74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 311
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 Senate Interim Committee on
Judiciary for Oregon State Bar Real Estate and Land Use
Section)
CHAPTER ................
AN ACT
Relating to application for action by local government; amending
ORS 215.427.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 215.427 is amended to read:
215.427. (1) Except as provided in subsections (3) and
{ - (4) - } { + (5) + } of this section, for land within an
urban growth boundary and applications for mineral aggregate
extraction, the governing body of a county or its designee shall
take final action on an application for a permit, limited land
use decision or zone change, including resolution of all appeals
under ORS 215.422, within 120 days after the application is
deemed complete. The governing body of a county or its designee
shall take final action on all other applications for a permit,
limited land use decision or zone change, including resolution of
all appeals under ORS 215.422, within 150 days after the
application is deemed complete, except as provided in subsections
(3) and { - (4) - } { + (5) + } of this section.
(2) If an application for a permit, limited land use decision
or zone change is incomplete, the governing body or its designee
shall notify the applicant { + in writing + } of exactly what
information is missing within 30 days of receipt of the
application and allow the applicant to submit the missing
information. The application shall be deemed complete for the
purpose of subsection (1) of this section { - upon receipt by
the governing body or its designee of the missing information. If
the applicant refuses to submit the missing information, the
application shall be deemed complete for the purpose of
subsection (1) of this section on the 31st day after the
governing body first received the application - } { + upon
receipt by the governing body or its designee of:
(a) All of the missing information;
(b) Some of the missing information and written notice from the
applicant that no other information will be provided; or
(c) Written notice from the applicant that none of the missing
information will be provided + }.
(3)(a) If the application was complete when first submitted or
the applicant submits { - the requested - } additional
Enrolled Senate Bill 311 (SB 311-INTRO) Page 1
information { + , as described in subsection (2) of this
section, + } within 180 days of the date the application was
first submitted and the county has a comprehensive plan and land
use regulations acknowledged under ORS 197.251, approval or
denial of the application shall be based upon the standards and
criteria that were applicable at the time the application was
first submitted.
(b) If the application is for industrial or traded sector
development of a site identified under section 12, chapter 800,
Oregon Laws 2003, and proposes an amendment to the comprehensive
plan, approval or denial of the application must be based upon
the standards and criteria that were applicable at the time the
application was first submitted, provided the application
complies with paragraph (a) of this subsection.
{ + (4) On the 181st day after first being submitted, the
application is void if the applicant has been notified of the
missing information as required under subsection (2) of this
section and has not submitted:
(a) All of the missing information;
(b) Some of the missing information and written notice that no
other information will be provided; or
(c) Written notice that none of the missing information will be
provided. + }
{ - (4) - } { + (5) + } The period set in subsection (1) of
this section may be extended for a { - reasonable - }
{ + specified + } period of time at the { + written + }
request of the applicant. { + The total of all extensions may
not exceed 215 days. + }
{ - (5) - } { + (6) + } The period set in subsection (1) of
this section applies:
(a) Only to decisions wholly within the authority and control
of the governing body of the county; and
(b) Unless the parties have agreed to mediation as described in
ORS 197.319 (2)(b).
{ - (6) - } { + (7) + } Notwithstanding subsection
{ - (5) - } { + (6) + } of this section, the period set in
subsection (1) of this section does not apply to an amendment to
an acknowledged comprehensive plan or land use regulation or
adoption of a new land use regulation that was forwarded to the
Director of the Department of Land Conservation and Development
under ORS 197.610 (1).
{ - (7) - } { + (8) + } Except when an applicant requests
an extension under subsection { - (4) - } { + (5) + } of this
section, if the governing body of the county or its designee does
not take final action on an application for a permit, limited
land use decision or zone change within 120 days or 150 days, as
applicable, after the application is deemed complete, the county
shall refund to the applicant either the unexpended portion of
any application fees or deposits previously paid or 50 percent of
the total amount of such fees or deposits, whichever is greater.
The applicant is not liable for additional governmental fees
incurred subsequent to the payment of such fees or deposits.
However, the applicant is responsible for the costs of providing
sufficient additional information to address relevant issues
identified in the consideration of the application.
{ - (8) - } { + (9) + } A county may not compel an
applicant to waive the period set in subsection (1) of this
section or to waive the provisions of subsection { - (7) - }
{ + (8) + } of this section or ORS 215.429 as a condition for
taking any action on an application for a permit, limited land
Enrolled Senate Bill 311 (SB 311-INTRO) Page 2
use decision or zone change except when such applications are
filed concurrently and considered jointly with a plan amendment.
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Passed by Senate March 12, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 8, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 311 (SB 311-INTRO) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 311 (SB 311-INTRO) Page 4