Chapter 527 Oregon Laws 2001
AN ACT
SB 417
Relating to deadlines for
periodic review; creating new provisions; and amending ORS 197.629, 197.633 and
197.636.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 197.633 is amended to read:
197.633. (1) The periodic review process is divided into
two phases. Phase one is the evaluation of the existing comprehensive plan,
land use regulations and citizen involvement program and, if necessary, the
development of a work program to make needed changes to the comprehensive plan
or land use regulations. Phase two is the completion of work tasks outlined in
the work program.
(2) The Land Conservation and Development Commission shall
adopt rules for conducting periodic review. The rules shall provide a process
for:
(a) Initiating periodic review;
(b) Citizen participation;
(c) The participation of state agencies;
(d) The preparation, review and approval of an evaluation
of a comprehensive plan and land use regulations;
(e) Review of a work program; and
(f) Review of completed work tasks.
(3)(a) A
decision by the Director of the Department of Land Conservation and Development
to approve a work program or a work task, that no work program is necessary or
that no further work is necessary, may be appealed to the commission or
referred to the commission by the director. Except as provided in paragraph (b) of this subsection, the
commission shall take action on the appeal or referral within 90 days of the
appeal or referral. Action by the commission in response to an appeal from a
decision of the director is a final order subject to judicial review in the
manner provided in ORS 197.650.
(b) The commission
may extend the time in paragraph (a) of this subsection for taking action on
the appeal or referral if the commission finds that:
(A) The appeal or
referral is appropriate for mediation; or
(B) The appeal or
referral raises new or complex issues of fact or law that make it unreasonable
for the commission to give adequate consideration to the issues within the
90-day limit.
(4) The commission and a local government shall attempt to
complete periodic review within three years after approval of a work program.
In order to promote the timely completion of periodic review, the commission
shall establish a system of incentives to encourage local government compliance
with timelines in periodic review work programs.
SECTION 2.
ORS 197.636 is amended to read:
197.636. (1) Upon good cause shown by a local government,
the Director of the Department of Land Conservation and Development may allow
the local government an extension of time for submitting a work program or
completing a work task. A decision by the director to grant or deny an
extension may be appealed to the Land Conservation and Development Commission
or may be referred to the commission by the director. The Department of Land
Conservation and Development or the commission shall not extend the deadline
for submitting a work program more than once nor for more than 90 days, and
shall not extend the deadline for a work task more than once nor for more than
[180 days] one year.
(2) If a local government fails to submit a work program or
to complete a work task by the deadline set by the director or the commission,
including any extension that has been granted, the director shall schedule a
hearing before the commission. The commission shall issue an order imposing one
or more of the following sanctions until the [local government submits its work program or completes any required
work task] work program or the work
task receives final approval by the director or the commission:
(a) Require the local government to apply those portions of
the goals and rules to land use decisions as specified in the order. Sanctions
may be imposed under this paragraph only when necessary to resolve a specific
deficiency identified in the order.
(b) Forfeiture of all or a portion of the grant money
received to conduct the review, develop the work program or complete the work
task.
(c) Completion of the work program or work task by the
department. The commission may require the local government to pay the cost for
completion of work performed by the department, following the withholding
process set forth in ORS 197.335 (4).
(d) Application of such interim measures as the commission
deems necessary to ensure compliance with the statewide planning goals.
(3) If the
department receives a work program or work task completed in response to a
commission order issued under subsection (2) of this section, the director
shall evaluate and issue a decision on the work program or work task within 90
days.
[(3)] (4) Commission action pursuant to
subsection (1) or (2) of this section is a final order subject to judicial
review in the manner provided in ORS 197.650.
SECTION 3.
ORS 197.629 is amended to read:
197.629. (1) The Land Conservation and Development
Commission shall establish and maintain a schedule for periodic review of
comprehensive plans and land use regulations. Except as necessary to coordinate
approved periodic review work programs and to account for special circumstances
that from time to time arise, the schedule shall reflect the following
timelines:
(a) A city with a population of less than 2,500 within its
urban growth boundary shall not be required to conduct periodic review unless
the city lies close enough to another city that has a population of 25,000 or
more within its urban growth boundary that the smaller city is significantly
affected by needed housing, employment, transportation or public facility and
services decisions made by the larger city;
(b) Except as provided in subsection (2) of this section, a
county with a population of less than 15,000 shall not be required to conduct
periodic review;
(c) A county with a population of 15,000 or more but less
than 50,000, or a city with a population of 2,500 or more but less than 25,000
inside its urban growth boundary, shall conduct periodic review every 5 to 15
years after completion of the previous periodic review; and
(d) A county with a population of 50,000 or more, or a
metropolitan service district or a city with a population of 25,000 or more
inside its urban growth boundary, shall conduct periodic review every 5 to 10
years after completion of the previous periodic review.
(2) A county with a portion of its population within the
urban growth boundary of a city subject to periodic review under this section
shall conduct periodic review for that portion of the county according to the
schedule and work program set for the city.
(3) Notwithstanding
subsection (2) of this section, if the schedule set for the county is specific
as to that portion of the county within the urban growth boundary of a city
subject to periodic review under this section, the county shall conduct periodic
review for that portion of the county according to the schedule and work
program set for the county.
[(3)] (4) The Land Conservation and
Development Commission may schedule periodic review for a local government
earlier than provided in subsection (1) of this section if necessary to ensure
that all local governments in a region whose land use decisions would significantly
affect other local governments in the region are conducting periodic review
concurrently.
[(4)] (5) A city or county that is exempt
from periodic review under subsection (1)(a) or (b) of this section may request
periodic review by the commission.
SECTION 4.
The amendments to ORS 197.629, 197.633
and 197.636 by sections 1 to 3 of this 2001 Act apply to a periodic review that
has not been completed or is initiated on or after the effective date of this
2001 Act.
Approved by the Governor
June 22, 2001
Filed in the office of
Secretary of State June 25, 2001
Effective date January 1,
2002
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