CHAPTER
80
AN
ACT
[SB100]
Relating to land use; creating
new provisions; amending ORS 215.055, 215.510, 215.515, 215.535 and 453.345;
and appropriating money.
Be It Enacted by the People of
the State of Oregon:
PART I INTRODUCTION
PREAMBLE
SECTION 1. The Legislative Assembly finds that:
(1)
Uncoordinated use of lands within this state threaten the orderly development,
the environment of this state and the health, safety, order, convenience,
prosperity and welfare of the people of this state.
(2) To promote
coordinated administration of land uses consistent with comprehensive plans
adopted throughout the state, it is necessary to establish a process for the
review of state agency, city, county and special district land conservation and
development plans for compliance with state-wide planning goals and guidelines.
(3) Except as
otherwise provided in subsection (4) of this section, cities and counties
should remain as the agencies to consider, promote and manage the local aspects
of land conservation and development for the best interests of the people
within their jurisdictions.
(4) The
promotion of coordinated state-wide land conservation and development requires
the creation of a state-wide planning agency to prescribe planning goals and
objectives to be applied by state agencies, cities, counties and special
districts throughout the state.
(5) The impact
of proposed development projects, constituting activities of State significance
upon the public health, safety and welfare, requires a system of permits reviewed
by a state-wide agency to carry out state-wide planning goals and guidelines
prescribed for application for activities of state-wide significance throughout
this state.
POLICY STATEMENT
SECTION 2. The Legislative Assembly declares that, in
order to assure the high possible level of liveability
in Oregon, it is necessary to provide for properly prepared and coordinated
comprehensive plans for cities and counties, regional areas and the state as a
whole. These comprehensive plans:
(1) Must be
adopted by the appropriate governing body at the local and state levels;
(2) Are
expressions of public policy in the form of policy statements, generalized maps
and standards and guidelines;
(3) Shall be
the basis for more specific rules, regulations and ordinances which implement
the policies expressed through the comprehensive plans;
(4) Shall be
prepared to assure that all public actions are consistent and coordinated with
the policies expressed through the comprehensive plans; and
(5) Shall be
regularly reviewed and, if necessary, revised to keep them consistent with the
changing needs and desires of the public they are designed to serve.
DEFINITIONS
SECTION 3. As used in this Act, unless the context
requires otherwise:
(1) Activity
of state-wide significance means a land conservation and development activity
designated pursuant to section 25 of this Act.
(2)
Commission means the Land Conservation and Development Commission.
(3) Committee
means the Joint Legislative Committee on Land Use.
(4) Comprehensive
plan means a generalized, coordinated land use map and policy statement of the
governing body of a state agency, city county or special district that
interrelates all functional and natural systems and activities relating to the
use of lands, including but not limited to sewer and water systems,
transportation systems, educational systems, recreational facilities, and
natural resources and air and water quality management programs. Comprehensive means all-inclusive, both in
terms of the geographic area covered and functional and natural activities
systems occurring in the area covered by the plan. General nature means a summary of policies
and proposals in broad categories and does not necessarily indicate specific
locations of any area, activity or use. A
plan is coordinated when the needs of all levels of governments, semipublic
and private agencies and the citizens of Oregon have been considered and
accommodated as much as possible. Land
includes water, both surface and subsurface, and the air.
(5)
Department means the Department of Land Conservation and Development.
(6) Director
means the Director of the Department of Land Conservation and Development.
(7) Special
district means any unit of local government, other than a city or county,
authorized and regulated by statute and includes, but is not limited to: Water
control districts, irrigation districts, port districts, regional air quality control authorities,
fire districts, school districts, hospital districts, mass transit districts
and sanitary districts.
(8) Voluntary
association of local governments means a regional planning agency in this
state officially designated by the Governor pursuant to the federal Office of
Management and Budget Circular A-95 as a regional clearinghouse.
PART II ORGANIZATION, ROLES AND
RESPONSIBILITIES
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT
SECTION 4. The Department of Land
Conservation and Development is established.
The department shall consist of the Land Conservation and Development Commission,
the director and their subordinate officers and employes.
SECTION 5. (1) There is established a Land Conservation
and Development Commission consisting of seven members appointed by the
Governor, subject to confirmation by the Senate in the manner provided in ORS
171.560 and 171.570.
(2) In making
appointments under subsection (1) of this section, the Governor shall select
from residents of this state one member from each congressional district and
the remaining members from the state at 1arge.
At least one and no more than two members shall be from Multnomah County.
(3) The term of
office of each member of the commission is four years, but a member may be
removed by the Governor for cause. Before
the expiration of the term of a member, the Governor shall appoint a successor. No person shall serve more than two full
terms as a member of the commission.
(4) If there is
a vacancy for any cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
SECTION 6. Notwithstanding the term of office specified
in section 5 of this Act, of the members first appointed to the commission:
(1) Two shall
serve for a term ending June 30, 1974.
(2) Two shall
serve for a term ending June 30, 1975.
(3) Two shall
serve for a term ending June 30, 1976.
(4) One shall
serve for a term ending June 30, 1977.
SECTION 7. (1) The commission shall select one of its
members as chairman and another member as vice chairman, for such terms and with
duties and powers necessary for the performance of the functions of such offices
as the commission determines. The vice
chairman of the commission shall act as the chairman of the commission in the
absence of the chairman.
(2) A majority
of the members of the commission constitutes a quorum for the transaction of
business.
SECTION 8. Members of the commission are entitled to
compensation and expenses as provided in ORS 292.495
SECTION 9. The commission shall:
(1) Direct the
performance by the director and his staff of their functions under this Act.
(2) In
accordance with the provisions of OHS chapter 183, promulgate rules that it
considers necessary in carrying out this Act.
(3) Cooperate
with the appropriate agencies of the United States, this state and its
political subdivisions, any other state, any interstate agency, any person or
groups of persons with respect to land conservation and development.
(4) Appoint
advisory committees to aid it in carrying out this Act and provide technical
and other assistance, as it considers necessary, to each such committee.
SECTION 10. The commission may:
(1) Apply for
and receive moneys from the Federal Government and from this state or any of
its agencies or departments.
(2) Contract
with any public agency for the performance of services or the exchange of employes or services by one to the other necessary in
carrying out this Act.
(3) Contract
for the services of and consultation with professional persons or
organizations, not otherwise available through federal, state and local
governmental agencies, in carrying out its duties under this Act.
(4) Perform
other functions required to carry out this Act.
SECTION 11. Pursuant to the provisions of this Act, the
commission shall:
(1) Establish
state-wide planning goals consistent with regional, county and city concerns;
(2) Issue
permits for activities of state-wide significance;
(3) Prepare
inventories of land uses;
(4) Prepare
state-wide planning guidelines;
(5) Review
comprehensive plans for conformance with state-wide planning goals;
(6) Coordinate
planning efforts of state agencies to assure conformance with state-wide
planning goals and compatibility with city and county comprehensive plans;
(7) Insure
widespread citizen involvement and input in all phases of the process;
(8) Prepare
model zoning, subdivision and other ordinances and regulations to guide state
agencies, cities, counties and special districts in implementing state-wide
planning goals, particularly those for the areas listed in subsection (2) of
section 34 of this Act;
9) Review and
recommend to the Legislative Assembly the designation of areas of critical
state concern;
(10) Report
periodically to the Legislative Assembly and to the committee; and
(11) Perform
other duties required by law.
SECTION 12. If an interstate land conservation and development
planning agency is created by an interstate agreement or compact entered into
by this state, the commission shall perform the functions of this state with respect
to the agreement or compact. If the functions
of the interstate planning agency duplicate any of the functions of the
commission under this Act, the commission may:
(1) Negotiate
with the interstate agency in defining the areas of responsibility of the
commission and the interstate planning agency; and
(2) Cooperate
with the interstate planning agency in the performance of its functions.
SECTION 13. (1) The commission shall appoint a person to
serve as the Director of the Department of Land Conservation and Development. The director shall hold his office at the
pleasure of the commission and his salary shall be fixed by the commission
unless otherwise provided by law.
(2) In addition
to his salary, the director shall be reimbursed, subject to any applicable law
regulating travel and other expenses of state officers and employes,
for actual and necessary expenses incurred by him in the performance of his
official duties.
SECTION 14. Subject to policies adopted by the
commission, the director shall:
(1) Be the
administrative head of the department.
(2) Coordinate
the activities of the department in its land conservation and development
functions with such functions of federal agencies, other state agencies,
cities, counties and special districts.
(3) Appoint,
reappoint, assign and reassign all subordinate officers and employes
of the department, prescribe their duties and fix their compensation, subject
to the State Merit System Law.
(4) Represent
this state before any agency of this state, any other state or the United
States with respect to land conservation and development within this state.
SECTION 15. (1) There is established in the General Fund
in the State Treasury the Land Conservation and Development Account. Moneys in the account are continuously
appropriated for the purpose of carrying out the provisions of this Act.
(2) All fees,
moneys and other revenue received by the department or the committee shall be
deposited in the Land Conservation and Development Account.
OREGON COASTAL CONSERVATION AND
DEVELOPMENT COMMISSION
SECTION 16. (1) The Land Conservation and Development Commission,
by agreement with the Oregon Coastal Conservation and Development Commission created
by OHS 191.120, may delegate to the Oregon Coastal Conservation and Development
Commission any of the functions of the Land Conservation and Development
Commission. However, the Land
Conservation and Development Commission must review and grant approval prior to
any action taken by the Oregon Coastal Conservation and Development Commission
with respect to a delegated function.
(2) The Land
Conservation and Development Commission may provide staff and financial
assistance to the Oregon Coastal Conservation and Development Commission in
carrying out duties under this section.
CITIES AND COUNTIES
SECTION 17. Cities and counties shall exercise their
planning and zoning responsibilities in accordance with this Act and the
state-wide planning goals and guidelines approved under this Act.
SECTION 18. Pursuant to this Act, each city and county in
this state shall:
(1) Prepare and
adopt comprehensive plans consistent with state-wide planning goals and
guidelines approved by the commission; and
(2) Enact
zoning, subdivision and other ordinances or regulations to implement their
comprehensive plans.
SECTION 19. (1) In addition to the responsibilities
stated in sections 17 and 18 of this Act, each county through its governing
body, shall be responsible for coordinating all planning activities affecting
land uses within the county, including those of the county, cities, special
districts and state agencies, to assure an integrated comprehensive plan for
the entire area of the county. For
purposes of this subsection, the responsibility of the county described in this
subsection shall not apply to cities having a population of 300,000 or more,
and such cities shall exercise, within the incorporated limits thereof, the
authority vested in counties by this sub- section.
(2) For the
purposes of carrying out the provisions of this Act, counties may voluntarily
join together with adjacent counties as authorized in ORS chapter 190.
(3) Whenever
counties and cities representing 51 percent of the population in their area
petition the commission for an election in their area to form a regional
planning agency to exercise the authority of the counties under subsection (1)
of this section in the area, the commission shall review the petition. If it finds that the area described in the
petition forms a reasonable planning unit, it shall call an election in the
area to form a regional planning agency.
The election shall be conducted in the manner provided in ORS chapter
259. The county clerk shall be
considered the election officer and the commission shall be considered the
district election authority. The agency
shall be considered established if the majority of votes favor the establishment.
(4) If a
voluntary association of local governments adopts a resolution ratified by each
participating county and a majority of the participating cities therein which
authorizes the association to perform the review, advisory and coordination
functions assigned to the counties under subsection (1) of this section, the
association may perform such duties.
SPECIAL DISTRICTS AND STATE AGENCIES
SECTION 20. Special districts shall exercise their
planning duties, powers and responsibilities and take actions that are
authorized by law with respect to programs affecting land use in accordance
with state-wide planning goals and guidelines approved pursuant to this Act.
SECTION 21. State agencies shall carry out their planning
duties, powers and responsibilities and take actions that are authorized by law
with respect to programs affecting land use in accordance with state-wide
planning goals and guidelines approved pursuant to this Act.
JOINT LEGISLATIVE COMMITTEE ON LAND USE
SECTION 22. The Joint Legislative Committee on Land Use
is established as a joint committee of the Legislative Assembly. The committee shall select an executive
secretary who shall serve at the pleasure of the committee and under its
direction.
SECTION 23. (1) The Joint Legislative Committee on Land
Use shall consist of four members of the House of Representatives appointed by
the Speaker and three members of the Senate appointed by the President. No more than three House members of the
committee shall be of the same political party.
No more than two Senate members of the committee shall be of the same
political party.
(2) The
chairman of the House and Senate Environment and Land Use Committees of the
Fifty-seventh Legislative Assembly of the State of Oregon shall be two of the
members appointed under subsection (1) of this section for the period beginning
with the effective date of this Act.
(3) The
committee has a continuing existence and may meet, act and conduct its business
during sessions of the Legislative Assembly or any recess thereof, and in the
interim period between sessions.
(4) The term of
a member shall expire upon the convening of the Legislative Assembly in regular
session next following the commencement of the members term. When a Vacancy occurs in the membership of
the committee for the interim between sessions, until such vacancy is filled,
the membership of the committee shall be deemed not to include the vacant
Position for the purpose of determining whether a quorum is present and a
quorum is the majority of the remaining members.
(5) Members of
the committee shall be reimbursed for actual and necessary expenses incurred or
paid in the performance of their duties as members of the committee, such
reimbursement to be made from funds appropriated for such purposes, after
submission of approved voucher claims.
(6) The
committee shall select a chairman. The
chairman may, in addition to his other authorized duties, approve voucher
claims.
(7) Action of
the committee shall be taken only upon the affirmative vote of the majority of
the members of the committee.
SECTION 24. The committee shall:
(1) Advise the
department on all matters under the jurisdiction of the department;
(2) Review and
make recommendations to the Legislative Assembly on proposals for additions to
or modifications of designations of activities of state-wide significance, and
for designations of areas of critical state concern;
(3) Review and
make recommendations to the Legislative Assembly on state-wide planning goals
and guidelines approved by the commission;
(4) Study and
make recommendations to the Legislative Assembly on the implementation of a
program for compensation by the public to owners of lands within this state for
the value of any loss of use of such lands resulting directly from the
imposition of any zoning, subdivision or other ordinance or regulation
regulating or restricting the use of such lands. Such recommendations shall include, but not
be limited to, proposed methods for the valuation of such loss of use and
proposed limits, if any, to be imposed upon the amount of compensation to be
paid by the public for any such loss of use; and
(5) Make
recommendations to the Legislative Assembly on any other matter relating to
land use planning in Oregon.
PART III ACTIVITIES OF STATE-WIDE SIGNIFICANCE
DESIGNATION
SECTION 25. (1) The following activities may be
designated by the commission as activities of state-wide significance if the
commission determines that by their nature or magnitude they should be so
considered:
(a) The planning and siting of public
transportation facilities.
(b) The planning and siting of public
sewerage systems, water supply systems and solid waste disposal sites and
facilities.
(c) The planning and siting of public
schools.
(2) Nothing in
this Act supersedes any duty, power or responsibility vested by statute in any
state agency relating to its activities described in subsection (1) of this
section; except that, a state agency may neither implement any such activity
nor adopt any plan relating to such an activity without the prior review and
comment of the commission.
SECTION 26. (1) In addition to the activities of
state-wide significance that are designated by the commission under section 25
of this Act, the commission may recommend to the committee the designation of additional
activities of state-wide significance. Each
such recommendation shall specify the reasons for the proposed designation of
the activity of state- wide significance, the dangers that would result from
such activity being uncontrolled and the suggested state-wide planning goals
and guidelines to be applied for the proposed activity.
(2) The
commission may recommend to the committee the designation of areas of critical
state concern. Each such recommendation
shall specify the criteria developed and reasons for the proposed designation,
the damage that would result from uncontrolled development within the area, the
reasons for the implementation of state regulations for the proposed area and
the suggested state regulations to be applied within the proposed area.
(3) The
commission may act under subsections (1) and (2) of this section on its own
motion or upon the recommendation of a state agency, city, county or special
district. If the commission receives a
recommendation from a state agency, city, county or special district and finds
the proposed activity or area to be unsuitable for designation, it shall notify
the state agency, city, county or special district of its decision and its
reasons therefor.
(4) Immediately
following its decision to favorably recommend to the Legislative Assembly the
designation of an additional activity of state-wide significance or the
designation of an area of critical state concern, the commission shall submit
the proposed designation accompanied by the supporting materials described in
subsections (1) and (2) of this section to the committee for its review.
PERMITS FOR ACTIVITIES OF STATE-WIDE
SIGNIFICANCE
SECTION 27. (1) On and after the date the commission has
approved state-wide planning goals and guidelines for activities of state-wide
significance designated under section 25 of this Act, no proposed project
constituting such an activity may be initiated by any person or public agency
without a planning and siting permit issued by the commission therefor.
(2) Any person
or public agency desiring to initiate a project constituting an activity of
state-wide significance shall apply to the department for a planning and siting
permit for such project. The application
shall contain the plans for the project and the manner in which such project
has been designed to meet the goals and guidelines for activities of state-wide
significance and the comprehensive plans for the county within which the
project is proposed, and any other information required by the commission as
prescribed by rule of the commission.
(3) The
department shall transmit copies of the application to affected County and
state agencies for their review and recommendation.
(4) The county
governing body and the state agencies shall review an application transmitted
to it under subsection (3) of this section and shall, within 30 days after the
date of the receipt of the application, submit their recommendations on the
application to the commission.
(5) If the
commission finds after review of the application and the comments submitted by
the county governing body and state agencies that the proposed project complies
with the state-wide goals and guidelines for activities of state-wide
significance and the comprehensive plans within the County it shall approve the
application and issue a planning and siting Permit for the proposed project to
the person or public agency applying therefor. Action
shall be taken by the commission within 30 days of the receipt of the
recommendation of the county and state agencies.
(6) The
commission may prescribe and include in the planning and siting permit such
conditions or restrictions that it considers necessary to assure that the
proposed project complies with the state-wide goals and guidelines for
activities of state-wide significance and the comprehensive plans within the
county.
SECTION 28. If the activity requiring a planning and
siting permit under section 27 of this Act also requires any other permit from
any state agency, the commission, with the cooperation and concurrence of the
other agency, may provide a joint application form and permit to satisfy both
the requirements of this Act and any other requirements set by statute or by
rule of the state agency.
SECTION 29. (1) If any person or public agency is in
doubt whether a proposed development project constitutes an activity of
state-wide significance, the person or public agency may request a
determination from the commission on the question. Within 60 days after the date of the receipt
by it of such a request, the commission, with the advice of the committee and
of the county governing body for the county in which such activity is proposed,
shall issue a binding letter of interpretation with respect to the proposed
project.
(2) Requests
for determinations under this section shall be made to the commission in
writing and in such form and contain such information as may be prescribed by
the commission.
SECTION 30. (1) No project constituting an activity of
state-wide significance shall be undertaken without a planning and siting
permit is sued under section 27 of this Act.
(2) Any person
or agency acting in violation of subsection (1) of this section may be enjoined
in civil proceedings brought in the name of the county or the State of Oregon.
SECTION 31. If the county governing body or the
commission determines the existence of an alleged violation under section 30 of
this Act, it may:
(1)
Investigate, hold hearings, enter orders and take action that it deems
appropriate under this Act, as soon as possible.
(2) For the
purpose of investigating conditions relating to the violation, through its
members or its duly authorized representatives, enter at reasonable times upon
any private or public property.
(3) Conduct
public hearings.
(4) Publish its
findings and recommendations as they are formulated relative to the violation.
(5) Give notice
of any order relating to a particular violation of its state-wide goals, a
particular violation of the terms or conditions of a planning and siting permit
or a particular violation of the provisions of the Act by mailing notice to the
person or public body conducting or proposing to conduct the project affected
in the manner provided by ORS chapter 18.
PART IV STATE-WIDE PLANNING GOALS AND
GUIDELINES
SECTION 32. All comprehensive plans and any zoning,
subdivision and other ordinances and regulations adopted by a state agency,
city, county or special district to carry out such plans shall be in conformity
with the state planning goals within one year from the date such goals are approved
by the commission.
SECTION 33. Not later than January 1, 1975, the
department shall prepare and the commission shall adopt state-wide planning
goals and guidelines for use by state agencies, cities, counties and special
districts in preparing, adopting, revising and implementing existing and future
comprehensive plans.
SECTION 34. In preparing and adopting state-wide planning
goals and guidelines, the department and the commission shall:
(1) Consider
the existing comprehensive plans of state agencies, cities, counties and
special districts in order to preserve functional and local aspects of land
conservation and development.
(2) Give
priority consideration to the following areas and activities:
(a) Those activities listed in section 25 of
this Act;
(b) Lands adjacent to freeway interchanges;
(c) Estuarine areas;
(d) Tide, marsh and wetland areas;
(e) Lakes and lakeshore areas;
(f) Wilderness, recreational and outstanding
scenic areas;
(g) Beaches, dunes, coastal headlands and
related areas;
(h) Wild and scenic rivers and related
lands;
(i) Flood plains
and areas of geologic hazard;
(j) Unique wildlife habitats; and
(k) Agricultural land.
SECTION 35. To assure widespread citizen involvement in
all phases of the planning process:
(1) The
commission shall appoint a State Citizen Involvement Advisory Committee,
broadly representative of geographic areas of the state and of interests
relating to land uses and land use decisions, to develop a program for the
commission that promotes and enhances public participation in the development
of state-wide planning goals and guidelines.
(2) Within 90
days after the effective date of this Act, each county governing body shall
submit to the commission a program for citizen involvement in preparing,
adopting and revising comprehensive plans within the County. Such program shall at least contain provision
for a citizen advisory committee or committees broadly representative of
geographic areas and of interests relating to land uses and land use decisions.
(3) The state advisory
committee appointed under subsection (1) of this section shall review the
proposed programs submitted by each county and recommend to the commission
whether or not the proposed program adequately provides for public involvement in the
planning process.
SECTION 36. (1) In preparing the state-wide planning
goals and guidelines, the department shall:
(a) Hold at least 10 public hearings
throughout the state, causing notice of the time, place and purpose of each
such hearing to be published in a newspaper of general circulation within the
area where the hearing is to be conducted not later than 30 days prior to the
date of the hearing.
(b) Implement any other provision for public
involvement developed by the state advisory committee under subsection (1) of
section 35 of this Act and approved by the commission.
(2) Upon completion of the preparation of the proposed
state-wide planning goals and guidelines, the department shall submit them to
the commission for approval.
SECTION 37. Upon receipt of the proposed state-wide
planning goals and guidelines prepared and submitted to it by the department,
the com mission shall:
(1) Hold at
least one public hearing on the proposed state-wide planning goals and
guidelines. The commission shall cause
notice of the time, place and purpose of the hearings and the place where
copies of the proposed goals and guidelines are available before the hearings
with the cost thereof to be published in a newspaper of general circulation in
the state not later than 30 days prior to the date of the hearing. The department shall supply a copy of its
proposed state-wide planning goals and guide lines to the Governor, the
committee, affected state agencies and special districts and to each city and
county without charge. The department
shall provide copies of such proposed goals and guidelines to other public
agencies or persons upon request and payment of the cost of preparing the
copies of the materials requested.
(2) Consider
the recommendations and comments received from the public hearings conducted
under subsection (1) of this section, make any revisions in the proposed
state-wide planning goals and guidelines that it considers necessary and
approve the proposed goals and guidelines as they may be revised by the
commission.
SECTION 38. The commission may periodically revise,
update and expand the initial state-wide planning goals and guidelines adopted
under section 37 of this Act. Such
revisions, updatings or expansions shall be made in
the manner provided in sections 36 and 37 of this Act.
SECTION 39. Following the approval by the commission of
state-wide planning goals and guidelines, each county governing body shall
review all comprehensive plans for land conservation and development within the
county, both those adopted and those being prepared. The county governing body shall advise the
state agency, city, county or special district preparing the comprehensive
plans whether or not the comprehensive plans are in conformity with the
state-wide planning goals.
PART V COMPREHENSIVE PLANS
SECTION 40. Comprehensive plans and zoning, subdivision,
and other ordinances and regulations adopted prior to the effective date of
this Act shall remain in effect until revised under this Act. It is intended that existing planning efforts
and activities shall continue and that such efforts be utilized in achieving
the purposes of this Act.
SECTION 41. Prior to approval by the commission of its
state-wide planning goals and guidelines under section 37 of this Act, the
goals listed in ORS 215.515 shall be applied by state agencies, cities,
counties and special districts in the preparation, revision, adoption or
implementation of any comprehensive plan.
SECTION 42. Each city or county shall prepare and the
city council or the county governing body shall adopt the comprehensive plans
required under this Act or by any other law in accordance with section 41 of
this Act for those plans adopted prior to the expiration of one year following
the date the commission approves its state-wide planning goals and guide lines
under section 37 of this Act. Plans
adopted by cities and counties after the expiration of one year following the
date of approval of such goals and guidelines by the commission shall be
designed to comply with such goals and any subsequent amendments thereto.
Section 43. ORS 215.055 is amended to read:
215.055. (1) [The] Any
comprehensive plan [ and all
legislation and regulations] and all
zoning, subdivision or other ordinances and regulations authorized by ORS
215.010 to 215.233 and adopted prior to
the expiration of one year following the date of the approval of state-wide
planning goals and guidelines under section 37 of this 1973 Act shall be
designed to promote the public health, safety and general welfare and shall be
based on the following considerations, among others: The various
characteristics of the various areas in the county, the suitability of the
areas for particular land uses and improvements, the land uses and improvements
in areas, trends in land improvement, density of development, property values,
the needs of economic enterprises in the future development of the areas,
needed access to particular sites in the areas, natural resources of the county
and prospective needs for development thereof, and the public need for
healthful, safe, aesthetic surroundings and conditions.
(2) Any plan and all zoning, subdivision or
other ordinances and regulations authorized by ORS 215.010 to 215.233 and
adopted after the expiration of one year after the date of the approval of state-wide
planning goals and guidelines under section 37 of this 1973 Act shall be
designed to comply with such state-wide planning goals and any subsequent
revisions or amendments thereof.
[(2)] (3) In order to conserve natural resources of the state, any land use
plan or zoning, subdivision or other ordinance adopted by a county shall take into
consideration lands that are, can or should be utilized for sources or processing
of mineral aggregates.
SECTION 44. Upon the expiration of one
year after the date of the approval of state-wide planning goals and guidelines
and annually there after, each county governing body shall report to the
commission on the status of comprehensive plans within each county. Each such report shall include:
(1) Copies of
comprehensive plans reviewed by the county governing body and copies of zoning
and subdivision ordinances and regulations applied to those areas within the
county listed in subsection (2) of section 34 of this Act.
(2) For those
areas or jurisdictions within the county without comprehensive plans, a
statement and review of the progress made toward compliance with the state-wide
planning goals.
SECTION 45. (1) Notwithstanding any other provision of
law, after the expiration of one year after the date of the approval of the
initial state wide planning goals and guidelines under section 37 of this Act,
upon 90 days notice to the affected governing body or bodies, and upon public
hearings held within 30 days thereafter, the commission shall prescribe and may
amend and administer comprehensive plans and zoning, subdivision or other
ordinances and regulations necessary to develop and implement a comprehensive
plan within the boundaries of a county, whether or not within the boundaries of
a city, that do not comply with the state-wide planning goals approved under
this Act and any subsequent revisions or amendments thereof.
(2) If the city
or county has under consideration a comprehensive plan or zoning, subdivision
or other ordinances or regulations for lands described in subsection (1) of
this section, and shows satisfactory progress toward the adoption of such
comprehensive plan or such ordinances or regulations, the commission may grant
a reasonable extension of time after the date set in this section for
completion of such plan or such ordinances or regulations.
(3) Any
comprehensive plan or zoning, subdivision or other ordinance or regulation
adopted by the commission under subsection (1) of this section shall comply
with the state-wide planning goals approved under this Act and all subsequent
revisions or amendments thereof.
SECTION 46. (1) There is transferred to and vested in the
commission those duties, powers and functions vested in the Governor by ORS
215.505 to 215.535. After the effective
date of this Act, the commission shall exercise such duties, powers and
functions.
(2) For the
purpose of harmonizing and clarifying Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Governor, where such words
occur in ORS 215.505 to 215.535, words designating the Land Conservation and
Development Commission.
Section 47. ORS 215.510 is amended to read:
215.510. (1)
Any comprehensive [land use plans] plan for any city or county prescribed
or amended by the [Governor] commission pursuant to ORS 215.505 or section 45 of this 1973 Act shall be
in accordance with the standards provided in ORS 215.515 and the notice and
hearing re quirem&1ts provided in ORS 2 15.060.
(2) Any zoning,
subdivision or other ordinances and
regulations for any city or county prescribed
or amended by the [Governor] commission pursuant to ORS 215.505 or section 45 of this 1973 Act shall be
in accordance with the standards provided in ORS 215.055 and the notice and
hearing requirements provided in ORS 215.223.
(3) A comprehensive
[land use] plan or zoning, subdivision or other ordinance or
regulation for any city or county
prescribed or amended by the [Governor]
commission pursuant to ORS 215.505 or section 45 of this 1973 Act may be
for any purpose provided in ORS 215.010 to 215.233 and subsections (1) and (2)
of 215.990, except that the [Governor]
commission
may not prescribe building regulations. The
[Governor] commission may, however, cause to be instituted an appropriate
proceeding to enjoin the construction of buildings or performance of any other
acts which would constitute a land use that does not conform to the applicable
[land use] comprehensive plan or zoning, subdivision
or other ordinance or regulation.
(4) Any
hearings required by this section may be held by the [Governor] commission, or
by a person designated by the [Governor]
commission, and all such hearings
shall be held in the county seat of the county or in the city in which said comprehensive [land use] plan or zoning, subdivision
or other ordinance or regulation is to be prescribed.
Section 48. ORS 215.515 is amended to read:
215.515. (1) Comprehensive physical planning, adopted by the commission prior to the
expiration of one year following the date of the approval of state-wide
planning goals and guidelines under section 37 of this 1973 Act, should
provide guidance for physical development within the state responsive to
economic development, human resource development, natural resource development
and regional and metropolitan area development.
It should assist in attainment of the optimum living environment for the
states citizenry and assure sound housing, employment opportunities,
educational fulfillment and sound health facilities. State plans should relate to intermediate and
long-range growth objectives. The plans
should set a pattern upon which state agencies and local government may base
their programs and local area plans. Goals
for comprehensive physical planning are:
[(1)] (a) To preserve the quality of the air [and], water and land resources
of the state.
[(2)] (b) To conserve open space and protect natural and scenic resources.
[(3)] (c) To provide for the recreational needs of citizens of the state
and Visitors
[(4)] (d) To conserve prime farm lands for the production of crops [and].
(e) To provide for an orderly and
efficient transition from rural to urban land use.
[(5)] (f) To protect life and property in areas subject to floods,
landslides and other natural disasters.
[(6)] (g) To provide and encourage a safe, convenient and economic
transportation system including all modes of transportation: Air, water, rail,
highway and mass transit, and recognizing differences in the social costs in
the various modes of transportation.
[(7)] (h) To develop a timely, orderly and efficient arrangement of
public facilities and services to serve as a framework for urban and rural
development.
[(8)] (i) To diversify and improve the economy
of the state.
[(9)] (j) To ensure that the development of properties within the state
is commensurate with the character and the physical limitations of the land.
(2) Comprehensive plans adopted by the
commission after the expiration of one year after the date of the approval of
state-wide planning goals and guidelines under section 37 of this 1973 Act
shall be designed to comply with such state-wide planning goals and any
subsequent revisions or amendments thereof.
Section 49. OHS 215.535 is amended to read:
215.535. In
addition to the remedy prescribed in subsection (3) of ORS 215.510, the [Governor] commission may cause to be instituted any civil action or suit [he] it
considers appropriate to remedy violations of any comprehensive [land use] plan or zoning, subdivision or other ordinance or regulation
prescribed by the [Governor] commission pursuant to ORS 215.505 or section 45 of this 1973 Act.
SECTION 50. (1) Whenever the commission prescribes a
comprehensive plan or zoning, subdivision or other ordinances or regulations
for lands described in subsection (1) of section 45 of this Act, the costs
incurred by the commission and the department in the preparation and
administration of such plan or ordinances or regulations shall be borne by the
city or county for which the commission has proposed such plan or ordinances or
regulations. Upon presentation by the
commission to the governing body of the city or county of a certified, itemized
statement of costs, the governing body shall order payment to the commission
out of any available funds. With respect
to a city or county, if no payment is made by the governing body within 30 days
thereafter, the commission shall submit to the Secretary of State its
certified, itemized statement of such costs and the commission shall be
reimbursed upon the order of the Secretary of State to the State Treasurer,
from the citys or countys share of the states cigarette and liquor revenues.
(2) Within 10
days of receipt of the certified, itemized statement of costs under subsection
(1) of this section, any city or county aggrieved by the statement may appeal
to the Court of Appeals. The appeal
shall be taken as from a contested case under ORS 183.480. Notice of the appeal shall operate as a stay
in the commissioners right to reimbursement under subsection (1) of this
section until the decision is made on the appeal.
PART VI APPEALS
SECTION 51. (1) In the manner provided in sections 52 to
54 of this Act, the commission shall review upon:
(a) Petition by
a county governing body, a comprehensive plan provision or any zoning,
subdivision or other ordinance or regulation adopted by a state agency, city,
county or special district that the governing body considers to be in conflict
with state-wide planning goals approved under section 37 of this Act or interim
goals specified in ORS 215.515.
(b) Petition by
a city or county governing body, a land conservation and development action
taken by a state agency, city, county or special district that the governing
body considers to be in conflict with state-wide planning goals approved under
section 37 of this Act or interim goals specified in ORS 215.515.
(c) Petition by
a state agency, city, county or special district, any county governing body
action that the state agency, city, county or special district considers to be
improperly taken or outside the scope of the governing bodys authority under
this Act.
(d) Petition by
any person or group of persons whose interests are substantially affected, a
comprehensive plan provision or any zoning, sub division or other ordinance or
regulation alleged to be in violation of state-wide planning goals approved
under section 37 of this Act or interim goals specified in ORS 215.515.
(2) A petition
filed with the commission pursuant to subsection (1) of this section must be
filed not later than 60 days (excluding Saturdays and holidays) after the date
of the final adoption or approval of the action or comprehensive plan upon
which the petition is based.
SECTION 52. (1) All review proceedings conducted by the
commission pursuant to section 51 of this Act shall be based on the
administrative record, if any, prepared with respect to the proceedings for the
adoption or approval of the comprehensive plan provision or action that is the
subject of the review proceeding.
(2) The
commission shall adopt such rules, procedures and regulations for the conduct
of review proceedings held pursuant to section 51 of this Act, in accordance
with the provisions of ORS 183.310 to 183.500 for hearings and notice in
contested cases.
(3) A city
county, state agency, special district or any person or group of persons whose
interests are substantially affected may intervene in and be made a party to
any review proceeding conducted by the commission with the approval of the
commission, upon the request of the hearings officer appointed to conduct such
proceeding or upon the approval by the hearings officer of a request by such
agency, person or group of persons for intervention in the review proceeding.
SECTION 53. (1) In carrying out its duties under section
51 of this Act, the chairman of the commission shall assign each petition to be
reviewed by the commission to a hearings officer who shall conduct the review
proceeding.
(2) A hearings
officer shall conduct a review proceeding in accordance with the rules,
procedures and regulations adopted by the commission. Upon the conclusion of a hearing, the
hearings officer shall promptly determine the matter, prepare a recommendation
for commission action upon the matter and submit a copy of his recommendation
to the commission and to each party to the proceeding.
(3) The
commission shall review the recommendation of the hearings officer and the
record of the proceeding and issue its order with respect to the review
proceeding within 60 days following the date of the filing of the petition upon
which such review proceeding is based. The
commission may adopt, reject or amend the recommendation of the hearings
officer in any matter.
(4) No order of
the commission issued under subsection (3) of this section is valid unless all
members of the commission have received the recommendation of the hearings
officer in the matter and at least four members of the commission concur in its
action in the matter.
(5) Any party
to a review proceeding before the commission who is adversely affected or
aggrieved by the order issued by the commission in the matter may appeal the
order of the commission in the manner provided in ORS 183.480 for appeals from
final orders in contested cases.
(6) The
commission may enforce orders issued under subsection (3) of this section in
appropriate judicial proceedings brought by the commission therefor.
SECTION 54. (1) If, upon its review of the recommendation
of a hearings officer and the record of the review proceeding prepared
following a review proceeding before the commission, the commission is unable
to reach a decision in the matter without further information or evidence not
contained in the record of the proceeding, it may refer the matter back to the
hearings officer and request that the additional information or evidence be
acquired by him or that he correct any errors or deficiencies found by the
commission to exist in his recommendation or record of the proceeding.
(2) In case of
a referral of a matter back to the hearings officer pursuant to subsection (1)
of this section, the 60-day period referred to in subsection (3) of section 53
of this Act is suspended for a reasonable interval not to exceed 60 days.
PART VII LEGISLATIVE REVIEW
SECTION 55. The department shall report monthly to the
committee in order to keep the committee informed on progress made by the
department, commission, counties and other agencies in carrying out the
provisions of this Act.
SECTION 56. (1) Prior to the end of each even-numbered
year, the department shall prepare a written report for submission to the
Legislative Assembly of the State of Oregon describing activities and
accomplishments of the department, commission, state agencies, cities, counties
and special districts in carrying out the provisions of this Act.
(2) A draft of
the report required by subsection (1) of this section shall be submitted to the
committee for its review and comment at least 60 days prior to submission of
the report to the Legislative Assembly. Comments
of the committee shall be incorporated into the final report.
(3) Goals and
guidelines adopted by the commission shall be included in the report to the
Legislative Assembly submitted under subsection (1) of this section.
PART VIII MISCELLANEOUS
Section 57. ORS 453.345 is amended to read:
453.345. (1)
Applications for site certificates shall be made to the Nuclear and Thermal
Energy Council on a form prescribed by the council and accompanied by the fee
required by ORS 453.405. The application
may be filed not sooner than 12 months after filing of the notice of intent.
(2) Proposed
use of a site within an area designated by the council as suitable for location
of thermal power plants or nuclear installations does not preclude the
necessity of the applicant obtaining a site certificate for the specific site.
(3) Copies of
the notice of intent and of the application shall be sent for comment and
recommendation within specified deadlines established by the council to the
Department of Environmental Quality, the State Water Resources Board, the Fish
Commission of the State of Oregon the State Game Commission, the State Board of
Health, the State Engineer, the State Geologist, the State Forestry Department,
the Public Utility Commissioner of Oregon, the State Department of Agriculture,
the Department of Transportation, the
Department of Land Conservation and Development and the Economic
Development Division.
SECTION 58. The part designations and unit captions used
in this Act are provided only for the convenience of locating provisions of
this Act, and are not part of the statutory law of this state.
Approved by the Governor May 29,
1973.
Filed in the office of Secretary
of State May 29, 1973.
Transcription of Senate Bill 100
from Oregon Laws and Resolutions: Enacted
and Adopted by the Regular Session of the Fifty-seventh Legislative Assembly
Beginning January 8 and Ending July 6 1973.
Salem, Oregon: Oregon Legislative Assembly.