(2) Notwithstanding the requirements of ORS 197.830 (2) that a person have appeared before the local government orally or in writing to seek review of a land use decision, the Director of the Department of Land Conservation and Development or any other person may appeal the decision to the Land Use Board of Appeals if:
(a) The local government failed to submit all of the materials described in ORS 197.610 (3) or, if applicable, ORS 197.610 (6), and the failure to submit the materials prejudiced substantial rights of the Department of Land Conservation and Development or the person;
(b) Except as provided in subsection (3) of this section, the local government submitted the materials described in ORS 197.610 (3) or, if applicable, ORS 197.610 (6), after the deadline specified in ORS 197.610 (1) or (6) or rules of the Land Conservation and Development Commission, whichever is applicable; or
(c) The decision differs from the proposed changes submitted under ORS 197.610 to such an extent that the materials submitted under ORS 197.610 do not reasonably describe the decision.
(3) Subsection (2)(b) of this section does not authorize an appeal if the local government cures an untimely submission of materials as provided in this subsection. A local government may cure the untimely submission of materials by either:
(a) Postponing the date for the final evidentiary hearing by the greater of 10 days or the number of days by which the submission was late; or
(b) Holding the evidentiary record open for an additional period of time equal to 10 days or the number of days by which the submission was late, whichever is greater. Additionally, the local government shall provide notice of the postponement or record extension to the Department of Land Conservation and Development. [1981 c.748 §5a; 1983 c.827 §8; 1989 c.761 §21; 1991 c.612 §13a; 2011 c.280 §3]
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 197 - Comprehensive Land Use Planning I
Section 197.005 - Legislative findings.
Section 197.012 - Compact urban development.
Section 197.015 - Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325.
Section 197.022 - Policy regarding ORS 215.433 and 227.184.
Section 197.035 - Officers; quorum; compensation and expenses.
Section 197.040 - Duties of commission; rules.
Section 197.045 - Powers of commission.
Section 197.050 - Interstate agreements and compacts; commission powers.
Section 197.060 - Biennial report; draft submission to legislative committee; contents.
Section 197.065 - Biennial report analyzing uses of certain land; annual local government reports.
Section 197.075 - Department of Land Conservation and Development.
Section 197.085 - Director; appointment; compensation and expenses.
Section 197.090 - Duties and authority of director; appealing local land use decision; rules.
Section 197.095 - Land Conservation and Development Account.
Section 197.158 - Policy-neutral review and audit of statewide land use program.
Section 197.173 - Findings regarding coordination between state agencies and local governments.
Section 197.195 - Limited land use decision; procedures.
Section 197.230 - Considerations; finding of need required for adoption or amendment of goal.
Section 197.240 - Commission action; public hearing; notice; amendment; adoption.
Section 197.254 - Bar to contesting acknowledgment, appealing or seeking amendment.
Section 197.265 - State compensation for costs of defending compliance actions.
Section 197.274 - Review of Metro regional framework plan.
Section 197.277 - Oregon Forest Practices Act; exclusion.
Section 197.279 - Approved wetland conservation plans comply with goals; exception; rules.
Section 197.283 - Commission to assure protection of ground water resources.
Section 197.286 - Definitions for ORS 197.286 to 197.314 and 197.475 to 197.490.
Section 197.290 - Housing production strategy.
Section 197.291 - Review of housing production strategy.
Section 197.293 - Identification of cities with unmet housing needs; effect.
Section 197.297 - Analysis of housing capacity and needed housing in Metro cities.
Section 197.298 - Priority of land to be included within urban growth boundary.
Section 197.299 - Metro accommodation of needed housing and school lands.
Section 197.301 - Metro report of performance measures.
Section 197.302 - Metro determination of buildable land supply; corrective action; enforcement.
Section 197.303 - "Needed housing" defined.
Section 197.304 - Lane County accommodation of needed housing.
Section 197.308 - Affordable housing allowed outright; density bonuses.
Section 197.309 - Local requirements to develop affordable housing.
Section 197.312 - Limitation on city and county prohibitions.
Section 197.314 - Required siting of manufactured homes; minimum lot size; approval standards.
Section 197.319 - Procedures prior to request of an enforcement order.
Section 197.320 - Power of commission to order compliance with goals and plans.
Section 197.324 - Proceedings prior to order of compliance with goals; disclosure notice.
Section 197.328 - Procedures to consider order to comply with goals.
Section 197.340 - Weight given to goals in planning practice; regional diversity and needs.
Section 197.350 - Burden of persuasion or proof in appeal to board or commission.
Section 197.353 - Measure 37 timelines; death of claimant.
Section 197.360 - "Expedited land division" defined; applicability.
Section 197.365 - Application; notice to neighbors; comment period.
Section 197.370 - Failure of local government to timely act on application.
Section 197.375 - Appeal of local government to referee; Court of Appeals.
Section 197.390 - Activities on federal land; list; permit required; enjoining violations.
Section 197.395 - Application for permit; review and issuance; conditions; restrictions; review.
Section 197.410 - Use and activities regulated; enjoining violations.
Section 197.416 - Metolius Area of Critical State Concern.
Section 197.430 - Enforcement powers.
Section 197.431 - Expansion of speedway destination site.
Section 197.432 - Definitions for ORS 197.431 to 197.434.
Section 197.433 - Development of major motor speedway.
Section 197.434 - Traffic impacts of speedway destination.
Section 197.435 - Definitions for ORS 197.435 to 197.467.
Section 197.440 - Legislative findings.
Section 197.445 - Destination resort criteria; phase-in requirements; annual accounting.
Section 197.455 - Siting of destination resorts; sites from which destination resort excluded.
Section 197.465 - Comprehensive plan implementing measures.
Section 197.467 - Conservation easement to protect resource site.
Section 197.480 - Planning for parks; procedures; inventory.
Section 197.485 - Prohibition on restrictions of manufactured dwelling.
Section 197.488 - Replacement of park destroyed by natural disaster.
Section 197.490 - Restriction on establishment of park.
Section 197.492 - Definitions for ORS 197.492 and 197.493.
Section 197.493 - Placement and occupancy of recreational vehicle.
Section 197.505 - Definitions for ORS 197.505 to 197.540.
Section 197.510 - Legislative findings.
Section 197.520 - Manner of declaring moratorium.
Section 197.522 - Local government to approve subdivision, partition or construction; conditions.
Section 197.530 - Correction program; procedures.
Section 197.540 - Review by Land Use Board of Appeals.
Section 197.620 - Appeal of certain comprehensive plan or land use regulation decision-making.
Section 197.627 - Meaning of "compliance with the goals" for certain purposes.
Section 197.628 - Periodic review; policy; conditions that indicate need for periodic review.
Section 197.629 - Schedule for periodic review; coordination.
Section 197.636 - Procedures and actions for failure to meet periodic review deadlines.
Section 197.646 - Implementation of new requirement in goal, rule or statute; rules.
Section 197.649 - Fees for notice; rules.
Section 197.650 - Appeal to Court of Appeals; standing.
Section 197.652 - Regional problem-solving process.
Section 197.654 - Regional problem-solving goals, actions and agreements; implementation.
Section 197.660 - Definitions.
Section 197.663 - Legislative findings.
Section 197.665 - Locations of residential homes.
Section 197.667 - Location of residential facility; application and supporting documentation.
Section 197.680 - Legislative findings.
Section 197.685 - Location of farmworker housing; approval standards.
Section 197.714 - Cooperation of county and city concerning industrial development.
Section 197.716 - Industrial and employment uses in listed counties; economic opportunity analysis.
Section 197.722 - Definitions for ORS 197.722 to 197.728.
Section 197.723 - Designation of regionally significant industrial areas; rules.
Section 197.726 - Jurisdiction on appeal; standing.
Section 197.727 - Fee for review.
Section 197.732 - Goal exceptions; criteria; rules; review.
Section 197.734 - Exceptions to certain statewide planning goal criteria; rules.
Section 197.746 - Transitional housing accommodations.
Section 197.748 - Conversion of hotel or motel to emergency shelter or affordable housing.
Section 197.752 - Lands available for urban development.
Section 197.754 - Land identified for urban services; capital improvement plan; tax assessment.
Section 197.756 - Farm use assessment in area identified for urban services.
Section 197.758 - Development of middle housing; local regulations.
Section 197.761 - Development of residential platted lot.
Section 197.764 - Application to remove property from within urban growth boundary; conditions.
Section 197.766 - Laws applicable to certain local decisions regarding urban growth boundary.
Section 197.770 - Firearms training facilities.
Section 197.772 - Consent for designation as historic property.
Section 197.782 - Emergency shelters developed under temporary authorization.
Section 197.791 - Inventory of local government surplus real property; report.
Section 197.797 - Local quasi-judicial land use hearings; notice requirements; hearing procedures.
Section 197.798 - Rules regulating transportation improvements by city or county.
Section 197.810 - Land Use Board of Appeals; appointment and removal of members; qualifications.
Section 197.815 - Office location; proceedings may be conducted by telephone.
Section 197.820 - Duty to conduct review proceedings; authority to issue orders; rules.
Section 197.825 - Jurisdiction of board; limitations; effect on circuit court jurisdiction.
Section 197.828 - Board review of limited land use decision.
Section 197.829 - Board to affirm certain local government interpretations.
Section 197.835 - Scope of review; rules.
Section 197.840 - Exceptions to deadline for final decision.
Section 197.843 - Attorney fees for applicant developing affordable housing.
Section 197.845 - Stay of decision being reviewed; criteria; undertaking; conditions; limitations.
Section 197.855 - Deadline for final court order; exceptions.