reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division, the definitions in ORS
				197.015 and ORS
				197.758 apply, unless the context requires otherwise. In addition, the following
				definitions apply:
(1) "A Local
			 Government That Has Not Acted" means a Medium or Large City that has not
			 adopted acknowledged land use regulations that are in compliance with ORS
			 197.758 and this division.
(2) "Cottage
			 Cluster" means a grouping of no fewer than four detached dwelling units per
			 acre with a footprint of less than 900 square feet each that includes a common
			 courtyard. A Medium or Large City may allow Cottage Cluster units to be located
			 on a single Lot or Parcel, or on individual Lots or Parcels.
(3) "Department" means the Department of Land
			 Conservation and Development.
(4)
			 "Design Standard" means a standard related to the arrangement, orientation,
			 materials, appearance, articulation, or aesthetic of features on a dwelling
			 unit or accessory elements on a site. Design standards include, but are not
			 limited to, standards that regulate entry and dwelling orientation, facade
			 materials and appearance, window coverage, driveways, parking configuration,
			 pedestrian access, screening, landscaping, and private, open, shared,
			 community, or courtyard spaces.
(5)
			 "Detached single-family dwelling" means a detached structure on a Lot or Parcel
			 that is comprised of a single dwelling unit.
(6) "Duplex" means two attached dwelling
			 units on a Lot or Parcel. A Medium or Large City may define a Duplex to include
			 two detached dwelling units on a Lot or Parcel.
(7) "Goal Protected Lands" means lands
			 protected or designated pursuant to any one of the following statewide planning
			 goals:
(a) Goal 5 Natural Resources, Scenic
			 and Historic Areas, and Open Spaces;
(b) Goal 6 Air, Water and Land Resource
			 Quality;
(c) Goal 7 Areas Subject
			 to Natural Hazards;
(d) Goal 9
			 Economic Development;
(e) Goal 15
			 Willamette River Greenway;
(f) Goal
			 16 Estuarine Resources;
(g) Goal 17
			 Coastal Shorelands; and
(h) Goal 18
			 Beaches and Dunes.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0030 - Implementation of Middle Housing Ordinances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before a local government amends an
			 acknowledged comprehensive plan or a land use regulation to allow Middle
			 Housing, the local government must submit the proposed amendment to the
			 Department for review and comment pursuant to OAR chapter 660, division
			 18.
(2) In adopting or amending
			 regulations or amending a comprehensive plan to allow Middle Housing, a local
			 government must include findings demonstrating consideration, as part of the
			 post-acknowledgement plan amendment process, of methods to increase the
			 affordability of Middle Housing through ordinances or policies that include but
			 are not limited to:
(a) Waiving or deferring
			 system development charges;
(b)
			 Adopting or amending criteria for property tax exemptions under ORS
			 307.515 to ORS
			 307.523,
			 ORS
			 307.540 to ORS
			 307.548 or ORS
			 307.651 to ORS
			 307.687 or property tax freezes under ORS
			 308.450 to ORS
			 308.481;
			 and
(c) Assessing a construction
			 tax under ORS
			 320.192 and ORS
			 320.195.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0040 - Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Medium or
			 Large City may adopt land use regulations or amend its comprehensive plan to
			 comply with ORS
			 197.758 and the provisions of this division.
(2) A Medium or Large City may request from
			 the Department an extension of the time allowed to complete the action under
			 section (1) pursuant to the applicable sections of OAR 660-046-0300  through OAR
			 660-046-0370.
(3) A Medium City
			 which is A Local Government That Has Not Acted by June 30, 2021 or within one
			 year of qualifying as a Medium City pursuant to OAR 660-046-0050  and has not
			 received an extension under section (2), shall directly apply the applicable
			 Model Code contained in OAR 660-046-0010(4)  in its entirety to all proposed
			 Middle Housing development applications until such time as the Medium City has
			 adopted provisions under section (1).
(4) A Large City which is A Local Government
			 That Has Not Acted by June 30, 2022 or within two years of qualifying as a
			 Large City pursuant to OAR 660-046-0050  and has not received an extension under
			 section (2), shall directly apply the applicable Model Code contained in OAR
			 660-046-0010(4)  for the specific Middle Housing type that is not in compliance
			 with the relevant rules in this division to all proposed development
			 applications for that specific Middle Housing type until such time as the Large
			 City has adopted provisions under section (1).
(5) If a Medium or Large City has adopted
			 land use regulations or amended its comprehensive plan by the date provided
			 under sections (3) and (4) and the Medium or Large City's land use regulations
			 or comprehensive plan changes are subsequently remanded by the Land Use Board
			 of Appeals or an appellate court solely on procedural grounds, the Medium or
			 Large City is deemed to have acted. Accordingly, the Medium or Large City may
			 continue to apply its own land use regulations and comprehensive plan as they
			 existed prior to the adoption of land use regulations or comprehensive plan
			 amendments that were the subject of procedural remand until the first of the
			 two options:
(a) The Medium or Large City has
			 adopted land use regulations or amended its comprehensive plan in response to
			 the remand; or
(b) 120 days after
			 the date of the remand. If the Medium or Large City has not adopted land use
			 regulations or amended its comprehensive plan within 120 days of the date of
			 the remand, the Medium or Large City is deemed not to have acted under sections
			 (3) and (4).
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0050 - Eligible Local Governments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a local government was not previously
			 a Medium City and a certified Portland State University Population Research
			 Center population estimate qualifies it as a Medium City, the local government
			 must comply with this division within one year of its qualification as a Medium
			 City.
(2) If a local government was
			 not previously a Large City and a certified Portland State University
			 Population Research Center population estimate qualifies it as a Large City,
			 the local government must comply with this division within two years of its
			 qualification as a Large City.
Statutory/Other Authority: ORS
				  197.040
Statutes/Other Implemented: ORS
				  197.758
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0100 - Purpose of Middle Housing in Medium Cities

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 660-046-0105  through OAR 660-046-0130  are intended to
				measure compliance with ORS
				197.758 et seq and Goal 10 Housing for Medium Cities.
Statutory/Other Authority:ORS
				  197.040
Statutes/Other Implemented:ORS
				  197.758
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0105 - Applicability of Middle Housing in Medium Cities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Medium City must allow for the
			 development of a Duplex, including those Duplexes created through conversion of
			 an existing detached single-family dwelling, on each Lot or Parcel zoned for
			 residential use that allows for the development of detached single-family
			 dwellings.
(2) OAR 660-046-0105  through OAR 660-046-0130  do not require a Medium City to allow more than two
			 dwellings units on a Lot or Parcel, including any accessory dwelling
			 units.
Statutory/Other Authority:ORS
				  197.040
Statutes/Other Implemented:ORS
				  197.758
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0110 - Provisions Applicable to Duplexes in Medium Cities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Medium Cities may regulate Duplexes to
			 comply with protective measures, including plans, policies and regulations, as
			 provided in OAR 660-046-0010(3).
(2) Medium Cities may regulate siting and
			 design of Duplexes, provided that the regulations:
(a) Are clear and objective standards,
			 conditions, or procedures consistent with ORS
			 197.307;
			 and
(b) Do not, individually or
			 cumulatively, discourage the development of Duplexes through unreasonable costs
			 or delay.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0115 - Permitted Uses and Approval Process

Current through Register Vol. 63, No. 7, July 1, 2024
Medium Cities must apply the same approval process to Duplexes
				as detached single-family dwellings in the same zone. Pursuant to OAR
				660-007-0015, OAR 660-008-0015, and ORS
				197.307,
				Medium Cities may adopt and apply only clear and objective standards,
				conditions, and procedures regulating the development of Duplexes. Nothing in
				this rule prohibits a Medium City from adopting an alternative approval process
				for applications and permits for Middle Housing based on approval criteria that
				are not clear and objective as provided in OAR 660-007-0015(2), OAR
				660-008-0015(2), and ORS
				197.307(6).
Statutory/Other Authority: ORS
				  197.040
Statutes/Other Implemented: ORS
				  197.758
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0120 - Duplex Siting Standards in Medium Cities

Current through Register Vol. 63, No. 7, July 1, 2024
The following standards apply to all Duplexes:
(1) Minimum Lot or Parcel Size: A Medium City
			 may not require a minimum Lot or Parcel size that is greater than the minimum
			 Lot or Parcel size required for a detached single-family dwelling in the same
			 zone. Additionally, Medium Cities shall allow the development of a Duplex on
			 any property zoned to allow detached single-family dwellings, which was legally
			 created prior to the Medium City's current lot size minimum for detached
			 single-family dwellings in the same zone.
(2) Density: If a Medium City applies density
			 maximums in a zone, it may not apply those maximums to the development of
			 Duplexes.
(3) Setbacks: A Medium
			 City may not require setbacks to be greater than those applicable to detached
			 single-family dwellings in the same zone.
(4) Height: A Medium City may not apply lower
			 maximum height standards than those applicable to detached single-family
			 dwellings in the same zone.
(5)
			 Parking:
(a) A Medium City may not require
			 more than a total of two off-street parking spaces for a Duplex.
(b) Nothing in this section precludes a
			 Medium City from allowing on-street parking credits to satisfy off-street
			 parking requirements.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0125 - Duplex Design Standards in Medium Cities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Medium Cities are not required to apply
			 design standards to new Duplexes. However, if the Medium City chooses to apply
			 design standards to new Duplexes, it may only apply the same clear and
			 objective design standards that the Medium City applies to detached
			 single-family structures in the same zone.
(2) A Medium City may not apply design
			 standards to Duplexes created as provided in OAR 660-046-0130.
Statutory/Other Authority:ORS
				  197.040
Statutes/Other Implemented:ORS
				  197.758
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0130 - Duplex Conversions

Current through Register Vol. 63, No. 7, July 1, 2024
Conversion of an existing detached single-family dwelling to a
				Duplex is allowed, pursuant to OAR 660-046-0105(2), provided that the
				conversion does not increase nonconformance with applicable clear and objective
				standards in the Medium City's development code, unless increasing
				nonconformance is otherwise allowed by the Medium City.
Statutory/Other Authority:ORS
				  197.040
Statutes/Other Implemented:ORS
				  197.758
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0200 - Purpose of Middle Housing in Large Cities

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 660-046-0205  through OAR 660-046-0235  are intended to
				measure compliance with ORS
				197.758 and Goal 10 Housing for Large Cities.
Statutory/Other Authority: ORS
				  197.040
Statutes/Other Implemented: ORS
				  197.758
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0210 - Provisions Applicable to Middle Housing in Large Cities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Large Cities may regulate Middle Housing
			 to comply with protective measures, including plans, policies and regulations,
			 as provided in OAR 660-046-0010(3).
(2) Large Cities may regulate siting and
			 design of Middle Housing, provided that the regulations:
(a) Are clear and objective standards,
			 conditions, or procedures consistent with the requirements of ORS
			 197.307;
			 and
(b) Do not, individually or
			 cumulatively, discourage the development of Middle Housing through unreasonable
			 costs or delay.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0215 - Permitted Uses and Approval Process

Current through Register Vol. 63, No. 7, July 1, 2024
Large Cities must apply the same approval process to Middle
				Housing as detached single-family dwellings in the same zone. Pursuant to OAR
				660-008-0015  and ORS
				197.307,
				Large Cities may adopt and apply only clear and objective standards,
				conditions, and procedures regulating the development of Middle Housing
				consistent with the requirements of ORS
				197.307.
				Nothing in this rule prohibits a Large City from adopting an alternative
				approval process for applications and permits for Middle Housing based on
				approval criteria that are not clear and objective as provided in OAR
				660-007-0015(2), OAR 660-008-0015(2), and ORS
				197.307(6).
Statutory/Other Authority: ORS
				  197.040
Statutes/Other Implemented: ORS
				  197.758
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0220 - Middle Housing Siting Standards in Large Cities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Large Cities must apply siting standards
			 to Duplexes in the same manner as required for Medium Cities in OAR
			 660-046-0120.
(2) The following
			 governs Large Cities' regulation of siting standards related to Triplexes and
			 Quadplexes:
(a) Minimum Lot or Parcel Size:
(A) For Triplexes:
(i) If the minimum Lot or Parcel size in the
			 zone for a detached single-family dwelling is 5,000 square feet or less, the
			 minimum Lot or Parcel size for a Triplex may be no greater than 5,000 square
			 feet.
(ii) If the minimum Lot or
			 Parcel size in the zone for a detached single-family dwelling is greater than
			 5,000 square feet, the minimum Lot or Parcel size for a Triplex may be no
			 greater than the minimum Lot or Parcel size for a detached single-family
			 dwelling.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0225 - Middle Housing Design Standards in Large Cities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Large City is not required to apply
			 design standards to Middle Housing. However, if a Large City chooses to apply
			 design standards to Middle Housing, it may only apply the following:
(a) Design standards in the Model Code for
			 Large Cities as provided in OAR 660-046-0010(4)(b);
(b) Design standards that are less
			 restrictive than those in the Model Code for Large Cities as provided in OAR
			 660-046-0010(4)(b);
(c) The same
			 clear and objective design standards that the Large City applies to detached
			 single-family structures in the same zone. Design standards may not scale by
			 the number of dwelling units or other features that scale with the number of
			 dwelling units, such as primary entrances. Design standards may scale with
			 form-based attributes, including but not limited to floor area, street-facing
			 facade, height, bulk, and scale; or
(d) Alternative design standards as provided
			 in OAR 660-046-0235.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0230 - Middle Housing Conversions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Additions to, or conversions of, an
			 existing detached single-family dwelling into Middle Housing is allowed in a
			 Large City pursuant to OAR 660-046-0205(2), provided that the addition or
			 conversion does not increase nonconformance with applicable clear and objective
			 standards, unless increasing nonconformance is otherwise permitted by the Large
			 City's development code.
(2) If
			 Middle Housing is created through the addition to, or conversion of, an
			 existing detached single-family dwelling, a Large City or other utility service
			 provider that grants clear and objective exceptions to public works standards
			 to detached single-family dwelling development must allow the granting of the
			 same exceptions to Middle Housing.
(3) An existing detached single-family
			 dwelling may remain on a Lot or Parcel with a Cottage Cluster as described
			 below:
(a) The existing single-family dwelling
			 may be nonconforming with respect to the requirements of the applicable
			 code;
(b) The existing
			 single-family dwelling may be expanded up to the maximum height, footprint, or
			 unit size required by the applicable code; however, an existing single-family
			 dwelling that exceeds the maximum height, footprint, or unit size of the
			 applicable code may not be expanded;
(c) The existing single-family dwelling shall
			 count as a unit in the Cottage Cluster;
(d) The floor area of the existing
			 single-family dwelling shall not count towards any Cottage Cluster average or
			 Cottage Cluster project average or total unit size limits; and
(e) A Large City may apply a time limit on
			 the conversion of a single-family dwelling to a Cottage Cluster not to exceed
			 five years.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0235 - Alternative Siting or Design Standards

Current through Register Vol. 63, No. 7, July 1, 2024
A Large City may adopt Siting or Design Standards not
				authorized by OAR 660-046-0220  or OAR 660-046-0225  as allowed if the city can
				demonstrate that it meets the applicable criteria in this section. Alternative
				Siting or Design standards do not include minimum Lot or Parcel size and
				maximum density requirements. If a Large City proposes to adopt alternative
				Siting or Design Standards, the Large City must submit to the Department
				findings and analysis demonstrating that the proposed standard or standards
				will not, individually or cumulatively, cause unreasonable cost or delay to the
				development of Middle Housing. To demonstrate that, the Large City must
				consider how a standard or standards, individually and cumulatively, affect the
				following factors in comparison to what is would otherwise be required under
				OAR 660-046-0220  or OAR 660-046-0225:
(1) The total time and cost of construction,
			 including design, labor, and materials;
(2) The total cost of land;
(3) The availability and acquisition of land,
			 including in areas with existing development;
(4) The total time and cost of permitting and
			 fees required to make land suitable for development;
(5) The cumulative livable floor area that
			 can be produced; and
(6) The
			 proportionality of cumulative time and cost imposed by the proposed standard or
			 standards in relationship to the public need or interest the standard or
			 standards fulfill.
Statutory/Other Authority: ORS
				  197.040
Statutes/Other Implemented: ORS
				  197.758
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0300 - Purpose of Infrastructure-Based Time Extension Request Process

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 660-046-0300  to OAR 660-046-0370  establish the form and
				substance of the IBTER application and review process. The purpose of these
				rules is to provide submittal requirements, including required data and
				analyses that a local government must submit with an IBTER, prescribe when a
				local government is eligible for a time extension in response to an IBTER, and
				to provide the evaluation process and criteria that the department will use to
				review IBTERs and issue Time Extensions.
Statutory/Other Authority: ORS
				  197.040  & OR Laws 2019, chapter 639, section 4(6)
Statutes/Other Implemented: ORS
				  197.758  & OR Laws 2019, chapter 639, sections 3 and 4
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0310 - Entities Eligible to Apply

Current through Register Vol. 63, No. 7, July 1, 2024
Local governments, as defined in OAR 660-046-0320, may submit
				an IBTER.
Statutory/Other Authority: ORS
				  197.040  & OR Laws 2019, chapter 639, section 4(6)
Statutes/Other Implemented: ORS
				  197.758  & OR Laws 2019, chapter 639, sections 3 and 4
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0340 - Infrastructure-Specific Application Thresholds

Current through Register Vol. 63, No. 7, July 1, 2024
This rule specifies the circumstances that would justify a time
				extension for each infrastructure type.
(1) Transportation. A local government may
			 use the following circumstances to justify a transportation-based IBTER:
(a) Areas where the supporting roadways,
			 intersections, or both are operating or anticipated to operate over capacity,
			 not meet currently acceptable service levels, or have existing geometric/safety
			 limitations. Supporting information regarding the magnitude and severity of the
			 deficiency must support a determination that the deficiency has a significant
			 impact on transportation function or safety in the affected area. This type of
			 transportation IBTER applies only to areas where mitigation is planned and is
			 either within the jurisdiction and financial capacity of the local government,
			 or is planned, financed, and scheduled in partnership with county, state, or
			 other governmental or private partners.
(b) Areas that lack adequate emergency
			 vehicle access per current adopted Fire Code standards, and for which
			 mitigation in conjunction with development is not feasible.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0350 - Application Submittal Timeline and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Local governments requesting a time
			 extension must file IBTER applications with the department as follows:
(a) By December 31, 2020 for local
			 governments subject to ORS
			 197.758(3).
(b) By June 30, 2021 for local governments
			 subject to ORS
			 197.758(2).
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0360 - Review Process, Review Criteria and Appeal Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Review and decision-making authority. The
			 department reviews IBTERs for consistency with the review criteria and
			 compliance with the procedural requirements in OAR 660-046-0360. The department
			 will deny an IBTER that does not meet either the review criteria or comply with
			 the procedural requirements. The department has final decision-making authority
			 for IBTERs. The Land Conservation and Development Commission has
			 decision-making authority for appeals of the department's decision.
(2) Posting for Public Comment. The
			 department will post a timely and complete IBTER on the department's website
			 along with the review criteria provided in section (5) and a statement that any
			 person may file a comment regarding the IBTER no more than 21 days after the
			 posting of the IBTER.
(3) Valid
			 Comments. Any person may file a comment with the Department. In order to be
			 considered valid, a comment must:
(a) Be in
			 writing and filed with the Department no more than 21 days after the Department
			 posting of the IBTER on the department's website;
(b) Address one or more of the five review
			 criteria in section (5); and
(c)
			 Provide the person's mailing address.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0370 - Duration of Time Extension

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 As provided in OAR 660-046-0350(3)(f)(A), the IBTER must specify when the local
			 government intends to correct the significant infrastructure deficiency. The
			 IBTER must provide a detailed timeline for a complete plan of action that will
			 remedy the significant infrastructure deficiency, which may include phased
			 infrastructure improvements and contingent actions and timelines based on
			 circumstances outside the control of the local government.
(2) If, for reasons beyond the control of the
			 local government, the local government cannot complete an approved remediation
			 plan by the deadline specified in the time extension decision, the local
			 government, prior to the expiration date of a time extension, may prepare an
			 amended remediation plan and submit the plan for department consideration. With
			 the exception of application deadlines specified in OAR 660-046-0350(1), the
			 amended remediation plan must be consistent with the provisions of OAR
			 660-046-0300  through OAR 660-046-0370. The amended remediation plan must
			 explain why the initial approved plan could not be completed on schedule.
			 Department review of the amended remediation plan is not subject to the
			 completeness review period specified in OAR 660-046-0350(2), nor the required
			 decision timelines in OAR 660-046-0360(4). Otherwise, the review process and
			 criteria for the amended remediation plan must be consistent with the
			 requirements of OAR 660-046-0360. Additionally, the department shall evaluate
			 the following considerations in review of any amended remediation plan:
(a) Whether the local government anticipated
			 or reasonably should have anticipated the contingencies causing delay in the
			 initial remediation plan;
(b)
			 Whether additional delay in the enactment of middle housing allowances is
			 warranted; and
(c) Whether the
			 allowance for middle housing in the subject area would provide an opportunity
			 for other parties to construct the necessary infrastructure as needed in
			 association with middle housing development.
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 1 - NOTICE RULE FOR THE LAND USE BOARD OF APPEALS › Section 661-001-0000 - Notice of Proposed Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to adoption, amendment or repeal of any rule, the Land
				Use Board of Appeals shall give notice of the intended action:
(1) In the Secretary of State's Bulletin
			 referred to in ORS
			 183.360 at least 21 days prior to the effective date.
(2) By mailing a copy of notice to persons on
			 the Land Use Board of Appeals' mailing list established pursuant to ORS
			 183.335(8)
			 at least 28 days prior to the effective date.
(3) By mailing or furnishing a copy of the
			 notice to members of the House of Representatives and the Senate required by
			 ORS
			 183.335(15).
(4) By mailing or furnishing a copy of the
			 notice to:
(a) Associated Press;
(b) Association of Oregon Counties;
(c) League of Oregon Cities;
(d) Oregon Business & Industry;
(e) Home Builders Association of Metropolitan
			 Portland;
(f) Oregon Home Builders
			 Association;
(g) 1000 Friends of
			 Oregon;
(h) Oregon Property Owners
			 Association;
(i) Oregon Association
			 of Realtors;
(j) Oregon State Bar,
			 Real Estate and Land Use Section; and
(k) Oregon Department of Land Conservation
			 and Development.
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 1 - NOTICE RULE FOR THE LAND USE BOARD OF APPEALS › Section 661-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Land Use Board of Appeals adopts by reference Division 1 of
				the Oregon State Attorney General's Model Rule.
Stat. Auth.: ORS 183
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0000 - Introduction

Current through Register Vol. 63, No. 7, July 1, 2024
Scope of Rules and Effective Date: All proceedings commenced by
				a notice of intent to appeal filed on or after April 1, 2024, shall be governed
				by these rules. Proceedings commenced before April 1, 2024, shall be governed
				by OAR 661-010-0005  through OAR 661-010-0075  as effective on the date the
				notice of intent to appeal was filed.
Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS
				  197.805
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules are intended to promote the speediest practicable
				review of land use decisions and limited land use decisions, in accordance with
				ORS 197.805-197.855, while affording
				all interested persons reasonable notice and opportunity to intervene,
				reasonable time to prepare and submit their cases, and a full and fair hearing.
				The rules shall be interpreted to carry out these objectives and to promote
				justice. Technical violations not affecting the substantial rights of parties
				shall not interfere with the review of a land use decision or limited land use
				decision. Failure to comply with the time limit for filing a notice of intent
				to appeal under OAR 661-010-0015(1)  or a petition for review under OAR
				661-010-0030(1)  is not a technical violation.
Stat. Auth.: ORS
				  197.820(4)
Stats. Implemented: ORS
				  197.805
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In these rules, unless the context or subject matter requires
				otherwise:
(1) "Applicant" means the
			 person who requested that the governing body take an action which resulted in a
			 land use decision or limited land use decision.
(2) "Board" means the Land Use Board of
			 Appeals or any member thereof.
(3)
			 "Final decision": A decision becomes final when it is reduced to writing and
			 bears the necessary signatures of the decision maker(s), unless a local rule or
			 ordinance specifies that the decision becomes final at a later date, in which
			 case the decision is considered final as provided in the local rule or
			 ordinance.
(4) "Final decision
			 maker" means the governing body, or a person, commission or other entity
			 authorized by the governing body, that makes the final decision.
(5) "Governing body" means a city, county or
			 special district governing body, or a state agency.
(6) "Land use decision" has the meaning given
			 the term in ORS
			 197.015.
(7) "Lead Intervenor" means the intervenor
			 designated as the contact person for the purpose of receiving documents from
			 the Board and other parties, when two or more intervenors join in a single
			 motion to intervene and are unrepresented by an attorney. See OAR
			 661-010-0012(6)(b).
(8) "Lead
			 Petitioner" means the petitioner designated as the contact person for the
			 purpose of receiving documents from the Board and other parties, when two or
			 more petitioners are unrepresented by an attorney. See OAR
			 661-010-0012(6)(a).
(9) "Limited
			 land use decision" has the meaning given the term in ORS
			 197.015.
(10) "Notice" means the notice of intent to
			 appeal and refers to the document that must be filed with the Board in order to
			 begin a review proceeding.
(11)
			 "Party" means the petitioner, the governing body, and any person who intervenes
			 as provided in OAR 661-010-0050. "Party" does not include a state agency that
			 files a brief under ORS
			 197.830(8)
			 or an amicus participating under OAR 661-010-0052.
Statutory/Other Authority: ORS
				  197.820(4)
Statutes/Other Implemented: ORS
				  197.015(2),
				  197.015(10),
				  197.015(12)
				  & 197.805
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0015 - Notice of Intent to Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Filing of Notice:
(a) The Notice, together
			 with two copies, and the filing fee required by section (4) of this rule, shall
			 be filed with the Board on or before the 21st day after the date the decision
			 sought to be reviewed becomes final or within the time provided by ORS
			 197.830(3)-(5).
			 A notice of intent to appeal plan and land use regulation amendments processed
			 pursuant to ORS
			 197.610 to
			 197.625 shall be filed with the Board on or before the 21st day after the date the
			 decision sought to be reviewed is mailed to parties entitled to notice under
			 ORS
			 197.615.
			 A Notice filed thereafter shall not be deemed timely filed, and the appeal
			 shall be dismissed.
(b) The date of
			 filing a notice of intent to appeal is:
(A)
			 The date the Notice is received by the Board;
(B) The date the Notice is mailed, provided
			 it is mailed by registered or certified mail, and the party filing the Notice
			 has proof from the post office of such mailing date. If the date of mailing is
			 relied upon as the date of filing, the date of the receipt stamped by the
			 United States Postal Service showing the date mailed and the certified or
			 registered number is the date of filing; or
(C) The date the Notice is deposited with or
			 dispatched for delivery by a commercial delivery service, provided the party
			 filing the Notice has proof from the commercial delivery service of such
			 deposit or dispatch date. Proof of such deposit or dispatch date includes a
			 receipt from the commercial delivery service showing the date the Notice is
			 deposited with the commercial delivery service or a receipt from the commercial
			 delivery service's online tracking service showing the date the Notice is
			 dispatched for delivery by the commercial delivery service.
(c) If a Notice is received
			 without payment of the fee required by section (4) of this rule, the petitioner
			 will be given an opportunity to submit the required fee. If the filing fee is
			 not received within the time set by the Board, the Board shall dismiss the
			 appeal.
(d) If the Board determines
			 that a Notice identifies more than one final decision as the subject of appeal,
			 the Board shall notify the petitioner. The Board shall dismiss the Notice if
			 the petitioner fails to submit within the date specified by the Board either a
			 written election to appeal only one decision, or a separate Notice and separate
			 filing fee, as required by section (4) of this rule, for each additional
			 decision.
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0021 - Withdrawal of Decision for Reconsideration

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  If a local government or state agency, pursuant to ORS
				197.830(13)(b), withdraws a decision for the purposes of reconsideration, it
				shall file a notice of withdrawal with the Board on or before the date the
				record is due or, on appeal of a decision under ORS 197.610 to 197.625 or
				relating to the development of a residential structure, the local government
				shall file a notice of withdrawal prior to the filing of the respondent's
				brief. A copy of the decision on reconsideration shall be filed with the Board
				within 90 days after the filing of the notice of withdrawal or within such
				other time as the Board may allow.
(2)  The filing of a notice of withdrawal under section (1) of
				this rule shall suspend proceedings on the appeal until a decision on
				reconsideration is filed with the Board, or the time designated therefor
				expires, unless otherwise ordered by the Board. If no decision on
				reconsideration is filed within the time designated therefor, the Board shall
				issue an order restarting the appeal.
(3)  A copy of the decision on reconsideration under section (1)
				of this rule shall be filed with the Board within 7 days after the local
				government or state agency issues the decision on reconsideration and copies of
				the decision on reconsideration shall be served on all parties. The first page
				of the decision on reconsideration, or an accompanying transmittal letter,
				shall indicate the title and case number of the pending appeal before the
				Board.
(4)  Petitioner(s) may seek review of the decision on
				reconsideration as provided in section (5) of this rule. Any other person may
				file a notice of intent to appeal the decision on reconsideration as provided
				in OAR 661-010-0015. If such an appeal is filed, and a petitioner files an
				amended notice of intent to appeal or refiles the original notice of intent to
				appeal as provided in section (5) of this rule, any party may move to
				consolidate the appeals challenging the decision on reconsideration as provided
				in OAR 661-010-0055.
(5)  After the filing of a decision on reconsideration:
(a)  If the petitioner wishes review by the Board of the
				decision on reconsideration:
(A)  Except as provided in paragraph (B) of this subsection, the
				petitioner shall file an amended notice of intent to appeal together with two
				copies within 21 days after the decision on reconsideration is received by the
				Board.
(B)  In the event the local government or state agency affirms
				its decision or modifies its decision with only minor revisions, the petitioner
				may refile the original notice of intent to appeal, with the date of the
				decision on reconsideration indicated thereon, together with two copies within
				21 days after the decision on reconsideration is received by the Board.
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0025 - Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Contents of
			 Record: Unless the Board otherwise orders, or the parties otherwise agree in
			 writing, the record shall include at least the following:
(a) The final decision including any findings
			 of fact and conclusions of law.
(b)
			 All written testimony and all exhibits, maps, documents or other materials
			 specifically incorporated into the record or placed before, and not rejected
			 by, the final decision maker, during the course of the proceedings before the
			 final decision maker.
(c) Minutes
			 and tape, CD, DVD or other media recordings of the meetings conducted by the
			 final decision maker, if created by the final decision maker or incorporated
			 into the record by the final decision maker. A verbatim transcript of media
			 recordings shall not be required, but if a transcript has been prepared by the
			 governing body, it shall be included.
(d) Notices of proposed action, public
			 hearing and adoption of a final decision, if any, published, posted or mailed
			 during the course of the land use proceeding, including affidavits of
			 publication, posting or mailing. Such notices shall include any notices
			 concerning amendments to acknowledged comprehensive plans or land use
			 regulations given pursuant to ORS
			 197.610(1)
			 or
			 197.615(1)
			 and (2).
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0026 - Objections to the Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Before filing an objection to the record, a party shall attempt to resolve the
			 matter with the governing body's legal counsel. The objecting party shall
			 include a statement of compliance with this section at the same time the
			 objection is filed. The Board may deny any objection to the record that does
			 not comply with this rule.
(2) An
			 objection to the record shall be filed with the Board within 14 days of the
			 date the Board receives the record, which is the date stated in the body of the
			 notice of record transmittal sent to the parties by the Board. An objection to
			 an amended or supplemental record shall be filed within 14 days of service of
			 the amended or supplemental record. A party may file a record objection while
			 continuing to resolve objections with the governing body's legal counsel.
			 Objections may be made on the following grounds:
(a) The record does not include all materials
			 included as part of the record during the proceedings before the final decision
			 maker. The omitted item(s) shall be specified, as well as the basis for the
			 claim that the item(s) are part of the record.
(b) The record contains material not included
			 as part of the record during the proceedings before the final decision maker.
			 The item(s) not included as part of the record during the proceedings before
			 the final decision maker shall be specified, as well as the bases for the claim
			 that the item(s) are not part of the record.
(c) The minutes or transcripts of meetings or
			 hearings are incomplete or do not accurately reflect the proceedings.
(d) The record does not conform to the
			 requirements of OAR 661-010-0025(4).
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0035 - Respondent's Brief

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Filing and Service of Brief: Unless otherwise provided by the Board,
			 respondent's brief together with one copy shall be filed within 42 days after
			 the date the record is received or settled by the Board. See OAR
			 661-010-0025(2)  and 661-010-0026(6). A copy of the respondent's brief shall be
			 served on the petitioner or the lead petitioner, if one is designated, and all
			 intervenors or the lead intervenor, if one is designated.
(2) Specifications of Brief: Respondent's
			 brief shall conform to the specifications of the petition for review at OAR
			 661-010-0030(2), except that the brief shall have red front and back covers. If
			 there is more than one respondent, the front cover page shall specify which
			 respondent is filing the brief. Respondent's brief shall be subject to OAR
			 661-010-0030(3). If multiple petitions for review or intervenor-petitioner's
			 briefs are filed, then the respondent and any intervenors-respondents may each
			 file a consolidated brief in response, which shall be limited to 15,000 words
			 unless permission for a longer brief is given by the Board. Respondent and
			 intervenors-respondents are encouraged to coordinate their briefing to avoid
			 repetitive and overlapping arguments.
(3) Contents of Brief:
(a) The respondent's brief shall follow the
			 form prescribed for the petition for review, but need not contain the final
			 decision. The respondent shall specifically accept the petitioner's statement
			 of the case or shall cite any alleged omissions or inaccuracies therein, and
			 may state additional relevant facts or other matters. The statement shall be in
			 narrative form with citations to the pages of the record where the facts
			 alleged can be found.
(b)
			 Respondent shall accept or challenge petitioner's statement of the Board's
			 jurisdiction and petitioner's statement of standing. The basis for any
			 challenge shall be stated. If respondent contends that the facts alleged by
			 petitioner in support of standing are not true, respondent shall specify which
			 allegations are contested.
(c) A
			 response brief shall not include an assignment of error or cross-assignment of
			 error.
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0038 - State Agency Briefs

Current through Register Vol. 63, No. 7, July 1, 2024
A state agency that wishes to file a brief under ORS
				197.830(8)
				shall file the brief together with one copy within the time required for
				respondent's brief. A state agency brief shall have yellow front and back
				covers. A state agency brief shall be accompanied by a filing fee of
				$100.
Statutory/Other Authority: ORS
				  197.820(4)
Statutes/Other Implemented: ORS
				  197.830(8)
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0039 - Reply Brief

Current through Register Vol. 63, No. 7, July 1, 2024
A reply brief shall be permitted. A reply brief shall be filed
				together with one copy within seven days of the date the respondent's brief is
				filed. A reply brief shall be confined to responses to arguments in the
				respondent's brief, state agency brief, or amicus brief, but shall not include
				new assignments of error or advance new bases for reversal or remand. A reply
				brief shall not exceed 1,000 words, exclusive of appendices, unless permission
				for a longer reply brief is given by the Board. If a party does not have access
				to a word-processing system that provides a word count, a reply brief is
				acceptable if it does not exceed four pages. A reply brief must include the
				certificate of compliance required by OAR 661-010-0030(2)(k). A reply brief
				shall have gray front and back covers.
Statutory/Other Authority: ORS
				  197.820(4)
Statutes/Other Implemented: ORS
				  197.830(13)(a)