75th OREGON LEGISLATIVE ASSEMBLY--2009 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 709
B-Engrossed
House Bill 2229
Ordered by the Senate June 8
Including House Amendments dated May 5 and Senate Amendments
dated
June 8
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Land Conservation and Development)
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.
Establishes main principles for state land use system.
Expands authorities for regional land use planning.
Provides that county may conduct legislative review of county
lands to determine whether lands planned and zoned are consistent
with definitions of 'agricultural lands' or 'forest lands' for
purposes of correcting mapping errors and updating designations
of farmlands and forestlands. Requires county to submit decisions
on planning and rezoning designations to Department of Land
Conservation and Development for review. Specifies procedures
{ - for review - } { + by which department reviews decision
and by which specified persons may appeal order by Land
Conservation and Development Commission + }.
Provides that county, if in conjunction with at least one other
local government, may enter into collaborative regional
problem-solving process with certain public bodies. Requires
county to submit proposed work scope and participant list to Land
Conservation and Development Commission for approval. Requires
participants to submit changes to comprehensive plans and land
use regulations made pursuant to process to commission for
review. Specifies procedures for review.
Directs Land Conservation and Development Commission to carry
out policy-neutral review and audit of land use system to reduce
complexity.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to recommendations of Oregon Task Force on Land Use
Planning; creating new provisions; amending ORS 197.010,
197.040, 197.650, 197.652, 197.654, 197.656, 197.747, 215.427
and 227.178; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 197.010 is amended to read:
197.010. The Legislative Assembly declares that:
(1) In order to { - assure - } { + ensure + } the highest
possible level of livability in Oregon, it is necessary to
provide for properly prepared and coordinated comprehensive plans
for cities and counties, regional areas and the state as a whole.
These comprehensive plans:
(a) Must be adopted by the appropriate governing body at the
local and state levels;
(b) Are expressions of public policy in the form of policy
statements, generalized maps and standards and guidelines;
(c) Shall be the basis for more specific rules and land use
regulations which implement the policies expressed through the
comprehensive plans;
(d) Shall be prepared to assure that all public actions are
consistent and coordinated with the policies expressed through
the comprehensive plans; and
(e) Shall be regularly reviewed and, if necessary, amended to
keep them consistent with the changing needs and desires of the
public they are designed to serve.
{ + (2)(a) The overarching principles guiding the land use
program in the State of Oregon are to:
(A) Provide a healthy environment;
(B) Sustain a prosperous economy;
(C) Ensure a desirable quality of life; and
(D) Equitably allocate the benefits and burdens of land use
planning.
(b) Additionally, the land use program should, but is not
required to, help communities achieve sustainable development
patterns and manage the effects of climate change.
(c) The overarching principles in paragraph (a) of this
subsection and the purposes in paragraph (b) of this subsection
provide guidance to:
(A) The Legislative Assembly when enacting a law regulating
land use.
(B) A public body, as defined in ORS 174.109, when the public
body:
(i) Adopts or interprets goals, comprehensive plans and land
use regulations implementing the plans, or administrative rules
implementing a provision of ORS chapter 195, 196, 197, 215 or
227; or
(ii) Interprets a law governing land use.
(d) Use of the overarching principles in paragraph (a) of this
subsection and the purposes in paragraph (b) of this subsection
is not a legal requirement for the Legislative Assembly or other
public body and is not judicially enforceable. + }
{ - (2) - } { + (3) + } The equitable balance between state
and local government interests can best be achieved by resolution
of conflicts using alternative dispute resolution techniques such
as mediation, collaborative planning and arbitration. Such
dispute resolution techniques are particularly suitable for
conflicts arising over periodic review, comprehensive plan and
land use regulations, amendments, enforcement issues and local
interpretation of state land use policy.
SECTION 2. ORS 197.040 is amended to read:
197.040. (1) The Land Conservation and Development Commission
shall:
(a) Direct the performance by the Director of the Department of
Land Conservation and Development and the director's staff of
their functions under ORS chapters 195, 196 and 197.
(b) In accordance with the provisions of ORS chapter 183, adopt
rules that it considers necessary to carry out ORS chapters 195,
196 and 197. Except as provided in subsection (3) of this
section, in designing its administrative requirements, the
commission shall:
(A) Allow for the diverse administrative and planning
capabilities of local governments;
{ + (B) Consider the variation in conditions and needs in
different regions of the state and encourage regional approaches
to resolving land use problems; + }
{ - (B) - } { + (C) + } Assess what economic and property
interests will be, or are likely to be, affected by the proposed
rule;
{ - (C) - } { + (D) + } Assess the likely degree of
economic impact on identified property and economic interests;
and
{ - (D) - } { + (E) + } Assess whether alternative actions
are available that would achieve the underlying lawful
governmental objective and would have a lesser economic impact.
(c)(A) Adopt by rule in accordance with ORS chapter 183 or by
goal under ORS chapters 195, 196 and 197 any statewide land use
policies that it considers necessary to carry out ORS chapters
195, 196 and 197.
(B) Adopt by rule in accordance with ORS chapter 183 any
procedures necessary to carry out ORS 215.402 (4)(b) and 227.160
(2)(b).
(C) Review decisions of the Land Use Board of Appeals and land
use decisions of the Court of Appeals and the Supreme Court
within 120 days of the date the decisions are issued to determine
if goal or rule amendments are necessary.
(d) Cooperate with the appropriate agencies of the United
States, this state and its political subdivisions, any other
state, any interstate agency, any person or groups of persons
with respect to land conservation and development.
(e) Appoint advisory committees to aid it in carrying out ORS
chapters 195, 196 and 197 and provide technical and other
assistance, as it considers necessary, to each such committee.
(2) Pursuant to ORS chapters 195, 196 and 197, the commission
shall:
(a) Adopt, amend and revise goals consistent with regional,
county and city concerns;
(b) Prepare, collect, provide or cause to be prepared,
collected or provided land use inventories;
(c) Prepare statewide planning guidelines;
(d) Review comprehensive plans for compliance with goals;
(e) Coordinate planning efforts of state agencies to assure
compliance with goals and compatibility with city and county
comprehensive plans;
(f) Insure widespread citizen involvement and input in all
phases of the process;
(g) Review and recommend to the Legislative Assembly the
designation of areas of critical state concern;
(h) Report periodically to the Legislative Assembly and to the
committee; { - and - }
{ + (i) Review the land use planning responsibilities and
authorities given to the state, regions, counties and cities,
review the resources available to each level of government and
make recommendations to the Legislative Assembly to improve the
administration of the statewide land use program; and + }
{ - (i) - } { + (j) + } Perform other duties required by
law.
(3) The requirements of subsection (1)(b) of this section shall
not be interpreted as requiring an assessment for each lot or
parcel that could be affected by the proposed rule.
{ + NOTE: + } Sections 3 and 4 were deleted by amendment.
Subsequent sections were not renumbered.
SECTION 5. { + (1) For the purposes of correcting mapping
errors made in the acknowledgment process and updating the
designation of farmlands and forestlands for land use planning, a
county may conduct a legislative review of lands in the county to
determine whether the lands planned and zoned for farm use,
forest use or mixed farm and forest use are consistent with the
definitions of ' agricultural lands' or 'forest lands' in goals
relating to agricultural lands or forestlands.
(2) A county may undertake the reacknowledgment process
authorized by this section only if the Department of Land
Conservation and Development approves a work plan, from the
county, describing the expected scope of reacknowledgment. The
department may condition approval of a work plan for
reacknowledgment under this section to reflect the resources
needed to complete the review required by sections 7 and 13 of
this 2009 Act. The work plan of the county and the approval of
the department are not final orders for purposes of review.
(3) A county that undertakes the reacknowledgment process
authorized by this section shall provide an opportunity for all
lands planned for farm use, forest use or mixed farm and forest
use and all lands subject to an exception under ORS 197.732 to a
goal relating to agricultural lands or forestlands to be included
in the review.
(4) A county must plan and zone land reviewed under this
section:
(a) For farm use if the land meets the definition of '
agricultural land' in a goal relating to agricultural lands;
(b) For forest use if the land meets the definition of ' forest
land' used for comprehensive plan amendments in the goal relating
to forestlands;
(c) For mixed farm and forest use if the land meets both
definitions;
(d) For nonresource use, consistent with section 7 of this 2009
Act, if the land does not meet either definition; or
(e) For a use other than farm use or forest use as provided in
a goal relating to land use planning process and policy framework
and subject to an exception to the appropriate goals under ORS
197.732 (2).
(5) A county may consider the current land use pattern on
adjacent and nearby lands in determining whether land meets the
appropriate definition. + }
SECTION 6. { + (1) If a county amends its comprehensive plan
or a land use regulation mapping zoning designations under
sections 5 to 7 of this 2009 Act, the county shall review lands
that are planned or rezoned as nonresource lands to determine
whether the lands contain ecologically significant natural areas
or resources. The county shall consider appropriate goals and
the 'Oregon Conservation Strategy' prepared in September of 2006
by the State Department of Fish and Wildlife.
(2) The county shall maintain an inventory in the comprehensive
plan of nonresource lands that contain ecologically significant
natural areas or resources and establish a program to protect the
areas or resources from the adverse effects of new uses allowed
by the planning or zoning changes. The county may use
nonregulatory programs to protect the resources including, but
not limited to, programs for the transfer of severable
development interests to other lands that do not contain
ecologically significant resources.
(3) If a county amends its comprehensive plan or a land use
regulation mapping zoning designations under sections 5 to 7 of
this 2009 Act, the county shall review lands that are planned or
rezoned as nonresource lands to determine that the uses allowed
by the planning or zoning changes are consistent with the
carrying capacity of the lands. The county shall ensure that:
(a) The amount, type, location and pattern of development on
lands redesignated as nonresource lands:
(A) Will be rural in character and will not significantly
interfere with orderly and efficient development of urban areas
in the vicinity;
(B) Will not significantly conflict with existing or reasonably
foreseeable farm or forest uses or with accepted farm or forest
practices; and
(C) Will not lead to significant adverse effects including, but
not limited to, adverse effects on:
(i) Water quality or the availability or cost of water supply;
(ii) Energy use;
(iii) State or local transportation facilities;
(iv) Fish or wildlife habitat or other ecologically significant
lands;
(v) The risk of wildland fire or the cost of fire suppression;
(vi) The cost of public facilities or services; or
(vii) The fiscal health of a local government.
(b) Additional residential development on nonresource lands is,
to the extent practicable, located and clustered to:
(A) Minimize the effects on farm and forest uses;
(B) Avoid lands subject to natural hazards; and
(C) Reduce the costs of public facilities and services. + }
SECTION 7. { + (1) A county shall submit decisions on planning
and rezoning designations under sections 5 to 7 of this 2009 Act
to the Department of Land Conservation and Development for review
pursuant to the procedures set forth in this section and section
13 of this 2009 Act.
(2) The department shall coordinate with:
(a) The State Department of Agriculture in reviewing decisions
on planning and rezoning designations for lands planned for farm
use or mixed farm and forest use.
(b) The State Forestry Department in reviewing decisions on
planning and rezoning designations for lands planned for forest
use or mixed farm and forest use.
(3) The Land Conservation and Development Commission has
exclusive jurisdiction for review of a county's decision made
under sections 5 to 7 of this 2009 Act.
(4) A person who participated in the proceedings leading to the
county's decisions under sections 5 to 7 of this 2009 Act may not
raise an issue on review before the commission that was not
raised in the local proceedings.
(5) The commission may adopt rules implementing sections 5 to 7
of this 2009 Act. + }
SECTION 8. ORS 197.652 is amended to read:
197.652. { - Programs of the collaborative regional
problem-solving process described in ORS 197.654 and 197.656
shall be established in counties or regions geographically
distributed throughout the state. - }
{ + (1) At the request of a county and at least one other
local government in a region, the Department of Land Conservation
and Development, other state agencies, as defined in ORS 171.133,
metropolitan planning organizations, special districts and
advisory committees on transportation may participate with the
local governments in a collaborative regional problem-solving
process.
(2) If requested to participate, the department shall assist
the county with the process and encourage regional efforts to
resolve land use planning problems using the authorities
described in ORS 197.652 to 197.658.
(3) The county, in cooperation with the other local
governments, shall identify the land use planning problems to be
addressed and the participants whose actions are necessary to
resolve the land use planning problems.
(4) The county shall submit a proposed work scope and a
proposed list of participants as a proposal to the Land
Conservation and Development Commission for review. The
commission shall review:
(a) The proposed work scope to determine whether it can
reasonably be completed within the time allowed;
(b) The proposed participant list to determine whether it
includes, at a minimum, all local governments that will need to
amend a comprehensive plan provision or a land use regulation, or
adopt a new provision or regulation, in order to resolve the land
use planning problems identified in the work scope; and
(c) The proposed work scope and the proposed participant list
for consistency.
(5) A county may initiate amendments of a comprehensive plan or
land use regulation under ORS 197.652 to 197.658 only if the
commission approves the work scope, the list of participants and
a schedule for completion of the process. The schedule for
completion of the process may:
(a) Not exceed three years except as provided in paragraph (b)
of this subsection.
(b) Be extended by the commission for up to one year for good
cause shown.
(6) The decision of a county to submit a proposal under this
section, and the decision of the commission to approve a
proposal, are not final actions subject to judicial review.
(7) If the commission approves a proposal under this section,
the county must periodically report on the progress in carrying
out the proposal, as specified by the commission.
(8) For purposes of ORS 197.654 and 197.656, the participants
in a collaborative regional problem-solving process include all
participants on the list of participants approved by the
commission unless the commission subsequently approves the
addition or removal of a participant. + }
SECTION 9. ORS 197.654 is amended to read:
197.654. (1) { - Local governments and those special
districts that provide urban services may enter into a
collaborative regional problem-solving process. A collaborative
regional problem-solving process is a planning process directed
toward resolution of land use problems in a region. The process
must offer an opportunity to participate with appropriate state
agencies and all local governments within the region affected by
the problems that are the subject of the problem-solving process.
The process must include: - }
{ - (a) An opportunity for involvement by other stakeholders
with an interest in the problem; and - }
{ - (b) Efforts among the collaborators to agree on goals,
objectives and measures of success for steps undertaken to
implement the process as set forth in ORS 197.656. - }
{ - (2) As used in ORS 197.652 to 197.658, 'region' means an
area of one or more counties, together with the cities within the
county, counties, or affected portion of the county. - }
{ + After the Land Conservation and Development Commission
approves a proposal for regional problem-solving under ORS
197.652, the participants shall develop proposed actions to
resolve the problems identified in the work scope. The
participants must agree to:
(a) Regional goals that describe how the region intends to
resolve each regional problem described in the work scope;
(b) Actions necessary to achieve the regional goals, including
changes to comprehensive plans or land use regulations;
(c) Measurable indicators of performance and a system for
monitoring progress toward achievement of the regional goals;
(d) Incentives and disincentives to encourage successful
implementation of the actions to achieve the regional goals;
(e) If the regional goals involve the management of an urban
growth boundary, actions to coordinate the planning and provision
of water, sewer and transportation facilities in the region; and
(f) A process for correction of actions if monitoring indicates
that the actions are not achieving the regional goals.
(2) A decision by a participant to enter into a regional
problem-solving agreement under ORS 197.652 to 197.658 is not a
final land use decision. However, a regional problem-solving
agreement is not final and binding until:
(a) All local governments that are participants have adopted
the provisions of the comprehensive plans or land use regulations
contemplated in the agreement; and
(b) The commission has approved the comprehensive plan
provisions and land use regulations as provided under ORS
197.656.
(3) Changes to provisions of comprehensive plans and land use
regulations adopted to implement a regional problem-solving
agreement take effect 60 days after the commission notifies all
participants that the commission has approved all of the
changes. + }
SECTION 10. ORS 197.656 is amended to read:
197.656. (1) { - Upon invitation by the local governments in
a region, the Land Conservation and Development Commission and
other state agencies may participate with the local governments
in a collaborative regional problem-solving process. - }
{ + After the adoption of changes to comprehensive plans and
land use regulations to implement a regional problem-solving
agreement under ORS 197.652 to 197.658, the local governments
that are participants shall submit the changes to the Land
Conservation and Development Commission for review in the manner
set forth in this section. + }
(2) Following the procedures set forth in this subsection, the
commission may { - acknowledge amendments - } { + approve
changes + }to comprehensive plans and land use regulations
{ - , or new land use regulations, - } that do not fully comply
with { - the rules of the commission that implement - } the
statewide { + land use + } planning goals, without taking an
exception { + under ORS 197.732 + }, upon a determination
that { + the changes + }:
{ - (a) The amendments or new provisions are based upon
agreements reached by all local participants, the commission and
other participating state agencies, in the collaborative regional
problem-solving process; - }
{ - (b) The regional problem-solving process has included
agreement among the participants on: - }
{ - (A) Regional goals for resolution of each regional
problem that is the subject of the process; - }
{ - (B) Optional techniques to achieve the goals for each
regional problem that is the subject of the process; - }
{ - (C) Measurable indicators of performance toward
achievement of the goals for each regional problem that is the
subject of the process; - }
{ - (D) A system of incentives and disincentives to encourage
successful implementation of the techniques chosen by the
participants to achieve the goals; - }
{ - (E) A system for monitoring progress toward achievement
of the goals; and - }
{ - (F) A process for correction of the techniques if
monitoring indicates that the techniques are not achieving the
goals; and - }
{ - (c) The agreement reached by regional problem-solving
process participants and the implementing plan amendments and
land use regulations conform, on the whole, with the purposes of
the statewide planning goals. - }
{ - (3) A local government that amends an acknowledged
comprehensive plan or land use regulation or adopts a new land
use regulation in order to implement an agreement reached in a
regional problem-solving process shall submit the amendment or
new regulation to the commission in the manner set forth in ORS
197.628 to 197.650 for periodic review or set forth in ORS
197.251 for acknowledgment. - }
{ - (4) The commission shall have exclusive jurisdiction for
review of amendments or new regulations described in subsection
(3) of this section. A participant or stakeholder in the
collaborative regional problem-solving process shall not raise an
issue before the commission on review that was not raised at the
local level. - }
{ + (a) Conform, on the whole, with the purposes of the
goals, and any failure to meet individual goal requirements is
technical or minor in nature;
(b) Are needed to achieve the regional goals specified by the
participants; and
(c) In combination with other actions agreed upon by the
participants, are reasonably likely to achieve the regional
goals.
(3) The commission:
(a) Shall review changes to the comprehensive plans or land use
regulations adopted by a local government to implement a regional
problem-solving agreement under ORS 197.652 to 197.658 pursuant
to the procedures set forth in this section and section 13 of
this 2009 Act.
(b) Has exclusive jurisdiction for review of changes to
comprehensive plans or land use regulations adopted by a local
government to implement a regional problem-solving agreement
under ORS 197.652 to 197.658.
(4) A participant in the regional problem-solving process or a
person who participated in the proceedings leading to the
adoption of changes to the comprehensive plans or land use
regulations may not raise an issue on review before the
commission that was not raised in the local proceedings for
adoption of the changes to the plans or regulations. + }
(5) If the commission { - denies an amendment or new
regulation submitted pursuant to subsection (3) of this
section - } { + disapproves changes to the comprehensive plans
or land use regulations adopted by a local government to
implement a regional problem-solving agreement under ORS 197.652
to 197.658 + }, the commission shall issue a written statement
describing the reasons for the { - denial - }
{ + disapproval + } and suggesting alternative methods for
accomplishing the goals on a timely basis.
(6) If, in order to resolve regional land use problems, the
participants in a collaborative regional problem-solving process
decide to devote agricultural land or forestland, as defined in
the statewide planning goals, to uses not authorized by those
goals, the participants shall choose land that is not part of the
region's commercial agricultural or forestland base, or take an
exception to those goals pursuant to ORS 197.732. To identify
land that is not part of the region's commercial agricultural or
forestland base, the participants shall consider the
recommendation of a committee of persons appointed by the
affected county, with expertise in appropriate fields, including
but not limited to farmers, ranchers, foresters and soils
scientists and representatives of the State Department of
Agriculture, the State Forestry Department and the Department of
Land Conservation and Development.
(7) The Governor { - shall - } { + may + } require all
appropriate state agencies to participate in the collaborative
regional problem-solving process.
{ + (8) The commission may adopt rules to establish
additional procedural and substantive requirements for review of
changes to comprehensive plans and land use regulations adopted
by local governments to implement a regional problem-solving
agreement under ORS 197.652 to 197.658. + }
SECTION 11. ORS 197.747 is amended to read:
197.747. For the purposes of acknowledgment under ORS 197.251,
board review under ORS 197.805 to 197.855 { + , + } { - and - }
{ + review of a proposed regional problem-solving agreement
under ORS 197.652 to 197.658 or + }periodic review under ORS
197.628 to 197.650, ' compliance with the goals' means the
comprehensive plan and regulations, on the whole, conform with
the purposes of the goals and any failure to meet individual goal
requirements is technical or minor in nature.
SECTION 12. { + Section 13 of this 2009 Act is added to and
made a part of ORS chapter 197. + }
SECTION 13. { + (1) The Land Conservation and Development
Commission shall grant, deny or remand approval of proposed
changes to a comprehensive plan or land use regulations adopted
pursuant to sections 5 to 7 of this 2009 Act or ORS 197.652 to
197.658 within 120 days after the date that the local government
submits the proposed changes.
(2) The Department of Land Conservation and Development shall
prepare a report stating whether the proposed changes comply with
applicable statutes, goals and commission rules. The department
shall provide a reasonable opportunity for persons to prepare and
submit written comments or objections to the report; however a
person may not:
(a) Submit written comments or objections to the report unless
the person participated orally or in writing in the local
government proceedings leading to the adoption of the proposed
changes.
(b) Produce new evidence.
(3) After reviewing the proposed changes, the report and any
written comments and objections to the report, the commission
shall prepare a proposed final order. The commission shall afford
the local government and persons who submitted written comments
or objections to the report a reasonable opportunity to file
written exceptions to the proposed final order. If timely
exceptions are not filed, the proposed order becomes final.
(4) The commission's review under this section is confined to
the record of proceedings before the local government, the report
of the department and any comments, objections and exceptions
filed under subsection (2) or (3) of this section and the
proposed final order of the commission, including any responses
to exceptions. The commission may entertain oral argument from
the department and from persons who filed exceptions, and may
consider new issues raised by its review. The commission may not
allow additional evidence, argument or testimony that could have
been presented to the local government but was not presented.
(5) A commission order granting, denying or remanding proposed
changes must include a clear statement of findings that sets
forth the basis for the approval, denial or remand, including:
(a) Identifying the statutes, goals and rules applicable to the
proposed changes; and
(b) Supporting the determinations of compliance and
noncompliance.
(6) A commission order granting approval may be limited to an
identified geographic area described in the order if:
(a) The identified geographic area is the only area that is the
subject of the proposed changes; or
(b) Specific geographic areas do not comply with the applicable
statutes, goals or rules, and the requirements are not technical
or minor in nature.
(7) The commission may issue a limited approval order if a
previously issued approval order is reversed or remanded by an
appellate court. The limited approval order may deny approval of
that part of the comprehensive plan or land use regulations that
the court found not in compliance with the applicable statutes,
goals or rules and grant approval of other parts of the proposed
changes.
(8) A limited approval order is an approval for all purposes
and is a final order for purposes of judicial review with respect
to the approved geographic area. A limited order may be adopted
in conjunction with a remand. + }
SECTION 13a. ORS 197.650 is amended to read:
197.650. (1) A Land Conservation and Development Commission
order may be appealed to the Court of Appeals in the manner
provided in ORS 183.482 by the following persons:
(a) Persons who submitted comments or objections pursuant to
ORS 197.251 (2) or proceedings under ORS 197.633, 197.636 or
197.644 and are appealing a commission order issued under ORS
197.251 or 197.633, 197.636 or 197.644;
(b) Persons who submitted comments or objections pursuant to
procedures adopted by the commission for certification of state
agency coordination programs and are appealing a certification
issued under ORS 197.180 (6);
(c) Persons who petitioned the commission for an order under
ORS 197.324 and whose petition was dismissed;
{ + (d) Persons who submitted comments or objections pursuant
to sections 5 to 7 and 13 of this 2009 Act or proceedings under
sections 5 to 7 and 13 of this 2009 Act and are appealing a
commission order issued under sections 5 to 7 and 13 of this 2009
Act;
(e) Persons who submitted comments or objections pursuant to
ORS 197.652 to 197.658 and section 13 of this 2009 Act or
proceedings under ORS 197.652 to 197.658 and section 13 of this
2009 Act and are appealing a commission order issued under ORS
197.652 to 197.658 and section 13 of this 2009 Act; + } or
{ - (d) - } { + (f) + } Persons who submitted oral or
written testimony in a proceeding before the commission pursuant
to ORS 215.780.
(2) Notwithstanding ORS 183.482 (2) relating to contents of the
petition, the petition shall state the nature of the order
petitioner desires reviewed and whether the petitioner submitted
comments or objections as provided in ORS 197.251 (2) or pursuant
to ORS 197.633, 197.636 or 197.644 { + or section 13 of this
2009 Act + }.
(3) Notwithstanding ORS 183.482 (2) relating to service of the
petition, copies of the petition shall be served by registered or
certified mail upon the Department of Land Conservation and
Development, the local government and all persons who filed
comments or objections.
SECTION 14. { + In areas of the state that are growing
rapidly, state agencies, as defined in ORS 171.133, cities and
counties should, within constraints of applicable federal law and
regulations, state law and rules and local ordinances:
(1) Consider directing major public infrastructure investments,
including major transportation investments, to reinforce compact
urban development; and
(2) Consider giving priority to investments that promote infill
or redevelopment of existing urban areas to encourage the density
necessary to support alternative modes of transportation. + }
SECTION 15. ORS 215.427 is amended to read:
215.427. (1) Except as provided in subsections (3) { + , + }
{ - and - } (5) { + and (10) + } 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 - } (5) { + and (10) + } 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:
(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 additional 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.
(5) The period set in subsection (1) of this section may be
extended for a specified period of time at the written request of
the applicant. The total of all extensions { + , except as
provided in subsection (10) of this section for mediation, + }
may not exceed 215 days.
(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
{ + subsection (10) of this section or + } ORS 197.319 (2)(b).
(7) Notwithstanding subsection (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).
(8) Except when an applicant requests an extension under
subsection (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.
(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 (8) of this section or ORS 215.429 as a condition
for taking any action on an application for a permit, limited
land use decision or zone change except when such applications
are filed concurrently and considered jointly with a plan
amendment.
{ + (10) The periods set forth in subsection (1) of this
section and the period set forth in subsection (5) of this
section may be extended by up to 90 additional days, if the
applicant and the county agree that a dispute concerning the
application will be mediated. + }
SECTION 16. ORS 227.178 is amended to read:
227.178. (1) Except as provided in subsections (3) { + , + }
{ - and - } (5) { + and (11) + } of this section, the
governing body of a city 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 227.180,
within 120 days after the application is deemed complete.
(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:
(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 information within
180 days of the date the application was first submitted and the
city 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.
(5) The 120-day period set in subsection (1) of this section
may be extended for a specified period of time at the written
request of the applicant. The total of all extensions { + ,
except as provided in subsection (11) of this section for
mediation, + } may not exceed 245 days.
(6) The 120-day 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 city; and
(b) Unless the parties have agreed to mediation as described in
{ + subsection (11) of this section or + } ORS 197.319 (2)(b).
(7) Notwithstanding subsection (6) of this section, the 120-day
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).
(8) Except when an applicant requests an extension under
subsection (5) of this section, if the governing body of the city
or its designee does not take final action on an application for
a permit, limited land use decision or zone change within 120
days after the application is deemed complete, the city shall
refund to the applicant, subject to the provisions of subsection
(9) of this section, 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.
(9)(a) To obtain a refund under subsection (8) of this section,
the applicant may either:
(A) Submit a written request for payment, either by mail or in
person, to the city or its designee; or
(B) Include the amount claimed in a mandamus petition filed
under ORS 227.179. The court shall award an amount owed under
this section in its final order on the petition.
(b) Within seven calendar days of receiving a request for a
refund, the city or its designee shall determine the amount of
any refund owed. Payment, or notice that no payment is due, shall
be made to the applicant within 30 calendar days of receiving the
request. Any amount due and not paid within 30 calendar days of
receipt of the request shall be subject to interest charges at
the rate of one percent per month, or a portion thereof.
(c) If payment due under paragraph (b) of this subsection is
not paid within 120 days after the city or its designee receives
the refund request, the applicant may file an action for recovery
of the unpaid refund. In an action brought by a person under this
paragraph, the court shall award to a prevailing applicant, in
addition to the relief provided in this section, reasonable
attorney fees and costs at trial and on appeal. If the city or
its designee prevails, the court shall award reasonable attorney
fees and costs at trial and on appeal if the court finds the
petition to be frivolous.
(10) A city may not compel an applicant to waive the 120-day
period set in subsection (1) of this section or to waive the
provisions of subsection (8) of this section or ORS 227.179 as a
condition for taking any action on an application for a permit,
limited land use decision or zone change except when such
applications are filed concurrently and considered jointly with a
plan amendment.
{ + (11) The period set forth in subsection (1) of this
section and the period set forth in subsection (5) of this
section may be extended by up to 90 additional days, if the
applicant and the city agree that a dispute concerning the
application will be mediated. + }
SECTION 17. { + (1) The Land Conservation and Development
Commission, in cooperation with the Oregon Law Commission and
other public or private entities, may, as resources are
available, appoint a work group to conduct a policy-neutral
review and audit of ORS chapters 195, 196, 197, 215 and 227, the
statewide land use planning goals and the rules of the commission
implementing the goals.
(2) The commission shall sequence any review based on its
judgment as to which aspects of the statewide land use program
are most in need of updating.
(3) A review undertaken under this section should, but does not
have to, include appropriate involvement of local government,
professional land use planning, private legal and other
representatives.
(4) Recommendations should, but do not have to, address major
policies and key procedures that are most appropriate for
enactment by law and what policies and procedures are most
appropriate for adoption by statewide land use planning goals or
rules to allow for greater variation between regions of the state
over time and to reduce complexity. + }
SECTION 18. { + Section 13 of this 2009 Act and the amendments
to ORS 197.652, 197.654, 197.656 and 197.747 by sections 8, 9, 10
and 11 of this 2009 Act apply to collaborative regional
problem-solving processes commenced on or after the effective
date of this 2009 Act. + }
SECTION 19. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
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