Local government notice of proposed amendment or new regulation
- • exceptions
- • report to commission
(1) A proposal to amend a local government acknowledged comprehensive plan or land use regulation or to adopt a new land use regulation shall be forwarded to the Director of the Department of Land Conservation and Development at least 45 days before the first evidentiary hearing on adoption. The proposal forwarded shall contain the text and any supplemental information that the local government believes is necessary to inform the director as to the effect of the proposal. The notice shall include the date set for the first evidentiary hearing. The director shall notify persons who have requested notice that the proposal is pending.
(2) When a local government determines that the goals do not apply to a particular proposed amendment or new regulation, notice under subsection (1) of this section is not required. In addition, a local government may submit an amendment or new regulation with less than 45 days’ notice if the local government determines that there are emergency circumstances requiring expedited review. In both cases:
(a) The amendment or new regulation shall be submitted after adoption as provided in ORS 197.615 (Local government notice of adopted amendment or new regulation) (1) and (2); and
(b) Notwithstanding the requirements of ORS 197.830 (Review procedures) (2), the director or any other person may appeal the decision to the board under ORS 197.830 (Review procedures) to 197.845 (Stay of decision being reviewed).
(3) When the Department of Land Conservation and Development participates in a local government proceeding, at least 15 days before the final hearing on the proposed amendment to the comprehensive plan or land use regulation or the new land use regulation, the department shall notify the local government of:
(a) Any concerns the department has concerning the proposal; and
(b) Advisory recommendations on actions the department considers necessary to address the concerns, including, but not limited to, suggested corrections to achieve compliance with the goals.
(4) The director shall report to the Land Conservation and Development Commission on whether the director:
(a) Believes the local government’s proposal violates the goals; and
(b) Is participating in the local government proceeding. [1981 c.748 §4; 1983 c.827 §7; 1985 c.565 §27; 1989 c.761 §20; 1999 c.622 §1]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.