or 215.327; and

215.317 or 215.327; and

����� (B) On any land zoned for forest use under any statewide planning goal that relates to forestland; and

����� (d) Such other matters pertaining to protection of agricultural or forest land as the commission deems appropriate.

����� (2) The governing body of each county shall provide the Department of Land Conservation and Development with a report of its actions involving those dwellings, land divisions and land designations upon which the commission must report to the appropriate legislative committee under subsection (1) of this section. The department shall establish, after consultation with county governing bodies, an annual reporting period and may establish a schedule for receiving county reports at intervals within the reporting period. The report shall be on a standard form with a standardized explanation adopted by the commission and shall be eligible for grants by the commission. The report shall include the findings for each action except actions involving:

����� (a) Dwellings authorized by ORS 215.213 (1)(d) or 215.283 (1)(d); or

����� (b) Land divisions authorized by ORS 215.263 (2) creating parcels as large as or larger than a minimum size established by the commission under ORS 215.780.

����� (3) The governing body of each county shall, upon request by the department, provide the department with other information necessary to carry out subsection (1) of this section. [1983 c.826 �13; 1985 c.811 �9; 1987 c.555 �4; 1989 c.107 �1; 1993 c.792 �9; 2001 c.704 �9; 2007 c.354 �7; 2009 c.850 �3; 2011 c.545 �34; 2015 c.104 �4]

����� 197.070 Public inspection of assessments prepared by commission. The Land Conservation and Development Commission shall keep on file and available for public inspection the assessments prepared pursuant to ORS 197.040 and 197.230. [1995 c.299 �3]

DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT

����� 197.075 Department of Land Conservation and Development. The Department of Land Conservation and Development is established. The department shall consist of the Land Conservation and Development Commission, the Director of the Department of Land Conservation and Development and their subordinate officers and employees. [1973 c.80 �4]

����� 197.080 [1973 c.80 �55; 1977 c.664 �10; 1981 c.748 �21c; repealed by 2007 c.354 �1]

����� 197.085 Director; appointment; compensation and expenses. (1) The Land Conservation and Development Commission shall appoint a person to serve as the Director of the Department of Land Conservation and Development. The director shall hold the office of the director at the pleasure of the commission and the salary of the director shall be fixed by the commission unless otherwise provided by law.

����� (2) In addition to salary, the director shall be reimbursed, subject to any applicable law regulating travel and other expenses of state officers and employees, for actual and necessary expenses incurred by the director in the performance of official duties. [1973 c.80 �13]

����� 197.090 Duties and authority of director; appealing local land use decision; rules. (1) Subject to policies adopted by the Land Conservation and Development Commission, the Director of the Department of Land Conservation and Development shall:

����� (a) Be the administrative head of the Department of Land Conservation and Development.

����� (b) Coordinate the activities of the department in its land conservation and development functions with such functions of federal agencies, other state agencies, local governments and special districts.

����� (c) Appoint, reappoint, assign and reassign all subordinate officers and employees of the department, prescribe their duties and fix their compensation, subject to the State Personnel Relations Law.

����� (d) Represent this state before any agency of this state, any other state or the United States with respect to land conservation and development within this state.

����� (2)(a) Subject to local government requirements and the provisions of ORS 197.830 to 197.845, the director may participate in and seek review of:

����� (A) A land use decision or limited land use decision involving the goals or involving an acknowledged comprehensive plan and land use regulations implementing the plan; or

����� (B) Any other matter within the statutory authority of the department or commission under ORS chapters 195, 196, 197 and 197A.

����� (b) The director shall report to the commission on each case in which the department participates and on the positions taken by the director in each case.

����� (c) If a meeting of the commission is scheduled prior to the close of the period for seeking review of a land use decision or limited land use decision, the director shall obtain formal approval from the commission prior to seeking review of the decision. However, if the land use decision or limited land use decision becomes final less than 15 days before a meeting of the commission, the director shall proceed as provided in paragraph (d) of this subsection. If the director requests approval from the commission, the applicant and the affected local government shall be notified in writing that the director is seeking commission approval. The director, the applicant and the affected local government shall be given reasonable time to address the commission regarding the director�s request for approval to seek review. The parties shall limit their testimony to the factors established under subsection (3) of this section. No other testimony shall be taken by the commission.

����� (d) If a meeting of the commission is not scheduled prior to the close of the period for seeking review of a land use decision or limited land use decision, at the next commission meeting the director shall report to the commission on each case for which the department has sought review. The director shall request formal approval to proceed with each appeal. The applicant and the affected local government shall be notified of the commission meeting in writing by the director. The director, the applicant and the affected local government shall be given reasonable time to address the commission regarding the director�s request for approval to proceed with the appeal. The parties shall limit their testimony to the factors established under subsection (3) of this section. No other testimony shall be taken by the commission. If the commission does not formally approve an appeal, the director shall file a motion with the appropriate tribunal to dismiss the appeal.

����� (e) A decision by the commission under this subsection is not subject to appeal.

����� (f) For purposes of this subsection, �applicant� means a person seeking approval of a permit, as defined in ORS 215.402 or 227.160, or limited land use decision.

����� (3) The commission by rule shall adopt a set of factors for the commission to consider when determining whether to appeal or intervene in the appeal of a land use decision or limited land use decision that involves the application of the goals, acknowledged comprehensive plan, land use regulation or other matter within the authority of the department or commission under ORS chapters 195, 196, 197 and 197A.

����� (4) The director may intervene in an appeal of a land use decision or limited land use decision brought by another person in the manner provided for an appeal by the director under subsection (2)(c) and (d) of this section. [1973 c.80 �14; 1979 c.772 �7d; 1981 c.748 �21d; 1983 c.827 �2; 1991 c.817 �20; 1995 c.595 �23; 1999 c.292 �1; 2010 c.8 �8; 2010 c.107 �10; 2025 c.476 �28]

����� 197.095 Land Conservation and Development Account. (1) There is established in the General Fund in the State Treasury the Land Conservation and Development Account. Moneys in the account are continuously appropriated for the purpose of carrying out ORS chapters 195, 196, 197 and 197A.

����� (2) All fees, moneys and other revenue received by the Department of Land Conservation and Development shall be deposited in the Land Conservation and Development Account. [1973 c.80 �15; 1977 c.664 �11; 1981 c.748 �21e; 2007 c.354 �8]

����� 197.125 [1973 c.80 �22; repealed by 2007 c.354 �1]

����� 197.130 [1973 c.80 �23; 1975 c.530 �6; 1977 c.891 �8; 1981 c.748 �23; 1987 c.158 �33; repealed by 2007 c.354 �1]

����� 197.135 [1973 c.80 �24; 1981 c.748 �24; repealed by 2007 c.354 �1]

ADVISORY COMMITTEES

����� 197.158 Policy-neutral review and audit of statewide land use program. (1) The Land Conservation and Development Commission, in cooperation with the Oregon Law Commission and other public or private entities, may, as resources are available, appoint a work group to conduct a policy-neutral review and audit of ORS chapters 195, 196, 197, 197A, 215 and 227, the statewide land use planning goals and the rules of the commission implementing the goals.

����� (2) The commission shall sequence any review based on its judgment as to which aspects of the statewide land use program are most in need of updating.

����� (3) A review undertaken under this section should, but does not have to, include appropriate involvement of local government, professional land use planning, private legal and other representatives.

����� (4) Recommendations should, but do not have to, address major policies and key procedures that are most appropriate for enactment by law and what policies and procedures are most appropriate for adoption by statewide land use planning goals or rules to allow for greater variation between regions of the state over time and to reduce complexity. [2009 c.873 �17]

����� Note: 197.158 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.

����� 197.160 State Citizen Involvement Advisory Committee; city and county citizen advisory committees. (1) To assure widespread citizen involvement in all phases of the planning process:

����� (a) The Land Conservation and Development Commission shall appoint a State Citizen Involvement Advisory Committee, broadly representative of geographic areas of the state and of interests relating to land uses and land use decisions, to develop a program for the commission that promotes and enhances public participation in the adoption and amendment of the goals and guidelines.

����� (b) Each city and county governing body shall submit to the commission, on a periodic basis established by commission rule, a program for citizen involvement in preparing, adopting and amending comprehensive plans and land use regulations within the respective city and county. Such program shall at least contain provision for a citizen advisory committee or committees broadly representative of geographic areas and of interests relating to land uses and land use decisions.

����� (c) The State Citizen Involvement Advisory Committee appointed under paragraph (a) of this subsection shall review the proposed programs submitted by each city and county and report to the commission whether or not the proposed program adequately provides for public involvement in the planning process, and, if it does not so provide, in what respects it is inadequate.

����� (2) The State Citizen Involvement Advisory Committee is limited to an advisory role to the commission. It has no express or implied authority over any local government or state agency. [1973 c.80 �35; 1981 c.748 �25; 1983 c.740 �49]

����� 197.165 Local Officials Advisory Committee. For the purpose of promoting mutual understanding and cooperation between the Land Conservation and Development Commission and local government in the implementation of ORS chapters 195, 196, 197 and 197A and the goals, the commission shall appoint a Local Officials Advisory Committee. The committee shall be comprised of persons serving as city or county elected officials and its membership shall reflect the city, county and geographic diversity of the state. The committee shall advise and assist the commission on its policies and programs affecting local governments. [1977 c.664 �7; 1981 c.748 �25a]

COMPREHENSIVE PLANNING RESPONSIBILITIES

����� 197.173 Findings regarding coordination between state agencies and local governments. The Legislative Assembly finds and declares that:

����� (1) Improving coordination and consistency between the duties and actions of state agencies that affect land use and the duties and actions of local governments under comprehensive plans and land use regulations is required to ensure that the actions of state agencies complement both state and local land use planning objectives.

����� (2) Improved coordination is necessary to streamline state and local permitting procedures.

����� (3) The Department of Land Conservation and Development has not engaged in a formal and concerted effort to update state agency land use coordination programs since 1989, and that state agency rules, plans and programs affecting land use and local government comprehensive plans and land use regulations have changed substantially since that time.

����� (4) Rules of the Land Conservation and Development Commission regarding state agency land use coordination and state permit compliance and compatibility should be:

����� (a) Reviewed to eliminate unclear or conflicting provisions and to ensure that local land use decisions authorizing a use generally precede state agency decisions on permits for the use or for aspects of the use; and

����� (b) Updated regularly to maintain a high level of coordination between state agencies and local governments in reviewing authorizations for a use of property. [2009 c.606 �1]

����� Note: 197.173 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.

����� 197.175 Cities� and counties� planning responsibilities; rules on incorporations; compliance with goals. (1) Cities and counties shall exercise their planning and zoning responsibilities, including, but not limited to, a city or special district boundary change which shall mean the annexation of unincorporated territory by a city, the incorporation of a new city and the formation or change of organization of or annexation to any special district authorized by ORS 198.705 to 198.955,