Title 19, Miscellaneous Matters Related to Government and Public Affairs

(1) There is established a Land Conservation and Development Commission consisting of seven members appointed by the Governor, subject to confirmation by the Senate pursuant to section 4, Article III, Oregon Constitution. (2) The Governor shall appoint to the commission: (a) One …

(1) The Land Conservation and Development Commission shall select one of its members as chairperson and another member as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the commission determines. The v…

(1) The Land Conservation and Development Commission shall: (a) Direct the performance by the Director of the Department of Land Conservation and Development and the director’s staff of their functions under ORS chapters 195, 196, 197 and 197A. (b) In accordance with the provisio…

The Land Conservation and Development Commission may: (1) Apply for and receive moneys from the federal government and from this state or any of its agencies or departments. (2) Contract with any public agency for the performance of services or the exchange of employees or servic…

(1) As used in this section, “owner” means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete tax assessment roll. (2) At least 90 days prior to the final public hearing on a proposed new or amende…

Except as provided in ORS 196.150 and 196.155, if an interstate land conservation and development planning agency is created by an interstate agreement or compact entered into by this state, the Land Conservation and Development Commission shall perform the functions of this stat…

(1) Prior to the end of each even-numbered year, the Department of Land Conservation and Development shall prepare a written report for submission to the Legislative Assembly of the State of Oregon describing activities and accomplishments of the department, Land Conservation and…

(1) Prior to each odd-numbered year regular legislative session, the Land Conservation and Development Commission shall submit to the appropriate legislative committee a written report analyzing applications approved and denied for: (a) New and replacement dwellings: (A) Under OR…

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

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]

(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 b…

(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 …

(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 receiv…

(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 an…

(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…

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 Comm…

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 ens…

(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…

(1) Except as provided in ORS 197.277 or subsection (2) of this section or unless expressly exempted by another statute from any of the requirements of this section, state agencies shall carry out their planning duties, powers and responsibilities and take actions that are author…

(1) A local government shall provide notice to the Oregon Department of Aviation when the local government or its designee receives an application for a comprehensive plan amendment, zone change or permit as defined in ORS 215.402 or 227.160 that, if approved, would result in a w…

(1) A limited land use decision shall be consistent with applicable provisions of city or county comprehensive plans and land use regulations. Such a decision may include conditions authorized by law. Within two years of September 29, 1991, cities and counties shall incorporate a…

The Department of Land Conservation and Development shall prepare and the Land Conservation and Development Commission shall adopt goals and guidelines for use by state agencies, local governments and special districts in preparing, adopting, amending and implementing existing an…

(1) In preparing, adopting and amending goals and guidelines, the Department of Land Conservation and Development and the Land Conservation and Development Commission shall: (a) Assess: (A) What economic and property interests will be, or are likely to be, affected by the propose…

(1) In preparing the goals and guidelines, the Department of Land Conservation and Development shall: (a) Hold at least 10 public hearings throughout the state, causing notice of the time, place and purpose of each hearing to be published in a newspaper of general circulation wit…

Upon receipt of the proposed goals and guidelines prepared and submitted to it by the Department of Land Conservation and Development, the Land Conservation and Development Commission shall: (1) Hold at least one public hearing on the proposed goals and guidelines. The commission…

The Land Conservation and Development Commission may periodically amend the initial goals and guidelines adopted under ORS 197.240 and adopt new goals and guidelines. The adoption of amendments to or of new goals shall be done in the manner provided in ORS 197.235 and 197.240 and…

Except as otherwise provided in ORS 197.245, all comprehensive plans and land use regulations adopted by a local government to carry out those comprehensive plans and all plans, programs, rules or regulations affecting land use adopted by a state agency or special district shall …

(1) Upon the request of a local government, the Land Conservation and Development Commission shall by order grant, deny or continue acknowledgment of compliance of comprehensive plan and land use regulations with the goals. A commission order granting, denying or continuing ackno…

Notwithstanding the provisions of ORS 197.251 (2)(a), a person may not submit written comments and objections to the acknowledgment request of any city or county that submits its plan or regulations to the Land Conservation and Development Commission for acknowledgment for the fi…

(1) A state agency is barred, after the date set for submission of programs by the Land Conservation and Development Commission as provided in ORS 197.180 (4), from contesting a request for acknowledgment submitted by a local government under ORS 197.251 or from filing an appeal …

Cities incorporated after January 1, 1982, shall have their comprehensive plans and land use regulations acknowledged under ORS 197.251 no later than four years after the date of incorporation. [Formerly 197.757]

(1) As used in this section, “action” includes but is not limited to a proceeding under ORS 197.830 to 197.845. (2) If any action is brought against a local government challenging any comprehensive plan, land use regulation or other action of the local government which was adopte…

Within six months following completion of the periodic review process, the affected local government shall file three complete and accurate copies of its comprehensive plan and land use regulations with the Department of Land Conservation and Development. This document can be eit…

(1) The Metro regional framework plan, its separate components and amendments to the regional framework plan or to its separate components are subject to review: (a) For compliance with land use planning statutes, statewide land use planning goals and administrative rules corresp…

(1) The goals and rules established in ORS chapters 195, 196, 197 and 197A do not apply to programs, rules, procedures, decisions, determinations or activities carried out under the Oregon Forest Practices Act administered under ORS 527.610 to 527.770, 527.990 (1) and 527.992. (2…

(1) Wetland conservation plans approved by the Director of the Department of State Lands pursuant to ORS chapter 196 shall be deemed to comply with the requirements of statewide planning goals relating to other than estuarine wetlands for those areas, uses and activities which ar…

(1) The Land Conservation and Development Commission shall take actions it considers necessary to assure that city and county comprehensive plans and land use regulations and state agency coordination programs are consistent with the goal set forth in ORS 468B.155. (2) The commis…

(1) Before a person may request adoption of an enforcement order under ORS 197.320, the person shall: (a) Present the reasons, in writing, for such an order to the affected local government; and (b) Request: (A) Revisions to the local comprehensive plan, land use regulations, spe…

The Land Conservation and Development Commission shall issue an order requiring a local government, state agency or special district to take action necessary to bring its comprehensive plan, land use regulation, limited land use decisions or other land use decisions or actions in…

(1) On its own motion, the Land Conservation and Development Commission may initiate a proceeding to carry out the provisions of ORS 197.320. If the commission proceeds on its own motion, it shall proceed as set forth in ORS 197.328. (2)(a) After a person meets the requirements o…

If a proceeding is initiated under ORS 197.324, the following procedures apply: (1) The Land Conservation and Development Commission shall hold a hearing to consider the petition or shall appoint a hearings officer to consider the petition under the provisions of ORS chapter 183 …

(1) The Land Conservation and Development Commission shall mail a copy of an enforcement order to the local government, state agency or special district. An order must set forth: (a) The nature of the noncompliance, including, but not limited to, the contents of the comprehensive…

(1) The Land Conservation and Development Commission, the Department of Land Conservation and Development, other state agencies and local governments shall give the goals equal weight in any matter in which the goals are required to be applied. (2) The commission and the departme…

(1) A party appealing a land use decision or limited land use decision made by a local government to the board or Land Conservation and Development Commission has the burden of persuasion. (2) A local government that claims an exception to a goal adopted by the commission has the…

(1) As used in this section: (a) “Claimant” means a person that makes a Measure 37 claim. (b) “Measure 37 claim” means a written demand for compensation under ORS 197.352. (c) “Land use regulation” has the meaning given that term in ORS 197.352. (d) “Owner” has the meaning given …

(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) 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 …

(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 desc…

(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…

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…