ORS 227.181
Final action required within 120 days following remand of land use decision


(1)

Pursuant to a final order of the Land Use Board of Appeals under ORS 197.830 (Review procedures) remanding a decision to a city, the governing body of the city or its designee shall take final action on an application for a permit, limited land use decision or zone change within 120 days of the effective date of the final order issued by the board. For purposes of this subsection, the effective date of the final order is the last day for filing a petition for judicial review of a final order of the board under ORS 197.850 (Judicial review of board order) (3). If judicial review of a final order of the board is sought under ORS 197.830 (Review procedures), the 120-day period established under this subsection shall not begin until final resolution of the judicial review.

(2)

Intentionally left blank —Ed.

(a)

In addition to the requirements of subsection (1) of this section, the 120-day period established under subsection (1) of this section shall not begin until the applicant requests in writing that the city proceed with the application on remand, but if the city does not receive the request within 180 days of the effective date of the final order or the final resolution of the judicial review, the city shall deem the application terminated.

(b)

The 120-day period established under subsection (1) of this section may be extended for up to an additional 365 days if the parties enter into mediation as provided by ORS 197.860 (Stay of proceedings to allow mediation) prior to the expiration of the initial 120-day period. The city shall deem the application terminated if the matter is not resolved through mediation prior to the expiration of the 365-day extension.

(3)

The 120-day period established under subsection (1) of this section applies only to decisions wholly within the authority and control of the governing body of the city.

(4)

Subsection (1) of this section does not apply to a remand proceeding concerning a decision of the city making a change to an acknowledged comprehensive plan or a land use regulation that is submitted to the Director of the Department of Land Conservation and Development under ORS 197.610 (Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development). [1999 c.545 §5; 2011 c.280 §13; 2015 c.522 §3]

Source: Section 227.181 — Final action required within 120 days following remand of land use decision, https://www.­oregonlegislature.­gov/bills_laws/ors/ors227.­html.

227.010
Definition for ORS 227.030 to 227.300
227.020
Authority to create planning commission
227.030
Membership
227.090
Powers and duties of commission
227.095
Definitions for ORS 227.100 and 227.110
227.100
Submission of plats for subdivisions and plans for street alterations and public buildings to commission
227.110
City approval prior to recording of subdivision plats and plats or deeds dedicating land to public use within six miles of city
227.120
Procedure and approval for renaming streets
227.160
Definitions for ORS 227.160 to 227.186
227.165
Planning and zoning hearings officers
227.170
Hearing procedure
227.172
Siting casino in incorporated city
227.173
Basis for decision on permit application or expedited land division
227.175
Application for permit or zone change
227.178
Final action on certain applications required within 120 days
227.179
Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days
227.180
Review of action on permit application
227.181
Final action required within 120 days following remand of land use decision
227.182
Petition for writ of mandamus authorized when city fails to take final action within 120 days of remand of land use decision
227.184
Supplemental application for remaining permitted uses following denial of initial application
227.185
Transmission tower
227.186
Notice to property owners of hearing on certain zone change
227.187
Public sale of copies of city comprehensive plan and land use regulations
227.188
Amendments to city comprehensive plan map
227.190
Solar access ordinances
227.195
Effect of land use regulations and comprehensive plans
227.215
Regulation of development
227.280
Enforcement of development legislation
227.283
Regulations applicable to resumption of nonconforming uses
227.286
Regulations applicable to public property
227.290
Building setback lines established by city council
227.300
Use of eminent domain power to establish setback lines
227.320
City program for demolition of residences or residential buildings
227.350
Notice of proposed wetlands development
227.400
Truck routes
227.450
Recycling containers
227.455
Clustered mailboxes in city streets and rights-of-way
227.500
Use of real property for religious activity
227.505
Solar energy systems on residential and commercial structures
227.600
Land use approval preapplication review
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