reglab/housing_qa huggingface dataset:
OR Rev Stat § 197.764 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.764 - Application to remove property from within urban growth boundary; conditions.

(1) A local government may approve an application to remove a lot or parcel from within an urban growth boundary if: (a) The application is submitted by the owner of the lot or parcel; (b)(A) The lot or parcel is adjacent to the edge of the urban growth boundary; or (B) The lot or parcel is adjacent to another lot or parcel that is removed under this section; (c) The lot or parcel is assessed under ORS 308A.050 to 308A.128 for its value for farm use; (d) The lot or parcel is not within the boundaries of a city; and (e) The lot or parcel is not included in an area identified for urban services under ORS 197.754. (2) A local government, in deciding whether to approve an application under subsection (1) of this section, shall consider: (a) The projected costs and other consequences of extending urban services to the affected lot or parcel; (b) The potential value in the investment of providing urban services to the affected lot or parcel; (c) Any requirement for expanding the urban growth boundary in other areas to compensate for any loss in buildable lands; and (d) The projected costs and other consequences of providing urban services to other areas brought in under an expanded urban growth boundary. (3)(a) Land that is removed from within an urban growth boundary pursuant to an application approved under this section shall be removed from any inventory of buildable lands maintained by the local government. (b) A local government that approves an application under this section shall either expand the urban growth boundary to compensate for any resulting reduction in available buildable lands or increase the development capacity of the remaining supply of buildable lands. [1999 c.503 §1; 2001 c.104 §70]
OR Rev Stat § 197.766 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.766 - Laws applicable to certain local decisions regarding urban growth boundary.

(1) A decision of a local government to expand an urban growth boundary shall comply with the provisions of ORS 197.296. (2) A decision of a local government under ORS 197.764 (1) is a land use decision. [1999 c.503 §2]
OR Rev Stat § 197.770 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.770 - Firearms training facilities.

(1) Any firearms training facility in existence on September 9, 1995, shall be allowed to continue operating until such time as the facility is no longer used as a firearms training facility. (2) For purposes of this section, a "firearms training facility" is an indoor or outdoor facility that provides training courses and issues certifications required: (a) For law enforcement personnel; (b) By the State Department of Fish and Wildlife; or (c) By nationally recognized programs that promote shooting matches, target shooting and safety. [1995 c.475 §2]
OR Rev Stat § 197.772 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.772 - Consent for designation as historic property.

(1) Notwithstanding any other provision of law, a local government shall allow a property owner to refuse to consent to any form of historic property designation at any point during the designation process. Such refusal to consent shall remove the property from any form of consideration for historic property designation under ORS 358.480 to 358.545 or other law, except for consideration or nomination to the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended (54 U.S.C. 300101 et seq.). (2) A permit for the demolition or modification of property removed from consideration for historic property designation under subsection (1) of this section may not be issued during the 120-day period following the date of the property owner’s refusal to consent. (3) A local government shall allow a property owner to remove from the property a historic property designation that was imposed on the property by the local government. [1995 c.693 §21; 2001 c.540 §19; 2021 c.97 §18]
OR Rev Stat § 197.791 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.791 - Inventory of local government surplus real property; report.

(1) As used in this section: (a) "Local government" means a city or county. (b) "Surplus real property" means real property in which a government entity holds title through a deed or other legal instrument that is no longer suitable or needed for the duties and responsibilities of the government entity. (2) The Department of Land Conservation and Development shall develop and implement an electronic system for receiving and displaying inventory information described in subsection (3) of this section. The electronic system must be a web-based or online system that allows: (a) Government entities to upload inventories described in subsection (3) of this section using a template developed by the department; and (b) The general public to search and view information stored by the system. (3)(a) No later than January 1 of each even-numbered year, each local government shall prepare and submit to the department, using the system developed under subsection (2) of this section, an inventory of surplus real property owned by the local government that is: (A) Located inside an urban growth boundary; or (B) Located in an area zoned for rural residential use as defined in ORS 215.501. (b) A mass transit district established under ORS 267.010 to 267.394 or a transportation district organized under ORS 267.510 to 267.650 may submit to the department an inventory of surplus real property owned by the district as described in paragraph (a) of this subsection. (4) Nothing in this section requires the department to verify the accuracy of information received by the department using the system developed under subsection (2) of this section before making the information available to the public. (5) No later than February 1 of each even-numbered year, the department shall present the information received by the department under subsection (3) of this section in a report to the interim committees of the Legislative Assembly related to housing in the manner provided under ORS 192.245. [2021 c.624 §1] Note: 197.791 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.
OR Rev Stat § 197.794 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.794 - Notice to railroad company upon certain applications for land use decision, limited land use decision or expedited land use decision.

(1) As used in this section, "railroad company" has the meaning given that term in ORS 824.200. (2) If a railroad-highway crossing provides or will provide the only access to land that is the subject of an application for a land use decision, a limited land use decision or an expedited land division, the applicant must indicate that fact in the application submitted to the decision maker. (3) The decision maker shall provide notice to the Department of Transportation and the railroad company whenever the decision maker receives the information described under subsection (2) of this section. [2003 c.145 §2]
OR Rev Stat § 197.798 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.798 - Rules regulating transportation improvements by city or county.

(1) As used in this section, "transportation facility" means any physical facility that moves or assists in the movement of people or goods. (2) The Land Conservation and Development Commission shall adopt rules or amend existing rules as necessary to allow a city or county to propose transportation improvements located outside of that city or county when the city or county is considering an amendment to a functional plan, comprehensive plan or land use regulation and the amendment would significantly affect a transportation facility within the city or county. (3) A city or county may use highway mobility targets established for a highway corridor by the Department of Transportation’s Oregon Highway Plan as the basis for proposing transportation improvements located outside of that city or county. [2015 c.280 §1] Note: 197.798 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.
OR Rev Stat § 197.805 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.805 - Policy on review of land use decisions.

It is the policy of the Legislative Assembly that time is of the essence in reaching final decisions in matters involving land use and that those decisions be made consistently with sound principles governing judicial review. It is the intent of the Legislative Assembly in enacting ORS 197.805 to 197.855 to accomplish these objectives. [1979 c.772 §1a; 1983 c.827 §28]
OR Rev Stat § 197.810 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.810 - Land Use Board of Appeals; appointment and removal of members; qualifications.

(1) There is hereby created a Land Use Board of Appeals consisting of not more than three positions. Board members shall be appointed by the Governor subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. The board shall consist of a board chairperson chosen by the board members and such other board members as the Governor considers necessary. The members of the board shall serve terms of four years. A member is eligible for reappointment. The salaries of the members shall be fixed by the Governor unless otherwise provided for by law. The salary of a member of the board shall not be reduced during the period of service of the member. (2) The Governor may at any time remove any member of the board for inefficiency, incompetence, neglect of duty, malfeasance in office or unfitness to render effective service. Before such removal the Governor shall give the member a copy of the charges against the member and shall fix the time when the member can be heard in defense against the charges, which shall not be less than 10 days thereafter. The hearing shall be open to the public and shall be conducted in the same manner as a contested case under ORS chapter 183. The decision of the Governor to remove a member of the board shall be subject to judicial review in the same manner as provided for review of contested cases under ORS 183.480 to 183.540. (3) Board members appointed under subsection (1) of this section shall be members in good standing of the Oregon State Bar. [1979 c.772 §2; 1983 c.827 §28a; 1997 c.436 §1; 1999 c.257 §1]
OR Rev Stat § 197.815 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.815 - Office location; proceedings may be conducted by telephone.

(1) The principal office of the Land Use Board of Appeals shall be in the state capital, but the board may hold hearings in any county or city in order to provide reasonable opportunities to parties to appear before the board with as little inconvenience and expense as is practicable. Upon request of the board, the county or city governing body shall provide the board with suitable rooms for hearings held in that city or county. (2) For the convenience of one or more of the parties, the board may hold hearings by telephone. [1983 c.827 §29; 1999 c.257 §2]
OR Rev Stat § 197.820 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.820 - Duty to conduct review proceedings; authority to issue orders; rules.

(1) The Land Use Board of Appeals shall conduct review proceedings upon petitions filed in the manner prescribed in ORS 197.830. (2) In conducting review proceedings the members of the board may sit together or separately as the board chairperson shall decide. (3) The board chairperson shall apportion the business of the board among the members of the board. Each member shall have the power to hear and issue orders on petitions filed with the board and on all issues arising under those petitions. (4) The board shall adopt rules governing: (a) The conduct of review proceedings brought before it under ORS 197.830 to 197.845. (b) The transfer of a matter to the board by the Director of the Department of Land Conservation and Development under ORS 197.825 (2)(c). [1979 c.772 §2a; 1983 c.827 §28b; 1997 c.436 §2; 1999 c.257 §3; 2005 c.245 §2; 2005 c.829 §11]
OR Rev Stat § 197.825 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.825 - Jurisdiction of board; limitations; effect on circuit court jurisdiction.

(1) Except as provided in ORS 197.320 and subsections (2) and (3) of this section, the Land Use Board of Appeals shall have exclusive jurisdiction to review any land use decision or limited land use decision of a local government, special district or a state agency in the manner provided in ORS 197.830 to 197.845. (2) The jurisdiction of the board: (a) Is limited to those cases in which the petitioner has exhausted all remedies available by right before petitioning the board for review; (b) Is subject to the provisions of ORS 197.850 relating to judicial review by the Court of Appeals; (c) Does not include a local government decision that is: (A) Submitted to the Department of Land Conservation and Development for acknowledgment under ORS 197.251, 197.626 or 197.628 to 197.651 or a matter arising out of a local government decision submitted to the department for acknowledgment, unless the Director of the Department of Land Conservation and Development, in the director’s sole discretion, transfers the matter to the board; or (B) Subject to the review authority of the department under ORS 197.430, 197.445, 197.450 or 197.455 or a matter related to a local government decision subject to the review authority of the department under ORS 197.430, 197.445, 197.450 or 197.455; (d) Does not include those land use decisions of a state agency over which the Court of Appeals has jurisdiction for initial judicial review under ORS 183.400, 183.482 or other statutory provisions; (e) Does not include any rules, programs, decisions, determinations or activities carried out under ORS 527.610 to 527.770, 527.990 (1) and 527.992; (f) Is subject to ORS 196.115 for any county land use decision that may be reviewed by the Columbia River Gorge Commission pursuant to sections 10(c) or 15(a)(2) of the Columbia River Gorge National Scenic Area Act, P.L. 99-663; and (g) Does not include review of expedited land divisions under ORS 197.360. (3) Notwithstanding subsection (1) of this section, the circuit courts of this state retain jurisdiction: (a) To grant declaratory, injunctive or mandatory relief in proceedings arising from decisions described in ORS 197.015 (10)(b) or proceedings brought to enforce the provisions of an adopted comprehensive plan or land use regulations; and (b) To enforce orders of the board in appropriate proceedings brought by the board or a party to the board proceeding resulting in the order. [1983 c.827 §30; 1987 c.729 §14; 1987 c.856 §9; 1987 c.919 §4; 1989 c.761 §11; 1991 c.817 §4; 1995 c.595 §26; 1999 c.348 §16; 2005 c.22 §146; 2005 c.245 §1; 2005 c.829 §10; 2007 c.354 §30]
OR Rev Stat § 197.828 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.828 - Board review of limited land use decision.

(1) The Land Use Board of Appeals shall either reverse, remand or affirm a limited land use decision on review. (2) The board shall reverse or remand a limited land use decision if: (a) The decision is not supported by substantial evidence in the record. The existence of evidence in the record supporting a different decision shall not be grounds for reversal or remand if there is evidence in the record to support the final decision; (b) The decision does not comply with applicable provisions of the land use regulations; (c) The decision is: (A) Outside the scope of authority of the decision maker; or (B) Unconstitutional; or (d) The local government committed a procedural error which prejudiced the substantial rights of the petitioner. [1991 c.817 §2]
OR Rev Stat § 197.829 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.829 - Board to affirm certain local government interpretations.

(1) The Land Use Board of Appeals shall affirm a local government’s interpretation of its comprehensive plan and land use regulations, unless the board determines that the local government’s interpretation: (a) Is inconsistent with the express language of the comprehensive plan or land use regulation; (b) Is inconsistent with the purpose for the comprehensive plan or land use regulation; (c) Is inconsistent with the underlying policy that provides the basis for the comprehensive plan or land use regulation; or (d) Is contrary to a state statute, land use goal or rule that the comprehensive plan provision or land use regulation implements. (2) If a local government fails to interpret a provision of its comprehensive plan or land use regulations, or if such interpretation is inadequate for review, the board may make its own determination of whether the local government decision is correct. [1993 c.792 §43; 1995 c.595 §4]
OR Rev Stat § 197.831 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.831 - Appellate review of clear and objective approval standards, conditions and procedures for needed housing.

In a proceeding before the Land Use Board of Appeals or an appellate court that involves an ordinance required to contain clear and objective approval standards, conditions and procedures for needed housing, the local government imposing the provisions of the ordinance shall demonstrate that the approval standards, conditions and procedures are capable of being imposed only in a clear and objective manner. [1999 c.357 §5; 2011 c.354 §7]
OR Rev Stat § 197.832 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.832 - Board Publications Account.

The Board Publications Account is established in the General Fund. All moneys in the account are appropriated continuously to the Land Use Board of Appeals to be used for paying expenses incurred by the board under ORS 197.830 (17). Disbursements of moneys from the account shall be approved by a member of the board. [1985 c.119 §5; 1989 c.761 §24; 1995 c.595 §17; 1997 c.436 §3; 1999 c.257 §4; 1999 c.621 §6]
OR Rev Stat § 197.843 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.843 - Attorney fees for applicant developing affordable housing.

(1) The Land Use Board of Appeals shall award attorney fees to an applicant whose application is only for the development of affordable housing, as defined in ORS 197.308, or publicly supported housing, as defined in ORS 456.250, if the board affirms a quasi-judicial land use decision approving the application or reverses a quasi-judicial land use decision denying the application. (2) A party who was awarded attorney fees under this section or ORS 197.850 shall repay the fees plus any interest from the time of the judgment if the property upon which the fees are based is developed for a use other than affordable housing. (3) As used in this section: (a) "Applicant" includes: (A) An applicant with a funding reservation agreement with a public funder for the purpose of developing publicly supported housing; (B) A housing authority, as defined in ORS 456.005; (C) A qualified housing sponsor, as defined in ORS 456.548; (D) A religious nonprofit corporation; (E) A public benefit nonprofit corporation whose primary purpose is the development of affordable housing; and (F) A local government that approved the application of an applicant described in this paragraph. (b) "Attorney fees" includes prelitigation legal expenses, including preparing the application and supporting the application in local land use hearings or proceedings. [2021 c.385 §2]
OR Rev Stat § 197.845 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.845 - Stay of decision being reviewed; criteria; undertaking; conditions; limitations.

(1) Upon application of the petitioner, the board may grant a stay of a land use decision or limited land use decision under review if the petitioner demonstrates: (a) A colorable claim of error in the land use decision or limited land use decision under review; and (b) That the petitioner will suffer irreparable injury if the stay is not granted. (2) If the board grants a stay of a quasi-judicial land use decision or limited land use decision approving a specific development of land, it shall require the petitioner requesting the stay to give an undertaking in the amount of $5,000 in addition to the filing fee under ORS 197.830 (9). The board may impose other reasonable conditions such as requiring the petitioner to file all documents necessary to bring the matter to issue within specified reasonable periods of time. (3) If the board affirms a quasi-judicial land use decision or limited land use decision for which a stay was granted under subsections (1) and (2) of this section, the board shall award reasonable attorney fees and actual damages resulting from the stay to the person who requested the land use decision or limited land use decision from the local government, special district or state agency, against the person requesting the stay in an amount not to exceed the amount of the undertaking. (4) The board shall limit the effect of a stay of a legislative land use decision to the geographic area or to particular provisions of the legislative decision for which the petitioner has demonstrated a colorable claim of error and irreparable injury under subsection (1) of this section. The board may impose reasonable conditions on a stay of a legislative decision, such as the giving of a bond or other undertaking or a requirement that the petitioner file all documents necessary to bring the matter to issue within a specified reasonable time period. [1983 c.827 §34; 1989 c.761 §22; 1991 c.817 §28; 1999 c.621 §9; 2021 c.61 §2]