71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2370
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee for Oregon State Bar)
CHAPTER ................
AN ACT
Relating to statutory series references to land use statutes;
creating new provisions; and amending ORS 197.050, 197.540,
197.626, 197.656, 215.233, 215.273, 215.304, 215.306, 215.311,
215.402, 222.230, 222.240, 268.380 and 466.385.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + ORS 197.629, 197.631, 197.637 and 197.638 are
added to and made a part of ORS 197.628 to 197.650. + }
SECTION 2. { + ORS 197.628 to 197.650 are added to and made a
part of ORS 197.610 to 197.638. + }
SECTION 3. { + ORS 197.736 and 197.763 are added to and made a
part of ORS chapter 197. + }
SECTION 4. { + ORS 197.828 and 197.829 are added to and made a
part of ORS 197.805 to 197.855. + }
SECTION 5. ORS 197.050 is amended to read:
197.050. Except as provided in ORS 196.150 and 196.155, if an
interstate land conservation and development planning agency is
created by an interstate agreement or compact entered into by
this state, the Land Conservation and Development Commission
shall perform the functions of this state with respect to the
agreement or compact. If the functions of the interstate planning
agency duplicate any of the functions of the commission under ORS
195.020 to 195.040, { - 197.005 to 197.467, 197.610 to
197.638 - } { + ORS chapter 197 + } and { + ORS + } 469.350,
the commission may:
(1) Negotiate with the interstate agency in defining the areas
of responsibility of the commission and the interstate planning
agency; and
(2) Cooperate with the interstate planning agency in the
performance of its functions.
SECTION 6. ORS 222.230 is amended to read:
222.230. (1) Before circulating a petition to create a city
from adjoining or nonadjoining cities or unincorporated
territory, the petitioners shall file with the county clerk of
the county in which the proposed city lies or, should it lie in
more than one county, to the county clerk of the county in which
the largest part of its territory lies, a petition for
consolidation in a form prescribed by rule of the Secretary of
State. If the economic feasibility statement required by ORS
222.225 is submitted with the petition, the county clerk shall
immediately date and time stamp the prospective petition and
Enrolled House Bill 2370 (HB 2370-INTRO) Page 1
shall authorize the circulation of the petition. The county clerk
shall retain the prospective petition and economic feasibility
statement and shall immediately send a copy of the prospective
petition to each city included in the proposed consolidation.
(2) The petition shall be addressed to the governing bodies of
the cities to be included in the proposed city. The petition
shall state the name of the city, which may be, but need not be,
the name of any of the cities to be included in the city. If it
is proposed to include one or more unincorporated areas, the
petition shall describe the boundaries of each of them, in
addition to designating the incorporated cities to be included in
the proposed city. The petition may be filed in the office of the
clerk or recorder of any of the cities to be included in the
proposed city. However, a petition shall not be accepted for
filing unless all the signatures on the petition were obtained
within the one-year period immediately following the date on
which the petition was filed under subsection (1) of this
section.
(3) The petition shall state the proposed permanent rate limit
for operating taxes for the city that is to be created. The
proposed permanent rate limit shall be the rate that would
produce the same tax revenue as the existing city or cities would
have cumulatively produced within the city or cities' territorial
boundaries were the consolidation not to take effect, and not
taking into account any applicable statutory rate limit on
operating taxes.
(4) When a petition to create a city pursuant to ORS 222.210 to
222.310 contains the required number of signatures and has been
so filed, the governing bodies of the cities to be included in
the proposed city shall meet in joint convention at the usual
place of meeting of the governing body of that one of the cities
having the largest population as shown by the last federal
census, as soon after the filing of the petition as is
convenient, but not more than 20 days after the filing of the
petition. At that meeting the governing bodies shall examine the
petition and determine:
(a) Whether it is in proper form and contains the required
number of qualified signers; and
(b) Whether the incorporation of the consolidated city proposed
in the petition complies with goals adopted under ORS
{ - 195.020 to 195.040 and 197.005 to 197.467 - } { +
chapters 195, 196 and 197 + }.
SECTION 7. ORS 222.240 is amended to read:
222.240. If the governing bodies find that the petition is in
proper form, contains the required signatures and proposes an
incorporation that complies with goals adopted under ORS
{ - 195.020 to 195.040 and 197.005 to 197.467 - } { + chapters
195, 196 and 197 + }, the governing body of each of the cities to
be included in the proposed city shall approve the petition and
appoint two residents of each of the cities as the members of a
charter commission to prepare a charter for the proposed city to
be submitted to the electors for approval or rejection at the
same election at which is submitted the question of the creation
of the proposed city. The charter commission may employ at the
expense of the cities such legal and other assistance as it
considers advisable to assist it in the preparation of the
charter or the performance of its duties, and the expense shall
be equally borne by the cities. If the petitions provide that
one or more unincorporated areas shall be included in the
proposed city, the governing body of the county within which the
Enrolled House Bill 2370 (HB 2370-INTRO) Page 2
largest portion of all such areas lies shall appoint to the
charter commission two electors residing in those areas. After
the commission is selected, it shall prepare a charter for the
proposed city within 60 days after the commission has been
appointed.
SECTION 8. ORS 268.380 is amended to read:
268.380. (1) A district may:
(a) Adopt land-use planning goals and objectives for the
district consistent with goals adopted under ORS { - 195.020 to
195.040 and 197.005 to 197.467 - } { + chapters 195, 196 and
197 + };
(b) Review the comprehensive plans in effect on January 1,
1979, or subsequently adopted by the cities and counties within
the district and recommend that cities and counties, as the
district considers necessary, make changes in any plan to ensure
that the plan conforms to the district's metropolitan area goals
and objectives and the statewide goals;
(c) Coordinate the land-use planning activities of that portion
of the cities and counties within the district; and
(d) Coordinate its activities and the related activities of the
cities and counties within the district with the land-use
planning development activities of the federal government, other
local governmental bodies situated within this state or within
any other state and any agency of this state or another state.
(2) When a district is required by a district charter to adopt
a regional framework plan, the regional framework plan shall
include and be consistent with land use planning goals and
objectives adopted by the district.
SECTION 9. ORS 197.540 is amended to read:
197.540. (1) In the manner provided in ORS 197.830 to 197.845,
the Land Use Board of Appeals shall review upon petition by a
county, city or special district governing body or state agency
or a person or group of persons whose interests are substantially
affected, any moratorium on construction or land development or a
corrective program alleged to have been adopted in violation of
the provisions of ORS 197.505 to { - 197.530 - } { +
197.540 + }.
(2) If the board determines that a moratorium or corrective
program was not adopted in compliance with the provisions of ORS
197.505 to { - 197.530 - } { + 197.540 + }, the board shall
issue an order invalidating the moratorium.
(3) All review proceedings conducted by the Land Use Board of
Appeals under subsection (1) of this section shall be based on
the administrative record, if any, that is the subject of the
review proceeding. The board shall not substitute its judgment
for a finding solely of fact for which there is substantial
evidence in the whole record.
(4) Notwithstanding any provision of ORS chapters 195, 196 and
197 to the contrary, the sole standard of review of a moratorium
on construction or land development or a corrective program is
under the provisions of this section, and such a moratorium shall
not be reviewed for compliance with the statewide planning goals
adopted under ORS chapters 195, 196 and 197.
(5) The review of a moratorium on construction or land
development under subsection (1) of this section shall be the
sole authority for review of such a moratorium, and there shall
be no authority for review in the circuit courts of this state.
SECTION 10. ORS 197.626 is amended to read:
197.626. A city with a population of 2,500 or more within its
urban growth boundary that amends the urban growth boundary to
Enrolled House Bill 2370 (HB 2370-INTRO) Page 3
include more than 50 acres or that designates urban reserve areas
under ORS 195.145 shall submit the amendment or designation to
the Land Conservation and Development Commission in the manner
provided for periodic review under ORS 197.628 to
{ - 197.644 - } { + 197.650 + }.
SECTION 11. ORS 197.656 is amended to read:
197.656. (1) Upon invitation by the local governments in a
region, the Land Conservation and Development Commission and
other state agencies may participate with the local governments
in a collaborative regional problem-solving process.
(2) Following the procedures set forth in this subsection, the
commission may acknowledge amendments to comprehensive plans and
land use regulations, or new land use regulations, that do not
fully comply with the rules of the commission that implement the
statewide planning goals, without taking an exception, upon a
determination that:
(a) The amendments or new provisions are based upon agreements
reached by all local participants, the commission and other
participating state agencies, in the collaborative regional
problem-solving process;
(b) The regional problem-solving process has included agreement
among the participants on:
(A) Regional goals for resolution of each regional problem that
is the subject of the process;
(B) Optional techniques to achieve the goals for each regional
problem that is the subject of the process;
(C) Measurable indicators of performance toward achievement of
the goals for each regional problem that is the subject of the
process;
(D) A system of incentives and disincentives to encourage
successful implementation of the techniques chosen by the
participants to achieve the goals;
(E) A system for monitoring progress toward achievement of the
goals; and
(F) A process for correction of the techniques if monitoring
indicates that the techniques are not achieving the goals; and
(c) The agreement reached by regional problem-solving process
participants and the implementing plan amendments and land use
regulations conform, on the whole, with the purposes of the
statewide planning goals.
(3) A local government that amends an acknowledged
comprehensive plan or land use regulation or adopts a new land
use regulation in order to implement an agreement reached in a
regional problem-solving process shall submit the amendment or
new regulation to the commission in the manner set forth in ORS
197.628 to { - 197.644 - } { + 197.650 + } for periodic
review or set forth in ORS 197.251 for acknowledgment.
(4) The commission shall have exclusive jurisdiction for review
of amendments or new regulations described in subsection (3) of
this section. A participant or stakeholder in the collaborative
regional problem-solving process shall not raise an issue before
the commission on review that was not raised at the local level.
(5) If the commission denies an amendment or new regulation
submitted pursuant to subsection (3) of this section, the
commission shall issue a written statement describing the reasons
for the denial and suggesting alternative methods for
accomplishing the goals on a timely basis.
(6) If, in order to resolve regional land use problems, the
participants in a collaborative regional problem-solving process
decide to devote agricultural land or forestland, as defined in
Enrolled House Bill 2370 (HB 2370-INTRO) Page 4
the statewide planning goals, to uses not authorized by those
goals, the participants shall choose land that is not part of the
region's commercial agricultural or forestland base, or take an
exception to those goals pursuant to ORS 197.732. To identify
land that is not part of the region's commercial agricultural or
forestland base, the participants shall consider the
recommendation of a committee of persons appointed by the
affected county, with expertise in appropriate fields, including
but not limited to farmers, ranchers, foresters and soils
scientists and representatives of the State Department of
Agriculture, the State Department of Forestry and the Department
of Land Conservation and Development.
(7) The Governor shall require all appropriate state agencies
to participate in the collaborative regional problem-solving
process.
SECTION 12. ORS 466.385 is amended to read:
466.385. (1) By the first periodic review after development of
model language under subsection (2) of this section, the
governing body of a city or county shall amend its comprehensive
plan and land use regulations as provided in ORS 197.610
{ - and 197.628 - } to 197.650 to establish and implement
policies regarding potentially hazardous environmental conditions
on sites listed under ORS 466.365. The land use regulations shall
provide that:
(a) The city or county shall not approve any proposed use of a
disposal site for which the city or county has received notice
under ORS 466.370 until the Department of Environmental Quality
has been notified and provided the city or county with comments
on the proposed use; and
(b) Within 120 days of receipt of an environmental hazard
notice from the Department of Environmental Quality, the city or
county shall amend its zoning maps to identify the disposal site.
(2) The Department of Environmental Quality and the Department
of Land Conservation and Development shall:
(a) Develop model language for comprehensive plans and land use
regulations for use by cities and counties in complying with this
section; and
(b) Provide technical assistance to cities and counties in
complying with ORS 466.360 to 466.385.
(3) The Department of Environmental Quality may appeal to the
Land Use Board of Appeals any final land use decision or limited
land use decision made by a city or county regarding any proposed
use of a disposal site that has been identified under its
comprehensive plan and land use regulations pursuant to this
section.
SECTION 13. { + ORS 215.452, 215.455 and 215.800 to 215.808
are added to and made a part of ORS chapter 215. + }
SECTION 14. { + ORS 215.418 is added to and made a part of ORS
215.402 to 215.438. + }
SECTION 15. ORS 215.402 is amended to read:
215.402. As used in ORS 215.402 to 215.438 and 215.700 to
215.780 unless the context requires otherwise:
(1) 'Contested case' means a proceeding in which the legal
rights, duties or privileges of specific parties under general
rules or policies provided under ORS 215.010 to { - 215.213,
215.215 to 215.263, 215.283 to 215.293 - } { + 215.311 + },
215.317, 215.327, 215.402 to 215.438 and 215.700 to 215.780, or
any ordinance, rule or regulation adopted pursuant thereto, are
required to be determined only after a hearing at which specific
parties are entitled to appear and be heard.
Enrolled House Bill 2370 (HB 2370-INTRO) Page 5
(2) 'Hearing' means a quasi-judicial hearing, authorized or
required by the ordinances and regulations of a county adopted
pursuant to ORS 215.010 to { - 215.213, 215.215 to 215.263,
215.283 to 215.293 - } { + 215.311 + }, 215.317, 215.327,
215.402 to 215.438 and 215.700 to 215.780:
(a) To determine in accordance with such ordinances and
regulations if a permit shall be granted or denied; or
(b) To determine a contested case.
(3) 'Hearings officer' means a planning and zoning hearings
officer appointed or designated by the governing body of a county
under ORS 215.406.
(4) 'Permit' means discretionary approval of a proposed
development of land under ORS 215.010 to { - 215.293 - } { +
215.311 + }, 215.317 { + , 215.327 and 215.402 + } to 215.438 and
215.700 to 215.780 or county legislation or regulation adopted
pursuant thereto. ' Permit' does not include:
(a) A limited land use decision as defined in ORS 197.015;
(b) A decision which determines the appropriate zoning
classification for a particular use by applying criteria or
performance standards defining the uses permitted within the
zone, and the determination applies only to land within an urban
growth boundary;
(c) A decision which determines final engineering design,
construction, operation, maintenance, repair or preservation of a
transportation facility which is otherwise authorized by and
consistent with the comprehensive plan and land use regulations;
or
(d) An action under ORS 197.360 (1).
SECTION 16. { + ORS 215.265, 215.275, 215.293, 215.294,
215.304, 215.306 and 215.311 are added to and made a part of ORS
215.203 to 215.311. + }
SECTION 17. ORS 215.233 is amended to read:
215.233. Nothing in ORS 215.010, 215.030, 215.050, 215.060 and
215.110 { + , 215.130, 215.170, 215.185, 215.190, 215.203, + }
{ - to - } 215.213, 215.223 and this section shall impair the
validity of ordinances enacted prior to September 2, 1963. All
development patterns made and adopted prior to that time shall be
deemed to meet the requirements of ORS 215.010, 215.030, 215.050,
215.060 and 215.110 { + , 215.130, 215.170, 215.185, 215.190,
215.203, + } { - to - } 215.213, 215.223 and this section
concerning comprehensive plans.
SECTION 18. ORS 215.273 is amended to read:
215.273. Nothing in ORS 215.130, 215.203, 215.213,
215.243 { + , 215.253, 215.263, + } { - to - } 215.273,
215.283, 215.284, 308A.050 to 308A.128 and 316.844 is intended to
affect the authority of the Energy Facility Siting Council in
determining suitable sites for the issuance of site certificates
for thermal power plants, as authorized under ORS 469.300 to
469.563, 469.590 to 469.619 and 469.930.
SECTION 19. ORS 215.304 is amended to read:
215.304. (1) The Land Conservation and Development Commission
shall not adopt or implement any rule to identify or designate
small-scale farmland or secondary land.
(2) Amendments required to conform rules to the provisions of
subsection (1) of this section and ORS { - 215.705 - } { +
215.700 + } to 215.780 shall be adopted by March 1, 1994.
(3) Any portion of a rule inconsistent with the provisions of
ORS 197.247 (1991 Edition), 215.213, 215.214 (1991 Edition),
215.288 (1991 Edition), 215.317, 215.327 and 215.337 (1991
Enrolled House Bill 2370 (HB 2370-INTRO) Page 6
Edition) or { - 215.705 - } { + 215.700 + } to 215.780 on
March 1, 1994:
(a) Shall not be implemented or enforced; and
(b) Has no legal effect.
SECTION 20. ORS 215.306 is amended to read:
215.306. (1) The limitations on uses made of land in exclusive
farm use zones described in ORS 215.213, 215.283, 215.284 and
{ - 215.705 - } { + 215.700 + } to 215.780 and limitations
imposed by or adopted pursuant to ORS 197.040 do not apply to
activities described in this section.
(2) The provisions of this section do not affect the
eligibility of a zone for special assessment as provided in ORS
308A.050 to 308A.128.
(3)(a) On-site filming and activities accessory to on-site
filming may be conducted in any area zoned for exclusive farm use
without prior approval of local government but subject to ORS
30.930 to 30.947.
(b) Notwithstanding paragraph (a) of this subsection, on-site
filming and activities accessory to on-site filming that exceed
45 days on any site within a one-year period or involve erection
of sets that would remain in place for longer than 45 days may be
conducted only upon approval of the governing body or its
designee in any area zoned for exclusive farm use subject to ORS
215.296. In addition to other activities described in subsection
(4) of this section, these activities may include office
administrative functions such as payroll and scheduling, and the
use of campers, truck trailers or similar temporary facilities.
Temporary facilities may be used as temporary housing for
security personnel.
(4) For purposes of this section, 'on-site filming and
activities accessory to on-site filming':
(a) Includes:
(A) Filming and site preparation, construction of sets,
staging, makeup and support services customarily provided for
on-site filming.
(B) Production of advertisements, documentaries, feature film,
television services and other film productions that rely on the
rural qualities of an exclusive farm use zone in more than an
incidental way.
(b) Does not include:
(A) Facilities for marketing, editing and other such activities
that are allowed only as a home occupation; or
(B) Construction of new structures that requires a building
permit.
(5) A decision of local government issuing any permits
necessary for activities under subsection (3)(a) of this section
is not a land use decision.
SECTION 21. ORS 215.311 is amended to read:
215.311. (1) The limitations on uses of land in exclusive farm
use zones described in ORS 215.283, 215.284 and { - 215.705 - }
{ + 215.700 + } to 215.780 and limitations imposed by or adopted
pursuant to ORS 197.040 do not apply to log truck parking under
this section.
(2) The provisions of this section do not affect the
eligibility of a zone for special assessment as provided in ORS
308A.050 to 308A.128.
(3) Notwithstanding any other provision of law except for
health and safety provisions, parking no more than seven log
trucks shall be allowed in an exclusive farm use zone unless the
Enrolled House Bill 2370 (HB 2370-INTRO) Page 7
local government determines that log truck parking on a lot or
parcel will:
(a) Force a significant change in accepted farm or forest
practices on surrounding lands devoted to farm or forest use; or
(b) Significantly increase the cost of accepted farm or forest
practices on surrounding lands devoted to farm or forest use.
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Passed by House May 11, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 13, 2001
...........................................................
President of Senate
Enrolled House Bill 2370 (HB 2370-INTRO) Page 8
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2370 (HB 2370-INTRO) Page 9