OAR 660-025-0040
Exclusive Jurisdiction of LCDC


(1)

The commission, pursuant to ORS 197.644 (Modification of work program)(2), has exclusive jurisdiction for review of completed periodic review work tasks for compliance with the statewide planning goals and applicable statutes and administrative rules, as provided in ORS 197.633 (Two phases of periodic review)(3). The director also has authority to review the periodic review evaluation, work program and completed work tasks, as provided in ORS 197.633 (Two phases of periodic review) and 197.644 (Modification of work program).

(2)

Pursuant to ORS 197.626 (Submission of land use decisions that expand urban growth boundary or designate urban or rural reserves), the commission has exclusive jurisdiction for review of the following final decisions for compliance with the statewide planning goals:

(a)

An amendment of an urban growth boundary by a metropolitan service district that adds more than 100 acres to the area within its urban growth boundary;

(b)

An amendment of an urban growth boundary by a city with a population of 2,500 or more within its urban growth boundary that adds more than 50 acres to the area within the urban growth boundary including a sequential component as provided in ORS 197.626 (Submission of land use decisions that expand urban growth boundary or designate urban or rural reserves)(3) and OAR 660-025-0185 (Review of Urban Growth Boundary Amendment Components), except as provided by ORS 197A.325 and OAR 660-038-0020 (Applicability)(10);

(c)

A designation of an area as an urban reserve under ORS 195.137 (Definitions for ORS 195.137 to 195.145) to 195.145 (Urban reserves) by a metropolitan service district or by a city with a population of 2,500 or more within its urban growth boundary;

(d)

An amendment of the boundary of an urban reserve by a metropolitan service district;

(e)

An amendment of the boundary of an urban reserve to add more than 50 acres to the urban reserve by a city with a population of 2,500 of more within its urban growth boundary; and

(f)

A designation or an amendment to the designation of a rural reserve under ORS 195.137 (Definitions for ORS 195.137 to 195.145) to 195.145 (Urban reserves) by a county, in coordination with a metropolitan service district, including an amendment of the boundary of a rural reserve.

(3)

A final order of the commission pursuant to sections (1) or (2) of this rule may be subject to judicial review in the manner provided in applicable provisions of ORS 197.650 (Appeal to Court of Appeals) and 197.651 (Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission).

(4)

The director may transfer one or more matters arising from review of a work task, urban growth boundary amendment or designation or amendment of an urban reserve area to the Land Use Board of Appeals pursuant to ORS 197.825 (Jurisdiction of board)(2)(c)(A) and OAR 660-025-0250 (Transfer of Matters to the Land Use Board of Appeals).

Source: Rule 660-025-0040 — Exclusive Jurisdiction of LCDC, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=660-025-0040.

Last Updated

Jun. 8, 2021

Rule 660-025-0040’s source at or​.us