Title 197 · ORS Chapter 197

197.860�� Stay of proceedings to allow mediation GENERAL PROVISIONS �� 197.005 Legislative findings. The Legislative Assembly finds that: �� (1) Uncoordinated use of lands within this

Citation: ORS 197.860

Section: 197.860

197.860�� Stay of proceedings to allow mediation

GENERAL PROVISIONS

�� 197.005 Legislative findings. The Legislative Assembly finds that:

�� (1) Uncoordinated use of lands within this state threatens the orderly development, the environment of this state and the health, safety, order, convenience, prosperity and welfare of the people of this state.

�� (2) To promote coordinated administration of land uses consistent with comprehensive plans adopted throughout the state, it is necessary to establish a process for the review of state agency, city, county and special district land conservation and development plans for compliance with goals.

�� (3) Except as otherwise provided in subsection (4) of this section, cities and counties should remain as the agencies to consider, promote and manage the local aspects of land conservation and development for the best interests of the people within their jurisdictions.

�� (4) The promotion of coordinated statewide land conservation and development requires the creation of a statewide planning agency to prescribe planning goals and objectives to be applied by state agencies, cities, counties and special districts throughout the state.

�� (5) City and county governments are responsible for the development of local comprehensive plans. The purpose of ORS 195.065, 195.070 and 195.075 is to enhance coordination among cities, counties and special districts to assure effectiveness and efficiency in the delivery of urban services required under those local comprehensive plans. [1973 c.80 �1; 1977 c.664 �1; 1981 c.748 �21; 1993 c.804 �2a; 1999 c.348 �1]

�� 197.010 Policy. The Legislative Assembly declares that:

�� (1) In order to ensure the highest possible level of livability in Oregon, it is necessary to provide for properly prepared and coordinated comprehensive plans for cities and counties, regional areas and the state as a whole. These comprehensive plans:

�� (a) Must be adopted by the appropriate governing body at the local and state levels;

�� (b) Are expressions of public policy in the form of policy statements, generalized maps and standards and guidelines;

�� (c) Shall be the basis for more specific rules and land use regulations which implement the policies expressed through the comprehensive plans;

�� (d) Shall be prepared to assure that all public actions are consistent and coordinated with the policies expressed through the comprehensive plans; and

�� (e) Shall be regularly reviewed and, if necessary, amended to keep them consistent with the changing needs and desires of the public they are designed to serve.

�� (2)(a) The overarching principles guiding the land use program in the State of Oregon are to:

�� (A) Provide a healthy environment;

�� (B) Sustain a prosperous economy;

�� (C) Ensure a desirable quality of life; and

�� (D) Equitably allocate the benefits and burdens of land use planning.

�� (b) Additionally, the land use program should, but is not required to, help communities achieve sustainable development patterns and manage the effects of climate change.

�� (c) The overarching principles in paragraph (a) of this subsection and the purposes in paragraph (b) of this subsection provide guidance to:

�� (A) The Legislative Assembly when enacting a law regulating land use.

�� (B) A public body, as defined in ORS 174.109, when the public body:

�� (i) Adopts or interprets goals, comprehensive plans and land use regulations implementing the plans, or administrative rules implementing a provision of ORS chapter 195, 196, 197, 197A, 215 or 227; or

�� (ii) Interprets a law governing land use.

�� (d) Use of the overarching principles in paragraph (a) of this subsection and the purposes in paragraph (b) of this subsection is not a legal requirement for the Legislative Assembly or other public body and is not judicially enforceable.

�� (3) The equitable balance between state and local government interests can best be achieved by resolution of conflicts using alternative dispute resolution techniques such as mediation, collaborative planning and arbitration. Such dispute resolution techniques are particularly suitable for conflicts arising over periodic review, comprehensive plan and land use regulations, amendments, enforcement issues and local interpretation of state land use policy. [1973 c.80 �2; 1981 c.748 �21a; 1993 c.792 �48; 2009 c.873 �1]

�� 197.012 Compact urban development. In areas of the state that are growing rapidly, state agencies, as defined in ORS 171.133, cities and counties should, within constraints of applicable federal law and regulations, state law and rules and local ordinances:

�� (1) Consider directing major public infrastructure investments, including major transportation investments, to reinforce compact urban development; and

�� (2) Consider giving priority to investments that promote infill or redevelopment of existing urban areas to encourage the density necessary to support alternative modes of transportation. [2009 c.873 �14]

�� Note: 197.012 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 197.013 Implementation and enforcement are of statewide concern. Implementation and enforcement of acknowledged comprehensive plans and land use regulations are matters of statewide concern. [1981 c.884 �7]

�� 197.015 Definitions for ORS chapters 195, 196, 197 and 197A. As used in ORS chapters 195, 196, 197 and 197A, unless the context requires otherwise:

�� (1) �Acknowledgment� means a commission order that certifies that a comprehensive plan and land use regulations, land use regulation or plan or regulation amendment complies with the goals or certifies that Metro land use planning goals and objectives, Metro regional framework plan, amendments to Metro planning goals and objectives or amendments to the Metro regional framework plan comply with the goals.

�� (2) �Board� means the Land Use Board of Appeals.

�� (3) �Carport� means a stationary structure consisting of a roof with its supports and not more than one wall, or storage cabinet substituting for a wall, and used for sheltering a motor vehicle.

�� (4) �Commission� means the Land Conservation and Development Commission.

�� (5) �Comprehensive plan� means a generalized, coordinated land use map and policy statement of the governing body of a local government that interrelates all functional and natural systems and activities relating to the use of lands, including but not limited to sewer and water systems, transportation systems, educational facilities, recreational facilities, and natural resources and air and water quality management programs. �Comprehensive� means all-inclusive, both in terms of the geographic area covered and functional and natural activities and systems occurring in the area covered by the plan. �General nature� means a summary of policies and proposals in broad categories and does not necessarily indicate specific locations of any area, activity or use. A plan is �coordinated� when the needs of all levels of governments, semipublic and private agencies and the citizens of Oregon have been considered and accommodated as much as possible. �Land� includes water, both surface and subsurface, and the air.

�� (6) �Department� means the Department of Land Conservation and Development.

�� (7) �Director� means the Director of the Department of Land Conservation and Development.

�� (8) �Goals� means the mandatory statewide land use planning standards adopted by the commission pursuant to ORS chapters 195, 196, 197 and 197A.

�� (9) �Guidelines� means suggested approaches designed to aid cities and counties in preparation, adoption and implementation of comprehensive plans in compliance with goals and to aid state agencies and special districts in the preparation, adoption and implementation of plans, programs and regulations in compliance with goals. Guidelines are advisory and do not limit state agencies, cities, counties and special districts to a single approach.

�� (10) �Land use decision�:

�� (a) Includes:

�� (A) A final decision or determination made by a local government or special district that concerns the adoption, amendment or application of:

�� (i) The goals;

�� (ii) A comprehensive plan provision;

�� (iii) A land use regulation; or

�� (iv) A new land use regulation;

�� (B) A final decision or determination of a state agency other than the commission with respect to which the agency is required to apply the goals;

�� (C) A decision of a county planning commission made under ORS 433.763; or

�� (D) An expedited land division under ORS 197A.140;

�� (b) Does not include a decision of a local government:

�� (A) That is made under land use standards that do not require interpretation or the exercise of policy or legal judgment;

�� (B) That approves or denies a building permit issued under clear and objective land use standards;

�� (C) That is a limited land use decision;

�� (D) That determines final engineering design, construction, operation, maintenance, repair or preservation of a transportation facility that is otherwise authorized by and consistent with the comprehensive plan and land use regulations;

�� (E) That approves, pursuant to ORS 480.450 (7), the siting, installation, maintenance or removal of a liquefied petroleum gas container or receptacle regulated exclusively by the State Fire Marshal under ORS 480.410 to 480.460;

�� (F) That approves or denies approval of a final subdivision or partition plat or that determines whether a final subdivision or partition plat substantially conforms to the tentative subdivision or partition plan; or

�� (G) That a proposed state agency action subject to ORS 197.180 (1) is compatible with the acknowledged comprehensive plan and land use regulations implementing the plan, if:

�� (i) The local government has already made a land use decision authorizing a use or activity that encompasses the proposed state agency action;

�� (ii) The use or activity that would be authorized, funded or undertaken by the proposed state agency action is allowed without review under the acknowledged comprehensive plan and land use regulations implementing the plan; or

�� (iii) The use or activity that would be authorized, funded or undertaken by the proposed state agency action requires a future land use review under the acknowledged comprehensive plan and land use regulations implementing the plan;

�� (c) Does not include a decision by a school district to close a school;

�� (d) Does not include, except as provided in ORS 215.213 (13)(c) or 215.283 (6)(c), authorization of an outdoor mass gathering as defined in ORS 433.735, or other gathering of fewer than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period; and

�� (e) Does not include:

�� (A) A writ of mandamus issued by a circuit court in accordance with ORS 215.429 or 227.179;

�� (B) Any local decision or action taken on an application subject to ORS 215.427 or 227.178 after a petition for a writ of mandamus has been filed under ORS 215.429 or