72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to SB 538
 
LC 953/SB 538-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 538
 
               By COMMITTEE ON WATER AND LAND USE
 
                              May 6
 
  On page 1 of the printed bill, line 2, after the first
semicolon delete the rest of the line and insert 'amending ORS
197.015.'.
  Delete lines 3 through 30.
  On page 2, delete lines 1 through 3.
  Delete lines 5 through 45 and pages 3 through 151 and insert:
  '  { +  SECTION 1. + } ORS 197.015 is amended to read:
  ' 197.015. As used in ORS chapters 195, 196 and 197, unless the
context requires otherwise:
  ' (1) 'Acknowledgment' means a commission order that certifies
that a comprehensive plan and land use regulations, land use
regulation or plan or regulation amendment complies with the
goals or certifies that Metro land use planning goals and
objectives, Metro regional framework plan, amendments to Metro
planning goals and objectives or amendments to the Metro regional
framework plan comply with the statewide planning goals.
  ' (2) 'Board' means the Land Use Board of Appeals.
  ' (3) 'Commission' means the Land Conservation and Development
Commission.
  ' (4) 'Committee' means the Joint Legislative Committee on Land
Use.
  ' (5) 'Comprehensive plan' means a generalized, coordinated
land use map and policy statement of the governing body of a
local government that interrelates all functional and natural
systems and activities relating to the use of lands, including
but not limited to sewer and water systems, transportation
systems, educational facilities, recreational facilities, and
natural resources and air and water quality management programs.
' Comprehensive' means all-inclusive, both in terms of the
geographic area covered and functional and natural activities and
systems occurring in the area covered by the plan. 'General
nature' means a summary of policies and proposals in broad
categories and does not necessarily indicate specific locations
of any area, activity or use. A plan is 'coordinated' when the
needs of all levels of governments, semipublic and private
agencies and the citizens of Oregon have been considered and
accommodated as much as possible. 'Land' includes water, both
surface and subsurface, and the air.
  ' (6) 'Department' means the Department of Land Conservation
and Development.
  ' (7) 'Director' means the Director of the Department of Land
Conservation and Development.
  ' (8) 'Goals' means the mandatory statewide planning standards
adopted by the commission pursuant to ORS chapters 195, 196 and
197.
  ' (9) 'Guidelines' means suggested approaches designed to aid
cities and counties in preparation, adoption and implementation
of comprehensive plans in compliance with goals and to aid state
agencies and special districts in the preparation, adoption and
implementation of plans, programs and regulations in compliance
with goals. Guidelines shall be advisory and shall not limit
state agencies, cities, counties and special districts to a
single approach.
  ' (10) 'Land use decision':
  ' (a) Includes:
  ' (A) A final decision or determination made by a local
government or special district that concerns the adoption,
amendment or application of:
  ' (i) The goals;
  ' (ii) A comprehensive plan provision;
  ' (iii) A land use regulation; or
  ' (iv) A new land use regulation;
  ' (B) A final decision or determination of a state agency other
than the commission with respect to which the agency is required
to apply the goals; or
  ' (C) A decision of a county planning commission made under ORS
433.763;
  ' (b) Does not include a decision of a local government:
  ' (A) Which is made under land use standards which do not
require interpretation or the exercise of policy or legal
judgment;
  ' (B) Which approves or denies a building permit issued under
clear and objective land use standards;
  ' (C) Which is a limited land use decision;
  ' (D) 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
  ' (E) Which is an expedited land division as described in ORS
197.360;
  ' (c) Does not include a decision by a school district to close
a school;
  ' (d) Does not include   { - authorization of an outdoor mass
gathering as defined in ORS 433.735, or other gathering of fewer
than 3,000 persons that is not anticipated to continue for more
than 120 hours in any three-month period - }  { + :
  ' (A) Authorization of an outdoor mass gathering as defined in
ORS 433.735; or
  ' (B) Any other gathering or gatherings that cumulatively do
not exceed either 3,000 people or 120 hours in any consecutive
three-month period and do not include construction of permanent
structures, when such gathering or gatherings are not the primary
use of the property + }; and
  ' (e) Does not include:
  ' (A) A writ of mandamus issued by a circuit court in
accordance with ORS 215.429 or 227.179;
  ' (B) Any local decision or action taken on an application
subject to ORS 215.427 or 227.178 after a petition for a writ of
mandamus has been filed under ORS 215.429 or 227.179; or
  ' (C) Any decision in a declaratory judgment action under
section 1, chapter 955, Oregon Laws 2001.
  ' (11) 'Land use regulation' means any local government zoning
ordinance, land division ordinance adopted under ORS 92.044 or
92.046 or similar general ordinance establishing standards for
implementing a comprehensive plan.
  ' (12) 'Limited land use decision' is a final decision or
determination made by a local government pertaining to a site
within an urban growth boundary which concerns:
  ' (a) The approval or denial of a subdivision or partition, as
described in ORS chapter 92.
  ' (b) The approval or denial of an application based on
discretionary standards designed to regulate the physical
characteristics of a use permitted outright, including but not
limited to site review and design review.
 
  ' (13) 'Local government' means any city, county or
metropolitan service district formed under ORS chapter 268 or an
association of local governments performing land use planning
functions under ORS 195.025.
  ' (14) 'Metro' means a metropolitan service district organized
under ORS chapter 268.
  ' (15) 'Metro planning goals and objectives' means the land use
goals and objectives that a metropolitan service district may
adopt under ORS 268.380 (1)(a). The goals and objectives do not
constitute a comprehensive plan.
  ' (16) 'Metro regional framework plan' means the regional
framework plan required by the 1992 Metro Charter or its separate
components. Neither the regional framework plan nor its
individual components constitute a comprehensive plan.
  ' (17) 'New land use regulation' means a land use regulation
other than an amendment to an acknowledged land use regulation
adopted by a local government that already has a comprehensive
plan and land regulations acknowledged under ORS 197.251.
  ' (18) 'Person' means any individual, partnership, corporation,
association, governmental subdivision or agency or public or
private organization of any kind. The Land Conservation and
Development Commission or its designee is considered a person for
purposes of appeal under ORS chapters 195 and 197.
  ' (19) 'Special district' means any unit of local government,
other than a city, county, metropolitan service district formed
under ORS chapter 268 or an association of local governments
performing land use planning functions under ORS 195.025
authorized and regulated by statute and includes but is not
limited to: Water control districts, domestic water associations
and water cooperatives, irrigation districts, port districts,
regional air quality control authorities, fire districts, school
districts, hospital districts, mass transit districts and
sanitary districts.
  ' (20) 'Voluntary association of local governments' means a
regional planning agency in this state officially designated by
the Governor pursuant to the federal Office of Management and
Budget Circular A-95 as a regional clearinghouse.
  ' (21) 'Wetlands' means those areas that are inundated or
saturated by surface or ground water at a frequency and duration
that are sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions.
  '  { +  SECTION 2. + } ORS 197.015, as amended by section 3,
chapter 955, Oregon Laws 2001, is amended to read:
  ' 197.015. As used in ORS chapters 195, 196 and 197, unless the
context requires otherwise:
  ' (1) 'Acknowledgment' means a commission order that certifies
that a comprehensive plan and land use regulations, land use
regulation or plan or regulation amendment complies with the
goals or certifies that Metro land use planning goals and
objectives, Metro regional framework plan, amendments to Metro
planning goals and objectives or amendments to the Metro regional
framework plan comply with the statewide planning goals.
  ' (2) 'Board' means the Land Use Board of Appeals.
  ' (3) 'Commission' means the Land Conservation and Development
Commission.
  ' (4) 'Committee' means the Joint Legislative Committee on Land
Use.
  ' (5) 'Comprehensive plan' means a generalized, coordinated
land use map and policy statement of the governing body of a
local government that interrelates all functional and natural
systems and activities relating to the use of lands, including
but not limited to sewer and water systems, transportation
systems, educational facilities, recreational facilities, and
natural resources and air and water quality management programs.
' Comprehensive' means all-inclusive, both in terms of the
geographic area covered and functional and natural activities and
systems occurring in the area covered by the plan. 'General
nature' means a summary of policies and proposals in broad
categories and does not necessarily indicate specific locations
of any area, activity or use. A plan is 'coordinated' when the
needs of all levels of governments, semipublic and private
agencies and the citizens of Oregon have been considered and
accommodated as much as possible. 'Land' includes water, both
surface and subsurface, and the air.
  ' (6) 'Department' means the Department of Land Conservation
and Development.
  ' (7) 'Director' means the Director of the Department of Land
Conservation and Development.
  ' (8) 'Goals' means the mandatory statewide planning standards
adopted by the commission pursuant to ORS chapters 195, 196 and
197.
  ' (9) 'Guidelines' means suggested approaches designed to aid
cities and counties in preparation, adoption and implementation
of comprehensive plans in compliance with goals and to aid state
agencies and special districts in the preparation, adoption and
implementation of plans, programs and regulations in compliance
with goals. Guidelines shall be advisory and shall not limit
state agencies, cities, counties and special districts to a
single approach.
  ' (10) 'Land use decision':
  ' (a) Includes:
  ' (A) A final decision or determination made by a local
government or special district that concerns the adoption,
amendment or application of:
  ' (i) The goals;
  ' (ii) A comprehensive plan provision;
  ' (iii) A land use regulation; or
  ' (iv) A new land use regulation;
  ' (B) A final decision or determination of a state agency other
than the commission with respect to which the agency is required
to apply the goals; or
  ' (C) A decision of a county planning commission made under ORS
433.763;
  ' (b) Does not include a decision of a local government:
  ' (A) Which is made under land use standards which do not
require interpretation or the exercise of policy or legal
judgment;
  ' (B) Which approves or denies a building permit issued under
clear and objective land use standards;
  ' (C) Which is a limited land use decision;
  ' (D) 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
  ' (E) Which is an expedited land division as described in ORS
197.360;
  ' (c) Does not include a decision by a school district to close
a school;
  ' (d) Does not include   { - authorization of an outdoor mass
gathering as defined in ORS 433.735, or other gathering of fewer
than 3,000 persons that is not anticipated to continue for more
than 120 hours in any three-month period - }  { + :
  ' (A) Authorization of an outdoor mass gathering as defined in
ORS 433.735; or
  ' (B) Any other gathering or gatherings that cumulatively do
not exceed either 3,000 people or 120 hours in any consecutive
three-month period and do not include construction of permanent
structures, when such gathering or gatherings are not the primary
use of the property + }; and
  ' (e) Does not include:
  ' (A) A writ of mandamus issued by a circuit court in
accordance with ORS 215.429 or 227.179; or
  ' (B) Any local decision or action taken on an application
subject to ORS 215.427 or 227.178 after a petition for a writ of
mandamus has been filed under ORS 215.429 or 227.179.
  ' (11) 'Land use regulation' means any local government zoning
ordinance, land division ordinance adopted under ORS 92.044 or
92.046 or similar general ordinance establishing standards for
implementing a comprehensive plan.
  ' (12) 'Limited land use decision' is a final decision or
determination made by a local government pertaining to a site
within an urban growth boundary which concerns:
  ' (a) The approval or denial of a subdivision or partition, as
described in ORS chapter 92.
  ' (b) The approval or denial of an application based on
discretionary standards designed to regulate the physical
characteristics of a use permitted outright, including but not
limited to site review and design review.
  ' (13) 'Local government' means any city, county or
metropolitan service district formed under ORS chapter 268 or an
association of local governments performing land use planning
functions under ORS 195.025.
  ' (14) 'Metro' means a metropolitan service district organized
under ORS chapter 268.
  ' (15) 'Metro planning goals and objectives' means the land use
goals and objectives that a metropolitan service district may
adopt under ORS 268.380 (1)(a). The goals and objectives do not
constitute a comprehensive plan.
  ' (16) 'Metro regional framework plan' means the regional
framework plan required by the 1992 Metro Charter or its separate
components. Neither the regional framework plan nor its
individual components constitute a comprehensive plan.
  ' (17) 'New land use regulation' means a land use regulation
other than an amendment to an acknowledged land use regulation
adopted by a local government that already has a comprehensive
plan and land regulations acknowledged under ORS 197.251.
  ' (18) 'Person' means any individual, partnership, corporation,
association, governmental subdivision or agency or public or
private organization of any kind. The Land Conservation and
Development Commission or its designee is considered a person for
purposes of appeal under ORS chapters 195 and 197.
  ' (19) 'Special district' means any unit of local government,
other than a city, county, metropolitan service district formed
under ORS chapter 268 or an association of local governments
performing land use planning functions under ORS 195.025
authorized and regulated by statute and includes but is not
limited to: Water control districts, domestic water associations
and water cooperatives, irrigation districts, port districts,
regional air quality control authorities, fire districts, school
districts, hospital districts, mass transit districts and
sanitary districts.
  ' (20) 'Voluntary association of local governments' means a
regional planning agency in this state officially designated by
the Governor pursuant to the federal Office of Management and
Budget Circular A-95 as a regional clearinghouse.
  ' (21) 'Wetlands' means those areas that are inundated or
saturated by surface or ground water at a frequency and duration
that are sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions.'.
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