72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1932
A-Engrossed
Senate Bill 516
Ordered by the Senate April 16
Including Senate Amendments dated April 16
Sponsored by Senator MINNIS (at the request of Oregon Association
of Realtors and 1000 Friends of Oregon)
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.
Modifies notice requirements relating to changes in land use
planning requirements.
A BILL FOR AN ACT
Relating to land use planning requirements; amending ORS 197.047,
215.503, 227.186 and 268.393.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 197.047 is amended to read:
197.047. { + (1) As used in this section, 'owner' means the
owner of the title to real property or the contract purchaser of
real property, of record as shown on the last available complete
tax assessment roll.
(2) At least 90 days prior to the final public hearing on a
proposed new or amended administrative rule of the Land
Conservation and Development Commission described in subsection
(10) of this section, the Department of Land Conservation and
Development shall cause the notice set forth in subsection (5) of
this section to be mailed to every affected local government that
exercises land use planning authority under ORS 197.175.
(3) A local government that receives notice under subsection
(2) of this section shall cause the notice set forth in
subsection (6) of this section to be mailed to every owner of
real property that will be rezoned as a result of the proposed
rule. Notice to an owner under this subsection must be mailed at
least 45 days prior to the final public hearing on the proposed
rule.
(4) A local government that receives notice under subsection
(7) of this section shall cause a copy of the notice set forth in
subsection (9) of this section to be mailed to every owner of
real property that will be rezoned as a result of adoption of the
rule or enactment of the statute, unless the owner was notified
pursuant to subsection (3) of this section. The local government
shall mail the notice to an owner under this subsection at least
45 days prior to the effective date of the rule or statute unless
the rule or statute is effective on adoption or enactment. If the
rule or statute is effective on adoption or enactment, the local
government shall mail the notice to an owner under this
subsection not later than 30 days after the local government
receives notice under subsection (7) of this section.
(5) The notice required in subsection (2) of this section must:
(a) Contain substantially the following language in boldfaced
type across the top of the face page extending from the left
margin to the right margin: + }
________________________________________________________________
{ + This is to notify you that the Land Conservation and
Development Commission has proposed a new or amended
administrative rule that, if adopted, may affect the permissible
uses of properties in your jurisdiction. + }
________________________________________________________________
{ + (b) Contain substantially the following language in the
body of the notice: + }
________________________________________________________________
{ + On (date of public hearing), the Land Conservation and
Development Commission will hold a public hearing regarding the
adoption of proposed (new or amended) rule (number). Adoption of
the rule may change the zoning classification of properties in
your jurisdiction or may limit or prohibit land uses previously
allowed on properties in your jurisdiction.
Rule (number) is available for inspection at the Department of
Land Conservation and Development located at (address). A copy of
the proposed rule (number) is available for purchase at a cost of
$___.
For additional information, contact the Department of Land
Conservation and Development at (telephone number). + }
________________________________________________________________
{ + (6) The notice required in subsection (3) of this section
must:
(a) Contain substantially the following language in boldfaced
type across the top of the face page extending from the left
margin to the right margin: + }
________________________________________________________________
{ + This is to notify you that the Land Conservation and
Development Commission has proposed a new or amended
administrative rule that, if adopted, may affect the permissible
uses of your property and other properties. + }
________________________________________________________________
{ + (b) Contain substantially the following language in the
body of the notice: + }
________________________________________________________________
{ + On (date of public hearing), the Land Conservation and
Development Commission will hold a public hearing regarding
adoption of proposed (new or amended) rule (number). Adoption of
the rule may change the zoning classification of your property
and other properties, limit or prohibit land uses previously
allowed on your property and other properties in the affected
zone or affect the value of your property.
Rule (number) is available for inspection at the Department of
Land Conservation and Development located at (address). A copy of
the proposed rule (number) also is available for purchase at a
cost of $___.
For additional information, contact the Department of Land
Conservation and Development at (telephone number). + }
________________________________________________________________
{ - (1) - } { + (7) + } At least { - 50 - } { + 90 + }
days prior to the effective date of a new or amended
administrative rule of the Land Conservation and Development
Commission { + that will cause real property of an owner who was
not notified pursuant to subsection (2) of this section to be
rezoned + } or a new or amended land use planning statute enacted
by the Legislative Assembly, { + both + } as described in
subsection { - (3) - } { + (10) + } of this section, the
Department of Land Conservation and Development shall cause
{ - a written - } { + the + } notice { + of a land use change
set forth in subsection (8) of this section + } { - of land use
change, in substantially the form described in subsection (2) of
this section, - } to be mailed to every { + affected + } local
government that exercises land use planning authority under ORS
197.175 { + unless the rule or statute is effective on adoption
or enactment. If the rule or statute is effective on adoption or
enactment, the department shall cause the notice of a land use
change set forth in subsection (8) of this section to be mailed
not later than 30 days after adoption or enactment.
(8) The notice required in subsection (7) of this section must:
(a) Contain substantially the following language in boldfaced
type across the top of the face page extending from the left
margin to the right margin: + }
________________________________________________________________
{ + (Check on the appropriate line:)
___ This is to notify you that the Land Conservation and
Development Commission has adopted an administrative rule that
affects the permissible uses of properties in your jurisdiction;
or
___ This is to notify you that the Legislative Assembly has
enacted a land use planning statute that affects the permissible
uses of properties in your jurisdiction. + }
________________________________________________________________
{ - (2) - } { + (b) + } { - The notice shall - } Contain
substantially the following language in the body of the notice:
_________________________________________________________________
{ + (Check on the appropriate line:) + }
{ - (a) - } { + ___ + } On (date of rule adoption), the
Land Conservation and Development Commission adopted
administrative rule (number). The commission has determined that
this rule { - will affect the permissible uses of property in
your jurisdiction and may reduce the value of subject
property - } { + may change the zoning classification of
properties in your jurisdiction or may limit or prohibit land
uses previously allowed on properties in your jurisdiction + }.
Rule (number) is available for inspection at the Department of
Land Conservation and Development located at (address). A copy of
the rule (number) also is available for purchase at a cost
of { + $ + } ___ .
For additional information, contact the Department of Land
Conservation and Development at (telephone number); or
{ - (b) - } { + ___ + } On (date of enactment) the
Legislative Assembly
{ - adopted - } { + enacted + } (House/Senate bill number).
The Department of Land Conservation and Development has
determined that enactment of (House/Senate bill number)
{ - will affect the permissible uses of property in your
jurisdiction and may reduce the value of subject property - }
{ + may change the zoning classification of properties in your
jurisdiction or may limit or prohibit land uses previously
allowed on properties in your jurisdiction + }.
A copy of (House/Senate bill number) is available for
inspection at the Department of Land Conservation and Development
located at (address). A copy of (House/Senate bill number) also
is available for purchase at a cost of { + $ + } ___ .
For additional information, contact the Department of Land
Conservation and Development at (telephone number).
_________________________________________________________________
{ + (9) The notice required in subsection (4) of this section
must:
(a) Contain substantially the following language in boldfaced
type across the top of the face page extending from the left
margin to the right margin: + }
________________________________________________________________
{ + (Check on the appropriate line:)
___ This is to notify you that the Land Conservation and
Development Commission has adopted an administrative rule that
affects the permissible uses of your property and other
properties; or
___ This is to notify you that the Legislative Assembly has
enacted a land use planning statute that affects the permissible
uses of your property and other properties. + }
________________________________________________________________
{ + (b) Contain substantially the following language in the
body of the notice: + }
________________________________________________________________
{ + (Check on the appropriate line:)
___ On (date of rule adoption), the Land Conservation and
Development Commission adopted administrative rule (number). The
rule may change the zoning classification of your property and
other properties in the affected zone.
Rule (number) is available for inspection at the Department of
Land Conservation and Development located at (address). A copy of
the rule (number) also is available for purchase at a cost of
$___.
For additional information, contact the Department of Land
Conservation and Development at (telephone number); or
___ On (date of enactment) the Legislative Assembly enacted
(House/Senate bill number). The Department of Land Conservation
and Development has determined that enactment of (House/Senate
bill number) may change the zoning classification of your
property and other properties in the affected zone.
A copy of (House/Senate bill number) is available for
inspection at the Department of Land Conservation and Development
located at (address). A copy of (House/Senate bill number) also
is available for purchase at a cost of $___.
For additional information, contact the Department of Land
Conservation and Development at (telephone number). + }
________________________________________________________________
{ - (3) - } { + (10) + } The provisions of this section
apply to all statutes and administrative rules of the Land
Conservation and Development Commission that { + change zoning
classifications or + } limit or prohibit otherwise permissible
land uses.
{ - (4) A local government that receives notice under this
section shall cause a copy of the notice to be mailed to every
owner of real property that will be rezoned as a result of the
adoption or enactment of the rule or statute. Notice to a
landowner under this subsection shall be mailed at least 30 days
prior to the effective date of the subject rule or statute. - }
{ - (5) - } { + (11) + } The Department { + of Land
Conservation and Development + } shall reimburse the local
government for { + :
(a) The actual costs incurred responding to questions from the
public related to a proposed new or amended administrative rule
of the Land Conservation and Development Commission and to notice
of the proposed rule; and
(b) + } All usual and reasonable costs of providing
{ - notice - } { + the notices + } required under subsection
{ + (3) or + } (4) of this section.
SECTION 2. ORS 215.503 is amended to read:
215.503. (1) As used in this section, 'owner' means the owner
of the title to real property or the contract purchaser of real
property, of record as shown on the last available complete tax
assessment roll.
(2) All legislative acts relating to comprehensive plans, land
use planning or zoning adopted by the governing body of a county
shall be by ordinance.
(3) Except as provided in subsection (6) of this section and in
addition to the notice required by ORS 215.060, at least 20 days
but not more than 40 days before the date of the first hearing on
an ordinance that proposes to amend an existing comprehensive
plan or any element thereof or to adopt a new comprehensive plan,
the governing body of a county shall cause a written individual
notice of land use change to be mailed to each owner whose
property would have to be rezoned in order to comply with the
amended or new comprehensive plan if the ordinance becomes
effective.
(4) In addition to the notice required by ORS 215.223 (1), at
least 20 days but not more than 40 days before the date of the
first hearing on an ordinance that proposes to rezone property,
the governing body of a county shall cause a written individual
notice of land use change to be mailed to the owner of each lot
or parcel of property that the ordinance proposes to rezone.
(5) An additional individual notice of land use change required
by subsection (3) or (4) of this section shall be approved by the
governing body of the county and shall describe in detail how the
proposed ordinance would affect the use of the property. The
notice shall:
(a) Contain substantially the following language in boldfaced
type { + across the top of the face page + } extending from the
{ - left-hand - } { + left + } margin to the
{ - right-hand - } { + right + } margin { - across the top
of the face page of the notice - } :
_________________________________________________________________
This is to notify you that (governing body of the county) has
proposed a land use regulation that { - will - } { + may + }
affect the permissible uses of your { - land - } { + property
and other properties + }.
_________________________________________________________________
(b) Contain substantially the following language in the body of
the notice:
_________________________________________________________________
On (date of public hearing), (governing body) will hold a
public hearing regarding the adoption of Ordinance Number
___. The (governing body) has determined that adoption of this
ordinance { - will affect the permissible uses of your property
and may reduce the value of your property - } { + may change
the zoning classification of your property and other properties
in the affected zone, limit or prohibit land uses previously
allowed on your property and other properties in the affected
zone or affect the value of your property + }.
Ordinance Number ___ is available for inspection at the ____
County Courthouse located at _____. A copy of Ordinance Number
___ also is available for purchase at a cost of ___.
For additional information concerning Ordinance Number ___, you
may call the (governing body) Planning Department at __-___.
_________________________________________________________________
(6) At least 30 days prior to the adoption or amendment of a
comprehensive plan or land use regulation by the governing body
of a county pursuant to a requirement of periodic review of the
comprehensive plan under ORS 197.628, 197.633 and 197.636, the
governing body of the county shall cause a written individual
notice of the land use change to be mailed to the owner of each
lot or parcel that will be rezoned as a result of the adoption or
enactment. The notice shall describe in detail how the ordinance
or plan amendment { - will - } { + may + } affect the use of
the property. The notice also shall:
(a) Contain substantially the following language in boldfaced
type { + across the top of the face page + } extending from the
{ - left-hand - } { + left + } margin to the
{ - right-hand - } { + right + } margin { - across the top
of the face page of the notice - } :
_________________________________________________________________
This is to notify you that (governing body of the county) has
proposed a land use that { - will - } { + may + } affect the
permissible uses of your { - land - } { + property and other
properties + }.
_________________________________________________________________
(b) Contain substantially the following language in the body of
the notice:
_________________________________________________________________
As a result of an order of the Land Conservation and
Development Commission, (governing body) has proposed Ordinance
Number ___. (Governing Body) has determined that the adoption of
this ordinance { - will affect the permissible uses of your
property and may reduce the value of your property - } { + may
change the zoning classification of your property and other
properties in the affected zone, limit or prohibit land uses
previously allowed on your property and other properties in the
affected zone or affect the value of your property + }.
Ordinance Number ___ will become effective on (date).
Ordinance Number ___ is available for inspection at the ___
County Courthouse located at ___. A copy of Ordinance Number ___
also is available for purchase at a cost of ___.
For additional information concerning Ordinance Number ___, you
may call the (governing body) Planning Department at ___-___.
_________________________________________________________________
(7) Notice provided under this section may be included with the
tax statement required under ORS 311.250.
(8) Notwithstanding subsection (7) of this section, the
governing body of a county may provide notice of a hearing at any
time provided notice is mailed by first class mail or bulk mail
to all persons for whom notice is required under subsections (3)
and (4) of this section.
(9) For purposes of this section, property is rezoned when the
governing body of the county:
(a) Changes the base zoning classification of the property; or
(b) Adopts or amends an ordinance in a manner that limits or
prohibits land uses previously allowed in the affected zone.
(10) The provisions of this section do not apply to legislative
acts of the governing body of the county resulting from action of
the Legislative Assembly or the Land Conservation and Development
Commission for which notice is provided under ORS 197.047, or
resulting from { - a decision - } { + an order + } of a court
of competent jurisdiction.
(11) The governing body of the county is not required to
provide more than one notice under this section to a person who
owns more than one lot or parcel affected by a change to the
local comprehensive plan or land use regulation.
(12) The Department of Land Conservation and Development shall
reimburse the governing body of a county for all usual and
reasonable costs incurred to provide notice required under
subsection (6) of this section.
SECTION 3. ORS 227.186 is amended to read:
227.186. (1) As used in this section, 'owner' means the owner
of the title to real property or the contract purchaser of real
property, of record as shown on the last available complete tax
assessment roll.
(2) All legislative acts relating to comprehensive plans, land
use planning or zoning adopted by a city shall be by ordinance.
(3) Except as provided in subsection (6) of this section, at
least 20 days but not more than 40 days before the date of the
first hearing on an ordinance that proposes to amend an existing
comprehensive plan or any element thereof, or to adopt a new
comprehensive plan, a city shall cause a written individual
notice of a land use change to be mailed to each owner whose
property would have to be rezoned in order to comply with the
amended or new comprehensive plan if the ordinance becomes
effective.
(4) At least 20 days but not more than 40 days before the date
of the first hearing on an ordinance that proposes to rezone
property, a city shall cause a written individual notice of a
land use change to be mailed to the owner of each lot or parcel
of property that the ordinance proposes to rezone.
(5) An additional individual notice of land use change required
by subsection (3) or (4) of this section shall be approved by the
city and shall describe in detail how the proposed ordinance
would affect the use of the property. The notice shall:
(a) Contain substantially the following language in boldfaced
type { + across the top of the face page + } extending from the
{ - left-hand - } { + left + }margin to the
{ - right-hand - } { + right + } margin { - across the top
of the face page of the notice - } :
_________________________________________________________________
This is to notify you that (city) has proposed a land use
regulation that { - will - } { + may + } affect the
permissible uses of your
{ - land - } { + property and other properties + }.
_________________________________________________________________
(b) Contain substantially the following language in the body of
the notice:
_________________________________________________________________
On (date of public hearing), (city) will hold a public hearing
regarding the adoption of Ordinance Number ___. The (city) has
determined that adoption of this ordinance { - will affect the
permissible uses of your property and may reduce the value of
your property - } { + may change the zoning classification of
your property and other properties in the affected zone, limit or
prohibit land uses previously allowed on your property and other
properties in the affected zone or affect the value of your
property + }.
Ordinance Number ___ is available for inspection at the ____
City Hall located at _____. A copy of Ordinance Number ___ also
is available for purchase at a cost of ___.
For additional information concerning Ordinance Number ___, you
may call the (city) Planning Department at __-__.
_________________________________________________________________
(6) At least 30 days prior to the adoption or amendment of a
comprehensive plan or land use regulation by a city pursuant to a
requirement of periodic review of the comprehensive plan under
ORS 197.628, 197.633 and 197.636, the city shall cause a written
individual notice of the land use change to be mailed to the
owner of each lot or parcel that will be rezoned as a result of
the adoption or enactment. The notice shall describe in detail
how the ordinance or plan amendment { - will - } { + may + }
affect the use of the property. The notice also shall:
(a) Contain substantially the following language in boldfaced
type { + across the top of the face page + } extending from the
{ - left-hand - } { + left + } margin to the
{ - right-hand - } { + right + } margin { - across the top
of the face page of the notice - } :
_________________________________________________________________
This is to notify you that (city) has proposed a land use { +
regulation + } that { - will - } { + may + } affect the
permissible uses of your
{ - land - } { + property and other properties + }.
_________________________________________________________________
(b) Contain substantially the following language in the body of
the notice:
_________________________________________________________________
As a result of an order of the Land Conservation and
Development Commission, (city) has proposed Ordinance Number ___.
(City) has determined that the adoption of this ordinance
{ - will affect the permissible uses of your property and may
reduce the value of your property - } { + may change the zoning
classification of your property and other properties in the
affected zone, limit or prohibit land uses previously allowed on
your property and other properties in the affected zone or affect
the value of your property + }.
Ordinance Number ___ will become effective on (date).
Ordinance Number ___ is available for inspection at the ___
City Hall located at ___. A copy of Ordinance Number ___ also is
available for purchase at a cost of ___.
For additional information concerning Ordinance Number ___, you
may call the (city) Planning Department at __-__.
_________________________________________________________________
(7) Notice provided under this section may be included with the
tax statement required under ORS 311.250.
(8) Notwithstanding subsection (7) of this section, a city may
provide notice of a hearing at any time provided notice is mailed
by first class mail or bulk mail to all persons for whom notice
is required under subsections (3) and (4) of this section.
(9) For purposes of this section, property is rezoned when the
city:
(a) Changes the base zoning classification of the property; or
(b) Adopts or amends an ordinance in a manner that limits or
prohibits land uses previously allowed in the affected zone.
(10) The provisions of this section do not apply to legislative
acts of the governing body of the city resulting from action of
the Legislative Assembly or the Land Conservation and Development
Commission for which notice is provided under ORS 197.047 or
resulting from { + an order of + } a court of competent
jurisdiction.
(11) The governing body of the city is not required to provide
more than one notice under this section to a person who owns more
than one lot or parcel affected by a change to the local
comprehensive plan or land use regulation.
(12) The Department of Land Conservation and Development shall
reimburse a city for all usual and reasonable costs incurred to
provide notice required under subsection (6) of this section.
SECTION 4. ORS 268.393 is amended to read:
268.393. { + (1) As used in this section, 'owner' means the
owner of the title to real property or the contract purchaser of
real property, of record as shown on the last available complete
tax assessment roll. + }
{ - (1) - } { + (2) + } At least { - 50 - } { + 45 + }
days prior to { - the effective date of a - } { + the final
public hearing on a proposed + } new or amended land use planning
ordinance of a metropolitan service district, the district shall
cause written notice of the { - new or amended - }
{ + proposed + } ordinance to be mailed to every
{ - government located within the district that exercises land
use planning authority under ORS 197.175 - } { + owner of real
property that will be rezoned as a result of the proposed
ordinance + }.
{ - (2) - } { + (3) + } The notice { - described in this
section shall - } { + required in subsection (2) of this section
must:
(a) Contain substantially the following language in boldfaced
text extending across the top of the face page from the left
margin to the right margin: + }
________________________________________________________________
{ + This is to notify you that the metropolitan service
district has proposed a land use planning ordinance that may
affect the permissible use of your property and other
properties. + }
________________________________________________________________
{ + (b) Contain substantially the following language in the
body of the notice: + }
_________________________________________________________________
On (date of { - ordinance adoption - } { + public
hearing + }), the metropolitan service district { - adopted - }
{ + will hold a public hearing regarding the adoption of + }
ordinance (number). The district has determined that
{ + adoption of + } this ordinance { - will affect the
permissible uses of property in your jurisdiction and may reduce
the value of subject property - } { + may change the zoning
classification of your property and other properties in the
affected zone, limit or prohibit land uses previously allowed on
your property and other properties in the affected zone or affect
the value of your property + }.
Ordinance (number) is available for inspection at the
metropolitan service district offices located at (address). A
copy of the ordinance (number) { - also - } is available for
purchase at a cost of { + $ + } ___ .
For additional information, contact the metropolitan service
district at (telephone number).
_________________________________________________________________
{ - (3) A local government that receives notice under this
section shall cause a copy of the notice to be mailed to every
owner of real property that will be rezoned as a result of the
adoption of the ordinance. Notice to a landowner under this
subsection shall be mailed at least 30 days prior to the
effective date of the subject ordinance. - }
{ - (4) The district shall reimburse the local government for
all usual and reasonable costs of providing notice required under
subsection (3) of this section. - }
{ + (4) If real property of an owner will be rezoned as a
result of the adoption of the land use planning ordinance and the
owner was not notified pursuant to subsection (2) of this
section, at least 30 days prior to the effective date of a new or
amended land use planning ordinance of a metropolitan service
district, the district shall cause written notice of the new or
amended ordinance to be mailed to the owner of the real property
that will be rezoned.
(5) The notice required in subsection (4) of this section must:
(a) Contain substantially the following language in boldfaced
text across the top of the face page extending from the left
margin to the right margin: + }
________________________________________________________________
{ + This is to notify you that the metropolitan service
district has adopted a land use planning ordinance that may
affect the permissible use of your property and other
properties. + }
________________________________________________________________
{ + (b) Contain substantially the following language in the
body of the notice: + }
________________________________________________________________
{ + On (date of ordinance adoption), the metropolitan service
district adopted ordinance (number). The district has determined
that adoption of this ordinance may change the zoning
classification of your property and other properties in the
affected zone, limit or prohibit land uses previously allowed on
your property and other properties in the affected zone or affect
the value of your property.
Ordinance (number) is available for inspection at the
metropolitan service district offices located at (address). A
copy of the ordinance (number) is available for purchase at a
cost of $___.
For additional information, contact the metropolitan service
district at (telephone number). + }
________________________________________________________________
{ + (6) For purposes of this section, property is rezoned
when the metropolitan service district directly or indirectly:
(a) Changes the base zoning classification of the property; or
(b) Adopts or amends a land use planning ordinance in a manner
that limits or prohibits land use previously allowed in the
affected zone. + }
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