71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2217
 
                         House Bill 2514
 
Sponsored by Representative KRUSE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Places burden on local government on appeal of local land use
decision to demonstrate that its decision is in compliance with
applicable laws.
 
                        A BILL FOR AN ACT
Relating to appeal of local land use decision; creating new
  provisions; and amending ORS 197.829.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 197.829 is amended to read:
  197.829. (1) The Land Use Board of Appeals shall affirm a local
government's interpretation of its comprehensive plan and land
use regulations, unless the board determines that the local
government's interpretation:
  (a) Is inconsistent with the express language of the
comprehensive plan or land use regulation;
  (b) Is inconsistent with the purpose for the comprehensive plan
or land use regulation;
  (c) Is inconsistent with the underlying policy that provides
the basis for the comprehensive plan or land use regulation; or
  (d) Is contrary to a state statute, land use goal or rule that
the comprehensive plan provision or land use regulation
implements.
  (2) If a local government fails to interpret a provision of its
comprehensive plan or land use regulations, or if such
interpretation is inadequate for review, the board may make its
own determination of whether the local government decision is
correct.
   { +  (3) In a proceeding before the board and any appeal
therefrom, the local government shall have the burden of
demonstrating that its decision is consistent with applicable
statutes, goals, rules and local land use regulations for all
issues raised by the petitioner. + }
  SECTION 2.  { + The amendments to ORS 197.829 by section 1 of
this 2001 Act apply only to a proceeding before the Land Use
Board of Appeals and any appeal therefrom resulting from a
petition for review filed with the board on or after the
effective date of this 2001 Act. + }
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