USA Statutes : oregon
Title : TITLE 19 MISCELLANEOUS MATTERS RELATED TO GOVERNMENT AND PUBLIC AFFAIRS
Chapter : Chapter 197 Comprehensive Land Use Planning Coordination
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](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 agency’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 district’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](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]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] (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] (1) The goals and
rules established in ORS chapters 195, 196 and 197 do not apply to
programs, rules, procedures, decisions, determinations or activities
carried out under the Oregon Forest Practices Act administered under ORS
527.610 to 527.770, 527.990 (1) and 527.992.

(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](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]
(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]NEEDED HOUSING IN URBAN GROWTH AREAS

(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](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](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](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 high growth school district, as defined in ORS 195.110.

(b) At the request of a high growth school district, the
metropolitan service district shall assist the high growth 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](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 district’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](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](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 government’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]

(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 government’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](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) Nothing in this section is intended to limit the authority of a
city, county or metropolitan service district to 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. [1999 c.848
§2](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
farmworker’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 farmworker’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 farmworkers’
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
farmworkers’ 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](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]ENFORCEMENT OF PLANNING REQUIREMENTS (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. [1989 c.761 §4; 1993 c.804 §9]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. [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](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. FUTURE APPLICATIONS FOR BUILDING
PERMITS OR ANY TIME EXTENSIONS MAY BE AFFECTED.

___________________________________________________________________________
___[1989 c.761 §5; 1995 c.778 §3] 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](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 commission’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 commission’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 commission’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
commission’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 commission’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](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](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]
The following provisions are added to and made a part of ORS chapter 197:

(1) If a public entity enacts or enforces a new land use regulation
or enforces a land use regulation enacted prior to December 2, 2004, that
restricts the use of private real property or any interest therein and
has the effect of reducing the fair market value of the property, or any
interest therein, then the owner of the property shall be paid just
compensation.

(2) Just compensation shall be equal to the reduction in the fair
market value of the affected property interest resulting from enactment
or enforcement of the land use regulation as of the date the owner makes
written demand for compensation under this section.

(3) Subsection (1) of this section shall not apply to land use
regulations:

(A) Restricting or prohibiting activities commonly and historically
recognized as public nuisances under common law. This subsection shall be
construed narrowly in favor of a finding of compensation under this
section;

(B) Restricting or prohibiting activities for the protection of
public health and safety, such as fire and building codes, health and
sanitation regulations, solid or hazardous waste regulations, and
pollution control regulations;

(C) To the extent the land use regulation is required to comply
with federal law;

(D) Restricting or prohibiting the use of a property for the
purpose of selling pornography or performing nude dancing. Nothing in
this subsection, however, is intended to affect or alter rights provided
by the Oregon or United States Constitutions; or

(E) Enacted prior to the date of acquisition of the property by the
owner or a family member of the owner who owned the subject property
prior to acquisition or inheritance by the owner, whichever occurred
first.

(4) Just compensation under subsection (1) of this section shall be
due the owner of the property if the land use regulation continues to be
enforced against the property 180 days after the owner of the property
makes written demand for compensation under this section to the public
entity enacting or enforcing the land use regulation.

(5) For claims arising from land use regulations enacted prior to
December 2, 2004, written demand for compensation under subsection (4)
shall be made within two years of December 2, 2004, or the date the
public entity applies the land use regulation as an approval criteria to
an application submitted by the owner of the property, whichever is
later. For claims arising from land use regulations enacted after
December 2, 2004, written demand for compensation under subsection (4)
shall be made within two years of the enactment of the land use
regulation, or the date the owner of the property submits a land use
application in which the land use regulation is an approval criteria,
whichever is later.

(6) If a land use regulation continues to apply to the subject
property more than 180 days after the present owner of the property has
made written demand for compensation under this section, the present
owner of the property, or any interest therein, shall have a cause of
action for compensation under this section in the circuit court in which
the real property is located, and the present owner of the real property
shall be entitled to reasonable attorney fees, expenses, costs, and other
disbursements reasonably incurred to collect the compensation.

(7) A metropolitan service district, city, or county, or state
agency may adopt or apply procedures for the processing of claims under
this section, but in no event shall these procedures act as a
prerequisite to the filing of a compensation claim under subsection (6)
of this section, nor shall the failure of an owner of property to file an
application for a land use permit with the local government serve as
grounds for dismissal, abatement, or delay of a compensation claim under
subsection (6) of this section.

(8) Notwithstanding any other state statute or the availability of
funds under subsection (10) of this section, in lieu of payment of just
compensation under this section, the governing body responsible for
enacting the land use regulation may modify, remove, or not to apply the
land use regulation or land use regulations to allow the owner to use the
property for a use permitted at the time the owner acquired the property.

(9) A decision by a governing body under this section shall not be
considered a land use decision as defined in ORS 197.015 (10).

(10) Claims made under this section shall be paid from funds, if
any, specifically allocated by the legislature, city, county, or
metropolitan service district for payment of claims under this section.
Notwithstanding the availability of funds under this subsection, a
metropolitan service district, city, county, or state agency shall have
discretion to use available funds to pay claims or to modify, remove, or
not apply a land use regulation or land use regulations pursuant to
subsection (6) of this section. If a claim has not been paid within two
years from the date on which it accrues, the owner shall be allowed to
use the property as permitted at the time the owner acquired the property.

(11) Definitions - for purposes of this section:

(A) “Family member” shall include the wife, husband, son, daughter,
mother, father, brother, brother-in-law, sister, sister-in-law,
son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle,
niece, nephew, stepparent, stepchild, grandparent, or grandchild of the
owner of the property, an estate of any of the foregoing family members,
or a legal entity owned by any one or combination of these family members
or the owner of the property.

(B) “Land use regulation” shall include:

(i) Any statute regulating the use of land or any interest therein;

(ii) Administrative rules and goals of the Land Conservation and
Development Commission;

(iii) Local government comprehensive plans, zoning ordinances, land
division ordinances, and transportation ordinances;

(iv) Metropolitan service district regional framework plans,
functional plans, planning goals and objectives; and

(v) Statutes and administrative rules regulating farming and forest
practices.

(C) “Owner” is the present owner of the property, or any interest
therein.

(D) “Public entity” shall include the state, a metropolitan service
district, a city, or a county.

(12) The remedy created by this section is in addition to any other
remedy under the Oregon or United States Constitutions, and is not
intended to modify or replace any other remedy.

(13) If any portion or portions of this section are declared
invalid by a court of competent jurisdiction, the remaining portions of
this section shall remain in full force and effect. [2005 c.1]EXPEDITED LAND DIVISIONS (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]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 government’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 government’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](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](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 government’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 referee’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] 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 FEDERAL LAND(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 Oregon. [1975 c.486 §2; 1981 c.748 §33](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]AREAS OF CRITICAL CONCERN(1)
The Land Conservation and Development Commission may recommend to the
Joint Legislative Committee on Land Use 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 committee for its review.

(4) No proposed designation under subsection (1) of this section
shall take effect unless it has first been submitted to the committee
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] (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 Oregon. [1973 c.80 §30; 1977 c.664 §29; 1981
c.748 §13] 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 SPEEDWAY DESTINATION As used in ORS
197.432 to 197.434:

(1) “Associated uses and facilities” means speedway-related and
accessory uses and facilities identified in the findings.

(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 Port of Morrow for comprehensive plan and
zoning amendments to allow the siting of a speedway and related
facilities at the Port of Morrow.

(3) “Major motor speedway” means a combination of race tracks
developed and used for premier, high speed automobile races, as
identified in section A (3) of the June 21, 2002, findings.

(4) “Speedway destination site” means a site containing a major
motor speedway and associated uses and facilities.

(5) “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]Note: 197.432 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. (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, the governing body of Morrow County or its designee may
authorize the ancillary development of transient lodging and associated
uses and facilities:

(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 members of 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 sizes and configurations of the
tracks specified in the findings.

(3) In addition to the associated uses and facilities authorized by
the findings and this section, if the site described in this section is
developed and used as a major motor speedway, the governing body of
Morrow County or its designee may authorize the ancillary development of
a golf course and theme park on the site:

(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 members of the general public.

(4) 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 authorized by this section through an
expedited local review and approval process in which the final approval
of the county is granted after only one evidentiary hearing. [2005 c.842
§2]Note: See note under 197.432. (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 197.432.SITING OF DESTINATION RESORTS 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 Oregon, as defined in ORS
321.805, 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 38 weeks per calendar year through a central
reservation system operated by the destination resort or by a real estate
property manager, as defined in ORS 696.010. Tent sites, recreational
vehicle parks, manufactured dwellings, dormitory rooms and similar
accommodations do not qualify as overnight lodgings for the purpose of
this definition.

(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] The Legislative Assembly finds that:

(1) It is the policy of this state to promote Oregon as a vacation
destination and to encourage tourism as a valuable segment of our state’s
economy;

(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 state’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]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 subparagraph (B) of 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 Oregon, as defined in ORS 321.805:

(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 subparagraph (B) of 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 Oregon, as defined in ORS 321.805, the
governing body of the county or its designee shall require the resort
developer to provide an annual accounting to document compliance with the
overnight lodging standards of this section. The annual accounting
requirement commences one year after the initial lot or unit sales. The
annual accounting must contain:

(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] 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](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] 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] 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] 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] (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 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] (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] (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, 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] (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] 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. (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 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 (20) 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] 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] (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 days’ 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]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](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] (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 days’ 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 days’ notice of the
time and date of the public hearing on the extension. [1980 c.2 §4; 1991
c.839 §4] (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]

POST-ACKNOWLEDGMENT PROCEDURES(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
days’ 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](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] (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 government’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](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]A metropolitan service district
that amends its urban growth boundary to include more than 100 acres, or
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 areas under ORS 195.145, 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](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]Note: Sections 7, 8, 9 and 10, chapter 793, Oregon Laws 2003,
provide:

Sec. 7. Limitations on new work programs and work tasks.
Notwithstanding ORS 197.628 to 197.650:

(1) Prior to July 1, 2005, neither the Land Conservation and
Development Commission nor the Department of Land Conservation and
Development may establish or require a new work program or a work task
that adds new requirements to an existing work program unless a local
government submits a written request that the commission establish or
require the new work program or the work task and the commission agrees.

(2) Between July 1, 2005, and June 30, 2007, neither the commission
nor the department may establish or require a new work program or a work
task that adds new requirements to an existing work program unless:

(a) A local government submits a written request that the
commission establish or require the new work program or the work task and
the commission agrees; or

(b) The commission requires the new work program or the work task
and pays the costs to perform the new work program or the work task.
[2003 c.793 §7]

Sec. 8. Conditions and time frame for reviewing existing work
programs or work tasks. (1) For a work program or a work task submitted
for review prior to July 1, 2003, the Director of the Department of Land
Conservation and Development shall take action under ORS 197.633 (3)(a)
not later than December 31, 2003. If the director does not take action
under ORS 197.633 (3)(a) by December 31, 2003:

(a) The work program or work task is deemed approved and the
Department of Land Conservation and Development shall provide a letter to
the local government certifying that the work program or work task is
approved unless an interested party has filed a timely objection to the
work program or work task consistent with administrative rules for
conducting periodic review; or

(b) The director shall refer the work program or work task to the
Land Conservation and Development Commission in the manner provided in
ORS 197.633 (3) if an interested party has filed a timely valid objection
to the work program or work task consistent with administrative rules for
conducting periodic review.

(2) For a work program or a work task submitted for review on or
after July 1, 2003, but prior to January 1, 2004, the director shall take
action under ORS 197.633 (3)(a) not later than 120 days after the local
government submits the work program or work task for review. If the
director does not take action under ORS 197.633 (3)(a) within 120 days
after the local government submits the work program or work task for
review:

(a) The work program or work task is deemed approved and the
department shall provide a letter to the local government certifying that
the work program or work task is approved unless an interested party has
filed a timely objection to the work program or work task consistent with
administrative rules for conducting periodic review; or

(b) The director shall refer the work program or work task to the
commission in the manner provided in ORS 197.633 (3) if an interested
party has filed a timely objection to the work program or work task
consistent with administrative rules for conducting periodic review.
[2003 c.793 §8]

Sec. 9. Submission and review of work tasks for existing work
programs. (1) Notwithstanding ORS 197.628 to 197.650, if a work task that
is included in a work program established prior to the effective date of
this 2003 Act [September 22, 2003] is not submitted prior to the
effective date of this 2003 Act, a local government is not required to
submit the work task for review unless:

(a) The local government is a city with a population of more than
10,000, a county or a metropolitan service district and the work task is
related to economic development, housing, public facilities and services,
transportation or urbanization;

(b) The work task is related to a statewide land use planning goal
protecting coastal management and is required by federal law or a
contract with a federal agency;

(c) The Land Conservation and Development Commission determines, on
or before July 1, 2004, that a significant statewide or regional need
requires that the work task be performed and the Department of Land
Conservation and Development pays the costs to perform the work task;

(d) An interested party petitions the commission, on or before
January 1, 2004, to require the completion of a work program or a work
task that was scheduled for completion on or before January 1, 2004, and
the commission, after providing notice and the opportunity for the
affected local government to respond, agrees to the requirement; or

(e) The work program or work task is established or required under
section 7 of this 2003 Act.

(2) Except as provided in subsections (3) and (4) of this section,
if a local government chooses to perform a work task that is not required
by subsection (1) of this section, the local government shall perform the
work task as an amendment to an acknowledged comprehensive plan or land
use regulation or adoption of a new land use regulation consistent with
ORS 197.615, 197.620 and 197.625.

(3) Prior to July 1, 2004, a local government may choose to perform
and submit an existing work task for review as part of the periodic
review process.

(4) A local government may request, based on the complexity of a
work task, that the commission authorize the local government to complete
an existing nonmandatory work task as part of the periodic review process
on or after July 1, 2004. The commission shall act on the request within
90 days after receiving the request.

(5) If a local government chooses to discontinue work on an
existing nonmandatory work task, the local government may submit a letter
stating its decision to the department. If a local government submits the
letter described in this subsection, the department shall remove the work
task from the work program unless the commission has taken action under
subsection (1)(c) of this section.

(6) The Director of the Department of Land Conservation and
Development shall take action under ORS 197.633 (3)(a) on a work task
described in subsection (1), (3) or (4) of this section not later than
120 days after the local government submits the work task for review
unless:

(a) The local government waives the 120-day deadline; or

(b) The commission grants the director an extension.

(7) If the director does not take action under ORS 197.633 (3)(a)
within the time period required by subsection (6) of this section:

(a) The work task is deemed approved and 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; or

(b) The director shall refer the work task to the commission in the
manner provided in ORS 197.633 (3) if an interested party has filed a
timely objection to the work task consistent with administrative rules
for conducting periodic review. [2003 c.793 §9]

Sec. 10. Report to legislature regarding work programs and work
tasks submitted or reviewed. (1) The Land Conservation and Development
Commission shall submit a report to the Seventy-third and the
Seventy-fourth Legislative Assemblies detailing the number of work
programs and work tasks that:

(a) Are outstanding;

(b) Have been submitted to the Department of Land Conservation and
Development for review; and

(c) Have been approved by the department or the commission.

(2) The commission shall establish an interim committee composed of
at least nine but not more than 13 members and charged with evaluating
the periodic review program under ORS 197.628 to 197.650 to determine:

(a) How effectively the program accomplishes the legislatively
declared policy for the program;

(b) How cost-effective the program is; and

(c) How efficiently the program balances program requirements with
available state and local resources.

(3) The members of the committee established under subsection (2)
of this section must include representatives of the following interest
groups:

(a) The League of Oregon Cities;

(b) The Association of Oregon Counties;

(c) The Special Districts Association of Oregon;

(d) Metropolitan service districts;

(e) The office of the Governor;

(f) The commission;

(g) Land use planning public interest groups; and

(h) Developer interest groups.

(4) The committee established under subsection (2) of this section
shall prepare a report for the Seventy-third Legislative Assembly
containing:

(a) An evaluation of the periodic review program; and

(b) Recommendations for improving the program to better accomplish
the goals of the program in a more cost-effective and efficient manner.
[2003 c.793 §10] (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 less than 2,500 within its urban
growth boundary shall not be required to conduct periodic review unless
the city lies close enough to another city that has a population of
25,000 or more within its urban growth boundary that the smaller city is
significantly affected by needed housing, employment, transportation or
public facility and services decisions made by the larger city;

(b) Except as provided in subsection (2) of this section, a county
with a population of less than 15,000 shall not be required to conduct
periodic review;

(c) A county with a population of 15,000 or more but less than
50,000, or a city with a population of 2,500 or more but less than 25,000
inside its urban growth boundary, shall conduct periodic review every 5
to 15 years after completion of the previous periodic review; and

(d) A county with a population of 50,000 or more, or a metropolitan
service district or a city with a population of 25,000 or more inside its
urban growth boundary, shall conduct periodic review every 5 to 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) 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.

(5) A city or county that is exempt from periodic review under
subsection (1)(a) or (b) of this section may request periodic review by
the commission. [1999 c.622 §10; 2001 c.527 §3]Note: The amendments to 197.629 by section 2, chapter 829, Oregon
Laws 2005, become operative July 1, 2007. See section 13, chapter 829,
Oregon Laws 2005. The text that is operative on and after July 1, 2007,
is set forth for the user’s convenience.

197.629. (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).Note: See note under 197.628.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]Note: See note under 197.628.(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]Note: See note under 197.628.(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]Note: See note under 197.628.(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]Note: See note under 197.628.(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]Note: See note under 197.628.(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 or an alternative process for coordinating agency
participation in the periodic review of comprehensive plans.

(2) The department may develop model ordinance provisions to assist
local governments in the periodic review plan update process.

(3) 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.

(4) The Land Conservation and Development 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]Note: The amendments to 197.639 by section 6, chapter 829, Oregon
Laws 2005, become operative July 1, 2007. See section 13, chapter 829,
Oregon Laws 2005. The text that is operative on and after July 1, 2007,
is set forth for the user’s convenience.

197.639. (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.Note: See note under 197.628.(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 government’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]Note: See note under 197.628.(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, 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, 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, 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 government’s land use decisions. The failure to
adopt amendments to a comprehensive plan, 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]Note: See note under 197.628. 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]Note: See note under 197.628.(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]Note: See note under 197.628.COLLABORATIVE REGIONAL PROBLEM SOLVING 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] (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](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 region’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
region’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] 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 RESIDENCESAs 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] The Legislative Assembly finds and
declares that:

(1) It is the policy of this state that disabled persons 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 disabled persons
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] (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](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](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 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 Oregon’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] 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] (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]ECONOMIC DEVELOPMENT 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](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
community’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 state’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](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 Willamette Valley as
defined in ORS 215.010.

(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: Section 2, chapter 666, Oregon Laws 2005, provides:

Sec. 2. (1) The Land Conservation and Development Commission shall
conform a statewide land use planning goal relating to urbanization to
the requirements of section 1, chapter 688, Oregon Laws 2003 [197.713],
within six months after the effective date of this 2005 Act [July 29,
2005].

(2) Notwithstanding ORS 197.235 (1)(a), the commission may amend
the goals and guidelines to make the specific change required by this
section after only one public hearing, at a location determined by the
commission, because the proposed amendment is necessary to conform an
inconsistent goal or guideline to the requirements of section 1, chapter
688, Oregon Laws 2003 [197.713]. [2005 c.666 §2]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.(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 city’s
objection. [2003 c.688 §2]Note: See second note under 197.713.(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](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 county’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 county’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]GOAL EXCEPTIONS (1) 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 which 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.

(2) “Compatible,” as used in subsection (1)(c) of this section, is
not intended as an absolute term meaning no interference or adverse
impacts of any type with adjacent uses.

(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 (1)(c)(A) of this section;
and

(c) Which uses allowed by the applicable goal must be found
impracticable under subsection (1) of this section.

(4) A local government approving or denying a proposed exception
shall set forth findings of fact and a statement of reasons which
demonstrate that the standards of subsection (1) 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 board 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 government’s findings and reasons demonstrate that the
standards of subsection (1) of this section have or have not been met; and

(c) The board or commission shall adopt a clear statement of
reasons which sets forth the basis for the determination that the
standards of subsection (1) 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) As used in this section, “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 (1) of this section.

(9) 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 be subject to this section. [1983 c.827 §19a; 1995 c.521
§3; 2005 c.67 §1]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]MISCELLANEOUSFor 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] (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](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 city’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]
(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 owner’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]
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]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 applicant’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](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](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](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] (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] (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 owner’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](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](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 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](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]
(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](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](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 director’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 (11)(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] (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]
(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](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 government’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 government’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 respondent’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 respondent’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 Marion County or the circuit court of the
county where the application was filed for a writ of mandamus to compel
the board to issue a final order.

(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] 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] 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] (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 government’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] (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 board’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 member’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](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](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 court’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] (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 court’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] 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]

_______________

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] The Legislative Assembly declares that:

(1) In order to assure the highest possible level of liveability in
Oregon, it is necessary to provide for properly prepared and coordinated
comprehensive plans for cities and counties, regional areas and the state
as a whole. These comprehensive plans:

(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]
Implementation and enforcement of acknowledged comprehensive plans and
land use regulations are matters of statewide concern. [1981 c.884 §7] 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) “Committee” means the Joint Legislative Committee on Land Use.

(6) “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 Oregon have been
considered and accommodated as much as possible. “Land” includes water,
both surface and subsurface, and the air.

(7) “Department” means the Department of Land Conservation and
Development.

(8) “Director” means the Director of the Department of Land
Conservation and Development.

(9) “Goals” means the mandatory statewide planning standards
adopted by the commission pursuant to ORS chapters 195, 196 and 197.

(10) “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.

(11) “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;
or

(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;

(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.

(12) “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.

(13) “Limited land use decision” is 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.

(14) “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.

(15) “Metro” means a metropolitan service district organized under
ORS chapter 268.

(16) “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.

(17) “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.

(18) “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.

(19) “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.

(20) “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.

(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]Note: Section 3, chapter 239, Oregon Laws 2005, provides:

Sec. 3. The amendments to ORS 92.100 and 197.015 by sections 1 and
2 of this 2005 Act apply to plats submitted after the effective date of
this 2005 Act [June 16, 2005]. [2005 c.239 §3]Note: The amendments to 197.015 by section 8, chapter 829, Oregon
Laws 2005, become operative July 1, 2007. See section 13, chapter 829,
Oregon Laws 2005. The text that is operative on and after July 1, 2007,
is set forth for the user’s convenience.

197.015. 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) “Committee” means the Joint Legislative Committee on Land Use.

(6) “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 Oregon have been
considered and accommodated as much as possible. “Land” includes water,
both surface and subsurface, and the air.

(7) “Department” means the Department of Land Conservation and
Development.

(8) “Director” means the Director of the Department of Land
Conservation and Development.

(9) “Goals” means the mandatory statewide planning standards
adopted by the commission pursuant to ORS chapters 195, 196 and 197.

(10) “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.

(11) “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;
or

(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;

(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.

(12) “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.

(13) “Limited land use decision” is 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.

(14) “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.

(15) “Metro” means a metropolitan service district organized under
ORS chapter 268.

(16) “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.

(17) “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.

(18) “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.

(19) “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.

(20) “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.

(21) “Urban unincorporated community” means an area designated in a
county’s acknowledged comprehensive plan as an urban unincorporated
community after December 5, 1994.

(22) “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.

(23) “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. 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] 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(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 Washington
Counties;

(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 Jackson and Josephine Counties and that
portion of Douglas County lying east of the summit of the Coast Range;

(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, Polk, Washington and Yamhill Counties and that portion of Lane
County lying east of the summit of the Coast Range.

(3) At least one member shall be or have been an elected city
official in Oregon and at least one member shall be an elected county
official at the time of appointment.

(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] (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] (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 director’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 United States,
this state and its political subdivisions, any other state, any
interstate agency, any person or groups of persons with respect to land
conservation and development.

(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] 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.(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]
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]
(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 Joint Legislative Committee on Land Use
for its review and comment 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](1) Prior to each legislative session, the Land
Conservation and Development Commission shall submit to the Joint
Legislative Committee on Land Use 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 Joint Legislative Committee on
Land Use 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]
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 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] The Department of Land
Conservation and Development shall report monthly to the Joint
Legislative Committee on Land Use in order to keep the committee informed
on progress made by the department, Land Conservation and Development
Commission, local governments and other agencies in carrying out ORS
chapters 195, 196 and 197. [1973 c.80 §55; 1977 c.664 §10; 1981 c.748
§21c] (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](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 United States with respect to land conservation and
development within this state.

(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 director’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 director’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] (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 or the Joint Legislative Committee
on Land Use shall be deposited in the Land Conservation and Development
Account. [1973 c.80 §15; 1977 c.664 §11; 1981 c.748 §21e]JOINT LEGISLATIVE COMMITTEE ON LAND USEThe Joint Legislative Committee on Land Use is established as
a joint committee of the Legislative Assembly. The committee shall select
an executive secretary who shall serve at the pleasure of the committee
and under its direction. [1973 c.80 §22](1) The Joint Legislative Committee on Land Use
shall consist of four members of the House of Representatives appointed
by the Speaker and three members of the Senate appointed by the
President. No more than three House members of the committee shall be of
the same political party. No more than two Senate members of the
committee shall be of the same political party. If the Speaker of the
House of Representatives or the President of the Senate is a member,
either may designate from time to time an alternate from among the
members of the appropriate house to exercise powers as a member of the
committee except that the alternate shall not preside if the Speaker or
President is chairperson.

(2) The committee shall have a continuing existence and may meet,
act and conduct its business during sessions of the Legislative Assembly
or any recess thereof, and in the interim period between sessions.

(3) The term of a member shall expire upon the convening of the
Legislative Assembly in regular session next following the commencement
of the member’s term. When a vacancy occurs in the membership of the
committee in the interim between sessions, until such vacancy is filled,
the membership of the committee shall be deemed not to include the vacant
position for the purpose of determining whether a quorum is present and a
quorum is the majority of the remaining members.

(4) The committee shall select a chairperson. The chairperson may,
in addition to other authorized duties, approve voucher claims.

(5) Action of the committee shall be taken only upon the
affirmative vote of the majority of the members of the committee. [1973
c.80 §23; 1975 c.530 §6; 1977 c.891 §8; 1981 c.748 §23; 1987 c.158 §33] The Joint Legislative Committee on
Land Use shall:

(1) Advise the Department of Land Conservation and Development on
all matters under the jurisdiction of the department;

(2) Review and make recommendations to the Legislative Assembly on
proposals for designation of areas of critical state concern;

(3) Review and make recommendations to the Legislative Assembly on
goals and guidelines approved by the Land Conservation and Development
Commission;

(4) Study and make recommendations to the Legislative Assembly on
the political, economic and other effects of the state land use planning
program on local government, public and private landowners and the
citizens of Oregon;

(5) Study and make recommendations to the Legislative Assembly on
improvements to the land use appeals process;

(6) Make recommendations to the Legislative Assembly on any other
matter relating to land use planning in Oregon; and

(7) Study the availability and adequacy of industrially designated
or zoned lands within urban and urbanizable areas. [1973 c.80 §24; 1981
c.748 §24]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] 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(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 new city.
Notwithstanding the provisions of section 15, chapter 827, Oregon Laws
1983, the rules shall take effect upon adoption by the commission. The
applicability of rules promulgated under this section to the
incorporation of cities prior to August 9, 1983, shall be determined
under the laws of this state.

(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]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](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 Joint Ways and Means
Committee that considers the agency budget, any agency that has failed to
meet the requirements of subsection (6) of this section.

(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 Joint Ways and Means Committee that considers the agency budget.

(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](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](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] (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](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 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](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](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 Joint
Legislative Committee on Land Use for review.

(3) The commission shall consider the comments of the Local
Officials Advisory Committee, the State Citizen Involvement Advisory
Committee and the Joint Legislative Committee on Land Use 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 scrivener’s error. [1973 c.80 §36; 1981 c.748
§28; 2005 c.147 §1]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
Joint Legislative Committee on Land Use, 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]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] 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](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 director’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 director’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]