reglab/housing_qa huggingface dataset:
OR Rev Stat § 197.319 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 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 197.324. (3) A metropolitan service district may request an enforcement order under ORS 197.320 (12) without first complying with subsections (1) and (2) of this section. [1989 c.761 §4; 1993 c.804 §9; 2007 c.176 §2; 2019 c.640 §11]
OR Rev Stat § 197.324 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 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. ______________________________________________________________________________ [1989 c.761 §5; 1995 c.778 §3]
OR Rev Stat § 197.328 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 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. [1989 c.761 §6]
OR Rev Stat § 197.340 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 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. [1981 c.748 §20; 1987 c.729 §1; 1995 c.521 §2]
OR Rev Stat § 197.350 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 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 and 197. [1981 c.748 §10a; 1983 c.827 §43; 1991 c.817 §26]
OR Rev Stat § 197.352 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.352

[2005 c.1; 2007 c.354 §28; 2007 c.424 §4; renumbered 195.305 in 2007]
OR Rev Stat § 197.353 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 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: 197.353 includes references to 197.352, which was amended and renumbered as 195.305 by action of the Legislative Assembly. See section 28, chapter 354, Oregon Laws 2007, and sections 1, 1a and 4, chapter 424, Oregon Laws 2007. The text of 197.353 was not amended to reflect the amendments or renumbering. Editorial adjustment of 197.353 for the amendments to and renumbering of 197.352 has not been made.
OR Rev Stat § 197.360 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.360 - "Expedited land division" defined; applicability.

(1) As used in this section: (a) "Expedited land division" means a division of land under ORS 92.010 to 92.192, 92.205 to 92.245 or 92.830 to 92.845 by a local government that: (A) Includes only land that is zoned for residential uses and is within an urban growth boundary. (B) Is solely for the purposes of residential use, including recreational or open space uses accessory to residential use. (C) Does not provide for dwellings or accessory buildings to be located on land that is specifically mapped and designated in the comprehensive plan and land use regulations for full or partial protection of natural features under the statewide planning goals that protect: (i) Open spaces, scenic and historic areas and natural resources; (ii) The Willamette River Greenway; (iii) Estuarine resources; (iv) Coastal shorelands; and (v) Beaches and dunes. (D) Satisfies minimum street or other right-of-way connectivity standards established by acknowledged land use regulations or, if such standards are not contained in the applicable regulations, as required by statewide planning goals or rules. (E) Will result in development that either: (i) Creates enough lots or parcels to allow building residential units at 80 percent or more of the maximum net density permitted by the zoning designation of the site; or (ii) Will be sold or rented to households with incomes below 120 percent of the median family income for the county in which the project is built. (b) "Expedited land division" includes land divisions that create three or fewer parcels under ORS 92.010 to 92.192 and meet the criteria set forth in paragraph (a) of this subsection. (2) An expedited land division as described in this section is not a land use decision or a limited land use decision under ORS 197.015 or a permit under ORS 215.402 or 227.160. (3) The provisions of ORS 197.360 to 197.380 apply to all elements of a local government comprehensive plan and land use regulations applicable to a land division, including any planned unit development standards and any procedures designed to regulate: (a) The physical characteristics of permitted uses; (b) The dimensions of the lots or parcels to be created; or (c) Transportation, sewer, water, drainage and other facilities or services necessary for the proposed development, including but not limited to right-of-way standards, facility dimensions and on-site and off-site improvements. (4) An application for an expedited land division submitted to a local government shall describe the manner in which the proposed division complies with each of the provisions of subsection (1) of this section. [1995 c.595 §7; 2015 c.260 §1]
OR Rev Stat § 197.370 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.370 - Failure of local government to timely act on application.

(1) Except as provided in subsection (2) of this section, if the local government does not make a decision on an expedited land division or a middle housing land division, as defined in ORS 92.031, within 63 days after the application is deemed complete, the applicant may apply in the circuit court for the county in which the application was filed for a writ of mandamus to compel the local government to issue the approval. The writ shall be issued unless the local government shows that the approval would violate a substantive provision of the applicable land use regulations or the requirements of ORS 92.031 or 197.360. A decision of the circuit court under this section may be appealed only to the Court of Appeals. (2) After seven days’ notice to the applicant, the governing body of the local government may, at a regularly scheduled public meeting, take action to extend the 63-day time period to a date certain for one or more applications for an expedited land division or a middle housing land division prior to the expiration of the 63-day period, based on a determination that an unexpected or extraordinary increase in applications makes action within 63 days impracticable. In no case shall an extension be to a date more than 120 days after the application was deemed complete. Upon approval of an extension, the provisions of ORS 92.031 and 197.360 to 197.380, including the mandamus remedy provided by subsection (1) of this section, shall remain applicable to the land division, except that the extended period shall be substituted for the 63-day period wherever applicable. (3) The decision to approve or not approve an extension under subsection (2) of this section is not a land use decision or limited land use decision. [1995 c.595 §9; 2021 c.103 §7]
OR Rev Stat § 197.380 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.380 - Application fees.

Each city and county shall establish application fees for an expedited land division and a middle housing land division, as defined in ORS 92.031. The fees must be set at a level calculated to recover the estimated full cost of processing an application, including the cost of appeals to the referee under ORS 197.375, based on the estimated average cost of such applications. Within one year of establishing a fee under this section, the city or county shall review and revise the fee, if necessary, to reflect actual experience in processing applications under ORS 92.031 and 197.360 to 197.380. [1995 c.595 §11; 1999 c.348 §8; 2021 c.103 §9]
OR Rev Stat § 197.390 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.390 - Activities on federal land; list; permit required; enjoining violations.

(1) The Land Conservation and Development Commission shall study and compile a list of all activities affecting land use planning which occur on federal land and which the state may regulate or control in any degree. (2) No activity listed by the commission pursuant to subsection (1) of this section which the state may regulate or control which occurs upon federal land shall be undertaken without a permit issued under ORS 197.395. (3) Any person or agency acting in violation of subsection (2) of this section may be enjoined in civil proceedings brought in the name of the State of Oregon. [1975 c.486 §2; 1981 c.748 §33]
OR Rev Stat § 197.395 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.395 - Application for permit; review and issuance; conditions; restrictions; review.

(1) Any person or public agency desiring to initiate an activity which the state may regulate or control and which occurs upon federal land shall apply to the local government in which the activity will take place for a permit. The application shall contain an explanation of the activity to be initiated, the plans for the activity and any other information required by the local government as prescribed by rule of the Land Conservation and Development Commission. (2) If the local government finds after review of the application that the proposed activity complies with goals and the comprehensive plans of the local government affected by the activity, it shall approve the application and issue a permit for the activity to the person or public agency applying for the permit. If the governing body does not approve or disapprove the permit within 60 days of receipt of the application, the application shall be considered approved. (3) The local government may prescribe and include in the permit any conditions or restrictions that it considers necessary to assure that the activity complies with the goals and the comprehensive plans of the local governments affected by the activity. (4) Actions pursuant to this section are subject to review under ORS 197.830 to 197.845. [1975 c.486 §3; 1977 c.664 §26; 1979 c.772 §7c; 1981 c.748 §40; 1983 c.827 §44]
OR Rev Stat § 197.405 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.405 - Designation of areas of critical state concern; commission recommendation; committee review; approval by Legislative Assembly.

(1) The Land Conservation and Development Commission may recommend to appropriate legislative committees the designation of areas of critical state concern. Each such recommendation: (a) Shall specify the reasons for the implementation of additional state regulations for the described geographic area; (b) Shall include a brief summary of the existing programs and regulations of state and local agencies applicable to the area; (c) May include a management plan for the area indicating the programs and regulations of state and local agencies, if any, unaffected by the proposed state regulations for the area; (d) May establish permissible use limitations for all or part of the area; (e) Shall locate a boundary describing the area; and (f) May designate permissible use standards for all or part of the lands within the area or establish standards for issuance or denial of designated state or local permits regulating specified uses of lands in the area, or both. (2) The commission may act under subsection (1) of this section on its own motion or upon the recommendation of a state agency or a local government. If the commission receives a recommendation from a state agency or a local government and finds the proposed area to be unsuitable for designation, it shall notify the state agency or the local government of its decision and its reasons for that decision. (3) Immediately following its decision to favorably recommend to the Legislative Assembly the designation of an area of critical state concern, the commission shall submit the proposed designation accompanied by the supporting materials described in subsection (1) of this section to the appropriate legislative committees for review. (4) No proposed designation under subsection (1) of this section shall take effect unless it has first been submitted to appropriate legislative committees under subsection (3) of this section and has been approved by the Legislative Assembly. The Legislative Assembly may adopt, amend or reject the proposed designation. [1973 c.80 §26; 1977 c.664 §28; 1981 c.748 §12; 2007 c.354 §11]
OR Rev Stat § 197.410 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.410 - Use and activities regulated; enjoining violations.

(1) No use or activity subjected to state regulations required or allowed for a designated area of critical state concern shall be undertaken except in accordance with the applicable state regulations. (2) Any person or agency acting in violation of subsection (1) of this section may be enjoined in civil proceedings brought in the name of the county or the State of Oregon. [1973 c.80 §30; 1977 c.664 §29; 1981 c.748 §13]
OR Rev Stat § 197.416 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.416 - Metolius Area of Critical State Concern.

(1) As used in this section, "Metolius Area of Critical State Concern" means the areas identified as Area 1 and Area 2 in the management plan recommended by the Land Conservation and Development Commission. (2) Pursuant to ORS 197.405 (4), the Legislative Assembly hereby approves the recommendation of the commission, submitted to the Legislative Assembly on April 2, 2009, that the Metolius Area of Critical State Concern be designated an area of critical state concern. (3) The Legislative Assembly approves the management plan included in the commission’s recommendation pursuant to ORS 197.405 (1)(c) and directs the commission to adopt the management plan, by rule, without change except that: (a) The management plan must require: (A) The commission to give notice of proposed amendments to the management plan to the governing bodies of Jefferson County and of the Confederated Tribes of the Warm Springs Indian Reservation; and (B) If either governing body files a written objection to the proposed amendments, the commission to adopt the proposed amendments only if the commission finds by clear and convincing evidence that the proposed amendments meet the requirements of subsection (5) of this section. (b) The management plan must limit development of a small-scale recreation community within township 13 south, range 10 east, sections 20, 21, 28 and 29 in Jefferson County so that all units must be sited within up to 25 clusters that may be connected only by a road system. The commission may not enforce, and shall modify, a contrary provision in the management plan. (c) Descriptions in the management plan of annual average water use must refer to annual average consumptive water use. The commission may not enforce, and shall modify, a contrary provision in the management plan. (4) Except as otherwise provided in this section, the commission may amend the management plan only as provided in the management plan and only pursuant to applicable rulemaking procedures. (5) In addition to limitations on development that are contained in the management plan, new development allowed by amendment of the management plan, except development allowed by the administrative amendments required by subsection (3) of this section, may not result in: (a) Negative impact on the Metolius River, its springs or its tributaries; (b) Negative impact on fish resources in the Metolius Area of Critical State Concern; or (c) Negative impact on the wildlife resources in the Metolius Area of Critical State Concern. (6) A county may not approve siting a destination resort in the Metolius Area of Critical State Concern. [2009 c.712 §1] Note: 197.416 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.