197.628
Periodic review; policy; conditions that indicate need for periodic review. (1) It is the policy of the State
of Oregon to require the periodic review of comprehensive plans and land use
regulations in order to respond to changes in local, regional and state
conditions to ensure that the plans and regulations remain in compliance with
the statewide planning goals adopted pursuant to ORS 197.230, and to ensure
that the plans and regulations make adequate provision for economic
development, needed housing, transportation, public facilities and services and
urbanization.
(2) The Land
Conservation and Development Commission shall concentrate periodic review
assistance to local governments on achieving compliance with those statewide
land use planning laws and goals that address economic development, needed
housing, transportation, public facilities and services and urbanization.
(3) The following
conditions indicate the need for periodic review of comprehensive plans and
land use regulations:
(a) There has
been a substantial change in circumstances including but not limited to the
conditions, findings or assumptions upon which the comprehensive plan or land
use regulations were based, so that the comprehensive plan or land use
regulations do not comply with the statewide planning goals relating to
economic development, needed housing, transportation, public facilities and
services and urbanization;
(b) Decisions
implementing acknowledged comprehensive plan and land use regulations are
inconsistent with the goals relating to economic development, needed housing,
transportation, public facilities and services and urbanization;
(c) There are
issues of regional or statewide significance, intergovernmental coordination or
state agency plans or programs affecting land use which must be addressed in
order to bring comprehensive plans and land use regulations into compliance
with the goals relating to economic development, needed housing,
transportation, public facilities and services and urbanization; or
(d) The local
government, commission or Department of Land Conservation and Development
determines that the existing comprehensive plan and land use regulations are
not achieving the statewide planning goals relating to economic development,
needed housing, transportation, public facilities and services and
urbanization. [1991 c.612 §2; 1999 c.622 §2; 2005 c.829 §1]
Notes of Decisions
Barkers Five, LLC v. Land Conservation & Dev. Comm'n, 323 P.3d 368 (Or. Ct. App. 2014).
· cites it 2× “633”); ORS 197.628 -197.650 (governing periodic review process); OAR chapter 660, division 25 (the division 25 rules) (rules implementing periodic review process).”
1000 Friends of Oregon v. Land Conservation & Dev. Comm'n, 259 P.3d 1021 (Or. Ct. App. 2011).
· cites it 2× “Once a local comprehensive plan has been approved or “acknowledged” by LCDC as consistent with the statewide planning goals, ORS 197.628(1) requires that the plan and implementing land use regulations be periodically updated “to respond to changes in local, regional and state…”
City of West Linn v. Land Conservation & Dev. Comm'n, 119 P.3d 285 (Or. Ct. App. 2005).
“Periodic review in a nutshell ORS 197.628 provides that it is the policy of the state “to require the periodic review of comprehensive plans and land use regulations in order to respond to changes in local, regional and state conditions to ensure that the plans and regulations…”
City of West Linn v. Land Conservation & Dev. Comm'n, 113 P.3d 935 (Or. Ct. App. 2005).
“The district’s subregional allocation *282 “shall be based on provisions of the district’s regional framework plan that: “(a) Are adopted by the district, and acknowledged by the Commission, through periodic review pursuant to ORS 197.628 to 197.650; and “(b) Expressly authorize…”
Zimmerman v. Land Conservation & Dev. Comm'n, 361 P.3d 619 (Or. Ct. App. 2015).
“” Under ORS 197.628, comprehensive plans and local land use regulations must be updated regularly (“periodic review”) and those updates must be approved by LCDC under the procedures specified in ORS 197.”
Polk Cnty. v. Dep't of Land Conservation & Dev., 112 P.3d 409 (Or. Ct. App. 2005).
· cites it 2× “Petitioners Polk County and 1000 Friends of Oregon seek review of a Land Conservation and Development Commission (LCDC) order addressing a “work task” assigned to the county as part of a periodic review of county ordinances under ORS 197.628 to 197.636. 1 LCDC’s order required…”
Williams v. Land Conservation & Dev. Comm'n, 961 P.2d 269 (Or. Ct. App. 1998).
“See ORS 197.628 et seq. In its order, LCDC approved the county’s updated Goal 5 1 plan for mineral and aggregate resources, subject to the county’s adoption of certain revisions proposed by the Department of Land Conservation and Development (DLCD).”
Hummel v. Land Conservation & Dev. Comm'n, 954 P.2d 824 (Or. Ct. App. 1998).
“ORS 197.628. In short, the foundation of periodic review is that the previously acknowledged plan and regulations no longer qualify for acknowledgment, either on their face or as applied.”
Schoenheit/Unger v. Rosenblum, 345 P.3d 436 (Or. 2015).
· cites it 2× “] (2) (a) The Land Conservation and Development Commission may require a local government to designate an urban reserve pursuant to subsection (l)(a) of this section during it periodic review in accordance with the conditions for periodic review under ORS 197.628. (b)…”
— Or. Rev. Stat. § 197.628(1) — 2 cases
1000 Friends of Oregon v. Land Conservation & Dev. Comm'n, 259 P.3d 1021 (Or. Ct. App. 2011).
“Once a local comprehensive plan has been approved or “acknowledged” by LCDC as consistent with the statewide planning goals, ORS 197.628(1) requires that the plan and implementing land use regulations be periodically updated “to respond to changes in local, regional and state…”
— Or. Rev. Stat. § 197.628(3)(a) — 1 case
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