reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 24 - URBAN GROWTH BOUNDARIES › Section 660-024-0080 - LCDC Review Required for UGB Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
A metropolitan service district that amends its UGB to include
				more than 100 acres, or a city with a population of 2,500 or more within its
				UGB that amends the UGB to include more than 50 acres shall submit the
				amendment to the Commission in the manner provided for periodic review under
				ORS 197.628 to
				197.650 and OAR
				660-025-0175.
Stat. Auth.: ORS
				  197.040, Other Auth. Statewide
				  Planning Goal 14
Stats. Implemented: ORS
				  197.626
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this division is to carry out the state policy
				outlined in ORS 197.010 and
				197.628. This division is
				intended to implement provisions of ORS
				197.626 through
				197.651. The purpose for
				periodic review is to ensure that comprehensive plans and land use regulations
				remain in compliance with the statewide planning goals adopted pursuant to ORS
				197.230, the commission's rules
				and applicable land use statutes. Periodic review also is intended to ensure
				that local government plans and regulations make adequate provision for
				economic development, needed housing, transportation, public facilities and
				services, and urbanization, and that local plans are coordinated as described
				in ORS 197.015(5).
				Periodic Review is a cooperative planning process that includes the state and
				its agencies, local governments, and other interested
				persons.
Stat. Auth.: ORS
				  197.040 &
				  197.633
Stats. Implemented: ORS
				  197.010,
				  197.626 -
				  197.651
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of this division, the definitions contained in
				ORS 197.015,
				197.303, and
				197.747 shall apply unless the
				context requires otherwise. In addition, the following definitions apply:
(1) "Filed" or "Submitted" means that
			 the required documents have been received by the Department of Land
			 Conservation and Development at its Salem, Oregon, office.
(2) "Final Decision" means the completion by
			 the local government of a work task on an approved work program, including the
			 adoption of supporting findings and any amendments to the comprehensive plan or
			 land use regulations. A decision is final when the local government's decision
			 is transmitted to the department for review.
(3) "Metropolitan planning organization"
			 means an organization located wholly within the State of Oregon and designated
			 by the Governor to coordinate transportation planning in an urbanized area of
			 the state pursuant to
			 49 USC §
									5303 (c).
(4) "Objection" means a written complaint
			 concerning the adequacy of an evaluation, proposed work program, or completed
			 work task.
(5) "Participated at
			 the local level" means to have provided substantive comment, evidence,
			 documents, correspondence, or testimony to the local government during the
			 local proceedings regarding a decision on an evaluation, work program or work
			 task.
(6) "Regional Solutions
			 Team" means a team described in ORS
			 284.754.
(7) "Work Program" means a detailed listing
			 of tasks necessary to revise or amend the local comprehensive plan or land use
			 regulations to ensure the plan and regulations achieve the statewide planning
			 goals. A work program must indicate the date that each work task must be
			 submitted to the department for review.
(8) "Work Task" or "task" means an activity
			 that is included on an approved work program and that generally results in an
			 adopted amendment to a comprehensive plan or land use regulation.
Stat. Auth.: ORS
				  197.040 &
				  197.633
Stats. Implemented: ORS
				  197.015 &
				  197.628 -
				  197.646
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0030 - Periodic Review Schedule

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The commission must approve, and update as necessary, a schedule for periodic
			 review. The schedule must include the date when the department, pursuant to ORS
			 197.629, must send a local
			 government a letter requesting the local government to commence the periodic
			 review process.
(2) Except as
			 provided in OAR 660-038-0020(15), the schedule developed by the commission must
			 reflect the following:
(a) A city with a
			 population of more than 2,500 within a metropolitan planning organization or a
			 metropolitan service district shall conduct periodic review every seven years
			 after completion of the previous periodic review.
(b) A city with a population of 10,000 or
			 more inside its urban growth boundary that is not within a metropolitan
			 planning organization shall conduct periodic review every 10 years after
			 completion of the previous periodic review.
(c) A county with a portion of its population
			 within the urban growth boundary of a city subject to periodic review under
			 this section shall conduct periodic review for that portion of the county
			 according to the schedule and work program set for the city.
(d) Notwithstanding subsection (c) of this
			 section, if the schedule set for the county is specific as to that portion of
			 the county within the urban growth boundary of a city subject to periodic
			 review under this section, the county shall conduct periodic review for that
			 portion of the county according to the schedule and work program set for the
			 county.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0035 - Initiating Periodic Review Outside the Schedule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A local government may request, and the
			 commission may approve, initiation of periodic review not otherwise provided
			 for in the schedule established under OAR 660-025-0030. The request must be
			 submitted to the commission along with justification for the requested action.
			 The justification must include a statement of local circumstances that warrant
			 periodic review and identification of the statewide planning goals to be
			 addressed.
(2) A city may request,
			 and the commission may approve, initiation of periodic review for the limited
			 purpose of completing changes to proposed amendments to a comprehensive plan
			 and land use regulations required on remand after review by the commission in
			 the manner provided for review of a work task under ORS
			 197.626(1)(b)
			 and OAR 660-025-0175(1)(b). If periodic review is initiated under this section,
			 the city may adopt, and the director may approve, a work program that includes
			 only the changes required on remand.
(3) In consideration of the request filed
			 pursuant to section (1) or (2), the commission must consider the needs of the
			 jurisdiction to address the issue(s) identified in the request for periodic
			 review, the interrelationships of the statewide planning goals to be addressed
			 in the periodic review project, and other factors the commission finds
			 relevant. If the commission approves the request, the provisions of this
			 division apply, except as provided in section (4) of this rule.
(4) The Regional Solutions 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. In order for a voluntary
			 comprehensive plan review to be initiated by the commission, the city must
			 request initiation of such a modified periodic review. The provisions of this
			 division apply except as follows:
(a) If the
			 city is subject to the periodic review schedule in OAR 660-025-0030, the
			 periodic review under this section will not replace or delay the next scheduled
			 periodic review;
(b) If the city
			 misses a deadline related to an evaluation, work program or work task,
			 including any extension, the commission must terminate the evaluation, work
			 program, or work task or impose sanctions pursuant to OAR 660-025-0170(3).
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0040 - Exclusive Jurisdiction of LCDC

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission, pursuant to ORS
			 197.644(2),
			 has exclusive jurisdiction for review of completed periodic review work tasks
			 for compliance with the statewide planning goals and applicable statutes and
			 administrative rules, as provided in ORS
			 197.633(3).
			 The director also has authority to review the periodic review evaluation, work
			 program and completed work tasks, as provided in ORS
			 197.633 and
			 197.644.
(2) Pursuant to ORS
			 197.626,
			 the commission has exclusive jurisdiction for review of the following final
			 decisions for compliance with the statewide planning goals:
(a) An amendment of an urban growth boundary
			 by a metropolitan service district that adds more than 100 acres to the area
			 within its urban growth boundary;
(b) An amendment of an urban growth boundary
			 by a city with a population of 2,500 or more within its urban growth boundary
			 that adds more than 50 acres to the area within the urban growth boundary
			 including a sequential component as provided in ORS
			 197.626(3)
			 and OAR 660-025-0185, except as provided by ORS
			 197A.325 and OAR 660-038-0020(10);
(c) A
			 designation of an area as an urban reserve under ORS
			 195.137 to
			 195.145 by a metropolitan service district or by a city with a population of 2,500 or
			 more within its urban growth boundary;
(d) An amendment of the boundary of an urban
			 reserve by a metropolitan service district;
(e) An amendment of the boundary of an urban
			 reserve to add more than 50 acres to the urban reserve by a city with a
			 population of 2,500 of more within its urban growth boundary; and
(f) A designation or an amendment to the
			 designation of a rural reserve under ORS
			 195.137 to
			 195.145 by a county, in coordination with a metropolitan service district, including an
			 amendment of the boundary of a rural reserve.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0050 - Commencing Periodic Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The department must commence the periodic review process by sending a letter to
			 the local government pursuant to OAR 660-025-0030  or 660-025-0035. The
			 department may provide advance notice to a local government of the upcoming
			 review and must encourage local governments to review their citizen involvement
			 provisions prior to beginning periodic review.
(2) The periodic review commencement letter
			 must include the following information:
(a) A
			 description of the requirements for citizen involvement, evaluation of the plan
			 and preparation of a work program;
(b) The date the local government must submit
			 the evaluation and work program or evaluation and decision that no work program
			 is required;
(c) Applicable
			 evaluation forms; and
(d) Other
			 information the department considers relevant.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0060 - Periodic Review Assistance Team(s)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director may create one or more
			 Periodic Review Assistance Team(s) to coordinate state, regional or local
			 public agency comment, assistance, and information into the evaluation and work
			 program development process. The director must seek input from agencies,
			 regional governments and local governments on the membership of Periodic Review
			 Assistance Team(s).
(2) Members of
			 the Periodic Review Assistance Team will provide, as appropriate:
(a) Information relevant to the periodic
			 review process;
(b) New and
			 updated information;
(c) Technical
			 and professional land use planning assistance; or
(d) Coordinated evaluation and comment from
			 state agencies.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0070 - Need for Periodic Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The following conditions indicate the need for periodic review of comprehensive
			 plans and land use regulations when periodic review is required under OAR
			 660-025-0030:
(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 based on 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 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.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0080 - Notice and Citizen Involvement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The local government must use its
			 acknowledged citizen involvement program, or amend the program if necessary
			 consistent with section (2) of this rule, to provide adequate participation
			 opportunities for citizens and other interested persons in all phases of the
			 local periodic review. Each local government must publish a notice in a
			 newspaper of general circulation within the community informing citizens about
			 the initiation of the local periodic review. The local government must also
			 provide written notice of the initiation of the local periodic review to
			 persons who request, in writing, such notice.
(2) Each local government must review its
			 citizen involvement program at the beginning of its periodic review and, if
			 necessary, amend the program to ensure it will provide adequate opportunities
			 for citizen involvement in all phases of the periodic review process. Citizen
			 involvement opportunities must, at a minimum, include:
(a) Interested persons must have the
			 opportunity to review materials in advance and to comment in writing in advance
			 of or at one or more hearings on the periodic review evaluation. Citizens and
			 other interested persons must have the opportunity to present comments orally
			 at one or more hearings on the periodic review evaluation. Citizens and other
			 interested persons must have the opportunity to propose periodic review work
			 tasks prior to or at one or more hearings. The local government must provide a
			 response to comments at or following the hearing on the evaluation.
(b) Interested persons must have the
			 opportunity to review materials in advance and to comment in writing in advance
			 of or at one or more hearings on a periodic review work task. Citizens and
			 other interested persons must have the opportunity to present comments orally
			 at one or more hearings on a periodic review work task. The local government
			 must respond to comments at or following the hearing on a work task.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0085 - Commission Hearings Notice and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Hearings before the commission on a
			 referral of a local government submittal of a work program or hearings on
			 referral or appeal of a work task must be noticed and conducted in accordance
			 with this rule.
(2) The commission
			 shall take final action on an appeal or referral of a completed work task
			 within 90 days of the date the appeal was filed or the director issued notice
			 of the referral unless:
(a) At the request of
			 a local government and a person who files a valid objection or appeals the
			 director's decision, the department may provide mediation services to resolve
			 disputes related to the appeal. Where mediation is underway, the commission
			 shall delay its hearing until the mediation process is concluded or the
			 director, after consultation with the mediator, determines that mediation is of
			 no further use in resolution of the work program or work task disagreements;
(b) If the appeal or referral
			 raises new or complex issues of fact or law that make it unreasonable for the
			 commission to give adequate consideration to the issues within the 90-day limit
			 the commission is not required to take final action within that time limit; or
(c) If the parties to the appeal
			 and the commission agree to an extension, the hearing may be continued for a
			 period not to exceed an additional 90 days.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0090 - Evaluation, Work Program or Decision that No Work Is Necessary

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The local
			 government must conduct an evaluation of its plan and land use regulations
			 based on the periodic review conditions in ORS
			 197.628 and OAR 660-025-0070.
			 The local evaluation process must comply with the following requirements:
(a) The local government must follow its
			 citizen involvement program and the requirements of OAR 660-025-0080  for
			 conducting the evaluation and determining the scope of a work program.
(b) The local government must
			 provide opportunities for participation by the department and Periodic Review
			 Assistance Team. The local government must consider issues related to
			 coordination between local government comprehensive plan provisions and
			 certified state agency coordination programs that are raised by the affected
			 agency or Periodic Review Assistance Team.
(c) The local government may provide
			 opportunities for participation by the Regional Solutions Team.
(d) At least 21 days before submitting the
			 evaluation and work program, or decision that no work program is required, the
			 local government must provide copies of the evaluation to members of the
			 Periodic Review Assistance Team, if formed, and others who have, in writing,
			 requested copies.
(e) After review
			 of comments from interested persons, the local government must adopt an
			 evaluation and work program or decision that no work program is required.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0100 - Notice and Filing of Objections (Work Program Phase)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After the local government approves the
			 evaluation and work program, or the evaluation and decision that no work
			 program is necessary, the local government must notify the department and
			 persons who participated at the local level orally or in writing during the
			 local process. The local government notice must contain the following
			 information:
(a) Where a person can review a
			 copy of the local government's evaluation and work program or the evaluation
			 and decision that no work program is necessary, and how a person may obtain a
			 copy of the decision;
(b) The
			 requirements listed in section (2) of this rule for filing a valid objection to
			 the evaluation, work program or decision that no work program is necessary;
			 and
(c) That objectors must give a
			 copy of the objection to the local government.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0110 - Director and Commission Action (Work Program Phase)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In response to an evaluation and work
			 program submitted to the department pursuant to OAR 660-025-0100, the director
			 may:
(a) Issue an order approving the
			 evaluation and work program or determination that no work program is necessary;
			 or
(b) Issue an order rejecting the
			 evaluation and work program or determination that no work program is necessary
			 and suggest modifications to the local government including a date for
			 resubmittal.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0140 - Notice and Filing of Objections (Work Task Phase)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After the local government makes a final
			 decision on a work task or comprehensive plan amendment listed in ORS
			 197.626(1) and
			 OAR 660-025-0175, the local government must notify the department and persons
			 who participated at the local level orally or in writing during the local
			 process or who requested notice in writing. The local government notice must
			 contain the following information:
(a) Where
			 a person can review a copy of the local government's final decision, and how a
			 person may obtain a copy of the final decision;
(b) The requirements listed in section (2) of
			 this rule for filing a valid objection to the work task or comprehensive plan
			 amendment listed in OAR 660-025-0175; and
(c) That objectors must give a copy of the
			 objection to the local government.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0150 - Director Action and Appeal of Director Action (Work Task Phase)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In response to
			 a completed work task or other plan amendment submitted to the department for
			 review in accordance with OAR 660-025-0140, the director may:
(a) Issue an order approving the completed
			 work task or plan amendment;
(b)
			 Issue an order remanding the work task or plan amendment to the local
			 government including, for a work task only, a date for resubmittal;
(c) Refer the work task or plan amendment to
			 the commission for review and action; or
(d) The director may issue an order approving
			 portions of the completed work task or plan amendment provided these portions
			 are not affected by an order remanding or referring the completed work
			 task.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0160 - Commission Review of Referrals and Appeals (Work Task Phase)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission
			 shall hear appeals and referrals of work tasks or other plan amendments
			 according to the applicable procedures in OAR 660-025-0085  and 660-025-0150.
(2) The commission's standard of
			 review, as provided in ORS
			 197.633(3), is:
(a) For evidentiary issues, whether there is
			 substantial evidence in the record as a whole to support the local government's
			 decision.
(b) For procedural
			 issues, whether the local government failed to follow the procedures applicable
			 to the matter before the local government in a manner that prejudiced the
			 substantial rights of a party to the proceeding.
(c) For issues concerning compliance with
			 applicable laws, whether the local government's decision on the whole complies
			 with applicable statutes, statewide land use planning goals, administrative
			 rules, the comprehensive plan, the regional framework plan, the functional plan
			 and land use regulations. The commission shall defer to a local government's
			 interpretation of its comprehensive plan or land use regulation in the manner
			 provided in ORS 197.829 or to Metro's
			 interpretation of its regional framework plan or functional plans. For purposes
			 of this subsection, "complies" has the meaning given the term "compliance" in
			 the phrase "compliance with the goals" in ORS
			 197.747.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0170 - Modification of an Approved Work Program, Extensions, and Sanctions for Failure to Meet Deadlines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 commission may direct, or, upon request of the local government, the director
			 may authorize, 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 requires
			 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,
			 economic development, transportation, public facilities and services, or
			 urbanization were omitted from the work program but must be addressed in order
			 to ensure compliance with the statewide planning goals.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0175 - Review of UGB Amendments and Urban Reserve Area Designations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A local
			 government must submit the following land use decisions to the department for
			 review for compliance with the applicable statewide planning goals, statutes
			 and rules in the manner provided for review of a work task under ORS
			 197.633:
(a) An amendment of an urban growth boundary
			 by a metropolitan service district that adds more than 100 acres to the area
			 within its urban growth boundary;
(b) An amendment of an urban growth boundary
			 by a city with a population of 2,500 or more within its urban growth boundary
			 that adds more than 50 acres to the area within the urban growth boundary,
			 except as provided by ORS
			 197A.325 and OAR 660-038-0020(10);
(c) A
			 designation of an area as an urban reserve under ORS
			 195.137 to
			 195.145 by a metropolitan service district or by a city with a population of 2,500 or
			 more within its urban growth boundary;
(d) An amendment of the boundary of an urban
			 reserve by a metropolitan service district;
(e) An amendment of the boundary of an urban
			 reserve to add more than 50 acres to the urban reserve by a city with a
			 population of 2,500 of more within its urban growth boundary; and
(f) A designation or an amendment to the
			 designation of a rural reserve under ORS
			 195.137 to
			 195.145 by a county, in coordination with a metropolitan service district, including an
			 amendment of the boundary of a rural reserve.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0180 - Stay Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When a local government makes a final decision on a work task or portion of a
			 work task that is required by, or carries out, an approved work program, or if
			 the local government is required to submit a final decision to the department
			 under OAR 660-025-0175(1), interested persons may request a stay of the local
			 government's final decision by filing a request for a stay with the commission.
			 In taking an action on a request to stay a local government's final decision on
			 a work task, the commission must use the standards and procedures contained in
			 OAR chapter 660, division 1.
(2)
			 The director may grant a temporary stay of a final decision on a local
			 government decision described in section (1) of this rule. A temporary stay
			 must meet applicable stay requirements of the Administrative Procedures Act. A
			 temporary stay issued by the director shall only be effective until the
			 commission has acted on a stay request pursuant to section (1) of this
			 rule.
Stat. Auth.: ORS
				  197.040 &
				  197.633
Stats. Implemented: ORS
				  197.628 -
				  197.646
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0185 - Review of Urban Growth Boundary Amendment Components

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A city with a population over 2,500
			 within its urban growth boundary, in coordination with the county or counties
			 containing the urban growth boundary, may elect to submit a land need analysis
			 pursuant to OAR 660-024-0040, a land inventory pursuant to OAR 660-024-0050, or
			 a response to deficiency pursuant to OAR 660-024-0050, or a combination
			 thereof, to the department, separately as provided in this rule.
(2) A city and a county or counties may elect
			 to submit a component of an urban growth boundary amendment under section (1)
			 when the city and county determine that the final urban growth boundary
			 amendment is likely to exceed 50 acres. The local governments must submit
			 written notice of election to use the sequential review process contained in
			 this rule to the department prior to submittal of a component for review. The
			 notice of election shall propose the planning period for the amendment and
			 include a draft work program.
(3)
			 Upon joint written notice pursuant to section (2), the department will prepare
			 a work program consisting of tasks to complete one or more of: land need
			 analyses, land inventories, and responses to deficiency. For the purposes of
			 this rule, a "work program" does not include the date that each work task must
			 be submitted to the department for review.
(a)
			 The work program is not subject to the requirements of OAR 660-025-0090  through
			 660-025-0110.
(b) The work program
			 will specify the planning period for the affected urban growth boundary
			 amendment. The beginning of this planning period is the date initially
			 scheduled for completion of the legislative review for the purposes of
			 compliance with ORS
			 197.296.
(c) In developing the work program, the
			 department will:
(A) Coordinate with the city
			 and county or counties, and the needs of the local governments will be
			 accommodated as much as possible; and
(B) Consider the tasks necessary to complete
			 the urban growth boundary amendment based on the scope of the proposal under
			 OAR 660-024-0040(3).
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0210 - Updated Planning Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 195.025 and
			 195.040 and the legislative
			 policy described in ORS
			 197.010 and
			 197.633, each local government
			 must file a complete and accurate copy of its comprehensive plan and land use
			 regulations bearing the date of adoption (including plan and zone maps bearing
			 the date of adoption) with the department following completion of periodic
			 review. These materials may be either a new printing or an up-to-date
			 compilation of the required materials, and must include data described in OAR
			 660-018-0040(4), if applicable.
(2)
			 Local governments that create or alter zoning or comprehensive plan maps as
			 geospatial data are encouraged but not required to share this data with the
			 department, except for geospatial data describing an urban growth boundary or
			 urban or rural reserve that is created or altered under a completed work task,
			 in which case the submission must include electronic geospatial data depicting
			 the boundary change. Geospatial data submitted to the department must comply
			 with the following standards endorsed by the Oregon Geographic Information
			 Council:
(a) The data must be in an
			 electronic format compatible with the State's Geographic Information System
			 software standard described in OAR 125-600-7550; and
(b) The data must be accompanied by metadata
			 that meets at least the minimum requirements of the federal Content Standard
			 for Digital Geospatial Metadata.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0220 - Computation of Time

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 the purposes of OAR chapter 660, division 25, periodic review rule, unless
			 otherwise provided by rule, the time to complete required tasks, notices,
			 objections, and appeals shall be computed as follows. The first day of the
			 designated period to complete the task, notice, objection or appeal shall not
			 be counted. The last day of the period shall be counted unless it is a
			 Saturday, Sunday or legal holiday under ORS
			 187.010 or
			 187.020. In that event the
			 period shall run until the end of the next day that is not a Saturday, Sunday
			 or legal holiday. When the period of time to complete the task is less than
			 seven (7) days, intervening Saturdays, Sundays or legal holidays shall not be
			 counted.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  174.120,
				  187.010,
				  187.020,
				  197.628 -
				  197.650
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0230 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 otherwise required by law, amendments to this division apply as follows:
(a) Local governments in periodic review that
			 have not submitted an evaluation and work program, or decision that no work
			 program is required, must apply the amendments to the evaluation and work
			 program or decision that no work program is required;
(b) Local governments in periodic review must
			 apply amendments to work tasks not completed or submitted to the department on
			 the effective date of the amendments;
(c) The commission may modify approved work
			 programs to carry out the priorities and standards reflected in
			 amendments;
(d) The procedures and
			 standards in amendments for department and commission review and action on
			 periodic review submittals, requests for extensions, and late submittals apply
			 to all such submittals and requests filed with the department after the
			 effective date of the amendments, as well as any such submittals and requests
			 awaiting initial department action on the effective date of the
			 amendments.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 25 - PERIODIC REVIEW › Section 660-025-0250 - Transfer of Matters to the Land Use Board of Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director may elect to transfer a
			 matter to the Land Use Board of Appeals (board) under ORS
			 197.825(2)(c)(A),
			 including but not limited to an appeal of the director's decision pursuant to
			 OAR 660-025-0150(6).
(2) The
			 director may transfer matters to the board when:
(a) The matter is an urban growth boundary
			 expansion approved by the local government based on a quasi-judicial land use
			 application and does not require an interpretation of first impression of
			 statewide planning Goal 14, ORS
			 197.296 or
			 197.298; or
(b)
(A) The
			 matter concerns a provision of law not directly related to compliance with a
			 statewide planning goal;
(B) The
			 matter is an appeal of the director's decision and concerns a clearly
			 identified provision of the work task submittal that is alleged to violate a
			 provision of law and clearly identifies the provision of law that is alleged to
			 have been violated; and
(C) The
			 matter is sufficiently well-defined such that it can be separated from other
			 issues in the work task that are not transferred to the board.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 27 - URBAN AND RURAL RESERVES IN THE PORTLAND METROPOLITAN AREA › Section 660-027-0005 - Purpose and Objective

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This division is intended to implement the provisions of Oregon Laws 2007,
			 chapter 723 regarding the designation of urban reserves and rural reserves in
			 the Portland metropolitan area. This division provides an alternative to the
			 urban reserve designation process described in OAR chapter 660, division 21.
			 This division establishes procedures for the designation of urban and rural
			 reserves in the metropolitan area by agreement between and among local
			 governments in the area and by amendments to the applicable regional framework
			 plan and comprehensive plans. This division also prescribes criteria and
			 factors that a county and Metro must apply when choosing lands for designation
			 as urban or rural reserves.
(2)
			 Urban reserves designated under this division are intended to facilitate
			 long-term planning for urbanization in the Portland metropolitan area and to
			 provide greater certainty to the agricultural and forest industries, to other
			 industries and commerce, to private landowners and to public and private
			 service providers, about the locations of future expansion of the Metro Urban
			 Growth Boundary. Rural reserves under this division are intended to provide
			 long-term protection for large blocks of agricultural land and forest land, and
			 for important natural landscape features that limit urban development or define
			 natural boundaries of urbanization. The objective of this division is a balance
			 in the designation of urban and rural reserves that, in its entirety, best
			 achieves livable communities, the viability and vitality of the agricultural
			 and forest industries and protection of the important natural landscape
			 features that define the region for its residents.
Stat. Auth.: ORS
				  195.141,
				  197.040
Stats. Implemented: ORS
				  195.137 -
				  195.145
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 27 - URBAN AND RURAL RESERVES IN THE PORTLAND METROPOLITAN AREA › Section 660-027-0020 - Authority to Designate Urban and Rural Reserves

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As an alternative to the authority to
			 designate urban reserve areas granted by OAR chapter 660, division 21, Metro
			 may designate urban reserves through intergovernmental agreements with counties
			 and by amendment of the regional framework plan to implement such agreements in
			 accordance with the requirements of this division.
(2) A county may designate rural reserves
			 through intergovernmental agreement with Metro and by amendment of its
			 comprehensive plan to implement such agreement in accordance with the
			 requirements of this division.
(3)
			 A county and Metro may not enter into an intergovernmental agreement under this
			 division to designate urban reserves in the county unless the county and Metro
			 simultaneously enter into an agreement to designate rural reserves in the
			 county.
Stat. Auth.: ORS
				  195.141,
				  197.040
Stats. Implemented: ORS
				  195.137 -
				  195.145
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 27 - URBAN AND RURAL RESERVES IN THE PORTLAND METROPOLITAN AREA › Section 660-027-0030 - Urban and Rural Reserve Intergovernmental Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An intergovernmental agreement between
			 Metro and a county to establish urban reserves and rural reserves under this
			 division shall provide for a coordinated and concurrent process for Metro to
			 adopt regional framework plan provisions, and for the county to adopt
			 comprehensive plan and zoning provisions, to implement the agreement. The
			 agreement shall provide for Metro and the county to concurrently designate
			 urban reserves and rural reserves, as specified in OAR 660-027-0040.
(2) In the development of an
			 intergovernmental agreement described in this division, Metro and a county
			 shall follow a coordinated citizen involvement process that provides for broad
			 public notice and opportunities for public comment regarding lands proposed for
			 designation as urban and rural reserves under the agreement. Metro and the
			 county shall provide the State Citizen Involvement Advisory Committee an
			 opportunity to review and comment on the proposed citizen involvement
			 process.
(3) An intergovernmental
			 agreement made under this division shall be deemed a preliminary decision that
			 is a prerequisite to the designation of reserves by amendments to Metro's
			 regional framework plan and amendments to a county's comprehensive plan
			 pursuant to OAR 660-027-0040. Any intergovernmental agreement made under this
			 division shall be submitted to the Commission with amendments to the regional
			 framework plan and county comprehensive plans as provided in OAR
			 660-027-0080(2) through (4).
Stat. Auth.: ORS
				  195.141,
				  197.040
Stats. Implemented: ORS
				  195.137 -
				  195.145
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 27 - URBAN AND RURAL RESERVES IN THE PORTLAND METROPOLITAN AREA › Section 660-027-0050 - Factors for Designation of Lands as Urban Reserves

Current through Register Vol. 63, No. 7, July 1, 2024
Urban Reserve Factors: When identifying and selecting lands for
				designation as urban reserves under this division, Metro shall base its
				decision on consideration of whether land proposed for designation as urban
				reserves, alone or in conjunction with land inside the UGB:
(1) Can be developed at urban densities in a
			 way that makes efficient use of existing and future public and private
			 infrastructure investments;
(2)
			 Includes sufficient development capacity to support a healthy
			 economy;
(3) Can be efficiently and
			 cost-effectively served with public schools and other urban-level public
			 facilities and services by appropriate and financially capable service
			 providers;
(4) Can be designed to
			 be walkable and served with a well-connected system of streets, bikeways,
			 recreation trails and public transit by appropriate service
			 providers;
(5) Can be designed to
			 preserve and enhance natural ecological systems;
(6) Includes sufficient land suitable for a
			 range of needed housing types;
(7)
			 Can be developed in a way that preserves important natural landscape features
			 included in urban reserves; and
(8)
			 Can be designed to avoid or minimize adverse effects on farm and forest
			 practices, and adverse effects on important natural landscape features, on
			 nearby land including land designated as rural reserves.
Stat. Auth.: ORS
				  195.141,
				  197.040
Stats. Implemented: ORS
				  195.137 -
				  195.145
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 27 - URBAN AND RURAL RESERVES IN THE PORTLAND METROPOLITAN AREA › Section 660-027-0060 - Factors for Designation of Lands as Rural Reserves

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When identifying and selecting lands for
			 designation as rural reserves under this division, a county shall indicate
			 which land was considered and designated in order to provide long-term
			 protection to the agriculture and forest industries and which land was
			 considered and designated to provide long-term protection of important natural
			 landscape features, or both. Based on this choice, the county shall apply the
			 appropriate factors in either section (2) or (3) of this rule, or
			 both.
(2) Rural Reserve Factors:
			 When identifying and selecting lands for designation as rural reserves intended
			 to provide long-term protection to the agricultural industry or forest
			 industry, or both, a county shall base its decision on consideration of whether
			 the lands proposed for designation.
(a) Are
			 situated in an area that is otherwise potentially subject to urbanization
			 during the applicable period described in OAR 660-027-0040(2) or (3)  as
			 indicated by proximity to a UGB or proximity to properties with fair market
			 values that significantly exceed agricultural values for farmland, or forestry
			 values for forest land;
(b) Are
			 capable of sustaining long-term agricultural operations for agricultural land,
			 or are capable of sustaining long-term forestry operations for forest
			 land;
(c) Have suitable soils where
			 needed to sustain long-term agricultural or forestry operations and, for
			 agricultural land, have available water where needed to sustain long-term
			 agricultural operations; and
(d)
			 Are suitable to sustain long-term agricultural or forestry operations, taking
			 into account:
(A) for farm land, the
			 existence of a large block of agricultural or other resource land with a
			 concentration or cluster of farm operations, or, for forest land, the existence
			 of a large block of forested land with a concentration or cluster of managed
			 woodlots;
(B) The adjacent land use
			 pattern, including its location in relation to adjacent non-farm uses or
			 non-forest uses, and the existence of buffers between agricultural or forest
			 operations and non-farm or non-forest uses;
(C) The agricultural or forest land use
			 pattern, including parcelization, tenure and ownership patterns; and
(D) The sufficiency of agricultural or
			 forestry infrastructure in the area, whichever is applicable.