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Oregon Revised Statutes

Or. Rev. Stat. § 197.320 (2026)

Power of commission to order compliance with goals and plans

✓ current as of May 2026
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      197.320 Power of commission to order compliance with goals and plans. The Land Conservation and Development Commission shall issue an order requiring a local government, state agency or special district to take action necessary to bring its comprehensive plan, land use regulation, limited land use decisions or other land use decisions or actions into compliance with the goals, acknowledged comprehensive plan provisions, land use regulations, housing production strategy or housing acceleration agreements if the commission has good cause to believe:

      (1) A comprehensive plan or land use regulation adopted by a local government not on a compliance schedule is not in compliance with the goals by the date set in ORS 197.245 or 197.250 for such compliance.

      (2) A plan, program, rule or regulation affecting land use adopted by a state agency or special district is not in compliance with the goals by the date set in ORS 197.245 or 197.250 for such compliance.

      (3) A local government is not making satisfactory progress toward performance of its compliance schedule.

      (4) A state agency is not making satisfactory progress in carrying out its coordination agreement or the requirements of ORS 197.180.

      (5) A local government has no comprehensive plan or land use regulation and is not on a compliance schedule directed to developing the plan or regulation.

      (6) A local government has engaged in a pattern or practice of decision-making that violates an acknowledged comprehensive plan or land use regulation. In making its determination under this subsection, the commission shall determine whether there is evidence in the record to support the decisions made. The commission shall not judge the issue solely upon adequacy of the findings in support of the decisions.

      (7) A local government has failed to comply with a commission order entered under ORS 197.644.

      (8) A special district has engaged in a pattern or practice of decision-making that violates an acknowledged comprehensive plan or cooperative agreement adopted pursuant to ORS 197.020.

      (9) A special district is not making satisfactory progress toward performance of its obligations under ORS chapters 195, 197 and 197A.

      (10) A local government’s approval standards, special conditions on approval of specific development proposals or procedures for approval do not comply with ORS 197A.400 (1) or (3).

      (11) A local government is not making satisfactory progress toward meeting its obligations under ORS 195.065.

      (12) A local government within the jurisdiction of a metropolitan service district has failed to make changes to the comprehensive plan or land use regulations to comply with the regional framework plan of the district or has engaged in a pattern or practice of decision-making that violates a requirement of the regional framework plan.

      (13) A city with a population of 10,000 or greater, as defined in ORS 197A.015, that:

      (a) Has a pattern or practice of violating housing-related statutes or implementing policies that create unreasonable cost or delay to the production of housing as described in ORS 197A.400 (1);

      (b) Has a pattern or practice of creating adverse disparate impacts to state or federal protected classes or inhibiting equitable access to housing choice, as described in ORS 197A.100 (2)(b) to (d);

      (c) Has failed to enter into a housing acceleration agreement as required under ORS 197A.130 (6); or

      (d) Has materially breached a term of a housing acceleration agreement under ORS 197A.130 (8), including a failure to meet the timeline for performance under ORS 197A.130 (8)(a)(A). [1977 c.664 §34; 1979 c.284 §123; 1981 c.748 §32; 1983 c.827 §58; 1987 c.729 §8; 1989 c.761 §2; 1991 c.612 §13; 1991 c.817 §24; 1993 c.804 §10; 1995 c.547 §4; 2003 c.793 §2; 2007 c.176 §3; 2015 c.374 §1; 2019 c.640 §12; 2023 c.13 §16; 2023 c.326 §11; 2024 c.102 §30]

Notes of Decisions
Cited in 27 cases (3 in the last 5 years), 1980–2024 · leading case: Marks v. LCDC, 536 P.3d 995 (Or. Ct. App. 2023).
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Marks v. LCDC, 536 P.3d 995 (Or. Ct. App. 2023). · cites it 17× “015(10),2 under the sig- nificant impact test, a government decision that has a “sig- nificant impact on present or future land use” is a land use 1 ORS 197.320 provides: “The Land Conservation and Development Commission shall issue an order requiring a local government, state…”
Ochoco Constr., Inc. v. Dep't of Land Conservation & Dev., 667 P.2d 499 (Or. 1983). · cites it 4× “The Commission also specifically is granted broad enforcement powers to ensure compliance with the statewide goals under the provisions of ORS 197.320. An order may be issued by the Commission where there is good cause to believe certain land use planning functions are not being…”
Oregon Bus. Plan. Council v. Dep't of Land Conservation & Dev., 626 P.2d 350 (Or. 1981). · cites it 2× “” Furthermore, it appears from ORS 197.320(3), which expressly provides that cities or counties affected by LCDC orders in enforcement proceedings "may request a hearing to contest the order,” that the legislature knows how to draft statutes so as to provide for hearings at…”
1000 Friends v. Land Conservation & Dev. Comm'n, 752 P.2d 271 (Or. 1988). “ORS 197.320(3), concerning commission orders to local governments, state agencies or special districts directing these entities to comply with the goals, states that “[t]he hearing and judicial review of a final order shall be governed by the provisions of ORS 183.”
1000 Friends of Oregon v. Wasco Cnty. Court, 686 P.2d 375 (Or. Ct. App. 1984). · cites it 2× “ORS 197.320 to 197.350. [9] LCDC has been granted authority to adopt "goals" and "rules.”
Mayea v. Land Conservation & Dev. Comm'n, 635 P.2d 400 (Or. Ct. App. 1981). · cites it 6× “ORS 197.320 directs that LCDC issue an order requiring a county to take action necessary to bring its comprehensive plan into conformity with the planning goals if LCDC has good cause to believe that a county’s comprehensive plan is not in conformity with the goals, or if a…”
Landwatch Lane Cnty. v. Land Conservation & Dev. Comm'n, 415 P.3d 1064 (Or. Ct. App. 2018). · cites it 6× “It is also authorized to approve comprehensive plans as consistent with those policies, and undertake enforcement actions against local governments for failure to comply with the statewide policies, the plans, or regulations that implement a plan.”
State ex rel. Compass Corp. v. City of Lake Oswego, 878 P.2d 403 (Or. 1994). “825 provides: “(1) Except as provided in ORS 197.320 and subsections (2) and (3) of this section, the board shall have exclusive jurisdiction to review any land use decision or limited land use decision of a local government, special district or a state agency in the manner…”
Jackson Cnty. v. Bear Creek Valley Sanitary Auth., 645 P.2d 532 (Or. 1982). “ORS 197.320. The board concluded that the sewer policies at issue between the parties were within the responsibility of the sanitary authority, and that “a county does not have the power or authority to unilaterally take over the planning responsibilities of a special district…”
Oregonians in Action v. Land Conservation & Dev. Comm'n, 854 P.2d 1010 (Or. Ct. App. 1993). “251; ORS 197.320 et seg; former ORS 197.640(1); ORS 197.”
Schatz v. City of Jacksonville, 835 P.2d 923 (Or. Ct. App. 1992). “*683 The city also argues that LUBA should not have given effect to the limited acknowledgment or the enforcement orders, because the city maintains that the acknowledgment order was invalidly promulgated and the enforcement order contravenes the requirements of ORS 197.320 and…”
Oregon Bus. Plan. Council v. Dep't of Land Conservation, & Dev., 619 P.2d 1291 (Or. Ct. App. 1980). · cites it 6× “251, creates LCDC authority to issue acknowledgment orders; the latter, codified as ORS 197.320, creates LCDC authority to issue enforcement orders.”
Show all 27 citing cases →
— Or. Rev. Stat. § 197.320(1) — 5 cases
Ochoco Constr., Inc. v. Dep't of Land Conservation & Dev., 667 P.2d 499 (Or. 1983). “The Commission also specifically is granted broad enforcement powers to ensure compliance with the statewide goals under the provisions of ORS 197.320. An order may be issued by the Commission where there is good cause to believe certain land use planning functions are not being…”
Schoonover v. Land Conservation & Dev. Comm'n, 799 P.2d 679 (Or. Ct. App. 1990).
Smith v. Dep't of Land Conservation & Dev., 433 P.3d 431 (Or. Ct. App. 2018).
1000 Friends v. Curry Cnty., 663 P.2d 818 (Or. Ct. App. 1983).
City of Happy Valley v. Land Conservation & Dev. Comm'n, 677 P.2d 47 (Or. Ct. App. 1984).
— Or. Rev. Stat. § 197.320(1)(f) — 1 case
Schoonover v. Land Conservation & Dev. Comm'n, 799 P.2d 679 (Or. Ct. App. 1990).
— Or. Rev. Stat. § 197.320(10) — 1 case
Newberg Crestview, LLC v. City of Newberg (D. Or. 2024).
— Or. Rev. Stat. § 197.320(12) — 1 case
Marks v. LCDC, 536 P.3d 995 (Or. Ct. App. 2023). “015(10),2 under the sig- nificant impact test, a government decision that has a “sig- nificant impact on present or future land use” is a land use 1 ORS 197.320 provides: “The Land Conservation and Development Commission shall issue an order requiring a local government, state…”
— Or. Rev. Stat. § 197.320(2) — 1 case
Oregon Bus. Plan. Council v. Dep't of Land Conservation, & Dev., 619 P.2d 1291 (Or. Ct. App. 1980). “251, creates LCDC authority to issue acknowledgment orders; the latter, codified as ORS 197.320, creates LCDC authority to issue enforcement orders.”
— Or. Rev. Stat. § 197.320(3) — 3 cases
Oregon Bus. Plan. Council v. Dep't of Land Conservation & Dev., 626 P.2d 350 (Or. 1981). “” Furthermore, it appears from ORS 197.320(3), which expressly provides that cities or counties affected by LCDC orders in enforcement proceedings "may request a hearing to contest the order,” that the legislature knows how to draft statutes so as to provide for hearings at…”
1000 Friends v. Land Conservation & Dev. Comm'n, 752 P.2d 271 (Or. 1988). “ORS 197.320(3), concerning commission orders to local governments, state agencies or special districts directing these entities to comply with the goals, states that “[t]he hearing and judicial review of a final order shall be governed by the provisions of ORS 183.”
City of Happy Valley v. Land Conservation & Dev. Comm'n, 677 P.2d 47 (Or. Ct. App. 1984).
— Or. Rev. Stat. § 197.320(3)(a) — 1 case
City of Happy Valley v. Land Conservation & Dev. Comm'n, 677 P.2d 47 (Or. Ct. App. 1984).
— Or. Rev. Stat. § 197.320(3)(d) — 2 cases
Oregon Bus. Plan. Council v. Dep't of Land Conservation, & Dev., 619 P.2d 1291 (Or. Ct. App. 1980). “251, creates LCDC authority to issue acknowledgment orders; the latter, codified as ORS 197.320, creates LCDC authority to issue enforcement orders.”
Columbia Cnty. v. Land Conservation & Dev. Comm'n, 606 P.2d 1184 (Or. Ct. App. 1980).
— Or. Rev. Stat. § 197.320(4) — 3 cases
Mayea v. Land Conservation & Dev. Comm'n, 635 P.2d 400 (Or. Ct. App. 1981). “ORS 197.320 directs that LCDC issue an order requiring a county to take action necessary to bring its comprehensive plan into conformity with the planning goals if LCDC has good cause to believe that a county’s comprehensive plan is not in conformity with the goals, or if a…”
1000 Friends v. Curry Cnty., 663 P.2d 818 (Or. Ct. App. 1983).
City of Happy Valley v. Land Conservation & Dev. Comm'n, 677 P.2d 47 (Or. Ct. App. 1984).
— Or. Rev. Stat. § 197.320(5) — 1 case
Ochoco Constr., Inc. v. Dep't of Land Conservation & Dev., 667 P.2d 499 (Or. 1983). “The Commission also specifically is granted broad enforcement powers to ensure compliance with the statewide goals under the provisions of ORS 197.320. An order may be issued by the Commission where there is good cause to believe certain land use planning functions are not being…”
— Or. Rev. Stat. § 197.320(6) — 4 cases
Landwatch Lane Cnty. v. Land Conservation & Dev. Comm'n, 415 P.3d 1064 (Or. Ct. App. 2018). “It is also authorized to approve comprehensive plans as consistent with those policies, and undertake enforcement actions against local governments for failure to comply with the statewide policies, the plans, or regulations that implement a plan.”
Smith v. Dep't of Land Conservation & Dev., 433 P.3d 431 (Or. Ct. App. 2018).
Schoonover v. Land Conservation & Dev. Comm'n, 799 P.2d 679 (Or. Ct. App. 1990).
Jackson Cnty. v. Land Conservation & Dev. Comm'n, 888 P.2d 98 (Or. Ct. App. 1995).
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