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Oregon Revised Statutes

Or. Rev. Stat. § 197.524 (2026)

Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits

✓ current as of May 2026
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      197.524 Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits. (1) When a local government engages in a pattern or practice of delaying or stopping the issuance of permits, authorizations or approvals necessary for the subdivision or partitioning of, or construction on, any land, including delaying or stopping issuance based on a shortage of public facilities, the local government shall:

      (a) Adopt a public facilities strategy under ORS 197.768; or

      (b) Adopt a moratorium on construction or land development under ORS 197.505 to 197.540.

      (2) The provisions of subsection (1) of this section do not apply to the delay or stopping of the issuance of permits, authorizations or approvals because they are inconsistent with the local government’s comprehensive plan or land use regulations. [1999 c.838 §3]

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2001–2024 · leading case: Thunderbird Hotels, LLC v. City of Portland, 180 P.3d 87 (Or. Ct. App. 2008).
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Thunderbird Hotels, LLC v. City of Portland, 180 P.3d 87 (Or. Ct. App. 2008). · cites it 3× “ORS 197.524 is to similar effect; it provides that, when a local government engages in a pattern or practice of delaying or stopping the issuance of permits for development, it shall adopt a moratorium under ORS 197.”
Dep't of Transp. v. City of Klamath Falls, 34 P.3d 667 (Or. Ct. App. 2001). · cites it 2× “Southview cites ORS 197.524 as requiring either (1) a formal public facilities strategy under ORS 197.”
Akiyama v. Tillamook Cnty., 333 Or. App. 315 (Or. Ct. App. 2024). “250(1), or “the subdivision or par- titioning of, or construction on, any land” as defined in ORS 197.524(1); the order did not prevent the petitioners 2 Ordinance 84 (2017) used the term “permits” to refer to the county’s autho- rizing of an individual to use their dwelling as…”
Winters v. Tillamook Cnty., 330 Or. App. 188 (Or. Ct. App. 2024). “” ORS 197.524(1). LUBA reasoned that the county’s order did not affect petitioners’ ability to build the dwellings they intended to use as STRs.”
— Or. Rev. Stat. § 197.524(1) — 2 cases
Akiyama v. Tillamook Cnty., 333 Or. App. 315 (Or. Ct. App. 2024). “250(1), or “the subdivision or par- titioning of, or construction on, any land” as defined in ORS 197.524(1); the order did not prevent the petitioners 2 Ordinance 84 (2017) used the term “permits” to refer to the county’s autho- rizing of an individual to use their dwelling as…”
Winters v. Tillamook Cnty., 330 Or. App. 188 (Or. Ct. App. 2024). “” ORS 197.524(1). LUBA reasoned that the county’s order did not affect petitioners’ ability to build the dwellings they intended to use as STRs.”
— Or. Rev. Stat. § 197.524(2) — 1 case
Dep't of Transp. v. City of Klamath Falls, 34 P.3d 667 (Or. Ct. App. 2001). “Southview cites ORS 197.524 as requiring either (1) a formal public facilities strategy under ORS 197.”
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