Bill Text: OR SB645 | 2013 | Regular Session | Introduced
Bill Title: Relating to local land use approvals of land uses subject to other governmental permits.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB645 Detail]
Download: Oregon-2013-SB645-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } . LC 2719 Senate Bill 645 Sponsored by COMMITTEE ON BUSINESS AND TRANSPORTATION SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Prohibits local government from imposing standards or conditions of approval for land use permits that are more restrictive than standards or conditions of approval applied in federal or state regulatory permits except in case of preexisting regulatory program of local government. A BILL FOR AN ACT Relating to local land use approvals of land uses subject to other governmental permits. Be It Enacted by the People of the State of Oregon: SECTION 1. { + Section 2 of this 2013 Act is added to and made a part of ORS 215.402 to 215.438. + } SECTION 2. { + (1) A county may not impose or enforce a standard or condition of approval for a land use permit that is more restrictive than the standards or conditions applied in a required state or federal regulatory permit unless the county has adopted a specific, preexisting regulatory program that applies clear and objective standards to the land use. (2) If a required federal or state regulatory permit has not been issued for the land use that is the subject of a land use application when the county issues a permit or adopts changes to the comprehensive plan, and land use regulations implementing the plan, the county: (a) Shall condition the permit or adopted changes on obtaining the required federal or state regulatory permits; and (b) May not apply or enforce standards or conditions in the permit that are more restrictive than the standards or conditions applied in the required state or federal regulatory permits unless the county has adopted a specific, preexisting regulatory program that applies clear and objective standards to the land use. + } SECTION 3. { + Section 4 of this 2013 Act is added to and made a part of ORS 227.160 to 227.186. + } SECTION 4. { + (1) A city may not impose or enforce a standard or condition of approval for a land use permit that is more restrictive than the standards or conditions applied in a required state or federal regulatory permit unless the city has adopted a specific, preexisting regulatory program that applies clear and objective standards to the land use. (2) If a required federal or state regulatory permit has not been issued for the land use that is the subject of a land use application when the city issues a permit or adopts changes to the comprehensive plan, and land use regulations implementing the plan, the city: (a) Shall condition the permit or adopted changes on obtaining the required federal or state regulatory permits; and (b) May not apply or enforce standards or conditions in the permit that are more restrictive than the standards or conditions applied in the required state or federal regulatory permits unless the city has adopted a specific, preexisting regulatory program that applies clear and objective standards to the land use. + } SECTION 5. { + Sections 2 and 4 of this 2013 Act apply to land use applications filed on or after the effective date of this 2013 Act. + } ----------