2007 Oregon Code - Chapter 197 :: Chapter 197 - Comprehensive Land Use Planning Coordination
Chapter 197 —
2007 EDITION
MISCELLANEOUS MATTERS
GENERAL PROVISIONS
(Temporary provisions relating to Oregon Task Force on Land Use
Planning are compiled as notes preceding ORS 197.005)
197.005Â Â Â Â Legislative
findings
197.010Â Â Â Â Policy
197.013Â Â Â Â Implementation
and enforcement are of statewide concern
197.015Â Â Â Â Definitions
for ORS chapters 195, 196 and 197
197.020Â Â Â Â Land
use decision considerations
197.022Â Â Â Â Policy
regarding ORS 215.433 and 227.184
LAND CONSERVATION AND DEVELOPMENT COMMISSION
197.030Â Â Â Â Land
Conservation and Development Commission; members; appointment; confirmation;
term; vacancies
197.035Â Â Â Â Officers;
quorum; compensation and expenses
197.040Â Â Â Â Duties
of commission; rules
197.045Â Â Â Â Powers
of commission
197.047Â Â Â Â Notice
to local governments and property owners of changes to commission rules or
certain statutes; form; distribution of notice; costs
197.050Â Â Â Â Interstate
agreements and compacts; commission powers
197.060Â Â Â Â Biennial
report; draft submission to legislative committee; contents
197.065Â Â Â Â Biennial
report analyzing uses of certain land; annual local government reports
197.070Â Â Â Â Public
inspection of assessments prepared by commission
DEPARTMENT OF LAND CONSERVATION AND
DEVELOPMENT
197.075Â Â Â Â Department
of Land Conservation and Development
197.085Â Â Â Â Director;
appointment; compensation and expenses
197.090Â Â Â Â Duties
and authority of director; appealing local land use decision; rules
197.095Â Â Â Â Land
Conservation and Development Account
ADVISORY COMMITTEES
197.160Â Â Â Â State
Citizen Involvement Advisory Committee; city and county citizen advisory
committees
197.165Â Â Â Â Local
Officials Advisory Committee
COMPREHENSIVE PLANNING RESPONSIBILITIES
197.175Â Â Â Â CitiesÂ’
and countiesÂ’ planning responsibilities; rules on incorporations; compliance
with goals
197.178Â Â Â Â Development
applications; urban residential density; reporting to Department of Land
Conservation and Development
197.180Â Â Â Â State
agency planning responsibilities; certain information to be submitted to
department; determination of compliance with goals and plans; rules; exceptions
197.183Â Â Â Â Local
government to notify Department of Aviation of applications received for
certain water impoundments
197.186Â Â Â Â Removal
from buildable lands inventory of land subject to open space tax assessment;
reapplication for assessment
197.195Â Â Â Â Limited
land use decision; procedures
197.200Â Â Â Â Refinement
plan; procedures for land division, site or design review within area subject
to plan
GOALS COMPLIANCE
197.225Â Â Â Â Preparation;
adoption
197.230Â Â Â Â Considerations;
finding of need required for adoption or amendment of goal
197.235Â Â Â Â Public
hearings; notice; citizen involvement implementation; submission of proposals
197.240Â Â Â Â Commission
action; public hearing; notice; amendment; adoption
197.245Â Â Â Â Commission
amendment of initial goals; adoption of new goals
197.250Â Â Â Â Compliance
with goals required
197.251Â Â Â Â Compliance
acknowledgment; commission review; rules; limited acknowledgment; compliance
schedule
197.253Â Â Â Â Participation
in local proceedings required for submitting comments and objections
197.254Â Â Â Â Bar
to contesting acknowledgment, appealing or seeking amendment
197.265Â Â Â Â State
compensation for costs of defending compliance actions
197.270Â Â Â Â Copies
of comprehensive plan and land use regulations; post review
197.274Â Â Â Â Review
of Metro regional framework plan
197.277Â Â Â Â Oregon
Forest Practices Act; exclusion
197.279Â Â Â Â Approved
wetland conservation plans comply with goals; exception; rules
197.283Â Â Â Â Commission
to assure protection of ground water resources
NEEDED HOUSING IN URBAN GROWTH AREAS
197.295Â Â Â Â Definitions
for ORS 197.295 to 197.314 and 197.475 to 197.490
197.296Â Â Â Â Factors
to establish sufficiency of buildable lands within urban growth boundary;
analysis and determination of residential housing patterns
197.298Â Â Â Â Priority
of land to be included within urban growth boundary
197.299Â Â Â Â Metropolitan
service district analysis of buildable land supply; schedule for accommodating
needed housing; need for land for school; extension of schedule
197.301Â Â Â Â Metropolitan
service district report of performance measures
197.302Â Â Â Â Metropolitan
service district determination of buildable land supply; corrective action;
enforcement
197.303    “Needed
housing” defined
197.304Â Â Â Â
197.307Â Â Â Â Effect
of need for certain housing in urban growth areas; approval standards for
certain residential development; placement standards for approval of
manufactured dwellings
197.309Â Â Â Â Local
ordinances or approval conditions may not effectively establish housing sale
price or designate class of purchasers; exception
197.312Â Â Â Â Limitation
on city and county authority to prohibit certain kinds of housing, including
farmworker housing; real estate sales office
197.313Â Â Â Â Interpretation
of ORS 197.312
197.314Â Â Â Â Required
siting of manufactured homes; minimum lot size; approval standards
ENFORCEMENT OF PLANNING REQUIREMENTS
197.319Â Â Â Â Procedures
prior to request of an enforcement order
197.320Â Â Â Â Power
of commission to order compliance with goals and plans
197.324Â Â Â Â Proceedings
prior to order of compliance with goals; disclosure notice
197.328Â Â Â Â Procedures
to consider order to comply with goals
197.335Â Â Â Â Order
for compliance with goals; review of order; withholding grant funds;
injunctions
197.340Â Â Â Â Weight
given to goals in planning practice; regional diversity and needs
197.350Â Â Â Â Burden
of persuasion or proof in appeal to board or commission
197.353Â Â Â Â Measure
37 timelines; death of claimant
EXPEDITED LAND DIVISIONS
197.360    “Expedited
land division” defined; applicability
197.365Â Â Â Â Application
for expedited land division; notice requirements; procedure
197.370Â Â Â Â Failure
of local government to approve or deny application within specified time
197.375Â Â Â Â Appeal
of decision on application for expedited land division; notice requirements;
standards for review; procedure; costs
197.380Â Â Â Â Application
fees for expedited land division
ACTIVITIES ON
197.390Â Â Â Â Activities
on federal land; list; permit required; enjoining violations
197.395Â Â Â Â Application
for permit; review and issuance; conditions; restrictions; review
AREAS OF CRITICAL CONCERN
197.405Â Â Â Â Designation
of areas of critical state concern; commission recommendation; committee
review; approval by Legislative Assembly
197.410Â Â Â Â Use
and activities regulated; enjoining violations
197.430Â Â Â Â Enforcement
powers
SITING
197.431Â Â Â Â Expansion
of speedway destination site
197.432Â Â Â Â Definitions
for ORS 197.431 to 197.434
197.433Â Â Â Â Development
of major motor speedway
197.434Â Â Â Â Traffic
impacts of speedway destination
SITING OF DESTINATION RESORTS
197.435Â Â Â Â Definitions
for ORS 197.435 to 197.467
197.440Â Â Â Â Legislative
findings
197.445Â Â Â Â Destination
resort criteria; phase-in requirements; annual accounting
197.450Â Â Â Â Siting
without taking goal exception
197.455Â Â Â Â Siting
of destination resorts; sites from which destination resort excluded
197.460Â Â Â Â Compatibility
with adjacent land uses; county measures
197.462Â Â Â Â Use
of land excluded from destination resort
197.465Â Â Â Â Comprehensive
plan implementing measures
197.467Â Â Â Â Conservation
easement to protect resource site
MOBILE HOME, MANUFACTURED DWELLING AND RECREATIONAL VEHICLE PARKS
197.475Â Â Â Â Policy
197.480Â Â Â Â Planning
for parks; procedures; inventory
197.485Â Â Â Â Prohibition
on restrictions of manufactured dwelling
197.490Â Â Â Â Restriction
on establishment of park
197.492Â Â Â Â Definitions
for ORS 197.492 and 197.493
197.493Â Â Â Â Placement
and occupancy of recreational vehicle
MORATORIUM ON CONSTRUCTION OR LAND
DEVELOPMENT
197.505Â Â Â Â Definitions
for ORS 197.505 to 197.540
197.510Â Â Â Â Legislative
findings
197.520Â Â Â Â Manner
of declaring moratorium
197.522Â Â Â Â Local
government to approve subdivision, partition or construction; conditions
197.524Â Â Â Â Local
government to adopt moratorium or public facilities strategy following pattern
or practice of delaying or stopping issuance of permits
197.530Â Â Â Â Correction
program; procedures
197.540Â Â Â Â Review
by Land Use Board of Appeals
POST-ACKNOWLEDGMENT PROCEDURES
197.610Â Â Â Â Local
government notice of proposed amendment or new regulation; exceptions; report
to commission
197.615Â Â Â Â Local
government notice of adopted amendment or new regulation; content; notice by
director
197.620Â Â Â Â Who
may appeal
197.625Â Â Â Â When
amendment or new regulation considered acknowledged; application prior to
acknowledgment
197.626Â Â Â Â Expanding
urban growth boundary or designating urban or rural reserves subject to
periodic review
197.628Â Â Â Â Periodic
review; policy; conditions that indicate need for periodic review
197.629Â Â Â Â Schedule
for periodic review; coordination
197.631Â Â Â Â Commission
to amend regulations to facilitate periodic review
197.633Â Â Â Â Two
phases of periodic review; rules; appeal of decision on work program; schedule
for completion; extension of time on appeal
197.636Â Â Â Â Procedures
and actions for failure to meet periodic review deadlines
197.637Â Â Â Â Department
of Land Conservation and Development may request review by Housing and
Community Services Department of certain local housing measures
197.638Â Â Â Â Department
of Land Conservation and Development may request review by Economic and
Community Development Department of local inventory and analysis of industrial
and commercial land
197.639Â Â Â Â State
assistance teams; alternative coordination process; grant and technical
assistance funding; advisory committee
197.644Â Â Â Â Modification
of work program; commission jurisdiction and rules
197.646Â Â Â Â Implementation
of new or amended goals, rules or statutes; rules
197.649Â Â Â Â Fees
for notice; establishment by rules
197.650Â Â Â Â Appeal
to Court of Appeals; standing; petition content and service
197.651Â Â Â Â Appeal
to Court of Appeals for coordinated designation of urban and rural reserves
COLLABORATIVE REGIONAL PROBLEM SOLVING
197.652Â Â Â Â Establishing
regional problem-solving programs
197.654Â Â Â Â Regional
problem solving; coordination
197.656Â Â Â Â Commission
acknowledgment of comprehensive plans not in compliance with goals;
participation by state agencies; commission review of implementing regulations
and plan amendments; use of resource lands
197.658Â Â Â Â Modifying
local work plan
SPECIAL RESIDENCES
197.660Â Â Â Â Definitions
197.663Â Â Â Â Legislative
findings
197.665Â Â Â Â Locations
of residential homes
197.667Â Â Â Â Location
of residential facility; application and supporting documentation
197.670Â Â Â Â Zoning
requirements and prohibitions for residential homes and residential facilities
FARMWORKER HOUSING
197.677Â Â Â Â Policy
197.680Â Â Â Â Legislative
findings
197.685Â Â Â Â Location
of farmworker housing; approval standards
ECONOMIC DEVELOPMENT
197.707Â Â Â Â Legislative
intent
197.712Â Â Â Â Commission
duties; comprehensive plan provisions; public facility plans; state agency
coordination plans; compliance deadline; rules
197.713Â Â Â Â Industrial
development on industrial lands outside urban growth boundaries; exceptions
197.714Â Â Â Â Cooperation
of county and city concerning industrial development
197.717Â Â Â Â Technical
assistance by state agencies; information from Economic and Community
Development Department; model ordinances; rural economic development
197.719Â Â Â Â Industrial
use of abandoned or diminished mill sites; amendment of comprehensive plans and
land use regulations; sewer facilities
GOAL EXCEPTIONS
197.732Â Â Â Â Goal
exceptions; criteria; rules; review
197.736Â Â Â Â Commission
implementation of ORS 197.340 and 197.732; rules
MISCELLANEOUS
197.747Â Â Â Â Meaning
of “compliance with the goals” for certain purposes
197.752Â Â Â Â Lands
available for urban development
197.754Â Â Â Â Land
identified for urban services; capital improvement plan; tax assessment
197.756Â Â Â Â Farm
use assessment in area identified for urban services
197.757Â Â Â Â Acknowledgment
deadline for newly incorporated cities
197.763Â Â Â Â Conduct
of local quasi-judicial land use hearings; notice requirements; hearing
procedures
197.764Â Â Â Â Application
to remove property from within urban growth boundary; conditions
197.766Â Â Â Â Laws
applicable to certain local decisions regarding urban growth boundary
197.768Â Â Â Â Local
government or special district adoption of public facilities strategy; public
hearing; written findings
197.770Â Â Â Â Firearms
training facilities
197.772Â Â Â Â Consent
for designation as historic property
197.794Â Â Â Â Notice
to railroad company upon certain applications for land use decision, limited
land use decision or expedited land use decision
197.796Â Â Â Â Applicant
for certain land use decisions may accept and appeal condition imposed on
application; procedure; attorney fees
LAND USE BOARD OF APPEALS
197.805Â Â Â Â Policy
on review of land use decisions
197.810Â Â Â Â Land
Use Board of Appeals; appointment and removal of members; qualifications
197.815Â Â Â Â Office
location; proceedings may be conducted by telephone
197.820Â Â Â Â Duty
to conduct review proceedings; authority to issue orders; rules
197.825Â Â Â Â Jurisdiction
of board; limitations; effect on circuit court jurisdiction
197.828Â Â Â Â Board
review of limited land use decision
197.829Â Â Â Â Board
to affirm certain local government interpretations
197.830Â Â Â Â Review
procedures; standing; fees; deadlines; rules; issues subject to review;
attorney fees and costs; publication of orders; mediation
197.831Â Â Â Â Clear
and objective approval standards; burden of proof
197.832Â Â Â Â Board
Publications Account
197.835Â Â Â Â Scope
of review; rules
197.840Â Â Â Â Exceptions
to deadline for final decision
197.845Â Â Â Â Stay
of decision being reviewed; criteria; undertaking; conditions; limitations
197.850Â Â Â Â Judicial
review of board order; procedures; scope of review; attorney fees; undertaking
197.855Â Â Â Â Deadline
for final court order; exceptions
197.860Â Â Â Â Stay
of proceedings to allow mediation
GENERAL PROVISIONS
     Note: Sections 1, 2 and 3, chapter 703, Oregon
Laws 2005, provide:
     Sec.
1. (1) There is created the
Oregon Task Force on Land Use Planning consisting of 10 members who are
knowledgeable about
     (2) The purpose of the task force is to
study and make recommendations on:
     (a) The effectiveness of Oregon’s land use
planning program in meeting current and future needs of Oregonians in all parts
of the state;
     (b) The respective roles and
responsibilities of state and local governments in land use planning; and
     (c) Land use issues specific to areas
inside and outside urban growth boundaries and the interface between areas
inside and outside urban growth boundaries.
     (3) The task force shall:
     (a) Conduct public meetings;
     (b) Survey citizens;
     (c) Gather comprehensive information
necessary for the task force to carry out its purpose under subsection (2) of
this section;
     (d) Provide information regarding the
current land use planning program as needed to inform the publicÂ’s discussion;
and
     (e) Develop legislation for recommendation
to the Seventy-fourth Legislative Assembly and the Seventy-fifth Legislative
Assembly.
     (4) The task force is subject to the
provisions of ORS 171.605 to 171.635 and has the authority contained in ORS
171.505 and 171.510. However, notwithstanding ORS 171.615:
     (a) The duration of the task force is
extended through the date the final report is submitted pursuant to subsection
(10) of this section or January 2, 2010, whichever is later; and
     (b) The term of appointment is four years.
     (5) The Department of Land Conservation
and Development shall provide staff support to the task force and may, as
necessary, hire staff or consultants to assist the task force in the
performance of its duties.
     (6) Agencies of state government, as
defined in ORS 174.111, are directed to assist the task force in the
performance of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish information and advice as the members of the task
force consider necessary to perform their duties.
     (7) A majority of the members of the task
force constitutes a quorum for the transaction of business.
     (8) Official action by the task force
requires the approval of a majority of the members of the task force.
     (9) The task force shall elect one of its
members to serve as chairperson.
     (10) The task force shall submit:
     (a) A preliminary report to the Governor,
the President of the Senate and the Speaker of the House of Representatives
within three months after the creation of the task force, informing the
Governor, the President of the Senate and the Speaker of the House of
Representatives of the task forceÂ’s work plan.
     (b) A progress report, including any
recommendations for legislation, to the Seventy-fourth Legislative Assembly,
the Governor and the Land Conservation and Development Commission, in the
manner provided by ORS 192.245, no later than February 1, 2007.
     (c) A final report, including any
recommendations for legislation, to the Seventy-fifth Legislative Assembly, the
Governor and the commission, in the manner provided by ORS 192.245, no later
than February 1, 2009. The final report must describe in detail the task forceÂ’s
findings regarding the effectiveness of
     (11) Members of the task force who are not
members of the Legislative Assembly are not entitled to compensation, but may
be reimbursed for actual and necessary travel and other expenses incurred by
them in the performance of their official duties, in the manner and amounts
provided for in ORS 292.495. Claims for expenses shall be paid out of funds
appropriated to the department for that purpose. [2005 c.703 §1]
     Sec.
2. (1) The Department of
Land Conservation and Development may accept contributions of moneys and
assistance from the United States Government or its agencies or from any other
source, public or private, and may agree to conditions placed on the moneys not
inconsistent with the purposes of section 1 of this 2005 Act.
     (2) Moneys received by the department
under this section must be paid into the State Treasury and deposited in the
General Fund to the credit of the department. The moneys are appropriated
continuously to the department for the purpose of carrying out the provisions
of section 1 of this 2005 Act. [2005 c.703 §2]
     Sec.
3. Sections 1 and 2 of this
2005 Act are repealed on January 2, 2010. [2005 c.703 §3]
     197.005
Legislative findings. The
Legislative Assembly finds that:
     (1) Uncoordinated use of lands within this
state threatens the orderly development, the environment of this state and the
health, safety, order, convenience, prosperity and welfare of the people of
this state.
     (2) To promote coordinated administration
of land uses consistent with comprehensive plans adopted throughout the state,
it is necessary to establish a process for the review of state agency, city,
county and special district land conservation and development plans for
compliance with goals.
     (3) Except as otherwise provided in
subsection (4) of this section, cities and counties should remain as the
agencies to consider, promote and manage the local aspects of land conservation
and development for the best interests of the people within their jurisdictions.
     (4) The promotion of coordinated statewide
land conservation and development requires the creation of a statewide planning
agency to prescribe planning goals and objectives to be applied by state
agencies, cities, counties and special districts throughout the state.
     (5) City and county governments are
responsible for the development of local comprehensive plans. The purpose of
ORS 195.065, 195.070 and 195.075 is to enhance coordination among cities,
counties and special districts to assure effectiveness and efficiency in the
delivery of urban services required under those local comprehensive plans. [1973
c.80 §1; 1977 c.664 §1; 1981 c.748 §21; 1993 c.804 §2a; 1999 c.348 §1]
     197.010
Policy. The Legislative
Assembly declares that:
     (1) In order to assure the highest
possible level of livability in
     (a) Must be adopted by the appropriate
governing body at the local and state levels;
     (b) Are expressions of public policy in
the form of policy statements, generalized maps and standards and guidelines;
     (c) Shall be the basis for more specific
rules and land use regulations which implement the policies expressed through
the comprehensive plans;
     (d) Shall be prepared to assure that all
public actions are consistent and coordinated with the policies expressed
through the comprehensive plans; and
     (e) Shall be regularly reviewed and, if
necessary, amended to keep them consistent with the changing needs and desires
of the public they are designed to serve.
     (2) The equitable balance between state
and local government interests can best be achieved by resolution of conflicts
using alternative dispute resolution techniques such as mediation,
collaborative planning and arbitration. Such dispute resolution techniques are
particularly suitable for conflicts arising over periodic review, comprehensive
plan and land use regulations, amendments, enforcement issues and local
interpretation of state land use policy. [1973 c.80 §2; 1981 c.748 §21a; 1993
c.792 §48]
     197.013
Implementation and enforcement are of statewide concern. Implementation and enforcement of
acknowledged comprehensive plans and land use regulations are matters of
statewide concern. [1981 c.884 §7]
     197.015
Definitions for ORS chapters 195, 196 and 197. As used in ORS chapters 195, 196 and 197,
unless the context requires otherwise:
     (1) “Acknowledgment” means a commission
order that certifies that a comprehensive plan and land use regulations, land
use regulation or plan or regulation amendment complies with the goals or
certifies that Metro land use planning goals and objectives, Metro regional
framework plan, amendments to Metro planning goals and objectives or amendments
to the Metro regional framework plan comply with the statewide planning goals.
     (2) “Board” means the Land Use Board of
Appeals.
     (3) “Carport” means a stationary structure
consisting of a roof with its supports and not more than one wall, or storage
cabinet substituting for a wall, and used for sheltering a motor vehicle.
     (4) “Commission” means the Land
Conservation and Development Commission.
     (5) “Comprehensive plan” means a
generalized, coordinated land use map and policy statement of the governing
body of a local government that interrelates all functional and natural systems
and activities relating to the use of lands, including but not limited to sewer
and water systems, transportation systems, educational facilities, recreational
facilities, and natural resources and air and water quality management
programs. “Comprehensive” means all-inclusive, both in terms of the geographic
area covered and functional and natural activities and systems occurring in the
area covered by the plan. “General nature” means a summary of policies and
proposals in broad categories and does not necessarily indicate specific
locations of any area, activity or use. A plan is “coordinated” when the needs
of all levels of governments, semipublic and private agencies and the citizens
of
     (6) “Department” means the Department of
Land Conservation and Development.
     (7) “Director” means the Director of the
Department of Land Conservation and Development.
     (8) “Goals” means the mandatory statewide
planning standards adopted by the commission pursuant to ORS chapters 195, 196
and 197.
     (9) “Guidelines” means suggested
approaches designed to aid cities and counties in preparation, adoption and
implementation of comprehensive plans in compliance with goals and to aid state
agencies and special districts in the preparation, adoption and implementation
of plans, programs and regulations in compliance with goals. Guidelines shall
be advisory and shall not limit state agencies, cities, counties and special
districts to a single approach.
     (10) “Land use decision”:
     (a) Includes:
     (A) A final decision or determination made
by a local government or special district that concerns the adoption, amendment
or application of:
     (i) The goals;
     (ii) A comprehensive plan provision;
     (iii) A land use regulation; or
     (iv) A new land use regulation;
     (B) A final decision or determination of a
state agency other than the commission with respect to which the agency is
required to apply the goals; or
     (C) A decision of a county planning
commission made under ORS 433.763;
     (b) Does not include a decision of a local
government:
     (A) That is made under land use standards
that do not require interpretation or the exercise of policy or legal judgment;
     (B) That approves or denies a building
permit issued under clear and objective land use standards;
     (C) That is a limited land use decision;
     (D) That determines final engineering
design, construction, operation, maintenance, repair or preservation of a
transportation facility that is otherwise authorized by and consistent with the
comprehensive plan and land use regulations;
     (E) That is an expedited land division as
described in ORS 197.360;
     (F) That approves, pursuant to ORS 480.450
(7), the siting, installation, maintenance or removal of a liquid petroleum gas
container or receptacle regulated exclusively by the State Fire Marshal under
ORS 480.410 to 480.460; or
     (G) That approves or denies approval of a
final subdivision or partition plat or that determines whether a final
subdivision or partition plat substantially conforms to the tentative
subdivision or partition plan;
     (c) Does not include a decision by a
school district to close a school;
     (d) Does not include authorization of an
outdoor mass gathering as defined in ORS 433.735, or other gathering of fewer
than 3,000 persons that is not anticipated to continue for more than 120 hours
in any three-month period; and
     (e) Does not include:
     (A) A writ of mandamus issued by a circuit
court in accordance with ORS 215.429 or 227.179; or
     (B) Any local decision or action taken on
an application subject to ORS 215.427 or 227.178 after a petition for a writ of
mandamus has been filed under ORS 215.429 or 227.179.
     (11) “Land use regulation” means any local
government zoning ordinance, land division ordinance adopted under ORS 92.044
or 92.046 or similar general ordinance establishing standards for implementing
a comprehensive plan.
     (12) “Limited land use decision”:
     (a) Means a final decision or
determination made by a local government pertaining to a site within an urban
growth boundary that concerns:
     (A) The approval or denial of a tentative
subdivision or partition plan, as described in ORS 92.040 (1).
     (B) The approval or denial of an
application based on discretionary standards designed to regulate the physical
characteristics of a use permitted outright, including but not limited to site
review and design review.
     (b) Does not mean a final decision made by
a local government pertaining to a site within an urban growth boundary that
concerns approval or denial of a final subdivision or partition plat or that
determines whether a final subdivision or partition plat substantially conforms
to the tentative subdivision or partition plan.
     (13) “Local government” means any city,
county or metropolitan service district formed under ORS chapter 268 or an
association of local governments performing land use planning functions under
ORS 195.025.
     (14) “Metro” means a metropolitan service
district organized under ORS chapter 268.
     (15) “Metro planning goals and objectives”
means the land use goals and objectives that a metropolitan service district
may adopt under ORS 268.380 (1)(a). The goals and objectives do not constitute
a comprehensive plan.
     (16) “Metro regional framework plan” means
the regional framework plan required by the 1992 Metro Charter or its separate
components. Neither the regional framework plan nor its individual components
constitute a comprehensive plan.
     (17) “New land use regulation” means a
land use regulation other than an amendment to an acknowledged land use
regulation adopted by a local government that already has a comprehensive plan
and land regulations acknowledged under ORS 197.251.
     (18) “Person” means any individual,
partnership, corporation, association, governmental subdivision or agency or
public or private organization of any kind. The Land Conservation and
Development Commission or its designee is considered a person for purposes of
appeal under ORS chapters 195 and 197.
     (19) “Special district” means any unit of
local government, other than a city, county, metropolitan service district
formed under ORS chapter 268 or an association of local governments performing
land use planning functions under ORS 195.025, authorized and regulated by
statute and includes but is not limited to water control districts, domestic
water associations and water cooperatives, irrigation districts, port
districts, regional air quality control authorities, fire districts, school
districts, hospital districts, mass transit districts and sanitary districts.
     (20) “Urban unincorporated community”
means an area designated in a countyÂ’s acknowledged comprehensive plan as an
urban unincorporated community after December 5, 1994.
     (21) “Voluntary association of local
governments” means a regional planning agency in this state officially
designated by the Governor pursuant to the federal Office of Management and
Budget Circular A-95 as a regional clearinghouse.
     (22) “Wetlands” means those areas that are
inundated or saturated by surface or ground water at a frequency and duration
that are sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soil
conditions. [1973 c.80 §3; 1977 c.664 §2; 1979 c.772 §7; 1981 c.748 §1; 1983
c.827 §1; 1989 c.761 §1; 1989 c.837 §23; 1991 c.817 §1; 1993 c.438 §1; 1993
c.550 §4; 1995 c.595 §22; 1995 c.812 §1; 1997 c.833 §20; 1999 c.533 §11; 1999
c.866 §1; 2001 c.955 §§2,3; 2005 c.22 §137; 2005 c.88 §3; 2005 c.239 §2; 2005
c.829 §8; 2007 c.354 §§4,5; 2007 c.459 §§1,2]
     197.020
Land use decision considerations. Age, gender or physical disability shall not be an adverse
consideration in making a land use decision as defined in ORS 197.015. [1987
c.555 §5; 2005 c.22 §138]
     197.022
Policy regarding ORS 215.433 and 227.184. The Legislative Assembly declares that it is in the interest of the
citizens of this state that a process be established to allow the efficient
resolution of all legal issues surrounding the permissible use of private land,
including questions regarding the dismissal of appeals under the legal doctrine
known as ripeness. It is in this interest that the Legislative Assembly enacts
ORS 215.433 and 227.184. [1999 c.648 §5]
     Note: 197.022 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 197 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
LAND
CONSERVATION AND DEVELOPMENT COMMISSION
     197.030
Land Conservation and Development Commission; members; appointment;
confirmation; term; vacancies.
(1) There is established a Land Conservation and Development Commission
consisting of seven members appointed by the Governor, subject to confirmation
by the Senate pursuant to section 4, Article III, Oregon Constitution.
     (2) The Governor shall appoint to the
commission:
     (a) One member representing Clatsop,
Columbia, Coos, Curry, Lincoln and Tillamook Counties and those portions of
Douglas and Lane Counties lying west of the summit of the Coast Range;
     (b) Two members representing Clackamas,
Multnomah and
     (c) One member representing Benton, Linn,
Marion, Polk and Yamhill Counties and that portion of Lane County lying east of
the summit of the Coast Range;
     (d) One member representing
     (e) One member representing Baker, Crook,
Deschutes, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake,
Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco and Wheeler Counties;
and
     (f) One member representing Benton,
Clackamas, Linn, Marion, Multnomah,
     (3) At least one member shall be or have
been an elected city official in
     (4) The term of office of each member of
the commission is four years, but a member may be removed by the Governor for
cause. Before the expiration of the term of a member, the Governor shall
appoint a successor. No person shall serve more than two full terms as a member
of the commission.
     (5) If there is a vacancy for any cause,
the Governor shall make an appointment to become immediately effective for the
unexpired term. [1973 c.80 §5; 1977 c.664 §3; 1981 c.545 §4; 1993 c.792 §49;
1999 c.833 §1]
     197.035
Officers; quorum; compensation and expenses. (1) The Land Conservation and Development Commission shall select one
of its members as chairperson and another member as vice chairperson, for such
terms and with duties and powers necessary for the performance of the functions
of such offices as the commission determines. The vice chairperson of the
commission shall act as the chairperson of the commission in the absence of the
chairperson.
     (2) A majority of the members of the
commission constitutes a quorum for the transaction of business.
     (3) Members of the commission are entitled
to compensation and expenses as provided in ORS 292.495. [1973 c.80 §§7,8]
     197.040
Duties of commission; rules.
(1) The Land Conservation and Development Commission shall:
     (a) Direct the performance by the Director
of the Department of Land Conservation and Development and the directorÂ’s staff
of their functions under ORS chapters 195, 196 and 197.
     (b) In accordance with the provisions of
ORS chapter 183, adopt rules that it considers necessary to carry out ORS
chapters 195, 196 and 197. Except as provided in subsection (3) of this
section, in designing its administrative requirements, the commission shall:
     (A) Allow for the diverse administrative
and planning capabilities of local governments;
     (B) Assess what economic and property
interests will be, or are likely to be, affected by the proposed rule;
     (C) Assess the likely degree of economic impact
on identified property and economic interests; and
     (D) Assess whether alternative actions are
available that would achieve the underlying lawful governmental objective and
would have a lesser economic impact.
     (c)(A) Adopt by rule in accordance with
ORS chapter 183 or by goal under ORS chapters 195, 196 and 197 any statewide
land use policies that it considers necessary to carry out ORS chapters 195,
196 and 197.
     (B) Adopt by rule in accordance with ORS
chapter 183 any procedures necessary to carry out ORS 215.402 (4)(b) and
227.160 (2)(b).
     (C) Review decisions of the Land Use Board
of Appeals and land use decisions of the Court of Appeals and the Supreme Court
within 120 days of the date the decisions are issued to determine if goal or
rule amendments are necessary.
     (d) Cooperate with the appropriate
agencies of the
     (e) Appoint advisory committees to aid it
in carrying out ORS chapters 195, 196 and 197 and provide technical and other
assistance, as it considers necessary, to each such committee.
     (2) Pursuant to ORS chapters 195, 196 and
197, the commission shall:
     (a) Adopt, amend and revise goals
consistent with regional, county and city concerns;
     (b) Prepare, collect, provide or cause to
be prepared, collected or provided land use inventories;
     (c) Prepare statewide planning guidelines;
     (d) Review comprehensive plans for
compliance with goals;
     (e) Coordinate planning efforts of state
agencies to assure compliance with goals and compatibility with city and county
comprehensive plans;
     (f) Insure widespread citizen involvement
and input in all phases of the process;
     (g) Review and recommend to the
Legislative Assembly the designation of areas of critical state concern;
     (h) Report periodically to the Legislative
Assembly and to the committee; and
     (i) Perform other duties required by law.
     (3) The requirements of subsection (1)(b)
of this section shall not be interpreted as requiring an assessment for each
lot or parcel that could be affected by the proposed rule. [1973 c.80 §§9,11;
1977 c.664 §5; 1981 c.748 §22; 1991 c.817 §19; 1993 c.792 §51; 1995 c.299 §1]
     197.045
Powers of commission. The
Land Conservation and Development Commission may:
     (1) Apply for and receive moneys from the
federal government and from this state or any of its agencies or departments.
     (2) Contract with any public agency for
the performance of services or the exchange of employees or services by one to
the other necessary in carrying out ORS chapters 195, 196 and 197.
     (3) Contract for the services of and
consultation with professional persons or organizations, not otherwise
available through federal, state and local governmental agencies, in carrying
out its duties under ORS chapters 195, 196 and 197.
     (4) Perform other functions required to
carry out ORS chapters 195, 196 and 197.
     (5) Assist in development and preparation
of model land use regulations to guide state agencies, cities, counties and
special districts in implementing goals.
     (6) Notwithstanding any other provision of
law, review comprehensive plan and land use regulations related to the
identification and designation of high-value farmland pursuant to chapter 792,
Oregon Laws 1993, under procedures set forth in ORS 197.251. [1973 c.80 §10;
1977 c.664 §6; 1981 c.748 §22a; 1993 c.792 §11]
     Note: Legislative Counsel has substituted “chapter
792, Oregon Laws 1993,” for the words “this 1993 Act” in section 11, chapter
792, Oregon Laws 1993, which amended 197.045. Specific ORS references have not
been substituted, pursuant to 173.160. These sections may be determined by
referring to the 1993 Comparative Section Table located in Volume 20 of ORS.
     197.047
Notice to local governments and property owners of changes to commission rules
or certain statutes; form; distribution of notice; costs. (1) As used in this section, “owner” means
the owner of the title to real property or the contract purchaser of real
property, of record as shown on the last available complete tax assessment
roll.
     (2) At least 90 days prior to the final
public hearing on a proposed new or amended administrative rule of the Land
Conservation and Development Commission described in subsection (10) of this
section, the Department of Land Conservation and Development shall cause the
notice set forth in subsection (3) of this section to be mailed to every
affected local government that exercises land use planning authority under ORS
197.175.
     (3) The notice required in subsection (2)
of this section must:
     (a) Contain substantially the following
language in boldfaced type across the top of the face page extending from the
left margin to the right margin:
______________________________________________________________________________
     This is to notify you that the Land
Conservation and Development Commission has proposed a new or amended
administrative rule that, if adopted, may affect the permissible uses of
properties in your jurisdiction.
______________________________________________________________________________
     (b) Contain substantially the following
language in the body of the notice:
______________________________________________________________________________
     On (date of public hearing), the Land
Conservation and Development Commission will hold a public hearing regarding
adoption of proposed (new or amended) rule (number). Adoption of the rule may
change the zoning classification of properties in your jurisdiction or may
limit or prohibit land uses previously allowed on properties in your
jurisdiction.
     Rule (number) is available for inspection
at the Department of Land Conservation and Development located at (address). A
copy of the proposed rule (number) also is available for purchase at a cost of
$_____.
     For additional information, contact the
Department of Land Conservation and Development at (telephone number).
______________________________________________________________________________
     (4) A local government that receives
notice under subsection (2) of this section shall cause the notice set forth in
subsection (5) of this section to be mailed to every owner of real property
that will be rezoned as a result of the proposed rule. Notice to an owner under
this subsection must be mailed at least 45 days prior to the final public
hearing on the proposed rule.
     (5) The notice required in subsection (4)
of this section must:
     (a) Contain substantially the following
language in boldfaced type across the top of the face page extending from the
left margin to the right margin:
______________________________________________________________________________
     This is to notify you that the Land
Conservation and Development Commission has proposed a new or amended administrative
rule that, if adopted, may affect the permissible uses of your property and
other properties.
______________________________________________________________________________
     (b) Contain substantially the following
language in the body of the notice:
______________________________________________________________________________
     On (date of public hearing), the Land
Conservation and Development Commission will hold a public hearing regarding
adoption of proposed (new or amended) rule (number). Adoption of the rule may
affect the permissible uses of your property, and other properties in the
affected zone, and may change the value of your property.
     Rule (number) is available for inspection
at the Department of Land Conservation and Development located at (address). A
copy of the proposed rule (number) also is available for purchase at a cost of
$_____.
     For additional information, contact the
Department of Land Conservation and Development at (telephone number).
______________________________________________________________________________
     (6) At least 90 days prior to the
effective date of a new or amended statute or administrative rule described in
subsection (10) of this section, the department shall cause the notice set
forth in subsection (7) of this section to be mailed to every affected local
government that exercises land use planning authority under ORS 197.175 unless
the statute or rule is effective within 90 days of enactment or adoption, in
which case the department shall cause the notice to be mailed not later than 30
days after the statute or rule is effective.
     (7) The notice required in subsection (6)
of this section must:
     (a) Contain substantially the following
language in boldfaced type across the top of the face page extending from the
left margin to the right margin:
______________________________________________________________________________
     (Check on the appropriate line:)
     _____This is to notify you that the Land
Conservation and Development Commission has adopted an administrative rule that
may affect the permissible uses of properties in your jurisdiction; or
     _____This is to notify you that the
Legislative Assembly has enacted a land use planning statute that may affect
the permissible uses of properties in your jurisdiction.
______________________________________________________________________________
     (b) Contain substantially the following
language in the body of the notice:
______________________________________________________________________________
     (Check on the appropriate line:)
     _____On (date of rule adoption), the Land
Conservation and Development Commission adopted administrative rule (number).
The commission has determined that this rule may change the zoning
classification of properties in your jurisdiction or may limit or prohibit land
uses previously allowed on properties in your jurisdiction.
     Rule (number) is available for inspection
at the Department of Land Conservation and Development located at (address). A
copy of the rule (number) also is available for purchase at a cost of $_____.
     For additional information, contact the
Department of Land Conservation and Development at (telephone number); or
     _____On (date of enactment) the
Legislative Assembly enacted (House/Senate bill number). The Department of Land
Conservation and Development has determined that enactment of (House/Senate
bill number) may change the zoning classification of properties in your
jurisdiction or may limit or prohibit land uses previously allowed on
properties in your jurisdiction.
     A copy of (House/Senate bill number) is
available for inspection at the Department of Land Conservation and Development
located at (address). A copy of (House/Senate bill number) also is available
for purchase at a cost of $_____.
     For additional information, contact the
Department of Land Conservation and Development at (telephone number).
______________________________________________________________________________
     (8) A local government that receives
notice under subsection (6) of this section shall cause a copy of the notice
set forth in subsection (9) of this section to be mailed to every owner of real
property that will be rezoned as a result of adoption of the rule or enactment
of the statute, unless notification was provided pursuant to subsection (4) of
this section. The local government shall mail the notice to an owner under this
subsection at least 45 days prior to the effective date of the rule or statute
unless the statute or rule is effective within 90 days of enactment or
adoption, in which case the local government shall mail the notice to an owner
under this subsection not later than 30 days after the local government
receives notice under subsection (6) of this section.
     (9) The notice required in subsection (8)
of this section must:
     (a) Contain substantially the following
language in boldfaced type across the top of the face page extending from the
left margin to the right margin:
______________________________________________________________________________
     (Check on the appropriate line:)
     _____This is to notify you that the Land
Conservation and Development Commission has adopted an administrative rule that
may affect the permissible uses of your property and other properties; or
     _____This is to notify you that the
Legislative Assembly has enacted a land use planning statute that may affect
the permissible uses of your property and other properties.
______________________________________________________________________________
     (b) Contain substantially the following
language in the body of the notice:
______________________________________________________________________________
     (Check on the appropriate line:)
     _____On (date of rule adoption), the Land
Conservation and Development Commission adopted administrative rule (number).
The rule may affect the permissible uses of your property, and other properties
in the affected zone, and may change the value of your property.
     Rule (number) is available for inspection
at the Department of Land Conservation and Development located at (address). A
copy of the rule (number) also is available for purchase at a cost of $_____.
     For additional information, contact the
Department of Land Conservation and Development at (telephone number); or
     _____On (date of enactment) the
Legislative Assembly enacted (House/Senate bill number). The Department of Land
Conservation and Development has determined that enactment of (House/Senate
bill number) may affect the permissible uses of your property, and other
properties in the affected zone, and may change the value of your property.
     A copy of (House/Senate bill number) is
available for inspection at the Department of Land Conservation and Development
located at (address). A copy of (House/Senate bill number) also is available
for purchase at a cost of $_____.
     For additional information, contact the
Department of Land Conservation and Development at (telephone number).
______________________________________________________________________________
     (10) The provisions of this section apply
to all statutes and administrative rules of the Land Conservation and
Development Commission that limit or prohibit otherwise permissible land uses
or cause a local government to rezone property. For purposes of this section,
property is rezoned when the statute or administrative rule causes a local
government to:
     (a) Change the base zoning classification
of the property; or
     (b) Adopt or amend an ordinance in a
manner that limits or prohibits land uses previously allowed in the affected
zone.
     (11) The Department of Land Conservation
and Development shall reimburse the local government for:
     (a) The actual costs incurred responding
to questions from the public related to a proposed new or amended
administrative rule of the Land Conservation and Development Commission and to
notice of the proposed rule; and
     (b) All usual and reasonable costs of
providing the notices required under subsection (4) or (8) of this section. [1999
c.1 §5; 2003 c.668 §1]
     197.050
Interstate agreements and compacts; commission powers. Except as provided in ORS 196.150 and
196.155, if an interstate land conservation and development planning agency is
created by an interstate agreement or compact entered into by this state, the
Land Conservation and Development Commission shall perform the functions of
this state with respect to the agreement or compact. If the functions of the
interstate planning agency duplicate any of the functions of the commission
under ORS 195.020 to 195.040, ORS chapter 197 and ORS 469.350, the commission
may:
     (1) Negotiate with the interstate agency
in defining the areas of responsibility of the commission and the interstate
planning agency; and
     (2) Cooperate with the interstate planning
agency in the performance of its functions. [1973 c.80 §12; 1977 c.664 §8; 1987
c.14 §6; 2001 c.672 §5]
     197.055 [1973 c.80 §16; repealed by 1977 c.664 §42]
     197.060
Biennial report; draft submission to legislative committee; contents. (1) Prior to the end of each even-numbered
year, the Department of Land Conservation and Development shall prepare a
written report for submission to the Legislative Assembly of the State of
Oregon describing activities and accomplishments of the department, Land
Conservation and Development Commission, state agencies, local governments and
special districts in carrying out ORS chapters 195, 196 and 197.
     (2) A draft of the report required by
subsection (1) of this section shall be submitted to the appropriate
legislative committee at least 60 days prior to submission of the report to the
Legislative Assembly. Comments of the committee shall be incorporated into the
final report.
     (3) Goals and guidelines adopted by the
commission shall be included in the report to the Legislative Assembly
submitted under subsection (1) of this section.
     (4) The department shall include in its
biennial report:
     (a) A description of its activities
implementing ORS 197.631; and
     (b) An accounting of new statutory, land
use planning goal and rule requirements and local government compliance with
the new requirements pursuant to ORS 197.646. [1973 c.80 §56; 1977 c.664 §9;
1981 c.748 §21b; 2005 c.829 §9; 2007 c.354 §6]
     197.065
Biennial report analyzing uses of certain land; annual local government
reports. (1) Prior to each
legislative session, the Land Conservation and Development Commission shall
submit to the appropriate legislative committee a written report analyzing
applications approved and denied for:
     (a) New and replacement dwellings under:
     (A) ORS 215.213 (1)(e) and (g), (2)(a) and
(b), (3) and (4), 215.283 (1)(e) and (f), 215.284 and 215.705; and
     (B) Any land zoned for forest use under
any statewide planning goal that relates to forestland;
     (b) Divisions of land under:
     (A) ORS 215.263 (2), (4) and (5); and
     (B) Any land zoned for forest use under
any statewide planning goal that relates to forestland;
     (c) Dwellings and land divisions approved
for marginal lands under:
     (A) ORS 215.317 or 215.327; and
     (B) Any land zoned for forest use under
any statewide planning goal that relates to forestland; and
     (d) Such other matters pertaining to
protection of agricultural or forest land as the commission deems appropriate.
     (2) The governing body of each county
shall provide the Department of Land Conservation and Development with a report
of its actions involving those dwellings, land divisions and land designations
upon which the commission must report to the appropriate legislative committee
under subsection (1) of this section. The department shall establish, after
consultation with county governing bodies, an annual reporting period and may
establish a schedule for receiving county reports at intervals within the
reporting period. The report shall be on a standard form with a standardized
explanation adopted by the commission and shall be eligible for grants by the commission.
The report shall include the findings for each action except actions involving:
     (a) Dwellings authorized by ORS 215.213
(1)(e) or 215.283 (1)(e); or
     (b) Land divisions authorized by ORS
215.263 (2) creating parcels as large as or larger than a minimum size
established by the commission under ORS 215.780.
     (3) The governing body of each county
shall, upon request by the department, provide the department with other
information necessary to carry out subsection (1) of this section. [1983 c.826 §13;
1985 c.811 §9; 1987 c.555 §4; 1989 c.107 §1; 1993 c.792 §9; 2001 c.704 §9; 2007
c.354 §7]
     197.070
Public inspection of assessments prepared by commission. The Land Conservation and Development
Commission shall keep on file and available for public inspection the
assessments prepared pursuant to ORS 197.040 and 197.230. [1995 c.299 §3]
DEPARTMENT OF
LAND CONSERVATION AND DEVELOPMENT
     197.075
Department of Land Conservation and Development. The Department of Land Conservation and
Development is established. The department shall consist of the Land
Conservation and Development Commission, the Director of the Department of Land
Conservation and Development and their subordinate officers and employees. [1973
c.80 §4]
     197.080 [1973 c.80 §55; 1977 c.664 §10; 1981 c.748 §21c;
repealed by 2007 c.354 §1]
     197.085
Director; appointment; compensation and expenses. (1) The Land Conservation and Development
Commission shall appoint a person to serve as the Director of the Department of
Land Conservation and Development. The director shall hold the office of the
director at the pleasure of the commission and the salary of the director shall
be fixed by the commission unless otherwise provided by law.
     (2) In addition to salary, the director
shall be reimbursed, subject to any applicable law regulating travel and other
expenses of state officers and employees, for actual and necessary expenses
incurred by the director in the performance of official duties. [1973 c.80 §13]
     197.090
Duties and authority of director; appealing local land use decision; rules. (1) Subject to policies adopted by the Land
Conservation and Development Commission, the Director of the Department of Land
Conservation and Development shall:
     (a) Be the administrative head of the
Department of Land Conservation and Development.
     (b) Coordinate the activities of the
department in its land conservation and development functions with such
functions of federal agencies, other state agencies, local governments and
special districts.
     (c) Appoint, reappoint, assign and
reassign all subordinate officers and employees of the department, prescribe
their duties and fix their compensation, subject to the State Personnel
Relations Law.
     (d) Represent this state before any agency
of this state, any other state or the
     (e) Provide clerical and other necessary
support services for the board.
     (2)(a) Subject to local government
requirements and the provisions of ORS 197.830 to 197.845, the director may
participate in and seek review of a land use decision, expedited land division
or limited land use decision involving the goals, acknowledged comprehensive
plan or land use regulation or other matter within the statutory authority of
the department or commission under ORS chapters 195, 196 and 197. The director
shall report to the commission on each case in which the department
participates and on the positions taken by the director in each case.
     (b) If a meeting of the commission is scheduled
prior to the close of the period for seeking review of a land use decision,
expedited land division or limited land use decision, the director shall obtain
formal approval from the commission prior to seeking review of the decision.
However, if the land use decision, expedited land division or limited land use
decision becomes final less than 15 days before a meeting of the commission,
the director shall proceed as provided in paragraph (c) of this subsection. If
the director requests approval from the commission, the applicant and the
affected local government shall be notified in writing that the director is
seeking commission approval. The director, the applicant and the affected local
government shall be given reasonable time to address the commission regarding
the directorÂ’s request for approval to seek review. The parties shall limit
their testimony to the factors established under subsection (3) of this
section. No other testimony shall be taken by the commission.
     (c) If a meeting of the commission is not
scheduled prior to the close of the period for seeking review of a land use
decision, expedited land division or limited land use decision, at the next
commission meeting the director shall report to the commission on each case for
which the department has sought review. The director shall request formal
approval to proceed with each appeal. The applicant and the affected local
government shall be notified of the commission meeting in writing by the
director. The director, the applicant and the affected local government shall
be given reasonable time to address the commission regarding the directorÂ’s
request for approval to proceed with the appeal. The parties shall limit their
testimony to the factors established under subsection (3) of this section. No
other testimony shall be taken by the commission. If the commission does not
formally approve an appeal, the director shall file a motion with the
appropriate tribunal to dismiss the appeal.
     (d) A decision by the commission under
this subsection is not subject to appeal.
     (e) For purposes of this subsection, “applicant”
means a person seeking approval of a permit, as defined in ORS 215.402 or
227.160, expedited land division or limited land use decision.
     (3) The commission by rule shall adopt a
set of factors for the commission to consider when determining whether to
appeal or intervene in the appeal of a land use decision, expedited land
division or limited land use decision that involves the application of the
goals, acknowledged comprehensive plan, land use regulation or other matter
within the authority of the department or commission under ORS chapters 195,
196 and 197.
     (4) The director may intervene in an
appeal of a land use decision, expedited land division or limited land use
decision brought by another person in the manner provided for an appeal by the
director under subsection (2)(b) and (c) of this section. [1973 c.80 §14; 1979
c.772 §7d; 1981 c.748 §21d; 1983 c.827 §2; 1991 c.817 §20; 1995 c.595 §23; 1999
c.292 §1]
     Note: Section 9a, chapter 607, Oregon Laws 2007,
provides:
     Sec.
9a. The Department of Land
Conservation and Development shall report to the Seventy-fifth Legislative
Assembly in the manner described in ORS 192.245 regarding:
     (1) The provision of sites for affordable
housing development, including sites for manufactured dwelling parks or mobile
home parks, as those terms are defined in ORS 446.003; and
     (2) Proposals to streamline land use
requirements relating to expansion of urban growth boundaries to provide
affordable housing, manufactured dwelling parks and mobile home parks. [2007
c.607 §9a]
     197.095
Land Conservation and Development Account. (1) There is established in the General Fund in the State Treasury the
Land Conservation and Development Account. Moneys in the account are
continuously appropriated for the purpose of carrying out ORS chapters 195, 196
and 197.
     (2) All fees, moneys and other revenue
received by the Department of Land Conservation and Development shall be
deposited in the Land Conservation and Development Account. [1973 c.80 §15;
1977 c.664 §11; 1981 c.748 §21e; 2007 c.354 §8]
     197.125 [1973 c.80 §22; repealed by 2007 c.354 §1]
     197.130 [1973 c.80 §23; 1975 c.530 §6; 1977 c.891 §8;
1981 c.748 §23; 1987 c.158 §33; repealed by 2007 c.354 §1]
     197.135 [1973 c.80 §24; 1981 c.748 §24; repealed by
2007 c.354 §1]
ADVISORY
COMMITTEES
     197.160
State Citizen Involvement Advisory Committee; city and county citizen advisory
committees. (1) To assure
widespread citizen involvement in all phases of the planning process:
     (a) The Land Conservation and Development
Commission shall appoint a State Citizen Involvement Advisory Committee,
broadly representative of geographic areas of the state and of interests
relating to land uses and land use decisions, to develop a program for the
commission that promotes and enhances public participation in the adoption and
amendment of the goals and guidelines.
     (b) Each city and county governing body
shall submit to the commission, on a periodic basis established by commission
rule, a program for citizen involvement in preparing, adopting and amending
comprehensive plans and land use regulations within the respective city and
county. Such program shall at least contain provision for a citizen advisory
committee or committees broadly representative of geographic areas and of
interests relating to land uses and land use decisions.
     (c) The State Citizen Involvement Advisory
Committee appointed under paragraph (a) of this subsection shall review the
proposed programs submitted by each city and county and report to the
commission whether or not the proposed program adequately provides for public
involvement in the planning process, and, if it does not so provide, in what
respects it is inadequate.
     (2) The State Citizen Involvement Advisory
Committee is limited to an advisory role to the commission. It has no express
or implied authority over any local government or state agency. [1973 c.80 §35;
1981 c.748 §25; 1983 c.740 §49]
     197.165
Local Officials Advisory Committee. For the purpose of promoting mutual understanding and cooperation
between the Land Conservation and Development Commission and local government
in the implementation of ORS chapters 195, 196 and 197 and the goals, the
commission shall appoint a Local Officials Advisory Committee. The committee
shall be comprised of persons serving as city or county elected officials and
its membership shall reflect the city, county and geographic diversity of the
state. The committee shall advise and assist the commission on its policies and
programs affecting local governments. [1977 c.664 §7; 1981 c.748 §25a]
COMPREHENSIVE
PLANNING RESPONSIBILITIES
     197.175
CitiesÂ’ and countiesÂ’ planning responsibilities; rules on incorporations;
compliance with goals. (1)
Cities and counties shall exercise their planning and zoning responsibilities,
including, but not limited to, a city or special district boundary change which
shall mean the annexation of unincorporated territory by a city, the
incorporation of a new city and the formation or change of organization of or
annexation to any special district authorized by ORS 198.705 to 198.955,
199.410 to 199.534 or 451.010 to 451.620, in accordance with ORS chapters 195,
196 and 197 and the goals approved under ORS chapters 195, 196 and 197. The Land
Conservation and Development Commission shall adopt rules clarifying how the
goals apply to the incorporation of a
     (2) Pursuant to ORS chapters 195, 196 and
197, each city and county in this state shall:
     (a) Prepare, adopt, amend and revise
comprehensive plans in compliance with goals approved by the commission;
     (b) Enact land use regulations to
implement their comprehensive plans;
     (c) If its comprehensive plan and land use
regulations have not been acknowledged by the commission, make land use
decisions and limited land use decisions in compliance with the goals;
     (d) If its comprehensive plan and land use
regulations have been acknowledged by the commission, make land use decisions
and limited land use decisions in compliance with the acknowledged plan and
land use regulations; and
     (e) Make land use decisions and limited
land use decisions subject to an unacknowledged amendment to a comprehensive
plan or land use regulation in compliance with those land use goals applicable
to the amendment.
     (3) Notwithstanding subsection (1) of this
section, the commission shall not initiate by its own action any annexation of
unincorporated territory pursuant to ORS 222.111 to 222.750 or formation of and
annexation of territory to any district authorized by ORS 198.510 to 198.915 or
451.010 to 451.620. [1973 c.80 §§17,18; 1977 c.664 §12; 1981 c.748 §15; 1983
c.827 §3; 1989 c.761 §18; 1991 c.817 §21; 1993 c.792 §45; 1999 c.348 §4]
     197.178
Development applications; urban residential density; reporting to Department of
Land Conservation and Development. A local government with a comprehensive plan or functional plan
identified in ORS 197.296 (1) shall compile and report annually to the
Department of Land Conservation and Development the following information for
all permit applications received under ORS 227.175:
     (1) The number of applications received
for residential development, including the residential density proposed in the
application and the maximum allowed residential density for the subject zone;
     (2) The number of applications approved,
including the approved density; and
     (3) The date each application was received
and the date it was approved or denied. [1997 c.763 §5]
     197.180
State agency planning responsibilities; certain information to be submitted to
department; determination of compliance with goals and plans; rules;
exceptions. (1) Except as
provided in ORS 197.277 or subsection (2) of this section or unless expressly
exempted by another statute from any of the requirements of this section, state
agencies shall carry out their planning duties, powers and responsibilities and
take actions that are authorized by law with respect to programs affecting land
use:
     (a) In compliance with goals adopted or
amended pursuant to ORS chapters 195, 196 and 197; and
     (b) In a manner compatible with:
     (A) Comprehensive plans and land use
regulations initially acknowledged under ORS 197.251;
     (B) Amendments to acknowledged
comprehensive plans or land use regulations or new land use regulations
acknowledged under ORS 197.625; and
     (C) Amendments to acknowledged
comprehensive plans or land use regulations or new land use regulations
acknowledged through periodic review.
     (2) State agencies need not comply with
subsection (1)(b) of this section if the comprehensive plan or land use
regulations are inconsistent with a state agency plan or program relating to
land use that was not in effect at the time the local plan was acknowledged,
and the agency has demonstrated:
     (a) That the plan or program is mandated
by state statute or federal law;
     (b) That the plan or program is consistent
with the goals;
     (c) That the plan or program has
objectives that cannot be achieved in a manner consistent with the
comprehensive plan and land use regulations; and
     (d) That the agency has complied with its
certified state agency coordination program.
     (3) Upon request by the Land Conservation
and Development Commission, each state agency shall submit to the Department of
Land Conservation and Development the following information:
     (a) Agency rules and summaries of programs
affecting land use;
     (b) A program for coordination pursuant to
ORS 197.040 (2)(e);
     (c) A program for coordination pursuant to
ORS 197.090 (1)(b); and
     (d) A program for cooperation with and
technical assistance to local governments.
     (4) Within 90 days of receipt, the
Director of the Department of Land Conservation and Development shall review
the information submitted pursuant to subsection (3) of this section and shall
notify each agency if the director believes the rules and programs submitted
are insufficient to assure compliance with goals and compatibility with city
and county comprehensive plans and land use regulations.
     (5) Within 90 days of receipt of notification
specified in subsection (4) of this section, the agency may revise the rules or
programs and resubmit them to the director.
     (6) The director shall make findings under
subsections (4) and (5) of this section as to whether the rules and programs
are sufficient to assure compliance with the goals and compatibility with
acknowledged city and county comprehensive plans and land use regulations, and
shall forward the rules and programs to the commission for its action. The
commission shall either certify the rules and programs as being in compliance
with the goals and compatible with the comprehensive plans and land use
regulations of affected local governments or shall determine the same to be
insufficient by December 31, 1990.
     (7) The department shall report to the
appropriate committee of the House and the Senate and to the subcommittee of
the
     (8) Any agency that has failed to meet the
requirements of subsection (6) of this section shall report the reasons
therefor to the appropriate committee of the House and the Senate and to the
subcommittee of the
     (9) Until state agency rules and programs
are certified as being in compliance with the goals and compatible with
applicable city and county comprehensive plans and land use regulations, the
agency shall make findings when adopting or amending its rules and programs as
to the applicability and application of the goals or acknowledged comprehensive
plans, as appropriate.
     (10) The commission shall adopt rules
establishing procedures to assure that state agency permits affecting land use
are issued in compliance with the goals and compatible with acknowledged
comprehensive plans and land use regulations, as required by subsection (1) of
this section. The rules shall prescribe the circumstances in which state
agencies may rely upon a determination of compliance or compatibility made by
the affected city or county. The rules shall allow a state agency to rely upon
a determination of compliance by a city or county without an acknowledged
comprehensive plan and land use regulations only if the city or county
determination is supported by written findings demonstrating compliance with
the goals.
     (11) A state agency required to have a
land use coordination program shall participate in a local government land use
hearing, except a hearing under ORS 197.610 to 197.625, only in a manner that
is consistent with the coordination program, unless the agency:
     (a) Is exempt from coordination program
requirements; or
     (b) Participated in the local government’s
periodic review pursuant to ORS 197.633 and raised the issue that is the basis
for participation in the land use hearing.
     (12) In carrying out programs affecting
land use, a state agency is not compatible with an acknowledged comprehensive
plan if it takes or approves an action that is not allowed under the plan.
However, a state agency may apply statutes and rules which the agency is
required by law to apply in order to deny, condition or further restrict an
action of the state agency or of any applicant before the state agency provided
it applies those statutes and rules to the uses planned for in the acknowledged
comprehensive plan.
     (13) This section does not apply to rules,
programs, decisions, determinations or activities carried out under ORS 527.610
to 527.770, 527.990 (1) and 527.992. [1973 c.80 §21; 1977 c.664 §13; 1981 c.748
§16; 1983 c.827 §4; 1987 c.555 §1; 1987 c.919 §3; 1989 c.761 §19; 1991 c.612 §9;
1995 c.595 §30; 1999 c.622 §8]
     197.183
Local government to notify Department of Aviation of applications received for
certain water impoundments.
(1) A local government shall provide notice to the Oregon Department of
Aviation when the local government or its designee receives an application for
a comprehensive plan amendment, zone change or permit as defined in ORS 215.402
or 227.160 that, if approved, would result in a water impoundment larger than
one-quarter acre within 10,000 feet of an airport identified in ORS 836.610
(1).
     (2) The department has no authority to
make final a determination regarding a new water impoundment described in ORS
836.623. Determinations regarding such impoundments shall be made by local
governments as provided in ORS 836.623. [1997 c.859 §10; 1999 c.935 §19]
     197.185 [1973 c.80 §20; 1977 c.664 §14; 1981 c.748 §26;
1993 c.804 §1; renumbered 195.020 in 1993]
     197.186
Removal from buildable lands inventory of land subject to open space tax
assessment; reapplication for assessment. (1) At periodic review under ORS 197.633 next following approval of an
application under ORS 308A.309, the local government shall remove any lot or
parcel subject to the application from any inventory of buildable lands
maintained by the local government. The local government shall compensate for
the resulting reduction in available buildable lands either by increasing the
development capacity of the remaining supply of buildable lands or by expanding
the urban growth boundary.
     (2) A landowner who wishes to reapply for
current open space use assessment under ORS 308A.306 following the end of the
assessment period shall reapply with the local government as provided in ORS
308A.309. [1999 c.503 §5]
     197.190 [1973 c.80 §19; 1977 c.664 §15; 1981 c.748 §27;
1983 c.350 §1; renumbered 195.025 in 1993]
     197.195
Limited land use decision; procedures. (1) A “limited land use decision” shall be consistent with applicable
provisions of city or county comprehensive plans and land use regulations. Such
a decision may include conditions authorized by law. Within two years of
September 29, 1991, cities and counties shall incorporate all comprehensive
plan standards applicable to limited land use decisions into their land use
regulations. A decision to incorporate all, some, or none of the applicable
comprehensive plan standards into land use regulations shall be undertaken as a
post-acknowledgment amendment under ORS 197.610 to 197.625. If a city or county
does not incorporate its comprehensive plan provisions into its land use
regulations, the comprehensive plan provisions may not be used as a basis for a
decision by the city or county or on appeal from that decision.
     (2) A limited land use decision is not
subject to the requirements of ORS 197.763.
     (3) A limited land use decision is subject
to the requirements of paragraphs (a) to (c) of this subsection.
     (a) In making a limited land use decision,
the local government shall follow the applicable procedures contained within
its acknowledged comprehensive plan and land use regulations and other
applicable legal requirements.
     (b) For limited land use decisions, the
local government shall provide written notice to owners of property within 100
feet of the entire contiguous site for which the application is made. The list
shall be compiled from the most recent property tax assessment roll. For
purposes of review, this requirement shall be deemed met when the local government
can provide an affidavit or other certification that such notice was given.
Notice shall also be provided to any neighborhood or community organization
recognized by the governing body and whose boundaries include the site.
     (c) The notice and procedures used by
local government shall:
     (A) Provide a 14-day period for submission
of written comments prior to the decision;
     (B) State that issues which may provide
the basis for an appeal to the Land Use Board of Appeals shall be raised in
writing prior to the expiration of the comment period. Issues shall be raised
with sufficient specificity to enable the decision maker to respond to the
issue;
     (C) List, by commonly used citation, the
applicable criteria for the decision;
     (D) Set forth the street address or other
easily understood geographical reference to the subject property;
     (E) State the place, date and time that
comments are due;
     (F) State that copies of all evidence
relied upon by the applicant are available for review, and that copies can be obtained
at cost;
     (G) Include the name and phone number of a
local government contact person;
     (H) Provide notice of the decision to the
applicant and any person who submits comments under subparagraph (A) of this
paragraph. The notice of decision must include an explanation of appeal rights;
and
     (I) Briefly summarize the local decision
making process for the limited land use decision being made.
     (4) Approval or denial of a limited land
use decision shall be based upon and accompanied by a brief statement that
explains the criteria and standards considered relevant to the decision, states
the facts relied upon in rendering the decision and explains the justification
for the decision based on the criteria, standards and facts set forth.
     (5) A local government may provide for a
hearing before the local government on appeal of a limited land use decision
under this section. The hearing may be limited to the record developed pursuant
to the initial hearing under subsection (3) of this section or may allow for the
introduction of additional testimony or evidence. A hearing on appeal that
allows the introduction of additional testimony or evidence shall comply with
the requirements of ORS 197.763. Written notice of the decision rendered on
appeal shall be given to all parties who appeared, either orally or in writing,
before the hearing. The notice of decision shall include an explanation of the
rights of each party to appeal the decision. [1991 c.817 §3; 1995 c.595 §1;
1997 c.844 §1]
     197.200
Refinement plan; procedures for land division, site or design review within
area subject to plan. (1) A
local government may convene a land use proceeding to adopt a refinement plan
for a neighborhood or community within its jurisdiction and inside the urban
growth boundary as provided in this section.
     (2) A refinement plan is more detailed
than a comprehensive plan and applies to a specific geographic area. A
refinement plan shall:
     (a) Establish efficient density ranges,
including a minimum and a maximum density for residential land uses;
     (b) Establish minimum and maximum floor
area ratios or site coverage requirements for nonresidential uses;
     (c) Be based on a planning process meeting
statewide planning goals; and
     (d) Include land use regulations to
implement the plan.
     (3) A refinement plan and associated land
use regulations adopted prior to September 9, 1995, may qualify as a refinement
plan if the local government holds a public hearing to gather public comment
and decides to adopt the plan as a refinement plan under this section.
     (4) A local government shall apply the
procedures for expedited land divisions described in ORS 197.360 to 197.380 to
all applications for land division and site or design review located in any
area subject to an acknowledged refinement plan. The review shall include:
     (a) All elements of a local government
comprehensive plan and land use regulations that must be applied in order to
approve or deny any such application; and
     (b) Any planned unit development standards
and any procedures designed to regulate:
     (A) The physical characteristics of
permitted uses;
     (B) The dimensions of the lots to be
created; or
     (C) Transportation, sewer, water, drainage
and other facilities or services necessary for the proposed development.
     (5) Any decision made on a refinement plan
described in subsection (3) of this section shall be appealed only as provided
for appeals of expedited land division decisions in ORS 197.375.
     (6) Refinement plans and implementing
ordinances may be adopted through the post-acknowledgment or periodic review
process. [1995 c.595 §15]
GOALS
COMPLIANCE
     197.225
Preparation; adoption. The
Department of Land Conservation and Development shall prepare and the Land
Conservation and Development Commission shall adopt goals and guidelines for
use by state agencies, local governments and special districts in preparing,
adopting, amending and implementing existing and future comprehensive plans. [1973
c.80 §33; 1981 c.748 §27a]
     197.230
Considerations; finding of need required for adoption or amendment of goal. (1) In preparing, adopting and amending
goals and guidelines, the Department of Land Conservation and Development and
the Land Conservation and Development Commission shall:
     (a) Assess:
     (A) What economic and property interests
will be, or are likely to be, affected by the proposed goal or guideline;
     (B) The likely degree of economic impact
on identified property and economic interests; and
     (C) Whether alternative actions are
available that would achieve the underlying lawful governmental objective and
would have a lesser economic impact.
     (b) Consider the existing comprehensive
plans of local governments and the plans and programs affecting land use of
state agencies and special districts in order to preserve functional and local
aspects of land conservation and development.
     (c) Give consideration to the following
areas and activities:
     (A) Lands adjacent to freeway
interchanges;
     (B) Estuarine areas;
     (C) Tide, marsh and wetland areas;
     (D) Lakes and lakeshore areas;
     (E) Wilderness, recreational and
outstanding scenic areas;
     (F) Beaches, dunes, coastal headlands and
related areas;
     (G) Wild and scenic rivers and related
lands;
     (H) Floodplains and areas of geologic
hazard;
     (I) Unique wildlife habitats; and
     (J) Agricultural land.
     (d) Make a finding of statewide need for
the adoption of any new goal or the amendment of any existing goal.
     (e) Design goals to allow a reasonable
degree of flexibility in the application of goals by state agencies, cities,
counties and special districts.
     (2) Goals shall not be land management
regulations for specified geographic areas established through designation of
an area of critical state concern under ORS 197.405.
     (3) The requirements of subsection (1)(a)
of this section shall not be interpreted as requiring an assessment for each
lot or parcel that could be affected by the proposed rule.
     (4) The commission may exempt cities with
a population less than 10,000, or those areas of a county inside an urban
growth boundary that contain a population less than 10,000, from all or any
part of land use planning goals, guidelines and administrative rules that
relate to transportation planning. [1973 c.80 §34; 1977 c.664 §17; 1981 c.748 §17;
1983 c.740 §50; 1995 c.299 §2; 1999 c.784 §1]
     197.235
Public hearings; notice; citizen involvement implementation; submission of
proposals. (1) In preparing
the goals and guidelines, the Department of Land Conservation and Development
shall:
     (a) Hold at least 10 public hearings
throughout the state, causing notice of the time, place and purpose of each
hearing to be published in a newspaper of general circulation within the area
where the hearing is to be conducted not later than 30 days prior to the date
of the hearing. At least two public hearings must be held in each congressional
district.
     (b) Implement any other provision for
public involvement developed by the State Citizen Involvement Advisory
Committee under ORS 197.160 (1) and approved by the Land Conservation and
Development Commission.
     (2) Upon completion of the preparation of
the proposed goals and guidelines, or amendments to those goals and guidelines,
the department shall submit them to the commission, the Local Officials
Advisory Committee, the State Citizen Involvement Advisory Committee and the appropriate
legislative committee for review.
     (3) The commission shall consider the
comments of the Local Officials Advisory Committee, the State Citizen
Involvement Advisory Committee and the legislative committee before the
adoption and amendment of the goals and guidelines.
     (4) Notwithstanding subsection (1)(a) of
this section, when a legislative enactment or an initiative measure is
inconsistent with the adopted goals and guidelines or directs the commission to
make a specific change to the adopted goals and guidelines, the commission may
amend the goals and guidelines after only one public hearing, at a location
determined by the commission, if the proposed amendment:
     (a) Is necessary to conform the goals and
guidelines to the legislative enactment or the initiative measure; and
     (b) Makes no change other than the
conforming changes unless the change corrects an obvious scrivenerÂ’s error. [1973
c.80 §36; 1981 c.748 §28; 2005 c.147 §1; 2007 c.354 §9]
     197.240
Commission action; public hearing; notice; amendment; adoption. Upon receipt of the proposed goals and
guidelines prepared and submitted to it by the Department of Land Conservation
and Development, the Land Conservation and Development Commission shall:
     (1) Hold at least one public hearing on
the proposed goals and guidelines. The commission shall cause notice of the
time, place and purpose of the hearings and the place where copies of the
proposed goals and guidelines are available before the hearings with the cost
thereof to be published in a newspaper of general circulation in the state not
later than 30 days prior to the date of the hearing. The department shall
supply a copy of its proposed goals and guidelines to the Governor, the
appropriate legislative committee, affected state agencies and special
districts and to each local government without charge. The department shall
provide copies of such proposed goals and guidelines to other public agencies
or persons upon request and payment of the cost of preparing the copies of the
materials requested.
     (2) Consider the recommendations and
comments received from the public hearings conducted under subsection (1) of
this section, make any amendments to the proposed goals and guidelines that it
considers necessary and approve the proposed goals and guidelines as they may
be amended by the commission. [1973 c.80 §37; 1981 c.748 §28a; 2007 c.354 §10]
     197.245
Commission amendment of initial goals; adoption of new goals. The Land Conservation and Development
Commission may periodically amend the initial goals and guidelines adopted
under ORS 197.240 and adopt new goals and guidelines. The adoption of
amendments to or of new goals shall be done in the manner provided in ORS
197.235 and 197.240 and shall specify with particularity those goal provisions
that are applicable to land use decisions, expedited land divisions and limited
land use decisions before plan revision. The commission shall establish the
effective date for application of a new or amended goal. Absent a compelling
reason, the commission shall not require a comprehensive plan, new or amended
land use regulation, land use decision, expedited land division or limited land
use decision to be consistent with a new or amended goal until one year after
the date of adoption. [1973 c.80 §38; 1981 c.748 §29; 1991 c.612 §10; 1991
c.817 §22a; 1995 c.595 §24]
     197.247 [1983 c.826 §2; repealed by 1993 c.792 §55]
     197.250
Compliance with goals required.
Except as otherwise provided in ORS 197.245, all comprehensive plans and land
use regulations adopted by a local government to carry out those comprehensive
plans and all plans, programs, rules or regulations affecting land use adopted
by a state agency or special district shall be in compliance with the goals
within one year after the date those goals are approved by the Land
Conservation and Development Commission. [1973 c.80 §32; 1977 c.664 §19; 1981
c.748 §29a; 1983 c.827 §56a]
     197.251
Compliance acknowledgment; commission review; rules; limited acknowledgment;
compliance schedule. (1)
Upon the request of a local government, the Land Conservation and Development
Commission shall by order grant, deny or continue acknowledgment of compliance
of comprehensive plan and land use regulations with the goals. A commission
order granting, denying or continuing acknowledgment shall be entered within 90
days of the date of the request by the local government unless the commission
finds that due to extenuating circumstances a period of time greater than 90
days is required.
     (2) In accordance with rules of the commission,
the Director of the Department of Land Conservation and Development shall
prepare a report for the commission stating whether the comprehensive plan and
land use regulations for which acknowledgment is sought are in compliance with
the goals. The rules of the commission shall:
     (a) Provide a reasonable opportunity for
persons to prepare and to submit to the director written comments and
objections to the acknowledgment request; and
     (b) Authorize the director to investigate
and in the report to resolve issues raised in the comments and objections or by
the directorÂ’s own review of the comprehensive plan and land use regulations.
     (3) Upon completion of the report and
before the commission meeting at which the directorÂ’s report is to be
considered, the director shall afford the local government and persons who
submitted written comments or objections a reasonable opportunity to file
written exceptions to the report.
     (4) The commission’s review of the
acknowledgment request shall be confined to the record of proceedings before
the local government, any comments, objections and exceptions filed under
subsections (2) and (3) of this section and the report of the director. Upon
its consideration of an acknowledgment request, the commission may entertain oral
argument from the director and from persons who filed written comments,
objections or exceptions. However, the commission shall not allow additional
evidence or testimony that could have been presented to the local government or
to the director but was not.
     (5) A commission order granting, denying
or continuing acknowledgment shall include a clear statement of findings which
sets forth the basis for the approval, denial or continuance of acknowledgment.
The findings shall:
     (a) Identify the goals applicable to the
comprehensive plan and land use regulations; and
     (b) Include a clear statement of findings
in support of the determinations of compliance and noncompliance.
     (6) A commission order granting
acknowledgment shall be limited to an identifiable geographic area described in
the order if:
     (a) Only the identified geographic area is
the subject of the acknowledgment request; or
     (b) Specific geographic areas do not
comply with the applicable goals, and the goal requirements are not technical
or minor in nature.
     (7) The commission may issue a limited
acknowledgment order when a previously issued acknowledgment order is reversed
or remanded by the Court of Appeals or the Oregon Supreme Court. Such a limited
acknowledgment order may deny or continue acknowledgment of that part of the
comprehensive plan or land use regulations that the court found not in
compliance or not consistent with the goals and grant acknowledgment of all
other parts of the comprehensive plan and land use regulations.
     (8) A limited acknowledgment order shall
be considered an acknowledgment for all purposes and shall be a final order for
purposes of judicial review with respect to the acknowledged geographic area. A
limited order may be adopted in conjunction with a continuance or denial order.
     (9) The director shall notify the Real
Estate Agency, the local government and all persons who filed comments or
objections with the director of any grant, denial or continuance of
acknowledgment.
     (10) The commission may grant a planning
extension, which shall be a grant of additional time for a local government to
comply with the goals in accordance with a compliance schedule. A compliance
schedule shall be a listing of the tasks which the local government must
complete in order to bring its comprehensive plan, land use regulations, land
use decisions and limited land use decisions into initial compliance with the
goals, including a generalized time schedule showing when the tasks are
estimated to be completed and when a comprehensive plan or land use regulations
which comply with the goals are estimated to be adopted. In developing a
compliance schedule, the commission shall consider the population, geographic
area, resources and capabilities of the city or county.
     (11) As used in this section:
     (a) “Continuance” means a commission order
that:
     (A) Certifies that all or part of a
comprehensive plan, land use regulations or both a comprehensive plan and land
use regulations do not comply with one or more goals;
     (B) Specifies amendments or other action
that must be completed within a specified time period for acknowledgment to
occur; and
     (C) Is a final order for purposes of
judicial review of the comprehensive plan, land use regulations or both the
comprehensive plan and land use regulations as to the parts found consistent or
in compliance with the goals.
     (b) “Denial” means a commission order
that:
     (A) Certifies that a comprehensive plan,
land use regulations or both a comprehensive plan and land use regulations do
not comply with one or more goals;
     (B) Specifies amendments or other action
that must be completed for acknowledgment to occur; and
     (C) Is used when the amendments or other
changes required in the comprehensive plan, land use regulations or both the
comprehensive plan and land use regulations affect many goals and are likely to
take a substantial period of time to complete. [1977 c.766 §18; 1979 c.242 §3;
1981 c.748 §7; 1983 c.827 §5; 1985 c.811 §13; 1991 c.817 §23; 1993 c.438 §2]
     197.252 [1977 c.664 §20a; 1979 c.772 §7a; repealed by
1981 c.748 §56]
     197.253
Participation in local proceedings required for submitting comments and
objections. Notwithstanding
the provisions of ORS 197.251 (2)(a), a person may not submit written comments
and objections to the acknowledgment request of any city or county that submits
its plan or regulations to the Land Conservation and Development Commission for
acknowledgment for the first time after August 9, 1983, unless the person
participated either orally or in writing in the local government proceedings
leading to the adoption of the plan and regulations. [1983 c.827 §5a]
     197.254
Bar to contesting acknowledgment, appealing or seeking amendment. (1) A state agency shall be barred after the
date set for submission of programs by the Land Conservation and Development
Commission as provided in ORS 197.180 (3), from contesting a request for
acknowledgment submitted by a local government under ORS 197.251 or from filing
an appeal under ORS 197.620 (1) or (2), if the commission finds that:
     (a) The state agency has not complied with
ORS 197.180; or
     (b) The state agency has not coordinated
its plans, programs or rules affecting land use with the comprehensive plan or
land use regulations of the city or county pursuant to a coordination program
approved by the commission under ORS 197.180.
     (2) A state agency shall be barred from
seeking a commission order under ORS 197.644 requiring amendment of a local
government comprehensive plan or land use regulation in order to comply with
the agencyÂ’s plan or program unless the agency has first requested the
amendment from the local government and has had its request denied.
     (3) A special district shall be barred
from contesting a request for initial compliance acknowledgment submitted by a
local government under ORS 197.251 or from filing an appeal under ORS 197.620
(1) or (2), if the county or Metropolitan Service District assigned
coordinative functions under ORS 195.025 (1) finds that:
     (a) The special district has not entered
into a cooperative agreement under ORS 195.020; or
     (b) The special district has not
coordinated its plans, programs or regulations affecting land use with the
comprehensive plan or land use regulations of the local government pursuant to
its cooperative agreement made under ORS 195.020.
     (4) A special district shall be barred
from seeking a commission order under ORS 197.644 requiring amendment of a
local government comprehensive plan or land use regulation in order to comply
with the special districtÂ’s plan or program unless the special district has
first requested the amendment from the local government and has had its request
denied. [1977 c.664 §16; 1981 c.748 §11; 1983 c.827 §57; 1991 c.612 §11]
     197.255 [1973 c.80 §39; 1981 c.748 §29b; 1983 c.827 §57a;
renumbered 195.035 in 1993]
     197.260 [1973 c.80 §44; 1981 c.748 §29c; renumbered
195.040 in 1993]
     197.265
State compensation for costs of defending compliance actions. (1) As used in this section, “action”
includes but is not limited to a proceeding under ORS 197.830 to 197.845.
     (2) If any action is brought against a
local government challenging any comprehensive plan, land use regulation or
other action of the local government which was adopted or taken for the primary
purpose of complying with the goals approved under ORS 197.240 and which does
in fact comply with the goals, then the Land Conservation and Development
Commission shall pay reasonable attorney fees and court costs incurred by such
local government in the action or suit including any appeal, to the extent
funds have been specifically appropriated to the commission therefor. [1977
c.898 §2; 1979 c.772 §7b; 1981 c.748 §39; 1983 c.827 §6]
     197.270
Copies of comprehensive plan and land use regulations; post review. Within six months following completion of
the periodic review process, the affected local government shall file three
complete and accurate copies of its comprehensive plan and land use regulations
with the Department of Land Conservation and Development. This document can be
either a new printing or an up-to-date compilation of the required materials. [1987
c.729 §13]
     197.274
Review of Metro regional framework plan. (1) The Metro regional framework plan, its separate components and
amendments to the regional framework plan or to its separate components are
subject to review:
     (a) For compliance with land use planning
statutes, statewide land use planning goals and administrative rules
corresponding to the statutes and goals, in the same manner as a comprehensive
plan for purposes of:
     (A) Acknowledgment of compliance with the
goals under ORS 197.251; and
     (B) Post-acknowledgment procedures under
ORS 197.610 to 197.650; and
     (b) As a land use decision under ORS
197.805 to 197.855 and 197.860.
     (2) With the prior consent of the Land
Conservation and Development Commission, Metro may submit to the Department of
Land Conservation and Development an amendment to the Metro regional framework
plan or to a component of the regional framework plan in the manner provided
for periodic review under ORS 197.628 to 197.650, if the amendment implements a
program to meet the requirements of a land use planning statute, a statewide
land use planning goal or an administrative rule corresponding to a statute or
goal. [1993 c.438 §3; 1999 c.59 §55; 1999 c.348 §5; 2003 c.793 §1]
     197.275 [1973 c.80 §40; 1977 c.664 §21; repealed by
1981 c.748 §56]
     197.277
     (2) No goal or rule shall be adopted,
construed or administered in a manner to require or allow local governments to
take any action prohibited by ORS 527.722.
     (3) The Land Conservation and Development
Commission shall amend goals and rules as necessary to implement ORS 197.180,
197.277, 197.825, 215.050, 477.090, 477.440, 477.455, 477.460, 526.009,
526.016, 526.156, 527.620, 527.630, 527.660, 527.670, 527.683 to 527.687,
527.715, 527.990 and 527.992. [1987 c.919 §2]
     197.279
Approved wetland conservation plans comply with goals; exception; rules. (1) Wetland conservation plans approved by
the Director of the Department of State Lands pursuant to ORS chapter 196 shall
be deemed to comply with the requirements of statewide planning goals relating
to other than estuarine wetlands for those areas, uses and activities which are
regulated by the wetland conservation plans.
     (2) Wetland conservation plans shall be
adopted and amended by local governments according to the procedures of ORS
197.610 to 197.625.
     (3) The department shall adopt by rule:
     (a) Standards for cities and counties to
use to inventory and identify wetlands; and
     (b) Criteria for cities and counties to
use to determine when a wetland is a significant wetland. [1989 c.837 §25; 1995
c.472 §2]
     197.280 [1973 c.80 §41; repealed by 1977 c.664 §42
and 1977 c.766 §16]
     197.283
Commission to assure protection of ground water resources. (1) The Land Conservation and Development
Commission shall take actions it considers necessary to assure that city and
county comprehensive plans and land use regulations and state agency
coordination programs are consistent with the goal set forth in ORS 468B.155.
     (2) The commission shall direct the
Department of Land Conservation and Development to take actions the department
considers appropriate to assure that any information contained in a city or
county comprehensive plan that pertains to the ground water resource of Oregon
shall be forwarded to the centralized repository established under ORS
468B.167. [1989 c.833 §48]
     197.285 [1973 c.80 §42; repealed by 1981 c.748 §56]
NEEDED
HOUSING IN URBAN GROWTH AREAS
     197.295
Definitions for ORS 197.295 to 197.314 and 197.475 to 197.490. As used in ORS 197.295 to 197.314 and
197.475 to 197.490:
     (1) “Buildable lands” means lands in urban
and urbanizable areas that are suitable, available and necessary for
residential uses. “Buildable lands” includes both vacant land and developed
land likely to be redeveloped.
     (2) “Manufactured dwelling park” has the
meaning given that term in ORS 446.003.
     (3) “Government assisted housing” means
housing that is financed in whole or part by either a federal or state housing
agency or a housing authority as defined in ORS 456.005, or housing that is
occupied by a tenant or tenants who benefit from rent supplements or housing
vouchers provided by either a federal or state housing agency or a local
housing authority.
     (4) “Manufactured homes” has the meaning
given that term in ORS 446.003.
     (5) “Mobile home park” has the meaning
given that term in ORS 446.003.
     (6) “Periodic review” means the process
and procedures as set forth in ORS 197.628 to 197.650.
     (7) “Urban growth boundary” means an urban
growth boundary included or referenced in a comprehensive plan. [1981 c.884 §4;
1983 c.795 §1; 1987 c.785 §1; 1989 c.648 §51; 1991 c.226 §16; 1991 c.612 §12;
1995 c.79 §73; 1995 c.547 §2]
     197.296
Factors to establish sufficiency of buildable lands within urban growth
boundary; analysis and determination of residential housing patterns. (1)(a) The provisions of this section apply
to metropolitan service district regional framework plans and local government
comprehensive plans for lands within the urban growth boundary of a city that
is located outside of a metropolitan service district and has a population of
25,000 or more.
     (b) The Land Conservation and Development
Commission may establish a set of factors under which additional cities are
subject to the provisions of this section. In establishing the set of factors
required under this paragraph, the commission shall consider the size of the
city, the rate of population growth of the city or the proximity of the city to
another city with a population of 25,000 or more or to a metropolitan service
district.
     (2) At periodic review pursuant to ORS
197.628 to 197.650 or at any other legislative review of the comprehensive plan
or regional plan that concerns the urban growth boundary and requires the
application of a statewide planning goal relating to buildable lands for
residential use, a local government shall demonstrate that its comprehensive
plan or regional plan provides sufficient buildable lands within the urban
growth boundary established pursuant to statewide planning goals to accommodate
estimated housing needs for 20 years. The 20-year period shall commence on the
date initially scheduled for completion of the periodic or legislative review.
     (3) In performing the duties under
subsection (2) of this section, a local government shall:
     (a) Inventory the supply of buildable
lands within the urban growth boundary and determine the housing capacity of
the buildable lands; and
     (b) Conduct an analysis of housing need by
type and density range, in accordance with ORS 197.303 and statewide planning
goals and rules relating to housing, to determine the number of units and
amount of land needed for each needed housing type for the next 20 years.
     (4)(a) For the purpose of the inventory
described in subsection (3)(a) of this section, “buildable lands” includes:
     (A) Vacant lands planned or zoned for
residential use;
     (B) Partially vacant lands planned or
zoned for residential use;
     (C) Lands that may be used for a mix of
residential and employment uses under the existing planning or zoning; and
     (D) Lands that may be used for residential
infill or redevelopment.
     (b) For the purpose of the inventory and
determination of housing capacity described in subsection (3)(a) of this
section, the local government must demonstrate consideration of:
     (A) The extent that residential
development is prohibited or restricted by local regulation and ordinance,
state law and rule or federal statute and regulation;
     (B) A written long term contract or
easement for radio, telecommunications or electrical facilities, if the written
contract or easement is provided to the local government; and
     (C) The presence of a single family
dwelling or other structure on a lot or parcel.
     (c) Except for land that may be used for
residential infill or redevelopment, a local government shall create a map or
document that may be used to verify and identify specific lots or parcels that
have been determined to be buildable lands.
     (5)(a) Except as provided in paragraphs (b)
and (c) of this subsection, the determination of housing capacity and need
pursuant to subsection (3) of this section must be based on data relating to
land within the urban growth boundary that has been collected since the last
periodic review or five years, whichever is greater. The data shall include:
     (A) The number, density and average mix of
housing types of urban residential development that have actually occurred;
     (B) Trends in density and average mix of
housing types of urban residential development;
     (C) Demographic and population trends;
     (D) Economic trends and cycles; and
     (E) The number, density and average mix of
housing types that have occurred on the buildable lands described in subsection
(4)(a) of this section.
     (b) A local government shall make the
determination described in paragraph (a) of this subsection using a shorter
time period than the time period described in paragraph (a) of this subsection
if the local government finds that the shorter time period will provide more
accurate and reliable data related to housing capacity and need. The shorter
time period may not be less than three years.
     (c) A local government shall use data from
a wider geographic area or use a time period for economic cycles and trends
longer than the time period described in paragraph (a) of this subsection if
the analysis of a wider geographic area or the use of a longer time period will
provide more accurate, complete and reliable data relating to trends affecting
housing need than an analysis performed pursuant to paragraph (a) of this
subsection. The local government must clearly describe the geographic area,
time frame and source of data used in a determination performed under this
paragraph.
     (6) If the housing need determined
pursuant to subsection (3)(b) of this section is greater than the housing
capacity determined pursuant to subsection (3)(a) of this section, the local
government shall take one or more of the following actions to accommodate the
additional housing need:
     (a) Amend its urban growth boundary to
include sufficient buildable lands to accommodate housing needs for the next 20
years. As part of this process, the local government shall consider the effects
of measures taken pursuant to paragraph (b) of this subsection. The amendment
shall include sufficient land reasonably necessary to accommodate the siting of
new public school facilities. The need and inclusion of lands for new public
school facilities shall be a coordinated process between the affected public
school districts and the local government that has the authority to approve the
urban growth boundary;
     (b) Amend its comprehensive plan, regional
plan, functional plan or land use regulations to include new measures that
demonstrably increase the likelihood that residential development will occur at
densities sufficient to accommodate housing needs for the next 20 years without
expansion of the urban growth boundary. A local government or metropolitan
service district that takes this action shall monitor and record the level of
development activity and development density by housing type following the date
of the adoption of the new measures; or
     (c) Adopt a combination of the actions
described in paragraphs (a) and (b) of this subsection.
     (7) Using the analysis conducted under
subsection (3)(b) of this section, the local government shall determine the
overall average density and overall mix of housing types at which residential
development of needed housing types must occur in order to meet housing needs
over the next 20 years. If that density is greater than the actual density of
development determined under subsection (5)(a)(A) of this section, or if that
mix is different from the actual mix of housing types determined under
subsection (5)(a)(A) of this section, the local government, as part of its
periodic review, shall adopt measures that demonstrably increase the likelihood
that residential development will occur at the housing types and density and at
the mix of housing types required to meet housing needs over the next 20 years.
     (8)(a) A local government outside a
metropolitan service district that takes any actions under subsection (6) or
(7) of this section shall demonstrate that the comprehensive plan and land use
regulations comply with goals and rules adopted by the commission and implement
ORS 197.295 to 197.314.
     (b) The local government shall determine
the density and mix of housing types anticipated as a result of actions taken
under subsections (6) and (7) of this section and monitor and record the actual
density and mix of housing types achieved. The local government shall compare
actual and anticipated density and mix. The local government shall submit its
comparison to the commission at the next periodic review or at the next
legislative review of its urban growth boundary, whichever comes first.
     (9) In establishing that actions and
measures adopted under subsections (6) or (7) of this section demonstrably
increase the likelihood of higher density residential development, the local
government shall at a minimum ensure that land zoned for needed housing is in
locations appropriate for the housing types identified under subsection (3) of
this section and is zoned at density ranges that are likely to be achieved by
the housing market using the analysis in subsection (3) of this section.
Actions or measures, or both, may include but are not limited to:
     (a) Increases in the permitted density on
existing residential land;
     (b) Financial incentives for higher
density housing;
     (c) Provisions permitting additional
density beyond that generally allowed in the zoning district in exchange for
amenities and features provided by the developer;
     (d) Removal or easing of approval
standards or procedures;
     (e) Minimum density ranges;
     (f) Redevelopment and infill strategies;
     (g) Authorization of housing types not
previously allowed by the plan or regulations;
     (h) Adoption of an average residential
density standard; and
     (i) Rezoning or redesignation of
nonresidential land. [1995 c.547 §3; 2001 c.908 §1; 2003 c.177 §1]
     197.298
Priority of land to be included within urban growth boundary. (1) In addition to any requirements
established by rule addressing urbanization, land may not be included within an
urban growth boundary except under the following priorities:
     (a) First priority is land that is
designated urban reserve land under ORS 195.145, rule or metropolitan service
district action plan.
     (b) If land under paragraph (a) of this
subsection is inadequate to accommodate the amount of land needed, second
priority is land adjacent to an urban growth boundary that is identified in an
acknowledged comprehensive plan as an exception area or nonresource land.
Second priority may include resource land that is completely surrounded by
exception areas unless such resource land is high-value farmland as described
in ORS 215.710.
     (c) If land under paragraphs (a) and (b)
of this subsection is inadequate to accommodate the amount of land needed,
third priority is land designated as marginal land pursuant to ORS 197.247
(1991 Edition).
     (d) If land under paragraphs (a) to (c) of
this subsection is inadequate to accommodate the amount of land needed, fourth
priority is land designated in an acknowledged comprehensive plan for
agriculture or forestry, or both.
     (2) Higher priority shall be given to land
of lower capability as measured by the capability classification system or by
cubic foot site class, whichever is appropriate for the current use.
     (3) Land of lower priority under
subsection (1) of this section may be included in an urban growth boundary if
land of higher priority is found to be inadequate to accommodate the amount of
land estimated in subsection (1) of this section for one or more of the
following reasons:
     (a) Specific types of identified land
needs cannot be reasonably accommodated on higher priority lands;
     (b) Future urban services could not
reasonably be provided to the higher priority lands due to topographical or
other physical constraints; or
     (c) Maximum efficiency of land uses within
a proposed urban growth boundary requires inclusion of lower priority lands in
order to include or to provide services to higher priority lands. [1995 c.547 §5;
1999 c.59 §56]
     197.299
Metropolitan service district analysis of buildable land supply; schedule for
accommodating needed housing; need for land for school; extension of schedule. (1) A metropolitan service district
organized under ORS chapter 268 shall complete the inventory, determination and
analysis required under ORS 197.296 (3) not later than five years after
completion of the previous inventory, determination and analysis.
     (2)(a) The metropolitan service district
shall take such action as necessary under ORS 197.296 (6)(a) to accommodate
one-half of a 20-year buildable land supply determined under ORS 197.296 (3)
within one year of completing the analysis.
     (b) The metropolitan service district
shall take all final action under ORS 197.296 (6)(a) necessary to accommodate a
20-year buildable land supply determined under ORS 197.296 (3) within two years
of completing the analysis.
     (c) The metropolitan service district
shall take action under ORS 197.296 (6)(b), within one year after the analysis
required under ORS 197.296 (3)(b) is completed, to provide sufficient buildable
land within the urban growth boundary to accommodate the estimated housing
needs for 20 years from the time the actions are completed. The metropolitan
service district shall consider and adopt new measures that the governing body
deems appropriate under ORS 197.296 (6)(b).
     (3) The Land Conservation and Development
Commission may grant an extension to the time limits of subsection (2) of this
section if the Director of the Department of Land Conservation and Development
determines that the metropolitan service district has provided good cause for
failing to meet the time limits.
     (4)(a) The metropolitan service district
shall establish a process to expand the urban growth boundary to accommodate a
need for land for a public school that cannot reasonably be accommodated within
the existing urban growth boundary. The metropolitan service district shall
design the process to:
     (A) Accommodate a need that must be
accommodated between periodic analyses of urban growth boundary capacity
required by subsection (1) of this section; and
     (B) Provide for a final decision on a
proposal to expand the urban growth boundary within four months after
submission of a complete application by a large school district as defined in
ORS 195.110.
     (b) At the request of a large school
district, the metropolitan service district shall assist the large school
district to identify school sites required by the school facility planning
process described in ORS 195.110. A need for a public school is a specific type
of identified land need under ORS 197.298 (3). [1997 c.763 §2; 2001 c.908 §2;
2005 c.590 §1; 2007 c.579 §2]
     Note: Section 1, chapter 398, Oregon Laws 2007,
provides:
     Sec.
1. Notwithstanding the date
for completion of the next inventory, determination and analysis required of a
metropolitan service district based on a schedule established under ORS 197.299
(1), Metro, as defined in ORS 197.015, shall complete the first inventory,
determination and analysis due on or after the effective date of this 2007 Act
[December 1, 2007] not later than December 31, 2009. [2007 c.398 §1]
     197.300 [1973 c.80 §51; 1977 c.664 §22; repealed by
1979 c.772 §26]
     197.301
Metropolitan service district report of performance measures. (1) A metropolitan service district
organized under ORS chapter 268 shall compile and report to the Department of
Land Conservation and Development on performance measures as described in this
section at least once every two years. The information shall be reported in a
manner prescribed by the department.
     (2) Performance measures subject to
subsection (1) of this section shall be adopted by a metropolitan service
district and shall include but are not limited to measures that analyze the
following:
     (a) The rate of conversion of vacant land
to improved land;
     (b) The density and price ranges of
residential development, including both single family and multifamily
residential units;
     (c) The level of job creation within
individual cities and the urban areas of a county inside the metropolitan
service district;
     (d) The number of residential units added
to small sites assumed to be developed in the metropolitan service districtÂ’s
inventory of available lands but which can be further developed, and the
conversion of existing spaces into more compact units with or without the
demolition of existing buildings;
     (e) The amount of environmentally
sensitive land that is protected and the amount of environmentally sensitive
land that is developed;
     (f) The sales price of vacant land;
     (g) Residential vacancy rates;
     (h) Public access to open spaces; and
     (i) Transportation measures including
mobility, accessibility and air quality indicators. [1997 c.763 §3]
     197.302
Metropolitan service district determination of buildable land supply; corrective
action; enforcement. (1)
After gathering and compiling information on the performance measures as
described in ORS 197.301 but prior to submitting the information to the
Department of Land Conservation and Development, a metropolitan service
district shall determine if actions taken under ORS 197.296 (6) have
established the buildable land supply and housing densities necessary to
accommodate estimated housing needs determined under ORS 197.296 (3). If the
metropolitan service district determines that the actions undertaken will not
accommodate estimated need, the district shall develop a corrective action
plan, including a schedule for implementation. The district shall submit the
plan to the department along with the report on performance measures required
under ORS 197.301. Corrective action under this section may include amendment
of the urban growth boundary, comprehensive plan, regional framework plan,
functional plan or land use regulations as described in ORS 197.296.
     (2) Within two years of submitting a
corrective action plan to the department, the metropolitan service district
shall demonstrate by reference to the performance measures described in ORS
197.301 that implementation of the plan has resulted in the buildable land
supply and housing density within the urban growth boundary necessary to
accommodate the estimated housing needs for each housing type as determined
under ORS 197.296 (3).
     (3) The failure of the metropolitan
service district to demonstrate the buildable land supply and housing density
necessary to accommodate housing needs as required under this section and ORS
197.296 may be the basis for initiation of enforcement action pursuant to ORS
197.319 to 197.335. [1997 c.763 §4; 2001 c.908 §3]
     197.303
“Needed housing” defined.
(1) As used in ORS 197.307, until the beginning of the first periodic review of
a local government’s acknowledged comprehensive plan, “needed housing” means
housing types determined to meet the need shown for housing within an urban
growth boundary at particular price ranges and rent levels. On and after the
beginning of the first periodic review of a local governmentÂ’s acknowledged
comprehensive plan, “needed housing” also means:
     (a) Housing that includes, but is not
limited to, attached and detached single-family housing and multiple family
housing for both owner and renter occupancy;
     (b) Government assisted housing;
     (c) Mobile home or manufactured dwelling
parks as provided in ORS 197.475 to 197.490; and
     (d) Manufactured homes on individual lots
planned and zoned for single-family residential use that are in addition to
lots within designated manufactured dwelling subdivisions.
     (2) Subsection (1)(a) and (d) of this
section shall not apply to:
     (a) A city with a population of less than
2,500.
     (b) A county with a population of less
than 15,000.
     (3) A local government may take an
exception to subsection (1) of this section in the same manner that an
exception may be taken under the goals. [1981 c.884 §6; 1983 c.795 §2; 1989
c.380 §1]
     197.304
     (a) Establish an urban growth boundary,
consistent with the jurisdictional area of responsibility specified in the
acknowledged comprehensive plan; and
     (b) Demonstrate, as required by ORS
197.296, that its comprehensive plan provides sufficient buildable lands within
an urban growth boundary established pursuant to statewide planning goals to
accommodate estimated housing needs for 20 years.
     (2) Except as provided in subsection (1)
of this section, this section does not alter or affect an intergovernmental
agreement pursuant to ORS 190.003 to 190.130 or acknowledged comprehensive plan
provisions adopted by
     Note: Section 3, chapter 650, Oregon Laws 2007,
provides:
     Sec.
3. A local government that
is subject to section 2 of this 2007 Act [197.304] shall complete the
inventory, analysis and determination required under ORS 197.296 (3) to begin
compliance with section 2 of this 2007 Act within two years after the effective
date of this 2007 Act [January 1, 2008]. [2007 c.650 §3]
     197.305 [1973 c.80 §52; 1977 c.664 §23; repealed by
1979 c.772 §26]
     197.307
Effect of need for certain housing in urban growth areas; approval standards
for certain residential development; placement standards for approval of
manufactured dwellings. (1)
The availability of affordable, decent, safe and sanitary housing opportunities
for persons of lower, middle and fixed income, including housing for
farmworkers, is a matter of statewide concern.
     (2) Many persons of lower, middle and
fixed income depend on government assisted housing as a source of affordable,
decent, safe and sanitary housing.
     (3)(a) When a need has been shown for
housing within an urban growth boundary at particular price ranges and rent
levels, needed housing, including housing for farmworkers, shall be permitted
in one or more zoning districts or in zones described by some comprehensive
plans as overlay zones with sufficient buildable land to satisfy that need.
     (b) A local government shall attach only
clear and objective approval standards or special conditions regulating, in
whole or in part, appearance or aesthetics to an application for development of
needed housing or to a permit, as defined in ORS 215.402 or 227.160, for
residential development. The standards or conditions may not be attached in a
manner that will deny the application or reduce the proposed housing density
provided the proposed density is otherwise allowed in the zone.
     (c) The provisions of paragraph (b) of
this subsection do not apply to an application or permit for residential
development in an area identified in a formally adopted central city plan, or a
regional center as defined by Metro, in a city with a population of 500,000 or
more.
     (d) In addition to an approval process
based on clear and objective standards as provided in paragraph (b) of this
subsection, a local government may adopt an alternative approval process for
residential applications and permits based on approval criteria that are not
clear and objective provided the applicant retains the option of proceeding
under the clear and objective standards or the alternative process and the
approval criteria for the alternative process comply with all applicable land
use planning goals and rules.
     (e) The provisions of this subsection
shall not apply to applications or permits for residential development in
historic areas designated for protection under a land use planning goal
protecting historic areas.
     (4) Subsection (3) of this section shall
not be construed as an infringement on a local governmentÂ’s prerogative to:
     (a) Set approval standards under which a
particular housing type is permitted outright;
     (b) Impose special conditions upon approval
of a specific development proposal; or
     (c) Establish approval procedures.
     (5) A jurisdiction may adopt any or all of
the following placement standards, or any less restrictive standard, for the
approval of manufactured homes located outside mobile home parks:
     (a) The manufactured home shall be
multisectional and enclose a space of not less than 1,000 square feet.
     (b) The manufactured home shall be placed
on an excavated and back-filled foundation and enclosed at the perimeter such
that the manufactured home is located not more than 12 inches above grade.
     (c) The manufactured home shall have a
pitched roof, except that no standard shall require a slope of greater than a
nominal three feet in height for each 12 feet in width.
     (d) The manufactured home shall have
exterior siding and roofing which in color, material and appearance is similar
to the exterior siding and roofing material commonly used on residential
dwellings within the community or which is comparable to the predominant
materials used on surrounding dwellings as determined by the local permit
approval authority.
     (e) The manufactured home shall be
certified by the manufacturer to have an exterior thermal envelope meeting
performance standards which reduce levels equivalent to the performance
standards required of single-family dwellings constructed under the state
building code as defined in ORS 455.010.
     (f) The manufactured home shall have a
garage or carport constructed of like materials. A jurisdiction may require an
attached or detached garage in lieu of a carport where such is consistent with
the predominant construction of immediately surrounding dwellings.
     (g) In addition to the provisions in
paragraphs (a) to (f) of this subsection, a city or county may subject a
manufactured home and the lot upon which it is sited to any development
standard, architectural requirement and minimum size requirement to which a
conventional single-family residential dwelling on the same lot would be
subject.
     (6) Any approval standards, special
conditions and the procedures for approval adopted by a local government shall
be clear and objective and may not have the effect, either in themselves or
cumulatively, of discouraging needed housing through unreasonable cost or
delay. [1981 c.884 §5; 1983 c.795 §3; 1989 c.380 §2; 1989 c.964 §6; 1993 c.184 §3;
1997 c.733 §2; 1999 c.357 §1; 2001 c.613 §2]
     197.309
Local ordinances or approval conditions may not effectively establish housing
sale price or designate class of purchasers; exception. (1) Except as provided in subsection (2) of
this section, a city, county or metropolitan service district may not adopt a
land use regulation or functional plan provision, or impose as a condition for
approving a permit under ORS 215.427 or 227.178, a requirement that has the
effect of establishing the sales price for a housing unit or residential
building lot or parcel, or that requires a housing unit or residential building
lot or parcel to be designated for sale to any particular class or group of
purchasers.
     (2) This section does not limit the
authority of a city, county or metropolitan service district to:
     (a) Adopt or enforce a land use
regulation, functional plan provision or condition of approval creating or
implementing an incentive, contract commitment, density bonus or other
voluntary regulation, provision or condition designed to increase the supply of
moderate or lower cost housing units; or
     (b) Enter into an affordable housing
covenant as provided in ORS 456.270 to 456.295. [1999 c.848 §2; 2007 c.691 §8]
     197.310 [1973 c.80 §53; 1977 c.664 §24; repealed by
1979 c.772 §26]
     197.312
Limitation on city and county authority to prohibit certain kinds of housing,
including farmworker housing; real estate sales office. (1) A city or county may not by charter
prohibit from all residential zones attached or detached single-family housing,
multifamily housing for both owner and renter occupancy or manufactured homes.
A city or county may not by charter prohibit government assisted housing or
impose additional approval standards on government assisted housing that are
not applied to similar but unassisted housing.
     (2) A city or county may not impose any
approval standards, special conditions or procedures on farmworker housing that
are not clear and objective or have the effect, either in themselves or
cumulatively, of discouraging farmworker housing through unreasonable cost or
delay or by discriminating against such housing.
     (3)(a) A single-family dwelling for a
farmworker and the farmworkerÂ’s immediate family is a permitted use in any
residential or commercial zone that allows single-family dwellings as a
permitted use.
     (b) A city or county may not impose a
zoning requirement on the establishment and maintenance of a single-family
dwelling for a farmworker and the farmworkerÂ’s immediate family in a
residential or commercial zone described in paragraph (a) of this subsection
that is more restrictive than a zoning requirement imposed on other
single-family dwellings in the same zone.
     (4)(a) Multifamily housing for farmworkers
and farmworkersÂ’ immediate families is a permitted use in any residential or
commercial zone that allows multifamily housing generally as a permitted use.
     (b) A city or county may not impose a
zoning requirement on the establishment and maintenance of multifamily housing
for farmworkers and farmworkersÂ’ immediate families in a residential or
commercial zone described in paragraph (a) of this subsection that is more
restrictive than a zoning requirement imposed on other multifamily housing in
the same zone.
     (5) A city or county may not prohibit a
property owner or developer from maintaining a real estate sales office in a
subdivision or planned community containing more than 50 lots or dwelling units
for the sale of lots or dwelling units that remain available for sale to the
public. [1983 c.795 §5; 1989 c.964 §7; 2001 c.437 §1; 2001 c.613 §3]
     197.313
Interpretation of ORS 197.312.
Nothing in ORS 197.312 or in the amendments to ORS 197.295, 197.303, 197.307 by
sections 1, 2 and 3, chapter 795, Oregon Laws 1983, shall be construed to
require a city or county to contribute to the financing, administration or
sponsorship of government assisted housing. [1983 c.795 §6]
     197.314
Required siting of manufactured homes; minimum lot size; approval standards. (1) Notwithstanding ORS 197.296, 197.298,
197.299, 197.301, 197.302, 197.303, 197.307, 197.312 and 197.313, within urban
growth boundaries each city and county shall amend its comprehensive plan and
land use regulations for all land zoned for single-family residential uses to
allow for siting of manufactured homes as defined in ORS 446.003. A local
government may only subject the siting of a manufactured home allowed under
this section to regulation as set forth in ORS 197.307 (5).
     (2) Cities and counties shall adopt and
amend comprehensive plans and land use regulations under subsection (1) of this
section according to the provisions of ORS 197.610 to 197.650.
     (3) Subsection (1) of this section does
not apply to any area designated in an acknowledged comprehensive plan or land
use regulation as a historic district or residential land immediately adjacent
to a historic landmark.
     (4) Manufactured homes on individual lots
zoned for single-family residential use in subsection (1) of this section shall
be in addition to manufactured homes on lots within designated manufactured
dwelling subdivisions.
     (5) Within any residential zone inside an
urban growth boundary where a manufactured dwelling park is otherwise allowed,
a city or county shall not adopt, by charter or ordinance, a minimum lot size
for a manufactured dwelling park that is larger than one acre.
     (6) A city or county may adopt the
following standards for the approval of manufactured homes located in
manufactured dwelling parks that are smaller than three acres:
     (a) The manufactured home shall have a
pitched roof, except that no standard shall require a slope of greater than a
nominal three feet in height for each 12 feet in width.
     (b) The manufactured home shall have
exterior siding and roofing that, in color, material and appearance, is similar
to the exterior siding and roofing material commonly used on residential
dwellings within the community or that is comparable to the predominant
materials used on surrounding dwellings as determined by the local permit
approval authority.
     (7) This section shall not be construed as
abrogating a recorded restrictive covenant. [1993 c.184 §2; 1997 c.295 §1; 1999
c.348 §7; 2005 c.22 §139]
     197.315 [1973 c.80 §54; 1977 c.664 §25; repealed by
1979 c.772 §26]
ENFORCEMENT
OF PLANNING REQUIREMENTS
     197.319
Procedures prior to request of an enforcement order. (1) Before a person may request adoption of
an enforcement order under ORS 197.320, the person shall:
     (a) Present the reasons, in writing, for
such an order to the affected local government; and
     (b) Request:
     (A) Revisions to the local comprehensive
plan, land use regulations, special district cooperative or urban service
agreement or decision-making process which is the basis for the order; or
     (B) That an action be taken regarding the
local comprehensive plan, land use regulations, special district agreement or
decision-making process that is the basis for the order.
     (2)(a) The local government or special
district shall issue a written response to the request within 60 days of the
date the request is mailed to the local government or special district.
     (b) The requestor and the local government
or special district may enter into mediation to resolve issues in the request.
The Department of Land Conservation and Development shall provide mediation
services when jointly requested by the local government or special district and
the requestor.
     (c) If the local government or special
district does not act in a manner which the requestor believes is adequate to
address the issues raised in the request within the time period provided in
paragraph (a) of this subsection, a petition may be presented to the Land
Conservation and Development Commission under ORS 197.324.
     (3) A metropolitan service district may
request an enforcement order under ORS 197.320 (12) without first complying
with subsections (1) and (2) of this section. [1989 c.761 §4; 1993 c.804 §9;
2007 c.176 §2]
     197.320
Power of commission to order compliance with goals and plans. The Land Conservation and Development
Commission shall issue an order requiring a local government, state agency or
special district to take action necessary to bring its comprehensive plan, land
use regulation, limited land use decisions or other land use decisions into
compliance with the goals, acknowledged comprehensive plan provisions or land
use regulations if the commission has good cause to believe:
     (1) A comprehensive plan or land use
regulation adopted by a local government not on a compliance schedule is not in
compliance with the goals by the date set in ORS 197.245 or 197.250 for such
compliance;
     (2) A plan, program, rule or regulation
affecting land use adopted by a state agency or special district is not in
compliance with the goals by the date set in ORS 197.245 or 197.250 for such
compliance;
     (3) A local government is not making
satisfactory progress toward performance of its compliance schedule;
     (4) A state agency is not making
satisfactory progress in carrying out its coordination agreement or the
requirements of ORS 197.180;
     (5) A local government has no
comprehensive plan or land use regulation and is not on a compliance schedule
directed to developing the plan or regulation;
     (6) A local government has engaged in a
pattern or practice of decision making that violates an acknowledged
comprehensive plan or land use regulation. In making its determination under
this subsection, the commission shall determine whether there is evidence in
the record to support the decisions made. The commission shall not judge the issue
solely upon adequacy of the findings in support of the decisions;
     (7) A local government has failed to
comply with a commission order entered under ORS 197.644;
     (8) A special district has engaged in a
pattern or practice of decision-making that violates an acknowledged
comprehensive plan or cooperative agreement adopted pursuant to ORS 197.020;
     (9) A special district is not making
satisfactory progress toward performance of its obligations under ORS chapters
195 and 197;
     (10) A local government is applying
approval standards, special conditions on approval of specific development
proposals or procedures for approval that do not comply with ORS 197.307 (6);
or
     (11) A local government is not making
satisfactory progress toward meeting its obligations under ORS 195.065.
     (12) A local government within the
jurisdiction of a metropolitan service district has failed to make changes to
the comprehensive plan or land use regulations to comply with the regional
framework plan of the district or has engaged in a pattern or practice of
decision-making that violates a requirement of the regional framework plan. [1977
c.664 §34; 1979 c.284 §123; 1981 c.748 §32; 1983 c.827 §58; 1987 c.729 §8; 1989
c.761 §2; 1991 c.612 §13; 1991 c.817 §24; 1993 c.804 §10; 1995 c.547 §4; 2003
c.793 §2; 2007 c.176 §3]
     197.324
Proceedings prior to order of compliance with goals; disclosure notice. (1) On its own motion, the Land Conservation
and Development Commission may initiate a proceeding to carry out the
provisions of ORS 197.320. If the commission proceeds on its own motion, it
shall proceed as set forth in ORS 197.328.
     (2)(a) After a person meets the
requirements of ORS 197.319, the person may file a petition to request that the
commission consider the matter. Filing occurs upon mailing the petition to the
Department of Land Conservation and Development.
     (b) The commission shall determine if
there is good cause to proceed on the petition.
     (c) If the commission determines that
there is not good cause to proceed on the petition, the commission shall issue
a final order dismissing the petition, stating the reasons therefor.
     (d) If the commission determines that
there is good cause to proceed on the petition, the commission shall proceed as
set forth in ORS 197.328.
     (3) Following initiation of a proceeding
under subsection (1) of this section or a determination by the commission that
there is good cause to proceed on a petition under subsection (2) of this
section, the affected local government shall include the following disclosure
in any subsequent notice of a land use decision that could be affected by the
enforcement order:
______________________________________________________________________________
NOTICE: THE
OREGON LAND CONSERVATION AND DEVELOPMENT COMMISSION HAS FOUND GOOD CAUSE FOR AN
ENFORCEMENT PROCEEDING AGAINST ________ (Name of local government). AN
ENFORCEMENT ORDER MAY BE EVENTUALLY ADOPTED THAT COULD LIMIT, PROHIBIT OR
REQUIRE APPLICATION OF SPECIFIED CRITERIA TO ANY ACTION AUTHORIZED BY THIS
DECISION BUT NOT APPLIED FOR UNTIL AFTER ADOPTION OF THE ENFORCEMENT ORDER.
______________________________________________________________________________
[1989 c.761 §5;
1995 c.778 §3]
     197.325 [1973 c.80 §45; repealed by 1977 c.664 §42]
     197.328
Procedures to consider order to comply with goals. If a proceeding is initiated under ORS
197.324, the following procedures apply:
     (1) The Land Conservation and Development
Commission shall hold a hearing to consider the petition or shall appoint a
hearings officer to consider the petition under the provisions of ORS chapter
183 applicable to contested cases, except as otherwise provided in this
section.
     (2) The commission or hearings officer
shall schedule a hearing within 45 days of receipt of the petition.
     (3) If the commission appoints a hearings
officer, the hearings officer shall prepare a proposed order, including
recommended findings and conclusions of law. The proposed order shall be served
on the Department of Land Conservation and Development and all parties to the
hearing within 30 days of the date the record closed.
     (4) If the commission appoints a hearings
officer, the commission review of the proposed order shall be limited to the record
of proceedings before the hearings officer. In its review of a proposed order,
the commission shall not receive new evidence but shall hear arguments as to
the proposed order and any exceptions. Any exception to the proposed order
shall be filed with the commission no later than 15 days following issuance of
the proposed order.
     (5) The commission shall adopt a final
order relative to a petition no later than 120 days from the date the petition
was filed. [1989 c.761 §6]
     197.330 [1973 c.80 §50; repealed by 1977 c.664 §42]
     197.335
Order for compliance with goals; review of order; withholding grant funds;
injunctions. (1) An order
issued under ORS 197.328 and the copy of the order mailed to the local
government, state agency or special district shall set forth:
     (a) The nature of the noncompliance,
including, but not limited to, the contents of the comprehensive plan or land
use regulation, if any, of a local government that do not comply with the goals
or the contents of a plan, program or regulation affecting land use adopted by
a state agency or special district that do not comply with the goals. In the
case of a pattern or practice of decision-making which violates the goals,
comprehensive plan or land use regulations, the order shall specify the decision-making
which constitutes the pattern or practice, including specific provisions the
Land Conservation and Development Commission believes are being misapplied;
     (b) The specific lands, if any, within a
local government for which the existing plan or land use regulation, if any,
does not comply with the goals; and
     (c) The corrective action decided upon by
the commission, including the specific requirements, with which the local
government, state agency or special district must comply. In the case of a
pattern or practice of decision-making that violates an acknowledged
comprehensive plan or land use regulation, the commission may require revisions
to the comprehensive plan, land use regulations or local procedures which the
commission believes are necessary to correct the pattern or practice.
Notwithstanding the provisions of this section, except as provided in
subsection (3)(c) of this section, an enforcement order does not affect:
     (A) Land use applications filed with a
local government prior to the date of adoption of the enforcement order unless
specifically identified by the order;
     (B) Land use approvals issued by a local
government prior to the date of adoption of the enforcement order; or
     (C) The time limit for exercising land use
approvals issued by a local government prior to the date of adoption of the
enforcement order.
     (2) Judicial review of a final order of
the commission shall be governed by the provisions of ORS chapter 183
applicable to contested cases except as otherwise stated in this section. The
commissionÂ’s final order shall include a clear statement of findings which set
forth the basis for the order. Where a petition to review the order has been
filed in the Court of Appeals, the commission shall transmit to the court the
entire administrative record of the proceeding under review. Notwithstanding
ORS 183.482 (3) relating to a stay of enforcement of an agency order, an
appellate court, before it may stay an order of the commission, shall give due
consideration to the public interest in the continued enforcement of the
commissionÂ’s order and may consider testimony or affidavits thereon. Upon
review, an appellate court may affirm, reverse, modify or remand the order. The
court shall reverse, modify or remand the order only if it finds:
     (a) The order to be unlawful in substance
or procedure, but error in procedure shall not be cause for reversal,
modification or remand unless the court shall find that substantial rights of
any party were prejudiced thereby;
     (b) The order to be unconstitutional;
     (c) The order is invalid because it
exceeds the statutory authority of the agency; or
     (d) The order is not supported by
substantial evidence in the whole record.
     (3)(a) If the commission finds that in the
interim period during which a local government, state agency or special
district would be bringing itself into compliance with the commissionÂ’s order
under ORS 197.320 or subsection (2) of this section it would be contrary to the
public interest in the conservation or sound development of land to allow the
continuation of some or all categories of land use decisions or limited land
use decisions, it shall, as part of its order, limit, prohibit or require the
approval by the local government of applications for subdivisions, partitions,
building permits, limited land use decisions or land use decisions until the
plan, land use regulation or subsequent land use decisions and limited land use
decisions are brought into compliance. The commission may issue an order that
requires review of local decisions by a hearings officer or the Department of
Land Conservation and Development before the local decision becomes final.
     (b) Any requirement under this subsection
may be imposed only if the commission finds that the activity, if continued,
aggravates the goal, comprehensive plan or land use regulation violation and
that the requirement is necessary to correct the violation.
     (c) The limitations on enforcement orders
under subsection (1)(c)(B) of this section shall not be interpreted to affect
the commissionÂ’s authority to limit, prohibit or require application of
specified criteria to subsequent land use decisions involving land use
approvals issued by a local government prior to the date of adoption of the
enforcement order.
     (4) As part of its order under ORS 197.320
or subsection (2) of this section, the commission may withhold grant funds from
the local government to which the order is directed. As part of an order issued
under this section, the commission may notify the officer responsible for disbursing
state-shared revenues to withhold that portion of state-shared revenues to
which the local government is entitled under ORS 221.770, 323.455, 366.762 and
366.800 and ORS chapter 471 which represents the amount of state planning grant
moneys previously provided the local government by the commission. The officer
responsible for disbursing state-shared revenues shall withhold state-shared
revenues as outlined in this section and shall release funds to the local
government or department when notified to so do by the commission or its
designee. The commission may retain a portion of the withheld revenues to cover
costs of providing services incurred under the order, including use of a
hearings officer or staff resources to monitor land use decisions and limited
land use decisions or conduct hearings. The remainder of the funds withheld
under this provision shall be released to the local government upon completion
of requirements of the commission order.
     (5)(a) As part of its order under this
section, the commission may notify the officer responsible for disbursing funds
from any grant or loan made by a state agency to withhold such funds from a
special district to which the order is directed. The officer responsible for
disbursing funds shall withhold funds as outlined in this section and shall
release funds to the special district or department when notified to do so by
the commission.
     (b) The commission may retain a portion of
the funds withheld to cover costs of providing services incurred under the order,
including use of a hearings officer or staff resources to monitor land use
decisions and limited land use decisions or conduct hearings. The remainder of
the funds withheld under this provision shall be released to the special
district upon completion of the requirements of the commission order.
     (6) The commission may institute actions
or proceedings for legal or equitable remedies in the Circuit Court for Marion
County or in the circuit court for the county to which the commissionÂ’s order
is directed or within which all or a portion of the applicable city is located
to enforce compliance with the provisions of any order issued under this
section or to restrain violations thereof. Such actions or proceedings may be
instituted without the necessity of prior agency notice, hearing and order on
an alleged violation. [1989 c.761 §7; 1991 c.817 §25; 1993 c.804 §11; 1995
c.301 §36; 1995 c.778 §1]
     197.340
Weight given to goals in planning practice; regional diversity and needs. (1) The Land Conservation and Development
Commission, the Department of Land Conservation and Development, other state
agencies and local governments shall give the goals equal weight in any matter
in which the goals are required to be applied.
     (2) The commission and the department shall
consider and recognize regional diversity and differences in regional needs
when making or reviewing a land use decision or otherwise applying the goals. [1981
c.748 §20; 1987 c.729 §1; 1995 c.521 §2]
     197.350
Burden of persuasion or proof in appeal to board or commission. (1) A party appealing a land use decision or
limited land use decision made by a local government to the board or Land
Conservation and Development Commission has the burden of persuasion.
     (2) A local government that claims an
exception to a goal adopted by the commission has the burden of persuasion.
     (3) There shall be no burden of proof in
administrative proceedings under ORS chapters 195, 196 and 197. [1981 c.748 §10a;
1983 c.827 §43; 1991 c.817 §26]
     197.352 [2005 c.1; 2007 c.354 §28; 2007 c.424 §4;
renumbered 195.305 in 2007]
     197.353
Measure 37 timelines; death of claimant. (1) As used in this section:
     (a) “Claimant” means a person that makes a
Measure 37 claim.
     (b) “Measure 37 claim” means a written
demand for compensation under ORS 197.352.
     (c) “Land use regulation” has the meaning
given that term in ORS 197.352.
     (d) “Owner” has the meaning given that
term in ORS 197.352.
     (e) “Public entity” has the meaning given
that term in ORS 197.352.
     (2) Notwithstanding ORS 197.352 (4) and
(6), if a Measure 37 claim was made on or after November 1, 2006:
     (a) Just compensation under ORS 197.352 is
due the owner of the property from the public entity only if the land use
regulation continues to be enforced against the property 540 days after the
Measure 37 claim is made to the public entity; and
     (b) The owner of the subject property has
a cause of action for compensation under ORS 197.352 (6) only if a land use
regulation continues to apply to the subject property more than 540 days after
the Measure 37 claim is made.
     (3) If a claimant is an individual, the
ability to make or prosecute a Measure 37 claim is not affected by the death of
the claimant during the extended review period provided by subsection (2) of
this section, and the ability to make or prosecute a Measure 37 claim for
property that belonged to the claimant passes to the person who acquires the
property by devise or by operation of law. [2007 c.133 §2]
     Note: 197.353 includes references to 197.352,
which was amended and renumbered as 195.305 by action of the Legislative
Assembly. See section 28, chapter 354, Oregon Laws 2007, and sections 1, 1a and
4, chapter 424, Oregon Laws 2007. The text of 197.353 was not amended to
reflect the amendments or renumbering. Editorial adjustment of 197.353 for the
amendments to and renumbering of 197.352 has not been made.
EXPEDITED
LAND DIVISIONS
     197.360
“Expedited land division” defined; applicability. (1) An expedited land division:
     (a) Is an action of a local government
that:
     (A) Includes land that is zoned for
residential uses and is within an urban growth boundary.
     (B) Is solely for the purposes of
residential use, including recreational or open space uses accessory to
residential use.
     (C) Does not provide for dwellings or accessory
buildings to be located on land that is specifically mapped and designated in
the comprehensive plan and land use regulations for full or partial protection
of natural features under the statewide planning goals that protect:
     (i) Open spaces, scenic and historic areas
and natural resources;
     (ii) The Willamette River Greenway;
     (iii) Estuarine resources;
     (iv) Coastal shorelands; and
     (v) Beaches and dunes.
     (D) Satisfies minimum street or other
right-of-way connectivity standards established by acknowledged land use
regulations or, if such standards are not contained in the applicable
regulations, as required by statewide planning goals or rules.
     (E) Creates enough lots or parcels to
allow building residential units at 80 percent or more of the maximum net
density permitted by the zoning designation of the site.
     (b) Is a land division that:
     (A) Will create three or fewer parcels
under ORS 92.010; and
     (B) Meets the criteria set forth for an
action under paragraph (a)(A) to (D) of this subsection.
     (2) An expedited land division as
described in this section is not a land use decision or a limited land use
decision under ORS 197.015 or a permit under ORS 215.402 or 227.160.
     (3) The provisions of ORS 197.360 to
197.380 apply to all elements of a local government comprehensive plan and land
use regulations applicable to a land division, including any planned unit
development standards and any procedures designed to regulate:
     (a) The physical characteristics of
permitted uses;
     (b) The dimensions of the lots or parcels
to be created; or
     (c) Transportation, sewer, water, drainage
and other facilities or services necessary for the proposed development,
including but not limited to right-of-way standards, facility dimensions and
on-site and off-site improvements.
     (4) An application to a local government
for an expedited land division shall describe the manner in which the proposed
division complies with each of the provisions of subsection (1) of this
section. [1995 c.595 §7]
     197.365
Application for expedited land division; notice requirements; procedure. When requested by an applicant for an
expedited land division, in lieu of the procedure set forth in its
comprehensive plan and land use regulations, the local government shall use the
following procedures for an expedited land division under ORS 197.360:
     (1)(a) If the application for expedited
land division is incomplete, the local government shall notify the applicant of
exactly what information is missing within 21 days of receipt of the
application and allow the applicant to submit the missing information. For
purposes of computation of time under this section, the application shall be
deemed complete on the date the applicant submits the requested information or
refuses in writing to submit it.
     (b) If the application was complete when
first submitted or the applicant submits the requested additional information
within 180 days of the date the application was first submitted, approval or
denial of the application shall be based upon the standards and criteria that
were applicable at the time the application was first submitted.
     (2) The local government shall provide
written notice of the receipt of the completed application for an expedited
land division to any state agency, local government or special district
responsible for providing public facilities or services to the development and
to owners of property within 100 feet of the entire contiguous site for which
the application is made. The notification list shall be compiled from the most
recent property tax assessment roll. For purposes of appeal to the referee
under ORS 197.375, this requirement shall be deemed met when the local
government can provide an affidavit or other certification that such notice was
given. Notice shall also be provided to any neighborhood or community planning
organization recognized by the governing body and whose boundaries include the
site.
     (3) The notice required under subsection
(2) of this section shall:
     (a) State:
     (A) The deadline for submitting written
comments;
     (B) That issues that may provide the basis
for an appeal to the referee must be raised in writing prior to the expiration
of the comment period; and
     (C) That issues must be raised with
sufficient specificity to enable the local government to respond to the issue.
     (b) Set forth, by commonly used citation,
the applicable criteria for the decision.
     (c) Set forth the street address or other
easily understood geographical reference to the subject property.
     (d) State the place, date and time that
comments are due.
     (e) State a time and place where copies of
all evidence submitted by the applicant will be available for review.
     (f) Include the name and telephone number
of a local government contact person.
     (g) Briefly summarize the local
decision-making process for the expedited land division decision being made.
     (4) After notice under subsections (2) and
(3) of this section, the local government shall:
     (a) Provide a 14-day period for submission
of written comments prior to the decision.
     (b) Make a decision to approve or deny the
application within 63 days of receiving a completed application, based on
whether it satisfies the substantive requirements of the local governmentÂ’s
land use regulations. An approval may include conditions to ensure that the application
meets the applicable land use regulations. For applications subject to this
section, the local government:
     (A) Shall not hold a hearing on the
application; and
     (B) Shall issue a written determination of
compliance or noncompliance with applicable land use regulations that includes
a summary statement explaining the determination. The summary statement may be
in any form reasonably intended to communicate the local governmentÂ’s basis for
the determination.
     (c) Provide notice of the decision to the
applicant and to those who received notice under subsection (2) of this section
within 63 days of the date of a completed application. The notice of decision
shall include:
     (A) The summary statement described in
paragraph (b)(B) of this subsection; and
     (B) An explanation of appeal rights under
ORS 197.375. [1995 c.595 §8]
     197.370
Failure of local government to approve or deny application within specified
time. (1) Except as provided
in subsection (2) of this section, if the local government does not make a
decision on an expedited land division within 63 days after the application is
deemed complete, the applicant may apply in the circuit court for the county in
which the application was filed for a writ of mandamus to compel the local
government to issue the approval. The writ shall be issued unless the local
government shows that the approval would violate a substantive provision of the
applicable land use regulations or the requirements of ORS 197.360. A decision
of the circuit court under this section may be appealed only to the Court of
Appeals.
     (2) After seven days’ notice to the
applicant, the governing body of the local government may, at a regularly
scheduled public meeting, take action to extend the 63-day time period to a
date certain for one or more applications for an expedited land division prior
to the expiration of the 63-day period, based on a determination that an
unexpected or extraordinary increase in applications makes action within 63
days impracticable. In no case shall an extension be to a date more than 120
days after the application was deemed complete. Upon approval of an extension,
the provisions of ORS 197.360 to 197.380, including the mandamus remedy
provided by subsection (1) of this section, shall remain applicable to the expedited
land division, except that the extended period shall be substituted for the
63-day period wherever applicable.
     (3) The decision to approve or not approve
an extension under subsection (2) of this section is not a land use decision or
limited land use decision. [1995 c.595 §9]
     197.375
Appeal of decision on application for expedited land division; notice
requirements; standards for review; procedure; costs. (1) An appeal of a decision made under ORS
197.360 and 197.365 shall be made as follows:
     (a) An appeal must be filed with the local
government within 14 days of mailing of the notice of the decision under ORS
197.365 (4), and shall be accompanied by a $300 deposit for costs.
     (b) A decision may be appealed by:
     (A) The applicant; or
     (B) Any person or organization who files
written comments in the time period established under ORS 197.365.
     (c) An appeal shall be based solely on
allegations:
     (A) Of violation of the substantive
provisions of the applicable land use regulations;
     (B) Of unconstitutionality of the
decision;
     (C) That the application is not eligible
for review under ORS 197.360 to 197.380 and should be reviewed as a land use
decision or limited land use decision; or
     (D) That the parties’ substantive rights
have been substantially prejudiced by an error in procedure by the local
government.
     (2) The local government shall appoint a
referee to decide the appeal of a decision made under ORS 197.360 and 197.365.
The referee shall not be an employee or official of the local government. However,
a local government that has designated a hearings officer under ORS 215.406 or
227.165 may designate the hearings officer as the referee for appeals of a
decision made under ORS 197.360 and 197.365.
     (3) Within seven days of being appointed
to decide the appeal, the referee shall notify the applicant, the local
government, the appellant if other than the applicant, any person or
organization entitled to notice under ORS 197.365 (2) that provided written
comments to the local government and all providers of public facilities and
services entitled to notice under ORS 197.365 (2) and advise them of the manner
in which they may participate in the appeal. A person or organization that
provided written comments to the local government but did not file an appeal
under subsection (1) of this section may participate only with respect to the
issues raised in the written comments submitted by that person or organization.
The referee may use any procedure for decision-making consistent with the
interests of the parties to ensure a fair opportunity to present information
and argument. The referee shall provide the local government an opportunity to
explain its decision, but is not limited to reviewing the local government
decision and may consider information not presented to the local government.
     (4)(a) The referee shall apply the
substantive requirements of the local governmentÂ’s land use regulations and ORS
197.360. If the referee determines that the application does not qualify as an
expedited land division as described in ORS 197.360, the referee shall remand
the application for consideration as a land use decision or limited land use
decision. In all other cases, the referee shall seek to identify means by which
the application can satisfy the applicable requirements.
     (b) The referee may not reduce the density
of the land division application. The referee shall make a written decision
approving or denying the application or approving it with conditions designed
to ensure that the application satisfies the land use regulations, within 42
days of the filing of an appeal. The referee may not remand the application to
the local government for any reason other than as set forth in this subsection.
     (5) Unless the governing body of the local
government finds exigent circumstances, a referee who fails to issue a written
decision within 42 days of the filing of an appeal shall receive no
compensation for service as referee in the appeal.
     (6) Notwithstanding any other provision of
law, the referee shall order the local government to refund the deposit for
costs to an appellant who materially improves his or her position from the
decision of the local government. The referee shall assess the cost of the
appeal in excess of the deposit for costs, up to a maximum of $500, including
the deposit paid under subsection (1) of this section, against an appellant who
does not materially improve his or her position from the decision of the local
government. The local government shall pay the portion of the costs of the
appeal not assessed against the appellant. The costs of the appeal include the
compensation paid the referee and costs incurred by the local government, but
not the costs of other parties.
     (7) The Land Use Board of Appeals does not
have jurisdiction to consider any decisions, aspects of decisions or actions
made under ORS 197.360 to 197.380.
     (8) Any party to a proceeding before a
referee under this section may seek judicial review of the refereeÂ’s decision
in the manner provided for review of final orders of the Land Use Board of
Appeals under ORS 197.850 and 197.855. The Court of Appeals shall review
decisions of the referee in the same manner as provided for review of final
orders of the Land Use Board of Appeals in those statutes. However,
notwithstanding ORS 197.850 (9) or any other provision of law, the court shall
reverse or remand the decision only if the court finds:
     (a) That the decision does not concern an
expedited land division as described in ORS 197.360 and the appellant raised
this issue in proceedings before the referee;
     (b) That there is a basis to vacate the
decision as described in ORS 36.705 (1)(a) to (d), or a basis for modification
or correction of an award as described in ORS 36.710; or
     (c) That the decision is unconstitutional.
[1995 c.595 §10; 2003 c.598 §37]
     197.380
Application fees for expedited land division. Each city and county shall establish an application fee for an
expedited land division. The fee shall be set at a level calculated to recover
the estimated full cost of processing an application, including the cost of
appeals to the referee under ORS 197.375, based on the estimated average cost
of such applications. Within one year of establishing the fee required under
this section, the city or county shall review and revise the fee, if necessary,
to reflect actual experience in processing applications under ORS 197.360 to
197.380. [1995 c.595 §11; 1999 c.348 §8]
ACTIVITIES ON
     197.390
Activities on federal land; list; permit required; enjoining violations. (1) The Land Conservation and Development
Commission shall study and compile a list of all activities affecting land use
planning which occur on federal land and which the state may regulate or
control in any degree.
     (2) No activity listed by the commission
pursuant to subsection (1) of this section which the state may regulate or
control which occurs upon federal land shall be undertaken without a permit
issued under ORS 197.395.
     (3) Any person or agency acting in
violation of subsection (2) of this section may be enjoined in civil
proceedings brought in the name of the State of
     197.395
Application for permit; review and issuance; conditions; restrictions; review. (1) Any person or public agency desiring to
initiate an activity which the state may regulate or control and which occurs
upon federal land shall apply to the local government in which the activity
will take place for a permit. The application shall contain an explanation of
the activity to be initiated, the plans for the activity and any other
information required by the local government as prescribed by rule of the Land
Conservation and Development Commission.
     (2) If the local government finds after
review of the application that the proposed activity complies with goals and
the comprehensive plans of the local government affected by the activity, it
shall approve the application and issue a permit for the activity to the person
or public agency applying for the permit. If the governing body does not
approve or disapprove the permit within 60 days of receipt of the application,
the application shall be considered approved.
     (3) The local government may prescribe and
include in the permit any conditions or restrictions that it considers
necessary to assure that the activity complies with the goals and the
comprehensive plans of the local governments affected by the activity.
     (4) Actions pursuant to this section are
subject to review under ORS 197.830 to 197.845. [1975 c.486 §3; 1977 c.664 §26;
1979 c.772 §7c; 1981 c.748 §40; 1983 c.827 §44]
     197.400 [1973 c.80 §25; 1977 c.664 §27; repealed by
1981 c.748 §56]
AREAS OF
CRITICAL CONCERN
     197.405
Designation of areas of critical state concern; commission recommendation;
committee review; approval by Legislative Assembly. (1) The Land Conservation and Development
Commission may recommend to appropriate legislative committees the designation
of areas of critical state concern. Each such recommendation:
     (a) Shall specify the reasons for the
implementation of additional state regulations for the described geographic
area;
     (b) Shall include a brief summary of the
existing programs and regulations of state and local agencies applicable to the
area;
     (c) May include a management plan for the
area indicating the programs and regulations of state and local agencies, if
any, unaffected by the proposed state regulations for the area;
     (d) May establish permissible use
limitations for all or part of the area;
     (e) Shall locate a boundary describing the
area; and
     (f) May designate permissible use
standards for all or part of the lands within the area or establish standards
for issuance or denial of designated state or local permits regulating
specified uses of lands in the area, or both.
     (2) The commission may act under
subsection (1) of this section on its own motion or upon the recommendation of
a state agency or a local government. If the commission receives a
recommendation from a state agency or a local government and finds the proposed
area to be unsuitable for designation, it shall notify the state agency or the
local government of its decision and its reasons for that decision.
     (3) Immediately following its decision to
favorably recommend to the Legislative Assembly the designation of an area of
critical state concern, the commission shall submit the proposed designation
accompanied by the supporting materials described in subsection (1) of this
section to the appropriate legislative committees for review.
     (4) No proposed designation under
subsection (1) of this section shall take effect unless it has first been
submitted to appropriate legislative committees under subsection (3) of this
section and has been approved by the Legislative Assembly. The Legislative
Assembly may adopt, amend or reject the proposed designation. [1973 c.80 §26;
1977 c.664 §28; 1981 c.748 §12; 2007 c.354 §11]
     197.410
Use and activities regulated; enjoining violations. (1) No use or activity subjected to state
regulations required or allowed for a designated area of critical state concern
shall be undertaken except in accordance with the applicable state regulations.
     (2) Any person or agency acting in
violation of subsection (1) of this section may be enjoined in civil
proceedings brought in the name of the county or the State of
     197.415 [1973 c.80 §27; 1977 c.664 §30; repealed by
1981 c.748 §56]
     197.420 [1973 c.80 §28; 1977 c.664 §31; repealed by
1981 c.748 §56]
     197.425 [1973 c.80 §29; 1977 c.664 §32; repealed by
1981 c.748 §56]
     197.430
Enforcement powers. If the
county governing body or the Land Conservation and Development Commission
determines the existence of an alleged violation under ORS 197.410, it may:
     (1) Investigate, hold hearings, enter
orders and take action that it deems appropriate under ORS chapters 195, 196
and 197, as soon as possible.
     (2) For the purpose of investigating
conditions relating to the violation, through its members or its duly
authorized representatives, enter at reasonable times upon any private or
public property.
     (3) Conduct public hearings.
     (4) Publish its findings and
recommendations as they are formulated relative to the violation.
     (5) Give notice of any order relating to a
particular violation of the state regulations for the area involved or a particular
violation of ORS chapters 195, 196 and 197 by mailing notice to the person or
public body conducting or proposing to conduct the project affected in the
manner provided by ORS chapter 183. [1973 c.80 §31; 1977 c.664 §33; 1981 c.748 §14]
SITING
     197.431
Expansion of speedway destination site. (1) If the site described in ORS 197.433 (1) is developed and used as
a major motor speedway with sanctioned, premier, high speed automobile racing
within five years after the county issues a certificate of occupancy for the
major motor speedway, the site may be expanded to include additional lands that
are adjacent to the site if the additional lands are:
     (a) Located in Morrow County within
township 4 north, range 24 east of the Willamette Meridian, sections 7, 8, 9,
10, 15, 16, 17, 18, 19, 20, 21 and 22 and the northeast quarter section of
section 27; and
     (b) Approved as part of a master plan as
provided in this section.
     (2) After the major motor speedway is
developed and used for sanctioned, premier, high speed automobile racing, the
governing body of Morrow County may authorize inclusion of the following uses
on the speedway destination site that are proposed in a master plan:
     (a)
     (b) Associated uses and facilities not
previously authorized pursuant to ORS 197.433 (4).
     (c) A speedway theme park not previously
authorized pursuant to ORS 197.433 (4).
     (d) A speedway destination resort, if the
speedway destination resort is approved by Morrow County, subject to the
requirements of ORS 197.435 to 197.467, except that the proposed speedway
destination resort site need not be included on a map of eligible lands for
destination resorts within the county otherwise required under ORS 197.455, but
the proposed speedway destination resort site must meet the siting criteria of
ORS 197.455.
     (3) The
     (a) Set forth the discretionary approvals,
if any, required for completion of the development specified in the plan;
     (b) Identify the conditions, terms,
restrictions and requirements for discretionary approvals;
     (c) Establish a process for amending the
plan;
     (d) If the proposed development of the
speedway destination site is to be constructed in phases, specify the dates on
which each phase of phased construction is projected to begin and end;
     (e) Except as otherwise provided in this
section, comply with the Morrow County comprehensive plan and land use
regulations in existence at the time of the application; and
     (f) Identify proposed comprehensive plan
amendments or zone changes that are necessary to authorize development of a
speedway destination site and uses proposed as part of the plan.
     (4) The governing body of Morrow County
shall review a master plan and proposed changes to the acknowledged
comprehensive plan and land use regulations that are necessary to implement a
proposed master plan as provided in ORS 197.610 to 197.625 and may approve the
master plan and the proposed changes if at the time of approval:
     (a) The major motor speedway is used for
sanctioned, premier, high speed automobile racing; and
     (b) The master plan conforms to the
requirements of this section and other applicable laws and specifies:
     (A) The duration and phasing of
development proposed by the plan.
     (B) A description, including location, of
the proposed uses on the site, including:
     (i) The proposed changes to the major
motor speedway;
     (ii) The proposed associated uses and
facilities;
     (iii) The proposed speedway supporting
uses and facilities;
     (iv) A speedway destination resort;
     (v) A speedway theme park;
     (vi) Sewage works for the speedway
destination site, including all facilities necessary for collecting, pumping,
treating and disposing of sewage;
     (vii) Drainage works for the speedway
destination site, including facilities necessary for collecting, pumping and
disposing of storm and surface water;
     (viii) Water supply works and service for
the speedway destination site, including the facilities necessary for tapping
natural sources of domestic and industrial water, treating and protecting the
quality of the water and transmitting it to the site;
     (ix) Public parks and recreation
facilities, including land and facilities that are necessary for administering
and maintaining the public parks, recreation facilities and recreation
services;
     (x) Public transportation, including
public depots, public parking, storage and maintenance facilities and other
equipment necessary for the transportation of users and patrons of the major
motor speedway and their personal property; and
     (xi) Public and private roads.
     (C) A description, including location, of
additional uses that are not specified in this section, if the additional uses
are proposed and approved in accordance with applicable laws, statewide land
use planning goals and the provisions of the comprehensive plan and land use
regulations implementing the comprehensive plan.
     (D) The density and intensity of proposed
uses.
     (E) A schedule and plan for obtaining
local government review of permits and other authorizations required for the
development of allowed uses.
     (F) The parties responsible for providing
speedway destination site infrastructure and services. [2007 c.819 §4]
     Note: 197.431 to 197.434 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
197 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     197.432
Definitions for ORS 197.431 to 197.434. As used in ORS 197.431 to 197.434:
     (1) “Associated uses and facilities”
means:
     (a) Speedway-related and accessory uses
and facilities identified in the findings; and
     (b) Road course garage units.
     (2) “Findings” means the Morrow County
Findings of Fact and Conclusions of Law, dated June 21, 2002, and September 24,
2003, in the matter of an application by the
     (3) “Major motor speedway” means one or
more race tracks including, at a minimum:
     (a) An asphalt oval super speedway of at
least seven-eighths mile with grandstand seating capacity of 20,000 or more; or
     (b) An asphalt road course of at least two
miles with grandstand seating capacity of 20,000 or more.
     (4) “Premier, high speed automobile racing”
means automobile racing that is projected to attract 20,000 or more spectators
to a race.
     (5) “Road course garage unit” means a
facility consisting of garages and residential spaces not intended for
overnight use.
     (6) “Sanctioned” means subject to
contractual agreements with one or more major professional automobile racing
organizations that may include, but are not limited to:
     (a) Champ Car;
     (b) Indy Racing League (IRL);
     (c) National Association for Stock Car Auto
Racing, Inc. (NASCAR);
     (d) World of Outlaws (WoO);
     (e) National Hot Rod Association (NHRA);
     (f) International Hot Rod Association
(IHRA);
     (g) Sports Car Club of
     (h)
     (i) Automobile Club de l’Ouest (American
Le Mans); and
     (j) Fédération Internationale de l’Automobile
(FIA).
     (7) “
     (8) “
     (9) “Speedway supporting uses and
facilities” means transient lodging, restaurants, meeting facilities and other
commercial uses limited to the types and levels of use necessary to meet the
needs of users and patrons of a major motor speedway.
     (10) “Speedway theme park” means an
amusement park associated with a major motor speedway and based on a speedway
theme that:
     (a) Is developed and operated primarily
for the purpose of entertaining users and patrons of the major motor speedway,
but available, as well, to the general public; and
     (b) Consists of a collection of
entertainment uses and facilities commonly associated with outdoor fairs and
theme parks:
     (A) Including mechanical rides, games,
go-cart tracks, miniature golf courses, BMX bicycle tracks, water parks and
athletic fields; and
     (B) Not including cinemas, bowling alleys,
theaters, concert halls or similar recreational or entertainment uses commonly
allowed inside urban growth boundaries.
     (11) “Transient lodging” means a unit
consisting of a room or a suite of rooms that is available for a period of
occupancy that typically does not exceed 30 days and for which the lodging
operator:
     (a) Charges on a daily basis and does not
collect more than six days in advance; and
     (b) Provides maid and linen service daily
or every two days as part of the regularly charged cost of occupancy. [2005
c.842 §1; 2007 c.819 §1]
     Note: See note under 197.431.
     197.433
Development of major motor speedway. (1) On a site approved for development of a major motor speedway,
pursuant to an exception to statewide land use planning goals relating to
agricultural lands, public facilities and services and urbanization that was
acknowledged before September 2, 2005, if the site is developed and used as a
major motor speedway with sanctioned, premier, high speed automobile racing
within five years after the county issues a certificate of occupancy for the
major motor speedway, the governing body of Morrow County or its designee may
authorize the ancillary development of transient lodging, associated uses and
facilities and a speedway theme park that were not previously authorized under
subsection (4) of this section:
     (a) Without taking further exception to
the statewide land use planning goals relating to agricultural lands, public
facilities and services and urbanization.
     (b) Primarily for the use of users and
patrons of the major motor speedway but available, as well, to the general
public.
     (c) Without regard to the limitations on
the size or occupancy of speedway-related and accessory uses and facilities
specified in the findings.
     (d) Without regard to use limitations
specified in section H (10) of the June 21, 2002, findings for a multipurpose
recreational facility.
     (e) Without regard to the limitation on
hours of operation specified in the findings for outdoor recreational
facilities.
     (2) The major motor speedway authorized in
the findings and by this section may be developed:
     (a) Without taking further exception to
the statewide land use planning goals relating to agricultural lands, public
facilities and services and urbanization.
     (b) Without regard to the specific size,
placement or configuration of the tracks specified in the findings.
     (3) Subject to the requirements of ORS
197.610 to 197.625, notwithstanding the local process for review and approval
of a proposal to amend the acknowledged comprehensive plan and land use
regulations that is contained in an acknowledged comprehensive plan and land
use regulations, the governing body of Morrow County may review and approve a
proposal to make the changes to the acknowledged comprehensive plan and land use
regulations to allow the uses authorized by this section on the site described
in subsection (1) of this section through an expedited local review and
approval process in which the final approval of the county may be granted after
only one evidentiary hearing.
     (4) Notwithstanding subsection (1) of this
section, the governing body of Morrow County may approve the development, in
conjunction with the development of the major motor speedway, but prior to the
establishment of sanctioned, premier, high speed automobile racing at the major
motor speedway, of up to 250 road course garage units, 100 units of transient
lodging with an associated restaurant and public facilities necessary to
support those uses.
     (5) Impacts of a speedway destination
site, adjacent residential development and transient lodging on the
transportation system must be mitigated to the satisfaction of the Department
of Transportation at the time of development. [2005 c.842 §2; 2007 c.819 §2]
     Note: See note under 197.431.
     197.434
Traffic impacts of speedway destination. (1) The private developer of the speedway destination site is
financially responsible for addressing, through traffic infrastructure
improvements and upgrades, adverse traffic impacts that cannot be adequately
mitigated, in the judgment of road authorities, through the use of temporary
traffic management measures.
     (2) The private developer, or the
organizer of a specific event or activity at the speedway destination site, is
financially responsible for temporary traffic management measures required to
mitigate the adverse traffic impacts of events or activities at the speedway
destination site.
     (3) Notwithstanding subsections (1) and
(2) of this section, transportation infrastructure projects required by the
establishment and use of the major motor speedway may receive funding from any
source of moneys for transportation infrastructure projects. [2005 c.842 §3]
     Note: See note under 197.431.
SITING OF
DESTINATION RESORTS
     197.435
Definitions for ORS 197.435 to 197.467. As used in ORS 197.435 to 197.467:
     (1) “Developed recreational facilities”
means improvements constructed for the purpose of recreation and may include
but are not limited to golf courses, tennis courts, swimming pools, marinas,
ski runs and bicycle paths.
     (2) “High value crop area” means an area
in which there is a concentration of commercial farms capable of producing
crops or products with a minimum gross value of $1,000 per acre per year. These
crops and products include field crops, small fruits, berries, tree fruits,
nuts or vegetables, dairying, livestock feedlots or Christmas trees as these
terms are used in the 1983 County and State Agricultural Estimates prepared by
the Oregon State University Extension Service. The “high value crop area”
designation is used for the purpose of minimizing conflicting uses in resort
siting and does not revise the requirements of an agricultural land goal or
administrative rules interpreting the goal.
     (3) “Map of eligible lands” means a map of
the county adopted pursuant to ORS 197.455.
     (4) “Open space” means any land that is
retained in a substantially natural condition or is improved for recreational
uses such as golf courses, hiking or nature trails or equestrian or bicycle
paths or is specifically required to be protected by a conservation easement.
Open spaces may include ponds, lands protected as important natural features,
lands preserved for farm or forest use and lands used as buffers. Open space
does not include residential lots or yards, streets or parking areas.
     (5) “Overnight lodgings” means:
     (a) With respect to lands not identified
in paragraph (b) of this subsection, permanent, separately rentable
accommodations that are not available for residential use, including hotel or
motel rooms, cabins and time-share units. Individually owned units may be
considered overnight lodgings if they are available for overnight rental use by
the general public for at least 45 weeks per calendar year through a central
reservation and check-in service. Tent sites, recreational vehicle parks,
manufactured dwellings, dormitory rooms and similar accommodations do not
qualify as overnight lodgings for the purpose of this definition.
     (b) With respect to lands in eastern
     (6) “Self-contained development” means a
development for which community sewer and water facilities are provided on-site
and are limited to meet the needs of the development or are provided by
existing public sewer or water service as long as all costs related to service
extension and any capacity increases are borne by the development. A “self-contained
development” must have developed recreational facilities provided on-site.
     (7) “Tract” means a lot or parcel or more
than one contiguous lot or parcel in a single ownership. A tract may include
property that is not included in the proposed site for a destination resort if
the property to be excluded is on the boundary of the tract and constitutes
less than 30 percent of the total tract.
     (8) “Visitor-oriented accommodations”
means overnight lodging, restaurants and meeting facilities that are designed
to and provide for the needs of visitors rather than year-round residents. [1987
c.886 §3; 1989 c.648 §52; 1993 c.590 §1; 2003 c.812 §1; 2005 c.22 §140]
     197.440
Legislative findings. The
Legislative Assembly finds that:
     (1) It is the policy of this state to
promote
     (2) There is a growing need to provide
year-round destination resort accommodations to attract visitors and encourage
them to stay longer. The establishment of destination resorts will provide jobs
for Oregonians and contribute to the stateÂ’s economic development;
     (3) It is a difficult and costly process
to site and establish destination resorts in rural areas of this state; and
     (4) The siting of destination resort
facilities is an issue of statewide concern. [1987 c.886 §2]
     197.445
Destination resort criteria; phase-in requirements; annual accounting. A destination resort is a self-contained
development that provides for visitor-oriented accommodations and developed
recreational facilities in a setting with high natural amenities. To qualify as
a destination resort under ORS 30.947, 197.435 to 197.467, 215.213, 215.283 and
215.284, a proposed development must meet the following standards:
     (1) The resort must be located on a site
of 160 acres or more except within two miles of the ocean shoreline where the
site shall be 40 acres or more.
     (2) At least 50 percent of the site must
be dedicated to permanent open space, excluding streets and parking areas.
     (3) At least $7 million must be spent on
improvements for on-site developed recreational facilities and visitor-oriented
accommodations exclusive of costs for land, sewer and water facilities and
roads. Not less than one-third of this amount must be spent on developed
recreational facilities.
     (4) Visitor-oriented accommodations
including meeting rooms, restaurants with seating for 100 persons and 150
separate rentable units for overnight lodging shall be provided. However, the
rentable overnight lodging units may be phased in as follows:
     (a) On lands not described in paragraph
(b) of this subsection:
     (A) A total of 150 units of overnight
lodging must be provided.
     (B) At least 75 units of overnight
lodging, not including any individually owned homes, lots or units, must be
constructed or guaranteed through surety bonding or equivalent financial
assurance prior to the closure of sale of individual lots or units.
     (C) The remaining overnight lodging units
must be provided as individually owned lots or units subject to deed
restrictions that limit their use to use as overnight lodging units. The deed
restrictions may be rescinded when the resort has constructed 150 units of
permanent overnight lodging as required by this subsection.
     (D) The number of units approved for
residential sale may not be more than two units for each unit of permanent
overnight lodging provided under this paragraph.
     (E) The development approval must provide
for the construction of other required overnight lodging units within five
years of the initial lot sales.
     (b) On lands in eastern
     (A) A total of 150 units of overnight
lodging must be provided.
     (B) At least 50 units of overnight lodging
must be constructed prior to the closure of sale of individual lots or units.
     (C) At least 50 of the remaining 100
required overnight lodging units must be constructed or guaranteed through
surety bonding or equivalent financial assurance within five years of the
initial lot sales.
     (D) The remaining required overnight
lodging units must be constructed or guaranteed through surety bonding or
equivalent financial assurances within 10 years of the initial lot sales.
     (E) The number of units approved for
residential sale may not be more than 2-1/2 units for each unit of permanent
overnight lodging provided under this paragraph.
     (F) If the developer of a resort
guarantees the overnight lodging units required under subparagraphs (C) and (D)
of this paragraph through surety bonding or other equivalent financial
assurance, the overnight lodging units must be constructed within four years of
the date of execution of the surety bond or other equivalent financial
assurance.
     (5) Commercial uses allowed are limited to
types and levels of use necessary to meet the needs of visitors to the
development. Industrial uses of any kind are not permitted.
     (6) In lieu of the standards in
subsections (1), (3) and (4) of this section, the standards set forth in
subsection (7) of this section apply to a destination resort:
     (a) On land that is not defined as
agricultural or forest land under any statewide planning goal;
     (b) On land where there has been an
exception to any statewide planning goal on agricultural lands, forestlands,
public facilities and services and urbanization; or
     (c) On such secondary lands as the Land Conservation
and Development Commission deems appropriate.
     (7) The following standards apply to the
provisions of subsection (6) of this section:
     (a) The resort must be located on a site
of 20 acres or more.
     (b) At least $2 million must be spent on
improvements for on-site developed recreational facilities and visitor-oriented
accommodations exclusive of costs for land, sewer and water facilities and
roads. Not less than one-third of this amount must be spent on developed
recreational facilities.
     (c) At least 25 units, but not more than
75 units, of overnight lodging must be provided.
     (d) Restaurant and meeting room with at
least one seat for each unit of overnight lodging must be provided.
     (e) Residential uses must be limited to
those necessary for the staff and management of the resort.
     (f) The governing body of the county or
its designee has reviewed the resort proposed under this subsection and has
determined that the primary purpose of the resort is to provide lodging and
other services oriented to a recreational resource which can only reasonably be
enjoyed in a rural area. Such recreational resources include, but are not
limited to, a hot spring, a ski slope or a fishing stream.
     (g) The resort must be constructed and
located so that it is not designed to attract highway traffic. Resorts may not
use any manner of outdoor advertising signing except:
     (A) Tourist oriented directional signs as
provided in ORS 377.715 to 377.830; and
     (B) On-site identification and directional
signs.
     (8) Spending required under subsections
(3) and (7) of this section is stated in 1993 dollars. The spending required
shall be adjusted to the year in which calculations are made in accordance with
the United States Consumer Price Index.
     (9) When making a land use decision
authorizing construction of a destination resort in eastern
     (a) Documentation showing that the resort
contains a minimum of 150 permanent units of overnight lodging or, during the
phase-in period, documentation showing the resort is not yet required to have
constructed 150 units of overnight lodging.
     (b) Documentation showing that the resort
meets the lodging ratio described in subsection (4) of this section.
     (c) For a resort counting individually
owned units as qualified overnight lodging units, the number of weeks that each
overnight lodging unit is available for rental to the general public as
described in ORS 197.435. [1987 c.886 §4; 1993 c.590 §2; 2003 c.812 §2; 2005
c.22 §141; 2007 c.593 §1]
     197.450
Siting without taking goal exception. In accordance with the provisions of ORS 30.947, 197.435 to 197.467,
215.213, 215.283 and 215.284, a comprehensive plan may provide for the siting
of a destination resort on rural lands without taking an exception to statewide
planning goals relating to agricultural lands, forestlands, public facilities
and services or urbanization. [1987 c.886 §5]
     197.455
Siting of destination resorts; sites from which destination resort excluded. (1) A destination resort must be sited on
lands mapped as eligible for destination resort siting by the affected county.
The county may not allow destination resorts approved pursuant to ORS 197.435
to 197.467 to be sited in any of the following areas:
     (a) Within 24 air miles of an urban growth
boundary with an existing population of 100,000 or more unless residential uses
are limited to those necessary for the staff and management of the resort.
     (b)(A) On a site with 50 or more
contiguous acres of unique or prime farmland identified and mapped by the
United States Natural Resources Conservation Service, or its predecessor
agency.
     (B) On a site within three miles of a high
value crop area unless the resort complies with the requirements of ORS 197.445
(6) in which case the resort may not be closer to a high value crop area than
one-half mile for each 25 units of overnight lodging or fraction thereof.
     (c) On predominantly Cubic Foot Site Class
1 or 2 forestlands as determined by the State Forestry Department, which are
not subject to an approved goal exception.
     (d) In the Columbia River Gorge National
Scenic Area as defined by the Columbia River Gorge National Scenic Act, P.L.
99-663.
     (e) In an especially sensitive big game
habitat area as determined by the State Department of Fish and Wildlife in July
1984 or as designated in an acknowledged comprehensive plan.
     (2) In carrying out subsection (1) of this
section, a county shall adopt, as part of its comprehensive plan, a map
consisting of eligible lands within the county. The map must be based on
reasonably available information and may be amended pursuant to ORS 197.610 to
197.625, but not more frequently than once every 30 months. The county shall
develop a process for collecting and processing concurrently all map amendments
made within a 30-month planning period. A map adopted pursuant to this section
shall be the sole basis for determining whether tracts of land are eligible for
destination resort siting pursuant to ORS 197.435 to 197.467. [1987 c.886 §6;
1993 c.590 §3; 1997 c.249 §57; 2003 c.812 §3; 2005 c.22 §142; 2005 c.205 §1]
     197.460
Compatibility with adjacent land uses; county measures. A county shall insure that a destination
resort is compatible with the site and adjacent land uses through the following
measures:
     (1) Important natural features, including
habitat of threatened or endangered species, streams, rivers and significant
wetlands shall be retained. Riparian vegetation within 100 feet of streams,
rivers and significant wetlands shall be retained. Alteration of important
natural features, including placement of structures which maintain the overall
values of the feature may be allowed.
     (2) Improvements and activities shall be
located and designed to avoid or minimize adverse effects of the resort on uses
on surrounding lands, particularly effects on intensive farming operations in
the area. At a minimum, measures to accomplish this shall include:
     (a) Establishment and maintenance of
buffers between the resort and adjacent land uses, including natural vegetation
and where appropriate, fences, berms, landscaped areas and other similar types
of buffers.
     (b) Setbacks of structures and other
improvements from adjacent land uses. [1987 c.886 §7]
     197.462
Use of land excluded from destination resort. A portion of a tract that is excluded from the site of a destination
resort pursuant to ORS 197.435 (7) shall not be used or operated in conjunction
with the resort. Subject to this limitation, the use of the excluded property
shall be governed by otherwise applicable law. [1993 c.590 §7]
     197.465
Comprehensive plan implementing measures. An acknowledged comprehensive plan that allows for siting of a
destination resort shall include implementing measures which:
     (1) Map areas where a destination resort
described in ORS 197.445 (1) to (5) is permitted pursuant to ORS 197.455;
     (2) Limit uses and activities to those
defined by ORS 197.435 and allowed by ORS 197.445; and
     (3) Assure that developed recreational
facilities and key facilities intended to serve the entire development and
visitor-oriented accommodations are physically provided or are guaranteed
through surety bonding or substantially equivalent financial assurances prior
to closure of sale of individual lots or units. In phased developments,
developed recreational facilities and other key facilities intended to serve a
particular phase shall be constructed prior to sales in that phase or
guaranteed through surety bonding. [1987 c.886 §8]
     197.467
Conservation easement to protect resource site. (1) If a tract to be used as a destination
resort contains a resource site designated for protection in an acknowledged
comprehensive plan pursuant to open spaces, scenic and historic areas and
natural resource goals in an acknowledged comprehensive plan, that tract of
land shall preserve that site by conservation easement sufficient to protect
the resource values of the resource site as set forth in ORS 271.715 to
271.795.
     (2) A conservation easement under this
section shall be recorded with the property records of the tract on which the
destination resort is sited. [1993 c.590 §5]
MOBILE HOME,
MANUFACTURED DWELLING AND RECREATIONAL VEHICLE PARKS
     197.475
Policy. The Legislative
Assembly declares that it is the policy of this state to provide for mobile
home or manufactured dwelling parks within all urban growth boundaries to allow
persons and families a choice of residential settings. [1987 c.785 §3; 1989
c.648 §53]
     197.480
Planning for parks; procedures; inventory. (1) Each city and county governing body shall provide, in accordance
with urban growth management agreements, for mobile home or manufactured
dwelling parks as an allowed use, by July 1, 1990, or by the next periodic
review after January 1, 1988, whichever comes first:
     (a) By zoning ordinance and by
comprehensive plan designation on buildable lands within urban growth
boundaries; and
     (b) In areas planned and zoned for a
residential density of six to 12 units per acre sufficient to accommodate the
need established pursuant to subsections (2) and (3) of this section.
     (2) A city or county shall establish a
projection of need for mobile home or manufactured dwelling parks based on:
     (a) Population projections;
     (b) Household income levels;
     (c) Housing market trends of the region;
and
     (d) An inventory of mobile home or
manufactured dwelling parks sited in areas planned and zoned or generally used
for commercial, industrial or high density residential development.
     (3) The inventory required by subsection
(2)(d) and subsection (4) of this section shall establish the need for areas to
be planned and zoned to accommodate the potential displacement of the
inventoried mobile home or manufactured dwelling parks.
     (4) Notwithstanding the provisions of
subsection (1) of this section, a city or county within a metropolitan service
district, established pursuant to ORS chapter 268, shall inventory the mobile
home or manufactured dwelling parks sited in areas planned and zoned or
generally used for commercial, industrial or high density residential
development no later than two years from September 27, 1987.
     (5)(a) A city or county may establish
clear and objective criteria and standards for the placement and design of
mobile home or manufactured dwelling parks.
     (b) If a city or county requires a hearing
before approval of a mobile home or manufactured dwelling park, application of
the criteria and standards adopted pursuant to paragraph (a) of this subsection
shall be the sole issue to be determined at the hearing.
     (c) No criteria or standards established
under paragraph (a) of this subsection shall be adopted which would preclude
the development of mobile home or manufactured dwelling parks within the intent
of ORS 197.295 and 197.475 to 197.490. [1987 c.785 §4; 1989 c.648 §54]
     197.485
Prohibition on restrictions of manufactured dwelling. (1) A jurisdiction may not prohibit
placement of a manufactured dwelling, due solely to its age, in a mobile home
or manufactured dwelling park in a zone with a residential density of eight to
12 units per acre.
     (2) A jurisdiction may not prohibit
placement of a manufactured dwelling, due solely to its age, on a buildable lot
or parcel located outside urban growth boundaries or on a space in a mobile
home or manufactured dwelling park, if the manufactured dwelling is being
relocated due to the closure of a mobile home or manufactured dwelling park or
a portion of a mobile home or manufactured dwelling park.
     (3) A jurisdiction may impose reasonable
safety and inspection requirements for homes that were not constructed in
conformance with the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. 5403). [1987 c.785 §5; 1989 c.648 §55; 2005
c.22 §143; 2005 c.826 §12; 2007 c.906 §10]
     197.490
Restriction on establishment of park. (1) Except as provided by ORS 446.105, a mobile home or manufactured
dwelling park shall not be established on land, within an urban growth
boundary, which is planned or zoned for commercial or industrial use.
     (2) Notwithstanding the provisions of
subsection (1) of this section, if no other access is available, access to a
mobile home or manufactured dwelling park may be provided through a commercial
or industrial zone. [1987 c.785 §6; 1989 c.648 §56]
     197.492
Definitions for ORS 197.492 and 197.493. As used in this section and ORS 197.493:
     (1) “Manufactured dwelling park,” “mobile
home park” and “recreational vehicle” have the meaning given those terms in ORS
446.003.
     (2) “Recreational vehicle park”:
     (a) Means a place where two or more
recreational vehicles are located within 500 feet of one another on a lot,
tract or parcel of land under common ownership and having as its primary
purpose:
     (A) The renting of space and related
facilities for a charge or fee; or
     (B) The provision of space for free in
connection with securing the patronage of a person.
     (b) Does not mean:
     (A) An area designated only for picnicking
or overnight camping; or
     (B) A manufactured dwelling park or mobile
home park. [2005 c.619 §11]
     Note: 197.492 and 197.493 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
197 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     197.493
Placement and occupancy of recreational vehicle. (1) A state agency or local government may
not prohibit the placement or occupancy of a recreational vehicle, or impose
any limit on the length of occupancy of a recreational vehicle, solely on the
grounds that the occupancy is in a recreational vehicle, if the recreational
vehicle is:
     (a) Located in a manufactured dwelling
park, mobile home park or recreational vehicle park;
     (b) Occupied as a residential dwelling;
and
     (c) Lawfully connected to water and
electrical supply systems and a sewage disposal system.
     (2) Subsection (1) of this section does
not limit the authority of a state agency or local government to impose other
special conditions on the placement or occupancy of a recreational vehicle. [2005
c.619 §12]
     Note: See note under 197.492.
MORATORIUM ON
CONSTRUCTION OR LAND DEVELOPMENT
     197.505
Definitions for ORS 197.505 to 197.540. As used in ORS 197.505 to 197.540:
     (1) “Public facilities” means those public
facilities for which a public facilities plan is required under ORS 197.712.
     (2) “Special district” refers to only
those entities as defined in ORS 197.015 (19) that provide services for which
public facilities plans are required. [1980 c.2 §2; 1991 c.839 §1; 1993 c.438 §4;
1995 c.463 §1; 1999 c.838 §1; 2005 c.22 §144; 2007 c.354 §29]
     197.510
Legislative findings. The
Legislative Assembly finds and declares that:
     (1) The declaration of moratoria on
construction and land development by cities, counties and special districts may
have a negative effect not only on property owners, but also on the housing and
economic development policies and goals of other local governments within the
state, and therefore, is a matter of statewide concern.
     (2) Such moratoria, particularly when
limited in duration and scope, and adopted pursuant to growth management
systems that further the statewide planning goals and local comprehensive
plans, may be both necessary and desirable.
     (3) Clear state standards should be
established to ensure that:
     (a) The need for moratoria is considered
and documented;
     (b) The impact on property owners, housing
and economic development is minimized; and
     (c) Necessary and properly enacted
moratoria are not subjected to undue litigation. [1980 c.2 §1; 1991 c.839 §2;
1995 c.463 §2]
     197.520
Manner of declaring moratorium.
(1) No city, county or special district may adopt a moratorium on construction
or land development unless it first:
     (a) Provides written notice to the
Department of Land Conservation and Development at least 45 days prior to the
final public hearing to be held to consider the adoption of the moratorium;
     (b) Makes written findings justifying the
need for the moratorium in the manner provided for in this section; and
     (c) Holds a public hearing on the adoption
of the moratorium and the findings which support the moratorium.
     (2) For urban or urbanizable land, a
moratorium may be justified by demonstration of a need to prevent a shortage of
public facilities which would otherwise occur during the effective period of
the moratorium. Such a demonstration shall be based upon reasonably available
information, and shall include, but need not be limited to, findings:
     (a) Showing the extent of need beyond the
estimated capacity of existing public facilities expected to result from new
land development, including identification of any public facilities currently
operating beyond capacity, and the portion of such capacity already committed
to development;
     (b) That the moratorium is reasonably
limited to those areas of the city, county or special district where a shortage
of key public facilities would otherwise occur; and
     (c) That the housing and economic
development needs of the area affected have been accommodated as much as
possible in any program for allocating any remaining public facility capacity.
     (3) A moratorium not based on a shortage
of public facilities under subsection (2) of this section may be justified only
by a demonstration of compelling need. Such a demonstration shall be based upon
reasonably available information and shall include, but need not be limited to,
findings:
     (a) For urban or urbanizable land:
     (A) That application of existing
development ordinances or regulations and other applicable law is inadequate to
prevent irrevocable public harm from development in affected geographical areas;
     (B) That the moratorium is sufficiently
limited to ensure that a needed supply of affected housing types and the supply
of commercial and industrial facilities within or in proximity to the city,
county or special district are not unreasonably restricted by the adoption of
the moratorium;
     (C) Stating the reasons alternative
methods of achieving the objectives of the moratorium are unsatisfactory;
     (D) That the city, county or special
district has determined that the public harm which would be caused by failure
to impose a moratorium outweighs the adverse effects on other affected local
governments, including shifts in demand for housing or economic development,
public facilities and services and buildable lands, and the overall impact of
the moratorium on population distribution; and
     (E) That the city, county or special
district proposing the moratorium has determined that sufficient resources are
available to complete the development of needed interim or permanent changes in
plans, regulations or procedures within the period of effectiveness of the
moratorium.
     (b) For rural land:
     (A) That application of existing
development ordinances or regulations and other applicable law is inadequate to
prevent irrevocable public harm from development in affected geographical
areas;
     (B) Stating the reasons alternative
methods of achieving the objectives of the moratorium are unsatisfactory;
     (C) That the moratorium is sufficiently
limited to ensure that lots or parcels outside the affected geographical areas
are not unreasonably restricted by the adoption of the moratorium; and
     (D) That the city, county or special
district proposing the moratorium has developed a work plan and time schedule
for achieving the objectives of the moratorium.
     (4) No moratorium adopted under subsection
(3)(a) of this section shall be effective for a period longer than 120 days,
but such a moratorium may be extended provided the city, county or special
district adopting the moratorium holds a public hearing on the proposed
extension and adopts written findings that:
     (a) Verify the problem giving rise to the
need for a moratorium still exists;
     (b) Demonstrate that reasonable progress
is being made to alleviate the problem giving rise to the moratorium; and
     (c) Set a specific duration for the
renewal of the moratorium. No extension may be for a period longer than six
months.
     (5) Any city, county or special district
considering an extension of a moratorium shall give the department at least 14
daysÂ’ notice of the time and date of the public hearing on the extension. [1980
c.2 §3; 1991 c.839 §3; 1995 c.463 §3]
     197.522
Local government to approve subdivision, partition or construction; conditions. A local government shall approve an
application for a permit, authorization or other approval necessary for the
subdivision or partitioning of, or construction on, any land that is consistent
with the comprehensive plan and applicable land use regulations or shall impose
reasonable conditions on the application to make the proposed activity consistent
with the plan and applicable regulations. A local government may deny an
application that is inconsistent with the comprehensive plan and applicable
land use regulations and that cannot be made consistent through the imposition
of reasonable conditions of approval. [1999 c.838 §4]
     197.524
Local government to adopt moratorium or public facilities strategy following
pattern or practice of delaying or stopping issuance of permits. (1) When a local government engages in a
pattern or practice of delaying or stopping the issuance of permits,
authorizations or approvals necessary for the subdivision or partitioning of,
or construction on, any land, including delaying or stopping issuance based on
a shortage of public facilities, the local government shall:
     (a) Adopt a public facilities strategy
under ORS 197.768; or
     (b) Adopt a moratorium on construction or
land development under ORS 197.505 to 197.540.
     (2) The provisions of subsection (1) of
this section do not apply to the delay or stopping of the issuance of permits,
authorizations or approvals because they are inconsistent with the local
government’s comprehensive plan or land use regulations. [1999 c.838 §3]
     197.530
Correction program; procedures.
(1) A city, county or special district that adopts a moratorium on construction
or land development in conformity with ORS 197.520 (1) and (2) shall within 60
days after the effective date of the moratorium adopt a program to correct the
problem creating the moratorium. The program shall be presented at a public
hearing. The city, county or special district shall give at least 14 daysÂ’
advance notice to the Department of Land Conservation and Development of the
time and date of the public hearing.
     (2) No moratorium adopted under ORS
197.520 (2) shall be effective for a period longer than six months from the
date on which the corrective program is adopted, but such a moratorium may be
extended provided the city, county or special district adopting the moratorium
holds a public hearing on the proposed extension and adopts written findings
that:
     (a) Verify that the problem giving rise to
the moratorium still exists;
     (b) Demonstrate that reasonable progress
is being made to alleviate the problem giving rise to the moratorium; and
     (c) Set a specific duration for the
renewal of the moratorium.
     (3) No single extension under subsection
(2) of this section may be for a period longer than six months, and no
moratorium shall be extended more than three times.
     (4) Any city, county or special district
considering an extension of a moratorium shall give the department at least 14
daysÂ’ notice of the time and date of the public hearing on the extension. [1980
c.2 §4; 1991 c.839 §4]
     197.540
Review by Land Use Board of Appeals. (1) In the manner provided in ORS 197.830 to 197.845, the Land Use
Board of Appeals shall review upon petition by a county, city or special
district governing body or state agency or a person or group of persons whose
interests are substantially affected, any moratorium on construction or land development
or a corrective program alleged to have been adopted in violation of the
provisions of ORS 197.505 to 197.540.
     (2) If the board determines that a
moratorium or corrective program was not adopted in compliance with the
provisions of ORS 197.505 to 197.540, the board shall issue an order
invalidating the moratorium.
     (3) All review proceedings conducted by
the Land Use Board of Appeals under subsection (1) of this section shall be
based on the administrative record, if any, that is the subject of the review
proceeding. The board shall not substitute its judgment for a finding solely of
fact for which there is substantial evidence in the whole record.
     (4) Notwithstanding any provision of ORS
chapters 195, 196 and 197 to the contrary, the sole standard of review of a
moratorium on construction or land development or a corrective program is under
the provisions of this section, and such a moratorium shall not be reviewed for
compliance with the statewide planning goals adopted under ORS chapters 195, 196
and 197.
     (5) The review of a moratorium on
construction or land development under subsection (1) of this section shall be
the sole authority for review of such a moratorium, and there shall be no
authority for review in the circuit courts of this state. [1980 c.2 §5; 1983
c.827 §45; 2001 c.672 §9]
     197.550 [1995 s.s. c.3 §20; repealed by 1996 c.12 §14]
     197.553 [1995 s.s. c.3 §19; repealed by 1996 c.12 §14]
     197.556 [1995 s.s. c.3 §21; repealed by 1996 c.12 §14]
     197.559 [1995 s.s. c.3 §23; repealed by 1996 c.12 §14]
     197.562 [1995 s.s. c.3 §24; repealed by 1996 c.12 §14]
     197.565 [1995 s.s. c.3 §22; repealed by 1996 c.12 §14]
     197.568 [1995 s.s. c.3 §25; repealed by 1996 c.12 §14]
     197.571 [1995 s.s. c.3 §26; repealed by 1996 c.12 §14]
     197.574 [1995 s.s. c.3 §27; repealed by 1996 c.12 §14]
     197.577 [1995 s.s. c.3 §28; repealed by 1996 c.12 §14]
     197.581 [1995 s.s. c.3 §29; repealed by 1996 c.12 §14]
     197.584 [1995 s.s. c.3 §30; repealed by 1996 c.12 §14]
     197.587 [1995 s.s. c.3 §30a; 1997 c.800 §10;
renumbered 267.334 in 1997]
     197.590 [1995 s.s. c.3 §31; repealed by 1996 c.12 §14]
     197.605 [1981 c.748 §3; repealed by 1983 c.827 §59]
POST-ACKNOWLEDGMENT
PROCEDURES
     197.610
Local government notice of proposed amendment or new regulation; exceptions;
report to commission. (1) A
proposal to amend a local government acknowledged comprehensive plan or land
use regulation or to adopt a new land use regulation shall be forwarded to the
Director of the Department of Land Conservation and Development at least 45
days before the first evidentiary hearing on adoption. The proposal forwarded
shall contain the text and any supplemental information that the local
government believes is necessary to inform the director as to the effect of the
proposal. The notice shall include the date set for the first evidentiary
hearing. The director shall notify persons who have requested notice that the
proposal is pending.
     (2) When a local government determines
that the goals do not apply to a particular proposed amendment or new
regulation, notice under subsection (1) of this section is not required. In
addition, a local government may submit an amendment or new regulation with
less than 45 daysÂ’ notice if the local government determines that there are
emergency circumstances requiring expedited review. In both cases:
     (a) The amendment or new regulation shall
be submitted after adoption as provided in ORS 197.615 (1) and (2); and
     (b) Notwithstanding the requirements of
ORS 197.830 (2), the director or any other person may appeal the decision to
the board under ORS 197.830 to 197.845.
     (3) When the Department of Land
Conservation and Development participates in a local government proceeding, at
least 15 days before the final hearing on the proposed amendment to the comprehensive
plan or land use regulation or the new land use regulation, the department
shall notify the local government of:
     (a) Any concerns the department has
concerning the proposal; and
     (b) Advisory recommendations on actions
the department considers necessary to address the concerns, including, but not
limited to, suggested corrections to achieve compliance with the goals.
     (4) The director shall report to the Land
Conservation and Development Commission on whether the director:
     (a) Believes the local government’s
proposal violates the goals; and
     (b) Is participating in the local
government proceeding. [1981 c.748 §4; 1983 c.827 §7; 1985 c.565 §27; 1989
c.761 §20; 1999 c.622 §1]
     197.615
Local government notice of adopted amendment or new regulation; content; notice
by director. (1) A local
government that amends an acknowledged comprehensive plan or land use
regulation or adopts a new land use regulation shall mail or otherwise submit
to the Director of the Department of Land Conservation and Development a copy
of the adopted text of the comprehensive plan provision or land use regulation
together with the findings adopted by the local government. The text and
findings must be mailed or otherwise submitted not later than five working days
after the final decision by the governing body. If the proposed amendment or
new regulation that the director received under ORS 197.610 has been
substantially amended, the local government shall specify the changes that have
been made in the notice provided to the director. If the text and findings are
mailed, they shall include a signed statement by the person mailing them
indicating the date of deposit in the mail.
     (2)(a) On the same day that the text and
findings are mailed or delivered, the local government also shall mail or
otherwise submit notice to persons who:
     (A) Participated in the proceedings
leading to the adoption of the amendment to the comprehensive plan or land use
regulation or the new land use regulation; and
     (B) Requested of the local government in
writing that they be given such notice.
     (b) The notice required by this subsection
shall:
     (A) Describe briefly the action taken by
the local government;
     (B) State the date of the decision;
     (C) If delivered by mail, include a
certificate of mailing containing a statement signed by the person mailing it
indicating the date the notice was deposited in the mail;
     (D) List the place where and the time when
the amendment to the acknowledged comprehensive plan or land use regulation or
the new land use regulation, and findings, may be reviewed; and
     (E) Explain the requirements for appealing
the action of the local government under ORS 197.830 to 197.845.
     (3) Not later than five working days after
receipt of an amendment to an acknowledged comprehensive plan or land use
regulation or a new land use regulation submitted under subsection (1) of this
section, the director shall notify by mail or other submission any persons who
have requested notification. The notice shall:
     (a) Explain the requirements for appealing
the action of the local government under ORS 197.830 to 197.845; and
     (b) List the locations where the
comprehensive plan or land use regulation amendment or new land use regulation
may be reviewed. [1981 c.748 §5; 1983 c.827 §9; 1999 c.255 §1]
     197.620
Who may appeal. (1)
Notwithstanding the requirements of ORS 197.830 (2), persons who participated
either orally or in writing in the local government proceedings leading to the
adoption of an amendment to an acknowledged comprehensive plan or land use
regulation or a new land use regulation may appeal the decision to the Land Use
Board of Appeals under ORS 197.830 to 197.845. A decision to not adopt a
legislative amendment or a new land use regulation is not appealable except
where the amendment is necessary to address the requirements of a new or
amended goal, rule or statute.
     (2) Notwithstanding the requirements of
ORS 197.830 (2), the Director of the Department of Land Conservation and
Development or any other person may file an appeal of the local governmentÂ’s
decision under ORS 197.830 to 197.845, if an amendment to an acknowledged
comprehensive plan or land use regulation or a new land use regulation differs
from the proposal submitted under ORS 197.610 to such a degree that the notice
under ORS 197.610 did not reasonably describe the nature of the local
government final action. [1981 c.748 §5a; 1983 c.827 §8; 1989 c.761 §21; 1991
c.612 §13a]
     197.625
When amendment or new regulation considered acknowledged; application prior to
acknowledgment. (1) If a
notice of intent to appeal is not filed within the 21-day period set out in ORS
197.830 (9), the amendment to the acknowledged comprehensive plan or land use
regulation or the new land use regulation shall be considered acknowledged upon
the expiration of the 21-day period. An amendment to an acknowledged
comprehensive plan or land use regulation is not considered acknowledged unless
the notices required under ORS 197.610 and 197.615 have been submitted to the
Director of the Department of Land Conservation and Development and:
     (a) The 21-day appeal period has expired;
or
     (b) If an appeal is timely filed, the
board affirms the decision or the appellate courts affirm the decision.
     (2) If the decision adopting an amendment
to an acknowledged comprehensive plan or land use regulation or a new land use
regulation is affirmed on appeal under ORS 197.830 to 197.855, the amendment or
new regulation shall be considered acknowledged upon the date the appellate
decision becomes final.
     (3)(a) Prior to its acknowledgment, the
adoption of a new comprehensive plan provision or land use regulation or an
amendment to a comprehensive plan or land use regulation is effective at the
time specified by local government charter or ordinance and is applicable to
land use decisions, expedited land divisions and limited land use decisions if
the amendment was adopted in substantial compliance with ORS 197.610 and
197.615 unless a stay is granted under ORS 197.845.
     (b) Any approval of a land use decision,
expedited land division or limited land use decision subject to an
unacknowledged amendment to a comprehensive plan or land use regulation shall
include findings of compliance with those land use goals applicable to the
amendment.
     (c) The issuance of a permit under an effective
but unacknowledged comprehensive plan or land use regulation shall not be
relied upon to justify retention of improvements so permitted if the
comprehensive plan provision or land use regulation does not gain
acknowledgment.
     (d) The provisions of this subsection
apply to applications for land use decisions, expedited land divisions and
limited land use decisions submitted after February 17, 1993, and to
comprehensive plan and land use regulation amendments adopted:
     (A) After June 1, 1991, pursuant to
periodic review requirements under ORS 197.628, 197.633 and 197.636;
     (B) After June 1, 1991, to meet the
requirements of ORS 197.646; and
     (C) After November 4, 1993.
     (4) The director shall issue certification
of the acknowledgment upon receipt of an affidavit from the board stating
either:
     (a) That no appeal was filed within the 21
days allowed under ORS 197.830 (9); or
     (b) The date the appellate decision
affirming the adoption of the amendment or new regulation became final.
     (5) The board shall issue an affidavit for
the purposes of subsection (4) of this section within five days of receiving a
valid request from the local government.
     (6) After issuance of the notice provided
in ORS 197.633, nothing in this section shall prevent the Land Conservation and
Development Commission from entering an order pursuant to ORS 197.633, 197.636
or 197.644 to require a local government to respond to the standards of ORS
197.628. [1981 c.748 §5b; 1983 c.827 §10; 1987 c.729 §6; 1989 c.761 §23; 1991
c.612 §14; 1993 c.792 §44; 1995 c.595 §25; 1999 c.348 §9; 1999 c.621 §5; 2003
c.793 §3]
     197.626
Expanding urban growth boundary or designating urban or rural reserves subject
to periodic review. A
metropolitan service district that amends its urban growth boundary to include
more than 100 acres, or that amends the districtÂ’s regional framework plan or
land use regulations implementing the plan to establish urban reserves
designated under ORS 195.145 (1)(b), a city with a population of 2,500 or more
within its urban growth boundary that amends the urban growth boundary to
include more than 50 acres or that designates urban reserve under ORS 195.145,
or a county that amends the countyÂ’s comprehensive plan or land use regulations
implementing the plan to establish rural reserves designated under ORS 195.141,
shall submit the amendment or designation to the Land Conservation and
Development Commission in the manner provided for periodic review under ORS
197.628 to 197.650. [1999 c.622 §14; 2001 c.672 §10; 2003 c.793 §4; 2007 c.723 §7]
     197.628
Periodic review; policy; conditions that indicate need for periodic review. (1) It is the policy of the State of Oregon
to require the periodic review of comprehensive plans and land use regulations
in order to respond to changes in local, regional and state conditions to
ensure that the plans and regulations remain in compliance with the statewide
planning goals adopted pursuant to ORS 197.230, and to ensure that the plans
and regulations make adequate provision for economic development, needed
housing, transportation, public facilities and services and urbanization.
     (2) The Land Conservation and Development
Commission shall concentrate periodic review assistance to local governments on
achieving compliance with those statewide land use planning laws and goals that
address economic development, needed housing, transportation, public facilities
and services and urbanization.
     (3) The following conditions indicate the
need for periodic review of comprehensive plans and land use regulations:
     (a) There has been a substantial change in
circumstances including but not limited to the conditions, findings or
assumptions upon which the comprehensive plan or land use regulations were
based, so that the comprehensive plan or land use regulations do not comply
with the statewide planning goals relating to economic development, needed
housing, transportation, public facilities and services and urbanization;
     (b) Decisions implementing acknowledged
comprehensive plan and land use regulations are inconsistent with the goals
relating to economic development, needed housing, transportation, public
facilities and services and urbanization;
     (c) There are issues of regional or
statewide significance, intergovernmental coordination or state agency plans or
programs affecting land use which must be addressed in order to bring
comprehensive plans and land use regulations into compliance with the goals
relating to economic development, needed housing, transportation, public
facilities and services and urbanization; or
     (d) The local government, commission or
Department of Land Conservation and Development determines that the existing
comprehensive plan and land use regulations are not achieving the statewide
planning goals relating to economic development, needed housing,
transportation, public facilities and services and urbanization. [1991 c.612 §2;
1999 c.622 §2; 2005 c.829 §1]
     197.629
Schedule for periodic review; coordination. (1) The Land Conservation and Development Commission shall establish
and maintain a schedule for periodic review of comprehensive plans and land use
regulations. Except as necessary to coordinate approved periodic review work
programs and to account for special circumstances that from time to time arise,
the schedule shall reflect the following timelines:
     (a) A city with a population of more than
2,500 within a metropolitan planning organization or a metropolitan service
district shall conduct periodic review every seven years after completion of
the previous periodic review; and
     (b) A city with a population of 10,000 or
more inside its urban growth boundary that is not within a metropolitan
planning organization shall conduct periodic review every 10 years after
completion of the previous periodic review.
     (2) A county with a portion of its
population within the urban growth boundary of a city subject to periodic
review under this section shall conduct periodic review for that portion of the
county according to the schedule and work program set for the city.
     (3) Notwithstanding subsection (2) of this
section, if the schedule set for the county is specific as to that portion of
the county within the urban growth boundary of a city subject to periodic
review under this section, the county shall conduct periodic review for that
portion of the county according to the schedule and work program set for the
county.
     (4) If the Land Conservation and
Development Commission pays the costs of a local government that is not subject
to subsection (1) of this section to perform new work programs and work tasks,
the commission may require the local government to complete periodic review
when the local government has not completed periodic review within the previous
five years if:
     (a) A city has been growing faster than
the annual population growth rate of the state for five consecutive years;
     (b) A major transportation project on the
Statewide Transportation Improvement Program that is approved for funding by
the Oregon Transportation Commission is likely to:
     (A) Have a significant impact on a city or
an urban unincorporated community; or
     (B) Be significantly affected by growth
and development in a city or an urban unincorporated community;
     (c) A major facility, including a prison,
is sited or funded by a state agency; or
     (d) Approval by the city or county of a
facility for a major employer will increase employment opportunities and
significantly affect the capacity of housing and public facilities in the city
or urban unincorporated community.
     (5) The Land Conservation and Development
Commission may schedule periodic review for a local government earlier than
provided in subsection (1) of this section if necessary to ensure that all
local governments in a region whose land use decisions would significantly
affect other local governments in the region are conducting periodic review
concurrently, but not sooner than five years after completion of the previous
periodic review.
     (6) A city or county that is not required
to complete periodic review under subsection (1) of this section may request
periodic review by the commission.
     (7) As used in this section, “metropolitan
planning organization” means an organization located wholly within the State of
Oregon and designated by the Governor to coordinate transportation planning in
an urbanized area of the state pursuant to 49 U.S.C. 5303(c). [1999 c.622 §10;
2001 c.527 §3; 2005 c.829 §2]
     197.630 [1981 c.748 §5c; repealed by 1983 c.827 §59]
     197.631
Commission to amend regulations to facilitate periodic review. In order to use state and local periodic review
resources most efficiently and effectively and to concentrate periodic review
on adequate provision of economic development, needed housing, transportation,
public facilities and services and urbanization, the Land Conservation and
Development Commission shall adopt, amend or repeal the statewide land use
planning goals, guidelines and corresponding rules as necessary to facilitate
periodic review and to provide for compliance by local governments with those
goals not described in ORS 197.628 (2) through the post-acknowledgment
procedures of ORS 197.610 to 197.625. [1999 c.622 §11; 2005 c.829 §3]
     197.633
Two phases of periodic review; rules; appeal of decision on work program;
schedule for completion; extension of time on appeal. (1) The periodic review process is divided
into two phases. Phase one is the evaluation of the existing comprehensive
plan, land use regulations and citizen involvement program and, if necessary,
the development of a work program to make needed changes to the comprehensive plan
or land use regulations. Phase two is the completion of work tasks outlined in
the work program.
     (2) The Land Conservation and Development
Commission shall adopt rules for conducting periodic review. The rules shall
provide a process for:
     (a) Initiating periodic review;
     (b) Citizen participation;
     (c) The participation of state agencies;
     (d) The preparation, review and approval
of an evaluation of a comprehensive plan and land use regulations;
     (e) Review of a work program; and
     (f) Review of completed work tasks.
     (3) A decision by the Director of the
Department of Land Conservation and Development to approve a work program, that
no work program is necessary or that no further work is necessary is final and
not subject to appeal.
     (4) The director:
     (a) Shall take action on a work task not
later than 120 days after the local government submits the work task for review
unless the local government waives the 120-day deadline or the commission
grants the director an extension. If the director does not take action within
the time period required by this subsection, the work task is deemed approved.
The department shall provide a letter to the local government certifying that
the work task is approved unless an interested party has filed a timely
objection to the work task consistent with administrative rules for conducting
periodic review. If a timely objection is filed, the director shall refer the
work task to the commission.
     (b) May approve or remand a work task or
refer the work task to the commission for a decision. A decision by the
director to approve or remand a work task may be appealed to the commission.
     (5) Except as provided in this subsection,
the commission shall take action on the appeal or referral within 90 days of
the appeal or referral. Action by the commission in response to an appeal from
a decision of the director is a final order subject to judicial review in the
manner provided in ORS 197.650. The commission may extend the time for taking
action on the appeal or referral if the commission finds that:
     (a) The appeal or referral is appropriate
for mediation;
     (b) The appeal or referral raises new or
complex issues of fact or law that make it unreasonable for the commission to
give adequate consideration to the issues within the 90-day limit; or
     (c) The parties to the appeal and the
commission agree to an extension, not to exceed an additional 90 days.
     (6) The commission and a local government
shall attempt to complete periodic review within three years after approval of
a work program. In order to promote the timely completion of periodic review,
the commission shall establish a system of incentives to encourage local
government compliance with timelines in periodic review work programs. [1991
c.612 §3; 1993 c.18 §38; 1999 c.622 §3; 2001 c.527 §1; 2005 c.829 §4]
     197.635 [1981 c.748 §6; repealed by 1983 c.827 §59]
     197.636
Procedures and actions for failure to meet periodic review deadlines. (1) Upon good cause shown by a local
government, the Director of the Department of Land Conservation and Development
may allow the local government an extension of time for submitting a work
program or completing a work task. A decision by the director to grant or deny
an extension may be referred to the Land Conservation and Development Commission
by the director. The Department of Land Conservation and Development or the
commission shall not extend the deadline for submitting a work program more
than once nor for more than 90 days, and shall not extend the deadline for a
work task more than once nor for more than one year.
     (2) If a local government fails to submit
a work program or to complete a work task by the deadline set by the director
or the commission, including any extension that has been granted, the director
shall schedule a hearing before the commission. The commission shall issue an
order imposing one or more of the following sanctions until the work program or
the work task receives final approval by the director or the commission:
     (a) Require the local government to apply
those portions of the goals and rules to land use decisions as specified in the
order. Sanctions may be imposed under this paragraph only when necessary to
resolve a specific deficiency identified in the order.
     (b) Forfeiture of all or a portion of the
grant money received to conduct the review, develop the work program or
complete the work task.
     (c) Completion of the work program or work
task by the department. The commission may require the local government to pay
the cost for completion of work performed by the department, following the
withholding process set forth in ORS 197.335 (4).
     (d) Application of such interim measures
as the commission deems necessary to ensure compliance with the statewide
planning goals.
     (3) If the department receives a work
program or work task completed in response to a commission order issued under
subsection (2) of this section, the director shall evaluate and issue a
decision on the work program or work task within 90 days.
     (4) Commission action pursuant to
subsection (1) or (2) of this section is a final order subject to judicial
review in the manner provided in ORS 197.650. [1991 c.612 §4; 1999 c.622 §4;
2001 c.527 §2; 2005 c.829 §5]
     197.637
Department of Land Conservation and Development may request review by Housing
and Community Services Department of certain local housing measures. (1) Upon request of the Department of Land
Conservation and Development, the Housing and Community Services Department
shall review the inventory and analysis of housing, and measures taken to address
the housing need, required of certain local governments under ORS 197.296. The
review shall address the likely effect of measures developed by a local
government under ORS 197.296 (6) or (7) on the adequacy of the supply of
buildable land and opportunities to satisfy needs identified under ORS 197.296
(3).
     (2) The Land Conservation and Development
Commission and the Director of the Department of Land Conservation and
Development shall consider the review and any recommendations of the Housing
and Community Services Department when determining whether a local government
has complied with the statewide land use planning goals and the requirements of
ORS 197.296. [1999 c.622 §12; 2001 c.908 §4]
     197.638
Department of Land Conservation and Development may request review by Economic
and Community Development Department of local inventory and analysis of industrial
and commercial land. (1)
Upon request of the Department of Land Conservation and Development, the
Economic and Community Development Department shall review the inventory and
analysis of industrial and commercial land, and measures taken to address the
land needs, required of certain local governments under ORS 197.712. The review
shall address the likely effect of measures developed by a local government on
the adequacy of the supply of sites and opportunities to satisfy needs
identified under ORS 197.712.
     (2) The Land Conservation and Development
Commission and the Director of the Department of Land Conservation and
Development shall consider the review and any recommendations of the Economic
and Community Development Department when determining whether a local
government has complied with the statewide land use planning goals and the
requirements of ORS 197.712. [1999 c.622 §13]
     197.639
State assistance teams; alternative coordination process; grant and technical
assistance funding; advisory committee. (1) In addition to coordination between state agencies and local
government established in certified state agency coordination programs, the
Department of Land Conservation and Development may establish one or more state
assistance teams made up of representatives of various agencies and local
governments, utilize the Economic Revitalization Team established under ORS
284.555 or institute an alternative process for coordinating agency
participation in the periodic review of comprehensive plans.
     (2) The Economic Revitalization Team may
work with a city to create a voluntary comprehensive plan review that focuses
on the unique vision of the city, instead of conducting a standard periodic
review, if the team identifies a city that the team determines can benefit from
a customized voluntary comprehensive plan review.
     (3) The department may develop model
ordinance provisions to assist local governments in the periodic review plan
update process and in complying with new statutory requirements or new land use
planning goal or rule requirements adopted by the Land Conservation and
Development Commission outside the periodic review process.
     (4) A local government may arrange with
the department for the provision of periodic review planning services and those
services may be paid with grant program funds.
     (5) The commission shall establish an
advisory committee composed, at a minimum, of representatives from the League
of Oregon Cities, the Association of Oregon Counties, metropolitan service
districts, the Special Districts Association of Oregon, land use planning
public interest groups and developer interest groups. The advisory committee
shall advise the commission and the department on the allocation of grants and
technical assistance funding from General Fund sources and other issues
assigned by the commission. [1991 c.612 §5; 2003 c.793 §5; 2005 c.829 §6]
     197.640 [1981 c.748 §9; 1983 c.827 §11; 1987 c.69 §1;
1987 c.729 §7; 1987 c.856 §8; repealed by 1991 c.612 §23]
     197.641 [1983 c.827 §11b; 1987 c.729 §8a; repealed
by 1991 c.612 §23]
     197.643 [1983 c.827 §11c; 1987 c.729 §9; repealed by
1991 c.612 §23]
     197.644
Modification of work program; commission jurisdiction and rules. (1) The Land Conservation and Development
Commission may direct or, upon request of the local government, the Director of
the Department of Land Conservation and Development may authorize a local
government to modify an approved work program when:
     (a) Issues of regional or statewide
significance arising out of another local governmentÂ’s periodic review require
an enhanced level of coordination;
     (b) Issues of goal compliance are raised
as a result of completion of a work program task resulting in a need to
undertake further review or revisions;
     (c) Issues relating to the organization of
the work program, coordination with affected agencies or persons, or orderly
implementation of work tasks result in a need for further review or revision;
or
     (d) Issues relating to needed housing,
employment, transportation or public facilities and services were omitted from
the work program but must be addressed in order to ensure compliance with the
statewide planning goals.
     (2) The commission shall have exclusive
jurisdiction for review of the evaluation, work program and completed work
program tasks as set forth in ORS 197.628 to 197.650. The commission shall
adopt rules governing standing, the provision of notice, conduct of hearings,
adoption of stays, extension of time periods and other matters related to the
administration of ORS 197.180, 197.245, 197.254, 197.295, 197.320, 197.620,
197.625, 197.628 to 197.650, 197.712, 197.747, 197.840, 215.416, 227.175 and
466.385.
     (3)(a) Commission action pursuant to
subsection (1) or (2) of this section is a final order subject to judicial
review in the manner provided in ORS 197.650.
     (b) Action by the director pursuant to
subsection (1) of this section may be appealed to the commission pursuant to
rules adopted by the commission. Commission action under this paragraph is a
final order subject to judicial review in the manner provided in ORS 197.650. [1991
c.612 §6; 1997 c.634 §1; 1999 c.622 §5]
     197.645 [1983 c.827 §11d; 1987 c.729 §10; repealed
by 1991 c.612 §23]
     197.646
Implementation of new or amended goals, rules or statutes; rules. (1) A local government shall amend its
acknowledged comprehensive plan, regional framework plan and land use
regulations implementing either plan by a self-initiated post-acknowledgment
process under ORS 197.610 to 197.625 to comply with:
     (a) A new statutory requirement; or
     (b) A new land use planning goal or rule
requirement adopted by the Land Conservation and Development Commission.
     (2) Periodic review is not the
implementation process for new statutory, land use planning goal or rule
requirements.
     (3)(a) The Department of Land Conservation
and Development shall notify local governments when a new statutory requirement
or a new land use planning goal or rule requirement adopted by the commission
requires changes to an acknowledged comprehensive plan, a regional framework
plan and land use regulations implementing either plan.
     (b) The commission shall establish, by
rule, the time period within which an acknowledged comprehensive plan, a
regional framework plan and land use regulations implementing either plan must
be in compliance with:
     (A) A new statutory requirement, if the
legislation does not specify a time period for compliance; and
     (B) A new land use planning goal or rule
requirement adopted by the commission.
     (4) When a local government does not adopt
amendments to a comprehensive plan, a regional framework plan and land use
regulations implementing either plan as required by subsection (1) of this
section, the new statutory, land use planning goal or rule requirements apply
directly to the local governmentÂ’s land use decisions. The failure to adopt
amendments to a comprehensive plan, a regional framework plan and land use
regulations implementing either plan required by subsection (1) of this section
is a basis for initiation of enforcement action pursuant to ORS 197.319 to
197.335. [1991 c.612 §7; 2005 c.829 §7; 2007 c.71 §67]
     197.647 [1983 c.827 §11e; 1987 c.69 §2; 1987 c.729 §11;
repealed by 1991 c.612 §23]
     197.649
Fees for notice; establishment by rules. The Land Conservation and Development Commission may establish by rule
fees to cover the cost of notice given to persons by the Director of the
Department of Land Conservation and Development under ORS 197.610 (1) and
197.615 (3). [1983 c.827 §11f; 1985 c.565 §28; 1991 c.612 §15]
     197.650
Appeal to Court of Appeals; standing; petition content and service. (1) A Land Conservation and Development
Commission order may be appealed to the Court of Appeals in the manner provided
in ORS 183.482 by the following persons:
     (a) Persons who submitted comments or
objections pursuant to ORS 197.251 (2) or proceedings under ORS 197.633,
197.636 or 197.644 and are appealing a commission order issued under ORS 197.251
or 197.633, 197.636 or 197.644;
     (b) Persons who submitted comments or
objections pursuant to procedures adopted by the commission for certification
of state agency coordination programs and are appealing a certification issued
under ORS 197.180 (6);
     (c) Persons who petitioned the commission
for an order under ORS 197.324 and whose petition was dismissed; or
     (d) Persons who submitted oral or written
testimony in a proceeding before the commission pursuant to ORS 215.780.
     (2) Notwithstanding ORS 183.482 (2)
relating to contents of the petition, the petition shall state the nature of
the order petitioner desires reviewed and whether the petitioner submitted
comments or objections as provided in ORS 197.251 (2) or pursuant to ORS
197.633, 197.636 or 197.644.
     (3) Notwithstanding ORS 183.482 (2)
relating to service of the petition, copies of the petition shall be served by
registered or certified mail upon the Department of Land Conservation and
Development, the local government and all persons who filed comments or
objections. [1981 c.748 §10; 1983 c.827 §52; 1989 c.761 §8; 1991 c.612 §16;
1997 c.247 §1; 1999 c.622 §7]
     197.651
Appeal to Court of Appeals for coordinated designation of urban and rural
reserves. (1)
Notwithstanding ORS 197.650, a Land Conservation and Development Commission
order concerning the designation of urban reserves under ORS 195.145 (1)(b) or
rural reserves under ORS 195.141 may be appealed to the Court of Appeals by the
persons described in ORS 197.650.
     (2) Judicial review of orders described in
subsection (1) of this section is as provided in this section.
     (3) Jurisdiction for judicial review is
conferred upon the Court of Appeals. A proceeding for judicial review may be
instituted by filing a petition in the Court of Appeals. The petition must be
filed within 21 days after the date the commission delivered or mailed the
order upon which the petition is based.
     (4) The filing of the petition, as set
forth in subsection (3) of this section, and service of a petition on the
persons who submitted oral or written testimony in the proceeding before the
commission are jurisdictional and may not be waived or extended.
     (5) The petition must state the nature of
the order the petitioner seeks to have reviewed. Copies of the petition must be
served by registered or certified mail upon the commission and the persons who
submitted oral or written testimony in the proceeding before the commission.
     (6) Within 21 days after service of the
petition, the commission shall transmit to the Court of Appeals the original or
a certified copy of the entire record of the proceeding under review. However,
by stipulation of the parties to the review proceeding, the record may be
shortened. The Court of Appeals may tax a party that unreasonably refuses to
stipulate to limit the record for the additional costs. The Court of Appeals
may require or permit subsequent corrections or additions to the record. Except
as specifically provided in this subsection, the Court of Appeals may not tax
the cost of the record to the petitioner or an intervening party. However, the
Court of Appeals may tax the costs to a party that files a frivolous petition
for judicial review.
     (7) Petitions and briefs must be filed
within time periods and in a manner established by the Court of Appeals by
rule.
     (8) The Court of Appeals shall:
     (a) Hear oral argument within 49 days of
the date of transmittal of the record unless the Court of Appeals determines
that the ends of justice served by holding oral argument on a later day
outweigh the best interests of the public and the parties. However, the Court
of Appeals may not hold oral argument more than 49 days after the date of
transmittal of the record because of general congestion of the court calendar
or lack of diligent preparation or attention to the case by a member of the
court or a party.
     (b) Set forth in writing and provide to
the parties a determination to hear oral argument more than 49 days from the
date the record is transmitted, together with the reasons for the
determination. The Court of Appeals shall schedule oral argument as soon as is
practicable.
     (c) Consider, in making a determination
under paragraph (b) of this subsection:
     (A) Whether the case is so unusual or
complex, due to the number of parties or the existence of novel questions of
law, that 49 days is an unreasonable amount of time for the parties to brief
the case and for the Court of Appeals to prepare for oral argument; and
     (B) Whether the failure to hold oral
argument at a later date likely would result in a miscarriage of justice.
     (9) The court:
     (a) Shall limit judicial review of an
order reviewed under this section to the record.
     (b) May not substitute its judgment for
that of the Land Conservation and Development Commission as to an issue of
fact.
     (10) The Court of Appeals may affirm,
reverse or remand an order reviewed under this section. The Court of Appeals
shall reverse or remand the order only if the court finds the order is:
     (a) Unlawful in substance or procedure.
However, error in procedure is not cause for reversal or remand unless the
Court of Appeals determines that substantial rights of the petitioner were
prejudiced.
     (b) Unconstitutional.
     (c) Not supported by substantial evidence
in the whole record as to facts found by the commission.
     (11) The Court of Appeals shall issue a
final order on the petition for judicial review with the greatest possible
expediency.
     (12) If the order of the commission is
remanded by the Court of Appeals or the Supreme Court, the commission shall
respond to the court’s appellate judgment within 30 days. [2007 c.723 §9]
     Note: 197.651 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 197 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
COLLABORATIVE
REGIONAL PROBLEM SOLVING
     197.652
Establishing regional problem-solving programs. Programs of the collaborative regional
problem-solving process described in ORS 197.654 and 197.656 shall be
established in counties or regions geographically distributed throughout the
state. [1996 c.6 §3; 1997 c.365 §1]
     197.654
Regional problem solving; coordination. (1) Local governments and those special districts that provide urban
services may enter into a collaborative regional problem-solving process. A
collaborative regional problem-solving process is a planning process directed
toward resolution of land use problems in a region. The process must offer an
opportunity to participate with appropriate state agencies and all local
governments within the region affected by the problems that are the subject of
the problem-solving process. The process must include:
     (a) An opportunity for involvement by
other stakeholders with an interest in the problem; and
     (b) Efforts among the collaborators to
agree on goals, objectives and measures of success for steps undertaken to
implement the process as set forth in ORS 197.656.
     (2) As used in ORS 197.652 to 197.658, “region”
means an area of one or more counties, together with the cities within the
county, counties, or affected portion of the county. [1996 c.6 §4]
     197.656
Commission acknowledgment of comprehensive plans not in compliance with goals;
participation by state agencies; commission review of implementing regulations
and plan amendments; use of resource lands. (1) Upon invitation by the local governments in a region, the Land
Conservation and Development Commission and other state agencies may
participate with the local governments in a collaborative regional
problem-solving process.
     (2) Following the procedures set forth in
this subsection, the commission may acknowledge amendments to comprehensive
plans and land use regulations, or new land use regulations, that do not fully
comply with the rules of the commission that implement the statewide planning
goals, without taking an exception, upon a determination that:
     (a) The amendments or new provisions are
based upon agreements reached by all local participants, the commission and
other participating state agencies, in the collaborative regional
problem-solving process;
     (b) The regional problem-solving process
has included agreement among the participants on:
     (A) Regional goals for resolution of each
regional problem that is the subject of the process;
     (B) Optional techniques to achieve the
goals for each regional problem that is the subject of the process;
     (C) Measurable indicators of performance
toward achievement of the goals for each regional problem that is the subject
of the process;
     (D) A system of incentives and disincentives
to encourage successful implementation of the techniques chosen by the
participants to achieve the goals;
     (E) A system for monitoring progress
toward achievement of the goals; and
     (F) A process for correction of the
techniques if monitoring indicates that the techniques are not achieving the
goals; and
     (c) The agreement reached by regional
problem-solving process participants and the implementing plan amendments and
land use regulations conform, on the whole, with the purposes of the statewide
planning goals.
     (3) A local government that amends an
acknowledged comprehensive plan or land use regulation or adopts a new land use
regulation in order to implement an agreement reached in a regional
problem-solving process shall submit the amendment or new regulation to the
commission in the manner set forth in ORS 197.628 to 197.650 for periodic
review or set forth in ORS 197.251 for acknowledgment.
     (4) The commission shall have exclusive
jurisdiction for review of amendments or new regulations described in
subsection (3) of this section. A participant or stakeholder in the
collaborative regional problem-solving process shall not raise an issue before
the commission on review that was not raised at the local level.
     (5) If the commission denies an amendment
or new regulation submitted pursuant to subsection (3) of this section, the
commission shall issue a written statement describing the reasons for the
denial and suggesting alternative methods for accomplishing the goals on a
timely basis.
     (6) If, in order to resolve regional land
use problems, the participants in a collaborative regional problem-solving
process decide to devote agricultural land or forestland, as defined in the
statewide planning goals, to uses not authorized by those goals, the participants
shall choose land that is not part of the regionÂ’s commercial agricultural or
forestland base, or take an exception to those goals pursuant to ORS 197.732.
To identify land that is not part of the regionÂ’s commercial agricultural or
forestland base, the participants shall consider the recommendation of a
committee of persons appointed by the affected county, with expertise in
appropriate fields, including but not limited to farmers, ranchers, foresters
and soils scientists and representatives of the State Department of
Agriculture, the State Department of Forestry and the Department of Land
Conservation and Development.
     (7) The Governor shall require all
appropriate state agencies to participate in the collaborative regional
problem-solving process. [1996 c.6 §5; 2001 c.672 §11]
     197.658
Modifying local work plan.
In addition to the provisions of ORS 197.644, the Land Conservation and
Development Commission may modify an approved work program when a local
government has agreed to participate in a collaborative regional
problem-solving process pursuant to ORS 197.654 and 197.656. [1996 c.6 §6]
SPECIAL
RESIDENCES
     197.660
Definitions. As used in ORS
197.660 to 197.670, 215.213, 215.263, 215.283, 215.284 and 443.422:
     (1) “Residential facility” means a residential
care, residential training or residential treatment facility, as those terms
are defined in ORS 443.400, licensed under ORS 443.400 to 443.460 or licensed
under ORS 418.205 to 418.327 by the Department of Human Services that provides
residential care alone or in conjunction with treatment or training or a
combination thereof for six to fifteen individuals who need not be related.
Staff persons required to meet licensing requirements shall not be counted in
the number of facility residents, and need not be related to each other or to
any resident of the residential facility.
     (2) “Residential home” means a residential
treatment or training or adult foster home licensed by or under the authority
of the department, as defined in ORS 443.400, under ORS 443.400 to 443.825, a
residential facility registered under ORS 443.480 to 443.500 or an adult foster
home licensed under ORS 443.705 to 443.825 that provides residential care alone
or in conjunction with treatment or training or a combination thereof for five
or fewer individuals who need not be related. Staff persons required to meet
licensing requirements shall not be counted in the number of facility
residents, and need not be related to each other or to any resident of the
residential home.
     (3) “Zoning requirement” means any
standard, criteria, condition, review procedure, permit requirement or other
requirement adopted by a city or county under the authority of ORS chapter 215
or 227 that applies to the approval or siting of a residential facility or
residential home. A zoning requirement does not include a state or local
health, safety, building, occupancy or fire code requirement. [1989 c.564 §2;
1991 c.801 §6; 2001 c.900 §47; 2005 c.22 §145]
     197.663
Legislative findings. The
Legislative Assembly finds and declares that:
     (1) It is the policy of this state that
persons with disabilities and elderly persons are entitled to live as normally
as possible within communities and should not be excluded from communities
because their disability or age requires them to live in groups;
     (2) There is a growing need for
residential homes and residential facilities to provide quality care and
protection for persons with disabilities and elderly persons and to prevent
inappropriate placement of such persons in state institutions and nursing
homes;
     (3) It is often difficult to site and
establish residential homes and residential facilities in the communities of
this state;
     (4) To meet the growing need for
residential homes and residential facilities, it is the policy of this state
that residential homes and residential facilities shall be considered a
residential use of property for zoning purposes; and
     (5) It is the policy of this state to
integrate residential facilities into the communities of this state. The objective
of integration cannot be accomplished if residential facilities are
concentrated in any one area. [1989 c.564 §3; 2007 c.70 §54]
     197.665
Locations of residential homes.
(1) Residential homes shall be a permitted use in:
     (a) Any residential zone, including a
residential zone which allows a single-family dwelling; and
     (b) Any commercial zone which allows a
single-family dwelling.
     (2) A city or county may not impose any
zoning requirement on the establishment and maintenance of a residential home
in a zone described in subsection (1) of this section that is more restrictive
than a zoning requirement imposed on a single-family dwelling in the same zone.
     (3) A city or county may:
     (a) Allow a residential home in an
existing dwelling in any area zoned for farm use, including an exclusive farm
use zone established under ORS 215.203;
     (b) Impose zoning requirements on the
establishment of a residential home in areas described in paragraph (a) of this
subsection, provided that these requirements are no more restrictive than those
imposed on other nonfarm single-family dwellings in the same zone; and
     (c) Allow a division of land for a
residential home in an exclusive farm use zone only as described in ORS 215.263
(9). [1989 c.564 §4; 2001 c.704 §5]
     197.667
Location of residential facility; application and supporting documentation. (1) A residential facility shall be a
permitted use in any zone where multifamily residential uses are a permitted
use.
     (2) A residential facility shall be a
conditional use in any zone where multifamily residential uses are a
conditional use.
     (3) A city or county may allow a
residential facility in a residential zone other than those zones described in
subsections (1) and (2) of this section, including a zone where a single-family
dwelling is allowed.
     (4) A city or county may require an
applicant proposing to site a residential facility within its jurisdiction to
supply the city or county with a copy of the entire application and supporting
documentation for state licensing of the facility, except for information which
is exempt from public disclosure under ORS 192.410 to 192.505. However, cities
and counties shall not require independent proof of the same conditions that
have been required by the Department of Human Services under ORS 418.205 to
418.327 for licensing of a residential facility. [1989 c.564 §5; 1991 c.801 §8;
2001 c.900 §48; 2003 c.86 §15]
     197.670
Zoning requirements and prohibitions for residential homes and residential
facilities. (1) As of
October 3, 1989, no city or county shall:
     (a) Deny an application for the siting of
a residential home in a residential or commercial zone described in ORS 197.665
(1).
     (b) Deny an application for the siting of
a residential facility in a zone where multifamily residential uses are
allowed, unless the city or county has adopted a siting procedure which
implements the requirements of ORS 197.667.
     (2) Every city and county shall amend its
zoning ordinance to comply with ORS 197.660 to 197.667 as part of periodic land
use plan review occurring after January 1, 1990. Nothing in this section
prohibits a city or county from amending its zoning ordinance prior to periodic
review. [1989 c.564 §6]
FARMWORKER
HOUSING
     197.675 [1989 c.964 §4; repealed by 2001 c.613 §1]
     197.677
Policy. In that the
agricultural workers in this state benefit the social and economic welfare of
all of the people in Oregon by their unceasing efforts to bring a bountiful
crop to market, the Legislative Assembly declares that it is the policy of this
state to insure adequate agricultural labor accommodations commensurate with
the housing needs of OregonÂ’s workers that meet decent health, safety and
welfare standards. To accomplish this objective in the interest of all of the
people in this state, it is necessary that:
     (1) Every state and local government
agency that has powers, functions or duties with respect to housing, land use
or enforcing health, safety or welfare standards, under this or any other law,
shall exercise its powers, functions or duties consistently with the state
policy declared by ORS 197.307, 197.312, 197.677 to 197.685, 215.213, 215.277,
215.283, 215.284 and 455.380 and in such manner as will facilitate sustained
progress in attaining the objectives established;
     (2) Every state and local government
agency that finds farmworker activities within the scope of its jurisdiction
must make every effort to alleviate insanitary, unsafe and overcrowded
accommodations;
     (3) Special efforts should be directed
toward mitigating hazards to families and children; and
     (4) All accommodations must provide for
the rights of free association to farmworkers in their places of accommodation.
[1989 c.964 §2; 2001 c.613 §11]
     197.680
Legislative findings. The
Legislative Assembly finds that:
     (1) This state has a large stock of
existing farmworker housing that does not meet minimum health and safety
standards and is in need of rehabilitation;
     (2) It is not feasible to rehabilitate
much of the existing farmworker housing stock to meet building code standards;
     (3) In order to assure that minimum
standards are met in all farmworker housing in this state, certain interim
measures must be taken; and
     (4) Limited rehabilitation, outside city
boundaries, must be allowed to a lesser standard than that set forth in the
existing building codes. [1989 c.964 §3; 2001 c.613 §12]
     197.685
Location of farmworker housing; approval standards. (1) The availability of decent, safe and
sanitary housing opportunities for farmworkers is a matter of statewide
concern.
     (2) Farmworker housing within the rural
area of a county shall be permitted in a zone or zones in rural centers and
areas committed to nonresource uses.
     (3) Any approval standards, special
conditions and procedures for approval adopted by a local government shall be
clear and objective and shall not have the effect, either in themselves or
cumulatively, of discouraging needed housing through unreasonable cost or
delay. [1989 c.964 §5; 2001 c.613 §4]
     197.705 [1973 c.482 §1; repealed by 1977 c.665 §24]
ECONOMIC DEVELOPMENT
     197.707
Legislative intent. It was
the intent of the Legislative Assembly in enacting ORS chapters 195, 196, 197,
215 and 227 not to prohibit, deter, delay or increase the cost of appropriate
development, but to enhance economic development and opportunity for the
benefit of all citizens. [1983 c.827 §16]
     197.710 [1973 c.482 §3; repealed by 1977 c.665 §24]
     197.712
Commission duties; comprehensive plan provisions; public facility plans; state
agency coordination plans; compliance deadline; rules. (1) In addition to the findings and policies
set forth in ORS 197.005, 197.010 and 215.243, the Legislative Assembly finds
and declares that, in carrying out statewide comprehensive land use planning,
the provision of adequate opportunities for a variety of economic activities
throughout the state is vital to the health, welfare and prosperity of all the
people of the state.
     (2) By the adoption of new goals or rules,
or the application, interpretation or amendment of existing goals or rules, the
Land Conservation and Development Commission shall implement all of the
following:
     (a) Comprehensive plans shall include an
analysis of the communityÂ’s economic patterns, potentialities, strengths and
deficiencies as they relate to state and national trends.
     (b) Comprehensive plans shall contain
policies concerning the economic development opportunities in the community.
     (c) Comprehensive plans and land use
regulations shall provide for at least an adequate supply of sites of suitable
sizes, types, locations and service levels for industrial and commercial uses
consistent with plan policies.
     (d) Comprehensive plans and land use
regulations shall provide for compatible uses on or near sites zoned for
specific industrial and commercial uses.
     (e) A city or county shall develop and
adopt a public facility plan for areas within an urban growth boundary
containing a population greater than 2,500 persons. The public facility plan
shall include rough cost estimates for public projects needed to provide sewer,
water and transportation for the land uses contemplated in the comprehensive
plan and land use regulations. Project timing and financing provisions of
public facility plans shall not be considered land use decisions.
     (f) In accordance with ORS 197.180, state
agencies that provide funding for transportation, water supply, sewage and
solid waste facilities shall identify in their coordination programs how they
will coordinate that funding with other state agencies and with the public
facility plans of cities and counties. In addition, state agencies that issue
permits affecting land use shall identify in their coordination programs how
they will coordinate permit issuance with other state agencies and cities and
counties.
     (g) Local governments shall provide:
     (A) Reasonable opportunities to satisfy
local and rural needs for residential and industrial development and other
economic activities on appropriate lands outside urban growth boundaries, in a
manner consistent with conservation of the stateÂ’s agricultural and forest land
base; and
     (B) Reasonable opportunities for urban
residential, commercial and industrial needs over time through changes to urban
growth boundaries.
     (3) A comprehensive plan and land use
regulations shall be in compliance with this section by the first periodic
review of that plan and regulations. [1983 c.827 §17; 1991 c.612 §17]
     197.713
Industrial development on industrial lands outside urban growth boundaries;
exceptions. (1)
Notwithstanding statewide land use planning goals relating to urbanization or
to public facilities and services, a county or its designee may authorize:
     (a) Industrial development, including
accessory uses subordinate to the industrial development, in buildings of any
size and type, subject to the permit approval process described in ORS 215.402
to 215.438 and to applicable building codes, in an area planned and zoned for
industrial use on January 1, 2004, subject to the territorial limits described
in subsections (2) and (3) of this section.
     (b) On-site sewer facilities to serve the
industrial development authorized under this section, including accessory uses
subordinate to the industrial development.
     (2) Subject to subsection (3) of this
section, a county or its designee may consider the following land for industrial
development under this section:
     (a) Land more than three miles outside the
urban growth boundary of every city with a population of 20,000 individuals or
more; and
     (b) Land outside the urban growth boundary
of every city with a population of fewer than 20,000 individuals.
     (3) A county or its designee may not
authorize industrial development under this section on land within the
     (4) A county or its designee may not
authorize under this section retail, commercial or residential development in
the area zoned for industrial use. [2003 c.688 §1; 2005 c.666 §1]
     Note: 197.713 and 197.714 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
197 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     197.714
Cooperation of county and city concerning industrial development. (1) Notwithstanding the authority granted in
ORS 197.713 to allow industrial development, including accessory uses
subordinate to the industrial development, in areas zoned for industrial use,
when a county or its designee considers action under ORS 197.713 (1) for land
within 10 miles of the urban growth boundary of a city, the county or its designee
shall give notice to the city at least 21 days prior to taking action.
     (2) If the city objects to the
authorization of industrial development under ORS 197.713, the city and county
shall negotiate to establish conditions on the industrial development or
changes in the development necessary to mitigate concerns raised by the cityÂ’s
objection. [2003 c.688 §2]
     Note: See note under 197.713.
     197.715 [1973 c.482 §2; repealed by 1977 c.665 §24]
     197.717
Technical assistance by state agencies; information from Economic and Community
Development Department; model ordinances; rural economic development. (1) State agencies shall provide technical
assistance to local governments in:
     (a) Planning and zoning land adequate in
amount, size, topography, transportation access and surrounding land use and
public facilities for the special needs of various industrial and commercial
uses;
     (b) Developing public facility plans; and
     (c) Streamlining local permit procedures.
     (2) The Economic and Community Development
Department shall provide a local government with “state and national trend”
information to assist in compliance with ORS 197.712 (2)(a).
     (3) The Land Conservation and Development
Commission shall develop model ordinances to assist local governments in streamlining
local permit procedures.
     (4) The Department of Land Conservation
and Development and the Economic and Community Development Department shall
establish a joint program to assist rural communities with economic and
community development services. The assistance shall include, but not be
limited to, grants, loans, model ordinances and technical assistance. The
purposes of the assistance are to remove obstacles to economic and community
development and to facilitate that development. The departments shall give
priority to communities with high rates of unemployment. [1983 c.827 §18; 1995
s.s. c.3 §36h; 1996 c.6 §10]
     197.719
Industrial use of abandoned or diminished mill sites; amendment of
comprehensive plans and land use regulations; sewer facilities. (1) As used in this section, “abandoned or
diminished mill site” means a mill, plant or other facility engaged in the
processing or manufacturing of wood products, including sawmills and facilities
for the production of plywood, veneer, hardboard, panel products, pulp and
paper, that:
     (a) Is located outside of urban growth
boundaries;
     (b) Was closed after January 1, 1980, or
has been operating at less than 25 percent of capacity since January 1, 2003;
and
     (c) Contains or contained permanent buildings
used in the production or manufacturing of wood products.
     (2) Notwithstanding statewide land use
planning goals protecting agricultural lands or forestlands or administrative
rules implementing those goals, the governing body of a county may amend the
countyÂ’s comprehensive plan and land use regulations to allow an abandoned or
diminished mill site to be zoned for industrial use.
     (3) Notwithstanding a statewide land use
planning goal relating to urbanization or administrative rules implementing
that goal, the governing body of a county may amend the countyÂ’s comprehensive
plan and land use regulations to allow an abandoned or diminished mill site to
be zoned for any level of industrial use.
     (4) Notwithstanding a statewide land use
planning goal relating to public facilities and services or administrative
rules implementing that goal, the governing body of a county or its designee
may approve:
     (a) The extension of sewer facilities to
lands that on June 10, 2003, are zoned for industrial use and that contain an
abandoned or diminished mill site. The sewer facilities may serve only
industrial uses authorized for the mill site and contiguous lands zoned for
industrial use.
     (b) The extension of sewer facilities to
an abandoned or diminished mill site that is rezoned for industrial use under
this section only as necessary to serve industrial uses authorized for the mill
site.
     (c) The establishment of on-site sewer
facilities to serve an area that on June 10, 2003, is zoned for industrial use
and that contains an abandoned or diminished mill site or to serve an abandoned
or diminished mill site that is rezoned for industrial use under this section.
The sewer facilities may serve only industrial uses authorized for the mill
site and contiguous lands zoned for industrial use.
     (5)(a) A local government, as defined in
ORS 174.116, may not authorize a connection to any portion of a sewer facility
located between an urban growth boundary or the boundary of an unincorporated
community and the boundary of the mill site or the industrial zone containing
the mill site, except as provided under a statewide land use planning goal
relating to public facilities and services or under ORS 197.732.
     (b) Sewer facilities approved under
subsection (4) of this section shall be limited in size to meet the needs of
authorized industrial uses and may not provide service to retail, commercial or
residential development, except as provided under a statewide land use planning
goal relating to public facilities and services or under ORS 197.732. The
presence of the sewer facilities may not be used to justify an exception to
statewide land use planning goals protecting agricultural lands or forestlands
or relating to urbanization.
     (6)(a) The governing body of a county or
its designee shall determine the boundary of an abandoned or diminished mill
site. For an abandoned or diminished mill site that is rezoned for industrial
use under this section, land within the boundary of the mill site may include
only those areas that were improved for the processing or manufacturing of wood
products.
     (b) For an abandoned or diminished mill
site subject to subsection (2), (3) or (4) of this section, the governing body
of a city or county or its designee may approve a permit, as defined in ORS
215.402 or 227.160, only for industrial development and accessory uses
subordinate to such development on the mill site. The governing body or its
designee may not approve a permit for retail, commercial or residential
development on the mill site.
     (7) For land that on June 10, 2003, is
zoned under statewide land use planning goals protecting agricultural lands or
forestlands and that is rezoned for industrial use under subsections (2) and
(3) of this section, the governing body of the county or its designee may not
later rezone the land for retail, commercial or other nonresource use, except
as provided under the statewide land use planning goals or under ORS 197.732. [2003
c.252 §2; 2003 c.688 §3]
     197.725 [1973 c.482 §4; repealed by 1977 c.665 §24]
     197.730 [1973 c.482 §6; repealed by 1977 c.665 §24]
GOAL
EXCEPTIONS
     197.732
Goal exceptions; criteria; rules; review. (1) As used in this section:
     (a) “Compatible” is not intended as an
absolute term meaning no interference or adverse impacts of any type with adjacent
uses.
     (b) “Exception” means a comprehensive plan
provision, including an amendment to an acknowledged comprehensive plan, that:
     (A) Is applicable to specific properties
or situations and does not establish a planning or zoning policy of general
applicability;
     (B) Does not comply with some or all goal
requirements applicable to the subject properties or situations; and
     (C) Complies with standards under
subsection (2) of this section.
     (2) A local government may adopt an
exception to a goal if:
     (a) The land subject to the exception is
physically developed to the extent that it is no longer available for uses
allowed by the applicable goal;
     (b) The land subject to the exception is
irrevocably committed as described by Land Conservation and Development
Commission rule to uses not allowed by the applicable goal because existing
adjacent uses and other relevant factors make uses allowed by the applicable
goal impracticable; or
     (c) The following standards are met:
     (A) Reasons justify why the state policy
embodied in the applicable goals should not apply;
     (B) Areas that do not require a new
exception cannot reasonably accommodate the use;
     (C) The long term environmental, economic,
social and energy consequences resulting from the use at the proposed site with
measures designed to reduce adverse impacts are not significantly more adverse
than would typically result from the same proposal being located in areas
requiring a goal exception other than the proposed site; and
     (D) The proposed uses are compatible with
other adjacent uses or will be so rendered through measures designed to reduce
adverse impacts.
     (3) The commission shall adopt rules
establishing:
     (a) That an exception may be adopted to
allow a use authorized by a statewide planning goal that cannot comply with the
approval standards for that type of use;
     (b) Under what circumstances particular
reasons may or may not be used to justify an exception under subsection
(2)(c)(A) of this section; and
     (c) Which uses allowed by the applicable
goal must be found impracticable under subsection (2) of this section.
     (4) A local government approving or
denying a proposed exception shall set forth findings of fact and a statement
of reasons that demonstrate that the standards of subsection (2) of this section
have or have not been met.
     (5) Each notice of a public hearing on a
proposed exception shall specifically note that a goal exception is proposed
and shall summarize the issues in an understandable manner.
     (6) Upon review of a decision approving or
denying an exception:
     (a) The Land Use Board of Appeals or the
commission shall be bound by any finding of fact for which there is substantial
evidence in the record of the local government proceedings resulting in
approval or denial of the exception;
     (b) The board upon petition, or the
commission, shall determine whether the local governmentÂ’s findings and reasons
demonstrate that the standards of subsection (2) of this section have or have
not been met; and
     (c) The board or commission shall adopt a
clear statement of reasons that sets forth the basis for the determination that
the standards of subsection (2) of this section have or have not been met.
     (7) The commission shall by rule establish
the standards required to justify an exception to the definition of “needed
housing” authorized by ORS 197.303 (3).
     (8) An exception acknowledged under ORS
197.251, 197.625 or 197.630 (1) (1981 Replacement Part) on or before August 9,
1983, continues to be valid and is not subject to this section. [1983 c.827 §19a;
1995 c.521 §3; 2005 c.67 §1; 2007 c.71 §68]
     197.735 [1973 c.482 §7; repealed by 1977 c.665 §24]
     197.736
Commission implementation of ORS 197.340 and 197.732; rules. The Land Conservation and Development
Commission shall amend goals, in accordance with ORS 197.240 and 197.245, and
amend and adopt rules and guidelines, as necessary, to implement the provisions
of this section and ORS 197.340 and 197.732. [1995 c.521 §4]
     197.740 [1973 c.482 §8; repealed by 1977 c.665 §24]
MISCELLANEOUS
     197.747
Meaning of “compliance with the goals” for certain purposes. For the purposes of acknowledgment under ORS
197.251, board review under ORS 197.805 to 197.855 and periodic review under
ORS 197.628 to 197.650, “compliance with the goals” means the comprehensive
plan and regulations, on the whole, conform with the purposes of the goals and
any failure to meet individual goal requirements is technical or minor in
nature. [1983 c.827 §14; 1989 c.761 §9; 1991 c.612 §18]
     197.750 [1973 c.482 §5; repealed by 1977 c.665 §24]
     197.752
Lands available for urban development. (1) Lands within urban growth boundaries shall be available for urban
development concurrent with the provision of key urban facilities and services
in accordance with locally adopted development standards.
     (2) Notwithstanding subsection (1) of this
section, lands not needed for urban uses during the planning period may be
designated for agricultural, forest or other nonurban uses. [1983 c.827 §19]
     197.754
Land identified for urban services; capital improvement plan; tax assessment. (1) A local government may identify land
inside an urban growth boundary for which the local government intends to
provide urban services within the next five to seven years. The local
government may evidence its intent by adopting a capital improvement plan
reasonably designed to provide the urban services.
     (2) A local government that identifies an
area for planned urban services and adopts a capital improvement plan may zone
the area for urban uses. A city that identifies land that is outside the cityÂ’s
boundary but inside the urban growth boundary shall coordinate with the
appropriate county to zone the area for urban uses.
     (3)(a) Land in an area zoned for urban
uses under this section shall not be subject to additional taxes under ORS
308A.700 to 308A.733 if the land ceases to be used for farm use within the five
years following the date the area is zoned for urban uses.
     (b) A lot or parcel in an area zoned for
urban use under subsection (2) of this section shall not be assessed at its
value for farm use under ORS 308A.050 to 308A.128 unless the lot or parcel was
receiving the farm use assessment at the time the area was zoned for urban
uses. [1999 c.503 §3; 2001 c.104 §68]
     197.755 [1973 c.482 §9; repealed by 1977 c.665 §24]
     197.756
Farm use assessment in area identified for urban services. (1) Upon the sale of a lot or parcel located
inside an urban growth boundary that is assessed at its value for farm use
under ORS 308A.050 to 308A.128, the lot or parcel shall be disqualified for
farm use assessment if:
     (a) The lot or parcel is in an area
identified for urban services under ORS 197.754; and
     (b) The urban services are available by
ordinance for urbanization.
     (2) Disqualification under subsection (1)
of this section shall not apply to the sale of a lot or parcel to the ownerÂ’s
spouse, parent, stepparent, grandparent, sister, brother, daughter, son,
stepchild or grandchild, or sale to a lessee of the owner if the lessee is
conducting farm use as defined in ORS 215.203 on the lot or parcel at the time
of sale. [1999 c.503 §6; 2001 c.104 §69]
     197.757
Acknowledgment deadline for newly incorporated cities. Cities incorporated after January 1, 1982,
shall have their comprehensive plans and land use regulations acknowledged under
ORS 197.251 no later than four years after the date of incorporation. [1983
c.827 §13]
     197.760 [1973 c.482 §9a; repealed by 1977 c.665 §24]
     197.762 [1987 c.729 §15; repealed by 1989 c.761 §10
(197.763 enacted in lieu of 197.762)]
     197.763
Conduct of local quasi-judicial land use hearings; notice requirements; hearing
procedures. The following
procedures shall govern the conduct of quasi-judicial land use hearings
conducted before a local governing body, planning commission, hearings body or
hearings officer on application for a land use decision and shall be
incorporated into the comprehensive plan and land use regulations:
     (1) An issue which may be the basis for an
appeal to the Land Use Board of Appeals shall be raised not later than the
close of the record at or following the final evidentiary hearing on the
proposal before the local government. Such issues shall be raised and
accompanied by statements or evidence sufficient to afford the governing body,
planning commission, hearings body or hearings officer, and the parties an
adequate opportunity to respond to each issue.
     (2)(a) Notice of the hearings governed by
this section shall be provided to the applicant and to owners of record of
property on the most recent property tax assessment roll where such property is
located:
     (A) Within 100 feet of the property which
is the subject of the notice where the subject property is wholly or in part
within an urban growth boundary;
     (B) Within 250 feet of the property which
is the subject of the notice where the subject property is outside an urban
growth boundary and not within a farm or forest zone; or
     (C) Within 500 feet of the property which
is the subject of the notice where the subject property is within a farm or
forest zone.
     (b) Notice shall also be provided to any
neighborhood or community organization recognized by the governing body and
whose boundaries include the site.
     (c) At the discretion of the applicant,
the local government also shall provide notice to the Department of Land
Conservation and Development.
     (3) The notice provided by the
jurisdiction shall:
     (a) Explain the nature of the application
and the proposed use or uses which could be authorized;
     (b) List the applicable criteria from the
ordinance and the plan that apply to the application at issue;
     (c) Set forth the street address or other
easily understood geographical reference to the subject property;
     (d) State the date, time and location of
the hearing;
     (e) State that failure of an issue to be
raised in a hearing, in person or by letter, or failure to provide statements
or evidence sufficient to afford the decision maker an opportunity to respond
to the issue precludes appeal to the board based on that issue;
     (f) Be mailed at least:
     (A) Twenty days before the evidentiary
hearing; or
     (B) If two or more evidentiary hearings
are allowed, 10 days before the first evidentiary hearing;
     (g) Include the name of a local government
representative to contact and the telephone number where additional information
may be obtained;
     (h) State that a copy of the application,
all documents and evidence submitted by or on behalf of the applicant and
applicable criteria are available for inspection at no cost and will be
provided at reasonable cost;
     (i) State that a copy of the staff report
will be available for inspection at no cost at least seven days prior to the
hearing and will be provided at reasonable cost; and
     (j) Include a general explanation of the
requirements for submission of testimony and the procedure for conduct of hearings.
     (4)(a) All documents or evidence relied
upon by the applicant shall be submitted to the local government and be made
available to the public.
     (b) Any staff report used at the hearing
shall be available at least seven days prior to the hearing. If additional
documents or evidence are provided by any party, the local government may allow
a continuance or leave the record open to allow the parties a reasonable
opportunity to respond. Any continuance or extension of the record requested by
an applicant shall result in a corresponding extension of the time limitations
of ORS 215.427 or 227.178 and ORS 215.429 or 227.179.
     (5) At the commencement of a hearing under
a comprehensive plan or land use regulation, a statement shall be made to those
in attendance that:
     (a) Lists the applicable substantive
criteria;
     (b) States that testimony, arguments and
evidence must be directed toward the criteria described in paragraph (a) of
this subsection or other criteria in the plan or land use regulation which the
person believes to apply to the decision; and
     (c) States that failure to raise an issue
accompanied by statements or evidence sufficient to afford the decision maker
and the parties an opportunity to respond to the issue precludes appeal to the
board based on that issue.
     (6)(a) Prior to the conclusion of the
initial evidentiary hearing, any participant may request an opportunity to
present additional evidence, arguments or testimony regarding the application.
The local hearings authority shall grant such request by continuing the public
hearing pursuant to paragraph (b) of this subsection or leaving the record open
for additional written evidence, arguments or testimony pursuant to paragraph
(c) of this subsection.
     (b) If the hearings authority grants a
continuance, the hearing shall be continued to a date, time and place certain
at least seven days from the date of the initial evidentiary hearing. An
opportunity shall be provided at the continued hearing for persons to present
and rebut new evidence, arguments or testimony. If new written evidence is
submitted at the continued hearing, any person may request, prior to the
conclusion of the continued hearing, that the record be left open for at least
seven days to submit additional written evidence, arguments or testimony for
the purpose of responding to the new written evidence.
     (c) If the hearings authority leaves the
record open for additional written evidence, arguments or testimony, the record
shall be left open for at least seven days. Any participant may file a written
request with the local government for an opportunity to respond to new evidence
submitted during the period the record was left open. If such a request is
filed, the hearings authority shall reopen the record pursuant to subsection
(7) of this section.
     (d) A continuance or extension granted
pursuant to this section shall be subject to the limitations of ORS 215.427 or
227.178 and ORS 215.429 or 227.179, unless the continuance or extension is
requested or agreed to by the applicant.
     (e) Unless waived by the applicant, the
local government shall allow the applicant at least seven days after the record
is closed to all other parties to submit final written arguments in support of
the application. The applicantÂ’s final submittal shall be considered part of
the record, but shall not include any new evidence. This seven-day period shall
not be subject to the limitations of ORS 215.427 or 227.178 and ORS 215.429 or
227.179.
     (7) When a local governing body, planning
commission, hearings body or hearings officer reopens a record to admit new
evidence, arguments or testimony, any person may raise new issues which relate
to the new evidence, arguments, testimony or criteria for decision-making which
apply to the matter at issue.
     (8) The failure of the property owner to
receive notice as provided in this section shall not invalidate such
proceedings if the local government can demonstrate by affidavit that such
notice was given. The notice provisions of this section shall not restrict the
giving of notice by other means, including posting, newspaper publication,
radio and television.
     (9) For purposes of this section:
     (a) “Argument” means assertions and
analysis regarding the satisfaction or violation of legal standards or policy
believed relevant by the proponent to a decision. “Argument” does not include
facts.
     (b) “Evidence” means facts, documents,
data or other information offered to demonstrate compliance or noncompliance
with the standards believed by the proponent to be relevant to the decision. [1989
c.761 §10a (enacted in lieu of 197.762); 1991 c.817 §31; 1995 c.595 §2; 1997
c.763 §6; 1997 c.844 §2; 1999 c.533 §12]
     197.764
Application to remove property from within urban growth boundary; conditions. (1) A local government may approve an application
to remove a lot or parcel from within an urban growth boundary if:
     (a) The application is submitted by the
owner of the lot or parcel;
     (b)(A) The lot or parcel is adjacent to
the edge of the urban growth boundary; or
     (B) The lot or parcel is adjacent to
another lot or parcel that is removed under this section;
     (c) The lot or parcel is assessed under
ORS 308A.050 to 308A.128 for its value for farm use;
     (d) The lot or parcel is not within the
boundaries of a city; and
     (e) The lot or parcel is not included in
an area identified for urban services under ORS 197.754.
     (2) A local government, in deciding
whether to approve an application under subsection (1) of this section, shall
consider:
     (a) The projected costs and other
consequences of extending urban services to the affected lot or parcel;
     (b) The potential value in the investment
of providing urban services to the affected lot or parcel;
     (c) Any requirement for expanding the
urban growth boundary in other areas to compensate for any loss in buildable
lands; and
     (d) The projected costs and other
consequences of providing urban services to other areas brought in under an
expanded urban growth boundary.
     (3)(a) Land that is removed from within an
urban growth boundary pursuant to an application approved under this section
shall be removed from any inventory of buildable lands maintained by the local
government.
     (b) A local government that approves an
application under this section shall either expand the urban growth boundary to
compensate for any resulting reduction in available buildable lands or increase
the development capacity of the remaining supply of buildable lands. [1999
c.503 §1; 2001 c.104 §70]
     197.765 [1973 c.482 §2a; repealed by 1977 c.665 §24]
     197.766
Laws applicable to certain local decisions regarding urban growth boundary. (1) A decision of a local government to
expand an urban growth boundary shall comply with the provisions of ORS
197.296.
     (2) A decision of a local government under
ORS 197.764 (1) is a land use decision. [1999 c.503 §2]
     197.767 [1987 c.729 §4; repealed by 1989 c.837 §34]
     197.768
Local government or special district adoption of public facilities strategy;
public hearing; written findings. (1) As used in this section, “special district” has the meaning given
that term in ORS 197.505.
     (2)(a) A local government or special
district may adopt a public facilities strategy if the public facilities
strategy:
     (A)(i) Is acknowledged under ORS 197.251;
or
     (ii) Is approved by the Land Conservation
and Development Commission under ORS 197.628 to 197.650; and
     (B) Meets the requirements of this
section.
     (b) If a special district seeks to
implement a public facilities strategy, that special district is considered a
local government for the purposes of ORS 197.251 and 197.628 to 197.650.
     (3) A local government or special district
may adopt a public facilities strategy only if the local government or special
district:
     (a) Makes written findings justifying the
need for the public facilities strategy;
     (b) Holds a public hearing on the adoption
of a public facilities strategy and the findings that support the adoption of
the public facilities strategy; and
     (c) Provides written notice to the
Department of Land Conservation and Development at least 45 days prior to the
final public hearing that is held to consider the adoption of the public
facilities strategy.
     (4) At a minimum, the findings under
subsection (3) of this section must demonstrate that:
     (a) There is a rapid increase in the rate
or intensity of land development in a specific geographic area that was
unanticipated at the time the original planning for that area was adopted or
there has been a natural disaster or other catastrophic event in a specific
geographic area;
     (b) The total land development expected
within the specific geographic area will exceed the planned or existing
capacity of public facilities; and
     (c) The public facilities strategy is
structured to ensure that the necessary supply of housing and commercial and
industrial facilities that will be impacted within the relevant geographic area
is not unreasonably restricted by the adoption of the public facilities
strategy.
     (5) A public facilities strategy shall
include a clear, objective and detailed description of actions and practices a
local government or special district may engage in to control the time and
sequence of development approvals in response to the identified deficiencies in
public facilities.
     (6) A public facilities strategy shall be
effective for no more than 24 months after the date on which it is adopted, but
may be extended, subject to subsection (7) of this section, provided the local
government or special district adopting the public facilities strategy holds a
public hearing on the proposed extension and adopts written findings that:
     (a) Verify that the problem giving rise to
the need for a public facilities strategy still exists;
     (b) Demonstrate that reasonable progress
is being made to alleviate the problem giving rise to the need for a public
facilities strategy; and
     (c) Set a specific duration for the
extension of the public facilities strategy.
     (7)(a) A local government or special
district considering an extension of a public facilities strategy shall give
the department notice at least 14 days prior to the date of the public hearing
on the extension.
     (b) A single extension may not exceed one
year, and a public facilities strategy may not be extended more than three
times. [1995 c.463 §5; 2001 c.557 §1]
     197.770
Firearms training facilities.
(1) Any firearms training facility in existence on September 9, 1995, shall be
allowed to continue operating until such time as the facility is no longer used
as a firearms training facility.
     (2) For purposes of this section, a “firearms
training facility” is an indoor or outdoor facility that provides training
courses and issues certifications required:
     (a) For law enforcement personnel;
     (b) By the State Department of Fish and
Wildlife; or
     (c) By nationally recognized programs that
promote shooting matches, target shooting and safety. [1995 c.475 §2]
     197.772
Consent for designation as historic property. (1) Notwithstanding any other provision of law, a local government
shall allow a property owner to refuse to consent to any form of historic
property designation at any point during the designation process. Such refusal
to consent shall remove the property from any form of consideration for
historic property designation under ORS 358.480 to 358.545 or other law except
for consideration or nomination to the National Register of Historic Places
pursuant to the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470 et seq.).
     (2) No permit for the demolition or
modification of property removed from consideration for historic property
designation under subsection (1) of this section shall be issued during the
120-day period following the date of the property ownerÂ’s refusal to consent.
     (3) A local government shall allow a
property owner to remove from the property a historic property designation that
was imposed on the property by the local government. [1995 c.693 §21; 2001
c.540 §19]
     197.775 [1973 c.482 §11; repealed by 1977 c.665 §24]
     197.780 [1973 c.482 §12; repealed by 1977 c.665 §24]
     197.785 [1973 c.482 §13; repealed by 1977 c.665 §24]
     197.790 [1973 c.482 §14; repealed by 1977 c.665 §24]
     197.794
Notice to railroad company upon certain applications for land use decision,
limited land use decision or expedited land use decision. (1) As used in this section, “railroad
company” has the meaning given that term in ORS 824.200.
     (2) If a railroad-highway crossing
provides or will provide the only access to land that is the subject of an
application for a land use decision, a limited land use decision or an
expedited land division, the applicant must indicate that fact in the
application submitted to the decision maker.
     (3) The decision maker shall provide
notice to the Department of Transportation and the railroad company whenever
the decision maker receives the information described under subsection (2) of
this section. [2003 c.145 §2]
     197.795 [1973 c.482 §10; repealed by 1977 c.665 §24]
     197.796
Applicant for certain land use decisions may accept and appeal condition
imposed on application; procedure; attorney fees. (1) An applicant for a land use decision,
limited land use decision or expedited land division or for a permit under ORS
215.427 or 227.178 may accept a condition of approval imposed under ORS 215.416
or 227.175 and file a challenge to the condition under this section. Acceptance
by an applicant for a land use decision, limited land use decision, expedited
land division or permit under ORS 215.427 or 227.178 of a condition of approval
imposed under ORS 215.416 or 227.175 does not constitute a waiver of the right
to challenge the condition of approval. Acceptance of a condition may include
but is not limited to paying a fee, performing an act or providing satisfactory
evidence of arrangements to pay the fee or to ensure compliance with the
condition.
     (2) Any action for damages under this
section shall be filed in the circuit court of the county in which the
application was submitted within 180 days of the date of the decision.
     (3)(a) A challenge filed pursuant to this
section may not be dismissed on the basis that the applicant did not request a
variance to the condition of approval or any other available form of
reconsideration of the challenged condition. However, an applicant shall comply
with ORS 197.763 (1) prior to appealing to the Land Use Board of Appeals or
bringing an action for damages in circuit court and must exhaust all local
appeals provided in the local comprehensive plan and land use regulations
before proceeding under this section.
     (b) In addition to the requirements of ORS
197.763 (5), at the commencement of the initial public hearing, a statement
shall be made to the applicant that the failure of the applicant to raise
constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow the local government or its designee to respond
to the issue precludes an action for damages in circuit court.
     (c) An applicant is not required to raise
an issue under this subsection unless the condition of approval is stated with
sufficient specificity to enable the applicant to respond to the condition
prior to the close of the final local hearing.
     (4) In any challenge to a condition of
approval that is subject to the Takings Clause of the Fifth Amendment to the
United States Constitution, the local government shall have the burden of
demonstrating compliance with the constitutional requirements for imposing the
condition.
     (5) In a proceeding in circuit court under
this section, the court shall award costs and reasonable attorney fees to a
prevailing party. Notwithstanding ORS 197.830 (15), in a proceeding before the
Land Use Board of Appeals under this section, the board shall award costs and
reasonable attorney fees to a prevailing party.
     (6) This section applies to appeals by the
applicant of a condition of approval and claims filed in state court seeking damages
for the unlawful imposition of conditions of approval in a land use decision,
limited land use decision, expedited land division or permit under ORS 215.427
or 227.178. [1999 c.1014 §5]
LAND USE
BOARD OF APPEALS
     197.805
Policy on review of land use decisions. It is the policy of the Legislative Assembly that time is of the
essence in reaching final decisions in matters involving land use and that
those decisions be made consistently with sound principles governing judicial
review. It is the intent of the Legislative Assembly in enacting ORS 197.805 to
197.855 to accomplish these objectives. [1979 c.772 §1a; 1983 c.827 §28]
     197.810
Land Use Board of Appeals; appointment and removal of members; qualifications. (1) There is hereby created a Land Use Board
of Appeals consisting of not more than three positions. Board members shall be
appointed by the Governor subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565. The board shall consist of a board
chairperson chosen by the board members and such other board members as the
Governor considers necessary. The members of the board shall serve terms of
four years. A member is eligible for reappointment. The salaries of the members
shall be fixed by the Governor unless otherwise provided for by law. The salary
of a member of the board shall not be reduced during the period of service of
the member.
     (2) The Governor may at any time remove
any member of the board for inefficiency, incompetence, neglect of duty,
malfeasance in office or unfitness to render effective service. Before such
removal the Governor shall give the member a copy of the charges against the
member and shall fix the time when the member can be heard in defense against
the charges, which shall not be less than 10 days thereafter. The hearing shall
be open to the public and shall be conducted in the same manner as a contested
case under ORS chapter 183. The decision of the Governor to remove a member of
the board shall be subject to judicial review in the same manner as provided
for review of contested cases under ORS 183.480 to 183.540.
     (3) Board members appointed under
subsection (1) of this section shall be members in good standing of the Oregon
State Bar. [1979 c.772 §2; 1983 c.827 §28a; 1997 c.436 §1; 1999 c.257 §1]
     197.815
Office location; proceedings may be conducted by telephone. (1) The principal office of the Land Use
Board of Appeals shall be in the state capital, but the board may hold hearings
in any county or city in order to provide reasonable opportunities to parties
to appear before the board with as little inconvenience and expense as is
practicable. Upon request of the board, the county or city governing body shall
provide the board with suitable rooms for hearings held in that city or county.
     (2) For the convenience of one or more of
the parties, the board may hold hearings by telephone. [1983 c.827 §29; 1999
c.257 §2]
     197.820
Duty to conduct review proceedings; authority to issue orders; rules. (1) The Land Use Board of Appeals shall conduct
review proceedings upon petitions filed in the manner prescribed in ORS
197.830.
     (2) In conducting review proceedings the
members of the board may sit together or separately as the board chairperson
shall decide.
     (3) The board chairperson shall apportion
the business of the board among the members of the board. Each member shall
have the power to hear and issue orders on petitions filed with the board and
on all issues arising under those petitions.
     (4) The board shall adopt rules governing:
     (a) The conduct of review proceedings
brought before it under ORS 197.830 to 197.845.
     (b) The transfer of a matter to the board
by the Director of the Department of Land Conservation and Development under
ORS 197.825 (2)(c). [1979 c.772 §2a; 1983 c.827 §28b; 1997 c.436 §2; 1999 c.257
§3; 2005 c.245 §2; 2005 c.829 §11]
     197.825
Jurisdiction of board; limitations; effect on circuit court jurisdiction. (1) Except as provided in ORS 197.320 and
subsections (2) and (3) of this section, the Land Use Board of Appeals shall
have exclusive jurisdiction to review any land use decision or limited land use
decision of a local government, special district or a state agency in the
manner provided in ORS 197.830 to 197.845.
     (2) The jurisdiction of the board:
     (a) Is limited to those cases in which the
petitioner has exhausted all remedies available by right before petitioning the
board for review;
     (b) Is subject to the provisions of ORS
197.850 relating to judicial review by the Court of Appeals;
     (c) Does not include a local government
decision that is:
     (A) Submitted to the Department of Land
Conservation and Development for acknowledgment under ORS 197.251, 197.626 or
197.628 to 197.650 or a matter arising out of a local government decision
submitted to the department for acknowledgment, unless the Director of the
Department of Land Conservation and Development, in the directorÂ’s sole
discretion, transfers the matter to the board; or
     (B) Subject to the review authority of the
department under ORS 197.430, 197.445, 197.450 or 197.455 or a matter related
to a local government decision subject to the review authority of the
department under ORS 197.430, 197.445, 197.450 or 197.455;
     (d) Does not include those land use
decisions of a state agency over which the Court of Appeals has jurisdiction
for initial judicial review under ORS 183.400, 183.482 or other statutory
provisions;
     (e) Does not include any rules, programs,
decisions, determinations or activities carried out under ORS 527.610 to
527.770, 527.990 (1) and 527.992;
     (f) Is subject to ORS 196.115 for any
county land use decision that may be reviewed by the Columbia River Gorge
Commission pursuant to sections 10(c) or 15(a)(2) of the Columbia River Gorge
National Scenic Area Act, P.L. 99-663; and
     (g) Does not include review of expedited
land divisions under ORS 197.360.
     (3) Notwithstanding subsection (1) of this
section, the circuit courts of this state retain jurisdiction:
     (a) To grant declaratory, injunctive or
mandatory relief in proceedings arising from decisions described in ORS 197.015
(10)(b) or proceedings brought to enforce the provisions of an adopted
comprehensive plan or land use regulations; and
     (b) To enforce orders of the board in
appropriate proceedings brought by the board or a party to the board proceeding
resulting in the order. [1983 c.827 §30; 1987 c.729 §14; 1987 c.856 §9; 1987
c.919 §4; 1989 c.761 §11; 1991 c.817 §4; 1995 c.595 §26; 1999 c.348 §16; 2005
c.22 §146; 2005 c.245 §1; 2005 c.829 §10; 2007 c.354 §30]
     197.828
Board review of limited land use decision. (1) The Land Use Board of Appeals shall either reverse, remand or
affirm a limited land use decision on review.
     (2) The board shall reverse or remand a
limited land use decision if:
     (a) The decision is not supported by
substantial evidence in the record. The existence of evidence in the record
supporting a different decision shall not be grounds for reversal or remand if
there is evidence in the record to support the final decision;
     (b) The decision does not comply with
applicable provisions of the land use regulations;
     (c) The decision is:
     (A) Outside the scope of authority of the
decision maker; or
     (B) Unconstitutional; or
     (d) The local government committed a
procedural error which prejudiced the substantial rights of the petitioner. [1991
c.817 §2]
     197.829
Board to affirm certain local government interpretations. (1) The Land Use Board of Appeals shall
affirm a local governmentÂ’s interpretation of its comprehensive plan and land
use regulations, unless the board determines that the local governmentÂ’s
interpretation:
     (a) Is inconsistent with the express
language of the comprehensive plan or land use regulation;
     (b) Is inconsistent with the purpose for
the comprehensive plan or land use regulation;
     (c) Is inconsistent with the underlying
policy that provides the basis for the comprehensive plan or land use
regulation; or
     (d) Is contrary to a state statute, land
use goal or rule that the comprehensive plan provision or land use regulation
implements.
     (2) If a local government fails to
interpret a provision of its comprehensive plan or land use regulations, or if
such interpretation is inadequate for review, the board may make its own
determination of whether the local government decision is correct. [1993 c.792 §43;
1995 c.595 §4]
     197.830
Review procedures; standing; fees; deadlines; rules; issues subject to review;
attorney fees and costs; publication of orders; mediation. (1) Review of land use decisions or limited
land use decisions under ORS 197.830 to 197.845 shall be commenced by filing a
notice of intent to appeal with the Land Use Board of Appeals.
     (2) Except as provided in ORS 197.620 (1)
and (2), a person may petition the board for review of a land use decision or
limited land use decision if the person:
     (a) Filed a notice of intent to appeal the
decision as provided in subsection (1) of this section; and
     (b) Appeared before the local government,
special district or state agency orally or in writing.
     (3) If a local government makes a land use
decision without providing a hearing, except as provided under ORS 215.416 (11)
or 227.175 (10), or the local government makes a land use decision that is
different from the proposal described in the notice of hearing to such a degree
that the notice of the proposed action did not reasonably describe the local
governmentÂ’s final actions, a person adversely affected by the decision may
appeal the decision to the board under this section:
     (a) Within 21 days of actual notice where
notice is required; or
     (b) Within 21 days of the date a person
knew or should have known of the decision where no notice is required.
     (4) If a local government makes a land use
decision without a hearing pursuant to ORS 215.416 (11) or 227.175 (10):
     (a) A person who was not provided mailed
notice of the decision as required under ORS 215.416 (11)(c) or 227.175 (10)(c)
may appeal the decision to the board under this section within 21 days of
receiving actual notice of the decision.
     (b) A person who is not entitled to notice
under ORS 215.416 (11)(c) or 227.175 (10)(c) but who is adversely affected or
aggrieved by the decision may appeal the decision to the board under this
section within 21 days after the expiration of the period for filing a local
appeal of the decision established by the local government under ORS 215.416
(11)(a) or 227.175 (10)(a).
     (c) A person who receives mailed notice of
a decision made without a hearing under ORS 215.416 (11) or 227.175 (10) may
appeal the decision to the board under this section within 21 days of receiving
actual notice of the nature of the decision, if the mailed notice of the
decision did not reasonably describe the nature of the decision.
     (d) Except as provided in paragraph (c) of
this subsection, a person who receives mailed notice of a decision made without
a hearing under ORS 215.416 (11) or 227.175 (10) may not appeal the decision to
the board under this section.
     (5) If a local government makes a limited
land use decision which is different from the proposal described in the notice
to such a degree that the notice of the proposed action did not reasonably
describe the local governmentÂ’s final actions, a person adversely affected by
the decision may appeal the decision to the board under this section:
     (a) Within 21 days of actual notice where
notice is required; or
     (b) Within 21 days of the date a person
knew or should have known of the decision where no notice is required.
     (6)(a) Except as provided in paragraph (b)
of this subsection, the appeal periods described in subsections (3), (4) and
(5) of this section shall not exceed three years after the date of the
decision.
     (b) If notice of a hearing or an
administrative decision made pursuant to ORS 197.195 or 197.763 is required but
has not been provided, the provisions of paragraph (a) of this subsection do
not apply.
     (7)(a) Within 21 days after a notice of
intent to appeal has been filed with the board under subsection (1) of this
section, any person may intervene in and be made a party to the review
proceeding upon a showing of compliance with subsection (2) of this section.
     (b) Notwithstanding the provisions of
paragraph (a) of this subsection, persons who may intervene in and be made a
party to the review proceedings, as set forth in subsection (1) of this
section, are:
     (A) The applicant who initiated the action
before the local government, special district or state agency; or
     (B) Persons who appeared before the local
government, special district or state agency, orally or in writing.
     (c) Failure to comply with the deadline
set forth in paragraph (a) of this subsection shall result in denial of a
motion to intervene.
     (8) If a state agency whose order, rule,
ruling, policy or other action is at issue is not a party to the proceeding, it
may file a brief with the board as if it were a party. The brief shall be due
on the same date the respondentÂ’s brief is due.
     (9) A notice of intent to appeal a land
use decision or limited land use decision shall be filed not later than 21 days
after the date the decision sought to be reviewed becomes final. A notice of
intent to appeal plan and land use regulation amendments processed pursuant to
ORS 197.610 to 197.625 shall be filed not later than 21 days after notice of
the decision sought to be reviewed is mailed or otherwise submitted to parties
entitled to notice under ORS 197.615. Failure to include a certificate of
mailing with the notice mailed under ORS 197.615 shall not render the notice
defective. Copies of the notice of intent to appeal shall be served upon the
local government, special district or state agency and the applicant of record,
if any, in the local government, special district or state agency proceeding.
The notice shall be served and filed in the form and manner prescribed by rule
of the board and shall be accompanied by a filing fee of $175 and a deposit for
costs to be established by the board. If a petition for review is not filed
with the board as required in subsections (10) and (11) of this section, the
filing fee and deposit shall be awarded to the local government, special
district or state agency as cost of preparation of the record.
     (10)(a) Within 21 days after service of
the notice of intent to appeal, the local government, special district or state
agency shall transmit to the board the original or a certified copy of the
entire record of the proceeding under review. By stipulation of all parties to
the review proceeding the record may be shortened. The board may require or
permit subsequent corrections to the record; however, the board shall issue an
order on a motion objecting to the record within 60 days of receiving the
motion.
     (b) Within 10 days after service of a
notice of intent to appeal, the board shall provide notice to the petitioner
and the respondent of their option to enter into mediation pursuant to ORS
197.860. Any person moving to intervene shall be provided such notice within
seven days after a motion to intervene is filed. The notice required by this
paragraph shall be accompanied by a statement that mediation information or
assistance may be obtained from the Department of Land Conservation and
Development.
     (11) A petition for review of the land use
decision or limited land use decision and supporting brief shall be filed with
the board as required by the board under subsection (13) of this section.
     (12) The petition shall include a copy of
the decision sought to be reviewed and shall state:
     (a) The facts that establish that the
petitioner has standing.
     (b) The date of the decision.
     (c) The issues the petitioner seeks to
have reviewed.
     (13)(a) The board shall adopt rules
establishing deadlines for filing petitions and briefs and for oral argument.
     (b) At any time subsequent to the filing
of a notice of intent and prior to the date set for filing the record, or, on
appeal of a decision under ORS 197.610 to 197.625, prior to the filing of the
respondentÂ’s brief, the local government or state agency may withdraw its
decision for purposes of reconsideration. If a local government or state agency
withdraws an order for purposes of reconsideration, it shall, within such time
as the board may allow, affirm, modify or reverse its decision. If the
petitioner is dissatisfied with the local government or agency action after
withdrawal for purposes of reconsideration, the petitioner may refile the
notice of intent and the review shall proceed upon the revised order. An
amended notice of intent shall not be required if the local government or state
agency, on reconsideration, affirms the order or modifies the order with only
minor changes.
     (14) The board shall issue a final order
within 77 days after the date of transmittal of the record. If the order is not
issued within 77 days the applicant may apply in
     (15)(a) Upon entry of its final order the
board may, in its discretion, award costs to the prevailing party including the
cost of preparation of the record if the prevailing party is the local
government, special district or state agency whose decision is under review.
The deposit required by subsection (9) of this section shall be applied to any
costs charged against the petitioner.
     (b) The board shall also award reasonable
attorney fees and expenses to the prevailing party against any other party who
the board finds presented a position without probable cause to believe the
position was well-founded in law or on factually supported information.
     (16) Orders issued under this section may
be enforced in appropriate judicial proceedings.
     (17)(a) The board shall provide for the
publication of its orders that are of general public interest in the form it
deems best adapted for public convenience. The publications shall constitute
the official reports of the board.
     (b) Any moneys collected or received from
sales by the board shall be paid into the Board Publications Account
established by ORS 197.832.
     (18) Except for any sums collected for
publication of board opinions, all fees collected by the board under this
section that are not awarded as costs shall be paid over to the State Treasurer
to be credited to the General Fund. [1983 c.827 §31; 1985 c.119 §3; 1987 c.278 §1;
1987 c.729 §16; 1989 c.761 §12; 1991 c.817 §7; 1993 c.143 §1; 1993 c.310 §1;
1995 c.160 §1; 1995 c.595 §3; 1997 c.187 §1; 1997 c.452 §1; 1999 c.255 §2; 1999
c.348 §17; 1999 c.621 §3; 2003 c.791 §28; 2003 c.793 §6]
     197.831
Clear and objective approval standards; burden of proof. In a proceeding before the Land Use Board of
Appeals or on judicial review from an order of the board that involves an
ordinance required to contain clear and objective approval standards for a
permit under ORS 197.307 and 227.175, the local government imposing the
provisions of the ordinance shall demonstrate that the approval standards are
capable of being imposed only in a clear and objective manner. [1999 c.357 §5]
     197.832
Board Publications Account.
The Board Publications Account is established in the General Fund. All moneys
in the account are appropriated continuously to the Land Use Board of Appeals
to be used for paying expenses incurred by the board under ORS 197.830 (17).
Disbursements of moneys from the account shall be approved by a member of the
board. [1985 c.119 §5; 1989 c.761 §24; 1995 c.595 §17; 1997 c.436 §3; 1999
c.257 §4; 1999 c.621 §6]
     197.835
Scope of review; rules. (1)
The Land Use Board of Appeals shall review the land use decision or limited
land use decision and prepare a final order affirming, reversing or remanding
the land use decision or limited land use decision. The board shall adopt rules
defining the circumstances in which it will reverse rather than remand a land
use decision or limited land use decision that is not affirmed.
     (2)(a) Review of a decision under ORS
197.830 to 197.845 shall be confined to the record.
     (b) In the case of disputed allegations of
standing, unconstitutionality of the decision, ex parte contacts, actions
described in subsection (10)(a)(B) of this section or other procedural
irregularities not shown in the record that, if proved, would warrant reversal
or remand, the board may take evidence and make findings of fact on those
allegations. The board shall be bound by any finding of fact of the local
government, special district or state agency for which there is substantial
evidence in the whole record.
     (3) Issues shall be limited to those
raised by any participant before the local hearings body as provided by ORS
197.195 or 197.763, whichever is applicable.
     (4) A petitioner may raise new issues to
the board if:
     (a) The local government failed to list
the applicable criteria for a decision under ORS 197.195 (3)(c) or 197.763
(3)(b), in which case a petitioner may raise new issues based upon applicable
criteria that were omitted from the notice. However, the board may refuse to
allow new issues to be raised if it finds that the issue could have been raised
before the local government; or
     (b) The local government made a land use
decision or limited land use decision which is different from the proposal
described in the notice to such a degree that the notice of the proposed action
did not reasonably describe the local governmentÂ’s final action.
     (5) The board shall reverse or remand a
land use decision not subject to an acknowledged comprehensive plan and land
use regulations if the decision does not comply with the goals. The board shall
reverse or remand a land use decision or limited land use decision subject to
an acknowledged comprehensive plan or land use regulation if the decision does
not comply with the goals and the Land Conservation and Development Commission
has issued an order under ORS 197.320 or adopted a new or amended goal under
ORS 197.245 requiring the local government to apply the goals to the type of
decision being challenged.
     (6) The board shall reverse or remand an
amendment to a comprehensive plan if the amendment is not in compliance with
the goals.
     (7) The board shall reverse or remand an
amendment to a land use regulation or the adoption of a new land use regulation
if:
     (a) The regulation is not in compliance
with the comprehensive plan; or
     (b) The comprehensive plan does not
contain specific policies or other provisions which provide the basis for the
regulation, and the regulation is not in compliance with the statewide planning
goals.
     (8) The board shall reverse or remand a
decision involving the application of a plan or land use regulation provision
if the decision is not in compliance with applicable provisions of the
comprehensive plan or land use regulations.
     (9) In addition to the review under
subsections (1) to (8) of this section, the board shall reverse or remand the
land use decision under review if the board finds:
     (a) The local government or special
district:
     (A) Exceeded its jurisdiction;
     (B) Failed to follow the procedures
applicable to the matter before it in a manner that prejudiced the substantial
rights of the petitioner;
     (C) Made a decision not supported by
substantial evidence in the whole record;
     (D) Improperly construed the applicable
law; or
     (E) Made an unconstitutional decision; or
     (b) The state agency made a decision that
violated the goals.
     (10)(a) The board shall reverse a local
government decision and order the local government to grant approval of an
application for development denied by the local government if the board finds:
     (A) Based on the evidence in the record,
that the local government decision is outside the range of discretion allowed
the local government under its comprehensive plan and implementing ordinances;
or
     (B) That the local government’s action was
for the purpose of avoiding the requirements of ORS 215.427 or 227.178.
     (b) If the board does reverse the decision
and orders the local government to grant approval of the application, the board
shall award attorney fees to the applicant and against the local government.
     (11)(a) Whenever the findings, order and
record are sufficient to allow review, and to the extent possible consistent
with the time requirements of ORS 197.830 (14), the board shall decide all
issues presented to it when reversing or remanding a land use decision
described in subsections (2) to (9) of this section or limited land use
decision described in ORS 197.828 and 197.195.
     (b) Whenever the findings are defective
because of failure to recite adequate facts or legal conclusions or failure to
adequately identify the standards or their relation to the facts, but the
parties identify relevant evidence in the record which clearly supports the
decision or a part of the decision, the board shall affirm the decision or the
part of the decision supported by the record and remand the remainder to the
local government, with direction indicating appropriate remedial action.
     (12) The board may reverse or remand a
land use decision under review due to ex parte contacts or bias resulting from
ex parte contacts with a member of the decision-making body, only if the member
of the decision-making body did not comply with ORS 215.422 (3) or 227.180 (3),
whichever is applicable.
     (13) Subsection (12) of this section does
not apply to reverse or remand of a land use decision due to ex parte contact
or bias resulting from ex parte contact with a hearings officer.
     (14) The board shall reverse or remand a
land use decision or limited land use decision which violates a commission
order issued under ORS 197.328.
     (15) In cases in which a local government
provides a quasi-judicial land use hearing on a limited land use decision, the
requirements of subsections (12) and (13) of this section apply.
     (16) The board may decide cases before it
by means of memorandum decisions and shall prepare full opinions only in such
cases as it deems proper. [1983 c.827 §§32,32a; 1985 c.811 §15; 1987 c.729 §2;
1989 c.648 §57; 1989 c.761 §13; 1991 c.817 §13; 1995 c.595 §§3a,5; 1995 c.812 §5;
1997 c.844 §3; 1999 c.621 §7]
     197.840
Exceptions to deadline for final decision. (1) The following periods of delay shall be excluded from the 77-day
period within which the board must make a final decision on a petition under
ORS 197.830 (14):
     (a) Any period of delay up to 120 days
resulting from the boardÂ’s deferring all or part of its consideration of a
petition for review of a land use decision or limited land use decision that
allegedly violates the goals if the decision has been:
     (A) Submitted for acknowledgment under ORS
197.251; or
     (B) Submitted to the Department of Land
Conservation and Development as part of a periodic review work program task
pursuant to ORS 197.628 to 197.650 and not yet acknowledged.
     (b) Any period of delay resulting from a
motion, including but not limited to, a motion disputing the constitutionality
of the decision, standing, ex parte contacts or other procedural irregularities
not shown in the record.
     (c) Any reasonable period of delay
resulting from a request for a stay under ORS 197.845.
     (d) Any reasonable period of delay
resulting from a continuance granted by a member of the board on the memberÂ’s
own motion or at the request of one of the parties, if the member granted the
continuance on the basis of findings that the ends of justice served by
granting the continuance outweigh the best interest of the public and the
parties in having a decision within 77 days.
     (2) No period of delay resulting from a
continuance granted by the board under subsection (1)(d) of this section shall
be excludable under this section unless the board sets forth in the record,
either orally or in writing, its reasons for finding that the ends of justice
served by granting the continuance outweigh the best interests of the public
and the other parties in a decision within the 77 days. The factors the board
shall consider in determining whether to grant a continuance under subsection
(1)(d) of this section in any case are as follows:
     (a) Whether the failure to grant a
continuance in the proceeding would be likely to make a continuation of the
proceeding impossible or result in a miscarriage of justice; or
     (b) Whether the case is so unusual or so
complex, due to the number of parties or the existence of novel questions of
fact or law, that it is unreasonable to expect adequate consideration of the issues
within the 77-day time limit.
     (3) No continuance under subsection (1)(d)
of this section shall be granted because of general congestion of the board
calendar or lack of diligent preparation or attention to the case by any member
of the board or any party.
     (4) The board may defer all or part of its
consideration of a land use decision or limited land use decision described in
subsection (1)(a) of this section until the Land Conservation and Development
Commission has disposed of the acknowledgment proceeding described in
subsection (1)(a) of this section. If the board deferred all or part of its
consideration of a decision under this subsection, the board may grant a stay
of the comprehensive plan provision, land use regulation, limited land use decision
or land use decision under ORS 197.845. [1983 c.827 §33; 1989 c.761 §25; 1991
c.612 §19; 1991 c.817 §27; 1995 c.595 §18; 1999 c.348 §18; 1999 c.621 §8]
     197.845
Stay of decision being reviewed; criteria; undertaking; conditions;
limitations. (1) Upon application
of the petitioner, the board may grant a stay of a land use decision or limited
land use decision under review if the petitioner demonstrates:
     (a) A colorable claim of error in the land
use decision or limited land use decision under review; and
     (b) That the petitioner will suffer
irreparable injury if the stay is not granted.
     (2) If the board grants a stay of a
quasi-judicial land use decision or limited land use decision approving a
specific development of land, it shall require the petitioner requesting the
stay to give an undertaking in the amount of $5,000. The undertaking shall be
in addition to the filing fee and deposit for costs required under ORS 197.830
(9). The board may impose other reasonable conditions such as requiring the petitioner
to file all documents necessary to bring the matter to issue within specified
reasonable periods of time.
     (3) If the board affirms a quasi-judicial
land use decision or limited land use decision for which a stay was granted
under subsections (1) and (2) of this section, the board shall award reasonable
attorney fees and actual damages resulting from the stay to the person who
requested the land use decision or limited land use decision from the local
government, special district or state agency, against the person requesting the
stay in an amount not to exceed the amount of the undertaking.
     (4) The board shall limit the effect of a
stay of a legislative land use decision to the geographic area or to particular
provisions of the legislative decision for which the petitioner has
demonstrated a colorable claim of error and irreparable injury under subsection
(1) of this section. The board may impose reasonable conditions on a stay of a
legislative decision, such as the giving of a bond or other undertaking or a
requirement that the petitioner file all documents necessary to bring the
matter to issue within a specified reasonable time period. [1983 c.827 §34;
1989 c.761 §22; 1991 c.817 §28; 1999 c.621 §9]
     197.850
Judicial review of board order; procedures; scope of review; attorney fees;
undertaking. (1) Any party
to a proceeding before the Land Use Board of Appeals under ORS 197.830 to
197.845 may seek judicial review of a final order issued in those proceedings.
     (2) Notwithstanding the provisions of ORS
183.480 to 183.540, judicial review of orders issued under ORS 197.830 to
197.845 shall be solely as provided in this section.
     (3)(a) Jurisdiction for judicial review of
proceedings under ORS 197.830 to 197.845 is conferred upon the Court of
Appeals. Proceedings for judicial review shall be instituted by filing a
petition in the Court of Appeals. The petition shall be filed within 21 days
following the date the board delivered or mailed the order upon which the
petition is based.
     (b) Filing of the petition, as set forth
in paragraph (a) of this subsection, and service of a petition on all persons
identified in the petition as adverse parties of record in the board proceeding
is jurisdictional and may not be waived or extended.
     (4) The petition shall state the nature of
the order the petitioner desires reviewed. Copies of the petition shall be
served by registered or certified mail upon the board, and all other parties of
record in the board proceeding.
     (5) Within seven days after service of the
petition, the board shall transmit to the court the original or a certified
copy of the entire record of the proceeding under review, but, by stipulation
of all parties to the review proceeding, the record may be shortened. Any party
unreasonably refusing to stipulate to limit the record may be taxed by the
court for the additional costs. The court may require or permit subsequent
corrections or additions to the record when deemed desirable. Except as
specifically provided in this subsection, the cost of the record shall not be
taxed to the petitioner or any intervening party. However, the court may tax
such costs and the cost of transcription of record to a party filing a
frivolous petition for judicial review.
     (6) Petitions and briefs shall be filed
within time periods and in a manner established by the Court of Appeals by
rule.
     (7)(a) The court shall hear oral argument
within 49 days of the date of transmittal of the record.
     (b) The court may hear oral argument more
than 49 days from the date of transmittal of the record provided the court
determines that the ends of justice served by holding oral argument on a later
day outweigh the best interests of the public and the parties. The court shall
not hold oral argument more than 49 days from the date of transmittal of the
record because of general congestion of the court calendar or lack of diligent
preparation or attention to the case by any member of the court or any party.
     (c) The court shall set forth in writing a
determination to hear oral argument more than 49 days from the date the record
is transmitted, together with the reasons for its determination, and shall
provide a copy to the parties. The court shall schedule oral argument as soon
as practicable thereafter.
     (d) In making a determination under paragraph
(b) of this subsection, the court shall consider:
     (A) Whether the case is so unusual or
complex, due to the number of parties or the existence of novel questions of
law, that 49 days is an unreasonable amount of time for the parties to brief
the case and for the court to prepare for oral argument; and
     (B) Whether the failure to hold oral
argument at a later date likely would result in a miscarriage of justice.
     (8) Judicial review of an order issued
under ORS 197.830 to 197.845 shall be confined to the record. The court shall
not substitute its judgment for that of the board as to any issue of fact.
     (9) The court may affirm, reverse or
remand the order. The court shall reverse or remand the order only if it finds:
     (a) The order to be unlawful in substance
or procedure, but error in procedure shall not be cause for reversal or remand
unless the court shall find that substantial rights of the petitioner were
prejudiced thereby;
     (b) The order to be unconstitutional; or
     (c) The order is not supported by
substantial evidence in the whole record as to facts found by the board under
ORS 197.835 (2).
     (10) The Court of Appeals shall issue a
final order on the petition for judicial review with the greatest possible
expediency.
     (11) If the order of the board is remanded
by the Court of Appeals or the Supreme Court, the board shall respond to the
courtÂ’s appellate judgment within 30 days.
     (12) A party shall file with the board an
undertaking with one or more sureties insuring that the party will pay all
costs, disbursements and attorney fees awarded against the party by the Court
of Appeals if:
     (a) The party appealed a decision of the
board to the Court of Appeals; and
     (b) In making the decision being appealed
to the Court of Appeals, the board awarded attorney fees and expenses against
that party under ORS 197.830 (15)(b).
     (13) Upon entry of its final order, the
court shall award attorney fees and expenses to a party who prevails on a claim
that an approval condition imposed by a local government on an application for
a permit pursuant to ORS 215.416 or 227.175 is unconstitutional under section
18, Article I, Oregon Constitution, or the Fifth Amendment to the United States
Constitution.
     (14) The undertaking required in
subsection (12) of this section shall be filed with the board and served on the
opposing parties within 10 days after the date the petition was filed with the
Court of Appeals. [1983 c.827 §35; 1989 c.515 §1; 1989 c.761 §26; 1995 c.595 §19;
1997 c.733 §1; 1999 c.575 §1; 1999 c.621 §10]
     197.855
Deadline for final court order; exceptions. (1) The Court of Appeals shall issue a final order on a petition for
review filed under ORS 197.850 within 91 days after oral argument on the
petition.
     (2) The following periods of delay shall
be excluded from the 91-day period within which the court must issue a final
order on a petition:
     (a) Any period of delay resulting from a
motion properly before the court; or
     (b) Any reasonable period of delay
resulting from a continuance granted by the court on the courtÂ’s own motion or
at the request of one of the parties, if the court granted the continuance on
the basis of findings that the ends of justice served by granting the
continuance outweigh the best interest of the public and the parties in having
a decision within 91 days.
     (3) No period of delay resulting from a
continuance granted by the court under subsection (2)(b) of this section shall
be excludable under this section unless the court sets forth, in the record,
either orally or in writing, its reasons for finding that the ends of justice
served by granting the continuance outweigh the best interests of the public
and the other parties in a decision within the 91 days. The factors the court
shall consider in determining whether to grant a continuance under subsection
(2)(b) of this section in any case are as follows:
     (a) Whether the failure to grant a
continuance in the proceeding would be likely to make a continuation of the
proceeding impossible or result in a miscarriage of justice; or
     (b) Whether the case is so unusual or so
complex, due to the number of parties or the existence of novel questions of
fact or law, that it is unreasonable to expect adequate consideration of the
issues within the 91-day time limit.
     (4) No continuance under subsection (2)(b)
of this section shall be granted because of general congestion of the court
calendar or lack of diligent preparation or attention to the case by any member
of the court or any party. [1983 c.827 §35a]
     197.860
Stay of proceedings to allow mediation.
All parties
to an appeal may at any time prior to a final decision by the Court of Appeals
under ORS 197.855 stipulate that the appeal proceeding be stayed for any period
of time agreeable to the parties and the board or court to allow the parties to
enter mediation. Following mediation, the board or the court may, at the
request of the parties, dismiss the appeal or remand the decision to the board
or the local government with specific instructions for entry of a final
decision on remand. If the parties fail to agree to a stipulation for remand or
dismissal through mediation within the time the appeal is stayed, the appeal
shall proceed with such reasonable extension of appeal deadlines as the board
or Court of Appeals considers appropriate. [1989 c.761 §14]
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