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State
Oregon
ORS 197.005 et seq COMPREHENSIVE LAND USE PLANNING COORDINATION


COMPREHENSIVE LAND USE PLANNING COORDINATION (http://www.leg.state.or.us/ors/197.html Accessed 2/14/2006)

MISCELLANEOUS MATTERS



GENERAL PROVISIONS



197.005 Legislative findings



197.010 Policy



197.013 Implementation and enforcement are of statewide concern



197.015 Definitions for ORS chapters 195, 196 and 197



197.020 Land use decision considerations

197.022 Policy regarding ORS 215.433 and 227.184



LAND CONSERVATION AND DEVELOPMENT COMMISSION



197.030 Land Conservation and Development Commission; members, appointment, confirmation, term, vacancies



197.035 Officers; quorum; compensation and expenses



197.040 Duties of commission; rules



197.045 Powers of commission



197.047 Notice to local governments and property owners of changes to commission rules or certain statutes; form; distribution of notice; costs



197.050 Interstate agreements and compacts; commission powers



197.060 Biennial report; draft submission to committee; contents



197.065 Biennial report analyzing uses of certain land; annual local government reports



197.070 Public inspection of assessments prepared by commission



DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT



197.075 Department of Land Conservation and Development



197.080 Department monthly report required



197.085 Director; appointment; compensation and expenses



197.090 Duties and authority of director; appealing local land use decision; rules



197.095 Land Conservation and Development Account



JOINT LEGISLATIVE COMMITTEE ON LAND USE



197.125 Joint Legislative Committee on Land Use; executive secretary



197.130 Members; appointment; term; vacancies; majority vote required in actions



197.135 Duties of committee



ADVISORY COMMITTEES



197.160 State Citizen Involvement Advisory Committee; city and county citizen advisory committees



197.165 Local Officials Advisory Committee





COMPREHENSIVE PLANNING RESPONSIBILITIES



197.175 Cities’ and counties’ planning responsibilities; rules on incorporations; compliance with goals



197.178 Development applications; urban residential density; reporting to Department of Land Conservation and Development



197.180 State agency planning responsibilities; certain information to be submitted to department; determination of compliance with goals and plans; rules; exceptions



197.183 Local government to notify Department of Aviation of applications received for certain water impoundments



197.186 Removal from buildable lands inventory of land subject to open space tax assessment; reapplication for assessment



197.195 Limited land use decision; procedures



197.200 Refinement plan; procedures for land division, site or design review within area subject to plan



GOALS COMPLIANCE



197.225 Preparation; adoption



197.230 Considerations; finding of need required for adoption or amendment of goal



197.235 Public hearings; notice; citizen involvement implementation; submission of proposals



197.240 Commission action; public hearing; notice; amendment; adoption



197.245 Commission amendment of initial goals; adoption of new goals



197.250 Compliance with goals required



197.251 Compliance acknowledgment; commission review; rules; limited acknowledgment; compliance schedule



197.253 Participation in local proceedings required for submitting comments and objections



197.254 Bar to contesting acknowledgment, appealing or seeking amendment



197.265 State compensation for costs of defending compliance actions



197.270 Copies of comprehensive plan and land use regulations; post review



197.274 Review of Metro regional framework plan



197.277 Oregon Forest Practices Act; exclusion



197.279 Approved wetland conservation plans comply with goals; exception; rules



197.283 Commission to assure protection of ground water resources



NEEDED HOUSING IN URBAN GROWTH AREAS



197.295 Definitions for ORS 197.295 to 197.314 and 197.475 to 197.490



197.296 Factors to establish sufficiency of buildable lands within urban growth boundary; analysis and determination of residential housing patterns



197.298 Priority of land to be included within urban growth boundary



197.299 Metropolitan service district analysis of buildable land supply; schedule for accommodating needed housing; extension of schedule



197.301 Metropolitan service district report of performance measures



197.302 Metropolitan service district determination of buildable land supply; corrective action; enforcement



197.303 “Needed housing” defined



197.307 Effect of need for certain housing in urban growth areas; approval standards for certain residential development; placement standards for approval of manufactured dwellings



197.309 Local ordinances or approval conditions may not effectively establish housing sale price or designate class of purchasers; exception



197.312 Limitation on city and county authority to prohibit certain kinds of housing, including farmworker housing; real estate sales office



197.313 Interpretation of ORS 197.312



197.314 Required siting of manufactured homes; minimum lot size; approval standards



ENFORCEMENT OF PLANNING REQUIREMENTS



197.319 Procedures prior to request of an enforcement order



197.320 Power of commission to order compliance with goals and plans



197.324 Proceedings prior to order of compliance with goals; disclosure notice



197.328 Procedures to consider order to comply with goals



197.335 Order for compliance with goals; review of order; withholding grant funds; injunctions



197.340 Weight given to goals in planning practice; regional diversity and needs



197.350 Burden of persuasion or proof in appeal to board or commission



EXPEDITED LAND DIVISIONS



197.360 “Expedited land division” defined; applicability



197.365 Application for expedited land division; notice requirements; procedure



197.370 Failure of local government to approve or deny application within specified time



197.375 Appeal of decision on application for expedited land division; notice requirements; standards for review; procedure; costs



197.380 Application fees for expedited land division



ACTIVITIES ON FEDERAL LAND



197.390 Activities on federal land; list; permit required; enjoining violations



197.395 Application for permit; review and issuance; conditions; restrictions; review



AREAS OF CRITICAL CONCERN



197.405 Designation of areas of critical state concern; commission recommendation; committee review; approval by Legislative Assembly



197.410 Use and activities regulated; enjoining violations



197.430 Enforcement powers



SITING OF DESTINATION RESORTS



197.435 Definitions for ORS 197.435 to 197.467



197.440 Legislative findings



197.445 Destination resort criteria; phase-in requirements; annual accounting



197.450 Siting without taking goal exception



197.455 Siting of destination resorts; sites from which destination resort excluded



197.460 Compatibility with adjacent land uses; county measures



197.462 Use of land excluded from destination resort



197.465 Comprehensive plan implementing measures



197.467 Conservation easement to protect resource site



SITING OF MOBILE HOME AND MANUFACTURED DWELLING PARKS



197.475 Policy



197.480 Planning for parks; procedures; inventory



197.485 Prohibition on restrictions of manufactured dwelling



197.490 Restriction on establishment of park



MORATORIUM ON CONSTRUCTION OR LAND DEVELOPMENT



197.505 Definitions for ORS 197.505 to 197.540



197.510 Legislative findings



197.520 Manner of declaring moratorium



197.522 Local government to approve subdivision, partition or construction; conditions



197.524 Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits



197.530 Correction program; procedures



197.540 Review by Land Use Board of Appeals



POST-ACKNOWLEDGMENT PROCEDURES



197.610 Local government notice of proposed amendment or new regulation; exceptions; report to commission



197.615 Local government notice of adopted amendment or new regulation; content; notice by director



197.620 Who may appeal



197.625 When amendment or new regulation considered acknowledged; application prior to acknowledgment



197.626 Expanding urban growth boundary and designating urban reserve area subject to periodic review



197.628 Periodic review; policy; conditions that indicate need for periodic review



(Temporary provisions relating to periodic review are compiled as notes following ORS 197.628)



197.629 Schedule for periodic review; coordination



197.631 Commission to amend regulations to facilitate periodic review; report to Legislative Assembly



197.633 Two phases of periodic review; rules; appeal of decision on work program; schedule for completion; extension of time on appeal



197.636 Procedures and actions for failure to meet periodic review deadlines



197.637 Department of Land Conservation and Development may request review by Housing and Community Services Department of certain local housing measures



197.638 Department of Land Conservation and Development may request review by Economic and Community Development Department of local inventory and analysis of industrial and commercial land



197.639 State assistance teams; alternative coordination process; grant and technical assistance funding; advisory committee



197.644 Modification of work program; commission jurisdiction and rules



197.646 Implementation of new or amended goals, rules or statutes



197.649 Fees for notice; establishment by rules



197.650 Appeal to Court of Appeals; standing; petition content and service



COLLABORATIVE REGIONAL PROBLEM SOLVING



197.652 Establishing regional problem-solving programs



197.654 Regional problem solving; coordination



197.656 Commission acknowledgement of comprehensive plans not in compliance with goals; participation by state agencies; commission review of implementing regulations and plan amendments; use of resource lands



197.658 Modifying local work plan



SPECIAL RESIDENCES



197.660 Definitions



197.663 Legislative findings



197.665 Locations of residential homes



197.667 Location of residential facility; application and supporting documentation



197.670 Zoning requirements and prohibitions for residential homes and residential facilities



FARMWORKER HOUSING



197.677 Policy



197.680 Legislative findings



197.685 Location of farmworker housing; approval standards



ECONOMIC DEVELOPMENT



197.707 Legislative intent



197.712 Commission duties; comprehensive plan provisions; public facility plans; state agency coordination plans; compliance deadline; rules



(Temporary provisions relating to exception to certain goals are compiled as notes following ORS 197.712)



197.717 Technical assistance by state agencies; information from Economic and Community Development Department; model ordinances; rural economic development



197.719 Industrial use of abandoned or diminished mill sites; amendment of comprehensive plans and land use regulations; sewer facilities



GOAL EXCEPTIONS



197.732 Goal exceptions; criteria; rules; review



197.736 Commission implementation of ORS 197.340 and 197.732



MISCELLANEOUS



197.747 Meaning of “compliance with the goals” for certain purposes



197.752 Lands available for urban development



197.754 Land identified for urban services; capital improvement plan; tax assessment



197.756 Farm use assessment in area identified for urban services



197.757 Acknowledgment deadline for newly incorporated cities



197.763 Conduct of local quasi-judicial land use hearings; notice requirements; hearing procedures



197.764 Application to remove property from within urban growth boundary; conditions



197.766 Laws applicable to certain local decisions regarding urban growth boundary



197.768 Local government or special district adoption of public facilities strategy; public hearing; written findings



197.770 Firearms training facilities



197.772 Consent for designation as historic property



197.794 Notice to railroad company upon certain applications for land use decision, limited land use decision or expedited land use decision



197.796 Applicant for certain land use decisions may accept and appeal condition imposed on application; procedure; attorney fees



Note Judicial determination whether right to use is vested--2001 c.955 §1



LAND USE BOARD OF APPEALS



197.805 Policy on review of land use decisions



197.810 Land Use Board of Appeals; appointment and removal of members; qualifications



197.815 Office location; proceedings may be conducted by telephone



197.820 Duty to conduct review proceedings; authority to issue orders; rules



197.825 Jurisdiction of board; limitations; effect on circuit court jurisdiction



197.828 Board review of limited land use decision



197.829 Board to affirm certain local government interpretations



197.830 Review procedures; standing; deadlines; issues subject to review; attorney fees and costs; publication of orders; mediation



197.831 Clear and objective approval standards; burden of proof



197.832 Board Publications Account



197.835 Scope of review



197.840 Exceptions to deadline for final decision



197.845 Stay of decision being reviewed; criteria; undertaking; conditions; limitations



197.850 Judicial review of board order; procedures; scope of review; attorney fees; undertaking



197.855 Deadline for final court order; exceptions



197.860 Stay of proceedings to allow mediation



GENERAL PROVISIONS



197.005 Legislative findings. The Legislative Assembly finds that:

(1) Uncoordinated use of lands within this state threaten the orderly development, the environment of this state and the health, safety, order, convenience, prosperity and welfare of the people of this state.

(2) To promote coordinated administration of land uses consistent with comprehensive plans adopted throughout the state, it is necessary to establish a process for the review of state agency, city, county and special district land conservation and development plans for compliance with goals.

(3) Except as otherwise provided in subsection (4) of this section, cities and counties should remain as the agencies to consider, promote and manage the local aspects of land conservation and development for the best interests of the people within their jurisdictions.

(4) The promotion of coordinated statewide land conservation and development requires the creation of a statewide planning agency to prescribe planning goals and objectives to be applied by state agencies, cities, counties and special districts throughout the state.

(5) City and county governments are responsible for the development of local comprehensive plans. The purpose of ORS 195.065, 195.070 and 195.075 is to enhance coordination among cities, counties and special districts to assure effectiveness and efficiency in the delivery of urban services required under those local comprehensive plans. [1973 c.80 §1; 1977 c.664 §1; 1981 c.748 §21; 1993 c.804 §2a; 1999 c.348 §1]



197.010 Policy. The Legislative Assembly declares that:

(1) In order to assure the highest possible level of 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]



197.013 Implementation and enforcement are of statewide concern. Implementation and enforcement of acknowledged comprehensive plans and land use regulations are matters of statewide concern. [1981 c.884 §7]



197.015 Definitions for ORS chapters 195, 196 and 197. As used in ORS chapters 195, 196 and 197, unless the context requires otherwise:

(1) “Acknowledgment” means a commission order that certifies that a comprehensive plan and land use regulations, land use regulation or plan or regulation amendment complies with the goals or certifies that Metro land use planning goals and objectives, Metro regional framework plan, amendments to Metro planning goals and objectives or amendments to the Metro regional framework plan comply with the statewide planning goals.

(2) “Board” means the Land Use Board of Appeals.

(3) “Commission” means the Land Conservation and Development Commission.

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

(5) “Comprehensive plan” means a generalized, coordinated land use map and policy statement of the governing body of a local government that interrelates all functional and natural systems and activities relating to the use of lands, including but not limited to sewer and water systems, transportation systems, educational facilities, recreational facilities, and natural resources and air and water quality management programs. “Comprehensive” means all-inclusive, both in terms of the geographic area covered and functional and natural activities and systems occurring in the area covered by the plan. “General nature” means a summary of policies and proposals in broad categories and does not necessarily indicate specific locations of any area, activity or use. A plan is “coordinated” when the needs of all levels of governments, semipublic and private agencies and the citizens of Oregon have been considered and accommodated as much as possible. “Land” includes water, both surface and subsurface, and the air.

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

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

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

(9) “Guidelines” means suggested approaches designed to aid cities and counties in preparation, adoption and implementation of comprehensive plans in compliance with goals and to aid state agencies and special districts in the preparation, adoption and implementation of plans, programs and regulations in compliance with goals. Guidelines shall be advisory and shall not limit state agencies, cities, counties and special districts to a single approach.

(10) “Land use decision”:

(a) Includes:

(A) A final decision or determination made by a local government or special district that concerns the adoption, amendment or application of:

(i) The goals;

(ii) A comprehensive plan provision;

(iii) A land use regulation; or

(iv) A new land use regulation;

(B) A final decision or determination of a state agency other than the commission with respect to which the agency is required to apply the goals; or

(C) A decision of a county planning commission made under ORS 433.763;

(b) Does not include a decision of a local government:

(A) Which is made under land use standards which do not require interpretation or the exercise of policy or legal judgment;

(B) Which approves or denies a building permit issued under clear and objective land use standards;

(C) Which is a limited land use decision;

(D) Which determines final engineering design, construction, operation, maintenance, repair or preservation of a transportation facility which is otherwise authorized by and consistent with the comprehensive plan and land use regulations; or

(E) Which is an expedited land division as described in ORS 197.360;

(c) Does not include a decision by a school district to close a school;

(d) Does not include authorization of an outdoor mass gathering as defined in ORS 433.735, or other gathering of fewer than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period; and

(e) Does not include:

(A) A writ of mandamus issued by a circuit court in accordance with ORS 215.429 or 227.179; or

(B) Any local decision or action taken on an application subject to ORS 215.427 or 227.178 after a petition for a writ of mandamus has been filed under ORS 215.429 or 227.179.

(11) “Land use regulation” means any local government zoning ordinance, land division ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for implementing a comprehensive plan.

(12) “Limited land use decision” is a final decision or determination made by a local government pertaining to a site within an urban growth boundary which concerns:

(a) The approval or denial of a subdivision or partition, as described in ORS chapter 92.

(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.

(13) “Local government” means any city, county or metropolitan service district formed under ORS chapter 268 or an association of local governments performing land use planning functions under ORS 195.025.

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

(15) “Metro planning goals and objectives” means the land use goals and objectives that a metropolitan service district may adopt under ORS 268.380 (1)(a). The goals and objectives do not constitute a comprehensive plan.

(16) “Metro regional framework plan” means the regional framework plan required by the 1992 Metro Charter or its separate components. Neither the regional framework plan nor its individual components constitute a comprehensive plan.

(17) “New land use regulation” means a land use regulation other than an amendment to an acknowledged land use regulation adopted by a local government that already has a comprehensive plan and land regulations acknowledged under ORS 197.251.

(18) “Person” means any individual, partnership, corporation, association, governmental subdivision or agency or public or private organization of any kind. The Land Conservation and Development Commission or its designee is considered a person for purposes of appeal under ORS chapters 195 and 197.

(19) “Special district” means any unit of local government, other than a city, county, metropolitan service district formed under ORS chapter 268 or an association of local governments performing land use planning functions under ORS 195.025 authorized and regulated by statute and includes but is not limited to: Water control districts, domestic water associations and water cooperatives, irrigation districts, port districts, regional air quality control authorities, fire districts, school districts, hospital districts, mass transit districts and sanitary districts.

(20) “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.

(21) “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]



197.020 Land use decision considerations. Age, gender or physical disability shall not be an adverse consideration in making a land use decision as defined in ORS 197.015 (10). [1987 c.555 §5]



197.022 Policy regarding ORS 215.433 and 227.184. The Legislative Assembly declares that it is in the interest of the citizens of this state that a process be established to allow the efficient resolution of all legal issues surrounding the permissible use of private land, including questions regarding the dismissal of appeals under the legal doctrine known as ripeness. It is in this interest that the Legislative Assembly enacts ORS 215.433 and 227.184. [1999 c.648 §5]



Note: 197.022 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.



LAND CONSERVATION AND DEVELOPMENT COMMISSION



197.030 Land Conservation and Development Commission; members, appointment, confirmation, term, vacancies. (1) There is established a Land Conservation and Development Commission consisting of seven members appointed by the Governor, subject to confirmation by the Senate pursuant to section 4, Article III, Oregon Constitution.

(2) The Governor shall appoint to the commission:

(a) One member representing Clatsop, Columbia, Coos, Curry, Lincoln and Tillamook Counties and those portions of Douglas and Lane Counties lying west of the summit of the Coast Range;

(b) Two members representing Clackamas, Multnomah and 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]



197.035 Officers; quorum; compensation and expenses. (1) The Land Conservation and Development Commission shall select one of its members as chairperson and another member as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the commission determines. The vice chairperson of the commission shall act as the chairperson of the commission in the absence of the chairperson.

(2) A majority of the members of the commission constitutes a quorum for the transaction of business.

(3) Members of the commission are entitled to compensation and expenses as provided in ORS 292.495. [1973 c.80 §§7,8]



197.040 Duties of commission; rules. (1) The Land Conservation and Development Commission shall:

(a) Direct the performance by the Director of the Department of Land Conservation and Development and the 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]



197.045 Powers of commission. The Land Conservation and Development Commission may:

(1) Apply for and receive moneys from the federal government and from this state or any of its agencies or departments.

(2) Contract with any public agency for the performance of services or the exchange of employees or services by one to the other necessary in carrying out ORS chapters 195, 196 and 197.

(3) Contract for the services of and consultation with professional persons or organizations, not otherwise available through federal, state and local governmental agencies, in carrying out its duties under ORS chapters 195, 196 and 197.

(4) Perform other functions required to carry out ORS chapters 195, 196 and 197.

(5) Assist in development and preparation of model land use regulations to guide state agencies, cities, counties and special districts in implementing goals.

(6) Notwithstanding any other provision of law, review comprehensive plan and land use regulations related to the identification and designation of high-value farmland pursuant to chapter 792, Oregon Laws 1993, under procedures set forth in ORS 197.251. [1973 c.80 §10; 1977 c.664 §6; 1981 c.748 §22a; 1993 c.792 §11]



Note: Legislative Counsel has substituted “chapter 792, Oregon Laws 1993,” for the words “this 1993 Act” in section 11, chapter 792, Oregon Laws 1993, which amended 197.045. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1993 Comparative Section Table located in Volume 18 of ORS.



197.047 Notice to local governments and property owners of changes to commission rules or certain statutes; form; distribution of notice; costs. (1) As used in this section, “owner” means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete tax assessment roll.

(2) At least 90 days prior to the final public hearing on a proposed new or amended administrative rule of the Land Conservation and Development Commission described in subsection (10) of this section, the Department of Land Conservation and Development shall cause the notice set forth in subsection (3) of this section to be mailed to every affected local government that exercises land use planning authority under ORS 197.175.

(3) The notice required in subsection (2) of this section must:

(a) Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:

______________________________________________________________________________



This is to notify you that the Land Conservation and Development Commission has proposed a new or amended administrative rule that, if adopted, may affect the permissible uses of properties in your jurisdiction.

______________________________________________________________________________



(b) Contain substantially the following language in the body of the notice:

______________________________________________________________________________



On (date of public hearing), the Land Conservation and Development Commission will hold a public hearing regarding adoption of proposed (new or amended) rule (number). Adoption of the rule may change the zoning classification of properties in your jurisdiction or may limit or prohibit land uses previously allowed on properties in your jurisdiction.

Rule (number) is available for inspection at the Department of Land Conservation and Development located at (address). A copy of the proposed rule (number) also is available for purchase at a cost of $_____.

For additional information, contact the Department of Land Conservation and Development at (telephone number).

______________________________________________________________________________



(4) A local government that receives notice under subsection (2) of this section shall cause the notice set forth in subsection (5) of this section to be mailed to every owner of real property that will be rezoned as a result of the proposed rule. Notice to an owner under this subsection must be mailed at least 45 days prior to the final public hearing on the proposed rule.

(5) The notice required in subsection (4) of this section must:

(a) Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:

______________________________________________________________________________



This is to notify you that the Land Conservation and Development Commission has proposed a new or amended administrative rule that, if adopted, may affect the permissible uses of your property and other properties.

______________________________________________________________________________



(b) Contain substantially the following language in the body of the notice:

______________________________________________________________________________



On (date of public hearing), the Land Conservation and Development Commission will hold a public hearing regarding adoption of proposed (new or amended) rule (number). Adoption of the rule may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.

Rule (number) is available for inspection at the Department of Land Conservation and Development located at (address). A copy of the proposed rule (number) also is available for purchase at a cost of $_____.

For additional information, contact the Department of Land Conservation and Development at (telephone number).

______________________________________________________________________________



(6) At least 90 days prior to the effective date of a new or amended statute or administrative rule described in subsection (10) of this section, the department shall cause the notice set forth in subsection (7) of this section to be mailed to every affected local government that exercises land use planning authority under ORS 197.175 unless the statute or rule is effective within 90 days of enactment or adoption, in which case the department shall cause the notice to be mailed not later than 30 days after the statute or rule is effective.

(7) The notice required in subsection (6) of this section must:

(a) Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:

______________________________________________________________________________



(Check on the appropriate line:)

_____This is to notify you that the Land Conservation and Development Commission has adopted an administrative rule that may affect the permissible uses of properties in your jurisdiction; or

_____This is to notify you that the Legislative Assembly has enacted a land use planning statute that may affect the permissible uses of properties in your jurisdiction.

______________________________________________________________________________



(b) Contain substantially the following language in the body of the notice:

______________________________________________________________________________



(Check on the appropriate line:)

_____On (date of rule adoption), the Land Conservation and Development Commission adopted administrative rule (number). The commission has determined that this rule may change the zoning classification of properties in your jurisdiction or may limit or prohibit land uses previously allowed on properties in your jurisdiction.

Rule (number) is available for inspection at the Department of Land Conservation and Development located at (address). A copy of the rule (number) also is available for purchase at a cost of $_____.

For additional information, contact the Department of Land Conservation and Development at (telephone number); or

_____On (date of enactment) the Legislative Assembly enacted (House/Senate bill number). The Department of Land Conservation and Development has determined that enactment of (House/Senate bill number) may change the zoning classification of properties in your jurisdiction or may limit or prohibit land uses previously allowed on properties in your jurisdiction.

A copy of (House/Senate bill number) is available for inspection at the Department of Land Conservation and Development located at (address). A copy of (House/Senate bill number) also is available for purchase at a cost of $_____.

For additional information, contact the Department of Land Conservation and Development at (telephone number).

______________________________________________________________________________



(8) A local government that receives notice under subsection (6) of this section shall cause a copy of the notice set forth in subsection (9) of this section to be mailed to every owner of real property that will be rezoned as a result of adoption of the rule or enactment of the statute, unless notification was provided pursuant to subsection (4) of this section. The local government shall mail the notice to an owner under this subsection at least 45 days prior to the effective date of the rule or statute unless the statute or rule is effective within 90 days of enactment or adoption, in which case the local government shall mail the notice to an owner under this subsection not later than 30 days after the local government receives notice under subsection (6) of this section.

(9) The notice required in subsection (8) of this section must:

(a) Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:

______________________________________________________________________________



(Check on the appropriate line:)

_____This is to notify you that the Land Conservation and Development Commission has adopted an administrative rule that may affect the permissible uses of your property and other properties; or

_____This is to notify you that the Legislative Assembly has enacted a land use planning statute that may affect the permissible uses of your property and other properties.

______________________________________________________________________________



(b) Contain substantially the following language in the body of the notice:

______________________________________________________________________________



(Check on the appropriate line:)

_____On (date of rule adoption), the Land Conservation and Development Commission adopted administrative rule (number). The rule may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.

Rule (number) is available for inspection at the Department of Land Conservation and Development located at (address). A copy of the rule (number) also is available for purchase at a cost of $_____.

For additional information, contact the Department of Land Conservation and Development at (telephone number); or

_____On (date of enactment) the Legislative Assembly enacted (House/Senate bill number). The Department of Land Conservation and Development has determined that enactment of (House/Senate bill number) may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.

A copy of (House/Senate bill number) is available for inspection at the Department of Land Conservation and Development located at (address). A copy of (House/Senate bill number) also is available for purchase at a cost of $_____.

For additional information, contact the Department of Land Conservation and Development at (telephone number).

______________________________________________________________________________



(10) The provisions of this section apply to all statutes and administrative rules of the Land Conservation and Development Commission that limit or prohibit otherwise permissible land uses or cause a local government to rezone property. For purposes of this section, property is rezoned when the statute or administrative rule causes a local government to:

(a) Change the base zoning classification of the property; or

(b) Adopt or amend an ordinance in a manner that limits or prohibits land uses previously allowed in the affected zone.

(11) The Department of Land Conservation and Development shall reimburse the local government for:

(a) The actual costs incurred responding to questions from the public related to a proposed new or amended administrative rule of the Land Conservation and Development Commission and to notice of the proposed rule; and

(b) All usual and reasonable costs of providing the notices required under subsection (4) or (8) of this section. [1999 c.1 §5; 2003 c.668 §1]



197.050 Interstate agreements and compacts; commission powers. Except as provided in ORS 196.150 and 196.155, if an interstate land conservation and development planning agency is created by an interstate agreement or compact entered into by this state, the Land Conservation and Development Commission shall perform the functions of this state with respect to the agreement or compact. If the functions of the interstate planning agency duplicate any of the functions of the commission under ORS 195.020 to 195.040, ORS chapter 197 and ORS 469.350, the commission may:

(1) Negotiate with the interstate agency in defining the areas of responsibility of the commission and the interstate planning agency; and

(2) Cooperate with the interstate planning agency in the performance of its functions. [1973 c.80 §12; 1977 c.664 §8; 1987 c.14 §6; 2001 c.672 §5]



197.055 [1973 c.80 §16; repealed by 1977 c.664 §42]



197.060 Biennial report; draft submission to committee; contents. (1) Prior to the end of each even-numbered year, the Department of Land Conservation and Development shall prepare a written report for submission to the Legislative Assembly of the State of Oregon describing activities and accomplishments of the department, Land Conservation and Development Commission, state agencies, local governments and special districts in carrying out ORS chapters 195, 196 and 197.

(2) A draft of the report required by subsection (1) of this section shall be submitted to the 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. [1973 c.80 §56; 1977 c.664 §9; 1981 c.748 §21b]



197.065 Biennial report analyzing uses of certain land; annual local government reports. (1) Prior to each legislative session, the Land Conservation and Development Commission shall submit to the 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. (continued)