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Oregon Revised Statutes

Or. Rev. Stat. § 227.215 (2026)

Regulation of development

✓ current as of May 2026
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      227.215 Regulation of development. (1) As used in this section, “development” means a building or mining operation, making a material change in the use or appearance of a structure or land, dividing land into two or more parcels, including partitions and subdivisions as provided in ORS 92.010 to 92.285, and creating or terminating a right of access.

      (2) A city may plan and otherwise encourage and regulate the development of land. A city may adopt an ordinance requiring that whatever land development is undertaken in the city comply with the requirements of the ordinance and be undertaken only in compliance with the terms of a development permit.

      (3) A development ordinance may provide for:

      (a) Development for which a permit is granted as of right on compliance with the terms of the ordinance;

      (b) Development for which a permit is granted discretionarily in accordance and consistent with the requirements of ORS 227.173;

      (c) Development which need not be under a development permit but shall comply with the ordinance; and

      (d) Development which is exempt from the ordinance.

      (4) The ordinance may divide the city into districts and apply to all or part of the city. [1975 c.767 §11 (enacted in lieu of 227.220 to 227.270); 1977 c.654 §3]

      227.220 [Repealed by 1975 c.767 §10 (227.215 enacted in lieu of 227.220)]

      227.230 [Amended by 1971 c.739 §2; 1975 c.153 §4; repealed by 1975 c.767 §10 (227.215 enacted in lieu of 227.230)]

      227.240 [Repealed by 1975 c.767 §10 (227.215 enacted in lieu of 227.240)]

      227.250 [Repealed by 1975 c.767 §10 (227.215 enacted in lieu of 227.250)]

      227.260 [Repealed by 1975 c.767 §10 (227.215 enacted in lieu of 227.260)]

      227.270 [Repealed by 1975 c.767 §10 (227.215 enacted in lieu of 227.270)]

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1992–2024 · leading case: State ex rel. Schrodt v. Jackson Cnty., 324 P.3d 615 (Or. Ct. App. 2014).
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State ex rel. Schrodt v. Jackson Cnty., 324 P.3d 615 (Or. Ct. App. 2014). · cites it 2× “*447 Further, although it does not supply the definition of “development” for purposes ofORS chapter 215, ORS 227.215— which defines “development” in the context of describing the land use ordinances that cities are permitted to enact— indicates that the word “development” in…”
Dept. of Trans. v. Lundberg, 825 P.2d 641 (Or. 1992). “2 ORS 227.215(2) provides: “A ciiy may plan and otherwise encourage and regulate the development of land.”
Thunderbird Mobile Club, LLC v. City of Wilsonville, 228 P.3d 650 (Or. Ct. App. 2010). “090(l)(a)(C) (authority of city planning commission to establish zoning districts); ORS 227.215(1) (authority of city to adopt development ordinances that regulate “making a material change in the use * * * of* * * land”); ORS 197.”
Roberts v. City of Cannon Beach (A184314), 334 Or. App. 762 (Or. Ct. App. 2024). · cites it 5× “Applicants point to the definition of “development” contained in ORS 227.215 as relevant context to argue that the term “development of housing” applies to vehicular access to residences.”
Roberts v. City of Cannon Beach, 504 P.3d 1249 (Or. Ct. App. 2021). “The approval may include such conditions as are authorized by ORS 227.215 or any city legislation. “(b)(A) A city may not deny an application for a hous- ing development located within the urban growth bound- ary if the development complies with clear and objective standards,…”
Corp. of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. City of West Linn, 86 P.3d 1140 (Or. Ct. App. 2004). “175(4) and ORS 227.215. We note that we are unaware of any authority under which a city may require, as a condition of approval, that an applicant purchase or use a larger parcel than that identified in its application.”
Roberts v. City of Cannon Beach (A184314), 557 P.3d 1143 (Or. Ct. App. 2024). · cites it 5× “Applicants point to the definition of “development” contained in ORS 227.215 as relevant context to argue that the term “development of housing” applies to vehicular access to residences.”
Dep't of Transp. v. City of Mosier, 984 P.2d 351 (Or. Ct. App. 1999). · cites it 3× “) The council’s order further explained that its authority to enact the quoted provision and to apply it as it did was traceable to ORS 227.215 and ORS 227.280. ORS 227.215 allows cities to adopt “development ordinances” that regulate, inter alia, “building[s] or mining…”
Carlsen v. City of Portland, 8 P.3d 234 (Or. Ct. App. 2000). · cites it 3× “Relatedly, ORS 227.215 provides, in material part: “(1) As used in this section, ‘development’ means a building or mining operation, making a material change in the use or appearance of a structure or land, dividing land into two or more parcels, including partitions and…”
Willamette Oaks, LLC v. City of Eugene, 220 P.3d 445 (Or. Ct. App. 2009). “” Furthermore, under that statute, a local government may include in its approval of a zone change application “such conditions as are authorized by ORS 227.215 or any city legislation.” Here, however, in addition to imposing a condition on its approval of the zone change, the…”
— Or. Rev. Stat. § 227.215(1) — 4 cases
Thunderbird Mobile Club, LLC v. City of Wilsonville, 228 P.3d 650 (Or. Ct. App. 2010). “090(l)(a)(C) (authority of city planning commission to establish zoning districts); ORS 227.215(1) (authority of city to adopt development ordinances that regulate “making a material change in the use * * * of* * * land”); ORS 197.”
State ex rel. Schrodt v. Jackson Cnty., 324 P.3d 615 (Or. Ct. App. 2014). “*447 Further, although it does not supply the definition of “development” for purposes ofORS chapter 215, ORS 227.215— which defines “development” in the context of describing the land use ordinances that cities are permitted to enact— indicates that the word “development” in…”
Roberts v. City of Cannon Beach (A184314), 334 Or. App. 762 (Or. Ct. App. 2024). “Applicants point to the definition of “development” contained in ORS 227.215 as relevant context to argue that the term “development of housing” applies to vehicular access to residences.”
Roberts v. City of Cannon Beach (A184314), 557 P.3d 1143 (Or. Ct. App. 2024). “Applicants point to the definition of “development” contained in ORS 227.215 as relevant context to argue that the term “development of housing” applies to vehicular access to residences.”
— Or. Rev. Stat. § 227.215(2) — 2 cases
Dept. of Trans. v. Lundberg, 825 P.2d 641 (Or. 1992). “2 ORS 227.215(2) provides: “A ciiy may plan and otherwise encourage and regulate the development of land.”
Carlsen v. City of Portland, 8 P.3d 234 (Or. Ct. App. 2000). “Relatedly, ORS 227.215 provides, in material part: “(1) As used in this section, ‘development’ means a building or mining operation, making a material change in the use or appearance of a structure or land, dividing land into two or more parcels, including partitions and…”
— Or. Rev. Stat. § 227.215(3) — 1 case
Carlsen v. City of Portland, 8 P.3d 234 (Or. Ct. App. 2000). “Relatedly, ORS 227.215 provides, in material part: “(1) As used in this section, ‘development’ means a building or mining operation, making a material change in the use or appearance of a structure or land, dividing land into two or more parcels, including partitions and…”
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