ORS Chapter 197 — Comprehensive Land Use

ORS 197.656. Commission approval of comprehensive plans not in compliance with goals; written statement of disapproval; participation by state agencies; use of resource lands; rules. (1) After the adoption of changes to comprehensive plans and land use regulations to implement a regional problem-solving agreement under ORS 197.652 to 197.658, the local governments that are participants shall submit the changes to the Land Conservation and Development Commission for review in the manner set forth in this section. (2) Following the procedures set forth in this subsection, the commission may approve changes to comprehensive plans and land use regulations that do not fully comply with the statewide land use planning goals, without taking an exception under ORS 197.732, upon a determination that the changes: (a) Conform, on the whole, with the purposes of the goals, and any failure to meet individual goal requirements is technical or minor in nature; (b) Are needed to achieve the regional goals specified by the participants; and (c) In combination with other actions agreed upon by the participants, are reasonably likely to achieve the regional goals. (3) The commission: (a) Shall review changes to the comprehensive plans or land use regulations adopted by a local government to implement a regional problem-solving agreement under ORS 197.652 to 197.658 pursuant to the procedures set forth in this section and ORS 197.659. (b) Has exclusive jurisdiction for review of changes to comprehensive plans or land use regulations adopted by a local government to implement a regional problem-solving agreement under ORS 197.652 to 197.658. (4) A participant in the regional problem-solving process or a person who participated in the proceedings leading to the adoption of changes to the comprehensive plans or land use regulations may not raise an issue on review before the commission that was not raised in the local proceedings for adoption of the changes to the plans or regulations. (5) If the commission disapproves changes to the comprehensive plans or land use regulations adopted by a local government to implement a regional problem-solving agreement under ORS 197.652 to 197.658, the commission shall issue a written statement describing the reasons for the disapproval and suggesting alternative methods for accomplishing the goals on a timely basis. (6) If, in order to resolve regional land use problems, the participants in a collaborative regional problem-solving process decide to devote agricultural land or forestland, as defined in the statewide planning goals, to uses not authorized by those goals, the participants shall choose land that is not part of the regions commercial agricultural or forestland base, or take an exception to those goals pursuant to ORS 197.732. To identify land that is not part of the regions commercial agricultural or forestland base, the participants shall consider the recommendation of a committee of persons appointed by the affected county, with expertise in appropriate fields, including but not limited to farmers, ranchers, foresters and soils scientists and representatives of the State Department of Agriculture, the State Forestry Department and the Department of Land Conservation and Development. (7) The Governor may require all appropriate state agencies to participate in the collaborative regional problem-solving process. (8) The commission may adopt rules to establish additional procedural and substantive requirements for review of changes to comprehensive plans and land use regulations adopted by local governments to implement a regional problem-solving agreement under ORS 197.652 to 197.658.