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Oregon Revised Statutes

Or. Rev. Stat. § 197.646 (2026)

Implementation of new requirement in goal, rule or statute; rules

✓ current as of May 2026
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      197.646 Implementation of new requirement in goal, rule or statute; rules. (1) A local government shall amend its acknowledged comprehensive plan or acknowledged regional framework plan and land use regulations implementing either plan by a self-initiated post-acknowledgment process under ORS 197.610 to 197.625 to comply with a new requirement in land use statutes, statewide land use planning goals or rules implementing the statutes or the goals.

      (2)(a) The Department of Land Conservation and Development shall notify local governments when a new requirement in land use statutes, statewide land use planning goals or rules implementing the statutes or the goals requires changes to an acknowledged comprehensive plan, an acknowledged regional framework plan or land use regulations implementing either plan.

      (b) The Land Conservation and Development Commission shall establish, by rule, the time period within which an acknowledged comprehensive plan, an acknowledged regional framework plan and land use regulations implementing either plan must be in compliance with:

      (A) A new requirement in a land use statute, if the legislation does not specify a time period for compliance; and

      (B) A new requirement in a land use planning goal or rule adopted by the commission.

      (3) When a local government does not adopt amendments to an acknowledged comprehensive plan, an acknowledged regional framework plan or land use regulations implementing either plan, as required by subsection (1) of this section, the new requirements apply directly to the local government’s land use decisions. The failure to adopt amendments to an acknowledged comprehensive plan, an acknowledged regional framework plan or land use regulations implementing either plan required by subsection (1) of this section is a basis for initiation of enforcement action pursuant to ORS 197.319 to 197.335. [1991 c.612 §7; 2005 c.829 §7; 2007 c.71 §67; 2011 c.469 §4]

 

      Note: 197.646, 197.649 and 197.650 were added to and made a part of ORS chapter 197 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      197.647 [1983 c.827 §11e; 1987 c.69 §2; 1987 c.729 §11; repealed by 1991 c.612 §23]

Notes of Decisions
Cited in 23 cases (4 in the last 5 years), 1992–2024 · leading case: City of Corvallis v. State of Oregon, 464 P.3d 1127 (Or. Ct. App. 2020).
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City of Corvallis v. State of Oregon, 464 P.3d 1127 (Or. Ct. App. 2020). · cites it 4× “On April 18, 2016, the Department of Land Conservation and Development (DLCD) sent a letter to local governments regarding “2016 Land Use Legislation,” citing DLCD’s obligation under ORS 197.646 to notify local gov- ernments of certain types of new statutory requirements.”
Coopman v. City of Eugene, 534 P.3d 1105 (Or. Ct. App. 2023). · cites it 3× “The law pro- vides that, “[n]otwithstanding ORS 197.646,” which provides the ordinary procedures for amendments to comprehensive plans to comply with new land use statutes or rules after plans are acknowledged by LCDC, a city like Eugene “shall adopt land use regulations or…”
Gisler v. Deschutes Cnty., 945 P.2d 1051 (Or. Ct. App. 1997). · cites it 4× “” ORS 197.646 provides, as relevant: “(1) A local government shall amend the comprehensive plan and land use regulations to implement new or *531 amended statewide planning goals, commission administrative rules and land use statutes when such goals, rules or statutes become…”
Dep't of Transp. v. Douglas Cnty., 967 P.2d 901 (Or. Ct. App. 1998). · cites it 4× “It is also significant that both ORS 197.646 and the TPR contemplate the enactment of complying local legislation before the time of a local jurisdiction’s regular periodic review.”
Dep't of Land Conservation & Dev. v. Lincoln Cnty., 925 P.2d 135 (Or. Ct. App. 1996). · cites it 3× “It relied principally on ORS 197.646(1) and (3), which provide, in relevant part: “(1) A local government shall amend the comprehensive plan and land use regulations to implement new or amended statewide planning goals, commission administrative rules and land use statutes when…”
Miller v. City of Dayton, 833 P.2d 299 (Or. Ct. App. 1992). · cites it 4× “Stringer, 295 Or 311 , 666 P2d 1332 (1983), on which LUBA relied for the proposition that the statewide goals do not apply directly to land use decisions by jurisdictions with acknowledged land use legislation, has been legislatively abrogated by ORS 197.646, which provides, in…”
Save Our Rural Oregon v. Energy Facility Siting Council, 121 P.3d 1141 (Or. 2005). “e substantive criteria from the affected local government’s acknowledged comprehensive plan and land use regulations that are required by the statewide planning goals and in effect on the date the application is submitted, and with any Land Conservation and Development…”
Greenfield v. Multnomah Cnty., 317 P.3d 274 (Or. Ct. App. 2013). “ORS 197.646 (postacknowledgement implementation responsibilities).”
1000 Friends of Oregon v. Clackamas Cnty., 94 P.3d 160 (Or. Ct. App. 2004). “Under ORS 197.646(3), if a local government does not adopt amendments to conform its land use regulations to state rules, those rules apply directly to the local government’s land use decisions; thus, to the extent that an exception process would be available under state law, it…”
Oregonians in Action v. Land Conservation & Dev. Comm'n, 854 P.2d 1010 (Or. Ct. App. 1993). “640(1); ORS 197.646. Moreover, ORS 197.013 provides that, even after acknowledgment, ‘[implementation and enforcement of acknowledged comprehensive plans and land use regulations are matters of statewide concern.”
Yamhill Cnty. v. Land Conservation & Dev. Comm'n, 839 P.2d 238 (Or. Ct. App. 1992). “640(1); ORS 197.646. Moreover, ORS 197.013 provides that, even after acknowledgment, “[implementation and enforcement of acknowledged comprehensive plans and land use regulations are matters of statewide concern.”
Jackson Cnty. Citizens' League v. Jackson Cnty., 15 P.3d 42 (Or. Ct. App. 2000). “ORS 197.646; 197.835(5); Byrd v. Stringer, 295 Or 311, 316-17 , 666 P2d 1332 (1983).”
Show all 23 citing cases →
— Or. Rev. Stat. § 197.646(1) — 5 cases
Dep't of Transp. v. Douglas Cnty., 967 P.2d 901 (Or. Ct. App. 1998). “It is also significant that both ORS 197.646 and the TPR contemplate the enactment of complying local legislation before the time of a local jurisdiction’s regular periodic review.”
Dep't of Land Conservation & Dev. v. Lincoln Cnty., 925 P.2d 135 (Or. Ct. App. 1996). “It relied principally on ORS 197.646(1) and (3), which provide, in relevant part: “(1) A local government shall amend the comprehensive plan and land use regulations to implement new or amended statewide planning goals, commission administrative rules and land use statutes when…”
Gisler v. Deschutes Cnty., 945 P.2d 1051 (Or. Ct. App. 1997). “” ORS 197.646 provides, as relevant: “(1) A local government shall amend the comprehensive plan and land use regulations to implement new or *531 amended statewide planning goals, commission administrative rules and land use statutes when such goals, rules or statutes become…”
Holland v. City of Cannon Beach, 920 P.2d 562 (Or. Ct. App. 1996).
Keicher v. Clackamas Cnty., 29 P.3d 1155 (Or. Ct. App. 2001).
— Or. Rev. Stat. § 197.646(2)(a) — 1 case
City of Corvallis v. State of Oregon, 464 P.3d 1127 (Or. Ct. App. 2020). “On April 18, 2016, the Department of Land Conservation and Development (DLCD) sent a letter to local governments regarding “2016 Land Use Legislation,” citing DLCD’s obligation under ORS 197.646 to notify local gov- ernments of certain types of new statutory requirements.”
— Or. Rev. Stat. § 197.646(3) — 6 cases
City of Corvallis v. State of Oregon, 464 P.3d 1127 (Or. Ct. App. 2020). “On April 18, 2016, the Department of Land Conservation and Development (DLCD) sent a letter to local governments regarding “2016 Land Use Legislation,” citing DLCD’s obligation under ORS 197.646 to notify local gov- ernments of certain types of new statutory requirements.”
Save Our Rural Oregon v. Energy Facility Siting Council, 121 P.3d 1141 (Or. 2005). “e substantive criteria from the affected local government’s acknowledged comprehensive plan and land use regulations that are required by the statewide planning goals and in effect on the date the application is submitted, and with any Land Conservation and Development…”
1000 Friends of Oregon v. Clackamas Cnty., 94 P.3d 160 (Or. Ct. App. 2004). “Under ORS 197.646(3), if a local government does not adopt amendments to conform its land use regulations to state rules, those rules apply directly to the local government’s land use decisions; thus, to the extent that an exception process would be available under state law, it…”
Dep't of Land Conservation & Dev. v. Lincoln Cnty., 925 P.2d 135 (Or. Ct. App. 1996). “It relied principally on ORS 197.646(1) and (3), which provide, in relevant part: “(1) A local government shall amend the comprehensive plan and land use regulations to implement new or amended statewide planning goals, commission administrative rules and land use statutes when…”
Volny v. City of Bend, 4 P.3d 768 (Or. Ct. App. 2000).
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