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DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT
DIVISION 25
PERIODIC REVIEW
660-025-0010
Purpose
The purpose of this division
is to carry out the state policy outlined in ORS 197.010 and 197.628. This division
is intended to implement provisions of ORS 197.626 through 197.651. The purpose
for periodic review is to ensure that comprehensive plans and land use regulations
remain in compliance with the statewide planning goals adopted pursuant to ORS 197.230,
the commission's rules and applicable land use statutes. Periodic review also is
intended to ensure that local government plans and regulations make adequate provision
for economic development, needed housing, transportation, public facilities and
services, and urbanization, and that local plans are coordinated as described in
ORS 197.015(5). Periodic Review is a cooperative planning process that includes
the state and its agencies, local governments, and other interested persons.
Stat. Auth.: ORS 197.040 &
197.633
Stats. Implemented: ORS 197.010,
197.626 - 197.651
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDD 3-2000, f. & cert. ef. 2-14-00; LCDD 3-2004, f. &
cert. ef. 5-7-04; LCDD 4-2006, f. & cert. ef. 5-15-06; LCDD 8-2011, f. &
cert. ef. 10-20-11; LCDD 4-2012, f. & cert. ef. 2-14-12
660-025-0020
Definitions
For the purposes of this division,
the definitions contained in ORS 197.015, 197.303, and 197.747 shall apply unless
the context requires otherwise. In addition, the following definitions apply:
(1) "Economic Revitalization
Team" means the team established under ORS 284.555.
(2) "Filed" or "Submitted" means
that the required documents have been received by the Department of Land Conservation
and Development at its Salem, Oregon, office.
(3) "Final Decision" means the
completion by the local government of a work task on an approved work program, including
the adoption of supporting findings and any amendments to the comprehensive plan
or land use regulations. A decision is final when the local government's decision
is transmitted to the department for review.
(4) "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 USC § 5303(c).
(5) "Objection" means a written
complaint concerning the adequacy of an evaluation, proposed work program, or completed
work task.
(6) "Participated at the local
level" means to have provided substantive comment, evidence, documents, correspondence,
or testimony to the local government during the local proceedings regarding a decision
on an evaluation, work program or work task.
(7) "Work Program" means a detailed
listing of tasks necessary to revise or amend the local comprehensive plan or land
use regulations to ensure the plan and regulations achieve the statewide planning
goals. A work program must indicate the date that each work task must be submitted
to the department for review.
(8) "Work Task" or "task" means
an activity that is included on an approved work program and that generally results
in an adopted amendment to a comprehensive plan or land use regulation.
Stat. Auth.: ORS 197.040 &
197.633
Stats. Implemented: ORS 197.015
& 197.628 - 197.646
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDC 6-1995, f. & cert. ef. 6-16-95; LCDD 3-2000, f. &
cert. ef. 2-14-00; LCDD 4-2006, f. & cert. ef. 5-15-06; LCDD 8-2011, f. &
cert. ef. 10-20-11; LCDD 4-2012, f. & cert. ef. 2-14-12
660-025-0030
Periodic Review Schedule
(1) The commission must approve,
and update as necessary, a schedule for periodic review. The schedule must include
the date when the department, pursuant to ORS 197.629, must send a local government
a letter requesting the local government to commence the periodic review process.
(2) The schedule developed by
the commission must reflect the following:
(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.
(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.
(c) 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.
(d) Notwithstanding subsection
(c) 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.
(3) The commission may establish
a schedule that varies from the standards in section (2) of this rule if necessary
to coordinate approved periodic review work programs or to account for special circumstances.
The commission may schedule a local government's periodic review earlier than provided
in section (2) of this rule if necessary to ensure that all local governments in
a 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.
(4) The director must maintain
and implement the schedule. Copies of the schedule must be provided upon request.
Stat. Auth.: ORS 197.040 &
197.633
Stats. Implemented: ORS 197.628
- 197.646
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDD 3-2000, f. & cert. ef. 2-14-00; LCDD 4-2006, f. &
cert. ef. 5-15-06; LCDD 4-2012, f. & cert. ef. 2-14-12
660-025-0035
Initiating Periodic Review Outside the Schedule
(1) A local government may request,
and the commission may approve, initiation of periodic review not otherwise provided
for in the schedule established under OAR 660-025-0030. The request must be submitted
to the commission along with justification for the requested action. The justification
must include a statement of local circumstances that warrant periodic review and
identification of the statewide planning goals to be addressed.
(2) In consideration of the
request filed pursuant to section (1), the commission must consider the needs of
the jurisdiction to address the issue(s) identified in the request for periodic
review, the interrelationships of the statewide planning goals to be addressed in
the periodic review project, and other factors the commission finds relevant. If
the commission approves the request, the provisions of this division apply, except
as provided in section (3) of this rule.
(3)
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. In order for
a voluntary comprehensive plan review to be initiated by the commission, the city
must request initiation of such a modified periodic review. The provisions of this
division apply except as follows:
(a) If the city is subject to the periodic
review schedule in OAR 660-025-0030, the periodic review under this section will
not replace or delay the next scheduled periodic review;
(b) If the city misses a deadline
related to an evaluation, work program or work task, including any extension, the
commission must terminate the evaluation, work program, or work task or impose sanctions
pursuant to OAR 660-025-0170(3).
(4) If the commission pays the
costs of a local government that is not subject to OAR 660-025-0030 to perform new
work programs and work tasks, the 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) As used in section (4) of
this rule, "the costs of a local government" means: normal and customary expenses
for supplies, personnel and services directly related to preparing a work program,
and completing studies and inventories, drafting of ordinances, preparing and sending
notices of hearings and meetings, conducting meetings and workshops, and conducting
hearings on possible adoption of amendments to plans or codes, to complete a work
task.
Stat. Auth.: ORS 197.040 &
197.633
Stats. Implemented: ORS 197.628
- 197.646
Hist.: LCDD 4-2006, f. &
cert. ef. 5-15-06; LCDD 4-2012, f. & cert. ef. 2-14-12
660-025-0040
Exclusive Jurisdiction
of LCDC
(1) The commission, pursuant
to ORS 197.644(2), has exclusive jurisdiction for review of completed periodic review
work tasks for compliance with the statewide planning goals and applicable statutes
and administrative rules, as provided in ORS 197.633(3). The director also has authority
to review the periodic review evaluation, work program and completed work tasks,
as provided in ORS 197.633 and 197.644.
(2) Pursuant to ORS 197.626,
the commission has exclusive jurisdiction for review of the following final decisions
for compliance with the statewide planning goals:
(a) An amendment of an urban
growth boundary by a metropolitan service district that adds more than 100 acres
to the area within its urban growth boundary;
(b) An amendment of an urban
growth boundary by a city with a population of 2,500 or more within its urban growth
boundary that adds more than 50 acres to the area within the urban growth boundary;
(c) A designation of an area
as an urban reserve under ORS 195.137 to 195.145 by a metropolitan service district
or by a city with a population of 2,500 or more within its urban growth boundary;
(d) An amendment of the boundary
of an urban reserve by a metropolitan service district;
(e) An amendment of the boundary
of an urban reserve to add more than 50 acres to the urban reserve by a city with
a population of 2,500 of more within its urban growth boundary; and
(f) A designation or an amendment
to the designation of a rural reserve under ORS 195.137 to 195.145 by a county,
in coordination with a metropolitan service district, including an amendment of
the boundary of a rural reserve.
(3) A final order of the commission
pursuant to sections (1) or (2) of this rule may be subject to judicial review in
the manner provided in applicable provisions of ORS 197.650 and 197.651.
(4) The director may transfer
one or more matters arising from review of a work task, urban growth boundary amendment
or designation or amendment of an urban reserve area to the Land Use Board of Appeals
pursuant to ORS 197.825(2)(c)(A) and OAR 660-025-0250.
Stat. Auth.: ORS 197.040 &
197.633
Stats. Implemented: ORS 195.145,
197.628 - 197.646, 197.825
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDC 6-1995, f. & cert. ef. 6-16-95; LCDD 3-2000, f. &
cert. ef. 2-14-00; LCDD 3-2004, f. & cert. ef. 5-7-04; LCDD 4-2006, f. &
cert. ef. 5-15-06; LCDD 1-2008, f. & cert. ef. 2-13-08; LCDD 8-2011, f. &
cert. ef. 10-20-11; LCDD 4-2012, f. & cert. ef. 2-14-12
660-025-0050
Commencing Periodic Review
(1) The department must commence
the periodic review process by sending a letter to the local government pursuant
to OAR 660-025-0030 or 660-025-0035. The department may provide advance notice to
a local government of the upcoming review and must encourage local governments to
review their citizen involvement provisions prior to beginning periodic review.
(2) The periodic review commencement
letter must include the following information:
(a) A description of the requirements
for citizen involvement, evaluation of the plan and preparation of a work program;
(b) The date the local government
must submit the evaluation and work program or evaluation and decision that no work
program is required;
(c) Applicable evaluation forms;
and
(d) Other information the department
considers relevant.
(3) The director must provide
copies of the materials sent to the local government to interested persons upon
written request.
Stat. Auth.: ORS 197.040 &
197.633
Stats. Implemented: ORS 197.628
- 197.646
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDD 4-2006, f. & cert. ef. 5-15-06; LCDD 4-2012, f. &
cert. ef. 2-14-12
660-025-0060
Periodic Review Assistance Team(s)
(1) The director may create
one or more Periodic Review Assistance Team(s) to coordinate state, regional or
local public agency comment, assistance, and information into the evaluation and
work program development process. The director must seek input from agencies, regional
governments and local governments on the membership of Periodic Review Assistance
Team(s).
(2) Members of the Periodic
Review Assistance Team will provide, as appropriate:
(a) Information relevant to
the periodic review process;
(b) New and updated information;
(c) Technical and professional
land use planning assistance; or
(d) Coordinated evaluation and
comment from state agencies.
(3) Membership. The Periodic
Review Assistance Team may include representatives of state agencies with programs
affecting land use described in ORS 197.180, and representatives of regional or
local governments who may have an interest in the review.
(4) Meetings. The Periodic Review
Assistance Team shall meet as necessary to provide information and advice to a local
government in periodic review.
(5) Authority. The Periodic
Review Assistance Team shall be an advisory body. The team may make recommendations
concerning an evaluation, a work program or work task undertaken pursuant to an
approved work program. The team may also make recommendations to cities, counties,
state agencies and the commission regarding any other issues related to periodic
review.
(6) In addition to the Periodic
Review Assistance Team(s), the department may utilize the Economic Revitalization
Team or institute an alternative process for coordinating agency participation in
the periodic review of comprehensive plans.
(7) The commission must consider the recommendations,
if any, of the Periodic Review Assistance Team(s).
Stat. Auth.: ORS 197.040 &
197.633
Stats. Implemented: ORS 197.628
- 197.646
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDD 4-2006, f. & cert. ef. 5-15-06; LCDD 4-2012, f. &
cert. ef. 2-14-12
660-025-0070
Need for Periodic Review
(1) The following conditions
indicate the need for periodic review of comprehensive plans and land use regulations
when periodic review is required under OAR 660-025-0030:
(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
planning goals relating to economic development, needed housing, transportation,
public facilities and services and urbanization;
(b) Decisions based on 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 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 department determines that the existing comprehensive plan and land use regulations
are not achieving the statewide planning goals relating to economic development,
needed housing, transportation, public facilities and services and urbanization.
(2) When a local government
requests initiation of periodic review under OAR 660-025-0035, the need for periodic
review may be based on factors not contained in section (1) of this rule and the
scope of such a periodic review may be more limited than would be the case for scheduled
periodic review under section (1) of this rule.
Stat. Auth.: ORS 197.040 &
197.633
Stats. Implemented: ORS 197.628
- 197.646
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDD 3-2000, f. & cert. ef. 2-14-00; LCDD 4-2006, f. &
cert. ef. 5-15-06; LCDD 8-2011, f. & cert. ef. 10-20-11; LCDD 4-2012, f. &
cert. ef. 2-14-12
660-025-0080
Notice and Citizen Involvement
(1) The local government must
use its acknowledged citizen involvement program, or amend the program if necessary
consistent with section (2) of this rule, to provide adequate participation opportunities
for citizens and other interested persons in all phases of the local periodic review.
Each local government must publish a notice in a newspaper of general circulation
within the community informing citizens about the initiation of the local periodic
review. The local government must also provide written notice of the initiation
of the local periodic review to persons who request, in writing, such notice.
(2) Each local government must
review its citizen involvement program at the beginning of its periodic review and,
if necessary, amend the program to ensure it will provide adequate opportunities
for citizen involvement in all phases of the periodic review process. Citizen involvement
opportunities must, at a minimum, include:
(a) Interested persons must
have the opportunity to review materials in advance and to comment in writing in
advance of or at one or more hearings on the periodic review evaluation. Citizens
and other interested persons must have the opportunity to present comments orally
at one or more hearings on the periodic review evaluation. Citizens and other interested
persons must have the opportunity to propose periodic review work tasks prior to
or at one or more hearings. The local government must provide a response to comments
at or following the hearing on the evaluation.
(b) Interested persons must
have the opportunity to review materials in advance and to comment in writing in
advance of or at one or more hearings on a periodic review work task. Citizens and
other interested persons must have the opportunity to present comments orally at
one or more hearings on a periodic review work task. The local government must respond
to comments at or following the hearing on a work task.
(3) A local government proposing
to change an acknowledged comprehensive plan or a land use regulation under a work
task must provide notice of the proposed change to the department 35 days in advance
of the first evidentiary hearing, as provided in ORS 197.610 and OAR 660-018-0020.
Stat. Auth.: ORS 197.040 &
197.633
Stats. Implemented: ORS 197.628
- 197.646
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDD 4-2006, f. & cert. ef. 5-15-06; LCDD 4-2012, f. &
cert. ef. 2-14-12
660-025-0085
Commission Hearings Notice and Procedures
(1) Hearings before the commission
on a referral of a local government submittal of a work program or hearings on referral
or appeal of a work task must be noticed and conducted in accordance with this rule.
(2) The commission shall take
final action on an appeal or referral of a completed work task within 90 days of
the date the appeal was filed or the director issued notice of the referral unless:
(a) At the request of a local
government and a person who files a valid objection or appeals the director's decision,
the department may provide mediation services to resolve disputes related to the
appeal. Where mediation is underway, the commission shall delay its hearing until
the mediation process is concluded or the director, after consultation with the
mediator, determines that mediation is of no further use in resolution of the work
program or work task disagreements;
(b) If the appeal or referral
raises new or complex issues of fact or law that make it unreasonable for the commission
to give adequate consideration to the issues within the 90-day limit the commission
is not required to take final action within that time limit; or
(c) If the parties to the appeal
and the commission agree to an extension, the hearing may be continued for a period
not to exceed an additional 90 days.
(3) The director must provide
written notice of the hearing to the local government, the appellant, objectors,
and individuals requesting notice in writing. The notice must contain the date and
location of the hearing.
(4) The director may prepare
a written report to the commission on an appeal or referral. If a report is prepared,
the director must mail a copy to the local government, objectors, the appellant,
and individuals requesting the report in writing.
(5) Commission hearings will
be conducted using the following procedures:
(a) The chair will open the
hearing and explain the proceedings;
(b) The director or designee
will present an oral report regarding the nature of the matter before the commission,
an explanation of the director's decision, if any, and other information to assist
the commission in reaching a decision. If another state agency participated in the
periodic review under ORS 197.637 or 197.638, the agency may participate in the
director's oral report.
(c) Participation in the hearing
is limited to:
(A) The local government or
governments whose decision is under review;
(B) Persons who filed a valid
objection to the local decision in the case of commission hearing on a referral;
(C) Persons who filed a valid
appeal of the director's decision in the case of a commission hearing on an appeal;
and
(D) Other affected local governments.
(d) Standing to file an appeal
of a work task is governed by OAR 660-025-0150.
(e) Persons or their authorized
representative may present oral argument.
(f)
The local government that submitted the task may provide general information from
the record on the task submittal and address those issues raised in the department
review, objections, or the appeal. A person who submitted objections or an appeal
may address only those issues raised in the objections or the appeal submitted by
that person. Other affected local governments may address only those issues raised
in objections or an appeal.
(g) As provided in ORS 197.633(3), the
commission will confine its review of evidence to the local record.
(h) The director or commission
may take official notice of law defined as:
(A) The decisional, constitutional
and public statutory law of Oregon, the United States and any state, territory or
other jurisdiction of the United States.
(B) Public and private official
acts of the legislative, executive and judicial departments of this state, the United
States, and any other state, territory or other jurisdiction of the United States.
(C) Regulations, ordinances
and similar legislative enactments issued by or under the authority of the United
States or any state, territory or possession of the United States.
(D) Rules of court of any court
of this state or any court of record of the United States or of any state, territory
or other jurisdiction of the United States.
(E) The law of an organization
of nations and of foreign nations and public entities in foreign nations.
(F) An ordinance, comprehensive
plan or enactment of any local government in this state, or a right derived therefrom.
Stat. Auth.: ORS 197.040 &
197.633
Stats. Implemented: ORS 197.628
- 197.646
Hist.: LCDD 4-2006, f. &
cert. ef. 5-15-06; LCDD 8-2011, f. & cert. ef. 10-20-11; LCDD 4-2012, f. &
cert. ef. 2-14-12
660-025-0090
Evaluation, Work Program or Decision that No Work Is Necessary
(1) The local government must
conduct an evaluation of its plan and land use regulations based on the periodic
review conditions in ORS 197.628 and OAR 660-025-0070. The local evaluation process
must comply with the following requirements:
(a) The local government must
follow its citizen involvement program and the requirements of OAR 660-025-0080
for conducting the evaluation and determining the scope of a work program.
(b) The local government must
provide opportunities for participation by the department and Periodic Review Assistance
Team. The local government must consider issues related to coordination between
local government comprehensive plan provisions and certified state agency coordination
programs that are raised by the affected agency or Periodic Review Assistance Team.
(c) The local government may
provide opportunities for participation by the Economic Revitalization Team.
(d) At least 21 days before
submitting the evaluation and work program, or decision that no work program is
required, the local government must provide copies of the evaluation to members
of the Periodic Review Assistance Team, if formed, and others who have, in writing,
requested copies.
(e) After review of comments
from interested persons, the local government must adopt an evaluation and work
program or decision that no work program is required.
(2) The local government must
submit the evaluation and work program, or decision that no work program is required,
to the department according to the following requirements:
(a) The evaluation must include
completed evaluation forms that are appropriate to the jurisdiction as determined
by the director. Evaluation forms will be based on the jurisdiction's size, growth
rate, geographic location, and other factors that relate to the planning situation
at the time of periodic review. Issues related to coordination between local government
comprehensive plan provisions and certified agency coordination programs may be
included in evaluation forms.
(b) The local government must
also submit to the department a list of persons who requested notice of the evaluation
and work program or decision that no work program is required.
(c) The evaluation and work
program, or decision that no work program is necessary, must be submitted within
six months of the date the department sent the letter initiating the periodic review
process, including any extension granted under section (3) of this rule.
(3) A local government may request
an extension of time for submitting its evaluation and work program, or decision
that no work program is required. The director may grant the request if the local
government shows good cause for the extension. A local government may be permitted
only one extension, which shall be for no more than 90 days.
(4) A decision by the director
to deny a request for an extension may be appealed to the commission according to
the procedures in OAR 660-025-0110(5), or the director may refer a request for extension
under section (3) of this rule to the commission pursuant to OAR 660-025-0085.
(5) If a local government fails
to submit its evaluation and work program, or decision that no work program is necessary,
by the deadline set by the director or the commission, including any extension,
the director shall schedule a hearing before the commission according to OAR 660-025-0170(3).
Stat. Auth.: ORS 197.040 &
197.633
Stats. Implemented: ORS 197.628
- 197.646
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDC 6-1995, f. & cert. ef. 6-16-95; LCDD 3-2000, f. &
cert. ef. 2-14-00; LCDD 4-2006, f. & cert. ef. 5-15-06; LCDD 4-2012, f. &
cert. ef. 2-14-12
660-025-0100
Notice and Filing of
Objections (Work Program Phase)
(1) After the local government
approves the evaluation and work program, or the evaluation and decision that no
work program is necessary, the local government must notify the department and persons
who participated at the local level orally or in writing during the local process.
The local government notice must contain the following information:
(a) Where a person can review
a copy of the local government's evaluation and work program or the evaluation and
decision that no work program is necessary, and how a person may obtain a copy of
the decision;
(b) The requirements listed
in section (2) of this rule for filing a valid objection to the evaluation, work
program or decision that no work program is necessary; and
(c) That objectors must give
a copy of the objection to the local government.
(2) Persons who participated
at the local level orally or in writing during the local process leading to the
evaluation and work program or decision that no work program is necessary may object
to the local government's decision. To be valid, an objection must:
(a) Be in writing and filed
with the department's Salem office no later than 21 days from the date the notice
was mailed by the local government;
(b) Clearly identify an alleged
deficiency in the evaluation, work program or decision that no work program is necessary;
(c) Suggest a specific work
task that would resolve the deficiency;
(d) Demonstrate that the objecting
party participated at the local level orally or in writing during the local process.
(3) Objections that do not meet
all the requirements of section (2) of this rule will not be considered by the director
or commission.
(4) If the department does not
receive any valid objections within the 21-day objection period, the director may
approve the evaluation and work program or decision that no work program is required.
Regardless of whether valid objections are received, the department must make its
own determination of the sufficiency of the evaluation and work program or determination
that no work program is necessary.
(5) If the department receives
one or more valid objections, the department must issue a report that addresses
the issues raised in valid objections. The report must identify specific work tasks
to resolve valid objections or department concerns. A valid objection must either
be sustained or rejected by the department or commission based on the statewide
planning goals and related statutes and administrative rules.
Stat. Auth.: ORS 197.040 & 197.633
Stats. Implemented: ORS 197.628 - 197.646
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDC 6-1995, f. & cert. ef. 6-16-95; LCDD 3-2000, f. &
cert. ef. 2-14-00; LCDD 4-2006, f. & cert. ef. 5-15-06; LCDD 8-2011, f. &
cert. ef. 10-20-11; LCDD 4-2012, f. & cert. ef. 2-14-12
660-025-0110
Director and Commission
Action (Work Program Phase)
(1) In response to an evaluation
and work program submitted to the department pursuant to OAR 660-025-0100, the director
may:
(a) Issue an order approving
the evaluation and work program or determination that no work program is necessary;
or
(b) Issue an order rejecting
the evaluation and work program or determination that no work program is necessary
and suggest modifications to the local government including a date for resubmittal.
(2) The director may postpone
action, pursuant to section (1) of this rule to allow the department, the jurisdiction,
objectors or other persons who participated orally or in writing at the local level
to reach agreement on specific issues relating to the evaluation and work program
or determination that no work program is necessary.
(3) The director must provide
written notice of the decision to the local government persons who filed objections,
and persons who requested notice of the local government decision.
(4) The director's decision
to approve an evaluation and work program or determination that no work program
is necessary is final and may not be appealed.
(5) The director's decision
to deny an evaluation and work program or determination that no work program is
necessary may be appealed to the commission by the local government, or a person
who filed an objection, or other person who participated orally or in writing at
the local level.
(a) Appeal of the director's
decision must be filed with the department within 21 days of the date notice of
the director's action was mailed;
(b) A person appealing the director's
decision must show that the person participated in the local government decision.
The person appealing the director's decision must show a deficiency in the director's
decision to deny the evaluation, work program or decision that no work program is
necessary. The person appealing the director's decision also must suggest a specific
modification to the evaluation, work program or decision that no work program is
necessary to resolve the alleged deficiency.
(6) If no such appeal is filed,
the director's decision shall be final.
(7) In response to an appeal,
the director may prepare and submit a report to the commission. The provisions in
OAR 660-025-0160(4) and (5) apply.
(8) The commission shall hear
referrals and appeals of evaluations and work programs according to the procedures
in OAR 660-025-0085.
(9) Following its hearing, the
commission must issue an order that either:
(a) Establishes a work program;
or
(b) Determines that no work
program is necessary.
Stat. Auth.: ORS 197.040 &
197.633
Stats. Implemented: ORS 197.628
- 197.646
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDC 6-1995, f. & cert. ef. 6-16-95; LCDD 4-2006, f. &
cert. ef. 5-15-06; LCDD 8-2011, f. & cert. ef. 10-20-11; LCDD 4-2012, f. &
cert. ef. 2-14-12
660-025-0130
Submission of Completed
Work Task
(1) A local government must
submit completed work tasks as provided in the approved work program to the department
along with the notice required in OAR 660-025-0140 and any form required by the
department. A local government must submit to the department a list of persons who
participated orally or in writing in the local proceedings leading to the adoption
of the work task or who requested notice of the local government's final decision
on a work task.
(2) After receipt of a work
task, the department must determine whether the submittal is complete.
(3) To be complete, a submittal
must be a final decision containing all required elements identified for that task
in the work program. The department may accept a portion of a task or subtask as
a complete submittal if the work program identified that portion of the task or
subtask as a separate item for adoption by the local government. Task submittals
are subject to the following requirements:
(a) If the local record does
not exceed 2,000 pages, a submittal must include the entire local record, including
but not limited to adopted ordinances and orders, studies, inventories, findings,
staff reports, correspondence, hearings minutes, written testimony and evidence,
and any other items specifically listed in the work program;
(b) If the local record exceeds
2,000 pages, a submittal must include adopted ordinances, resolutions, and orders;
any amended comprehensive or regional framework plan provisions or land use regulations;
findings; hearings minutes; materials from the record that the local government
deems necessary to explain the submittal or cites in its findings; and a detailed
index listing all items in the local record and indicating whether or not the item
is included in the submittal. All items in the local record must be made available
for public review during the period for submitting objections under OAR 660-025-0140.
The director or commission may require a local government to submit any materials
from the local record not included in the initial submittal;
(c) A task submittal of over
500 pages must include an index of all submitted materials.
(4) A submittal includes only
the materials provided to the department pursuant to section (3) of this rule. Following
submission of objections pursuant to OAR 660-025-0140, the local government may:
(a) Provide written correspondence
that is not part of the local record which identifies material in the record relevant
to filed objections. The correspondence may not include or refer to materials not
in the record submitted or listed pursuant to section (3) of this rule. The local
government must provide the correspondence to each objector at the same time it
is sent to the department.
(b) Submit materials in the
record that were not part of the submittal under section (3) if the materials are
relevant to one or more filed objections. The local government may not include or
refer to materials not in the local record. The local government must provide the
materials to each objector at the same time it is sent to the department.
(5) If the department determines
that a submittal is incomplete, it must notify the local government. If the department
determines that the submittal should be reviewed despite missing information, the
department may commence a formal review of the submittal. Missing material may be
identified as a deficiency in the review process and be a basis to require further
work by the local government.
(6) A local government may request
an extension of time for submitting a work task. The director may grant the request
if the local government shows good cause for the extension. A local government may
be permitted only one extension, which shall be for no more than one year.
(7) If a local government fails
to submit a complete work task by the deadline set by the director, or the commission,
including any extension, the director must schedule a hearing before the commission.
The hearing must be conducted according to the procedures in OAR 660-025-0170(3).
Stat. Auth.: ORS 197.040 &
197.633
Stats. Implemented: ORS 197.628
- 197.646
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDC 6-1995, f. & cert. ef. 6-16-95; LCDD 3-2000, f. &
cert. ef. 2-14-00; LCDD 3-2004, f. & cert. ef. 5-7-04; LCDD 4-2006, f. &
cert. ef. 5-15-06; LCDD 8-2011, f. & cert. ef. 10-20-11; LCDD 4-2012, f. &
cert. ef. 2-14-12
660-025-0140
Notice and Filing of
Objections (Work Task Phase)
(1) After the local government
makes a final decision on a work task, the local government must notify the department
and persons who participated at the local level orally or in writing during the
local process or who requested notice in writing. The local government notice must
contain the following information:
(a) Where a person can review
a copy of the local government's final decision, and how a person may obtain a copy
of the final decision;
(b) The requirements
listed in section (2) of this rule for filing a valid objection to the work task;
and
(c) That objectors must give a copy of
the objection to the local government.
(2) Persons who participated
orally or in writing in the local process leading to the final decision may object
to the local government's work task submittal. To be valid, objections must:
(a) Be in writing and filed
with the department's Salem office no later than 21 days from the date the local
government mailed the notice;
(b) Clearly identify an alleged
deficiency in the work task sufficiently to identify the relevant section of the
final decision and the statute, goal, or administrative rule the task submittal
is alleged to have violated;
(c) Suggest specific revisions
that would resolve the objection; and
(d) Demonstrate that the objecting
party participated orally or in writing in the local process leading to the final
decision.
(3) Objections that do not meet
the requirements of section (2) of this rule will not be considered by the director
or commission.
(4) If no valid objections are
received within the 21-day objection period, the director may approve the work task.
Regardless of whether valid objections are received, the director may make a determination
of whether the work task final decision complies with the statewide planning goals
and applicable statutes and administrative rules.
(5) When a subsequent work task
conflicts with a work task that has been deemed acknowledged, or violates a statewide
planning goal, applicable statute or administrative rule related to a previous work
task, the director or commission shall not approve the submittal until all conflicts
and compliance issues are resolved. In such case, the director or commission may
enter an order deferring acknowledgment of all, or part, of the work task until
completion of additional tasks.
(6) If valid objections are
received or the department conducts its own review, the department must issue a
report. The report shall address the issues raised in valid objections. The report
shall identify specific work tasks to resolve valid objections or department concerns.
A valid objection shall either be sustained or rejected by the department or commission
based on the statewide planning goals, or applicable statutes or administrative
rules.
Stat. Auth.: ORS 197.040 &
197.633
Stats. Implemented: ORS 197.628
- 197.646
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDC 6-1995, f. & cert. ef. 6-16-95; LCDD 3-2000, f. &
cert. ef. 2-14-00; LCDD 3-2004, f. & cert. ef. 5-7-04; LCDD 4-2006, f. &
cert. ef. 5-15-06; LCDD 8-2011, f. & cert. ef. 10-20-11; LCDD 4-2012, f. &
cert. ef. 2-14-12
660-025-0150
Director Action and Appeal
of Director Action (Work Task Phase)
(1) In response to a completed
work task submitted to the department for review in accordance with OAR 660-025-0140,
the director may:
(a) Issue an order approving
the completed work task;
(b) Issue an order remanding
the work task to the local government including a date for resubmittal;
(c) Refer the work task to the
commission for review and action; or
(d) The director may issue an
order approving portions of the completed work task provided these portions are
not affected by an order remanding or referring the completed work task.
(2) The director must send the
order to the local government, persons who filed objections and persons who, in
writing, requested a copy of the action.
(3) The director shall take
action on, and the order or referral must be sent, not later than 120 days of the
date the department received the task submittal from the local government, unless
the local government waives the 120-day deadline or the commission grants the director
an extension. The local government may withdraw the submittal, in which case the
120-day deadline does not apply, provided the withdrawal will not result in the
local government passing the deadline for work task submittal in the work program
and any extension allowed in OAR 660-025-0130(6).
(4) If the director does not
issue an order or refer the work task within the time limits set by section (3)
of this rule, and the department did not receive any valid objections to the work
task, the work task shall be deemed approved. In such cases, the department will
provide a letter to the local government certifying that the work task is approved.
(5) If the department received
one or more valid objections to the work task, the director must either issue an
order or refer the work task to the commission for review.
(6) Appeals of a director's
decision are subject to the following requirements:
(a) A director's decision approving
or partially approving a work task may be appealed to the commission only by a person
who filed a valid objection.
(b) A director's decision remanding
or partially remanding a work task may be appealed to the commission only by the
local government, a person who filed a valid objection, or by another person who
participated orally or in writing in the local proceedings leading to adoption of
the local decision under review.
(c) Appeals of a director's
decision must be filed with the department's Salem office within 21 days of the
date the director's action was mailed;
(d) A person, other than the
local government that submitted the work task and an affected local government,
appealing the director's decision must:
(A) Show that the person participated
in the local proceedings leading to adoption of the work task orally or in writing;
(B) Clearly identify a deficiency
in the work task sufficiently to identify the relevant section of the submitted
task and the statute, goal, or administrative rule the local government is alleged
to have violated; and
(C) Suggest a specific modification
to the work task necessary to resolve the alleged deficiency.
(7) If no appeal to the commission
is filed within the time provided by section (6) of this rule, the director's order
is deemed affirmed by the commission. If the order approved a work task, the work
task is deemed acknowledged.
(8) When a subsequent work task
conflicts with a work task that has been deemed acknowledged, or violates a statewide
planning goal, applicable statute or administrative rule related to a previous work
task, the director or commission shall not approve the submittal until all conflicts
and compliance issues are resolved. In such case, the director or commission may
enter an order deferring acknowledgment of all, or part, of the subsequent work
task until completion of additional tasks.
(9) The director’s standard
of review is the same as the standard that governs the commission expressed in OAR
660-025-0160(2).
Stat. Auth.: ORS 197.040 &
197.633
Stats. Implemented: ORS 197.628
- 197.646
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDC 6-1995, f. & cert. ef. 6-16-95; LCDD 3-2000, f. &
cert. ef. 2-14-00; LCDD 3-2004, f. & cert. ef. 5-7-04; LCDD 4-2006, f. &
cert. ef. 5-15-06; LCDD 8-2011, f. & cert. ef. 10-20-11; LCDD 4-2012, f. &
cert. ef. 2-14-12
660-025-0160
Commission Review of
Referrals and Appeals (Work Task Phase)
(1) The commission shall hear
appeals and referrals of work tasks according to the applicable procedures in OAR
660-025-0085 and 660-025-0150.
(2) The commission’s standard
of review, as provided in ORS 197.633(3), is:
(a) For evidentiary issues,
whether there is substantial evidence in the record as a whole to support the local
government’s decision.
(b) For procedural issues, whether
the local government failed to follow the procedures applicable to the matter before
the local government in a manner that prejudiced the substantial rights of a party
to the proceeding.
(c) For issues concerning compliance
with applicable laws, whether the local government’s decision on the whole
complies with applicable statutes, statewide land use planning goals, administrative rules, the comprehensive plan, the regional framework plan,
the functional plan and land use regulations. The commission shall defer to a local
government’s interpretation of its comprehensive plan or land use regulation
in the manner provided in ORS 197.829 or to Metro’s interpretation of its
regional framework plan or functional plans. For purposes of this subsection, “complies”
has the meaning given the term “compliance” in the phrase “compliance
with the goals” in ORS 197.747.
(3) In response to a referral or appeal,
the director may prepare and submit a report to the commission.
(4) The department must mail
a copy of the report to the local government, all persons who submitted objections,
and other persons who appealed the director's decision. The department must mail
the report at least 21 days before the commission meeting to consider the referral
or appeal.
(5) The persons specified in
OAR 660-025-0085(5)(c) may file written exceptions to the director's report within
10 days of the date the report is mailed. Objectors may refer to or append to their
exceptions any document from the local record, whether or not the local government
submitted it to the department under OAR 660-025-0130. The director may issue a
response to exceptions and may make revisions to the director's report in response
to exceptions. The department may provide the commission a response or revised report
at or prior to its hearing on the referral or appeal. A revised director's report
does not require mailing 21 days prior to the commission hearing.
(6) The commission shall hear
appeals based on the local record. The written record shall consist of the submittal,
timely objections, the director's report, timely exceptions to the director's report
including materials described in section (5) of this rule, the director's response
to exceptions and revised report if any, and the appeal if one was filed.
(7) Following its hearing, the
commission must issue an order that does one or more of the following:
(a) Approves the work task or
a portion of the task;
(b) Remands the work task or
a portion of the task to the local government, including a date for resubmittal;
(c) Requires specific plan or
land use regulation revisions to be completed by a specific date. Where specific
revisions are required, the order shall specify that no further review is necessary.
These changes are final when adopted by the local government. The failure to adopt
the required revisions by the date established in the order shall constitute failure
to complete a work task by the specified deadline requiring the director to initiate
a hearing before the commission according to the procedures in OAR 660-025-0170(3);
(d) Amends the work program
to add a task authorized under OAR 660-025-0170(1)(b); or
(e) Modifies the schedule for
the approved work program in order to accommodate additional work on a remanded
work task.
(8) If the commission approves
the work task or portion of a work task under subsection (7)(a) of this rule and
no appeal to the Court of Appeals is filed within the time provided in ORS 183.482,
the work task or portion of a work task shall be deemed acknowledged. If the commission
decision on a work task is under subsection (7)(b) through (e) of this rule and
no appeal to the Court of Appeals is filed within the time provided in ORS 183.482,
the decision is final.
Stat. Auth.: ORS 197.040 &
197.633
Stats. Implemented: ORS 197.628
- 197.646
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDC 6-1995, f. & cert. ef. 6-16-95; LCDD 3-2000, f. &
cert. ef. 2-14-00; LCDD 3-2004, f. & cert. ef. 5-7-04; LCDD 4-2006, f. &
cert. ef. 5-15-06; LCDD 8-2011, f. & cert. ef. 10-20-11; LCDD 4-2012, f. &
cert. ef. 2-14-12
660-025-0170
Modification of an Approved Work Program, Extensions, and Sanctions for Failure to Meet Deadlines
(1) The commission may direct,
or, upon request of the local government, the director 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 requires
an enhanced level of coordination;
(b) Issues of goal compliance
are raised as a result of completion of a work 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, economic development, transportation, public facilities and services, or
urbanization were omitted from the work program but must be addressed in order to
ensure compliance with the statewide planning goals.
(2) Failure to complete a modified
work task shall constitute failure to complete a work task by the specified deadline,
requiring the director to initiate a hearing before the commission according to
the procedures in section (3).
(3) If a local government fails
to submit its evaluation and work program, a decision that no work program is necessary,
or a work task by the deadline set by the director or the commission, including
any extension, the director shall schedule a hearing before the commission. The
notice must state the date and location at which the commission will conduct the
hearing. The hearing will be conducted pursuant to OAR 660-025-0085 and as follows:
(a) The director shall notify
the local government in writing that its submittal is past due and that the commission
will conduct a hearing and consider imposing sanctions against the local government
as required by ORS 197.636(2);
(b) The director and the local
government may prepare written statements to the commission addressing the circumstances
causing the local government to miss the deadline and the appropriateness of any
of the sanctions listed in ORS 197.636(2). The written statements must be filed
in a manner and according to a schedule established by the director;
(c) The commission shall issue
an order imposing one or more of the sanctions listed in ORS 197.636(2) until the
local government submits its evaluation and work program or its decision that no
work program is required, or its work task required under OAR 660-025-0130, as follows:
(A) Require the local government
to apply those portions of the goals and rules to land use decisions as specified
in an order issued by the commission,
(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 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 commission deems necessary to ensure compliance with the statewide
planning goals.
Stat. Auth.: ORS 197.040 &
197.633
Stats. Implemented: ORS 197.628
- 197.646
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDC 6-1995, f. & cert. ef. 6-16-95; LCDD 1-1998, f. &
cert. ef. 4-15-98; LCDD 3-2000, f. & cert. ef. 2-14-00; LCDD 4-2006, f. &
cert. ef. 5-15-06; LCDD 8-2011, f. & cert. ef. 10-20-11; LCDD 4-2012, f. &
cert. ef. 2-14-12
660-025-0175
Review of UGB Amendments
and Urban Reserve Area Designations
(1) A local government must
submit the following land use decisions to the department for review for compliance
with the applicable statewide planning goals, statutes and rules in the manner provided
for review of a work task under ORS 197.633:
(a) An amendment of an urban
growth boundary by a metropolitan service district that adds more than 100 acres
to the area within its urban growth boundary;
(b) An amendment of an urban
growth boundary by a city with a population of 2,500 or more within its urban growth
boundary that adds more than 50 acres to the area within the urban growth boundary;
(c) A designation of an area as an urban reserve under ORS
195.137 to 195.145 by a metropolitan service district or by a city with a population
of 2,500 or more within its urban growth boundary;
(d) An amendment of the boundary of an
urban reserve by a metropolitan service district;
(e) An amendment of the boundary
of an urban reserve to add more than 50 acres to the urban reserve by a city with
a population of 2,500 of more within its urban growth boundary; and
(f) A designation or an amendment
to the designation of a rural reserve under ORS 195.137 to 195.145 by a county,
in coordination with a metropolitan service district, including an amendment of
the boundary of a rural reserve.
(2) The standards and procedures
in this rule govern the local government process and submittal, and department and
commission review.
(3) The local government must
provide notice of the proposed amendment according to the procedures and requirements
for post-acknowledgement plan amendments in ORS 197.610 and OAR 660-018-0020.
(4) The local government must
submit its final decision amending its urban growth boundary, or designating urban
reserve areas, to the department according to all the requirements for a work task
submittal in OAR 660-025-0130 and 660-025-0140.
(5) Department and commission
review and decision on the submittal from the local government must follow the procedures
and requirements for review and decision of a work task submittal in OAR 660-025-0085,
and 660-025-0140 to 660-025-0160.
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 195.145,
197.626 – 197.646
Hist.: LCDD 3-2000, f. &
cert. ef. 2-14-00; LCDD 3-2004, f. & cert. ef. 5-7-04; LCDD 4-2006, f. &
cert. ef. 5-15-06; LCDD 8-2011, f. & cert. ef. 10-20-11; LCDD 4-2012, f. &
cert. ef. 2-14-12
660-025-0180
Stay Provisions
(1) When a local government
makes a final decision on a work task or portion of a work task that is required
by, or carries out, an approved work program, or if the local government is required
to submit a final decision to the department under OAR 660-025-0175(1), interested
persons may request a stay of the local government's final decision by filing a
request for a stay with the commission. In taking an action on a request to stay
a local government's final decision on a work task, the commission must use the
standards and procedures contained in OAR chapter 660, division 1.
(2) The director may grant a
temporary stay of a final decision on a local government decision described in section
(1) of this rule. A temporary stay must meet applicable stay requirements of the
Administrative Procedures Act. A temporary stay issued by the director shall only
be effective until the commission has acted on a stay request pursuant to section
(1) of this rule.
Stat. Auth.: ORS 197.040 &
197.633
Stats. Implemented: ORS 197.628
- 197.646
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDD 3-2000, f. & cert. ef. 2-14-00; LCDD 4-2006, f. &
cert. ef. 5-15-06; LCDD 4-2012, f. & cert. ef. 2-14-12
660-025-0210
Updated Planning Documents
(1) Pursuant to ORS 195.025
and 195.040 and the legislative policy described in ORS 197.010 and 197.633, each
local government must file a complete and accurate copy of its comprehensive plan
and land use regulations bearing the date of adoption (including plan and zone maps
bearing the date of adoption) with the department following completion of periodic
review. These materials may be either a new printing or an up-to-date compilation
of the required materials, and must include data described in OAR 660-018-0040(4),
if applicable.
(2) Local governments that create
or alter zoning or comprehensive plan maps as geospatial data are encouraged but
not required to share this data with the department, except for geospatial data
describing an urban growth boundary or urban or rural reserve that is created or
altered under a completed work task, in which case the submission must include electronic
geospatial data depicting the boundary change. Geospatial data submitted to the
department must comply with the following standards endorsed by the Oregon Geographic
Information Council:
(a) The data must be in an electronic
format compatible with the State’s Geographic Information System software
standard described in OAR 125-600-7550; and
(b) The data must be accompanied
by metadata that meets at least the minimum requirements of the federal Content
Standard for Digital Geospatial Metadata.
(3) Materials described in sections
(1) and (2) of this rule must be submitted to the department within six months of
completion of the last work task.
(4) The updated plan must be
accompanied by a statement signed by a city or county official certifying that the
materials are an accurate copy of current planning documents and that they reflect
the changes made as part of periodic review.
(5) Jurisdictions that do not
file an updated plan on time shall not be eligible for periodic review grants from
the department until such time as the required materials are provided to the department.
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 197.190,
197.270 & 197.628 -197.646
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDC 6-1995, f. & cert. ef. 6-16-95; LCDD 4-2006, f. &
cert. ef. 5-15-06; LCDD 8-2011, f. & cert. ef. 10-20-11; LCDD 4-2012, f. &
cert. ef. 2-14-12
660-025-0220
Computation of Time
(1) For the purposes of OAR
chapter 660, division 25, periodic review rule, unless otherwise provided by rule,
the time to complete required tasks, notices, objections, and appeals shall be 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. When the period of time to complete the task is less than
seven (7) days, intervening Saturdays, Sundays or legal holidays shall not be counted.
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 174.120,
187.010, 187.020, 197.628 - 197.650
Hist.: LCDC 1-1992, f. &
cert. ef. 1-28-92; LCDC 6-1995, f. & cert. ef. 6-16-95; LCDD 4-2006, f. &
cert. ef. 5-15-06; LCDD 4-2012, f. & cert. ef. 2-14-12
660-025-0230
Applicability
(1) Except as otherwise required
by law, amendments to this division apply as follows:
(a) Local governments in periodic
review that have not submitted an evaluation and work program, or decision that
no work program is required, must apply the amendments to the evaluation and work
program or decision that no work program is required;
(b) Local governments in periodic
review must apply amendments to work tasks not completed or submitted to the department
on the effective date of the amendments;
(c) The commission may modify
approved work programs to carry out the priorities and standards reflected in amendments;
(d) The procedures and standards
in amendments for department and commission review and action on periodic review
submittals, requests for extensions, and late submittals apply to all such submittals
and requests filed with the department after the effective date of the amendments,
as well as any such submittals and requests awaiting initial department action on
the effective date of the amendments.
Stat. Auth.: ORS 197.040-197.245
Stats. Implemented: ORS 197.628
- 197.646
Hist.: LCDD 3-2000, f. &
cert. ef. 2-14-00; LCDD 4-2006, f. & cert. ef. 5-15-06; LCDD 8-2011, f. &
cert. ef. 10-20-11; LCDD 4-2012, f. & cert. ef. 2-14-12
660-025-0250
Transfer of Matters to the Land Use Board of Appeals
(1) The director may elect to
transfer a matter to the Land Use Board of Appeals (board) under ORS 197.825(2)(c)(A),
including but not limited to an appeal of the director’s decision pursuant
to OAR 660-025-0150(6).
(2) The director may transfer
matters to the board when:
(a) The
matter is an urban growth boundary expansion approved by the local government based
on a quasi-judicial land use application and does not require an interpretation
of first impression of statewide planning Goal 14, ORS 197.296 or 197.298; or
(b)(A) The matter concerns a provision
of law not directly related to compliance with a statewide planning goal;
(B) The matter is an appeal
of the director’s decision and concerns a clearly identified provision of
the work task submittal that is alleged to violate a provision of law and clearly
identifies the provision of law that is alleged to have been violated; and
(C) The matter is sufficiently
well-defined such that it can be separated from other issues in the work task that
are not transferred to the board.
(3) When the director elects
to transfer a matter to the board, notice of the decision must be sent to the local
jurisdiction, the appellant, any objectors, and the board. The notice shall include
identification of the matter to be transferred and explanation of the procedures
and deadline for appeal of the matter to the board.
(4) The director's decision
under this rule is final and may not be appealed.
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 197.825
Hist.: LCDD 4-2006, f. &
cert. ef. 5-15-06; LCDD 4-2012, f. & cert. ef. 2-14-12
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
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