ORS 197.254
Bar to contesting acknowledgment, appealing or seeking amendment
(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 (State agency planning responsibilities) (4), from contesting a request for acknowledgment submitted by a local government under ORS 197.251 (Compliance acknowledgment) or from filing an appeal of a post-acknowledgement change under ORS 197.610 (Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development) to 197.625 (Acknowledgment of comprehensive plan or land use regulation changes) to a comprehensive plan or a land use regulation, if the commission finds that:(a)
The state agency has not complied with ORS 197.180 (State agency planning responsibilities); or(b)
The state agency has not coordinated its plans, programs or rules affecting land use with the comprehensive plan or land use regulations of the city or county pursuant to a coordination program approved by the commission under ORS 197.180 (State agency planning responsibilities).(2)
A state agency is barred from seeking a commission order under ORS 197.644 (Modification of work program) requiring amendment of a local government comprehensive plan or a land use regulation in order to comply with the agency’s plan or program unless the agency has first requested the amendment from the local government and has had its request denied.(3)
A special district is barred from contesting a request for initial compliance acknowledgment submitted by a local government under ORS 197.251 (Compliance acknowledgment) or from filing an appeal of a post-acknowledgement change under ORS 197.610 (Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development) to 197.625 (Acknowledgment of comprehensive plan or land use regulation changes) to a comprehensive plan or a land use regulation, if the county or metropolitan service district assigned coordinative functions under ORS 195.025 (Regional coordination of planning activities) (1) finds that:(a)
The special district has not entered into a cooperative agreement under ORS 195.020 (Special district planning responsibilities); or(b)
The special district has not coordinated its plans, programs or regulations affecting land use with the comprehensive plan or land use regulations of the local government pursuant to its cooperative agreement made under ORS 195.020 (Special district planning responsibilities).(4)
A special district is barred from seeking a commission order under ORS 197.644 (Modification of work program) requiring amendment of a local government comprehensive plan or a land use regulation in order to comply with the special district’s plan or program unless the special district has first requested the amendment from the local government and has had its request denied. [1977 c.664 §16; 1981 c.748 §11; 1983 c.827 §57; 1991 c.612 §11; 2009 c.606 §4; 2011 c.280 §7]
Source:
Section 197.254 — Bar to contesting acknowledgment, appealing or seeking amendment, https://www.oregonlegislature.gov/bills_laws/ors/ors197.html.
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