Bill Text: OR SB716 | 2013 | Regular Session | Introduced

Oregon Senate Bill 716 (Prior Session Legislation)

Bill Title: Relating to land use planning; declaring an emergency.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB716 Detail]

Download: Oregon-2013-SB716-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 3465

                         Senate Bill 716

Sponsored by Senator FERRIOLI; Senators BAERTSCHIGER JR, BOQUIST,
  GEORGE, GIROD, HANSELL, KNOPP, KRUSE, OLSEN, WHITSETT, WINTERS
  (at the request of Oregonians in Action)

                             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.

  Allows local government, in county whose population is not
growing and that has population of less than 50,000, to alter
comprehensive plan map designations notwithstanding statewide
land use planning goals relating to agricultural land and
forestland.
  Requires appellate review of quasi-judicial land use decisions
and limited land use decisions directly related to and made in
response to land use application to be conducted in single
proceeding in which Land Use Board of Appeals has joined all
appeals.
  Suspends operation of specified provisions of transportation
planning rules. Sunsets provision causing suspension of rules on
June 30, 2015.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to land use planning; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + In a county that has a population of less than
50,000, based on the most recent federal decennial census, and
that has not grown in population in the years since the previous
federal decennial census, a local government in its discretion
may change the comprehensive plan map designation of land for
exclusive farm use, forest use or mixed farm and forest use by
legislative action of the governing body of the local government
or in response to a land use application, notwithstanding
statewide land use planning goals relating to agricultural lands
or forestlands. + }
  SECTION 2.  { + Section 3 of this 2013 Act is added to and made
a part of ORS 197.830 to 197.845. + }
  SECTION 3.  { + (1) When a local government considers an
application, the approval or denial of which requires the local
government to make multiple quasi-judicial land use decisions or
limited land use decisions in relation to real property that is
the object of the application, the local government shall make
findings that identify each quasi-judicial land use decision or
limited land use decision that is related to and made in direct
response to the application.

  (2) A person seeking Land Use Board of Appeals review of a
quasi-judicial land use decision or a limited land use decision
described in subsection (1) of this section shall comply with all
provisions of ORS 197.830 to 197.855, including the requirement
to timely file a notice of intent to appeal pursuant to ORS
197.830.
  (3) Upon receipt of a notice of intent to appeal a decision
described in subsection (1) of this section, the board shall:
  (a) Toll the operation of timelines described in ORS 197.830,
except the timeline for other persons to file notices of intent
to appeal, until the local government grants final approval or
denial of the application;
  (b) Join in a single proceeding all separate appeals of the
related decisions made in direct response to the application;
  (c) Notify parties of the tolling of timelines as the parties
are joined in the proceeding; and
  (d) Review in a single proceeding all related quasi-judicial
land use decisions and limited land use decisions made in direct
response to the application.
  (4) When a local government has notice that a notice of intent
to appeal has been filed with respect to a quasi-judicial land
use decision or limited land use decision described in subsection
(1) of this section:
  (a) The local government shall notify the board and all parties
joined in the single review proceeding that the local government
has taken final action on the application; and
  (b) The board shall notify parties, as necessary, of
adjustments to due dates under the timelines based on the tolling
of timelines pursuant to this section. + }
  SECTION 4.  { + The Legislative Assembly finds and declares
that:
  (1) Land use planning in this state combines statewide
goal-setting with local and regional implementation.
  (2) Certain administrative rules upset the balance between
planning and implementation.
  (3) By limiting the effect of certain administrative rules, the
Legislative Assembly can:
  (a) Improve the balance of priorities between goal-setting and
implementation;
  (b) Increase the efficiency of land use planning; and
  (c) Improve the ability of local and regional governments to
plan based on local and regional differences. + }
  SECTION 5.  { + (1) Notwithstanding a statewide land use
planning goal related to transportation planning, when a local
government approves a quasi-judicial zone change based on the
local government's acknowledged comprehensive plan and the zone
change is consistent with the real property's comprehensive plan
map designation, the local government may approve the zone change
without complying with administrative rules that require:
  (a) A determination of whether the development will have a
significant effect on an existing or planned transportation
facility; or
  (b) Mitigation of significant effects on the transportation
facility.
  (2) If the zone change involves a change to a land use
regulation that must be submitted for acknowledgement pursuant to
ORS 197.610 to 197.625:
  (a) The local government is not required, pursuant to ORS
197.625 (4) or any other provision of law, to make a finding of
compliance with the goal relating to transportation planning or
with administrative rules implementing the goal; and
  (b) Notwithstanding ORS 197.251 (5), the Land Conservation and
Development Commission is not required to identify the goal
relating to transportation planning or to make a finding of
compliance or noncompliance with the goal. + }

  SECTION 6.  { + Section 5 of this 2013 Act is repealed on June
30, 2015. + }
  SECTION 7.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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