justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 197 — Comprehensive Land Use

ORS 197.200. Refinement plan; procedures for land division, site or design review within area subject to plan. (1) A local government may convene a land use proceeding to adopt a refinement plan for a neighborhood or community within its jurisdiction and inside the urban growth boundary as provided in this section. (2) A refinement plan is more detailed than a comprehensive plan and applies to a specific geographic area. A refinement plan shall: (a) Establish efficient density ranges, including a minimum and a maximum density for residential land uses; (b) Establish minimum and maximum floor area ratios or site coverage requirements for nonresidential uses; (c) Be based on a planning process meeting statewide planning goals; and (d) Include land use regulations to implement the plan. (3) A refinement plan and associated land use regulations adopted prior to September 9, 1995, may qualify as a refinement plan if the local government holds a public hearing to gather public comment and decides to adopt the plan as a refinement plan under this section. (4) A local government shall apply the procedures for expedited land divisions described in ORS 197.360 to 197.380 to all applications for land division and site or design review located in any area subject to an acknowledged refinement plan. The review shall include: (a) All elements of a local government comprehensive plan and land use regulations that must be applied in order to approve or deny any such application; and (b) Any planned unit development standards and any procedures designed to regulate: (A) The physical characteristics of permitted uses; (B) The dimensions of the lots to be created; or (C) Transportation, sewer, water, drainage and other facilities or services necessary for the proposed development. (5) Any decision made on a refinement plan described in subsection (3) of this section shall be appealed only as provided for appeals of expedited land division decisions in ORS 197.375. (6) Refinement plans and implementing ordinances may be adopted through the post-acknowledgment or periodic review process. [1995 c.595 15] GOALS COMPLIANCE
ORS Chapter 197 — Comprehensive Land Use

ORS 197.225. Preparation; adoption. The Department of Land Conservation and Development shall prepare and the Land Conservation and Development Commission shall adopt goals and guidelines for use by state agencies, local governments and special districts in preparing, adopting, amending and implementing existing and future comprehensive plans.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.230. for economic development, needed housing, transportation, public facilities and services and urbanization. (2) The Land Conservation and Development Commission shall concentrate periodic review assistance to local governments on achieving compliance with those statewide land use planning laws and goals that address economic development, needed housing, transportation, public facilities and services and urbanization. (3) The following conditions indicate the need for periodic review of comprehensive plans and land use regulations: (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 implementing 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 of Land Conservation and Development 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.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.235. Public hearings; notice; citizen involvement implementation; submission of proposals. (1) In preparing the goals and guidelines, the Department of Land Conservation and Development shall: (a) Hold at least 10 public hearings throughout the state, causing notice of the time, place and purpose of each hearing to be published in a newspaper of general circulation within the area where the hearing is to be conducted not later than 30 days prior to the date of the hearing. At least two public hearings must be held in each congressional district. (b) Implement any other provision for public involvement developed by the State Citizen Involvement Advisory Committee under ORS 197.160 (1) and approved by the Land Conservation and Development Commission. (2) Upon completion of the preparation of the proposed goals and guidelines, or amendments to those goals and guidelines, the department shall submit them to the commission, the Local Officials Advisory Committee, the State Citizen Involvement Advisory Committee and the appropriate legislative committee for review. (3) The commission shall consider the comments of the Local Officials Advisory Committee, the State Citizen Involvement Advisory Committee and the legislative committee before the adoption and amendment of the goals and guidelines. (4) Notwithstanding subsection (1)(a) of this section, when a legislative enactment or an initiative measure is inconsistent with the adopted goals and guidelines or directs the commission to make a specific change to the adopted goals and guidelines, the commission may amend the goals and guidelines after only one public hearing, at a location determined by the commission, if the proposed amendment: (a) Is necessary to conform the goals and guidelines to the legislative enactment or the initiative measure; and (b) Makes no change other than the conforming changes unless the change corrects an obvious scriveners error.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.240. Commission action; public hearing; notice; amendment; adoption. Upon receipt of the proposed goals and guidelines prepared and submitted to it by the Department of Land Conservation and Development, the Land Conservation and Development Commission shall: (1) Hold at least one public hearing on the proposed goals and guidelines. The commission shall cause notice of the time, place and purpose of the hearings and the place where copies of the proposed goals and guidelines are available before the hearings with the cost thereof to be published in a newspaper of general circulation in the state not later than 30 days prior to the date of the hearing. The department shall supply a copy of its proposed goals and guidelines to the Governor, the appropriate legislative committee, affected state agencies and special districts and to each local government without charge. The department shall provide copies of such proposed goals and guidelines to other public agencies or persons upon request and payment of the cost of preparing the copies of the materials requested. (2) Consider the recommendations and comments received from the public hearings conducted under subsection (1) of this section, make any amendments to the proposed goals and guidelines that it considers necessary and approve the proposed goals and guidelines as they may be amended by the commission.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.245. (3) A local government is not making satisfactory progress toward performance of its compliance schedule. (4) A state agency is not making satisfactory progress in carrying out its coordination agreement or the requirements of ORS 197.180. (5) A local government has no comprehensive plan or land use regulation and is not on a compliance schedule directed to developing the plan or regulation. (6) A local government has engaged in a pattern or practice of decision-making that violates an acknowledged comprehensive plan or land use regulation. In making its determination under this subsection, the commission shall determine whether there is evidence in the record to support the decisions made. The commission shall not judge the issue solely upon adequacy of the findings in support of the decisions. (7) A local government has failed to comply with a commission order entered under ORS 197.644. (8) A special district has engaged in a pattern or practice of decision-making that violates an acknowledged comprehensive plan or cooperative agreement adopted pursuant to ORS 197.020. (9) A special district is not making satisfactory progress toward performance of its obligations under ORS chapters 195, 197 and 197A. (10) A local governments approval standards, special conditions on approval of specific development proposals or procedures for approval do not comply with ORS 197A.400 (1) or (3). (11) A local government is not making satisfactory progress toward meeting its obligations under ORS 195.065. (12) A local government within the jurisdiction of a metropolitan service district has failed to make changes to the comprehensive plan or land use regulations to comply with the regional framework plan of the district or has engaged in a pattern or practice of decision-making that violates a requirement of the regional framework plan. (13) A city with a population of 10,000 or greater that: (a) Has a pattern or practice of violating housing-related statutes or implementing policies that create unreasonable cost or delay to the production of housing as described in ORS 197A.400 (1); (b) Has a pattern or practice of creating adverse disparate impacts to state or federal protected classes or inhibiting equitable access to housing choice, as described in ORS 197A.100 (2)(b) to (d); (c) Has failed to enter into a housing acceleration agreement as required under ORS 197A.130 (6); or (d) Has materially breached a term of a housing acceleration agreement under ORS 197A.130 (8), including a failure to meet the timeline for performance under ORS 197A.130 (8)(a)(A).
ORS Chapter 197 — Comprehensive Land Use

ORS 197.250. Compliance with goals required. Except as otherwise provided in ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.253. Participation in local proceedings required for submitting comments and objections. Notwithstanding the provisions of ORS 197.251 (2)(a), a person may not submit written comments and objections to the acknowledgment request of any city or county that submits its plan or regulations to the Land Conservation and Development Commission for acknowledgment for the first time after August 9, 1983, unless the person participated either orally or in writing in the local government proceedings leading to the adoption of the plan and regulations.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.254. Bar to contesting acknowledgment, appealing or seeking amendment. (1) A state agency is barred, after the date set for submission of programs by the Land Conservation and Development Commission as provided in ORS 197.180 (4), from contesting a request for acknowledgment submitted by a local government under ORS 197.251 or from filing an appeal of a post-acknowledgement change under ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.256. Acknowledgment deadline for newly incorporated cities. Cities incorporated after January 1, 1982, shall have their comprehensive plans and land use regulations acknowledged under ORS 197.251 no later than four years after the date of incorporation. [Formerly 197.757]
ORS Chapter 197 — Comprehensive Land Use

ORS 197.265. State compensation for costs of defending compliance actions. (1) As used in this section, action includes but is not limited to a proceeding under ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.270. Copies of comprehensive plan and land use regulations; post review. Within six months following completion of the periodic review process, the affected local government shall file three complete and accurate copies of its comprehensive plan and land use regulations with the Department of Land Conservation and Development. This document can be either a new printing or an up-to-date compilation of the required materials.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.274. Review of Metro regional framework plan. (1) The Metro regional framework plan, its separate components and amendments to the regional framework plan or to its separate components are subject to review: (a) For compliance with land use planning statutes, statewide land use planning goals and administrative rules corresponding to the statutes and goals, in the same manner as a comprehensive plan for purposes of: (A) Acknowledgment of compliance with the goals under ORS 197.251; and (B) Post-acknowledgment procedures under ORS 197.610 to 197.651; and (b) As a land use decision under ORS 197.805 to 197.855 and 197.860. (2) With the prior consent of the Land Conservation and Development Commission, Metro may submit to the Department of Land Conservation and Development an amendment to the Metro regional framework plan or to a component of the regional framework plan in the manner provided for periodic review under ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.277. Oregon Forest Practices Act; exclusion. (1) The goals and rules established in ORS chapters 195, 196, 197 and 197A do not apply to programs, rules, procedures, decisions, determinations or activities carried out under the Oregon Forest Practices Act administered under ORS 527.610 to 527.770, 527.990 (1) and 527.992. (2) No goal or rule shall be adopted, construed or administered in a manner to require or allow local governments to take any action prohibited by ORS 527.722. (3) The Land Conservation and Development Commission shall amend goals and rules as necessary to implement ORS 197.180, 197.277, 197.825, 215.050, 477.440, 477.455, 477.460, 526.009, 526.016, 526.156, 527.620, 527.630, 527.660, 527.670, 527.683 to 527.687, 527.715, 527.990 and 527.992.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.279. Approved wetland conservation plans comply with goals; exception; rules. (1) Wetland conservation plans approved by the Director of the Department of State Lands pursuant to ORS chapter 196 shall be deemed to comply with the requirements of statewide planning goals relating to other than estuarine wetlands for those areas, uses and activities which are regulated by the wetland conservation plans. (2) Wetland conservation plans shall be adopted and amended by local governments according to the procedures of ORS 197.610 to 197.625. (3) The department shall adopt by rule: (a) Standards for cities and counties to use to inventory and identify wetlands; and (b) Criteria for cities and counties to use to determine when a wetland is a significant wetland.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.283. Commission to assure protection of ground water resources. (1) The Land Conservation and Development Commission shall take actions it considers necessary to assure that city and county comprehensive plans and land use regulations and state agency coordination programs are consistent with the goal set forth in ORS 468B.155. (2) The commission shall direct the Department of Land Conservation and Development to take actions the department considers appropriate to assure that any information contained in a city or county comprehensive plan that pertains to the ground water resource of Oregon shall be forwarded to the centralized repository established under ORS 468B.167.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.286. [Formerly
ORS Chapter 197 — Comprehensive Land Use

ORS 197.295. 197A.015 in 2023]
ORS Chapter 197 — Comprehensive Land Use

ORS 197.315. [1973 c.80 54; 1977 c.664 25; repealed by 1979 c.772 26] ENFORCEMENT OF PLANNING REQUIREMENTS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.319. Procedures prior to request of an enforcement order. (1) Before a person may request adoption of an enforcement order under ORS 197.320, the person shall: (a) Present the reasons, in writing, for such an order to the affected local government; and (b) Request: (A) Revisions to the local comprehensive plan, land use regulations, special district cooperative or urban service agreement or decision-making process which is the basis for the order; or (B) That an action be taken regarding the local comprehensive plan, land use regulations, special district agreement, housing production strategy or decision-making process that is the basis for the order. (2)(a) The local government or special district shall issue a written response to the request within 60 days of the date the request is mailed to the local government or special district. (b) The requestor and the local government or special district may enter into mediation to resolve issues in the request. The Department of Land Conservation and Development shall provide mediation services when jointly requested by the local government or special district and the requestor. (c) If the local government or special district does not act in a manner which the requestor believes is adequate to address the issues raised in the request within the time period provided in paragraph (a) of this subsection, a petition may be presented to the Land Conservation and Development Commission under ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.324. Proceedings prior to order of compliance with goals; disclosure notice. (1) On its own motion, the Land Conservation and Development Commission may initiate a proceeding to carry out the provisions of ORS 197.320. If the commission proceeds on its own motion, it shall proceed as set forth in ORS 197.328. (2)(a) After a person meets the requirements of ORS 197.319, the person may file a petition to request that the commission consider the matter. Filing occurs upon mailing the petition to the Department of Land Conservation and Development. (b) The commission shall determine if there is good cause to proceed on the petition. (c) If the commission determines that there is not good cause to proceed on the petition, the commission shall issue a final order dismissing the petition, stating the reasons therefor. (d) If the commission determines that there is good cause to proceed on the petition, the commission shall proceed as set forth in ORS 197.328. (3) Following initiation of a proceeding under subsection (1) of this section or a determination by the commission that there is good cause to proceed on a petition under subsection (2) of this section, the affected local government shall include the following disclosure in any subsequent notice of a land use decision that could be affected by the enforcement order: ______________________________________________________________________________ NOTICE: THE OREGON LAND CONSERVATION AND DEVELOPMENT COMMISSION HAS FOUND GOOD CAUSE FOR AN ENFORCEMENT PROCEEDING AGAINST ________ (Name of local government). AN ENFORCEMENT ORDER MAY BE EVENTUALLY ADOPTED THAT COULD LIMIT, PROHIBIT OR REQUIRE APPLICATION OF SPECIFIED CRITERIA TO ANY ACTION AUTHORIZED BY THIS DECISION BUT NOT APPLIED FOR UNTIL AFTER ADOPTION OF THE ENFORCEMENT ORDER. FUTURE APPLICATIONS FOR BUILDING PERMITS OR ANY TIME EXTENSIONS MAY BE AFFECTED. ______________________________________________________________________________
ORS Chapter 197 — Comprehensive Land Use

ORS 197.328. Procedures to consider order to comply with goals. If a proceeding is initiated under ORS 197.324, the following procedures apply: (1) The Land Conservation and Development Commission shall hold a hearing to consider the petition or shall appoint a hearings officer to consider the petition under the provisions of ORS chapter 183 applicable to contested cases, except as otherwise provided in this section. (2) The commission or hearings officer shall schedule a hearing within 45 days of receipt of the petition. (3) If the commission appoints a hearings officer, the hearings officer shall prepare a proposed order, including recommended findings and conclusions of law. The proposed order shall be served on the Department of Land Conservation and Development and all parties to the hearing within 30 days of the date the record closed. (4) If the commission appoints a hearings officer, the commission review of the proposed order shall be limited to the record of proceedings before the hearings officer. In its review of a proposed order, the commission shall not receive new evidence but shall hear arguments as to the proposed order and any exceptions. Any exception to the proposed order shall be filed with the commission no later than 15 days following issuance of the proposed order. (5) The commission shall adopt a final order relative to a petition no later than 120 days from the date the petition was filed.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.340. Weight given to goals in planning practice; regional diversity and needs. (1) The Land Conservation and Development Commission, the Department of Land Conservation and Development, other state agencies and local governments shall give the goals equal weight in any matter in which the goals are required to be applied. (2) The commission and the department shall consider and recognize regional diversity and differences in regional needs when making or reviewing a land use decision or otherwise applying the goals.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.350. Burden of persuasion or proof in appeal to board or commission. (1) A party appealing a land use decision or limited land use decision made by a local government to the board or Land Conservation and Development Commission has the burden of persuasion. (2) A local government that claims an exception to a goal adopted by the commission has the burden of persuasion. (3) There shall be no burden of proof in administrative proceedings under ORS chapters 195, 196, 197 and 197A.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.353. Measure 37 timelines; death of claimant. (1) As used in this section: (a) Claimant means a person that makes a Measure 37 claim. (b) Measure 37 claim means a written demand for compensation under ORS 197.352. (c) Land use regulation has the meaning given that term in ORS 197.352. (d) Owner has the meaning given that term in ORS 197.352. (e) Public entity has the meaning given that term in ORS 197.352. (2) Notwithstanding ORS 197.352 (4) and (6), if a Measure 37 claim was made on or after November 1, 2006: (a) Just compensation under ORS 197.352 is due the owner of the property from the public entity only if the land use regulation continues to be enforced against the property 540 days after the Measure 37 claim is made to the public entity; and (b) The owner of the subject property has a cause of action for compensation under ORS 197.352 (6) only if a land use regulation continues to apply to the subject property more than 540 days after the Measure 37 claim is made. (3) If a claimant is an individual, the ability to make or prosecute a Measure 37 claim is not affected by the death of the claimant during the extended review period provided by subsection (2) of this section, and the ability to make or prosecute a Measure 37 claim for property that belonged to the claimant passes to the person who acquires the property by devise or by operation of law. [2007 c.133 2] Note: