Deadline for final action by county on remand of land use decision
- • exception
(1) Pursuant to a final order of the Land Use Board of Appeals under ORS 197.830 (Review procedures) remanding a decision to a county, the governing body of the county or its designee shall take final action on an application for a permit, limited land use decision or zone change within 90 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 90-day period established under this subsection shall not begin until final resolution of the judicial review.
(2)(a) In addition to the requirements of subsection (1) of this section, the 90-day period established under subsection (1) of this section shall not begin until the applicant requests in writing that the county proceed with the application on remand.
(b) The 90-day period may be extended for a reasonable period of time at the request of the applicant.
(3) The 90-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 county.
(4) Subsection (1) of this section does not apply to a remand proceeding concerning an amendment to an acknowledged comprehensive plan or land use regulation or the adoption of a new land use regulation that was forwarded to the Director of the Department of Land Conservation and Development under ORS 197.610 (Local government notice of proposed amendment or new regulation). [1999 c.545 §2]
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