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

ORS 197.010. Policy. The Legislative Assembly declares that: (1) In order to ensure the highest possible level of livability in Oregon, it is necessary to provide for properly prepared and coordinated comprehensive plans for cities and counties, regional areas and the state as a whole. These comprehensive plans: (a) Must be adopted by the appropriate governing body at the local and state levels; (b) Are expressions of public policy in the form of policy statements, generalized maps and standards and guidelines; (c) Shall be the basis for more specific rules and land use regulations which implement the policies expressed through the comprehensive plans; (d) Shall be prepared to assure that all public actions are consistent and coordinated with the policies expressed through the comprehensive plans; and (e) Shall be regularly reviewed and, if necessary, amended to keep them consistent with the changing needs and desires of the public they are designed to serve. (2)(a) The overarching principles guiding the land use program in the State of Oregon are to: (A) Provide a healthy environment; (B) Sustain a prosperous economy; (C) Ensure a desirable quality of life; and (D) Equitably allocate the benefits and burdens of land use planning. (b) Additionally, the land use program should, but is not required to, help communities achieve sustainable development patterns and manage the effects of climate change. (c) The overarching principles in paragraph (a) of this subsection and the purposes in paragraph (b) of this subsection provide guidance to: (A) The Legislative Assembly when enacting a law regulating land use. (B) A public body, as defined in ORS 174.109, when the public body: (i) Adopts or interprets goals, comprehensive plans and land use regulations implementing the plans, or administrative rules implementing a provision of ORS chapter 195, 196, 197, 197A, 215 or 227; or (ii) Interprets a law governing land use. (d) Use of the overarching principles in paragraph (a) of this subsection and the purposes in paragraph (b) of this subsection is not a legal requirement for the Legislative Assembly or other public body and is not judicially enforceable. (3) The equitable balance between state and local government interests can best be achieved by resolution of conflicts using alternative dispute resolution techniques such as mediation, collaborative planning and arbitration. Such dispute resolution techniques are particularly suitable for conflicts arising over periodic review, comprehensive plan and land use regulations, amendments, enforcement issues and local interpretation of state land use policy.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.012. Compact urban development. In areas of the state that are growing rapidly, state agencies, as defined in ORS 171.133, cities and counties should, within constraints of applicable federal law and regulations, state law and rules and local ordinances: (1) Consider directing major public infrastructure investments, including major transportation investments, to reinforce compact urban development; and (2) Consider giving priority to investments that promote infill or redevelopment of existing urban areas to encourage the density necessary to support alternative modes of transportation. [2009 c.873 14] Note:
ORS Chapter 197 — Comprehensive Land Use

ORS 197.013. Implementation and enforcement are of statewide concern. Implementation and enforcement of acknowledged comprehensive plans and land use regulations are matters of statewide concern.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.020. Land use decision considerations. Age, gender or physical disability shall not be an adverse consideration in making a land use decision as defined in ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.030. Land Conservation and Development Commission; members; appointment; confirmation; term; vacancies. (1) There is established a Land Conservation and Development Commission consisting of seven members appointed by the Governor, subject to confirmation by the Senate pursuant to section 4, Article III, Oregon Constitution. (2) The Governor shall appoint to the commission: (a) One member representing Clatsop, Columbia, Coos, Curry, Lincoln and Tillamook Counties and those portions of Douglas and Lane Counties lying west of the summit of the Coast Range; (b) Two members representing Clackamas, Multnomah and Washington Counties; (c) One member representing Benton, Linn, Marion, Polk and Yamhill Counties and that portion of Lane County lying east of the summit of the Coast Range; (d) One member representing Jackson and Josephine Counties and that portion of Douglas County lying east of the summit of the Coast Range; (e) One member representing Baker, Crook, Deschutes, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco and Wheeler Counties; and (f) One member representing Benton, Clackamas, Linn, Marion, Multnomah, Polk, Washington and Yamhill Counties and that portion of Lane County lying east of the summit of the Coast Range. (3) At least one member shall be or have been an elected city official in Oregon and at least one member shall be an elected county official at the time of appointment. (4) The term of office of each member of the commission is four years, but a member may be removed by the Governor for cause. Before the expiration of the term of a member, the Governor shall appoint a successor. No person shall serve more than two full terms as a member of the commission. (5) If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.035. Officers; quorum; compensation and expenses. (1) The Land Conservation and Development Commission shall select one of its members as chairperson and another member as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the commission determines. The vice chairperson of the commission shall act as the chairperson of the commission in the absence of the chairperson. (2) A majority of the members of the commission constitutes a quorum for the transaction of business. (3) Members of the commission are entitled to compensation and expenses as provided in ORS 292.495. [1973 c.80 7,8]
ORS Chapter 197 — Comprehensive Land Use

ORS 197.045. Powers of commission. The Land Conservation and Development Commission may: (1) Apply for and receive moneys from the federal government and from this state or any of its agencies or departments. (2) Contract with any public agency for the performance of services or the exchange of employees or services by one to the other necessary in carrying out ORS chapters 195, 196, 197 and 197A. (3) Contract for the services of and consultation with professional persons or organizations, not otherwise available through federal, state and local governmental agencies, in carrying out its duties under ORS chapters 195, 196, 197 and 197A. (4) Perform other functions required to carry out ORS chapters 195, 196, 197 and 197A. (5) Assist in development and preparation of model land use regulations to guide state agencies, cities, counties and special districts in implementing goals. (6) Notwithstanding any other provision of law, review comprehensive plan and land use regulations related to the identification and designation of high-value farmland pursuant to chapter 792, Oregon Laws 1993, under procedures set forth in ORS 197.251. [1973 c.80 10; 1977 c.664 6; 1981 c.748 22a; 1993 c.792 11] Note: Legislative Counsel has substituted chapter 792, Oregon Laws 1993, for the words this 1993 Act in section 11, chapter 792, Oregon Laws 1993, which amended 197.045. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1993 Comparative Section Table located in Volume 22 of ORS.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.050. Interstate agreements and compacts; commission powers. Except as provided in ORS 196.150 and 196.155, if an interstate land conservation and development planning agency is created by an interstate agreement or compact entered into by this state, the Land Conservation and Development Commission shall perform the functions of this state with respect to the agreement or compact. If the functions of the interstate planning agency duplicate any of the functions of the commission under ORS 195.020 to 195.040, ORS chapters 197 and 197A and ORS 469.350, the commission may: (1) Negotiate with the interstate agency in defining the areas of responsibility of the commission and the interstate planning agency; and (2) Cooperate with the interstate planning agency in the performance of its functions.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.060. Biennial report; draft submission to legislative committee; contents. (1) Prior to the end of each even-numbered year, the Department of Land Conservation and Development shall prepare a written report for submission to the Legislative Assembly of the State of Oregon describing activities and accomplishments of the department, Land Conservation and Development Commission, state agencies, local governments and special districts in carrying out ORS chapters 195, 196, 197 and 197A. (2) A draft of the report required by subsection (1) of this section shall be submitted to the appropriate legislative committee at least 60 days prior to submission of the report to the Legislative Assembly. Comments of the committee shall be incorporated into the final report. (3) Goals and guidelines adopted by the commission shall be included in the report to the Legislative Assembly submitted under subsection (1) of this section. (4) The department shall include in its biennial report: (a) A description of its activities implementing ORS 197.631; and (b) An accounting of new statutory, land use planning goal and rule requirements and local government compliance with the new requirements pursuant to ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.065. Biennial report analyzing uses of certain land; annual local government reports. (1) Prior to each odd-numbered year regular legislative session, the Land Conservation and Development Commission shall submit to the appropriate legislative committee a written report analyzing applications approved and denied for: (a) New and replacement dwellings: (A) Under ORS 215.213 (1)(d) and (f), (2)(a) and (b), (3) and (4), 215.283 (1)(d) and (e), 215.284 and 215.705; and (B) On land zoned for forest use under any statewide planning goal that relates to forestland; (b) Divisions of land: (A) Under ORS 215.263 (2), (4) and (5); and (B) On land zoned for forest use under any statewide planning goal that relates to forestland, including a division under ORS 215.785; (c) Dwellings and land divisions approved for marginal lands: (A) Under ORS 215.317 or 215.327; and (B) On any land zoned for forest use under any statewide planning goal that relates to forestland; and (d) Such other matters pertaining to protection of agricultural or forest land as the commission deems appropriate. (2) The governing body of each county shall provide the Department of Land Conservation and Development with a report of its actions involving those dwellings, land divisions and land designations upon which the commission must report to the appropriate legislative committee under subsection (1) of this section. The department shall establish, after consultation with county governing bodies, an annual reporting period and may establish a schedule for receiving county reports at intervals within the reporting period. The report shall be on a standard form with a standardized explanation adopted by the commission and shall be eligible for grants by the commission. The report shall include the findings for each action except actions involving: (a) Dwellings authorized by ORS 215.213 (1)(d) or 215.283 (1)(d); or (b) Land divisions authorized by ORS 215.263 (2) creating parcels as large as or larger than a minimum size established by the commission under ORS 215.780. (3) The governing body of each county shall, upon request by the department, provide the department with other information necessary to carry out subsection (1) of this section.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.070. Public inspection of assessments prepared by commission. The Land Conservation and Development Commission shall keep on file and available for public inspection the assessments prepared pursuant to ORS 197.040 and 197.230. [1995 c.299 3] DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT
ORS Chapter 197 — Comprehensive Land Use

ORS 197.075. Department of Land Conservation and Development. The Department of Land Conservation and Development is established. The department shall consist of the Land Conservation and Development Commission, the Director of the Department of Land Conservation and Development and their subordinate officers and employees.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.085. Director; appointment; compensation and expenses. (1) The Land Conservation and Development Commission shall appoint a person to serve as the Director of the Department of Land Conservation and Development. The director shall hold the office of the director at the pleasure of the commission and the salary of the director shall be fixed by the commission unless otherwise provided by law. (2) In addition to salary, the director shall be reimbursed, subject to any applicable law regulating travel and other expenses of state officers and employees, for actual and necessary expenses incurred by the director in the performance of official duties.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.090. Duties and authority of director; appealing local land use decision; rules. (1) Subject to policies adopted by the Land Conservation and Development Commission, the Director of the Department of Land Conservation and Development shall: (a) Be the administrative head of the Department of Land Conservation and Development. (b) Coordinate the activities of the department in its land conservation and development functions with such functions of federal agencies, other state agencies, local governments and special districts. (c) Appoint, reappoint, assign and reassign all subordinate officers and employees of the department, prescribe their duties and fix their compensation, subject to the State Personnel Relations Law. (d) Represent this state before any agency of this state, any other state or the United States with respect to land conservation and development within this state. (2)(a) Subject to local government requirements and the provisions of ORS 197.830 to
ORS Chapter 197 — Comprehensive Land Use

ORS 197.095. Land Conservation and Development Account. (1) There is established in the General Fund in the State Treasury the Land Conservation and Development Account. Moneys in the account are continuously appropriated for the purpose of carrying out ORS chapters 195, 196, 197 and 197A. (2) All fees, moneys and other revenue received by the Department of Land Conservation and Development shall be deposited in the Land Conservation and Development Account.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.135. [1973 c.80 24; 1981 c.748 24; repealed by 2007 c.354 1] ADVISORY COMMITTEES
ORS Chapter 197 — Comprehensive Land Use

ORS 197.158. Policy-neutral review and audit of statewide land use program. (1) The Land Conservation and Development Commission, in cooperation with the Oregon Law Commission and other public or private entities, may, as resources are available, appoint a work group to conduct a policy-neutral review and audit of ORS chapters 195, 196, 197, 197A, 215 and 227, the statewide land use planning goals and the rules of the commission implementing the goals. (2) The commission shall sequence any review based on its judgment as to which aspects of the statewide land use program are most in need of updating. (3) A review undertaken under this section should, but does not have to, include appropriate involvement of local government, professional land use planning, private legal and other representatives. (4) Recommendations should, but do not have to, address major policies and key procedures that are most appropriate for enactment by law and what policies and procedures are most appropriate for adoption by statewide land use planning goals or rules to allow for greater variation between regions of the state over time and to reduce complexity. [2009 c.873 17] Note:
ORS Chapter 197 — Comprehensive Land Use

ORS 197.160. State Citizen Involvement Advisory Committee; city and county citizen advisory committees. (1) To assure widespread citizen involvement in all phases of the planning process: (a) The Land Conservation and Development Commission shall appoint a State Citizen Involvement Advisory Committee, broadly representative of geographic areas of the state and of interests relating to land uses and land use decisions, to develop a program for the commission that promotes and enhances public participation in the adoption and amendment of the goals and guidelines. (b) Each city and county governing body shall submit to the commission, on a periodic basis established by commission rule, a program for citizen involvement in preparing, adopting and amending comprehensive plans and land use regulations within the respective city and county. Such program shall at least contain provision for a citizen advisory committee or committees broadly representative of geographic areas and of interests relating to land uses and land use decisions. (c) The State Citizen Involvement Advisory Committee appointed under paragraph (a) of this subsection shall review the proposed programs submitted by each city and county and report to the commission whether or not the proposed program adequately provides for public involvement in the planning process, and, if it does not so provide, in what respects it is inadequate. (2) The State Citizen Involvement Advisory Committee is limited to an advisory role to the commission. It has no express or implied authority over any local government or state agency.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.173. Findings regarding coordination between state agencies and local governments. The Legislative Assembly finds and declares that: (1) Improving coordination and consistency between the duties and actions of state agencies that affect land use and the duties and actions of local governments under comprehensive plans and land use regulations is required to ensure that the actions of state agencies complement both state and local land use planning objectives. (2) Improved coordination is necessary to streamline state and local permitting procedures. (3) The Department of Land Conservation and Development has not engaged in a formal and concerted effort to update state agency land use coordination programs since 1989, and that state agency rules, plans and programs affecting land use and local government comprehensive plans and land use regulations have changed substantially since that time. (4) Rules of the Land Conservation and Development Commission regarding state agency land use coordination and state permit compliance and compatibility should be: (a) Reviewed to eliminate unclear or conflicting provisions and to ensure that local land use decisions authorizing a use generally precede state agency decisions on permits for the use or for aspects of the use; and (b) Updated regularly to maintain a high level of coordination between state agencies and local governments in reviewing authorizations for a use of property. [2009 c.606 1] Note:
ORS Chapter 197 — Comprehensive Land Use

ORS 197.175. Cities and counties planning responsibilities; rules on incorporations; compliance with goals. (1) Cities and counties shall exercise their planning and zoning responsibilities, including, but not limited to, a city or special district boundary change which shall mean the annexation of unincorporated territory by a city, the incorporation of a new city and the formation or change of organization of or annexation to any special district authorized by ORS 198.705 to 198.955, 199.410 to 199.534 or 451.010 to 451.620, in accordance with ORS chapters 195, 196, 197 and 197A and the goals approved under ORS chapters 195, 196, 197 and 197A. The Land Conservation and Development Commission shall adopt rules clarifying how the goals apply to the incorporation of a new city. Notwithstanding the provisions of section 15, chapter 827, Oregon Laws 1983, the rules shall take effect upon adoption by the commission. The applicability of rules promulgated under this section to the incorporation of cities prior to August 9, 1983, shall be determined under the laws of this state. (2) Pursuant to ORS chapters 195, 196, 197 and 197A, each city and county in this state shall: (a) Prepare, adopt, amend and revise comprehensive plans in compliance with goals approved by the commission; (b) Enact land use regulations to implement their comprehensive plans; (c) If its comprehensive plan and land use regulations have not been acknowledged by the commission, make land use decisions and limited land use decisions in compliance with the goals; (d) If its comprehensive plan and land use regulations have been acknowledged by the commission, make land use decisions and limited land use decisions in compliance with the acknowledged plan and land use regulations; and (e) Make land use decisions and limited land use decisions subject to an unacknowledged amendment to a comprehensive plan or land use regulation in compliance with those land use goals applicable to the amendment. (3) Notwithstanding subsection (1) of this section, the commission shall not initiate by its own action any annexation of unincorporated territory pursuant to ORS 222.111 to 222.750 or formation of and annexation of territory to any district authorized by ORS 198.510 to 198.915 or 451.010 to 451.620.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.183. Local government to notify Department of Aviation of applications received for certain water impoundments. (1) A local government shall provide notice to the Oregon Department of Aviation when the local government or its designee receives an application for a comprehensive plan amendment, zone change or permit as defined in ORS 215.402 or 227.160 that, if approved, would result in a water impoundment larger than one-quarter acre within 10,000 feet of an airport identified in ORS 836.610 (1). (2) The department has no authority to make final a determination regarding a new water impoundment described in ORS 836.623. Determinations regarding such impoundments shall be made by local governments as provided in ORS 836.623.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.186. Removal from buildable lands inventory of land subject to open space tax assessment; reapplication for assessment. (1) At periodic review under ORS