75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 566
Sponsored by Senator STARR
CHAPTER ................
AN ACT
Relating to urban growth boundary management in metropolitan
service district; amending ORS 268.390; and prescribing an
effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 268.390 is amended to read:
268.390. (1) A district may define and apply a planning
procedure that identifies and designates areas and activities
having significant impact upon the orderly and responsible
development of the metropolitan area, including, but not limited
to, impact on:
(a) Air quality;
(b) Water quality; and
(c) Transportation.
(2) A district may prepare and adopt functional plans for those
areas designated under subsection (1) of this section to control
metropolitan area impact on air and water quality, transportation
and other aspects of metropolitan area development the district
may identify.
(3) A district shall adopt an urban growth boundary for the
district in compliance with applicable goals adopted under ORS
chapters 195, 196 and 197. { + When a district includes land
designated as urban reserve under ORS 195.145 (1)(b) within an
urban growth boundary pursuant to ORS 197.298 (1), the district
is not required to consider the capability classification system
or the cubic foot site class of the land as described in ORS
197.298 (2). + }
(4) A district may review the comprehensive plans adopted by
the cities and counties within the district that affect areas
designated by the district under subsection (1) of this section
or the urban growth boundary adopted under subsection (3) of this
section and recommend or require cities and counties, as it
considers necessary, to make changes in any plan to ensure that
the plan and any actions taken under the plan substantially
comply with the district's functional plans adopted under
subsection (2) of this section and its urban growth boundary
adopted under subsection (3) of this section.
(5) Pursuant to a regional framework plan, a district may adopt
implementing ordinances that:
(a) Require local comprehensive plans and implementing
regulations to substantially comply with the regional framework
plan within two years after compliance acknowledgment.
Enrolled Senate Bill 566 (SB 566-A) Page 1
(b) Require adjudication and determination by the district of
the consistency of local comprehensive plans with the regional
framework plan.
(c) Require each city and county within the jurisdiction of the
district and making land use decisions concerning lands within
the land use jurisdiction of the district to make those decisions
consistent with the regional framework plan. The obligation to
apply the regional framework plan to land use decisions shall not
begin until one year after the regional framework plan is
acknowledged as complying with the statewide { + land use + }
planning goals adopted under ORS chapters 195, 196 and 197.
(d) Require changes in local land use standards and procedures
if the district determines that changes are necessary to remedy a
pattern or practice of decision-making inconsistent with the
regional framework plan.
(6) A process established by the district to enforce the
requirements of this section must provide:
(a) Notice of noncompliance to the city or county.
(b) Opportunity for the city or county to be heard.
(c) Entry of an order by the district explaining its findings,
conclusions and enforcement remedies, if any.
(7) Enforcement remedies ordered under subsection (6) of this
section may include, but are not limited to:
(a) Direct application of specified requirements of functional
plans to land use decisions by the city or county;
(b) Withholding by the district of discretionary funds from the
city or county; and
(c) Requesting an enforcement action pursuant to ORS 197.319 to
197.335 and withholding moneys pursuant to an enforcement order
resulting from the enforcement action.
(8) An order issued under subsection (6) of this section:
(a) Must provide for relief from enforcement remedies upon
action by the city or county that brings the comprehensive plan
and implementing regulations into substantial compliance with the
requirement.
(b) Is subject to review under ORS 197.830 to 197.845 as a land
use decision.
(9) The regional framework plan, ordinances that implement the
regional framework plan and any determination by the district of
consistency with the regional framework plan are subject to
review under ORS 197.274.
SECTION 2. { + This 2009 Act takes effect on December 1,
2009. + }
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Enrolled Senate Bill 566 (SB 566-A) Page 2
Passed by Senate May 4, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 3, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 566 (SB 566-A) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 566 (SB 566-A) Page 4