justicedao/ipfs_state_laws huggingface dataset:
660-001-0000 Notice of Proposed Rule (1) Except as provided in OAR 660-001-0000(2) and ORS 183.335(7), prior to the adoption, amendment, or repeal of any permanent rule, the Department of Land Conservation and Development shall give notice of the proposed adoption, amendment, or repeal: (a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule; (b) By mailing a copy of the notice and proposed rule(s) to persons on the Department of Land Conservation and Development's mailing list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule, including electronic notices if allowed by law; (c) By mailing a copy of the notice, including electronic mailing and also publication on the department website, of notices to the persons, groups of persons, organizations, and associations who the department considers to be interested in such adoption; (d) By mailing or furnishing a copy of the notice to the Associated Press and Capitol Press Room; (e) By mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule; (f) The department, at its discretion, may purchase a display ad in a newspaper of statewide circulation to publicize the rulemaking; and (g) In instances where the rulemaking adopts, amends or repeals a statewide planning goal, the department shall provide additional notice as required by statute. (2) The Commission may adopt, amend or suspend any rule by temporary rule without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable pursuant to ORS 183.335(5). At the time the Commission adopts, amends or suspends any rule under this section, it shall: (a) Prepare and adopt the statements and rule documents required by ORS 183.335(5)(a) to (e) which includes the Commission's statement of its findings "that its failure to act promptly will result in serious prejudice to the public interest or the parties concerned and the specific reasons for its findings of prejudice;" and (b) Include in the notice of adoption of any temporary rule a statement explaining the opportunity for judicial review of the validity of the rule as provided in ORS 183.400. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 183 History: LCDD 12-2010, f. & cert. ef. 12-8-10 LCCD 2-2004, f. & cert. ef. 5-7-04 LCDC 1-1995, f. & cert. ef. 1-4-95 LCD 7-1976, f. & ef. 6-4-76
660-001-0005 Model Rules of Procedure (1) Pursuant to the provisions of ORS 183.341, the Land Conservation and Development Commission adopts the Attorney General's Model Rules and Uniform Rules of Procedure under the Administrative Procedure Act, effective July 1, 2019, except for that portion of OAR 137-003-0092(2) regarding the number of calendar days allowed to act on a stay request. The number of calendar days allowed to act on a stay request shall be 75 days rather than 30 days. (2) Pursuant to the provisions of ORS 183.457 and OAR 137-003-0008, the Land Conservation and Development Commission authorizes parties and limited parties to contested case proceedings to be represented by an authorized representative, subject to the other requirements of ORS 183.457 and OAR 137-003-0008. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Land Conservation and Development Department.] Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 183.341 & ORS 183.457 History: LCDD 1-2023, amend filed 02/02/2023, effective 02/08/2023 LCDD 12-2010, f. & cert. ef. 12-8-10 LCDD 2-2002, f. & cert. ef. 9-23-02 LCDD 1-1999, f. & cert. ef. 1-6-99 LCDC 1-1996, f. & cert. ef. 4-3-96 LCDC 1-1995, f. & cert. ef. 1-4-95 LCDC 4-1992, f. & cert. ef. 7-30-92 LCDC 4-1990, f. & cert. ef. 8-14-90 LCDC 4-1988, f. & cert. ef. 9-29-88 LCDC 2-1986, f. & cert. ef. 4-25-86 LCDC 8-1983, f. & cert. ef. 11-23-83 LCD 11-1981, f. & cert. ef. 12-15-81 LCD 5-1978, f. & cert. ef. 3-24-78, Renumbered from 660-010-0005 LCD 3, f. 1-9-75, cert. ef. 2-11-75
660-001-0007 Request for Stay — Agency Determination Except as provided in OAR 660-001-0005(1) with regard to the number of calendar days allowed to act on a stay request, agency determinations concerning a request for a stay will be processed under OAR 137-003-0090 to 137-003-0092. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 183, 195, 196, 197 & OAR Ch. 137 History: LCDD 12-2010, f. & cert. ef. 12-8-10 LCDC 2-1985, f. & ef. 3-13-85
660-001-0105 Hearings Officer’s Authority and Respon­sibility Text in ORMS History: LCD 1-1978, f. & ef. 1-19-78 Reverted to LCD 1-1978, f. & ef. 1-19-78 Sunset on 09-28-2017 LCD 11(Temp), f. & ef. 9-16-77 thru 1-13-78
660-001-0201 Definitions The following definition, and the definitions in ORS 197.015 and 197.090(2)(e), apply to rules 660-001-0210 through 660-001-0220: "Affected local government" means the local government, as defined in ORS 197.015, that made or adopted the land use decision, expedited land division or limited land use decision at issue in the director's request under these rules. Statutory/Other Authority: ORS 197.040(1)(c) Statutes/Other Implemented: ORS 197.090 History: LCDD 12-2010, f. & cert. ef. 12-8-10 LCDD 1-2000, f. & cert. ef. 1-24-00
660-001-0210 Timing of Director’s Request (1) If a meeting of the commission is scheduled to occur six or fewer days before the close of the applicable appeal period, or the period for intervention in an appeal, the director shall seek commission approval before appealing, or intervening in, a land use decision, expedited land division or limited land use decision to the Land Use Board of Appeals. If the next scheduled meeting of the commission does not occur or a quorum of the commission is unavailable at the scheduled meeting, the department shall proceed as provided in section (2) of this rule. (2) If there is no commission meeting scheduled to occur six or fewer days before the close of the applicable appeal period, or the period for intervention in an appeal, the director may file, or intervene in, the appeal and report the action to the commission and request permission to pursue the appeal, or intervention, at the commission's next scheduled meeting. Statutory/Other Authority: ORS 197.040(1)(c) Statutes/Other Implemented: ORS 197.090 History: LCDD 12-2010, f. & cert. ef. 12-8-10 LCDD 1-2000, f. & cert. ef. 1-24-00
660-001-0220 Notice (1) When the director seeks commission approval to file or pursue an appeal, or an intervention in an appeal, of a land use decision, expedited land division or limited land use decision, the department shall provide written notice to the applicant and the affected local government. The notice shall: (a) Identify the land use decision, expedited land division or limited land use decision at issue; (b) Give the date and location of the commission meeting at which the director will seek commission approval to file or pursue an appeal, or an intervention in an appeal, of the identified action; (c) Inform the applicant and affected local government that each may provide written and oral testimony to the commission concerning whether to approve the director's request; and (d) Include a list of the factors in OAR 660-001-0230(3), on which all testimony and the commission's decision must be based. (2) The notice shall be mailed or sent by some other means such as fax or e-mail as soon as practicable after the department receives notice of the land use decision, expedited land division or limited land use decision at issue. Statutory/Other Authority: ORS 197.040(1)(c) Statutes/Other Implemented: ORS 197.090 History: LCDD 12-2010, f. & cert. ef. 12-8-10 LCDD 1-2000, f. & cert. ef. 1-24-00
660-001-0230 Commission Hearing (1) Only the director, or department staff on the director's behalf, the applicant and the affected local government may submit written or oral testimony concerning whether the commission should approve the director's request to file or pursue an appeal, or an intervention in an appeal, of a land use decision, expedited land division or limited land use decision. (2) Unless the director allows a closer deadline, written testimony must be submitted at least five days before the commission meeting to be provided to commission members in advance of the meeting. Written testimony shall be no more than five pages, including any attachments, and must be received in the Department's Salem office to be "submitted" by the deadline. If the time to submit written testimony under these rules falls on a Saturday, Sunday, or state legal holiday, the time to perform the obligation shall be shortened to the next day preceding that is not a Saturday, Sunday, or state legal holiday. (3) Written and oral testimony and the commission's decision to approve or deny the director's request shall be based on one, or more, of the following factors: (a) Whether the case will require interpretation of a statewide planning statute, goal, or rule; (b) Whether a ruling in the case will serve to clarify state planning law; (c) Whether the case has important enforcement value; (d) Whether the case concerns a significant natural, cultural, or economic resource; (e) Whether the case advances the objectives of the agency's Strategic Plan; or (f) Whether there is a better way to accomplish the objective of the appeal, such as dispute resolution, enforcement proceedings, or technical assistance. (4) The Chair shall limit the amount of time each speaker may testify, and shall exclude written or oral testimony not relevant to the factors in OAR 660-001-0230(3). (5) Unless the Chair establishes a different order, oral testimony will be presented in the following sequence: (a) Director, and/or department staff; (b) Applicant; (c) Affected local government; and (d) Director, and/or department staff. (6) No rebuttal or response is permitted, although the commissioners may question the director, department staff, the applicant, and the affected local government regarding the factors during the commission's deliberations. Statutory/Other Authority: ORS 197.040(1)(c) Statutes/Other Implemented: ORS 197.090 History: LCDD 12-2010, f. & cert. ef. 12-8-10 LCDD 1-2000, f. & cert. ef. 1-24-00
660-002-0005 Purpose This rule delegates to the Director of the Department of Land Conservation and Development (Director) certain duties and responsibilities in addition to those conferred upon the Director by ORS Chapter 197 and other administrative rules adopted by the Land Conservation and Development Commission (Commission). This rule further provides for review by the Commission of any action taken by the Director pursuant to this delegation of authority, except that all actions of the Director under OAR 660-002-0010(8) are final and will not be reviewed by the Commission unless legislation is enacted that appropriates funds for the payment of claims under Chapter 1, Oregon Laws 2005. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040, 197.045 & 197.090 History: LCDD 5-2005, f. & cert. ef. 8-12-05 LCDD 2-2005(Temp), f. & cert. ef. 3-18-05 thru 9-13-05 LCDC 5-1988, f. & cert. ef. 9-29-88 LCD 4-1978, f. & ef. 3-24-78
660-002-0010 Authority to Director In addition to the other duties and responsibilities conferred on the Director by ORS Chapter 197, the Director shall exercise and hereinafter be vested with authority to: (1) Assent to a modification of a planning extension or a compliance schedule of a city or county in accordance with ORS 197.251(2); (2) Condition a compliance schedule in accordance with ORS 197.252; (3) Approve a planning assistance grant agreement with a city or county, including modifications thereto; and (4) Request that the Commission schedule a hearing to consider an enforcement order if the Director has good cause to believe that any of the conditions exist as set forth in ORS 197.320(1) through (10); (5) Execute any written order, on behalf of the Commission, which has been consented to in writing by the parties adversely affected thereby; (6) Prepare and execute written orders, on behalf of the Commission, implementing any action taken by the Commission on any matter; (7) Establish procedures by which the Director shall periodically review and report to the Commission the status of comprehensive plans within each city and county; (8) Carry out the responsibilities and exercise the authorities of the Commission and DLCD in responding to claims under ORS 197.352 (2004 Ballot Measure 37) and Chapter 424, Oregon Laws 2007 (2007 Ballot Measure 49), including: (a) Review of claims made under ORS 197.352 and Chapter 424, Oregon Laws 2007; (b) Denial of claims under ORS 197.352 and Chapter 424, Oregon Laws 2007; and (c) Approval of claims under ORS 197.352 and Chapter 424, Oregon Laws 2007, except that the Director may approve a claim only by not applying the land use regulations that are the basis of the claim unless legislation is enacted that appropriates funds for the payment of claims under ORS 197.352 or Chapter 424, Oregon Laws 2007. Statutory/Other Authority: ORS 183, 195, 197 & 2007 OL Ch. 424 Statutes/Other Implemented: ORS 195.300 - 195.336, 197.040, 197.045, 197.090, 197.353 & 2007 OL Ch. 424 History: LCDD 4-2008, f. & cert. ef. 5-23-08 LCDD 2-2008(Temp), f. & cert. ef. 2-21-08 thru 6-10-08 LCDD 2-2007(Temp), f. & cert. ef. 12-10-07 thru 6-7-08 LCDD 5-2005, f. & cert. ef. 8-12-05 LCDD 2-2005(Temp), f. & cert. ef. 3-18-05 thru 9-13-05 LCDD 3-2004, f. & cert. ef. 5-7-04 LCDC 3-1990, f. & cert. ef. 6-6-90 LCDC 5-1988, f. & cert. ef. 9-29-88 LCDC 3-1983, f. & ef. 5-5-83 LCDC 2-1983(Temp), f. & ef. 2-9-83 LCD 4-1981, f. & ef. 4-3-81 LCD 1-1981, f. & ef. 2-23-81 LCDC 7-1980(Temp), f. & ef. 12-17-80 LCD 3-1979, f. & ef. 3-27-79 LCD 4-1978, f. & ef. 3-24-78
660-002-0015 Notice of Director’s Actions (1) The Director shall establish procedures which shall be reasonably calculated to provide notice to interested member of the public and other units of government of the Director's actions taken pursuant to OAR 660-002-0010. (2) The Director shall provide the Commission with a monthly report summarizing actions taken by the Director during the preceding month pursuant to this rule and any written public comments received by the Department which pertain to those actions. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040, 197.045 & 197.090 History: LCDD 4-2008, f. & cert. ef. 5-23-08 LCDD 2-2008(Temp), f. & cert. ef. 2-21-08 thru 6-10-08 LCDD 2-2007(Temp), f. & cert. ef. 12-10-07 thru 6-7-08 LCDD 5-2005, f. & cert. ef. 8-12-05 LCDD 2-2005(Temp), f. & cert. ef. 3-18-05 thru 9-13-05 LCDC 5-1988, f. & cert. ef. 9-29-88 LCD 4-1978, f. & ef. 3-24-78
660-002-0020 Commission Review of Director’s Action Under Rule 660-002-0005 (1) Any action of the Director pursuant to the authority vested in the Director pursuant to OAR 660-002-0010 shall be reviewed by the Commission upon petition filed by any “party” as defined in ORS 183.310(6) or upon its own motion, except that all actions of the Director under OAR 660-002-0010(8) are final and will not be reviewed by the Commission unless legislation is enacted that appropriates funds for the payment of claims under Chapter 1, Oregon Laws 2005. (2) Any petition filed pursuant to this section shall: (a) Contain the name, address, and telephone number of the petitioner and, if the petitioner is other than the governmental body directly affected by the action, a brief statement of the petitioner’s interest in the outcome of the action sought to be reviewed or of the public interest represented by the petitioner; (b) Specify the action of the Director to be reviewed, when that action was taken, the Commission action sought by the petitioner, and the reason why the Commission should so act in the matter; (c) Be filed with the Director or the Director's designee within fifteen days of the date of the taking of the action sought to be reviewed. (3) The Commission shall, by order within 60 days of the filing of the request, or within a period of time not to exceed 120 days if good cause therefore is shown, either affirm, reverse, or modify the action of the Director. The Director shall provide reasonable notice to all parties of the date, time, and place that the Commission will take action on the petition, and the manner in which such parties may express their views. (4) Any petition under this rule which is a contested case as defined in ORS 183.310 shall be governed by the Attorney General’s Model Rule of Procedure, OAR 660-001-0005. Statutory/Other Authority: ORS 183, 196 & 197 Statutes/Other Implemented: ORS 197.040, 197.045 & 197.090 History: LCDD 5-2005, f. & cert. ef. 8-12-05 LCDD 2-2005(Temp), f. & cert. ef. 3-18-05 thru 9-13-05 LCDC 3-1990, f. & cert. ef. 6-6-90 LCDC 5-1988, f. & cert. ef. 9-29-88 Reverted to LCD 4-1978, f. & ef. 3-24-78 LCDC 1-1985(Temp), f. & ef. 3-13-85 LCD 4-1978, f. & ef. 3-24-78
660-003-0015 Notice The department shall, in writing, provide notice of the procedures and time limits for making comments or objections and of the locations where the acknowledgment request documents can be inspected by the general public and specifically to the following (except as provided in OAR 660-003-0032 through 660-003-0050): (1) Affected agencies and districts identified by the local government or the department; (2) The Local Officials Advisory Committee (LOAC) and the State Citizen Involvement Advisory Committee (CIAC); (3) The county or regional planning agency acting as the local coordination body pursuant to ORS 195.025; (4) The chairpersons of the local Committee(s) for Citizen Involvement and other citizen advisory committees identified in the acknowledgment request pursuant to OAR 660-003-0010(2)(f); (5) Any other person(s) who have in writing to the department requested notice. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.251 History: LCDD 12-2010, f. & cert. ef. 12-8-10 LCDC 3-1990, f. & cert. ef. 6-6-90 LCD 13-1981, f. & ef. 12-15-81 LCD 9-1981(Temp), f. & ef. 10-1-81 LCD 8-1978, f. 6-30-78, ef. 7-2-78
660-003-0020 Comments and Objections (1) After notice of receipt of the acknowledgment request has been mailed there shall be a 45 day period to submit written comments or objections together with any additional evidence to the department. However, after notice of receipt of the acknowledgment request resubmitted subsequent to a continuance order has been mailed there shall be a time period determined by the director of at least 20 days to submit written comments or objections together with any additional evidence to the department. (2) Any person(s) commenting or objecting to an acknowledgment request are urged to send written copy of their comments or objection(s) to the local government which has requested acknowledgment. When an objection is based upon site-specific goal requirements as applied to particular properties, the person objecting is urged to send a written copy of the objection to those persons owning the property which is the subject of the objection. State agency and special district comments or objections shall be subject to the requirements of ORS 197.254. (3) The commission shall consider only those comments and objections to an acknowledgment request that allege that the local government's plan, ordinances or land use regulations do or do not comply with one or more of the goals. (4) Any comments and objections or additional evidence which is not received by the department within the time required by section (1) of this rule shall not be considered by the commission unless the commission determines that such evidence could not have been presented as required by section (1) of this rule. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.251 & 197.254 History: LCDD 12-2010, f. & cert. ef. 12-8-10 LCDC 3-1985, f. & ef. 7-2-85 LCD 13-1981, f. & ef. 12-15-81 LCD 9-1981(Temp), f. & ef. 10-1-81 LCD 8-1978, f. 6-30-78, ef. 7-2-78
660-003-0032 Expedited Review Upon Reconsideration or Consideration of a Subsequent Request for Acknowledgment (1) When the commission reconsiders an acknowledgment request pursuant to a continuance order, the commission may expedite the acknowledgment procedure by waiving, reducing or otherwise modifying the requirements of OAR 660-003-0010, 660-003-0015, and 660-003-0020; provided, however, that notice will be provided to the local government, the coordination body, those persons who have submitted comments or objections on this portion of the acknowledgment request in accordance with the requirement of 660-003-0020(1) and (2), those persons who request notice in writing, and a general newspaper notice. Upon resubmittal such notice shall state that there is at least a 20 day period to be determined by the director for submission of written comments or objections from the mailing of the notice of the receipt of the acknowledgment request. However, in the judgment of the director, where continuances involve relatively complex issues, the notice shall provide the maximum notice possible, up to 45 days. (2) When the commission reconsiders an acknowledgment request subsequent to a continuance order; the commission shall expedite the acknowledgment procedure by relying on the previous record and limiting additional comments and objections, affected agency comments, and the department's review to only those aspects of a city's or county's comprehensive plan or implementing ordinances previously identified by the commission as not being in compliance. (3) Upon receipt of corrections made pursuant to a continuance order submitted by a local government the department shall notify all persons who are entitled to notice of the local government's acknowledgment request under section (1) of this rule, of the time and place where the corrections may be inspected and the time within which objections or comments to the corrections must be submitted. (4) Written comments or objections to the corrections made pursuant to a continuance order by the commission shall be submitted to the department in accordance with OAR 660-003-0020. (5) The commission's review of corrections made pursuant to a continuance order or the commission's review of a new acknowledgment request made subsequent to a denial by the commission will be conducted in accordance with the requirements of OAR 660-003-0025. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.251 History: LCDD 12-2010, f. & cert. ef. 12-8-10 LCD 13-1981, f. & ef. 12-15-81 LCD 9-1981(Temp), f. & ef.10-1-81