2017 ORS 466.385¹
Amendment of comprehensive plan and land use regulations
  • model language
  • appeal of land use decision related to site requiring notice

(1) By the first periodic review after development of model language under subsection (2) of this section, the governing body of a city or county shall amend its comprehensive plan and land use regulations as provided in ORS 197.610 (Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development) to 197.651 (Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission) to establish and implement policies regarding potentially hazardous environmental conditions on sites listed under ORS 466.365 (Commission authority to establish sites for which notice is required). The land use regulations shall provide that:

(a) The city or county shall not approve any proposed use of a disposal site for which the city or county has received notice under ORS 466.370 (Notice to owner) until the Department of Environmental Quality has been notified and provided the city or county with comments on the proposed use; and

(b) Within 120 days of receipt of an environmental hazard notice from the Department of Environmental Quality, the city or county shall amend its zoning maps to identify the disposal site.

(2) The Department of Environmental Quality and the Department of Land Conservation and Development shall:

(a) Develop model language for comprehensive plans and land use regulations for use by cities and counties in complying with this section; and

(b) Provide technical assistance to cities and counties in complying with ORS 466.360 (Policy) to 466.385 (Amendment of comprehensive plan and land use regulations).

(3) The Department of Environmental Quality may appeal to the Land Use Board of Appeals any final land use decision or limited land use decision made by a city or county regarding any proposed use of a disposal site that has been identified under its comprehensive plan and land use regulations pursuant to this section. [1985 c.273 §7; 1991 c.612 §22; 1991 c.817 §30; 2001 c.672 §12]

Chapter 466

Law Review Cita­tions

29 WLR 297 (1993)

1 Legislative Counsel Committee, CHAPTER 466—Hazardous Waste and Hazardous Materials Ii, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors466.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 466, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano466.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.