197.240
Commission action; public hearing; notice; amendment; adoption. Upon receipt of the proposed goals
and guidelines prepared and submitted to it by the Department of Land
Conservation and Development, the Land Conservation and Development Commission
shall:
(1) Hold at least
one public hearing on the proposed goals and guidelines. The commission shall
cause notice of the time, place and purpose of the hearings and the place where
copies of the proposed goals and guidelines are available before the hearings with
the cost thereof to be published in a newspaper of general circulation in the
state not later than 30 days prior to the date of the hearing. The department
shall supply a copy of its proposed goals and guidelines to the Governor, the
appropriate legislative committee, affected state agencies and special
districts and to each local government without charge. The department shall
provide copies of such proposed goals and guidelines to other public agencies
or persons upon request and payment of the cost of preparing the copies of the
materials requested.
(2) Consider the
recommendations and comments received from the public hearings conducted under
subsection (1) of this section, make any amendments to the proposed goals and
guidelines that it considers necessary and approve the proposed goals and
guidelines as they may be amended by the commission. [1973 c.80 §37; 1981 c.748
§28a; 2007 c.354 §10]
Notes of Decisions
Alexanderson v. Bd. of Commissioners, 616 P.2d 459 (Or. 1980).
· cites it 4× “With the adoption of ORS chapter 197 and of statewide planning goals, the statutes allowed a one-year period after the goals were approved by LCDC under ORS 197.240 within which to bring the comprehensive plan and the ordinances and regulations into conformity with the goals.”
State Hous. Council v. City of Lake Oswego, 635 P.2d 647 (Or. 1981).
· cites it 4× “e commission shall review upon: "(a) Petition by a county, city, special district governing body, or state agency, a comprehensive plan provision or any zoning, subdivision or other ordinance or regulation adopted by a state agency, city, county or special district that the…”
Fish & Wildlife Dep't v. Land Conservation & Dev. Comm'n, 603 P.2d 1371 (Or. 1979).
· cites it 3× “e commission shall review upon: "(a) Petition by a county, city, special district governing body, or state agency, a comprehensive plan provision or any zoning, subdivision or other ordinance or regulation adopted by a state agency, city, county or special district that the…”
Lane Cnty. v. Land Conservation & Dev. Comm'n, 942 P.2d 278 (Or. 1997).
“The legislature directed LCDC, in preparing, adopting, and amending goals and guidelines, to “[g]ive consideration” to multiple “areas and activities,” including agricultural land.”
1000 Friends v. Land Conservation & Dev. Comm'n, 752 P.2d 271 (Or. 1988).
“Subsection (2) provides: “If any action is brought against a local government challenging any comprehensive plan, land use regulation or other action of the local government which was adopted or taken for the primary purpose of complying with the goals approved under ORS 197.240…”
Bd. of Commissioners v. Dep't of Land Conservation & Dev., 582 P.2d 59 (Or. Ct. App. 1978).
· cites it 2× “315, the commission shall review upon: "(a) Petition by a county governing body, a comprehensive plan provision or any zoning, subdivision or other ordinance or regulation adopted by a state agency, city, county or special district that the governing body considers to be in…”
Clackamas Cnty. v. Dunham, 579 P.2d 223 (Or. 1978).
· cites it 2× “422 and adopted prior to the expiration of one year following the date of the approval of state-wide planning goals and guidelines under ORS 197.240 shall be designed to promote the public health, safety and general welfare and shall be based on the following considerations,…”
1000 Friends of or. v. Multnomah Cty., Etc., 593 P.2d 1171 (Or. Ct. App. 1979).
“315, the commission shall review upon: ****** "(d) Petition by any person or group of persons whose interests are substantially affected, a comprehensive plan provision or any zoning, subdivision or other ordinance or regulation alleged to be in violation of state-wide planning…”
Fifth Avenue Corp. v. Washington Cnty., 560 P.2d 656 (Or. Ct. App. 1977).
· cites it 2× “422 and adopted prior to the expiration of one year following the date of the approval of state-wide planning goals and guidelines under ORS 197.240 shall be designed to promote the public health, safety and general welfare and shall be based on the following considerations,…”
Columbia Hills Dev. Co. v. Land Conservation & Dev. Comm'n, 624 P.2d 157 (Or. Ct. App. 1981).
“315, the commission shall review upon: * * * * "(b) Petition by a city, county, special district governing body, or state agency, a land conservation and development action taken by a state agency, city, county or special district that the governing body or state agency…”
South of Sunnyside Neighborhood League v. Bd. of Commissioners, 557 P.2d 1375 (Or. Ct. App. 1976).
“11 "Comprehensive physical planning, adopted by this commission prior to the expiration of one year following the date of the approval of state-wide planning goals and guidelines under ORS 197.240 should provide guidance for physical development within the state responsive to…”
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