ORS 197A.513
Plan amendments
- approvals
- petition for writ of mandamus
(1)
The state, Metro, all affected local governments and any affected special districts and political subdivisions shall:(a)
Amend their comprehensive, functional or regional framework plans, including public facility plans, transportation system plans and all applicable land use regulations, as necessary to be consistent with a land use final order adopted under ORS 197A.509 (Development of land use final order) and 197A.511 (Land use final order); and(b)
Issue the appropriate development approval, permit, license, certificate or other approval necessary for the construction of the project or project improvements to implement a land use final order as necessary to avoid significantly delaying the completion or implementation of the project. Development approvals, permits, licenses, certificates or other approvals may be subject only to reasonable and necessary conditions of approval but those conditions may not, by themselves or cumulatively, prevent implementation of a land use final order.(2)
For the purposes of subsection (1)(b) of this section:(a)
An approval condition is not reasonable or necessary, or is considered to prevent implementation of a land use final order, if the approval condition applies to a measure, improvement or development that:(A)
Is not included in the scope of the project in the Full Funding Grant Agreement;(B)
Does not qualify for federal New Starts funding pursuant to 49 U.S.C. 5309;(C)
Is not physically and functionally necessary for the project; or(D)
The steering committee established under ORS 197A.509 (Development of land use final order) has determined:(i)
To be infeasible using the federal, state and local funds within the project budget;(ii)
Will significantly delay the completion or otherwise prevent the timely implementation of the project; or(iii)
Will have a significant negative impact on the operations of the project.(b)
In the event that a land use approval is delayed causing significant delay of the completion or implementation of the project, TriMet may pursue any remedy available in law or equity. Not less than 10 days prior to commencing an action for relief under this section, TriMet shall provide written notice to each local government to which TriMet submitted an application for a land use decision relating to the project.(3)
Intentionally left blank —Ed.(a)
If the state, Metro or an affected local government, special district or political subdivision does not take final action on an application for a development approval, permit, license, certificate or other approval as required under subsection (1) of this section, TriMet may file a petition for a writ of mandamus according to the procedures for cities described in ORS 227.179 (Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days).(b)
Notwithstanding ORS 227.179 (Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days) (5), the court shall issue a peremptory writ unless the governing body or any intervenor shows that the approval would violate the criteria adopted by the Land Conservation and Development Commission under ORS 197A.505 (Establishment of criteria for decisions in land use final order).(4)
Each affected local government, special district or political subdivision that issues a development approval, permit, license, certificate or other approval for the project under subsection (1)(b) of this section shall continue to exercise enforcement authority over the development approval, permit, license, certificate or other approval.(5)
An amendment to the plan or a land use regulation required under subsection (1)(a) of this section is not subject to review by any court or agency.(6)
Intentionally left blank —Ed.(a)
Development approvals issued under subsection (1)(b) of this section shall be treated as land use decisions, but not as limited land use decisions.(b)
Development approvals, permits, licenses, certificates and other approvals issued under subsection (1)(b) of this section may be the subject of administrative and judicial review as provided by law.(7)
Steering committee determinations made under subsection (2)(a)(D) of this section shall control in the event of a conflict and are not subject to review. [2017 c.714 §8]
Source:
Section 197A.513 — Plan amendments; approvals; petition for writ of mandamus, https://www.oregonlegislature.gov/bills_laws/ors/ors197A.html.
Up to date