ORS 215.429
Mandamus proceeding when county fails to take final action on land use application within specified time

  • jurisdiction
  • notice
  • peremptory writ

(1)

Except when an applicant requests an extension under ORS 215.427 (Final action on permit or zone change application), if the governing body of the county or its designee does not take final action on an application for a permit, limited land use decision or zone change within 120 days or 150 days, as appropriate, after the application is deemed complete, the applicant may file a petition for a writ of mandamus under ORS 34.130 (Petition for writ) in the circuit court of the county where the application was submitted to compel the governing body or its designee to issue the approval.

(2)

The governing body shall retain jurisdiction to make a land use decision on the application until a petition for a writ of mandamus is filed. Upon filing a petition under ORS 34.130 (Petition for writ), jurisdiction for all decisions regarding the application, including settlement, shall be with the circuit court.

(3)

A person who files a petition for a writ of mandamus under this section shall provide written notice of the filing to all persons who would be entitled to notice under ORS 197.797 (Local quasi-judicial land use hearings) and to any person who participated orally or in writing in any evidentiary hearing on the application held prior to the filing of the petition. The notice shall be mailed or hand delivered on the same day the petition is filed.

(4)

If the governing body does not take final action on an application within 120 days or 150 days, as appropriate, of the date the application is deemed complete, the applicant may elect to proceed with the application according to the applicable provisions of the county comprehensive plan and land use regulations or to file a petition for a writ of mandamus under this section. If the applicant elects to proceed according to the local plan and regulations, the applicant may not file a petition for a writ of mandamus within 14 days after the governing body makes a preliminary decision, provided a final written decision is issued within 14 days of the preliminary decision.

(5)

The court shall issue a peremptory writ unless the governing body or any intervenor shows that the approval would violate a substantive provision of the county comprehensive plan or land use regulations as those terms are defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325). The writ may specify conditions of approval that would otherwise be allowed by the county comprehensive plan or land use regulations. [1999 c.533 §7; 1999 c.393 §5]

Source: Section 215.429 — Mandamus proceeding when county fails to take final action on land use application within specified time; jurisdiction; notice; peremptory writ, https://www.­oregonlegislature.­gov/bills_laws/ors/ors215.­html.

Notes of Decisions

Landowner’s application to county to broaden categories of commercial uses permitted on landowner’s land was application for proposed development of land. State ex rel Schrodt v. Jackson County, 262 Or App 437, 324 P3d 615 (2014)

Where plaintiff filed mandamus petition 11 days after hearings official issued final written decision to deny plaintiff’s land use permit application, plaintiff’s filing was premature because “governing body” as used in this section includes designee of governing body and this section requires plaintiff to wait 14 days after written decision to file mandamus petition. State ex rel Willamette Community Health Solutions v. Lane County, 274 Or App 545, 361 P3d 613 (2015)

Land use mandamus proceeding is not available remedy for applicant requesting determination of lot-of-record status, because request does not constitute request for approval of proposed development of land. State ex rel Kine v. Deschutes County, 307 Or App 290, 477 P3d 417 (2020)

215.010
Definitions 215.020
Authority to establish county planning commissions 215.030
Membership of planning commission 215.042
Planning director 215.044
Solar access ordinances 215.047
Effect of comprehensive plan and land use regulations on solar access ordinances 215.050
Comprehensive planning, zoning and subdivision ordinances 215.060
Procedure for action on plan 215.080
Power to enter upon land 215.090
Information made available to commission 215.100
Cooperation with other agencies 215.110
Recommendations for implementation of comprehensive plan 215.130
Application of ordinances and comprehensive plan 215.135
Expansion of nonconforming school in exclusive farm use zone 215.170
Authority of cities in unincorporated area 215.185
Remedies for unlawful structures or land use 215.190
Violation of ordinances or regulations 215.203
Zoning ordinances establishing exclusive farm use zones 215.209
Department of Land Conservation and Development database 215.211
Agricultural land 215.212
Soils Assessment Fund 215.213
Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993 215.215
Reestablishment of nonfarm use 215.218
Certain private hunting preserves not subject to land use approval 215.223
Procedure for adopting zoning ordinances 215.233
Validity of ordinances and development patterns adopted before September 2, 1963 215.236
Nonfarm dwelling in exclusive farm use zone 215.237
Events or activities conducted by winery in exclusive farm use zone or mixed farm and forest zone 215.238
Attorney fees in action for nuisance or trespass relating to agri-tourism event or activity 215.239
Siting of agri-tourism event or activity 215.243
Agricultural land use policy 215.246
Approval of land application of certain substances 215.247
Transport of biosolids to tract of land for application 215.249
Division of land for application of biosolids 215.251
Relationship to other farm uses 215.253
Restrictive local ordinances affecting farm use zones prohibited 215.255
Farm product processing facility 215.262
Legislative findings related to nonfarm dwellings 215.263
Land divisions in exclusive farm use zones 215.265
Land divisions 215.273
Applicability to thermal energy power plant siting determinations 215.274
Associated transmission lines necessary for public service 215.275
Utility facilities necessary for public service 215.276
Required consultation for transmission lines to be located on high-value farmland 215.277
Farmworker housing 215.278
Accessory dwellings for farmworkers 215.279
Farm income standard for dwelling in conjunction with farm use 215.281
Legislative findings related to dwellings in conjunction with commercial dairy farm 215.282
Dwellings in conjunction with commercial dairy farm 215.283
Uses permitted in exclusive farm use zones in nonmarginal lands counties 215.284
Dwelling not in conjunction with farm use 215.291
Alteration, restoration or replacement of lawfully established dwelling 215.293
Dwelling in exclusive farm use or forest zone 215.294
Railroad facilities handling materials regulated under ORS chapter 459 or 466 215.296
Standards for approval of certain uses in exclusive farm use zones 215.297
Verifying continuity for approval of certain uses in exclusive farm use zones 215.298
Mining in exclusive farm use zone 215.299
Policy on mining resource lands 215.301
Blending materials for cement prohibited near vineyards 215.304
Rule adoption 215.306
Conducting filming activities in exclusive farm use zones 215.311
Log truck parking in exclusive farm use zones 215.312
Public safety training facility 215.316
Termination of adoption of marginal lands 215.317
Permitted uses on marginal land 215.327
Divisions of marginal land 215.401
Preapplication process for land use approval of disposal site for composting 215.402
Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780 215.406
Planning and zoning hearings officers 215.412
Adoption of hearing procedure and rules 215.416
Permit application 215.417
Time to act under certain approved permits 215.418
Approval of development on wetlands 215.422
Review of decision of hearings officer or other authority 215.425
Review of decision relating to aggregate resources 215.427
Final action on permit or zone change application 215.429
Mandamus proceeding when county fails to take final action on land use application within specified time 215.431
Plan amendments 215.433
Supplemental application for remaining permitted uses following denial of initial application 215.435
Deadline for final action by county on remand of land use decision 215.437
Mandamus proceeding when county fails to take final action within specified time on remand of land use decision 215.438
Transmission towers 215.439
Solar energy systems in residential or commercial zones 215.441
Use of real property for religious activity 215.445
Use of private property for mobile medical clinic 215.446
Renewable energy facility 215.447
Photovoltaic solar power generation facilities on high-value farmland 215.448
Home occupations 215.449
Farm brewery 215.451
Cider business 215.452
Winery 215.453
Large winery 215.454
Lawful continuation of certain winery-related uses or structures 215.455
Effect of approval of winery on land use laws 215.456
Siting winery as commercial activity in exclusive farm use zone 215.457
Youth camps allowed in forest zones and mixed farm and forest zones 215.459
Private campground in forest zones and mixed farm and forest zones 215.461
Guest ranch 215.462
Limitations on guest ranch 215.495
Accessory dwelling units in rural residential zones 215.501
Conversion of historic homes to accessory dwelling units in rural residential zones 215.503
Legislative act by ordinance 215.513
Forwarding of notice to property purchaser 215.605
Counties authorized to adopt housing codes 215.606
Standards for clustered mailboxes in county roads and rights-of-way 215.615
Application and contents of housing ordinances 215.700
Resource land dwelling policy 215.705
Dwellings in farm or forest zone 215.710
High-value farmland description for ORS 215.705 215.720
Criteria for forestland dwelling under ORS 215.705 215.730
Additional criteria for forestland dwelling under ORS 215.705 215.740
Large tract forestland dwelling 215.750
Alternative forestland dwelling 215.755
Other forestland dwellings 215.757
Accessory dwellings supporting family forestry 215.760
Agricultural buildings on land zoned for forest use or mixed farm and forest use 215.780
Minimum lot or parcel sizes 215.783
Land division to preserve open space or park 215.785
Exception to minimum lot or parcel sizes 215.788
Legislative review of lands zoned for farm and forest use 215.791
Review of nonresource lands for ecological significance 215.794
Review of county rezoning designations 215.799
Location of dwellings on wildlife habitat land
Green check means up to date. Up to date

Current through early 2024

§ 215.429’s source at oregon​.gov