Oregon Land Use Planning (1-OR-a)
The DLCD regulates land use planning in Oregon pursuant to Or. Rev. Stat. §§ 197.005-197.860 and Or. Admin. R. 660-001-0000–660-045-0180.
Land Use Planning Process
1-OR-a.1– Make Finding of Need to Amend Statewide Goal
The DLCD must determine if a statewide goal needs to be amended to allow the project. DLCD may amend statewide goals under Or. Rev. Stat. § 197.245. When amending a goal, the DLCD must make a finding of statewide need for adopting a new statewide goal. Or. Rev. Stat. § 197.230(d). In making this finding, the DLCD will identify economic and property interests involved, likely economic impacts, and consider alternatives. Or. Rev. Stat. § 197.230.
1-OR-a.2 to 1-OR-a.4 – Provide Notice of Public Hearings
Oregon law requires the DLCD to hold at least ten (10) public hearings during the process of preparing goals. Or. Rev. Stat. § 197.235(1)(a). Prior to holding public hearings, the DLCD is required to provide public notice in the Secretary of State’s Bulletin and via mail to relevant parties. Or. Admin. R. 660-001-0000.
1-OR-a.5 to 1-OR-a.9 - Review Proposed Goal Amendment
Upon receipt, the Commission will review the proposed goal amendment for compliance with statutory and regulatory requirements. As part of the process, the Commission will hold at least one public hearing. Or. Rev. Stat. § 197.240(1). When making its final decision, the Commission is required to consider comments from the public and local officials. The Commission may make any changes to the proposed goal amendment that it considers necessary prior to adopting the proposed amendment. Or. Rev. Stat. § 197.240(2). A proposed goal amendment will be adopted only if it complies with all statutory and regulatory requirements.
1-OR-a.10 – Amended Statewide Planning Goal
The amendment process results in a revised set of statewide planning goals. This set of statewide planning goals guides the amendment of local comprehensive plans. For example, the DLCD set forth goals 5 and 13 which respectively establish planning goals for natural resources and energy sources conservation. Along with these goals, the DLCD also sets forth guidelines which suggest methods to local planning commissions for reaching the statewide planning goals. Guidelines are merely advisory in nature. Or. Rev. Stat. § 197.015(9). The DLCD publishes a comprehensive compilation of the statewide goals and guidelines entitled Oregon Statewide Planning Goals and Guidelines.
In addition, compliance criteria for particular goals are guided by DLCD regulation in OAR, Chapter 660. For example, with Goal 5, the DLCD set forth goals and guidelines for planning to protect natural resources. The Goal requires energy resources be inventoried and provides guidelines for planning and implementation. Or. Admin. R. 660-016 and Or. Admin. R. 660-023 set forth compliance criteria for Goal 5. The compliance criteria include specific procedure and requirements for resource inventory, identifying conflicting uses, developing a program to achieve the goal, landowner involvement, and planning and regulating the development of mineral and aggregate resources. Under Or. Admin. R. 660-023-0190 geothermal resources are within the definition of energy sources for purposes of Goal 5.
1-OR-a.11 to 1-OR-a.13– Is the Local Comprehensive Plan for a City With a Population of Over 10,000?
The DLCD is required by statute to conduct periodic reviews of local comprehensive plans for cities with populations over 10,000. The review ensures continued compliance with statewide planning goals, statutes, and regulations. Or. Rev. Stat. § 197.628 to 197.651. Periodic reviews occur every four to ten years based on a schedule established the by DLCD under Or. Admin. R. 660-025. In addition, a city or county may request periodic review be initiated outside the schedule. Or. Admin. R. 660-0025-0035. Upon review, if the DLCD determines a comprehensive plan requires amendment, the city is required to amend its acknowledged comprehensive plan. Or. Rev. Stat. § 197.633.
1-OR-a.14– Amend Local Comprehensive Plan as Necessary
Under Or. Rev. Stat. § 197.175(2)(a), cities and counties are required to adopt amendments to comprehensive plans as necessary to comply with statewide goals approved by the commission, land use regulations and zoning ordinances, and the numerous statutory requirements contained in Or. Rev. Stat. §§ 195, 196, 197, 215. Changes in local conditions might require amendment to a local comprehensive plan so that the plan remains in compliance with applicable land use statutes, statewide goals, and Commission rules. Or. Rev. Stat. § 197.628. In addition, cities and counties are required to amend comprehensive plans to meet any new statutory requirement imposed by the state legislature. Or. Rev. Stat. § 197.646.
1-OR-a.15 to 1-OR-a.16 – Submit Amendment to Local Comprehensive Plan to DLCD
Proposed amendments to acknowledged comprehensive plans must be submitted to the DLCD more than 35 days before the first evidentiary hearing. Or. Rev. Stat. § 197.610(1). Upon receipt, DLCD is required to provide notice to interested and affected parties. Or. Rev. Stat. § 197.610(4).
1-OR-a.17 to 1-OR-a.19 – Does the Proposed Amendment Comply With Applicable Statutes, Goals, and Rules?
If the DLCD determines that a proposed amendment does not comply with applicable land use statutes, statewide goals, or Commission rules, it must notify the city or county the proposed amendment must be changed. Or. Rev. Stat. § 197.610(7). If the required change modifies the proposed amendment to the extent that the materials previously submitted to the DLCD no longer reasonably describe the proposed amendment, the city or county must resubmit a new proposal to the DLCD. Or. Rev. Stat. § 197.610(6).
1-OR-a.20 to 1-OR-a.22 – Adopt Proposed Amendment to Local Comprehensive Plan
If the amendment complies with applicable land use statutes, statewide goals, and Commission rules, the city or county may adopt the proposed amendment. Once adopted, the city or county must submit the adopted amendment to the DLCD within 20 days. Or. Rev. Stat. § 167.615. This process results with an amended local comprehensive plan which, after adopted, guides local land use planning decisions for the adopting city or county. Each local comprehensive plan has two main parts: (1) an inventory element containing data and information describing resources and features, and (2) a policy element describing long-range objectives and policies to achieve them.
Note that there are no statewide procedural requirements for adopting amendments to local comprehensive plans. To fully understand the planning process, developers should refer to the procedural requirements of the local jurisdiction.
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Oregon Department of Land Conservation and Development
Oregon Department of Land Conservation and Development - General Information 503-373-0050 dlcdabbazabbainfo@stateabbazabbaorabbazabbaus Visit Website