ORS Chapter 197 — Comprehensive Land Use

ORS 197.040. Duties of commission; rules. (1) The Land Conservation and Development Commission shall: (a) Direct the performance by the Director of the Department of Land Conservation and Development and the directors staff of their functions under ORS chapters 195, 196, 197 and 197A. (b) In accordance with the provisions of ORS chapter 183, adopt rules that it considers necessary to carry out ORS chapters 195, 196, 197 and 197A. Except as provided in subsection (3) of this section, in designing its administrative requirements, the commission shall: (A) Allow for the diverse administrative and planning capabilities of local governments; (B) Consider the variation in conditions and needs in different regions of the state and encourage regional approaches to resolving land use problems; (C) Assess what economic and property interests will be, or are likely to be, affected by the proposed rule; (D) Assess the likely degree of economic impact on identified property and economic interests; and (E) Assess whether alternative actions are available that would achieve the underlying lawful governmental objective and would have a lesser economic impact. (c)(A) Adopt by rule in accordance with ORS chapter 183 or by goal under ORS chapters 195, 196, 197 and 197A any statewide land use policies that it considers necessary to carry out ORS chapters 195, 196, 197 and 197A. (B) Adopt by rule in accordance with ORS chapter 183 any procedures necessary to carry out ORS 215.402 (4)(b) and 227.160 (2)(b). (C) Review decisions of the Land Use Board of Appeals and land use decisions of the Court of Appeals and the Supreme Court within 120 days of the date the decisions are issued to determine if goal or rule amendments are necessary. (d) Cooperate with the appropriate agencies of the United States, this state and its political subdivisions, any other state, any interstate agency, any person or groups of persons with respect to land conservation and development. (e) Appoint advisory committees to aid it in carrying out ORS chapters 195, 196, 197 and 197A and provide technical and other assistance, as it considers necessary, to each such committee. (2) Pursuant to ORS chapters 195, 196, 197 and 197A, the commission shall: (a) Adopt, amend and revise goals consistent with regional, county and city concerns; (b) Prepare, collect, provide or cause to be prepared, collected or provided land use inventories; (c) Prepare statewide planning guidelines; (d) Review comprehensive plans for compliance with goals; (e) Coordinate planning efforts of state agencies to assure compliance with goals and compatibility with city and county comprehensive plans; (f) Insure widespread citizen involvement and input in all phases of the process; (g) Review and recommend to the Legislative Assembly the designation of areas of critical state concern; (h) Report periodically to the Legislative Assembly and to the committee; (i) Review the land use planning responsibilities and authorities given to the state, regions, counties and cities, review the resources available to each level of government and make recommendations to the Legislative Assembly to improve the administration of the statewide land use program; and (j) Perform other duties required by law. (3) The requirements of subsection (1)(b) of this section shall not be interpreted as requiring an assessment for each lot or parcel that could be affected by the proposed rule.