c.9 �5; 2012 c.56 �5]

�� 527.750 Exceeding harvest type 3 size limitation; conditions; rules. (1) Notwithstanding the requirements of ORS 527.740, a harvest type 3 unit within a single ownership that exceeds 120 acres but does not exceed 240 acres may be approved by the State Forester if all the requirements of this section and any additional requirements established by the State Board of Forestry are met. Proposed harvest type 3 units that are within 300 feet of the perimeter of a prior harvest type 3 unit, and that would result in a total combined harvest type 3 area under a single ownership exceeding 120 acres but not exceeding 240 acres, may be approved by the State Forester if the additional requirements are met for the combined area. No harvest type 3 unit within a single ownership shall exceed 240 contiguous acres. No harvest type 3 unit shall be allowed within 300 feet of the perimeter of a prior harvest type 3 unit within a single ownership if the combined acreage of the areas subject to regulation under the Oregon Forest Practices Act would exceed 240 acres, unless:

�� (a) The prior harvest type 3 unit has been reforested by all applicable regulations;

�� (b) At least the minimum tree stocking required by rule is established per acre; and

�� (c)(A) The resultant stand of trees has attained an average height of at least four feet; or

�� (B) At least 48 months have elapsed since the stand was created and it is �free to grow� as defined by the board.

�� (2) The requirements of this section are in addition to all other requirements of the Oregon Forest Practices Act and the rules adopted thereunder. The requirements of this section shall be applied in lieu of such other requirements only to the extent the requirements of this section are more stringent. Nothing in this section shall apply to operations conducted under ORS 527.740 (4) or (5).

�� (3) The board shall require that a plan for an alternate practice be submitted prior to approval of a harvest type 3 operation under this section. The board may establish by rule any additional standards applying to operations under this section.

�� (4) The State Forester shall approve the harvest type 3 operation if the proposed operation would provide better overall results in meeting the requirements and objectives of the Oregon Forest Practices Act.

�� (5) The board shall specify by rule the information to be submitted for approval of harvest type 3 operations under this section, including evidence of past satisfactory compliance with the Oregon Forest Practices Act. [1991 c.919 �7; 1995 s.s. c.3 �39d; 1996 c.9 �6; 2003 c.740 �5; 2005 c.22 �378]

�� 527.755 Scenic highways; visually sensitive corridors; operations restricted; exemptions. (1) The following highways are hereby designated as scenic highways for purposes of the Oregon Forest Practices Act:

�� (a) Interstate Highways 5, 84, 205, 405; and

�� (b) State Highways 6, 7, 20, 18/22, 26, 27, 30, 31, 34, 35, 36, 38, 42, 58, 62, 66, 82, 97, 101, 126, 138, 140, 199, 230, 234 and 395.

�� (2) The purpose of designating scenic highways is to provide a limited mechanism that maintains roadside trees for the enjoyment of the motoring public while traveling through forestland, consistent with ORS 527.630, safety and other practical considerations.

�� (3) The State Board of Forestry, in consultation with the Department of Transportation, shall establish procedures and regulations as necessary to implement the requirements of subsections (4), (5) and (6) of this section, consistent with subsection (2) of this section, including provisions for alternate plans. Alternate plans that modify or waive the requirements of subsection (4), (5) or (6) of this section may be approved when, in the judgment of the State Forester, circumstances exist such as:

�� (a) Modification or waiver is necessary to maintain motorist safety, protect improvements such as dwellings and bridges, or protect forest health;

�� (b) Modification or waiver will provide additional scenic benefits to the motoring public, such as exposure of distant scenic vistas;

�� (c) Trees that are otherwise required to be retained will not be visible to motorists;

�� (d) The operation involves a change of land use that is inconsistent with maintaining a visually sensitive corridor; or

�� (e) The retention of timber in a visually sensitive corridor will result in severe economic hardship for the owner because all or nearly all of the owner�s property is within the visually sensitive corridor.

�� (4)(a) For harvest operations within a visually sensitive corridor, at least 50 healthy trees of at least 11 inches DBH, or that measure at least 40 square feet in basal area, shall be temporarily left on each acre.

�� (b) Overstory trees initially required to be left under paragraph (a) of this subsection may be removed when the reproduction understory reaches an average height of at least 10 feet and has at least the minimum number of stems per acre of free to grow seedlings or saplings required by the board for reforestation, by rule.

�� (c) Alternatively, when the adjacent stand, extending from 150 feet from the outermost edge of the roadway to 300 feet from the outermost edge of the roadway, has attained an average height of at least 10 feet and has at least the minimum number of stems per acre of free to grow seedlings or saplings required by the board for reforestation, by rule, or at least 40 square feet of basal area per acre, no trees are required to be left in the visually sensitive corridor, or trees initially required to be left under paragraph (a) of this subsection may be removed. When harvests within the visually sensitive corridor are carried out under this paragraph, the adjacent stand, extending from 150 feet from the outermost edge of the roadway to 300 feet from the outermost edge of the roadway, shall not be reduced below the minimum number of stems per acre of free to grow seedlings or saplings at least 10 feet tall required by the board for reforestation, by rule, or below 40 square feet of basal area per acre until the adjacent visually sensitive corridor has been reforested as required under subsection (6) of this section and the stand has attained an average height of at least 10 feet and has at least the minimum number of stems per acre.

�� (5) Harvest areas within a visually sensitive corridor shall be cleared of major harvest debris within 30 days of the completion of the harvest, or within 60 days of the cessation of active harvesting activity on the site, regardless of whether the harvest operation is complete.

�� (6) Notwithstanding the time limits established in ORS 527.745 (1)(a), when harvesting within a visually sensitive corridor results in a harvest type 1 or harvest type 3, reforestation shall be completed by the end of the first planting season after the completion of the harvest. All other provisions of ORS 527.745 shall also apply to harvest type 1 or harvest type 3 within visually sensitive corridors.

�� (7) Landowners and operators shall not be liable for injury or damage caused by trees left within the visually sensitive corridor for purposes of fulfilling the requirements of this section, when carried out in compliance with the provisions of the Oregon Forest Practices Act.

�� (8) The following are exempt from this section:

�� (a) Harvest on single ownerships less than five acres in size;

�� (b) Harvest within an urban growth boundary, as defined in ORS 197.015; and

�� (c) Harvest within zones designated for rural residential development pursuant to an exception adopted to the statewide land use planning goals under ORS 197.732. [1991 c.919 �17; 1993 c.306 �1; 1995 s.s. c.3 �39e; 1996 c.9 �7; 1997 c.249 �179; 2007 c.383 �1; 2023 c.13 �102]

�� 527.760 Reforestation exemptions for land use changes. (1) The State Board of Forestry shall review its rules governing changes in land use and adopt or amend rules as necessary to assure that only bona fide, established and continuously maintained changes from forest uses are provided an exemption from reforestation requirements. The board shall set specific time periods for the completion of land use conversions. Among other factors, the board shall condition exemptions from reforestation requirements upon:

�� (a) Demonstrating the intended change in land use is authorized under local land use and zoning ordinances, including obtaining and maintaining all necessary land use or construction permits and approvals for the intended change in land use;

�� (b) Demonstrating progress toward the change in land use within the time required for planting of trees, and substantial completion and continuous maintenance of the change in land use in a time certain;

�� (c) Allowing an exemption for only the smallest land area necessary to carry out the change in land use, and requiring that additional land area within the harvest unit remains subject to all applicable reforestation requirements; and

�� (d) Allowing an exemption only to the extent that the proposed land use is not compatible with the maintenance of forest cover.

�� (2) The board may require that, prior to commencing an operation where a change in land use is proposed, a bond, cash deposit, irrevocable letter of credit or other security be filed with the State Forester in an amount determined by the State Forester sufficient to cover the cost of site preparation and reforestation for the area subject to an exemption from reforestation due to a change in land use, and shall require that provisions be made for the administration and collection on such bond or security deposit in the event that the change in land use is not established or continuously maintained within a time certain.

�� (3) Nothing in this section is intended to exempt any change in land use from, nor affect the applicability and administration of, any planning, zoning or permitting requirements provided under state or local laws or regulations. [1991 c.919 �8]

�� 527.765 Best management practices to maintain water quality; rules. (1) The State Board of Forestry shall establish best management practices and other rules applying to forest practices as necessary to insure that to the maximum extent practicable nonpoint source discharges of pollutants resulting from forest operations on forestlands do not impair the achievement and maintenance of water quality standards established by the Environmental Quality Commission for the waters of the state. Such best management practices shall consist of forest practices rules adopted to prevent or reduce pollution of waters of the state. Factors to be considered by the board in establishing best management practices shall include, where applicable, but not be limited to:

�� (a) Beneficial uses of waters potentially impacted;

�� (b) The effects of past forest practices on beneficial uses of water;

�� (c) Appropriate practices employed by other forest managers;

�� (d) Technical, economic and institutional feasibility; and

�� (e) Natural variations in geomorphology and hydrology.

�� (2) The board shall consult with the Environmental Quality Commission in adoption and review of best management practices and other rules to address nonpoint source discharges of pollutants resulting from forest operations on forestlands.

�� (3)(a) Notwithstanding ORS 183.310 (8), upon written petition for rulemaking under ORS

ORS 527.685

527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 9, 26 to 29, 40, 41 and 45 to 49 of this 2022 Act shall remain in effect only if:

�� (a) An incidental take permit related to an approved habitat conservation plan consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, is issued on or before December 31, 2027;

�� (b) The State Board of Forestry has not made a finding that the habitat conservation plan imposes more than a de minimis difference in economic or resource impacts, at the level of landscapes, relative to rules adopted or amended as part of the rule package described in section 2 of this 2022 Act [527.711]; and

�� (c) The incidental take permit remains in effect.

�� (2) The legislative intent described in subsection (1) of this section is established by sections 55 to 64 of this 2022 Act. [2022 c.33 �54]

�� Sec. 55. Petition for finding related to habitat conservation plan. (1) If an incidental take permit related to an approved habitat conservation plan responsive to the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, is issued on or before December 31, 2027, an author of the Private Forest Accord Report may, no later than 14 days after the date the incidental take permit is issued, petition the State Board of Forestry to make a finding as to whether the habitat conservation plan imposes more than a de minimis difference in economic or resource impacts, at the level of landscapes, relative to rules adopted or amended as part of the rule package described in section 2 of this 2022 Act [527.711].

�� (2) If the board receives a petition described in subsection (1) of this section, the board shall issue a finding no later than 45 days after the date the petition is received.

�� (3) If the board finds that the habitat conservation plan imposes more than a de minimis difference:

�� (a) On or before the 91st day after the date the board makes the finding, the board shall:

�� (A) Repeal new rules adopted as part of the rule package described in section 2 of this 2022 Act.

�� (B) Amend rules in effect on or before the effective date of this 2022 Act [March 17, 2022] as needed to conform with repeals described in subparagraph (A) of this paragraph.

�� (C) Amend any other rules as needed to conform with repeals described in subparagraph (A) of this paragraph.

�� (b) On or before the 120th day after the board makes the finding, the State Fish and Wildlife Commission shall amend rules as needed to conform the rules with actions taken by the board under paragraph (a) of this subsection. [2022 c.33 �55]

�� Sec. 56. Revocation or invalidation of incidental take permit. If, pursuant to section 55 (1) and (2) of this 2022 Act, the State Board of Forestry does not make a finding or finds that the habitat conservation plan described in section 55 (1) of this 2022 Act does not impose more than a de minimis difference, as described in section 55 (1) of this 2022 Act, and the incidental take permit described in section 55 (1) of this 2022 Act is subsequently revoked or invalidated:

�� (1) On or before the 180th day after the date that any appeals process related to the revocation or invalidation has been exhausted or foregone, whichever occurs first, the board shall:

�� (a) Repeal new rules adopted as part of the rule package described in section 2 of this 2022 Act [527.711].

�� (b) Amend rules in effect on or before the effective date of this 2022 Act [March 17, 2022] as needed to conform with repeals described in paragraph (a) of this subsection.

�� (c) Amend any other rules as needed to conform with repeals described in paragraph (a) of this subsection.

�� (2) On or before the 210th day after the date that any appeals process related to the revocation or invalidation has been exhausted or foregone, whichever occurs first, the State Fish and Wildlife Commission shall amend rules as needed to conform the rules with actions taken by the board under subsection (1) of this section. [2022 c.33 �56]

�� Sec. 57. Issuance of incidental take permit on or before December 31, 2027. If an incidental take permit related to an approved habitat conservation plan consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, is not issued on or before December 31, 2027:

�� (1) On or before April 1, 2028, the State Board of Forestry shall:

�� (a) Repeal new rules adopted as part of the rule package described in section 2 of this 2022 Act [527.711].

�� (b) Amend rules in effect on or before the effective date of this 2022 Act [March 17, 2022] as needed to conform with repeals described in paragraph (a) of this subsection.

�� (c) Amend any other rules as needed to conform with repeals described in paragraph (a) of this subsection.

�� (2) On or before May 1, 2028, the State Fish and Wildlife Commission shall amend rules as needed to conform the rules with actions taken by the board under subsection (1) of this section. [2022 c.33 �57]

�� Sec. 58. Report on issuance of incidental take permit and finding related to habitat conservation plan. On or before February 1, 2028, the State Board of Forestry shall report to a committee or interim committee of the Legislative Assembly related to forestry, in the manner described in ORS 192.245, on:

�� (1) Whether the incidental take permit described in section 11 of this 2022 Act was issued on or before December 31, 2027.

�� (2) Whether the board has received a petition to make a finding described in section 55 (1) and (2) of this 2022 Act. [2022 c.33 �58]

�� Sec. 59. Report on revocation or invalidation of incidental take permit. If an incidental take permit related to an approved habitat conservation plan consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, is issued on or before December 31, 2027, but is subsequently revoked or invalidated, after the date that any appeals process related to the revocation or invalidation has been exhausted or forgone, whichever occurs first, the State Board of Forestry shall:

�� (1) Promptly report the revocation or invalidation to a committee or interim committee of the Legislative Assembly related to forestry, in the manner described in ORS

ORS 527.990

527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative on June 1, 2028. [2022 c.33 �63]

�� Sec. 64. Repeal of conditionally operative provisions. Sections 59 and 62 of this 2022 Act are repealed on January 2, 2077. [2022 c.33 �64]

�� 496.257 Private Forest Accord Grant Program; rules. (1) As used in this section, �forestland� and �forest practice� have the meanings given those terms in ORS 527.620.

�� (2) The State Fish and Wildlife Commission shall establish by rule a Private Forest Accord Grant Program for the purpose of funding projects that mitigate impacts of forest practices by:

�� (a) Removing structures that block the passage of aquatic organisms or repairing the structures to promote the passage of aquatic organisms.

�� (b) Placing logs or other wood-based material in streams to promote natural stream functions.

�� (c) Conserving, recruiting or reintroducing beavers to restore aquatic landscapes.

�� (d) Developing or sustaining healthy riparian corridors or wet meadow complexes to reduce burn intensity during fires and protect streams from excess sediment after a fire.

�� (e) Applying restoration treatments to densely stocked, single-species stands of trees to hasten the return of riparian function after tree harvesting.

�� (f) Applying restoration treatments to stands of trees to enhance historic species diversity that benefits riparian function.

�� (g) Supporting establishment of conservation easements on land other than forestland to protect riparian areas.

�� (h) Supporting acquisition of an existing water right for conversion to an in-stream water right, as described in ORS 537.348, to improve in-stream flow conditions.

�� (i) Installing fencing or otherwise excluding grazing in riparian areas or around seeps or springs.

�� (j) Installing off-stream stockwater systems or hardened watering gaps to reduce the effects of grazing on aquatic organisms.

�� (k) Undertaking other measures that effectively conserve or restore habitat for aquatic organisms addressed by a habitat conservation plan that is consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022.

�� (3) In administering the program, the commission:

�� (a) Shall develop criteria for awarding a grant and a process for applying for a grant.

�� (b) Shall award grants to most effectively mitigate impacts of forest practices, consistent with advice from the Private Forest Accord Mitigation Advisory Committee.

�� (c) May award a grant to another agency.

�� (d) May require the recipient of a grant to report to the commission on the use of grant funds. [2022 c.33 �32]

�� Note: 496.257 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (note preceding 496.257).

�� Note: 496.257 and 496.259 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 496.259 Private Forest Accord Mitigation Advisory Committee. (1) The Private Forest Accord Mitigation Advisory Committee is established as an advisory committee to the State Fish and Wildlife Commission and the State Department of Fish and Wildlife for the purpose of carrying out the duties described in subsection (11) of this section.

�� (2) The committee shall consist of up to 12 members, including seven voting members appointed pursuant to subsections (3) and (4) of this section and up to five nonvoting members as provided for in subsection (5) of this section.

�� (3)(a) The Governor shall appoint the following six voting members:

�� (A) Three members who represent the timber industry.

�� (B) Three members who represent nongovernmental organizations that promote conservation of freshwater aquatic habitat.

�� (b) In appointing members, the Governor shall solicit and consider recommendations from the timber industry and nongovernmental organizations that promote conservation of freshwater aquatic habitat.

�� (4) The members of the Oregon Conservation and Recreation Advisory Committee shall select and appoint from among themselves one person to serve as a voting member of the Private Forest Accord Mitigation Advisory Committee.

�� (5) The department shall appoint up to five nonvoting members recommended by:

�� (a) The State Forestry Department.

�� (b) The Oregon Watershed Enhancement Board.

�� (c) The State Department of Fish and Wildlife.

�� (d) The United States Fish and Wildlife Service.

�� (e) The National Marine Fisheries Service.

�� (6)(a) The term of a voting member is four years.

�� (b) Before the expiration of the term of a voting member, the appropriate appointing authority shall appoint a successor whose term begins on the following January 31.

�� (c) A voting member may be reappointed but may not serve for more than two full terms.

�� (d) A voting member appointed by the Governor may be removed only for cause.

�� (7) In case of a vacancy, the appropriate appointing authority shall make an appointment to become effective immediately for the unexpired portion of the term.

�� (8) The voting members shall biennially select from among themselves a chairperson and vice chairperson.

�� (9) The committee shall meet at least four times per year.

�� (10) A majority of the voting members constitutes a quorum for the transaction of business.

�� (11) The committee shall:

�� (a) Review State Department of Fish and Wildlife policies regarding the use of moneys deposited in the Private Forest Accord Mitigation Subaccount of the Oregon Conservation and Recreation Fund and make recommendations to the commission and the department regarding the use of moneys in the subaccount.

�� (b) Solicit and review grant applications under the Private Forest Accord Grant Program described in ORS 496.257 and advise the commission and department on how to award grants in a manner that will most effectively mitigate the impacts of forest practices, as defined in ORS 527.620.

�� (12) In undertaking the duties described in subsection (11) of this section, the committee may solicit and consider recommendations from, and otherwise coordinate with, the Oregon Conservation and Recreation Advisory Committee.

�� (13) Members of the Private Forest Accord Mitigation Advisory Committee may receive compensation and expenses as described in ORS 292.495. [2022 c.33 �30]

�� Note: 496.259 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (note preceding 496.257).

�� Note: See second note under 496.257.

�� 496.260 [1981 c.720 �22; repealed by 2011 c.83 �24]

FISH AND WILDLIFE HABITAT IMPROVEMENT

�� 496.264 Findings. The Legislative Assembly finds and declares that:

�� (1) Many small streams in eastern Oregon were historically inhabited by beaver populations and strongly influenced by beavers� unique ability to modify their physical surroundings. Beaver dams had the effect of slowing the flow of water, allowing for natural overflow onto surrounding ancient floodplains and providing many positive benefits to stream ecosystems and to the hydrologic functioning of streams and adjacent water tables.

�� (2) Due, in part, to the near eradication of the once prevalent beaver populations, many stream systems have become severely degraded during the past century, developing deeply eroded and incised stream channels that have lost connectivity with the natural ancient floodplain. These changes to the stream systems have resulted in adverse environmental and economic impacts.

�� (3) The public policy of the State of Oregon is to encourage and support a program for voluntary stream restoration actions by landowners that can help restore both environmental and economic health to eastern Oregon through the construction of environmental restoration weirs, provided that the voluntary stream restoration actions do not have significant adverse consequences for the environment or existing water rights.

�� (4) Environmental restoration weirs constructed pursuant to ORS 496.266 may provide benefits to stream restoration that include:

�� (a) Improving habitat conditions;

�� (b) Slowing stream runoff;

�� (c) Decreasing the chance of catastrophic wildfire;

�� (d) Improving carbon sequestration; and

�� (e) Improving economic productivity of the adjacent ancient floodplain. [2021 c.63 �2]

�� Note: 496.264 and 496.266 were added to and made a part of the wildlife laws by legislative action but were not added to ORS chapter 496 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 496.265 [1981 c.720 �23; 1989 c.924 �8; repealed by 2011 c.83 �24]

�� 496.266 Environmental restoration weirs; rules. (1) As used in this section and ORS 496.264:

�� (a) �Ancient floodplain� means channel adjacent areas and surfaces constructed by fluvial processes that functioned as floodplains or areas for overbank deposition prior to channel incision.

�� (b) �Environmental restoration weir� means one or more structures that are constructed:

�� (A) For the purpose of delaying or slowing, but not preventing, streamflow to promote restoration of stream and habitat conditions;

�� (B) Such that the structures do not store or appropriate water in a manner that would require a permit from the Water Resources Department;

�� (C) To be no larger than necessary to cause overbank flooding onto the lands constituting the ancient floodplain during ordinary periods of high streamflow; and

�� (D) From wood, earth, dirt, rock or other natural materials.

�� (c) �Healthy native migratory fish population� means a population of native migratory fish that, as determined by the State Department of Fish and Wildlife:

�� (A) Demonstrates appropriate life stages throughout the year; and

�� (B) Reproduces at sufficient levels to be a self-sustaining population into the foreseeable future.

�� (d) �Incised or eroded stream� means a stream that has been scoured by erosion to the extent that the channel bed elevation has lowered relative to its ancient floodplain and the stream has lost connectivity with the ancient floodplain, as characterized by:

�� (A) The loss of natural wetland, riparian or meadow conditions in the adjacent surfaces;

�� (B) The absence of overbank flooding or deposition during ordinary periods of high streamflow;

�� (C) The loss of diversity of fish or other species; or

�� (D) The presence of invasive dry land species that have encroached from adjacent uplands, including but not limited to sagebrush, bunch grass, juniper and pine.

�� (e) �Native migratory fish� has the meaning given that term in ORS 509.580.

�� (f) �Qualifying stream� means an incised or eroded stream, a designated reach of an incised or eroded stream or a designated set of adjacent reaches of an incised or eroded stream that, prior to commencement of a project authorized pursuant to subsection (2) of this section:

�� (A) Has an estimated median monthly natural streamflow of less than one cubic foot per second during at least two months of the year;

�� (B) Has not had a healthy native migratory fish population for at least three years prior to the time of authorization; and

�� (C) Is incised or eroded to the extent that the channel bed elevation has lowered by two feet or more relative to the elevation of the ancient floodplain.

�� (g) �Reach� means a section of a stream that is similar in flow topography and habitat characteristics and is between 50 and 500 feet in length.

�� (h) �Summit of the Cascade Mountains� has the meaning given that term in ORS 321.805.

�� (2) The State Department of Fish and Wildlife shall adopt by rule and administer a program for authorizing voluntary projects for stream restoration and habitat improvement through the construction of environmental restoration weirs. The department may only authorize a project under the program if:

�� (a) The project involves construction of environmental restoration weirs on one or more qualifying streams located in any closed basin:

�� (A) From which water does not flow to the Pacific Ocean; and

�� (B) That is located east of the summit of the Cascade Mountains;

�� (b) Construction of the environmental restoration weirs will be completed no later than July 1, 2031; and

�� (c) The project complies with local floodplain regulations if the project is located within an area subject to floodplain management.

�� (3) Rules adopted under subsection (2) of this section shall identify criteria for evaluating voluntary projects undertaken pursuant to the program.

�� (4) If the department determines that native migratory fish are present in a qualifying stream prior to the date of construction of environmental restoration weirs, the person engaging in the proposed voluntary project shall provide fish passage pursuant to ORS 509.585.

�� (5)(a) If the department determines that native migratory fish are not present in a qualifying stream prior to the date of construction of environmental restoration weirs, the person engaging in the proposed voluntary project is exempt from meeting the requirements of ORS 509.585.

�� (b) If, after construction of environmental restoration weirs, the department determines that native migratory fish have returned to the qualifying stream, the department may require the person engaging in the authorized voluntary restoration project to:

�� (A) Provide fish passage that:

�� (i) Is economically practicable to the person engaging in the voluntary restoration project; and

�� (ii) Can be constructed from locally available natural materials; or

�� (B) Provide mitigation that, as determined by the department, provides a net benefit to native migratory fish.

�� (6) For a period of up to 10 years after construction of the environmental restoration weirs is complete, the department:

�� (a) Shall require the person that engaged in an authorized voluntary project to maintain the environmental restoration weirs for their stream restoration and habitat improvement values;

�� (b) May require the person to engage in photo monitoring of the environmental restoration weirs; and

�� (c) May, subject to subsection (9) of this section, require the person to allow a third party to engage in monitoring of the environmental restoration weirs.

�� (7) The department shall, in coordination with the Water Resources Department, require the person to modify the environmental restoration weirs if the environmental restoration weirs are found:

�� (a) By the Water Resources Department to result in injury to an existing water right; or

�� (b) By the State Department of Fish and Wildlife to be having a significant detrimental impact on native migratory fish.

�� (8)(a) Before authorizing a proposed voluntary project, the State Department of Fish and Wildlife shall coordinate with the Department of Transportation to consider any potential impacts of the project on transportation infrastructure or planned transportation infrastructure, including but not limited to potential impacts on roads, culverts and bridges.

�� (b) The State Department of Fish and Wildlife, in coordination with the Department of Transportation, may at any time require the person engaging in the authorized voluntary restoration project to modify environmental restoration weirs if the environmental restoration weirs are found to adversely impact transportation infrastructure or planned transportation infrastructure.

�� (9) If the State Department of Fish and Wildlife requires third-party monitoring of environmental restoration weirs under subsection (6)(c) of this section:

�� (a) The third party must be chosen through mutual agreement between the person engaging in the voluntary restoration project and the department;

�� (b) The person engaging in the voluntary restoration project may not unreasonably withhold consent for the third party to engage in monitoring;

�� (c) The third-party monitoring may not result in a financial cost to the person engaging in the voluntary restoration project; and

�� (d) The third party engaging in the monitoring must be covered by sufficient liability and casualty insurance.

�� (10) Planting or removal of brush and trees from stream banks and riparian areas as part of an authorized voluntary project are not subject to riparian management requirements established under the Oregon Forest Practices Act.

�� (11) Nothing in this section creates any new requirement or exemption with respect to obtaining a permit or certificate to use, store or appropriate water. [2021 c.63 �3]

�� Note: See note under 496.264.

�� Note: Sections 7 and 8, chapter 63, Oregon Laws 2021, provide:

�� Sec. 7. The State Department of Fish and Wildlife shall adopt rules under section 3 of this 2021 Act [496.266] in time for the rules to become operative no later than one year after the effective date of this 2021 Act [May 21, 2021]. [2021 c.63 �7]

�� Sec. 8. (1) No later than December 31, 2027, the State Department of Fish and Wildlife shall submit a report, in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to environment and natural resources that provides information summarizing the extent to which voluntary projects have been commenced and completed under the program established by the department pursuant to section 3 of this 2021 Act [496.266], and any known preliminary impacts of the voluntary projects.

�� (2) No later than September 15, 2032, the State Department of Fish and Wildlife shall submit a report, in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to environment and natural resources on voluntary projects authorized under the program established by the department pursuant to section 3 of this 2021 Act. The report shall include:

�� (a) Assessments of the conditions of qualifying streams affected by authorized voluntary projects, which assess stream conditions prior to construction of environmental restoration weirs as well as after construction of environmental restoration weirs; and

�� (b) Recommendations, which may include recommendations for legislation, regarding potential amendment of section 3 (2) of this 2021 Act to allow the department to authorize voluntary projects in which construction of environmental restoration weirs will commence on or after January 2, 2036. [2021 c.63 �8]

�� 496.268 Fish and Wildlife Natural Climate Solutions Fund. (1) The Fish and Wildlife Natural Climate Solutions Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Fish and Wildlife Natural Climate Solutions Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Department of Fish and Wildlife to:

�� (a) Carry out the provisions of ORS 468A.189 (5); and

�� (b) For the administrative expenses of the department in implementing ORS 468A.189, except that no more than 10 percent of moneys may be used for administrative expenses.

�� (2) The Fish and Wildlife Natural Climate Solutions Fund consists of moneys transferred to the fund under ORS 468A.187. [2023 c.442 �67]

�� Note: 496.268 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 496.270 Immunity from liability for damages resulting from habitat or water quality improvement project; exceptions. (1) The Legislative Assembly declares that it is the policy of the State of Oregon to encourage operators, timber owners and landowners to voluntarily improve fish and wildlife habitat. In order to carry out this policy, the Legislative Assembly encourages cooperation among operators, timber owners and landowners and other volunteers.

�� (2) Consistent with the limitations of ORS 105.672 to 105.696, a landowner is not liable in contract or tort for any personal injury, death or property damage that arises out of the use of the land by:

�� (a) A volunteer conducting a fish and wildlife habitat improvement project; or

�� (b) A participant of a state-funded or federally funded watershed or stream restoration or enhancement program.

�� (3) An operator, timber owner or landowner shall not be held liable for any damages resulting from:

�� (a) A fish and wildlife habitat improvement project done in cooperation and consultation with the State Department of Fish and Wildlife or the Oregon Watershed Enhancement Board, or conducted as part of a forest management practice in accordance with ORS 527.610 to 527.770, 527.990 and 527.992; or

�� (b) Leaving large woody debris within the waters of this state to protect, retain and recruit large woody debris for the purposes of fish habitat and water quality improvement.

�� (4) The limitations to liability provided by subsections (2) and (3) of this section do not apply if the damages, injury or death was caused by willful, wanton or intentional conduct on the part of the operator, timber owner or landowner or by the gross negligence of the operator, timber owner or landowner. As used in this subsection �gross negligence� means negligence which is materially greater than the mere absence of reasonable care under the circumstances, and which is characterized by indifference to or reckless disregard of the rights of others.

�� (5) The limitation on liability provided by subsection (3) of this section does not apply to claims for death or personal injuries. [1993 c.701 �2; 1997 c.207 �1; 1999 c.863 �3]

�� Note: 496.270 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 496.272 Wildlife Corridor Action Plan. (1) The State Department of Fish and Wildlife shall collect, analyze and develop the best available science and data regarding the connectivity of wildlife habitat areas. The State Department of Fish and Wildlife, in cooperation with the Department of Transportation, shall use the data to develop a plan, to be known as the Wildlife Corridor Action Plan, to preserve long-term habitat connectivity for wildlife as defined in ORS 496.004. The plan shall provide guidance for all state agencies to develop benchmarks for the designation and protection of wildlife corridors in Oregon.

�� (2) The Wildlife Corridor Action Plan shall, at a minimum, include:

�� (a) Identification of species of concern that are at risk from habitat fragmentation or barriers to species movement.

�� (b) Identification of the known migration and dispersal corridors for species identified under paragraph (a) of this subsection.

�� (c) A description of the potential effects of climate change on the movement of species identified under paragraph (a) of this subsection.

�� (d) Identification of known and potential human-caused barriers in Oregon that negatively affect wildlife habitat connectivity.

�� (e) A contemporary map showing existing and potential wildlife corridors and core high quality habitat areas.

�� (f) A list of areas for which designation of wildlife corridors, land acquisition or other agency actions are of high priority to protect wildlife movement or habitat connectivity. The bases for identification of the high priority areas shall include but not be limited to a designation of a species by the federal government or the State Fish and Wildlife Commission as an endangered species or threatened species.

�� (3) The State Department of Fish and Wildlife shall review and update the Wildlife Corridor Action Plan every five years. Prior to final adoption of the plan or of a plan update the department shall:

�� (a) Post the plan or update on the department website and provide an opportunity for public comment; and

�� (b) Deliver a copy of the plan or update to Senate and House interim or regular committees relating to natural resources.

�� (4) Prior to final adoption of a proposed update, the State Department of Fish and Wildlife shall prepare a report on implementation of the update, including but not limited to information concerning changes in the number of high priority wildlife corridors established or planned. The State Department of Fish and Wildlife shall post the report on the department website and deliver the report to Senate and House interim or regular committees relating to natural resources. [2019 c.272 �1]

�� Note: 496.272 and 496.273 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 496.273 Agency assistance and advice regarding plan. All agencies of state government, as defined in ORS 174.111, are directed to assist and advise the State Department of Fish and Wildlife in the development of the Wildlife Corridor Action Plan and in the five-year reviews of the plan required under ORS 496.272. [2019 c.272 �2]

�� Note: See note under 496.272.

�� 496.274 Wildlife mobility and habitat connectivity. (1) Contingent on available funding, the State Department of Fish and Wildlife shall undertake or plan to undertake projects to support wildlife mobility and habitat connectivity within priority areas identified in the Oregon Connectivity Assessment and Mapping Project.

�� (2) In carrying out this section, the department shall consider opportunities to secure competitive federal grants, and other matching funds, for relevant projects. [2025 c.42 �7]

�� Note: 496.274 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

FISH RESOURCE PROTECTION, RESTORATION AND ENHANCEMENT

(Salmon)

�� 496.275 Salmon resource protection and restoration; review of public and private production facilities; approval of production facilities by department. (1) The Legislative Assembly hereby declares the necessity to review all options and means for the protection and restoration of Oregon�s salmon resource that promote local economic development and enjoyment by all the citizens of Oregon. Options and means shall include operation of salmon production facilities, in cooperation with the State Department of Fish and Wildlife, by both public and private nonprofit agencies as well as by public local partnerships, to meet local production and harvest needs as well as to help restore and maintain natural salmon spawning populations. Such cooperative production projects shall be operated using scientifically sound hatchery practices and shall be consistent with objectives to protect and restore natural fish production.

�� (2) The State Department of Fish and Wildlife shall:

�� (a) Review and revise existing state administrative rules so that the different forms of hatchery production are recognized as a necessary and critical element in the state�s salmon production system in order to provide harvest opportunities for Oregon�s citizens. In so doing, the department shall identify low natural production areas and, using genetically compatible stocks approved by the department, encourage volunteer efforts such as the salmon and trout enhancement program to maintain and to enhance production.

�� (b) Identify existing private and public salmon production facilities that are currently either underutilized or subject to decommissioning and that may be appropriate for other forms of operation.

�� (c) Inventory other appropriate local sites, identify possible types of production facilities, recommend stock selection and release size, and assist in securing the acquisition of brood stock approved by the department that maximizes local production.

�� (d) Investigate and implement ways to improve hatchery smolt survival and reduce predation by such means as night releases, net pen acclimation, alternate release sites, volitional and other release strategies, transport and other means that may be effective and consistent with the conservation of native salmon and genetic resources.

�� (e) Make recommendations on methods by which operations of facilities referred to in this subsection and subsection (3) of this section can generate revenue for sustainable production, including but not limited to state bonding, license surcharges, ad valorem taxes, local economic development funds, service districts, sale of excess eggs and salmon, and gifts, grants and donations.

�� (f) Identify needed monitoring and evaluation activities to ensure protection of natural spawning fish populations and to assess the contribution of such cooperative projects to public fisheries.

�� (g) Assist in developing, for department approval, plans of operation for such cooperative hatchery projects consistent with applicable rules and standards of sound, scientific fish management practice.

�� (3) The department shall encourage and assist in planning hatchery facilities that seek to implement innovative plans or programs designed to meet production for harvest needs consistent with conservation objectives.

�� (4) The State Fish and Wildlife Commission shall approve, prior to implementation, operational plans for any fish propagation facilities operated by contractor agreement with other state or federal agencies, local governments, special districts and nonprofit organizations. [1995 c.469 ��2,3,4; 2007 c.71 �169]

(All Fisheries)

�� 496.280 Findings. The Legislative Assembly finds, in the interest of all Oregonians, a necessity to improve Oregon�s fishery resource through the further involvement of its citizens and through support by additional financial revenues. [1989 c.512 �2]

�� Note: 496.280 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 496.283 Use of certain moneys; limitations on expenditures. (1) Notwithstanding ORS 506.306, all moneys received by the State Fish and Wildlife Commission pursuant to ORS 497.126, 508.288 and

ORS 530.990

530.990�� Penalties for forest management violations

MULTISERIES DEFINITIONS

�� 530.005 Definitions for ORS 530.010 to 530.170 and 530.210 to 530.280. As used in ORS 530.010 to 530.170 and 530.210 to 530.280:

�� (1) �Bond-related costs� means:

�� (a) The costs and expenses of issuing, administering and maintaining bonds, including but not limited to paying principal and interest, and premiums if any, on general obligation or revenue bonds, redeeming general obligation or revenue bonds, paying amounts due in connection with credit enhancements or any instruments authorized by ORS 286A.580 (6) and paying the administrative costs and expenses of the State Treasurer and the State Forestry Department, including costs of consultants or advisors retained by the treasurer or the department for the bonds;

�� (b) The costs of funding any bond reserves;

�� (c) Capitalized interest for bonds;

�� (d) Rebates or penalties due to the United States in connection with the bonds; and

�� (e) Any other costs or expenses that the State Treasurer or the State Forestry Department determines are necessary or desirable in connection with issuing, administering or maintaining the bonds.

�� (2) �Reforestation� means to increase tree stocking to a level that meets or exceeds the stocking standards relating to productivity specified by the State Board of Forestry by rule. [2009 c.831 �1]

�� Note: 530.005 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 530 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ACQUISITION, MANAGEMENT AND DEVELOPMENT OF STATE FORESTS

�� 530.010 State Board of Forestry authorized to acquire lands; limitations; lands designated as state forests. (1) The State Board of Forestry, referred to in this chapter as the board, in the name of the State of Oregon, may acquire, by purchase, donation, devise or exchange from any public, quasi-public or private owner, lands which by reason of their location, topographical, geological or physical characteristics are chiefly valuable for the production of forest crops, watershed protection and development, erosion control, grazing, recreation or forest administrative purposes.

�� (2) The board shall not acquire any land without prior approval, duly made and entered, of the county court or board of county commissioners of the county in which the lands are situated.

�� (3) Lands acquired under the provisions of this section shall be designated as state forests. [Amended by 1953 c.43 �2; 1967 c.396 �1]

�� 530.020 Title to acquired lands; encumbrances; Attorney General approval of title; cure of defects; recording. Title to all lands acquired by the State Board of Forestry under ORS 530.010 shall be free and clear of all encumbrances except easements of rights of way and reservations or exceptions of gas, oil, coal, mineral and timber rights, unless the board determines other encumbrances will not unduly limit the management of the lands consistent with ORS 530.010 to 530.170. All titles shall be approved by the Attorney General before conveyance is accepted. However, the Attorney General may approve title to lands proposed to be acquired from counties under the provisions of ORS 530.030 or proposed to be acquired by donation or devise when, in the opinion of the Attorney General, existing defects of title are of formal nature and may be cured by suit to quiet title. In case of acquisition of lands with defective title, the Attorney General may institute suit to quiet title to such lands, and all costs in connection therewith shall be a proper charge against the funds of the board. All deeds, abstracts, title insurance policies, and other evidences of title to lands acquired under ORS 530.010 to 530.040 shall be deposited with the Secretary of State. All deeds shall promptly be recorded in the county in which the lands are situated. [Amended by 1955 c.421 �1; 2009 c.831 �9]

�� 530.025 Interests in acquired lands; management of lands; sales. For acquisitions made by the State Board of Forestry on or after July 28, 2009:

�� (1) The board may hold and manage lands alone or in cooperation with other entities, including but not limited to community forest authorities under ORS 530.600 to 530.628.

�� (2) The board may acquire lands or partial interest in lands, including but not limited to conservation easements.

�� (3) Subject to any covenants under ORS 530.130 or 530.147, the board may sell lands or partial interest in lands, including but not limited to conservation easements, to other parties if the board determines that the other parties are better situated to manage the lands for the long term. [2009 c.831 �2]

�� Note: 530.025 was added to and made a part of 530.010 to 530.170 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 530.030 Conveyance of county lands to state; consideration; adjustment of delinquent fire patrol liens; contracts concerning removal of timber and disposition of proceeds from sale thereof. (1) The county court or board of county commissioners of any county may convey to the state for state forests any lands heretofore or hereafter acquired by such county through foreclosure of tax liens, or otherwise, that are within the classification of lands authorized to be acquired under ORS 530.010, if the State Board of Forestry deems such lands necessary or desirable for acquisition, in consideration of the payment to such county of the percentage of revenue derived from such lands as provided in ORS 530.110. In connection with any such conveyance, the State Board of Forestry shall have authority to make equitable adjustments with any county of accrued delinquent fire patrol liens on lands heretofore or hereafter acquired by such county by foreclosure of tax liens.

�� (2) As to such lands acquired by the State Board of Forestry with title to the timber remaining in the county for a designated period of time, the State Forester may enter into contracts with the county to supervise the removal and sale of such timber, and under such contracts the gross proceeds of the sale thereof shall be disposed of as follows:

�� (a) Ten percent of such gross proceeds shall be paid into the State Treasury and credited to the State Forestry Department Account and shall be used exclusively for the purposes and under the limitations set out in ORS 530.110 (1)(a).

�� (b) A percentage of such gross proceeds shall be accepted by the State Forester, pursuant to written contract with the county authority, as compensation for the supervision and management of county-owned timber. The moneys so derived shall be paid into the State Treasury and credited to the State Forestry Department Account and shall be used exclusively for the supervision and management of state forests acquired pursuant to ORS 530.010. [Amended by 1953 c.65 �5; 1957 c.83 �13; 1965 c.423 �1; 2007 c.71 �171]

�� 530.040 Exchange of forestland or timber; reservations; hearing; approval of title; status of lands received. (1) It is desirable that lands acquired under the provisions of ORS 530.010 shall be consolidated in areas wherever possible through exchanges of land. It is recognized that the management of state forests will be more economically feasible through such consolidation.

�� (2) In order to accomplish the objectives of subsection (1) of this section, the State Board of Forestry may exchange any land acquired under the provisions of ORS 530.010, or may exchange the timber on such land, for land of approximately equal aggregate value, situated in the same county, when such exchange is in furtherance of the purposes of ORS 530.010. However, the State Board of Forestry may exchange land or timber situated in one county or counties for land situated in another county or counties if such exchange is first approved by the county court or board of county commissioners of each county involved. Either party to any such exchange may make reservations of easements, rights of use and other interests and rights. Under the authority granted in this section, the State Board of Forestry may provide or receive, in addition to land to be exchanged, a monetary consideration where necessary to make the values comply with this subsection.

�� (3) Before making any such exchange, the State Board of Forestry shall hold a hearing thereon at the courthouse of the county in which such lands are situated and shall give notice of the time and place thereof by publication in two successive issues of a newspaper of general circulation published in such county. The notice shall contain a description of the lands to be given and to be received in the proposed exchange. However, no such exchange shall be made until the title to the lands to be received has been approved by the Attorney General.

�� (4) All lands received in exchange shall have the same status and be subject to the same provisions of law as the lands given in exchange therefor. [Amended by 1955 c.421 �2; 1959 c.103 �1; 1967 c.396 �2; 2007 c.71 �172]

�� 530.050 Management of lands acquired; powers of forester; rules. Under the authority and direction of the State Board of Forestry except as otherwise provided for the sale of forest products, the State Forester shall manage the lands acquired pursuant to ORS 530.010 to 530.040 so as to secure the greatest permanent value of those lands to the state, and to that end may:

�� (1) Protect the lands from fire, disease and insect pests, cooperate with the counties and with persons owning lands within the state in the protection of the lands and enter into all agreements necessary or convenient for the protection of the lands.

�� (2) Sell forest products from the lands, and execute mining leases and contracts as provided for in ORS 273.551.

�� (3) Enter into and administer contracts for the sale of timber from lands owned or managed by the State Board of Forestry and the State Forestry Department.

�� (4) Enter into and administer contracts for activities necessary or convenient for the sale of timber under subsection (3) of this section, either separately from or in conjunction with contracts for the sale of timber, including but not limited to activities such as timber harvesting and sorting, transporting, gravel pit development or operation, and road construction, maintenance or improvement.

�� (5) Permit the use of the lands for other purposes, including but not limited to forage and browse for domestic livestock, fish and wildlife environment, landscape effect, protection against floods and erosion, recreation, and protection of water supplies when, in the opinion of the board, the use is not detrimental to the best interest of the state.

�� (6) Grant easements, permits and licenses over, through and across the lands. The State Forester may require and collect reasonable fees or charges relating to the location and establishment of easements, permits and licenses granted by the state over the lands. The fees and charges collected shall be used exclusively for the expenses of locating and establishing the easements, permits and licenses under this subsection and shall be placed in the State Forestry Department Account.

�� (7) Require and collect fees or charges for the use of state forest roads. The fees or charges collected shall be used exclusively for purposes of maintenance and improvements of the roads and shall be placed in the State Forestry Department Account.

�� (8) Reforest the lands and cooperate with the counties, and with persons owning timberlands within the state, in the reforestation, and make all agreements necessary or convenient for the reforestation.

�� (9) Require such undertakings as in the opinion of the board are necessary or convenient to secure performance of any contract entered into under the terms of this section or ORS 273.551.

�� (10) Sell rock, sand, gravel, pumice and other such materials from the lands. The sale may be negotiated without bidding, provided the appraised value of the materials does not exceed $2,500.

�� (11) Enter into agreements, each for not more than 10 years duration, for the production of minor forest products.

�� (12) Establish a forestry carbon offset program to market, register, transfer or sell forestry carbon offsets. In establishing the program, the forester may:

�� (a) Execute any contracts or agreements necessary to create opportunities for the creation of forestry carbon offsets; and

�� (b) Negotiate prices that are at, or greater than, fair market value for the transfer or sale of forestry carbon offsets.

�� (13) Establish a forestry renewable woody biomass conversion program to market, register, transfer or sell forestry woody biomass conversion offtakes. In establishing the program, the forester may:

�� (a) Execute any contracts or agreements necessary to create opportunities for the creation of forestry woody biomass conversion offtakes; and

�� (b) Negotiate prices that are at, or greater than, fair market value for the transfer or sale of forestry woody biomass conversion offtakes.

�� (14) Do all things and make all rules, not inconsistent with law, necessary or convenient for the management, protection, utilization and conservation of the lands. [Amended by 1953 c.65 �5; 1955 c.421 �3; 1957 c.228 �1; 1959 c.141 �1; 1963 c.475 �1; 1965 c.128 �1; 1967 c.396 �3; 1983 c.759 �9; 2001 c.752 �8; 2005 c.103 �37; 2015 c.447 �1; 2023 c.442 �31]

�� 530.053 Holiday recreational use; armed forces personnel and veterans. If, under ORS 530.050, the State Forester permits the use of lands acquired pursuant to ORS 530.010 to 530.040 for recreation, the State Forester shall authorize the recreational use of the lands without charge to the following persons, upon showing of proper identification and any documentation issued by the State Parks and Recreation Department that is issued to serve as proof of eligibility to use a state park, individual campsite or day use fee area without charge under ORS 390.124 (2)(c)(D):

�� (1) Disabled veterans; and

�� (2) Persons on leave from military active duty status on Memorial Day, Independence Day or Veterans Day. [2017 c.729 �2]

�� Note: 530.053 was added to and made a part of ORS chapter 530 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 530.055 Leasing lands acquired. Except as limited in this section but subject to separate sale of forest products under ORS 530.059, lands acquired under ORS 530.010 to 530.040 may be leased by the State Forester to any person when approved by the State Board of Forestry and for purposes deemed by the board to be more in the public interest than the purposes for which the land was acquired. [1965 c.128 �3]

�� 530.059 Procedure for sales of forest products; surety deposit required of bidder. (1) Before offering any forest products for sale under authority of ORS 530.050 or 530.500, the State Forester shall cause the forest products to be appraised. Should the appraised value of the forest products be in excess of $25,000, the State Forester shall not sell the same to a private person, firm or corporation, except after giving notice of the sale as required by this section, and affording an opportunity for competitive bidding either by public auction or through sealed bids, or a combination of both; provided, however, that such notice and opportunity for competitive bidding will not be required for sales in connection with:

�� (a) Experimental or research projects in the field of forestland management or forest product utilization.

�� (b) The removal, injury or destruction of forest products necessitated by any grant of easement or right of way, or necessitated by a permit or license to use a right of way, including trees which may endanger the use of such easement or way.

�� (c) The removal of forest products with an appraised value of less than $100,000 that, as a result of an act of nature or other unforeseen circumstance:

�� (A) Pose a threat to the health of the forests, waterways or forest road infrastructures; or

�� (B) Will lose value as a result of potential theft.

�� (d) The removal of forest products with an appraised value of less than $100,000 to facilitate the development, placement or maintenance of forest road infrastructures.

�� (2) The State Forester shall give the notice required by subsection (1) of this section by mail to all persons requesting such notice and in such other media of communication as the State Forester may deem advisable. The State Forester shall maintain a mailing list with the names and addresses of persons who have requested to receive State Forestry Department notices of timber sales. The notice shall describe the forest products to be sold and the land on which such products are situated, state the minimum price at which the same may be sold, and contain a brief statement of the terms of the sale. As a provision of each sale, the State Forester shall reserve the right to accept or reject any or all bids.

�� (3) Prior to or at the time the State Forester receives bids, each bidder shall furnish the State Forester with a certified check, cashier�s check, money order, surety bond, cash deposit, assignment of surety, irrevocable letters of credit or other securities as determined acceptable by the State Forester in an amount designated by the State Forester. The amount designated by the State Forester may not exceed 10 percent of the minimum price of the forest products to be sold or $500,000, whichever is less. The State Forester shall retain the amounts furnished by the successful bidder as a credit toward payment of the purchase price of the forest products sold. The State Forester shall return the amounts furnished by an unsuccessful bidder after determination of the successful bid. Any checks, bonds or orders furnished under this subsection shall be made payable to the State of Oregon.

�� (4) If the provisions of this section have been complied with, and no satisfactory bid has been received, or the bidder fails to complete the purchase, the State Forester may, at any time, during a period of six months after the advertised date of sale, sell the forest products in such manner as the forester deems appropriate, but the sale price shall not be less than the minimum terms offered in the notice of sale or the highest bid received, whichever is the larger amount. [1959 c.141 �4; 1963 c.475 �2; 1967 c.396 �4; 1975 c.185 �7; 1983 c.759 �10; 1987 c.324 �1; 1995 c.375 �3; 1997 c.285 �1; 2014 c.47 �3]

�� 530.060 [Repealed by 1957 c.229 �1]

�� 530.061 Surety deposit required of successful purchaser. The State Forester may require the successful purchaser at a forest products sale to provide a surety bond, cash deposit, assignment of surety, irrevocable letters of credit or other securities as determined acceptable by the State Forester for the purpose of securing performance by the purchaser. The required amount of a bond, deposit, assignment, letter of credit or other security may not be more than $500,000. Claims by any person against the bond, deposit, assignment, letter of credit or other security shall be made to the State Forester for determination. If the claim is disputed, the State Forester may request settlement of the claim through compromise or mediation or require that the claim be litigated. Unless there is a claim awaiting determination, the State Forester shall return any unexpended amount from the bond, deposit, assignment, letter of credit or other security no later than 180 days after the earlier of the completion of operations under the sales contract or the termination date in the sales contract. [2014 c.47 �2]

�� 530.065 Modifying timber sale contracts. (1) During the period of a timber sale contract made under ORS 530.059, either party may propose to change or modify the terms of the contract if unforeseen circumstances develop. As used in this subsection, �unforeseen circumstances� means acts of nature or other unforeseen circumstances or conditions that:

�� (a) Affect the nature or scope of the work to be performed or volume to be harvested under the terms of the sale contract made by the State Forester; or

�� (b) Require additional work or harvest in an area adjacent to a timber sale made by the State Forester.

�� (2) The State Forester is hereby authorized to change or modify the terms or conditions of the contract in the event of unforeseen circumstances requiring such change or modification under subsection (1) of this section only when:

�� (a) Such change or modification is in the best interest of the State of Oregon; and

�� (b) The purchaser of the timber sale agrees that the proposed change or modification will maintain an equitable contractual relationship between the parties. [1965 c.128 �2; 1983 c.759 �11; 1997 c.285 �2]

�� 530.070 [Repealed by 1957 c.229 �1]

�� 530.075 Validation of state acquisition of county land; purposes for which land may be used; disposition of revenue. (1) Notwithstanding ORS chapter 275 or any other law, deeds of conveyance or other instruments transferring county forests, public parks or recreational areas, from a county to the State of Oregon, either acting by and through or for the use and benefit of the State Board of Forestry, are validated and shall be conclusive evidence of the transfer of such lands from the county to the state.

�� (2) The State Board of Forestry shall use, manage and develop such lands for the purposes designated in ORS 275.320 if such lands are suitable for such purposes; otherwise, the lands shall be used for the purposes stated in ORS 530.010 and any revenue derived from the sale of forest products from such lands shall be disposed of in accordance with the provisions of ORS 530.110 (2). In other instances where the county received title to the land from a grantor with the provision that the land be used for particular purposes, this section shall not be construed to obviate such purposes. [1963 c.475 �3]

�� 530.080 [Repealed by 1957 c.229 �1]

�� 530.090 [Repealed by 1957 c.229 �1]

�� 530.100 [Repealed by 1957 c.83 �26]

�� 530.110 Distribution of revenues from lands acquired under ORS 530.010 to 530.040. (1) All revenues derived from lands acquired without cost to the state, or acquired from counties pursuant to ORS 530.030, shall be paid into the State Treasury and credited to the State Forestry Department Account and shall be used in accordance with the following distribution:

�� (a) Fifteen percent shall be credited to the State Forests Protection Subaccount of the State Forestry Department Account until the amount in such subaccount reaches $475,000. Thereafter, the revenues shall be disposed of as stated in paragraphs (b) and (c) of this subsection, unless needed to maintain the $475,000 level. All moneys in the State Forests Protection Subaccount are continuously appropriated to the State Forester who may use such money under the following priorities:

�� (A) First, in addition to or in lieu of other moneys available, to pay the cost of protection, as determined under ORS 477.270, for lands acquired under ORS

ORS 536.231

536.231 in 2013]

�� 536.440 Investigations and studies. The Water Resources Commission, by itself or in conjunction with any person, local voluntary committee or association, state agency or public corporation of this or any other state, any interstate agency or any agency of the federal government, may conduct such investigations, surveys or studies, including the holding of public hearings, relating to the water resources of this state as it deems necessary to facilitate and assist in carrying out its functions as provided by law. [1955 c.707 �20]

�� 536.450 Assistance by commission to other persons and agencies. The Water Resources Commission may make available technical advice and information for the purpose of assisting any person, local voluntary committee or association, state agency or public corporation of this state, any interstate agency or any agency of the federal government in the preparation, carrying into effect and properly sustaining any plan, program or project concerning the use or control of the water resources of this state in harmony with the state water resources policy or otherwise with the public interest in encouraging, promoting and securing the maximum beneficial use and control of the water resources of this state. [1955 c.707 �19]

�� 536.460 Preparation and submission of information or recommendations to other persons or agencies. The Water Resources Commission may prepare and submit information or proposals and recommendations relating to the water resources of this state or the functions of the commission as provided by law to any person, local voluntary committee or association, state agency or public corporation of this or any other state, any interstate agency, any agency of the federal government or any committee of the legislature of this or any other state or of the Congress of the United States. [1955 c.707 �22]

�� 536.470 Coordination of local, state, interstate and federal programs. The Water Resources Commission may consult and cooperate with any state agency or public corporation of this or any other state, any interstate agency or any agency of the federal government for the purpose of promoting coordination between local, state, interstate and federal plans, programs and projects for the use or control of the water resources of this state or to facilitate and assist the commission in carrying out its functions as provided by law. [1955 c.707 �21]

�� 536.480 Making available information concerning water resources. The Water Resources Commission, insofar as practicable, shall make available, free or at cost, to the public and to any state agency or public corporation of this or any other state, any interstate agency or any agency of the federal government, information concerning the water resources of this state or the functions of the commission as provided by law, including information relating to the state water resources policy, to any plan or program devised by the commission for the development of the water resources of this state, to the results of any investigation, survey or study conducted by the commission and to the results of any hearing held by the commission. [1955 c.707 �23]

�� 536.490 Attendance at conferences and meetings. The Water Resources Commission, or any member thereof or any other person designated by the commission, may attend and participate in any public conference, meeting or hearing held within or without this state for the purpose of considering water resources problems. [1955 c.707 �24]

�� 536.500 Acceptance and expenditure of moneys from public and private sources. The Water Resources Commission may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of encouraging, promoting and securing the maximum beneficial use and control of the water resources of this state or to facilitate and assist in carrying out its functions as provided by law. All moneys received by the commission under this section shall be deposited in the State Treasury and, unless otherwise prescribed by the source from which such moneys were received, shall be kept in separate accounts in the General Fund designated according to the purposes for which the moneys were made available. Notwithstanding the provisions of ORS 291.238, all such moneys are continuously appropriated to the commission for the purposes for which they were made available and shall be expended in accordance with the terms and conditions upon which they were made available. [1955 c.707 �25]

�� 536.510 [1955 c.707 �26; repealed by 1985 c.673 �185]

�� 536.520 State agencies and public corporations furnishing information and services to commission. (1) In order to facilitate and assist in carrying out its functions as provided by law, the Water Resources Commission may:

�� (a) Call upon state agencies or public corporations of this state to furnish or make available to the commission information concerning the water resources of this state which such state agencies or public corporations have acquired or may acquire in the performance of their functions.

�� (b) Have access to the records, facilities or projects of state agencies or public corporations of this state, insofar as such records, facilities or projects may concern the water resources of this state or the functions of the commission with regard thereto.

�� (c) Otherwise utilize the services, records and other facilities of state agencies or public corporations of this state to the maximum extent practicable.

�� (2) Upon request by the commission, all officers and employees of state agencies or public corporations of this state shall cooperate to the maximum extent practicable with the commission under subsection (1) of this section.

�� (3) Upon receipt and approval by the commission of approved claims therefor, any special or extraordinary expense incurred by any state agency or public corporation of this state in cooperating with the commission under this section shall be paid by the commission. [1955 c.707 ��27,28]

�� 536.530 [1955 c.707 �29; repealed by 1975 c.581 �29 and by 1975 c.605 �33]

�� 536.540 Approval of voucher claims. All voucher claims for indebtedness or expenses authorized and incurred by the Water Resources Commission in carrying out its functions as provided by law shall be approved by the commission or as provided in ORS 293.330. [1955 c.707 �31]

�� 536.550 [1955 c.707 �30; repealed by 1985 c.673 �185]

�� 536.560 [1955 c.707 �76; 1979 c.284 �164; repealed by 1985 c.673 �185]

MISCELLANEOUS PROVISIONS

�� 536.570 Moneys and securities of irrigation districts in possession of Water Resources Commission; deposit with State Treasurer. The Water Resources Commission may deposit with the State Treasurer for safekeeping all moneys and securities which may come into the commission�s possession in connection with the reorganization, retirement or settlement of the bonds, warrants or other evidences of indebtedness of any irrigation district within the state. When so deposited the State Treasurer shall safely keep the same subject to call of the Water Resources Commission. [Formerly

ORS 537.348

537.348. [1987 c.859 �11; 1995 c.416 �42]

�� 537.354 In-stream water right subject to emergency water shortage provisions. An in-stream water right established under the provisions of ORS 537.332 to 537.360 shall be subject to the provisions of ORS 536.700 to 536.780. [1987 c.859 �12]

�� 537.356 Request for reservation of unappropriated water for future economic development; priority date of reservation. (1) Any local government, local watershed council or state agency or any other individual cooperating jointly with a local government, local watershed council or state agency may request the Water Resources Commission to reserve unappropriated water for multipurpose storage for future economic development.

�� (2) A request under subsection (1) of this section shall be in writing on a form provided by the Water Resources Department. Before deciding whether to approve the request and initiate a rulemaking process, the commission shall request comments from any local government or watershed council within the geographic area or basin affected by the request. The comment period shall be closed not later than 120 days after the request is submitted.

�� (3) The priority date for any reservation established under this section shall be the date on which the commission takes action to initiate the rulemaking process. [1987 c.859 �13; 1997 c.445 �1]

�� 537.358 Rules for reservation for future economic development; application for use of reserved water. (1) In adopting a rule under ORS 537.356 to reserve unappropriated water for multipurpose storage for future economic development, the Water Resources Commission shall include a public interest review that takes into consideration the factors described under ORS 537.170.

�� (2) A person requesting use of the reserved water for new storage shall submit a water right application and comply with the procedure set forth in ORS 537.140 to 537.252, except that the priority date for a storage right approved for use of reserved water shall be the date of the reservation. The commission by rule may describe a process for ensuring that the proposed use is consistent with the requirements of the rule establishing the reservation. [1987 c.859 �14; 1997 c.445 �2]

�� 537.360 Relationship between application for in-stream water right and application for certain hydroelectric permits. If an application is pending under this chapter for a water right permit to use water for hydroelectric purposes or under ORS 543.010 to 543.610 for a hydroelectric permit or license at the time the Water Resources Commission receives an application for an in-stream water right under ORS 537.336 for the same stream or reach of the stream, the commission shall not take any action on the application for an in-stream water right until the commission issues a final order approving or denying the pending hydroelectric application. [1987 c.859 �15]

(Deschutes River Water Bank Pilot Program)

�� Note: Sections 1 to 7 and 9, chapter 513, Oregon Laws 2025, provide:

�� Sec. 1. (1) The Water Resources Commission, after providing opportunity for public notice and comment, may approve a charter to establish a Deschutes River water bank pilot program for surface water. Before approving the charter, the commission must find that the charter:

�� (a) Is approved by the Confederated Tribes of the Warm Springs; and

�� (b) Adheres to the requirements for a water bank charter described in subsection (3) of this section.

�� (2) The persons and entities that are eligible to participate in a water bank described in subsection (1) of this section are:

�� (a) Water rights holders that divert surface water from the Deschutes River, including irrigation districts.

�� (b) The Confederated Tribes of the Warm Springs.

�� (c) Cities in central Oregon.

�� (d) Public utilities, as defined in ORS 757.005, and domestic water supply districts organized under ORS chapter 264 that:

�� (A) Supply water to cities in central Oregon; and

�� (B) Provide water to at least 2,000 water service connections.

�� (e) The Deschutes River Conservancy.

�� (3) A water bank charter must include:

�� (a) A description of the geographic area for water bank operations, which must be limited to the Deschutes River above Lake Billy Chinook and areas that may be served by the water bank by points of diversion from the Deschutes River.

�� (b) Identification of, and signatures from authorized representatives of, the participants.

�� (c) An agreement that the Deschutes River Conservancy will manage the operations of the water bank, in coordination with the participants.

�� (d) A requirement that water described in subsection (4) of this section be dedicated to legally protected in-stream flows as provided in subsection (4) of this section.

�� (e) A requirement that the participants depositing water into or receiving water from the water bank have measured water use and reported the measurements to the Water Resources Department for the past five years.

�� (f) A requirement that the operations of the water bank may not:

�� (A) Injure existing water rights, unless the holder of the right has signed a forbearance agreement.

�� (B) Reduce the surface flow of state scenic waterways.

�� (C) Except as provided in section 4 of this 2025 Act, enlarge existing water rights.

�� (D) Result in a total number of irrigated acres that is greater than the acreage authorized under a person�s or entity�s existing water rights for irrigation.

�� (E) Deposit water from or provide water to existing water rights that:

�� (i) Are not a water use subject to transfer, as defined in ORS 540.505; and

�� (ii) Have not been beneficially used in the past five years or are otherwise subject to forfeiture.

�� (g) A description of how the water bank will ensure that uses are consistent with basin plans or rules of the commission.

�� (h) A description of how water rights will be vetted for inclusion in the water bank, including how the water rights will satisfy the requirements of paragraph (f) of this subsection.

�� (i) A description of how the participants depositing water into or receiving water from the water bank will manage water in coordination with the department.

�� (4) For purposes of subsection (3)(d) of this section, the following shall be dedicated to legally protected in-stream flows:

�� (a) Twenty-five percent of the volume of water loaned to the water bank as a result of the fallowing of acres during all or part of an irrigation season, which must be protected by an in-stream lease during the irrigation season.

�� (b) Water withdrawn by the North Unit Irrigation District as a result of water loaned to the water bank from on-farm activities, other than the fallowing of acres during the irrigation season, which shall be protected in an amount equal to 100 percent of the withdrawn value. The protection in-stream shall be by an in-stream lease or a limited license for flow augmentation for winter release from Wickiup Reservoir into the Deschutes River.

�� (c) Any surface water loaned to the water bank that is more than the surface water transacted for out-of-stream use, which must be protected by an in-stream lease during the irrigation season.

�� (d) Water deposited into the water bank solely for in-stream purposes and protected by an in-stream lease during the irrigation season.

�� (5) Operational water and water from district conveyance losses are not eligible for deposit into the water bank.

�� (6) A water bank approved under this section must be operated in accordance with sections 1 to 7 of this 2025 Act. [2025 c.513 �1]

�� Sec. 2. (1) On or before January 1 of each year, the Deschutes River Conservancy may submit a proposed annual operating plan for a water bank approved under section 1 of this 2025 Act to the Water Resources Department.

�� (2) A water bank described in section 1 of this 2025 Act may operate only under an annual operating plan that is approved in writing by the Water Resources Department on or before March 1 of each year in which the water bank operates.

�� (3) Before approving a proposed annual operating plan, the Water Resources Department shall make the proposed plan available for public comment on whether the proposed plan meets the standards described in subsection (5) of this section.

�� (4) The Water Resources Department shall seek comments on the proposed annual operating plan from the State Department of Fish and Wildlife and the Confederated Tribes of the Warm Springs. If the State Department of Fish and Wildlife or the Confederated Tribes of the Warm Springs raise any objections to the proposed plan, the Deschutes River Conservancy shall amend the proposed plan to resolve the objections. The Water Resources Department may not approve the proposed plan unless the objections are resolved.

�� (5) A proposed annual operating plan must:

�� (a) Include the report described in section 6 of this 2025 Act.

�� (b) Describe the following activities:

�� (A) How surface water supply will be made available to loan to the water bank that is subject to the annual operating plan.

�� (B) How surface water deposited in the water bank that is subject to the annual operating plan may be withdrawn from the water bank and used.

�� (6) The participants in a water bank may loan or withdraw surface water during an irrigation season only as described under to subsection (5)(b) of this section.

�� (7) The department may not approve a proposed annual operating plan under this section if the department determines that, for the year to which the proposed plan applies, there are not sufficient resources available to the department, from any source, to allow the department to carry out the department�s duties under sections 1 to 7 of this 2025 Act. [2025 c.513 �2]

�� Sec. 3. (1) In lieu of submitting individual leases and temporary transfer or forbearance agreements, not less than 30 days before the start of an irrigation season, a water bank approved under section 1 of this 2025 Act may submit a consolidated lease and temporary forbearance transfer of water application to the Water Resources Department.

�� (2)(a) Each application may not contain more than one irrigation water right, which must have a priority date before January 1, 1906. Except as provided in paragraph (b) of this subsection, each application shall identify no more than one stream reach and one point of diversion to which the deposited water may be distributed.

�� (b) The water bank may submit a single application for the North Unit Irrigation District to receive water at two points of diversion. However, the department may require separate applications for separate priority dates.

�� (3) The water bank shall submit the application in the form and manner prescribed by the department. The application must include:

�� (a) The location and number of acres fallowed for the full irrigation season from which surface water irrigation will be removed to be deposited into the water bank, the associated point of diversion, the amount of water associated with the acres and point of diversion measured in acre-feet and cubic feet per second, and the total amount of water to be reduced at the point of diversion.

�� (b) The point of diversion, or if the recipient is the North Unit Irrigation District, the points of diversion, from which water deposited into the water bank will be withdrawn and the quantity of water, measured in acre-feet and cubic feet per second, needed to fulfill a supply shortage of an existing irrigation water right within a district.

�� (c) The amount of water, measured in acre-feet and cubic feet per second, to be dedicated to in-stream use as an in-stream lease, the months of use and the location of the applicable water gage.

�� (d) A forbearance agreement for all water rights with points of diversion that consent to potential injury and to bypass water.

�� (e) A map that meets the requirements established by the department.

�� (f) Any other information required by the department.

�� (4) A watermaster shall integrate transactions of a water bank described in this section into management operations for the irrigation season if the department finds that:

�� (a) Acres deposited into the water bank are fallowed.

�� (b) The transaction meets the requirements for water bank operations described in section 1 of this 2025 Act.

�� (5) The water bank shall post the application described in this section on a publicly available website of the water bank. [2025 c.513 �3]

�� Sec. 4. (1) As used in this section:

�� (a) �District� has the meaning given that term in ORS 545.002.

�� (b) �Water use subject to transfer� has the meaning given that term in ORS 540.505.

�� (2) Notwithstanding ORS 537.348, the Water Resources Department may approve an application by a water bank approved under section 1 of this 2025 Act for a district that is withdrawing water from the Deschutes River above Lake Billy Chinook to engage in splitting the rate and duty of the water right between a district�s existing irrigation water right and another district�s existing irrigation water right or an in-stream water right or in-stream lease, if the application demonstrates that:

�� (a) Regardless of the duty on the water right, the duty to be split will not exceed 4.2 acre-feet per acre;

�� (b) The water bank has measurements of the on-farm water delivered, as measured by a totalizing flow meter and reported to the water bank, and has agreed to submit information to the watermaster upon request;

�� (c) The application includes a forbearance agreement for all water rights with points of diversion that consent to potential injury and to bypass water; and

�� (d) The transactions meet the requirements for water bank operations described in section 1 of this 2025 Act.

�� (3) In reviewing an application under subsection (2) of this section, the department:

�� (a) Shall publish notice of the application in the weekly public notice published by the department and accept any allegations of injury for at least 21 days after publication of the notice.

�� (b) When evaluating enlargement, may not consider whether the lease will:

�� (A) Fail to keep the existing place of use from receiving water; or

�� (B) Increase the acres irrigated under the water right, so long as there is no increase in water use and no expansion of irrigated acres under the depositing district�s water rights or the receiving district�s water rights.

�� (4) The terms of a transfer under this section must provide that, during the term of the transfer:

�� (a) The districts:

�� (A) May not increase the number of acres that are irrigated within the depositing district or the receiving district;

�� (B) May not increase the districts� use of supplemental water rights or storage water rights;

�� (C) Shall continue to provide access to the watermaster to measure the districts� water use, as needed above, below and at the point of diversion or points of rediversion and provide the measurements to the department in real time, to the satisfaction of the watermaster;

�� (D) Shall measure water use at the point of delivery and report the measurements to the Deschutes River Conservancy; and

�� (E) Shall, in coordination with the Deschutes River Conservancy, arrange for:

�� (i) A secondary water right to release water from storage outside of the irrigation season; or

�� (ii) A limited license for flow augmentation or an in-stream lease in the amount of water subject to the forbearance agreement.

�� (b) The Deschutes River Conservancy shall provide the measurements reported to the conservancy under paragraph (a)(D) of this subsection to the watermaster, upon request.

�� (5) The parties to a transfer under this section may establish additional requirements for a transfer under this section, which must be set forth in the water bank�s operating plan under section 2 of this 2025 Act. [2025 c.513 �4]

�� Sec. 5. (1) A water bank approved under section 1 of this 2025 Act may not operate during a calendar year if, prior to March 1 of the calendar year, participants in the water bank have not committed to a minimum of 1,800 acres of water rights to be leased under ORS 537.348.

�� (2) Acres that, on or after the effective date of this 2025 Act [January 1, 2026], are permanently converted to an in-stream water right under ORS 537.348 by a participant in the water bank may count toward the minimum number of acres described in subsection (1) of this section.

�� (3) At the time that a proposed annual operating plan is submitted under section 2 of this 2025 Act, the participants may agree to increase the acres protected by a lease under ORS 537.348 to a number of acres that is higher than the minimum described in subsection (1) of this section.

�� (4) A deposit of water into the water bank as a result of transactions approved under section 3 or 4 of this 2025 Act shall constitute beneficial use for purposes of ORS

ORS 537.400

537.400 in 1987]

�� 537.346 Conversion of minimum perennial streamflows to in-stream water rights; special provisions for Willamette Basin. (1) All minimum perennial streamflows established on any waters of this state before June 25, 1988, shall be converted to in-stream water rights after the Water Resources Commission reviews the streamflows and the Water Resources Department issues a certificate for an in-stream water right in accordance with ORS 537.343 with the same priority date as the minimum perennial streamflow.

�� (2) The priority date for that portion of an in-stream water right that uses the stored water component of a minimum perennial streamflow in the Willamette Basin shall be the date the commission or its predecessor adopted the minimum perennial streamflow containing the stored water component.

�� (3) Notwithstanding the priority date established under subsection (2) of this section, until the state enters into a contract that meets the criteria set forth in subsection (4) of this section with the owner of the storage facility to release the stored water for the purpose of satisfying the in-stream water right, for that portion of an in-stream water right in the Willamette Basin converted from the stored water component of a minimum perennial streamflow, the department:

�� (a) May not require the release of the stored water; and

�� (b) Shall not regulate the use of water to provide water for the portion of the in-stream water right using stored water.

�� (4) A contract for the release of stored water to satisfy an in-stream water right shall:

�� (a) Include as parties to the contract the State of Oregon and the owner of the storage facility;

�� (b) Specifically allow the state to obtain the release of stored water to satisfy an in-stream water right; and

�� (c) Identify a method to determine the specific quantity of water released from storage to satisfy the stored water component of the in-stream water right.

�� (5) If the federal government does not release water to satisfy a stored water component of an in-stream water right pursuant to a contract that satisfies the criteria set forth in subsection (4) of this section, the department may not regulate the use of water by other water right holders to satisfy the stored water component of an in-stream water right or take any other action that impairs the rights of any person under a valid contract for the use of the stored water. [1987 c.859 �8; 1995 c.72 �1; 1997 c.212 �3; 1999 c.59 �170; 2001 c.104 �227]

�� 537.348 Purchase, lease or gift of water right for conversion to in-stream water right; priority dates; split use. (1) Any person may purchase or lease all or a portion of an existing water right or accept a gift of all or a portion of an existing water right for conversion to an in-stream water right. Any water right converted to an in-stream water right under this section shall retain the priority date of the water right purchased, leased or received as a gift. At the request of the person the Water Resources Commission shall issue a new certificate for the in-stream water right showing the original priority date of the purchased, gifted or leased water right. Except as provided in subsections (2) to (6) of this section, a person who transfers a water right by purchase, lease or gift under this subsection shall comply with the requirements for the transfer of a water right under ORS 540.505 to 540.586.

�� (2) Subject to subsections (3) to (6) of this section, any person who has an existing water right may lease all or a portion of the existing water right for use as an in-stream water right for a specified period without the loss of the original priority date. During the term of the lease, the use of the water right as an in-stream water right shall be considered a beneficial use. The term of the lease may not exceed five years. The term of the lease may be renewed. There is no limitation on the number of times that the lease may be renewed.

�� (3) A lease of all or a portion of an existing water right for use as an in-stream water right under subsection (2) of this section may allow the split use of the water between the existing water right and the in-stream water right during the same calendar year, provided:

�� (a) The uses of the existing water right and the in-stream water right are not concurrent; and

�� (b) The holders of the water rights measure and report to the Water Resources Department the use of the existing water right and the in-stream water right.

�� (4) A person who has an existing water right and wishes to lease the water right as described in subsection (2) of this section must file a request and obtain department approval of the lease. Upon receipt of the request, the department shall provide notice of the request by inclusion in the weekly public notice published by the department. Any allegation of injury must be delivered to the department no later than 21 days after publication of the request in the weekly public notice.

�� (5) After publishing notice of a request made under subsection (2) of this section and allowing time for the delivery of allegations of injury, the department shall issue an order approving the request if the department finds that the leasing of the water right for in-stream use can be effected without injury to other existing water rights or can be conditioned to prevent injury to other existing water rights. If the lease is for the split use of water between the existing water right and the in-stream water right during the same calendar year, the conditions imposed in the order approving the request must include, but need not be limited to, compliance with subsection (3) of this section.

�� (6) The department at any time may revoke or modify an order issued for a lease under subsection (2) of this section if the department determines that the use of the water right for in-stream use under the lease has resulted in or may result in injury to an existing water right. [1987 c.859 �9; 2001 c.205 ��1,2; 2013 c.165 ��1,2; 2023 c.55 �1; 2025 c.282 �36]

�� Note: The amendments to 537.348 by section 36, chapter 282, Oregon Laws 2025, become operative April 1, 2026. See section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025. The text that is operative until April 1, 2026, is set forth for the user�s convenience.

�� 537.348. (1) Any person may purchase or lease all or a portion of an existing water right or accept a gift of all or a portion of an existing water right for conversion to an in-stream water right. Any water right converted to an in-stream water right under this section shall retain the priority date of the water right purchased, leased or received as a gift. At the request of the person the Water Resources Commission shall issue a new certificate for the in-stream water right showing the original priority date of the purchased, gifted or leased water right. Except as provided in subsections (2) to (6) of this section, a person who transfers a water right by purchase, lease or gift under this subsection shall comply with the requirements for the transfer of a water right under ORS 540.505 to 540.586.

�� (a) The uses of the existing water right and the in-stream water right are not concurrent; and

�� (b) The holders of the water rights measure and report to the Water Resources Department the use of the existing water right and the in-stream water right.

�� (4) A person who has an existing water right and wishes to lease the water right as described in subsection (2) of this section must file a request and obtain department approval of the lease. Upon receipt of the request, the department shall provide notice of the request by inclusion in the weekly notice published by the department. Any allegation of injury must be delivered to the department no later than 21 days after publication of the request in the weekly notice.

�� Note: Sections 1 and 2, chapter 227, Oregon Laws 2025, provide:

�� Sec. 1. Temporary conversion to in-stream water right in Walla Walla basin; conditions for approval. (1) As used in this section:

�� (a) �District� has the meaning given that term in ORS 540.505.

�� (b) �Water use subject to transfer� has the meaning given that term in ORS 540.505.

�� (2) Notwithstanding ORS 537.348, the Water Resources Department may approve an application by a district that is wholly or partly within the Walla Walla basin to lease all or a portion of an existing water right for temporary conversion to an in-stream water right, by splitting the rate and duty of the water right between an existing use and in-stream use, if:

�� (a) The application demonstrates that:

�� (A) The water right is held in the name of the district;

�� (B) The water use is a water use subject to transfer;

�� (C) The existing use of the water under the water right is for irrigation; and

�� (D) The district has diverted the full rate of water allowed in the water right, and the full duty of water allowed in the water right, if applicable, beneficially and without waste at least once in the five years preceding the application; and

�� (b) The department determines that:

�� (A) Granting the lease will not cause injury to an existing water right;

�� (B) The district is in compliance with any applicable water use measurement or reporting requirements;

�� (C) The department has water use measurements for the water right for the five years preceding the application;

�� (D) The district has assisted the department with evaluating the acres within the district, using satellite imagery, and has provided relevant input and information to the department; and

�� (E) The district has filed affidavits to voluntarily cancel any acres that are subject to forfeiture under ORS 540.610.

�� (3) In reviewing an application under subsection (2) of this section, the department:

�� (a) Shall publish notice of the application in the weekly public notice published by the department and accept any allegations of injury for at least 21 days after publication of the notice.

�� (b) May not consider whether the lease will enlarge an existing water right.

�� (4) The terms of a lease under this section must provide that, during the term of the lease, the district:

�� (a) May not increase the number of acres that are irrigated within the district;

�� (b) May not increase the district�s consumptive use of water under all water rights held in the name of the district and the water right that is subject to the lease;

�� (c) May not increase the district�s use of supplemental water rights or storage water rights;

�� (d) Shall comply with a duty for the water right that the department assigns, if no duty otherwise applies to the water right; and

�� (e) Shall measure the district�s water use, above, below and at the point of diversion or points of rediversion and provide the measurements to the department in real time, to the satisfaction of the watermaster.

�� (5) At any point, if the department finds that a lease under this section causes injury to an existing water right:

�� (a) The department may terminate the lease; and

�� (b) If the lease is terminated pursuant to this subsection, the water use for the water right will revert to the terms of the original water right.

�� (6) The Water Resources Commission may adopt rules as needed to implement this section. [2025 c.227 �1]

�� Sec. 2. Section 1 of this 2025 Act is repealed on January 2, 2030. [2025 c.227 �2]

�� 537.349 Processing request for in-stream water right. Except as provided in ORS 537.343, the Water Resources Department shall process a request received under ORS 537.336 for a certificate for an in-stream water right in accordance with the provisions for obtaining a permit to appropriate water under ORS 537.140 to 537.252. [1995 c.416 �19]

�� 537.350 Legal status of in-stream water right. (1) After the Water Resources Commission issues a certificate for an in-stream water right under ORS 537.341 to 537.348, the in-stream water right shall have the same legal status as any other water right for which a certificate has been issued.

�� (2) An in-stream water right is not subject to cancellation under ORS 537.260 or 537.410 to

ORS 537.410

537.410 to 537.440 for the cancellation of permits. [Amended by 1985 c.673 �45]

CONSERVATION AND USE OF CONSERVED WATER

�� 537.455 Definitions for ORS 537.455 to 537.500 and 540.510. As used in ORS 537.455 to 537.500 and 540.510:

�� (1) �Conservation� means the reduction of the amount of water diverted to satisfy an existing beneficial use achieved either by improving the technology or method for diverting, transporting, applying or recovering the water or by implementing other approved conservation measures.

�� (2) �Conserved water� means that amount of water that results from conservation measures, measured as the difference between:

�� (a) The smaller of the amount stated on the water right or the maximum amount of water that can be diverted using the existing facilities; and

�� (b) The amount of water needed after implementation of conservation measures to meet the beneficial use under the water right certificate. [1987 c.264 �1; 1993 c.641 �1]

�� Note: 537.455 to 537.500 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 537.460 Legislative findings; policy. (1) The Legislative Assembly finds and declares that conservation and efficient utilization of water benefits all water users, provides water to satisfy current and future needs through reduction of consumptive waste, improves water quality by reducing contaminated return flow, prevents erosion and allows increased in-stream flow.

�� (2) It is therefore declared to be the policy of the State of Oregon to:

�� (a) Aggressively promote conservation;

�� (b) Encourage the highest and best use of water by allowing the sale or lease of the right to the use of conserved water; and

�� (c) Encourage local cooperation and coordination in development of conservation projects to provide incentives for increased efficiency and to improve streamflows.

�� (3) As used in this section, �efficient utilization� means use without waste, upgrading of irrigation equipment to comply with modern practices within a reasonable time period or other methods used to meet both current and future water needs at the least cost. [1987 c.264 �2; 1993 c.641 �2; 2003 c.93 �1; 2005 c.22 �379]

�� Note: See note under 537.455.

�� 537.463 Applicability of ORS 537.455 to 537.500. The provisions of ORS 537.455 to 537.500 establish a voluntary program and apply only to those persons who choose to apply for an allocation of conserved water under ORS 537.465. [1993 c.641 �11; 2003 c.93 �2]

�� Note: See note under 537.455.

�� 537.465 Application for allocation of conserved water; submission; required contents. (1) Any person or group of persons holding a water use subject to transfer as defined in ORS 540.505 may submit an application to the Water Resources Commission for approval of an allocation of conserved water for a measure that:

�� (a) The person or group of persons intends to implement; or

�� (b) Was implemented by the person or group of persons within five years prior to the submission of the application.

�� (2) An application submitted under subsection (1)(a) of this section shall include:

�� (a) A description of the proposed measures;

�� (b) A description of the existing diversion facilities and an estimate of the amount of water that can be diverted at the facilities;

�� (c) The amount of water that will be needed to supply existing rights after implementation of the conservation measures;

�� (d) The amount of conserved water expected from implementation of the conservation measures;

�� (e) The proposed allocation and use of the conserved water if different from the allocation specified in ORS 537.470;

�� (f) The intended use of any water allocated to the applicant;

�� (g) The applicant�s choice of priority date for the conserved water; and

�� (h) Any other information the commission considers necessary to evaluate the effectiveness of the proposal.

�� (3) An application under subsection (1)(b) of this section shall include:

�� (a) A description of the measure as implemented and the date on which the measure was implemented;

�� (b) A description of the diversion facilities before the conservation measure was implemented and the amount of water that was diverted at the facilities before the conservation measure was implemented;

�� (c) The amount of water needed to supply existing rights after implementation of the conservation measure;

�� (d) The amount of water conserved by implementing the conservation measure;

�� (e) The proposed allocation and use of the conserved water if different from the allocation specified in ORS 537.470;

�� (f) The intended use of any water allocated to the applicant;

�� (g) The applicant�s choice of priority date for the conserved water;

�� (h) Evidence that the measure was implemented within five years prior to the date of filing the application; and

�� (i) Any other information the commission considers necessary to evaluate the application.

�� (4) If a person proposes conservation measures within the boundaries of an irrigation district organized under ORS chapter 545 or a water control district organized under ORS chapter 553, at the time the person submits the application, the person also must submit evidence that the district has approved the conservation application. [1987 c.264 �3; 1993 c.641 �3; 1995 c.274 �10; 2003 c.93 �3]

�� Note: See note under 537.455.

�� 537.470 Allocation of conserved water by commission; criteria; percentage to state; certificates showing change in original water right. (1) Upon receipt of an application for allocation of conserved water under ORS 537.465, the Water Resources Commission shall give notice of receipt of the application in accordance with ORS 540.520 (6)(c)(B).

�� (2) The commission shall allocate conserved water as provided in subsection (3) of this section and approve modifications of water rights as provided in subsection (7) of this section. The commission may not allocate conserved water pursuant to an application under ORS 537.465 if the application is filed more than five years after the conservation measure was implemented.

�� (3) After determining the quantity of conserved water, if any, required to mitigate the effects on other water rights, the commission shall allocate 25 percent of the remaining conserved water to the state and 75 percent to the applicant, unless the applicant proposes a higher allocation to the state or more than 25 percent of the funds used to finance the conservation measures comes from federal or state public sources. If more than 25 percent of the funds used to finance the conservation measures comes from federal or state public sources and is not subject to repayment, the commission shall allocate to the state a percentage equal to the percentage of public funds used to finance the conservation measures and allocate to the applicant a percentage equal to the percentage of other funds used to finance the conservation measures. If the commission determines that the water allocated to the state is necessary to support in-stream flow purposes in accordance with ORS 537.332 to 537.360, the water shall be converted to an in-stream water right. If the water allocated to the state is not necessary to support in-stream flow purposes, it shall revert to the public for appropriation by the next user in priority. In no event, however, shall the applicant receive less than 25 percent of the remaining conserved water unless the applicant proposes a higher allocation to the state.

�� (4) The commission shall:

�� (a) Issue a proposed final order on the application.

�� (b) Serve the proposed final order in accordance with ORS 183.415.

�� (c) Provide notice of the proposed final order to any other person requesting notice.

�� (5) The provisions of ORS 536.076 and 536.077, and rules adopted thereunder, apply to a contested case proceeding on a proposed final order issued under this section.

�� (6) The modification of water rights under an allocation of conserved water may not require a separate request for transfer under ORS 540.520.

�� (7) After the commission completes the allocation of conserved water under subsection (3) of this section, the commission shall issue orders for proposed new certificates covering the changes in the original water rights. Once the conservation project is completed, separate new certificates preserving the previously established priority of rights shall be issued to cover the unaffected portion of the water rights and separate new certificates indicating the priority of rights as set forth in ORS 537.485 shall be issued to cover the right to the use of the allocated water. [1987 c.264 �4; 1989 c.62 �1; 1993 c.641 �4; 1995 c.274 �13; 1999 c.664 �7; 2003 c.93 �4; 2025 c.282 �37; 2025 c.575 �15]

�� Note: The amendments to 537.470 by section 37, chapter 282, Oregon Laws 2025, become operative April 1, 2026, and apply to applications and petitions submitted on or after April 1, 2026. See section 30, chapter 282, Oregon Laws 2025, as amended by section 21b, chapter 575, Oregon Laws 2025, and see section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025. The text that is operative until April 1, 2026, including amendments by section 15, chapter 575, Oregon Laws 2025, is set forth for the user�s convenience.

�� 537.470. (1) Upon receipt of an application for allocation of conserved water under ORS 537.465, the Water Resources Commission shall give notice of receipt of the application in accordance with ORS 540.520 (5).

�� (4) The commission shall:

�� (a) Issue a proposed final order on the application.

�� (b) Serve the proposed final order in accordance with ORS 183.415.

�� (c) Provide notice of the proposed final order to any other person requesting notice.

�� (5) The provisions of ORS 536.076 and 536.077, and rules adopted thereunder, apply to a contested case proceeding on a proposed final order issued under this section.

�� (6) The modification of water rights under an allocation of conserved water may not require a separate request for transfer under ORS 540.520.

�� Note: See note under 537.455.

�� 537.475 [1987 c.264 �5; repealed by 1993 c.641 �13]

�� 537.480 Rules; criteria for evaluating allocation and determining mitigation required. The Water Resources Commission shall adopt rules and standards necessary to carry out the provisions of ORS

ORS 537.500

537.500;

�� (j) Novel water sharing agreements or arrangements that benefit other in-stream and out-of-stream water uses;

�� (k) Water reuse;

�� (L) Effective use of state and federal programs;

�� (m) Practices that restore and protect fish and wildlife habitat;

�� (n) Practices that reduce energy use and costs;

�� (o) Fish screening and fish passage; and

�� (p) Experimentation with alternative crops and drought-resistant crops.

�� (4) Identifying, studying and mitigating the effects of projects and practices implemented under subsection (3) of this section on in-stream and out-of-stream water users and uses, and conducting related outreach.

�� (5) Organizing workshops and tours to promote innovative agricultural water management practices.

�� (6) Establishing and maintaining or supporting publicly available weather and irrigation information systems designed to collect, process and make publicly available climate and weather-related data and provide to agricultural producers tools that support increased production, increased resilience to drought and flood events and the efficient management of water resources.

�� (7) In consultation with the Water Resources Department, contracting with an organization that provides publicly accessible, reproducible, satellite-based evapotranspiration data using open science methods, open data services and an ensemble of well-established evapotranspiration models to:

�� (a) Support ongoing and reliable evapotranspiration data production and platform maintenance for public use across this state;

�� (b) Support data collection and technical analyses to improve the accuracy of the data for different regions in Oregon; and

�� (c) Conduct outreach to agricultural producers and other subject matter experts to verify accuracy and increase usability of the data.

�� (8) Partnering with agricultural producers and other subject matter experts to check the accuracy of data, develop new tools, adapt available tools, experiment with new technologies and approaches and identify best management practices.

�� (9) Performing and publishing research related to agricultural water management.

�� (10) Developing and updating Oregon-specific guides, manuals and other resources, with a focus on resources that will increase the likelihood of securing federal funding and assistance for agricultural water management and increase the effective delivery of desired outcomes.

�� (11) Providing technical assistance to small farmers or ranchers in accessing state and federal assistance programs, including but not limited to disaster assistance programs. [2023 c.606 �12]

�� Note: 568.950 to 568.954 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 568 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 568.952 Implementation of agricultural water management technical assistance program. (1) To carry out the technical assistance program described in ORS 568.950, the Oregon State University Extension Service and the Oregon State University Agricultural Experiment Station may:

�� (a) Support the acquisition and maintenance of equipment necessary for the collection of weather data, climate data and data related to agricultural water use and management, including equipment that measures or monitors water supply, water diversions, water use and evapotranspiration. Equipment may include, but need not be limited to:

�� (A) AgriMet weather stations;

�� (B) Other weather stations;

�� (C) Eddy covariance stations;

�� (D) Lysimeters;

�� (E) Stream gauges;

�� (F) Soil moisture meters; and

�� (G) Water use measuring devices.

�� (b) Form partnerships with agricultural producers to site data collection equipment and use the data collected in on-farm management practices, with preference given to producers that agree to develop on-farm demonstration projects, as described in ORS 568.950 (3).

�� (c) Form partnerships and enter into cost-sharing agreements with institutions capable of maintaining data collection equipment and processing data, including, but not limited to, the United States Geological Survey, the United States Bureau of Reclamation, the Natural Resources Conservation Service of the United States Department of Agriculture, the National Weather Service of the National Oceanic and Atmospheric Administration, the State Department of Agriculture, the Water Resources Department, the State Department of Fish and Wildlife, the Department of Environmental Quality, the Oregon Watershed Enhancement Board, the Oregon Climate Service and soil and water conservation districts.

�� (d) Convene statewide or region-specific advisory groups or working groups to advise on any aspect of the program.

�� (2) All data collected under subsection (1) of this section using public funds must be made publicly available.

�� (3) In establishing and maintaining the voluntary demonstration network described in ORS 568.950 (3), the Oregon State University Extension Service and the Oregon State University Agricultural Experiment Station:

�� (a) May receive and expend funds from any source to:

�� (A) Design and implement demonstration projects under ORS 568.950 (3); or

�� (B) Provide stipends to agricultural producers participating in the voluntary demonstration network described in ORS 568.950 (3) for time, equipment and related expenses.

�� (b) Shall prioritize projects that have the potential to increase drought resiliency and provide quantifiable water quantity and quality benefits to other in-stream and out-of-stream water users or uses. [2023 c.606 �13]

�� Note: See note under 568.950.

�� 568.954 Reports to interim committees of Legislative Assembly. (1) The Oregon State University Extension Service and the Oregon State University Agricultural Experiment Station shall jointly:

�� (a) Prepare an annual report describing climate-related impacts on agricultural producers, including, but not limited to, flood and drought impacts, and recommendations to increase agricultural resilience; and

�� (b) Submit the report in the manner provided by ORS 192.245 to the interim committees of the Legislative Assembly related to agriculture no later than September 15 of each year.

�� (2) The Oregon State University Extension Service and the Oregon State University Agricultural Experiment Station shall jointly report on the progress of the technical assistance program established under ORS 568.950 in the manner provided by ORS

ORS 537.505

537.505 to 537.795 supplementary. ORS 537.505 to 537.795 and 537.992 are intended to be supplementary and in addition to and are not intended to repeal any law relating to the surface waters of this state. [1955 c.708 �35]

�� 537.796 Rules regarding low temperature geothermal appropriations. The Water Resources Commission shall adopt by rule an initial temperature below which low temperature geothermal appropriations shall not be protected from thermal interference caused by ground water appropriations for other purposes. [1989 c.201 ��7,8]

�� Note: 537.796 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

WATER RIGHT EXAMINERS; SURVEYS

�� 537.797 Criteria for certification to determine work completion; rules. (1) As used in this section:

�� (a) �District� means:

�� (A) An irrigation district formed under ORS chapter 545;

�� (B) A drainage district formed under ORS chapter 547;

�� (C) A water improvement district formed under ORS chapter 552; or

�� (D) A water control district formed under ORS chapter 553.

�� (b) �Registered geologist� has the meaning given that term in ORS 672.505.

�� (c) �Registered professional engineer� and �registered professional land surveyor� have the meanings given those terms in ORS 672.002.

�� (2) The Water Resources Commission by rule shall establish criteria for certification under ORS 537.798 to conduct surveys to determine whether a permittee has completed all work necessary to perfect an appropriation of water under ORS 537.230,

ORS 537.525

537.525 by considering:

�� (a) The conservation of the highest use of the water for all purposes, including irrigation, domestic use, municipal water supply, power development, public recreation, protection of commercial and game fishing and wildlife, fire protection, mining, industrial purposes, navigation, scenic attraction or any other beneficial use to which the water may be applied for which it may have a special value to the public.

�� (b) The maximum economic development of the waters involved.

�� (c) The control of the waters of this state for all beneficial purposes, including drainage, sanitation and flood control.

�� (d) The amount of waters available for appropriation for beneficial use.

�� (e) The prevention of wasteful, uneconomic, impracticable or unreasonable use of the waters involved.

�� (f) All vested and inchoate rights to the waters of this state or to the use of the waters of this state, and the means necessary to protect such rights.

�� (g) The state water resources policy.

�� (5) Upon issuing a final order, the department shall notify the applicant and each person who submitted written comments or protests or otherwise requested notice of the final order and send a copy of the final order to any person who requested a copy and paid the fee required under ORS 536.050 (1)(p).

�� (6) A right to appropriate ground water under a permit has a priority from the date when the application was filed with the department.

�� (7) If the use of water under the permit is for operation of a mining operation as defined in ORS

ORS 537.534

537.534.

�� (8) Upon issuing a final order, the director shall notify the applicant and each person who submitted written comments or protests or otherwise requested notice of the final order and send a copy of the final order to any person who requested a copy and paid the fee required under ORS 536.050 (1)(p). [Amended by 1955 c.707 �36; 1961 c.224 �12; 1963 c.378 �1; 1975 c.581 �26; 1985 c.569 �19; 1985 c.673 �30; 1995 c.416 �13; 1997 c.587 �6; 2003 c.75 �96; 2025 c.575 �6]

�� 537.173 Exceptions to final order; modified order. (1) Within 20 days after the Water Resources Director issues a final order under ORS 537.170 after the conclusion of a contested case hearing, any party may file exceptions to the order with the Water Resources Commission.

�� (2) The commission shall issue a modified order, if allowed, or deny the exceptions within 60 days after the close of the exception period under subsection (1) of this section. [1995 c.416 �14]

�� Note: See second note under 537.153.

�� 537.175 Time limit for issuing final order or scheduling contested case hearing; applicant request for extension. (1) Except as provided in subsection (2) of this section, the Water Resources Department shall issue a final order or schedule a contested case hearing on an application for a water right referred to in ORS 537.140 or 537.400 within 180 days after the department proceeds with the application under ORS 537.150 (5).

�� (2) At the request of the applicant, the department may extend the 180-day period set forth in subsection (1) of this section for a reasonable period of time.

�� (3) If the applicant does not request an extension under subsection (2) of this section and the department fails to issue a proposed final order or schedule a contested case hearing on an application for a water right within 180 days after the department proceeds with the application under ORS 537.150 (5), the applicant may apply in the Circuit Court for Marion County for a writ of mandamus to compel the department to issue a final order or schedule a contested case hearing on an application for a water right. If the application is for an out-of-stream use, the writ of mandamus shall compel the department to issue a water right permit, unless the department shows by affidavit that to issue a permit may result in harm to an existing water right holder. [1995 c.416 �17; 2025 c.575 �7]

�� Note: See second note under 537.153.

�� 537.180 [Amended by 1971 c.734 �78; 1985 c.673 �31; repealed by 1995 c.416 �50]

�� 537.185 [1971 c.734 �80; repealed by 1985 c.673 �185]

�� 537.190 Terms and conditions of approval; municipal water supplies; release of stored water. (1) The Water Resources Department may approve an application for less water than applied for, or upon terms, limitations and conditions necessary for the protection of the public interest, including terms, limitations and conditions relating to the release of water from an impoundment or diversion structure necessary to prevent rapid fluctuation in the stream level below the structure which may create a hazard to life or property, if there exists substantial reason therefor. In any event the department shall not approve an application for more water than can be applied to a beneficial use.

�� (2) The department may approve an application for a municipal water supply to the exclusion of all subsequent appropriations, if the exigencies of the case demand.

�� (3) When conditions beyond the control of the owner or operator of an impoundment or diversion structure, to which terms, limitations and conditions made as provided in subsection (1) of this section relate, threaten the safety of the structure and the release of water from the structure contrary to such terms, limitations and conditions is or may be necessary to remove the threat:

�� (a) The terms, limitations and conditions shall not apply to such release of water.

�� (b) The owner, operator or person in immediate charge of the structure shall immediately notify the department by telegraph or telephone of the situation.

�� (c) The owner, operator or person in immediate charge of the structure shall immediately notify, to the best of the person�s ability, those persons whose life or property may be threatened by the release of water. [Amended by 1959 c.624 �3; subsection (3) enacted as 1959 c.624 �5; 1985 c.673 �32; 1995 c.416 �15]

�� 537.200 [Amended by 1955 c.707 �37; repealed by 1971 c.734 �21]

�� 537.210 [Repealed by 1981 c.61 �1 (537.211 enacted in lieu of 537.210)]

�� 537.211 Issuance of permit if application approved; contents of permit; effect; rejection of application; change in permit terms; grounds for denial. (1) The approval of an application referred to in ORS 537.140 or 537.400 shall be set forth in a water right permit issued by the Water Resources Department. The permit shall specify the details of the authorized use and shall set forth any terms, limitations and conditions as the department considers appropriate including but not limited to any applicable condition required under ORS 537.289. A copy of the permit shall be filed as a public record in the department. The permit shall be mailed to the applicant, and upon receipt of the permit the permittee may proceed with the construction of the necessary works and may take all action required to apply the water to the designated beneficial use and to perfect the proposed appropriation.

�� (2) Except as provided in subsection (7) of this section, if an application under ORS 537.140 or 537.400 indicates that the applicant does not have written authorization or an easement permitting access to nonowned land crossed by the proposed ditch, canal or other work, the department may issue a final order approving the application if the approval includes a condition requiring the applicant to obtain such written authorization, or easement or ownership of such land and to provide the department with a copy of the written authorization, easement or evidence of ownership.

�� (3) If an application referred to in ORS 537.140 or 537.400 is rejected, the department shall enter a written order setting forth the reasons for the rejection. The applicant shall take no action toward construction of the works or use of the water. The department shall mail a copy of the order to the applicant.

�� (4) The holder of a water right permit may change the point of diversion, change the point of appropriation, change the point of diversion to allow the appropriation of ground water or use the water on land to which the right is not appurtenant if:

�� (a) The use of water on land to which the right is not appurtenant, the change of point of diversion or the change in point of appropriation does not result in injury to an existing water right;

�� (b) For a proposed change in the place of use of the water, the land on which the water is to be used is owned or controlled by the holder of the permit and is contiguous to the land to which the permit is appurtenant;

�� (c) All other terms of the permit remain the same, including but not limited to the beneficial use for which the water is used and the number of acres to which water is applied;

�� (d) Prior approval is obtained from the district if the water is transported or conveyed by an irrigation district organized under ORS chapter 545, a drainage district organized under ORS chapter 547, a water improvement district organized under ORS chapter 552, a water control district organized under ORS chapter 553 or a district improvement company or a corporation organized under ORS chapter 554;

�� (e) The holder of the permit provides written notice to the department at least 60 days before making any changes to the lands, point of diversion or point of appropriation described in the permit;

�� (f) Diversion is provided with a proper fish screen, if requested by the State Department of Fish and Wildlife; and

�� (g) For a request to transfer the point of diversion to allow the appropriation of ground water, the proposed change meets the standards set forth in ORS 540.531 (2) or (3).

�� (5) The Water Resources Department may deny a change in the point of appropriation under subsection (4) of this section if the proposed point of appropriation is for a source of ground water restricted under ORS 536.415 and the proposed use is subject to the restrictions, unless the proposed point of appropriation is:

�� (a)(A) In a critical ground water area designated under ORS 537.730;

�� (B) In the same aquifer as the existing point of appropriation; and

�� (C) In the same portion of the critical ground water area as the existing point of appropriation;

�� (b) In an area for which a ground water bank that is established by law or by rule mitigates the effects of the use of ground water; or

�� (c) Related to the recovery of stored ground water under an artificial recharge or aquifer storage and recovery project.

�� (6) Notwithstanding the requirements of subsection (4)(b) of this section, the holder of a water right permit may change the place of use of all or any portion of water under the permit to land that is not contiguous to the land to which the permit is appurtenant if:

�� (a) The change to noncontiguous land is in furtherance of mitigation or conservation efforts undertaken for the purposes of benefiting a species listed as sensitive, threatened or endangered under ORS 496.171 to 496.192 or the federal Endangered Species Act of 1973 (16 U.S.C. 1531 to 1544), as determined by the listing agency; and

�� (b) All other requirements of subsection (4) of this section are met.

�� (7) For an application made by or on behalf of a public corporation, the department may issue a permit approving the application without requiring the applicant to obtain prior written authorization or an easement permitting access to nonowned lands affected by the proposed project. However, nothing in this subsection shall be construed to allow any person to trespass on the lands of another person.

�� (8) When the department receives notice under subsection (4)(e) of this section, the department shall publish the notice in the department�s weekly public notice of water right applications.

�� (9) If the use of water under the permit is for operation of a mining operation as defined in ORS

ORS 537.670

537.670 to 537.695, when any person or public agency on August 3, 1955, is lawfully engaged in good faith in such construction, alteration or extension of a well for the application of ground water to beneficial use, the right to appropriate such ground water, upon completion of such construction, alteration or extension and application of the ground water to beneficial use within a reasonable time fixed by the Water Resources Commission, when registered under ORS 537.605 and 537.610, is recognized to the extent of the beneficial use of the ground water. [1955 c.708 �6(3); 1985 c.673 �49]

�� 537.597 [1989 c.939 �4; repealed by 1991 c.200 �3]

�� 537.599 [1989 c.939 �5; repealed by 1991 c.200 �3]

�� 537.600 [Repealed by 1955 c.708 �38]

�� 537.605 Registration of right to appropriate ground water claimed under ORS 537.585 or 537.595; registration statement. (1) Any person or public agency claiming any right to appropriate ground water under ORS 537.585 or 537.595, except for any purpose exempt under ORS 537.545, is entitled to receive from the Water Resources Commission within three years after August 3, 1955, a certificate of registration as evidence of a right to appropriate ground water as provided in ORS 537.585 or 537.595. Failure of such person or public agency to file a registration statement within such period creates a presumption that any such claim has been abandoned.

�� (2) Upon receipt of a request for registration by any person or public agency referred to in subsection (1) of this section within the period specified, the commission shall provide such person or public agency with a separate registration statement for each well, which shall be completed and returned to the commission.

�� (3) Each registration statement shall be in a form prescribed by the commission, shall be under oath and shall contain:

�� (a) The name and post-office address of the registrant.

�� (b) The nature of the use by the registrant of the ground water upon which the claim of the registrant is based.

�� (c) The dates when the ground water was or will be first applied to beneficial use and the dates when construction of the well was begun and completed.

�� (d) The amount of ground water claimed.

�� (e) If the ground water is used or is to be used for irrigation purposes, a description of the lands irrigated or to be irrigated, giving the number of acres irrigated or to be irrigated in each 40-acre legal subdivision, the dates of reclamation of each such legal subdivision and the date when the ground water was or will be completely applied.

�� (f) The depth to the water table.

�� (g) The location of the well with reference to government survey corners or monuments or corners of recorded plats.

�� (h) The depth, diameter and type of the well, and the kind and amount of the casing.

�� (i) The capacity of the well and well pump in gallons per minute, and the horsepower of the well pump motor.

�� (j) If the ground water is artesian or other ground water not requiring pumping, the rate of flow in gallons in such manner as the commission may prescribe.

�� (k) The amount of ground water pumped or otherwise taken from the well each year.

�� (L) A copy of the log of the completed well, if such log is available.

�� (m) If the ground water supply is supplemental to an existing water supply, identification of any application for a permit, permit, certification or adjudicated right to appropriate water made or held by the registrant.

�� (n) Such other information as the commission considers necessary.

�� (4) Each registration statement shall be accompanied by maps, drawings and other data as the commission considers necessary.

�� (5) The commission may require that any registration statement be supplemented after any well is fully completed by a statement containing such additional information as the commission considers necessary.

�� (6) Any person or public agency who failed to file a registration statement within the period set forth in subsection (1) of this section may file within one year after May 29, 1961, a petition with the commission requesting that the person be given an opportunity to rebut the presumption that the person has abandoned the claim. Upon the filing of such a petition the commission may schedule a hearing to take testimony and evidence on the date of well construction and the use of ground water or the commission may accept sworn statements in writing in support of such petition. No petition shall be denied without a public hearing. If it appears after hearing or from such sworn statements, that the person or public agency has a use of ground water that would be subject to determination under ORS 537.670 to 537.695 as defined in ORS 537.585 and 537.595, the commission shall issue an order authorizing the petitioner to file a registration statement as described under subsection (3) of this section. Upon receipt of the completed registration statement the commission shall issue to the registrant a certificate of registration, as provided in ORS 537.610. [1955 c.708 �7; 1957 c.341 �6; 1961 c.668 �3; 1985 c.673 �50]

�� 537.610 Recording registration statement; issuing certificate of registration; effect of certificate; grounds for denial of change; rules; fees. (1) The Water Resources Commission shall accept all registration statements referred to in ORS 537.605 completed and returned to the commission in proper form, endorse on the registration statement the date of the return and record each statement. Upon recording the statement, the commission shall issue to the registrant a certificate as evidence that the registration is completed.

�� (2) The issuance of the certificate of registration serves as prima facie evidence that the registrant is entitled to a right to appropriate ground water and apply it to beneficial use to the extent and in the manner disclosed in the recorded registration statement and in the certificate of registration.

�� (3) A certificate of registration issued under this section may not be construed as a final determination of any matter stated in the certificate of registration. The right of the registrant to appropriate ground water under a certificate of registration is subject to determination under ORS 537.670 to 537.695, and is not final or conclusive until so determined and a ground water right certificate issued. A right to appropriate ground water under a certificate of registration has a tentative priority from the date when the construction of the well was begun.

�� (4) The commission shall adopt by rule the process and standards by which the commission will recognize changes in the place of use, type of use or point of appropriation for claims to appropriate ground water registered under this section. The commission shall adopt fees not to exceed $2,730 for actions taken to modify a certificate of registration.

�� (a)(A) In a critical ground water area designated under ORS 537.730;

�� (B) In the same aquifer as the existing point of appropriation; and

�� (C) In the same portion of the critical ground water area as the existing point of appropriation;

�� (b) In an area for which a ground water bank that is established by law or by rule mitigates the effects of the use of ground water; or

�� (c) Related to the recovery of stored ground water under an artificial recharge or aquifer storage and recovery project. [1955 c.708 �8; 1985 c.673 �51; 2005 c.614 �1; 2009 c.819 ��8,15; 2013 c.644 ��6,7; 2017 c.571 ��5,6; 2021 c.515 �3; 2025 c.282 �19; 2025 c.570 �3]

�� Note: The amendments to 537.610 by section 19, chapter 282, Oregon Laws 2025, become operative April 1, 2026, and apply to applications and petitions submitted on or after April 1, 2026. See section 30, chapter 282, Oregon Laws 2025, as amended by section 21b, chapter 575, Oregon Laws 2025, and see section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025. The text that is operative until April 1, 2026, including amendments by section 3, chapter 570, Oregon Laws 2025, is set forth for the user�s convenience.

�� 537.610. (1) The Water Resources Commission shall accept all registration statements referred to in ORS 537.605 completed and returned to the commission in proper form, endorse on the registration statement the date of the return and record each statement. Upon recording the statement, the commission shall issue to the registrant a certificate as evidence that the registration is completed.

�� 537.615 Application for permit to acquire new right or enlarge existing right to appropriate ground water; plans and drawings. (1) Any person or public agency intending to acquire a wholly new right to appropriate ground water or to enlarge upon any existing right to appropriate ground water, except for any purpose exempt under ORS

ORS 537.695

537.695 of the rights to appropriate the ground water of any ground water reservoir, the Water Resources Director shall issue to each person or public agency represented in the determination proceedings and who is determined to have such a right a ground water right certificate, setting forth the name and post-office address of the owner of the right; the priority of the date, extent and purpose of the right; and, if the ground water is for irrigation purposes, a description of the legal subdivisions of land to which the ground water is appurtenant. [1955 c.708 �21; 1957 c.341 �7; 1969 c.629 �2; 1971 c.621 �36; 1975 c.607 �39; 1979 c.67 �1]

�� 537.705 Ground water appurtenant; change in use, place of use or point of appropriation. All ground water used in this state for any purpose shall remain appurtenant to the premises upon which it is used and no change in use or place of use of any ground water for any purpose may be made without compliance with a procedure as nearly as possible like that set forth in ORS 540.520 and 540.530. However, the owner of any ground water right may, upon compliance with a procedure as nearly as possible like that set forth in ORS 540.520 and 540.530, change the use and place of use, the point of appropriation or the use theretofore made of the ground water in all cases without losing priority of the right theretofore established. [1955 c.708 �22]

�� 537.710 [Renumbered 537.800]

�� 537.715 [1955 c.708 �23; repealed by 1957 c.341 �12]

�� 537.720 Violation of terms of law or permit or certificate; action by Water Resources Commission. Whenever, after notice to and opportunity to be heard by such holder, the Water Resources Commission finds that the holder of any permit or certificate of registration issued under ORS 537.505 to 537.795 and 537.992 is willfully violating any provision of the permit or certificate of registration or any provision of ORS 537.505 to 537.795 and 537.992, the commission may cancel or suspend the permit or certificate of registration or impose conditions on the future use thereof to prevent such violation. [1955 c.708 �24; 1985 c.673 �61]

�� 537.730 Designation of critical ground water area; rules; notice. (1) The Water Resources Commission by rule may designate an area of the state a critical ground water area if:

�� (a) Ground water levels in the area in question are declining or have declined excessively;

�� (b) The Water Resources Department finds a pattern of substantial interference between wells within the area in question;

�� (c) The department finds a pattern of interference or potential interference between wells of ground water claimants or appropriators within the area in question with the production of geothermal resources from an area regulated under ORS chapter 522;

�� (d) The department finds a pattern of substantial interference between wells within the area in question and:

�� (A) An appropriator of surface water whose water right has an earlier priority date; or

�� (B) A restriction imposed on surface water appropriation or a minimum perennial streamflow that has an effective date earlier than the priority date of the ground water appropriation;

�� (e) The available ground water supply in the area in question is being or is about to be overdrawn;

�� (f) The purity of the ground water in the area in question has been or reasonably may be expected to become polluted to an extent contrary to the public welfare, health and safety; or

�� (g) Ground water temperatures in the area in question are expected to be, are being or have been substantially altered except as specified in ORS 537.796.

�� (2) The proceeding to designate a critical ground water area shall be conducted according to the provisions under ORS chapter 183 applicable to the adoption of rules by an agency, except that a hearing on a critical ground water declaration shall occur at least 60 days after notice has been given.

�� (3) In addition to the notice requirements under ORS 183.335, the department shall give notice by regular mail to:

�� (a) The owners of record of all ground water registrations, permits and certificates for water use within the affected area; and

�� (b) Each water well constructor licensed under ORS 537.747.

�� (4) If the department satisfies the notice requirements under ORS 183.335 and subsection (3) of this section, a person shall not contest a critical ground water area designation on grounds of failure to receive notice by regular mail. [1955 c.708 �26; 1957 c.341 �8; 1981 c.589 �5; 1985 c.673 �62; 1987 c.442 �1; 1989 c.201 �4; 1991 c.400 �4]

�� 537.735 Rules designating critical ground water area. (1) A rule adopted by the Water Resources Commission under ORS 537.730 shall:

�� (a) Define the boundaries of the critical ground water area and shall indicate which of the ground water reservoirs located either in whole or in part within the area in question are included within the critical ground water area. Any number of ground water reservoirs which either wholly or partially overlie one another may be included within the same critical ground water area.

�� (b) Contain a provision requiring a periodic review of conditions in the critical ground water area. The review shall be in sufficient detail to evaluate the continuing need for the critical ground water area designation and shall occur no less frequently than once every 10 years.

�� (2) In adopting the rule, the commission shall consider any orders or permits applicable to the reservoir issued by the governing board or State Geologist of the State Department of Geology and Mineral Industries under ORS chapter 522.

�� (3) A rule by the commission under subsection (1) of this section may include any one or more of the following corrective control provisions:

�� (a) A provision closing the critical ground water area to any further appropriation of ground water, in which event the commission shall thereafter refuse to accept any application for a permit to appropriate ground water located within such critical area.

�� (b) A provision determining the permissible total withdrawal of ground water in the critical area each day, month or year.

�� (c) The disposition of any application for a water right permit for the use of water in the area that is pending at the time the commission initiates the rulemaking process or that is received during the rulemaking process.

�� (d) Any one or more provisions making such additional requirements as are necessary to protect the public welfare, health and safety in accordance with the intent, purposes and requirements of ORS 537.505 to 537.795 and 537.992.

�� (e) A provision closing all or part of the critical ground water area to further appropriation of ground water for its thermal characteristics.

�� (f) A provision determining the permissible change in thermal characteristics of ground water in all or part of the critical ground water area each day, month or year. Insofar as may be reasonably done, the Water Resources Director shall apportion the permissible total temperature impact among those appropriators whose exercise of valid rights in the critical area affect the thermal characteristics of the ground water, in accordance with the relative dates of priority of such rights. [1955 c.708 �27; 1981 c.589 �6; 1981 c.919 �1; 1985 c.673 �63; 1989 c.201 �5; 1991 c.400 �5]

�� 537.740 Filing rules designating critical ground water area. In addition to any applicable requirements under ORS chapter 183, the Water Resources Commission shall file a copy of any rules designating a critical ground water area under ORS 537.730 to 537.740 with the county clerk of each county within which any part of the critical ground water area lies, and the county clerk shall record the designation in the deed records of the county. [1955 c.708 �28; 1985 c.673 �64; 1991 c.400 �6]

�� 537.742 Contested case proceeding to limit use of ground water in critical ground water area. (1) Any time after the Water Resources Commission adopts a rule under ORS 537.730 designating a critical ground water area, the commission may initiate a contested case proceeding to limit the use of ground water in the area if the commission has reason to believe that any of the qualifying criteria of ORS

ORS 537.798

537.798.

�� (11) Any person applying for a secondary permit for the use of stored water from a reservoir qualifying under subsection (10) of this section shall submit a survey prepared by a water right examiner certified under ORS 537.798. The survey required under this subsection shall apply to the storage reservoir and to the secondary use of the water in the reservoir. [1995 c.752 �4; 1997 c.446 �5; 1997 c.502 �2; 1997 c.587 �7; 2005 c.410 �4; 2017 c.704 �3; 2025 c.282 �18; 2025 c.575 �12]

CANCELLATION OF PERMIT FOR APPROPRIATION

�� 537.410 Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit; irrigation districts, municipalities and public utilities excepted. (1) Whenever the owner of a permit to appropriate the public waters of Oregon fails to commence actual construction work within the time required by law, or having commenced construction work as required by law, fails or neglects to prosecute the construction work with reasonable diligence, or fails to complete the construction work within the time required by law, or as fixed in the permit, or within such further time as may be allowed under ORS 537.230, or having completed construction work, fails or neglects to apply the water to beneficial use within the time fixed in the permit, the Water Resources Commission may cancel the permit on the records in the Water Resources Department as provided in ORS 537.410 to 537.450.

�� (2) However, permits issued by the commission to irrigation districts for reclamation purposes under the irrigation district laws of this state, to municipal corporations for municipal uses or purposes or to public utilities complying with subsection (3) of this section for an energy facility granted a site certificate by the Energy Facility Siting Council, are not subject to cancellation under the provisions of ORS 537.410 to 537.450.

�� (3) For a public utility to qualify under subsection (2) of this section:

�� (a) The energy facility of the public utility must not be a facility required to be licensed under ORS chapter 543; and

�� (b) The public utility must supply information every two years that demonstrates to the satisfaction of the commission that the conditions in the site certificate issued by the Energy Facility Siting Council contemplate the future use of the remaining portion of the water applied for in the original permit application. [Amended by 1985 c.673 �41; 1995 c.372 �1]

�� 537.420 Proposed final order canceling permit; notice. Whenever a permit holder fails to comply with the laws of the state and the requirements of the permit as to the commencement of work with due diligence, completion of the work of construction or the application of the water for a beneficial use, and the permit is subject to cancellation as provided in ORS 537.410 to 537.450, the Water Resources Commission shall issue a proposed final order canceling the permit and serve notice of the proposed final order, in accordance with ORS 183.415, on the holder of the permit that is proposed for cancellation and on each person who, according to Water Resources Department records, is the holder of a water right permit or certificate whose right may be injured by the proposed cancellation. The notice shall provide a period of 60 days from the date of the mailing of the notice within which to protest the proposed cancellation of the permit. [Amended by 1983 c.740 �212; 1985 c.673 �42; 1991 c.103 �1; 2025 c.575 �13]

�� 537.430 [Repealed by 1971 c.734 �21]

�� 537.440 Cancellation of permit; priorities of other permits. If the decision of the Water Resources Commission requires the cancellation of a permit, then the commission shall at once cancel, or have canceled, the permit. Thereafter the permit shall be of no further force or effect, and shall not be recognized or admitted as evidence of any right or interest in or to the waters covered by it in any proceeding in the courts or before other tribunals of the state. Permits having subsequent priority shall upon such cancellation have priority in the order of the filing of the applications upon which subsequent permits are based, as if the canceled permit, or the application upon which it was based, had never existed. [Amended by 1985 c.673 �43]

�� 537.445 Contested case proceeding on proposed final order to cancel permit or appropriation; cancellation suspended pending review. (1) The provisions of ORS 536.076 and 536.077, and rules adopted thereunder, apply to a contested case proceeding on a proposed final order issued under ORS 537.410 to 537.450.

�� (2) If a petition for review of an order canceling a permit or appropriation is filed under ORS

ORS 537.880

537.880.

�� (2)(a) Except as provided in paragraph (b) of this subsection, each report required to be submitted under ORS 537.880 must be accompanied by a recording fee of $25.

�� (b) If more than one geotechnical hole is drilled within seven days at the same project site, each report for each geotechnical hole drilled after the first geotechnical hole must be accompanied by a recording fee of $10.

�� (3) Fees collected under this section shall be deposited to the Water Resources Department Geotechnical Fund. [2009 c.767 �4]

�� 537.895 Water Resources Department Geotechnical Fund. (1) The Water Resources Department Geotechnical Fund is established in the State Treasury, separate and distinct from the General Fund.

�� (2) The Water Resources Department Geotechnical Fund shall consist of:

�� (a) Recording fees paid under ORS 537.890; and

�� (b) All moneys from gifts, grants or appropriations to the fund.

�� (3) Moneys in the Water Resources Department Geotechnical Fund are continuously appropriated to the Water Resources Department for department duties, functions and powers related to geotechnical holes. [2009 c.767 �5]

HAULED WATER

�� 537.896 Water supplier records; rules. (1) A water supplier that sells water to the public at a distribution location authorized for hauled water by the water supplier shall:

�� (a) Maintain records of the water sales that include:

�� (A) The name and contact information of the person that purchased the water.

�� (B) The date of the sale.

�� (C) The quantity of the water.

�� (D) The license plate number of the vehicle used to haul the water.

�� (b) Retain the records for at least 12 months after the sales.

�� (c) Upon request by law enforcement or the Water Resources Department, immediately provide the records.

�� (2) Notwithstanding subsection (1)(a) of this section, a water supplier is not required to keep records of water sold:

�� (a) To state or local government bulk water purchasers.

�� (b) To contractors licensed by the Construction Contractors Board.

�� (c) In bulk to be used for firefighting purposes.

�� (3) Notwithstanding any contrary provision of law, a water supplier that provides records under subsection (1)(c) of this section shall have immunity from any civil or criminal liability:

�� (a) That might otherwise be incurred or imposed with respect to release of the records and any data in the records.

�� (b) With respect to participating in any judicial proceeding that results from the release of records or any data in the records.

�� (4) The Water Resources Commission may adopt rules to implement this section. [2022 c.52 �1]

�� Note: 537.896, 537.897 and 537.898 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 537.897 Records of purchases from water suppliers; rules. (1) A person that purchases water from a water supplier at a distribution location to be hauled for irrigation or nursery purposes shall:

�� (a) Keep records of:

�� (A) The date and location of the purchase.

�� (B) The date on which the water is delivered.

�� (C) If hauling water for another person, the name and contact information of the person to whom the water will be delivered and the date of the delivery.

�� (D) The quantity of the water.

�� (E) The intended use of the water, including the type of plant for which the water is intended to be used.

�� (F) The location at which the water is used.

�� (b) Retain the records for at least 12 months after the water is delivered to the location of use.

�� (c) Upon request by law enforcement or the Water Resources Department, immediately provide the records.

�� (2) The Water Resources Commission may adopt rules to implement this section. [2022 c.52 �2]

�� Note: See note under 537.896.

�� 537.898 Hauling water used for Cannabis plants. (1) A person may not haul water to, or arrange for the hauling of water to, a grow site for plants in the plant Cannabis family Cannabaceae if:

�� (a) The grow site is not registered or licensed under ORS 475C.065, 475C.792 or 571.281; and

�� (b) The crop of plants is in an amount that is not allowed under state law.

�� (2) A person may not willfully or negligently provide false information to law enforcement or the Water Resources Department regarding the hauling of water related to plants in the plant Cannabis family Cannabaceae. [2022 c.52 �4]

�� Note: See note under 537.896.

PENALTIES

�� 537.990 Criminal penalties. (1) Violation of ORS 537.130 (2) is a Class B misdemeanor.

�� (2) Any person who willfully diverts or uses water to the detriment of others without compliance with law shall be punished as provided in subsection (1) of this section. The possession or use of water, except when a right of use is acquired in accordance with law, shall be prima facie evidence of the guilt of the person using it.

�� (3) Violation of ORS 537.535 (1) or 537.747 is a Class B misdemeanor.

�� (4) Violation of ORS 537.387 or 537.898 (2) is a Class A misdemeanor.

�� (5)(a) Violation of ORS 537.898 (1) with criminal negligence, as defined in ORS 161.085, is a Class A misdemeanor.

�� (b) Notwithstanding ORS 161.635, the maximum fine for a violation described in this subsection is $25,000 if the person:

�� (A) Owns a water hauling business; or

�� (B) Owns, operates or is responsible for the grow site to which the water was hauled or arranged to be hauled.

�� (6)(a) Notwithstanding subsections (1) to (3) of this section, violation of ORS

ORS 538.200

538.200 shall not prevent the condemnation for public park purposes of any lands through which any of the streams flow; nor affect vested rights or the rights of riparian proprietors of such lands in or to the waters of the creeks or streams; nor prevent the condemnation of any lands through which any of the streams flow, for the purpose of establishing, maintaining and operating thereon salmon fish culture work, nor prevent the State Fish and Wildlife Commission from appropriating any waters for fish culture work; nor prevent the appropriation, for irrigation purposes, of waters between the Union Pacific Railroad tracks and the Columbia River that flow from any of the streams other than Herman Creek; provided, that no waters shall be taken from above the falls in the streams mentioned in ORS 538.200. [Amended by 1978 s.s. c.2 �1]

�� 538.220 Waters of Mill and Barr Creeks, Jackson County, withdrawn; exceptions. (1) The waters described as follows are withdrawn from appropriation or condemnation, and shall not be diverted or interrupted for any purpose whatsoever, except for domestic purposes and protecting fish life therein by the State Fish and Wildlife Commission:

�� (a) The waters of Mill Creek, in Jackson County, beginning in section 22, township 31 south, range 4 east, Willamette Meridian, running thence southwesterly through township 31 south, range 3 east, Willamette Meridian, and township 32 south, range 3 east, Willamette Meridian, to a junction with the Rogue River in section 32, township 32 south, range 3 east, Willamette Meridian, together with the tributaries of said Mill Creek; and

�� (b) Barr Creek, in Jackson County, beginning in section 1, township 32 south, range 3 east, Willamette Meridian, and in section 6 and section 7, township 32 south, range 4 east, Willamette Meridian, running thence in a general southwesterly direction through township 32 south, range 3 east, Willamette Meridian, to a junction with the Rogue River in section 32, township 3 east, Willamette Meridian, together with the tributaries of said Barr Creek.

�� (2) Subsection (1) of this section shall not prevent the appropriation of the waters of Mill Creek, in Jackson County, for the development of hydroelectric power not to exceed one megawatt if:

�� (a) The hydroelectric project is located on Mill Creek at a point at least two miles above the confluence of Mill Creek and the Rogue River;

�� (b) All water appropriated from the stream is returned to the stream at a point at least one-half mile above the confluence of Mill Creek and the Rogue River; and

�� (c) The facility will be constructed and operated in compliance with recommendations by the State Department of Fish and Wildlife concerning fish conservation, including streamflow requirements based upon biological criteria. [Amended by 1959 c.104 �1; 1983 c.650 �1]

�� 538.230 Vested water rights not affected; condemnation for park not prevented. ORS 538.220 shall not affect vested water rights or prevent condemnation for public park purposes of lands through which Mill and Barr Creeks or their tributaries flow.

�� 538.240 [Repealed by 1963 c.95 �1]

�� 538.250 [Repealed by 1953 c.222 �3]

�� 538.251 Tributaries of Columbia River; limitations on appropriation or diversion. Except as otherwise provided in this section, the following waters, all being tributaries of the Columbia River, are withdrawn from appropriation and shall not be diverted or interrupted for any purpose, except for protecting fish life therein by the State Fish and Wildlife Commission:

�� (1) Clatskanie River and its tributaries, except Fall Creek in Columbia County, for purposes of hydroelectric generation if the facility is constructed and operated in compliance with recommendations by the State Department of Fish and Wildlife concerning fish conservation, including streamflow requirements based upon biological criteria.

�� (2) Klaskanine River and its tributaries in Clatsop County except an unnamed tributary of the South Fork Klaskanine River in Clatsop County, on which there is located an existing fish culture project, for purposes of hydroelectric generation if the facility is less than 100 horsepower and the electricity generated is for use in conjunction with the existing fish culture project.

�� (3) Lewis and Clark River in Clatsop County.

�� (4) Sandy River and its tributaries in Multnomah and Clackamas Counties, except:

�� (a) Beaver Creek and its tributaries.

�� (b) Buck Creek and its tributaries.

�� (c) The tributary of the Sandy River in Multnomah County which empties into the Sandy River near the north quarter corner, section 10, township 1 south, range 4 east, Willamette Meridian, and its tributaries, and is locally known as Big Creek.

�� (d) All tributaries, but not the main channel, of the Sandy River are open for appropriation and storage from December 1 to June 1 of each year. Water stored during this period may be used at any time.

�� (e) Trout Creek in Multnomah County and its tributaries.

�� (5) Scappoose Creek in Columbia County.

�� (6) Tillasqua Creek in Clatsop County. [1953 c.222 �2; 1961 c.366 �1; 1971 c.139 �1; 1983 c.807 �4; 1987 c.392 �1]

�� 538.260 Existing rights not affected; appropriation and use for certain purposes permitted. ORS

ORS 538.251

538.251 shall not affect any existing rights to appropriate or use water, or any renewals or extensions thereof, or prevent appropriation and use of such water for domestic, stock, municipal, fish culture, aesthetic, recreational, or public park purposes. [Amended by 1971 c.139 �2]

�� 538.270 Rogue River; withdrawal from appropriation; excepted water uses; tributaries. Subject to water rights existing on May 26, 1967, the waters flowing in the main channel of the Rogue River from its intersection with the south line of section 27, township 33 south, range 1 east of the Willamette Meridian in Jackson County, to its confluence with the Pacific Ocean, are withdrawn from appropriation; except that this section shall not prevent the appropriation and use of such waters for domestic, stock, irrigation, municipal, fish, wildlife, recreation and road maintenance purposes, nor prevent the appropriation, diversion and use of the waters of any stream tributary to the river. [Amended by 1959 c.205 �1; 1967 c.310 �1; 1989 c.291 �1]

�� 538.280 McNulty Creek; withdrawal from appropriation; exceptions. The waters of McNulty Creek, a tributary of Scappoose Bay, in Columbia County, are withdrawn from appropriation except for storage during the period beginning November 1 and ending on March 31 of each year in reservoirs not constructed in the channel of McNulty Creek below a line one mile west of the range line between ranges 1 and 2 west, Willamette Meridian. [Amended by 1955 c.82 �1]

�� 538.290 McNulty Creek; existing rights not affected. ORS 538.280 shall not affect any existing rights to the waters of McNulty Creek that have been acquired or are in the process of being acquired under the water laws of this state. [Amended by 1955 c.82 �2]

�� 538.300 Milton Creek and tributaries; withdrawal from appropriation; exception; existing rights. The unappropriated waters of Milton Creek and its tributaries, in Columbia County, are withdrawn from appropriation except for domestic use through the year and storage during the period beginning November 1 and ending April 30 of each year. Nothing contained in this section shall impair the existing rights of any person to the use of such waters.

MUNICIPAL WATER SUPPLY

�� 538.410 Confirmation of water rights acquired prior to February 24, 1909, for municipal supply; rejection of applications injurious to municipal supply; statements of supply. All rights to the waters of the lakes, rivers and streams of this state acquired before February 24, 1909, for the purposes of municipal water supply are confirmed, and no rights acquired under the Water Rights Act (as defined in ORS 537.010) shall impair the rights of any municipal corporation to waters taken before February 24, 1909. The Water Resources Commission shall reject, or grant subject to municipal use, all applications where, in the commission�s judgment, the appropriation of the waters applied for impairs a municipal water supply. Municipal corporations of the state, on request of the Water Resources Commission, shall furnish a statement of the amount and source of the municipal water supply, with probable increase or extension of the same. [Amended by 1985 c.673 �79]

�� 538.420 Portland�s right to waters of Bull Run and Little Sandy Rivers; vested rights not impaired; applicability of law. (1) Exclusive right to the use of waters of Bull Run and Little Sandy Rivers is granted to the City of Portland. However, the Water Rights Act (as defined in ORS 537.010) shall not impair the rights of any person who, on February 24, 1909, had any vested right to or valid appropriation or bona fide notice of appropriation of the waters of either Bull Run River or Little Sandy River, under laws theretofore in effect or under any valid contract or deed of conveyance theretofore made with or by the City of Portland.

�� (2) ORS 541.010 to 541.080 shall not apply to Bull Run Creek or River.

�� 538.430 Medford and Eagle Point Irrigation District; right to waters of Big Butte Creek; generation, sale and distribution of electric energy by irrigation district. (1) Subject to water rights existing on May 29, 1925, the City of Medford, in Jackson County, is granted the exclusive right to use for municipal purposes all the waters of Big Butte Creek, a tributary of Rogue River situated in Jackson County, and of the springs at the head which form the creek, and of its tributaries. The City of Medford, any of its officers, and others on its behalf may appropriate all the waters for these purposes and an application therefor may be made for the benefit of the city, either by it in its own name, or by any of its officers or by any other person on its behalf. No person shall appropriate or be granted a permit to use any of the waters except as provided in this section, and for the use and benefit of the city. But the City of Medford may, under this grant, divert such waters from their watershed and convey them to the city and elsewhere for use by it for municipal purposes, either within or without the city limits. All of such waters are withdrawn from future appropriation, except for such use and benefit of the City of Medford; provided however, that the Eagle Point Irrigation District may establish and use an additional point of diversion below the diversion point in use on April 1, 1953, under its permit number 6396 which authorizes the appropriation of not to exceed 100 cubic feet per second.

�� (2) Subject to rights existing on July 21, 1953, to the use of the waters of Big Butte Creek, and of the springs at the head which form the creek, and of its tributaries, including the rights granted in subsection (1) of this section to the City of Medford to the use of such waters and the right of future appropriation of such waters, the Eagle Point Irrigation District is granted the right to appropriate and use up to and including 100 cubic feet per second of the waters of Big Butte Creek, using the diversion site of the Eagle Point Irrigation District existing on April 1, 1953, for the purpose of generating electric energy; provided, however, that not less than 10 cubic feet per second of said waters shall be permitted to pass said diversion point and remain in the channel of said stream at all times other than times when said waters are diverted for irrigation purposes. The Eagle Point Irrigation District may:

�� (a) Enter into such contracts and perform such other acts as it deems necessary or desirable for the generation of electric energy and the construction and maintenance of facilities for the generation of electric energy.

�� (b) Enter into such arrangements as it deems proper for the use, sale or distribution of the electric energy which is generated.

�� (3) In performing any of the acts under subsection (2) of this section, the Eagle Point Irrigation District shall not be deemed a public utility as defined in ORS

ORS 539.140

539.140. [1955 c.670 �4; 1979 c.67 �6; 1985 c.673 �99]

�� 540.660 Affidavit of watermaster that circumstances prevent use of water right in accordance with terms of certificate; procedures for cancellation of right. (1) If a watermaster has reason to believe that circumstances exist that prevent a water right from being exercised according to the terms and conditions of the water right certificate issued under ORS 537.250 or 539.140, such as the land to which the water right is appurtenant is covered by an impermeable surface, or the diversion mechanism used to appropriate water under a water right is no longer operable, the watermaster shall file an affidavit with the Water Resources Director. The affidavit shall state that to the best of the watermaster�s knowledge, there is no physical way the water may be applied to a beneficial use in accordance with the terms and conditions of the water right certificate.

�� (2) If the watermaster files an affidavit under subsection (1) of this section each year for five consecutive years, the affidavits shall constitute prima facie evidence that the water has not been applied to a beneficial use for five years and the Water Resources Commission shall initiate proceedings under ORS 540.631 to cancel the water right.

�� (3) The Water Resources Department shall provide notice of the affidavit filed with the Water Resources Director under subsection (1) of this section. The department shall provide such notice in the following manner:

�� (a) If there are 25 or fewer record owners of the land, the department shall mail a copy of the affidavit to each record owner.

�� (b) If there are more than 25 record owners, the department shall provide general notice by publication according to the procedures established in ORS 193.010 to 193.100.

�� (c) If the land is within the boundaries of an irrigation district, the department shall mail a copy of the affidavit to the irrigation district.

�� (4) As used in this section, �record owner� means the person shown as the owner of the land in the county deed records established under ORS chapter 93. [1987 c.339 �1]

�� 540.670 Effect of cancellation of primary water right on supplemental right; change from supplemental to primary right; priority date. (1) The cancellation of a primary water right for nonuse under ORS 540.641 shall not also cancel a supplemental water right unless the supplemental water right also has not been used beneficially for five or more years.

�� (2) If the Water Resources Commission cancels a primary water right under ORS 540.641 the commission may issue a new water right certificate changing the supplemental water right to a primary right if the commission finds that the change would not result in injury to existing water rights.

�� (3) A supplemental right changed to a primary right under subsection (2) of this section shall retain the priority date of the supplemental right. [1987 c.339 �2]

PROHIBITED ACTS; INJUNCTIONS

�� 540.710 Interference with headgate, or use of water denied by watermaster or other authority; evidence of guilt. No person shall willfully open, close, change or interfere with any lawfully established headgate or water box without authority, or willfully use water or conduct water into or through the ditch of the person which has been lawfully denied the person by the watermaster or other competent authority. The possession or use of water when the same shall have been lawfully denied by the watermaster or other competent authority shall be prima facie evidence of the guilt of the person using it.

�� 540.720 Unauthorized use or waste of water; evidence of guilt of user. No person shall use without authorization water to which another person is entitled, or willfully waste water to the detriment of another. The possession or use of such water without legal right shall be prima facie evidence of the guilt of the person using it.

�� 540.730 Obstruction interfering with access to or use of works. Whenever any appropriator of water has the lawful right of way for the storage, diversion, or carriage of water, no person shall place or maintain any obstruction that shall interfere with the use of the works, or prevent convenient access thereto.

�� 540.740 Injunctive relief against action of watermaster. Any person who may be injured by the action of any watermaster may appeal to the circuit court for an injunction. The injunction shall only be issued in case it can be shown at the hearing that the watermaster has failed to carry into effect the order of the Water Resources Commission or decrees of the court determining the existing rights to the use of water. [Amended by 1985 c.673 �100]

�� 540.750 Injunction suits; notice; hearing. In suits for injunction affecting the use of water from streams upon which the rights to water have been determined, no restraining order shall be granted before hearing had after at least three days� notice thereof, served upon all parties defendant. All suits for injunction involving the use of water shall be heard, either in term time or during vacation, not later than 15 days after issues joined, unless for good cause shown further time be allowed.

PENALTIES

�� 540.990 Criminal penalties. (1) Violation of any provision of ORS 540.440 is a Class C misdemeanor.

�� (2) Violation of any provision of ORS 540.570 (5), 540.710, 540.720 or 540.730 is a Class B misdemeanor.

�� (3) Failure to comply with a final order issued under ORS 540.461 (4), or with an order issued by an appellate court on appeal from a final order under ORS 540.461 (4), is a Class B misdemeanor. [Amended by 2001 c.788 ��7,13; 2003 c.14 ��344,345; 2003 c.705 ��19,21; 2011 c.597 �226; 2019 c.390 �24]

�� 540.995 Civil penalties. (1) The Water Resources Director may impose a civil penalty of not more than $2,000 per occurrence for a violation of ORS 540.449, 540.452 or 540.482.

�� (2) The Water Resources Director may impose a civil penalty, not to exceed $500, by order as provided under ORS 540.467. If a violation of an order under ORS 540.467 is a continuing condition, each month that the condition continues is a separate violation subject to imposition of a civil penalty.

�� (3) Moneys recovered from civil penalties imposed under this section shall be deposited in the State Treasury and credited to an account of the Water Resources Department. Moneys described in this section are continuously appropriated to the department for the administration and enforcement of ORS 540.443 to

ORS 539.230

539.230 and 539.240; and

�� (b) Determine claims filed or registered under ORS 539.230 and 539.240.

�� (5) No registration statement or statement and proof of claim shall be accepted for filing unless the registration statement or claim is accompanied by the fee in the amount set forth in this section. If the federal government is determined to be immune from the payment of such fees, the director may elect to accept a federal claim for filing without the accompanying fees. [1987 c.541 �7 (enacted in lieu of 539.080); 1989 c.691 �8; 1993 c.157 �3; 1993 c.535 �1; 2013 c.644 ��11,12; 2017 c.571 ��9,10; 2021 c.515 �5; 2025 c.570 �5]

�� 539.090 Notice of right to inspect evidence, and of place of court hearing. Upon the completion of the taking of testimony by the Water Resources Director, the director shall at once give notice by registered mail or by certified mail with return receipt to the various claimants and to any party who has notified the director that the party wishes to contest the claims of others, that all of the evidence will be open to inspection of the various claimants or owners. The notice shall specify the times when and the places where the evidence will be open to inspection, and the director shall keep the evidence open for inspection at the specified times and places. The earliest time for inspection shall be at least 10 days after mailing the notice; and, in the aggregate, the hours during which the director is to keep the evidence open to inspection shall at least equal 80 hours, counting only the hours between 8 a.m. and 5 p.m. during any day of the week except Sunday. The director shall also state in the notice the county in which the determination will be heard by the circuit court; provided, that the cause shall be heard in the county in which the stream or some part thereof is situated. [Amended by 1955 c.191 �1; 1989 c.691 �9; 1991 c.249 �46]

�� 539.100 Contest of claims submitted to director; notice by contestant; service on contestee. Any person owning any irrigation works, or claiming any interest in the stream involved in the determination shall be a party to, and bound by, the adjudication. Any party who desires to contest any of the rights of the persons who have submitted their evidence to the Water Resources Director as provided in ORS 539.021 to 539.090 shall, within 15 days after the expiration of the period fixed in the notice for public inspection, or within such extension of the period, not exceeding 20 days, as the director may allow, notify the director in writing, stating with reasonable certainty the grounds of the proposed contest, which statement shall be verified by the affidavit of the contestant, the agent or attorney of the contestant. A party not claiming an undetermined vested right under this chapter or not contesting the claim of another need not participate further in the proceeding, nor be served with further notices or documents regarding the adjudication. Upon the filing of a statement of contest, service thereof shall be made by the contestant upon the contestee by mailing a copy by registered mail or by certified mail, return receipt requested, addressed to the contestee or to the authorized agent or attorney of the contestee at the post-office address of the contestee as stated in the statement and proof of claim of the contestee. Proof of service shall be made and filed with the Water Resources Department by the contestant as soon as possible after serving the copy of statement of contest. [Amended by 1989 c.691 �10; 1991 c.102 �5; 1991 c.249 �47]

�� 539.110 Hearing of contest; notice of; procedure. The Water Resources Director shall fix the time and a convenient place for hearing the contest, and shall notify the contestant and the person whose rights are contested to appear before the director or the authorized assistant of the director at the designated time and place. The date of hearing shall not be less than 30 nor more than 60 days from the date the notice is served on the parties. The notice may be served personally or by registered or certified mail, return receipt requested, addressed to the parties at their post-office addresses as stated in the statement and proof of claimant. The director may adjourn the hearing from time to time upon reasonable notice to all the parties interested; may issue subpoenas and compel the attendance of witnesses to testify, which subpoenas shall be served in the same manner as subpoenas issued out of the circuit court; may compel the witnesses so subpoenaed to testify and give evidence in the matter; and may order the taking of depositions and issue commissions therefor in the same manner as depositions are taken in the circuit court. The witnesses shall receive fees as provided in ORS 44.415 (2), the costs to be taxed in the same manner as are costs in suits in equity. The evidence in the proceedings shall be confined to the subjects enumerated in the notice of contest. The burden of establishing the claim shall be upon the claimant whose claim is contested. The evidence may be taken by a duly appointed reporter. [Amended by 1989 c.980 �14d; 1991 c.249 �48]

�� 539.120 Examination by director of stream and diversions in contest; record; map. The Water Resources Director, or a qualified assistant, shall proceed at the time specified in the notice to the parties on the stream given as provided in ORS 539.030, to make an examination of the stream and the works diverting water therefrom used in connection with water rights subject to this chapter, for which a registration statement has been filed as provided in ORS 539.240. The examination shall include the measurement of the discharge of the stream and of the capacity of the various diversion and distribution works, and an examination and approximate measurement of the lands irrigated from the various diversion and distribution works. The director shall take such other steps and gather such other data and information as may be essential to the proper understanding of the relative rights of the parties interested. The observations and measurements shall be made a matter of record in the Water Resources Department. The department shall make or have made a map or plat on a scale of not less than one inch to the mile, showing with substantial accuracy the course of the stream, the location of each diversion point and each ditch, canal, pipeline or other means of conveying the water to the place of use, and the location of lands irrigated, or in connection with which the water is otherwise used, within each legal subdivision. [Amended by 1955 c.669 �4; 1989 c.691 �11; 1991 c.102 �6]

�� 539.130 Findings of fact and determination of director; certification of proceedings; filing in court; fixing time for hearing by court; notice; force of director�s determination. (1) As soon as practicable after the compilation of the data the Water Resources Director shall make and cause to be entered of record in the Water Resources Department findings of fact and an order of determination determining and establishing the several rights to the waters of the stream. The original evidence gathered by the director, and certified copies of the observations and measurements and maps of record, in connection with the determination, as provided for by ORS 539.120, together with a copy of the order of determination and findings of fact of the director as they appear of record in the Water Resources Department, shall be certified to by the director and filed with the clerk of the circuit court wherein the determination is to be heard. A certified copy of the order of determination and findings shall be filed with the county clerk of every other county in which the stream or any portion of a tributary is situated.

�� (2) Upon the filing of the evidence and order with the court the director shall procure an order from the court, or any judge thereof, fixing the time at which the determination shall be heard in the court, which hearing shall be at least 40 days subsequent to the date of the order. The clerk of the court shall, upon the making of the order, forthwith forward a certified copy to the department by registered mail or by certified mail with return receipt.

�� (3) The department shall immediately upon receipt thereof notify by registered mail or by certified mail with return receipt each claimant or owner who has appeared in the proceeding of the time and place for hearing. Service of the notice shall be deemed complete upon depositing it in the post office as registered or certified mail, addressed to the claimant or owner at the post-office address of the claimant or owner, as set forth in the proof of the claimant or owner theretofore filed in the proceeding. Proof of service shall be made and filed with the circuit court by the department as soon as possible after mailing the notices.

�� (4) The determination of the department shall be in full force and effect from the date of its entry in the records of the department, unless and until its operation shall be stayed by a stay bond as provided by ORS 539.180. [Amended by 1991 c.102 �7; 1991 c.249 �49]

�� 539.140 Water right certificates. Upon the final determination of the rights to the waters of any stream, the Water Resources Department shall issue to each person represented in the determination a certificate setting forth the name and post-office address of the owner of the right; the priority of the date, extent and purpose of the right, and if the water is for irrigation purposes, a description of the legal subdivisions of land to which the water is appurtenant. The original certificate shall be mailed to the owner and a record of the certificate maintained in the Water Resources Department. [Amended by 1971 c.621 �38; 1975 c.607 �41; 1979 c.67 �4; 1991 c.102 �8]

�� 539.150 Court proceedings to review determination of director. (1) From and after the filing of the evidence and order of determination in the circuit court, the proceedings shall be like those in an action not triable by right to a jury, except that any proceedings, including the entry of a judgment, may be had in vacation with the same force and effect as in term time. At any time prior to the hearing provided for in ORS 539.130, any party or parties jointly interested may file exceptions in writing to the findings and order of determination, or any part thereof, which exceptions shall state with reasonable certainty the grounds and shall specify the particular paragraphs or parts of the findings and order excepted to.

�� (2) A copy of the exceptions, verified by the exceptor or certified to by the attorney for the exceptor, shall be served upon each claimant who was an adverse party to any contest wherein the exceptor was a party in the proceedings, prior to the hearing. Service shall be made by the exceptor or the attorney for the exceptor upon each such adverse party in person, or upon the attorney if the adverse party has appeared by attorney, or upon the agent of the adverse party. If the adverse party is a nonresident of the county or state, the service may be made by mailing a copy to that party by registered mail or by certified mail with return receipt, addressed to the place of residence of that party, as set forth in the proof filed in the proceedings.

�� (3) If no exceptions are filed the court shall, on the day set for the hearing, enter a judgment affirming the determination of the Water Resources Director. If exceptions are filed, upon the day set for the hearing the court shall fix a time, not less than 30 days thereafter, unless for good cause shown the time be extended by the court, when a hearing will be had upon the exceptions. All parties may be heard upon the consideration of the exceptions, and the director may appear on behalf of the state, either in person or by the Attorney General. The court may, if necessary, remand the case for further testimony, to be taken by the director or by a referee appointed by the court for that purpose. Upon completion of the testimony and its report to the director, the director may be required to make a further determination.

�� (4) After final hearing the court shall enter a judgment affirming or modifying the order of the director as the court considers proper, and may assess such costs as it may consider just except that a judgment for costs may not be rendered against the United States. An appeal may be taken to the Court of Appeals from the judgment in the same manner and with the same effect as in other cases in equity, except that notice of appeal must be served and filed within 60 days from the entry of the judgment. [Amended by 1979 c.284 �165; 1989 c.691 �12; 1991 c.249 �50]

�� 539.160 Transmittal of copy of decree to department; instructions to watermasters. The clerk of the circuit court, upon the entry of any decree by the circuit court or judge thereof, as provided by ORS 539.150, shall transmit a certified copy of the decree to the Water Resources Department where a record of the decree shall be maintained. The Water Resources Director shall issue to the watermasters instructions in compliance with the decree, and in execution thereof. [Amended by 1991 c.102 �9]

�� 539.170 Division of water pending hearing. While the hearing of the order of the Water Resources Director is pending in the circuit court, and until a certified copy of the judgment, order or decree of the court is transmitted to the director, the division of water from the stream involved in the appeal shall be made in accordance with the order of the director.

�� Note: Sections 1 and 2, chapter 445, Oregon Laws 2015, provide:

�� Sec. 1. Leasing or temporary transfer of determined claim. (1) As used in this section, �determined claim� means a water right in the Upper Klamath Basin determined and established in an order of determination certified by the Water Resources Director under ORS 539.130.

�� (2) Except as provided in subsections (3) and (4) of this section, during the period that judicial review of the order of determination is pending, a determined claim is:

�� (a) An existing water right that may be leased for a term as provided under ORS 537.348; and

�� (b) A primary water right that is subject to temporary transfer for purposes of ORS 540.523.

�� (3) Subsection (2) of this section:

�� (a) Does not apply to a water right determined and established in an order of determination that has been stayed by the filing of a bond or irrevocable letter of credit under ORS 539.180;

�� (b) Does not apply to a water right transfer that includes changing the point of diversion upstream; and

�� (c) Does not allow a person to purchase, lease or accept a gift of a determined claim for conversion to an in-stream water right as described in ORS 537.348 (1).

�� (4) For purposes of determining under ORS 537.348 (5) or 540.523 (2) whether the Water Resources Department may approve a lease or temporary transfer of a determined claim, an injury to another determined claim is an injury to an existing water right. Notwithstanding ORS 537.348 (6) or 540.523 (5), the department shall deny, modify or revoke the lease or temporary transfer of a determined claim if the department determines that the lease or temporary transfer has resulted in, or is likely to result in:

�� (a) Injury to another determined claim or other existing water right; or

�� (b) Enlargement of the determined claim.

�� (5) The department shall revoke the lease or temporary transfer of a determined claim if a court judgment stays the determined claim.

�� (6) If a determined claim is removed from land by lease or temporary transfer, the land from which the determined claim is removed may not receive water during the term of the lease or temporary transfer. [2015 c.445 �1]

�� Sec. 2. (1) Section 1, chapter 445, Oregon Laws 2015, is repealed on the date on which the Klamath County Circuit Court issues a water rights decree affirming or modifying the Findings of Fact and Order of Determination for the Klamath River Basin Adjudication (Case No. WA1300001).

�� (2) Not more than 30 days after the court issues the water rights decree described in subsection (1) of this section, the Water Resources Director shall notify the committees or interim committees of the Legislative Assembly related to natural resources and the Legislative Counsel of the date on which the court issued the water rights decree.

�� (3) Notwithstanding the repeal of section 1, chapter 445, Oregon Laws 2015, by subsection (1) of this section, subject to modification or revocation under section 1, chapter 445, Oregon Laws 2015, a lease or temporary transfer of a determined claim under section 1, chapter 445, Oregon Laws 2015, for a term beginning prior to the repeal of section 1, chapter 445, Oregon Laws 2015, by subsection (1) of this section, may continue in effect for the term of the lease or temporary transfer. If a court judgment results in a modification of the determined claim, the parties may continue the lease or temporary transfer of all or part of the water right as modified for all or part of the original term of the lease or temporary transfer. [2015 c.445 �2; 2025 c.79 �1]

�� 539.180 Bond or irrevocable letter of credit to stay operation of director�s determination; notice to watermaster. At any time after the determination of the Water Resources Director has been entered of record, the operation thereof may be stayed in whole or in part by any party by filing a bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 in the circuit court wherein the determination is pending, in such amount as the judge may prescribe, conditioned that the party will pay all damages that may accrue by reason of the determination not being enforced. Upon the filing and approval of the bond or letter of credit, the clerk of the circuit court shall transmit to the Water Resources Department a certified copy of the bond or letter of credit, which shall be recorded in the department records, and the department shall give notice thereof to the watermaster of the proper district. [Amended by 1991 c.102 �10; 1991 c.331 �79; 1997 c.631 �486]

�� 539.190 Rehearing by circuit court. Within six months from the date of the decree of the circuit court determining the rights upon any stream, or if appealed, within six months from the date of the decree of the circuit court on the decision of the Supreme Court, the Water Resources Director or any party interested may apply to the circuit court for a rehearing upon grounds to be stated in the application. If in the discretion of the court the application states good grounds for the rehearing, the circuit court or judge shall make an order fixing a time and place when the application shall be heard. The clerk of the circuit court shall, at the expense of the petitioner, forthwith mail written notice of the application to the director and to every party interested, and state in the notice the time and place when the application will be heard. [Amended by 1981 c.178 �15]

�� 539.200 Conclusiveness of determinations as to water rights. The determinations of the Water Resources Director, as confirmed or modified as provided by this chapter in proceedings, shall be conclusive as to all prior rights and the rights of all existing claimants upon the stream or other body of water lawfully embraced in the determination.

�� 539.210 Duty of claimants to appear and submit proof; nonappearance as forfeiture; intervention in proceedings. Whenever proceedings are instituted for determination of rights to the use of any water, it shall be the duty of all claimants interested therein to appear and submit proof of their respective claims, at the time and in the manner required by law. Any claimant who fails to appear in the proceedings and submit proof of the claims of the claimant shall be barred and estopped from subsequently asserting any rights theretofore acquired upon the stream or other body of water embraced in the proceedings, and shall be held to have forfeited all rights to the use of the water theretofore claimed by the claimant. Any person interested in the water of any stream upon whom no service of notice has been had of the pendency of proceedings for determination of the rights to the use of water of the stream, and who has had no actual knowledge or notice of the pendency of the proceedings may, at any time prior to the expiration of one year after entry of the determination of the Water Resources Director, file a petition to intervene in the proceedings. The petition shall contain, among other things, all matters required by this chapter of claimants who have been duly served with notice of the proceedings, and also a statement that the intervenor had no actual knowledge or notice of the pendency of the proceedings. Upon the filing of the petition in intervention, the petitioner shall be allowed to intervene upon such terms as may be equitable and thereafter shall have all rights vouchsafed by this chapter to claimants who have been duly served.

�� 539.220 Procedure when rights to same stream have been determined in different proceedings. Whenever the rights to the waters of any stream have been determined as provided in this chapter and it appears by the records of such determination that it had not been at one and the same proceeding, then the Water Resources Director may open to public inspection all proofs or evidence of rights to the water, and the findings of the director in relation thereto, in the manner provided in ORS 539.090. Any person who then desires to contest the claims or rights of other persons, as set forth in the proofs or established by the director, shall proceed in the manner provided for in ORS 539.100 and 539.110; provided, that contests may not be entered into and shall not be maintained except between claimants who were not parties to the same adjudication proceedings in the original hearings.

�� 539.230 Notice of need to file registration statement; publication requirements; additional methods of providing notice. (1) In order to preserve information relating to claims to undetermined vested rights as described in ORS 539.010 and federal reserved rights, the Water Resources Director shall prepare a general notice stating the need for any person, corporation or governmental agency claiming an undetermined vested right, federal reserved right or a right derived from such rights to file a registration statement as required under ORS 539.240. The notice shall outline the process for obtaining a blank registration statement and shall describe the rights that may be claimed under this chapter.

�� (2) The notice required under subsection (1) of this section shall be published at least two times in one or more newspapers having general circulation in each county in which streams with potentially vested rights or reserved rights that have not been adjudicated under this chapter are located.

�� (3) In addition to the notice described under subsection (2) of this section, in any rural county in which there is not a newspaper having general circulation, the director shall use additional methods of providing notice of the requirement to file a registration statement. These methods may include but need not be limited to holding public meetings, inserting announcements in trade or organization newsletters, public service announcements on local radio stations and informing the county extension agent of the requirement. [1987 c.541 �4; 1989 c.691 �13; 1991 c.67 �154]

�� 539.240 Claim to undetermined right to appropriate surface water; registration statement; contents; effect of failure to file; recognizing changes to right; rules. (1) Any person, corporation or governmental agency claiming an undetermined vested right, federal reserved right or right derived from such rights to appropriate surface water under ORS

ORS 539.240

539.240 or, if a registration statement is not filed, when a statement and proof of claim is filed pursuant to notice by the Water Resources Director under ORS 539.030, the owner or registrant shall pay a fee as follows:

�� (a) If for irrigation use, $4.10 for each acre of irrigated lands up to 100 acres and $2.10 for each acre in excess of 100 acres. The minimum fee for any owner or registrant for irrigation use shall be $210.

�� (b) If for power use, $4.10 for each theoretical horsepower up to 100 horsepower, $1.70 for each horsepower in excess of 100 up to 500 horsepower, $1.10 for each horsepower in excess of 500 horsepower up to 1,000 horsepower and 80 cents for each horsepower in excess of 1,000 horsepower, as set forth in the proof. The minimum fee for any owner or registrant for power use shall be $615.

�� (c) If for mining or any other use, $1,020 for the first second-foot or fraction of the first second-foot and $210 for each additional second-foot.

�� (2) The fees under subsection (1) of this section shall not apply to any federally recognized Indian tribe, or to the United States acting as trustee for such a tribe, claiming, under ORS 539.010, an undetermined vested right to the use of surface water for any nonconsumptive and nondiverted in-stream use to satisfy tribal hunting, fishing or gathering rights.

�� (3) If the registration statement shows that the water right was initiated by making application for a permit under the provisions of ORS chapter 537, the owner or registrant shall be given credit for the money paid as examination and recording fees. A credit under this subsection shall be allowed only if the application under ORS chapter 537 was for a permit to appropriate water to be applied to the same parcel of land or for the same use as set forth in the registration statement.

�� (4) All fees paid under this section shall be deposited into the General Fund of the State Treasury and credited to an account of the Water Resources Department. The fees shall be used to pay for the expenses of the department to:

�� (a) Register claims to undetermined vested rights or federal reserved rights under ORS

ORS 540.100

540.100 to 540.130 and 540.220 shall be paid to the Water Resources Director and deposited by the director in a revolving fund to be disbursed for the purpose for which it was collected. [1961 c.636 �9; 1985 c.421 �12; 1993 c.18 �128]

�� 540.140 Insufficiency of water; preference of uses. When the waters of any natural stream are not sufficient for the service of all those desiring the use of the same, those using the water for domestic purposes shall, subject to such limitations as may be prescribed by law, have the preference over those claiming such water for any other purpose, and those using the water for agricultural purposes shall have the preference over those using the same for manufacturing purposes.

�� 540.145 Distribution of water; rules; applicability. The Water Resources Commission may adopt rules to secure the equal and fair distribution of water in accordance with the rights of the various users. The rules shall apply to all water rights that have been established:

�� (1) By court decree;

�� (2) Under an order of the commission or the Water Resources Director in proceedings for the determination of relative rights to the use of water; or

�� (3) Through permits to appropriate water or certificates of water rights issued by the commission. [1985 c.673 �81]

�� 540.150 Rotation in water use; notice. To bring about a more economical use of the available water supply, water users owning lands to which are attached water rights may rotate in the use of the supply to which they may be collectively entitled. Whenever two or more water users notify the watermaster that they desire to use the water by rotation, and present a written agreement as to the manner of rotation, the watermaster shall distribute the water in accordance with the written agreement.

�� 540.155 Periodic review and report regarding department program for Deschutes Basin ground water study area. (1) As used in this section, �Deschutes Basin ground water study area� has the meaning given that term in ORS 540.531.

�� (2) The Water Resources Department shall periodically review the department program for the Deschutes Basin ground water study area. The review shall include, but need not be limited to, the identification of regulatory and statutory changes that may improve the program in order to address and mitigate injury to existing water rights and spring systems and to offset measurable reductions of scenic waterway flows.

�� (3) The department shall report to the Legislative Assembly every five years on outcomes of the department program for the Deschutes Basin ground water study area. The report shall include, but need not be limited to, program impacts on other users of the Deschutes River Basin, the potential timing of mitigation, identification of zones of impact, a review of impacts on the headwaters of the Metolius River and other key reaches of the Metolius River system, the potential timing of federal, state and local storage improvements and other issues identified by stakeholders. [2011 c.694 �2]

�� Note: 540.155 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 540 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

DISTRIBUTION OF WATER FROM IRRIGATION DITCHES AND RESERVOIRS

�� 540.210 Distribution from ditch or reservoir. (1) Whenever any water users from any ditch or reservoir, either among themselves or with the owner thereof, are unable to agree relative to the distribution or division of water through or from the ditch or reservoir, either the owner or any such water user may apply to the watermaster of the district in which the ditch or reservoir is located, by written notice, setting forth such facts, and asking the watermaster to take charge of the ditch or reservoir for the purpose of making a just division or distribution of water from it to the parties entitled to the use thereof.

�� (2) The watermaster shall then take exclusive charge of the ditch or reservoir, for the purpose of dividing or distributing the water therefrom in accordance with the respective and relative rights of the various users of water from the ditch or reservoir, and shall continue the work until the necessity therefor shall cease to exist.

�� (3) The distribution and division of water shall be made according to the relative and respective rights of the various users from the ditch or reservoir, as determined by the Water Resources Director, by decree of the circuit court, or by written contract between all of the users filed with the watermaster.

�� (4) The circuit court having jurisdiction may request the watermaster of the district to take charge of any such ditch or reservoir, and to enforce any decree respecting such ditch or reservoir made under the jurisdiction of the court.

�� 540.220 Payment of assistant watermaster. (1) A watermaster may appoint an assistant to take charge of the ditch, pipeline or reservoir involved in a distribution or division of water under ORS

ORS 540.210

540.210. The assistant watermaster shall be paid by the water users from the ditch, pipeline or reservoir for the cost of the distribution. The Water Resources Commission may require the water users to pay in advance the estimated compensation and expenses of the assistant involved in the distribution or division of the water.

�� (2) In the case of partnership ditches, pipelines or mutual irrigation corporations organized for the benefit of the members or stockholders, the expense of the assistant shall be paid by the water users in proportion to the area of land for which each water user is entitled to the use of water from the ditch, pipeline or reservoir, so that each shall pay the same rate per acre.

�� (3) In the case of ditches, pipelines and reservoirs constructed and operated for sale or rental of water, the wages and expense of the assistant shall be paid by the owner of the ditch, pipeline or reservoir, unless otherwise provided in written contracts with water users using water from the ditches, pipelines and reservoirs involved in the distribution or division of water. [Amended by 1957 c.546 �7; 1961 c.636 �6; 1979 c.18 �4; 1985 c.421 �13; 1985 c.673 �83]

�� 540.230 Distribution of waste or seepage water; payment. Whenever a watermaster is called upon, in accordance with the provisions of ORS 540.210, to distribute the waters of any ditch containing or carrying waste or seepage water, the holder of the right to the use of such waste or seepage water shall pay the total cost of the installation of measuring devices for the measurement of the waste or seepage water and the total expense of measuring and distributing it.

�� 540.240 Lien for wages and expense; property subject to lien; monthly payment. In the case of a partnership ditch, pipeline or reservoir, or a ditch, pipeline or reservoir owned in common or by a mutual irrigation company incorporated under the laws of this state, the wages of the assistant watermaster and expenses incurred by the assistant in making the distribution provided for by ORS 540.210 to 540.240, and the necessary and proper expense of installation and maintenance of measuring devices and headgates to provide for the just distribution of water among the several users in accordance with their respective and relative rights, shall be a lien upon the ditch, pipeline or reservoir. The lien shall attach to each tract of land entitled to the use of water for irrigation from the ditch, pipeline or reservoir, and upon the crops produced upon the lands during the irrigation season for which the distribution is made. If a ditch, pipeline or reservoir is owned or operated by a person engaged in the business of selling or renting water from the ditch, pipeline or reservoir, the wages and expense shall be a lien upon the ditch, pipeline or reservoir. The wages and expense shall be paid monthly by the water users, the mutual irrigation company, or the person engaged in the business of selling or renting water from a ditch, pipeline or reservoir. [Amended by 1985 c.421 �14]

�� 540.250 Lien, notice of intent to claim; foreclosure; attorney fees. (1) If not paid, the lien under ORS 540.240 may be made effective by the assistant filing a notice in writing of intention to claim a lien for the assistant�s wages and expense with the county clerk of the county in which the ditch, pipeline or reservoir and lands are situated.

�� (2) The notice filed under subsection (1) of this section shall:

�� (a) Be verified and subscribed by the watermaster or assistant;

�� (b) Specify the particular items of wages and expense for which the lien is claimed;

�� (c) Describe the lands of each water user upon which the lien is claimed; and

�� (d) Set forth the name of the ditch, pipeline or reservoir and the name of the owner or reputed owner of the lands and ditch, pipeline or reservoir against which the lien is claimed.

�� (3) The lien shall be filed within 60 days from the completion of distribution. Suit to foreclose the lien shall be brought in the circuit court of the county in which all or part of the lands, ditch, pipeline or reservoir, or any part, are situated, within six months from the date of filing the notice.

�� (4) The lien shall be foreclosed in the manner provided by law for the foreclosure of liens against real property. The court may award reasonable attorney fees to the prevailing party in an action to foreclose a lien under this section. [Amended by 1981 c.897 �59; 1985 c.421 �15; 1995 c.618 �81]

�� 540.260 Lien for wages and expense; enforcement; remedy not exclusive. (1) One or more of the water users from any partnership or mutual irrigation company ditch or pipeline may pay the wages and expense of the assistant watermaster and, as against any other user failing to contribute the user�s share or proportion of the wages and expense, shall be entitled to a lien upon the lands of the delinquent user entitled to the use of water from the ditch, pipeline and reservoir and upon the share or interest of the owner in the ditch, pipeline or reservoir, for the user�s just share or proportion.

�� (2) The lien shall be made effective by filing a similar notice to that prescribed under ORS

ORS 540.250

540.250 within 60 days from the date of payment of the wages and expense, with the county clerk. It may be enforced and foreclosed, and the same procedure, including the allowance of reasonable attorney fees, shall be followed in the foreclosure as in the case of a lien claimed and foreclosed by the watermaster under ORS 540.250. The lien shall not be considered an exclusive remedy. [Amended by 1985 c.421 �16]

�� 540.270 Distribution from irrigation districts and improvement companies; applicability of ORS 540.210 to 540.260. Nothing contained in ORS 540.210 to 540.260 shall be applicable to the distribution of water from the irrigation systems or works of irrigation districts or district improvement companies unless requested by the district. Distribution of water from such irrigation systems or works shall be under the exclusive control of the directors of the irrigation districts and district improvement companies unless the watermaster has been requested by the district to distribute the water. [Amended by 1969 c.303 �1]

HYDRAULIC WORKS AND STRUCTURES; MEASURING DEVICES; DITCH RIGHT OF WAY

�� 540.310 Ditches and canals; headgates; measuring devices; flumes along lines of ditches. (1) The owner of any ditch or canal shall maintain to the satisfaction of the Water Resources Commission a substantial headgate at the point where the water is diverted. It shall be of such construction that it can be locked and kept closed by the watermaster.

�� (2) The owner shall construct and maintain, when required by the commission, suitable measuring devices at such points along the ditch as may be necessary to assist the watermaster in determining the amount of water that is to be diverted into the ditch from the stream, or taken from it by the various users.

�� (3) When necessary for the protection of other water users, the commission may require flumes to be installed along the line of any ditch. [Amended by 1985 c.673 �84]

�� 540.320 Noncompliance with requirements; effect. If any owner of irrigation works refuses or neglects to construct and put in headgates, flumes or measuring devices, as required under ORS 540.310, after 10 days� notice, the watermaster may close the ditch, and it shall not be opened or any water diverted from the source of supply, under the penalties prescribed by law for the opening of headgates lawfully closed, until the requirements of the Water Resources Commission as to such headgates, flumes or measuring devices have been complied with. [Amended by 1985 c.673 �85]

�� 540.330 Reservoirs; measuring devices; effect of noncompliance. (1) Any owner or manager of a reservoir, located across or upon the bed of a natural stream, shall construct and maintain, when required by the Water Resources Commission, a measuring device below, and one above, the reservoir on each stream or source of supply discharging into the reservoir, to assist the watermaster in determining the amount of water to which appropriators are entitled and thereafter diverting it for their use.

�� (2) If any owner or manager of a reservoir located across the bed of a natural stream neglects or refuses to put in a measuring device after 10 days� notice by the commission, the watermaster may open the sluicegate or outlet of the reservoir, and it shall not be closed, under penalties of the law for changing or interfering with headgates, until the requirements of the commission as to such measuring devices are complied with. [Amended by 1985 c.673 �86]

�� 540.340 Reservoir and diversion dam; suitable outlet; effect of noncompliance. (1) Whenever it may be necessary for the protection of other water users, the Water Resources Commission shall require every owner or manager of a reservoir or diversion dam, located across or upon the bed of a natural stream, to construct and maintain a suitable outlet in the reservoir or diversion dam which will allow the free passage of the natural flow of the stream. The commission shall determine what constitutes a suitable outlet.

�� (2) If any owner or manager of a reservoir or diversion dam refuses or neglects to construct or put in such outlet in the reservoir or diversion dam after 10 days� notice by the commission, the commission may close the ditch carrying water from the reservoir or diversion dam and it shall not be opened or any water diverted from the reservoir or diversion dam, under the penalties prescribed by law for the opening of headgates lawfully closed, until the requirements of the commission regarding such outlet have been complied with. [Amended by 1985 c.673 �87]

�� 540.350 [Amended by 1981 c.210 �1; 1985 c.673 �88; 1991 c.249 �51; repealed by 2019 c.390 �27]

�� 540.353 [2017 c.723 �2; repealed by 2019 c.390 �27]

�� 540.355 Inspection, evaluation and assessment of hydraulic structures. (1) The Water Resources Department may inspect, evaluate and assess the condition of a levee, dike, ditch or other hydraulic structure with the permission of the owner.

�� (2) In performing the actions under subsection (1) of this section, the department may:

�� (a) Provide recommendations and technical assistance;

�� (b) Advise on necessary maintenance and repairs;

�� (c) Assist with the development of emergency action plans to ensure the safety of life, property or public infrastructure;

�� (d) Undertake activities necessary to identify the owner or operator of the hydraulic structure or the individual in immediate charge of the hydraulic structure;

�� (e) Assist with mapping the locations of hydraulic structures;

�� (f) Enter into contracts, memorandums of understanding and intergovernmental agreements;

�� (g) Accept and receive moneys from any public or private source;

�� (h) Accept and receive payment for services performed; and

�� (i) Exchange information and perform other actions as necessary to cooperate with private, local, state and federal entities.

�� (3) The department�s actions under this section shall not relieve the owners of levees, dikes, ditches or other hydraulic structures of their legal liabilities and responsibilities.

�� (4) If the department is aware of conditions that indicate the need for immediate action to prevent the failure of a hydraulic structure, the department may:

�� (a) Advise the owner or operator of the hydraulic structure or the individual in immediate charge of the hydraulic structure regarding the actions necessary to prevent the failure; and

�� (b) If the conditions create a risk to life, property or public infrastructure, notify emergency managers.

�� (5) The Water Resources Commission may adopt rules for the administration of this section. [2015 c.667 �5; 2019 c.390 �20]

�� Note: 540.355 was added to and made a part of ORS chapter 540 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 540.360 [Amended by 1975 c.581 �26a; 1981 c.210 �2; 1985 c.673 �89; repealed by 2019 c.390 �27]

�� 540.370 [Amended by 1985 c.673 �90; repealed by 2019 c.390 �27]

�� 540.380 [Amended by 1985 c.673 �91; repealed by 2019 c.390 �27]

�� 540.390 [Amended by 1985 c.673 �92; repealed by 2019 c.390 �27]

�� 540.400 [Repealed by 2019 c.390 �27]

�� 540.410 Delivery of reservoir water; notice to watermaster; adjustment of headgates; expenses; payment. Whenever the owner, manager or lessee of a reservoir constructed under the provisions of the Water Rights Act, as defined in ORS 537.010, desires to use the bed of a stream, or other watercourse, to carry stored or impounded water from the reservoir to the consumer of the water, the owner, manager or lessee shall, in writing, notify the watermaster of the district in which the stored or impounded water from the reservoir is to be used, giving the date when it is proposed to discharge water from the reservoir, its volume, and the names of all persons and ditches entitled to its use. The watermaster shall then close, or so adjust the headgates of all ditches from the stream or watercourse, not entitled to the use of such stored water, as will enable those having the right to secure the volume to which they are entitled. The watermaster shall keep a true and just account of the time spent in the discharge of the watermaster�s duties as defined in this section, and the Water Resources Commission shall present a bill of one-half the expense so incurred to the reservoir owner, manager or lessee. If the owner, manager or lessee neglects for 30 days, after presentation of the bill of costs, to pay it, the costs shall be made a charge upon the reservoir and the state shall have a preference lien therefor. Upon notice from the commission, the Attorney General shall foreclose the lien and collect the amount due, as provided in this section, in the same manner as other liens on real property are foreclosed. [Amended by 1955 c.39 �1; 1961 c.636 �7; 1985 c.673 �93]

�� 540.420 Jointly owned ditches; performance by co-owner; recovery for default. In all cases where ditches are owned by two or more persons and one or more of such persons fails or neglects to do a proportionate share of the work necessary for the proper maintenance and operation of the ditch, or to construct suitable headgates or measuring devices at the points where water is diverted from the main ditch, the owner desiring the performance of such work may, after having given 10 days� written notice to the other owner who has failed to perform a proportionate share of the work, perform such share, and recover therefor from the person in default the reasonable expense of the work.

�� 540.430 Nonpayment by ditch co-owner; lien on interest; foreclosure; stoppage of water delivery. (1) Upon the failure of any co-owner to pay a proportionate share of the expense, as mentioned in ORS 540.420, within 30 days after receiving a statement of the same as performed by the co-owner, the latter may secure payment of the claim by filing an itemized and sworn statement thereof, setting forth the date of performance and the nature of the labor performed, with the county clerk of the county wherein the ditch is situated. When so filed it shall constitute a valid lien against the interest of the person in default, which lien may be established and enforced in the same manner as provided by law for the enforcement of mechanic�s liens.

�� (2) In lieu of proceeding to enforce the lien, the person performing the labor may file an itemized and sworn statement with the watermaster of the district within which the ditch is located, setting forth the date of performance, the nature of the labor performed, the total expense incurred by the person and the proportion of the expense each owner should pay, together with a written request that the watermaster take charge of the distribution of the water from the ditch to the parties entitled to the use thereof. Thereupon the watermaster may proceed to distribute the water in accordance with established rights. However, if an owner or user has not paid the proportion of expenses of the owner or user incurred for the proper maintenance and operation of the ditch, the watermaster may serve such party with written notice, personally, by registered mail or by certified mail with return receipt, setting forth the proportion of expenses incurred for which the owner or user is obligated to pay. If the party so served refuses or neglects to pay that part of the expense within 10 days after the serving or mailing of the notice, the watermaster may refuse to deliver water to be used upon the lands of such person until after the expense has been paid. [Amended by 1991 c.249 �52]

�� 540.435 Installation of totalizing measuring device; annual water use report; hearing; effect of failure to comply with order. (1)(a) In addition to any other authority of the Water Resources Commission to order installation of a measuring device, if the commission finds accurate water use information necessary because of serious water management problems created by ground water decline, unresolved user disputes or frequent water shortages, the commission by rule may require a water right owner using any surface or ground water source within the state to install a totalizing measuring device and to submit annually a water use report.

�� (b)(A) In addition to the factors listed in paragraph (a) of this subsection, as necessary to protect public health, the commission may find that ground water contamination in an underground reservoir in a ground water quality concern area or a ground water quality management area, as those terms are defined in ORS 468B.150, is a serious water management problem.

�� (B) The commission or the Water Resources Department may not, based on a finding under this paragraph, require the installation of a measuring device to measure ground water used for an exempt use under ORS 537.545.

�� (2) Before the commission implements any requirements under subsection (1) of this section the commission shall:

�� (a) Cause a hearing to be conducted in the affected area to determine whether a serious management problem exists; and

�� (b) Allow any affected person an opportunity to present alternative methods or devices that could be used to provide the information necessary to manage the water resource or to alleviate the water management problem.

�� (3) The watermaster may prohibit the diversion or use of water by anyone who has failed to comply with a commission rule or order requiring installation of measuring devices or submission of a water use report. [1987 c.649 �7; 2025 c.605 �39]

�� 540.440 Owner to clear weeds from ditch right of way. All persons owning or controlling any water ditches shall keep their right of way along the ditches clean and free from wild oats, mustard, thistles, or any weeds or noxious grasses whatsoever. [Amended by 2011 c.9 �73]

DAMS

�� 540.443 Definitions for ORS 540.443 to 540.491. As used in ORS 540.443 to 540.491:

�� (1) �Construct� means:

�� (a) To build a new dam;

�� (b) To modify dam height; or

�� (c) To make modifications to a dam that:

�� (A) Do not include modifying dam height, performing maintenance actions or removing a dam;

�� (B) Have a potential impact on the safe functioning of the dam; and

�� (C) Are to an extent that the modified dam structures no longer conform to the original design.

�� (2) �Dam� means:

�� (a) A hydraulic structure built above the natural ground gradeline that is used to impound water or wastewater; and

�� (b) Appurtenant structures on or adjacent to hydraulic structures described in paragraph (a) of this subsection that affect the stability of, or the control of water through or away from, the hydraulic structure.

�� (3) �Dam failure� means a rapid, sudden and uncontrolled release of water or wastewater due to loss of dam integrity.

�� (4) �Emergency action plan� means a plan that assists a dam owner or operator, and local emergency management personnel, to perform actions to ensure human safety in the event of a potential or actual dam failure.

�� (5) �High hazard rating� means that the department expects loss of human life to occur if a dam fails.

�� (6) �Maintenance action� means measures that are necessary to address a condition that, if left unaddressed, may cause a dam to become unsafe or potentially unsafe.

�� (7) �Potentially unsafe� means that, based on an inspection or analysis:

�� (a) It is probable that a dam cannot withstand an extreme flood or earthquake; or

�� (b) The dam has a high risk of internal erosion.

�� (8) �Significant hazard rating� means the department does not expect loss of life to occur if a dam fails, but does expect extensive damage to property or public infrastructure.

�� (9) �Unsafe� means that, based on an inspection or analysis:

�� (a) It is probable that a dam cannot be depended upon to retain or pass water or wastewater as designed or operated; and

�� (b) Inability of the dam to retain or pass water or wastewater as designed or operated could result in dam failure. [2019 c.390 �2]

�� 540.446 Dams not subject to ORS 540.443 to 540.491. (1) ORS 540.443 to 540.491 do not apply to:

�� (a) A dam that is less than 10 feet in height; or

�� (b) A dam that impounds less than 3 million gallons of water or wastewater.

�� (2) Except as provided in this subsection, ORS 540.443 to 540.491 do not apply to dams regulated under a federal dam safety program. If there is a potential or actual risk of dam failure at a dam regulated under a federal dam safety program, the Water Resources Department may aid in the inspection of the dam and may provide advice and assistance to prevent, mitigate or respond to a potential or actual dam failure. [2019 c.390 �3]

�� 540.449 Construction plan approval; fees; rules. (1) A person may not construct a dam unless the Water Resources Department has examined the site, plans and specifications, features and other supporting information regarding the construction and operation of the dam and has approved them in writing.

�� (2) Except as provided in this subsection, a dam may not be used to impound water or wastewater until final documentation for the site, plans and specifications, features and other supporting information of the dam has been submitted to and accepted by the department after completion of construction. The Water Resources Commission may adopt rules to allow all or a portion of a previously authorized impoundment during construction work on a dam that is undergoing modification.

�� (3) The department may charge a fee for an examination under subsection (1) of this section of information regarding construction of a new dam or construction to modify dam height. The fee may not exceed the lesser of the costs of providing the examination or:

�� (a) $1,750 for a dam that has a low hazard rating;

�� (b) $3,500 for a dam that has a significant hazard rating; or

�� (c) $8,500 for a dam that has a high hazard rating.

�� (4) The department may waive the requirements in subsections (1) and (2) of this section as necessary to address an actual or potential dam failure that poses an imminent risk to life, property or public infrastructure, including but not limited to waiving the requirements for actions identified in an emergency action plan. [2019 c.390 �4]

�� 540.452 Removal plan approval. (1) An owner seeking to remove a dam that has a significant hazard rating or high hazard rating must notify the Water Resources Department. The owner shall provide the department with a removal plan sufficiently in advance of the removal to allow the department reasonable time for evaluating the plan. The department may evaluate the removal plan to ensure that the plan includes appropriate safety precautions to protect life, property and public infrastructure from temporary inundation in the area below the dam during dam removal. The department may require modification of the removal plan or require that the work performed under the plan be supervised by an engineer to the extent the department concludes is necessary to protect life, property or public infrastructure from temporary inundation during dam removal. If the department requires modification of a dam removal plan or requires that the work be supervised by an engineer, the department shall provide the owner with an opportunity to meet with the department.

�� (2) A person may not perform removal work on a dam that has a significant hazard rating or high hazard rating except as provided in subsection (1) of this section. [2019 c.390 �5]

�� 540.455 Dam inspections and analysis. (1) The Water Resources Department, or agents or representatives of the department, may inspect a dam and the site, plans and specifications, features and other supporting information regarding the construction, maintenance and operation of a dam. If a dam has a high hazard rating, the department shall ensure that the dam is inspected annually unless the department determines that a different inspection schedule is appropriate.

�� (2) The department shall provide the dam owner with an inspection document describing the condition of the dam and specific maintenance actions recommended by the department. [2019 c.390 �6]

�� 540.458 Notice for owner corrective action to address safety issues. (1) If, as the result of an inspection or analysis of a dam that has a high hazard rating or significant hazard rating, the Water Resources Department concludes that corrective action is necessary to address a condition allegedly rendering the dam unsafe or potentially unsafe, the department shall notify the dam owner regarding:

�� (a) Why the inspection or analysis of information and conditions causes the department to conclude that the dam is unsafe or potentially unsafe;

�� (b) The action the department concludes is necessary to address the alleged unsafe or potentially unsafe condition;

�� (c) The opportunity for the dam owner to meet with the department; and

�� (d) The opportunity for the dam owner to provide information to challenge the department�s conclusion alleging that the dam is unsafe or potentially unsafe.

�� (2) The department shall notify a dam owner under subsection (1) of this section by:

�� (a) Registered mail; or

�� (b) Certified mail with return receipt requested. [2019 c.390 �7]

�� 540.461 Plan and time frame for corrective action; hearing; proposed and final orders. (1) If the Water Resources Department provides notification to a dam owner under ORS 540.458 stating that the department has concluded that a dam having a significant hazard rating or high hazard rating is unsafe or potentially unsafe, the department may cooperate with dam owner efforts to develop a plan and time frame for corrective action that is agreeable to the department. When determining whether a plan and time frame for corrective action developed by a dam owner is agreeable to the department, the department may consider any relevant information, including, but not limited to, information regarding:

�� (a) The specific dam;

�� (b) The efforts and resources of the dam owner; and

�� (c) The impacts associated with dam failure.

�� (2) In addition to any other available remedies, the Water Resources Director may issue a proposed final order containing one or more of the provisions described in subsection (3) of this section if:

�� (a) The department and the dam owner do not agree on a plan and time frame under subsection (1) of this section for corrective action to resolve a condition identified in a notification that was sent by mail under ORS 540.458;

�� (b) The dam owner has failed to comply with a plan or time frame agreed to under subsection (1) of this section; or

�� (c) The department concludes, based on inspection or analysis, that the dam is unsafe.

�� (3) If the director issues a proposed final order under subsection (2) of this section, the director shall provide the dam owner with notice and opportunity for hearing under ORS 183.413 to 183.470. If the notice is provided by mail, the director shall use a form of mail described in ORS 540.458. The proposed final order shall include the specific information and conditions that have caused the department to conclude that the dam is unsafe or potentially unsafe. The proposed final order may also include, but need not be limited to, provisions:

�� (a) Notifying the dam owner as described in ORS 540.458, if that notification has not been provided.

�� (b) Requiring that the dam owner consult with an engineer to assess the nature and extent of the conditions specified by the department allegedly indicating that the dam is unsafe or potentially unsafe and, as necessary, to identify specific corrective action.

�� (c) Specifying commencement and completion dates for any corrective action the department deems necessary to remedy the unsafe or potentially unsafe condition.

�� (d) Restricting the maximum reservoir level until corrective action has been completed to the satisfaction of the department.

�� (e) Directing that the dam may not be used for the storage, restraint or conveyance of water until corrective action has been completed to the satisfaction of the department.

�� (f) If the department concludes that monitoring is necessary to protect life, property or public infrastructure, requiring the installation and use of monitoring equipment at a dam to monitor unsafe or potentially unsafe conditions. If the department requires monitoring, the department shall allow the use of the most economical monitoring equipment sufficient to protect life, property and public infrastructure.

�� (4) After issuing a proposed final order and allowing an opportunity for hearing, the director may issue a final order as provided under ORS chapter 183.

�� (5) The department and a dam owner may at any time use informal or alternative means, including but not limited to stipulation, agreed settlement or consent orders, to resolve a matter for which the department has notified the dam owner as described in ORS 540.458. [2019 c.390 �8]

�� 540.464 Examinations, inspections and reports by specialists. The Water Resources Department may accept the reports of consulting engineers, geologists or other specialists employed by the dam owner. If the department concludes that the reports are insufficient, the department may employ consulting engineers, geologists or other specialists as agents or representatives of the department to make special examinations and inspections and to prepare reports for the department. The cost of such special examinations, inspections and reports shall be paid by the department or, upon mutual agreement, may be divided between the department and the dam owner. [2019 c.390 �9]

�� 540.467 Owner action to address maintenance issues; hearing; proposed and final orders; penalty. (1) If, as the result of an inspection under ORS 540.455 of a dam that has a significant hazard rating or high hazard rating, the Water Resources Department concludes that maintenance actions are needed, the department shall inform the dam owner of the need for maintenance actions. The department shall provide the information by inclusion in the inspection document and provide the dam owner with the opportunity to meet with the department concerning the information.

�� (2) If the department or its agent or representative conducts an inspection and the department determines that the dam owner has failed to take needed maintenance actions identified in a prior inspection document, in addition to any other available remedies, the Water Resources Director may issue a proposed final order under subsection (3) of this section. A proposed final order under subsection (3) of this section shall include notice and opportunity for hearing under ORS 183.413 to 183.470.

�� (3) Subject to subsection (2) of this section, the director may issue a proposed final order that includes, but need not be limited to, provisions:

�� (a) Requiring the dam owner to perform the needed maintenance actions by a specified date; and

�� (b) Imposing a civil penalty under ORS 540.995, not to exceed an amount established by the Water Resources Commission by rule, for failing to address the needed maintenance actions identified in the proposed final order or failing to comply with a resolution reached through informal or alternative means.

�� (4) If the dam owner performs needed maintenance actions required by a proposed final order issued under subsection (3) of this section to the satisfaction of the department by the date specified in the proposed final order, the director may not impose any civil penalty that was described in the proposed final order.

�� (5) After issuing a proposed final order and allowing an opportunity for hearing, the director may issue a final order as provided under ORS chapter 183.

�� (6) The department and a dam owner may at any time use informal or alternative means, including but not limited to stipulation, agreed settlement or consent orders, to resolve a matter for which the department has notified the dam owner as described in this section. [2019 c.390 �10]

�� 540.470 Contested case hearings. If the Water Resources Director issues a proposed final order under ORS

ORS 540.443

540.443 to 540.491 or for enhancing the safety of dams or the protection of life, property or public infrastructure in areas below dams;

�� (c) Coordinate with federal, tribal, state, local and private entities to enhance the safety of dams or the protection of life, property or public infrastructure in areas below dams; and

�� (d) Waive or reduce fees for dams inspected by another state agency under a memorandum of understanding with the department. [2019 c.390 �17]

�� 540.491 Dam owner or operator liability. (1) Compliance with ORS 540.443 to 540.491 does not relieve the owner or operator of a dam or an individual in immediate charge of a dam from any duty, obligation or liability regarding the ownership, maintenance or operation of the dam.

�� (2) Water Resources Department actions and services under ORS 540.443 to 540.491 do not relieve the owner or operator of a dam or an individual in immediate charge of a dam from any duty, obligation or liability regarding the ownership, maintenance or operation of the dam. [2019 c.390 �18]

CHANGES IN USE OF WATER; TRANSFER OF WATER RIGHTS; EXCHANGE

�� 540.505 Definitions. As used in ORS 540.505 to 540.586:

�� (1) �District� means an irrigation district formed under ORS chapter 545, a drainage district formed under ORS chapter 547, a water improvement district formed under ORS chapter 552, a water control district formed under ORS chapter 553 or a corporation organized under ORS chapter 554.

�� (2) �Primary water right� means the water right designated by the Water Resources Commission as the principal water supply for the authorized use, or if no designation has been made, the water right designated by the applicant as the principal water supply for the authorized use.

�� (3) �Supplemental water right or permit� means an additional appropriation of water to make up a deficiency in supply from an existing water right. A supplemental water right or permit is used in conjunction with a primary water right.

�� (4) �Water use subject to transfer� means a water use established by:

�� (a) An adjudication under ORS chapter 539 as evidenced by a court decree;

�� (b) A water right certificate;

�� (c) A water use permit for which a request for issuance of a water right certificate under ORS

ORS 540.533

540.533, $615 for each second-foot or fraction thereof requested beyond the first second-foot;

�� (D) $915 for each additional water right or permit included in the application;

�� (E) An additional fee of $720 per application, if the application is for an additional point of appropriation, a change in a point of appropriation or a change from surface water to ground water or for substitution as described in ORS 540.524; and

�� (F) $615 for each additional point of appropriation included in the application.

�� (i) For examining an application for a temporary change in place of use under ORS 540.523, for a temporary transfer under ORS 540.585 or for a temporary change in place of use, a change in the point of diversion to allow for the appropriation of ground water or a change of a primary right to a supplemental right under ORS 540.570, a base fee of $1,425 for the first water right or permit, plus $465 for each additional water right or permit included in the application and:

�� (A) For nonirrigation uses, $345 for each second-foot or fraction thereof requested beyond the first second-foot; or

�� (B) For irrigation uses, $4.10 per acre of land irrigated or, if the application and required map are submitted to the department in a department-approved digital format, $1.10 per acre of land irrigated.

�� (j) For submitting a protest to the department:

�� (A) $1,425 if the protest is by a nonapplicant; and

�� (B) $720 if the protest is by an applicant.

�� (k) For filing an application for extension of time within which irrigation or other works shall be completed or a water right perfected, $1,170.

�� (L) For a limited license under ORS 537.143 or 537.534 (2), the fee established by rule by the Water Resources Commission.

�� (m) For filing, examining and certifying a petition under ORS 541.329, $720 plus 20 cents per acre of water involved in the application. For purposes of computing this fee, when any acreage within a quarter quarter of a section is involved, the 20 cents per acre shall apply to all acres in that quarter quarter of a section. Notwithstanding the fee amount established in this paragraph, a district notifying the department under ORS 541.327 (4) shall pay the actual cost of filing, examining and certifying the petition.

�� (n) For requesting standing under ORS 536.077 or 543A.120, $405.

�� (o) For participating in a contested case proceeding under ORS 536.077 or 543A.130, $1,020.

�� (p) Except for an applicant, for obtaining a copy of both a proposed final order and a final order for a water right application under ORS 537.140 to 537.252, 537.505 to

ORS 540.543

540.543.

�� (4) This section shall not apply to an application for the transfer of less than 0.5 cubic feet per second of water.

�� (5) Subsection (1) of this section shall not apply to an appropriation or diversion by a city to facilitate regional municipal water service if the city has historically transported water between the basin of origin and proposed receiving basins identified in the application. [1989 c.936 �4]

�� 537.805 Processing of application; hearing; action on application. Notwithstanding any other provision of ORS 537.801 to 537.809, an application governed by ORS 537.803 shall be processed as follows:

�� (1) Upon determination that the application is acceptable, the Water Resources Commission shall conduct a comprehensive review of the application, at the applicant�s expense.

�� (2) When the comprehensive review is complete, the commission shall issue a preliminary analysis of the application that addresses the factors under ORS 537.803 and any other information the commission considers relevant. The preliminary analysis, or a reasonable summary, shall be published at the applicant�s expense for two consecutive weeks in a newspaper of general circulation in the basin of origin of the proposed appropriation, diversion or impoundment.

�� (3) Following publication, the commission shall conduct a public hearing at the applicant�s expense, in the basin of origin. The hearing shall be for comment on the factors analyzed under ORS 537.803 and standards that otherwise apply to the proposed appropriation or transfer.

�� (4) After considering the application, the information generated during the comprehensive review of the application, all comments received at the hearing and written comments received within 20 days after the date of the public hearing, the commission shall:

�� (a) If the application requires legislative approval under ORS 537.810, submit a report to the Legislative Assembly that addresses all factors analyzed under ORS 537.803 and recommends whether to approve or deny the application for use of water outside the basin of origin; or

�� (b) If the application does not require legislative approval under ORS 537.810, approve or deny the application in accordance with the procedures and standards that otherwise govern the application, giving due consideration to factors set forth in ORS 537.803. [1989 c.936 �5; 2011 c.52 �5]

�� 537.807 [1989 c.939 �6; repealed by 1991 c.200 �3]

�� 537.809 Reservation of water in basin of origin. Before approving or recommending approval of an application subject to ORS 537.803, the Water Resources Commission shall reserve an amount of water adequate for future needs in the basin of origin, including an amount sufficient to protect public uses, and subordinate the out-of-basin use to that reservation. [1989 c.936 �6]

�� 537.810 Diversion or appropriation of waters from basin of origin without legislative consent prohibited; terms of consent; exceptions. (1) No waters located or arising within a basin shall be diverted, impounded or in any manner appropriated for diversion or use beyond the boundaries of that basin except upon the express consent of the Legislative Assembly. In the event the Legislative Assembly shall give its consent to any such request it may attach thereto such terms, conditions, exceptions, reservations, restrictions and provisions as it may care to make in the protection of the natural resources of the basin and the health and welfare of the present and future inhabitants of the basin within which the water arises or is located.

�� (2) Subsection (1) of this section shall not apply to appropriations or diversions of less than 50 cubic feet per second out of the basin of origin.

�� (3) Subsection (1) of this section shall not apply to appropriations or diversions within the Klamath River Basin as defined in ORS 542.620 or within the Goose Lake Basin as defined in ORS 542.520, so long as those statutes remain in effect.

�� (4) This section shall not apply to an appropriation or diversion by a city to facilitate regional municipal water service if the city has historically transported water between the basin of origin and proposed receiving basins identified in the application. [Amended by 1989 c.936 �7]

�� 537.820 Application of provisions to waters forming common boundary between states. ORS 537.801 to 537.860 shall also apply to the waters located within the boundaries of this state of any river, stream, lake or other body of water serving as part of the common boundary of this state and any other state and over which this state has concurrent jurisdiction, except that said sections shall not apply to the diversion, impoundment or appropriation of waters for the development of hydroelectric energy, flood control, irrigation or other uses in waters forming a boundary of the state in cases where such waters are not to be diverted from the drainage basin wherein such waters are located.

�� 537.830 Condemnation of waters for use outside basin of origin. No person, or agency of any state or of the United States, shall attempt to condemn any waters within the boundaries of this state for use outside the basin of origin without first complying with the requirements of ORS 537.801 to 537.810 and this section. [Amended by 1989 c.936 �8]

�� 537.835 City of Walla Walla, Washington, may appropriate, impound and divert certain waters from Mill Creek. (1) Pursuant to the provisions of ORS 537.810, consent is hereby given to the City of Walla Walla, a municipal corporation of the State of Washington, to appropriate, impound and divert certain waters from Mill Creek, a tributary of the Walla Walla River, located in Township 6 North, Range 38, E.W.M., Umatilla County, Oregon, for the beneficial use of both the State of Oregon and within the City of Walla Walla, State of Washington, subject to the following terms and conditions:

�� (a) The City of Walla Walla shall pay the entire cost of constructing and maintaining this project; and

�� (b) The City of Walla Walla shall employ only residents and inhabitants of the State of Oregon in the construction and maintenance of the project.

�� (2) The Water Resources Commission may from time to time direct that a designated portion of the impounded waters shall be held in the State of Oregon for fire protection, for use by Oregon residents, for wildlife habitat needs, and to maintain proper streamflow during the summer months.

�� (3) Prior to commencing construction, the City of Walla Walla shall make application for such appropriation, impoundment and diversion to the Water Resources Commission and such appropriation, impoundment and diversion shall be allowed upon such additional terms, conditions, reservations, restrictions and provisions, including minimum streamflow, as the Water Resources Commission shall impose for the protection and benefit of the State of Oregon. [1975 c.732 �2; 1985 c.673 �76]

�� 537.840 Legislative consent; filing of certified copy; appropriation rights and procedure. Upon receiving legislative permission to appropriate waters under ORS 537.801 to

ORS 540.576

540.576, a protest against approval of the petition, map and transfer. Whenever a timely protest is filed, or in the opinion of the commission a hearing is necessary to determine whether the district has complied with the requirements of ORS 540.572 to 540.580, or the proposed transfers described in the petition would result in injury to existing water rights, the commission shall hold a hearing on the matter. The hearing shall be conducted according to the provisions of ORS chapter 183 applicable to contested case proceedings. The hearing shall be held in the area of the state where the rights are located unless the parties and the persons who filed the protest under this section stipulate otherwise.

�� (2) If, after examination or hearing, the commission finds that the petition complies with the requirements of ORS 540.572 to 540.580, and that the proposed changes described in the petition would not result in injury to existing water rights, the commission shall issue an order approving the transfer and proceed as provided in ORS 540.530 (1) and (2).

�� (3) A certificate issued under this section for the transferred water right shall have the evidentiary effect provided for in ORS 537.270 unless the right to appropriate water described in the certificate is forfeited after the certificate is issued. [1991 c.957 �6]

�� 540.580 Permanent transfer of place of use of water within district; requirements; procedure. (1) In accordance with this section, a district may by petition request that the Water Resources Department approve the permanent transfer of the place of use of water within a district as long as the proposed transfer complies with all of the following:

�� (a) The rate, duty and total number of acres to which water is to be applied under the water use subject to transfer are not exceeded;

�� (b) The use authorized under the water use subject to transfer remains the same;

�� (c) The change in place of use will not result in injury to any existing water right; and

�� (d) The land from which the water right is removed by the transfer shall receive no water under the transferred right.

�� (2) A district may submit a petition for a permanent transfer prior to or subsequent to the change in place of use, but no later than the end of the calendar year in which the change occurs. The petition submitted by the district may include an unlimited number of transfers within the same petition. A petition under this section shall:

�� (a) Include the information required under ORS 540.574 (3), except for the statement that a notice under ORS 540.572 (2) has been given;

�� (b) Be accompanied by a map in a form satisfactory to the department and certified by the district. If the water right is on a tract of land of five acres or less, the assessor�s tax map with a notation of the acres of water right shall be sufficient for identification of the tract and place of use;

�� (c) Include a statement that each landowner affected by a permanent transfer has authorized the transfer in a writing that is on file with the district;

�� (d) Include any other information required by rules of the Water Resources Commission; and

�� (e) Include the fee required under ORS 536.050 (1)(h) for a change in the place of use.

�� (3) If a district allows a change in the place of use of water before obtaining the approval of the department, the district shall:

�� (a) Notify each affected landowner that the change is subject to the approval of the department and that the department may reject the transfer or may require mitigation to avoid injury to other water right holders; and

�� (b) Notify the department in advance of the change. The notice shall include:

�� (A) The name of the district and the certificate number of each water right that is the subject of the change;

�� (B) The names of the users within the district from whose lands and to whose lands water rights are to be transferred;

�� (C) A general description of the users� lands by township, range, quarter quarter section and tax lot number, and of the water right, for each parcel from which and to which water rights are to be transferred; and

�� (D) A description of the use that is proposed to be made of the water on each parcel.

�� (4) Upon receipt of the notice required under subsection (3)(b) of this section, the department shall provide public notice in the weekly public notice published by the department.

�� (5) If a district allows a change in the place of use of water before obtaining approval of the department under this section, the department may direct the district to cease delivery of water or mitigate injury where the change in place of use is causing injury to an existing water right.

�� (6) Within 15 days after the filing of a petition under subsection (2) of this section, the department shall include notice of the petition in the weekly public notice published by the department. Within 30 days after publication of the department�s weekly public notice, any potentially affected holder of an existing water right may file, jointly or severally, with the department, a protest against approval of the petition.

�� (7) Subject to the provisions of subsection (8) of this section, whenever a timely protest is filed, or in the opinion of the Water Resources Director a hearing is necessary to determine whether the proposed changes as described in the petition would result in injury to existing water rights, the department may hold a hearing on the petition. Notice and conduct of the hearing shall be according to the provisions of ORS chapter 183 pertaining to contested cases, shall be scheduled within 45 days after the filing of the petition, and shall be held in the area where the rights are located unless all parties and persons who filed a protest under this subsection stipulate otherwise.

�� (8) If a water user within the district files a protest claiming injury to a water right delivery by the district, no contested case hearing shall be required, but the district shall resolve the matter directly with the water user.

�� (9) After examination or hearing, the department shall issue an order approving the transfer if the proposed change can be effected without injury to existing water rights. If no hearing is scheduled under subsection (7) of this section, the order of the department shall be issued within 90 days after the date of the filing of the petition. If the proposed change cannot be effected without injury to existing water rights, the department may condition approval, including requiring mitigation of the effects on other water rights, to the extent necessary to avoid injury. If a hearing is scheduled, the department shall issue a final order within 120 days after scheduling the hearing.

�� (10) Within 20 days after the director issues a final order under this section, the district or any protestant may file with the commission exceptions to the final order. The commission shall issue an order granting or denying the exceptions within 30 days after receiving the exceptions.

�� (11) If a certificate covering the water right has been previously issued, the department may amend the certificate or may cancel the certificate and issue a new certificate preserving the previously established priority of rights and covering the authorized changes. If only a portion of the water right covered by the previous certificate is affected by the changes, a separate new certificate may be issued to cover the unaffected portion of the water right. A certificate as amended or issued under this section has the evidentiary effect provided for in ORS 537.270 as to the new lands except when the right to appropriate water described in the certificate is abandoned after the certificate is amended or issued.

�� (12) Notwithstanding the provisions of subsection (2) of this section, a petition filed on or before December 31, 1996, may include all changes in place of use allowed by a district after July 1, 1992, and before November 30, 1996. [1995 c.554 �2; 1997 c.587 �13; 1999 c.804 �2; 2001 c.788 ��5,11; 2025 c.282 �41]

�� Note: The amendments to 540.580 by section 41, chapter 282, Oregon Laws 2025, become operative April 1, 2026. See section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025. The text that is operative until April 1, 2026, is set forth for the user�s convenience.

�� 540.580. (1) In accordance with this section, a district may by petition request that the Water Resources Department approve the permanent transfer of the place of use of water within a district as long as the proposed transfer complies with all of the following: