County Planning

ORS 215.431
Plan amendments

  • hearings by planning commission or hearings officer
  • exceptions


(1)

A county governing body may authorize, by ordinance or order, the planning commission or hearings officer to conduct hearings on applications for plan amendments and to make decisions on such applications.

(2)

A decision of the planning commission or hearings officer on a plan amendment may be appealed to the county governing body.

(3)

This section shall apply notwithstanding the provisions of ORS 215.050 (Comprehensive planning, zoning and subdivision ordinances), 215.060 (Procedure for action on plan) and 215.110 (Recommendations for implementation of comprehensive plan).

(4)

A decision of a planning commission, hearings officer or county governing body under this section shall comply with the post-acknowledgment procedures set forth in 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).

(5)

This section does not apply to:

(a)

Any plan amendment for which an exception is required under ORS 197.732 (Goal exceptions); or

(b)

Except as provided under subsection (6) of this section, any lands designated under a statewide planning goal addressing agricultural lands or forestlands.

(6)

(a) If a county is acting on the remand of a decision from the Land Use Board of Appeals, the county governing body may authorize the planning commission or hearings officer to conduct hearings and make a decision under subsection (1) of this section for lands designated under a statewide planning goal addressing agricultural lands or forestlands.

(b)

The county governing body shall review a planning commission or hearings officer decision made under this subsection and shall:

(A)

Schedule a public hearing and issue a final decision on the application;

(B)

Leave the planning commission or hearings officer decision as the final county decision; or

(C)

Adopt the planning commission or hearings officer decision by consent order as the decision of the governing body. [1987 c.729 §20; 2018 c.117 §1]
Chapter 215

Notes of Decisions

Published notice is adequate if property owners can reasonably ascertain that property in which they hold interest may be affected. Clackamas County v. Emmert, 14 Or App 493, 513 P2d 532 (1973), Sup Ct review denied

Statutory scheme establishing LCDC and granting it authority to establish state-wide land use planning goals does not unconstitutionally delegate legislative power where both standards (under this chapter) and safeguards ([former] ORS 197.310) exist. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978)

Where county had not yet adopted comprehensive plan but had zoned certain portions "primarily agricultural," county had not enacted adequate interim measures to protect its agricultural land until exclusive farm use zoning was completed. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980)

Atty. Gen. Opinions

Fasano v. Bd. of County Commrs., application to county governing bodies and planning commissions, (1974) Vol 36, p 960; binding effect on governmental agencies of the adoption of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894

Law Review Citations

36 EL 25 (2006)


Source

Last accessed
Jun. 26, 2021