justicedao/ipfs_state_laws huggingface dataset:
660-023-0220 Open Space (1) For purposes of this rule, “open space” includes parks, forests, wildlife preserves, nature reservations or sanctuaries, and public or private golf courses. (2) Local governments are not required to amend acknowledged comprehensive plans in order to identify new open space resources. If local governments decide to amend acknowledged plans in order to provide or amend open space inventories, the requirements of OAR 660-023-0030 through 660-023-0050 shall apply, except as set forth in section (3) of this rule. (3) Local governments may adopt a list of significant open space resource sites as an open space acquisition program. Local governments are not required to apply the requirements of OAR 660-023-0030 through 660-023-0050 to such sites unless land use regulations are adopted to protect such sites prior to acquisition. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.225 - 197.245 History: LCDC 2-1996, f. 8-30-96, cert. ef. 9-1-96
660-023-0230 Scenic Views and Sites (1) For purposes of this rule, “scenic views and sites” are lands that are valued for their aesthetic appearance. (2) Local governments are not required to amend acknowledged comprehensive plans in order to identify scenic views and sites. If local governments decide to amend acknowledged plans in order to provide or amend inventories of scenic resources, the requirements of OAR 660-023-0030 through 660-023-0050 shall apply. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.225 - 197.245 History: LCDC 2-1996, f. 8-30-96, cert. ef. 9-1-96
660-023-0240 Relationship of Goal 5 to Other Goals (1) The requirements of Goal 5 do not apply to the adoption of measures required by Goals 6 and 7. However, to the extent that such measures exceed the requirements of Goals 6 or 7 and affect a Goal 5 resource site, the local government shall follow all applicable steps of the Goal 5 process. (2) The requirements of Goals 15, 16, 17, and 19 shall supersede requirements of this division for natural resources that are also subject to and regulated under one or more of those goals. However, local governments may rely on a Goal 5 inventory produced under OAR 660-023-0030 and other applicable inventory requirements of this division to satisfy the inventory requirements under Goal 17 for resource sites subject to Goal 17. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.225 - 197.245 History: LCDC 2-1996, f. 8-30-96, cert. ef. 9-1-96
660-024-0000 Purpose and Applicability (1) The rules in this division clarify procedures and requirements of Goal 14 regarding a local government adoption or amendment of an urban growth boundary (UGB). The rules in this division do not apply to the simplified UGB process under OAR chapter 660, division 38. (2) The rules in this division interpret Goal 14 as amended by the Land Conservation and Development Commission (LCDC or commission) on or after April 28, 2005, and are not applicable to plan amendments or land use decisions governed by previous versions of Goal 14 still in effect. (3) The rules in this division adopted on October 5, 2006, are effective April 5, 2007. The rules in this division amended on March 20, 2008, are effective April 18, 2008. The rules in this division adopted March 13, 2009, and amendments to rules in this division adopted on that date, are effective April 16, 2009, except as follows: (a) A local government may choose to not apply this division to a plan amendment concerning the evaluation or amendment of a UGB, regardless of the date of that amendment, if the local government initiated the evaluation or amendment of the UGB prior to April 5, 2007; (b) For purposes of this rule, "initiated" means that the local government either: (A) Issued the public notice specified in OAR 660-018-0020 for the proposed plan amendment concerning the evaluation or amendment of the UGB; or (B) Received LCDC approval of a periodic review work program that includes a work task to evaluate the UGB land supply or amend the UGB; (c) A local government choice whether to apply this division must include the entire division and may not differ with respect to individual rules in the division. (4) The rules in this division adopted on December 4, 2015, are effective January 1, 2016, except that a local government may choose to not apply the amendments to rules in this division adopted December 4, 2015 to a plan amendment concerning the amendment of a UGB, regardless of the date of that amendment, if the local government initiated the amendment of the UGB prior to January 1, 2016. Statutory/Other Authority: ORS 197.040 & Statewide Planning Goal 14 Statutes/Other Implemented: ORS 195.036, 197.015, 197.295 - 197.314, 197.610 - 197.650 & 197.764 History: LCDD 6-2015, f. 12-29-15, cert. ef. 1-1-16 LCDD 2-2009, f. 4-8-09, cert. ef. 4-16-09 LCDD 8-2006, f. 10-19-06, cert. ef. 4-5-07
660-024-0010 Definitions In this division, the definitions in the statewide goals and the following definitions apply: (1) “Allocated housing need” has the meaning provided in ORS 197A.015(1). (2) “Buildable Land” has the same meaning as provided in OAR 660-008-0005(7). (3) “Density” means the number of dwelling units per net buildable acre. (4) “EOA” means an economic opportunities analysis carried out under OAR 660-009-0015. (5) “Needed housing” has the meaning provided in ORS 197A as follows: (a) For local governments outside Metro, “needed housing” has the meaning provided in ORS 197A.018. (b) For Metro and local governments within Metro, “needed housing” has the meaning provided in ORS 197A.348. (6) “Local government” means a city or county, or a metropolitan service district described in ORS 197.015(13). (7) “Metro boundary” means the boundary of a metropolitan service district described in ORS 197.015(14). (8) “Neighborhood-serving Commercial” refers to pedestrian-oriented, small-scale commercial development intended to serve surrounding residential areas. (9) “Net Buildable Acre” consists of 43,560 square feet of residentially designated buildable land, after excluding future rights-of-way for streets and roads. (10) “Safe harbor” means an optional course of action that a local government may use to satisfy a requirement of Goal 14. Use of a safe harbor prescribed in this division will satisfy the requirement for which it is prescribed. A safe harbor is not the only way or necessarily the preferred way to comply with a requirement, and it is not intended to interpret the requirement for any purpose other than applying a safe harbor within this division. (11) “UGB” means” “urban growth boundary.” (12) “Urban area” means the land within a UGB. Statutory/Other Authority: ORS 197.040 & Statewide Planning Goal 14 Statutes/Other Implemented: ORS 195.036, ORS 197.015, ORS 197.610 - 197.650, ORS 197.478, ORS 197A.015, ORS 197A.20, ORS 197A.200, ORS 197A.215, ORS 197A.278, ORS 197A.348 - 197A.355, ORS 197A.362, ORS 197A.370 - 197A.400, ORS 197A.425, ORS 197A.445, ORS 197A.465 & ORS 197A.470 History: LCDD 8-2025, amend filed 12/23/2025, effective 01/01/2026 LCDD 2-2009, f. 4-8-09, cert. ef. 4-16-09 LCDD 8-2006, f. 10-19-06, cert. ef. 4-5-07
660-024-0020 Adoption or Amendment of a UGB (1) All statewide goals and related administrative rules are applicable when establishing or amending a UGB, except as follows: (a) The exceptions process in Goal 2 and OAR chapter 660, division 4, is not applicable unless a local government chooses to take an exception to a particular goal requirement, for example, as provided in OAR 660-004-0010(1); (b) Goals 3 and 4 are not applicable; (c) Goal 5 and related rules under OAR chapter 660, division 23, apply only in areas added to the UGB, except as required under OAR 660-023-0070 and 660-023-0250; (d) The transportation planning rule requirements under OAR 660-012-0060 need not be applied to a UGB amendment if the land added to the UGB is zoned as urbanizable land, either by retaining the zoning that was assigned prior to inclusion in the boundary or by assigning interim zoning that does not allow development that would generate more vehicle trips than development allowed by the zoning assigned prior to inclusion in the boundary; (e) Goal 15 is not applicable to land added to the UGB unless the land is within the Willamette River Greenway Boundary; (f) Goals 16 to 18 are not applicable to land added to the UGB unless the land is within a coastal shorelands boundary; (g) Goal 19 is not applicable to a UGB amendment. (2) The UGB and amendments to the UGB must be shown on the city and county plan and zone maps at a scale sufficient to determine which particular lots or parcels are included in the UGB. Where a UGB does not follow lot or parcel lines, the map must provide sufficient information to determine the precise UGB location. Statutory/Other Authority: ORS 197.040 & Statewide Planning Goal 14 Statutes/Other Implemented: ORS 195.036, 197.015, 197.295 - 197.314, 197.610 - 197.650 & 197.764 History: LCDD 2-2009, f. 4-8-09, cert. ef. 4-16-09 LCDD 8-2006, f. 10-19-06, cert. ef. 4-5-07
660-024-0080 LCDC Review Required for UGB Amendments A metropolitan service district that amends its UGB to include more than 100 acres, or a city with a population of 2,500 or more within its UGB that amends the UGB to include more than 50 acres shall submit the amendment to the Commission in the manner provided for periodic review under ORS 197.628 to 197.650 and OAR 660-025-0175. Statutory/Other Authority: ORS 197.040 & Other Auth. Statewide Planning Goal 14 Statutes/Other Implemented: ORS 197.626 History: LCDD 2-2009, f. 4-8-09, cert. ef. 4-16-09
660-025-0010 Purpose The purpose of this division is to carry out the state policy outlined in ORS 197.010 and 197.628. This division is intended to implement provisions of ORS 197.626 through 197.651. The purpose for periodic review is to ensure that comprehensive plans and land use regulations remain in compliance with the statewide planning goals adopted pursuant to ORS 197.230, the commission's rules and applicable land use statutes. Periodic review also is intended to ensure that local government plans and regulations make adequate provision for economic development, needed housing, transportation, public facilities and services, and urbanization, and that local plans are coordinated as described in ORS 197.015(5). Periodic Review is a cooperative planning process that includes the state and its agencies, local governments, and other interested persons. Statutory/Other Authority: ORS 197.040 & 197.633 Statutes/Other Implemented: ORS 197.010 & 197.626 - 197.651 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 3-2004, f. & cert. ef. 5-7-04 LCDD 3-2000, f. & cert. ef. 2-14-00 LCDC 1-1992, f. & cert. ef. 1-28-92
660-025-0020 Definitions For the purposes of this division, the definitions contained in ORS 197.015, 197.303, and 197.747 shall apply unless the context requires otherwise. In addition, the following definitions apply: (1) "Filed" or "Submitted" means that the required documents have been received by the Department of Land Conservation and Development at its Salem, Oregon, office. (2) "Final Decision" means the completion by the local government of a work task on an approved work program, including the adoption of supporting findings and any amendments to the comprehensive plan or land use regulations. A decision is final when the local government's decision is transmitted to the department for review. (3) "Metropolitan planning organization" means an organization located wholly within the State of Oregon and designated by the Governor to coordinate transportation planning in an urbanized area of the state pursuant to 49 USC § 5303(c). (4) "Objection" means a written complaint concerning the adequacy of an evaluation, proposed work program, or completed work task. (5) "Participated at the local level" means to have provided substantive comment, evidence, documents, correspondence, or testimony to the local government during the local proceedings regarding a decision on an evaluation, work program or work task. (6) "Regional Solutions Team" means a team described in ORS 284.754. (7) "Work Program" means a detailed listing of tasks necessary to revise or amend the local comprehensive plan or land use regulations to ensure the plan and regulations achieve the statewide planning goals. A work program must indicate the date that each work task must be submitted to the department for review. (8) "Work Task" or "task" means an activity that is included on an approved work program and that generally results in an adopted amendment to a comprehensive plan or land use regulation. Statutory/Other Authority: ORS 197.040 & 197.633 Statutes/Other Implemented: ORS 197.015 & 197.628 - 197.646 History: 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 3-2000, f. & cert. ef. 2-14-00 LCDC 6-1995, f. & cert. ef. 6-16-95 LCDC 1-1992, f. & cert. ef. 1-28-92
660-025-0030 Periodic Review Schedule (1) The commission must approve, and update as necessary, a schedule for periodic review. The schedule must include the date when the department, pursuant to ORS 197.629, must send a local government a letter requesting the local government to commence the periodic review process. (2) Except as provided in OAR 660-038-0020(15), the schedule developed by the commission must reflect the following: (a) A city with a population of more than 2,500 within a metropolitan planning organization or a metropolitan service district shall conduct periodic review every seven years after completion of the previous periodic review. (b) A city with a population of 10,000 or more inside its urban growth boundary that is not within a metropolitan planning organization shall conduct periodic review every 10 years after completion of the previous periodic review. (c) 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. (d) Notwithstanding subsection (c) 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. (3) The commission may establish a schedule that varies from the standards in section (2) of this rule if necessary to coordinate approved periodic review work programs or to account for special circumstances. The commission may schedule a local government's periodic review earlier than provided in section (2) of this rule if necessary to ensure that all local governments in a region whose land use decisions would significantly affect other local governments in the region are conducting periodic review concurrently, but not sooner than five years after completion of the previous periodic review. (4) The director must maintain and implement the schedule. Copies of the schedule must be provided upon request. (5) A city that is granted an exception to the requirements of this rule by OAR 660-038-0020(15) must complete an update of its comprehensive plan and land use regulations as provided in OAR 660-038-0210. Statutory/Other Authority: ORS 197.040 & 197.633 Statutes/Other Implemented: ORS 197.628 - 197.646 History: LCDD 3-2017, f. & cert. ef. 2-28-17 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
660-025-0040 Exclusive Jurisdiction of LCDC (1) The commission, pursuant to ORS 197.644(2), has exclusive jurisdiction for review of completed periodic review work tasks for compliance with the statewide planning goals and applicable statutes and administrative rules, as provided in ORS 197.633(3). The director also has authority to review the periodic review evaluation, work program and completed work tasks, as provided in ORS 197.633 and 197.644. (2) Pursuant to ORS 197.626, the commission has exclusive jurisdiction for review of the following final decisions for compliance with the statewide planning goals: (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 including a sequential component as provided in ORS 197.626(3) and OAR 660-025-0185, 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. (3) A final order of the commission pursuant to sections (1) or (2) of this rule may be subject to judicial review in the manner provided in applicable provisions of ORS 197.650 and 197.651. (4) The director may transfer one or more matters arising from review of a work task, urban growth boundary amendment or designation or amendment of an urban reserve area to the Land Use Board of Appeals pursuant to ORS 197.825(2)(c)(A) and OAR 660-025-0250. Statutory/Other Authority: ORS 197.040 & ORS 197.633 Statutes/Other Implemented: ORS 195.145, ORS 197.628 - 197.646, ORS 197.825, ORS 197A.325 & ORS 197.626 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 1-2008, f. & cert. ef. 2-13-08 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 LCDC 6-1995, f. & cert. ef. 6-16-95 LCDC 1-1992, f. & cert. ef. 1-28-92
660-025-0050 Commencing Periodic Review (1) The department must commence the periodic review process by sending a letter to the local government pursuant to OAR 660-025-0030 or 660-025-0035. The department may provide advance notice to a local government of the upcoming review and must encourage local governments to review their citizen involvement provisions prior to beginning periodic review. (2) The periodic review commencement letter must include the following information: (a) A description of the requirements for citizen involvement, evaluation of the plan and preparation of a work program; (b) The date the local government must submit the evaluation and work program or evaluation and decision that no work program is required; (c) Applicable evaluation forms; and (d) Other information the department considers relevant. (3) The director must provide copies of the materials sent to the local government to interested persons upon written request. 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
660-025-0060 Periodic Review Assistance Team(s) (1) The director may create one or more Periodic Review Assistance Team(s) to coordinate state, regional or local public agency comment, assistance, and information into the evaluation and work program development process. The director must seek input from agencies, regional governments and local governments on the membership of Periodic Review Assistance Team(s). (2) Members of the Periodic Review Assistance Team will provide, as appropriate: (a) Information relevant to the periodic review process; (b) New and updated information; (c) Technical and professional land use planning assistance; or (d) Coordinated evaluation and comment from state agencies. (3) Membership. The Periodic Review Assistance Team may include representatives of state agencies with programs affecting land use described in ORS 197.180, and representatives of regional or local governments who may have an interest in the review. (4) Meetings. The Periodic Review Assistance Team shall meet as necessary to provide information and advice to a local government in periodic review. (5) Authority. The Periodic Review Assistance Team shall be an advisory body. The team may make recommendations concerning an evaluation, a work program or work task undertaken pursuant to an approved work program. The team may also make recommendations to cities, counties, state agencies and the commission regarding any other issues related to periodic review. (6) In addition to the Periodic Review Assistance Team(s), the department may utilize the Regional Solutions Team or institute an alternative process for coordinating agency participation in the periodic review of comprehensive plans. (7) The commission must consider the recommendations, if any, of the Periodic Review Assistance Team(s). Statutory/Other Authority: ORS 197.040 & 197.633 Statutes/Other Implemented: ORS 197.628 - 197.646 History: LCDD 2-2016, f. & cert. ef. 2-10-16 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
660-025-0070 Need for Periodic Review (1) The following conditions indicate the need for periodic review of comprehensive plans and land use regulations when periodic review is required under OAR 660-025-0030: (a) There has been a substantial change in circumstances including but not limited to the conditions, findings, or assumptions upon which the comprehensive plan or land use regulations were based, so that the comprehensive plan or land use regulations do not comply with the statewide planning goals relating to economic development, needed housing, transportation, public facilities and services and urbanization; (b) Decisions based on acknowledged comprehensive plan and land use regulations are inconsistent with the goals relating to economic development, needed housing, transportation, public facilities and services and urbanization; (c) There are issues of regional or statewide significance, intergovernmental coordination, or state agency plans or programs affecting land use which must be addressed in order to bring comprehensive plans and land use regulations into compliance with the goals relating to economic development, needed housing, transportation, public facilities and services and urbanization; or (d) The local government, commission or department determines that the existing comprehensive plan and land use regulations are not achieving the statewide planning goals relating to economic development, needed housing, transportation, public facilities and services and urbanization. (2) When a local government requests initiation of periodic review under OAR 660-025-0035, the need for periodic review may be based on factors not contained in section (1) of this rule and the scope of such a periodic review may be more limited than would be the case for scheduled periodic review under 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 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 1-1992, f. & cert. ef. 1-28-92