OAR 660-014-0010
Application of the Statewide Planning Goals to Newly Incorporated Cities
(1)
Incorporation of a new city within an acknowledged urban growth boundary does not require an exception to Goals 3, 4, 11, or 14. Incorporation of a new city within an acknowledged urban growth boundary must be consistent with relevant provisions of acknowledged city and county plans and land use regulations for the area to be incorporated.(2)
The following are land use decisions which must comply with applicable Statewide Planning Goals or the acknowledged comprehensive plan:(a)
A county order that authorizes an incorporation election pursuant to ORS 221.040 (Hearing on petition to incorporate);(b)
A resolution adopted by a city approving an incorporation within three miles of its city limits pursuant to ORS 221.031 (Petition to incorporate)(4);(c)
An order adopted by a local government boundary commission authorizing incorporation of a new city pursuant to ORS 199.461 (Study of proposed boundary change or other action). Incorporation decisions under this section include consolidations that include unincorporated lands.(3)
A city or county decision listed in subsection (2)(a) and (b) of this rule may also require a plan amendment. If the area proposed for incorporation is subject to an acknowledged comprehensive plan, the amendments shall be reviewed through the post acknowledgment plan amendment review process specified in ORS 197.610 (Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development) to 197.650 (Appeal to Court of Appeals) and 197.757 (Acknowledgment deadline for newly incorporated cities). If the area proposed for incorporation is not subject to an acknowledged plan, a plan amendment is subject to review upon appeal as a “land use decision” as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325)(10).(4)
A newly incorporated city must adopt a comprehensive plan and implementing ordinances for all land in its planning area. Cities incorporated after January 1, 1982, shall have their comprehensive plans and land use regulations acknowledged no later than four years after the date of incorporation or as extended in accordance with a compliance schedule adopted by the commission. Comprehensive plans prepared and adopted by newly incorporated cities shall be reviewed through the plan acknowledgment review process set forth in ORS 197.251 (Compliance acknowledgment) and OAR chapter 660, division 3.
Source:
Rule 660-014-0010 — Application of the Statewide Planning Goals to Newly Incorporated Cities, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-014-0010.