reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.469 - Definitions for ORS 197.468 to 197.472.

As used in ORS 197.468 to 197.472:
(1) "Community green infrastructure project" means a green infrastructure project that provides social, environmental or economic benefits to a particular community and is developed through a collaborative process that helps to define those benefits.
(2) "Environmental justice community" has the meaning given that term in ORS 182.535.
(3) "Green communities nursery" means an Oregon nursery certified by the State Department of Agriculture under ORS 571.252.
(4) "Green infrastructure" means:
(a) Green infrastructure as defined in ORS 550.160; or
(b) Infrastructure that:
(A) Mimics natural systems, or enables natural systems to be less stressed through water conservation, water protection or ecosystem restoration, at the neighborhood or site scale as part of an integrated approach in residential, municipal or industrial developments or water infrastructure; and
(B) Implements community-based concepts, principles and practices to conserve and manage resources for future generations, sequester carbon and provide environmental and social benefits.
(5) "Green infrastructure economic development project" means a community green infrastructure project that employs members of a community that benefits from the community green infrastructure project in the development, construction, planting or maintenance of the project.
(6) "Green infrastructure improvement zone" means an area designated by the State Forestry Department under ORS 526.520.
(7) "Green infrastructure master plan" means a long-term plan developed by a public body or tribal government that involves the creation, protection or enhancement of green infrastructure, including but not limited to:
(a) An urban forestry plan;
(b) A storm water management plan; and
(c) A plan to establish parks or other public green spaces.
(8) "Indian tribe" means a federally recognized Indian tribe in Oregon.
(9) "Native plant nursery" means an Oregon nursery that specializes in plants native to Oregon.
(10) "Native seed bank" means a store of seeds from native plants that helps to:
(a) Preserve genetic diversity in those plant species to increase plant yield and health, including disease resistance and drought tolerance;
(b) Hold seeds and plants for the restorative health of a community; or
(c) Support the replanting of post-fire successional plants.
(11) "Oregon nursery" means:
(a) A person that holds a license required by ORS 571.055 issued by the State Department of Agriculture; or
(b) A nursery operated by an Indian tribe, an entity wholly owned by an Indian tribe or an enrolled member of an Indian tribe and operated on the tribe’s reservation or trust land.
(12) "Public body" has the meaning given that term in ORS 174.109. [2023 c.442 §23]
Note:
See note under 197.468.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.471 - Community Green Infrastructure Fund.

(1) The Community Green Infrastructure Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Community Green Infrastructure Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Land Conservation and Development for the purpose of carrying out ORS 197.470, subject to the allocations described in subsection (2) of this section.
(2) Of the moneys in the fund:
(a) 30 percent shall be allocated for grants to be awarded for planning or developing green infrastructure economic development projects;
(b) 40 percent shall be allocated for grants to be awarded for entities or projects located in green infrastructure improvement zones; and
(c) 30 percent shall be allocated for grants to be awarded to entities or projects in tribal, rural, remote or coastal communities. [2023 c.442 §25]
Note:
See note under 197.468.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.472 - Advisory committee; reports.

(1) The Department of Land Conservation and Development may appoint an Advisory Committee on Community Green Infrastructure Investment to provide consultation on the implementation of ORS 197.470. A committee appointed under this section shall consist of at least one representative of each of the following interests:
(a) City governments;
(b) County governments;
(c) Special districts, irrigation districts or transportation districts;
(d) School districts;
(e) Environmental justice communities;
(f) The Oregon nursery industry;
(g) Educational institutes that train professionals in horticulture, urban forestry or other green infrastructure professions;
(h) State or local parks and recreation agencies;
(i) Individuals with expertise in designing, constructing and maintaining green infrastructure;
(j) Individuals with expertise in the public or community health benefits of green infrastructure;
(k) Individuals with expertise in green workforce development or social enterprise models; and
(L) Individuals with expertise in green infrastructure projects in tribal, rural, remote or coastal communities.
(2)(a) The department shall invite each of the federally recognized Indian tribes in Oregon to participate in the advisory committee.
(b) Invitation to participate in the advisory committee is not in lieu of other forms of tribal consultation, outreach or engagement that the department may engage in as necessary to fulfill the purposes of ORS 197.468 to 197.472.
(3) No later than September 15 of each even-numbered year, the advisory committee shall submit a report on the implementation of the Community Green Infrastructure Grant Program to the appropriate interim committees of the Legislative Assembly, in the manner provided by ORS 192.245. [2023 c.442 §26]
Note:
See note under 197.468.
MANUFACTURED AND PREFABRICATED HOUSING, RECREATIONAL VEHICLES AND PARKS
Note:
Definitions in 197A.015 apply to 197.475 to 197.490.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.475 - Policy.

The Legislative Assembly declares that it is the policy of this state to provide for mobile home or manufactured dwelling parks within all urban growth boundaries to allow persons and families a choice of residential settings. [1987 c.785 §3; 1989 c.648 §53]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.478 - Siting of manufactured homes and prefabricated structures within urban growth boundaries.

(1) Notwithstanding any other provision in ORS chapter 197A, within an urban growth boundary, a local government shall allow the siting of manufactured homes and prefabricated structures on all land zoned to allow the development of single-family dwellings.
(2) This section does not apply to any area designated in an acknowledged comprehensive plan or land use regulation as a historic district or residential land immediately adjacent to a historic landmark.
(3) Manufactured homes and prefabricated structures allowed under this section are in addition to manufactured dwellings or prefabricated structures allowed within designated manufactured dwelling subdivisions.
(4) A local government may not subject manufactured homes or prefabricated structures within an urban growth boundary, or the land upon which the homes or structures are sited, to any applicable standard that would not apply to a detached, site-built single-family dwelling on the same land, except:
(a) As necessary to comply with a protective measure adopted pursuant to a statewide land use planning goal; or
(b) To require that the manufacturer certify that the manufactured home or prefabricated structure has an exterior thermal envelope meeting performance standards which reduce levels equivalent to the performance standards required of single-family dwellings constructed under the Low-Rise Residential Dwelling Code as defined in ORS 455.010.
(5) Within any residential zone inside an urban growth boundary where a manufactured dwelling park is otherwise allowed, a city or county may not adopt a minimum lot size for a manufactured dwelling park that is larger than one acre.
(6) This section may not be construed as abrogating a recorded restrictive covenant. [Formerly 197.314]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.480 - Planning for parks; procedures; inventory.

(1) Each city and county governing body shall provide for mobile home or manufactured dwelling parks as an allowed use:
(a) By zoning ordinance and by comprehensive plan designation on buildable lands within urban growth boundaries; and
(b) In areas planned and zoned for a residential density of six to 12 units per acre sufficient to accommodate the need established pursuant to subsections (2) and (3) of this section.
(2) A city or county shall establish a projection of need for mobile home or manufactured dwelling parks based on:
(a) Population projections;
(b) Household income levels;
(c) Housing market trends of the region; and
(d) An inventory of mobile home or manufactured dwelling parks sited in areas planned and zoned or generally used for commercial, industrial or high density residential development.
(3) The inventory required by subsection (2)(d) and subsection (4) of this section shall establish the need for areas to be planned and zoned to accommodate the potential displacement of the inventoried mobile home or manufactured dwelling parks.
(4) Notwithstanding the provisions of subsection (1) of this section, a city or county within Metro, shall inventory the mobile home or manufactured dwelling parks sited in areas planned and zoned or generally used for commercial, industrial or high density residential development.
(5)(a) A city or county may establish clear and objective criteria and standards for the placement and design of mobile home or manufactured dwelling parks.
(b) If a city or county requires a hearing before approval of a mobile home or manufactured dwelling park, application of the criteria and standards adopted pursuant to paragraph (a) of this subsection shall be the sole issue to be determined at the hearing.
(c) No criteria or standards established under paragraph (a) of this subsection may be adopted which would preclude the development of mobile home or manufactured dwelling parks within the intent of ORS 197.475 to 197.493. [1987 c.785 §4; 1989 c.648 §54; 2023 c.13 §84]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.485 - Prohibition on restrictions of manufactured dwelling or prefabricated structure.

(1) A jurisdiction may not prohibit placement of a manufactured dwelling, due solely to its age, in a mobile home or manufactured dwelling park in a zone with a residential density of eight to 12 units per acre.
(2) A jurisdiction may not prohibit placement of a manufactured dwelling, due solely to its age, on a buildable lot or parcel located outside urban growth boundaries or on a space in a mobile home or manufactured dwelling park, if the manufactured dwelling is being relocated due to the closure of a mobile home or manufactured dwelling park or a portion of a mobile home or manufactured dwelling park.
(3) A jurisdiction may not prohibit the placement of a prefabricated structure in a mobile home or manufactured dwelling park.
(4) A jurisdiction may impose reasonable safety and inspection requirements for homes that were not constructed in conformance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5403). [1987 c.785 §5; 1989 c.648 §55; 2005 c.22 §143; 2005 c.826 §12; 2007 c.906 §10; 2022 c.54 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.488 - Replacement of park destroyed by natural disaster.

(1) As used in this section, "natural disaster" includes any disaster resulting in the declaration of a state of emergency under ORS 401.165 or 401.309 for wildfires, floods, tsunamis, earthquakes or similar events, including disasters began by negligent or intentional acts.
(2) Notwithstanding ORS 215.130 (5) to (11) or any land use regulation, statewide land use planning goal or Land Conservation and Development Commission rule, a local government:
(a) Shall, if the development complies with the local government’s floodplain and other natural hazard land use regulations, approve an application for the development of a manufactured dwelling park:
(A) To replace a park destroyed by a natural disaster; or
(B) That is in an area rezoned under paragraph (b) of this subsection.
(b) May, by approval of the governing body, approve a zoning change for an area within an urban growth boundary near the destroyed park to permit the development of a manufactured dwelling park where the destruction of manufactured dwellings from the natural disaster has contributed to a shortage in housing.
(3) A local government may require an applicant to prove that the destroyed park was assessed as a building or structure for purposes of ad valorem taxation for the most recent property tax year ending before the disaster.
(4) In reviewing an application under this section, a local government may not require that an applicant prove that the destroyed park was lawful under the existing land use regulations at any time, including when the building, structure or use was established, at the time of interruption or destruction or at the time of the application.
(5) The approval of an application for development of a park under this section does not expire. [2021 c.260 §2]
Note:
197.488 was added to and made a part of ORS chapter 197 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.490 - Restriction on establishment of park.

(1) Except as provided by ORS 446.105, a mobile home or manufactured dwelling park shall not be established on land, within an urban growth boundary, which is planned or zoned for commercial or industrial use.
(2) Notwithstanding the provisions of subsection (1) of this section, if no other access is available, access to a mobile home or manufactured dwelling park may be provided through a commercial or industrial zone. [1987 c.785 §6; 1989 c.648 §56]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.492 - Definitions for ORS 197.492 and 197.493.

As used in this section and ORS 197.493:
(1) "Recreational vehicle" has the meaning given that term in ORS 174.101.
(2) "Recreational vehicle park":
(a) Means a place where two or more recreational vehicles are located within 500 feet of one another on a lot, tract or parcel of land under common ownership and having as its primary purpose:
(A) The renting of space and related facilities for a charge or fee; or
(B) The provision of space for free in connection with securing the patronage of a person.
(b) Does not mean:
(A) An area designated only for picnicking or overnight camping; or
(B) A manufactured dwelling park or mobile home park. [2005 c.619 §11; 2019 c.422 §30; 2022 c.54 §14]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.493 - Placement and occupancy of recreational vehicle.

(1) A state agency or local government may not prohibit the placement or occupancy of a recreational vehicle, or impose any limit on the length of occupancy of a recreational vehicle as a residential dwelling, solely on the grounds that the occupancy is in a recreational vehicle, if the recreational vehicle is:
(a) Allowed under ORS 215.490;
(b)(A) Located in a manufactured dwelling park, mobile home park or recreational vehicle park;
(B) Occupied as a residential dwelling; and
(C) Lawfully connected to water and electrical supply systems and a sewage disposal system; or
(c) On a lot or parcel with a manufactured dwelling or single-family dwelling that is uninhabitable due to damages from a natural disaster, including wildfires, earthquakes, flooding or storms, until no later than the date:
(A) The dwelling has been repaired or replaced and an occupancy permit has been issued;
(B) The local government makes a determination that the owner of the dwelling is unreasonably delaying in completing repairs or replacing the dwelling; or
(C) Five years after the date the dwelling first became uninhabitable.
(2) Subsection (1) of this section does not limit the authority of a state agency or local government to impose other special conditions on the placement or occupancy of a recreational vehicle. [2005 c.619 §12; 2021 c.235 §1; 2023 c.9 §11; 2023 c.295 §3; 2023 c.327 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.505 - Definitions for ORS 197.505 to 197.540.

As used in ORS 197.505 to 197.540:
(1) "Public facilities" means those public facilities for which a public facilities plan is required under ORS 197.712.
(2) "Special district" refers to only those entities as defined in ORS 197.015 (19) that provide services for which public facilities plans are required. [1980 c.2 §2; 1991 c.839 §1; 1993 c.438 §4; 1995 c.463 §1; 1999 c.838 §1; 2005 c.22 §144; 2007 c.354 §29]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.510 - Legislative findings.

The Legislative Assembly finds and declares that:
(1) The declaration of moratoria on construction and land development by cities, counties and special districts may have a negative effect not only on property owners, but also on the housing and economic development policies and goals of other local governments within the state, and therefore, is a matter of statewide concern.
(2) Such moratoria, particularly when limited in duration and scope, and adopted pursuant to growth management systems that further the statewide planning goals and local comprehensive plans, may be both necessary and desirable.
(3) Clear state standards should be established to ensure that:
(a) The need for moratoria is considered and documented;
(b) The impact on property owners, housing and economic development is minimized; and
(c) Necessary and properly enacted moratoria are not subjected to undue litigation. [1980 c.2 §1; 1991 c.839 §2; 1995 c.463 §2]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.522 - Local government to approve subdivision, partition or construction; conditions.

(1) As used in this section:
(a) "Needed housing" has the meaning given that term in ORS 197A.015.
(b) "Partition" has the meaning given that term in ORS 92.010.
(c) "Permit" means a permit as defined in ORS 215.402 and a permit as defined in ORS 227.160.
(d) "Subdivision" has the meaning given that term in ORS 92.010.
(2) A local government shall approve an application for a permit, authorization or other approval necessary for the subdivision or partitioning of, or construction on, any land for needed housing that is consistent with the comprehensive plan and applicable land use regulations.
(3) If an application is inconsistent with the comprehensive plan and applicable land use regulations, the local government, prior to making a final decision on the application, shall allow the applicant to offer an amendment or to propose conditions of approval that would make the application consistent with the plan and applicable regulations. If an applicant seeks to amend the application or propose conditions of approval:
(a) A county may extend the time limitation under ORS 215.427 for final action by the governing body of a county on an application for needed housing and may set forth a new time limitation for final action on the consideration of future amendments or proposals.
(b) A city may extend the time limitation under ORS 227.178 for final action by the governing body of a city on an application for needed housing and may set forth a new time limitation for final action on the consideration of future amendments or proposals.
(4) A local government shall deny an application that is inconsistent with the comprehensive plan and applicable land use regulations and that cannot be made consistent through amendments to the application or the imposition of reasonable conditions of approval. [1999 c.838 §4; 2015 c.374 §3; 2023 c.13 §85]
Note:
197.522 was added to and made a part of ORS chapter 197 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.524 - Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits.

(1) When a local government engages in a pattern or practice of delaying or stopping the issuance of permits, authorizations or approvals necessary for the subdivision or partitioning of, or construction on, any land, including delaying or stopping issuance based on a shortage of public facilities, the local government shall:
(a) Adopt a public facilities strategy under ORS 197.768; or
(b) Adopt a moratorium on construction or land development under ORS 197.505 to 197.540.
(2) The provisions of subsection (1) of this section do not apply to the delay or stopping of the issuance of permits, authorizations or approvals because they are inconsistent with the local government’s comprehensive plan or land use regulations. [1999 c.838 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.530 - Correction program; procedures.

(1) A city, county or special district that adopts a moratorium on construction or land development in conformity with ORS 197.520 (1) and (2) shall within 60 days after the effective date of the moratorium adopt a program to correct the problem creating the moratorium. The program shall be presented at a public hearing. The city, county or special district shall give at least 14 days’ advance notice to the Department of Land Conservation and Development of the time and date of the public hearing.
(2) No moratorium adopted under ORS 197.520 (2) shall be effective for a period longer than six months from the date on which the corrective program is adopted, but such a moratorium may be extended provided the city, county or special district adopting the moratorium holds a public hearing on the proposed extension and adopts written findings that:
(a) Verify that the problem giving rise to the moratorium still exists;
(b) Demonstrate that reasonable progress is being made to alleviate the problem giving rise to the moratorium; and
(c) Set a specific duration for the renewal of the moratorium.
(3) No single extension under subsection (2) of this section may be for a period longer than six months, and no moratorium shall be extended more than three times.
(4) Any city, county or special district considering an extension of a moratorium shall give the department at least 14 days’ notice of the time and date of the public hearing on the extension. [1980 c.2 §4; 1991 c.839 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.540 - Review by Land Use Board of Appeals.

(1) In the manner provided in ORS 197.830 to 197.845, the Land Use Board of Appeals shall review upon petition by a county, city or special district governing body or state agency or a person or group of persons whose interests are substantially affected, any moratorium on construction or land development or a corrective program alleged to have been adopted in violation of the provisions of ORS 197.505 to 197.540.
(2) If the board determines that a moratorium or corrective program was not adopted in compliance with the provisions of ORS 197.505 to 197.540, the board shall issue an order invalidating the moratorium.
(3) All review proceedings conducted by the Land Use Board of Appeals under subsection (1) of this section shall be based on the administrative record, if any, that is the subject of the review proceeding. The board shall not substitute its judgment for a finding solely of fact for which there is substantial evidence in the whole record.
(4) Notwithstanding any provision of ORS chapters 195, 196, 197 and 197A to the contrary, the sole standard of review of a moratorium on construction or land development or a corrective program is under the provisions of this section, and such a moratorium shall not be reviewed for compliance with the statewide planning goals adopted under ORS chapters 195, 196, 197 and 197A.
(5) The review of a moratorium on construction or land development under subsection (1) of this section shall be the sole authority for review of such a moratorium, and there shall be no authority for review in the circuit courts of this state. [1980 c.2 §5; 1983 c.827 §45; 2001 c.672 §9]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.612 - Comprehensive plan or land use regulation changes to conform plan or regulations to new requirement in statute, goal or rule.

(1) Notwithstanding contrary provisions of state and local law, a local government that proposes a change to an acknowledged comprehensive plan or a land use regulation solely for the purpose of conforming the plan and regulations to new requirements in a land use statute, statewide land use planning goal or rule of the Land Conservation and Development Commission implementing the statutes or goals may take action to change the comprehensive plan or the land use regulation without holding a public hearing if:
(a) The local government gives notice to the Department of Land Conservation and Development of the proposed change in the manner provided by ORS 197.610 and 197.615; and
(b) The department confirms in writing that the only effect of the proposed change is to conform the comprehensive plan or the land use regulations to the new requirements.
(2) Notwithstanding the requirement under ORS 197.830 (2) that a person must have appeared before the local government orally or in writing, a person that has not appeared may petition for review of the decision under subsection (1) of this section solely to determine whether the only effect of the local decision is to conform the comprehensive plan or the land use regulation to the new requirements. [2011 c.280 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.615 - Submission of adopted comprehensive plan or land use regulation changes to Department of Land Conservation and Development.

(1) When a local government adopts a proposed change to an acknowledged comprehensive plan or a land use regulation, the local government shall submit the decision to the Director of the Department of Land Conservation and Development within 20 days after making the decision.
(2) The submission must contain the following materials:
(a) A copy of the signed decision, the findings and the text of the change to the comprehensive plan or land use regulation;
(b) If a comprehensive plan map or zoning map is created or altered by the proposed change, a copy of the map that is created or altered;
(c) A brief narrative summary of the decision, including a summary of substantive differences from the proposed change submitted under ORS 197.610 and any supplemental information that the local government believes may be useful to inform the director or members of the public of the effect of the actual change; and
(d) A statement by the individual transmitting the submission, identifying the date of the decision and the date of the submission.
(3) The director shall cause notice of the decision and an explanation of the requirements for appealing the land use decision under ORS 197.830 to 197.845 to be provided to:
(a) Persons that have requested notice of changes to the acknowledged comprehensive plan of the particular local government, using electronic mail, electronic bulletin board, electronic mailing list server or similar electronic method; and
(b) Persons that are generally interested in changes to acknowledged comprehensive plans, by posting notices periodically on a public website using the Internet or a similar electronic method.
(4) On the same day the local government submits the decision to the director, the local government shall mail, or otherwise deliver, notice to persons that:
(a) Participated in the local government proceedings that led to the decision to adopt the change to the acknowledged comprehensive plan or the land use regulation; and
(b) Requested in writing that the local government give notice of the change to the acknowledged comprehensive plan or the land use regulation.
(5) The notice required by subsection (4) of this section must state how and where the materials described in subsection (2) of this section may be obtained and must:
(a) Include a statement by the individual delivering the notice that identifies the date on which the notice was delivered and the individual delivering the notice;
(b) List the locations and times at which the public may review the decision and findings; and
(c) Explain the requirements for appealing the land use decision under ORS 197.830 to 197.845. [1981 c.748 §5; 1983 c.827 §9; 1999 c.255 §1; 2011 c.280 §2]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.620 - Appeal of certain comprehensive plan or land use regulation decision-making.

(1) A decision to not adopt a legislative amendment or a new land use regulation is not appealable unless the amendment is necessary to address the requirements of a new or amended goal, rule or statute.
(2) Notwithstanding the requirements of ORS 197.830 (2) that a person have appeared before the local government orally or in writing to seek review of a land use decision, the Director of the Department of Land Conservation and Development or any other person may appeal the decision to the Land Use Board of Appeals if:
(a) The local government failed to submit all of the materials described in ORS 197.610 (3) or, if applicable, ORS 197.610 (6), and the failure to submit the materials prejudiced substantial rights of the Department of Land Conservation and Development or the person;
(b) Except as provided in subsection (3) of this section, the local government submitted the materials described in ORS 197.610 (3) or, if applicable, ORS 197.610 (6), after the deadline specified in ORS 197.610 (1) or (6) or rules of the Land Conservation and Development Commission, whichever is applicable; or
(c) The decision differs from the proposed changes submitted under ORS 197.610 to such an extent that the materials submitted under ORS 197.610 do not reasonably describe the decision.
(3) Subsection (2)(b) of this section does not authorize an appeal if the local government cures an untimely submission of materials as provided in this subsection. A local government may cure the untimely submission of materials by either:
(a) Postponing the date for the final evidentiary hearing by the greater of 10 days or the number of days by which the submission was late; or
(b) Holding the evidentiary record open for an additional period of time equal to 10 days or the number of days by which the submission was late, whichever is greater. Additionally, the local government shall provide notice of the postponement or record extension to the Department of Land Conservation and Development. [1981 c.748 §5a; 1983 c.827 §8; 1989 c.761 §21; 1991 c.612 §13a; 2011 c.280 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.622 - Amendments to acknowledged comprehensive plan or land use regulation after remand from Land Use Board of Appeals.

When a local government adopts a change to an acknowledged comprehensive plan or land use regulation, and the Land Use Board of Appeals remands all or a portion of that decision based solely on inadequate findings or evidence, if the local government adopts the same changes following remand with revised findings and additional evidence responding to the remand, then a party may not raise new issues that could have been but were not previously raised before the board, but may only challenge the revised findings or additional evidence. [2023 c.551 §2]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.627 - Meaning of "compliance with the goals" for certain purposes.

For the purposes of acknowledgment under ORS 197.251, board review under ORS 197.805 to 197.855, review of a proposed regional problem-solving agreement under ORS 197.652 to 197.658 or periodic review under ORS 197.628 to 197.651, "compliance with the goals" means the comprehensive plan and regulations, on the whole, conform with the purposes of the goals and any failure to meet individual goal requirements is technical or minor in nature. [Formerly 197.747]
Note:
197.627 was made a part of ORS chapter 197 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.628 - Periodic review; policy; conditions that indicate need for periodic review.

(1) It is the policy of the State of Oregon to require the periodic review of comprehensive plans and land use regulations in order to respond to changes in local, regional and state conditions to ensure that the plans and regulations remain in compliance with the statewide planning goals adopted pursuant to ORS 197.230, and to ensure that the plans and regulations make adequate provision for economic development, needed housing, transportation, public facilities and services and urbanization.
(2) The Land Conservation and Development Commission shall concentrate periodic review assistance to local governments on achieving compliance with those statewide land use planning laws and goals that address economic development, needed housing, transportation, public facilities and services and urbanization.
(3) The following conditions indicate the need for periodic review of comprehensive plans and land use regulations:
(a) There has been a substantial change in circumstances including but not limited to the conditions, findings or assumptions upon which the comprehensive plan or land use regulations were based, so that the comprehensive plan or land use regulations do not comply with the statewide planning goals relating to economic development, needed housing, transportation, public facilities and services and urbanization;
(b) Decisions implementing acknowledged comprehensive plan and land use regulations are inconsistent with the goals relating to economic development, needed housing, transportation, public facilities and services and urbanization;
(c) There are issues of regional or statewide significance, intergovernmental coordination or state agency plans or programs affecting land use which must be addressed in order to bring comprehensive plans and land use regulations into compliance with the goals relating to economic development, needed housing, transportation, public facilities and services and urbanization; or
(d) The local government, commission or Department of Land Conservation and Development determines that the existing comprehensive plan and land use regulations are not achieving the statewide planning goals relating to economic development, needed housing, transportation, public facilities and services and urbanization. [1991 c.612 §2; 1999 c.622 §2; 2005 c.829 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.631 - Commission to amend regulations to facilitate periodic review.

In order to use state and local periodic review resources most efficiently and effectively and to concentrate periodic review on adequate provision of economic development, needed housing, transportation, public facilities and services and urbanization, the Land Conservation and Development Commission shall adopt, amend or repeal the statewide land use planning goals, guidelines and corresponding rules as necessary to facilitate periodic review and to provide for compliance by local governments with those goals not described in ORS 197.628 (2) through the post-acknowledgment procedures of ORS 197.610 to 197.625. [1999 c.622 §11; 2005 c.829 §3; 2015 c.261 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.636 - Procedures and actions for failure to meet periodic review deadlines.

(1) Upon good cause shown by a local government, the Director of the Department of Land Conservation and Development may allow the local government an extension of time for submitting a work program or completing a work task. A decision by the director to grant or deny an extension may be referred to the Land Conservation and Development Commission by the director. The Department of Land Conservation and Development or the commission shall not extend the deadline for submitting a work program more than once nor for more than 90 days, and shall not extend the deadline for a work task more than once nor for more than one year.
(2) If a local government fails to submit a work program or to complete a work task by the deadline set by the director or the commission, including any extension that has been granted, the director shall schedule a hearing before the commission. The commission shall issue an order imposing one or more of the following sanctions until the work program or the work task receives final approval by the director or the commission:
(a) Require the local government to apply those portions of the goals and rules to land use decisions as specified in the order. Sanctions may be imposed under this paragraph only when necessary to resolve a specific deficiency identified in the order.
(b) Forfeiture of all or a portion of the grant money received to conduct the review, develop the work program or complete the work task.
(c) Completion of the work program or work task by the department. The commission may require the local government to pay the cost for completion of work performed by the department, following the withholding process set forth in ORS 197.335 (4).
(d) Application of such interim measures as the commission deems necessary to ensure compliance with the statewide planning goals.
(3) If the department receives a work program or work task completed in response to a commission order issued under subsection (2) of this section, the director shall evaluate and issue a decision on the work program or work task within 90 days.
(4) Commission action pursuant to subsection (1) or (2) of this section is a final order subject to judicial review in the manner provided in ORS 197.650. [1991 c.612 §4; 1999 c.622 §4; 2001 c.527 §2; 2005 c.829 §5]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.638 - Department of Land Conservation and Development may request review by Oregon Business Development Department of local inventory and analysis of industrial and commercial land.

(1) Upon request of the Department of Land Conservation and Development, the Oregon Business Development Department shall review the inventory and analysis of industrial and commercial land, and measures taken to address the land needs, required of certain local governments under ORS 197.712. The review shall address the likely effect of measures developed by a local government on the adequacy of the supply of sites and opportunities to satisfy needs identified under ORS 197.712.
(2) The Land Conservation and Development Commission and the Director of the Department of Land Conservation and Development shall consider the review and any recommendations of the Oregon Business Development Department when determining whether a local government has complied with the statewide land use planning goals and the requirements of ORS 197.712. [1999 c.622 §13]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.639 - State assistance teams; alternative coordination process; grant and technical assistance funding; priority of population forecasting program; advisory committee.

(1) In addition to coordination between state agencies and local government established in certified state agency coordination programs, the Department of Land Conservation and Development may establish one or more state assistance teams made up of representatives of various agencies and local governments, utilize the Economic Revitalization Team established under ORS 284.555 or institute an alternative process for coordinating agency participation in the periodic review of comprehensive plans.
(2) The Economic Revitalization Team may work with a city to create a voluntary comprehensive plan review that focuses on the unique vision of the city, instead of conducting a standard periodic review, if the team identifies a city that the team determines can benefit from a customized voluntary comprehensive plan review.
(3) The department may develop model ordinance provisions to assist local governments in the periodic review plan update process and in complying with new statutory requirements or new land use planning goal or rule requirements adopted by the Land Conservation and Development Commission outside the periodic review process.
(4) A local government may arrange with the department for the provision of periodic review planning services and those services may be paid with grant program funds allocated under subsection (5) of this section.
(5) The commission shall establish an advisory committee composed, at a minimum, of representatives from the League of Oregon Cities, the Association of Oregon Counties, metropolitan service districts, the Special Districts Association of Oregon, land use planning public interest groups and developer interest groups. The advisory committee shall advise the commission and the department on the allocation of grants and technical assistance funding from General Fund sources and other issues assigned by the commission.
(6) The population forecasting program operated by the Portland State University Population Research Center pursuant to ORS 195.033 is the highest priority for the allocation of grant funding under subsection (5) of this section. [1991 c.612 §5; 2003 c.793 §5; 2005 c.829 §6; 2013 c.574 §5]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.644 - Modification of work program; exclusive jurisdiction of Land Conservation and Development Commission.

(1) The Director of the Department of Land Conservation and Development may authorize or direct a local government to modify an approved work program when:
(a) Issues of regional or statewide significance arising out of another local government’s periodic review require an enhanced level of coordination;
(b) Issues of goal compliance are raised as a result of completion of a work task resulting in a need to undertake further review or revisions;
(c) Issues relating to the organization of the work program, coordination with affected agencies or persons, or orderly implementation of work tasks, result in a need for further review or revision; or
(d) Issues relating to needed housing, employment, transportation or public facilities and services were omitted from the work program but must be addressed in order to ensure compliance with the statewide planning goals.
(2) The Land Conservation and Development Commission shall have exclusive jurisdiction for review of the completed work tasks as set forth in ORS 197.628 to 197.651.
(3) Commission action pursuant to subsection (2) of this section is a final order subject to judicial review in the manner provided in ORS 197.650 and 197.651. [1991 c.612 §6; 1997 c.634 §1; 1999 c.622 §5; 2011 c.469 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.646 - Implementation of new requirement in goal, rule or statute; rules.

(1) A local government shall amend its acknowledged comprehensive plan or acknowledged regional framework plan and land use regulations implementing either plan by a self-initiated post-acknowledgment process under ORS 197.610 to 197.625 to comply with a new requirement in land use statutes, statewide land use planning goals or rules implementing the statutes or the goals.
(2)(a) The Department of Land Conservation and Development shall notify local governments when a new requirement in land use statutes, statewide land use planning goals or rules implementing the statutes or the goals requires changes to an acknowledged comprehensive plan, an acknowledged regional framework plan or land use regulations implementing either plan.
(b) The Land Conservation and Development Commission shall establish, by rule, the time period within which an acknowledged comprehensive plan, an acknowledged regional framework plan and land use regulations implementing either plan must be in compliance with:
(A) A new requirement in a land use statute, if the legislation does not specify a time period for compliance; and
(B) A new requirement in a land use planning goal or rule adopted by the commission.
(3) When a local government does not adopt amendments to an acknowledged comprehensive plan, an acknowledged regional framework plan or land use regulations implementing either plan, as required by subsection (1) of this section, the new requirements apply directly to the local government’s land use decisions. The failure to adopt amendments to an acknowledged comprehensive plan, an acknowledged regional framework plan or land use regulations implementing either plan required by subsection (1) of this section is a basis for initiation of enforcement action pursuant to ORS 197.319 to 197.335. [1991 c.612 §7; 2005 c.829 §7; 2007 c.71 §67; 2011 c.469 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.649 - Fees for notice; rules.

The Land Conservation and Development Commission may establish by rule fees to cover the cost of notice given to persons by the Director of the Department of Land Conservation and Development under ORS 197.610 (4) and 197.615 (3). [1983 c.827 §11f; 1985 c.565 §28; 1991 c.612 §15; 2013 c.1 §20]
Note:
See note under 197.646.