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 1140
House Bill 3054
Sponsored by Representatives GARRARD, SCHAUFLER
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 as
introduced.
Establishes five regional land use planning commissions.
Prescribes duties and powers of regional commissions. Provides
that chairs of regional commissions constitute Land Conservation
and Development Commission. Modifies duties and powers of state
commission.
Becomes operative on January 2, 2010.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to regional land use planning commissions; creating new
provisions; amending ORS 183.457, 183.530, 183.635, 195.020,
195.025, 195.034, 195.040, 195.085, 195.120, 195.145, 195.225,
195.260, 195.300, 196.107, 196.115, 196.485, 196.681, 197.015,
197.030, 197.040, 197.045, 197.047, 197.060, 197.070, 197.075,
197.090, 197.095, 197.175, 197.180, 197.225, 197.230, 197.251,
197.253, 197.254, 197.265, 197.274, 197.277, 197.283, 197.296,
197.299, 197.319, 197.320, 197.324, 197.328, 197.335, 197.340,
197.350, 197.395, 197.445, 197.505, 197.610, 197.625, 197.626,
197.628, 197.629, 197.633, 197.636, 197.637, 197.638, 197.639,
197.644, 197.646, 197.650, 197.651, 197.656, 197.658, 197.712,
197.717, 197.768, 197.825, 197.835, 197.840, 215.213, 215.263,
215.275, 215.278, 215.282, 215.283, 215.304, 215.306, 215.311,
215.457, 215.459, 215.503, 215.740, 215.780, 223.317, 227.186,
244.050, 284.577, 285C.500, 308A.065, 308A.350, 308A.700,
383.017, 390.322, 468A.363, 469.320 and 469.504; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2009 Act is added to and made
a part of ORS chapter 197. + }
SECTION 2. { + (1) There are established five regional land
use planning commissions, each consisting of seven members
appointed by the Governor, subject to confirmation by the Senate
in the manner provided by ORS 171.562 and 171.565.
(2) One regional land use planning commission shall operate in
each of the following areas:
(a) Region 1, which consists of Clatsop, Columbia, Coos, Curry,
Lincoln and Tillamook Counties and those portions of Douglas and
Lane Counties lying west of the summit of the Coast Range;
(b) Region 2, which consists of Clackamas, Multnomah and
Washington Counties;
(c) Region 3, which consists of Benton, Linn, Marion, Polk and
Yamhill Counties and that portion of Lane County lying east of
the summit of the Coast Range;
(d) Region 4, which consists of Jackson and Josephine Counties
and that portion of Douglas County lying east of the summit of
the Coast Range; and
(e) Region 5, which consists of Baker, Crook, Deschutes,
Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake,
Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco and
Wheeler Counties.
(3) The term of office of each member of a regional commission
is four years, but a member may be removed by the Governor for
cause. Before the expiration of the term of a member, the
Governor shall appoint a successor. A person may not serve more
than two full terms as a member of a regional commission.
(4) If there is a vacancy for any cause, the Governor shall
make an appointment to become immediately effective for the
unexpired term.
(5) The members of a regional commission shall elect a chair
from among the members.
(6) Pursuant to ORS chapters 195, 196 and 197, a regional
commission shall:
(a) Adopt, amend and revise rules necessary for the
implementation of statewide land use planning goals in the
region;
(b) Prepare, collect, provide or cause to be prepared,
collected or provided land use inventories for the region;
(c) Coordinate planning efforts of state agencies within the
region to ensure compliance with goals and compatibility with
city and county comprehensive plans;
(d) Ensure widespread citizen involvement and input in all
phases of the process;
(e) Review and recommend to the Land Conservation and
Development Commission the designation within the region of areas
of critical state concern;
(f) In accordance with ORS chapter 183, adopt rules that the
regional commission considers necessary to carry out its duties
under ORS chapters 195, 196 and 197. Except as provided in
subsection (7) of this section, in establishing its
administrative requirements and procedures, a regional commission
shall:
(A) Allow for the diverse administrative and planning
capabilities of local governments;
(B) Assess what economic and property interests will be, or are
likely to be, affected by a proposed rule;
(C) Assess the likely degree of economic impact on identified
property and economic interests; and
(D) Assess whether alternative actions are available that would
achieve the underlying lawful governmental objective and would
have a lesser economic impact;
(g) Cooperate with the appropriate agencies of the United
States, this state and its political subdivisions, any other
state, any interstate agency and any person or groups of persons
with respect to land conservation and development;
(h) Appoint advisory committees to aid the regional commission
in carrying out its duties under ORS chapters 195, 196 and 197
and to provide technical and other assistance, as the regional
commission considers necessary, to each advisory committee; and
(i) Perform other duties required by law.
(7) The requirements of subsection (6)(f) of this section may
not be interpreted as requiring an assessment for each lot or
parcel that could be affected by a proposed rule. + }
SECTION 3. 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 { + land use + }
planning goals.
(2) 'Board' means the Land Use Board of Appeals.
(3) 'Carport' means a stationary structure consisting of a roof
with its supports and not more than one wall, or storage cabinet
substituting for a wall, and used for sheltering a motor vehicle.
(4) 'Commission' means the Land Conservation and Development
Commission.
(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 { + land use + }
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 { + or a regional 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) That is made under land use standards that do not require
interpretation or the exercise of policy or legal judgment;
(B) That approves or denies a building permit issued under
clear and objective land use standards;
(C) That is a limited land use decision;
(D) That determines final engineering design, construction,
operation, maintenance, repair or preservation of a
transportation facility that is otherwise authorized by and
consistent with the comprehensive plan and land use regulations;
(E) That is an expedited land division as described in ORS
197.360;
(F) That approves, pursuant to ORS 480.450 (7), the siting,
installation, maintenance or removal of a liquid petroleum gas
container or receptacle regulated exclusively by the State Fire
Marshal under ORS 480.410 to 480.460; or
(G) That approves or denies approval of a final subdivision or
partition plat or that determines whether a final subdivision or
partition plat substantially conforms to the tentative
subdivision or partition plan;
(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; 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':
(a) Means a final decision or determination made by a local
government pertaining to a site within an urban growth boundary
that concerns:
(A) The approval or denial of a tentative subdivision or
partition plan, as described in ORS 92.040 (1).
(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.
(b) Does not mean a final decision made by a local government
pertaining to a site within an urban growth boundary that
concerns approval or denial of a final subdivision or partition
plat or that determines whether a final subdivision or partition
plat substantially conforms to the tentative subdivision or
partition plan.
(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 - } { + , and a regional land use planning
commission established under section 2 of this 2009 Act are
persons + }for purposes of appeal under ORS chapters 195 and
197. { +
(19) 'Regional commission' means a regional land use planning
commission established under section 2 of this 2009 Act. + }
{ - (19) - } { + (20) + } '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) - } { + (21) + } 'Urban unincorporated community'
means an area designated in a county's acknowledged comprehensive
plan as an urban unincorporated community after December 5, 1994.
{ - (21) - } { + (22) + } '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.
{ - (22) - } { + (23) + } '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 4. ORS 197.030 is amended to read:
197.030. { - (1) - } There is established a Land
Conservation and Development Commission { - consisting of seven
members appointed by the Governor, subject to confirmation by the
Senate pursuant to section 4, Article III, Oregon
Constitution - } . { + The members of the commission are the
chairs of the five regional land use planning commissions
established under section 2 of this 2009 Act. + }
{ - (2) The Governor shall appoint to the commission: - }
{ - (a) One member representing Clatsop, Columbia, Coos,
Curry, Lincoln and Tillamook Counties and those portions of
Douglas and Lane Counties lying west of the summit of the Coast
Range; - }
{ - (b) Two members representing Clackamas, Multnomah and
Washington Counties; - }
{ - (c) One member representing Benton, Linn, Marion, Polk
and Yamhill Counties and that portion of Lane County lying east
of the summit of the Coast Range; - }
{ - (d) One member representing Jackson and Josephine
Counties and that portion of Douglas County lying east of the
summit of the Coast Range; - }
{ - (e) One member representing Baker, Crook, Deschutes,
Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake,
Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco and
Wheeler Counties; and - }
{ - (f) One member representing Benton, Clackamas, Linn,
Marion, Multnomah, Polk, Washington and Yamhill Counties and that
portion of Lane County lying east of the summit of the Coast
Range. - }
{ - (3) At least one member shall be or have been an elected
city official in Oregon and at least one member shall be an
elected county official at the time of appointment. - }
{ - (4) The term of office of each member of the commission
is four years, but a member may be removed by the Governor for
cause. Before the expiration of the term of a member, the
Governor shall appoint a successor. No person shall serve more
than two full terms as a member of the commission. - }
{ - (5) If there is a vacancy for any cause, the Governor
shall make an appointment to become immediately effective for the
unexpired term. - }
SECTION 5. ORS 197.040 is amended to read:
197.040. (1) The Land Conservation and Development Commission
shall:
(a) Direct the performance by { + the five regional land use
planning commissions established under section 2 of this 2009
Act, + } 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) Establish administrative requirements and procedures
to guide the regional commissions in the oversight of the
implementation of the statewide land use planning goals in their
respective regions; and
(B) Guide the director and the Department of Land Conservation
and Development in performing their duties. + }
{ - (A) Allow for the diverse administrative and planning
capabilities of local governments; - }
{ - (B) Assess what economic and property interests will be,
or are likely to be, affected by the proposed rule; - }
{ - (C) Assess the likely degree of economic impact on
identified property and economic interests; and - }
{ - (D) 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 - } { + the
commission + } in carrying out ORS chapters 195, 196 and 197 and
{ + to + } provide technical and other assistance, as
{ - it - } { + the commission + } considers necessary, to each
{ - such - } { + advisory + } 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) - } { + (b) + } Prepare statewide planning
guidelines;
{ + (c) Review comprehensive plans and regional framework
plans for compliance with the statewide land use planning
goals; + }
{ - (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) - } { + (d) + } { - Insure - } { + Ensure + }
widespread citizen involvement and input in all phases of the
process;
{ - (g) - } { + (e) + } Review and recommend to the
Legislative Assembly the designation of areas of critical state
concern;
{ - (h) - } { + (f) + } Report periodically to the
Legislative Assembly and to the { + appropriate legislative + }
committee; { - and - }
{ + (g) Review the activities of regional commissions to
ensure that rules and decisions of each regional commission are
consistent with the statewide land use planning goals; and + }
{ - (i) - } { + (h) + } 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. - }
SECTION 6. ORS 197.045 is amended to read:
197.045. The Land Conservation and Development Commission
{ + or a regional commission + } may:
(1) Apply for and receive moneys from the federal government
and from this state or any of its agencies or departments.
(2) Contract with any public agency for the performance of
services or the exchange of employees or services by one to the
other necessary in carrying out { + its duties under + } ORS
chapters 195, 196 and 197.
(3) Contract for the services of and consultation with
professional persons or organizations, not otherwise available
through federal, state and local governmental agencies, in
carrying out its duties under ORS chapters 195, 196 and 197.
(4) Perform other functions required to carry out { + its
duties under + } ORS chapters 195, 196 and 197.
(5) Assist in development and preparation of model land use
regulations to guide state agencies, cities, counties and special
districts in implementing { + statewide land use planning + }
goals.
(6) Notwithstanding any other provision of law, review
comprehensive plan and land use regulations related to the
identification and designation of high-value farmland pursuant to
chapter 792, Oregon Laws 1993, under procedures set forth in ORS
197.251.
SECTION 7. 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 { + or the regional
commission for the region + } described in subsection (10) of
this section, the Department of Land Conservation and Development
shall cause the notice set forth in subsection (3) of this
section to be mailed to every affected local government that
exercises land use planning authority under ORS 197.175.
(3) 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 { + or the regional commission for the
region + } 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 { + or the regional commission for the
region + } will hold a public hearing regarding 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) also is available for purchase at a
cost of $___.
For additional information, contact the Department of Land
Conservation and Development at (telephone number).
_________________________________________________________________
(4) A local government that receives notice under subsection
(2) of this section shall cause the notice set forth in
subsection (5) 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.
(5) 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:
_________________________________________________________________
This is to notify you that the Land Conservation and
Development Commission { + or the regional commission for the
region + } 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 { + or the regional commission for the
region + } will hold a public hearing regarding adoption of
proposed (new or amended) rule (number). Adoption of the rule may
affect the permissible uses of your property, and other
properties in the affected zone, and may change 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).
_________________________________________________________________
(6) At least 90 days prior to the effective date of a new or
amended statute or administrative rule described in subsection
(10) of this section, the department shall cause the notice set
forth in subsection (7) of this section to be mailed to every
affected local government that exercises land use planning
authority under ORS 197.175 unless the statute or rule is
effective within 90 days of enactment or adoption, in which case
the department shall cause the notice to be mailed not later than
30 days after the statute or rule is effective.
(7) The notice required in subsection (6) 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 { + or the regional commission for the
region + } has adopted an administrative rule that may affect 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 may affect the
permissible uses of properties in your jurisdiction.
_________________________________________________________________
(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 { + or the regional commission for the
region + } adopted administrative rule (number). The { + Land
Conservation and Development Commission or the regional + }
commission { + for the region + } has determined that this 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 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 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).
_________________________________________________________________
(8) A local government that receives notice under subsection
(6) 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 notification was
provided pursuant to subsection (4) 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 { - statute or - } rule { + or
statute + } is effective within 90 days of
{ - enactment or - } adoption { + or enactment + }, in which
case 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 (6) of this section.
(9) The notice required in subsection (8) 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 { + or the regional commission for the
region + } has adopted an administrative rule that may affect 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 may affect 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 { + or the regional commission for the
region + } adopted administrative rule (number). The rule may
affect the permissible uses of your property, and other
properties in the affected zone { - , - } and may change 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 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 { + Commission or the regional
commission for the region + } has determined that enactment of
(House/Senate bill number) may affect the permissible uses of
your property, and other properties in the affected zone, and may
change the value of your property.
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).
_________________________________________________________________
(10) The provisions of this section apply to all statutes and
{ + to all + } administrative rules of the Land Conservation
and Development Commission { + or the regional commission for
the region + } that limit or prohibit otherwise permissible land
uses or cause a local government to rezone property. For purposes
of this section, property is rezoned when the statute or
administrative rule causes a local government to:
(a) Change the base zoning classification of the property; or
(b) Adopt or amend an ordinance in a manner that limits or
prohibits land uses previously allowed in the affected zone.
(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 { + or the
regional commission for the region + } and to notice of the
proposed rule; and
(b) All usual and reasonable costs of providing the notices
required under subsection (4) or (8) of this section.
SECTION 8. ORS 197.060 is amended to read:
197.060. (1) Prior to the end of each even-numbered year, the
Department of Land Conservation and Development shall prepare a
written report for submission to the Legislative Assembly
{ - of the State of Oregon - } describing activities and
accomplishments of the department, Land Conservation and
Development Commission, { + regional commissions, + } state
agencies, local governments and special districts in carrying out
ORS chapters 195, 196 and 197.
(2) A draft of the report required by subsection (1) of this
section shall be submitted to the appropriate legislative
committee at least 60 days prior to submission of the report to
the Legislative Assembly. Comments of the committee shall be
incorporated into the final report.
(3) Goals and guidelines adopted by the { + Land Conservation
and Development + } Commission { + under ORS 197.225 + } shall
be included in the report to the Legislative Assembly submitted
under subsection (1) of this section.
(4) The department shall include in its biennial report:
(a) A description of its activities implementing ORS 197.631;
and
(b) An accounting of new statutory, land use planning goal and
rule requirements and local government compliance with the new
requirements pursuant to ORS 197.646.
SECTION 9. ORS 197.070 is amended to read:
197.070. { + (1) + } The Land Conservation and Development
Commission shall keep on file and available for public inspection
the assessments prepared pursuant to ORS { - 197.040 and - }
197.230.
{ + (2) A regional commission shall keep on file and
available for public inspection the assessments prepared pursuant
to section 2 (6)(f) of this 2009 Act. + }
SECTION 10. ORS 197.075 is amended to read:
197.075. The Department of Land Conservation and Development is
established. The department { - shall consist - }
{ + consists + } of the Land Conservation and Development
Commission, { + the five regional land use planning commissions
established under section 2 of this 2009 Act, + } the Director of
the Department of Land Conservation and Development and their
subordinate officers and employees.
SECTION 11. ORS 197.090 is amended to read:
197.090. (1) Subject to policies adopted by the Land
Conservation and Development Commission, the Director of the
Department of Land Conservation and Development shall:
(a) Be the administrative head of the Department of Land
Conservation and Development.
(b) Coordinate the activities of the department in its land
conservation and development functions with such functions of
federal agencies, other state agencies, local governments and
special districts.
(c) Appoint, reappoint, assign and reassign all subordinate
officers and employees of the department, prescribe their duties
and fix their compensation, subject to the State Personnel
Relations Law.
(d) Represent this state before any agency of this state, any
other state or the United States with respect to land
conservation and development within this state.
(e) Provide clerical and other necessary support services for
the board.
(2)(a) Subject to local government requirements and the
provisions of ORS 197.830 to 197.845, the director may
participate in and seek review of a land use decision, expedited
land division or limited land use decision involving the goals,
acknowledged comprehensive plan or land use regulation or other
matter within the statutory authority of the department { + , + }
{ - or - } { + the commission or a regional + } commission
under ORS chapters 195, 196 and 197. The director shall report to
the commission { + or a regional commission, as appropriate, + }
on each case in which the department participates and on the
positions taken by the director in each case.
(b) If a { - meeting of the - } { + regional + } commission
is scheduled { + to meet + } prior to the close of the period
for seeking review of a land use decision, expedited land
division or limited land use decision { + in the region + },
the director shall obtain formal approval from the { +
regional + } commission prior to seeking review of the decision.
However, if the land use decision, expedited land division or
limited land use decision becomes final less than 15 days before
a meeting of the { + regional + } commission, the director shall
proceed as provided in paragraph (c) of this subsection. If the
director requests approval from the { + regional + } commission,
the applicant and the affected local government shall be notified
in writing that the director is seeking { + regional
+ }commission approval. The director, the applicant and the
affected local government shall be given reasonable time to
address the { + regional + } commission regarding the director's
request for approval to seek review. The parties shall limit
their testimony to the factors established under subsection (3)
of this section. { - No other testimony shall be taken by the
commission. - } { + The regional commission may not take other
testimony. + }
(c) If a { - meeting of the - } { + regional + } commission
is not scheduled { + to meet + } prior to the close of the
period for seeking review of a land use decision, expedited land
division or limited land use decision { + in the region + }, at
the next { - commission - } meeting { + of the regional
commission for the region + } the director shall report to the
{ + regional + } commission on each case for which the
department has sought review. The director shall request formal
approval to proceed with each appeal. The applicant and the
affected local government shall be notified of the
{ + regional + } commission meeting in writing by the director.
The director, the applicant and the affected local government
shall be given reasonable time to address the { + regional + }
commission regarding the director's request for approval to
proceed with the appeal. The parties shall limit their testimony
to the factors established under subsection (3) of this section.
{ - No other testimony shall be taken by the commission. - }
{ + The regional commission may not take other testimony. + } If
the { + regional + } commission does not formally approve an
appeal, the director shall file a motion with the appropriate
tribunal to dismiss the appeal.
(d) A decision by { - the - } { + a regional + } commission
under this subsection is not subject to appeal.
(e) For purposes of this subsection, 'applicant' means a person
seeking approval of a permit, as defined in ORS 215.402 or
227.160, expedited land division or limited land use decision.
(3) The commission by rule shall adopt a set of factors for
{ - the - } { + a regional + } commission to consider when
determining whether to appeal or intervene in the appeal of a
land use decision, expedited land division or limited land use
decision { + in the region + } that involves the application of
the goals, acknowledged comprehensive plan, land use regulation
or other matter within the authority of the department { - or
commission - } under ORS chapters 195, 196 and 197.
(4) The director may intervene in an appeal of a land use
decision, expedited land division or limited land use decision
brought by another person in the manner provided for an appeal by
the director under subsection (2)(b) and (c) of this section.
SECTION 12. ORS 197.095 is amended to read:
197.095. (1) There is established in the General Fund in the
State Treasury the Land Conservation and Development Account.
Moneys in the account are continuously appropriated { + to the
Department of Land Conservation and Development + } for the
purpose of carrying out ORS chapters 195, 196 and 197.
(2) All fees, moneys and other revenue received by the
Department of Land Conservation and Development shall be
deposited in the Land Conservation and Development Account.
SECTION 13. ORS 197.175 is amended to read:
197.175. (1) Cities and counties shall exercise their planning
and zoning responsibilities, including, but not limited to, a
city or special district boundary change which shall mean the
annexation of unincorporated territory by a city, the
incorporation of a new city and the formation or change of
organization of or annexation to any special district authorized
by ORS 198.705 to 198.955, 199.410 to 199.534 or 451.010 to
451.620, in accordance with ORS chapters 195, 196 and 197 and the
goals approved under ORS chapters 195, 196 and 197. The
{ - Land Conservation and Development Commission - }
{ + regional commissions + } shall adopt rules clarifying how
the goals apply to the incorporation of a new city.
{ - Notwithstanding the provisions of section 15, chapter 827,
Oregon Laws 1983, the rules shall take effect upon adoption by
the commission. The applicability of rules promulgated under this
section to the incorporation of cities prior to August 9, 1983,
shall be determined under the laws of this state. - }
(2) Pursuant to ORS chapters 195, 196 and 197, each city and
county in this state shall:
(a) Prepare, adopt, amend and revise comprehensive plans in
compliance with goals approved by the { + Land Conservation and
Development + } Commission;
(b) Enact land use regulations to implement their comprehensive
plans;
(c) If its comprehensive plan and land use regulations have not
been acknowledged by the { + regional + } commission { + for
the region + }, make land use decisions and limited land use
decisions in compliance with the goals;
(d) If its comprehensive plan and land use regulations have
been acknowledged by the { + regional + } commission { + for
the region + }, make land use decisions and limited land use
decisions in compliance with the acknowledged plan and land use
regulations; and
(e) Make land use decisions and limited land use decisions
subject to an unacknowledged amendment to a comprehensive plan or
land use regulation in compliance with those land use goals
applicable to the amendment.
(3) Notwithstanding subsection (1) of this section,
{ + neither + } the commission { - shall not - } { + nor a
regional commission may + } initiate by its own action any
annexation of unincorporated territory pursuant to ORS 222.111 to
222.750 or formation of and annexation of territory to any
district authorized by ORS 198.510 to 198.915 or 451.010 to
451.620.
SECTION 14. ORS 197.180 is amended to read:
197.180. (1) Except as provided in ORS 197.277 or subsection
(2) of this section or unless expressly exempted by another
statute from any of the requirements of this section, state
agencies shall carry out their planning duties, powers and
responsibilities and take actions that are authorized by law with
respect to programs affecting land use:
(a) In compliance with goals adopted or amended pursuant to ORS
chapters 195, 196 and 197; and
(b) In a manner compatible with:
(A) Comprehensive plans and land use regulations initially
acknowledged under ORS 197.251;
(B) Amendments to acknowledged comprehensive plans or land use
regulations or new land use regulations acknowledged under ORS
197.625; and
(C) Amendments to acknowledged comprehensive plans or land use
regulations or new land use regulations acknowledged through
periodic review.
(2) State agencies need not comply with subsection (1)(b) of
this section if the comprehensive plan or land use regulations
are inconsistent with a state agency plan or program relating to
land use that was not in effect at the time the local plan was
acknowledged, and the agency has demonstrated:
(a) That the plan or program is mandated by state statute or
federal law;
(b) That the plan or program is consistent with the goals;
(c) That the plan or program has objectives that cannot be
achieved in a manner consistent with the comprehensive plan and
land use regulations; and
(d) That the agency has complied with its certified state
agency coordination program.
(3) Upon request by { - the Land Conservation and Development
Commission - } { + a regional commission + }, each state agency
shall submit to the Department of Land Conservation and
Development { + by a specified date + } the following
information { + relating to the particular region + }:
(a) Agency rules and summaries of programs affecting land use;
(b) A program for coordination pursuant to { - ORS 197.040
(2)(e) - } { + section 2 (6)(c) of this 2009 Act + };
(c) A program for coordination pursuant to ORS 197.090 (1)(b);
and
(d) A program for cooperation with and technical assistance to
local governments.
(4) Within 90 days of receipt, the Director of the Department
of Land Conservation and Development shall review the information
submitted pursuant to subsection (3) of this section and shall
notify each agency if the director believes the rules and
programs submitted are insufficient to { - assure - }
{ + ensure + } compliance with goals and compatibility with city
and county comprehensive plans and land use regulations.
(5) Within 90 days of receipt of notification specified in
subsection (4) of this section, the agency may revise the rules
or programs and resubmit them to the director.
(6) The director shall make findings under subsections (4) and
(5) of this section as to whether the rules and programs are
sufficient to { - assure - } { + ensure + } compliance with
the goals and compatibility with acknowledged city and county
comprehensive plans and land use regulations { - , - } and
shall forward the rules and programs to the { + regional + }
commission { + for the region + } for its action. The
{ + regional + } commission shall either certify the rules and
programs as being in compliance with the goals and compatible
with the comprehensive plans and land use regulations of affected
local governments or shall determine the same to be insufficient
{ - by December 31, 1990 - } .
(7) The department shall report to the appropriate committee of
the House and the Senate and to the subcommittee of the Joint
{ + Committee on + } Ways and Means { - Committee - } that
considers the agency budget, any agency that has failed to meet
the requirements of subsection (6) of this section.
(8) Any agency that has failed to meet the requirements of
subsection (6) of this section shall report the reasons therefor
to the appropriate committee of the House and the Senate and to
the subcommittee of the Joint { + Committee on + } Ways and
Means
{ - Committee - } that considers the agency budget.
(9) Until state agency rules and programs are certified as
being in compliance with the goals and compatible with applicable
city and county comprehensive plans and land use regulations, the
agency shall make findings when adopting or amending its rules
and programs as to the applicability and application of the goals
or acknowledged comprehensive plans, as appropriate.
(10) { - The - } { + A regional + } commission shall adopt
rules establishing procedures to { - assure - }
{ + ensure + } that state agency permits affecting land use are
issued in compliance with the goals and compatible with
acknowledged comprehensive plans and land use regulations, as
required by subsection (1) of this section. The rules shall
prescribe the circumstances in which state agencies may rely upon
a determination of compliance or compatibility made by the
affected city or county. The rules shall allow a state agency to
rely upon a determination of compliance by a city or county
without an acknowledged comprehensive plan and land use
regulations only if the city or county determination is supported
by written findings demonstrating compliance with the goals.
(11) A state agency required to have a land use coordination
program shall participate in a local government land use hearing,
except a hearing under ORS 197.610 to 197.625, only in a manner
that is consistent with the coordination program, unless the
agency:
(a) Is exempt from coordination program requirements; or
(b) Participated in the local government's periodic review
pursuant to ORS 197.633 and raised the issue that is the basis
for participation in the land use hearing.
(12) In carrying out programs affecting land use, a state
agency is not compatible with an acknowledged comprehensive plan
if it takes or approves an action that is not allowed under the
plan. However, a state agency may apply statutes and rules
{ - which - } { + that + } the agency is required by law to
apply in order to deny, condition or further restrict an action
of the state agency or of any applicant before the state agency
provided it applies those statutes and rules to the uses planned
for in the acknowledged comprehensive plan.
(13) This section does not apply to rules, programs, decisions,
determinations or activities carried out under ORS 527.610 to
527.770, 527.990 (1) and 527.992.
SECTION 15. ORS 197.225 is amended to read:
197.225. The Department of Land Conservation and Development
shall prepare and the Land Conservation and Development
Commission shall adopt goals and guidelines for use by
{ - state agencies, - } { + regional commissions to ensure
that + } local governments and special districts { - in
preparing, adopting, amending and implementing existing and
future comprehensive plans - } { + prepare, adopt, amend and
implement comprehensive plans in a manner that complies with the
goals + }.
SECTION 16. ORS 197.230 is amended to read:
197.230. (1) In preparing, adopting and amending goals and
guidelines { + under ORS 197.225 + }, the Department of Land
Conservation and Development and the Land Conservation and
Development Commission shall:
(a) Assess:
(A) What economic and property interests will be, or are likely
to be, affected by the proposed goal or guideline;
(B) The likely degree of economic impact on identified property
and economic interests; and
(C) Whether alternative actions are available that would
achieve the underlying lawful governmental objective and would
have a lesser economic impact.
(b) Consider the existing comprehensive plans of local
governments and the plans and programs affecting land use of
state agencies and special districts in order to preserve
functional and local aspects of land conservation and
development.
(c) Give consideration to the following areas and activities:
(A) Lands adjacent to freeway interchanges;
(B) Estuarine areas;
(C) Tide, marsh and wetland areas;
(D) Lakes and lakeshore areas;
(E) Wilderness, recreational and outstanding scenic areas;
(F) Beaches, dunes, coastal headlands and related areas;
(G) Wild and scenic rivers and related lands;
(H) Floodplains and areas of geologic hazard;
(I) Unique wildlife habitats; and
(J) Agricultural land.
(d) Make a finding of statewide need for the adoption of any
new goal or the amendment of any existing goal.
(e) Design goals to allow a reasonable degree of flexibility in
the application of goals by state agencies, cities, counties and
special districts.
(2) Goals shall not be land management regulations for
specified geographic areas established through designation of an
area of critical state concern under ORS 197.405.
(3) The requirements of subsection (1)(a) of this section shall
not be interpreted as requiring an assessment for each lot or
parcel that could be affected by the proposed rule.
(4) The commission may exempt cities with a population less
than 10,000, or those areas of a county inside an urban growth
boundary that contain a population less than 10,000, from all or
any part of land use planning goals, guidelines and
administrative rules that relate to transportation planning.
SECTION 17. ORS 197.251 is amended to read:
197.251. (1) Upon the request of a local government, the
{ - Land Conservation and Development Commission - }
{ + regional commission for the region + } shall by order grant,
deny or continue acknowledgment of compliance of comprehensive
plan and land use regulations with the goals. A { + regional + }
commission order granting, denying or continuing acknowledgment
shall be entered within 90 days of the date of the request by the
local government unless the { + regional + } commission finds
that due to extenuating circumstances a period of time greater
than 90 days is required.
(2) In accordance with rules of the { + regional + }
commission, the Director of the Department of Land Conservation
and Development shall prepare a report for the { + regional + }
commission stating whether the comprehensive plan and land use
regulations for which acknowledgment is sought are in compliance
with the goals. The rules of { - the - } { + a regional + }
commission shall:
(a) Provide a reasonable opportunity for persons to prepare and
to submit to the director written comments and objections to the
acknowledgment request; and
(b) Authorize the director to investigate and in the report to
resolve issues raised in the comments and objections or by the
director's own review of the comprehensive plan and land use
regulations.
(3) Upon completion of the report and before the
{ + regional + } commission meeting at which the director's
report is to be considered, the director shall afford the local
government and persons who submitted written comments or
objections a reasonable opportunity to file written exceptions to
the report.
(4) { - The - } { + A regional + } commission's review of
the acknowledgment request shall be confined to the record of
proceedings before the local government, any comments, objections
and exceptions filed under subsections (2) and (3) of this
section and the { + director's + } report { - of the
director - } . Upon its consideration of an acknowledgment
request, the { + regional + } commission may entertain oral
argument from the director and from persons who filed written
comments, objections or exceptions. However, the
{ + regional + } commission { - shall - } { + may + } not
allow additional evidence or testimony that could have been
presented to the local government or to the director but was not.
(5) A { + regional + } commission order granting, denying or
continuing acknowledgment shall include a clear statement of
findings { - which - } { + that + } sets forth the basis for
the approval, denial or continuance of acknowledgment. The
findings shall:
(a) Identify the goals applicable to the comprehensive plan and
land use regulations; and
(b) Include a clear statement of findings in support of the
determinations of compliance and noncompliance.
(6) A { + regional + } commission order granting
acknowledgment shall be limited to an identifiable geographic
area described in the order if:
(a) Only the identified geographic area is the subject of the
acknowledgment request; or
(b) Specific geographic areas do not comply with the applicable
goals, and the goal requirements are not technical or minor in
nature.
(7) { - The - } { + A regional + } commission may issue a
limited acknowledgment order when a previously issued
acknowledgment order is reversed or remanded by the Court of
Appeals or the Oregon Supreme Court. { - Such - } A limited
acknowledgment order may deny or continue acknowledgment of that
part of the comprehensive plan or land use regulations that the
court found not in compliance { - or not consistent - } with
the goals and grant acknowledgment of all other parts of the
comprehensive plan and land use regulations.
(8) A limited acknowledgment order shall be considered an
acknowledgment for all purposes and shall be a final order for
purposes of judicial review with respect to the acknowledged
geographic area. A limited order may be adopted in conjunction
with a continuance or denial order.
(9) The director shall notify the Real Estate Agency, the local
government and all persons who filed comments or objections with
the director of any grant, denial or continuance of
acknowledgment.
(10) { - The - } { + A regional + } commission may grant a
planning extension, which shall be a grant of additional time for
a local government to comply with the goals in accordance with a
compliance schedule. A compliance schedule shall be a listing of
the tasks { - which - } { + that + } the local government
must complete in order to bring its comprehensive plan, land use
regulations, land use decisions and limited land use decisions
into initial compliance with the goals, including a generalized
time schedule showing when the tasks are estimated to be
completed and when a comprehensive plan or land use regulations
{ - which - } { + that + } comply with the goals are estimated
to be adopted. In developing a compliance schedule, the
{ + regional + } commission shall consider the population,
geographic area, resources and capabilities of the city or
county.
(11) As used in this section:
(a) 'Continuance' means a { + regional + } commission order
that:
(A) Certifies that all or part of a comprehensive plan, land
use regulations or both a comprehensive plan and land use
regulations do not comply with one or more goals;
(B) Specifies amendments or other action that must be completed
within a specified time period for acknowledgment to occur; and
(C) Is a final order for purposes of judicial review of the
comprehensive plan, land use regulations or both the
comprehensive plan and land use regulations as to the parts found
consistent or in compliance with the goals.
(b) 'Denial' means a { + regional + } commission order that:
(A) Certifies that a comprehensive plan, land use regulations
or both a comprehensive plan and land use regulations do not
comply with one or more goals;
(B) Specifies amendments or other action that must be completed
for acknowledgment to occur; and
(C) Is used when the amendments or other changes required in
the comprehensive plan, land use regulations or both the
comprehensive plan and land use regulations affect many goals and
are likely to take a substantial period of time to complete.
SECTION 18. ORS 197.253 is amended to read:
197.253. Notwithstanding { - the provisions of - } ORS
197.251 (2)(a), a person may not submit written comments and
objections to the acknowledgment request of any city or county
that submits its plan or regulations to the { - Land
Conservation and Development Commission - } { + regional
commission for the region + } for acknowledgment
{ - for the first time after August 9, 1983, - } unless the
person participated either orally or in writing in the local
government proceedings leading to the adoption of the plan and
regulations.
SECTION 19. ORS 197.254 is amended to read:
197.254. (1) A state agency shall be barred after the date set
for submission of programs by { - the Land Conservation and
Development Commission - } { + a regional commission + } as
provided in ORS 197.180 (3), from contesting a request for
acknowledgment submitted by a local government under ORS 197.251
or from filing an appeal under ORS 197.620 (1) or (2), if the
{ + regional + } commission finds that:
(a) The state agency has not complied with ORS 197.180; or
(b) The state agency has not coordinated its plans, programs or
rules affecting land use with the comprehensive plan or land use
regulations of the city or county pursuant to a coordination
program approved by the { + regional + }commission { + for the
region + } under ORS 197.180.
(2) A state agency shall be barred from seeking a
{ + regional + } commission order under ORS 197.644 requiring
amendment of a local government comprehensive plan or land use
regulation in order to comply with the agency's plan or program
unless the agency has first requested the amendment from the
local government and has had its request denied.
(3) A special district shall be barred from contesting a
request for initial compliance acknowledgment submitted by a
local government under ORS 197.251 or from filing an appeal under
ORS 197.620 (1) or (2), if the county or Metropolitan Service
District assigned coordinative functions under ORS 195.025 (1)
finds that:
(a) The special district has not entered into a cooperative
agreement under ORS 195.020; or
(b) The special district has not coordinated its plans,
programs or regulations affecting land use with the comprehensive
plan or land use regulations of the local government pursuant to
its cooperative agreement made under ORS 195.020.
(4) A special district shall be barred from seeking a { +
regional + } commission order under ORS 197.644 requiring
amendment of a local government comprehensive plan or land use
regulation in order to comply with the special district's plan or
program unless the special district has first requested the
amendment from the local government and has had its request
denied.
SECTION 20. ORS 197.265 is amended to read:
197.265. (1) As used in this section, 'action' includes but is
not limited to a proceeding under ORS 197.830 to 197.845.
(2) If any action is brought against a local government
challenging any comprehensive plan, land use regulation or other
action of the local government { - which - } { + that + } was
adopted or taken for the primary purpose of complying with the
goals approved under ORS 197.240 and { - which - }
{ + that + } does in fact comply with the goals, then the
{ + Department of + } Land Conservation and Development
{ - Commission - } shall pay reasonable attorney fees and
court costs incurred by { - such - } { + the + } local
government in the action or suit including any appeal, to the
extent { - funds have been specifically appropriated to the
commission therefor - } { + the Legislative Assembly has
appropriated moneys to the department specifically for that
purpose + }.
SECTION 21. ORS 197.274 is amended to read:
197.274. (1) The Metro regional framework plan, its separate
components and amendments to the regional framework plan or to
its separate components are subject to review:
(a) For compliance with land use planning statutes, statewide
land use planning goals and administrative rules corresponding to
the statutes and goals, in the same manner as a comprehensive
plan for purposes of:
(A) Acknowledgment of compliance with the goals under ORS
197.251; and
(B) Post-acknowledgment procedures under ORS 197.610 to
197.650; and
(b) As a land use decision under ORS 197.805 to 197.855 and
197.860.
(2) With the prior consent of the { - Land Conservation and
Development Commission - } { + regional commission for the
region + }, Metro may submit to the Department of Land
Conservation and Development an amendment to the Metro regional
framework plan or to a component of the regional framework plan
in the manner provided for periodic review under ORS 197.628 to
197.650, if the amendment implements a program to meet the
requirements of a land use planning statute, a statewide land use
planning goal or an administrative rule corresponding to a
statute or goal.
SECTION 22. ORS 197.277 is amended to read:
197.277. (1) The goals and rules established in ORS chapters
195, 196 and 197 do not apply to programs, rules, procedures,
decisions, determinations or activities carried out under the
Oregon Forest Practices Act administered under ORS 527.610 to
527.770, 527.990 (1) and 527.992.
(2) No goal or rule shall be adopted, construed or administered
in a manner to require or allow local governments to take any
action prohibited by ORS 527.722.
(3) The Land Conservation and Development Commission shall
amend goals and rules { + , and a regional commission shall amend
rules, + } as necessary to implement { + this section and + }
ORS 197.180,
{ - 197.277, - } 197.825, 215.050, 477.090, 477.440, 477.455,
477.460, 526.009, 526.016, 526.156, 527.620, 527.630, 527.660,
527.670, 527.683 to 527.687, 527.715, 527.990 and 527.992.
SECTION 23. ORS 197.283 is amended to read:
197.283. (1) The { - Land Conservation and Development
Commission - } { + regional commission for the region + } shall
take actions
{ - it - } { + the regional commission + } considers
necessary to { - assure - } { + ensure + } that city and
county comprehensive plans and land use regulations and state
agency coordination programs { + within the region + } are
consistent with the goal set forth in ORS 468B.155.
(2) The { + regional + } commission shall direct the
Department of Land Conservation and Development to take actions
the department considers appropriate to { - assure - }
{ + ensure + } that any information contained in a city or
county comprehensive plan that pertains to the ground water
resource of Oregon { - shall be - } { + is + } forwarded to
the centralized repository established under ORS 468B.167.
SECTION 24. ORS 197.296 is amended to read:
197.296. (1)(a) The provisions of this section apply to
metropolitan service district regional framework plans and local
government comprehensive plans for lands within the urban growth
boundary of a city that is located outside of a metropolitan
service district and has a population of 25,000 or more.
(b) The { - Land Conservation and Development Commission - }
{ + regional commission for the region + } may establish a set
of factors under which additional cities are subject to the
provisions of this section. In establishing the set of factors
required under this paragraph, the { + regional + } commission
shall consider the size of the city, the rate of population
growth of the city or the proximity of the city to another city
with a population of 25,000 or more or to a metropolitan service
district.
(2) At periodic review pursuant to ORS 197.628 to 197.650 or at
any other legislative review of the comprehensive plan or
regional plan that concerns the urban growth boundary and
requires the application of a statewide { + land use + }
planning goal relating to buildable lands for residential use, a
local government shall demonstrate that its comprehensive plan or
regional plan provides sufficient buildable lands within the
urban growth boundary established pursuant to statewide { + land
use + } planning goals to accommodate estimated housing needs for
20 years. The 20-year period shall commence on the date initially
scheduled for completion of the periodic or legislative review.
(3) In performing the duties under subsection (2) of this
section, a local government shall:
(a) Inventory the supply of buildable lands within the urban
growth boundary and determine the housing capacity of the
buildable lands; and
(b) Conduct an analysis of housing need by type and density
range, in accordance with ORS 197.303 and statewide { + land
use + } planning goals and rules relating to housing, to
determine the number of units and amount of land needed for each
needed housing type for the next 20 years.
(4)(a) For the purpose of the inventory described in subsection
(3)(a) of this section, 'buildable lands' includes:
(A) Vacant lands planned or zoned for residential use;
(B) Partially vacant lands planned or zoned for residential
use;
(C) Lands that may be used for a mix of residential and
employment uses under the existing planning or zoning; and
(D) Lands that may be used for residential infill or
redevelopment.
(b) For the purpose of the inventory and determination of
housing capacity described in subsection (3)(a) of this section,
the local government must demonstrate consideration of:
(A) The extent that residential development is prohibited or
restricted by local regulation and ordinance, state law and rule
or federal statute and regulation;
(B) A written long term contract or easement for radio,
telecommunications or electrical facilities, if the written
contract or easement is provided to the local government; and
(C) The presence of a single family dwelling or other structure
on a lot or parcel.
(c) Except for land that may be used for residential infill or
redevelopment, a local government shall create a map or document
that may be used to verify and identify specific lots or parcels
that have been determined to be buildable lands.
(5)(a) Except as provided in paragraphs (b) and (c) of this
subsection, the determination of housing capacity and need
pursuant to subsection (3) of this section must be based on data
relating to land within the urban growth boundary that has been
collected since the last periodic review or five years, whichever
is greater. The data shall include:
(A) The number, density and average mix of housing types of
urban residential development that have actually occurred;
(B) Trends in density and average mix of housing types of urban
residential development;
(C) Demographic and population trends;
(D) Economic trends and cycles; and
(E) The number, density and average mix of housing types that
have occurred on the buildable lands described in subsection
(4)(a) of this section.
(b) A local government shall make the determination described
in paragraph (a) of this subsection using a shorter time period
than the time period described in paragraph (a) of this
subsection if the local government finds that the shorter time
period will provide more accurate and reliable data related to
housing capacity and need. The shorter time period may not be
less than three years.
(c) A local government shall use data from a wider geographic
area or use a time period for economic cycles and trends longer
than the time period described in paragraph (a) of this
subsection if the analysis of a wider geographic area or the use
of a longer time period will provide more accurate, complete and
reliable data relating to trends affecting housing need than an
analysis performed pursuant to paragraph (a) of this subsection.
The local government must clearly describe the geographic area,
time frame and source of data used in a determination performed
under this paragraph.
(6) If the housing need determined pursuant to subsection
(3)(b) of this section is greater than the housing capacity
determined pursuant to subsection (3)(a) of this section, the
local government shall take one or more of the following actions
to accommodate the additional housing need:
(a) Amend its urban growth boundary to include sufficient
buildable lands to accommodate housing needs for the next 20
years. As part of this process, the local government shall
consider the effects of measures taken pursuant to paragraph (b)
of this subsection. The amendment shall include sufficient land
reasonably necessary to accommodate the siting of new public
school facilities. The need and inclusion of lands for new public
school facilities shall be a coordinated process between the
affected public school districts and the local government that
has the authority to approve the urban growth boundary;
(b) Amend its comprehensive plan, regional plan, functional
plan or land use regulations to include new measures that
demonstrably increase the likelihood that residential development
will occur at densities sufficient to accommodate housing needs
for the next 20 years without expansion of the urban growth
boundary. A local government or metropolitan service district
that takes this action shall monitor and record the level of
development activity and development density by housing type
following the date of the adoption of the new measures; or
(c) Adopt a combination of the actions described in paragraphs
(a) and (b) of this subsection.
(7) Using the analysis conducted under subsection (3)(b) of
this section, the local government shall determine the overall
average density and overall mix of housing types at which
residential development of needed housing types must occur in
order to meet housing needs over the next 20 years. If that
density is greater than the actual density of development
determined under subsection (5)(a)(A) of this section, or if that
mix is different from the actual mix of housing types determined
under subsection (5)(a)(A) of this section, the local government,
as part of its periodic review, shall adopt measures that
demonstrably increase the likelihood that residential development
will occur at the housing types and density and at the mix of
housing types required to meet housing needs over the next 20
years.
(8)(a) A local government outside a metropolitan service
district that takes any actions under subsection (6) or (7) of
this section shall demonstrate that the comprehensive plan and
land use regulations comply with goals and rules adopted by the
{ - commission - } { + Land Conservation and Development
Commission and rules adopted by the regional commission for the
region + } and implement ORS 197.295 to 197.314.
(b) The local government shall determine the density and mix of
housing types anticipated as a result of actions taken under
subsections (6) and (7) of this section and monitor and record
the actual density and mix of housing types achieved. The local
government shall compare actual and anticipated density and mix.
The local government shall submit its comparison to the
{ + regional + } commission at the next periodic review or at
the next legislative review of its urban growth boundary,
whichever comes first.
(9) In establishing that actions and measures adopted under
subsections (6) or (7) of this section demonstrably increase the
likelihood of higher density residential development, the local
government shall at a minimum ensure that land zoned for needed
housing is in locations appropriate for the housing types
identified under subsection (3) of this section and is zoned at
density ranges that are likely to be achieved by the housing
market using the analysis in subsection (3) of this section.
Actions or measures, or both, may include but are not limited to:
(a) Increases in the permitted density on existing residential
land;
(b) Financial incentives for higher density housing;
(c) Provisions permitting additional density beyond that
generally allowed in the zoning district in exchange for
amenities and features provided by the developer;
(d) Removal or easing of approval standards or procedures;
(e) Minimum density ranges;
(f) Redevelopment and infill strategies;
(g) Authorization of housing types not previously allowed by
the plan or regulations;
(h) Adoption of an average residential density standard; and
(i) Rezoning or redesignation of nonresidential land.
SECTION 25. ORS 197.299 is amended to read:
197.299. (1) A metropolitan service district organized under
ORS chapter 268 shall complete the inventory, determination and
analysis required under ORS 197.296 (3) not later than five years
after completion of the previous inventory, determination and
analysis.
(2)(a) The metropolitan service district shall take such action
as necessary under ORS 197.296 (6)(a) to accommodate one-half of
a 20-year buildable land supply determined under ORS 197.296 (3)
within one year of completing the analysis.
(b) The metropolitan service district shall take all final
action under ORS 197.296 (6)(a) necessary to accommodate a
20-year buildable land supply determined under ORS 197.296 (3)
within two years of completing the analysis.
(c) The metropolitan service district shall take action under
ORS 197.296 (6)(b), within one year after the analysis required
under ORS 197.296 (3)(b) is completed, to provide sufficient
buildable land within the urban growth boundary to accommodate
the estimated housing needs for 20 years from the time the
actions are completed. The metropolitan service district shall
consider and adopt new measures that the governing body deems
appropriate under ORS 197.296 (6)(b).
(3) The { - Land Conservation and Development Commission - }
{ + regional commission for the region + } may grant an
extension to the time limits of subsection (2) of this section if
the Director of the Department of Land Conservation and
Development determines that the metropolitan service district has
provided good cause for failing to meet the time limits.
(4)(a) The metropolitan service district shall establish a
process to expand the urban growth boundary to accommodate a need
for land for a public school that cannot reasonably be
accommodated within the existing urban growth boundary. The
metropolitan service district shall design the process to:
(A) Accommodate a need that must be accommodated between
periodic analyses of urban growth boundary capacity required by
subsection (1) of this section; and
(B) Provide for a final decision on a proposal to expand the
urban growth boundary within four months after submission of a
complete application by a large school district as defined in ORS
195.110.
(b) At the request of a large school district, the metropolitan
service district shall assist the large school district to
identify school sites required by the school facility planning
process described in ORS 195.110. A need for a public school is a
specific type of identified land need under ORS 197.298 (3).
SECTION 26. ORS 197.319 is amended to read:
197.319. (1) Before a person may request adoption of an
enforcement order under ORS 197.320, the person shall:
(a) Present the reasons, in writing, for such an order to the
affected local government; and
(b) Request:
(A) Revisions to the local comprehensive plan, land use
regulations, special district cooperative or urban service
agreement or decision-making process which is the basis for the
order; or
(B) That an action be taken regarding the local comprehensive
plan, land use regulations, special district agreement or
decision-making process that is the basis for the order.
(2)(a) The local government or special district shall issue a
written response to the request within 60 days of the date the
request is mailed to the local government or special district.
(b) The requestor and the local government or special district
may enter into mediation to resolve issues in the request. The
Department of Land Conservation and Development shall provide
mediation services when jointly requested by the local government
or special district and the requestor.
(c) If the local government or special district does not act in
a manner { - which - } { + that + } the requestor believes is
adequate to address the issues raised in the request within the
time period provided in paragraph (a) of this subsection, a
petition may be presented to the { - Land Conservation and
Development Commission - } { + regional commission for the
region + } under ORS 197.324.
(3) A metropolitan service district may request an enforcement
order under ORS 197.320 (12) without first complying with
subsections (1) and (2) of this section.
SECTION 27. ORS 197.320 is amended to read:
197.320. The { - Land Conservation and Development
Commission - } { + regional commission for the region + } shall
issue an order requiring a local government, state agency or
special district to take action necessary to bring its
comprehensive plan, land use regulation, limited land use
decisions or other land use decisions into compliance with the
goals, acknowledged comprehensive plan provisions or land use
regulations if the { + regional + } commission has good cause to
believe:
(1) A comprehensive plan or land use regulation adopted by a
local government not on a compliance schedule is not in
compliance with the goals by the date set in ORS 197.245 or
197.250 for such compliance;
(2) A plan, program, rule or regulation affecting land use
adopted by a state agency or special district is not in
compliance with the goals by the date set in ORS 197.245 or
197.250 for such compliance;
(3) A local government is not making satisfactory progress
toward performance of its compliance schedule;
(4) A state agency is not making satisfactory progress in
carrying out its coordination agreement or the requirements of
ORS 197.180;
(5) A local government has no comprehensive plan or land use
regulation and is not on a compliance schedule directed to
developing the plan or regulation;
(6) A local government has engaged in a pattern or practice of
decision making that violates an acknowledged comprehensive plan
or land use regulation. In making its determination under this
subsection, the { + regional + } commission shall determine
whether there is evidence in the record to support the decisions
made. The { + regional + } commission { - shall - }
{ + may + } not judge the issue solely upon adequacy of the
findings in support of the decisions;
(7) A local government has failed to comply with a
{ + regional + } commission order entered under ORS 197.644;
(8) A special district has engaged in a pattern or practice of
decision-making that violates an acknowledged comprehensive plan
or cooperative agreement adopted pursuant to ORS 197.020;
(9) A special district is not making satisfactory progress
toward performance of its obligations under ORS chapters 195 and
197;
(10) A local government is applying approval standards, special
conditions on approval of specific development proposals or
procedures for approval that do not comply with ORS 197.307 (6);
or
(11) A local government is not making satisfactory progress
toward meeting its obligations under ORS 195.065.
(12) A local government within the jurisdiction of a
metropolitan service district has failed to make changes to the
comprehensive plan or land use regulations to comply with the
regional framework plan of the district or has engaged in a
pattern or practice of decision-making that violates a
requirement of the regional framework plan.
SECTION 28. ORS 197.324 is amended to read:
197.324. (1) { - On its own motion, - } The Land
Conservation and Development Commission may { + direct the
regional commission for the region to + } initiate a proceeding
to carry out the provisions of ORS 197.320. If the
{ + regional + } commission proceeds on its own motion,
{ - it - } { + the regional commission + } shall proceed as
set forth in ORS 197.328.
(2)(a) After a person meets the requirements of ORS 197.319,
the person may file a petition to request that the
{ + regional + } commission { + for the region + } consider the
matter. Filing occurs upon mailing the petition to the Department
of Land Conservation and Development.
(b) The { + regional + } commission shall determine if there
is good cause to proceed on the petition.
(c) If the { + regional + } commission determines that there
is not good cause to proceed on the petition, the
{ + regional + } commission shall issue a final order dismissing
the petition, stating the reasons { - therefor - } { + for
dismissal + }.
(d) If the { + regional + } commission determines that there
is good cause to proceed on the petition, the { + regional + }
commission shall proceed as set forth in ORS 197.328.
(3) Following initiation of a proceeding under subsection (1)
of this section or a determination by the { + regional + }
commission that there is good cause to proceed on a petition
under subsection (2) of this section, the affected local
government shall include the following disclosure in any
subsequent notice of a land use decision that could be affected
by the enforcement order:
_________________________________________________________________
NOTICE: THE { - OREGON LAND CONSERVATION AND DEVELOPMENT
COMMISSION - } { + REGIONAL LAND USE PLANNING COMMISSION FOR
REGION ___ + } HAS FOUND GOOD CAUSE FOR AN ENFORCEMENT PROCEEDING
AGAINST _____ (Name of local government). AN ENFORCEMENT ORDER
MAY BE EVENTUALLY ADOPTED THAT COULD LIMIT, PROHIBIT OR REQUIRE
APPLICATION OF SPECIFIED CRITERIA TO ANY ACTION AUTHORIZED BY
THIS DECISION BUT NOT APPLIED FOR UNTIL AFTER ADOPTION OF THE
ENFORCEMENT ORDER. FUTURE APPLICATIONS FOR BUILDING PERMITS OR
ANY TIME EXTENSIONS MAY BE AFFECTED.
_________________________________________________________________
SECTION 29. ORS 197.328 is amended to read:
197.328. If a proceeding is initiated under ORS 197.324, the
following procedures apply:
(1) The { - Land Conservation and Development Commission - }
{ + regional commission for the region + } shall hold a hearing
to consider the petition or shall appoint a hearings officer to
consider the petition under the provisions of ORS chapter 183
applicable to contested cases, except as otherwise provided in
this section.
(2) The { + regional + } commission or hearings officer shall
schedule a hearing within 45 days of receipt of the petition.
(3) If the { + regional + } commission appoints a hearings
officer, the hearings officer shall prepare a proposed order,
including recommended findings and conclusions of law. The
proposed order shall be served on the Department of Land
Conservation and Development and all parties to the hearing
within 30 days of the date the record closed.
(4) If the { + regional + } commission appoints a hearings
officer, the commission review of the proposed order shall be
limited to the record of proceedings before the hearings officer.
In its review of a proposed order, the { + regional + }
commission { - shall - } { + may + } not receive new evidence
but shall hear arguments as to the proposed order and any
exceptions. Any exception to the proposed order shall be filed
with the { + regional + } commission no later than 15 days
following issuance of the proposed order.
(5) The { + regional + } commission shall adopt a final order
relative to a petition no later than 120 days from the date the
petition was filed.
SECTION 30. ORS 197.335 is amended to read:
197.335. (1) An order issued under ORS 197.328 and the copy of
the order mailed to the local government, state agency or special
district shall set forth:
(a) The nature of the noncompliance, including, but not limited
to, the contents of the comprehensive plan or land use
regulation, if any, of a local government that do not comply with
the goals or the contents of a plan, program or regulation
affecting land use adopted by a state agency or special district
that do not comply with the goals. In the case of a pattern or
practice of decision-making { - which - } { + that + }
violates the goals, comprehensive plan or land use regulations,
the order shall specify the decision-making { - which - }
{ + that + } constitutes the pattern or practice, including
specific provisions the { - Land Conservation and Development
Commission - } { + regional commission for the region + }
believes are being misapplied;
(b) The specific lands, if any, within a local government for
which the existing plan or land use regulation, if any, does not
comply with the goals; and
(c) The corrective action decided upon by the { + regional + }
commission, including the specific requirements, with which the
local government, state agency or special district must comply.
In the case of a pattern or practice of decision-making that
violates an acknowledged comprehensive plan or land use
regulation, the { + regional + } commission may require
revisions to the comprehensive plan, land use regulations or
local procedures { - which - } { + that + } the { +
regional + } commission believes are necessary to correct the
pattern or practice. Notwithstanding the provisions of this
section, except as provided in subsection (3)(c) of this section,
an enforcement order does not affect:
(A) Land use applications filed with a local government prior
to the date of adoption of the enforcement order unless
specifically identified by the order;
(B) Land use approvals issued by a local government prior to
the date of adoption of the enforcement order; or
(C) The time limit for exercising land use approvals issued by
a local government prior to the date of adoption of the
enforcement order.
(2) Judicial review of a final order of the { + regional + }
commission shall be governed by the provisions of ORS chapter 183
applicable to contested cases except as otherwise stated in this
section. The { + regional + } commission's final order shall
include a clear statement of findings { - which set - }
{ + that sets + } forth the basis for the order. Where a
petition to review the order has been filed in the Court of
Appeals, the { + regional + } commission shall transmit to the
court the entire administrative record of the proceeding under
review. Notwithstanding ORS 183.482 (3) relating to a stay of
enforcement of an agency order, an appellate court, before it may
stay an order of the { + regional + } commission, shall give due
consideration to the public interest in the continued enforcement
of the { + regional + } commission's order and may consider
testimony or affidavits thereon. Upon review, an appellate court
may affirm, reverse, modify or remand the order. The court shall
reverse, modify or remand the order only if it finds:
(a) The order to be unlawful in substance or procedure, but
error in procedure shall not be cause for reversal, modification
or remand unless the court shall find that substantial rights of
any party were prejudiced thereby;
(b) The order to be unconstitutional;
(c) The order is invalid because it exceeds the statutory
authority of the agency; or
(d) The order is not supported by substantial evidence in the
whole record.
(3)(a) If the { + regional + } commission finds that in the
interim period during which a local government, state agency or
special district would be bringing itself into compliance with
the { + regional + } commission's order under ORS 197.320 or
subsection (2) of this section it would be contrary to the public
interest in the conservation or sound development of land to
allow the continuation of some or all categories of land use
decisions or limited land use decisions, it shall, as part of its
order, limit, prohibit or require the approval by the local
government of applications for subdivisions, partitions, building
permits, limited land use decisions or land use decisions until
the plan, land use regulation or subsequent land use decisions
and limited land use decisions are brought into compliance. The
{ + regional + } commission may issue an order that requires
review of local decisions by a hearings officer or the Department
of Land Conservation and Development before the local decision
becomes final.
(b) Any requirement under this subsection may be imposed only
if the { + regional + } commission finds that the activity, if
continued, aggravates the goal, comprehensive plan or land use
regulation violation and that the requirement is necessary to
correct the violation.
(c) The limitations on enforcement orders under subsection
(1)(c)(B) of this section { - shall - } { + may + } not be
interpreted to affect the { + regional + } commission's
authority to limit, prohibit or require application of specified
criteria to subsequent land use decisions involving land use
approvals issued by a local government prior to the date of
adoption of the enforcement order.
(4) As part of its order under ORS 197.320 or subsection (2) of
this section, the { + regional + } commission may withhold grant
funds from the local government to which the order is directed.
As part of an order issued under this section, the
{ + regional + } commission may notify the officer responsible
for disbursing state-shared revenues to withhold that portion of
state-shared revenues to which the local government is entitled
under ORS 221.770, 323.455, 366.762 and 366.800 and ORS chapter
471 { - which - } { + that + } represents the amount of state
planning grant moneys previously provided the local government by
the { - commission - } { + department + }. The officer
responsible for disbursing state-shared revenues shall withhold
state-shared revenues as outlined in this section and shall
release funds to the local government or department when notified
to so do by the { + regional + } commission or its designee. The
{ + regional + } commission may retain a portion of the withheld
revenues to cover costs of providing services incurred under the
order, including use of a hearings officer or staff resources to
monitor land use decisions and limited land use decisions or
conduct hearings. The remainder of the funds withheld under this
{ - provision - } { + subsection + } shall be released to the
local government upon completion of requirements of the
{ + regional + } commission order.
(5)(a) As part of its order under this section, the
{ + regional + } commission may notify the officer responsible
for disbursing funds from any grant or loan made by a state
agency to withhold such funds from a special district to which
the order is directed. The officer responsible for disbursing
funds shall withhold funds as outlined in this section and shall
release funds to the special district or department when notified
to do so by the { + regional + } commission.
(b) The { + regional + } commission may retain a portion of
the funds withheld to cover costs of providing services incurred
under the order, including use of a hearings officer or staff
resources to monitor land use decisions and limited land use
decisions or conduct hearings. The remainder of the funds
withheld under this
{ - provision - } { + subsection + } shall be released to the
special district upon completion of the requirements of the
{ + regional + } commission order.
(6) The { + regional + } commission may institute actions or
proceedings for legal or equitable remedies in the Circuit Court
for Marion County or in the circuit court for the county to which
the { + regional + } commission's order is directed or within
which all or a portion of the applicable city is located to
enforce compliance with the provisions of any order issued under
this section or to restrain violations thereof. Such actions or
proceedings may be instituted without the necessity of prior
agency notice, hearing and order on an alleged violation.
SECTION 31. ORS 197.340 is amended to read:
197.340. (1) The { - Land Conservation and Development
Commission, the - } Department of Land Conservation and
Development, other state agencies and local governments shall
give the goals equal weight in any matter in which the goals are
required to be applied.
(2) The { - commission and the - } department shall consider
and recognize regional diversity and differences in regional
needs when making or reviewing a land use decision or otherwise
applying the goals.
SECTION 32. ORS 197.350 is amended to read:
197.350. (1) A party appealing a land use decision or limited
land use decision made by a local government to the { - board
or - } { + Land Use Board of Appeals or the Department of + }
Land Conservation and Development { - Commission - } has the
burden of persuasion.
(2) A local government that claims an exception to a goal
adopted by the { + Land Conservation and Development + }
Commission has the burden of persuasion.
(3) There shall be no burden of proof in administrative
proceedings under ORS chapters 195, 196 and 197.
SECTION 33. ORS 197.395 is amended to read:
197.395. (1) Any person or public agency desiring to initiate
an activity { - which - } { + that + } the state may regulate
or control and
{ - which - } { + that + } occurs upon federal land shall
apply to the local government in which the activity will take
place for a permit. The application shall contain an explanation
of the activity to be initiated, the plans for the activity and
any other information required by the local government as
prescribed by rule of the
{ - Land Conservation and Development Commission - } { +
regional commission for the region + }.
(2) If the local government finds after review of the
application that the proposed activity complies with goals and
the comprehensive plans of the local government affected by the
activity, { - it - } { + the local government + } shall
approve the application and issue a permit for the activity to
the person or public agency applying for the permit. If the
governing body does not approve or disapprove the permit within
60 days of receipt of the application, the application shall be
considered approved.
(3) The local government may prescribe and include in the
permit any conditions or restrictions that { - it - } { + the
local government + } considers necessary to { - assure - }
{ + ensure + } that the activity complies with the goals and the
comprehensive plans of the local governments affected by the
activity.
(4) Actions pursuant to this section are subject to review
under ORS 197.830 to 197.845.
SECTION 34. ORS 197.445 is amended to read:
197.445. A destination resort is a self-contained development
that provides for visitor-oriented accommodations and developed
recreational facilities in a setting with high natural amenities.
To qualify as a destination resort under ORS 30.947, 197.435 to
197.467, 215.213, 215.283 and 215.284, a proposed development
must meet the following standards:
(1) The resort must be located on a site of 160 acres or more
except within two miles of the ocean shoreline where the site
shall be 40 acres or more.
(2) At least 50 percent of the site must be dedicated to
permanent open space, excluding streets and parking areas.
(3) At least $7 million must be spent on improvements for
on-site developed recreational facilities and visitor-oriented
accommodations exclusive of costs for land, sewer and water
facilities and roads. Not less than one-third of this amount must
be spent on developed recreational facilities.
(4) Visitor-oriented accommodations including meeting rooms,
restaurants with seating for 100 persons and 150 separate
rentable units for overnight lodging shall be provided. However,
the rentable overnight lodging units may be phased in as follows:
(a) On lands not described in paragraph (b) of this subsection:
(A) A total of 150 units of overnight lodging must be provided.
(B) At least 75 units of overnight lodging, not including any
individually owned homes, lots or units, must be constructed or
guaranteed through surety bonding or equivalent financial
assurance prior to the closure of sale of individual lots or
units.
(C) The remaining overnight lodging units must be provided as
individually owned lots or units subject to deed restrictions
that limit their use to use as overnight lodging units. The deed
restrictions may be rescinded when the resort has constructed 150
units of permanent overnight lodging as required by this
subsection.
(D) The number of units approved for residential sale may not
be more than two units for each unit of permanent overnight
lodging provided under this paragraph.
(E) The development approval must provide for the construction
of other required overnight lodging units within five years of
the initial lot sales.
(b) On lands in eastern Oregon, as defined in ORS 321.805:
(A) A total of 150 units of overnight lodging must be provided.
(B) At least 50 units of overnight lodging must be constructed
prior to the closure of sale of individual lots or units.
(C) At least 50 of the remaining 100 required overnight lodging
units must be constructed or guaranteed through surety bonding or
equivalent financial assurance within five years of the initial
lot sales.
(D) The remaining required overnight lodging units must be
constructed or guaranteed through surety bonding or equivalent
financial assurances within 10 years of the initial lot sales.
(E) The number of units approved for residential sale may not
be more than 2-1/2 units for each unit of permanent overnight
lodging provided under this paragraph.
(F) If the developer of a resort guarantees the overnight
lodging units required under subparagraphs (C) and (D) of this
paragraph through surety bonding or other equivalent financial
assurance, the overnight lodging units must be constructed within
four years of the date of execution of the surety bond or other
equivalent financial assurance.
(5) Commercial uses allowed are limited to types and levels of
use necessary to meet the needs of visitors to the development.
Industrial uses of any kind are not permitted.
(6) In lieu of the standards in subsections (1), (3) and (4) of
this section, the standards set forth in subsection (7) of this
section apply to a destination resort:
(a) On land that is not defined as agricultural or forest land
under any statewide { + land use + } planning goal;
(b) On land where there has been an exception to any statewide
{ + land use + } planning goal on agricultural lands,
forestlands, public facilities and services and urbanization; or
(c) On such secondary lands as the { - Land Conservation and
Development Commission - } { + regional commission for the
region + } deems appropriate.
(7) The following standards apply to the provisions of
subsection (6) of this section:
(a) The resort must be located on a site of 20 acres or more.
(b) At least $2 million must be spent on improvements for
on-site developed recreational facilities and visitor-oriented
accommodations exclusive of costs for land, sewer and water
facilities and roads. Not less than one-third of this amount must
be spent on developed recreational facilities.
(c) At least 25 units, but not more than 75 units, of overnight
lodging must be provided.
(d) Restaurant and meeting room with at least one seat for each
unit of overnight lodging must be provided.
(e) Residential uses must be limited to those necessary for the
staff and management of the resort.
(f) The governing body of the county or its designee has
reviewed the resort proposed under this subsection and has
determined that the primary purpose of the resort is to provide
lodging and other services oriented to a recreational resource
which can only reasonably be enjoyed in a rural area. Such
recreational resources include, but are not limited to, a hot
spring, a ski slope or a fishing stream.
(g) The resort must be constructed and located so that it is
not designed to attract highway traffic. Resorts may not use any
manner of outdoor advertising signing except:
(A) Tourist oriented directional signs as provided in ORS
377.715 to 377.830; and
(B) On-site identification and directional signs.
(8) Spending required under subsections (3) and (7) of this
section is stated in 1993 dollars. The spending required shall be
adjusted to the year in which calculations are made in accordance
with the United States Consumer Price Index.
(9) When making a land use decision authorizing construction of
a destination resort in eastern Oregon, as defined in ORS
321.805, the governing body of the county or its designee shall
require the resort developer to provide an annual accounting to
document compliance with the overnight lodging standards of this
section. The annual accounting requirement commences one year
after the initial lot or unit sales. The annual accounting must
contain:
(a) Documentation showing that the resort contains a minimum of
150 permanent units of overnight lodging or, during the phase-in
period, documentation showing the resort is not yet required to
have constructed 150 units of overnight lodging.
(b) Documentation showing that the resort meets the lodging
ratio described in subsection (4) of this section.
(c) For a resort counting individually owned units as qualified
overnight lodging units, the number of weeks that each overnight
lodging unit is available for rental to the general public as
described in ORS 197.435.
SECTION 35. ORS 197.505 is amended to read:
197.505. As used in ORS 197.505 to 197.540:
(1) 'Public facilities' means those public facilities for which
a public facilities plan is required under ORS 197.712.
(2) 'Special district' refers to only those entities as defined
in ORS 197.015 { - (19) - } that provide services for which
public facilities plans are required.
SECTION 36. ORS 197.610 is amended to read:
197.610. (1) A proposal to amend a local government
acknowledged comprehensive plan or land use regulation or to
adopt a new land use regulation shall be forwarded to the
Director of the Department of Land Conservation and Development
at least 45 days before the first evidentiary hearing on
adoption. The proposal forwarded shall contain the text and any
supplemental information that the local government believes is
necessary to inform the director as to the effect of the
proposal. The notice shall include the date set for the first
evidentiary hearing. The director shall notify persons who have
requested notice that the proposal is pending.
(2) When a local government determines that the goals do not
apply to a particular proposed amendment or new regulation,
notice under subsection (1) of this section is not required. In
addition, a local government may submit an amendment or new
regulation with less than 45 days' notice if the local government
determines that there are emergency circumstances requiring
expedited review. In both cases:
(a) The amendment or new regulation shall be submitted after
adoption as provided in ORS 197.615 (1) and (2); and
(b) Notwithstanding the requirements of ORS 197.830 (2), the
director or any other person may appeal the decision to the board
under ORS 197.830 to 197.845.
(3) When the Department of Land Conservation and Development
participates in a local government proceeding, at least 15 days
before the final hearing on the proposed amendment to the
comprehensive plan or land use regulation or the new land use
regulation, the department shall notify the local government of:
(a) Any concerns the department has concerning the proposal;
and
(b) Advisory recommendations on actions the department
considers necessary to address the concerns, including, but not
limited to, suggested corrections to achieve compliance with the
goals.
(4) The director shall report to the { - Land Conservation
and Development Commission - } { + regional commission for the
region + } on whether the director:
(a) Believes the local government's proposal violates the
goals; and
(b) Is participating in the local government proceeding.
SECTION 37. ORS 197.625 is amended to read:
197.625. (1) If a notice of intent to appeal is not filed
within the 21-day period set out in ORS 197.830 (9), the
amendment to the acknowledged comprehensive plan or land use
regulation or the new land use regulation shall be considered
acknowledged upon the expiration of the 21-day period. An
amendment to an acknowledged comprehensive plan or land use
regulation is not considered acknowledged unless the notices
required under ORS 197.610 and 197.615 have been submitted to the
Director of the Department of Land Conservation and Development
and:
(a) The 21-day appeal period has expired; or
(b) If an appeal is timely filed, the { - board - }
{ + Land Use Board of Appeals + } affirms the decision or the
appellate courts affirm the decision.
(2) If the decision adopting an amendment to an acknowledged
comprehensive plan or land use regulation or a new land use
regulation is affirmed on appeal under ORS 197.830 to 197.855,
the amendment or new regulation shall be considered acknowledged
upon the date the appellate decision becomes final.
(3)(a) Prior to its acknowledgment, the adoption of a new
comprehensive plan provision or land use regulation or an
amendment to a comprehensive plan or land use regulation is
effective at the time specified by local government charter or
ordinance and is applicable to land use decisions, expedited land
divisions and limited land use decisions if the amendment was
adopted in substantial compliance with ORS 197.610 and 197.615
unless a stay is granted under ORS 197.845.
(b) Any approval of a land use decision, expedited land
division or limited land use decision subject to an
unacknowledged amendment to a comprehensive plan or land use
regulation shall include findings of compliance with those land
use goals applicable to the amendment.
(c) The issuance of a permit under an effective but
unacknowledged comprehensive plan or land use regulation shall
not be relied upon to justify retention of improvements so
permitted if the comprehensive plan provision or land use
regulation does not gain acknowledgment.
(d) The provisions of this subsection apply to applications for
land use decisions, expedited land divisions and limited land use
decisions submitted after February 17, 1993, and to comprehensive
plan and land use regulation amendments adopted:
(A) After June 1, 1991, pursuant to periodic review
requirements under ORS 197.628, 197.633 and 197.636;
(B) After June 1, 1991, to meet the requirements of ORS
197.646; and
(C) After November 4, 1993.
(4) The director shall issue certification of the
acknowledgment upon receipt of an affidavit from the board
stating either:
(a) That no appeal was filed within the 21 days allowed under
ORS 197.830 (9); or
(b) The date the appellate decision affirming the adoption of
the amendment or new regulation became final.
(5) The board shall issue an affidavit for the purposes of
subsection (4) of this section within five days of receiving a
valid request from the local government.
(6) After issuance of the notice provided in ORS 197.633,
nothing in this section { - shall prevent the Land Conservation
and Development Commission - } { + prevents the regional
commission for the region + } from entering an order pursuant to
ORS 197.633, 197.636 or 197.644 to require a local government to
respond to the standards of ORS 197.628.
SECTION 38. ORS 197.626 is amended to read:
197.626. A metropolitan service district that amends its urban
growth boundary to include more than 100 acres, or that amends
the district's regional framework plan or land use regulations
implementing the plan to establish urban reserves designated
under ORS 195.145 (1)(b), a city with a population of 2,500 or
more within its urban growth boundary that amends the urban
growth boundary to include more than 50 acres or that designates
urban reserve under ORS 195.145, or a county that amends the
county's comprehensive plan or land use regulations implementing
the plan to establish rural reserves designated under ORS
195.141, shall submit the amendment or designation to the
{ - Land Conservation and Development Commission - }
{ + regional commission for the region + } in the manner
provided for periodic review under ORS 197.628 to 197.650.
SECTION 39. ORS 197.628 is amended to read:
197.628. (1) It is the policy of the State of Oregon to require
the periodic review of comprehensive plans and land use
regulations in order to respond to changes in local, regional and
state conditions to ensure that the plans and regulations remain
in compliance with the statewide { + land use + } planning goals
adopted pursuant to ORS { - 197.230 - } { + 197.225 + }, and
to ensure that the plans and regulations make adequate provision
for economic development, needed housing, transportation, public
facilities and services and urbanization.
(2) { - The Land Conservation and Development Commission - }
{ + A regional commission + } shall concentrate periodic review
assistance to local governments on achieving compliance with
those statewide land use planning laws and goals that address
economic development, needed housing, transportation, public
facilities and services and urbanization.
(3) The following conditions indicate the need for periodic
review of comprehensive plans and land use regulations:
(a) There has been a substantial change in circumstances
including but not limited to the conditions, findings or
assumptions upon which the comprehensive plan or land use
regulations were based, so that the comprehensive plan or land
use regulations do not comply with the statewide { + land
use + } planning goals relating to economic development, needed
housing, transportation, public facilities and services and
urbanization;
(b) Decisions implementing acknowledged comprehensive plan and
land use regulations are inconsistent with the goals relating to
economic development, needed housing, transportation, public
facilities and services and urbanization;
(c) There are issues of regional or statewide significance,
intergovernmental coordination or state agency plans or programs
affecting land use { - which - } { + that + } must be
addressed in order to bring comprehensive plans and land use
regulations into compliance with the goals relating to economic
development, needed housing, transportation, public facilities
and services and urbanization; or
(d) The local government { - , commission - } or { + the + }
Department of Land Conservation and Development determines that
the existing comprehensive plan and land use regulations are not
achieving the statewide { + land use + } planning goals relating
to economic development, needed housing, transportation, public
facilities and services and urbanization.
SECTION 40. ORS 197.629 is amended to read:
197.629. (1) The Land Conservation and Development Commission
shall establish and maintain { + by rule + } a schedule for
periodic review of comprehensive plans and land use
regulations { + by regional commissions + }. Except as necessary
to coordinate approved periodic review work programs and to
account for special circumstances that from time to time arise,
the schedule shall reflect the following timelines:
(a) A city with a population of more than 2,500 within a
metropolitan planning organization or a metropolitan service
district shall conduct periodic review every seven years after
completion of the previous periodic review; and
(b) A city with a population of 10,000 or more inside its urban
growth boundary that is not within a metropolitan planning
organization shall conduct periodic review every 10 years after
completion of the previous periodic review.
(2) A county with a portion of its population within the urban
growth boundary of a city subject to periodic review under this
section shall conduct periodic review for that portion of the
county according to the schedule and work program set for the
city.
(3) Notwithstanding subsection (2) of this section, if the
schedule set for the county is specific as to that portion of the
county within the urban growth boundary of a city subject to
periodic review under this section, the county shall conduct
periodic review for that portion of the county according to the
schedule and work program set for the county.
(4) If the { - Land Conservation and Development
Commission - } { + regional commission for the region + } pays
the costs of a local government that is not subject to subsection
(1) of this section to perform new work programs and work tasks,
the { + regional + } commission may require the local government
to complete periodic review when the local government has not
completed periodic review within the previous five years if:
(a) A city has been growing faster than the annual population
growth rate of the state for five consecutive years;
(b) A major transportation project on the Statewide
Transportation Improvement Program that is approved for funding
by the Oregon Transportation Commission is likely to:
(A) Have a significant impact on a city or an urban
unincorporated community; or
(B) Be significantly affected by growth and development in a
city or an urban unincorporated community;
(c) A major facility, including a prison, is sited or funded by
a state agency; or
(d) Approval by the city or county of a facility for a major
employer will increase employment opportunities and significantly
affect the capacity of housing and public facilities in the city
or urban unincorporated community.
(5) The { - Land Conservation and Development Commission - }
{ + regional commission for the region + } may schedule
periodic review for a local government earlier than provided in
subsection (1) of this section if necessary to ensure that all
local governments in
{ - a - } { + the + } region whose land use decisions would
significantly affect other local governments in the region are
conducting periodic review concurrently, but not sooner than five
years after completion of the previous periodic review.
(6) A city or county that is not required to complete periodic
review under subsection (1) of this section may request periodic
review by the { + regional + } commission { + for the
region + }.
(7) As used in this section, 'metropolitan planning
organization' means an organization located wholly within the
State of Oregon and designated by the Governor to coordinate
transportation planning in an urbanized area of the state
pursuant to 49 U.S.C. 5303(c).
SECTION 41. ORS 197.633 is amended to read:
197.633. (1) The periodic review process is divided into two
phases. Phase one is the evaluation of the existing comprehensive
plan, land use regulations and citizen involvement program and,
if necessary, the development of a work program to make needed
changes to the comprehensive plan or land use regulations. Phase
two is the completion of work tasks outlined in the work program.
(2) The Land Conservation and Development Commission shall
adopt rules for conducting periodic review. The rules shall
provide a process for:
(a) Initiating periodic review;
(b) Citizen participation;
(c) The participation of state agencies;
(d) The preparation, review and approval of an evaluation of a
comprehensive plan and land use regulations;
(e) Review of a work program; and
(f) Review of completed work tasks.
(3) A decision by the Director of the Department of Land
Conservation and Development to approve a work program, that no
work program is necessary or that no further work is necessary is
final and not subject to appeal.
(4) The director:
(a) Shall take action on a work task not later than 120 days
after the local government submits the work task for review
unless the local government waives the 120-day deadline or the
{ + regional + } commission { + for the region + } grants the
director an extension. If the director does not take action
within the time period required by this subsection, the work task
is deemed approved. The department shall provide a letter to the
local government certifying that the work task is approved unless
an interested party has filed a timely objection to the work task
consistent with administrative rules for conducting periodic
review. If a timely objection is filed, the director shall refer
the work task to the { + regional + } commission.
(b) May approve or remand a work task or refer the work task to
the { + regional + } commission for a decision. A decision by
the director to approve or remand a work task may be appealed to
the { + regional + } commission.
(5) Except as provided in this subsection, the
{ + regional + } commission shall take action on the appeal or
referral within 90 days of the appeal or referral. Action by the
{ + regional + } commission in response to an appeal from a
decision of the director is a final order subject to judicial
review in the manner provided in ORS 197.650. The
{ + regional + } commission may extend the time for taking
action on the appeal or referral if the { + regional + }
commission finds that:
(a) The appeal or referral is appropriate for mediation;
(b) The appeal or referral raises new or complex issues of fact
or law that make it unreasonable for the { + regional + }
commission to give adequate consideration to the issues within
the 90-day limit; or
(c) The parties to the appeal and the { + regional + }
commission agree to an extension, not to exceed an additional 90
days.
(6) The { + regional + } commission and a local government
shall attempt to complete periodic review within three years
after approval of a work program. In order to promote the timely
completion of periodic review, the { + regional + } commission
shall establish a system of incentives to encourage local
government compliance with timelines in periodic review work
programs.
SECTION 42. ORS 197.636 is amended to read:
197.636. (1) Upon good cause shown by a local government, the
Director of the Department of Land Conservation and Development
may allow the local government an extension of time for
submitting a work program or completing a work task. A decision
by the director to grant or deny an extension may be referred to
the
{ - Land Conservation and Development Commission - }
{ + regional commission for the region + } by the director. The
Department of Land Conservation and Development or the
{ + regional + } commission { - shall - } { + may + } not
extend the deadline for submitting a work program more than once
nor for more than 90 days, and { - shall - } { + may + } not
extend the deadline for a work task more than once nor for more
than one year.
(2) If a local government fails to submit a work program or to
complete a work task by the deadline set by the director or the
{ + regional + } commission, including any extension that has
been granted, the director shall schedule a hearing before the
{ + regional + } commission. The { + regional + } commission
shall issue an order imposing one or more of the following
sanctions until the work program or the work task receives final
approval by the director or the { + regional + } commission:
(a) Require the local government to apply those portions of the
goals and rules to land use decisions as specified in the order.
Sanctions may be imposed under this paragraph only when necessary
to resolve a specific deficiency identified in the order.
(b) Forfeiture of all or a portion of the grant money received
to conduct the review, develop the work program or complete the
work task.
(c) Completion of the work program or work task by the
department. The { + regional + } commission may require the
local government to pay the cost for completion of work performed
by the department, following the withholding process set forth in
ORS 197.335 (4).
(d) Application of { - such - } interim measures as the
{ + regional + } commission deems necessary to ensure compliance
with the statewide { + land use + } planning goals.
(3) If the department receives a work program or work task
completed in response to a { + regional + } commission order
issued under subsection (2) of this section, the director shall
evaluate and issue a decision on the work program or work task
within 90 days.
(4) { + Regional + } commission action pursuant to subsection
(1) or (2) of this section is a final order subject to judicial
review in the manner provided in ORS 197.650.
SECTION 43. ORS 197.637 is amended to read:
197.637. (1) Upon request of the Department of Land
Conservation and Development, the Housing and Community Services
Department shall review the inventory and analysis of housing,
and measures taken to address the housing need, required of
certain local governments under ORS 197.296. The review shall
address the likely effect of measures developed by a local
government under ORS 197.296 (6) or (7) on the adequacy of the
supply of buildable land and opportunities to satisfy needs
identified under ORS 197.296 (3).
(2) The { - Land Conservation and Development Commission and
the Director of the - } Department of Land Conservation and
Development shall consider the review and any recommendations of
the Housing and Community Services Department when determining
whether a local government has complied with the statewide land
use planning goals and the requirements of ORS 197.296.
SECTION 44. ORS 197.638 is amended to read:
197.638. (1) Upon request of the Department of Land
Conservation and Development, the Economic and Community
Development Department shall review the inventory and analysis of
industrial and commercial land, and measures taken to address the
land needs, required of certain local governments under ORS
197.712. The review shall address the likely effect of measures
developed by a local government on the adequacy of the supply of
sites and opportunities to satisfy needs identified under ORS
197.712.
(2) The { - Land Conservation and Development Commission and
the Director of the - } Department of Land Conservation and
Development shall consider the review and any recommendations of
the Economic and Community Development Department when
determining whether a local government has complied with the
statewide land use planning goals and the requirements of ORS
197.712.
SECTION 45. ORS 197.639 is amended to read:
197.639. (1) In addition to coordination between state agencies
and local government established in certified state agency
coordination programs, the Department of Land Conservation and
Development may establish one or more state assistance teams made
up of representatives of various agencies and local governments,
utilize the Economic Revitalization Team established under ORS
284.555 or institute an alternative process for coordinating
agency participation in the periodic review of comprehensive
plans.
(2) The Economic Revitalization Team may work with a city to
create a voluntary comprehensive plan review that focuses on the
unique vision of the city, instead of conducting a standard
periodic review, if the team identifies a city that the team
determines can benefit from a customized voluntary comprehensive
plan review.
(3) The department may develop model ordinance provisions to
assist local governments in the periodic review plan update
process and in complying with new statutory requirements or new
land use planning goal or rule requirements adopted by the { +
Department of + } Land Conservation and Development
{ - Commission - } outside the periodic review process.
(4) A local government may arrange with the department for the
provision of periodic review planning services and those services
may be paid with grant program funds.
(5) The { + Land Conservation and Development + } Commission
shall establish an advisory committee composed, at a minimum, of
representatives from the League of Oregon Cities, the Association
of Oregon Counties, metropolitan service districts, the Special
Districts Association of Oregon, land use planning public
interest groups and developer interest groups. The advisory
committee shall advise the commission and the department on the
allocation of grants and technical assistance funding from
General Fund sources and other issues assigned by the commission.
SECTION 46. ORS 197.644 is amended to read:
197.644. (1) The { - Land Conservation and Development
Commission - } { + regional commission for the region + } may
direct or, upon request of the local government, the Director of
the Department of Land Conservation and Development may authorize
a local government to modify an approved work program when:
(a) Issues of regional or statewide significance arising out of
another local government's periodic review require an enhanced
level of coordination;
(b) Issues of goal compliance are raised as a result of
completion of a work program task resulting in a need to
undertake further review or revisions;
(c) Issues relating to the organization of the work program,
coordination with affected agencies or persons, or orderly
implementation of work tasks result in a need for further review
or revision; or
(d) Issues relating to needed housing, employment,
transportation or public facilities and services were omitted
from the work program but must be addressed in order to ensure
compliance with the statewide { + land use + } planning goals.
(2) The { + regional + } commission shall have exclusive
jurisdiction for review of the evaluation, work program and
completed work program tasks as set forth in ORS 197.628 to
197.650. The { + Land Conservation and Development + }
Commission shall adopt rules governing standing, the provision of
notice, conduct of hearings, adoption of stays, extension of time
periods and other matters related to the administration of ORS
197.180, 197.245, 197.254, 197.295, 197.320, 197.620, 197.625,
197.628 to 197.650, 197.712, 197.747, 197.840, 215.416, 227.175
and 466.385.
(3)(a) { + Regional + } commission action pursuant to
subsection (1) or (2) of this section is a final order subject to
judicial review in the manner provided in ORS 197.650.
(b) Action by the director pursuant to subsection (1) of this
section may be appealed to the { + regional + } commission
{ + for the region + } pursuant to rules adopted by the
{ + regional + } commission. { + Regional + } commission action
under this paragraph is a final order subject to judicial review
in the manner provided in ORS 197.650.
SECTION 47. ORS 197.646 is amended to read:
197.646. (1) A local government shall amend its acknowledged
comprehensive plan, regional framework plan and land use
regulations implementing either plan by a self-initiated
post-acknowledgment process under ORS 197.610 to 197.625 to
comply with:
(a) A { - new - } statutory requirement; { - or - }
(b) A { - new - } land use planning goal or rule
{ - requirement - } adopted by the Land Conservation and
Development { - Commission. - } { + ; or
(c) A rule adopted by the regional commission for the
region. + }
(2) Periodic review is not the implementation process for new
statutory, land use planning goal or rule requirements.
(3)(a) The department { - of Land Conservation and
Development - } shall notify local governments when a new
statutory requirement { + , + }
{ - or - } a new land use planning goal { + adopted by the
Land Conservation and Development Commission + } or { + a
new + } rule { - requirement - } adopted by the
{ + commission or a regional + } commission requires changes to
an acknowledged comprehensive plan, a regional framework plan and
land use regulations implementing either plan.
(b) The { + Land Conservation and Development + } Commission
shall establish, by rule, the time period within which an
acknowledged comprehensive plan, a regional framework plan and
land use regulations implementing either plan must be in
compliance with:
(A) A { - new - } statutory requirement, if the legislation
does not specify a time period for compliance; { - and - }
(B) A { - new - } land use planning goal or rule
{ - requirement - } adopted by the commission { - . - } { + ;
and
(C) A rule adopted by a regional commission, if the rule does
not specify a time period for compliance. + }
(4) When a local government does not adopt amendments to a
comprehensive plan, a regional framework plan and land use
regulations implementing either plan as required by subsection
(1) of this section, the { - new - } statutory { +
requirement + }, land use planning goal or rule
{ - requirements apply - } { + applies + } directly to the
local government's land use decisions. The failure to adopt
amendments to a comprehensive plan, a regional framework plan and
land use regulations implementing either plan required by
subsection (1) of this section is a basis for initiation of
enforcement action pursuant to ORS 197.319 to 197.335.
SECTION 48. ORS 197.650 is amended to read:
197.650. (1) A { - Land Conservation and Development
Commission - } { + regional 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 { + regional + } 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 { + regional + } commission for
certification of state agency coordination programs and are
appealing a certification issued under ORS 197.180 (6);
(c) Persons who petitioned the { + regional + } commission for
an order under ORS 197.324 and whose petition was dismissed; or
(d) Persons who submitted oral or written testimony in a
proceeding before the { + regional + } 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.
(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 49. ORS 197.651 is amended to read:
197.651. (1) Notwithstanding ORS 197.650, a { - Land
Conservation and Development Commission - } { + regional
commission + } order concerning the designation of urban reserves
under ORS 195.145 (1)(b) or rural reserves under ORS 195.141 may
be appealed to the Court of Appeals by the persons described in
ORS 197.650.
(2) Judicial review of orders described in subsection (1) of
this section is as provided in this section.
(3) Jurisdiction for judicial review is conferred upon the
Court of Appeals. A proceeding for judicial review may be
instituted by filing a petition in the Court of Appeals. The
petition must be filed within 21 days after the date the
{ + regional + } commission delivered or mailed the order upon
which the petition is based.
(4) The filing of the petition, as set forth in subsection (3)
of this section, and service of a petition on the persons who
submitted oral or written testimony in the proceeding before the
{ + regional + } commission are jurisdictional and may not be
waived or extended.
(5) The petition must state the nature of the order the
petitioner seeks to have reviewed. Copies of the petition must be
served by registered or certified mail upon the { + regional + }
commission and the persons who submitted oral or written
testimony in the proceeding before the { + regional + }
commission.
(6) Within 21 days after service of the petition, the { +
regional + } commission shall transmit to the Court of Appeals
the original or a certified copy of the entire record of the
proceeding under review. However, by stipulation of the parties
to the review proceeding, the record may be shortened. The Court
of Appeals may tax a party that unreasonably refuses to stipulate
to limit the record for the additional costs. The Court of
Appeals may require or permit subsequent corrections or additions
to the record. Except as specifically provided in this
subsection, the Court of Appeals may not tax the cost of the
record to the petitioner or an intervening party. However, the
Court of Appeals may tax the costs to a party that files a
frivolous petition for judicial review.
(7) Petitions and briefs must be filed within time periods and
in a manner established by the Court of Appeals by rule.
(8) The Court of Appeals shall:
(a) Hear oral argument within 49 days of the date of
transmittal of the record unless the Court of Appeals determines
that the ends of justice served by holding oral argument on a
later day outweigh the best interests of the public and the
parties. However, the Court of Appeals may not hold oral argument
more than 49 days after the date of transmittal of the record
because of general congestion of the court calendar or lack of
diligent preparation or attention to the case by a member of the
court or a party.
(b) Set forth in writing and provide to the parties a
determination to hear oral argument more than 49 days from the
date the record is transmitted, together with the reasons for the
determination. The Court of Appeals shall schedule oral argument
as soon as is practicable.
(c) Consider, in making a determination under paragraph (b) of
this subsection:
(A) Whether the case is so unusual or complex, due to the
number of parties or the existence of novel questions of law,
that 49 days is an unreasonable amount of time for the parties to
brief the case and for the Court of Appeals to prepare for oral
argument; and
(B) Whether the failure to hold oral argument at a later date
likely would result in a miscarriage of justice.
(9) The court:
(a) Shall limit judicial review of an order reviewed under this
section to the record.
(b) May not substitute its judgment for that of the { - Land
Conservation and Development Commission - } { + regional
commission + } as to an issue of fact.
(10) The Court of Appeals may affirm, reverse or remand an
order reviewed under this section. The Court of Appeals shall
reverse or remand the order only if the court finds the order is:
(a) Unlawful in substance or procedure. However, error in
procedure is not cause for reversal or remand unless the Court of
Appeals determines that substantial rights of the petitioner were
prejudiced.
(b) Unconstitutional.
(c) Not supported by substantial evidence in the whole record
as to facts found by the { + regional + } commission.
(11) The Court of Appeals shall issue a final order on the
petition for judicial review with the greatest possible
expediency.
(12) If the order of the { + regional + } commission is
remanded by the Court of Appeals or the Supreme Court, the
{ + regional + } commission shall respond to the court's
appellate judgment within 30 days.
SECTION 50. ORS 197.656 is amended to read:
197.656. (1) Upon invitation by the local governments in a
region, the { + Department of + } Land Conservation and
Development
{ - Commission - } and other state agencies may participate
with the local governments in a collaborative regional
problem-solving process.
(2) Following the procedures set forth in this subsection, the
{ + regional + } commission { + for the region + } may
acknowledge amendments to comprehensive plans and land use
regulations, or new land use regulations, that do not fully
comply with the rules of the { + regional + } commission that
implement the statewide { + land use + } planning goals, without
taking an exception, upon a determination that:
(a) The amendments or new provisions are based upon agreements
reached by all local participants, the { - commission - }
{ + department + } 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 { + land use + } 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 { + regional + } commission { + for the
region + } 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 { + regional + } commission { + for the region + }
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 - } { + may + } not raise an issue before the
{ + regional + } commission on review that was not raised at the
local level.
(5) If the { + regional + } commission denies an amendment or
new regulation submitted pursuant to subsection (3) of this
section, the { + regional + } commission shall issue a written
statement describing the reasons for the denial 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 { + land use + } 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 Department of Forestry and the
Department of Land Conservation and Development.
(7) The Governor shall require all appropriate state agencies
to participate in the collaborative regional problem-solving
process.
SECTION 51. ORS 197.658 is amended to read:
197.658. In addition to the provisions of ORS 197.644, the
{ - Land Conservation and Development Commission - }
{ + regional commission for the region + } may modify an
approved work program when a local government has agreed to
participate in a collaborative regional problem-solving process
pursuant to ORS 197.654 and 197.656.
SECTION 52. ORS 197.712 is amended to read:
197.712. (1) In addition to the findings and policies set forth
in ORS 197.005, 197.010 and 215.243, the Legislative Assembly
finds and declares that, in carrying out statewide comprehensive
land use planning, the provision of adequate opportunities for a
variety of economic activities throughout the state is vital to
the health, welfare and prosperity of all the people of the
state.
(2) By the adoption of new goals or rules, or the application,
interpretation or amendment of existing goals or rules, the Land
Conservation and Development Commission { + and the regional
commissions + } shall implement all of the following:
(a) Comprehensive plans shall include an analysis of the
community's economic patterns, potentialities, strengths and
deficiencies as they relate to state and national trends.
(b) Comprehensive plans shall contain policies concerning the
economic development opportunities in the community.
(c) Comprehensive plans and land use regulations shall provide
for at least an adequate supply of sites of suitable sizes,
types, locations and service levels for industrial and commercial
uses consistent with plan policies.
(d) Comprehensive plans and land use regulations shall provide
for compatible uses on or near sites zoned for specific
industrial and commercial uses.
(e) A city or county shall develop and adopt a public facility
plan for areas within an urban growth boundary containing a
population greater than 2,500 persons. The public facility plan
shall include rough cost estimates for public projects needed to
provide sewer, water and transportation for the land uses
contemplated in the comprehensive plan and land use regulations.
Project timing and financing provisions of public facility plans
shall not be considered land use decisions.
(f) In accordance with ORS 197.180, state agencies that provide
funding for transportation, water supply, sewage and solid waste
facilities shall identify in their coordination programs how they
will coordinate that funding with other state agencies and with
the public facility plans of cities and counties. In addition,
state agencies that issue permits affecting land use shall
identify in their coordination programs how they will coordinate
permit issuance with other state agencies and cities and
counties.
(g) Local governments shall provide:
(A) Reasonable opportunities to satisfy local and rural needs
for residential and industrial development and other economic
activities on appropriate lands outside urban growth boundaries,
in a manner consistent with conservation of the state's
agricultural and forest land base; and
(B) Reasonable opportunities for urban residential, commercial
and industrial needs over time through changes to urban growth
boundaries.
(3) A comprehensive plan and land use regulations shall be in
compliance with this section by the first periodic review of that
plan and regulations.
SECTION 53. ORS 197.717 is amended to read:
197.717. (1) State agencies shall provide technical assistance
to local governments in:
(a) Planning and zoning land adequate in amount, size,
topography, transportation access and surrounding land use and
public facilities for the special needs of various industrial and
commercial uses;
(b) Developing public facility plans; and
(c) Streamlining local permit procedures.
(2) The Economic and Community Development Department shall
provide a local government with 'state and national trend '
information to assist in compliance with ORS 197.712 (2)(a).
(3) The Land Conservation and Development Commission shall
{ + and the regional commissions may + } develop model
ordinances to assist local governments in streamlining local
permit procedures.
(4) The Department of Land Conservation and Development and the
Economic and Community Development Department shall establish a
joint program to assist rural communities with economic and
community development services. The assistance shall include, but
not be limited to, grants, loans, model ordinances and technical
assistance. The purposes of the assistance are to remove
obstacles to economic and community development and to facilitate
that development. The departments shall give priority to
communities with high rates of unemployment.
SECTION 54. ORS 197.768 is amended to read:
197.768. (1) As used in this section, 'special district ' has
the meaning given that term in ORS 197.505.
(2)(a) A local government or special district may adopt a
public facilities strategy if the public facilities strategy:
(A)(i) Is acknowledged under ORS 197.251; or
(ii) Is approved by the { - Land Conservation and Development
Commission - } { + regional commission for the region + } under
ORS 197.628 to 197.650; and
(B) Meets the requirements of this section.
(b) If a special district seeks to implement a public
facilities strategy, that special district is considered a local
government for the purposes of ORS 197.251 and 197.628 to
197.650.
(3) A local government or special district may adopt a public
facilities strategy only if the local government or special
district:
(a) Makes written findings justifying the need for the public
facilities strategy;
(b) Holds a public hearing on the adoption of a public
facilities strategy and the findings that support the adoption of
the public facilities strategy; and
(c) Provides written notice to the Department of Land
Conservation and Development at least 45 days prior to the final
public hearing that is held to consider the adoption of the
public facilities strategy.
(4) At a minimum, the findings under subsection (3) of this
section must demonstrate that:
(a) There is a rapid increase in the rate or intensity of land
development in a specific geographic area that was unanticipated
at the time the original planning for that area was adopted or
there has been a natural disaster or other catastrophic event in
a specific geographic area;
(b) The total land development expected within the specific
geographic area will exceed the planned or existing capacity of
public facilities; and
(c) The public facilities strategy is structured to ensure that
the necessary supply of housing and commercial and industrial
facilities that will be impacted within the relevant geographic
area is not unreasonably restricted by the adoption of the public
facilities strategy.
(5) A public facilities strategy shall include a clear,
objective and detailed description of actions and practices a
local government or special district may engage in to control the
time and sequence of development approvals in response to the
identified deficiencies in public facilities.
(6) A public facilities strategy shall be effective for no more
than 24 months after the date on which it is adopted, but may be
extended, subject to subsection (7) of this section, provided the
local government or special district adopting the public
facilities strategy holds a public hearing on the proposed
extension and adopts written findings that:
(a) Verify that the problem giving rise to the need for a
public facilities strategy still exists;
(b) Demonstrate that reasonable progress is being made to
alleviate the problem giving rise to the need for a public
facilities strategy; and
(c) Set a specific duration for the extension of the public
facilities strategy.
(7)(a) A local government or special district considering an
extension of a public facilities strategy shall give the
department notice at least 14 days prior to the date of the
public hearing on the extension.
(b) A single extension may not exceed one year, and a public
facilities strategy may not be extended more than three times.
SECTION 55. ORS 197.825 is amended to read:
197.825. (1) Except as provided in ORS 197.320 and subsections
(2) and (3) of this section, the Land Use Board of Appeals shall
have exclusive jurisdiction to review { + :
(a) + } Any land use decision or limited land use decision of a
local government, special district or a state agency in the
manner provided in ORS 197.830 to 197.845.
{ + (b) A petition filed by the Land Conservation and
Development Commission alleging that a rule or order of a
regional commission is not consistent with the statewide land use
planning goals adopted under ORS 197.225.
(c) A petition filed by a local government challenging a
determination by the commission that the local government's
comprehensive plan, regional framework plan, land use regulation
or order is not consistent with the statewide land use planning
goals adopted under ORS 197.225. + }
(2) The jurisdiction of the board:
(a) Is limited to those cases in which the petitioner has
exhausted all remedies available by right before petitioning the
board for review;
(b) Is subject to the provisions of ORS 197.850 relating to
judicial review by the Court of Appeals;
(c) Does not include a local government decision that is:
(A) Submitted to the Department of Land Conservation and
Development for acknowledgment under ORS 197.251, 197.626 or
197.628 to 197.650 or a matter arising out of a local government
decision submitted to the department for acknowledgment, unless
the Director of the Department of Land Conservation and
Development, in the director's sole discretion, transfers the
matter to the board; or
(B) Subject to the review authority of the department under ORS
197.430, 197.445, 197.450 or 197.455 or a matter related to a
local government decision subject to the review authority of the
department under ORS 197.430, 197.445, 197.450 or 197.455;
(d) Does not include those land use decisions of a state agency
over which the Court of Appeals has jurisdiction for initial
judicial review under ORS 183.400 { - , - } { + or + } 183.482
or other statutory provisions;
(e) Does not include any rules, programs, decisions,
determinations or activities carried out under ORS 527.610 to
527.770, 527.990 (1) and 527.992;
(f) Is subject to ORS 196.115 for any county land use decision
that may be reviewed by the Columbia River Gorge Commission
pursuant to sections 10(c) or 15(a)(2) of the Columbia River
Gorge National Scenic Area Act, P.L. 99-663; and
(g) Does not include review of expedited land divisions under
ORS 197.360.
(3) Notwithstanding subsection (1) of this section, the circuit
courts of this state retain jurisdiction:
(a) To grant declaratory, injunctive or mandatory relief in
proceedings arising from decisions described in ORS 197.015
(10)(b) or proceedings brought to enforce the provisions of an
adopted comprehensive plan or land use regulations; and
(b) To enforce orders of the board in appropriate proceedings
brought by the board or a party to the board proceeding resulting
in the order.
SECTION 56. ORS 197.835 is amended to read:
197.835. (1) The Land Use Board of Appeals shall review the
land use decision or limited land use decision and prepare a
final order affirming, reversing or remanding the land use
decision or limited land use decision. The board shall adopt
rules defining the circumstances in which { - it - } { + the
board + } will reverse rather than remand a land use decision or
limited land use decision that is not affirmed.
(2)(a) Review of a decision under ORS 197.830 to 197.845 shall
be confined to the record.
(b) In the case of disputed allegations of standing,
unconstitutionality of the decision, ex parte contacts, actions
described in subsection (10)(a)(B) of this section or other
procedural irregularities not shown in the record that, if
proved, would warrant reversal or remand, the board may take
evidence and make findings of fact on those allegations. The
board shall be bound by any finding of fact of the local
government, special district or state agency for which there is
substantial evidence in the whole record.
(3) Issues shall be limited to those raised by any participant
before the local hearings body as provided by ORS 197.195 or
197.763, whichever is applicable.
(4) A petitioner may raise new issues to the board if:
(a) The local government failed to list the applicable criteria
for a decision under ORS 197.195 (3)(c) or 197.763 (3)(b), in
which case a petitioner may raise new issues based upon
applicable criteria that were omitted from the notice. However,
the board may refuse to allow new issues to be raised if
{ - it - } { + the board + } finds that the issue could have
been raised before the local government; or
(b) The local government made a land use decision or limited
land use decision which is different from the proposal described
in the notice to such a degree that the notice of the proposed
action did not reasonably describe the local government's final
action.
(5) The board shall reverse or remand a land use decision not
subject to an acknowledged comprehensive plan and land use
regulations if the decision does not comply with the goals. The
board shall reverse or remand a land use decision or limited land
use decision subject to an acknowledged comprehensive plan or
land use regulation if the decision does not comply with the
goals and the { - Land Conservation and Development
Commission - } { + regional commission for the region + } has
issued an order under ORS 197.320 or { + the Land Conservation
and Development Commission has + } adopted a new or amended goal
under ORS 197.245 requiring the local government to apply the
goals to the type of decision being challenged.
(6) The board shall reverse or remand an amendment to a
comprehensive plan if the amendment is not in compliance with the
goals.
(7) The board shall reverse or remand an amendment to a land
use regulation or the adoption of a new land use regulation if:
(a) The regulation is not in compliance with the comprehensive
plan; or
(b) The comprehensive plan does not contain specific policies
or other provisions which provide the basis for the regulation,
and the regulation is not in compliance with the statewide
{ + land use + } planning goals.
(8) The board shall reverse or remand a decision involving the
application of a plan or land use regulation provision if the
decision is not in compliance with applicable provisions of the
comprehensive plan or land use regulations.
(9) In addition to the review under subsections (1) to (8) of
this section, the board shall reverse or remand the land use
decision under review if the board finds:
(a) The local government or special district:
(A) Exceeded its jurisdiction;
(B) Failed to follow the procedures applicable to the matter
before it in a manner that prejudiced the substantial rights of
the petitioner;
(C) Made a decision not supported by substantial evidence in
the whole record;
(D) Improperly construed the applicable law; or
(E) Made an unconstitutional decision; or
(b) The state agency made a decision that violated the goals.
(10)(a) The board shall reverse a local government decision and
order the local government to grant approval of an application
for development denied by the local government if the board
finds:
(A) Based on the evidence in the record, that the local
government decision is outside the range of discretion allowed
the local government under its comprehensive plan and
implementing ordinances; or
(B) That the local government's action was for the purpose of
avoiding the requirements of ORS 215.427 or 227.178.
(b) If the board does reverse the decision and orders the local
government to grant approval of the application, the board shall
award attorney fees to the applicant and against the local
government.
(11)(a) Whenever the findings, order and record are sufficient
to allow review, and to the extent possible consistent with the
time requirements of ORS 197.830 (14), the board shall decide all
issues presented to it when reversing or remanding a land use
decision described in subsections (2) to (9) of this section or
limited land use decision described in ORS 197.828 and 197.195.
(b) Whenever the findings are defective because of failure to
recite adequate facts or legal conclusions or failure to
adequately identify the standards or their relation to the facts,
but the parties identify relevant evidence in the record which
clearly supports the decision or a part of the decision, the
board shall affirm the decision or the part of the decision
supported by the record and remand the remainder to the local
government, with direction indicating appropriate remedial
action.
(12) The board may reverse or remand a land use decision under
review due to ex parte contacts or bias resulting from ex parte
contacts with a member of the decision-making body, only if the
member of the decision-making body did not comply with ORS
215.422 (3) or 227.180 (3), whichever is applicable.
(13) Subsection (12) of this section does not apply to reverse
or remand of a land use decision due to ex parte contact or bias
resulting from ex parte contact with a hearings officer.
(14) The board shall reverse or remand a land use decision or
limited land use decision which violates a { + regional + }
commission order issued under ORS 197.328.
(15) In cases in which a local government provides a
quasi-judicial land use hearing on a limited land use decision,
the requirements of subsections (12) and (13) of this section
apply.
(16) The board may decide cases before it by means of
memorandum decisions and shall prepare full opinions only in such
cases as it deems proper.
SECTION 57. ORS 197.840 is amended to read:
197.840. (1) The following periods of delay shall be excluded
from the 77-day period within which the { - board - }
{ + Land Use Board of Appeals + } must make a final decision on
a petition under ORS 197.830 (14):
(a) Any period of delay up to 120 days resulting from the
board's deferring all or part of its consideration of a petition
for review of a land use decision or limited land use decision
that allegedly violates the goals if the decision has been:
(A) Submitted { + to the regional commission for the
region + } for acknowledgment under ORS 197.251; or
(B) Submitted to the Department of Land Conservation and
Development as part of a periodic review work program task
pursuant to ORS 197.628 to 197.650 and not yet acknowledged.
(b) Any period of delay resulting from a motion, including but
not limited to, a motion disputing the constitutionality of the
decision, standing, ex parte contacts or other procedural
irregularities not shown in the record.
(c) Any reasonable period of delay resulting from a request for
a stay under ORS 197.845.
(d) Any reasonable period of delay resulting from a continuance
granted by a member of the board on the member's own motion or at
the request of one of the parties, if the member granted the
continuance on the basis of findings that the ends of justice
served by granting the continuance outweigh the best interest of
the public and the parties in having a decision within 77 days.
(2) { - No - } { + A + } period of delay resulting from a
continuance granted by the board under subsection (1)(d) of this
section
{ - shall be - } { + is not + } excludable under this section
unless the board sets forth in the record, either orally or in
writing, its reasons for finding that the ends of justice served
by granting the continuance outweigh the best interests of the
public and the other parties in a decision within the 77 days.
The factors the board shall consider in determining whether to
grant a continuance under subsection (1)(d) of this section in
any case are as follows:
(a) Whether the failure to grant a continuance in the
proceeding would be likely to make a continuation of the
proceeding impossible or result in a miscarriage of justice; or
(b) Whether the case is so unusual or so complex, due to the
number of parties or the existence of novel questions of fact or
law, that it is unreasonable to expect adequate consideration of
the issues within the 77-day time limit.
(3) No continuance under subsection (1)(d) of this section
shall be granted because of general congestion of the board
calendar or lack of diligent preparation or attention to the case
by any member of the board or any party.
(4) The board may defer all or part of its consideration of a
land use decision or limited land use decision described in
subsection (1)(a) of this section until the { - Land
Conservation and Development Commission - } { + regional
commission for the region + } has disposed of the acknowledgment
proceeding described in subsection (1)(a) of this section. If the
board deferred all or part of its consideration of a decision
under this subsection, the board may grant a stay of the
comprehensive plan provision, land use regulation, limited land
use decision or land use decision under ORS 197.845.
SECTION 58. ORS 183.457 is amended to read:
183.457. (1) Notwithstanding ORS 8.690, 9.160 and 9.320, and
unless otherwise authorized by another law, a person
participating in a contested case hearing conducted by an agency
described in this subsection may be represented by an attorney or
by an authorized representative subject to the provisions of
subsection (2) of this section. The Attorney General shall
prepare model rules for proceedings with lay representation that
do not have the effect of precluding lay representation. No rule
adopted by a state agency shall have the effect of precluding lay
representation. The agencies before which an authorized
representative may appear are:
(a) The State Landscape Contractors Board in the administration
of the Landscape Contractors Law.
(b) The State Department of Energy and the Energy Facility
Siting Council.
(c) The Environmental Quality Commission and the Department of
Environmental Quality.
(d) The Department of Consumer and Business Services for
proceedings in which an insured appears pursuant to ORS 737.505.
(e) The Department of Consumer and Business Services and any
other agency for the purpose of proceedings to enforce the state
building code, as defined by ORS 455.010.
(f) The State Fire Marshal in the Department of State Police.
(g) The Department of State Lands for proceedings regarding the
issuance or denial of fill or removal permits under ORS 196.800
to 196.825.
(h) The Public Utility Commission.
(i) The Water Resources Commission and the Water Resources
Department.
(j) The { - Land Conservation and Development Commission and
the - } Department of Land Conservation and Development.
(k) The State Department of Agriculture, for purposes of
hearings under ORS 215.705.
(L) The Bureau of Labor and Industries.
(2) A person participating in a contested case hearing as
provided in subsection (1) of this section may appear by an
authorized representative if:
(a) The agency conducting the contested case hearing has
determined that appearance of such a person by an authorized
representative will not hinder the orderly and timely development
of the record in the type of contested case hearing being
conducted;
(b) The agency conducting the contested case hearing allows, by
rule, authorized representatives to appear on behalf of such
participants in the type of contested case hearing being
conducted; and
(c) The officer presiding at the contested case hearing may
exercise discretion to limit an authorized representative's
presentation of evidence, examination and cross-examination of
witnesses, or presentation of factual arguments to ensure the
orderly and timely development of the hearing record, and shall
not allow an authorized representative to present legal arguments
except to the extent authorized under subsection (3) of this
section.
(3) The officer presiding at a contested case hearing in which
an authorized representative appears under the provisions of this
section may allow the authorized representative to present
evidence, examine and cross-examine witnesses, and make arguments
relating to the:
(a) Application of statutes and rules to the facts in the
contested case;
(b) Actions taken by the agency in the past in similar
situations;
(c) Literal meaning of the statutes or rules at issue in the
contested case;
(d) Admissibility of evidence; and
(e) Proper procedures to be used in the contested case hearing.
(4) Upon judicial review, no limitation imposed by an agency
presiding officer on the participation of an authorized
representative shall be the basis for reversal or remand of
agency action unless the limitation resulted in substantial
prejudice to a person entitled to judicial review of the agency
action.
(5) For the purposes of this section, 'authorized
representative' means a member of a participating partnership, an
authorized officer or regular employee of a participating
corporation, association or organized group, or an authorized
officer or employee of a participating governmental authority
other than a state agency.
SECTION 59. ORS 183.530 is amended to read:
183.530. A housing cost impact statement shall be prepared upon
the proposal for adoption or repeal of any rule or any amendment
to an existing rule by:
(1) The State Housing Council;
(2) A building codes division of the Department of Consumer and
Business Services or any board associated with the department
with regard to rules adopted under ORS 455.610 to 455.630;
(3) The { + Department of + } Land Conservation and
Development
{ - Commission - } ;
(4) The Environmental Quality Commission;
(5) The Construction Contractors Board;
(6) The Occupational Safety and Health Division of the
Department of Consumer and Business Services; or
(7) The State Department of Energy.
SECTION 60. ORS 183.635 is amended to read:
183.635. (1) Except as provided in this section, all agencies
must use administrative law judges assigned from the Office of
Administrative Hearings established under ORS 183.605 to conduct
contested case hearings, without regard to whether those hearings
are subject to the procedural requirements for contested case
hearings.
(2) The following agencies need not use administrative law
judges assigned from the office:
(a) Attorney General.
(b) Boards of stewards appointed by the Oregon Racing
Commission.
(c) Bureau of Labor and Industries and the Commissioner of the
Bureau of Labor and Industries.
(d) Department of Corrections.
(e) Department of Education, State Board of Education and
Superintendent of Public Instruction.
(f) Department of Higher Education and institutions of higher
education listed in ORS 352.002.
(g) Department of Human Services for vocational rehabilitation
services cases under 29 U.S.C. 722(c) and disability
determination cases under 42 U.S.C. 405.
(h) Department of Revenue.
(i) Department of State Police.
(j) Employment Appeals Board.
(k) Employment Relations Board.
(L) Energy Facility Siting Council.
(m) Fair Dismissal Appeals Board.
(n) Governor.
(o) { + Department of + } Land Conservation and Development
{ - Commission - } .
(p) Land Use Board of Appeals.
(q) Local government boundary commissions created pursuant to
ORS 199.430.
(r) Oregon Youth Authority.
(s) Psychiatric Security Review Board.
(t) Public Utility Commission.
(u) Secretary of State.
(v) State Accident Insurance Fund Corporation.
(w) State Apprenticeship and Training Council.
(x) State Board of Parole and Post-Prison Supervision.
(y) State Land Board.
(z) State Treasurer.
(aa) Wage and Hour Commission.
(3) The Workers' Compensation Board is exempt from using
administrative law judges assigned from the office for any
hearing conducted by the board under ORS chapters 147, 654 and
656. Except as specifically provided in this subsection, the
Department of Consumer and Business Services must use
administrative law judges assigned from the office only for
contested cases arising out of the department's powers and duties
under:
(a) ORS chapter 59;
(b) ORS 200.005 to 200.075;
(c) ORS chapter 455;
(d) ORS chapter 674;
(e) ORS chapters 706 to 716;
(f) ORS chapter 717;
(g) ORS chapters 722, 723, 725 and 726; and
(h) ORS chapters 731, 732, 733, 734, 735, 737, 742, 743, 743A,
744, 746, 748 and 750.
(4) Notwithstanding any other provision of law, in any
proceeding in which an agency is required to use an
administrative law judge assigned from the office, an officer or
employee of the agency may not conduct the hearing on behalf of
the agency.
(5) Notwithstanding any other provision of ORS 183.600 to
183.690, an agency is not required to use an administrative law
judge assigned from the office if:
(a) Federal law requires that a different administrative law
judge or hearing officer be used; or
(b) Use of an administrative law judge from the office could
result in a loss of federal funds.
(6) Notwithstanding any other provision of this section, the
Department of Environmental Quality must use administrative law
judges assigned from the office only for contested case hearings
conducted under the provisions of ORS 183.413 to 183.470.
SECTION 61. ORS 195.020 is amended to read:
195.020. (1) Special districts shall exercise their planning
duties, powers and responsibilities and take actions that are
authorized by law with respect to programs affecting land use,
including a city or special district boundary change as defined
in ORS 197.175 (1), in accordance with goals approved pursuant to
ORS chapters 195, 196 and 197.
(2) A county assigned coordinative functions under ORS 195.025
(1), or the Metropolitan Service District, which is assigned
coordinative functions for Multnomah, Washington and Clackamas
counties by ORS 195.025 (1), shall enter into a cooperative
agreement with each special district that provides an urban
service within the boundaries of the county or the metropolitan
district. A county or the Metropolitan Service District may enter
into a cooperative agreement with any other special district
operating within the boundaries of the county or the metropolitan
district.
(3) The appropriate city and county and, if within the
boundaries of the Metropolitan Service District, the Metropolitan
Service District, shall enter into a cooperative agreement with
each special district that provides an urban service within an
urban growth boundary. The appropriate city and county, and the
Metropolitan Service District, may enter into a cooperative
agreement with any other special district operating within an
urban growth boundary.
(4) The agreements described in subsection (2) of this section
shall conform to the requirements of paragraphs (a) to (d), (f)
and (g) of this subsection. The agreements described in
subsection (3) of this section shall:
(a) Describe how the city or county will involve the special
district in comprehensive planning, including plan amendments,
periodic review and amendments to land use regulations;
(b) Describe the responsibilities of the special district in
comprehensive planning, including plan amendments, periodic
review and amendments to land use regulations regarding provision
of urban services;
(c) Establish the role and responsibilities of each party to
the agreement with respect to city or county approval of new
development;
(d) Establish the role and responsibilities of the city or
county with respect to district interests including, where
applicable, water sources, capital facilities and real property,
including rights of way and easements;
(e) Specify the units of local government which shall be
parties to an urban service agreement under ORS 195.065;
(f) If a Metropolitan Service District is a party to the
agreement, describe how the Metropolitan Service District will
involve the special district in the exercise of the Metropolitan
Service District's regional planning responsibilities; and
(g) Contain such other provisions as the { + Department of + }
Land Conservation and Development { - Commission - } may
require by rule.
(5) { + Cooperative + } agreements required under subsections
(2) and (3) of this section are subject to review by the
{ + regional + } commission { + for the region, as described in
section 2 of this 2009 Act + }. The { + regional + } commission
may provide by rule for periodic submission and review of
cooperative agreements to { - insure - } { + ensure + } that
{ - they - } { + the agreements + } are consistent with
acknowledged comprehensive plans.
SECTION 62. ORS 195.025 is amended to read:
195.025. (1) In addition to the responsibilities stated in ORS
197.175, each county, through its governing body, shall be
responsible for coordinating all planning activities affecting
land uses within the county, including planning activities of the
county, cities, special districts and state agencies, to
{ - assure - } { + ensure + } an integrated comprehensive plan
for the entire area of the county. In addition to being subject
to the provisions of ORS chapters 195, 196 and 197 with respect
to city or special district boundary changes, as defined by ORS
197.175 (1), the governing body of the Metropolitan Service
District shall be considered the county review, advisory and
coordinative body for Multnomah, Clackamas and Washington
Counties for the areas within that district.
(2) For the purposes of carrying out ORS chapters 195, 196 and
197, counties may voluntarily join together with adjacent
counties as authorized in ORS 190.003 to 190.620.
(3) Whenever counties and cities representing 51 percent of the
population in their area petition the { + Department of + } Land
Conservation and Development { - Commission - } for an
election in their area to form a regional planning agency to
exercise the authority of the counties under subsection (1) of
this section in the area, the { + regional + } commission
{ + for the region, as described in section 2 of this 2009
Act, + } shall review the petition. If { - it - } { + the
regional commission + } finds that the area described in the
petition forms a reasonable planning unit, { - it - } { + the
regional commission + } shall call an election in the area on a
date specified in ORS 203.085, to form a regional planning
agency. The election shall be conducted in the manner provided in
ORS chapter 255. The county clerk shall be considered the
elections officer and the { + regional + } commission shall be
considered the district elections authority. The { + regional
planning + } agency shall be considered established if the
majority of votes favor the establishment.
(4) If a voluntary association of local governments adopts a
resolution ratified by each participating county and a majority
of the participating cities therein which authorizes the
association to perform the review, advisory and coordination
functions assigned to the counties under subsection (1) of this
section, the association may perform such duties.
SECTION 63. ORS 195.034 is amended to read:
195.034. (1) If the coordinating body under ORS 195.025 (1) has
adopted, within 10 years before a city initiates an evaluation or
amendment of the city's urban growth boundary, a population
forecast as required by ORS 195.036 that no longer provides a
20-year forecast for an urban area, a city may propose a revised
20-year forecast for its urban area by extending the coordinating
body's current urban area forecast to a 20-year period using the
same growth trend for the urban area assumed in the coordinating
body's current adopted forecast.
(2) If the coordinating body has not adopted a forecast as
required by ORS 195.036 or if the current forecast was adopted
more than 10 years before the city initiates an evaluation or
amendment of the city's urban growth boundary, a city may propose
a 20-year forecast for its urban area by:
(a) Basing the proposed forecast on the population forecast
prepared by the Office of Economic Analysis for the county for a
20-year period that commences when the city initiates the
evaluation or amendment of the city's urban growth boundary; and
(b) Assuming that the urban area's share for the forecasted
county population determined in paragraph (a) of this subsection
will be the same as the urban area's current share of the county
population based on the most recent certified population
estimates from Portland State University and the most recent data
for the urban area published by the United States Census Bureau.
(3)(a) If the coordinating body does not take action on the
city's proposed forecast for the urban area under subsection (1)
or (2) of this section within six months after the city's written
request for adoption of the forecast, the city may adopt the
extended forecast if:
(A) The city provides notice to the other local governments in
the county; and
(B) The city includes the adopted forecast in the comprehensive
plan, or a document included in the plan by reference, in
compliance with the applicable requirements of ORS 197.610 to
197.650.
(b) If the extended forecast is adopted under paragraph (a) of
this subsection consistent with the requirements of subsection
(1) or (2) of this section:
(A) The forecast is deemed to satisfy the requirements of a
statewide land use planning goal relating to urbanization to
establish a coordinated 20-year population forecast for the urban
area; and
(B) The city may rely on the population forecast as an
appropriate basis upon which the city and county may conduct the
evaluation or amendment of the city's urban growth boundary.
(4) The process for establishing a population forecast provided
in this section is in addition to and not in lieu of a process
established by goal and rule of the { + Department of + } Land
Conservation and Development { - Commission - } .
SECTION 64. ORS 195.040 is amended to read:
195.040. Upon the expiration of one year after the date of the
approval of the goals and guidelines and annually thereafter,
each county governing body, upon request of the { - Land
Conservation and Development Commission - } { + regional
commission for the region + }, shall report to the
{ + regional + } commission on the status of comprehensive plans
within each county. Each report shall include:
(1) Copies of comprehensive plans reviewed by the county
governing body and copies of land use regulations applied to
areas of critical state concern within the county.
(2) For those areas or jurisdictions within the county without
comprehensive plans, a statement and review of the progress made
toward compliance with the goals.
SECTION 65. ORS 195.085 is amended to read:
195.085. (1) No later than the first periodic review that
begins after November 4, 1993, local governments and special
districts shall demonstrate compliance with ORS 195.020 and
195.065.
(2) The { - Land Conservation and Development Commission - }
{ + regional commission for the region, as described in section
2 of this 2009 Act, + } may adjust the deadline for compliance
under this section when cities and counties that are parties to
an agreement under ORS 195.020 and 195.065 are scheduled for
periodic review at different times.
(3) Local governments and special districts that are parties to
an agreement in effect on November 4, 1993, which provides for
the future provision of an urban service shall demonstrate
compliance with ORS 195.065 no later than the date such agreement
expires or the second periodic review that begins after November
4, 1993, whichever comes first.
SECTION 66. ORS 195.120 is amended to read:
195.120. (1) The Legislative Assembly finds that Oregon's parks
are special places and the protection of parks for the use and
enjoyment of present and future generations is a matter of
statewide concern.
(2) The { + Department of + } Land Conservation and
Development
{ - Commission - } , in cooperation with the State Parks and
Recreation Commission and representatives of local government,
shall adopt rules and land use planning goal amendments as
necessary to provide for:
(a) Allowable uses in state and local parks that have adopted
master plans;
(b) Local government planning necessary to implement state park
master plans; and
(c) Coordination and dispute resolution among state and local
agencies regarding planning and activities in state parks.
(3) Rules and goal amendments adopted under subsection (2) of
this section shall provide for the following uses in state parks:
(a) Campgrounds, day use areas and supporting infrastructure,
amenities and accessory visitor service facilities designed to
meet the needs of park visitors;
(b) Recreational trails and boating facilities;
(c) Facilities supporting resource-interpretive and educational
activities for park visitors;
(d) Park maintenance workshops, staff support facilities and
administrative offices;
(e) Uses that directly support resource-based outdoor
recreation; and
(f) Other park uses adopted by the { + Department of + } Land
Conservation and Development { - Commission - } .
(4) A local government shall not be required to adopt an
exception under ORS 197.732 from a land use planning goal
protecting agriculture or forestry resources to authorize a use
identified by rule of the { - Land Conservation and Development
Commission - } { + regional commission for the region, as
described in section 2 of this 2009 Act, + } under this section
in a state or local park.
(5) A local government shall comply with the provisions of ORS
215.296 for all uses and activities proposed in or adjacent to an
exclusive farm use zone described in the state or local master
plan as adopted by the local government and made a part of its
comprehensive plan and land use regulation.
SECTION 67. ORS 195.145 is amended to read:
195.145. (1) To ensure that the supply of land available for
urbanization is maintained:
(a) Local governments may cooperatively designate lands outside
urban growth boundaries as urban reserves subject to ORS 197.610
to 197.625.
(b) Alternatively, a metropolitan service district established
under ORS chapter 268 and a county may enter into a written
agreement pursuant to ORS 190.003 to 190.130, 195.025 or 197.652
to 197.658 to designate urban reserves. A process and criteria
developed pursuant to this paragraph are an alternative to a
process or criteria adopted pursuant to paragraph (a) of this
subsection.
(2)(a) The { - Land Conservation and Development
Commission - } { + regional commission for the region, as
described in section 2 of this 2009 Act, + } may require a local
government to designate an urban reserve pursuant to subsection
(1)(a) of this section during its periodic review in accordance
with the conditions for periodic review under ORS 197.628.
(b) Notwithstanding paragraph (a) of this subsection, the { +
regional + } commission may require a local government to
designate an urban reserve pursuant to subsection (1)(a) of this
section outside of its periodic review if:
(A) The local government is located inside a Primary
Metropolitan Statistical Area or a Metropolitan Statistical Area
as designated by the Federal Census Bureau upon November 4, 1993;
and
(B) The local government has been required to designate an
urban reserve by rule prior to November 4, 1993.
(3) In carrying out subsections (1) and (2) of this section:
(a) Within an urban reserve, neither the { + regional + }
commission { + for the region, as described in section 2 of
this 2009 Act, + } nor any local government shall prohibit the
siting on a legal parcel of a single family dwelling that would
otherwise have been allowed under law existing prior to
designation as an urban reserve.
(b) The { + regional + } commission shall provide to local
governments a list of options, rather than prescribing a single
planning technique, to ensure the efficient transition from rural
to urban use in urban reserves.
(4) Urban reserves designated by a metropolitan service
district and a county pursuant to subsection (1)(b) of this
section must be planned to accommodate population and employment
growth for at least 20 years, and not more than 30 years, after
the 20-year period for which the district has demonstrated a
buildable land supply in the most recent inventory, determination
and analysis performed under ORS 197.296.
(5) A district and a county shall base the designation of urban
reserves under subsection (1)(b) of this section upon
consideration of factors including, but not limited to, whether
land proposed for designation as urban reserves, alone or in
conjunction with land inside the urban growth boundary:
(a) Can be developed at urban densities in a way that makes
efficient use of existing and future public infrastructure
investments;
(b) Includes sufficient development capacity to support a
healthy urban economy;
(c) Can be served by public schools and other urban-level
public facilities and services efficiently and cost-effectively
by appropriate and financially capable service providers;
(d) Can be designed to be walkable and served by a
well-connected system of streets by appropriate service
providers;
(e) Can be designed to preserve and enhance natural ecological
systems; and
(f) Includes sufficient land suitable for a range of housing
types.
(6) The commission shall adopt by goal or by rule a process and
criteria for designating urban reserves pursuant to subsection
(1)(b) of this section.
SECTION 68. ORS 195.225 is amended to read:
195.225. (1) In areas subject to the jurisdiction of a local
government boundary commission, the boundary commission shall
conduct an advisory review of an annexation plan for conformity
with annexation plan requirements set forth in ORS 195.220,
199.462 and the rules of procedure of the { - Land Conservation
and Development Commission - } { + regional commission for the
region, as described in section 2 of this 2009 Act + }.
(2) If a boundary commission finds that an annexation plan does
not comply with ORS 195.220, 199.462 or the procedural rules of
the { + regional + } commission, the boundary commission, by
order, shall disapprove the annexation plan and return the plan
to the governing body of the city or district. The order of the
boundary commission that disapproves an annexation plan shall
describe with particularity the provisions of the annexation plan
that do not comply with ORS 195.220, 199.462 or the procedural
rules of the { + regional + } commission and shall specifically
indicate the reasons for noncompliance.
(3) The governing body of the city or district, upon receiving
an order of the boundary commission that disapproves an
annexation plan, may amend the plan and resubmit the amended plan
to the boundary commission.
(4) After a boundary commission reviews an annexation plan, the
annexation plan shall be submitted to the electors of the city or
district and affected territory as provided in ORS 195.205.
(5) Notwithstanding ORS chapter 199, annexations provided for
in an annexation plan approved by the electors of a city or
district and affected territory do not require the approval of a
local government boundary commission.
(6) A city or district shall submit an annexation plan approved
by the electors and a copy of the resolution, ordinance, order or
proclamation proclaiming an annexation under an approved
annexation plan to the local government boundary commission
filing with the Secretary of State, Department of Revenue,
assessor and county clerk of each county in which the affected
territory is located.
SECTION 69. ORS 195.260 is amended to read:
195.260. (1) In order to reduce the risk of serious bodily
injury or death resulting from rapidly moving landslides, a local
government:
(a) Shall exercise all available authority to protect the
public during emergencies, consistent with ORS 401.015.
(b) May require a geotechnical report and, if a report is
required, shall provide for a coordinated review of the
geotechnical report by the State Department of Geology and
Mineral Industries or the State Forestry Department, as
appropriate, before issuing a building permit for a site in a
further review area.
(c) Except those structures exempt from building codes under
ORS 455.310 and 455.315, shall amend its land use regulations, or
adopt new land use regulations, to regulate the siting of
dwellings and other structures designed for human occupancy,
including those being restored under ORS 215.130 (6), in further
review areas where there is evidence of substantial risk for
rapidly moving landslides. All final decisions under this
paragraph and paragraph (b) of this subsection are the
responsibility of the local government with jurisdiction over the
site. A local government may not delegate such final decisions to
any state agency.
(d) May deny a request to issue a building permit if a
geotechnical report discloses that the entire parcel is subject
to a rapidly moving landslide or that the subject lot or parcel
does not contain sufficient buildable area that is not subject to
a rapidly moving landslide.
(e) Shall maintain a record, available to the public, of
properties for which a geotechnical report has been prepared
within the jurisdiction of the local government.
(2) A landowner allowed a building permit under subsection
(1)(c) of this section shall sign a statement that shall:
(a) Be recorded with the county clerk of the county in which
the property is located, in which the landowner acknowledges that
the landowner may not in the future bring any action against an
adjacent landowner about the effects of rapidly moving landslides
on or adjacent to the landowner's property; and
(b) Record in the deed records for the county where the lot or
parcel is located a nonrevocable deed restriction that the
landowner signs and acknowledges, that contains a legal
description complying with ORS 93.600 and that prohibits any
present or future owner of the property from bringing any action
against an adjacent landowner about the effects of rapidly moving
landslides on or adjacent to the property.
(3) Restrictions on forest practices adopted under ORS 527.710
(10) do not apply to risk situations arising solely from the
construction of a building designed for human occupancy in a
further review area on or after October 23, 1999.
(4) The following state agencies shall implement the following
specific responsibilities to reduce the risk of serious bodily
injury or death resulting from rapidly moving landslides:
(a) The State Department of Geology and Mineral Industries
shall:
(A) Identify and map further review areas selected in
cooperation with local governments and in coordination with the
State Forestry Department, and provide technical assistance to
local governments to facilitate the use and application of this
information pursuant to subsection (1)(b) of this section; and
(B) Provide public education regarding landslide hazards.
(b) The State Forestry Department shall regulate forest
operations to reduce the risk of serious bodily injury or death
from rapidly moving landslides directly related to forest
operations, and assist local governments in the siting review of
permanent dwellings on and adjacent to forestlands in further
review areas pursuant to subsection (1)(b) of this section.
(c) The { + Department of + } Land Conservation and
Development
{ - Commission - } may take steps under its existing authority
to assist local governments to appropriately apply the
requirements of subsection (1)(c) of this section.
(d) The Department of Transportation shall provide warnings to
motorists during periods determined to be of highest risk of
rapidly moving landslides along areas on state highways with a
history of being most vulnerable to rapidly moving landslides.
(e) The Office of Emergency Management shall coordinate state
resources for rapid and effective response to landslide-related
emergencies.
(5) Notwithstanding any other provision of law, any state or
local agency adopting rules related to the risk of serious bodily
injury or death from rapidly moving landslides shall do so only
in conformance with the policies and provisions of ORS 195.250 to
195.260.
(6) No state or local agency may adopt or enact any rule or
ordinance for the purpose of reducing risk of serious bodily
injury or death from rapidly moving landslides that limits the
use of land that is in addition to land identified as a further
review area by the State Department of Geology and Mineral
Industries or the State Forestry Department pursuant to
subsection (4) of this section.
(7) Except as provided in ORS 527.710 or in Oregon's ocean and
coastal land use planning goals, no state agency may adopt
criteria regulating activities for the purpose of reducing risk
of serious bodily injury or death from rapidly moving landslides
on lands subject to the provisions of ORS 195.250 to 195.260 that
are more restrictive than the criteria adopted by a local
government pursuant to subsection (1)(c) of this section.
SECTION 70. ORS 195.300 is amended to read:
195.300. As used in this section and ORS 195.301 and 195.305 to
195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007:
(1) 'Acquisition date' means the date described in ORS 195.328.
(2) 'Claim' means a written demand for compensation filed
under:
(a) ORS 195.305, as in effect immediately before December 6,
2007; or
(b) ORS 195.305 and 195.310 to 195.314, as in effect on and
after December 6, 2007.
(3) 'Enacted' means enacted, adopted or amended.
(4) 'Fair market value' means the value of property as
determined under ORS 195.332.
(5) 'Farming practice' has the meaning given that term in ORS
30.930.
(6) 'Federal law' means:
(a) A statute, regulation, order, decree or policy enacted by a
federal entity or by a state entity acting under authority
delegated by the federal government;
(b) A requirement contained in a plan or rule enacted by a
compact entity; or
(c) A requirement contained in a permit issued by a federal or
state agency pursuant to a federal statute or regulation.
(7) 'File' means to submit a document to a public entity.
(8) 'Forest practice' has the meaning given that term in ORS
527.620.
(9) 'Ground water restricted area' means an area designated as
a critical ground water area or as a ground water limited area by
the Water Resources Department or Water Resources Commission
before December 6, 2007.
(10) 'High-value farmland' means:
(a) High-value farmland as described in ORS 215.710 that is
land in an exclusive farm use zone or a mixed farm and forest
zone, except that the dates specified in ORS 215.710 (2), (4) and
(6) are December 6, 2007.
(b) Land west of U.S. Highway 101 that is composed
predominantly of the following soils in Class III or IV or
composed predominantly of a combination of the soils described in
ORS 215.710 (1) and the following soils:
(A) Subclassification IIIw, specifically Ettersburg Silt Loam
and Croftland Silty Clay Loam;
(B) Subclassification IIIe, specifically Klooqueth Silty Clay
Loam and Winchuck Silt Loam; and
(C) Subclassification IVw, specifically Huffling Silty Clay
Loam.
(c) Land that is in an exclusive farm use zone or a mixed farm
and forest zone and that on June 28, 2007, is:
(A) Within the place of use for a permit, certificate or decree
for the use of water for irrigation issued by the Water Resources
Department;
(B) Within the boundaries of a district, as defined in ORS
540.505; or
(C) Within the boundaries of a diking district formed under ORS
chapter 551.
(d) Land that contains not less than five acres planted in wine
grapes.
(e) Land that is in an exclusive farm use zone and that is at
an elevation between 200 and 1,000 feet above mean sea level,
with an aspect between 67.5 and 292.5 degrees and a slope between
zero and 15 percent, and that is located within:
(A) The Southern Oregon viticultural area as described in 27
C.F.R. 9.179;
(B) The Umpqua Valley viticultural area as described in 27
C.F.R. 9.89; or
(C) The Willamette Valley viticultural area as described in 27
C.F.R. 9.90.
(f) Land that is in an exclusive farm use zone and that is no
more than 3,000 feet above mean sea level, with an aspect between
67.5 and 292.5 degrees and a slope between zero and 15 percent,
and that is located within:
(A) The portion of the Columbia Gorge viticultural area as
described in 27 C.F.R. 9.178 that is within the State of Oregon;
(B) The Rogue Valley viticultural area as described in 27
C.F.R. 9.132;
(C) The portion of the Columbia Valley viticultural area as
described in 27 C.F.R. 9.74 that is within the State of Oregon;
(D) The portion of the Walla Walla Valley viticultural area as
described in 27 C.F.R. 9.91 that is within the State of Oregon;
or
(E) The portion of the Snake River Valley viticultural area as
described in 27 C.F.R. 9.208 that is within the State of Oregon.
(11) 'High-value forestland' means land:
(a) That is in a forest zone or a mixed farm and forest zone,
that is located in western Oregon and composed predominantly of
soils capable of producing more than 120 cubic feet per acre per
year of wood fiber and that is capable of producing more than
5,000 cubic feet per year of commercial tree species; or
(b) That is in a forest zone or a mixed farm and forest zone,
that is located in eastern Oregon and composed predominantly of
soils capable of producing more than 85 cubic feet per acre per
year of wood fiber and that is capable of producing more than
4,000 cubic feet per year of commercial tree species.
(12) 'Home site approval' means approval of the subdivision or
partition of property or approval of the establishment of a
dwelling on property.
(13) 'Just compensation' means:
(a) Relief under sections 5 to 11, chapter 424, Oregon Laws
2007, for land use regulations enacted on or before January 1,
2007; and
(b) Relief under ORS 195.310 to 195.314 for land use
regulations enacted after January 1, 2007.
(14) 'Land use regulation' means:
(a) A statute that establishes a minimum lot or parcel size;
(b) A provision in ORS 227.030 to 227.300, 227.350, 227.400,
227.450 or 227.500 or in ORS chapter 215 that restricts the
residential use of private real property;
(c) A provision of a city comprehensive plan, zoning ordinance
or land division ordinance that restricts the residential use of
private real property zoned for residential use;
(d) A provision of a county comprehensive plan, zoning
ordinance or land division ordinance that restricts the
residential use of private real property;
(e) A provision of the Oregon Forest Practices Act or an
administrative rule of the State Board of Forestry that regulates
a forest practice and that implements the Oregon Forest Practices
Act;
(f) ORS 561.191, a provision of ORS 568.900 to 568.933 or an
administrative rule of the State Department of Agriculture that
implements ORS 561.191 or 568.900 to 568.933;
(g) { - An administrative rule or - } { + A + } goal of the
Land Conservation and Development Commission { + or an
administrative rule of the commission or a regional
commission + }; or
(h) A provision of a Metro functional plan that restricts the
residential use of private real property.
(15) 'Measure 37 permit' means a final decision by Metro, a
city or a county to authorize the development, subdivision or
partition or other use of property pursuant to a waiver.
(16) 'Owner' means:
(a) The owner of fee title to the property as shown in the deed
records of the county where the property is located;
(b) The purchaser under a land sale contract, if there is a
recorded land sale contract in force for the property; or
(c) If the property is owned by the trustee of a revocable
trust, the settlor of a revocable trust, except that when the
trust becomes irrevocable only the trustee is the owner.
(17) 'Property' means the private real property described in a
claim and contiguous private real property that is owned by the
same owner, whether or not the contiguous property is described
in another claim, and that is not property owned by the federal
government, an Indian tribe or a public body, as defined in ORS
192.410.
(18) 'Protection of public health and safety' means a law,
rule, ordinance, order, policy, permit or other governmental
authorization that restricts a use of property in order to reduce
the risk or consequence of fire, earthquake, landslide, flood,
storm, pollution, disease, crime or other natural or human
disaster or threat to persons or property including, but not
limited to, building and fire codes, health and sanitation
regulations, solid or hazardous waste regulations and pollution
control regulations.
(19) 'Public entity' means the state, Metro, a county or a
city.
(20) 'Urban growth boundary' has the meaning given that term in
ORS 195.060.
(21) 'Waive' or 'waiver' means an action or decision of a
public entity to modify, remove or not apply one or more land use
regulations under ORS 195.305 to 195.336 and sections 5 to 11,
chapter 424, Oregon Laws 2007, or ORS 195.305, as in effect
immediately before December 6, 2007, to allow the owner to use
property for a use permitted when the owner acquired the
property.
(22) 'Zoned for residential use' means zoning that has as its
primary purpose single-family residential use.
SECTION 71. ORS 196.107 is amended to read:
196.107. (1) The Legislative Assembly, considering the
recommendations of the { + Department of + } Land Conservation
and Development { - Commission - } , finds that the management
plan adopted pursuant to the Columbia River Gorge National Scenic
Area Act achieves on balance the purposes of the statewide
planning goals adopted pursuant to ORS { - 197.230 - } { +
197.225 + }.
(2) Land use decisions subject to review under ORS 197.835 for
compliance with the goals for those portions of Multnomah, Hood
River and Wasco Counties within the Columbia River Gorge National
Scenic Area, except land within urban area boundaries, are exempt
from the requirements of ORS 197.610 to 197.625. This exemption
becomes effective in a county when that county or the Columbia
River Gorge Commission adopts and implements ordinances that are
approved pursuant to sections 7(b) and 8(h) to 8(k) of the
Columbia River Gorge National Scenic Area Act, P.L. 99-663.
(3) The Director of the Department of Land Conservation and
Development may petition the { - Land Conservation and
Development Commission - } { + regional commission for the
region, as described in section 2 of this 2009 Act, + } to
decertify the management plan at any time. If the { - Land
Conservation and Development Commission - } { + regional
commission + } receives a petition from the director, the
{ - Land Conservation and Development Commission - }
{ + regional commission for the region, as described in section
2 of this 2009 Act, + } shall decertify the management plan
within 120 days, if it determines that any part of the management
plan does not achieve on balance the purposes of the statewide
{ + land use + } planning goals adopted pursuant to ORS
{ - 197.230 - } { + 197.225 + }.
SECTION 72. ORS 196.115 is amended to read:
196.115. (1) For purposes of judicial review, decisions of the
Columbia River Gorge Commission shall be subject to review solely
as provided in this section, except as otherwise provided by the
Columbia River Gorge National Scenic Area Act, P.L. 99-663.
(2)(a) A final action or order by the commission in a review or
appeal of any action of the commission pursuant to section 10(c)
or 15(b)(4) of the Columbia River Gorge National Scenic Area Act,
or a final action or order by the commission in a review or
appeal of any action of a county pursuant to section 15(a)(2) or
15(b)(4) of the Columbia River Gorge National Scenic Area Act,
shall be reviewed by the Court of Appeals on a petition for
judicial review filed and served as provided in subsections (3)
and (4) of this section and ORS 183.482.
(b) On a petition for judicial review under paragraph (a) of
this subsection the Court of Appeals also shall review the action
of the county that is the subject of the commission's order, if
requested in the petition.
(c) The Court of Appeals shall issue a final order on review
under this subsection within the time limits provided by ORS
197.855.
(d) In lieu of judicial review under paragraphs (a) and (b) of
this subsection, a county action may be appealed to the Land Use
Board of Appeals under ORS 197.805 to 197.855. A notice of intent
to appeal the county's action shall be filed not later than 21
days after the commission's order on the county action becomes
final.
(e) Notwithstanding ORS 197.835, the scope of review in an
appeal pursuant to paragraph (d) of this subsection shall not
include any issue relating to interpretation or implementation of
the Columbia River Gorge National Scenic Area Act, P.L. 99-663,
and any issue related to such interpretation or implementation
shall be waived by the filing of an appeal under paragraph (d) of
this subsection.
(f) After county land use ordinances are approved pursuant to
sections 7(b) and 8(h) to (k) of the Columbia River Gorge
National Scenic Area Act, P.L. 99-663, the Land Use Board of
Appeals shall not review land use decisions within the general
management area or special management area for compliance with
the statewide { + land use + } planning goals. The limitation of
this paragraph shall not apply if the { - Land Conservation and
Development Commission - } { + regional commission for the
region, as described in section 2 of this 2009 Act, + }
decertifies the management plan pursuant to ORS 196.107.
(3)(a) If a petition for judicial review of a { + Columbia
River Gorge + } Commission order is filed pursuant to subsection
(2)(a) of this section, the procedures to be followed by the
parties, the commission and the court, and the court's review,
shall be in accordance with ORS 183.480, 183.482 (1) to (7),
183.485, 183.486, 183.490 and 183.497, except as this section or
the Columbia River Gorge National Scenic Area Act, P.L. 99-663,
otherwise provides.
(b) Notwithstanding any provision of ORS 183.482:
(A) The commission shall transmit the original record or the
certified copy of the entire record within 21 days after service
of a petition for judicial review is served on the commission;
and
(B) The parties shall file briefs with the court within the
times allowed by rules of the court.
(c) The court may affirm, reverse or remand the order. If the
court finds that the agency has erroneously interpreted a
provision of law and that a correct interpretation compels a
particular action, the court shall:
(A) Set aside or modify the order; or
(B) Remand the case to the agency for further action under a
correct interpretation of the provision of law.
(d) The court shall remand the order to the agency if the court
finds the agency's exercise of discretion to be:
(A) Outside the range of discretion delegated to the agency by
law;
(B) Inconsistent with an agency rule, an officially stated
agency position or a prior agency practice, unless the
inconsistency is explained by the agency; or
(C) Otherwise in violation of a constitutional or statutory
provision.
(e) The court shall set aside or remand the order if the court
finds that the order is not supported by substantial evidence in
the whole record.
(f) Notwithstanding any other provision of this section, in any
case where review of a county action as well as a commission
order is sought pursuant to subsection (2)(a) and (b) of this
section, the court shall accept any findings of fact by the
commission which the court finds to be supported by substantial
evidence in the whole record, and such findings by the commission
shall prevail over any findings by the county concerning the same
or substantially the same facts.
(4)(a) Except as otherwise provided by this section or the
Columbia River Gorge National Scenic Area Act, P.L. 99-663, if
review of a county action is sought pursuant to subsection (2)(b)
of this section, the procedures to be followed by the parties,
the county and the court, and the court's review, shall be in
accordance with those provisions governing review of county land
use decisions by the Land Use Board of Appeals set forth in ORS
197.830 (2) to (8), (10), (15) and (16) and 197.835 (2) to (10),
(12) and (13). As used in this section, 'board' as used in the
enumerated provisions shall mean 'court' and the term 'notice of
intent to appeal' in ORS 197.830 (10) shall refer to the petition
described in subsection (2) of this section.
(b) In addition to the other requirements of service under this
section, the petitioner shall serve the petition upon the persons
and bodies described in ORS 197.830 (9), as a prerequisite to
judicial review of the county action.
(c) In accordance with subsection (3)(b)(B) of this section, a
party to a review of both a commission order and a county action
shall file only one brief with the court, which shall address
both the commission order and the county action.
(d) Review of a decision under ORS 197.830 to 197.845 shall be
confined to the record. Subject to subsection (3)(f) of this
section, the court shall be bound by any finding of fact of the
county for which there is substantial evidence in the whole
record. The court may appoint a master and follow the procedures
of ORS 183.482 (7) in connection with matters that the board may
take evidence for under ORS 197.835 (2).
(5) Approval of county land use ordinances by the commission
pursuant to section 7 of the Columbia River Gorge National Scenic
Area Act, P.L. 99-663, may be reviewed by the Court of Appeals as
provided in ORS 183.482.
(6) Notwithstanding ORS 183.484, any proceeding filed in
circuit court by or against the commission shall be filed with
the circuit court for the county in which the commission has a
principal business office or in which the land involved in the
proceeding is located.
SECTION 73. ORS 196.485 is amended to read:
196.485. (1) If a state agency incorporates the Oregon Ocean
Resources Management Plan and Territorial Sea Plan by reference
in its coordination program and, upon a finding by the { - Land
Conservation and Development Commission - } { + regional
commission for the region, as described in section 2 of this 2009
Act, + } that the agency has amended its rules, procedures and
standards to conform with the objectives and requirements of the
plan and Territorial Sea Plan, the state agency shall satisfy the
requirements of state agency planning and coordination required
by ORS 197.180 for ocean planning.
(2) If a state agency does not incorporate the plan or
Territorial Sea Plan in its coordination program, the agency
shall be subject to the state agency coordination requirements of
ORS chapters 195, 196 and 197 for state agency programs,
procedures and standards that in any way affect ocean resources.
(3) State agency programs or rules for management of ocean
resources or ocean uses shall be consistent with the Oregon Ocean
Resources Management Plan and the Territorial Sea Plan.
SECTION 74. ORS 196.681 is amended to read:
196.681. (1) In accordance with rules adopted pursuant to this
chapter, the Department of State Lands shall:
(a) Review any proposed wetland conservation plan or proposed
amendment to an approved wetland conservation plan against the
standards in this section;
(b) Prepare a proposed order that approves, approves with
conditions or denies the proposed wetland conservation plan or
proposed amendment to an approved wetland conservation plan;
(c) Provide notice and the opportunity for public hearing and
comment on the proposed order;
(d) Consult with affected local, state and federal agencies;
and
(e) Consider the applicable findings made in the order of
acknowledgment issued by the { - Land Conservation and
Development Commission - } { + regional commission for the
region under ORS 197.251 + }.
(2) The Director of the Department of State Lands may approve
by order a wetland conservation plan that includes the necessary
elements of ORS 196.678 (2) and meets the standards of
subsections (3) and (4) of this section.
(3) A wetland conservation plan shall comply with the following
standards:
(a) Uses and activities permitted in the plan including fill or
removal, or both, conform to sound policies of conservation and
will not interfere with public health and safety;
(b) Uses and activities permitted in the plan including fill or
removal, or both, are not inconsistent with the protection,
conservation and best use of the water resources of this state
and the use of state waters for navigation, fishing and public
recreation; and
(c) Designation of wetlands for protection, conservation and
development is consistent with the resource functions and values
of the area and the capability of the wetland area to withstand
alterations and maintain important functions and values.
(4) Wetland areas may be designated for development including
fill or removal, or both, only if they meet the following
standards:
(a) There is a public need for the proposed uses set forth in
the acknowledged comprehensive plan for the area;
(b) Any planned wetland losses shall be fully offset by
creation, restoration or enhancement of wetland functions and
values or in an estuarine area, estuarine resource replacement is
consistent with ORS 196.830; and
(c) Practicable, less damaging alternatives, including
alternative locations for the proposed use are not available.
(5) Approval by the director of a wetland conservation plan
shall be conditioned upon adoption by the affected local
governments of comprehensive plan policies and land use
regulations consistent with and sufficient to implement the
wetland conservation plan. Appropriate implementing measures may
include the following planning and zoning requirements
regulating:
(a) Adjacent lands or buffer areas necessary to maintain,
protect or restore wetland functions and values, including
riparian vegetation, and the uses to be allowed in those areas;
(b) Sites for mitigation of impacts from development
activities;
(c) Upland areas adjacent to wetlands; and
(d) Activities or location of buildings, structures and
improvements which may affect wetland values or functions, such
as storm water runoff.
(6) The director shall issue an order approving, approving with
conditions or denying a wetland conservation plan, including a
clear statement of findings which sets forth the basis for the
approval, conditioning or denial. The order shall include:
(a) A clear statement of findings that the elements specified
in ORS 196.678 (2) have been developed;
(b) The findings in support of the determination of compliance
or noncompliance with the standards in subsections (3) and (4) of
this section; and
(c) The conditions under which fill or removal or both may
occur.
(7) The director may, as a part of an order approving a plan,
authorize site-specific fill or removal without an individual
permit as required by ORS 196.810 provided that:
(a) The director adopts findings demonstrating that fill or
removal for any proposed project complies with ORS 196.682 (1)(a)
to (e); or
(b) The director adopts findings that specific areas of fill or
removal within areas designated as development in the plan meet
the following standards:
(A) The fill or removal approved by the order will result in
minimal impacts to the wetland system in the planning area;
(B) The public need for the proposed area of fill or removal
outweighs the environmental damage likely to result from full
development;
(C) The director conditions any such order as necessary to
ensure that the fill or removal, or both, is designed to minimize
impacts from implementing the project; and
(D) Full replacement of wetland losses is provided through
creation, restoration or enhancement of wetlands with comparable
functions and values.
(8) Upon a finding by the director that a fill or removal, or
both, authorized under subsection (7)(b) of this section has
caused or is likely to cause more than minimal adverse impact to
the wetland system considering required mitigation conditions,
the director shall revise the order to require individual permit
review according to ORS 196.682 or provide additional conditions
to ensure that adverse impacts are minimal. Such revision shall
not be subject to ORS 196.684.
SECTION 75. ORS 215.213 is amended to read:
215.213. (1) In counties that have adopted marginal lands
provisions under ORS 197.247 (1991 Edition), the following uses
may be established in any area zoned for exclusive farm use:
(a) Public or private schools, including all buildings
essential to the operation of a school.
(b) Churches and cemeteries in conjunction with churches.
(c) The propagation or harvesting of a forest product.
(d) Utility facilities necessary for public service, including
wetland waste treatment systems but not including commercial
facilities for the purpose of generating electrical power for
public use by sale or transmission towers over 200 feet in
height. A utility facility necessary for public service may be
established as provided in ORS 215.275.
(e) A dwelling on real property used for farm use if the
dwelling is occupied by a relative of the farm operator or the
farm operator's spouse, which means a child, parent, stepparent,
grandchild, grandparent, stepgrandparent, sibling, stepsibling,
niece, nephew or first cousin of either, if the farm operator
does or will require the assistance of the relative in the
management of the farm use and the dwelling is located on the
same lot or parcel as the dwelling of the farm operator.
Notwithstanding ORS 92.010 to 92.190 or the minimum lot or parcel
size requirements under ORS 215.780, if the owner of a dwelling
described in this paragraph obtains construction financing or
other financing secured by the dwelling and the secured party
forecloses on the dwelling, the secured party may also foreclose
on the homesite, as defined in ORS 308A.250, and the foreclosure
shall operate as a partition of the homesite to create a new
parcel.
(f) Nonresidential buildings customarily provided in
conjunction with farm use.
(g) Primary or accessory dwellings customarily provided in
conjunction with farm use. For a primary dwelling, the dwelling
must be on a lot or parcel that is managed as part of a farm
operation and is not smaller than the minimum lot size in a farm
zone with a minimum lot size acknowledged under ORS 197.251.
(h) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005, including the placement and operation of
compressors, separators and other customary production equipment
for an individual well adjacent to the wellhead. Any activities
or construction relating to such operations shall not be a basis
for an exception under ORS 197.732 (2)(a) or (b).
(i) Operations for the exploration for minerals as defined by
ORS 517.750. Any activities or construction relating to such
operations shall not be a basis for an exception under ORS
197.732 (2)(a) or (b).
(j) A site for the disposal of solid waste that has been
ordered to be established by the Environmental Quality Commission
under ORS 459.049, together with equipment, facilities or
buildings necessary for its operation.
(k) One manufactured dwelling or recreational vehicle, or the
temporary residential use of an existing building, in conjunction
with an existing dwelling as a temporary use for the term of a
hardship suffered by the existing resident or a relative of the
resident. Within three months of the end of the hardship, the
manufactured dwelling or recreational vehicle shall be removed or
demolished or, in the case of an existing building, the building
shall be removed, demolished or returned to an allowed
nonresidential use. The governing body or its designee shall
provide for periodic review of the hardship claimed under this
paragraph. A temporary residence approved under this paragraph is
not eligible for replacement under paragraph (t) of this
subsection.
(L) The breeding, kenneling and training of greyhounds for
racing in any county with a population of more than 200,000 in
which there is located a greyhound racing track or in a county
with a population of more than 200,000 that is contiguous to such
a county.
(m) Climbing and passing lanes within the right of way existing
as of July 1, 1987.
(n) Reconstruction or modification of public roads and
highways, including the placement of utility facilities overhead
and in the subsurface of public roads and highways along the
public right of way, but not including the addition of travel
lanes, where no removal or displacement of buildings would occur,
or no new land parcels result.
(o) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time
as no longer needed.
(p) Minor betterment of existing public road and highway
related facilities, such as maintenance yards, weigh stations and
rest areas, within right of way existing as of July 1, 1987, and
contiguous public-owned property utilized to support the
operation and maintenance of public roads and highways.
(q) A replacement dwelling to be used in conjunction with farm
use if the existing dwelling has been listed in a county
inventory as historic property as defined in ORS 358.480.
(r) Creation of, restoration of or enhancement of wetlands.
(s) A winery, as described in ORS 215.452.
(t) Alteration, restoration or replacement of a lawfully
established dwelling that:
(A) Has intact exterior walls and roof structure;
(B) Has indoor plumbing consisting of a kitchen sink, toilet
and bathing facilities connected to a sanitary waste disposal
system;
(C) Has interior wiring for interior lights;
(D) Has a heating system; and
(E) In the case of replacement:
(i) Is removed, demolished or converted to an allowable
nonresidential use within three months of the completion of the
replacement dwelling. A replacement dwelling may be sited on any
part of the same lot or parcel. A dwelling established under this
paragraph shall comply with all applicable siting standards.
However, the standards shall not be applied in a manner that
prohibits the siting of the dwelling. If the dwelling to be
replaced is located on a portion of the lot or parcel not zoned
for exclusive farm use, the applicant, as a condition of
approval, shall execute and record in the deed records for the
county where the property is located a deed restriction
prohibiting the siting of a dwelling on that portion of the lot
or parcel. The restriction imposed shall be irrevocable unless a
statement of release is placed in the deed records for the
county. The release shall be signed by the county or its designee
and state that the provisions of this paragraph regarding
replacement dwellings have changed to allow the siting of another
dwelling. The county planning director or the director's designee
shall maintain a record of the lots and parcels that do not
qualify for the siting of a new dwelling under the provisions of
this paragraph, including a copy of the deed restrictions and
release statements filed under this paragraph; and
(ii) For which the applicant has requested a deferred
replacement permit, is removed or demolished within three months
after the deferred replacement permit is issued. A deferred
replacement permit allows construction of the replacement
dwelling at any time. If, however, the established dwelling is
not removed or demolished within three months after the deferred
replacement permit is issued, the permit becomes void. The
replacement dwelling must comply with applicable building codes,
plumbing codes, sanitation codes and other requirements relating
to health and safety or to siting at the time of construction. A
deferred replacement permit may not be transferred, by sale or
otherwise, except by the applicant to the spouse or a child of
the applicant.
(u) Farm stands if:
(A) The structures are designed and used for the sale of farm
crops or livestock grown on the farm operation, or grown on the
farm operation and other farm operations in the local
agricultural area, including the sale of retail incidental items
and fee-based activity to promote the sale of farm crops or
livestock sold at the farm stand if the annual sale of incidental
items and fees from promotional activity do not make up more than
25 percent of the total annual sales of the farm stand; and
(B) The farm stand does not include structures designed for
occupancy as a residence or for activity other than the sale of
farm crops or livestock and does not include structures for
banquets, public gatherings or public entertainment.
(v) An armed forces reserve center, if the center is within
one-half mile of a community college. For purposes of this
paragraph, 'armed forces reserve center' includes an armory or
National Guard support facility.
(w) A site for the takeoff and landing of model aircraft,
including such buildings or facilities as may reasonably be
necessary. Buildings or facilities shall not be more than 500
square feet in floor area or placed on a permanent foundation
unless the building or facility preexisted the use approved under
this paragraph. The site shall not include an aggregate surface
or hard surface area unless the surface preexisted the use
approved under this paragraph. As used in this paragraph, 'model
aircraft' means a small-scale version of an airplane, glider,
helicopter, dirigible or balloon that is used or intended to be
used for flight and is controlled by radio, lines or design by a
person on the ground.
(x) A facility for the processing of farm crops, or the
production of biofuel as defined in ORS 315.141, that is located
on a farm operation that provides at least one-quarter of the
farm crops processed at the facility. The building established
for the processing facility shall not exceed 10,000 square feet
of floor area exclusive of the floor area designated for
preparation, storage or other farm use or devote more than 10,000
square feet to the processing activities within another building
supporting farm uses. A processing facility shall comply with all
applicable siting standards but the standards shall not be
applied in a manner that prohibits the siting of the processing
facility.
(y) Fire service facilities providing rural fire protection
services.
(z) Irrigation canals, delivery lines and those structures and
accessory operational facilities associated with a district as
defined in ORS 540.505.
(aa) Utility facility service lines. Utility facility service
lines are utility lines and accessory facilities or structures
that end at the point where the utility service is received by
the customer and that are located on one or more of the
following:
(A) A public right of way;
(B) Land immediately adjacent to a public right of way,
provided the written consent of all adjacent property owners has
been obtained; or
(C) The property to be served by the utility.
(bb) Subject to the issuance of a license, permit or other
approval by the Department of Environmental Quality under ORS
454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in
compliance with rules adopted under ORS 468B.095, and as provided
in ORS 215.246 to 215.251, the land application of reclaimed
water, agricultural or industrial process water or biosolids for
agricultural, horticultural or silvicultural production, or for
irrigation in connection with a use allowed in an exclusive farm
use zone under this chapter.
(2) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), the following uses may be
established in any area zoned for exclusive farm use subject to
ORS 215.296:
(a) A primary dwelling in conjunction with farm use or the
propagation or harvesting of a forest product on a lot or parcel
that is managed as part of a farm operation or woodlot if the
farm operation or woodlot:
(A) Consists of 20 or more acres; and
(B) Is not smaller than the average farm or woodlot in the
county producing at least $2,500 in annual gross income from the
crops, livestock or forest products to be raised on the farm
operation or woodlot.
(b) A primary dwelling in conjunction with farm use or the
propagation or harvesting of a forest product on a lot or parcel
that is managed as part of a farm operation or woodlot smaller
than required under paragraph (a) of this subsection, if the lot
or parcel:
(A) Has produced at least $20,000 in annual gross farm income
in two consecutive calendar years out of the three calendar years
before the year in which the application for the dwelling was
made or is planted in perennials capable of producing upon
harvest an average of at least $20,000 in annual gross farm
income; or
(B) Is a woodlot capable of producing an average over the
growth cycle of $20,000 in gross annual income.
(c) Commercial activities that are in conjunction with farm
use, including the processing of farm crops into biofuel not
permitted under ORS 215.203 (2)(b)(L) or subsection (1)(x) of
this section.
(d) Operations conducted for:
(A) Mining and processing of geothermal resources as defined by
ORS 522.005 and oil and gas as defined by ORS 520.005, not
otherwise permitted under subsection (1)(h) of this section;
(B) Mining, crushing or stockpiling of aggregate and other
mineral and other subsurface resources subject to ORS 215.298;
(C) Processing, as defined by ORS 517.750, of aggregate into
asphalt or portland cement; and
(D) Processing of other mineral resources and other subsurface
resources.
(e) Community centers owned by a governmental agency or a
nonprofit community organization and operated primarily by and
for residents of the local rural community, hunting and fishing
preserves, public and private parks, playgrounds and campgrounds.
Subject to the approval of the county governing body or its
designee, a private campground may provide yurts for overnight
camping. No more than one-third or a maximum of 10 campsites,
whichever is smaller, may include a yurt. The yurt shall be
located on the ground or on a wood floor with no permanent
foundation. Upon request of a county governing body, the
{ - Land Conservation and Development Commission - }
{ + regional commission for the region, as described in section
2 of this 2009 Act, + } may provide by rule for an increase in
the number of yurts allowed on all or a portion of the
campgrounds in a county if the { + regional + } commission
determines that the increase will comply with the standards
described in ORS 215.296 (1). A public park or campground may be
established as provided under ORS 195.120. As used in this
paragraph, 'yurt' means a round, domed shelter of cloth or canvas
on a collapsible frame with no plumbing, sewage disposal hookup
or internal cooking appliance.
(f) Golf courses.
(g) Commercial utility facilities for the purpose of generating
power for public use by sale.
(h) Personal-use airports for airplanes and helicopter pads,
including associated hangar, maintenance and service facilities.
A personal-use airport as used in this section means an airstrip
restricted, except for aircraft emergencies, to use by the owner,
and, on an infrequent and occasional basis, by invited guests,
and by commercial aviation activities in connection with
agricultural operations. No aircraft may be based on a
personal-use airport other than those owned or controlled by the
owner of the airstrip. Exceptions to the activities permitted
under this definition may be granted through waiver action by the
Oregon Department of Aviation in specific instances. A
personal-use airport lawfully existing as of September 13, 1975,
shall continue to be permitted subject to any applicable rules of
the Oregon Department of Aviation.
(i) A facility for the primary processing of forest products,
provided that such facility is found to not seriously interfere
with accepted farming practices and is compatible with farm uses
described in ORS 215.203 (2). Such a facility may be approved for
a one-year period which is renewable. These facilities are
intended to be only portable or temporary in nature. The primary
processing of a forest product, as used in this section, means
the use of a portable chipper or stud mill or other similar
methods of initial treatment of a forest product in order to
enable its shipment to market. Forest products, as used in this
section, means timber grown upon a parcel of land or contiguous
land where the primary processing facility is located.
(j) A site for the disposal of solid waste approved by the
governing body of a city or county or both and for which a permit
has been granted under ORS 459.245 by the Department of
Environmental Quality together with equipment, facilities or
buildings necessary for its operation.
(k) Dog kennels not described in subsection (1)(L) of this
section.
(L) Residential homes as defined in ORS 197.660, in existing
dwellings.
(m) The propagation, cultivation, maintenance and harvesting of
aquatic species that are not under the jurisdiction of the State
Fish and Wildlife Commission or insect species. Insect species
shall not include any species under quarantine by the State
Department of Agriculture or the United States Department of
Agriculture. The county shall provide notice of all applications
under this paragraph to the State Department of Agriculture.
Notice shall be provided in accordance with the county's land use
regulations but shall be mailed at least 20 calendar days prior
to any administrative decision or initial public hearing on the
application.
(n) Home occupations as provided in ORS 215.448.
(o) Transmission towers over 200 feet in height.
(p) Construction of additional passing and travel lanes
requiring the acquisition of right of way but not resulting in
the creation of new land parcels.
(q) Reconstruction or modification of public roads and highways
involving the removal or displacement of buildings but not
resulting in the creation of new land parcels.
(r) Improvement of public road and highway related facilities
such as maintenance yards, weigh stations and rest areas, where
additional property or right of way is required but not resulting
in the creation of new land parcels.
(s) A destination resort that is approved consistent with the
requirements of any statewide { + land use + } planning goal
relating to the siting of a destination resort.
(t) Room and board arrangements for a maximum of five unrelated
persons in existing residences.
(u) A living history museum related to resource based
activities owned and operated by a governmental agency or a local
historical society, together with limited commercial activities
and facilities that are directly related to the use and enjoyment
of the museum and located within authentic buildings of the
depicted historic period or the museum administration building,
if areas other than an exclusive farm use zone cannot accommodate
the museum and related activities or if the museum administration
buildings and parking lot are located within one quarter mile of
the metropolitan urban growth boundary. As used in this
paragraph:
(A) 'Living history museum' means a facility designed to depict
and interpret everyday life and culture of some specific historic
period using authentic buildings, tools, equipment and people to
simulate past activities and events; and
(B) 'Local historical society' means the local historical
society, recognized as such by the county governing body and
organized under ORS chapter 65.
(v) Operations for the extraction and bottling of water.
(w) An aerial fireworks display business that has been in
continuous operation at its current location within an exclusive
farm use zone since December 31, 1986, and possesses a
wholesaler's permit to sell or provide fireworks.
(x) A landscape contracting business, as defined in ORS
671.520, or a business providing landscape architecture services,
as described in ORS 671.318, if the business is pursued in
conjunction with the growing and marketing of nursery stock on
the land that constitutes farm use.
(3) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), a single-family residential
dwelling not provided in conjunction with farm use may be
established on a lot or parcel with soils predominantly in
capability classes IV through VIII as determined by the
Agricultural Capability Classification System in use by the
United States Department of Agriculture Soil Conservation Service
on October 15, 1983. A proposed dwelling is subject to approval
of the governing body or its designee in any area zoned for
exclusive farm use upon written findings showing all of the
following:
(a) The dwelling or activities associated with the dwelling
will not force a significant change in or significantly increase
the cost of accepted farming practices on nearby lands devoted to
farm use.
(b) The dwelling is situated upon generally unsuitable land for
the production of farm crops and livestock, considering the
terrain, adverse soil or land conditions, drainage and flooding,
location and size of the tract. A lot or parcel shall not be
considered unsuitable solely because of its size or location if
it can reasonably be put to farm use in conjunction with other
land.
(c) Complies with such other conditions as the governing body
or its designee considers necessary.
(4) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), one single-family dwelling, not
provided in conjunction with farm use, may be established in any
area zoned for exclusive farm use on a lot or parcel described in
subsection (7) of this section that is not larger than three
acres upon written findings showing:
(a) The dwelling or activities associated with the dwelling
will not force a significant change in or significantly increase
the cost of accepted farming practices on nearby lands devoted to
farm use;
(b) If the lot or parcel is located within the Willamette River
Greenway, a floodplain or a geological hazard area, the dwelling
complies with conditions imposed by local ordinances relating
specifically to the Willamette River Greenway, floodplains or
geological hazard areas, whichever is applicable; and
(c) The dwelling complies with other conditions considered
necessary by the governing body or its designee.
(5) Upon receipt of an application for a permit under
subsection (4) of this section, the governing body shall notify:
(a) Owners of land that is within 250 feet of the lot or parcel
on which the dwelling will be established; and
(b) Persons who have requested notice of such applications and
who have paid a reasonable fee imposed by the county to cover the
cost of such notice.
(6) The notice required in subsection (5) of this section shall
specify that persons have 15 days following the date of postmark
of the notice to file a written objection on the grounds only
that the dwelling or activities associated with it would force a
significant change in or significantly increase the cost of
accepted farming practices on nearby lands devoted to farm use.
If no objection is received, the governing body or its designee
shall approve or disapprove the application. If an objection is
received, the governing body shall set the matter for hearing in
the manner prescribed in ORS 215.402 to 215.438. The governing
body may charge the reasonable costs of the notice required by
subsection (5)(a) of this section to the applicant for the permit
requested under subsection (4) of this section.
(7) Subsection (4) of this section applies to a lot or parcel
lawfully created between January 1, 1948, and July 1, 1983. For
the purposes of this section:
(a) Only one lot or parcel exists if:
(A) A lot or parcel described in this section is contiguous to
one or more lots or parcels described in this section; and
(B) On July 1, 1983, greater than possessory interests are held
in those contiguous lots, parcels or lots and parcels by the same
person, spouses or a single partnership or business entity,
separately or in tenancy in common.
(b) 'Contiguous' means lots, parcels or lots and parcels that
have a common boundary, including but not limited to, lots,
parcels or lots and parcels separated only by a public road.
(8) A person who sells or otherwise transfers real property in
an exclusive farm use zone may retain a life estate in a dwelling
on that property and in a tract of land under and around the
dwelling.
(9) No final approval of a nonfarm use under this section shall
be given unless any additional taxes imposed upon the change in
use have been paid.
(10) Roads, highways and other transportation facilities and
improvements not allowed under subsections (1) and (2) of this
section may be established, subject to the approval of the
governing body or its designee, in areas zoned for exclusive farm
use subject to:
(a) Adoption of an exception to the goal related to
agricultural lands and to any other applicable goal with which
the facility or improvement does not comply; or
(b) ORS 215.296 for those uses identified by rule of the
{ - Land Conservation and Development Commission as provided in
section 3, chapter 529, Oregon Laws 1993 - } { + regional
commission for the region, as described in section 2 of this 2009
Act + }.
SECTION 76. ORS 215.263 is amended to read:
215.263. (1) Any proposed division of land included within an
exclusive farm use zone resulting in the creation of one or more
parcels of land shall be reviewed and approved or disapproved by
the governing body or its designee of the county in which the
land is situated. The governing body of a county by ordinance
shall require such prior review and approval for such divisions
of land within exclusive farm use zones established within the
county.
(2) The governing body of a county or its designee may approve
a proposed division of land to create parcels for farm use as
defined in ORS 215.203 if it finds:
(a) That the proposed division of land is appropriate for the
continuation of the existing commercial agricultural enterprise
within the area; or
(b) The parcels created by the proposed division are not
smaller than the minimum size established under ORS 215.780.
(3) The governing body of a county or its designee may approve
a proposed division of land in an exclusive farm use zone for
nonfarm uses, except dwellings, set out in ORS 215.213 (2) or
215.283 (2) if it finds that the parcel for the nonfarm use is
not larger than the minimum size necessary for the use. The
governing body may establish other criteria as it considers
necessary.
(4) In western Oregon, as defined in ORS 321.257, but not in
the Willamette Valley, as defined in ORS 215.010, the governing
body of a county or its designee:
(a) May approve a division of land in an exclusive farm use
zone to create up to two new parcels smaller than the minimum
size established under ORS 215.780, each to contain a dwelling
not provided in conjunction with farm use if:
(A) The nonfarm dwellings have been approved under ORS 215.213
(3) or 215.284 (2) or (3);
(B) The parcels for the nonfarm dwellings are divided from a
lot or parcel that was lawfully created prior to July 1, 2001;
(C) The parcels for the nonfarm dwellings are divided from a
lot or parcel that complies with the minimum size established
under ORS 215.780;
(D) The remainder of the original lot or parcel that does not
contain the nonfarm dwellings complies with the minimum size
established under ORS 215.780; and
(E) The parcels for the nonfarm dwellings are generally
unsuitable for the production of farm crops and livestock or
merchantable tree species considering the terrain, adverse soil
or land conditions, drainage or flooding, vegetation, location
and size of the tract. A parcel may not be considered unsuitable
based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land.
(b) May approve a division of land in an exclusive farm use
zone to divide a lot or parcel into two parcels, each to contain
one dwelling not provided in conjunction with farm use if:
(A) The nonfarm dwellings have been approved under ORS 215.284
(2) or (3);
(B) The parcels for the nonfarm dwellings are divided from a
lot or parcel that was lawfully created prior to July 1, 2001;
(C) The parcels for the nonfarm dwellings are divided from a
lot or parcel that is equal to or smaller than the minimum size
established under ORS 215.780 but equal to or larger than 40
acres;
(D) The parcels for the nonfarm dwellings are:
(i) Not capable of producing more than at least 50 cubic feet
per acre per year of wood fiber; and
(ii) Composed of at least 90 percent Class VI through VIII
soils;
(E) The parcels for the nonfarm dwellings do not have
established water rights for irrigation; and
(F) The parcels for the nonfarm dwellings are generally
unsuitable for the production of farm crops and livestock or
merchantable tree species considering the terrain, adverse soil
or land conditions, drainage or flooding, vegetation, location
and size of the tract. A parcel may not be considered unsuitable
based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land.
(5) In eastern Oregon, as defined in ORS 321.805, the governing
body of a county or its designee:
(a) May approve a division of land in an exclusive farm use
zone to create up to two new parcels smaller than the minimum
size established under ORS 215.780, each to contain a dwelling
not provided in conjunction with farm use if:
(A) The nonfarm dwellings have been approved under ORS 215.284
(7);
(B) The parcels for the nonfarm dwellings are divided from a
lot or parcel that was lawfully created prior to July 1, 2001;
(C) The parcels for the nonfarm dwellings are divided from a
lot or parcel that complies with the minimum size established
under ORS 215.780;
(D) The remainder of the original lot or parcel that does not
contain the nonfarm dwellings complies with the minimum size
established under ORS 215.780; and
(E) The parcels for the nonfarm dwellings are generally
unsuitable for the production of farm crops and livestock or
merchantable tree species considering the terrain, adverse soil
or land conditions, drainage or flooding, vegetation, location
and size of the tract. A parcel may not be considered unsuitable
based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land.
(b) May approve a division of land in an exclusive farm use
zone to divide a lot or parcel into two parcels, each to contain
one dwelling not provided in conjunction with farm use if:
(A) The nonfarm dwellings have been approved under ORS 215.284
(7);
(B) The parcels for the nonfarm dwellings are divided from a
lot or parcel that was lawfully created prior to July 1, 2001;
(C) The parcels for the nonfarm dwellings are divided from a
lot or parcel that is equal to or smaller than the minimum size
established under ORS 215.780 but equal to or larger than 40
acres;
(D) The parcels for the nonfarm dwellings are:
(i) Not capable of producing more than at least 20 cubic feet
per acre per year of wood fiber; and
(ii) Either composed of at least 90 percent Class VII and VIII
soils, or composed of at least 90 percent Class VI through VIII
soils and are not capable of producing adequate herbaceous forage
for grazing livestock. The { - Land Conservation and
Development Commission - } { + regional commission for the
region, as described in section 2 of this 2009 Act + }, in
cooperation with the State Department of Agriculture and other
interested persons, may establish by rule objective criteria for
identifying units of land that are not capable of producing
adequate herbaceous forage for grazing livestock. In developing
the criteria, the { + regional + } commission shall use the
latest information from the United States Natural Resources
Conservation Service and consider costs required to utilize
grazing lands that differ in acreage and productivity level;
(E) The parcels for the nonfarm dwellings do not have
established water rights for irrigation; and
(F) The parcels for the nonfarm dwellings are generally
unsuitable for the production of farm crops and livestock or
merchantable tree species considering the terrain, adverse soil
or land conditions, drainage or flooding, vegetation, location
and size of the tract. A parcel may not be considered unsuitable
based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land.
(6) This section does not apply to the creation or sale of
cemetery lots, if a cemetery is within the boundaries designated
for a farm use zone at the time the zone is established.
(7) This section does not apply to divisions of land resulting
from lien foreclosures or divisions of land resulting from
foreclosure of recorded contracts for the sale of real property.
(8) The governing body of a county may not approve any proposed
division of a lot or parcel described in ORS 215.213 (1)(e) or
(k), 215.283 (1)(e) or (2)(L) or 215.284 (1), or a proposed
division that separates a processing facility from the farm
operation specified in ORS 215.213 (1)(x) or 215.283 (1)(u).
(9) The governing body of a county may approve a proposed
division of land in an exclusive farm use zone to create a parcel
with an existing dwelling to be used:
(a) As a residential home as described in ORS 197.660 (2) only
if the dwelling has been approved under ORS 215.213 (3) or
215.284 (1), (2), (3), (4) or (7); and
(b) For historic property that meets the requirements of ORS
215.213 (1)(q) and 215.283 (1)(o).
(10)(a) Notwithstanding ORS 215.780, the governing body of a
county or its designee may approve a proposed division of land
provided:
(A) The land division is for the purpose of allowing a provider
of public parks or open space, or a not-for-profit land
conservation organization, to purchase at least one of the
resulting parcels; and
(B) A parcel created by the land division that contains a
dwelling is large enough to support continued residential use of
the parcel.
(b) A parcel created pursuant to this subsection that does not
contain a dwelling:
(A) Is not eligible for siting a dwelling, except as may be
authorized under ORS 195.120;
(B) May not be considered in approving or denying an
application for siting any other dwelling;
(C) May not be considered in approving a redesignation or
rezoning of forestlands except for a redesignation or rezoning to
allow a public park, open space or other natural resource use;
and
(D) May not be smaller than 25 acres unless the purpose of the
land division is:
(i) To facilitate the creation of a wildlife or pedestrian
corridor or the implementation of a wildlife habitat protection
plan; or
(ii) To allow a transaction in which at least one party is a
public park or open space provider, or a not-for-profit land
conservation organization, that has cumulative ownership of at
least 2,000 acres of open space or park property.
(11) The governing body of a county or its designee may approve
a division of land smaller than the minimum lot or parcel size
described in ORS 215.780 (1) and (2) in an exclusive farm use
zone provided:
(a) The division is for the purpose of establishing a church,
including cemeteries in conjunction with the church;
(b) The church has been approved under ORS 215.213 (1) or
215.283 (1);
(c) The newly created lot or parcel is not larger than five
acres; and
(d) The remaining lot or parcel, not including the church,
meets the minimum lot or parcel size described in ORS 215.780 (1)
and (2) either by itself or after it is consolidated with another
lot or parcel.
(12) The governing body of a county may not approve a division
of land for nonfarm use under subsection (3), (4), (5), (9), (10)
or (11) of this section unless any additional tax imposed for the
change in use has been paid.
(13) Parcels used or to be used for training or stabling
facilities may not be considered appropriate to maintain the
existing commercial agricultural enterprise in an area where
other types of agriculture occur.
SECTION 77. ORS 215.275 is amended to read:
215.275. (1) A utility facility established under ORS 215.213
(1)(d) or 215.283 (1)(d) is necessary for public service if the
facility must be sited in an exclusive farm use zone in order to
provide the service.
(2) To demonstrate that a utility facility is necessary, an
applicant for approval under ORS 215.213 (1)(d) or 215.283 (1)(d)
must show that reasonable alternatives have been considered and
that the facility must be sited in an exclusive farm use zone due
to one or more of the following factors:
(a) Technical and engineering feasibility;
(b) The proposed facility is locationally dependent. A utility
facility is locationally dependent if it must cross land in one
or more areas zoned for exclusive farm use in order to achieve a
reasonably direct route or to meet unique geographical needs that
cannot be satisfied on other lands;
(c) Lack of available urban and nonresource lands;
(d) Availability of existing rights of way;
(e) Public health and safety; and
(f) Other requirements of state or federal agencies.
(3) Costs associated with any of the factors listed in
subsection (2) of this section may be considered, but cost alone
may not be the only consideration in determining that a utility
facility is necessary for public service. Land costs shall not be
included when considering alternative locations for substantially
similar utility facilities. The { - Land Conservation and
Development Commission - } { + regional commission for the
region, as described in section 2 of this 2009 Act, + } shall
determine by rule how land costs may be considered when
evaluating the siting of utility facilities that are not
substantially similar.
(4) The owner of a utility facility approved under ORS 215.213
(1)(d) or 215.283 (1)(d) shall be responsible for restoring, as
nearly as possible, to its former condition any agricultural land
and associated improvements that are damaged or otherwise
disturbed by the siting, maintenance, repair or reconstruction of
the facility. Nothing in this section shall prevent the owner of
the utility facility from requiring a bond or other security from
a contractor or otherwise imposing on a contractor the
responsibility for restoration.
(5) The governing body of the county or its designee shall
impose clear and objective conditions on an application for
utility facility siting under ORS 215.213 (1)(d) or 215.283
(1)(d) to mitigate and minimize the impacts of the proposed
facility, if any, on surrounding lands devoted to farm use in
order to prevent a significant change in accepted farm practices
or a significant increase in the cost of farm practices on the
surrounding farmlands.
(6) The provisions of subsections (2) to (5) of this section do
not apply to interstate natural gas pipelines and associated
facilities authorized by and subject to regulation by the Federal
Energy Regulatory Commission.
SECTION 78. ORS 215.278 is amended to read:
215.278. (1) The { - Land Conservation and Development
Commission - } { + regional commission for the region, as
described in section 2 of this 2009 Act, + } shall revise
administrative rules regarding dwellings customarily provided in
conjunction with farm use to allow, under ORS 215.213 and
215.283, the establishment of accessory dwellings needed to
provide opportunities for farmworker housing for individuals
primarily engaged in farm use whose assistance in the management
of the farm is or will be required by the farm operator on the
farm unit.
(2) As used in this section, 'farm unit' means the contiguous
and noncontiguous tracts in common ownership used by the farm
operator for farm use as defined in ORS 215.203.
SECTION 79. ORS 215.282 is amended to read:
215.282. The { - Land Conservation and Development
Commission - } { + regional commission for the region, as
described in section 2 of this 2009 Act, + } shall consider the
findings of ORS 215.281 and adopt rules that provide standards
for the review of a primary or accessory dwelling customarily
provided in conjunction with a commercial dairy farm.
Notwithstanding any other administrative rule establishing a
gross farm income standard, the rules adopted under this section
shall allow the siting of a dwelling on a commercial dairy farm
prior to the dairy earning any gross farm income.
SECTION 80. ORS 215.283 is amended to read:
215.283. (1) The following uses may be established in any area
zoned for exclusive farm use:
(a) Public or private schools, including all buildings
essential to the operation of a school.
(b) Churches and cemeteries in conjunction with churches.
(c) The propagation or harvesting of a forest product.
(d) Utility facilities necessary for public service, including
wetland waste treatment systems but not including commercial
facilities for the purpose of generating electrical power for
public use by sale or transmission towers over 200 feet in
height. A utility facility necessary for public service may be
established as provided in ORS 215.275.
(e) A dwelling on real property used for farm use if the
dwelling is occupied by a relative of the farm operator or the
farm operator's spouse, which means a child, parent, stepparent,
grandchild, grandparent, stepgrandparent, sibling, stepsibling,
niece, nephew or first cousin of either, if the farm operator
does or will require the assistance of the relative in the
management of the farm use and the dwelling is located on the
same lot or parcel as the dwelling of the farm operator.
Notwithstanding ORS 92.010 to 92.190 or the minimum lot or parcel
size requirements under ORS 215.780, if the owner of a dwelling
described in this paragraph obtains construction financing or
other financing secured by the dwelling and the secured party
forecloses on the dwelling, the secured party may also foreclose
on the homesite, as defined in ORS 308A.250, and the foreclosure
shall operate as a partition of the homesite to create a new
parcel.
(f) Primary or accessory dwellings and other buildings
customarily provided in conjunction with farm use.
(g) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005, including the placement and operation of
compressors, separators and other customary production equipment
for an individual well adjacent to the wellhead. Any activities
or construction relating to such operations shall not be a basis
for an exception under ORS 197.732 (2)(a) or (b).
(h) Operations for the exploration for minerals as defined by
ORS 517.750. Any activities or construction relating to such
operations shall not be a basis for an exception under ORS
197.732 (2)(a) or (b).
(i) A site for the disposal of solid waste that has been
ordered to be established by the Environmental Quality Commission
under ORS 459.049, together with equipment, facilities or
buildings necessary for its operation.
(j) The breeding, kenneling and training of greyhounds for
racing.
(k) Climbing and passing lanes within the right of way existing
as of July 1, 1987.
(L) Reconstruction or modification of public roads and
highways, including the placement of utility facilities overhead
and in the subsurface of public roads and highways along the
public right of way, but not including the addition of travel
lanes, where no removal or displacement of buildings would occur,
or no new land parcels result.
(m) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time
as no longer needed.
(n) Minor betterment of existing public road and highway
related facilities such as maintenance yards, weigh stations and
rest areas, within right of way existing as of July 1, 1987, and
contiguous public-owned property utilized to support the
operation and maintenance of public roads and highways.
(o) A replacement dwelling to be used in conjunction with farm
use if the existing dwelling has been listed in a county
inventory as historic property as defined in ORS 358.480.
(p) Creation of, restoration of or enhancement of wetlands.
(q) A winery, as described in ORS 215.452.
(r) Farm stands if:
(A) The structures are designed and used for the sale of farm
crops or livestock grown on the farm operation, or grown on the
farm operation and other farm operations in the local
agricultural area, including the sale of retail incidental items
and fee-based activity to promote the sale of farm crops or
livestock sold at the farm stand if the annual sale of incidental
items and fees from promotional activity do not make up more than
25 percent of the total annual sales of the farm stand; and
(B) The farm stand does not include structures designed for
occupancy as a residence or for activity other than the sale of
farm crops or livestock and does not include structures for
banquets, public gatherings or public entertainment.
(s) Alteration, restoration or replacement of a lawfully
established dwelling that:
(A) Has intact exterior walls and roof structure;
(B) Has indoor plumbing consisting of a kitchen sink, toilet
and bathing facilities connected to a sanitary waste disposal
system;
(C) Has interior wiring for interior lights;
(D) Has a heating system; and
(E) In the case of replacement:
(i) Is removed, demolished or converted to an allowable
nonresidential use within three months of the completion of the
replacement dwelling. A replacement dwelling may be sited on any
part of the same lot or parcel. A dwelling established under this
paragraph shall comply with all applicable siting standards.
However, the standards shall not be applied in a manner that
prohibits the siting of the dwelling. If the dwelling to be
replaced is located on a portion of the lot or parcel not zoned
for exclusive farm use, the applicant, as a condition of
approval, shall execute and record in the deed records for the
county where the property is located a deed restriction
prohibiting the siting of a dwelling on that portion of the lot
or parcel. The restriction imposed shall be irrevocable unless a
statement of release is placed in the deed records for the
county. The release shall be signed by the county or its designee
and state that the provisions of this paragraph regarding
replacement dwellings have changed to allow the siting of another
dwelling. The county planning director or the director's designee
shall maintain a record of the lots and parcels that do not
qualify for the siting of a new dwelling under the provisions of
this paragraph, including a copy of the deed restrictions and
release statements filed under this paragraph; and
(ii) For which the applicant has requested a deferred
replacement permit, is removed or demolished within three months
after the deferred replacement permit is issued. A deferred
replacement permit allows construction of the replacement
dwelling at any time. If, however, the established dwelling is
not removed or demolished within three months after the deferred
replacement permit is issued, the permit becomes void. The
replacement dwelling must comply with applicable building codes,
plumbing codes, sanitation codes and other requirements relating
to health and safety or to siting at the time of construction. A
deferred replacement permit may not be transferred, by sale or
otherwise, except by the applicant to the spouse or a child of
the applicant.
(t) A site for the takeoff and landing of model aircraft,
including such buildings or facilities as may reasonably be
necessary. Buildings or facilities shall not be more than 500
square feet in floor area or placed on a permanent foundation
unless the building or facility preexisted the use approved under
this paragraph. The site shall not include an aggregate surface
or hard surface area unless the surface preexisted the use
approved under this paragraph. As used in this paragraph, 'model
aircraft' means a small-scale version of an airplane, glider,
helicopter, dirigible or balloon that is used or intended to be
used for flight and is controlled by radio, lines or design by a
person on the ground.
(u) A facility for the processing of farm crops, or the
production of biofuel as defined in ORS 315.141, that is located
on a farm operation that provides at least one-quarter of the
farm crops processed at the facility. The building established
for the processing facility shall not exceed 10,000 square feet
of floor area exclusive of the floor area designated for
preparation, storage or other farm use or devote more than 10,000
square feet to the processing activities within another building
supporting farm uses. A processing facility shall comply with all
applicable siting standards but the standards shall not be
applied in a manner that prohibits the siting of the processing
facility.
(v) Fire service facilities providing rural fire protection
services.
(w) Irrigation canals, delivery lines and those structures and
accessory operational facilities associated with a district as
defined in ORS 540.505.
(x) Utility facility service lines. Utility facility service
lines are utility lines and accessory facilities or structures
that end at the point where the utility service is received by
the customer and that are located on one or more of the
following:
(A) A public right of way;
(B) Land immediately adjacent to a public right of way,
provided the written consent of all adjacent property owners has
been obtained; or
(C) The property to be served by the utility.
(y) Subject to the issuance of a license, permit or other
approval by the Department of Environmental Quality under ORS
454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in
compliance with rules adopted under ORS 468B.095, and as provided
in ORS 215.246 to 215.251, the land application of reclaimed
water, agricultural or industrial process water or biosolids for
agricultural, horticultural or silvicultural production, or for
irrigation in connection with a use allowed in an exclusive farm
use zone under this chapter.
(z) A county law enforcement facility that lawfully existed on
August 20, 2002, and is used to provide rural law enforcement
services primarily in rural areas, including parole and
post-prison supervision, but not including a correctional
facility as defined under ORS 162.135.
(2) The following nonfarm uses may be established, subject to
the approval of the governing body or its designee in any area
zoned for exclusive farm use subject to ORS 215.296:
(a) Commercial activities that are in conjunction with farm
use, including the processing of farm crops into biofuel not
permitted under ORS 215.203 (2)(b)(L) or subsection (1)(u) of
this section.
(b) Operations conducted for:
(A) Mining and processing of geothermal resources as defined by
ORS 522.005 and oil and gas as defined by ORS 520.005 not
otherwise permitted under subsection (1)(g) of this section;
(B) Mining, crushing or stockpiling of aggregate and other
mineral and other subsurface resources subject to ORS 215.298;
(C) Processing, as defined by ORS 517.750, of aggregate into
asphalt or portland cement; and
(D) Processing of other mineral resources and other subsurface
resources.
(c) Private parks, playgrounds, hunting and fishing preserves
and campgrounds. Subject to the approval of the county governing
body or its designee, a private campground may provide yurts for
overnight camping. No more than one-third or a maximum of 10
campsites, whichever is smaller, may include a yurt. The yurt
shall be located on the ground or on a wood floor with no
permanent foundation. Upon request of a county governing body,
the
{ - Land Conservation and Development Commission - }
{ + regional commission for the region, as described in section
2 of this 2009 Act, + } may provide by rule for an increase in
the number of yurts allowed on all or a portion of the
campgrounds in a county if the { + regional + } commission
determines that the increase will comply with the standards
described in ORS 215.296 (1). As used in this paragraph, ' yurt'
means a round, domed shelter of cloth or canvas on a collapsible
frame with no plumbing, sewage disposal hookup or internal
cooking appliance.
(d) Parks and playgrounds. A public park may be established
consistent with the provisions of ORS 195.120.
(e) Community centers owned by a governmental agency or a
nonprofit community organization and operated primarily by and
for residents of the local rural community. A community center
authorized under this paragraph may provide services to veterans,
including but not limited to emergency and transitional shelter,
preparation and service of meals, vocational and educational
counseling and referral to local, state or federal agencies
providing medical, mental health, disability income replacement
and substance abuse services, only in a facility that is in
existence on January 1, 2006. The services may not include direct
delivery of medical, mental health, disability income replacement
or substance abuse services.
(f) Golf courses.
(g) Commercial utility facilities for the purpose of generating
power for public use by sale.
(h) Personal-use airports for airplanes and helicopter pads,
including associated hangar, maintenance and service facilities.
A personal-use airport, as used in this section, means an
airstrip restricted, except for aircraft emergencies, to use by
the owner, and, on an infrequent and occasional basis, by invited
guests, and by commercial aviation activities in connection with
agricultural operations. No aircraft may be based on a
personal-use airport other than those owned or controlled by the
owner of the airstrip. Exceptions to the activities permitted
under this definition may be granted through waiver action by the
Oregon Department of Aviation in specific instances. A
personal-use airport lawfully existing as of September 13, 1975,
shall continue to be permitted subject to any applicable rules of
the Oregon Department of Aviation.
(i) Home occupations as provided in ORS 215.448.
(j) A facility for the primary processing of forest products,
provided that such facility is found to not seriously interfere
with accepted farming practices and is compatible with farm uses
described in ORS 215.203 (2). Such a facility may be approved for
a one-year period which is renewable. These facilities are
intended to be only portable or temporary in nature. The primary
processing of a forest product, as used in this section, means
the use of a portable chipper or stud mill or other similar
methods of initial treatment of a forest product in order to
enable its shipment to market. Forest products, as used in this
section, means timber grown upon a parcel of land or contiguous
land where the primary processing facility is located.
(k) A site for the disposal of solid waste approved by the
governing body of a city or county or both and for which a permit
has been granted under ORS 459.245 by the Department of
Environmental Quality together with equipment, facilities or
buildings necessary for its operation.
(L) One manufactured dwelling or recreational vehicle, or the
temporary residential use of an existing building, in conjunction
with an existing dwelling as a temporary use for the term of a
hardship suffered by the existing resident or a relative of the
resident. Within three months of the end of the hardship, the
manufactured dwelling or recreational vehicle shall be removed or
demolished or, in the case of an existing building, the building
shall be removed, demolished or returned to an allowed
nonresidential use. The governing body or its designee shall
provide for periodic review of the hardship claimed under this
paragraph. A temporary residence approved under this paragraph is
not eligible for replacement under subsection (1)(s) of this
section.
(m) Transmission towers over 200 feet in height.
(n) Dog kennels not described in subsection (1)(j) of this
section.
(o) Residential homes as defined in ORS 197.660, in existing
dwellings.
(p) The propagation, cultivation, maintenance and harvesting of
aquatic species that are not under the jurisdiction of the State
Fish and Wildlife Commission or insect species. Insect species
shall not include any species under quarantine by the State
Department of Agriculture or the United States Department of
Agriculture. The county shall provide notice of all applications
under this paragraph to the State Department of Agriculture.
Notice shall be provided in accordance with the county's land use
regulations but shall be mailed at least 20 calendar days prior
to any administrative decision or initial public hearing on the
application.
(q) Construction of additional passing and travel lanes
requiring the acquisition of right of way but not resulting in
the creation of new land parcels.
(r) Reconstruction or modification of public roads and highways
involving the removal or displacement of buildings but not
resulting in the creation of new land parcels.
(s) Improvement of public road and highway related facilities,
such as maintenance yards, weigh stations and rest areas, where
additional property or right of way is required but not resulting
in the creation of new land parcels.
(t) A destination resort that is approved consistent with the
requirements of any statewide { + land use + } planning goal
relating to the siting of a destination resort.
(u) Room and board arrangements for a maximum of five unrelated
persons in existing residences.
(v) Operations for the extraction and bottling of water.
(w) Expansion of existing county fairgrounds and activities
directly relating to county fairgrounds governed by county fair
boards established pursuant to ORS 565.210.
(x) A living history museum related to resource based
activities owned and operated by a governmental agency or a local
historical society, together with limited commercial activities
and facilities that are directly related to the use and enjoyment
of the museum and located within authentic buildings of the
depicted historic period or the museum administration building,
if areas other than an exclusive farm use zone cannot accommodate
the museum and related activities or if the museum administration
buildings and parking lot are located within one quarter mile of
an urban growth boundary. As used in this paragraph:
(A) 'Living history museum' means a facility designed to depict
and interpret everyday life and culture of some specific historic
period using authentic buildings, tools, equipment and people to
simulate past activities and events; and
(B) 'Local historical society' means the local historical
society recognized by the county governing body and organized
under ORS chapter 65.
(y) An aerial fireworks display business that has been in
continuous operation at its current location within an exclusive
farm use zone since December 31, 1986, and possesses a
wholesaler's permit to sell or provide fireworks.
(z) A landscape contracting business, as defined in ORS
671.520, or a business providing landscape architecture services,
as described in ORS 671.318, if the business is pursued in
conjunction with the growing and marketing of nursery stock on
the land that constitutes farm use.
(3) Roads, highways and other transportation facilities and
improvements not allowed under subsections (1) and (2) of this
section may be established, subject to the approval of the
governing body or its designee, in areas zoned for exclusive farm
use subject to:
(a) Adoption of an exception to the goal related to
agricultural lands and to any other applicable goal with which
the facility or improvement does not comply; or
(b) ORS 215.296 for those uses identified by rule of the
{ - Land Conservation and Development Commission - }
{ + regional commission for the region, as described in section
2 of this 2009 Act, + } as provided in section 3, chapter 529,
Oregon Laws 1993.
SECTION 81. ORS 215.304 is amended to read:
215.304. (1) The { - Land Conservation and Development
Commission shall - } { + regional commission for the region, as
described in section 2 of this 2009 Act, may + } not adopt or
implement any rule to identify or designate small-scale farmland
or secondary land.
(2) Amendments required to conform rules to the provisions of
subsection (1) of this section and ORS 215.700 to 215.780 shall
be adopted by March 1, 1994.
(3) Any portion of a rule inconsistent with the provisions of
ORS 197.247 (1991 Edition), 215.213, 215.214 (1991 Edition),
215.288 (1991 Edition), 215.317, 215.327 and 215.337 (1991
Edition) or 215.700 to 215.780 on March 1, 1994:
(a) Shall not be implemented or enforced; and
(b) Has no legal effect.
SECTION 82. ORS 215.306 is amended to read:
215.306. (1) The limitations on uses made of land in exclusive
farm use zones described in ORS 215.213, 215.283, 215.284 and
215.700 to 215.780 and limitations imposed by or adopted pursuant
to ORS 197.040 { + or section 2 of this 2009 Act + } do not
apply to activities described in this section.
(2) The provisions of this section do not affect the
eligibility of a zone for special assessment as provided in ORS
308A.050 to 308A.128.
(3)(a) On-site filming and activities accessory to on-site
filming may be conducted in any area zoned for exclusive farm use
without prior approval of local government but subject to ORS
30.930 to 30.947.
(b) Notwithstanding paragraph (a) of this subsection, on-site
filming and activities accessory to on-site filming that exceed
45 days on any site within a one-year period or involve erection
of sets that would remain in place for longer than 45 days may be
conducted only upon approval of the governing body or its
designee in any area zoned for exclusive farm use subject to ORS
215.296. In addition to other activities described in subsection
(4) of this section, these activities may include office
administrative functions such as payroll and scheduling, and the
use of campers, truck trailers or similar temporary facilities.
Temporary facilities may be used as temporary housing for
security personnel.
(4) For purposes of this section, 'on-site filming and
activities accessory to on-site filming':
(a) Includes:
(A) Filming and site preparation, construction of sets,
staging, makeup and support services customarily provided for
on-site filming.
(B) Production of advertisements, documentaries, feature film,
television services and other film productions that rely on the
rural qualities of an exclusive farm use zone in more than an
incidental way.
(b) Does not include:
(A) Facilities for marketing, editing and other such activities
that are allowed only as a home occupation; or
(B) Construction of new structures that requires a building
permit.
(5) A decision of local government issuing any permits
necessary for activities under subsection (3)(a) of this section
is not a land use decision.
SECTION 83. ORS 215.311 is amended to read:
215.311. (1) The limitations on uses of land in exclusive farm
use zones described in ORS 215.283, 215.284 and 215.700 to
215.780 and limitations imposed by or adopted pursuant to ORS
197.040 { + or section 2 of this 2009 Act + } do not apply to
log truck parking under this section.
(2) The provisions of this section do not affect the
eligibility of a zone for special assessment as provided in ORS
308A.050 to 308A.128.
(3) Notwithstanding any other provision of law except for
health and safety provisions, parking no more than seven log
trucks shall be allowed in an exclusive farm use zone unless the
local government determines that log truck parking on a lot or
parcel will:
(a) Force a significant change in accepted farm or forest
practices on surrounding lands devoted to farm or forest use; or
(b) Significantly increase the cost of accepted farm or forest
practices on surrounding lands devoted to farm or forest use.
SECTION 84. ORS 215.457 is amended to read:
215.457. A person may establish a youth camp on land zoned for
forest use or mixed farm and forest use, consistent with rules
adopted { - by the Land Conservation and Development
Commission - } under section 3, chapter 586, Oregon Laws
1999 { + , by the regional commission for the region, as
described in section 2 of this 2009 Act + }.
SECTION 85. ORS 215.459 is amended to read:
215.459. (1)(a) Subject to the approval of the county governing
body or its designee, a private campground may be established in
an area zoned for forest use or mixed farm and forest use.
Subject to the approval of the county governing body or its
designee, the campground may provide yurts for overnight camping.
No more than one-third or a maximum of 10 campsites, whichever is
smaller, may include a yurt. The yurt shall be located on the
ground or on a wood floor with no permanent foundation.
(b) A public park or campground may be established as provided
in ORS 195.120 in an area zoned for forest use or mixed farm and
forest use.
(2) Upon request of a county governing body, the { - Land
Conservation and Development Commission - } { + regional
commission for the region, as described in section 2 of this 2009
Act, + } may provide by rule for an increase in the number of
yurts allowed on all or a portion of the campgrounds in a county
if the { + regional + } commission determines that the increase
will comply with the standards described in ORS 215.296 (1).
(3) As used in this section, 'yurt' means a round, domed
shelter of cloth or canvas on a collapsible frame with no
plumbing, sewage disposal hookup or internal cooking appliance.
SECTION 86. 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
margin to the right margin:
_________________________________________________________________
This is to notify you that (governing body of the county) has
proposed a land use regulation that 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), (governing body) will hold a
public hearing regarding the adoption of Ordinance Number
___. The (governing body) has determined that adoption of this
ordinance may affect the permissible uses of your property, and
other properties in the affected zone, and may change 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 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
margin to the right margin:
_________________________________________________________________
This is to notify you that (governing body of the county) has
proposed a land use that may affect the permissible uses of your
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 { + or the regional commission for the
region + }, (governing body) has proposed Ordinance Number ___.
(Governing Body) has determined that the adoption of this
ordinance may affect the permissible uses of your property, and
other properties in the affected zone, and may change 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 { + or a regional
commission, as defined in ORS 197.015, + } 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 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 87. ORS 215.740 is amended to read:
215.740. (1) If a dwelling is not allowed under ORS 215.720
(1), a dwelling may be allowed on land zoned for forest use under
a goal protecting forestland if it complies with other provisions
of law and is sited on a tract:
(a) In eastern Oregon of at least 240 contiguous acres except
as provided in subsection (3) of this section; or
(b) In western Oregon of at least 160 contiguous acres except
as provided in subsection (3) of this section.
(2) For purposes of subsection (1) of this section, a tract
shall not be considered to consist of less than 240 acres or 160
acres because it is crossed by a public road or a waterway.
(3)(a) An owner of tracts that are not contiguous but are in
the same county or adjacent counties and zoned for forest use may
add together the acreage of two or more tracts to total 320 acres
or more in eastern Oregon or 200 acres or more in western Oregon
to qualify for a dwelling under subsection (1) of this section.
(b) If an owner totals 320 or 200 acres, as appropriate, under
paragraph (a) of this subsection, the owner shall submit proof of
nonrevocable deed restrictions recorded in the deed records for
the tracts in the 320 or 200 acres, as appropriate. The deed
restrictions shall preclude all future rights to construct a
dwelling on the tracts or to use the tracts to total acreage for
future siting of dwellings for present and any future owners
unless the tract is no longer subject to protection under goals
for agricultural lands or forestlands.
(c) The { - Land Conservation and Development Commission - }
{ + regional commission for the region, as described in section
2 of this 2009 Act, + } shall adopt rules that prescribe the
language of the deed restriction, the procedures for recording,
the procedures under which counties shall keep records of lots or
parcels used to create the total, the mechanisms for providing
notice to subsequent purchasers of the limitations under
paragraph (b) of this subsection and other rules to implement
this section.
SECTION 88. ORS 215.780 is amended to read:
215.780. (1) Except as provided in subsection (2) of this
section, the following minimum lot or parcel sizes apply to all
counties:
(a) For land zoned for exclusive farm use and not designated
rangeland, at least 80 acres;
(b) For land zoned for exclusive farm use and designated
rangeland, at least 160 acres; and
(c) For land designated forestland, at least 80 acres.
(2) A county may adopt a lower minimum lot or parcel size than
that described in subsection (1) of this section in any of the
following circumstances:
(a) By demonstrating to the { - Land Conservation and
Development Commission - } { + regional commission for the
region, as described in section 2 of this 2009 Act, + } that
{ - it - } { + the county + } can do so while continuing to
meet the requirements of ORS 215.243 and 527.630 and the
{ + statewide + } land use planning goals adopted under ORS
{ - 197.230 - } { + 197.225 + }.
(b) To allow the establishment of a parcel for a dwelling on
land zoned for forest use or mixed farm and forest use, subject
to the following requirements:
(A) The parcel established shall not be larger than five acres,
except as necessary to recognize physical factors such as roads
or streams, in which case the parcel shall be no larger than 10
acres;
(B) The dwelling existed prior to June 1, 1995;
(C)(i) The remaining parcel, not containing the dwelling, meets
the minimum land division standards of the zone; or
(ii) The remaining parcel, not containing the dwelling, is
consolidated with another parcel, and together the parcels meet
the minimum land division standards of the zone; and
(D) The remaining parcel, not containing the dwelling, is not
entitled to a dwelling unless subsequently authorized by law or
goal.
(c) In addition to the requirements of paragraph (b) of this
subsection, if the land is zoned for mixed farm and forest use
the following requirements apply:
(A) The minimum tract eligible under paragraph (b) of this
subsection is 40 acres.
(B) The tract shall be predominantly in forest use and that
portion in forest use qualified for special assessment under a
program under ORS chapter 321.
(C) The remainder of the tract shall not qualify for any uses
allowed under ORS 215.213 and 215.283 that are not allowed on
forestland.
(d) To allow a division of forestland to facilitate a forest
practice as defined in ORS 527.620 that results in a parcel that
does not meet the minimum area requirements of subsection (1)(c)
of this section or paragraph (a) of this subsection. Parcels
created pursuant to this subsection:
(A) Shall not be eligible for siting of a new dwelling;
(B) Shall not serve as the justification for the siting of a
future dwelling on other lots or parcels;
(C) Shall not, as a result of the land division, be used to
justify redesignation or rezoning of resource lands;
(D) Shall not result in a parcel of less than 35 acres, except:
(i) Where the purpose of the land division is to facilitate an
exchange of lands involving a governmental agency; or
(ii) Where the purpose of the land division is to allow
transactions in which at least one participant is a person with a
cumulative ownership of at least 2,000 acres of forestland; and
(E) If associated with the creation of a parcel where a
dwelling is involved, shall not result in a parcel less than the
minimum lot or parcel size of the zone.
(e) To allow a division of a lot or parcel zoned for forest use
or mixed farm and forest use under a statewide planning goal
protecting forestland if:
(A) At least two dwellings lawfully existed on the lot or
parcel prior to November 4, 1993;
(B) Each dwelling complies with the criteria for a replacement
dwelling under ORS 215.213 (1)(t) or 215.283 (1)(s);
(C) Except for one lot or parcel, each lot or parcel created
under this paragraph is between two and five acres in size;
(D) At least one dwelling is located on each lot or parcel
created under this paragraph; and
(E) The landowner of a lot or parcel created under this
paragraph provides evidence that a restriction prohibiting the
landowner and the landowner's successors in interest from further
dividing the lot or parcel has been recorded with the county
clerk of the county in which the lot or parcel is located. A
restriction imposed under this paragraph shall be irrevocable
unless a statement of release is signed by the county planning
director of the county in which the lot or parcel is located
indicating that the comprehensive plan or land use regulations
applicable to the lot or parcel have been changed so that the lot
or parcel is no longer subject to statewide { + land use + }
planning goals protecting forestland or unless the land division
is subsequently authorized by law or by a change in a statewide
{ + land use + } planning goal for land zoned for forest use or
mixed farm and forest use.
(f) To allow a proposed division of land in a forest zone or a
mixed farm and forest zone as provided in ORS 215.783.
(3) A county planning director shall maintain a record of lots
and parcels that do not qualify for division under the
restrictions imposed under subsections (2)(e) and (4) of this
section. The record shall be readily available to the public.
(4) A lot or parcel may not be divided under subsection (2)(e)
of this section if an existing dwelling on the lot or parcel was
approved under:
(a) A statute, an administrative rule or a land use regulation
as defined in ORS 197.015 that required removal of the dwelling
or that prohibited subsequent division of the lot or parcel; or
(b) A farm use zone provision that allowed both farm and forest
uses in a mixed farm and forest use zone under a statewide { +
land use + } planning goal protecting forestland.
(5) A county with a minimum lot or parcel size acknowledged by
the { + regional + } commission { + for the region + }pursuant
to ORS 197.251 after January 1, 1987, or acknowledged pursuant to
periodic review requirements under ORS 197.628 to 197.650 that is
smaller than those prescribed in subsection (1) of this section
need not comply with subsection (2) of this section.
(6)(a) An applicant for the creation of a parcel pursuant to
subsection (2)(b) of this section shall provide evidence that a
restriction on the remaining parcel, not containing the dwelling,
has been recorded with the county clerk of the county where the
property is located. An applicant for the creation of a parcel
pursuant to subsection (2)(d) of this section shall provide
evidence that a restriction on the newly created parcel has been
recorded with the county clerk of the county where the property
is located. The restriction shall allow no dwellings unless
authorized by law or goal on land zoned for forest use except as
permitted under subsection (2) of this section.
(b) A restriction imposed under this subsection shall be
irrevocable unless a statement of release is signed by the county
planning director of the county where the property is located
indicating that the comprehensive plan or land use regulations
applicable to the property have been changed in such a manner
that the parcel is no longer subject to statewide { + land
use + } planning goals pertaining to agricultural land or
forestland.
(c) The county planning director shall maintain a record of
parcels that do not qualify for the siting of a new dwelling
under restrictions imposed by this subsection. The record shall
be readily available to the public.
(7) A landowner allowed a land division under subsection (2) of
this section shall sign a statement that shall be recorded with
the county clerk of the county in which the property is located,
declaring that the landowner and the landowner's successors in
interest will not in the future complain about accepted farming
or forest practices on nearby lands devoted to farm or forest
use.
SECTION 89. ORS 223.317 is amended to read:
223.317. (1) Notwithstanding any other law, a local government
may apportion a final assessment levied by it against a single
tract or parcel of real property among all the parcels formed
from a subsequent partition or other division of that tract or
parcel, if the subsequent partition or division is in accordance
with ORS 92.010 to 92.190 and is consistent with all applicable
comprehensive plans as acknowledged by the { - Land
Conservation and Development Commission - } { + regional
commission for the region + } under ORS 197.251. The
proportionate distribution of a final assessment authorized under
this subsection may be made whenever the final assessment remains
wholly or partially unpaid, and full payment or an installment
payment is not due.
(2) A local government shall apportion a final assessment under
this section when requested to do so by any owner, mortgagee or
lienholder of a parcel of real property that was formed from the
partition or other division of the larger tract of real property
against which the final assessment was originally levied. When
the deed, mortgage or other instrument evidencing the applicant's
ownership or other interest in the parcel has not been recorded
by the county clerk of the county in which the parcel is
situated, the local government shall not apportion the final
assessment unless the applicant files a true copy of that deed,
mortgage or instrument with the local government.
(3) Apportionment of a final assessment under this section
shall be done in accordance with an order or resolution of the
governing body of the local government. The order or resolution
shall describe each parcel of real property affected by the
apportionment, the amount of the final assessment levied against
each parcel, the owner of each parcel and such additional
information as is required to keep a permanent and complete
record of the final assessments and the payments thereon. A copy
of the order or resolution shall be filed with the recorder
required to maintain the lien docket for the local government,
who shall make any necessary changes or entries in the lien
docket for the local government.
SECTION 90. 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
margin to the right margin:
_________________________________________________________________
This is to notify you that (city) has proposed a land use
regulation that 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), (city) will hold a public hearing
regarding the adoption of Ordinance Number ___. The (city) has
determined that adoption of this ordinance may affect the
permissible uses of your property, and other properties in the
affected zone, and may change 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 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
margin to the right margin:
_________________________________________________________________
This is to notify you that (city) has proposed a land use
regulation that may affect the permissible uses of your 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 { + or the regional commission for the
region + }, (city) has proposed Ordinance Number ___. (City) has
determined that the adoption of this ordinance may affect the
permissible uses of your property, and other properties in the
affected zone, and may change 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 { + or the regional
commission for the region, as described in section 2 of this 2009
Act, + } 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 91. ORS 244.050 is amended to read:
244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Ethics Commission a
verified statement of economic interest as required under this
chapter:
(a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
(b) Any judicial officer, including justices of the peace and
municipal judges, except any pro tem judicial officer who does
not otherwise serve as a judicial officer.
(c) Any candidate for a public office designated in paragraph
(a) or (b) of this subsection.
(d) The Deputy Attorney General.
(e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
(f) The Chancellor and Vice Chancellors of the Oregon
University System and the president and vice presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
(g) The following state officers:
(A) Adjutant General.
(B) Director of Agriculture.
(C) Manager of State Accident Insurance Fund Corporation.
(D) Water Resources Director.
(E) Director of Department of Environmental Quality.
(F) Director of Oregon Department of Administrative Services.
(G) State Fish and Wildlife Director.
(H) State Forester.
(I) State Geologist.
(J) Director of Human Services.
(K) Director of the Department of Consumer and Business
Services.
(L) Director of the Department of State Lands.
(M) State Librarian.
(N) Administrator of Oregon Liquor Control Commission.
(O) Superintendent of State Police.
(P) Director of the Public Employees Retirement System.
(Q) Director of Department of Revenue.
(R) Director of Transportation.
(S) Public Utility Commissioner.
(T) Director of Veterans' Affairs.
(U) Executive Director of Oregon Government Ethics Commission.
(V) Director of the State Department of Energy.
(W) Director and each assistant director of the Oregon State
Lottery.
(h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
(i) Every elected city or county official.
(j) Every member of a city or county planning, zoning or
development commission.
(k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county.
(L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
(m) Every member of a governing body of a metropolitan service
district and the executive officer thereof.
(n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
(o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
(p) Every member of the following state boards and commissions:
(A) Board of Geologic and Mineral Industries.
(B) Oregon Economic and Community Development Commission.
(C) State Board of Education.
(D) Environmental Quality Commission.
(E) Fish and Wildlife Commission of the State of Oregon.
(F) State Board of Forestry.
(G) Oregon Government Ethics Commission.
(H) Oregon Health Policy Commission.
(I) State Board of Higher Education.
(J) Oregon Investment Council.
(K) Land Conservation and Development Commission { + or a
regional land use planning commission established under section 2
of this 2009 Act + }.
(L) Oregon Liquor Control Commission.
(M) Oregon Short Term Fund Board.
(N) State Marine Board.
(O) Mass transit district boards.
(P) Energy Facility Siting Council.
(Q) Board of Commissioners of the Port of Portland.
(R) Employment Relations Board.
(S) Public Employees Retirement Board.
(T) Oregon Racing Commission.
(U) Oregon Transportation Commission.
(V) Wage and Hour Commission.
(W) Water Resources Commission.
(X) Workers' Compensation Board.
(Y) Oregon Facilities Authority.
(Z) Oregon State Lottery Commission.
(AA) Pacific Northwest Electric Power and Conservation Planning
Council.
(BB) Columbia River Gorge Commission.
(CC) Oregon Health and Science University Board of Directors.
(q) The following officers of the State Treasurer:
(A) Chief Deputy State Treasurer.
(B) Chief of staff for the office of the State Treasurer.
(C) Director of the Investment Division.
(r) Every member of the board of commissioners of a port
governed by ORS 777.005 to 777.725 or 777.915 to 777.953.
(s) Every member of the board of directors of an authority
created under ORS 441.525 to 441.595.
(2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
Oregon Government Ethics Commission a statement of economic
interest as required under ORS 244.060, 244.070 and 244.090.
(3) By April 15 next after the filing deadline for the primary
election, each candidate for public office described in
subsection (1) of this section shall file with the commission a
statement of economic interest as required under ORS 244.060,
244.070 and 244.090.
(4) Within 30 days after the filing deadline for the general
election, each candidate for public office described in
subsection (1) of this section who was not a candidate in the
preceding primary election, or who was nominated for public
office described in subsection (1) of this section at the
preceding primary election by write-in votes, shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(5) Subsections (1) to (4) of this section apply only to
persons who are incumbent, elected or appointed public officials
as of April 15 and to persons who are candidates for public
office on April 15. Subsections (1) to (4) of this section also
apply to persons who do not become candidates until 30 days after
the filing deadline for the statewide general election.
(6) If a statement required to be filed under this section has
not been received by the commission within five days after the
date the statement is due, the commission shall notify the public
official or candidate and give the public official or candidate
not less than 15 days to comply with the requirements of this
section. If the public official or candidate fails to comply by
the date set by the commission, the commission may impose a civil
penalty as provided in ORS 244.350.
SECTION 92. ORS 284.577 is amended to read:
284.577. In furtherance of the state economic development
strategy developed under ORS 284.570, the { - Land Conservation
and Development Commission - } { + regional commission for the
region, as described in section 2 of this 2009 Act, + } shall:
(1) Provide local governments with basic and advanced methods
for identifying, analyzing and providing for industrial,
commercial and retail development sites.
(2) Develop and provide guidebooks and other appropriate
materials to assist local governments in identifying and
analyzing potential industrial, commercial and retail development
sites.
(3) Provide local governments with technical assistance to
assist in completing the identification and analysis and in
amending comprehensive plans and land use regulations based on
the identification and analysis.
(4) Provide grants to local governments in a manner that
furthers the implementation of the state economic development
strategy.
(5) Adopt, amend or repeal administrative rules and procedures
as necessary to ensure that the following actions can be
accomplished in a timely manner:
(a) Expansion of urban growth boundaries where necessary to
accommodate industrial or traded sector development;
(b) Review of amendments to comprehensive plans and land use
regulations and periodic review of comprehensive plans and land
use regulations; and
(c) Focus the resources of the Department of Land Conservation
and Development on issues related to land supply within urban
growth boundaries and transportation and public facilities
necessary to stimulate economic growth.
SECTION 93. ORS 285C.500 is amended to read:
285C.500. As used in ORS 285C.500 to 285C.506:
(1) 'Business firm' has the meaning given that term in ORS
285C.050.
(2) 'County per capita personal income' means the per capita
personal income level published by the Bureau of Economic
Analysis of the United States Department of Commerce for a
county.
(3) 'County unemployment rate' means the most recently
available unemployment rate for the county, as determined by the
Employment Department.
(4) 'Facility' means the land, real property improvements and
personal property that are used by a business firm to conduct
business operations, and that are the subject of an application
for preliminary certification under ORS 285C.503 or annual
certification under ORS 285C.506.
(5) 'Qualified location' means any area that is:
(a) Zoned for industrial use or is within the urban growth
boundary of a city that has 15,000 or fewer residents; and
(b) Located in a county that, during either of the two years
preceding the date an application for preliminary certification
is filed under ORS 285C.503, had both:
(A) A county unemployment rate that was in the highest quartile
of county unemployment rates in this state; and
(B) A county per capita personal income that was in the lowest
third of county per capita personal incomes in this state.
(6) 'Urban growth boundary' means an urban growth boundary
contained in { - a - } { + an acknowledged + } city or county
comprehensive plan
{ - that has been acknowledged by the Land Conservation and
Development Commission pursuant to ORS 197.251 or an urban growth
boundary that has been - } { + or an acknowledged regional
framework plan + } adopted by a metropolitan service district
{ - under ORS 268.390 (3) - } .
SECTION 94. ORS 285C.500, as amended by section 1, chapter 595,
Oregon Laws 2005, is amended to read:
285C.500. As used in ORS 285C.500 to 285C.506:
(1) 'Business firm' has the meaning given that term in ORS
285C.050.
(2) 'County per capita personal income' means the per capita
personal income level published by the Bureau of Economic
Analysis of the United States Department of Commerce for a
county.
(3) 'County unemployment rate' means the most recently
available unemployment rate for the county, as determined by the
Employment Department.
(4) 'Facility' means the land, real property improvements and
personal property that are used by a business firm to conduct
business operations, and that are the subject of an application
for preliminary certification under ORS 285C.503 or annual
certification under ORS 285C.506.
(5) 'Qualified location' means any area that is:
(a) Zoned for industrial use or is within the urban growth
boundary of a city that has 15,000 or fewer residents; and
(b) Located in a county that, during either of the two years
preceding the date an application for preliminary certification
is filed under ORS 285C.503, had both:
(A) A county unemployment rate that was in the top half of
county unemployment rates in this state; and
(B) A county per capita personal income that was in the bottom
half of county per capita personal incomes in this state.
(6) 'Urban growth boundary' means an urban growth boundary
contained in { - a - } { + an acknowledged + } city or county
comprehensive plan
{ - that has been acknowledged by the Land Conservation and
Development Commission pursuant to ORS 197.251 or an urban growth
boundary that has been - } { + or an acknowledged regional
framework plan + } adopted by a metropolitan service district
{ - under ORS 268.390 (3) - } .
SECTION 95. ORS 308A.065 is amended to read:
308A.065. (1) Upon written request of the county assessor or
county governing body, the county counsel shall review the zoning
ordinances of the county that purport to establish exclusive farm
use zones to determine if any zone mentioned in the ordinance is
not an exclusive farm use zone. If the county counsel is in doubt
as to whether a zone is an exclusive farm use zone, the county
counsel shall request the assistance of the Department of Revenue
under ORS 305.110. The county counsel shall promptly notify the
county assessor and county governing body by letter of the
findings of the county counsel.
(2) If the assessor discovers any land that has been granted
farm use special assessment under ORS 308A.062 that is not
qualified for such assessment because the zone is not an
exclusive farm use zone, the assessor shall immediately notify
the county governing body of this fact.
(3) Within six months from the date the county governing body
receives notice from the assessor or from the { + Department
of + } Land Conservation and Development { - Commission - }
that a farm use zone is not an exclusive farm use zone, the
county governing body shall qualify the zone as an exclusive farm
use zone within the meaning of ORS 308A.062. The assessor shall
continue to assess the land at the special assessment provided in
ORS 308A.107 until the county governing body qualifies the zone
or the land is disqualified under ORS 308A.113.
(4) Subsections (1) to (3) of this section shall provide the
exclusive procedure for correcting the erroneous granting of farm
use special assessment as exclusive farm use zone farmland when
the zone does not meet the definition of an exclusive farm use
zone under ORS 308A.053.
SECTION 96. ORS 308A.350 is amended to read:
308A.350. As used in ORS 308A.350 to 308A.383:
(1) 'Owner' means the party or parties having the fee interest
in land, except that where land is subject to a real estate sales
contract, 'owner' means the contract vendee under a recorded
contract.
(2) 'Department' means the State Department of Fish and
Wildlife.
(3) 'Designated riparian land' means the beds of streams, the
adjacent vegetation communities, and the land thereunder, which
are predominantly influenced by their association with water, not
to extend more than 100 feet landward of the line of nonaquatic
vegetation, which are privately owned and which qualify for
exemption under ORS 308A.350 to 308A.383.
(4) 'Urban growth boundary' means an urban growth boundary
contained in { - a - } { + an acknowledged + } city or county
comprehensive plan
{ - that has been acknowledged by the Land Conservation and
Development Commission pursuant to ORS 197.251 or an urban growth
boundary that has been - } { + or an acknowledged regional
framework plan + } adopted by a metropolitan service district
council { - under ORS 268.390 (3) - } .
SECTION 97. ORS 308A.700 is amended to read:
308A.700. As used in ORS 308A.700 to 308A.733:
(1) 'Disqualification' includes the removal of forestland
designation under ORS 321.359, 321.712, 321.716 or 321.842.
(2) 'Urban growth boundary' means an urban growth boundary
contained in { - a - } { + an acknowledged + } city or county
comprehensive plan
{ - that has been acknowledged by the Land Conservation and
Development Commission pursuant to ORS 197.251 or an urban growth
boundary that has been - } { + or an acknowledged regional
framework plan + } adopted by a metropolitan service district
{ - under ORS 268.390 (3) - } .
SECTION 98. ORS 383.017 is amended to read:
383.017. (1) The Department of Transportation may award any
contract, franchise, license or agreement related to a tollway
project, other than a concession for the provision of goods or
services at a rest area, under a competitive process or by
private negotiation with one or more entities, or by any
combination of competition and negotiation without regard to any
other laws concerning the procurement of goods or services for
projects of the state.
(2) When using a competitive process for the award of a tollway
project contract, the department shall consider the following
factors in addition to the proposer's estimate of cost:
(a) The quality of the design, if applicable, submitted by a
proposer. In considering the quality of the design of a tollway
project, the department shall take into consideration:
(A) The structural integrity of the design, including the
probable effect of the design on the future costs of maintenance
of the tollway;
(B) The aesthetic qualities of the design, including such
factors as the width of lane separators, landscaping and sound
walls;
(C) The traffic capacity of the design;
(D) The aspects of the design that affect safety, such as the
lane width, the quality of lane markers and separators, the shape
and positioning of ramps and curves and the changes in elevation;
and
(E) The ease with which traffic will be able to pass through
the toll collection facilities.
(b) The extent to which small businesses will be involved in
the tollway project. The department shall encourage participation
by small businesses to the maximum extent the department
determines is practicable. As used in this paragraph, 'small
business' means an independent business with fewer than 20
employees and with average annual gross receipts over the last
three years not exceeding $1 million for construction firms and
$300,000 for nonconstruction firms. 'Small business' does not
include a subsidiary or parent company belonging to a group of
firms that are owned and controlled by the same individuals and
that have average aggregate annual gross receipts in excess of $1
million for construction firms or $300,000 for nonconstruction
firms over the last three years.
(c) The financial stability of the proposer and the ability of
the proposer to provide funding for the tollway project and
surety for its performance and financial obligations with respect
to the tollway project.
(d) The experience of the proposer and its subcontractors in
building and operating projects such as the tollway project.
(e) The terms of the financial arrangement proposed or accepted
by the proposer with respect to franchise fees, license fees,
lease payments or operating expenses and the proposer's required
rate of return from its operation or maintenance of the tollway.
(3)(a) The department may adopt rules and procedures for the
award of franchises, licenses, leases or other concessions for
rest areas without regard to any other laws concerning the
procurement of goods or services for projects of the state. All
such franchises, licenses, leases or other concessions shall
require the franchisee, licensee, lessee or concessionaire, as
applicable, to maintain the subject premises in accordance with
all applicable state and federal health and safety standards, to
maintain one or more policies of casualty and property insurance
and adequate workers' compensation insurance, and to pay and
discharge all taxes, utilities, fees and other charges or claims
that are levied, assessed or charged against the premises or
concession or that may become a lien upon the premises. The rules
shall encourage participation by small businesses to the maximum
extent the department determines is practicable. The department
may grant any small business a 10 percent or greater bid
advantage in any bidding process for a concession.
(b) As used in this subsection, 'small business' means an
independent business with fewer than 20 employees and with
average annual gross receipts over the last three years not
exceeding $300,000. 'Small business' does not include a
subsidiary or parent company belonging to a group of firms that
are owned and controlled by the same individuals and that have
average aggregate annual gross receipts in excess of $300,000
over the last three years. 'Small business' also does not include
a franchise of any business that has average aggregate annual
gross receipts in excess of $300,000 over the last three years.
(4) Notwithstanding any other provision of this section, the
department may use any method for the award of any contract,
franchise, license or agreement that is necessary to comply with
the requirements of any grant or other funding source.
(5) If public funds are involved in the project, construction
of a tollway project shall be subject to the prevailing wage
requirements of ORS 279C.800 to 279C.870.
(6) For purposes of complying with applicable state and local
land use laws, including statewide { + land use + } planning
goals, comprehensive plans, land use regulations, ORS chapters
195, 196, 197, 198, 199, 215, 221, 222 and 227, and any
requirement imposed by the { + Department of + } Land
Conservation and Development
{ - Commission - } , a tollway project shall be treated as a
project of the Department { + of Transportation + } and not as a
project of any other person or entity.
(7) Tollways, and any related facilities that would normally be
purchased, constructed or installed by the department if the
tollway were a conventional highway that was constructed and
operated by the department, shall be exempt from ad valorem
property taxation.
(8) Tollways are considered state highways for purposes of law
enforcement and application of the Oregon Vehicle Code.
SECTION 99. ORS 390.322 is amended to read:
390.322. (1) Following the preparation of the plan or any
segment thereof under ORS 390.318, the State Parks and Recreation
Department shall submit such plan or segment to the { - Land
Conservation and Development Commission - } { + regional land
use planning commission for the region established under section
2 of this 2009 Act + }. The { + regional + } commission shall
investigate and review such plan or segment as it considers
necessary. If the { + regional + } commission finds that the
plan or segment complies with ORS 390.310 to 390.368,
{ - it - } { + the regional commission + } shall approve the
plan or segment. If the { + regional + } commission finds
revision of any part of the submitted plan or segment to be
necessary, { - it - } { + the regional commission + } may
revise the plan or segment itself or require such revision by the
department and units of local government.
(2) Upon approval of the plan for the Willamette River Greenway
or segment thereof, the { + regional + } commission shall cause
copies of such plan or segment to be filed with the recording
officer for each county having lands within the Willamette River
Greenway situated within its boundaries. Such plan or segment
filed as required by this subsection shall be retained in the
office of the county recording officer open for public inspection
during reasonable business hours.
(3) If the plan for the Willamette River Greenway is prepared
and approved in segments, the total of all such approved segments
shall constitute the plan for the Willamette River Greenway for
the purposes of ORS 390.310 to 390.368. The department and units
of local government, with the approval of the { + regional + }
commission, may revise the plan for the Willamette River Greenway
from time to time.
SECTION 100. ORS 468A.363 is amended to read:
468A.363. The Legislative Assembly declares the purpose of ORS
468A.363, 468A.365, 468A.400 and 815.300 is to:
(1) { - Insure - } { + Ensure + } that the health of
citizens in the Portland area is not threatened by recurring air
pollution conditions.
(2) Provide necessary authority to the Environmental Quality
Commission to implement one of the critical elements of the air
quality maintenance strategy for the Portland area related to
improvements in the motor vehicle inspection program.
(3) { - Insure - } { + Ensure + } that the Department of
Environmental Quality is able to submit an approvable air quality
maintenance plan for the Portland area through the year 2006 to
the Environmental Protection Agency as soon as possible so that
area can again be designated as an attainment area and
impediments to industrial growth imposed in the Clean Air Act can
be removed.
(4) Direct the Environmental Quality Commission to use existing
authority to incorporate the following programs for emission
reduction credits into the air quality maintenance plan for the
Portland area:
(a) California or United States Environmental Protection Agency
emission standards for new lawn and garden equipment sold in the
Portland area.
(b) Transportation-efficient land use requirements of the
transportation planning rule adopted by the { - Land
Conservation and Development Commission - } { + regional
commission for the region, as described in section 2 of this 2009
Act + }.
(c) Improvements in the vehicle inspection program as
authorized in ORS 468A.350 to 468A.400, including emission
reduction from on-road vehicles resulting from enhanced testing,
elimination of exemptions for 1974 and later model year vehicles,
and expansion of inspection program boundaries.
(d) An employer trip reduction program that provides an
emission reduction from on-road vehicles.
(e) A parking ratio program that limits the construction of new
parking spaces for employment, retail and commercial locations.
(f) Emission reductions resulting from any new federal motor
vehicle fuel tax.
(g) State and federal alternative fuel vehicles fleet programs
that result in emission reductions.
(h) Installation of maximum achievable control technology by
major sources of hazardous air pollutants as required by the
federal Clean Air Act, as amended, resulting in emission
reductions.
(i) As a safety margin, or as a substitute in whole or in part
for other elements of the plan, emission reductions resulting
from any new state gasoline tax or for any new vehicle
registration fee that allows use of revenue for air quality
improvement purposes.
SECTION 101. ORS 469.320 is amended to read:
469.320. (1) Except as provided in subsections (2) and (5) of
this section, no facility shall be constructed or expanded unless
a site certificate has been issued for the site thereof in the
manner provided in ORS 469.300 to 469.563, 469.590 to 469.619,
469.930 and 469.992. No facility shall be constructed or operated
except in conformity with the requirements of ORS 469.300 to
469.563, 469.590 to 469.619, 469.930 and 469.992.
(2) A site certificate is not required for:
(a) An energy facility for which no site certificate has been
issued that, on August 2, 1993, had operable electric generating
equipment for a modification that uses the same fuel type and
increases electric generating capacity, if:
(A) The site is not enlarged; and
(B) The ability of the energy facility to use fuel for
electricity production under peak steady state operating
conditions is not more than 200 million Btu per hour greater than
it was on August 2, 1993, or the energy facility expansion is
called for in the short-term plan of action of an energy resource
plan that has been acknowledged by the Public Utility Commission
of Oregon.
(b) Construction or expansion of any interstate natural gas
pipeline or associated underground natural gas storage facility
authorized by and subject to the continuing regulation of the
Federal Energy Regulatory Commission or successor agency.
(c) An energy facility, except coal and nuclear power plants,
if the energy facility:
(A) Sequentially produces electrical energy and useful thermal
energy from the same fuel source; and
(B) Under normal operating conditions, has a useful thermal
energy output of no less than 33 percent of the total energy
output or the fuel chargeable to power heat rate value is not
greater than 6,000 Btu per kilowatt hour.
(d) Temporary storage, at the site of a nuclear-fueled thermal
power plant for which a site certificate has been issued by the
State of Oregon, of radioactive waste from the plant.
(e) An energy facility as defined in ORS 469.300 (11)(a)(G), if
the plant also produces a secondary fuel used on site for the
production of heat or electricity, if the output of the primary
fuel is less than six billion Btu of heat a day.
(f) An energy facility as defined in ORS 469.300 (11)(a)(G), if
the facility:
(A) Exclusively uses biomass, including but not limited to
grain, whey, potatoes, oil seeds, waste vegetable oil or
cellulosic biomass, as the source of material for conversion to a
liquid fuel;
(B) Has received local land use approval under the applicable
acknowledged comprehensive plan and land use regulations of the
affected local government and the facility complies with any
statewide { + land use + } planning goals or { + any + } rules
of the Land Conservation and Development Commission { + or the
regional land use planning commission for the region established
under section 2 of this 2009 Act + } that are directly applicable
to the facility;
(C) Requires no new electric transmission lines or gas or
petroleum product pipelines that would require a site certificate
under subsection (1) of this section;
(D) Produces synthetic fuel, at least 90 percent of which is
used in an industrial or refueling facility located within one
mile of the facility or is transported from the facility by rail
or barge; and
(E) Emits less than 118 pounds of carbon dioxide per million
Btu from fossil fuel used for conversion energy.
(g) A standby generation facility, if the facility complies
with all of the following:
(A) The facility has received local land use approval under the
applicable acknowledged comprehensive plan and land use
regulations of the affected local government and the facility
complies with all statewide { + land use + } planning goals and
applicable rules of the Land Conservation and Development
Commission { + or the regional commission for the region + };
(B) The standby generators have been approved by the Department
of Environmental Quality as having complied with all applicable
air and water quality requirements. For an applicant that
proposes to provide the physical facilities for the installation
of standby generators, the requirement of this subparagraph may
be met by agreeing to require such a term in the lease contract
for the facility; and
(C) The standby generators are electrically incapable of being
interconnected to the transmission grid. For an applicant that
proposes to provide the physical facilities for the installation
of standby generators, the requirement of this subparagraph may
be met by agreeing to require such a term in the lease contract
for the facility.
(3) The Energy Facility Siting Council may review and, if
necessary, revise the fuel chargeable to power heat rate value
set forth in subsection (2)(c)(B) of this section. In making its
determination, the council shall ensure that the fuel chargeable
to power heat rate value for facilities set forth in subsection
(2)(c)(B) of this section remains significantly lower than the
fuel chargeable to power heat rate value for the best available,
commercially viable thermal power plant technology at the time of
the revision.
(4) Any person who proposes to construct or enlarge an energy
facility and who claims an exemption under subsection (2)(a),
(c), (f) or (g) of this section from the requirement to obtain a
site certificate shall request the Energy Facility Siting Council
to determine whether the proposed facility qualifies for the
claimed exemption. The council shall make its determination
within 60 days after the request for exemption is filed. An
appeal from the council's determination on a request for
exemption shall be made under ORS 469.403, except that the scope
of review by the Supreme Court shall be the same as a review by a
circuit court under ORS 183.484. The record on review by the
Supreme Court shall be the record established in the council
proceeding on the exemption.
(5) Notwithstanding subsection (1) of this section, a separate
site certificate shall not be required for:
(a) Transmission lines, storage facilities, pipelines or
similar related or supporting facilities, if such related or
supporting facilities are addressed in and are subject to a site
certificate for another energy facility;
(b) Expansion within the site or within the energy generation
area of a facility for which a site certificate has been issued,
if the existing site certificate has been amended to authorize
expansion; or
(c) Expansion, either within the site or outside the site, of
an existing council certified surface facility related to an
underground gas storage reservoir, if the existing site
certificate is amended to authorize expansion.
(6) If the substantial loss of the steam host causes a facility
exempt under subsection (2)(c) of this section to substantially
fail to meet the exemption requirements under subsection (2)(c)
of this section, the electric generating facility shall cease to
operate one year after the substantial loss of the steam host
unless an application for a site certificate has been filed in
accordance with the provisions of ORS 469.300 to 469.563.
(7) As used in this section:
(a) 'Standby generation facility' means an electric power
generating facility, including standby generators and the
physical structures necessary to install and connect standby
generators, that provides temporary electric power in the event
of a power outage and that is electrically incapable of being
interconnected with the transmission grid.
(b) 'Total energy output' means the sum of useful thermal
energy output and useful electrical energy output.
(c) 'Useful thermal energy' means the verifiable thermal energy
used in any viable industrial or commercial process, heating or
cooling application.
(8) Notwithstanding the definition of 'energy facility' in ORS
469.300 (11)(a)(J), an electric power generating plant with an
average electric generating capacity of less than 35 megawatts
produced from wind energy at a single energy facility or within a
single energy generation area may elect to obtain a site
certificate in the manner provided in ORS 469.300 to 469.563,
469.590 to 469.619, 469.930 and 469.992. An election to obtain a
site certificate under this subsection shall be final upon
submission of an application for a site certificate.
SECTION 102. ORS 469.504 is amended to read:
469.504. (1) { + Pursuant to ORS 469.503 (4), + } a proposed
facility shall be found in compliance with the statewide
{ + land use + } planning goals { - under ORS 469.503 (4) - }
if:
(a) The facility has received local land use approval under the
acknowledged comprehensive plan and land use regulations of the
affected local government; or
(b) The Energy Facility Siting Council determines that:
(A) The facility complies with applicable substantive criteria
from the affected local government's acknowledged comprehensive
plan and land use regulations that are required by the statewide
{ + land use + } planning goals and in effect on the date the
application is submitted, and with any { - Land Conservation
and Development Commission administrative rules and - }
goals { + , any rules of the Land Conservation and Development
Commission or the regional land use planning commission for the
region established under section 2 of this 2009 Act + } and any
land use statutes that apply directly to the facility under ORS
197.646;
(B) For an energy facility or a related or supporting facility
that must be evaluated against the applicable substantive
criteria pursuant to subsection (5) of this section, that the
proposed facility does not comply with one or more of the
applicable substantive criteria but does otherwise comply with
the applicable statewide { + land use + } planning goals, or
that an exception to any applicable statewide { + land use + }
planning goal is justified under subsection (2) of this section;
or
(C) For a facility that the council elects to evaluate against
the statewide { + land use + } planning goals pursuant to
subsection (5) of this section, that the proposed facility
complies with the applicable statewide { + land use + } planning
goals or that an exception to any applicable statewide { + land
use + } planning goal is justified under subsection (2) of this
section.
(2) The council may find goal compliance for a facility that
does not otherwise comply with one or more statewide { + land
use + } planning goals by taking an exception to the applicable
goal. Notwithstanding the requirements of ORS 197.732, the
statewide { + land use + } planning goal pertaining to the
exception process or any rules of the Land Conservation and
Development Commission { + or the regional commission for the
region + } pertaining to an exception process goal, the council
may take an exception to a goal if the council finds:
(a) The land subject to the exception is physically developed
to the extent that the land is no longer available for uses
allowed by the applicable goal;
(b) The land subject to the exception is irrevocably committed
as described by the rules of the Land Conservation and
Development Commission { + or the regional commission + } to
uses not allowed by the applicable goal because existing adjacent
uses and other relevant factors make uses allowed by the
applicable goal impracticable; or
(c) The following standards are met:
(A) Reasons justify why the state policy embodied in the
applicable goal should not apply;
(B) The significant environmental, economic, social and energy
consequences anticipated as a result of the proposed facility
have been identified and adverse impacts will be mitigated in
accordance with rules of the council applicable to the siting of
the proposed facility; and
(C) The proposed facility is compatible with other adjacent
uses or will be made compatible through measures designed to
reduce adverse impacts.
(3) If compliance with applicable substantive local criteria
and applicable statutes and state administrative rules would
result in conflicting conditions in the site certificate or
amended site certificate, the council shall resolve the conflict
consistent with the public interest. A resolution may not result
in a waiver of any applicable state statute.
(4) An applicant for a site certificate shall elect whether to
demonstrate compliance with the statewide { + land use + }
planning goals under subsection (1)(a) or (b) of this section.
The applicant shall make the election on or before the date
specified by the council by rule.
(5) Upon request by the State Department of Energy, the special
advisory group established under ORS 469.480 shall recommend to
the council, within the time stated in the request, the
applicable substantive criteria under subsection (1)(b)(A) of
this section. If the special advisory group does not recommend
applicable substantive criteria within the time established in
the department's request, the council may either determine and
apply the applicable substantive criteria under subsection (1)(b)
of this section or determine compliance with the statewide
{ + land use + } planning goals under subsection (1)(b)(B) or
(C) of this section. If the special advisory group recommends
applicable substantive criteria for an energy facility described
in ORS 469.300 or a related or supporting facility that does not
pass through more than one local government jurisdiction or more
than three zones in any one jurisdiction, the council shall apply
the criteria recommended by the special advisory group. If the
special advisory group recommends applicable substantive criteria
for an energy facility as defined in ORS 469.300 (11)(a)(C) to
(E) or a related or supporting facility that passes through more
than one jurisdiction or more than three zones in any one
jurisdiction, the council shall review the recommended criteria
and determine whether to evaluate the proposed facility against
the applicable substantive criteria recommended by the special
advisory group, against the statewide { + land use + } planning
goals or against a combination of the applicable substantive
criteria and statewide { + land use + } planning goals. In
making its determination, the council shall consult with the
special advisory group and shall consider:
(a) The number of jurisdictions and zones in question;
(b) The degree to which the applicable substantive criteria
reflect local government consideration of energy facilities in
the planning process; and
(c) The level of consistency of the applicable substantive
criteria from the various zones and jurisdictions.
(6) The council is not subject to ORS 197.180 and a state
agency may not require an applicant for a site certificate to
comply with any rules or programs adopted under ORS 197.180.
(7) On or before its next periodic review, each affected local
government shall amend its comprehensive plan and land use
regulations as necessary to reflect the decision of the council
pertaining to a site certificate or amended site certificate.
(8) Notwithstanding ORS 34.020 or 197.825 or any other
provision of law, the affected local government's land use
approval of a proposed facility under subsection (1)(a) of this
section and the special advisory group's recommendation of
applicable substantive criteria under subsection (5) of this
section shall be subject to judicial review only as provided in
ORS 469.403. If the applicant elects to comply with subsection
(1)(a) of this section, the provisions of this subsection shall
apply only to proposed projects for which the land use approval
of the local government occurs after the date a notice of intent
or an application for expedited processing is submitted to the
State Department of Energy.
(9) The State Department of Energy, in cooperation with other
state agencies, shall provide, to the extent possible, technical
assistance and information about the siting process to local
governments that request such assistance or that anticipate
having a facility proposed in their jurisdiction.
SECTION 103. { + (1) Sections 1 and 2 of this 2009 Act and the
amendments to ORS 183.457, 183.530, 183.635, 195.020, 195.025,
195.034, 195.040, 195.085, 195.120, 195.145, 195.225, 195.260,
195.300, 196.107, 196.115, 196.485, 196.681, 197.015, 197.030,
197.040, 197.045, 197.047, 197.060, 197.070, 197.075, 197.090,
197.095, 197.175, 197.180, 197.225, 197.230, 197.251, 197.253,
197.254, 197.265, 197.274, 197.277, 197.283, 197.296, 197.299,
197.319, 197.320, 197.324, 197.328, 197.335, 197.340, 197.350,
197.395, 197.445, 197.505, 197.610, 197.625, 197.626, 197.628,
197.629, 197.633, 197.636, 197.637, 197.638, 197.639, 197.644,
197.646, 197.650, 197.651, 197.656, 197.658, 197.712, 197.717,
197.768, 197.825, 197.835, 197.840, 215.213, 215.263, 215.275,
215.278, 215.282, 215.283, 215.304, 215.306, 215.311, 215.457,
215.459, 215.503, 215.740, 215.780, 223.317, 227.186, 244.050,
284.577, 285C.500, 308A.065, 308A.350, 308A.700, 383.017,
390.322, 468A.363, 469.320 and 469.504 by sections 3 to 102 of
this 2009 Act become operative on January 2, 2010.
(2) The Governor may appoint and the Senate may confirm members
of the five regional land use planning commissions established
under section 2 of this 2009 Act before the operative date of
section 2 of this 2009 Act.
(3) The Department of Land Conservation and Development may
take action necessary to implement section 2 of this 2009 Act
before the operative date of section 2 of this 2009 Act.
(4) Rules adopted by the Land Conservation and Development
Commission in force before the operative date of section 2 of
this 2009 Act for which rulemaking authority is transferred from
the commission to a regional commission remain in force in a
region until the regional commission for the region, as described
in section 2 of this 2009 Act, adopts rules in lieu of the Land
Conservation and Development Commission's rules, including a
provision that explicitly identifies the specific Land
Conservation and Development Commission rules superseded. + }
SECTION 104. { + 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. + }
----------