Oregon Revised Statutes

Or. Rev. Stat. § 203.035 (2026)

Power of county governing body or electors over matters of county concern

✓ current as of May 2026

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203.035 Power of county governing body or electors over matters of county concern. (1) Subject to subsection (3) of this section, the governing body or the electors of a county may by ordinance exercise authority within the county over matters of county concern, to the fullest extent allowed by Constitutions and laws of the United States and of this state, as fully as if each particular power comprised in that general authority were specifically listed in ORS 203.030 to 203.075.

(2) The power granted by this section is in addition to other grants of power to counties, shall not be construed to limit or qualify any such grant and shall be liberally construed, to the end that counties have all powers over matters of county concern that it is possible for them to have under the Constitutions and laws of the United States and of this state.

(3) An ordinance adopted by a county governing body that changes the number or mode of selection of elective county officers shall not take effect unless the ordinance is submitted to and approved by the electors of the county at a primary election, general election or election held on the first Tuesday after the first Monday in November of an odd-numbered year. However, an ordinance adopted under this section may not change the mode of selection of a county assessor.

(4) Nothing in this section shall be construed to limit the rights of the electors of a county to propose county ordinances through exercise of the initiative power. [1973 c.282 §2; 1981 c.140 §1; 1985 c.756 §1; 1995 c.712 § 87; 2007 c.155 §12]

Notes of Decisions

Cited in 22 cases (6 in the last 5 years), 1976–2026 · leading case: GTE Nw. Inc. v. Oregon Pub. Util. Comm'n, 39 P.3d 201 (Or. Ct. App. 2002).

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GTE Nw. Inc. v. Oregon Pub. Util. Comm'n, 39 P.3d 201 (Or. Ct. App. 2002). · cites it 101× “The county in response, relies on ORS 203.035 for that authority, which provides, in pertinent part: "(1) Subject to subsection (3) of this section, the governing body or the electors of a county may by ordinance exercise authority within the county over matters of county…”

Allison v. Washington Cnty., 548 P.2d 188 (Or. Ct. App. 1976). · cites it 8× “Further statutory authorization, if necessary, can be found in ORS 203.035: "(1) The governing body or the voters of a county may by ordinance exercise authority within the county over matters of county concern, to the fullest extent allowed by Constitutions and laws of the…”

Budget Rent-A-Car of Washington-Oregon, Inc. v. Multnomah Cnty., 597 P.2d 1232 (Or. 1979). · cites it 5× “055, which provides: "Any ordinance, adopted by a county governing body under ORS 203.035 and imposing, or providing an exemption from, taxation shall receive the approval of the voters of the county before taking effect.”

Burt v. Blumenauer, 699 P.2d 168 (Or. 1985). · cites it 2× “In 1973, ORS 203.035 was added to authorize all counties to “exercise authority within the county over matters of county concern, to the fullest extent allowed by the Constitution and laws of the United States and of this state, as fully as if each particular power comprised in…”

Multnomah Kennel Club v. Dep't of Revenue, 666 P.2d 1327 (Or. 1983). · cites it 4× “The preamble to the repealer specifically provided: “Whereas the Fifty-seventh Legislative Assembly enacted ORS 203.035 in 1973 in order to grant to the governing body of each county power to exercise legislative authority within the county over matters of county concern, to the…”

Coos Cnty. v. State, 734 P.2d 1348 (Or. 1987). “See ORS 203.035, ORS chs 271 and 275. Title to such lands is in the county, not the state.”

State ex rel. Smith v. Hitt, 424 P.3d 749 (Or. Ct. App. 2018). · cites it 7× “Lastly, intervenor contends that the adoption of county home-rule authority in Article VI, section 10, and the enactment of ORS 203.035 make the qualifications and tenure of county offices "matters of local concern" that are subject to county legislative action notwithstanding…”

Mongiovi v. Doerner, 546 P.2d 1110 (Or. Ct. App. 1976). · cites it 2× “This statutory scheme is at least arguably inconsistent with ORS 203.035, which grants counties full authority "over matters of county concern.”

Bd. of Cty. Comm. of Columbia Cty. v. Rosenblum, 526 P.3d 798 (Or. Ct. App. 2023). “” Section 3, “Duty of Sheriff,” provides that the Sheriff of Columbia County shall have the “duty” to “deter- mine as a matter of internal policy and county concern per ORS 203.035, whether any federal, state or local regulation 228 Board of Cty.”

Tillamook Cnty. v. State Ex Rel. State Bd. of Forestry, 730 P.2d 1214 (Or. 1986). “See ORS 203.035, ORS chs 271 and 275. Title to such lands is in the county, not the state.”

Fifth Avenue Corp. v. Washington Cnty., 560 P.2d 656 (Or. Ct. App. 1977). · cites it 2× “[7] Although plaintiff contends that ORS 203.035(1) is additional authority for the proposition that county governing bodies must conduct legislative business by ordinance, we need not and do not consider this contention here.”

League of Women Voters v. Washington Cnty., 641 P.2d 608 (Or. Ct. App. 1982). “For example, ORS 203.035 establishes authority over matters of county concern in the “governing body or the voters of a county.”

Show all 22 citing cases →

— Or. Rev. Stat. § 203.035(1) — 7 cases

Burt v. Blumenauer, 699 P.2d 168 (Or. 1985). “In 1973, ORS 203.035 was added to authorize all counties to “exercise authority within the county over matters of county concern, to the fullest extent allowed by the Constitution and laws of the United States and of this state, as fully as if each particular power comprised in…”

GTE Nw. Inc. v. Oregon Pub. Util. Comm'n, 39 P.3d 201 (Or. Ct. App. 2002). “The county in response, relies on ORS 203.035 for that authority, which provides, in pertinent part: "(1) Subject to subsection (3) of this section, the governing body or the electors of a county may by ordinance exercise authority within the county over matters of county…”

Multnomah Kennel Club v. Dep't of Revenue, 666 P.2d 1327 (Or. 1983). “The preamble to the repealer specifically provided: “Whereas the Fifty-seventh Legislative Assembly enacted ORS 203.035 in 1973 in order to grant to the governing body of each county power to exercise legislative authority within the county over matters of county concern, to the…”

Fifth Avenue Corp. v. Washington Cnty., 560 P.2d 656 (Or. Ct. App. 1977). “[7] Although plaintiff contends that ORS 203.035(1) is additional authority for the proposition that county governing bodies must conduct legislative business by ordinance, we need not and do not consider this contention here.”

Schwartz v. Washington Cnty. (Or. Ct. App. 2024).

— Or. Rev. Stat. § 203.035(2) — 3 cases

State ex rel. Smith v. Hitt, 424 P.3d 749 (Or. Ct. App. 2018). “Lastly, intervenor contends that the adoption of county home-rule authority in Article VI, section 10, and the enactment of ORS 203.035 make the qualifications and tenure of county offices "matters of local concern" that are subject to county legislative action notwithstanding…”

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