Oregon · Through 2025 Edition

ORS 197A.385: Residential treatment facilities.

(1) Within an urban growth boundary, a local government shall allow a residential treatment facility or residential treatment home, as those terms are defined in ORS 443.400, without requiring a plan amendment, zone change or conditional use permit for property that is:
      (a) Owned by a public body, as defined in ORS 174.109; or
      (b) Zoned for:
      (A) Residential uses;
      (B) Commercial uses;
      (C) Employment uses;
      (D) Public lands, not including park land; or
      (E) Industrial uses, provided that if the property is:
      (i) Publicly owned or owned by a public benefit corporation as defined in ORS 65.001;
      (ii) Within 250 feet of lands zoned for residential use; and
      (iii) Not specifically designated for heavy industrial uses.
      (2) This section does not apply on land where the local government determines that:
      (a) The facility cannot be adequately served by water, sewer, storm water drainage or streets, or will not be adequately served at the time that development on the property is complete; or
      (b) The development of the property is constrained by land use regulations based on statewide land use planning goals relating to:
      (A) Natural disasters and hazards; or
      (B) Natural resources, including air, water, land or natural areas, but not including open spaces or historic resources.
      (3) This section does not trigger any requirement that a local government consider or update an analysis as required by a statewide land use planning goal relating to economic development.
      (4) A decision made under this section is not a land use decision as defined in ORS 197.015 and is not subject to the jurisdiction of the Land Use Board of Appeals. A decision under this section may only be appealed by writ of review under ORS 34.010 to 34.100.
      (5) A local government shall issue a final decision under this section within 120 days after a completed application is filed with the local government.

Where this section sits in the code

05 - State Government, Government Procedures, Land Use
19. Miscellaneous Matters Related to Government and Public Affairs
Chapter 197A — Land Use Planning: Housing and Urbanization

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

(b) Zoned for:

(A) Residential uses;

(B) Commercial uses;

(D) Public lands, not including park land; or

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

(i) Publicly owned or owned by a public benefit corporation as defined in ORS 65.001;

(ii) Within 250 feet of lands zoned for residential use; and

(iii) Not specifically designated for heavy industrial uses.

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

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

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

(A) Natural disasters and hazards; or

(B) Natural resources, including air, water, land or natural areas, but not including open spaces or historic resources.

(3) This section does not trigger any requirement that a local government consider or update an analysis as required by a statewide land use planning goal relating to economic development.

(4) A decision made under this section is not a land use decision as defined in ORS 197.015 and is not subject to the jurisdiction of the Land Use Board of Appeals. A decision under this section may only be appealed by writ of review under ORS 34.010 to 34.100.

(5) A local government shall issue a final decision under this section within 120 days after a completed application is filed with the local government.

Collected 2026-09-03T23:50:12Z. Source file · JSON

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