justicedao/ipfs_state_laws huggingface dataset:
660-046-0300 Purpose of Infrastructure-Based Time Extension Request Process OAR 660-046-0300 to OAR 660-046-0370 establish the form and substance of the IBTER application and review process. The purpose of these rules is to provide submittal requirements, including required data and analyses that a local government must submit with an IBTER, prescribe when a local government is eligible for a time extension in response to an IBTER, and to provide the evaluation process and criteria that the department will use to review IBTERs and issue Time Extensions. Statutory/Other Authority: ORS 197.040 & OR Laws 2019, chapter 639, section 4(6) Statutes/Other Implemented: ORS 197.758 & OR Laws 2019, chapter 639, sections 3 and 4 History: LCDD 14-2020, adopt filed 08/07/2020, effective 08/07/2020
660-046-0310 Entities Eligible to Apply Local governments, as defined in OAR 660-046-0320, may submit an IBTER. Statutory/Other Authority: ORS 197.040 & OR Laws 2019, chapter 639, section 4(6) Statutes/Other Implemented: ORS 197.758 & OR Laws 2019, chapter 639, sections 3 and 4 History: LCDD 14-2020, adopt filed 08/07/2020, effective 08/07/2020
660-046-0370 Duration of Time Extension (1) As provided in OAR 660-046-0350(3)(f)(A), the IBTER must specify when the local government intends to correct the significant infrastructure deficiency. The IBTER must provide a detailed timeline for a complete plan of action that will remedy the significant infrastructure deficiency, which may include phased infrastructure improvements and contingent actions and timelines based on circumstances outside the control of the local government. (2) If, for reasons beyond the control of the local government, the local government cannot complete an approved remediation plan by the deadline specified in the time extension decision, the local government, prior to the expiration date of a time extension, may prepare an amended remediation plan and submit the plan for department consideration. With the exception of application deadlines specified in OAR 660-046-0350(1), the amended remediation plan must be consistent with the provisions of OAR 660-046-0300 through OAR 660-046-0370. The amended remediation plan must explain why the initial approved plan could not be completed on schedule. Department review of the amended remediation plan is not subject to the completeness review period specified in OAR 660-046-0350(2), nor the required decision timelines in OAR 660-046-0360(4). Otherwise, the review process and criteria for the amended remediation plan must be consistent with the requirements of OAR 660-046-0360. Additionally, the department shall evaluate the following considerations in review of any amended remediation plan: (a) Whether the local government anticipated or reasonably should have anticipated the contingencies causing delay in the initial remediation plan; (b) Whether additional delay in the enactment of middle housing allowances is warranted; and (c) Whether the allowance for middle housing in the subject area would provide an opportunity for other parties to construct the necessary infrastructure as needed in association with middle housing development. (3) Upon the expiration date of a time extension, the local government must either enact development code regulations implementing middle housing or apply the model code, as applicable, per OAR 660-046-0100 or OAR 660-046-0200. Statutory/Other Authority: ORS 197.040 & OR Laws 2019, chapter 639, section 4(6) Statutes/Other Implemented: ORS 197.758 & OR Laws 2019, chapter 639, sections 3 and 4 History: LCDD 14-2020, adopt filed 08/07/2020, effective 08/07/2020
661-001-0000 Notice of Proposed Rulemaking Prior to adoption, amendment or repeal of any rule, the Land Use Board of Appeals shall give notice of the intended action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date. (2) By mailing a copy of notice to persons on the Land Use Board of Appeals' mailing list established pursuant to ORS 183.335(8) at least 28 days prior to the effective date. (3) By mailing or furnishing a copy of the notice to members of the House of Representatives and the Senate required by ORS 183.335(15). (4) By mailing or furnishing a copy of the notice to: (a) Associated Press; (b) Association of Oregon Counties; (c) League of Oregon Cities; (d) Oregon Business & Industry; (e) Home Builders Association of Metropolitan Portland; (f) Oregon Home Builders Association; (g) 1000 Friends of Oregon; (h) Oregon Property Owners Association; (i) Oregon Association of Realtors; (j) Oregon State Bar, Real Estate and Land Use Section; and (k) Oregon Department of Land Conservation and Development. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183 History: LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022 LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10 LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02 LUBA 3-1980, f. & ef. 8-6-80 LUBA 1-1980(Temp), f. & ef. 4-22-80
661-001-0005 Model Rules of Procedure The Land Use Board of Appeals adopts by reference division 1 of the Oregon State Attorney General’s Model Rule. Statutory/Other Authority: ORS 183 History: LUBA 1-1981, f. & ef. 4-24-81
661-010-0000 Introduction Scope of Rules and Effective Date: All proceedings commenced by a notice of intent to appeal filed on or after January 1, 2026, shall be governed by these rules. Proceedings commenced before January 1, 2026, shall be governed by OAR 661-010-0005 through OAR 661-010-0075 as effective on the date the notice of intent to appeal was filed. Statutory/Other Authority: ORS 197.820(4) Statutes/Other Implemented: ORS 197.805 History: LUBA 2-2025, amend filed 12/10/2025, effective 01/01/2026 LUBA 1-2025, amend filed 01/07/2025, effective 01/15/2025 LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024 LUBA 1-2024, amend filed 03/20/2024, effective 04/01/2024 LUBA 5-2023, amend filed 12/20/2023, effective 01/01/2024 LUBA 3-2023, temporary amend filed 10/11/2023, effective 10/11/2023 through 12/31/2023 LUBA 2-2023, temporary amend filed 09/21/2023, effective 09/25/2023 through 12/31/2023 LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022 LUBA 2-2022, temporary amend filed 01/26/2022, effective 02/01/2022 through 07/30/2022 LUBA 1-2021, amend filed 06/29/2021, effective 07/01/2021 LUBA 1-2019, amend filed 12/24/2019, effective 01/01/2020 LUBA 1-2018, amend filed 12/28/2018, effective 01/01/2019 LUBA 1-2016, f. 12-22-16, cert. ef. 1-1-17 LUBA 1-2014, f. & cert. ef. 2-26-14 LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10 LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02 LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98 LUBA 1-1994, f. & cert. ef. 6-22-94 LUBA 2-1992, f. & cert. ef. 3-19-92 LUBA 1-1992, f. & cert. ef. 1-21-92 LUBA 1-1987, f. & ef. 12-30-87 Reverted to LUBA 1-1983, f. & ef. 10-3-83 LUBA 2-1983(Temp), f. & ef. 10-5-83 LUBA 1-1983, f. & ef. 10-3-83 LUBA 2-1980, f. & ef. 4-29-80 LUBA 1-1979(Temp), f. & ef. 11-1-79
661-010-0005 Purpose These rules are intended to promote the speediest practicable review of land use decisions and limited land use decisions, in accordance with ORS 197.805-197.855, while affording all interested persons reasonable notice and opportunity to intervene, reasonable time to prepare and submit their cases, and a full and fair hearing. The rules shall be interpreted to carry out these objectives and to promote justice. Technical violations not affecting the substantial rights of parties shall not interfere with the review of a land use decision or limited land use decision. Failure to comply with the time limit for filing a notice of intent to appeal under OAR 661-010-0015(1), a motion to intervene under OAR 661-010-0050(2), or a petition for review under OAR 661-010-0030(1), or to respond to an order to show cause under OAR 661-010-0011, is not a technical violation. Statutory/Other Authority: ORS 197.820(4) Statutes/Other Implemented: ORS 197.805 History: LUBA 2-2025, amend filed 12/10/2025, effective 01/01/2026 LUBA 1-2016, f. 12-22-16, cert. ef. 1-1-17 LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02 LUBA 1-1994, f. & cert. ef. 6-22-94 LUBA 2-1992, f. & cert. ef. 3-19-92 LUBA 1-1992, f. & cert. ef. 1-21-92 LUBA 1-1987, f. & ef. 12-30-87 LUBA 1-1983, f. & ef. 10-3-83 LUBA 2-1980, f. & ef. 4-29-80 LUBA 1-1979(Temp), f. & ef. 11-1-79
661-010-0010 Definitions In these rules, unless the context or subject matter requires otherwise: (1) “Applicant” means the person who requested that the governing body take an action which resulted in a land use decision or limited land use decision. (2) “Board” means the Land Use Board of Appeals or any member thereof. (3) “Final decision”: A decision becomes final when it is reduced to writing and bears the necessary signatures of the decision maker(s), unless a local rule or ordinance specifies that the decision becomes final at a later date, in which case the decision is considered final as provided in the local rule or ordinance. (4) “Final decision maker” means the governing body, or a person, commission or other entity authorized by the governing body, that makes the final decision. (5) “Governing body” means a city, county or special district governing body, or a state agency. (6) “Land use decision” has the meaning given the term in ORS 197.015. (7) “Lead Intervenor” means the intervenor designated as the contact person for the purpose of receiving documents from the Board and other parties, when two or more intervenors join in a single motion to intervene and are unrepresented by an attorney. See OAR 661-010-0012(6)(b). (8) “Lead Petitioner” means the petitioner designated as the contact person for the purpose of receiving documents from the Board and other parties, when two or more petitioners are unrepresented by an attorney. See OAR 661-010-0012(6)(a). (9) “Limited land use decision” has the meaning given the term in ORS 197.015. (10) “Notice” means the notice of intent to appeal and refers to the document that must be filed with the Board in order to begin a review proceeding. (11) “Party” means the petitioner, the governing body, and any person who intervenes as provided in OAR 661-010-0050. “Party” does not include a state agency that files a brief under ORS 197.830(8) or an amicus participating under OAR 661-010-0052. Statutory/Other Authority: ORS 197.820(4) Statutes/Other Implemented: ORS 197.015(2), 197.015(10), 197.015(12) & 197.805 History: LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022 LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02 LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98 LUBA 1-1994, f. & cert. ef. 6-22-94 LUBA 2-1992, f. & cert. ef. 3-19-92 LUBA 1-1992, f. & cert. ef. 1-21-92 LUBA 1-1987, f. & ef. 12-30-87 LUBA 1-1983, f. & ef. 10-3-83 LUBA 2-1980, f. & ef. 4-29-80 LUBA 1-1979(Temp), f. & ef. 11-1-79
661-010-0011 Administrative Rule Compliance (1) The Board may, on its own motion, dismiss a party for lack of prosecution. (2) A party will be dismissed for lack of prosecution if: (a) The party has failed to comply with these rules of procedure; (b) The Board has mailed a notice of noncompliance to the noncompliant party at the mailing address provided for such party in the notice of intent to appeal, motion to intervene, or notice of representation; (c) The Board has not received a satisfactory response to the notice of noncompliance from the noncompliant party; (d) The Board has issued an order to show cause why the noncompliant party should not be dismissed; and (e) The Board has not received a satisfactory response to the order to show cause from the noncompliant party. Statutory/Other Authority: ORS 197.820(4)(a) & ORS 197.820(4)(b) Statutes/Other Implemented: ORS 197.830(9), ORS 197.830(13)(a) & ORS 197.830(15) History: LUBA 2-2025, adopt filed 12/10/2025, effective 01/01/2026
661-010-0029 Citations to Board Decisions Citations to Board decisions shall be in the following form: (1) For a Final Opinion and Order and Orders included in LUBA Reporter volumes 1 through 81: John Doe v. XYZ County, 5 Or LUBA 654 (1981). (2) For an Order not included in LUBA Reporter volumes 1 through 81: John Doe v. XYZ County, LUBA No 80-123 (Feb 15, 1981) (slip order at 4). (3) For a Final Opinion and Order issued after December 31, 2020: John Doe v. XYZ County, LUBA No 2020-987 (Jan 1, 2021) (slip op at 7). (4) For a Published Order issued after December 31, 2020: John Doe v. XYZ County, LUBA No 2021-835 (Mar 15, 2021) (order at 2). Statutory/Other Authority: ORS 197.820(4) Statutes/Other Implemented: ORS 197.830(13)(a) History: LUBA 2-2025, adopt filed 12/10/2025, effective 01/01/2026
661-010-0038 State Agency Briefs A state agency that wishes to file a brief under ORS 197.830(8) shall file the brief within the time required for respondent’s brief. A state agency brief shall have yellow front and back covers. A state agency brief shall follow the form prescribed for the petition for review, but need not contain the final decision and may, if the state agency is arguing in favor of the respondent’s position, follow the form prescribed for the respondent’s brief. A state agency brief shall be accompanied by a filing fee of $100. Statutory/Other Authority: ORS 197.820(4) Statutes/Other Implemented: ORS 197.830(8) History: LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024 LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022 LUBA 2-2022, temporary amend filed 01/26/2022, effective 02/01/2022 through 07/30/2022 LUBA 1-2022, temporary amend filed 01/25/2022, effective 02/01/2022 through 07/30/2022 LUBA 2-2009, f. 12-30-09, cert. ef. 1-1-10 LUBA 1-2009(Temp), f. & cert. ef. 8-5-09 thru 12-31-09 LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02 LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98 LUBA 1-1994, f. & cert. ef. 6-22-94 LUBA 1-1987, f. & ef. 12-30-87 LUBA 1-1983, f. & ef. 10-3-83
661-010-0039 Reply Brief A reply brief shall be permitted. A reply brief shall be filed within seven days of the date the respondent's brief is filed. A reply brief shall be confined to responses to arguments in the respondent's brief, state agency brief, or amicus brief, but shall not include new assignments of error or advance new bases for reversal or remand. A reply brief shall not exceed 1,000 words, exclusive of appendices, unless permission for a longer reply brief is given by the Board. If a party does not have access to a word-processing system that provides a word count, a reply brief is acceptable if it does not exceed four pages. A reply brief must include the certificate of compliance required by OAR 661-010-0030(2)(k). A reply brief shall have gray front and back covers. Statutory/Other Authority: ORS 197.820(4) Statutes/Other Implemented: ORS 197.830(13)(a) History: LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024 LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022 LUBA 2-2022, temporary amend filed 01/26/2022, effective 02/01/2022 through 07/30/2022 LUBA 1-2022, temporary amend filed 01/25/2022, effective 02/01/2022 through 07/30/2022 LUBA 1-2018, amend filed 12/28/2018, effective 01/01/2019 LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10 LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02 LUBA 1-1994, f. & cert. ef. 6-22-94 LUBA 1-1987, f. & ef. 12-30-87
661-010-0043 Conferences On its own motion or at the request of any party, the Board may conduct one or more conferences. Conferences may be by video conference call. The Board shall provide reasonable notice advising all parties of the time, place and purpose of any conference. Statutory/Other Authority: ORS 197.820(4) Statutes/Other Implemented: ORS 197.830(13)(a) History: LUBA 2-2025, adopt filed 12/10/2025, effective 01/01/2026
661-010-0046 Taking Official Notice (1) Grounds for Taking Official Notice: The Board may take official notice of relevant law as defined in ORS 40.090. (2) Motions to Take Official Notice: (a) A motion to take official notice shall contain a statement explaining with particularity what the material sought to be noticed is intended to establish, how it is relevant to an issue on appeal, and the authority for notice under ORS 40.090. The motion to take official notice evidence shall be filed in writing and as a separate document and shall not be contained within a brief or other filing. (b) A motion to take official notice is unnecessary where the items in ORS 40.090(7) are relied upon in the decision, are within or cited to in the record, or are included with a petition for review according to OAR 661-010-0030(4)(f). (3) Any party may file a response within 14 days of the date of service of the motion to take official notice. Statutory/Other Authority: ORS 197. 820(4) Statutes/Other Implemented: ORS 40.090 History: LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024 LUBA 1-2023, minor correction filed 03/27/2023, effective 03/27/2023 LUBA 3-2022, adopt filed 07/20/2022, effective 08/01/2022
661-010-0052 Amicus Participation (1) A person or organization may appear as amicus only by permission of the Board on written motion. The motion shall set forth the interest of the movant and state reasons why a review of relevant issues would be significantly aided by participation of the amicus. A copy of the motion shall be served on all parties to the proceeding. (2) Appearance as amicus shall be by brief only, unless the Board specifically authorizes or requests oral argument. An amicus brief shall be subject to the same rules as those governing briefs of parties to the appeal. Where amicus is aligned with the interests of the petitioner(s), the amicus brief is due seven days after the date the petition for review is due. In all other circumstances, the amicus brief is due within the time required for filing respondent's brief. No filing fee is required. An amicus brief shall have green front and back covers. Statutory/Other Authority: ORS 197.820(4) Statutes/Other Implemented: ORS 197.805 & ORS 197.830(13)(a) History: LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024 LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022 LUBA 2-2022, temporary amend filed 01/26/2022, effective 02/01/2022 through 07/30/2022 LUBA 1-2022, temporary amend filed 01/25/2022, effective 02/01/2022 through 07/30/2022 LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10 LUBA 1-1994, f. & cert. ef. 6-22-94 LUBA 1-1987, f. & ef. 12-30-87
661-010-0055 Consolidation The Board, at the request of any party or on its own motion, may consolidate two or more proceedings, provided the proceedings seek review of the same or closely related land use decision(s) or limited land use decision(s). A request for consolidation may be accompanied by written consent by all parties. A request that is not accompanied by written consent by all parties to the requested consolidation shall state whether all parties to the appeal have agreed to the motion for consolidation, orally or otherwise. Consolidation of appeals does not affect the status of the parties to each appeal. See OAR 661-010-0050(4). Statutory/Other Authority: ORS 197.820(4) Statutes/Other Implemented: ORS 197.805 History: LUBA 2-2025, amend filed 12/10/2025, effective 01/01/2026 LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022 LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10 LUBA 2-1992, f. & cert. ef. 3-19-92 LUBA 1-1992, f. & cert. ef. 1-21-92 LUBA 1-1987, f. & ef. 12-30-87 LUBA 1-1983, f. & ef. 10-3-83 LUBA 2-1980, f. & ef. 4-29-80 LUBA 1-1979(Temp), f. & ef. 11-1-79
661-010-0065 Motions (1) When Motion is Appropriate: Unless these rules or applicable statutes provide another form of application, a request for an order or relief shall be made by filing a motion in writing for such order or relief. A motion shall show proof of service on all parties. (2) Time of Filing: A party seeking to challenge the failure of an opposing party to comply with any of the requirements of statutes or Board rules shall make the challenge by motion filed with the Board and served on all parties within 14 days after the moving party obtains knowledge of such alleged failure. However, motions to dismiss for lack of jurisdiction may be filed at any time. An opposing party may, within 14 days from the date of service of a motion, file a response , except as allowed by OAR 661-010-0040(5)(d)(B) for responses to motions for in-person oral argument. (3) How Submitted: Parties shall submit all motions without oral argument unless otherwise directed by the Board. All motions must be filed as a separate document and shall not be included with any other filing. A party that desires a telephone conference on a motion shall include a request for a telephone conference in its motion or response. The Board may, at its discretion, conduct a telephone conference with the parties to consider any motion. (4) An amended motion shall be titled as amended and shall explain what is amended within the motion. (5) Effect of Filing Motion: Except as provided in OAR 661-010-0026(6) with regard to objections to the record, or as may otherwise be ordered by the Board on its own motion, the filing of a motion shall not suspend the time limits for other events in the review proceeding. Statutory/Other Authority: ORS 197.820(4) Statutes/Other Implemented: ORS 197.805 History: LUBA 2-2025, amend filed 12/10/2025, effective 01/01/2026 LUBA 3-2024, minor correction filed 11/01/2024, effective 11/01/2024 LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024 LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022 LUBA 1-2019, amend filed 12/24/2019, effective 01/01/2020 LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10 LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98 LUBA 1-1994, f. & cert. ef. 6-22-94 LUBA 1-1987, f. & ef. 12-30-87 LUBA 1-1983, f. & ef. 10-3-83 LUBA 2-1980, f. & ef. 4-29-80 LUBA 1-1979(Temp), f. & ef. 11-1-79
661-010-0067 Extensions of Time (1) In no event shall the time limit for the filing of the notice of intent to appeal be extended. (2) Except as provided in this section, in no event shall the time limit for the filing of the petition for review be extended without the written consent of all parties. Written consent may include facsimile signatures. The Board may, on a motion of a party or its own motion, extend the deadline for filing the petition for review to allow time to rule on a motion to dismiss or a motion to take evidence. Written consent to extend the deadline for filing record objections shall automatically extend the deadline for filing the petition for review for the same number of days granted to extend the deadline for filing record objections, unless the consenting parties expressly provide otherwise. (3) All other time limits may be extended upon oral or written consent of all parties, the Board’s motion or motion of a party. Written consent may include facsimile signatures. (4) A motion for extension of time shall state the reasons for granting the extension and must be filed with the Board within the time required for performance of the act for which an extension of time is requested. A motion for extension of time that is not accompanied by a written consent by all parties to the requested extension shall state whether all parties to the appeal have agreed to the motion for extension of time, orally or otherwise. (5) Any agreement by the parties allowing an extension of time shall automatically extend the time for subsequent filings, as well as the issuance of the Board’s final order by an amount of time equal to the extension agreed to by the parties. (6) In the event the Board extends the deadline for issuance of its final order without consent of the parties, it shall enter the findings required by ORS 197.840. Statutory/Other Authority: ORS 197.820(4) Statutes/Other Implemented: ORS 197.830(13)(a) History: LUBA 1-2019, amend filed 12/24/2019, effective 01/01/2020 LUBA 3-2013, f. 12-12-13, cert. ef. 1-1-14 LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10 LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02 LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98 LUBA 1-1994, f. & cert. ef. 6-22-94 LUBA 1-1987, f. & ef. 12-30-87