197.455; ����� (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, 183.482 or other statuto

197.455;

����� (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, 183.482 or other statutory provisions;

����� (e) Does not include any rules, programs, decisions, determinations or activities carried out under ORS 527.610 to 527.770, 527.990 (1) and 527.992; and

����� (f) Is subject to ORS 196.115 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.

����� (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 (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; 2025 c.476 �35]

����� 197.828 Board review of limited land use decision. (1) The Land Use Board of Appeals shall either reverse, remand or affirm a limited land use decision on review.

����� (2) The board shall reverse or remand a limited land use decision if:

����� (a) The decision is not supported by substantial evidence in the record. The existence of evidence in the record supporting a different decision shall not be grounds for reversal or remand if there is evidence in the record to support the final decision;

����� (b) The decision does not comply with applicable provisions of the land use regulations;

����� (c) The decision is:

����� (A) Outside the scope of authority of the decision maker; or

����� (B) Unconstitutional; or

����� (d) The local government committed a procedural error which prejudiced the substantial rights of the petitioner. [1991 c.817 �2]

����� 197.829 Board to affirm certain local government interpretations. (1) The Land Use Board of Appeals shall affirm a local government�s interpretation of its comprehensive plan and land use regulations, unless the board determines that the local government�s interpretation:

����� (a) Is inconsistent with the express language of the comprehensive plan or land use regulation;

����� (b) Is inconsistent with the purpose for the comprehensive plan or land use regulation;

����� (c) Is inconsistent with the underlying policy that provides the basis for the comprehensive plan or land use regulation; or

����� (d) Is contrary to a state statute, land use goal or rule that the comprehensive plan provision or land use regulation implements.

����� (2) If a local government fails to interpret a provision of its comprehensive plan or land use regulations, or if such interpretation is inadequate for review, the board may make its own determination of whether the local government decision is correct. [1993 c.792 �43; 1995 c.595 �4]

����� 197.830 Review procedures; standing; fees; deadlines; rules; issues subject to review; attorney fees and costs; publication of orders; mediation; tracking of reviews. (1) Review of land use decisions or limited land use decisions under ORS 197.830 to 197.845 shall be commenced by filing a notice of intent to appeal with the Land Use Board of Appeals.

����� (2) Except as provided in ORS 197.620, a person may petition the board for review of a land use decision or limited land use decision if the person:

����� (a) Filed a notice of intent to appeal the decision as provided in subsection (1) of this section; and

����� (b) Appeared before the local government, special district or state agency orally or in writing.

����� (3) If a local government makes a land use decision without providing a hearing, except as provided under ORS 197A.140 (2), 215.416 (11) or 227.175 (10), or the local government makes a land use decision that is different from the proposal described in the notice of hearing to such a degree that the notice of the proposed action did not reasonably describe the local government�s final actions, a person adversely affected by the decision may appeal the decision to the board under this section:

����� (a) Within 21 days of actual notice where notice is required; or

����� (b) Within 21 days of the date a person knew or should have known of the decision where no notice is required.

����� (4) If a local government makes a land use decision without a hearing pursuant to ORS 215.416 (11) or 227.175 (10):

����� (a) A person who was not provided notice of the decision as required under ORS 215.416 (11)(c) or 227.175 (10)(c) may appeal the decision to the board under this section within 21 days of receiving actual notice of the decision.

����� (b) A person who is not entitled to notice under ORS 215.416 (11)(c) or 227.175 (10)(c) but who is adversely affected or aggrieved by the decision may appeal the decision to the board under this section within 21 days after the expiration of the period for filing a local appeal of the decision established by the local government under ORS 215.416 (11)(a) or 227.175 (10)(a).

����� (c) A person who receives notice of a decision made without a hearing under ORS 215.416 (11) or