Dept. of Land Conservation and Development_660

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The Oregon Administrative Rules contain OARs filed through January 15, 2010

LAND CONSERVATION AND DEVELOPMENT DEPARTMENT

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 is to carry out the state policies outlined in ORS 197.010 and Or Laws 2003, Chapter 800, Section 17(2)).

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

660-018-0010

Definitions

For the purpose of this division, the definitions contained in ORS 197.015 apply. In addition, the following definitions apply:

(1) “Computation of Time” means unless otherwise provided in this rule, the time within which an act is to be done is computed by excluding the first day and including the last unless the last day falls upon any legal holiday, Saturday, or Sunday in which case the last day is also excluded.

(2) “Electronic copy” means a computer file or files, which can be submitted as digital media such as disc, electronic mail, or other method of file transfer.

(3) “Final Decision” means the written, signed approval, or approval as modified, by the local government, of a proposed amendment to, or adoption of, a comprehensive plan or land use regulation. A denial of a proposed amendment by the local government shall not be considered a “Final Decision” and therefore is not subject to review under this administrative rule. The date of the “Final Decision” as described in OAR 660-018-0040 shall be the date on which the local government takes final action on the amendment to, or adoption of, a comprehensive plan or land use regulation. In order to be deemed final, the local government action must include the adoption of all supplementary findings and data. In addition, the date of final action shall be the day following exhaustion of all appeal rights before local government.

(4) “Final Hearing on Adoption” as described in OAR 660-018-0020 and 660-018-0030 means the last hearing where all interested persons are allowed to present evidence and rebut testimony on the proposal to adopt or amend a comprehensive plan or land use regulation. “Final Hearing on Adoption” shall not include a hearing held solely on the record of a previous hearing held by the governing body or its designated hearing body.

(5) “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 or amend a comprehensive plan or land use regulation. “First evidentiary hearing” does not include a work session or briefing where testimony is not allowed.

(6) “Map Change” as used in OAR 660-018-0020 means a change in the designation of an area as shown on the comprehensive plan map, zoning map or both.

(7) “Substantially Amended” as used in OAR 660-018-0045 shall mean any change in text that differs from the proposal submitted under OAR 660-018-0020 to such a degree that the notice under OAR 660-018-0020 did not reasonably describe the nature of the local government final action.

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

660-018-0020

Filing of a Proposed Amendment to or Adoption of a Comprehensive Plan or Land Use Regulation with the Director

(1) A proposal to amend a local government acknowledged comprehensive plan or land use regulation or to adopt a new land use regulation must:

(a) Be submitted to the director at least 45 days before the first evidentiary hearing on adoption. The submittal must be received by the department at its Salem office;

(b) Be accompanied by appropriate forms provided by the department;

(c) Contain two copies of the text and any supplemental information the local government believes is necessary to inform the director as to the effect of the proposal. One of the required copies may be an electronic copy;

(d) Indicate the date of the final hearing on adoption. If a final hearing on adoption is continued or delayed, following proper procedures, the local government is not required to submit a new notice under OAR 660-018-0020.

(e) In the case of a map change, include a map showing the area to be changed as well as the existing and proposed designations. Wherever possible, this map should be on 8-1/2 by 11-inch paper;

(f) Where a goal exception is being proposed, include the proposed language of the exception. The Commission urges the local government to submit information that explains the relationship of the proposal to the acknowledged plan and the goals, where applicable.

(2) The text submitted to comply with subsection (1)(c) of this rule must include the specific language being proposed as an addition to or deletion from the acknowledged plan or land use regulations. A general description of the proposal or its purpose is not sufficient. In the case of map changes, the text must include a graphic depiction of the change, and not just a legal description, tax account number, address or other similar general description.

660-018-0021

Submittal of Joint Amendments

Where two or more local governments are required by plan provisions or statewide goals to jointly consider or agree on a comprehensive plan or land use regulation amendment, the local governments shall jointly submit the proposed amendment and adopted action. Notice of jointly proposed amendments must be provided 45 days prior to the first evidentiary hearing. For purposes of notice and appeal, the date of the final decision is the date of the last local government’s adoption.

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

660-018-0022

Exemptions to Filing Requirements Under OAR 660-018-0020

Exemptions to the requirements of OAR 660-018-0020 are governed by ORS 197.610(2).

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

660-018-0025

Notice of Proposed Amendment to or Adoption of a Comprehensive Plan or Land Use Regulation Sent to Those Requesting

Persons requesting written notice of proposed amendments to acknowledged comprehensive plans or land use regulations or proposed adoptions of new land use regulations who have paid the fee established under the provisions of OAR 660-018-0140 shall be mailed a notice by the department of the proposed action within 15 days of the receipt of notice from local government required by OAR 660-018-0020. The department may provide such notice by electronic mail, in which case no fee is required. The department may provide the notice via the World Wide Web.

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

660-018-0030

Report to Commission

The director must report the department position on proposed comprehensive plan or land use regulation adoption or amendments to the Commission at least 20 days prior to the final hearing on adoption. This report shall indicate whether the department will participate in local government proceedings and whether the director believes the proposal violates the goals.

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

660-018-0035

Department Participation

If the department chooses to participate in a local government proceeding for which notice was received under OAR 660-018-0020, the department shall notify the local government. The department notification shall occur at least 15 days prior to the first evidentiary hearing on adoption as specified in notice received under OAR 660-018-0020, provided the director received the proposal at least 45 days prior to the first evidentiary hearing, and shall indicate any concerns with the proposal and recommendations considered necessary to address the concerns including, but not limited to, suggested corrections to achieve compliance with the goals.

660-018-0040

Submittal of Adopted Material

(1) Amendments to acknowledged comprehensive plans or land use regulations, new land use regulations adopted by local government, and findings to support the adoption shall be mailed or otherwise submitted to the director within five working days after the final decision by the governing body and shall be accompanied by appropriate forms provided by the department. If the text and findings are mailed, they shall include a signed statement by the person mailing them indicating the date of deposit in the mail.

(2) Local government must notify the department of withdrawals or denials of proposals previously sent to the department under requirements of OAR 660-018-0020.

(3) The local government must clearly indicate in its transmittal which provisions of ORS 196.610(2) are applicable where the adopted amendment was not submitted for review 45 days prior to the first evidentiary hearing on adoption.

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 though they were not required to be submitted for review prior to adoption.)

(4) Where amendments, including supplementary materials exceed 100 pages, a summary of the amendment briefly describing its purpose and requirements shall be submitted to the director. Such amendments should be submitted as an electronic copy.

660-018-0045

Changes in Proposals

If comprehensive plan or land use regulation amendments or new land use regulations that are adopted by a local government have been substantially amended, the local government must specify the changes that have been made in the notice to the director provided in OAR 660-018-0040.

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

660-018-0050

Notice to Other Parties

Notice of adopted plan amendments to parties other than director is governed by ORS 197.615(2).

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

660-018-0055

Notice of Local Government Action by the Director

Within five working days of the receipt of notice under OAR 660-018-0040, the director shall provide notice by mail or other submission to those who have requested notice under OAR 660-018-0055 and have paid the fee established under the provisions of OAR 660-018-0140. Such notice may, with the requestor’s consent, be provided by electronic mail or the World Wide Web, in which case no fee is required. This notice shall explain the requirements for appealing the local government action to the Land Use Board of Appeals and indicate the locations where the adopted documents may be reviewed.

660-018-0060

Who May Appeal

Eligibility for appeal of a local government decision to adopt or amend a comprehensive plan or land use regulation is governed by ORS 197.620.

Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 197.610 - 197.845
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

660-018-0085

Action Where No Appeal or Objection is Timely Filed

Pursuant to ORS 197.625, if the Land Use Board of Appeals or the appellate courts affirm a local government action, or no appeal is timely filed, a local action under this division is considered acknowledged.

660-018-0140

Fee for Notice

(1) An annual fee of $300 to defray the costs of mailed notice provided under OAR 660-018-0025 is established. The fee shall be assessed for each fiscal year, or fraction thereof, commencing July 1, 2008. The fee is payable in advance of any notice being provided under OAR 660-018-0025. For each subsequent fiscal year, the department shall bill persons requesting such notice the annual fee each July. Persons failing to remit the fee within 30 days of the date of the invoice shall be deemed as having terminated the request for notice provided under OAR 660-018-0025.

(2) An annual fee of $500 to defray the costs of mailed notice provided under OAR 660-018-0055 is established. The fee shall be assessed for each fiscal year, or fraction thereof, commencing July 1, 2008. The fee is payable in advance of any notice being provided under OAR 660-018-0055. For each subsequent fiscal year, the department shall bill persons requesting such notice the annual fee each July. Persons failing to remit the fee within 30 days of the date of the invoice shall be deemed as having terminated the request for notice provided under OAR 660-018-0055.

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

660-018-0150

Time Limits Regarding Certified Industrial Sites

(1) Upon application for a comprehensive plan or land use regulation amendment or a new land use regulation necessary to expedite and facilitate industrial or traded sector development on any of the certified industrial sites identified and prioritized under Or Laws 2003, Chapter 800, Section 12, a local government shall take final 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 Or Laws 2003, Chapter 800, Section (2) in accordance with the requirements of Or Laws 2003, Chapter 800, Section 12.

(3) Persons, including the director, who participated in the local government proceedings leading to the adoption of a comprehensive plan or land use regulation amendment or new land use regulation described in section (1) of this rule may appeal the final 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 final action 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 Or 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 660-025-040, 660-025-140 through 660-025-160, and 660-025-175.

Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 197.610 - 197.625
Hist.: LCDD 3-2004, f. & cert. ef. 5-7-04; LCDD 3-2008, f. & cert. ef. 4-18-08

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