CCLME.ORG - Statewide Land Use Planning

(continued)

(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]

197.522 Local government to approve subdivision, partition or construction; conditions. A local government shall approve an application for a permit, authorization or other approval necessary for the subdivision or partitioning of, or construction on, any land that is consistent with the comprehensive plan and applicable land use regulations or shall impose reasonable conditions on the application to make the proposed activity consistent with the plan and applicable regulations. A local government may deny an application that is inconsistent with the comprehensive plan and applicable land use regulations and that cannot be made consistent through the imposition of reasonable conditions of approval. [1999 c.838 §4]

197.524 Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits. (1) When a local government engages in a pattern or practice of delaying or stopping the issuance of permits, authorizations or approvals necessary for the subdivision or partitioning of, or construction on, any land, including delaying or stopping issuance based on a shortage of public facilities, the local government shall:

(a) Adopt a public facilities strategy under ORS 197.768; or

(b) Adopt a moratorium on construction or land development under ORS 197.505 to 197.540.

(2) The provisions of subsection (1) of this section do not apply to the delay or stopping of the issuance of permits, authorizations or approvals because they are inconsistent with the local government’s comprehensive plan or land use regulations. [1999 c.838 §3]

197.530 Correction program; procedures. (1) A city, county or special district that adopts a moratorium on construction or land development in conformity with ORS 197.520 (1) and (2) shall within 60 days after the effective date of the moratorium adopt a program to correct the problem creating the moratorium. The program shall be presented at a public hearing. The city, county or special district shall give at least 14 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]

197.540 Review by Land Use Board of Appeals. (1) In the manner provided in ORS 197.830 to 197.845, the Land Use Board of Appeals shall review upon petition by a county, city or special district governing body or state agency or a person or group of persons whose interests are substantially affected, any moratorium on construction or land development or a corrective program alleged to have been adopted in violation of the provisions of ORS 197.505 to 197.540.

(2) If the board determines that a moratorium or corrective program was not adopted in compliance with the provisions of ORS 197.505 to 197.540, the board shall issue an order invalidating the moratorium.

(3) All review proceedings conducted by the Land Use Board of Appeals under subsection (1) of this section shall be based on the administrative record, if any, that is the subject of the review proceeding. The board shall not substitute its judgment for a finding solely of fact for which there is substantial evidence in the whole record.

(4) Notwithstanding any provision of ORS chapters 195, 196 and 197 to the contrary, the sole standard of review of a moratorium on construction or land development or a corrective program is under the provisions of this section, and such a moratorium shall not be reviewed for compliance with the statewide planning goals adopted under ORS chapters 195, 196 and 197.

(5) The review of a moratorium on construction or land development under subsection (1) of this section shall be the sole authority for review of such a moratorium, and there shall be no authority for review in the circuit courts of this state. [1980 c.2 §5; 1983 c.827 §45; 2001 c.672 §9]

197.550 [1995 s.s. c.3 §20; repealed by 1996 c.12 §14]

197.553 [1995 s.s. c.3 §19; repealed by 1996 c.12 §14]

197.556 [1995 s.s. c.3 §21; repealed by 1996 c.12 §14]

197.559 [1995 s.s. c.3 §23; repealed by 1996 c.12 §14]

197.562 [1995 s.s. c.3 §24; repealed by 1996 c.12 §14]

197.565 [1995 s.s. c.3 §22; repealed by 1996 c.12 §14]

197.568 [1995 s.s. c.3 §25; repealed by 1996 c.12 §14]

197.571 [1995 s.s. c.3 §26; repealed by 1996 c.12 §14]

197.574 [1995 s.s. c.3 §27; repealed by 1996 c.12 §14]

197.577 [1995 s.s. c.3 §28; repealed by 1996 c.12 §14]

197.581 [1995 s.s. c.3 §29; repealed by 1996 c.12 §14]

197.584 [1995 s.s. c.3 §30; repealed by 1996 c.12 §14]

197.587 [1995 s.s. c.3 §30a; 1997 c.800 §10; renumbered 267.334 in 1997]

197.590 [1995 s.s. c.3 §31; repealed by 1996 c.12 §14]

197.605 [1981 c.748 §3; repealed by 1983 c.827 §59]

POST-ACKNOWLEDGMENT PROCEDURES

197.610 Local government notice of proposed amendment or new regulation; exceptions; report to commission. (1) A proposal to amend a local government acknowledged comprehensive plan or land use regulation or to adopt a new land use regulation shall be forwarded to the Director of the Department of Land Conservation and Development at least 45 days before the first evidentiary hearing on adoption. The proposal forwarded shall contain the text and any supplemental information that the local government believes is necessary to inform the director as to the effect of the proposal. The notice shall include the date set for the first evidentiary hearing. The director shall notify persons who have requested notice that the proposal is pending.

(2) When a local government determines that the goals do not apply to a particular proposed amendment or new regulation, notice under subsection (1) of this section is not required. In addition, a local government may submit an amendment or new regulation with less than 45 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]

197.615 Local government notice of adopted amendment or new regulation; content; notice by director. (1) A local government that amends an acknowledged comprehensive plan or land use regulation or adopts a new land use regulation shall mail or otherwise submit to the Director of the Department of Land Conservation and Development a copy of the adopted text of the comprehensive plan provision or land use regulation together with the findings adopted by the local government. The text and findings must be mailed or otherwise submitted not later than five working days after the final decision by the governing body. If the proposed amendment or new regulation that the director received under ORS 197.610 has been substantially amended, the local government shall specify the changes that have been made in the notice provided to the director. If the text and findings are mailed, they shall include a signed statement by the person mailing them indicating the date of deposit in the mail.

(2)(a) On the same day that the text and findings are mailed or delivered, the local government also shall mail or otherwise submit notice to persons who:

(A) Participated in the proceedings leading to the adoption of the amendment to the comprehensive plan or land use regulation or the new land use regulation; and

(B) Requested of the local government in writing that they be given such notice.

(b) The notice required by this subsection shall:

(A) Describe briefly the action taken by the local government;

(B) State the date of the decision;

(C) If delivered by mail, include a certificate of mailing containing a statement signed by the person mailing it indicating the date the notice was deposited in the mail;

(D) List the place where and the time when the amendment to the acknowledged comprehensive plan or land use regulation or the new land use regulation, and findings, may be reviewed; and

(E) Explain the requirements for appealing the action of the local government under ORS 197.830 to 197.845.

(3) Not later than five working days after receipt of an amendment to an acknowledged comprehensive plan or land use regulation or a new land use regulation submitted under subsection (1) of this section, the director shall notify by mail or other submission any persons who have requested notification. The notice shall:

(a) Explain the requirements for appealing the action of the local government under ORS 197.830 to 197.845; and

(b) List the locations where the comprehensive plan or land use regulation amendment or new land use regulation may be reviewed. [1981 c.748 §5; 1983 c.827 §9; 1999 c.255 §1]

197.620 Who may appeal. (1) Notwithstanding the requirements of ORS 197.830 (2), persons who participated either orally or in writing in the local government proceedings leading to the adoption of an amendment to an acknowledged comprehensive plan or land use regulation or a new land use regulation may appeal the decision to the Land Use Board of Appeals under ORS 197.830 to 197.845. A decision to not adopt a legislative amendment or a new land use regulation is not appealable except where the amendment is necessary to address the requirements of a new or amended goal, rule or statute.

(2) Notwithstanding the requirements of ORS 197.830 (2), the Director of the Department of Land Conservation and Development or any other person may file an appeal of the local 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]

197.625 When amendment or new regulation considered acknowledged; application prior to acknowledgment. (1) If a notice of intent to appeal is not filed within the 21-day period set out in ORS 197.830 (9), the amendment to the acknowledged comprehensive plan or land use regulation or the new land use regulation shall be considered acknowledged upon the expiration of the 21-day period. An amendment to an acknowledged comprehensive plan or land use regulation is not considered acknowledged unless the notices required under ORS 197.610 and 197.615 have been submitted to the Director of the Department of Land Conservation and Development and:

(a) The 21-day appeal period has expired; or

(b) If an appeal is timely filed, the board affirms the decision or the appellate courts affirm the decision.

(2) If the decision adopting an amendment to an acknowledged comprehensive plan or land use regulation or a new land use regulation is affirmed on appeal under ORS 197.830 to 197.855, the amendment or new regulation shall be considered acknowledged upon the date the appellate decision becomes final.

(3)(a) Prior to its acknowledgment, the adoption of a new comprehensive plan provision or land use regulation or an amendment to a comprehensive plan or land use regulation is effective at the time specified by local government charter or ordinance and is applicable to land use decisions, expedited land divisions and limited land use decisions if the amendment was adopted in substantial compliance with ORS 197.610 and 197.615 unless a stay is granted under ORS 197.845.

(b) Any approval of a land use decision, expedited land division or limited land use decision subject to an unacknowledged amendment to a comprehensive plan or land use regulation shall include findings of compliance with those land use goals applicable to the amendment.

(c) The issuance of a permit under an effective but unacknowledged comprehensive plan or land use regulation shall not be relied upon to justify retention of improvements so permitted if the comprehensive plan provision or land use regulation does not gain acknowledgment.

(d) The provisions of this subsection apply to applications for land use decisions, expedited land divisions and limited land use decisions submitted after February 17, 1993, and to comprehensive plan and land use regulation amendments adopted:

(A) After June 1, 1991, pursuant to periodic review requirements under ORS 197.628, 197.633 and 197.636;

(B) After June 1, 1991, to meet the requirements of ORS 197.646; and

(C) After November 4, 1993.

(4) The director shall issue certification of the acknowledgment upon receipt of an affidavit from the board stating either:

(a) That no appeal was filed within the 21 days allowed under ORS 197.830 (9); or

(b) The date the appellate decision affirming the adoption of the amendment or new regulation became final.

(5) The board shall issue an affidavit for the purposes of subsection (4) of this section within five days of receiving a valid request from the local government.

(6) After issuance of the notice provided in ORS 197.633, nothing in this section shall prevent the Land Conservation and Development Commission from entering an order pursuant to ORS 197.633, 197.636 or 197.644 to require a local government to respond to the standards of ORS 197.628. [1981 c.748 §5b; 1983 c.827 §10; 1987 c.729 §6; 1989 c.761 §23; 1991 c.612 §14; 1993 c.792 §44; 1995 c.595 §25; 1999 c.348 §9; 1999 c.621 §5; 2003 c.793 §3]

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

197.628 Periodic review; policy; conditions that indicate need for periodic review. (1) It is the policy of the State of Oregon to require the periodic review of comprehensive plans and land use regulations in order to respond to changes in local, regional and state conditions to ensure that the plans and regulations remain in compliance with the statewide planning goals adopted pursuant to ORS 197.230, and to ensure that the plans and regulations make adequate provision for needed housing, employment, transportation and public facilities and services.

(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 needed housing, employment, transportation and public facilities and services.

(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;

(b) Decisions implementing acknowledged comprehensive plan and land use regulations are inconsistent with the goals;

(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; 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. [1991 c.612 §2; 1999 c.622 §2]

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]

197.629 Schedule for periodic review; coordination. (1) The Land Conservation and Development Commission shall establish and maintain a schedule for periodic review of comprehensive plans and land use regulations. Except as necessary to coordinate approved periodic review work programs and to account for special circumstances that from time to time arise, the schedule shall reflect the following timelines:

(a) A city with a population of 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: See note under 197.628.

197.630 [1981 c.748 §5c; repealed by 1983 c.827 §59]

197.631 Commission to amend regulations to facilitate periodic review; report to Legislative Assembly. (1) In order to use state and local periodic review resources most efficiently and effectively and to concentrate periodic review on adequate provision of needed housing, employment, transportation and public facilities and services, 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.

(2) In the biennial report required under ORS 197.060, the commission shall report to the Legislative Assembly and the Joint Legislative Committee on Land Use on its activities implementing subsection (1) of this section. [1999 c.622 §11]

Note: See note under 197.628.

197.633 Two phases of periodic review; rules; appeal of decision on work program; schedule for completion; extension of time on appeal. (1) The periodic review process is divided into two phases. Phase one is the evaluation of the existing comprehensive plan, land use regulations and citizen involvement program and, if necessary, the development of a work program to make needed changes to the comprehensive plan or land use regulations. Phase two is the completion of work tasks outlined in the work program.

(2) The Land Conservation and Development Commission shall adopt rules for conducting periodic review. The rules shall provide a process for:

(a) Initiating periodic review;

(b) Citizen participation;

(c) The participation of state agencies;

(d) The preparation, review and approval of an evaluation of a comprehensive plan and land use regulations;

(e) Review of a work program; and

(f) Review of completed work tasks.

(3)(a) A decision by the Director of the Department of Land Conservation and Development to approve a work program or a work task, that no work program is necessary or that no further work is necessary, may be appealed to the commission or referred to the commission by the director. Except as provided in paragraph (b) of 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.

(b) The commission may extend the time in paragraph (a) of this subsection for taking action on the appeal or referral if the commission finds that:

(A) The appeal or referral is appropriate for mediation; or

(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.

(4) 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]

Note: See note under 197.628.

197.635 [1981 c.748 §6; repealed by 1983 c.827 §59]

197.636 Procedures and actions for failure to meet periodic review deadlines. (1) Upon good cause shown by a local government, the Director of the Department of Land Conservation and Development may allow the local government an extension of time for submitting a work program or completing a work task. A decision by the director to grant or deny an extension may be appealed to the Land Conservation and Development Commission or may be referred to the 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]

Note: See note under 197.628.

197.637 Department of Land Conservation and Development may request review by Housing and Community Services Department of certain local housing measures. (1) Upon request of the Department of Land Conservation and Development, the Housing and Community Services Department shall review the inventory and analysis of housing, and measures taken to address the housing need, required of certain local governments under ORS 197.296. The review shall address the likely effect of measures developed by a local government under ORS 197.296 (6) or (7) on the adequacy of the supply of buildable land and opportunities to satisfy needs identified under ORS 197.296 (3).

(2) The Land Conservation and Development Commission and the Director of the Department of Land Conservation and Development shall consider the review and any recommendations of the Housing and Community Services Department when determining whether a local government has complied with the statewide land use planning goals and the requirements of ORS 197.296. [1999 c.622 §12; 2001 c.908 §4]

Note: See note under 197.628.

197.638 Department of Land Conservation and Development may request review by Economic and Community Development Department of local inventory and analysis of industrial and commercial land. (1) Upon request of the Department of Land Conservation and Development, the Economic and Community Development Department shall review the inventory and analysis of industrial and commercial land, and measures taken to address the land needs, required of certain local governments under ORS 197.712. The review shall address the likely effect of measures developed by a local government on the adequacy of the supply of sites and opportunities to satisfy needs identified under ORS 197.712.

(2) The Land Conservation and Development Commission and the Director of the Department of Land Conservation and Development shall consider the review and any recommendations of the Economic and Community Development Department when determining whether a local government has complied with the statewide land use planning goals and the requirements of ORS 197.712. [1999 c.622 §13]

Note: See note under 197.628.

197.639 State assistance teams; alternative coordination process; grant and technical assistance funding; advisory committee. (1) In addition to coordination between state agencies and local government established in certified state agency coordination programs, the Department of Land Conservation and Development may establish one or more state assistance teams made up of representatives of various agencies and local governments 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: See note under 197.628.

197.640 [1981 c.748 §9; 1983 c.827 §11; 1987 c.69 §1; 1987 c.729 §7; 1987 c.856 §8; repealed by 1991 c.612 §23]

197.641 [1983 c.827 §11b; 1987 c.729 §8a; repealed by 1991 c.612 §23]

197.643 [1983 c.827 §11c; 1987 c.729 §9; repealed by 1991 c.612 §23]

197.644 Modification of work program; commission jurisdiction and rules. (1) The Land Conservation and Development Commission may direct or, upon request of the local government, the Director of the Department of Land Conservation and Development may authorize a local government to modify an approved work program when:

(a) Issues of regional or statewide significance arising out of another local 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.

197.645 [1983 c.827 §11d; 1987 c.729 §10; repealed by 1991 c.612 §23]

197.646 Implementation of new or amended goals, rules or statutes. (1) A local government shall amend the comprehensive plan and land use regulations to implement new or amended statewide planning goals, Land Conservation and Development Commission administrative rules and land use statutes when such goals, rules or statutes become applicable to the jurisdiction. Any amendment to incorporate a goal, rule or statute change shall be submitted to the Department of Land Conservation and Development as set forth in ORS 197.610 to 197.625.

(2) The department shall notify cities and counties of newly adopted commission goals and commission rules, including the effective date, as they are adopted. The department shall notify cities and counties of newly adopted land use statutes following the legislative session when such statutes are adopted.

(3) When a local government does not adopt comprehensive plan or land use regulation amendments as required by subsection (1) of this section, the new or amended goal, rule or statute shall be directly applicable to the local government’s land use decisions. The failure to adopt comprehensive plan and land use regulation amendments required by subsection (1) of this section may be the basis for initiation of enforcement action pursuant to ORS 197.319 to 197.335. [1991 c.612 §7]

Note: See note under 197.628.

197.647 [1983 c.827 §11e; 1987 c.69 §2; 1987 c.729 §11; repealed by 1991 c.612 §23]

197.649 Fees for notice; establishment by rules. The Land Conservation and Development Commission may establish by rule fees to cover the cost of notice given to persons by the Director of the Department of Land Conservation and Development under ORS 197.610 (1) and 197.615 (3). [1983 c.827 §11f; 1985 c.565 §28; 1991 c.612 §15]

Note: See note under 197.628.

197.650 Appeal to Court of Appeals; standing; petition content and service. (1) A Land Conservation and Development Commission order may be appealed to the Court of Appeals in the manner provided in ORS 183.482 by the following persons:

(a) Persons who submitted comments or objections pursuant to ORS 197.251 (2) or proceedings under ORS 197.633, 197.636 or 197.644 and are appealing a commission order issued under ORS 197.251 or 197.633, 197.636 or 197.644;

(b) Persons who submitted comments or objections pursuant to procedures adopted by the commission for certification of state agency coordination programs and are appealing a certification issued under ORS 197.180 (6);

(c) Persons who petitioned the commission for an order under ORS 197.324 and whose petition was dismissed; or

(d) Persons who submitted oral or written testimony in a proceeding before the commission pursuant to ORS 215.780.

(2) Notwithstanding ORS 183.482 (2) relating to contents of the petition, the petition shall state the nature of the order petitioner desires reviewed and whether the petitioner submitted comments or objections as provided in ORS 197.251 (2) or pursuant to ORS 197.633, 197.636 or 197.644.

(3) Notwithstanding ORS 183.482 (2) relating to service of the petition, copies of the petition shall be served by registered or certified mail upon the Department of Land Conservation and Development, the local government and all persons who filed comments or objections. [1981 c.748 §10; 1983 c.827 §52; 1989 c.761 §8; 1991 c.612 §16; 1997 c.247 §1; 1999 c.622 §7]

Note: See note under 197.628.

COLLABORATIVE REGIONAL PROBLEM SOLVING

197.652 Establishing regional problem-solving programs. Programs of the collaborative regional problem-solving process described in ORS 197.654 and 197.656 shall be established in counties or regions geographically distributed throughout the state. [1996 c.6 §3; 1997 c.365 §1]

197.654 Regional problem solving; coordination. (1) Local governments and those special districts that provide urban services may enter into a collaborative regional problem-solving process. A collaborative regional problem-solving process is a planning process directed toward resolution of land use problems in a region. The process must offer an opportunity to participate with appropriate state agencies and all local governments within the region affected by the problems that are the subject of the problem-solving process. The process must include:

(a) An opportunity for involvement by other stakeholders with an interest in the problem; and

(b) Efforts among the collaborators to agree on goals, objectives and measures of success for steps undertaken to implement the process as set forth in ORS 197.656.

(2) As used in ORS 197.652 to 197.658, “region” means an area of one or more counties, together with the cities within the county, counties, or affected portion of the county. [1996 c.6 §4]

197.656 Commissionacknowledgement of comprehensive plans not in compliance with goals; participation by state agencies; commission review of implementing regulations and plan amendments; use of resource lands. (1) Upon invitation by the local governments in a region, the Land Conservation and Development Commission and other state agencies may participate with the local governments in a collaborative regional problem-solving process. (continued)