by a county, in coordination with a metropolitan service district, and

197A.250 by a county, in coordination with a metropolitan service district, and the amendment of the designation.

����� (2) When the commission reviews a final land use decision of a metropolitan service district under subsection (1)(a), (c), (d) or (f) of this section, the commission shall issue a final order in writing within 180 days after the commission votes whether to approve the decision.

����� (3) When reviewing an amendment of an urban growth boundary under subsection (1)(b) of this section and ORS chapter 197A:

����� (a) At the request of and in coordination with the city, the Director of the Department of Land Conservation and Development shall parse work tasks in a manner that allows the Department of Land Conservation and Development to issue final orders approving or remanding sequential phases required for completion of the work tasks, including a final order approving:

����� (A) An inventory of buildable lands and an opportunities analysis under a goal relating to economic activities or an inventory of buildable lands and a needs analysis under a goal relating to housing needs.

����� (B) An estimation of the land need under a goal relating to economic activities.

����� (C) Any response to the department regarding approval of the estimation of land need, including changes proposed to comprehensive plan designations or land use zones.

����� (b)(A) The director shall take action on each sequential phase of a work task described in paragraph (a) of this subsection not later than 90 days after the local government submits the phase for review, unless the local government waives the 90-day deadline or the commission grants the director an extension.

����� (B) If the director does not take action within the time period required by subparagraph (A) of this paragraph, the sequential phase of the work task is deemed approved.

����� (c) The director may approve or remand a sequential phase of a work task or refer the phase of the work task to the commission for a decision. A decision by the director to approve or remand a phase of the work task may be appealed to the commission.

����� (d) The director shall provide a letter to the local government certifying the approval of each sequential phase of a work task, unless an interested party has filed a timely objection to the phase of the work task consistent with administrative rules for conducting periodic review.

����� (4) A final order of the commission under this section may be appealed to the Court of Appeals in the manner described in ORS 197.650 and 197.651.

����� (5) A local government determination described in subsection (1) of this section is not subject to being referred to voters by referendum petition and is reviewable exclusively under this section. [1999 c.622 �14; 2001 c.672 �10; 2003 c.793 �4; 2007 c.723 �7; 2011 c.469 �1; 2014 c.92 �6; 2017 c.521 �1; 2024 c.10 �1]

����� 197.627 Meaning of �compliance with the goals� for certain purposes. For the purposes of acknowledgment under ORS 197.251, board review under ORS 197.805 to 197.855, review of a proposed regional problem-solving agreement under ORS 197.652 to 197.658 or periodic review under ORS 197.628 to 197.651, �compliance with the goals� means the comprehensive plan and regulations, on the whole, conform with the purposes of the goals and any failure to meet individual goal requirements is technical or minor in nature. [Formerly 197.747]

����� Note: 197.627 was made a part of ORS chapter 197 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 197.628 Periodic review; policy; conditions that indicate need for periodic review. (1) It is the policy of the State of Oregon to require the periodic review of comprehensive plans and land use regulations in order to respond to changes in local, regional and state conditions to ensure that the plans and regulations remain in compliance with the statewide planning goals adopted pursuant to ORS 197.230, and to ensure that the plans and regulations make adequate provision for economic development, needed housing, transportation, public facilities and services and urbanization.

����� (2) The Land Conservation and Development Commission shall concentrate periodic review assistance to local governments on achieving compliance with those statewide land use planning laws and goals that address economic development, needed housing, transportation, public facilities and services and urbanization.

����� (3) The following conditions indicate the need for periodic review of comprehensive plans and land use regulations:

����� (a) There has been a substantial change in circumstances including but not limited to the conditions, findings or assumptions upon which the comprehensive plan or land use regulations were based, so that the comprehensive plan or land use regulations do not comply with the statewide planning goals relating to economic development, needed housing, transportation, public facilities and services and urbanization;

����� (b) Decisions implementing acknowledged comprehensive plan and land use regulations are inconsistent with the goals relating to economic development, needed housing, transportation, public facilities and services and urbanization;

����� (c) There are issues of regional or statewide significance, intergovernmental coordination or state agency plans or programs affecting land use which must be addressed in order to bring comprehensive plans and land use regulations into compliance with the goals relating to economic development, needed housing, transportation, public facilities and services and urbanization; or

����� (d) The local government, commission or Department of Land Conservation and Development determines that the existing comprehensive plan and land use regulations are not achieving the statewide planning goals relating to economic development, needed housing, transportation, public facilities and services and urbanization. [1991 c.612 �2; 1999 c.622 �2; 2005 c.829 �1]

����� 197.629 Schedule for periodic review; coordination. (1) The Land Conservation and Development Commission shall establish and maintain a schedule for periodic review of comprehensive plans and land use regulations. Except as necessary to coordinate approved periodic review work programs and to account for special circumstances that from time to time arise, the schedule shall reflect the following timelines:

����� (a) A city with a population of more than 2,500 within a metropolitan planning organization or a metropolitan service district shall conduct periodic review every seven years after completion of the previous periodic review; and

����� (b) A city with a population of 10,000 or more inside its urban growth boundary that is not within a metropolitan planning organization shall conduct periodic review every 10 years after completion of the previous periodic review.

����� (2) A county with a portion of its population within the urban growth boundary of a city subject to periodic review under this section shall conduct periodic review for that portion of the county according to the schedule and work program set for the city.

����� (3) Notwithstanding subsection (2) of this section, if the schedule set for the county is specific as to that portion of the county within the urban growth boundary of a city subject to periodic review under this section, the county shall conduct periodic review for that portion of the county according to the schedule and work program set for the county.

����� (4) If the Land Conservation and Development Commission pays the costs of a local government that is not subject to subsection (1) of this section to perform new work programs and work tasks, the commission may require the local government to complete periodic review when the local government has not completed periodic review within the previous five years if:

����� (a) A city has been growing faster than the annual population growth rate of the state for five consecutive years;

����� (b) A major transportation project on the Statewide Transportation Improvement Program that is approved for funding by the Oregon Transportation Commission is likely to:

����� (A) Have a significant impact on a city or an urban unincorporated community; or

����� (B) Be significantly affected by growth and development in a city or an urban unincorporated community;

����� (c) A major facility, including a prison, is sited or funded by a state agency; or

����� (d) Approval by the city or county of a facility for a major employer will increase employment opportunities and significantly affect the capacity of housing and public facilities in the city or urban unincorporated community.

����� (5) The Land Conservation and Development Commission may schedule periodic review for a local government earlier than provided in subsection (1) of this section if necessary to ensure that all local governments in a region whose land use decisions would significantly affect other local governments in the region are conducting periodic review concurrently, but not sooner than five years after completion of the previous periodic review.

����� (6) A city or county that is not required to complete periodic review under subsection (1) of this section may request periodic review by the commission.

����� (7) Upon request by a city, the Land Conservation and Development Commission may permit a city to undergo periodic review for the limited purpose of completing changes to proposed amendments to a comprehensive plan and land use regulations required on remand after review by the commission under ORS 197.626 (1)(b). If periodic review is initiated under this subsection, the city may adopt, and the Director of the Department of Land Conservation and Development may approve, a work program that includes only the changes required on remand.

����� (8) As used in this section, �metropolitan planning organization� means an organization located wholly within the State of Oregon and designated by the Governor to coordinate transportation planning in an urbanized area of the state pursuant to 49 U.S.C. 5303(c). [1999 c.622 �10; 2001 c.527 �3; 2005 c.829 �2; 2015 c.261 �1]

����� 197.630 [1981 c.748 �5c; repealed by 1983 c.827 �59]

����� 197.631 Commission to amend regulations to facilitate periodic review. In order to use state and local periodic review resources most efficiently and effectively and to concentrate periodic review on adequate provision of economic development, needed housing, transportation, public facilities and services and urbanization, the Land Conservation and Development Commission shall adopt, amend or repeal the statewide land use planning goals, guidelines and corresponding rules as necessary to facilitate periodic review and to provide for compliance by local governments with those goals not described in ORS 197.628 (2) through the post-acknowledgment procedures of ORS 197.610 to 197.625. [1999 c.622 �11; 2005 c.829 �3; 2015 c.261 �3]

����� 197.633 Two phases of periodic review; rules; appeal of decision on work program; schedule for completion; extension of time on appeal. (1) The periodic review process is divided into two phases. Phase one is the evaluation of the existing comprehensive plan, land use regulations and citizen involvement program and, if necessary, the development of a work program to make needed changes to the comprehensive plan or land use regulations. Phase two is the completion of work tasks outlined in the work program.

����� (2) The Land Conservation and Development Commission shall adopt rules for conducting periodic review that address:

����� (a) Initiating periodic review;

����� (b) Citizen participation;

����� (c) The participation of state agencies;

����� (d) The preparation, review and approval of a work program; and

����� (e) The preparation, review and approval of work tasks, including:

����� (A) The amendment of an urban growth boundary.

����� (B) The designation of, or withdrawal of territory from, urban reserves or rural reserves.

����� (3) The rules adopted by the commission under this section may include, but are not limited to, provisions concerning standing, requirements to raise issues before local government as a precondition to commission review and other provisions concerning the scope and standard for commission review to simplify or speed the review. The commission shall confine its review of evidence to the local record. The commission�s standard of review:

����� (a) For evidentiary issues, is whether there is substantial evidence in the record as a whole to support the local government�s decision.

����� (b) For procedural issues, is whether the local government failed to follow the procedures applicable to the matter before the local government in a manner that prejudiced the substantial rights of a party to the proceeding.

����� (c) For issues concerning compliance with applicable laws, is whether the local government�s decision on the whole complies with applicable statutes, statewide land use planning goals, administrative rules, the comprehensive plan, the regional framework plan, the functional plan and land use regulations. The commission shall defer to a local government�s interpretation of the comprehensive plan or land use regulations in the manner provided in ORS 197.829. For purposes of this paragraph, �complies� has the meaning given the term �compliance� in the phrase �compliance with the goals� in ORS 197.627.

����� (4) A decision by the Director of the Department of Land Conservation and Development to approve a work program, that no work program is necessary or that no further work is necessary is final and not subject to appeal.

����� (5) The director:

����� (a) Shall take action on a work task not later than 120 days after the local government submits the work task for review unless the local government waives the 120-day deadline or the commission grants the director an extension. If the director does not take action within the time period required by this subsection, the work task is deemed approved. The department shall provide a letter to the local government certifying that the work task is approved unless an interested party has filed a timely objection to the work task consistent with administrative rules for conducting periodic review.

����� (b) May approve or remand a work task or refer the work task to the commission for a decision. A decision by the director to approve or remand a work task may be appealed to the commission.

����� (6) Except as provided in this subsection, the commission shall take action on the appeal or referral of a work task within 90 days of the appeal or referral. Action by the commission in response to an appeal from a decision of the director or a referral is a final order subject to judicial review in the manner provided in ORS 197.650 and 197.651. The commission may extend the time for taking action on the appeal or referral if the commission finds that:

����� (a) The appeal or referral is appropriate for mediation;

����� (b) The appeal or referral raises new or complex issues of fact or law that make it unreasonable for the commission to give adequate consideration to the issues within the 90-day limit; or

����� (c) The parties to the appeal and the commission agree to an extension, not to exceed an additional 90 days.

����� (7) The commission and a local government shall attempt to complete periodic review within three years after approval of a work program. To promote the timely completion of periodic review, the commission shall establish a system of incentives to encourage local government compliance with timelines in periodic review work programs. [1991 c.612 �3; 1993 c.18 �38; 1999 c.622 �3; 2001 c.527 �1; 2005 c.829 �4; 2011 c.469 �2]

����� 197.635 [1981 c.748 �6; repealed by 1983 c.827 �59]

����� 197.636 Procedures and actions for failure to meet periodic review deadlines. (1) Upon good cause shown by a local government, the Director of the Department of Land Conservation and Development may allow the local government an extension of time for submitting a work program or completing a work task. A decision by the director to grant or deny an extension may be referred to the Land Conservation and Development Commission by the director. The Department of Land Conservation and Development or the commission shall not extend the deadline for submitting a work program more than once nor for more than 90 days, and shall not extend the deadline for a work task more than once nor for more than one year.

����� (2) If a local government fails to submit a work program or to complete a work task by the deadline set by the director or the commission, including any extension that has been granted, the director shall schedule a hearing before the commission. The commission shall issue an order imposing one or more of the following sanctions until the work program or the work task receives final approval by the director or the commission:

����� (a) Require the local government to apply those portions of the goals and rules to land use decisions as specified in the order. Sanctions may be imposed under this paragraph only when necessary to resolve a specific deficiency identified in the order.

����� (b) Forfeiture of all or a portion of the grant money received to conduct the review, develop the work program or complete the work task.

����� (c) Completion of the work program or work task by the department. The commission may require the local government to pay the cost for completion of work performed by the department, following the withholding process set forth in ORS 197.335 (4).

����� (d) Application of such interim measures as the commission deems necessary to ensure compliance with the statewide planning goals.

����� (3) If the department receives a work program or work task completed in response to a commission order issued under subsection (2) of this section, the director shall evaluate and issue a decision on the work program or work task within 90 days.

����� (4) Commission action pursuant to subsection (1) or (2) of this section is a final order subject to judicial review in the manner provided in ORS 197.650. [1991 c.612 �4; 1999 c.622 �4; 2001 c.527 �2; 2005 c.829 �5]

����� 197.637 [1999 c.622 �12; 2001 c.908 �4; 2023 c.13 �87; renumbered 197A.205 in 2023]

����� 197.638 Department of Land Conservation and Development may request review by Oregon Business Development Department of local inventory and analysis of industrial and commercial land. (1) Upon request of the Department of Land Conservation and Development, the Oregon Business Development Department shall review the inventory and analysis of industrial and commercial land, and measures taken to address the land needs, required of certain local governments under ORS 197.712. The review shall address the likely effect of measures developed by a local government on the adequacy of the supply of sites and opportunities to satisfy needs identified under ORS 197.712.

����� (2) The Land Conservation and Development Commission and the Director of the Department of Land Conservation and Development shall consider the review and any recommendations of the Oregon Business Development Department when determining whether a local government has complied with the statewide land use planning goals and the requirements of ORS 197.712. [1999 c.622 �13]

����� 197.639 State assistance teams; alternative coordination process; grant and technical assistance funding; priority of population forecasting program; advisory committee. (1) In addition to coordination between state agencies and local government established in certified state agency coordination programs, the Department of Land Conservation and Development may establish one or more state assistance teams made up of representatives of various agencies and local governments, utilize the Economic Revitalization Team established under ORS 284.555 or institute an alternative process for coordinating agency participation in the periodic review of comprehensive plans.

����� (2) The Economic Revitalization Team may work with a city to create a voluntary comprehensive plan review that focuses on the unique vision of the city, instead of conducting a standard periodic review, if the team identifies a city that the team determines can benefit from a customized voluntary comprehensive plan review.

����� (3) The department may develop model ordinance provisions to assist local governments in the periodic review plan update process and in complying with new statutory requirements or new land use planning goal or rule requirements adopted by the Land Conservation and Development Commission outside the periodic review process.

����� (4) A local government may arrange with the department for the provision of periodic review planning services and those services may be paid with grant program funds allocated under subsection (5) of this section.

����� (5) The commission shall establish an advisory committee composed, at a minimum, of representatives from the League of Oregon Cities, the Association of Oregon Counties, metropolitan service districts, the Special Districts Association of Oregon, land use planning public interest groups and developer interest groups. The advisory committee shall advise the commission and the department on the allocation of grants and technical assistance funding from General Fund sources and other issues assigned by the commission.

����� (6) The population forecasting program operated by the Portland State University Population Research Center pursuant to ORS 195.033 is the highest priority for the allocation of grant funding under subsection (5) of this section. [1991 c.612 �5; 2003 c.793 �5; 2005 c.829 �6; 2013 c.574 �5]

����� 197.640 [1981 c.748 �9; 1983 c.827 �11; 1987 c.69 �1; 1987 c.729 �7; 1987 c.856 �8; repealed by 1991 c.612 �23]

����� 197.641 [1983 c.827 �11b; 1987 c.729 �8a; repealed by 1991 c.612 �23]

����� 197.643 [1983 c.827 �11c; 1987 c.729 �9; repealed by 1991 c.612 �23]

����� 197.644 Modification of work program; exclusive jurisdiction of Land Conservation and Development Commission. (1) The Director of the Department of Land Conservation and Development may authorize or direct a local government to modify an approved work program when:

����� (a) Issues of regional or statewide significance arising out of another local government�s periodic review require an enhanced level of coordination;

����� (b) Issues of goal compliance are raised as a result of completion of a work task resulting in a need to undertake further review or revisions;

����� (c) Issues relating to the organization of the work program, coordination with affected agencies or persons, or orderly implementation of work tasks, result in a need for further review or revision; or

����� (d) Issues relating to needed housing, employment, transportation or public facilities and services were omitted from the work program but must be addressed in order to ensure compliance with the statewide planning goals.

����� (2) The Land Conservation and Development Commission shall have exclusive jurisdiction for review of the completed work tasks as set forth in ORS 197.628 to 197.651.

����� (3) Commission action pursuant to subsection (2) of this section is a final order subject to judicial review in the manner provided in ORS 197.650 and 197.651. [1991 c.612 �6; 1997 c.634 �1; 1999 c.622 �5; 2011 c.469 �3]

����� 197.645 [1983 c.827 �11d; 1987 c.729 �10; repealed by 1991 c.612 �23]

����� 197.646 Implementation of new requirement in goal, rule or statute; rules. (1) A local government shall amend its acknowledged comprehensive plan or acknowledged regional framework plan and land use regulations implementing either plan by a self-initiated post-acknowledgment process under ORS 197.610 to 197.625 to comply with a new requirement in land use statutes, statewide land use planning goals or rules implementing the statutes or the goals.

����� (2)(a) The Department of Land Conservation and Development shall notify local governments when a new requirement in land use statutes, statewide land use planning goals or rules implementing the statutes or the goals requires changes to an acknowledged comprehensive plan, an acknowledged regional framework plan or land use regulations implementing either plan.

����� (b) The Land Conservation and Development Commission shall establish, by rule, the time period within which an acknowledged comprehensive plan, an acknowledged regional framework plan and land use regulations implementing either plan must be in compliance with:

����� (A) A new requirement in a land use statute, if the legislation does not specify a time period for compliance; and

����� (B) A new requirement in a land use planning goal or rule adopted by the commission.

����� (3) When a local government does not adopt amendments to an acknowledged comprehensive plan, an acknowledged regional framework plan or land use regulations implementing either plan, as required by subsection (1) of this section, the new requirements apply directly to the local government�s land use decisions. The failure to adopt amendments to an acknowledged comprehensive plan, an acknowledged regional framework plan or land use regulations implementing either plan required by subsection (1) of this section is a basis for initiation of enforcement action pursuant to ORS 197.319 to 197.335. [1991 c.612 �7; 2005 c.829 �7; 2007 c.71 �67; 2011 c.469 �4]

����� Note: 197.646, 197.649 and 197.650 were added to and made a part of ORS chapter 197 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 197.647 [1983 c.827 �11e; 1987 c.69 �2; 1987 c.729 �11; repealed by 1991 c.612 �23]

����� 197.649 Fees for notice; rules. The Land Conservation and Development Commission may establish by rule fees to cover the cost of notice given to persons by the Director of the Department of Land Conservation and Development under ORS 197.610 (4) and 197.615 (3). [1983 c.827 �11f; 1985 c.565 �28; 1991 c.612 �15; 2013 c.1 �20]

����� Note: See note under 197.646.

����� 197.650 Appeal to Court of Appeals; standing. (1) A Land Conservation and Development Commission final order issued pursuant to ORS 197.180, 197.251, 197.626, 197.628 to 197.651, 197.652 to 197.658,