ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.505. Establishment of criteria for decisions in land use final order. (1) The Land Conservation and Development Commission shall establish criteria, according to the procedure described in this section, to be used by the Metro Council to make decisions in a land use final order on the project improvements for the project, including their locations. (2) The commission shall hold a public hearing on the criteria to be established by the commission. (3) The commission shall publish notice of a public hearing on criteria to be established by the commission in a newspaper of general circulation within the Portland metropolitan area at least 20 days prior to the public hearing. The notice shall state: (a) The general subject matter of the hearing and the date, time and place of the hearing; (b) That any criteria to be proposed to the commission must be filed at the Salem office of the Department of Land Conservation and Development at least 10 days prior to commencement of the hearing and will be available for public inspection following filing; (c) That notice of adoption of an order establishing criteria will be provided only to persons who provide oral or written testimony at the hearing and who also provide, in writing, a request for written notice and a mailing address to which notice shall be sent; (d) That persons whose names appear on petitions submitted into the public hearing record will not be considered by that action to have provided oral or written testimony at the hearing; (e) That failure by a person to raise an issue at the hearing in person or in writing, or failure to provide sufficient specificity to afford the commission an opportunity to respond to the issue raised, shall preclude appeal by that person on that issue; and (f) That appeals from an order establishing criteria must be filed within seven days following the date written notice of the order is mailed to the persons described in subsection (9)(b) of this section. (4) The commission may provide additional notice as it deems appropriate to inform interested persons of the public hearing. (5) A copy of the staff report, if any, must be made available for public inspection at least four days prior to the public hearing. (6) At the commencement of the hearing, a statement shall be made to those in attendance that: (a) Identifies the general subject matter of the hearing; (b) Submittal of proposed criteria at the hearing will not be accepted unless the proposed criteria were filed at the Salem office of the department at least 10 days prior to the commencement of the hearing; (c) Failure by a person to raise an issue at the hearing in person or in writing, or failure to raise an issue with sufficient specificity to afford the commission an opportunity to respond to the issue raised, shall preclude appeal by that person on that issue; (d) Notice of adoption of an order establishing criteria will be provided only to persons who provide oral or written testimony at the hearing and who also provide a written request for notice and a mailing address to which notice shall be sent; (e) Persons whose names appear on petitions submitted into the public hearing record will not be considered by that action to have provided oral or written testimony at the hearing; and (f) Appeals from an order establishing criteria must be filed within seven days following the date written notice of the order is mailed. (7)(a) The commission shall allow for the submission of oral and written testimony at the hearing, subject to any hearing procedures that the commission deems necessary. (b) The commission may exclude irrelevant, immaterial or unduly repetitious testimony. (c) The commission may allow only the submission of proposed criteria at the hearing that were filed at the Salem office of the Department of Land Conservation and Development at least 10 days prior to the commencement of the hearing. (d) The commission shall designate an individual to take minutes of the hearing. (8)(a) Within 14 days following commencement of the hearing, the commission shall close the hearing. (b) The commission shall consider all statewide planning goals and plan policies that are relevant to decisions regarding the project improvements and their locations in establishing the criteria. (c) The commission shall adopt an order establishing the criteria. The commissions order must include a brief statement explaining how the criteria established reasonably reflect the statewide land use planning goals and plan policies that are relevant to decisions regarding the project improvements and their locations. (9) As soon as reasonably practicable following establishment of the criteria, the commission shall: (a) Make copies of the order and the criteria available for public inspection at both the Salem and Portland offices of the Department of Land Conservation and Development; and (b) Provide notice of the order and the criteria to: (A) The Metro Council; (B) TriMet; (C) The Department of Transportation; (D) Each affected local government; and (E) Any person who provided oral or written testimony at the hearing and who also provided a written request for notice and a mailing address to which notice shall be sent. [2017 c.714 4] Note: See note under