197.615
Submission of adopted comprehensive plan or land use regulation changes to
Department of Land Conservation and Development. (1) When a local government adopts
a proposed change to an acknowledged comprehensive plan or a land use
regulation, the local government shall submit the decision to the Director of
the Department of Land Conservation and Development within 20 days after making
the decision.
(2) The
submission must contain the following materials:
(a) A copy of the
signed decision, the findings and the text of the change to the comprehensive
plan or land use regulation;
(b) If a
comprehensive plan map or zoning map is created or altered by the proposed
change, a copy of the map that is created or altered;
(c) A brief
narrative summary of the decision, including a summary of substantive
differences from the proposed change submitted under ORS 197.610 and any supplemental
information that the local government believes may be useful to inform the
director or members of the public of the effect of the actual change; and
(d) A statement
by the individual transmitting the submission, identifying the date of the
decision and the date of the submission.
(3) The director
shall cause notice of the decision and an explanation of the requirements for
appealing the land use decision under ORS 197.830 to 197.845 to be provided to:
(a) Persons that
have requested notice of changes to the acknowledged comprehensive plan of the
particular local government, using electronic mail, electronic bulletin board,
electronic mailing list server or similar electronic method; and
(b) Persons that
are generally interested in changes to acknowledged comprehensive plans, by
posting notices periodically on a public website using the Internet or a
similar electronic method.
(4) On the same
day the local government submits the decision to the director, the local
government shall mail, or otherwise deliver, notice to persons that:
(a) Participated
in the local government proceedings that led to the decision to adopt the
change to the acknowledged comprehensive plan or the land use regulation; and
(b) Requested in
writing that the local government give notice of the change to the acknowledged
comprehensive plan or the land use regulation.
(5) The notice
required by subsection (4) of this section must state how and where the
materials described in subsection (2) of this section may be obtained and must:
(a) Include a
statement by the individual delivering the notice that identifies the date on
which the notice was delivered and the individual delivering the notice;
(b) List the
locations and times at which the public may review the decision and findings;
and
(c) Explain the
requirements for appealing the land use decision under ORS 197.830 to 197.845. [1981
c.748 §5; 1983 c.827 §9; 1999 c.255 §1; 2011 c.280 §2]
Notes of Decisions
Ludwick v. Yamhill Cnty., 696 P.2d 536 (Or. Ct. App. 1985).
· cites it 12× “That language was added to ORS 197.615 by the same 1983 act through which ORS 197.”
State ex rel. Butler v. City of Bandon, 131 P.3d 855 (Or. Ct. App. 2006).
· cites it 6× “In the absence of timely notice of intent *699 to appeal, the ordinance was deemed to have been acknowledged. Accordingly, it is now too late for intervenor to argue that the ordinance was not acknowledged to be in compliance with applicable statewide land use planning goals.”
Wicks-Snodgrass v. City of Reedsport, 939 P.2d 625 (Or. Ct. App. 1997).
“625 shall be filed not later than 21 days after the decision sought to be reviewed is mailed to parties entitled to notice under ORS 197.615.” Or Laws 1987, ch 729, § 16.”
Foland v. Jackson Cnty., 807 P.2d 801 (Or. 1991).
“830(8); see also ORS 197.615(2)(a) (identifying persons entitled to notice of adoption of amendment) .”
Root v. Klamath Cnty., 320 P.3d 631 (Or. Ct. App. 2014).
“625 shall be filed not later than 21 days after notice of the decision sought to be reviewed is mailed or otherwise submitted to parties entitled to notice under ORS 197.615.” ORS 197.830(14) states: “The board shall issue a final order within 77 days after the date of…”
Orenco Neighborhood Org. v. City of Hillsboro, 899 P.2d 720 (Or. Ct. App. 1995).
· cites it 2× “625 shall be filed not later than 21 days after the decision sought to be reviewed is mailed to parties entitled to notice under ORS 197.615.” Petitioners do not appear to contend that any of them was entitled to notice under ORS 197.”
Leathers v. Marion Cnty., 925 P.2d 148 (Or. Ct. App. 1996).
“625(1), an amendment to or a new land use regulation, inter alia, is deemed acknowledged if no appeal is brought to LUBA within 21 days after its enactment and the required notice of the amendment has been furnished to DLCD, pursuant to ORS 197.”
Oregon Dep't of Transp. v. City of Oregon City, 959 P.2d 615 (Or. Ct. App. 1998).
· cites it 10× “625 shall be filed not later than 21 days after the decision sought to be reviewed is mailed to parties entitled to notice under ORS 197.615.” We quote extensively from LUBA’s discussion of the motion and its bases for the denial: “The challenged decision became final on…”
1000 Friends v. Columbia Cnty., 917 P.2d 543 (Or. Ct. App. 1996).
· cites it 2× “The “notice of adoption” of the decision that the county provided the Department of Land Conservation and Development pursuant to ORS 197.615 shows a “date mailed” of April 12,1995.”
Aleali v. City of Sherwood, 325 P.3d 747 (Or. Ct. App. 2014).
“625 shall be filed not later than 21 days after the decision sought to be reviewed is mailed to parties entitled to notice under ORS 197.615.” We then concluded that “[t]he crux of petitioners’ position is that the time provided by ORS 197.”
— Or. Rev. Stat. § 197.615(1) — 4 cases
State ex rel. Butler v. City of Bandon, 131 P.3d 855 (Or. Ct. App. 2006).
“In the absence of timely notice of intent *699 to appeal, the ordinance was deemed to have been acknowledged. Accordingly, it is now too late for intervenor to argue that the ordinance was not acknowledged to be in compliance with applicable statewide land use planning goals.”
1000 Friends v. Columbia Cnty., 917 P.2d 543 (Or. Ct. App. 1996).
“The “notice of adoption” of the decision that the county provided the Department of Land Conservation and Development pursuant to ORS 197.615 shows a “date mailed” of April 12,1995.”
Oregon Dep't of Transp. v. City of Oregon City, 959 P.2d 615 (Or. Ct. App. 1998).
“625 shall be filed not later than 21 days after the decision sought to be reviewed is mailed to parties entitled to notice under ORS 197.615.” We quote extensively from LUBA’s discussion of the motion and its bases for the denial: “The challenged decision became final on…”
— Or. Rev. Stat. § 197.615(2) — 4 cases
Ludwick v. Yamhill Cnty., 696 P.2d 536 (Or. Ct. App. 1985).
“That language was added to ORS 197.615 by the same 1983 act through which ORS 197.”
Oregon Dep't of Transp. v. City of Oregon City, 959 P.2d 615 (Or. Ct. App. 1998).
“625 shall be filed not later than 21 days after the decision sought to be reviewed is mailed to parties entitled to notice under ORS 197.615.” We quote extensively from LUBA’s discussion of the motion and its bases for the denial: “The challenged decision became final on…”
— Or. Rev. Stat. § 197.615(2)(a) — 2 cases
Foland v. Jackson Cnty., 807 P.2d 801 (Or. 1991).
“830(8); see also ORS 197.615(2)(a) (identifying persons entitled to notice of adoption of amendment) .”
Ludwick v. Yamhill Cnty., 696 P.2d 536 (Or. Ct. App. 1985).
“That language was added to ORS 197.615 by the same 1983 act through which ORS 197.”
— Or. Rev. Stat. § 197.615(2)(a)(B) — 1 case
Ludwick v. Yamhill Cnty., 696 P.2d 536 (Or. Ct. App. 1985).
“That language was added to ORS 197.615 by the same 1983 act through which ORS 197.”
— Or. Rev. Stat. § 197.615(2)(b) — 2 cases
— Or. Rev. Stat. § 197.615(2)(b)(D) — 2 cases
Ludwick v. Yamhill Cnty., 696 P.2d 536 (Or. Ct. App. 1985).
“That language was added to ORS 197.615 by the same 1983 act through which ORS 197.”
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