197.319
Procedures prior to request of an enforcement order. (1) Before a person may request
adoption of an enforcement order under ORS 197.320, the person shall:
(a) Present the
reasons, in writing, for such an order to the affected local government; and
(b) Request:
(A) Revisions to
the local comprehensive plan, land use regulations, special district
cooperative or urban service agreement or decision-making process which is the
basis for the order; or
(B) That an
action be taken regarding the local comprehensive plan, land use regulations,
special district agreement, housing production strategy or decision-making
process that is the basis for the order.
(2)(a) The local
government or special district shall issue a written response to the request
within 60 days of the date the request is mailed to the local government or
special district.
(b) The requestor
and the local government or special district may enter into mediation to
resolve issues in the request. The Department of Land Conservation and
Development shall provide mediation services when jointly requested by the
local government or special district and the requestor.
(c) If the local
government or special district does not act in a manner which the requestor
believes is adequate to address the issues raised in the request within the
time period provided in paragraph (a) of this subsection, a petition may be
presented to the Land Conservation and Development Commission under ORS
197.324.
(3) A
metropolitan service district may request an enforcement order under ORS
197.320 (12) without first complying with subsections (1) and (2) of this
section.
(4) The
department, without the prior approval of the commission, may request an
enforcement order under ORS 197.320 (13) without first complying with
subsections (1) and (2) of this section. Notwithstanding ORS 183.635 (2) and
197.328 (1), the request under this subsection must be assigned to an
administrative law judge appointed under ORS 183.635 unless the commission has
previously appointed a hearing officer or a pool of hearing officers to review
petitions filed under this section. Before the entry of a final order under ORS
197.319 to 197.335, the department, in its discretion, may dismiss a petition
filed by the department under this section and refer a city to the housing
acceleration program under ORS 197A.130. [1989 c.761 §4; 1993 c.804 §9; 2007
c.176 §2; 2019 c.640 §11; 2023 c.13 §15]
Notes of Decisions
City of Corvallis v. State of Oregon, 464 P.3d 1127 (Or. Ct. App. 2020).
“646 expressly provides that a local government’s failure to take necessary action in response to new land use requirements “is a basis for ini- tiation of enforcement action pursuant to ORS 197.319 to 197.335.” ORS 197.646(3) (emphasis added).”
Landwatch Lane Cnty. v. Land Conservation & Dev. Comm'n, 415 P.3d 1064 (Or. Ct. App. 2018).
· cites it 5× “319(1), a citizen must present the reasons for an enforcement order to the affected local government and request modifications to particular land use policies or an action by the local government to effect existing policy.”
City of Damascus v. Brown, 337 P.3d 1019 (Or. Ct. App. 2014).
““(4) An enforcement order under ORS 197.319 to 197.335 is not a prerequisite for the provision of the letter by the department as required under subsection (3)(a)(A) of this section or to the withdrawal of the tract under this section.”
Miller v. City of Dayton, 833 P.2d 299 (Or. Ct. App. 1992).
““(3) When a local government does not adopt comprehensive plan or land use regulation amendments as required by subsection (1) of this section, the new or amended goal, rule or statute shall be directly applicable to the local government’s land use decisions.”
Volny v. City of Bend, 4 P.3d 768 (Or. Ct. App. 2000).
“This is not an enforcement proceeding under ORS 197.319 et seq. to redress the city’s failure to adopt a TSP.”
Schoenheit/Unger v. Rosenblum, 345 P.3d 436 (Or. 2015).
· cites it 2× “nt remedies, if any] [(7) Enforcement remedies ordered under subsection (6) of this section may include, but are not limited to] [(a) Direct application of specified requirements of functional plans to land use decisions by the city or county] [(b) Withholding by the district of…”
Newberg Crestview, LLC v. City of Newberg (D. Or. 2024).
· cites it 3× “Sections 197.319 to 197.350 of the Oregon Revised Statutes “set[] out how Oregon’s Land Conservation and Development Commission [(LCDC)] enforces Oregon’s land use planning requirements, including ORS 197.”
Smith v. Dep't of Land Conservation & Dev., 433 P.3d 431 (Or. Ct. App. 2018).
· cites it 2× “[3]24 and this division in a way that substantially prejudices the affected local government or *52 district or is materially deficient, the department shall reject the petition." OAR 660-045-0070(3). If DLCD rejects the petition, then the commission "shall not consider" it.”
City of Cornelius v. Dept. of Land Conservation (Or. Ct. App. 2024).
· cites it 2× ““(a) Issue an order to remand a report with spe- cific directions for changes necessary to comply with this division; “(b) Issue an enforcement order as provided in ORS 197.319 through 197.335; “(c) Issue an order to invalidate the acknowledgement of local transportation system…”
Schoenheit/Unger v. Rosenblum (Or. 2015).
· cites it 2× “] [(7) Enforcement remedies ordered under subsection (6) of this section may include, but are not limited to:] [(a) Direct application of specified requirements of functional plans to land use decisions by the city or county;] [(b) Withholding by the district of discretionary…”
Jackson Cnty. v. Land Conservation & Dev. Comm'n, 888 P.2d 98 (Or. Ct. App. 1995).
“The enforcement process is not an exercise of policy making; it is one of case-specific adjudication and, as suggested in our discussion of the statutory argument, it is one that ORS 197.319 et seq governs with considerable particularity.”
— Or. Rev. Stat. § 197.319(1) — 2 cases
Landwatch Lane Cnty. v. Land Conservation & Dev. Comm'n, 415 P.3d 1064 (Or. Ct. App. 2018).
“319(1), a citizen must present the reasons for an enforcement order to the affected local government and request modifications to particular land use policies or an action by the local government to effect existing policy.”
Newberg Crestview, LLC v. City of Newberg (D. Or. 2024).
“Sections 197.319 to 197.350 of the Oregon Revised Statutes “set[] out how Oregon’s Land Conservation and Development Commission [(LCDC)] enforces Oregon’s land use planning requirements, including ORS 197.”
— Or. Rev. Stat. § 197.319(1)(b) — 1 case
Smith v. Dep't of Land Conservation & Dev., 433 P.3d 431 (Or. Ct. App. 2018).
“[3]24 and this division in a way that substantially prejudices the affected local government or *52 district or is materially deficient, the department shall reject the petition." OAR 660-045-0070(3). If DLCD rejects the petition, then the commission "shall not consider" it.”
— Or. Rev. Stat. § 197.319(2)(c) — 1 case
Landwatch Lane Cnty. v. Land Conservation & Dev. Comm'n, 415 P.3d 1064 (Or. Ct. App. 2018).
“319(1), a citizen must present the reasons for an enforcement order to the affected local government and request modifications to particular land use policies or an action by the local government to effect existing policy.”
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