Title 197 · ORS Chapter 197

unless the statute or rule is effective within 90 days of enactment or

Citation: ORS 197.175

Section: 197.175

197.175 unless the statute or rule is effective within 90 days of enactment or adoption, in which case the department shall cause the notice to be mailed not later than 30 days after the statute or rule is effective.

�� (7) The notice required in subsection (6) of this section must:

�� (a) Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:

______________________________________________________________________________

�� (Check on the appropriate line:)

�� _____This is to notify you that the Land Conservation and Development Commission has adopted an administrative rule that may affect the permissible uses of properties in your jurisdiction; or

�� _____This is to notify you that the Legislative Assembly has enacted a land use planning statute that may affect the permissible uses of properties in your jurisdiction.

______________________________________________________________________________

�� (b) Contain substantially the following language in the body of the notice:

______________________________________________________________________________

�� (Check on the appropriate line:)

�� _____On (date of rule adoption), the Land Conservation and Development Commission adopted administrative rule (number). The commission has determined that this rule may change the zoning classification of properties in your jurisdiction or may limit or prohibit land uses previously allowed on properties in your jurisdiction.

�� Rule (number) is available for inspection at the Department of Land Conservation and Development located at (address). A copy of the rule (number) also is available for purchase at a cost of $_____.

�� For additional information, contact the Department of Land Conservation and Development at (telephone number); or

�� _____On (date of enactment) the Legislative Assembly enacted (House/Senate bill number). The Department of Land Conservation and Development has determined that enactment of (House/Senate bill number) may change the zoning classification of properties in your jurisdiction or may limit or prohibit land uses previously allowed on properties in your jurisdiction.

�� A copy of (House/Senate bill number) is available for inspection at the Department of Land Conservation and Development located at (address). A copy of (House/Senate bill number) also is available for purchase at a cost of $_____.

�� For additional information, contact the Department of Land Conservation and Development at (telephone number).

______________________________________________________________________________

�� (8) A local government that receives notice under subsection (6) of this section shall cause a copy of the notice set forth in subsection (9) of this section to be mailed to every owner of real property that will be rezoned as a result of adoption of the rule or enactment of the statute, unless notification was provided pursuant to subsection (4) of this section. The local government shall mail the notice to an owner under this subsection at least 45 days prior to the effective date of the rule or statute unless the statute or rule is effective within 90 days of enactment or adoption, in which case the local government shall mail the notice to an owner under this subsection not later than 30 days after the local government receives notice under subsection (6) of this section.

�� (9) The notice required in subsection (8) of this section must:

�� (a) Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:

______________________________________________________________________________

�� (Check on the appropriate line:)

�� _____This is to notify you that the Land Conservation and Development Commission has adopted an administrative rule that may affect the permissible uses of your property and other properties; or

�� _____This is to notify you that the Legislative Assembly has enacted a land use planning statute that may affect the permissible uses of your property and other properties.

______________________________________________________________________________

�� (b) Contain substantially the following language in the body of the notice:

______________________________________________________________________________

�� (Check on the appropriate line:)

�� _____On (date of rule adoption), the Land Conservation and Development Commission adopted administrative rule (number). The rule may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.

�� For additional information, contact the Department of Land Conservation and Development at (telephone number); or

�� _____On (date of enactment) the Legislative Assembly enacted (House/Senate bill number). The Department of Land Conservation and Development has determined that enactment of (House/Senate bill number) may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.

�� For additional information, contact the Department of Land Conservation and Development at (telephone number).

______________________________________________________________________________

�� (10) The provisions of this section apply to all statutes and administrative rules of the Land Conservation and Development Commission that limit or prohibit otherwise permissible land uses or cause a local government to rezone property. For purposes of this section, property is rezoned when the statute or administrative rule causes a local government to:

�� (a) Change the base zoning classification of the property; or

�� (b) Adopt or amend an ordinance in a manner that limits or prohibits land uses previously allowed in the affected zone.

�� (11) The Department of Land Conservation and Development shall reimburse the local government for:

�� (a) The actual costs incurred responding to questions from the public related to a proposed new or amended administrative rule of the Land Conservation and Development Commission and to notice of the proposed rule; and

�� (b) All usual and reasonable costs of providing the notices required under subsection (4) or (8) of this section. [1999 c.1 �5; 2003 c.668 �1]

�� 197.050 Interstate agreements and compacts; commission powers. Except as provided in ORS 196.150 and 196.155, if an interstate land conservation and development planning agency is created by an interstate agreement or compact entered into by this state, the Land Conservation and Development Commission shall perform the functions of this state with respect to the agreement or compact. If the functions of the interstate planning agency duplicate any of the functions of the commission under ORS 195.020 to 195.040, ORS chapters 197 and 197A and ORS 469.350, the commission may:

�� (1) Negotiate with the interstate agency in defining the areas of responsibility of the commission and the interstate planning agency; and

�� (2) Cooperate with the interstate planning agency in the performance of its functions. [1973 c.80 �12; 1977 c.664 �8; 1987 c.14 �6; 2001 c.672 �5]

�� 197.055 [1973 c.80 �16; repealed by 1977 c.664 �42]

�� 197.060 Biennial report; draft submission to legislative committee; contents. (1) Prior to the end of each even-numbered year, the Department of Land Conservation and Development shall prepare a written report for submission to the Legislative Assembly of the State of Oregon describing activities and accomplishments of the department, Land Conservation and Development Commission, state agencies, local governments and special districts in carrying out ORS chapters 195, 196, 197 and 197A.

�� (2) A draft of the report required by subsection (1) of this section shall be submitted to the appropriate legislative committee at least 60 days prior to submission of the report to the Legislative Assembly. Comments of the committee shall be incorporated into the final report.

�� (3) Goals and guidelines adopted by the commission shall be included in the report to the Legislative Assembly submitted under subsection (1) of this section.

�� (4) The department shall include in its biennial report:

�� (a) A description of its activities implementing ORS 197.631; and

�� (b) An accounting of new statutory, land use planning goal and rule requirements and local government compliance with the new requirements pursuant to ORS 197.646. [1973 c.80 �56; 1977 c.664 �9; 1981 c.748 �21b; 2005 c.829 �9; 2007 c.354 �6]

�� 197.065 Biennial report analyzing uses of certain land; annual local government reports. (1) Prior to each odd-numbered year regular legislative session, the Land Conservation and Development Commission shall submit to the appropriate legislative committee a written report analyzing applications approved and denied for:

�� (a) New and replacement dwellings:

�� (A) Under ORS