92.176 Validation of unit of land not lawfully established
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/or/ors-chapter-92/subdivisions-and-partitions/92-176·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
92.176 Validation of unit of land not lawfully established.
(1)A county or city may approve an application to validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unit of land if the unit of land:
(a)Is not a lawfully established unit of land; and
(b)Could have complied with the applicable criteria for the creation of a lawfully established unit of land in effect when the unit of land was sold.
(2)Notwithstanding subsection (1)(b) of this section, a county or city may approve an application to validate a unit of land under this section if the county or city approved a permit, as defined in ORS 215.402 or 227.160, respectively, for the construction or placement of a dwelling or other building on the unit of land after the sale. If the permit was approved for a dwelling, the county or city must determine that the dwelling has:
(a)Intact exterior walls and roof structure;
(b)Indoor plumbing consisting of a kitchen sink, a toilet and bathing facilities connected to a sanitary waste disposal system;
(c)Interior wiring for interior lights; and
(d)A heating system.
(3)A county or city may approve an application for a permit, as defined in ORS 215.402 or 227.160, respectively, or a permit under the applicable state or local building code for the continued use of a dwelling or other building on a unit of land that was not lawfully established if:
(a)The dwelling or other building was lawfully established prior to January 1, 2007; and
(b)The permit does not change or intensify the use of the dwelling or other building.
(4)An application to validate a unit of land under this section is an application for a permit, as defined in ORS 215.402 or 227.160. An application to a county under this section is not subject to the minimum lot or parcel sizes established by ORS 215.780.
(5)A unit of land becomes a lawfully established parcel when the county or city validates the unit of land under this section if the owner of the unit of land causes a partition plat to be recorded within 365 days after the date the county or city validates the unit of land.
(6)A county or city may not approve an application to validate a unit of land under this section if the unit of land was unlawfully created on or after January 1, 2007.
(7)Development or improvement of a parcel created under subsection
(5)of this section must comply with the applicable laws in effect when a complete application for the development or improvement is submitted as described in ORS 215.427 (3)(a) or 227.178 (3)(a). [2007 c.866 §2; 2021 c.237 §1; 2023 c.301 §4]