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DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT









 

DIVISION 18
POST-ACKNOWLEDGEMENT AMENDMENTS

660-018-0005
Purpose
This division is intended to
implement provisions of ORS 197.610 through 197.625. The overall purpose of this
division is to carry out the state policies outlined in ORS 197.010.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.610
- 197.625

Hist.: LCDC 14-1981, f. &
ef. 12-15-81; LCDC 12-1983, f. & ef. 12-29-83; LCDD 3-2004, f. & cert. ef.
5-7-04; LCDD 3-2008, f. & cert. ef. 4-18-08; LCDD 6-2011, f. & cert. ef.
10-20-11; LCDD 3-2012, f. & cert. ef. 2-14-12
660-018-0010
Definitions and Computation
of Time
(1) For the purpose of this
division, the definitions in ORS 197.015 apply. In addition, the following definitions
apply:
(a) “A change” to
an acknowledged comprehensive plan or land use regulation means an amendment to
the plan or implementing land use regulations, including an amendment to the plan
text or map. This term includes additions and deletions to the acknowledged plan
or regulations, the adoption of a new plan or regulation, or the repeal of an acknowledged
plan or regulation.
(b) “Date of Decision” means
the date on which the local government adopts the change.
(c) “Date of Mailing”
means the date the documents are postmarked or the date of U.S. Postal Service proof
of mailing.
(d) “Decision” means
a local government adoption of a change to a comprehensive plan or land use regulation.
Except where adoption is required by ORS 197.646 for new statutes or rules, a local
government denial of a proposed change shall not be considered a “Decision”
for purposes of notices of adoption otherwise required by this division.
(e) “Final Evidentiary
Hearing” means the last hearing where all interested persons are allowed to
present evidence and rebut testimony on a proposal to adopt a change to a comprehensive
plan or land use regulation. A hearing held solely on the record of a previous hearing
held by the governing body or its designated hearing body is not a “final
evidentiary hearing.”
(f) “First Evidentiary
Hearing” means the first hearing conducted by the local government where interested
persons are allowed to present and rebut evidence and testimony on a proposal to
adopt a change to a comprehensive plan or land use regulation. “First evidentiary
hearing” does not include a work session or briefing where public testimony
is not allowed.
(g) “Map Change”
means a change in the designation or boundary of an area as shown on the comprehensive
plan map, zoning map or both, including an area added to or removed from a comprehensive
plan or zoning map.
(2) Computation of time: for
purposes of this division, the time within which a particular act must be done,
such as “35 days before,” is computed as follows. The first day of the
designated period to complete the task, notice, objection or appeal shall not be
counted. The last day of the period shall be counted unless it is a Saturday, Sunday
or legal holiday under ORS 187.010 or 187.020. In that event the period shall run
until the end of the next day that is not a Saturday, Sunday or legal holiday.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 187.010,
187.020, 197.610-197.625

Hist.: LCDC 14-1981, f. &
ef. 12-15-81; LCDC 12-1983, f. & ef. 12-29-83; LCDC 3-1987, f. & ef. 11-12-87;
LCDD 3-2000, f. & cert. ef. 2-14-00; LCDD 3-2008, f. & cert. ef. 4-18-08;
LCDD 6-2011, f. & cert. ef. 10-20-11; LCDD 3-2012, f. & cert. ef. 2-14-12
660-018-0020
Notice of a Proposed Change
to a Comprehensive Plan or Land Use Regulation
(1) Before a local government adopts a
change to an acknowledged comprehensive plan or a land use regulation, unless circumstances
described in OAR 660-018-0022 apply, the local government shall submit the proposed
change to the department, including the information described in section (2) of
this rule. The local government must submit the proposed change to the director
at the department’s Salem office at least 35 days before holding the first
evidentiary hearing on adoption of the proposed change.
(2) The submittal must include
applicable forms provided by the department, be in a format acceptable to the department,
and include all of the following materials:
(a) The text of the proposed
change to the comprehensive plan or land use regulation implementing the plan, as
provided in section (3) of this rule;
(b) If a comprehensive plan
map or zoning map is created or altered by the proposed change, a copy of the relevant
portion of the map that is created or altered;
(c) A brief narrative summary
of the proposed change and any supplemental information that the local government
believes may be useful to inform the director and members of the public of the effect
of the proposed change;
(d) The date set for the first
evidentiary hearing;
(e) The notice or a draft of
the notice required under ORS 197.763 regarding a quasi-judicial land use hearing,
if applicable; and
(f) Any staff report on the
proposed change or information that describes when the staff report will be available
and how a copy may be obtained.
(3) The proposed text submitted
to comply with subsection (2)(a) of this rule must include all of the proposed wording
to be added to or deleted from the acknowledged plan or land use regulations. A
general description of the proposal or its purpose, by itself, is not sufficient.
For map changes, the material submitted to comply with Subsection (2)(b) must include
a graphic depiction of the change; a legal description, tax account number, address
or similar general description, by itself, is not sufficient. If a goal exception
is proposed, the submittal must include the proposed wording of the exception.
(4) If a local government proposes
a change to an acknowledged comprehensive plan or a land use regulation solely for
the purpose of conforming the plan and regulations to new requirements in a land
use statute, statewide land use planning goal, or a rule implementing the statutes
or goals, the local government may adopt such a change without holding a public
hearing, notwithstanding contrary provisions of state and local law, provided:
(a) The local government provides
notice to the department of the proposed change identifying it as a change described
under this section, and includes the materials described in section (2) of this
rule, 35 days before the proposed change is adopted by the local government, and
(b) The department confirms
in writing prior to the adoption of the change that the only effect of the proposed
change is to conform the comprehensive plan or the land use regulations to the new
requirements.
(5) For purposes of computation
of time for the 35-day notice under this rule and OAR 660-018-0035(1)(c), the proposed
change is considered to have been “submitted” on the day that paper
copies or an electronic file of the applicable notice forms and other documents
required by section (2) this rule are received or, if mailed, on the date of mailing.
The materials must be mailed to or received by the department at its Salem office.
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 197.610
- 197.625
Hist.: LCDC 14-1981, f. &
ef. 12-15-81; LCDC 12-1983, f. & ef. 12-29-83; LCDC 3-1987, f. & ef. 11-12-87;
LCDD 3-2000, f. & cert. ef. 2-14-00; LCDD 3-2008, f. & cert. ef. 4-18-08;
LCDD 6-2011, f. & cert. ef. 10-20-11; LCDD 12-2011(Temp), f. 12-30-11, cert.
ef. 1-1-12 thru 5-1-12; LCDD 3-2012, f. & cert. ef. 2-14-12; LCDD 4-2013, f.
12-20-13, cert. ef. 1-1-14
660-018-0021
Joint Submittal of Notices
and Changes
(1) Where two or more local
governments are required by plan provisions, coordination agreements, statutes or
goals to agree on and mutually adopt a change to a comprehensive plan or land use
regulation, the local governments shall jointly submit the notice required in OAR
660-018-0020 and, if the change is adopted, the decision and materials required
by OAR 660-018-0040. Notice of such proposed changes must be jointly submitted at
least 35 days prior to the first evidentiary hearing. For purposes of notice and
appeal, the date of the decision is the date of the last local government’s
adoption of the change.
(2) For purposes of this rule,
a change to a comprehensive plan or land use regulation that requires two or more
local governments to agree on and mutually adopt the change includes, but is not
limited to, the establishment or amendment of an urban growth boundary or urban
reserve by a city and county in the manner specified in Goal 14.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.610
- 197.625

Hist.: LCDC 3-1987, f. &
ef. 11-12-87; LCDD 3-2000, f. & cert. ef. 2-14-00; LCDD 3-2008, f. & cert.
ef. 4-18-08; LCDD 6-2011, f. & cert. ef. 10-20-11; LCDD 12-2011(Temp), f. 12-30-11,
cert. ef. 1-1-12 thru 5-1-12; LCDD 3-2012, f. & cert. ef. 2-14-12
660-018-0022
Exemptions to Filing
Requirements Under OAR 660-018-0020
(1) When a local government determines
that no goals, commission rules, or land use statutes apply to a particular proposed
change, the notice of a proposed change under OAR 660-018-0020 is not required.
(2) If a local government determines
that emergency circumstances beyond the control of the local government require
expedited review such that the local government cannot submit the proposed change
consistent with the 35-day deadline under OAR 660-018-0020, the local government
may submit the proposed change to the department as soon as practicable. The submittal
must include a description of the emergency circumstances.
(3) A local government must
submit any adopted change to an acknowledged comprehensive plan or land use regulation
to the department within 20 days after the decision to adopt the change, as required
by OAR 660-018-0040, regardless of the reason for not submitting the proposed change
in advance, as provided in ORS 197.615(1) and (2).
(4) Notwithstanding the requirements
of ORS 197.830(2) to have appeared before the local government in the proceedings
concerning the proposal, if a local government does not provide any notice described
in OAR 660-018-0020, regardless of the reason for not providing the notice, the
director or any other person may appeal the decision to the board under ORS 197.830
to 197.845, except as provided in ORS 197.620(3).
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.610(2)

Hist.: LCDC 12-1983, f. &
ef. 12-29-83; LCDC 3-1987, f. & ef. 11-12-87; LCDD 3-2008, f. & cert. ef.
4-18-08; LCDD 6-2011, f. & cert. ef. 10-20-11; LCDD 12-2011(Temp), f. 12-30-11,
cert. ef. 1-1-12 thru 5-1-12; LCDD 3-2012, f. & cert. ef. 2-14-12
660-018-0025
Requests for Department Notice
of Proposed Changes
(1) Within 15 days of receipt
of a notice of a proposed change to an acknowledged comprehensive plan or a land
use regulation described under OAR 660-018-0020, the department shall provide notice
of the proposed change to persons that have requested notice of such changes. The
notice shall be provided using electronic mail, electronic bulletin board, electronic
mailing list server or similar electronic method.
(2) The department shall notify
persons that are generally interested in proposed changes to acknowledged comprehensive
plans by posting notices received under OAR 660-018-0020 on a weekly basis on the
department website using the Internet or a similar electronic method.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.610
- 197.625

Hist.: LCDC 14-1981, f. &
ef. 12-15-81; LCDC 12-1983, f. & ef. 12-29-83; LCDD 3-2000, f. & cert. ef.
2-14-00; LCDD 3-2008, f. & cert. ef. 4-18-08; LCDD 3-2012, f. & cert. ef.
2-14-12
660-018-0035
Department Participation
(1) When the department determines
that a proposed change to an acknowledged comprehensive plan or a land use regulation
may not be in compliance with land use statutes or the statewide land use planning
goals, including administrative rules implementing either the statutes or the goals,
the department shall notify the local government of the concerns at least 15 days
before the final evidentiary hearing, unless:
(a) The local government holds
only one hearing on the proposal, in which case the notification must occur prior
to the close of the hearing;
(b) The proposed change has
been modified to the extent that resubmission is required under OAR 660-018-0045;
or
(c) The local government did
not submit the proposed change within 35 days in advance of the final hearing in
accordance with OAR 660-018-0020(1), regardless of the circumstances that resulted
in that delay.
(2) Notwithstanding section
(1) of this rule, the department may provide advisory recommendations to the local
government concerning a proposed change to the acknowledged comprehensive plan or
land use regulation at any time prior to the adoption of the change.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.610
- 197.625

Hist.: LCDC 14-1981, f. &
ef. 12-15-81; LCDC 12-1983, f. & ef. 12-29-83; LCDD 3-2000, f. & cert. ef.
2-14-00; LCDD 3-2008, f. & cert. ef. 4-18-08; LCDD 6-2011, f. & cert. ef.
10-20-11; LCDD 3-2012, f. & cert. ef. 2-14-12
660-018-0040
Submittal of Adopted Change
(1) When a local government adopts a proposed
change to an acknowledged comprehensive plan or a land use regulation it shall submit
the decision to the department, with the appropriate notice forms provided by the
department, within 20 days.
(2) For purposes of the 20-day
requirement under section (1) of this rule, the proposed change is considered submitted
to the department:
(a) On the day the applicable
notice forms and other required documents are received by the department in its
Salem office, if hand-delivered or submitted by electronic mail or similar electronic
method, or
(b) On the date of mailing if
the local government mails the forms and documents.
(3) The submission to the department
must in a format acceptable to the department and include all of the following materials:
(a) A copy of final decision;
(b) The findings and the text
of the change to the comprehensive plan or land use regulation;
(c) If a comprehensive plan
map or zoning map is created or altered by the proposed change:
(A) A map showing the area changed
and applicable designations; and
(B) Electronic files containing
geospatial data showing the area changed, as specified in section (5) of this rule,
if applicable.
(d) A brief narrative summary
of the decision, including a summary of substantive differences from the proposed
change submitted under OAR 660-018-0020 and any supplemental information that the
local government believes may be useful to inform the director or members of the
public of the effect of the actual change; and
(e) A statement by the individual
transmitting the decision identifying the date of the decision and the date the
submission was mailed to the department.
(4) Where amendments or new
land use regulations, including supplementary materials, exceed 100 pages, a summary
of the amendment briefly describing its purpose and requirements shall be included
with the submittal to the director.
(5) For local governments that
produce geospatial data describing an urban growth boundary (UGB) or urban or rural
reserve that is created or altered as part of an adopted change to a comprehensive
plan or land use regulation, the submission must include electronic geospatial data
depicting the boundary change. Local governments that create or alter other zoning
or comprehensive plan maps as geospatial data are encouraged but not required to
share this data with the department. Geospatial data submitted to the department
must comply with the following standards endorsed by the Oregon Geographic Information
Council:
(a) Be in an electronic format
compatible with the State’s Geographic Information System software standard
described in OAR 125-600-7550; and
(b) Be accompanied by metadata
that meets at least the minimum requirements of the federal Content Standard for
Digital Geospatial Metadata.
(6) Local government must notify
the department of withdrawals or denials of proposals previously sent to the department
under requirements of OAR 660-018-0020.
(7) If a local government did
not submit a notice of a proposed change to a comprehensive plan or land use regulation
to the department as required by OAR 660-018-0020, the transmittal must clearly
indicate which provisions of OAR 660-018-022 are applicable.
NOTE: ORS 197.610 clearly requires
all adopted plan and land use regulation amendments and new land use regulations
to be submitted to the director even if they were not required to be submitted for
review prior to adoption.
(8) ORS 197.620 provides that a local government
may cure the untimely submission of materials by either postponing the date for
the final evidentiary hearing by the greater of 10 days or the number of days by
which the submission was late; or by holding the evidentiary record open for an
additional period of time equal to 10 days or the number of days by which the submission
was late, whichever is greater. The local government shall provide notice of such
postponement or record extension to the department.
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 197.610
- 197.625
Hist.: LCDC 14-1981, f. &
ef. 12-15-81; LCDC 12-1983, f. & ef. 12-29-83; LCDC 3-1987, f. & ef. 11-12-87;
LCDD 3-2000, f. & cert. ef. 2-14-00; LCDD 3-2008, f. & cert. ef. 4-18-08;
LCDD 6-2011, f. & cert. ef. 10-20-11; LCDD 12-2011(Temp), f. 12-30-11, cert.
ef. 1-1-12 thru 5-1-12; LCDD 3-2012, f. & cert. ef. 2-14-12; LCDD 4-2013, f.
12-20-13, cert. ef. 1-1-14
660-018-0045
Alterations to a Proposed
Change
(1) If, after initially submitting
the notice and accompanying materials under OAR 660-018-0020, a proposed change
to an acknowledged comprehensive plan or land use regulation is altered to such
an extent that the materials submitted no longer reasonably describe the proposed
change, the local government must, at least 10 days before the final evidentiary
hearing on the proposal:
(a) Notify the department of
the alterations to the proposed change, and
(b) Provide a summary of the
alterations along with any alterations to the proposed text or map and other materials
described in OAR 660-018-0020.
(2) When the department receives
a notification of alteration of a proposal as described in section (1) of this rule,
the department shall issue a new notice to persons that have requested notice in
the manner described OAR 660-018-0025.
(3) Circumstances requiring
resubmission of a proposed change to a comprehensive plan or land use regulation
under this rule may include, but are not limited to:
(a) Alteration of the proposed
principal uses that would be allowed under the proposed change to the comprehensive
plan or land use regulations;
(b) A significant change in
the location at which the principal uses would be allowed, limited or prohibited;
or
(c) A significant change in
the conditions or restrictions that would be applied to a proposed use.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.610
- 197.625

Hist.: LCDC 14-1981, f. &
ef. 12-15-81; LCDC 12-1983, f. & ef. 12-29-83; LCDD 3-2008, f. & cert. ef.
4-18-08; LCDD 6-2011, f. & cert. ef. 10-20-11; LCDD 3-2012, f. & cert. ef.
2-14-12
660-018-0050
Notice to Other Parties of
Adopted Changes
(1) Notice of an adopted change
to a comprehensive plan or land use regulation to persons other than the department
is governed by ORS 197.615(4) and (5), which require that on the same day the local
government submits the decision to the director the local government shall mail
or otherwise deliver notice of the decision to persons that:
(a) Participated in the local
government proceedings that led to the decision to adopt the change to the acknowledged
comprehensive plan or the land use regulation; and
(b) Requested in writing that
the local government provide them with notice of the change to the acknowledged
comprehensive plan or the land use regulation.
(2) The notice to persons who
participated and requested notice as required by section (1) of this rule must:
(a) Clearly describe the decision;
(b) State the date of the decision;
(c) Indicate how and where the
materials described in OAR 660-018-0040(3) may be obtained;
(d) Include a statement by the
individual delivering the notice that identifies the date on which the notice was
delivered and the individual delivering the notice;
(e) List the locations and times
at which the public may review the decision and findings; and
(f) Explain the requirements
for appealing the land use decision under ORS 197.830 to 197.845.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.615(2)

Hist.: LCDC 14-1981, f. &
ef. 12-15-81; LCDC 12-1983, f. & ef. 12-29-83; LCDC 3-1987, f. & ef. 11-12-87;
LCDD 3-2000, f. & cert. ef. 2-14-00; LCDD 3-2008, f. & cert. ef. 4-18-08;
LCDD 3-2012, f. & cert. ef. 2-14-12
660-018-0055
Notice by the Department
of Local Adoption
(1) Within five working days
of the receipt of a local government notice of adoption of a change to a comprehensive
plan or a land use regulation described under OAR 660-018-0040, the department shall
provide notice of the decision and an explanation of the requirements for appealing
the land use decision under ORS 197.830 to 197.845, to persons that have requested
notice from the director of such adopted changes. The notice shall be provided using
electronic mail, electronic bulletin board, electronic mailing list server or similar
electronic method.
(2) The department shall notify
persons that are generally interested in changes to acknowledged comprehensive plans
by posting notices received under OAR 660-018-0040 periodically on the department
website using the Internet or a similar electronic method.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.610
- 197.625

Hist.: LCDC 14-1981, f. &
ef. 12-15-81; LCDC 12-1983, f. & ef. 12-29-83; LCDC 3-1987, f. & ef. 11-12-87;
LCDD 3-2008, f. & cert. ef. 4-18-08; LCDD 3-2012, f. & cert. ef. 2-14-12
660-018-0060
Who May Appeal
Eligibility to appeal a local
government decision to adopt a change to a comprehensive plan or land use regulation
is governed by ORS 197.620, 197.830, and Oregon Laws 2011, chapter 280, section
6.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.610-197.845;
OL 2011, Ch 280, § 6

Hist.: LCDC 14-1981, f. &
ef. 12-15-81; LCDC 12-1983, f. & ef. 12-29-83; LCDC 3-1987, f. & ef. 11-12-87;
LCDC 3-1990, f. & cert. ef. 6-6-90; LCDD 3-2000, f. & cert. ef. 2-14-00;
LCDD 3-2008, f. & cert. ef. 4-18-08; LCDD 3-2012, f. & cert. ef. 2-14-12
660-018-0085
Acknowledgement of a Change
to a Plan or Land Use Regulation
(1) Pursuant to ORS 197.625,
an adopted change to a comprehensive plan or a land use regulation is deemed to
be acknowledged when the local government has complied with the requirements of
ORS 197.610 and 197.615 , the applicable requirements of this division, and either:
(a) The 21-day appeal period
set out in ORS 197.830(9) has expired and a notice of intent to appeal has not been
filed; or
(b) If an appeal has been timely
filed, the Land Use Board of Appeals affirms the local decision or, if an appeal
of the decision of the board is timely filed, an appellate court affirms the decision.
(2) Pursuant to ORS 197.625(3),
prior to acknowledgment of an adopted change to an acknowledged comprehensive plan
or a land use regulation as provided in section (1) of this rule, the adopted change
is effective at the time specified by local government charter or ordinance.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.610
- 197.625

Hist.: LCDC 14-1981, f. &
ef. 12-15-81; LCDC 12-1983, f. & ef. 12-29-83; LCDC 3-1987, f. & ef. 11-12-87;
LCDD 3-2000, f. & cert. ef. 2-14-00; LCDD 3-2008, f. & cert. ef. 4-18-08;
LCDD 3-2012, f. & cert. ef. 2-14-12
660-018-0150
Time Limits Regarding Certified Industrial Sites
(1) Upon application for a change
to a comprehensive plan or land use regulation necessary to expedite and facilitate
industrial or traded sector development on any of the certified industrial sites
identified and prioritized under Oregon Laws 2003, chapter 800, section 12, a local
government shall take action approving, approving with modifications, or denying
the application no later than 180 days after the date the application is deemed
complete by the local government.
(2)
For purposes of this rule, “certified industrial sites” are those sites
so designated by the Economic Revitalization Team Regulatory Efficiency Group established
by Oregon Laws 2003, chapter 800, section 2 in accordance with the requirements
of Oregon Laws 2003, chapter 800, section 12.
(3) Persons, including the director, who
participated in the local government proceedings leading to the adoption of a change
to a comprehensive plan or land use regulation described in section (1) of this
rule may appeal the decision by the local government in accordance with requirements
and time limits specified in ORS 197.610 through 197.625, except as provided in
section (4) of this rule.
(4) For a decision to expand
an urban growth boundary or designate an urban reserve necessary to expedite and
facilitate industrial or traded sector development on any of the certified industrial
sites identified and prioritized under Oregon Laws 2003, chapter 800, section 12,
and provided the decision is subject to ORS 197.626, the commission shall review
the action following the timelines and procedures specified in OAR 660-025-0040,
660-025-0140 through 660-025-0160, and 660-025-0175.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.610-197.625;
OL 2003, Ch 800, § 17(2)

Hist.: LCDD 3-2004, f. &
cert. ef. 5-7-04; LCDD 3-2008, f. & cert. ef. 4-18-08; LCDD 6-2011, f. &
cert. ef. 10-20-11; LCDD 3-2012, f. & cert. ef. 2-14-12

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