Oregon Communities
For a Voice In Annexations
Is Oregon's home rule dead?
Posted on 2019-09-11
Since 1906, the Oregon Constitution has guaranteed Municipal Home Rule and Self-governance, granting voters the power to enact and amend their own Municipal (City) Charters. Citizen involvement is a required part of land use planning, as mandated in Goal #1 of Oregon's Statewide Land Use Laws. The mandate requires “the opportunity for citizens to be involved in all phases of the planning process.”
That guarantee is being systematically demolished by recent Legislative action. Goal #1 is under attack by development interest and lobbying groups. The outcome has effectively removed the public from the public's business under the guise of affordable housing.
What Happened?
On June 30, 2019, the last day of the legislative session, House Bill 2001 was passed with a phony emergency clause. Like Senate Bill 1573, also passed with an emergency clause, repealing over 30 City VOA Charters' Amendments guaranteeing citizens a Vote on annexations and other cost-of-growth-related issues. HB 2001 was passed with the intent to further remove citizen involvement from land use decisions, a clear violation of the Oregon Constitution and Oregon's Statewide Land Use Planning Goals.
Under SB 1573, cities are required to annex land in their urban growth boundaries by City Ordinance rather than by a vote of the people. Under HB 2001, local governments lose control of setting their own zoning and ordinance requirements in cities with over 10,000 population. Those zoning ordinance requirements are now being directed by Salem and moneyed development interests!
House Bill 2001 is somewhat unique when compared with SB 1573 as it forces cities and their voters to amend codes and develop housing in specific ways, all of which adds to the growing list of unfunded mandates where taxpayers fund but do not control community development. This sets the stage for rampant, uncontrolled community growth and unsustainable taxes to support the costs of development.
Here's what's at stake with HB 2001:
- Cities and counties will be required to conform to State-mandated model code, removing Home Rule governance as allowed by Article XI, Section 2 of the Oregon Constitution, voiding citizens' rights to participate in Land Use planning.
- Allows building of multi-dwelling complexes in single-family dwelling zones.
- Allows attorney's fees to be awarded for prevailing applicants proposing multi-dwelling units if applications are denied.
- Prohibits conditional use approval of Accessory Dwelling Units regarding parking requirements and owner occupancy allowing for road congestion and unregulated rental opportunity in residential areas.
- Prohibits collection of System Development Charges from developers until occupancy permits are issued, forcing cities to bear up-front the costs of needed infrastructure.
- Since it was declared an emergency, some of these new mandates from Salem are effective immediately.
“More than 50 Oregon cities, including virtually the entire Portland area, will no longer be able to limit neighborhoods to single-family homes. House Bill 2001 requiring cities with a population over 10,000 to allow a duplex wherever they would allow a single-family house. Cities over 25,000 would also have to allow townhomes, triplexes, quad-plexes and cottage clusters.” Where is the “League of Oregon Cities” on this issue? Is the “Association of Oregon Counties” next on Salem's hit list?
In direct violation of the Oregon Constitution, HB 2001 and SB 1573 deny citizens (taxpayers) a meaningful voice concerning home rule. HB 2001 and SB 1573 remove your right to protect our communities from ill-conceived annexations and unwanted development.
Corvallis and Philomath are suing Governor Brown and the State over SB 1573, which clearly violates the home rule provisions. (Court of Appeals Case A164595)
Zoning and Ordinance mandates from Salem will be the end of “Home Rule and Self-Governance”.
Will Oregonians defend the Constitution, the rule of law and their community's quality of life? Or is our Constitution not worth the paper it's written on?
Jeffrey R. Lamb
Long-time Philomath businessman and community activist
Co-Chair, Oregon Communities for a Voice in Annexations (OCVA)
Updated September 14, 2019