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Oregon Revised Statutes

Or. Rev. Stat. § 197.820 (2026)

Duty to conduct review proceedings; authority to issue orders; rules

✓ current as of May 2026
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      197.820 Duty to conduct review proceedings; authority to issue orders; rules. (1) The Land Use Board of Appeals shall conduct review proceedings upon petitions filed in the manner prescribed in ORS 197.830.

      (2) In conducting review proceedings the members of the board may sit together or separately as the board chairperson shall decide.

      (3) The board chairperson shall apportion the business of the board among the members of the board. Each member shall have the power to hear and issue orders on petitions filed with the board and on all issues arising under those petitions.

      (4) The board shall adopt rules governing:

      (a) The conduct of review proceedings brought before it under ORS 197.830 to 197.845.

      (b) The transfer of a matter to the board by the Director of the Department of Land Conservation and Development under ORS 197.825 (2)(c). [1979 c.772 §2a; 1983 c.827 §28b; 1997 c.436 §2; 1999 c.257 §3; 2005 c.245 §2; 2005 c.829 §11]

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1985–2026 · leading case: Towey v. City of Hood River, 516 P.3d 738 (Or. Ct. App. 2022).
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Towey v. City of Hood River, 516 P.3d 738 (Or. Ct. App. 2022). · cites it 6× “830(1) and ORS 197.820. She argues that “ORS 197.830(1) specifies that it is the timely filing of a [notice of intent to appeal] that ‘shall * * * commenc[e]’ the Board’s review proceeding * * *.”
Just v. City of Lebanon, 88 P.3d 312 (Or. Ct. App. 2004). “LUBA is a tribunal created by the state to ensure that local governments do not misapply the state land use statutes and related goals and rules.”
Oakleigh-McClure Neighbors v. City of Eugene, 344 P.3d 503 (Or. Ct. App. 2015). · cites it 3× ““(4) The board shall adopt rules governing: “(a) The conduct of review proceedings brought before it under ORS 197.”
Columbia River Television v. Multnomah Cnty., 702 P.2d 1065 (Or. 1985). · cites it 2× “However, ORS 197.820(4) authorizes LUBA to adopt rules regarding the conduct of the proceedings brought before it concerning land use matters.”
Wright v. KECH-TV, 707 P.2d 1232 (Or. 1985). “” ORS 197.820(1) (former Or Laws 1979, ch 722, § 2(a)(1)).”
Maguire v. Clackamas Cnty., 279 P.3d 314 (Or. Ct. App. 2012). “ORS 197.820(4) provides that LUBA “shall adopt rules governing” *161 the conduct of review proceedings brought before it.”
Columbia Riverkeeper v. Clatsop Cnty., 341 P.3d 790 (Or. Ct. App. 2014). “See ORS 197.820 (4) (a) (directing LUBA to adopt rules governing *595 “[t]he conduct of review proceedings brought before it under ORS 197.”
Woodard v. City of Cottage Grove, 201 P.3d 210 (Or. Ct. App. 2009). “* * * * * * * “ORS 197.820(4) provides that LUBA shall adopt rules governing the conduct of its review proceedings.”
Columbia River Television v. Multnomah Cnty., 689 P.2d 1014 (Or. Ct. App. 1985). “Even if the definition specifically stated what LUBA has read into it, I think it would exceed LUBA’s limited authority to “adopt rules governing the conduct of review proceedings before it * * ORS 197.820(4). The time from which the appeal period starts to run is specifically…”
Monroe v. City of Corvallis, 347 Or. App. 70 (Or. Ct. App. 2026). “102(4) applies when a petitioner initiates a case by filing a NITA with LUBA under the statutory framework that governs LUBA appeals. Within that framework, the legislature directed LUBA to adopt rules governing the conduct of review proceedings brought before it.”
— Or. Rev. Stat. § 197.820(1) — 3 cases
Just v. City of Lebanon, 88 P.3d 312 (Or. Ct. App. 2004). “LUBA is a tribunal created by the state to ensure that local governments do not misapply the state land use statutes and related goals and rules.”
Wright v. KECH-TV, 707 P.2d 1232 (Or. 1985). “” ORS 197.820(1) (former Or Laws 1979, ch 722, § 2(a)(1)).”
Towey v. City of Hood River, 516 P.3d 738 (Or. Ct. App. 2022). “830(1) and ORS 197.820. She argues that “ORS 197.830(1) specifies that it is the timely filing of a [notice of intent to appeal] that ‘shall * * * commenc[e]’ the Board’s review proceeding * * *.”
— Or. Rev. Stat. § 197.820(4) — 4 cases
Columbia River Television v. Multnomah Cnty., 702 P.2d 1065 (Or. 1985). “However, ORS 197.820(4) authorizes LUBA to adopt rules regarding the conduct of the proceedings brought before it concerning land use matters.”
Maguire v. Clackamas Cnty., 279 P.3d 314 (Or. Ct. App. 2012). “ORS 197.820(4) provides that LUBA “shall adopt rules governing” *161 the conduct of review proceedings brought before it.”
Woodard v. City of Cottage Grove, 201 P.3d 210 (Or. Ct. App. 2009). “* * * * * * * “ORS 197.820(4) provides that LUBA shall adopt rules governing the conduct of its review proceedings.”
Columbia River Television v. Multnomah Cnty., 689 P.2d 1014 (Or. Ct. App. 1985). “Even if the definition specifically stated what LUBA has read into it, I think it would exceed LUBA’s limited authority to “adopt rules governing the conduct of review proceedings before it * * ORS 197.820(4). The time from which the appeal period starts to run is specifically…”
— Or. Rev. Stat. § 197.820(4)(a) — 3 cases
Towey v. City of Hood River, 516 P.3d 738 (Or. Ct. App. 2022). “830(1) and ORS 197.820. She argues that “ORS 197.830(1) specifies that it is the timely filing of a [notice of intent to appeal] that ‘shall * * * commenc[e]’ the Board’s review proceeding * * *.”
Oakleigh-McClure Neighbors v. City of Eugene, 344 P.3d 503 (Or. Ct. App. 2015). ““(4) The board shall adopt rules governing: “(a) The conduct of review proceedings brought before it under ORS 197.”
Monroe v. City of Corvallis, 347 Or. App. 70 (Or. Ct. App. 2026). “102(4) applies when a petitioner initiates a case by filing a NITA with LUBA under the statutory framework that governs LUBA appeals. Within that framework, the legislature directed LUBA to adopt rules governing the conduct of review proceedings brought before it.”
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