ORS 197.040
Duties of commission

rules

Text
Annotations 3

(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 and 197.

(b)

In accordance with the provisions of ORS chapter 183, adopt rules that it considers necessary to carry out ORS chapters 195, 196 and 197. Except as provided in subsection (3) of this section, in designing its administrative requirements, the commission shall:

(A)

Allow for the diverse administrative and planning capabilities of local governments;

(B)

Consider the variation in conditions and needs in different regions of the state and encourage regional approaches to resolving land use problems;

(C)

Assess what economic and property interests will be, or are likely to be, affected by the proposed rule;

(D)

Assess the likely degree of economic impact on identified property and economic interests; and

(E)

Assess whether alternative actions are available that would achieve the underlying lawful governmental objective and would have a lesser economic impact.

(c)

Intentionally left blank —Ed.

(A)

Adopt by rule in accordance with ORS chapter 183 or by goal under ORS chapters 195, 196 and 197 any statewide land use policies that it considers necessary to carry out ORS chapters 195, 196 and 197.

(B)

Adopt by rule in accordance with ORS chapter 183 any procedures necessary to carry out ORS 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780) (4)(b) and 227.160 (Definitions for ORS 227.160 to 227.186) (2)(b).

(C)

Review decisions of the Land Use Board of Appeals and land use decisions of the Court of Appeals and the Supreme Court within 120 days of the date the decisions are issued to determine if goal or rule amendments are necessary.

(d)

Cooperate with the appropriate agencies of the United States, this state and its political subdivisions, any other state, any interstate agency, any person or groups of persons with respect to land conservation and development.

(e)

Appoint advisory committees to aid it in carrying out ORS chapters 195, 196 and 197 and provide technical and other assistance, as it considers necessary, to each such committee.

(2)

Pursuant to ORS chapters 195, 196 and 197, the commission shall:

(a)

Adopt, amend and revise goals consistent with regional, county and city concerns;

(b)

Prepare, collect, provide or cause to be prepared, collected or provided land use inventories;

(c)

Prepare statewide planning guidelines;

(d)

Review comprehensive plans for compliance with goals;

(e)

Coordinate planning efforts of state agencies to assure compliance with goals and compatibility with city and county comprehensive plans;

(f)

Insure widespread citizen involvement and input in all phases of the process;

(g)

Review and recommend to the Legislative Assembly the designation of areas of critical state concern;

(h)

Report periodically to the Legislative Assembly and to the committee;

(i)

Review the land use planning responsibilities and authorities given to the state, regions, counties and cities, review the resources available to each level of government and make recommendations to the Legislative Assembly to improve the administration of the statewide land use program; and

(j)

Perform other duties required by law.

(3)

The requirements of subsection (1)(b) of this section shall not be interpreted as requiring an assessment for each lot or parcel that could be affected by the proposed rule. [1973 c.80 §§9,11; 1977 c.664 §5; 1981 c.748 §22; 1991 c.817 §19; 1993 c.792 §51; 1995 c.299 §1; 2009 c.873 §2]

Source: Section 197.040 — Duties of commission; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors197.html.

Notes of Decisions

In statutory scheme, statewide planning goals occupy preferred position over rules, and legislative intent is that goals cannot be indirectly repealed or amended by exercise of LCDC’s general rulemaking power. Willamette University v. LCDC, 45 Or App 355, 608 P2d 1178 (1980)

Rulemaking authority does not prevent LCDC from selecting specific remedy without first adopting remedy by rule. Jackson County v. LCDC, 132 Or App 302, 888 P2d 98 (1995), Sup Ct review denied

Attorney General Opinions

Preparation of land use inventories, (1976) Vol 37, p 1324

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 197.040 Duties of commission

(1)

(a)

(b)

(A)

(B)

(C)

(D)

(E)

(c)

(A)

(B)

(C)

(d)

(e)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(3)

Notes of Decisions

Attorney General Opinions

ORS 197.040
Duties of commission