197.005 Legislative findings. The Legislative Assembly finds
that:
(1) Uncoordinated use of
lands within this state threatens the orderly development, the environment of
this state and the health, safety, order, convenience, prosperity and welfare
of the people of this state.
(2) To promote coordinated
administration of land uses consistent with comprehensive plans adopted
throughout the state, it is necessary to establish a process for the review of
state agency, city, county and special district land conservation and development
plans for compliance with goals.
(3) Except as otherwise
provided in subsection (4) of this section, cities and counties should remain
as the agencies to consider, promote and manage the local aspects of land
conservation and development for the best interests of the people within their
jurisdictions.
(4) The promotion of
coordinated statewide land conservation and development requires the creation
of a statewide planning agency to prescribe planning goals and objectives to be
applied by state agencies, cities, counties and special districts throughout
the state.
(5) City and county
governments are responsible for the development of local comprehensive plans.
The purpose of ORS 195.065, 195.070 and 195.075 is to enhance coordination
among cities, counties and special districts to assure effectiveness and
efficiency in the delivery of urban services required under those local
comprehensive plans. [1973 c.80 §1; 1977 c.664 §1; 1981 c.748 §21; 1993 c.804 §2a;
1999 c.348 §1]
Notes of Decisions
Ochoco Constr., Inc. v. Dep't of Land Conservation & Dev., 667 P.2d 499 (Or. 1983).
· cites it 10× “As set forth in ORS 197.005, 8 the legislative concerns necessitating statewide planning were that the uncoordinated use of lands within the state threatens its environment, and the health, safety and general welfare of its people.”
Petersen v. Mayor Etc. City of Klamath Falls, 566 P.2d 1193 (Or. 1977).
· cites it 6× “515 and the statewide planning goals and guidelines adopted by the Land Conservation and Development Commission (LCDC): "Cities and counties shall exercise their planning and zoning responsibilities in accordance with ORS 197.005 to 197.430, 215.055, 215.510, 215.”
1000 Friends of Oregon v. Wasco Cnty. Court, 703 P.2d 207 (Or. 1985).
· cites it 5× “This concern is reflected in the legislative findings and policy statement, codified at ORS 197.005 and 197.010. 1 Senate Bill 100 was intended to substitute a systematic decisional process based on consideration of all relevant facts, affected interests and public policies, for…”
Alexanderson v. Bd. of Commissioners, 616 P.2d 459 (Or. 1980).
· cites it 8× “275 provides: "(1) Comprehensive plans and zoning, subdivision, and other ordinances and regulations adopted prior to October 5, 1973, shall remain in effect until revised under ORS 197.005 to 197.430 and 469.350. It is intended that existing planning efforts and activities…”
Dolan v. City of Tigard, 512 U.S. 374 (1994).
“The plans are implemented by land use regulations which are part of an integrated hierarchy of legally binding goals, plans, and regulations.”
City of Pendleton v. Kerns, 653 P.2d 992 (Or. 1982).
· cites it 4× “175, 5 which provides in pertinent part: “(1) Cities * * * shall exercise their planning and zoning responsibilities * * * in accordance with ORS 197.005 to 197.430 and 197.605 to 197.”
State Hous. Council v. City of Lake Oswego, 635 P.2d 647 (Or. 1981).
· cites it 4× “175(1) (1973) (amended by 1981 Oregon Laws, chapter 748, § 15): "Cities and counties shall exercise their planning and zoning responsibilities, in accordance with ORS 197.005 to 197.430, 215.055, 215.510, 215.”
Lane Cnty. v. Land Conservation & Dev. Comm'n, 942 P.2d 278 (Or. 1997).
· cites it 2× “Wasco County Court, 299 Or 344, 347 , 703 P2d 207 (1985); ORS 197.005. The legislature directed LCDC to adopt by rule or by goal any *573 statewide land use policies that it considered necessary to carry out the laws that it was responsible for administering, ORS 197.”
Neuberger v. City of Portland, 586 P.2d 351 (Or. Ct. App. 1978).
· cites it 4× “275 provides: "(1) Comprehensive plans and zoning, subdivision, and other ordinances and regulations adopted prior to October 5, 1973, shall remain in effect until revised under ORS 197.005 to 197.430 and 469.350. It is intended that existing planning efforts and activities…”
Johnson v. Landwatch Lane Cnty., 327 Or. App. 485 (Or. Ct. App. 2023).
· cites it 2× “ORS 197.005(1). Our land use laws promote the coordinated use of lands through a system of comprehensive land use goals and plans adopted throughout the state with a clear process for compliance review.”
1000 Friends of Oregon v. Land Conservation & Dev. Comm'n, 642 P.2d 1158 (Or. 1982).
· cites it 2× “The legislative concern and remedy are reflected in the legislative findings and policy statement which preceded SB 100 and, with slight modification, are now codified as ORS 197.005 and 197.010: ORS 197.005: “The Legislative Assembly finds that: (1) Uncoordinated use of lands…”
Friends of Oregon v. LCDC (Curry Co.), 724 P.2d 268 (Or. 1986).
· cites it 2× “The legislature directed the Department to prepare, and LCDC to adopt, "goals and guidelines for use by state agencies, local governments and special districts in preparing, adopting, amending and implementing * * * comprehensive plans.”
— Or. Rev. Stat. § 197.005(1) — 5 cases
1000 Friends of Oregon v. Wasco Cnty. Court, 703 P.2d 207 (Or. 1985).
“This concern is reflected in the legislative findings and policy statement, codified at ORS 197.005 and 197.010. 1 Senate Bill 100 was intended to substitute a systematic decisional process based on consideration of all relevant facts, affected interests and public policies, for…”
Johnson v. Landwatch Lane Cnty., 327 Or. App. 485 (Or. Ct. App. 2023).
“ORS 197.005(1). Our land use laws promote the coordinated use of lands through a system of comprehensive land use goals and plans adopted throughout the state with a clear process for compliance review.”
— Or. Rev. Stat. § 197.005(2) — 5 cases
Johnson v. Landwatch Lane Cnty., 327 Or. App. 485 (Or. Ct. App. 2023).
“ORS 197.005(1). Our land use laws promote the coordinated use of lands through a system of comprehensive land use goals and plans adopted throughout the state with a clear process for compliance review.”
— Or. Rev. Stat. § 197.005(3) — 2 cases
— Or. Rev. Stat. § 197.005(4) — 5 cases
Ochoco Constr., Inc. v. Dep't of Land Conservation & Dev., 667 P.2d 499 (Or. 1983).
“As set forth in ORS 197.005, 8 the legislative concerns necessitating statewide planning were that the uncoordinated use of lands within the state threatens its environment, and the health, safety and general welfare of its people.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.