71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 417
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Land Conservation and Development)
CHAPTER ................
AN ACT
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. + }
Enrolled Senate Bill 417 (SB 417-A) Page 1
(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
Enrolled Senate Bill 417 (SB 417-A) Page 2
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. + }
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Enrolled Senate Bill 417 (SB 417-A) Page 3
Passed by Senate April 6, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 11, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 417 (SB 417-A) Page 4
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 417 (SB 417-A) Page 5