justicedao/ipfs_state_laws huggingface dataset:
660-018-0050 Notice to Other Parties of Adopted Changes (1) Notice of an adopted change to a comprehensive plan or land use regulation to persons other than the department is governed by ORS 197.615(4) and (5), which require that on the same day the local government submits the decision to the director the local government shall mail or otherwise deliver notice of the decision to persons that: (a) Participated in the local government proceedings that led to the decision to adopt the change to the acknowledged comprehensive plan or the land use regulation; and (b) Requested in writing that the local government provide them with notice of the change to the acknowledged comprehensive plan or the land use regulation. (2) The notice to persons who participated and requested notice as required by section (1) of this rule must: (a) Clearly describe the decision; (b) State the date of the decision; (c) Indicate how and where the materials described in OAR 660-018-0040(3) may be obtained; (d) Include a statement by the individual delivering the notice that identifies the date on which the notice was delivered and the individual delivering the notice; (e) List the locations and times at which the public may review the decision and findings; and (f) Explain the requirements for appealing the land use decision under ORS 197.830 to 197.845. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.615(2) History: LCDD 3-2012, f. & cert. ef. 2-14-12 LCDD 3-2008, f. & cert. ef. 4-18-08 LCDD 3-2000, f. & cert. ef. 2-14-00 LCDC 3-1987, f. & ef. 11-12-87 LCDC 12-1983, f. & ef. 12-29-83 LCDC 14-1981, f. & ef. 12-15-81
660-018-0055 Notice by the Department of Local Adoption (1) Within five working days of the receipt of a local government notice of adoption of a change to a comprehensive plan or a land use regulation described under OAR 660-018-0040, the department shall provide notice of the decision and an explanation of the requirements for appealing the land use decision under ORS 197.830 to 197.845, to persons that have requested notice from the director of such adopted changes. The notice shall be provided using electronic mail, electronic bulletin board, electronic mailing list server or similar electronic method. (2) The department shall notify persons that are generally interested in changes to acknowledged comprehensive plans by posting notices received under OAR 660-018-0040 periodically on the department website using the Internet or a similar electronic method. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.610 - 197.625 History: LCDD 3-2012, f. & cert. ef. 2-14-12 LCDD 3-2008, f. & cert. ef. 4-18-08 LCDC 3-1987, f. & ef. 11-12-87 LCDC 12-1983, f. & ef. 12-29-83 LCDC 14-1981, f. & ef. 12-15-81
660-018-0060 Who May Appeal Eligibility to appeal a local government decision to adopt a change to a comprehensive plan or land use regulation is governed by ORS 197.620, 197.830, and Oregon Laws 2011, chapter 280, section 6. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.610-197.845; OL 2011, Ch 280 & § 6 History: LCDD 3-2012, f. & cert. ef. 2-14-12 LCDD 3-2008, f. & cert. ef. 4-18-08 LCDD 3-2000, f. & cert. ef. 2-14-00 LCDC 3-1990, f. & cert. ef. 6-6-90 LCDC 3-1987, f. & ef. 11-12-87 LCDC 12-1983, f. & ef. 12-29-83 LCDC 14-1981, f. & ef. 12-15-81
660-018-0085 Acknowledgement of a Change to a Plan or Land Use Regulation (1) Pursuant to ORS 197.625, an adopted change to a comprehensive plan or a land use regulation is deemed to be acknowledged when the local government has complied with the requirements of ORS 197.610 and 197.615 , the applicable requirements of this division, and either: (a) The 21-day appeal period set out in ORS 197.830(9) has expired and a notice of intent to appeal has not been filed; or (b) If an appeal has been timely filed, the Land Use Board of Appeals affirms the local decision or, if an appeal of the decision of the board is timely filed, an appellate court affirms the decision. (2) Pursuant to ORS 197.625(3), prior to acknowledgment of an adopted change to an acknowledged comprehensive plan or a land use regulation as provided in section (1) of this rule, the adopted change is effective at the time specified by local government charter or ordinance. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.610 - 197.625 History: LCDD 3-2012, f. & cert. ef. 2-14-12 LCDD 3-2008, f. & cert. ef. 4-18-08 LCDD 3-2000, f. & cert. ef. 2-14-00 LCDC 3-1987, f. & ef. 11-12-87 LCDC 12-1983, f. & ef. 12-29-83 LCDC 14-1981, f. & ef. 12-15-81
660-018-0150 Time Limits Regarding Certified Industrial Sites (1) Upon application for a change to a comprehensive plan or land use regulation necessary to expedite and facilitate industrial or traded sector development on any of the certified industrial sites identified and prioritized under Oregon Laws 2003, chapter 800, section 12, a local government shall take action approving, approving with modifications, or denying the application no later than 180 days after the date the application is deemed complete by the local government. (2) For purposes of this rule, “certified industrial sites” are those sites so designated by the Economic Revitalization Team Regulatory Efficiency Group established by Oregon Laws 2003, chapter 800, section 2 in accordance with the requirements of Oregon Laws 2003, chapter 800, section 12. (3) Persons, including the director, who participated in the local government proceedings leading to the adoption of a change to a comprehensive plan or land use regulation described in section (1) of this rule may appeal the decision by the local government in accordance with requirements and time limits specified in ORS 197.610 through 197.625, except as provided in section (4) of this rule. (4) For a decision to expand an urban growth boundary or designate an urban reserve necessary to expedite and facilitate industrial or traded sector development on any of the certified industrial sites identified and prioritized under Oregon Laws 2003, chapter 800, section 12, and provided the decision is subject to ORS 197.626, the commission shall review the action following the timelines and procedures specified in OAR 660-025-0040, 660-025-0140 through 660-025-0160, and 660-025-0175. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.610-197.625; OL 2003, Ch 800 & § 17(2) History: LCDD 3-2012, f. & cert. ef. 2-14-12 LCDD 6-2011, f. & cert. ef. 10-20-11 LCDD 3-2008, f. & cert. ef. 4-18-08 LCDD 3-2004, f. & cert. ef. 5-7-04
660-020-0060 Willamette River Greenway Plan Segments The Land Conservation and Development Commission hereby adopts by reference orders approving the Oregon Department of Transportation Willamette River Greenway Plan Segments for the following: Cities of: Salem; Milwaukie; Gladstone; Corvallis; St. Helens; Dundee; Independence; Albany; Harrisburg; Millersburg; Eugene; Cottage Grove; Lake Oswego; Oregon City; West Linn; Wilsonville; Portland; and Springfield. Counties of: Multnomah; Lane, Benton (left bank); Columbia; Yamhill; Marion; Polk; Linn; and Clackamas. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 390 Statutes/Other Implemented: ORS 197.040 & 390.318 History: LCDD 3-2004, f. & cert. ef. 5-7-04 LCDC 1-1988, f. & cert. ef. 3-18-88 LCDC 2-1982, f. & ef. 5-27-82 LCD 8-1981, f. & ef. 7-1-81 LCD 4-1980, f. & ef. 6-24-80 LCD 3-1980(Temp), f. & ef. 5-20-80 LCD 1-1979, f. & ef. 2-22-79 LCD 10-1978, f. & ef. 12-12-78 LCD 7-1978, f. & ef. 5-12-78 LCD 6-1978(Temp), f. & ef. 4-10-78 LCD 2-1978, f. & ef. 1-30-78
660-020-0065 Amending Willamette Greenway Plan The following procedure is established for amending segments of the Willamette River Greenway Plan: (1) A request for a Willamette Greenway Plan modification from the plan that had previously been approved by LCDC shall be submitted by the Oregon Parks and Recreation Department (OPRD). (2) If the plan change is initiated by a city or county the request shall be made by council or board action in writing to the Oregon Parks and Recreation Department requesting submission of the amendment to LCDC for adoption of an administrative rule amending the Greenway Plan. This request shall include the proposed plan change, and reasons why such a plan change is necessary. The Oregon Parks and Recreation Department shall, within 30 days submit the request with comments to LCDC. (3) If the plan change is initiated by the Oregon Parks and Recreation Department, the request shall be made in writing to LCDC: (a) Requesting that LCDC adopt by administrative rule certain changes to OPRD Greenway Plan; (b) Explaining the proposed change to the plan; (c) Explaining why the proposed change to the plan is necessary. The Oregon Parks and Recreation Department shall notify the affected city or county 30 days prior to the submission of the proposed plan change to LCDC. The affected city or county comments on the proposed change shall be forwarded with the request to LCDC. (4) The LCDC shall provide public notice of the proposed plan amendment, including the time and place of a public hearing on the proposed plan amendment. (5) The LCDC shall review and consider testimony regarding the proposed plan amendment, pursuant to the requirements of ORS Chapter 183. (6) The LCDC may adopt by rule the plan amendment if the plan change is consistent with the intent and purposes of the Willamette River Greenway as stated in Goal 15 of the Statewide Planning Goals and ORS 390.310 to 390.368. (7) The local jurisdiction shall adopt the Willamette Greenway Plan amendment by ordinance. Such ordinance shall not have an effective date which is prior to LCDC’s adoption of the plan amendment. (8) A copy of the approved plan amendment shall be sent to the Oregon Parks and Recreation Department, and the boundary change(s) shall be recorded on the OPRD and LCDC Greenway maps as well as the local Greenway map(s) in the appropriate County Recorder’s office. Statutory/Other Authority: ORS 197 & 390 Statutes/Other Implemented: ORS 197.040 History: LCDD 3-2004, f. & cert. ef. 5-7-04 LCD 5-1980, f. & ef. 7-2-80
660-021-0000 Purpose This division interprets and implements ORS 197A.230 through 197A.250 and statewide planning goals pertaining to Urbanization. Rules in this division authorize planning for urban reserve areas (URAs) outside urban growth boundaries to be reserved for eventual inclusion in an urban growth boundary and to be protected from patterns of development that would impede urbanization. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197A.230-197A.250 History: LCDD 8-2025, amend filed 12/23/2025, effective 01/01/2026 LCDD 4-2024, minor correction filed 07/15/2024, effective 07/15/2024 LCDD 7-2011, f & cert. ef. 10-20-11 LCDD 4-2000, f. & cert. ef. 3-22-00 LCDC 2-1992, f. & cert. ef. 4-29-92
660-021-0010 Definitions For purposes of this division, the definitions contained in ORS 197.015 and the statewide planning goals (OAR chapter 660, division 15) apply. In addition, the following definitions apply: (1) “Urban Reserve” or “Urban Reserve Area” (URA) means lands outside of an urban growth boundary that will provide for: (a) Future expansion over a long-term period; and (b) The cost-effective provision of public facilities and services within the area when the lands are included within the urban growth boundary. (2) “Resource Land” means land subject to the statewide planning goals listed in OAR 660-004-0010(1)(a) through (g), except subsections (c) and (d). (3) “Nonresource Land” means land not subject to one or more of the statewide planning goals listed in OAR 660-004-0010(1)(a) through (g) except subsections (c) and (d). Nothing in this definition is meant to imply that other goals do not apply to nonresource land. (4) “Exception Areas” means rural lands for which an exception to statewide planning goals 3 or 4, or both, as defined in ORS 197.732 and OAR 660-004-0005(1), has been acknowledged. (5) “Developable Land” means land that could be designated buildable land as defined in OAR 660-008-0005(7) or suitable land as defined in OAR 660-009-0005(12), or both. (6) “Adjacent Land” means abutting land. (7) “Nearby Land” means land that lies wholly or partially within a quarter mile of an urban growth boundary. (8) “Study Area” refers to land adjacent to the urban growth boundary or nearby land to the urban growth boundary. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197A.245 History: LCDD 8-2025, amend filed 12/23/2025, effective 01/01/2026 LCDD 5-2024, minor correction filed 07/15/2024, effective 07/15/2024 LCDD 7-2011, f & cert. ef. 10-20-11 LCDD 1-2008, f. & cert. ef. 2-13-08 LCDD 4-2000, f. & cert. ef. 3-22-00 LCDC 2-1992, f. & cert. ef. 4-29-92
660-021-0020 Authority to Establish Urban Reserve (1) Cities and counties cooperatively, and the Metropolitan Service District for the Portland Metropolitan area urban growth boundary, may designate urban reserves under the requirements of this division, in coordination with special districts listed in OAR 660-021-0050(2) and other affected local governments, including neighboring cities within two miles of the urban growth boundary. Where urban reserves are adopted or amended, they shall be shown on all applicable comprehensive plan and zoning maps, and plan policies and land use regulations shall be adopted to guide the management of these reserves in accordance with the requirements of this division. (2) As an alternative to designation of urban reserves under the requirements of this division, Metro may designate urban reserves for the Portland Metropolitan area urban growth boundary under OAR chapter 660, division 27. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197A.245 History: LCDD 6-2024, minor correction filed 07/15/2024, effective 07/15/2024 LCDD 7-2011, f & cert. ef. 10-20-11 LCDD 1-2008, f. & cert. ef. 2-13-08 LCDD 4-2000, f. & cert. ef. 3-22-00 LCDC 2-1992, f. & cert. ef. 4-29-92
660-021-0050 Urban Reserve Agreements Urban reserve planning shall include the adoption and maintenance of urban reserve agreements among cities, counties and special districts serving or projected to serve the designated urban reserves. These agreements shall be adopted by each applicable jurisdiction at or prior to the time of reserve designation and shall contain: (1) Designation of the local government responsible for building code administration and land use regulation in the urban reserves, both at the time of reserve designation and upon inclusion of these reserves within the urban growth boundary. (2) Designation of the local government or special district responsible for the following services: sewer, water, fire protection, parks, transportation and storm water. The agreement shall include maps indicating areas and levels of current rural service responsibility and areas projected for future urban service responsibility when included in the urban growth boundary. (3) Terms and conditions under which service responsibility will be transferred or expanded for areas where the provider of the service is expected to change over time. (4) Procedures for notification and review of land use actions to ensure involvement by all affected local governments and special districts. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197A.245 History: LCDD 9-2024, minor correction filed 07/15/2024, effective 07/15/2024 LCDD 7-2011, f & cert. ef. 10-20-11 LCDD 1-2008, f. & cert. ef. 2-13-08 LCDD 4-2000, f. & cert. ef. 3-22-00 LCDC 2-1992, f. & cert. ef. 4-29-92
660-021-0060 Urban Growth Boundary Expansion All lands within URAs established pursuant to this division shall be included within an urban growth boundary before inclusion of other lands, except where an identified need for a particular type of land cannot be met by lands within an established urban reserve. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197A.245 History: LCDD 8-2025, amend filed 12/23/2025, effective 01/01/2026 LCDD 10-2024, minor correction filed 07/15/2024, effective 07/15/2024 LCDD 1-2008, f. & cert. ef. 2-13-08 LCDD 4-2000, f. & cert. ef. 3-22-00 LCDC 2-1992, f. & cert. ef. 4-29-92
660-021-0070 Adoption and Review of Urban Reserve (1) Designation and amendment of urban reserves shall follow the applicable procedures of ORS 197.610 through 197.650. (2) Disputes between jurisdictions regarding urban reserve boundaries, planning and regulation, or urban reserve agreements may be mediated by the department or commission upon request by an affected local government or special district. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197A.245 History: LCDD 11-2024, minor correction filed 07/15/2024, effective 07/15/2024 LCDD 7-2011, f & cert. ef. 10-20-11 LCDD 1-2008, f. & cert. ef. 2-13-08 LCDD 4-2000, f. & cert. ef. 3-22-00 LCDD 3-1997, f. & cert. ef. 8-1-97 LCDD 2-1997(Temp), f. & cert. ef. 5-21-97 LCDC 2-1992, f. & cert. ef. 4-29-92
660-021-0080 Applicability The provisions of this division, and amendments to rules in this division, are effective upon filing with the Secretary of State. Statutory/Other Authority: ORS 183 & ORS 197.040 Statutes/Other Implemented: ORS 197A.245 History: LCDD 12-2024, minor correction filed 07/15/2024, effective 07/15/2024 LCDD 7-2011, f & cert. ef. 10-20-11 LCDD 1-2008, f. & cert. ef. 2-13-08 LCDD 4-2000, f. & cert. ef. 3-22-00 LCDD 4-1997, f. & cert. ef. 12-23-97 LCDD 3-1997, f. & cert. ef. 8-1-97 LCDD 2-1997(Temp), f. & cert. ef. 5-21-97 LCDC 5-1994, f. & cert. ef. 4-20-94 LCDC 2-1992, f. & cert. ef. 4-29-92
660-022-0000 Purpose (1) The purpose of this division is to establish a statewide policy for the planning and zoning of unincorporated communities that recognizes the importance of communities in rural Oregon. It is intended to expedite the planning process for counties by reducing their need to take exceptions to statewide planning goals when planning and zoning unincorporated communities. (2) This division interprets Goals 11 and 14 concerning urban and rural development outside urban growth boundaries and applies only to unincorporated communities defined in OAR 660-022-0010. (3) This division does not apply to areas approved as destination resorts under the destination resort statute, ORS 197.435 through 197.467. Statutory/Other Authority: ORS 197.040 & 197.245 Statutes/Other Implemented: ORS 197.040 History: LCDC 8-1994, f. & cert. ef. 12-5-94
660-022-0020 Designation of Community Areas (1) Except as provided in OAR 660-022-0070, county comprehensive plans shall designate and identify unincorporated communities in accordance with the definitions in OAR 660-022-0010. Counties may amend these designations as circumstances change over time. (2) Counties shall establish boundaries of unincorporated communities in order to distinguish lands within the community from exception areas, resource lands and other rural lands. The boundaries of unincorporated communities shall be shown on the county comprehensive plan map at a scale sufficient to determine accurately which properties are included. (3) Only land meeting the following criteria may be included within an unincorporated community boundary: (a) Land which has been acknowledged as a Goal 3 or 4 exception area and historically considered to be part of the community provided the land only includes existing, contiguous concentrations of: (A) Commercial, industrial, or public uses; and/or (B) Dwelling units and associated residential lots at a greater density than exception lands outside rural communities. (b) Land planned and zoned for farm or forest use provided such land meets the criteria in section (4) of this rule. (4) Community boundaries may include land that is designated for farm or forest use pursuant to Goals 3 and 4 if all the following criteria is met: (a) The land is contiguous to Goal 3 or 4 exception lands included in the community boundary; (b) The land was occupied on the date of this division (October 28, 1994) by one or more of the following uses considered to be part of the community: Church, cemetery, school, park, playground, community center, fire station, museum, golf course, or utility facility; (c) Only the portion of the lot or parcel that is occupied by the use(s) in subsection (b) of this section is included within the boundary; and (d) The land remains planned and zoned under Goals 3 or 4. (5) Site specific unincorporated community boundaries that are shown on an acknowledged plan map on October 28, 1994, are deemed to comply with subsections (2) and (3) of this rule unless the boundary includes land designated for farm or forest use that does not meet the criteria in section (4) of this rule. (6) Communities which meet the definitions in both OAR 660-022-0010(6) and (9) shall be classified and planned as either resort communities or urban unincorporated communities. Statutory/Other Authority: ORS 197.040 & 197.245 Statutes/Other Implemented: ORS 197.040 History: LCDC 1-1997, f. & cert. ef. 2-27-97 LCDC 8-1994, f. & cert. ef. 12-5-94
660-022-0050 Community Public Facility Plans (1) In coordination with special districts, counties shall adopt public facility plans meeting the requirements of OAR 660, division 11, and include them in the comprehensive plan for unincorporated communities over 2,500 in population. A community public facility plan addressing sewer and water is required if the unincorporated community is designated as an urban unincorporated community under OAR 660-022-0010 and 660-022-0020. For all communities, a sewer and water community public facility plan is required if: (a) Existing sewer or water facilities are insufficient for current needs, or are projected to become insufficient due to physical conditions, financial circumstances or changing state or federal standards; or (b) The plan for the unincorporated community provides for an amount, type or density of additional growth or infill that cannot be adequately served with individual water or sanitary systems or by existing community facilities and services; or (c) The community relies on groundwater and is within a groundwater limited or groundwater critical area as identified by the Oregon Department of Water Resources; or (d) Land in the community has been declared a health hazard or has a history of failing septic systems or wells. (2) A community public facility plan shall include inventories, projected needs, policies and regulations for the water and sewerage facilities which are existing or needed to serve the unincorporated community, including: (a) An inventory of the condition and capacity of existing public facilities and services; (b) An assessment of the level of facilities and services needed to adequately serve the planned buildout within the community area boundary; and (c) Coordination agreements consistent with ORS chapter 195. (3) If existing community facilities and services are not currently adequate to serve the development allowed in the plan and zoning ordinance, the community public facility plan shall contain either: (a) Development restrictions to ensure development will not exceed the capacity of the land to absorb waste and provide potable water and will not exceed the capacity of public facilities; or (b) A list of new facilities, and improvements for existing public facilities, necessary to adequately serve the planned buildout in the unincorporated community, including the projected costs of these improvements and an identification of the provider or providers of these improvements; and (c) A discussion of the provider’s funding mechanisms and the ability of these and possibly new mechanisms to fund the development of each community public facility project; and (d) A requirement that development not occur until the necessary public facilities are available for that development. Statutory/Other Authority: ORS 197.040 & 197.245 Statutes/Other Implemented: ORS 197.040 History: LCDD 4-2006, f. & cert. ef. 5-15-06 LCDC 8-1994, f. & cert. ef. 12-5-94