2015 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 197 - Comprehensive Land Use Planning I
Section 197.829 - Board to affirm certain local government interpretations.
(1) The Land Use Board of Appeals shall affirm a local government’s interpretation of its comprehensive plan and land use regulations, unless the board determines that the local government’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]
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