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Oregon Revised Statutes

Or. Rev. Stat. § 197.405 (2026)

Designation of areas of critical state concern; commission recommendation; committee review; approval by Legislative Assembly

✓ current as of May 2026
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      197.405 Designation of areas of critical state concern; commission recommendation; committee review; approval by Legislative Assembly. (1) The Land Conservation and Development Commission may recommend to appropriate legislative committees the designation of areas of critical state concern. Each such recommendation:

      (a) Shall specify the reasons for the implementation of additional state regulations for the described geographic area;

      (b) Shall include a brief summary of the existing programs and regulations of state and local agencies applicable to the area;

      (c) May include a management plan for the area indicating the programs and regulations of state and local agencies, if any, unaffected by the proposed state regulations for the area;

      (d) May establish permissible use limitations for all or part of the area;

      (e) Shall locate a boundary describing the area; and

      (f) May designate permissible use standards for all or part of the lands within the area or establish standards for issuance or denial of designated state or local permits regulating specified uses of lands in the area, or both.

      (2) The commission may act under subsection (1) of this section on its own motion or upon the recommendation of a state agency or a local government. If the commission receives a recommendation from a state agency or a local government and finds the proposed area to be unsuitable for designation, it shall notify the state agency or the local government of its decision and its reasons for that decision.

      (3) Immediately following its decision to favorably recommend to the Legislative Assembly the designation of an area of critical state concern, the commission shall submit the proposed designation accompanied by the supporting materials described in subsection (1) of this section to the appropriate legislative committees for review.

      (4) No proposed designation under subsection (1) of this section shall take effect unless it has first been submitted to appropriate legislative committees under subsection (3) of this section and has been approved by the Legislative Assembly. The Legislative Assembly may adopt, amend or reject the proposed designation. [1973 c.80 §26; 1977 c.664 §28; 1981 c.748 §12; 2007 c.354 §11]

Notes of Decisions
Cited in 3 cases, 1982–2007 · leading case: Hunnicutt v. Myers, 171 P.3d 349 (Or. 2007).
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Hunnicutt v. Myers, 171 P.3d 349 (Or. 2007). · cites it 2× “Initiative Petition 95 (2008), if approved by the voters, would effectively abolish coordinated statewide land use planning in Oregon, limiting the application of the statewide land use planning goals to “areas of critical state concern” as defined in ORS 197.405. At present,…”
Ochoco Constr., Inc. v. Dep't of Land Conservation & Dev., 667 P.2d 499 (Or. 1983). “400, as activities of statewide significance and, under ORS 197.405, the Commission may recommend to the legislature further activities or geographical areas of critical state concern.”
Ochoco Constr., Inc. v. Dep't of Land Conservation & Dev., 641 P.2d 49 (Or. Ct. App. 1982). · cites it 5× “11 See ORS 197.405. 12 Persons and public agencies who wished to undertake an activity of statewide significance were required to obtain a planning and siting permit issued by LCDC.”
— Or. Rev. Stat. § 197.405(4) — 1 case
Ochoco Constr., Inc. v. Dep't of Land Conservation & Dev., 641 P.2d 49 (Or. Ct. App. 1982). “11 See ORS 197.405. 12 Persons and public agencies who wished to undertake an activity of statewide significance were required to obtain a planning and siting permit issued by LCDC.”
— Or. Rev. Stat. § 197.405(5) — 1 case
Ochoco Constr., Inc. v. Dep't of Land Conservation & Dev., 641 P.2d 49 (Or. Ct. App. 1982). “11 See ORS 197.405. 12 Persons and public agencies who wished to undertake an activity of statewide significance were required to obtain a planning and siting permit issued by LCDC.”
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.