Jurisdiction of board
- • limitations
- • effect on circuit court jurisdiction
(1) Except as provided in ORS 197.320 (Power of commission to order compliance with goals and plans) and subsections (2) and (3) of this section, the Land Use Board of Appeals shall have exclusive jurisdiction to review any land use decision or limited land use decision of a local government, special district or a state agency in the manner provided in ORS 197.830 (Review procedures) to 197.845 (Stay of decision being reviewed).
(2) The jurisdiction of the board:
(a) Is limited to those cases in which the petitioner has exhausted all remedies available by right before petitioning the board for review;
(b) Is subject to the provisions of ORS 197.850 (Judicial review of board order) relating to judicial review by the Court of Appeals;
(c) Does not include a local government decision that is:
(A) Submitted to the Department of Land Conservation and Development for acknowledgment under ORS 197.251 (Compliance acknowledgment), 197.626 (Expanding urban growth boundary or designating urban or rural reserves subject to periodic review) or 197.628 (Periodic review) to 197.650 (Appeal to Court of Appeals) or a matter arising out of a local government decision submitted to the department for acknowledgment, unless the Director of the Department of Land Conservation and Development, in the director’s sole discretion, transfers the matter to the board; or
(B) Subject to the review authority of the department under ORS 197.430 (Enforcement powers), 197.445 (Destination resort criteria), 197.450 (Siting without taking goal exception) or 197.455 (Siting of destination resorts) or a matter related to a local government decision subject to the review authority of the department under ORS 197.430 (Enforcement powers), 197.445 (Destination resort criteria), 197.450 (Siting without taking goal exception) or 197.455 (Siting of destination resorts);
(d) Does not include those land use decisions of a state agency over which the Court of Appeals has jurisdiction for initial judicial review under ORS 183.400 (Judicial determination of validity of rule), 183.482 (Jurisdiction for review of contested cases) or other statutory provisions;
(e) Does not include any rules, programs, decisions, determinations or activities carried out under ORS 527.610 (Short title) to 527.770 (Good faith compliance with best management practices not violation of water quality standards), 527.990 (Criminal penalties) (1) and 527.992 (Civil penalties);
(f) Is subject to ORS 196.115 (Appeal from decision of Columbia River Gorge Commission or county) for any county land use decision that may be reviewed by the Columbia River Gorge Commission pursuant to sections 10(c) or 15(a)(2) of the Columbia River Gorge National Scenic Area Act, P.L. 99-663; and
(g) Does not include review of expedited land divisions under ORS 197.360 ("Expedited land division" defined).
(3) Notwithstanding subsection (1) of this section, the circuit courts of this state retain jurisdiction:
(a) To grant declaratory, injunctive or mandatory relief in proceedings arising from decisions described in ORS 197.015 (Definitions for ORS chapters 195, 196 and 197) (10)(b) or proceedings brought to enforce the provisions of an adopted comprehensive plan or land use regulations; and
(b) To enforce orders of the board in appropriate proceedings brought by the board or a party to the board proceeding resulting in the order. [1983 c.827 §30; 1987 c.729 §14; 1987 c.856 §9; 1987 c.919 §4; 1989 c.761 §11; 1991 c.817 §4; 1995 c.595 §26; 1999 c.348 §16; 2005 c.22 §146; 2005 c.245 §1; 2005 c.829 §10; 2007 c.354 §30]
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.