for the amendments to and renumbering of 197.352 has not been made.

197.353 for the amendments to and renumbering of 197.352 has not been made.

����� 197.360 [1995 c.595 �7; 2015 c.260 �1; 2025 c.476 �19; renumbered 197A.142 in 2025]

����� 197.365 [1995 c.595 �8; 2015 c.260 �3; 2021 c.103 �6; 2025 c.476 �20; renumbered 197A.140 in 2025]

����� 197.370 [1995 c.595 �9; 2021 c.103 �7; repealed by 2025 c.476 �21]

����� 197.375 [1995 c.595 �10; 2003 c.598 �37; 2021 c.103 �8; repealed by 2025 c.476 �21]

����� 197.380 [1995 c.595 �11; 1999 c.348 �8; 2021 c.103 �9; repealed by 2025 c.476 �21]

ACTIVITIES ON FEDERAL LAND

����� 197.390 Activities on federal land; list; permit required; enjoining violations. (1) The Land Conservation and Development Commission shall study and compile a list of all activities affecting land use planning which occur on federal land and which the state may regulate or control in any degree.

����� (2) No activity listed by the commission pursuant to subsection (1) of this section which the state may regulate or control which occurs upon federal land shall be undertaken without a permit issued under ORS 197.395.

����� (3) Any person or agency acting in violation of subsection (2) of this section may be enjoined in civil proceedings brought in the name of the State of Oregon. [1975 c.486 �2; 1981 c.748 �33]

����� 197.395 Application for permit; review and issuance; conditions; restrictions; review. (1) Any person or public agency desiring to initiate an activity which the state may regulate or control and which occurs upon federal land shall apply to the local government in which the activity will take place for a permit. The application shall contain an explanation of the activity to be initiated, the plans for the activity and any other information required by the local government as prescribed by rule of the Land Conservation and Development Commission.

����� (2) If the local government finds after review of the application that the proposed activity complies with goals and the comprehensive plans of the local government affected by the activity, it shall approve the application and issue a permit for the activity to the person or public agency applying for the permit. If the governing body does not approve or disapprove the permit within 60 days of receipt of the application, the application shall be considered approved.

����� (3) The local government may prescribe and include in the permit any conditions or restrictions that it considers necessary to assure that the activity complies with the goals and the comprehensive plans of the local governments affected by the activity.

����� (4) Actions pursuant to this section are subject to review under ORS 197.830 to 197.845. [1975 c.486 �3; 1977 c.664 �26; 1979 c.772 �7c; 1981 c.748 �40; 1983 c.827 �44]

����� 197.400 [1973 c.80 �25; 1977 c.664 �27; repealed by 1981 c.748 �56]

AREAS OF CRITICAL CONCERN

����� 197.405 Designation of areas of critical state concern; commission recommendation; committee review; approval by Legislative Assembly. (1) The Land Conservation and Development Commission may recommend to appropriate legislative committees the designation of areas of critical state concern. Each such recommendation:

����� (a) Shall specify the reasons for the implementation of additional state regulations for the described geographic area;

����� (b) Shall include a brief summary of the existing programs and regulations of state and local agencies applicable to the area;

����� (c) May include a management plan for the area indicating the programs and regulations of state and local agencies, if any, unaffected by the proposed state regulations for the area;

����� (d) May establish permissible use limitations for all or part of the area;

����� (e) Shall locate a boundary describing the area; and

����� (f) May designate permissible use standards for all or part of the lands within the area or establish standards for issuance or denial of designated state or local permits regulating specified uses of lands in the area, or both.

����� (2) The commission may act under subsection (1) of this section on its own motion or upon the recommendation of a state agency or a local government. If the commission receives a recommendation from a state agency or a local government and finds the proposed area to be unsuitable for designation, it shall notify the state agency or the local government of its decision and its reasons for that decision.

����� (3) Immediately following its decision to favorably recommend to the Legislative Assembly the designation of an area of critical state concern, the commission shall submit the proposed designation accompanied by the supporting materials described in subsection (1) of this section to the appropriate legislative committees for review.

����� (4) No proposed designation under subsection (1) of this section shall take effect unless it has first been submitted to appropriate legislative committees under subsection (3) of this section and has been approved by the Legislative Assembly. The Legislative Assembly may adopt, amend or reject the proposed designation. [1973 c.80 �26; 1977 c.664 �28; 1981 c.748 �12; 2007 c.354 �11]

����� 197.410 Use and activities regulated; enjoining violations. (1) No use or activity subjected to state regulations required or allowed for a designated area of critical state concern shall be undertaken except in accordance with the applicable state regulations.

����� (2) Any person or agency acting in violation of subsection (1) of this section may be enjoined in civil proceedings brought in the name of the county or the State of Oregon. [1973 c.80 �30; 1977 c.664 �29; 1981 c.748 �13]

����� 197.412 Enforcement powers. If the county governing body or the Land Conservation and Development Commission determines the existence of an alleged violation under ORS 197.410, it may:

����� (1) Investigate, hold hearings, enter orders and take action that it deems appropriate under ORS chapters 195, 196, 197 and 197A, as soon as possible.

����� (2) For the purpose of investigating conditions relating to the violation, through its members or its duly authorized representatives, enter at reasonable times upon any private or public property.

����� (3) Conduct public hearings.

����� (4) Publish its findings and recommendations as they are formulated relative to the violation.

����� (5) Give notice of any order relating to a particular violation of the state regulations for the area involved or a particular violation of ORS chapters 195, 196, 197 and 197A by mailing notice to the person or public body conducting or proposing to conduct the project affected in the manner provided by ORS chapter 183. [Formerly