reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.900 - Schedule of civil penalties; rules; factors to be considered in imposing civil penalties.

(1) The Director of the Department of State Lands shall adopt by rule the amount of civil penalty that may be imposed for a particular violation.
(2) In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors:
(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
(b) Any prior violations of statutes, rules, orders and permits pertaining to waters of the state.
(c) The impact of the violation on public interests in fishery, navigation and recreation.
(d) Any other factors determined by the director to be relevant and consistent with the policy of ORS 196.805.
(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the director determines to be proper and consistent with the policy of ORS 196.805. Upon the request of the person incurring the penalty, the director shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [Formerly 541.685 and then 196.765]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.905

[Formerly 541.695 and then 196.770; 1999 c.610 §1; 2009 c.342 §3; 2011 c.16 §1; 2011 c.406 §3; 2017 c.428 §1; renumbered 196.921 in 2019]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.906 - Legislative findings and declarations.

(1) The Legislative Assembly finds and declares that:
(a) It is in the best interest of the state to create a simple regulatory approach for the maintenance of channels used for agricultural drainage and to improve awareness of, and compliance with, the removal and fill program provided for under ORS 196.600 to 196.921.
(b) The provisions of ORS 196.906 to 196.919 are designed to protect the economic viability of Oregon’s farmers and ranchers by allowing for the maintenance of channels used for agricultural drainage to be conducted in a manner that protects, maintains or improves ecological function of the channels.
(2) The Legislative Assembly declares that it is the policy of the state:
(a) To adaptively manage the implementation of ORS 196.906 to 196.919 to allow for a workable process for persons to maintain traditionally maintained channels while protecting the ecological and life history functions of fish and wildlife that inhabit the channels; and
(b) To place a high priority on and to encourage the identification and development of opportunities for voluntary actions to restore, improve or enhance the ecological health or benefits of traditionally maintained channels. [2019 c.699 §2]
Note:
196.906 to 196.919 were added to and made a part of 196.600 to 196.921 by legislative action but were 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 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.909 - Definitions.

As used in ORS 196.906 to 196.919:
(1) "Adaptive management" has the meaning given that term in ORS 541.890.
(2) "Channel" means the defined bed and bank that serve to confine where a stream of water runs.
(3) "Dry" means:
(a) Channel conditions where no flowing or standing water is present, other than small quantities of water that may occur in low areas of the channel as a direct result of active maintenance activities; and
(b) For the channel of a waterway that is subject to tidal influence, the existence of channel conditions described in paragraph (a) of this subsection during all tidal conditions.
(4) "Maintenance" means channel upkeep and removal from the channel of sediment, vegetation or debris, in the minimum amount necessary to restore the serviceability of the channel for facilitating drainage.
(5) "Traditionally maintained channel" means the channel of a segment, set of segments or the entirety of a drainage ditch, intermittent stream or perennial stream that:
(a) Has been routinely subject to maintenance to facilitate drainage related to farming or ranching operations; and
(b) Has been serviceable for facilitating drainage within the past five years.
(6) "Undisturbed wetland" means a wetland that has not been materially affected by human activity and as further defined by the Department of State Lands by rule. [2019 c.699 §3; 2021 c.256 §1]
Note:
See note under 196.906.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.910

[1997 c.508 §2; 1999 c.59 §54; 2003 c.253 §14; 2007 c.354 §3; renumbered 196.931 in 2019]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.917 - Notice of violation; reasonable efforts to induce voluntary compliance.

Upon finding that a person has engaged in removal activities or fill activities for the maintenance of a traditionally maintained channel without a permit required under ORS 196.810 and in violation of ORS 196.911, 196.913 or 196.915, the State Department of Agriculture or the Department of State Lands, in consultation with the State Department of Fish and Wildlife, shall notify the person and direct the person to take any actions necessary to bring the maintenance activities into compliance with ORS 196.600 to 196.921 within a reasonable period of time. In all cases, the State Department of Agriculture or the Department of State Lands shall make reasonable efforts to induce voluntary compliance, prior to the assessment of any civil penalty under ORS 196.890 for violation of ORS 196.911, 196.913 or 196.915. [2019 c.699 §7]
Note:
See note under 196.906.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.931 - Monitoring fill and removal activities; public education and information materials; periodic reports to legislative committee.

The Department of State Lands shall:
(1) Monitor removal and fill activities, including but not limited to prospecting and placer mining, within designated essential indigenous anadromous salmonid habitat areas to determine the effects of such activities on salmonid spawning and rearing habitat and compile the results in an annual report.
(2) Cooperate with the State Department of Fish and Wildlife and other interested parties to develop and distribute public education and information materials designed to increase understanding and awareness of permit requirements and acceptable removal and fill practices related to prospecting and placer mining.
(3) Report periodically to the appropriate legislative committee on the progress of the Department of State Lands in implementing ORS 196.810. [Formerly 196.910]
Note:
196.931 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 196 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.990 - Penalties for unpermitted removal from or filling of waters.

Violation of ORS 196.810 is a misdemeanor. [Formerly subsection (4) of 541.990]
Note:
Operation of the amendments to 196.990 by section 7, chapter 516, Oregon Laws 2001, is dependent upon further approval by the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001, as amended by section 19, chapter 11, Oregon Laws 2009 (third note under 196.800). The text that is operative after that approval is set forth for the user’s convenience.
(1) A person commits the offense of unlawful removal from or filling of waters of this state if the person knowingly violates ORS 196.810 or an order issued thereunder, or any rule or condition of a permit issued under ORS 196.600 to 196.921.
(2) Notwithstanding ORS 161.515, unlawful removal from or filling of waters of this state is an offense punishable by a fine of up to $10,000 per day of violation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.993 - Penalties for unauthorized use of Willamette Falls Locks.

A person who gains or attempts to gain unauthorized access to or use of the properties or facilities of the Willamette Falls Locks Authority in violation of any use restriction or condition imposed by the authority, including assessment of any fees, commits a Class D violation. In addition to any enforcement officers specifically identified in ORS 153.005, the executive director of the Willamette Falls Locks Authority and other employees of the Willamette Falls Locks Authority may issue citations for violations of this section. [2021 c.229 §11]
Note:
See note under 196.200.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.005 - Legislative findings.

The Legislative Assembly finds that:
(1) Uncoordinated use of lands within this state threatens the orderly development, the environment of this state and the health, safety, order, convenience, prosperity and welfare of the people of this state.
(2) To promote coordinated administration of land uses consistent with comprehensive plans adopted throughout the state, it is necessary to establish a process for the review of state agency, city, county and special district land conservation and development plans for compliance with goals.
(3) Except as otherwise provided in subsection (4) of this section, cities and counties should remain as the agencies to consider, promote and manage the local aspects of land conservation and development for the best interests of the people within their jurisdictions.
(4) The promotion of coordinated statewide land conservation and development requires the creation of a statewide planning agency to prescribe planning goals and objectives to be applied by state agencies, cities, counties and special districts throughout the state.
(5) City and county governments are responsible for the development of local comprehensive plans. The purpose of ORS 195.065, 195.070 and 195.075 is to enhance coordination among cities, counties and special districts to assure effectiveness and efficiency in the delivery of urban services required under those local comprehensive plans. [1973 c.80 §1; 1977 c.664 §1; 1981 c.748 §21; 1993 c.804 §2a; 1999 c.348 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.010 - Policy.

The Legislative Assembly declares that:
(1) In order to ensure the highest possible level of livability in Oregon, it is necessary to provide for properly prepared and coordinated comprehensive plans for cities and counties, regional areas and the state as a whole. These comprehensive plans:
(a) Must be adopted by the appropriate governing body at the local and state levels;
(b) Are expressions of public policy in the form of policy statements, generalized maps and standards and guidelines;
(c) Shall be the basis for more specific rules and land use regulations which implement the policies expressed through the comprehensive plans;
(d) Shall be prepared to assure that all public actions are consistent and coordinated with the policies expressed through the comprehensive plans; and
(e) Shall be regularly reviewed and, if necessary, amended to keep them consistent with the changing needs and desires of the public they are designed to serve.
(2)(a) The overarching principles guiding the land use program in the State of Oregon are to:
(A) Provide a healthy environment;
(B) Sustain a prosperous economy;
(C) Ensure a desirable quality of life; and
(D) Equitably allocate the benefits and burdens of land use planning.
(b) Additionally, the land use program should, but is not required to, help communities achieve sustainable development patterns and manage the effects of climate change.
(c) The overarching principles in paragraph (a) of this subsection and the purposes in paragraph (b) of this subsection provide guidance to:
(A) The Legislative Assembly when enacting a law regulating land use.
(B) A public body, as defined in ORS 174.109, when the public body:
(i) Adopts or interprets goals, comprehensive plans and land use regulations implementing the plans, or administrative rules implementing a provision of ORS chapter 195, 196, 197, 197A, 215 or 227; or
(ii) Interprets a law governing land use.
(d) Use of the overarching principles in paragraph (a) of this subsection and the purposes in paragraph (b) of this subsection is not a legal requirement for the Legislative Assembly or other public body and is not judicially enforceable.
(3) The equitable balance between state and local government interests can best be achieved by resolution of conflicts using alternative dispute resolution techniques such as mediation, collaborative planning and arbitration. Such dispute resolution techniques are particularly suitable for conflicts arising over periodic review, comprehensive plan and land use regulations, amendments, enforcement issues and local interpretation of state land use policy. [1973 c.80 §2; 1981 c.748 §21a; 1993 c.792 §48; 2009 c.873 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.012 - Compact urban development.

In areas of the state that are growing rapidly, state agencies, as defined in ORS 171.133, cities and counties should, within constraints of applicable federal law and regulations, state law and rules and local ordinances:
(1) Consider directing major public infrastructure investments, including major transportation investments, to reinforce compact urban development; and
(2) Consider giving priority to investments that promote infill or redevelopment of existing urban areas to encourage the density necessary to support alternative modes of transportation. [2009 c.873 §14]
Note:
197.012 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.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.030 - Land Conservation and Development Commission; members; appointment; confirmation; term; vacancies.

(1) There is established a Land Conservation and Development Commission consisting of seven members appointed by the Governor, subject to confirmation by the Senate pursuant to section 4, Article III, Oregon Constitution.
(2) The Governor shall appoint to the commission:
(a) One member representing Clatsop, Columbia, Coos, Curry, Lincoln and Tillamook Counties and those portions of Douglas and Lane Counties lying west of the summit of the Coast Range;
(b) Two members representing Clackamas, Multnomah and Washington Counties;
(c) One member representing Benton, Linn, Marion, Polk and Yamhill Counties and that portion of Lane County lying east of the summit of the Coast Range;
(d) One member representing Jackson and Josephine Counties and that portion of Douglas County lying east of the summit of the Coast Range;
(e) One member representing Baker, Crook, Deschutes, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco and Wheeler Counties; and
(f) One member representing Benton, Clackamas, Linn, Marion, Multnomah, Polk, Washington and Yamhill Counties and that portion of Lane County lying east of the summit of the Coast Range.
(3) At least one member shall be or have been an elected city official in Oregon and at least one member shall be an elected county official at the time of appointment.
(4) The term of office of each member of the commission is four years, but a member may be removed by the Governor for cause. Before the expiration of the term of a member, the Governor shall appoint a successor. No person shall serve more than two full terms as a member of the commission.
(5) If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. [1973 c.80 §5; 1977 c.664 §3; 1981 c.545 §4; 1993 c.792 §49; 1999 c.833 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.035 - Officers; quorum; compensation and expenses.

(1) The Land Conservation and Development Commission shall select one of its members as chairperson and another member as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the commission determines. The vice chairperson of the commission shall act as the chairperson of the commission in the absence of the chairperson.
(2) A majority of the members of the commission constitutes a quorum for the transaction of business.
(3) Members of the commission are entitled to compensation and expenses as provided in ORS 292.495. [1973 c.80 §§7,8]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.045 - Powers of commission.

The Land Conservation and Development Commission may:
(1) Apply for and receive moneys from the federal government and from this state or any of its agencies or departments.
(2) Contract with any public agency for the performance of services or the exchange of employees or services by one to the other necessary in carrying out ORS chapters 195, 196, 197 and 197A.
(3) Contract for the services of and consultation with professional persons or organizations, not otherwise available through federal, state and local governmental agencies, in carrying out its duties under ORS chapters 195, 196, 197 and 197A.
(4) Perform other functions required to carry out ORS chapters 195, 196, 197 and 197A.
(5) Assist in development and preparation of model land use regulations to guide state agencies, cities, counties and special districts in implementing goals.
(6) Notwithstanding any other provision of law, review comprehensive plan and land use regulations related to the identification and designation of high-value farmland pursuant to chapter 792, Oregon Laws 1993, under procedures set forth in ORS 197.251. [1973 c.80 §10; 1977 c.664 §6; 1981 c.748 §22a; 1993 c.792 §11]
Note:
Legislative Counsel has substituted "chapter 792, Oregon Laws 1993," for the words "this 1993 Act" in section 11, chapter 792, Oregon Laws 1993, which amended 197.045. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1993 Comparative Section Table located in Volume 22 of ORS.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.050 - Interstate agreements and compacts; commission powers.

Except as provided in ORS 196.150 and 196.155, if an interstate land conservation and development planning agency is created by an interstate agreement or compact entered into by this state, the Land Conservation and Development Commission shall perform the functions of this state with respect to the agreement or compact. If the functions of the interstate planning agency duplicate any of the functions of the commission under ORS 195.020 to 195.040, ORS chapters 197 and 197A and ORS 469.350, the commission may:
(1) Negotiate with the interstate agency in defining the areas of responsibility of the commission and the interstate planning agency; and
(2) Cooperate with the interstate planning agency in the performance of its functions. [1973 c.80 §12; 1977 c.664 §8; 1987 c.14 §6; 2001 c.672 §5]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.060 - Biennial report; draft submission to legislative committee; contents.

(1) Prior to the end of each even-numbered year, the Department of Land Conservation and Development shall prepare a written report for submission to the Legislative Assembly of the State of Oregon describing activities and accomplishments of the department, Land Conservation and Development Commission, state agencies, local governments and special districts in carrying out ORS chapters 195, 196, 197 and 197A.
(2) A draft of the report required by subsection (1) of this section shall be submitted to the appropriate legislative committee at least 60 days prior to submission of the report to the Legislative Assembly. Comments of the committee shall be incorporated into the final report.
(3) Goals and guidelines adopted by the commission shall be included in the report to the Legislative Assembly submitted under subsection (1) of this section.
(4) The department shall include in its biennial report:
(a) A description of its activities implementing ORS 197.631; and
(b) An accounting of new statutory, land use planning goal and rule requirements and local government compliance with the new requirements pursuant to ORS 197.646. [1973 c.80 §56; 1977 c.664 §9; 1981 c.748 §21b; 2005 c.829 §9; 2007 c.354 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.065 - Biennial report analyzing uses of certain land; annual local government reports.

(1) Prior to each odd-numbered year regular legislative session, the Land Conservation and Development Commission shall submit to the appropriate legislative committee a written report analyzing applications approved and denied for:
(a) New and replacement dwellings:
(A) Under ORS 215.213 (1)(d) and (f), (2)(a) and (b), (3) and (4), 215.283 (1)(d) and (e), 215.284 and 215.705; and
(B) On land zoned for forest use under any statewide planning goal that relates to forestland;
(b) Divisions of land:
(A) Under ORS 215.263 (2), (4) and (5); and
(B) On land zoned for forest use under any statewide planning goal that relates to forestland, including a division under ORS 215.785;
(c) Dwellings and land divisions approved for marginal lands:
(A) Under ORS 215.317 or 215.327; and
(B) On any land zoned for forest use under any statewide planning goal that relates to forestland; and
(d) Such other matters pertaining to protection of agricultural or forest land as the commission deems appropriate.
(2) The governing body of each county shall provide the Department of Land Conservation and Development with a report of its actions involving those dwellings, land divisions and land designations upon which the commission must report to the appropriate legislative committee under subsection (1) of this section. The department shall establish, after consultation with county governing bodies, an annual reporting period and may establish a schedule for receiving county reports at intervals within the reporting period. The report shall be on a standard form with a standardized explanation adopted by the commission and shall be eligible for grants by the commission. The report shall include the findings for each action except actions involving:
(a) Dwellings authorized by ORS 215.213 (1)(d) or 215.283 (1)(d); or
(b) Land divisions authorized by ORS 215.263 (2) creating parcels as large as or larger than a minimum size established by the commission under ORS 215.780.
(3) The governing body of each county shall, upon request by the department, provide the department with other information necessary to carry out subsection (1) of this section. [1983 c.826 §13; 1985 c.811 §9; 1987 c.555 §4; 1989 c.107 §1; 1993 c.792 §9; 2001 c.704 §9; 2007 c.354 §7; 2009 c.850 §3; 2011 c.545 §34; 2015 c.104 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.075 - Department of Land Conservation and Development.

The Department of Land Conservation and Development is established. The department shall consist of the Land Conservation and Development Commission, the Director of the Department of Land Conservation and Development and their subordinate officers and employees. [1973 c.80 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.085 - Director; appointment; compensation and expenses.

(1) The Land Conservation and Development Commission shall appoint a person to serve as the Director of the Department of Land Conservation and Development. The director shall hold the office of the director at the pleasure of the commission and the salary of the director shall be fixed by the commission unless otherwise provided by law.
(2) In addition to salary, the director shall be reimbursed, subject to any applicable law regulating travel and other expenses of state officers and employees, for actual and necessary expenses incurred by the director in the performance of official duties. [1973 c.80 §13]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.095 - Land Conservation and Development Account.

(1) There is established in the General Fund in the State Treasury the Land Conservation and Development Account. Moneys in the account are continuously appropriated for the purpose of carrying out ORS chapters 195, 196, 197 and 197A.
(2) All fees, moneys and other revenue received by the Department of Land Conservation and Development shall be deposited in the Land Conservation and Development Account. [1973 c.80 §15; 1977 c.664 §11; 1981 c.748 §21e; 2007 c.354 §8]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.158 - Policy-neutral review and audit of statewide land use program.

(1) The Land Conservation and Development Commission, in cooperation with the Oregon Law Commission and other public or private entities, may, as resources are available, appoint a work group to conduct a policy-neutral review and audit of ORS chapters 195, 196, 197, 197A, 215 and 227, the statewide land use planning goals and the rules of the commission implementing the goals.
(2) The commission shall sequence any review based on its judgment as to which aspects of the statewide land use program are most in need of updating.
(3) A review undertaken under this section should, but does not have to, include appropriate involvement of local government, professional land use planning, private legal and other representatives.
(4) Recommendations should, but do not have to, address major policies and key procedures that are most appropriate for enactment by law and what policies and procedures are most appropriate for adoption by statewide land use planning goals or rules to allow for greater variation between regions of the state over time and to reduce complexity. [2009 c.873 §17]
Note:
197.158 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.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.160 - State Citizen Involvement Advisory Committee; city and county citizen advisory committees.

(1) To assure widespread citizen involvement in all phases of the planning process:
(a) The Land Conservation and Development Commission shall appoint a State Citizen Involvement Advisory Committee, broadly representative of geographic areas of the state and of interests relating to land uses and land use decisions, to develop a program for the commission that promotes and enhances public participation in the adoption and amendment of the goals and guidelines.
(b) Each city and county governing body shall submit to the commission, on a periodic basis established by commission rule, a program for citizen involvement in preparing, adopting and amending comprehensive plans and land use regulations within the respective city and county. Such program shall at least contain provision for a citizen advisory committee or committees broadly representative of geographic areas and of interests relating to land uses and land use decisions.
(c) The State Citizen Involvement Advisory Committee appointed under paragraph (a) of this subsection shall review the proposed programs submitted by each city and county and report to the commission whether or not the proposed program adequately provides for public involvement in the planning process, and, if it does not so provide, in what respects it is inadequate.
(2) The State Citizen Involvement Advisory Committee is limited to an advisory role to the commission. It has no express or implied authority over any local government or state agency. [1973 c.80 §35; 1981 c.748 §25; 1983 c.740 §49]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.173 - Findings regarding coordination between state agencies and local governments.

The Legislative Assembly finds and declares that:
(1) Improving coordination and consistency between the duties and actions of state agencies that affect land use and the duties and actions of local governments under comprehensive plans and land use regulations is required to ensure that the actions of state agencies complement both state and local land use planning objectives.
(2) Improved coordination is necessary to streamline state and local permitting procedures.
(3) The Department of Land Conservation and Development has not engaged in a formal and concerted effort to update state agency land use coordination programs since 1989, and that state agency rules, plans and programs affecting land use and local government comprehensive plans and land use regulations have changed substantially since that time.
(4) Rules of the Land Conservation and Development Commission regarding state agency land use coordination and state permit compliance and compatibility should be:
(a) Reviewed to eliminate unclear or conflicting provisions and to ensure that local land use decisions authorizing a use generally precede state agency decisions on permits for the use or for aspects of the use; and
(b) Updated regularly to maintain a high level of coordination between state agencies and local governments in reviewing authorizations for a use of property. [2009 c.606 §1]
Note:
197.173 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.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.175 - Cities’ and counties’ planning responsibilities; rules on incorporations; compliance with goals.

(1) Cities and counties shall exercise their planning and zoning responsibilities, including, but not limited to, a city or special district boundary change which shall mean the annexation of unincorporated territory by a city, the incorporation of a new city and the formation or change of organization of or annexation to any special district authorized by ORS 198.705 to 198.955, 199.410 to 199.534 or 451.010 to 451.620, in accordance with ORS chapters 195, 196, 197 and 197A and the goals approved under ORS chapters 195, 196, 197 and 197A. The Land Conservation and Development Commission shall adopt rules clarifying how the goals apply to the incorporation of a new city. Notwithstanding the provisions of section 15, chapter 827, Oregon Laws 1983, the rules shall take effect upon adoption by the commission. The applicability of rules promulgated under this section to the incorporation of cities prior to August 9, 1983, shall be determined under the laws of this state.
(2) Pursuant to ORS chapters 195, 196, 197 and 197A, each city and county in this state shall:
(a) Prepare, adopt, amend and revise comprehensive plans in compliance with goals approved by the commission;
(b) Enact land use regulations to implement their comprehensive plans;
(c) If its comprehensive plan and land use regulations have not been acknowledged by the commission, make land use decisions and limited land use decisions in compliance with the goals;
(d) If its comprehensive plan and land use regulations have been acknowledged by the commission, make land use decisions and limited land use decisions in compliance with the acknowledged plan and land use regulations; and
(e) Make land use decisions and limited land use decisions subject to an unacknowledged amendment to a comprehensive plan or land use regulation in compliance with those land use goals applicable to the amendment.
(3) Notwithstanding subsection (1) of this section, the commission shall not initiate by its own action any annexation of unincorporated territory pursuant to ORS 222.111 to 222.750 or formation of and annexation of territory to any district authorized by ORS 198.510 to 198.915 or 451.010 to 451.620. [1973 c.80 §§17,18; 1977 c.664 §12; 1981 c.748 §15; 1983 c.827 §3; 1989 c.761 §18; 1991 c.817 §21; 1993 c.792 §45; 1999 c.348 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.183 - Local government to notify Department of Aviation of applications received for certain water impoundments.

(1) A local government shall provide notice to the Oregon Department of Aviation when the local government or its designee receives an application for a comprehensive plan amendment, zone change or permit as defined in ORS 215.402 or 227.160 that, if approved, would result in a water impoundment larger than one-quarter acre within 10,000 feet of an airport identified in ORS 836.610 (1).
(2) The department has no authority to make final a determination regarding a new water impoundment described in ORS 836.623. Determinations regarding such impoundments shall be made by local governments as provided in ORS 836.623. [1997 c.859 §10; 1999 c.935 §19]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.186 - Removal from buildable lands inventory of land subject to open space tax assessment; reapplication for assessment.

(1) At periodic review under ORS 197.633 next following approval of an application under ORS 308A.309, the local government shall remove any lot or parcel subject to the application from any inventory of buildable lands maintained by the local government. The local government shall compensate for the resulting reduction in available buildable lands either by increasing the development capacity of the remaining supply of buildable lands or by expanding the urban growth boundary.
(2) A landowner who wishes to reapply for current open space use assessment under ORS 308A.306 following the end of the assessment period shall reapply with the local government as provided in ORS 308A.309. [1999 c.503 §5]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.200 - Refinement plan; procedures for land division, site or design review within area subject to plan.

(1) A local government may convene a land use proceeding to adopt a refinement plan for a neighborhood or community within its jurisdiction and inside the urban growth boundary as provided in this section.
(2) A refinement plan is more detailed than a comprehensive plan and applies to a specific geographic area. A refinement plan shall:
(a) Establish efficient density ranges, including a minimum and a maximum density for residential land uses;
(b) Establish minimum and maximum floor area ratios or site coverage requirements for nonresidential uses;
(c) Be based on a planning process meeting statewide planning goals; and
(d) Include land use regulations to implement the plan.
(3) A refinement plan and associated land use regulations adopted prior to September 9, 1995, may qualify as a refinement plan if the local government holds a public hearing to gather public comment and decides to adopt the plan as a refinement plan under this section.
(4) A local government shall apply the procedures for expedited land divisions described in ORS 197.360 to 197.380 to all applications for land division and site or design review located in any area subject to an acknowledged refinement plan. The review shall include:
(a) All elements of a local government comprehensive plan and land use regulations that must be applied in order to approve or deny any such application; and
(b) Any planned unit development standards and any procedures designed to regulate:
(A) The physical characteristics of permitted uses;
(B) The dimensions of the lots to be created; or
(C) Transportation, sewer, water, drainage and other facilities or services necessary for the proposed development.
(5) Any decision made on a refinement plan described in subsection (3) of this section shall be appealed only as provided for appeals of expedited land division decisions in ORS 197.375.
(6) Refinement plans and implementing ordinances may be adopted through the post-acknowledgment or periodic review process. [1995 c.595 §15]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.225 - Preparation; adoption.

The Department of Land Conservation and Development shall prepare and the Land Conservation and Development Commission shall adopt goals and guidelines for use by state agencies, local governments and special districts in preparing, adopting, amending and implementing existing and future comprehensive plans. [1973 c.80 §33; 1981 c.748 §27a]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.230 - Considerations; finding of need required for adoption or amendment of goal.

(1) In preparing, adopting and amending goals and guidelines, the Department of Land Conservation and Development and the Land Conservation and Development Commission shall:
(a) Assess:
(A) What economic and property interests will be, or are likely to be, affected by the proposed goal or guideline;
(B) The likely degree of economic impact on identified property and economic interests; and
(C) Whether alternative actions are available that would achieve the underlying lawful governmental objective and would have a lesser economic impact.
(b) Consider the existing comprehensive plans of local governments and the plans and programs affecting land use of state agencies and special districts in order to preserve functional and local aspects of land conservation and development.
(c) Give consideration to the following areas and activities:
(A) Lands adjacent to freeway interchanges;
(B) Estuarine areas;
(C) Tide, marsh and wetland areas;
(D) Lakes and lakeshore areas;
(E) Wilderness, recreational and outstanding scenic areas;
(F) Beaches, dunes, coastal headlands and related areas;
(G) Wild and scenic rivers and related lands;
(H) Floodplains and areas of geologic hazard;
(I) Unique wildlife habitats; and
(J) Agricultural land.
(d) Make a finding of statewide need for the adoption of any new goal or the amendment of any existing goal.
(e) Design goals to allow a reasonable degree of flexibility in the application of goals by state agencies, cities, counties and special districts.
(2) Goals shall not be land management regulations for specified geographic areas established through designation of an area of critical state concern under ORS 197.405.
(3) The requirements of subsection (1)(a) of this section shall not be interpreted as requiring an assessment for each lot or parcel that could be affected by the proposed rule.
(4) The commission may exempt cities with a population less than 10,000, or those areas of a county inside an urban growth boundary that contain a population less than 10,000, from all or any part of land use planning goals, guidelines and administrative rules that relate to transportation planning. [1973 c.80 §34; 1977 c.664 §17; 1981 c.748 §17; 1983 c.740 §50; 1995 c.299 §2; 1999 c.784 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.235 - Public hearings; notice; citizen involvement implementation; submission of proposals.

(1) In preparing the goals and guidelines, the Department of Land Conservation and Development shall:
(a) Hold at least 10 public hearings throughout the state, causing notice of the time, place and purpose of each hearing to be published in a newspaper of general circulation within the area where the hearing is to be conducted not later than 30 days prior to the date of the hearing. At least two public hearings must be held in each congressional district.
(b) Implement any other provision for public involvement developed by the State Citizen Involvement Advisory Committee under ORS 197.160 (1) and approved by the Land Conservation and Development Commission.
(2) Upon completion of the preparation of the proposed goals and guidelines, or amendments to those goals and guidelines, the department shall submit them to the commission, the Local Officials Advisory Committee, the State Citizen Involvement Advisory Committee and the appropriate legislative committee for review.
(3) The commission shall consider the comments of the Local Officials Advisory Committee, the State Citizen Involvement Advisory Committee and the legislative committee before the adoption and amendment of the goals and guidelines.
(4) Notwithstanding subsection (1)(a) of this section, when a legislative enactment or an initiative measure is inconsistent with the adopted goals and guidelines or directs the commission to make a specific change to the adopted goals and guidelines, the commission may amend the goals and guidelines after only one public hearing, at a location determined by the commission, if the proposed amendment:
(a) Is necessary to conform the goals and guidelines to the legislative enactment or the initiative measure; and
(b) Makes no change other than the conforming changes unless the change corrects an obvious scrivener’s error. [1973 c.80 §36; 1981 c.748 §28; 2005 c.147 §1; 2007 c.354 §9]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.240 - Commission action; public hearing; notice; amendment; adoption.

Upon receipt of the proposed goals and guidelines prepared and submitted to it by the Department of Land Conservation and Development, the Land Conservation and Development Commission shall:
(1) Hold at least one public hearing on the proposed goals and guidelines. The commission shall cause notice of the time, place and purpose of the hearings and the place where copies of the proposed goals and guidelines are available before the hearings with the cost thereof to be published in a newspaper of general circulation in the state not later than 30 days prior to the date of the hearing. The department shall supply a copy of its proposed goals and guidelines to the Governor, the appropriate legislative committee, affected state agencies and special districts and to each local government without charge. The department shall provide copies of such proposed goals and guidelines to other public agencies or persons upon request and payment of the cost of preparing the copies of the materials requested.
(2) Consider the recommendations and comments received from the public hearings conducted under subsection (1) of this section, make any amendments to the proposed goals and guidelines that it considers necessary and approve the proposed goals and guidelines as they may be amended by the commission. [1973 c.80 §37; 1981 c.748 §28a; 2007 c.354 §10]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.245 - Commission amendment of initial goals; adoption of new goals.

The Land Conservation and Development Commission may periodically amend the initial goals and guidelines adopted under ORS 197.240 and adopt new goals and guidelines. The adoption of amendments to or of new goals shall be done in the manner provided in ORS 197.235 and 197.240 and shall specify with particularity those goal provisions that are applicable to land use decisions, expedited land divisions and limited land use decisions before plan revision. The commission shall establish the effective date for application of a new or amended goal. Absent a compelling reason, the commission shall not require a comprehensive plan, new or amended land use regulation, land use decision, expedited land division or limited land use decision to be consistent with a new or amended goal until one year after the date of adoption. [1973 c.80 §38; 1981 c.748 §29; 1991 c.612 §10; 1991 c.817 §22a; 1995 c.595 §24]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.250 - Compliance with goals required.

Except as otherwise provided in ORS 197.245, all comprehensive plans and land use regulations adopted by a local government to carry out those comprehensive plans and all plans, programs, rules or regulations affecting land use adopted by a state agency or special district shall be in compliance with the goals within one year after the date those goals are approved by the Land Conservation and Development Commission. [1973 c.80 §32; 1977 c.664 §19; 1981 c.748 §29a; 1983 c.827 §56a]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197 - Comprehensive Land Use Planning › Section 197.253 - Participation in local proceedings required for submitting comments and objections.

Notwithstanding the provisions of ORS 197.251 (2)(a), a person may not submit written comments and objections to the acknowledgment request of any city or county that submits its plan or regulations to the Land Conservation and Development Commission for acknowledgment for the first time after August 9, 1983, unless the person participated either orally or in writing in the local government proceedings leading to the adoption of the plan and regulations. [1983 c.827 §5a]