Clear and Objective Land Use Applications

What is a Clear and Objective land use application?

  • Starting in 2017, a series of laws were passed by Oregon to boost housing supply. Senate Bill (SB) 1051 requires cities to approve housing development applications in urban growth boundaries if they meet "clear and objective standards," including design rules in the city’s comprehensive plan or land use laws.
  • In 2023, ORS 197A.400 (formerly ORS 197.307) was introduced through House Bill (HB) 3197. It extended these clear and objective standards to:
    • Unincorporated communities acknowledged in a county’s comprehensive plan after December 5, 1994.
    • Non-resource lands.
    • Areas zoned for rural residential use per ORS 215.501.
  • Local governments must now provide clear and objective standards for housing project applications, avoiding potential complications or delays caused by vague criteria like "adequate public facilities" or "compatible with..." These new standards have been incorporated throughout Deschutes County Code.
  • In most cases, Deschutes County Code offers both clear and objective and general/discretionary standards to applicants.
  • Applicants submitting projects related to housing must specify on their application under which standards they want to be reviewed: clear and objective or general/discretionary (see DCC 22.08.040).
 

 

Frequently Asked Questions

Can I have my project reviewed under a mix of standards? (Some Clear and Objective, some Discretionary?)

No. Applications must be reviewed under one selected set of standards: either clear and objective or discretionary. If you choose to switch standards after applying, it will require as a modification under DCC 22.20.055 and incur an additional fee.

Category: Clear and Objective
Will these updates result in my application being reviewed faster?

Not automatically. Choosing clear and objective standards might prevent discretionary delays, but it doesn't guarantee faster processing. Applications are reviewed in the order they are received. Clear compliance with clear and objective standards might reduce the chance of appeals.

Category: Clear and Objective
Is there a difference in application fees based on the standards I choose?

No, the fees remain the same regardless of the chosen application path.

Category: Clear and Objective
Are there other considerations?

Our Community Development Department can explain the different review paths but can't advise which is best for you. For decisions involving time, cost, and risk, discuss these with a land use consultant or attorney.

Category: Clear and Objective
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