ORS 197.430
Enforcement powers
(1)
Investigate, hold hearings, enter orders and take action that it deems appropriate under ORS chapters 195, 196 and 197, as soon as possible.(2)
For the purpose of investigating conditions relating to the violation, through its members or its duly authorized representatives, enter at reasonable times upon any private or public property.(3)
Conduct public hearings.(4)
Publish its findings and recommendations as they are formulated relative to the violation.(5)
Give notice of any order relating to a particular violation of the state regulations for the area involved or a particular violation of ORS chapters 195, 196 and 197 by mailing notice to the person or public body conducting or proposing to conduct the project affected in the manner provided by ORS chapter 183. [1973 c.80 §31; 1977 c.664 §33; 1981 c.748 §14](2)
The Land Conservation and Development Commission shall adopt rules to implement the pilot program. The commission, by rule, may:(a)
Establish a maximum ratio of transferable development rights to severed development interests in a sending area for each pilot project. The maximum ratio:(A)
Must be calculated to protect lands planned and zoned for forest use and to create incentives for owners of land in the sending area to participate in the pilot project;(B)
May not exceed one transferable development right to one severed development interest if the receiving area is outside of urban growth boundaries and outside unincorporated communities;(C)
May not exceed two transferable development rights to one severed development interest if the receiving area is in an unincorporated community; and(D)
Must be consistent with plans for public facilities and services in the receiving area.(b)
Require participating owners of land in a sending area to grant conservation easements pursuant to ORS 271.715 (Definitions for ORS 271.715 to 271.795) to 271.795 (Construction of Act), or otherwise obligate themselves, to ensure that additional residential development of their property does not occur.(3)
The commission, by rule, shall establish a process for selecting pilot projects from among potential projects nominated by local governments. The process must require local governments to nominate potential projects by submitting a concept plan for each proposed pilot project, including proposed amendments, if any, to the comprehensive plan and land use regulations implementing the plan that are necessary to implement the pilot project.(4)
When selecting a pilot project, the commission must find that the pilot project is:(a)
Reasonably likely to provide a net benefit to the forest economy or the agricultural economy of this state;(b)
Designed to avoid or minimize adverse effects on transportation, natural resources, public facilities and services, nearby urban areas and nearby farm and forest uses; and(c)
Designed so that new development authorized in a receiving area does not conflict with a resource or area inventoried under a statewide land use planning goal relating to natural resources, scenic and historic areas and open spaces, or with an area identified as a Conservation Opportunity Area in the “Oregon Conservation Strategy” adopted by the State Fish and Wildlife Commission and published by the State Department of Fish and Wildlife in September of 2006.(5)
The commission may select up to three pilot projects for the transfer of development rights under sections 6 to 8, chapter 636, Oregon Laws 2009.(6)
A sending area for a pilot project under sections 6 to 8, chapter 636, Oregon Laws 2009:(a)
Must be planned and zoned for forest use;(b)
May not exceed 10,000 acres; and(c)
Must contain four or fewer dwelling units per square mile.(7)
The commission may establish additional requirements for sending areas.(8)
Intentionally left blank —Ed.(a)
Except as provided otherwise in paragraph (b) of this subsection, a local government participating in a pilot project shall select a receiving area for the pilot project based on the following priorities:(A)
First priority is lands within an urban growth boundary.(B)
Second priority is lands that are adjacent to an urban growth boundary and that are subject to an exception from a statewide land use planning goal relating to agricultural lands or forestlands.(C)
Third priority is lands that are:(i)
Within an urban unincorporated community or a rural community; or(ii)
In a resort community, or a rural service center, that contains at least 100 dwelling units at the time the pilot project is approved.(D)
Fourth priority is exception areas approved under ORS 197.732 (Goal exceptions) that are adjacent to urban unincorporated communities or rural communities, if the county agrees to bring the receiving area within the boundaries of the community and to provide the community with water and sewer service.(b)
The commission may authorize a local government to select lower priority lands over higher priority lands for a receiving area in a pilot project only if the local government has established, to the satisfaction of the commission, that selecting higher priority lands as the receiving area is not likely to result in the severance and transfer of a significant proportion of the development interests in the sending area within five years after the receiving area is established.(c)
The minimum residential density of development allowed in receiving areas intended for residential development is:(A)
For second priority lands described in paragraph (a)(B) of this subsection, at least five dwelling units per net acre or 125 percent of the average residential density allowed within the urban growth boundary when the pilot project is approved by the commission, whichever is greater.(B)
For third priority and fourth priority lands described in paragraph (a)(C) and (D) of this subsection, at least 125 percent of the average residential density allowed on land planned for residential use within the unincorporated community when the pilot project is approved by the commission.(d)
For third and fourth priority lands described in paragraph (a)(C) and (D) of this subsection that are within one jurisdiction but adjacent to another jurisdiction, the written consent of the adjacent jurisdiction is required for designation of the receiving area.(e)
A receiving area may not be located within 10 miles of the Portland metropolitan area urban growth boundary.(9)
The commission may establish additional requirements for receiving areas.(10)
The commission, by rule, may provide a bonus in the form of a higher transfer ratio if a substantial portion of the new development in the receiving area of the pilot project is affordable housing within an urban growth boundary. [2009 c.636 §6; 2010 c.5 §3; 2011 c.144 §1](2)
The local governments having land use jurisdiction over lands included in the sending area and the receiving area for the pilot project shall adopt amendments to their respective comprehensive plans and land use regulations implementing the plans that are consistent with subsection (3) of this section.(3)
When the commission has approved a proposed concept plan, the local governments having land use jurisdiction over the affected sending area and affected receiving area shall adopt overlay zone provisions and corresponding amendments to the comprehensive plan and land use regulations implementing the plan that identify the additional development allowed through participation in the pilot project. The Department of Land Conservation and Development shall review the overlay zones and corresponding comprehensive plan amendments in the manner of periodic review under ORS 197.628 (Periodic review) to 197.650 (Appeal to Court of Appeals) [series became 197.628 (Periodic review) to 197.651 (Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission)].(4)
Notwithstanding ORS 197.296 (Analysis of housing capacity and needed housing by Metro, cities outside of Metro and smaller cities) and 197.298 (Priority of land to be included within urban growth boundary) and statewide land use planning goals relating to urbanization, a local government may amend its urban growth boundary to include adjacent lands in a receiving area, consistent with an approved concept plan, if the net residential density of development authorized in the receiving area is at least five dwelling units per net acre or 125 percent of the average residential density allowed on land planned for residential use within the urban growth boundary when the pilot project is approved by the commission, whichever is greater.(5)
Local governments or other entities may establish a development rights bank or other system to facilitate the transfer of development rights.(6)
A county shall review an application for a pilot project under sections 6 to 8, chapter 636, Oregon Laws 2009, as a comprehensive plan amendment. A county may apply other procedures, including master plan approval, site plan review or conditional use review as the county finds appropriate to subsequent phases of review of the pilot project.(7)
When development rights transfers authorized by the pilot project under sections 6 to 8, chapter 636, Oregon Laws 2009, result in the transfer of development rights from the jurisdiction of one local government to another local government and cause a potential shift of ad valorem tax revenues between jurisdictions, the local governments may enter into an intergovernmental agreement under ORS 190.003 (Definition for ORS 190.003 to 190.130) to 190.130 (Effect of ORS 190.125) that provides for sharing between the local governments of the prospective ad valorem tax revenues derived from new development in the receiving area. [2009 c.636 §7; 2011 c.144 §2](2)
An entity that is eligible to be a holder of a conservation easement may acquire, from a willing seller in the manner provided by ORS 271.715 (Definitions for ORS 271.715 to 271.795) to 271.795 (Construction of Act), the right to carry out a use of land authorized under rules of the Land Conservation and Development Commission implementing the pilot program. [2009 c.636 §8](a)
“Associated property” means real property, and improvements, that is contiguous to and in common ownership with the development area.(b)
“Development area” means certain property containing a guest ranch and consisting of approximately 5,000 acres in common ownership that are located in township 17 south, range 31 east and township 17 south, range 32 east, Grant County.(2)
Subject to approval of a master plan submitted to Grant County, the guest ranch may be expanded in the development area in one or more phases to include the uses authorized under this section if Grant County finds that the master plan for the development area meets the standards set forth in subsections (4), (5) and (6) of this section, notwithstanding:(a)
Sections 2 and 3, chapter 84, Oregon Laws 2010.(b)
Statewide land use planning goals and rules implementing the goals and without taking an exception under ORS 197.732 (Goal exceptions) to a goal.(c)
The lot size and dwelling standards of ORS 215.700 (Resource land dwelling policy) to 215.780 (Minimum lot or parcel sizes).(d)
Provisions of the acknowledged comprehensive plan or land use regulations of Grant County except as:(A)
Provided otherwise in this section; or(B)
Necessary to protect the public health and safety.(3)
The development area may:(a)
Contain up to 575 units of overnight accommodations, including but not limited to lodging units, cabins, townhomes and fractional ownerships. Overnight accommodations that are not lodging units, timeshares or fractional ownerships must be subject to deed restrictions that limit use of the accommodations to use as overnight accommodations.(b)
Include restaurants, meeting and conference facilities and commercial uses to meet the needs of visitors to the development area and associated property.(c)
Include developed recreational facilities including, but not limited to, tennis courts, spa facilities, equestrian facilities, swimming pools and bicycle paths.(d)
Not include sites for new residential dwellings unless otherwise permitted under existing law or developed for employees of the guest ranch or other uses allowed in the development area.(4)
The uses authorized by this section that are to be developed on or after January 1, 2010, must be constructed in the development area.(5)
Roads, utility corridors and utility facilities necessary to serve the development area are authorized uses. Roads in the development area:(a)
Must be all-weather roads.(b)
Must remain unpaved to the greatest extent practicable to discourage car use in most parts of the development area.(c)
Must be wide enough to accommodate emergency equipment.(6)
Upon receipt of an application for approval of a master plan for the development and use of the development area, Grant County shall approve the master plan if the county finds that the master plan:(a)
Demonstrates that the important natural features of the development area and associated property, including but not limited to habitat of threatened or endangered species, streams, rivers and significant wetlands, will be retained. Grant County may authorize alteration of important natural features, including the placement of structures that maintain the overall values of the natural features, under the county’s applicable acknowledged comprehensive plan and land use regulations.(b)
Demonstrates that the development area and associated property will be managed to provide significant public benefits in the form of:(A)
Wildlife and aquatic habitat improvements, including tree planting, enhancement of riparian areas and restoration of meadows for wildlife; and(B)
Training and education programs.(c)
Demonstrates that the development area and associated property will be managed to provide a significant number of permanent jobs in Grant and Harney Counties, to encourage the growth of ancillary and support businesses in Grant and Harney Counties, to encourage expansion of tourism opportunities for Grant and Harney Counties, and to provide opportunities to educate the public about sustainable ranching and wildlife rehabilitation in conjunction with Oregon State University or another educational institution in the State of Oregon.(d)
Contains design criteria and standards that promote sustainability in the development area. The criteria and standards must promote energy and water conservation, reduce, based on consultation with the State Department of Fish and Wildlife, adverse impacts of development on wildlife and reduce, based on consultation with the State Forestry Department, wildfire risk.(e)
Demonstrates that overnight accommodations will be clustered to minimize adverse impacts on fish and wildlife.(f)
Includes a proposed plat to create lots for the first phase of development in the development area.(7)
The planning director of Grant County may:(a)
Approve by administrative review an amendment to an approved master plan or an associated land division plan; or(b)
If the planning director determines that the proposed change may impact the findings made pursuant to subsection (6) of this section, refer the amendment to the Grant County Court for review. If the planning director refers a proposed amendment to the court, the court shall approve the proposed change if the master plan, as amended, or the associated land division plan, as amended, remains consistent with the requirements of this section.(8)
Grant County shall:(a)
Apply only the provisions of this section and the master plan as standards and criteria for approval or amendment of the master plan and associated land division applications and development permit applications submitted pursuant to this section.(b)
Process the master plan and associated land division applications pursuant to the procedural review provisions of the acknowledged comprehensive plan and land use regulations. [2011 c.686 §2](1)
“City” means the City of Bend.(2)
“Council” has the meaning given that term in ORS 227.010 (Definition for ORS 227.030 to 227.300).(3)
“Planning commission” means a planning commission described in ORS 227.090 (Powers and duties of commission).(4)
“Stevens Road planning amendments” means amendments to the city’s comprehensive plans, land use regulations or zoning maps that affect the development of the Stevens Road tract.(5)
“Stevens Road tract” means land that:(a)
Is located in tax lot 100 of section 11, township 18 south, range 12 east of the Willamette Meridian in Deschutes County;(b)
Was conveyed to the Department of State Lands through a lot line adjustment bargain and sale deed recorded on October 17, 2019, in the deed records of Deschutes County under recorder number 2019-39926; and(c)
Consists of 261.66 acres, more or less. [2021 c.552 §2](a)
Are not land use decisions, as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325).(b)
If taken by the city, are not subject to any review except by the Department of Land Conservation and Development under sections 2 to 9 of this 2021 Act.(c)
If taken by the department, are not considered rulemaking and are not subject to ORS 183.325 (Delegation of rulemaking authority to named officer or employee) to 183.410 (Agency determination of applicability of rule or statute to petitioner) or 183.710 (Definitions for ORS 183.710 to 183.730) to 183.730 (Review of rule by Oregon Sunshine Committee) and, notwithstanding ORS 183.484 (Jurisdiction for review of orders other than contested cases) or 183.485 (Decision of court on review of contested case), are appealable directly to the Court of Appeals.(d)
If taken under an exercise of discretion authorized under sections 2 to 9 of this 2021 Act, are a final action, are entitled to deference and are not subject to an evidentiary review on appeal notwithstanding ORS 34.040 (When allowed) (1)(c), 183.482 (Jurisdiction for review of contested cases) (8)(c) or 183.484 (Jurisdiction for review of orders other than contested cases) (5)(c).(2)
If the department approves Stevens Road planning amendments under sections 7 to 9 of this 2021 Act:(a)
Any subsequent land use decision within the Stevens Road tract is a land use decision subject to the ordinary procedures and requirements of ORS chapters 197 and 227, statewide land use planning goals, rules adopted by the Land Conservation and Development Commission or the department, the city’s comprehensive plan and land use regulations and the requirements set forth in section 9 (1) of this 2021 Act.(b)
Violations of sections 2 to 9 of this 2021 Act may be the basis for the initiation of enforcement action under ORS 197.319 (Procedures prior to request of an enforcement order) to 197.335 (Order for compliance with goals). [2021 c.552 §3](1)
The city has submitted a letter to the department expressing the city’s nonbinding intent to consider a conceptual plan under section 5 of this 2021 Act; and(2)
The owner of the Stevens Road tract has:(a)
Submitted a letter to the department giving its consent to the city’s pursuit of the urban growth boundary expansion and planning amendments under sections 6 to 9 of this 2021 Act; and(b)
Established an agreement with the city that:(A)
Is binding on the successors of the owners;(B)
Is contingent upon the final approval of the planning amendments; and(C)
Establishes the essential terms, including the price per acre, but not requiring that specific lands be designated, for the department’s conveyances to the city of real property consistent with section 9 (2) and (3) of this 2021 Act. [2021 c.552 §4](a)
Explains in general terms the expected Stevens Road planning amendments, including intended uses and zoning of the Stevens Road tract; and(b)
Explains the factual basis and reasons for the expected Stevens Road planning amendments.(2)
At least 14 days before each opportunity for public participation under subsection (3) of this section, the city must provide published notice of the opportunity.(3)
Before consideration of a conceptual plan, the city must provide opportunities for public participation, including at least:(a)
A public open house;(b)
A meeting of the city’s planning commission where public testimony is considered;(c)
A meeting of the city’s council where public testimony is considered; and(d)
A public comment period.(4)
Before consideration of a conceptual plan, the city must consult with, and provide the opportunity for written comment from, the owner of the Stevens Road tract and the Department of Land Conservation and Development.(5)
The city may not submit an approved conceptual plan to the department after July 1, 2022.(6)
The department may approve the conceptual plan if:(a)
The department has received the letters described in section 4 of this 2021 Act; and(b)
In the department’s discretion, considering the conceptual plan along with any supporting documentation and relevant public comment, the proposed development of the Stevens Road tract would be capable of meeting the requirements of sections 7 to 9 of this 2021 Act.(7)
The department may not approve an urban growth boundary expansion or Stevens Road planning amendments under sections 6 to 9 of this 2021 Act unless the department has approved the city’s conceptual plan under this section.(8)
No later than 90 days after receiving a conceptual plan, the department shall approve or remand the conceptual plan by written notice delivered to the city.(9)
No later than 90 days after receiving a notice of remand, the city may approve and submit an amended conceptual plan to the department for review under this section. [2021 c.552 §5](a)
The department has received the letters required by section 4 of this 2021 Act;(b)
The department has approved the city’s conceptual plan under section 5 of this 2021 Act; and(c)
The proposed urban growth boundary expansion adds all of the Stevens Road tract and no other lands to the area within the city’s urban growth boundary.(2)
The city shall include the lands brought within the city’s urban growth boundary under this section in the city’s inventory of buildable lands under ORS 197.296 (Analysis of housing capacity and needed housing by Metro, cities outside of Metro and smaller cities) (3)(a). [2021 c.552 §6](a)
The department has received the letters required by section 4 of this 2021 Act;(b)
The department has approved the city’s conceptual plan under section 5 of this 2021 Act;(c)
The department has approved an expansion of the city’s urban growth boundary under section 6 of this 2021 Act;(d)
The proposed Stevens Road planning amendments were approved by the city through an ordinance adopted and submitted to the department under section 8 of this 2021 Act;(e)
The proposed Stevens Road planning amendments comply with the requirements and standards in section 9 of this 2021 Act; and(f)
The Stevens Road planning amendments are submitted on or before January 1, 2025.(2)
The Stevens Road planning amendments submitted under sections 7 to 9 of this 2021 Act are not operable until they are approved by the department.(3)
The department may consider public comments and testimony before considering approval of the Stevens Road planning amendments.(4)
The department shall approve, remand or remand in part the Stevens Road planning amendments within 180 days. Notwithstanding subsection (1)(f) of this section, within 180 days of a remand, the city may resubmit Stevens Road planning amendments for approval under sections 7 to 9 of this 2021 Act. [2021 c.552 §7](2)
At least 20 days before each opportunity for public participation under subsection (3) of this section, the city must provide broad public notice of the opportunity, including notice through the city’s newsletter, online social media, website and electronic mail lists and any other form of public notice commonly used by the city for land use matters.(3)
Before consideration of an ordinance under this section, the city must provide opportunities for public participation, including at least:(a)
A public open house;(b)
A meeting of the city’s planning commission where public testimony is considered;(c)
A meeting of the city’s council where public testimony is considered;(d)
A public comment period; and(e)
Any other opportunity for public participation required by city ordinance or regulation before adoption of amendments to a comprehensive plan or enactment of land use regulations.(4)
At least seven days before consideration of an ordinance under this section, the city’s council must receive written recommendations from the city’s planning commission on the Stevens Road planning amendments.(5)
Before consideration of an ordinance under this section, the city must consult with, and provide opportunity for written comment from:(a)
Any owner of the Stevens Road tract;(b)
The Department of Land Conservation and Development;(c)
Deschutes County;(d)
The Bend Park and Recreation District; and(e)
Any other local government or special district with jurisdiction over the Stevens Road tract or whose service is likely to be impacted by development of the Stevens Road tract.(6)
Within 10 days after adoption of an ordinance under this section, the city shall submit a copy of the ordinance and any supporting information to the department. [2021 c.552 §8](a)
An inventory of significant historical artifacts, cultural sites and natural resources.(b)
Areas designated for recreational and open space.(c)
Land use regulations for the protection and preservation of significant resources and designated areas identified in paragraphs (a) and (b) of this subsection.(d)
Land use regulations that comply with applicable wildfire planning and development requirements, including requirements in regulations adopted to implement a statewide planning goal relating to natural disasters and hazards.(e)
Areas designated for adequate employment lands that account for the city’s most recent economic opportunity analysis, including consideration of subsequent economic development activities and trends.(f)
Within areas zoned for residential purposes, without counting the lands designated under subsection (2) of this section, land use regulations for housing that:(A)
Ensure adequate opportunities for the development of all needed housing types, sizes and densities of market-rate housing, including middle housing as defined in ORS 197.758 (Development of middle housing);(B)
Exceed the proportions of single-family attached and multifamily housing called for in the city’s most recently adopted housing needs analysis under ORS 197.296 (Analysis of housing capacity and needed housing by Metro, cities outside of Metro and smaller cities) (3);(C)
Exceed a minimum density standard of nine residential units per gross residential acre; and(D)
On the date the Stevens Road planning amendments are approved, comply with land use regulations adopted by the city, or any minimum applicable rules adopted by the department, to implement ORS 197.758 (Development of middle housing) and the amendments to ORS 197.312 (Limitation on city and county prohibitions) by section 7, chapter 639, Oregon Laws 2019.(g)
Sufficient areas designated for mixed use development to support and integrate viable commercial and residential uses along with transportation options, including walking, bicycling and transit use.(h)
Land use regulations ensuring that:(A)
Adequate capacity is available, or feasible with development, for water, sewer and storm water services; and(B)
Adequate consideration is given to the financing, scheduling and development of urban services, as defined in ORS 195.065 (Agreements required).(i)
Land use regulations for transportation that:(A)
Ensure the development of adequate infrastructure to support walking, bicycling, public transit and motor vehicle movement; and(B)
Give adequate consideration to transportation networks that connect the Stevens Road tract to other areas within the urban growth boundary of the city.(j)
The adequate consideration of the recommendations and comments received under section 8 (3) to (5) of this 2021 Act.(2)
The department may not approve the planning amendments under subsection (1) of this section unless the planning amendments designate at least 20 net acres of land to be:(a)
Restricted so the area may be zoned, planned, sited or developed only for residential housing units at a minimum density of nine residential units per gross acre;(b)
Conveyed to the city at a price per acre established under section 4 (2)(b) of this 2021 Act; and(c)
Notwithstanding ORS 91.225 (Local rent control prohibited) or 197.309 (Local requirements to develop affordable housing), preserved for a period of no less than 50 years as affordable to own or rent as follows:(A)
At least 12 net acres made affordable to:(i)
Households with incomes of 60 percent or less of the area median income, as defined in ORS 456.270 (Definitions for ORS 456.270 to 456.295); or(ii)
If part of an income-averaging program approved by the Housing and Community Services Department, households whose incomes average 60 percent or less of the area median income.(B)
At least six net acres:(i)
Made affordable to households with incomes of 80 percent or less of the area median income; and(ii)
Made available, to the extent permitted by law, in a manner that gives a priority to households in which at least one individual is employed by an education provider over other members of the public.(C)
At least two net acres in which at least 80 percent of the units in each contiguous development tract are made affordable to households with 80 percent or less of the area median income, of which at least one net acre is made available, to the extent permitted by law, in a manner that gives a priority to households in which at least one individual is employed by an education provider over other members of the public.(3)
Upon a partition or subdivision of the Stevens Road tract following the approval of the planning amendments under subsection (1) of this section establishing one or more lots or parcels described in subsection (2) of this section, the owner shall transfer those lots or parcels to the city. For a period of 99 years after the purchase of property under this section, if the city resells any lot or parcel, the city may recover only the city’s costs of the purchase and resale of the property.(4)
Neither the city nor the Department of Land Conservation and Development is obligated to adopt any specific findings or evaluate any specific criteria in exercising its discretion with respect to any Stevens Road planning amendments under this section and may receive, solicit or consider information from any source.(5)
As used in this section, “education provider” means a school district as defined in ORS 332.002 (Definitions for chapter), an educational program under the Youth Corrections Education Program or Juvenile Detention Education Program as both are defined in ORS 326.695 (Definitions for ORS 326.700 and 326.712), or an education service district as defined in ORS 334.003 (Definitions for chapter). [2021 c.552 §9]
Source:
Section 197.430 — Enforcement powers, https://www.oregonlegislature.gov/bills_laws/ors/ors197.html.
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