reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 44 - METROPOLITAN GREENHOUSE GAS REDUCTION TARGETS › Section 660-044-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 division implements Oregon Land Use Planning Goal 12 (Transportation) and the
			 state goal in ORS
			 468A.205 to reduce greenhouse gas emissions. The purpose of this division is to
			 significantly, and as rapidly as possible, reduce climate pollutants that are
			 causing climate disruption.
(2)
			 Cities, counties, metropolitan planning organizations, and the Metropolitan
			 Service District serving the Portland metro area (Metro) are encouraged to take
			 actions beyond the minimum requirements of this division to rapidly make large
			 reductions in pollution.
(3) This
			 division requires cities, counties, and Metro to change transportation and land
			 use plans to significantly reduce pollution from light vehicles. This division
			 places specific requirements on Metro in recognition of its unique status in
			 Oregon. This division also requires cities and counties within other
			 metropolitan regions to work together to prepare a preferred land use and
			 transportation scenario that describes a future set of desired transportation
			 facilities, alternative future land use patterns, and policies that will reduce
			 greenhouse gas pollution from light vehicles. This division requires the cities
			 and counties within a metropolitan area to prepare a transportation and land
			 use scenario plan that defines and implements a preferred scenario, identifies
			 performance measures for tracking progress, and works to not only avoid or
			 mitigate any impacts to underserved populations, but to improve outcomes for
			 these communities over time.
(4)
			 This division aims to reduce inequities for underserved populations. The land
			 use and transportation scenario planning process and the local implementation
			 process must prioritize underserved populations so that the actions that reduce
			 pollution also reduce the historic inequities from prior transportation and
			 land use development.
Statutory/Other Authority: ORS
				  197.040,
				  Ch 865 OL 2009 (HB 2001) § 37(6) and (8) & Ch 85 OL 2010 Special
				  Session (SB 1059) § 5
Statutes/Other Implemented: Ch 865 OL 2009 (HB 2001) §
				  37(6) and (8) & Ch 85 OL 2010 Special Session (SB 1059) §
				  5
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 44 - METROPOLITAN GREENHOUSE GAS REDUCTION TARGETS › Section 660-044-0010 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Tables referenced are not included in rule text.
Click here for PDF
				  copy of table(s)
.
Stat. Auth.: ORS
				  197.040; Ch. 865 OL 2009 (HB
				  2001) § 37(6); Ch. 85 OL 2010 Special Session (SB 1059) § 5
Stats. Implemented: Ch. 865 OL 2009 (HBl 2001) § 37(6),
				  Ch. 85 OL 2010 Special Session (SBl 1059) §
				  5
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 44 - METROPOLITAN GREENHOUSE GAS REDUCTION TARGETS › Section 660-044-0015 - Applicability - Compliance Schedule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 660-044-0000  through OAR 660-044-0020, OAR 660-044-030, and OAR 660-044-0040  through OAR 660-044-0060  of this division apply to Metro. OAR 660-044-0055  applies to the cities and counties within Metro.
(2) OAR 660-044-0000  through 660-044-0015,
			 OAR 660-044-0025  through 660-044-0030, and OAR 660-044-0100  through
			 660-044-0130  of this division apply to the cities and counties within the
			 metropolitan planning area of the Central Lane Metropolitan Planning
			 Organization as provided in subsections (a) and (b).
(a) These cities and counties must:
(A) Submit a work program containing all of
			 the elements provided in OAR 660-044-0100  to the department for review under
			 section (4) by June 30, 2023;
(B)
			 Prepare a land use and transportation scenario plan as provided in OAR
			 660-044-0110  and submit it for review by the commission as provided in OAR
			 660-044-0120  by December 31, 2023 or another date in the approved work
			 program;
(C) Adopt local amendments
			 as provided in OAR 660-044-0130  by December 31, 2026, or other date in the
			 approved work program.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 44 - METROPOLITAN GREENHOUSE GAS REDUCTION TARGETS › Section 660-044-0020 - Greenhouse Gas Emissions Reduction Target for the Portland Metropolitan Area

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Metro shall
			 use the greenhouse gas emissions reduction targets in this rule as it develops,
			 reviews, and updates a land use and transportation scenario that accommodates
			 planned population and employment growth while achieving a reduction in
			 greenhouse gas emissions from light vehicle travel in the metropolitan area as
			 required by OAR 660-044-0040  through 660-044-0060.
(2) This rule only applies to the Portland
			 metropolitan area.
(3) The
			 greenhouse gas emissions reduction target is a 20 percent reduction in the year
			 2035.
(4) Targets for the year 2040
			 and beyond are:
(a) By 2040, a 25 percent
			 reduction.
(b) By 2041, a 26
			 percent reduction.
(c) By 2042, a
			 27 percent reduction.
(d) By 2043,
			 a 28 percent reduction.
(e) By
			 2044, a 29 percent reduction.
(f)
			 By 2045, a 30 percent reduction.
(g) By 2046, a 31 percent
			 reduction.
(h) By 2047, a 32
			 percent reduction.
(i) By 2048, a
			 33 percent reduction.
(j) By 2049,
			 a 34 percent reduction.
(k) By 2050
			 and beyond, a 35 percent reduction.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 44 - METROPOLITAN GREENHOUSE GAS REDUCTION TARGETS › Section 660-044-0025 - Greenhouse Gas Emissions Reduction Targets for Other Metropolitan Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose and
			 effect of targets: Local governments in metropolitan planning areas not covered
			 by OAR 660-044-0020  shall use the targets set forth in section (2) of this rule
			 as they conduct land use and transportation planning to reduce greenhouse gas
			 emissions.
(2) Targets for the year
			 2040 and beyond are:
(a) By 2040 or earlier, a
			 20 percent reduction.
(b) By 2041,
			 a 21 percent reduction.
(c) By
			 2042, a 22 percent reduction.
(d)
			 By 2043, a 23 percent reduction.
(e) By 2044, a 24 percent
			 reduction.
(f) By 2045, a 25
			 percent reduction.
(g) By 2046, a
			 26 percent reduction.
(h) By 2047,
			 a 27 percent reduction.
(i) By
			 2048, a 28 percent reduction.
(j)
			 By 2049, a 29 percent reduction.
(k) By 2050 and beyond, a 30 percent
			 reduction.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 44 - METROPOLITAN GREENHOUSE GAS REDUCTION TARGETS › Section 660-044-0030 - Methods for Estimating Greenhouse Gas Emissions and Emissions Reductions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicability: When local governments within a metropolitan area are conducting
			 land use and transportation planning to demonstrate that their plans would meet
			 the greenhouse gas emissions reductions targets established in this division,
			 then they shall use the provisions and options in this rule to project future
			 emissions.
(2) Vehicle Miles
			 Traveled: The greenhouse gas emissions reduction targets as provided in OAR
			 660-044-0020  and 660-044-0025  are the ratio of future year to base year vehicle
			 miles traveled per capita after controlling for the effects of state and
			 federal policies and other conditions on vehicles, fuels, and
			 pricing.
(3) Projected Emission
			 Rates: Projections of greenhouse gas emissions must use emission rates based on
			 the Statewide Transportation Strategy as adopted by the Oregon Transportation
			 Commission that reflect the reductions likely to result by the use of improved
			 vehicle technologies and fuels. Metropolitan area greenhouse gas target
			 modeling efforts must rely on emission rates agreed to by the Oregon Department
			 of Transportation and the department to ensure this compliance.
(4) Actions in the Statewide Transportation
			 Strategy as adopted by the Oregon Transportation Commission: Projections of
			 greenhouse gas emissions may assume state actions specified in subsection (a)
			 and may use the flexibility for local and regional actions described in
			 subsection (b).
(a) State Actions: Projections
			 of greenhouse gas emissions may include reductions projected to result from
			 state actions, programs, and associated interactions up to, but not exceeding,
			 the levels identified in the Statewide Transportation Strategy.
(b) Local and Regional Actions: Projections
			 of greenhouse gas emissions may include local or regional actions similar to
			 actions in the Statewide Transportation Strategy if the local or regional
			 governments have authority to adopt plans or policies that would implement the
			 actions. Local governments may use projections of greenhouse gas emissions that
			 are lower than the rates based on the Statewide Transportation Strategy if
			 local or regional programs or actions can be demonstrated to result in changes
			 to vehicle fleet, technologies, or fuels above and beyond the assumption in the
			 Statewide Transportation Strategy, or agreed to by the Oregon Department of
			 Transportation and the department. One example would be a program to add public
			 charging stations that is estimated to result in use of hybrid or electric
			 vehicles greater than the statewide assumption in the Statewide Transportation
			 Strategy.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 44 - METROPOLITAN GREENHOUSE GAS REDUCTION TARGETS › Section 660-044-0035 - Review and Evaluation of Greenhouse Gas Reduction Targets

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 commission shall by June 1, 2021, and at four-year intervals thereafter,
			 conduct a review of the greenhouse gas emissions reduction targets in OAR
			 660-044-0020  and 660-044-0025.
(2)
			 The review by the commission shall evaluate whether revisions to the targets
			 established in this division are warranted considering the following factors:
(a) Results of land use and transportation
			 scenario planning conducted within metropolitan planning areas to reduce
			 greenhouse gas emissions from light vehicles;
(b) New or revised federal and state laws or
			 programs established to reduce greenhouse gas emissions from light
			 vehicles;
(c) State plans or
			 policies establishing or allocating greenhouse gas emissions reduction goals to
			 specific sectors or subsectors;
(d)
			 Policies and recommendations in the Statewide Transportation Strategy adopted
			 by the Oregon Transportation Commission;
(e) Additional studies or analysis conducted
			 by the Oregon Department of Transportation, the Department of Environmental
			 Quality, the Oregon Department of Energy or other agencies regarding greenhouse
			 gas emissions from light vehicle travel, including but not limited to changes
			 to vehicle technologies, fuels and the vehicle fleet;
(f) Changes in population growth rates,
			 metropolitan planning area boundaries, land use or development patterns in
			 metropolitan planning areas that affect light vehicle travel;
(g) Efforts by local governments in
			 metropolitan areas to reduce greenhouse gas emissions from all
			 sources;
(h) Input from affected
			 local and regional governments and metropolitan planning
			 organizations;
(i) Land use
			 feasibility and economic studies regarding land use densities; and
(j) State funding and support for scenario
			 planning and public engagement.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 44 - METROPOLITAN GREENHOUSE GAS REDUCTION TARGETS › Section 660-044-0045 - Adoption of Regional Plans to Implement the Preferred Scenario

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within one
			 year of the commission's order approving Metro's amendments to the regional
			 framework plan to select, incorporate, or amend a preferred land use and
			 transportation scenario, Metro shall adopt regional functional plan amendments
			 to implement the framework plan amendments.
(2) Functional plan amendments shall
			 establish requirements, deadlines, and compliance procedures for amendments to
			 local comprehensive plans, transportation system plans, and land use
			 regulations as necessary to implement the framework plan amendments. The
			 functional plan amendments shall require affected cities and counties to adopt
			 implementing amendments to comprehensive plans and land use regulations within
			 two years of acknowledgement of Metro's functional plan amendments or by a
			 later date specified in the adopted functional plan.
(3) Functional plan amendments shall include
			 requirements that local governments amend local comprehensive plans,
			 transportation system plans, and land use regulations to:
(a) Use population, housing and employment
			 allocations to specific areas and land use design types that are consistent
			 with estimates in the framework plan including assumptions about densities,
			 infill, and redevelopment;
(b)
			 Apply comprehensive plan designations and zoning districts that are consistent
			 with land use design type, allowing uses and densities that are consistent with
			 land use design type and limiting uses that would be incompatible with the
			 design type specified in the preferred scenario; and,
(c) Include other provisions needed to
			 implement the amended framework plan.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 44 - METROPOLITAN GREENHOUSE GAS REDUCTION TARGETS › Section 660-044-0050 - Commission Review of Regional Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 commission shall review Metro's framework plan amendments adopting or amending
			 a preferred land use and transportation scenario and amendments to functional
			 plans to implement the framework plan amendments in the manner provided for
			 periodic review under ORS
			 197.628 to
			 197.650.
(2) The commission's review of framework plan
			 amendments adopting a preferred land use and transportation scenario shall
			 determine whether the preferred scenario can reasonably be expected to achieve
			 greenhouse gas emission reductions as set forth in the targets in OAR
			 660-044-0020, other requirements of this division, and any applicable statewide
			 planning goals.
(3) The
			 commission's review of amendments to functional plans shall determine whether
			 the adopted functional plans are consistent with and adequate to carry out
			 relevant portions of the framework plan amendments.
(4) The commission may conduct review of
			 Metro's framework plan amendments adopting a preferred scenario in conjunction
			 with review of an urban growth boundary amendment or an update to the regional
			 transportation system plan.
Statutory/Other Authority: ORS
				  197.040,
				  ORS
				  197.274(2)
				  & 2009 OL Ch. 865 §37(8) (HB 2001)
Statutes/Other Implemented: ORS
				  197.274(2)
				  & 2009 OL Ch. 865 §37(8) (HB
				  2001)
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 44 - METROPOLITAN GREENHOUSE GAS REDUCTION TARGETS › Section 660-044-0055 - Adoption of Local Plans to Implement the Preferred Scenario

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Local
			 governments shall amend comprehensive plans, land use regulations, and
			 transportation system plans to be consistent with and implement relevant
			 portions of the preferred land use and transportation scenario as set forth in
			 Metro's functional plans or amendments. "Consistent" for the purpose of this
			 section means city and county comprehensive plans and implementing ordinances,
			 on the whole, conforms with the purposes of the performance standards in the
			 functional plan and any failure to meet individual performance standard
			 requirements is technical or minor in nature.
(2) Beginning one year from Metro's adoption
			 or amendment of the preferred scenario, local governments in the Portland
			 metropolitan area shall, in updating or adopting an amendment to a
			 comprehensive plan or transportation system plan, demonstrate that the proposed
			 update or amendment is consistent with the preferred land use and
			 transportation scenario.
Statutory/Other Authority: ORS
				  197.040,
				  ORS
				  197.274(2)
				  & 2009 OL Ch. 865 §37(8) (HB 2001)
Statutes/Other Implemented: ORS
				  197.274(2)
				  & 2009 OL Ch. 865 §37(8) (HB
				  2001)
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 44 - METROPOLITAN GREENHOUSE GAS REDUCTION TARGETS › Section 660-044-0060 - Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Metro shall
			 prepare a report monitoring progress in implementing the preferred scenario
			 including status of performance measures and performance targets adopted as
			 part of the preferred scenario as part of regular updates to the Regional
			 Transportation Plan and preparation of Urban Growth Reports.
(2) Metro's report shall assess whether the
			 region is making satisfactory progress in implementing the preferred scenario;
			 identify reasons for lack of progress, and identify possible corrective actions
			 to make satisfactory progress. Metro may update and revise the preferred
			 scenario as necessary to ensure that performance targets are being
			 met.
(3) The commission shall
			 review the report and shall either find Metro is making satisfactory progress
			 or provide recommendations for corrective actions to be considered or
			 implemented by Metro prior to or as part of the next update of the preferred
			 scenario.
Statutory/Other Authority: ORS
				  197.040,
				  ORS
				  197.301,
				  ORS
				  197.274(2)
				  & 2009 OL Ch. 865 § 37(8) (HB 2001)
Statutes/Other Implemented: ORS
				  197.301  & 2009 OL Ch. 865 § 37(8) (HB
				  2001)
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 44 - METROPOLITAN GREENHOUSE GAS REDUCTION TARGETS › Section 660-044-0100 - Scenario Planning Work Programs

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division, a work program must include:
(1) A proposed governance structure for
			 regional cooperation: a proposed mechanism for regional cooperation. The
			 governance structure may be an existing metropolitan planning organization, a
			 new regional inter-governmental entity, an intergovernmental agreement for
			 collaboration among local governments, or other mechanism. The governance
			 structure must describe how the entity or entities will make decisions and
			 complete tasks. The governance structure must, at a minimum, include cities and
			 counties and describe how transit providers will be involved in the planning
			 process.
(2) A scope of work: A
			 proposed list of tasks to develop scenarios, analyze scenarios, select a
			 preferred scenario, assemble a land use and transportation scenario plan, and
			 amend local plans and ordinances consistent with the land use and
			 transportation scenario plan.
(3) A
			 community engagement plan: A community engagement plan with a focus on outreach
			 to and inclusion of underserved populations including community-based
			 conversations.
(4) A funding
			 estimate: A general estimate of needs for each city and county to adopt local
			 amendments to implement the selected scenario. The funding estimate must
			 include a schedule of requested amounts in current and future budget
			 periods.
(5) A schedule: The work
			 program must include a proposed schedule for submitting the land use and
			 transportation scenario plan and for adopting local amendments to implement the
			 approved preferred land use and transportation scenario.
(6) Cities and counties may submit a proposed
			 work program to the department with alternative deadlines to those found in OAR
			 660-044-0015.
(7) The department
			 shall consult with the Oregon Department of Transportation to review the
			 proposed work program. The director may approve the work program or refer the
			 work program to the commission with recommended revisions.
(8) If the director refers a proposed work
			 program to the commission under section (7), the commission shall hold a
			 hearing to review the proposed work program and the recommended revisions. The
			 commission may approve the work program or remand the work program with
			 required revisions.
Statutory/Other Authority: ORS
				  197.040
Statutes/Other Implemented: ORS
				  184.899,
				  ORS
				  197.012  & ORS
				  468A.205
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 44 - METROPOLITAN GREENHOUSE GAS REDUCTION TARGETS › Section 660-044-0110 - Land Use and Transportation Scenario Plan Contents

Current through Register Vol. 63, No. 7, July 1, 2024
A land use and transportation scenario plan must
				include:
(1) A planning period of at
			 least 20 years in the future.
(2)
			 An assessment of the housing and transportation needs of underserved
			 populations;
(3) Policies and
			 strategies intended to achieve the applicable greenhouse gas emissions
			 reduction target in OAR 660-044-0025.
(4) Planning assumptions used to develop the
			 scenario including:
(a) Regionally significant
			 projects reasonably likely to be funded through the planning period;
(b) Regionally significant projects that
			 would require additional funding;
(c) General estimates of the amount of
			 additional funding required; and
(d) Potential sources of additional
			 funding.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 44 - METROPOLITAN GREENHOUSE GAS REDUCTION TARGETS › Section 660-044-0120 - Commission Review of a Land Use and Transportation Scenario Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Cities and
			 counties shall submit a land use and transportation scenario plan to the
			 director.
(2) Upon receipt of a
			 land use and transportation scenario plan, the director shall determine whether
			 the submittal is complete based on the applicable criteria in this division.
(a) If there is any missing information, the
			 director must inform the cities and counties with sufficient specificity to
			 allow the cities and counties to provide missing information.
(A) The cities and counties must supply
			 additional information within 30 days of the director's notification. If the
			 cities and counties do not supply additional information, the director shall
			 review the original submission as provided in subsection (b).
(B) If the director does not send a notice of
			 missing information within 30 days of submittal, the submittal shall be deemed
			 complete.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 44 - METROPOLITAN GREENHOUSE GAS REDUCTION TARGETS › Section 660-044-0130 - Local Amendments to Implement Approved Land Use and Transportation Scenario Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Local
			 governments shall amend comprehensive plans, land use regulations, and
			 transportation system plans to be consistent with and implement relevant
			 portions of the land use and transportation scenario plan approved by an order
			 under OAR 660-044-0120. "Consistent" for the purpose of this rule means city
			 and county comprehensive plans and implementing ordinances, on the whole,
			 conform to the purposes of the performance standards in the approved land use
			 and transportation scenario plan.
(2) Cities and counties with an approved land
			 use and transportation scenario plan under OAR 660-044-0120  may only adopt
			 amendments to a comprehensive plan, land use regulation, or transportation
			 system plan that are consistent with the approved land use and transportation
			 scenario plan.
Statutory/Other Authority: ORS
				  197.040
Statutes/Other Implemented: ORS
				  184.899,
				  ORS
				  197.012,
				  ORS
				  197.615  & ORS
				  468A.205
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this division is to establish uniform procedures
				for citizen-initiated enforcement orders, as provided in ORS
				197.319 to
				197.335 and
				197.646.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.319 - ORS
				  197.335 & ORS
				  197.646
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0010 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 660-045-0000, -0030 to -0090, and -0160 apply only to
				enforcement orders requested by a citizen petition in accordance with ORS
				197.319; they do not apply to
				enforcement orders initiated by the Land Conservation and Development
				Commission in accordance with ORS
				197.324(1). OAR
				660-045-0020  (definitions), 660-045-0100  to -0150 (on contested-case hearings),
				and 660-045-0170  to -0180 (on terminating enforcement orders) apply to all
				types of enforcement orders.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.319 - ORS
				  197.335 & ORS
				  197.646
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0030 - Petitioning for Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A person may petition the commission for an enforcement order against a local
			 government or special district in accordance with ORS
			 197.319 to
			 197.335 and
			 197.646.
(2) A person petitioning for enforcement
			 shall do so in accordance with the requirements of ORS
			 197.319 to
			 197.335 and this
			 division.
(3) The commission may
			 dismiss any petition for enforcement not conducted in accordance with ORS
			 197.319 to
			 197.335 and this
			 division.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.319 - ORS
				  197.335 & ORS
				  197.646
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0040 - The Citizen's Request to the Affected Local Government or District

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 requester seeks to initiate enforcement proceedings against an affected local
			 government or district, the requester first must notify that government or
			 district by mailing a copy of the request to it. If the request for enforcement
			 is directed toward a local government, the requester must notify both the
			 governing body and the legal counsel of that local government.
(2) The citizen's request shall be in the
			 form of a letter containing the following information:
(a) The name, address, and telephone number
			 of the requester;
(b) The name,
			 address, and telephone number of the attorney, if any, who will represent the
			 requester;
(c) The name and address
			 of the affected local government or district;
(d) A clear statement of the requester's
			 intent to
"petition the Land Conservation and Development Commission
			 for an enforcement order pursuant to
ORS
			 197
.319 to
			 197.335"
;
(e) The subsection of the statute on which
			 the petition will be based (ORS
			 197.320(1) to
			 ORS 197.320(10) or
			 ORS 197.646(3));
			 and
(f) A statement of facts that
			 establish a basis for seeking enforcement and for invoking the subsection of
			 ORS 197.320 or ORS
			 197.646 cited by the
			 requester.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0050 - The Local Government or Special District's Response to a Citizen's Request

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 affected local government or district that receives a citizen's request for
			 enforcement shall mail the requester a response within 60 days of the date on
			 which the request was mailed.
(2)
			 The response shall contain either of the following:
(a) A statement that the affected local
			 government or district will take corrective action in response to the request
			 and a description of what that action will be; or
(b) A statement that the affected local
			 government or district will not take corrective action and an explanation of
			 its reasons for taking no action.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0060 - Petitioning the Commission to Initiate Enforcement Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A petition for
			 enforcement shall be in the form of a letter to the commission and shall
			 contain these three items:
(a) A request for
			 the commission to adopt an enforcement order to secure the corrective action
			 sought in the citizen's initial request to the affected local government or
			 district;
(b) An explanation of why
			 the affected local government or district's response to the request is not
			 adequate, or a statement that the affected local government or district failed
			 to respond; and
(c) A statement of
			 consequences likely to result from the affected local government or district's
			 refusal to take adequate corrective action.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0070 - The Department's Receipt and Initial Review of a Petition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department
			 shall record the petition's arrival and review it for completeness and
			 compliance with ORS 197.319 and OAR 660-045-0040  to
			 -0060.
(2) If the petition is
			 incomplete, the department may, at its discretion, request additional
			 information from the requester, add such information to the petition, and then
			 accept the petition.
(3) If the
			 petition (including any information added under the provisions of Section 2)
			 fails to meet the requirements of ORS
			 197.319 to ORS
			 197.324 and this division in a
			 way that substantially prejudices the affected local government or district or
			 is materially deficient, the department shall reject the petition.
(4) If the department rejects the petition,
			 the commission shall not consider the petition.
(5) If the department rejects the petition,
			 the department shall notify the requester and the affected local government or
			 district of the rejection. The notice of rejection must describe the reasons
			 for the petition's being rejected.
(6) If the petition fully meets the
			 requirements of ORS 197.319 to ORS
			 197.324 and this division, or if
			 it does not fail to meet them in a way that substantially prejudices the
			 affected local government or district or is materially deficient, the
			 department shall accept the petition.
(7) If the department accepts the petition,
			 the department shall notify the requester and the affected local government or
			 district of the acceptance.
Stat. Auth.: ORS 183 & 197
Stats. Implemented: ORS
				  197.319 -
				  197.335 &
				  197.646
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0080 - The Department's Actions After Accepting a Petition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 department accepts a petition, the department shall evaluate the alleged
			 noncompliance and prepare recommendations to the commission.
(2) In evaluating the alleged noncompliance,
			 the department shall consider these three matters and any others it deems
			 relevant:
(a) The noncompliance specified in
			 the citizen's request to the affected local government or district;
(b) The affected local government or
			 district's response to the request;
(c) Facts known to the department or
			 ascertained by its investigation.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0090 - The Commission's Determination of Good Cause to Proceed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission
			 shall conduct a public hearing to determine whether there is good cause to
			 proceed to a contested-case hearing.
(2) Only the department and parties to the
			 proceeding may present testimony during the good-cause hearing described in
			 Section 1.
(3) The commission may
			 set limits on the time allowed for testimony at the good-cause
			 hearing.
(4) A requester who
			 alleges a pattern or practice of noncompliant decision making may present as
			 evidence of good cause to proceed recent examples of noncompliant decisions
			 made after the requester notified the affected local government or district of
			 the requester's intent to petition for enforcement.
(5) In deciding whether there is good cause
			 to proceed, the commission shall consider the following:
(a) The department's
			 recommendation;
(b) The requester's
			 petition;
(c) The citizen's request
			 notice to the affected local government or district;
(d) The affected local government or
			 district's response to the citizen's request;
(e) Related facts known to or ascertained by
			 the commission; and
(f) Any
			 testimony from parties to the enforcement proceeding.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0100 - Arranging the Contested-Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A contested-case hearing on a petition
			 for enforcement shall be conducted before a hearings officer appointed by the
			 commission, unless the commission decides to conduct the hearing
			 itself.
(2) When a hearings officer
			 conducts a hearing, the commission shall delegate all its authority regarding
			 the contested case to the hearings officer, except for its authority to act on
			 the hearing officer's proposed order.
(3) If the commission decides to have a
			 hearings officer conduct the hearing, the hearings officer shall set a date for
			 that hearing. The act of setting such a date must be done within 45 days of the
			 date when the petition was received by the department.
(4) If the commission decides that it will
			 conduct the hearing itself, the department shall set a date for that hearing.
			 The act of setting such a date must be done within 45 days of the date when the
			 petition was received by the department.
(5) The commission may delegate to the
			 department the responsibility for appointing a hearings officer.
(6) The department shall appoint a hearings
			 officer to preside over pre-hearing matters, including, but not limited to,
			 notice, party and limited party status, discovery, and pre-hearing
			 conferences.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.319, ORS
				  197.320, ORS
				  197.324 & ORS
				  197.646
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0110 - Notice of the Contested-Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department or hearings officer must
			 mail notice of the contested-case hearing to the requester, affected local
			 government or district, mediator (if any), and any other person who has
			 requested notice.
(2) The notice
			 required in Section 1 shall contain the following:
(a) The date, time, and place of the
			 hearing;
(b) A statement of the
			 authority under which the hearing is to be held;
(c) A reference to the specific provisions of
			 the statutes and rules involved;
(d) A short, plain statement of the matters
			 asserted or charged;
(e) A
			 statement that, pursuant to ORS
			 183.457, parties and limited
			 parties to the proceedings may be represented by an attorney or an authorized
			 representative, subject to the other requirements of ORS
			 183.457 and OAR
			 137-003-0008;
(f) A statement that
			 the record of the proceeding to date, including information in the agency file
			 or files on the subject of the contested case, will automatically become part
			 of the contested-case record upon default for the purpose of proving a prima
			 facie case (per OAR 137-003-0001(1)(a));
(g) A statement containing the following
			 information about mediation:
(A) That
			 mediation is available as an alternative to a contested-case hearing, if
			 requested by both the requester and the affected local government or
			 district;
(B) That DLCD will
			 provide mediation services;
(C)
			 That choosing to enter into mediation will not affect one's right to a
			 contested-case hearing if the matter is not resolved through
			 mediation;
(D) The date by which
			 both parties must request mediation.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0120 - Participation of Parties or Limited Parties in the Contested-Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Persons
			 interested in the enforcement proceeding may request status as a party or
			 limited party in accordance with OAR 137-003-0005  ("Participation as a Party or
			 Limited Party"). Any such request must be filed with the department at least 21
			 days before the date of the contested case hearing. The department shall
			 respond to such requests as is specified in OAR 137-003-0005.
(2) In accordance with OAR 137-003-0007  ("Agency Participation as Interested Agency or Party"), the department may
			 designate another agency as an interested agency or party.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.319 - ORS
				  197.335 & ORS
				  197.646
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0130 - The Contested-Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The contested-case hearing shall be
			 conducted in accordance with ORS
			 183.413 to
			 183.470 ("Contested Cases"). The
			 hearing also shall be conducted in accordance with the provisions of OAR
			 Chapter 137, Division 3,
Contested Case Proceedings
. However,
			 some provisions of OAR Chapter 137, Division 3, have been modified by
			 commission rules pursuant to OAR Chapter 660, Division 3, or by this division.
			 In such cases, the commission rules and this division shall apply.
(2) Before the hearing begins, the commission
			 or hearings officer shall inform all parties of certain rights, issues, and
			 procedures as required by subsections (2) to (4) of ORS
			 183.413 and ORS
			 183.415(7).
(3) The commission or hearings officer may
			 conduct a prehearing conference, in conformance with OAR 137-003-0035  ("Prehearing Conferences").
(4) As
			 specified in OAR 660-001-0005(2), parties to the contested-case hearing may be
			 represented in three ways:
(a) A party may
			 represent itself.
(b) A party may
			 be represented by an attorney.
(c)
			 Certain parties may be represented by an authorized representative who is not
			 an attorney.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0140 - Procedures After a Hearing Conducted by a Hearings Officer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a hearings
			 officer conducts the contested-case hearing, the hearings officer shall
			 complete the following actions within 30 days of the date when the record
			 closed:
(a) Write a proposed order pursuant
			 to ORS 197.328(3) and
			 complying with ORS 197.335;
(b) Send the proposed order to the
			 commission.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0150 - Procedures After a Hearing Conducted by the Commission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the commission conducts the
			 contested-case hearing, the commission shall adopt a final order within 30 days
			 of the date when the record closed. The commission may adopt a final order on
			 the same day that it conducts the contested-case hearing, or it may adopt a
			 final order at a subsequent meeting within 30 days of the hearing.
(2) The final order shall include findings of
			 fact and conclusions of law as specified in ORS
			 197.335. The final order shall
			 meet the requirements of OAR 137-003-0070, "Final Orders in Contested
			 Cases."
(3) The commission shall
			 adopt its final order within 120 days of the date on which the requester filed
			 its petition for enforcement with the commission.
(4) Within five days of the commission's
			 adoption of the final order, the department shall mail to all parties a copy of
			 that order and its findings and conclusions.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.319 - ORS
				  197.335 & ORS
				  197.646
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0160 - Mediation and Settlement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 During the 60-day period specified in OAR 660-045-0050(1), the requester or the
			 affected local government or district may request mediation services from the
			 department. The department may provide such services. If the requester and the
			 affected local government or district jointly request such services, the
			 department must provide them, pursuant to ORS
			 197.319(2)(b).
(2) A proceeding under this division may be
			 delayed at any time to allow for mediation if both the requester and the
			 affected local government or district agree to enter into such mediation. If
			 either party withdraws from such mediation, the proceeding toward enforcement
			 shall be resumed.
(3) A proceeding
			 under this division may be stopped at any time and disposed of through
			 stipulation, agreed settlement, consent order, or default. A stipulation,
			 agreed settlement, or consent order must be in writing and must be signed by
			 both the requester and the affected local government or district.
(4) A deadline set forth in this division may
			 be altered or waived under these two conditions:
(a) The requester and the affected local
			 government or district both agree to such a change before the deadline is
			 reached; and
(b) The commission or
			 hearings officer approves of such a change before the deadline is
			 reached.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0170 - Terminating an Enforcement Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission shall terminate an
			 enforcement order if the commission finds that any one of these conditions
			 exists:
(a) The affected local government or
			 district has complied with the requirements of the order;
(b) A substantial change in circumstances has
			 eliminated the need for corrective action of the type required by the order;
			 or
(c) A change in the applicable
			 laws has rendered the enforcement order moot or has eliminated the need for
			 corrective action of the type required by the order.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS › Section 660-045-0180 - Requests for Terminating an Enforcement Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A party requesting termination of an
			 enforcement order shall mail its request to the commission. On the same day
			 that it mails its request to the commission, the party shall mail copies of the
			 request to all other persons who were parties to the enforcement
			 proceeding.
(2) A request to
			 terminate an enforcement order shall be in the form of a letter containing the
			 following items:
(a) A statement asking that
			 the commission terminate the enforcement order;
(b) Citation to the subsection of OAR
			 660-045-0170(1)  on which the request for termination is based;
(c) A description of how the affected local
			 government or district's corrective action, a substantial change of
			 circumstances, or a change in the applicable laws justifies termination of the
			 order;
(d) Documentation of the
			 corrective action, substantial change of circumstances, or change in the
			 applicable laws that justifies termination of the order.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this division is to prescribe standards guiding
				the development of Middle Housing types as provided in Oregon Laws 2019,
				chapter 639. OAR 660-046-0010  to OAR 660-046-0235  establish standards related
				to the siting and design of Middle Housing types in urban growth boundaries.
				OAR 660-046-0300  to OAR 660-046-0370  establish the form and substance of an
				application and the review process to delay the enactment of standards related
				to the siting and design of Middle Housing types in areas with significant
				infrastructure deficiencies.
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 660-046-0010 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A local
			 government that is a Medium City or Large City must comply with this
			 division.
(2) Notwithstanding
			 section (1), a Medium or Large City need not comply with this division for:
(a) Lots or Parcels that are not zoned for
			 residential use, including but not limited to Lots or Parcels zoned primarily
			 for commercial, industrial, agricultural, or public uses;
(b) Lots or Parcels that are Zoned For
			 Residential Use but do not allow for the development of a detached
			 single-family dwelling; and
(c)
			 Lots or Parcels that are not incorporated and that are zoned under an interim
			 zoning designation that maintains the land's potential for planned urban
			 development.