ORS 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)
Intentionally left blank —Ed.(a)
Subject to local government requirements and the provisions of ORS 197.830 (Review procedures) to 197.845 (Stay of decision being reviewed), the director may participate in and seek review of:(A)
A land use decision, expedited land division 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 and 197.(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, expedited land division 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, expedited land division 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, expedited land division 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 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780) or 227.160 (Definitions for ORS 227.160 to 227.186), expedited land division 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, expedited land division 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 and 197.(4)
The director may intervene in an appeal of a land use decision, expedited land division 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]
Source:
Section 197.090 — Duties and authority of director; appealing local land use decision; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors197.html.
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