justicedao/ipfs_state_laws huggingface dataset:
660-025-0080 Notice and Citizen Involvement (1) The local government must use its acknowledged citizen involvement program, or amend the program if necessary consistent with section (2) of this rule, to provide adequate participation opportunities for citizens and other interested persons in all phases of the local periodic review. Each local government must publish a notice in a newspaper of general circulation within the community informing citizens about the initiation of the local periodic review. The local government must also provide written notice of the initiation of the local periodic review to persons who request, in writing, such notice. (2) Each local government must review its citizen involvement program at the beginning of its periodic review and, if necessary, amend the program to ensure it will provide adequate opportunities for citizen involvement in all phases of the periodic review process. Citizen involvement opportunities must, at a minimum, include: (a) Interested persons must have the opportunity to review materials in advance and to comment in writing in advance of or at one or more hearings on the periodic review evaluation. Citizens and other interested persons must have the opportunity to present comments orally at one or more hearings on the periodic review evaluation. Citizens and other interested persons must have the opportunity to propose periodic review work tasks prior to or at one or more hearings. The local government must provide a response to comments at or following the hearing on the evaluation. (b) Interested persons must have the opportunity to review materials in advance and to comment in writing in advance of or at one or more hearings on a periodic review work task. Citizens and other interested persons must have the opportunity to present comments orally at one or more hearings on a periodic review work task. The local government must respond to comments at or following the hearing on a work task. (3) A local government proposing to change an acknowledged comprehensive plan or a land use regulation under a work task must provide notice of the proposed change to the department 35 days in advance of the first evidentiary hearing, as provided in ORS 197.610 and OAR 660-018-0020. Statutory/Other Authority: ORS 197.040 & 197.633 Statutes/Other Implemented: ORS 197.628 - 197.646 History: LCDD 4-2012, f. & cert. ef. 2-14-12 LCDD 4-2006, f. & cert. ef. 5-15-06 LCDC 1-1992, f. & cert. ef. 1-28-92
660-025-0100 Notice and Filing of Objections (Work Program Phase) (1) After the local government approves the evaluation and work program, or the evaluation and decision that no work program is necessary, the local government must notify the department and persons who participated at the local level orally or in writing during the local process. The local government notice must contain the following information: (a) Where a person can review a copy of the local government's evaluation and work program or the evaluation and decision that no work program is necessary, and how a person may obtain a copy of the decision; (b) The requirements listed in section (2) of this rule for filing a valid objection to the evaluation, work program or decision that no work program is necessary; and (c) That objectors must give a copy of the objection to the local government. (2) Persons who participated at the local level orally or in writing during the local process leading to the evaluation and work program or decision that no work program is necessary may object to the local government's decision. To be valid, an objection must: (a) Be in writing and filed with the department's Salem office no later than 21 days from the date the notice was mailed by the local government; (b) Clearly identify an alleged deficiency in the evaluation, work program or decision that no work program is necessary; (c) Suggest a specific work task that would resolve the deficiency; (d) Demonstrate that the objecting party participated at the local level orally or in writing during the local process. (3) Objections that do not meet all the requirements of section (2) of this rule will not be considered by the director or commission. (4) If the department does not receive any valid objections within the 21-day objection period, the director may approve the evaluation and work program or decision that no work program is required. Regardless of whether valid objections are received, the department must make its own determination of the sufficiency of the evaluation and work program or determination that no work program is necessary. (5) If the department receives one or more valid objections, the department must issue a report that addresses the issues raised in valid objections. The report must identify specific work tasks to resolve valid objections or department concerns. A valid objection must either be sustained or rejected by the department or commission based on the statewide planning goals and related statutes and administrative rules. Statutory/Other Authority: ORS 197.040 & 197.633 Statutes/Other Implemented: ORS 197.628 - 197.646 History: LCDD 4-2012, f. & cert. ef. 2-14-12 LCDD 8-2011, f. & cert. ef. 10-20-11 LCDD 4-2006, f. & cert. ef. 5-15-06 LCDD 3-2000, f. & cert. ef. 2-14-00 LCDC 6-1995, f. & cert. ef. 6-16-95 LCDC 1-1992, f. & cert. ef. 1-28-92
660-025-0110 Director and Commission Action (Work Program Phase) (1) In response to an evaluation and work program submitted to the department pursuant to OAR 660-025-0100, the director may: (a) Issue an order approving the evaluation and work program or determination that no work program is necessary; or (b) Issue an order rejecting the evaluation and work program or determination that no work program is necessary and suggest modifications to the local government including a date for resubmittal. (2) The director may postpone action, pursuant to section (1) of this rule to allow the department, the jurisdiction, objectors or other persons who participated orally or in writing at the local level to reach agreement on specific issues relating to the evaluation and work program or determination that no work program is necessary. (3) The director must provide written notice of the decision to the local government persons who filed objections, and persons who requested notice of the local government decision. (4) The director's decision to approve an evaluation and work program or determination that no work program is necessary is final and may not be appealed. (5) The director's decision to deny an evaluation and work program or determination that no work program is necessary may be appealed to the commission by the local government, or a person who filed an objection, or other person who participated orally or in writing at the local level. (a) Appeal of the director's decision must be filed with the department within 21 days of the date notice of the director's action was mailed; (b) A person appealing the director's decision must show that the person participated in the local government decision. The person appealing the director's decision must show a deficiency in the director's decision to deny the evaluation, work program or decision that no work program is necessary. The person appealing the director's decision also must suggest a specific modification to the evaluation, work program or decision that no work program is necessary to resolve the alleged deficiency. (6) If no such appeal is filed, the director's decision shall be final. (7) In response to an appeal, the director may prepare and submit a report to the commission. The provisions in OAR 660-025-0160(4) and (5) apply. (8) The commission shall hear referrals and appeals of evaluations and work programs according to the procedures in OAR 660-025-0085. (9) Following its hearing, the commission must issue an order that either: (a) Establishes a work program; or (b) Determines that no work program is necessary. Statutory/Other Authority: ORS 197.040 & 197.633 Statutes/Other Implemented: ORS 197.628 - 197.646 History: LCDD 4-2012, f. & cert. ef. 2-14-12 LCDD 8-2011, f. & cert. ef. 10-20-11 LCDD 4-2006, f. & cert. ef. 5-15-06 LCDC 6-1995, f. & cert. ef. 6-16-95 LCDC 1-1992, f. & cert. ef. 1-28-92
660-025-0175 Review of UGB Amendments and Urban Reserve Area Designations (1) A local government must submit the following land use decisions to the department for review for compliance with the applicable statewide planning goals, statutes and rules in the manner provided for review of a work task under ORS 197.633: (a) An amendment of an urban growth boundary by a metropolitan service district that adds more than 100 acres to the area within its urban growth boundary; (b) An amendment of an urban growth boundary by a city with a population of 2,500 or more within its urban growth boundary that adds more than 50 acres to the area within the urban growth boundary, except as provided by ORS 197A.325 and OAR 660-038-0020(10); (c) A designation of an area as an urban reserve under ORS 195.137 to 195.145 by a metropolitan service district or by a city with a population of 2,500 or more within its urban growth boundary; (d) An amendment of the boundary of an urban reserve by a metropolitan service district; (e) An amendment of the boundary of an urban reserve to add more than 50 acres to the urban reserve by a city with a population of 2,500 of more within its urban growth boundary; and (f) A designation or an amendment to the designation of a rural reserve under ORS 195.137 to 195.145 by a county, in coordination with a metropolitan service district, including an amendment of the boundary of a rural reserve. (2) A local government may submit a comprehensive plan amendment or land use regulation amendment to the department for review for compliance with the applicable statewide planning goals, statutes and rules in the manner provided for review of a work task under ORS 197.633 when it is a task on a work program for sequential submittal of an urban growth boundary as provided in ORS 197.626(3) and OAR 660-025-0185. (3) The standards and procedures in this rule govern the local government process and submittal, and department and commission review. (4) The local government must provide notice of the proposed amendment according to the procedures and requirements for post-acknowledgement plan amendments in ORS 197.610 and OAR 660-018-0020. (5) The local government must submit its final decision amending its comprehensive plan or urban growth boundary, or designating urban reserve areas, to the department according to all the requirements for a work task submittal in OAR 660-025-0130 and 660-025-0140. (6) Department and commission review and decision on the submittal from the local government must follow the procedures and requirements for review and decision of a work task submittal in OAR 660-025-0085, 660-025-0140 to 660-025-0160, and 660-025-0185. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 195.145, ORS 197.626 – 197.646 & 197A.325 History: LCDD 2-2019, amend filed 01/28/2019, effective 02/01/2019 LCDD 2-2016, f. & cert. ef. 2-10-16 LCDD 4-2012, f. & cert. ef. 2-14-12 LCDD 8-2011, f. & cert. ef. 10-20-11 LCDD 4-2006, f. & cert. ef. 5-15-06 LCDD 3-2004, f. & cert. ef. 5-7-04 LCDD 3-2000, f. & cert. ef. 2-14-00
660-025-0180 Stay Provisions (1) When a local government makes a final decision on a work task or portion of a work task that is required by, or carries out, an approved work program, or if the local government is required to submit a final decision to the department under OAR 660-025-0175(1), interested persons may request a stay of the local government's final decision by filing a request for a stay with the commission. In taking an action on a request to stay a local government's final decision on a work task, the commission must use the standards and procedures contained in OAR chapter 660, division 1. (2) The director may grant a temporary stay of a final decision on a local government decision described in section (1) of this rule. A temporary stay must meet applicable stay requirements of the Administrative Procedures Act. A temporary stay issued by the director shall only be effective until the commission has acted on a stay request pursuant to section (1) of this rule. Statutory/Other Authority: ORS 197.040 & 197.633 Statutes/Other Implemented: ORS 197.628 - 197.646 History: LCDD 4-2012, f. & cert. ef. 2-14-12 LCDD 4-2006, f. & cert. ef. 5-15-06 LCDD 3-2000, f. & cert. ef. 2-14-00 LCDC 1-1992, f. & cert. ef. 1-28-92
660-025-0210 Updated Planning Documents (1) Pursuant to ORS 195.025 and 195.040 and the legislative policy described in ORS 197.010 and 197.633, each local government must file a complete and accurate copy of its comprehensive plan and land use regulations bearing the date of adoption (including plan and zone maps bearing the date of adoption) with the department following completion of periodic review. These materials may be either a new printing or an up-to-date compilation of the required materials, and must include data described in OAR 660-018-0040(4), if applicable. (2) Local governments that create or alter zoning or comprehensive plan maps as geospatial data are encouraged but not required to share this data with the department, except for geospatial data describing an urban growth boundary or urban or rural reserve that is created or altered under a completed work task, in which case the submission must include electronic geospatial data depicting the boundary change. Geospatial data submitted to the department must comply with the following standards endorsed by the Oregon Geographic Information Council: (a) The data must be in an electronic format compatible with the State’s Geographic Information System software standard described in OAR 125-600-7550; and (b) The data must be accompanied by metadata that meets at least the minimum requirements of the federal Content Standard for Digital Geospatial Metadata. (3) Materials described in sections (1) and (2) of this rule must be submitted to the department within six months of completion of the last work task. (4) The updated plan must be accompanied by a statement signed by a city or county official certifying that the materials are an accurate copy of current planning documents and that they reflect the changes made as part of periodic review. (5) Jurisdictions that do not file an updated plan on time shall not be eligible for periodic review grants from the department until such time as the required materials are provided to the department. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.190, 197.270 & 197.628 -197.646 History: LCDD 4-2012, f. & cert. ef. 2-14-12 LCDD 8-2011, f. & cert. ef. 10-20-11 LCDD 4-2006, f. & cert. ef. 5-15-06 LCDC 6-1995, f. & cert. ef. 6-16-95 LCDC 1-1992, f. & cert. ef. 1-28-92
660-025-0220 Computation of Time (1) For the purposes of OAR chapter 660, division 25, periodic review rule, unless otherwise provided by rule, the time to complete required tasks, notices, objections, and appeals shall be computed as follows. The first day of the designated period to complete the task, notice, objection or appeal shall not be counted. The last day of the period shall be counted unless it is a Saturday, Sunday or legal holiday under ORS 187.010 or 187.020. In that event the period shall run until the end of the next day that is not a Saturday, Sunday or legal holiday. When the period of time to complete the task is less than seven (7) days, intervening Saturdays, Sundays or legal holidays shall not be counted. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 174.120, 187.010, 187.020 & 197.628 - 197.650 History: LCDD 4-2012, f. & cert. ef. 2-14-12 LCDD 4-2006, f. & cert. ef. 5-15-06 LCDC 6-1995, f. & cert. ef. 6-16-95 LCDC 1-1992, f. & cert. ef. 1-28-92
660-025-0230 Applicability (1) Except as otherwise required by law, amendments to this division apply as follows: (a) Local governments in periodic review that have not submitted an evaluation and work program, or decision that no work program is required, must apply the amendments to the evaluation and work program or decision that no work program is required; (b) Local governments in periodic review must apply amendments to work tasks not completed or submitted to the department on the effective date of the amendments; (c) The commission may modify approved work programs to carry out the priorities and standards reflected in amendments; (d) The procedures and standards in amendments for department and commission review and action on periodic review submittals, requests for extensions, and late submittals apply to all such submittals and requests filed with the department after the effective date of the amendments, as well as any such submittals and requests awaiting initial department action on the effective date of the amendments. Statutory/Other Authority: ORS 197.040-197.245 Statutes/Other Implemented: ORS 197.628 - 197.646 History: LCDD 4-2012, f. & cert. ef. 2-14-12 LCDD 8-2011, f. & cert. ef. 10-20-11 LCDD 4-2006, f. & cert. ef. 5-15-06 LCDD 3-2000, f. & cert. ef. 2-14-00
660-025-0250 Transfer of Matters to the Land Use Board of Appeals (1) The director may elect to transfer a matter to the Land Use Board of Appeals (board) under ORS 197.825(2)(c)(A), including but not limited to an appeal of the director’s decision pursuant to OAR 660-025-0150(6). (2) The director may transfer matters to the board when: (a) The matter is an urban growth boundary expansion approved by the local government based on a quasi-judicial land use application and does not require an interpretation of first impression of statewide planning Goal 14, ORS 197.296 or 197.298; or (b)(A) The matter concerns a provision of law not directly related to compliance with a statewide planning goal; (B) The matter is an appeal of the director’s decision and concerns a clearly identified provision of the work task submittal that is alleged to violate a provision of law and clearly identifies the provision of law that is alleged to have been violated; and (C) The matter is sufficiently well-defined such that it can be separated from other issues in the work task that are not transferred to the board. (3) When the director elects to transfer a matter to the board, notice of the decision must be sent to the local jurisdiction, the appellant, any objectors, and the board. The notice shall include identification of the matter to be transferred and explanation of the procedures and deadline for appeal of the matter to the board. (4) The director's decision under this rule is final and may not be appealed. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.825 History: LCDD 4-2012, f. & cert. ef. 2-14-12 LCDD 4-2006, f. & cert. ef. 5-15-06
660-027-0005 Purpose and Objective (1) This division is intended to implement the provisions of Oregon Laws 2007, chapter 723 regarding the designation of urban reserves and rural reserves in the Portland metropolitan area. This division provides an alternative to the urban reserve designation process described in OAR chapter 660, division 21. This division establishes procedures for the designation of urban and rural reserves in the metropolitan area by agreement between and among local governments in the area and by amendments to the applicable regional framework plan and comprehensive plans. This division also prescribes criteria and factors that a county and Metro must apply when choosing lands for designation as urban or rural reserves. (2) Urban reserves designated under this division are intended to facilitate long-term planning for urbanization in the Portland metropolitan area and to provide greater certainty to the agricultural and forest industries, to other industries and commerce, to private landowners and to public and private service providers, about the locations of future expansion of the Metro Urban Growth Boundary. Rural reserves under this division are intended to provide long-term protection for large blocks of agricultural land and forest land, and for important natural landscape features that limit urban development or define natural boundaries of urbanization. The objective of this division is a balance in the designation of urban and rural reserves that, in its entirety, best achieves livable communities, the viability and vitality of the agricultural and forest industries and protection of the important natural landscape features that define the region for its residents. Statutory/Other Authority: ORS 195.141 & 197.040. Statutes/Other Implemented: ORS 195.137 - 195.145 History: LCDD 1-2008, f. & cert. ef. 2-13-08
660-027-0020 Authority to Designate Urban and Rural Reserves (1) As an alternative to the authority to designate urban reserve areas granted by OAR chapter 660, division 21, Metro may designate urban reserves through intergovernmental agreements with counties and by amendment of the regional framework plan to implement such agreements in accordance with the requirements of this division. (2) A county may designate rural reserves through intergovernmental agreement with Metro and by amendment of its comprehensive plan to implement such agreement in accordance with the requirements of this division. (3) A county and Metro may not enter into an intergovernmental agreement under this division to designate urban reserves in the county unless the county and Metro simultaneously enter into an agreement to designate rural reserves in the county. Statutory/Other Authority: ORS 195.141 & 197.040. Statutes/Other Implemented: ORS 195.137 - 195.145 History: LCDD 1-2008, f. & cert. ef. 2-13-08
660-027-0030 Urban and Rural Reserve Intergovernmental Agreements (1) An intergovernmental agreement between Metro and a county to establish urban reserves and rural reserves under this division shall provide for a coordinated and concurrent process for Metro to adopt regional framework plan provisions, and for the county to adopt comprehensive plan and zoning provisions, to implement the agreement. The agreement shall provide for Metro and the county to concurrently designate urban reserves and rural reserves, as specified in OAR 660-027-0040. (2) In the development of an intergovernmental agreement described in this division, Metro and a county shall follow a coordinated citizen involvement process that provides for broad public notice and opportunities for public comment regarding lands proposed for designation as urban and rural reserves under the agreement. Metro and the county shall provide the State Citizen Involvement Advisory Committee an opportunity to review and comment on the proposed citizen involvement process. (3) An intergovernmental agreement made under this division shall be deemed a preliminary decision that is a prerequisite to the designation of reserves by amendments to Metro’s regional framework plan and amendments to a county’s comprehensive plan pursuant to OAR 660-027-0040. Any intergovernmental agreement made under this division shall be submitted to the Commission with amendments to the regional framework plan and county comprehensive plans as provided in OAR 660-027-0080(2) through (4). Statutory/Other Authority: ORS 195.141 & 197.040. Statutes/Other Implemented: ORS 195.137 - 195.145 History: LCDD 1-2008, f. & cert. ef. 2-13-08