Land Use Regulations and Plan Amendments Guidelines
Guidelines for comprehensive plan amendments and land use regulation amendments in Oregon, detailing the process from submission to final decision. Explanation on who approves Post-Acknowledgment Plan Amendments (PAPAs) and the consequences of not following the rules outlined.
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POST- ACKNOWLEDGMENT PLAN AMENDMENTS NOVEMBER 18, 2020 Gordon Howard and Angela Williamson Oregon Department of Land Conservation and Development
APPLIES TO COMPREHENSIVE PLAN AMENDMENTS AND LAND USE REGULATION AMENDMENTS STATUTES ORS 197.610 ORS 197.615 LOCAL GOVERNMENT MUST SUBMIT PROPOSED CHANGE AT LEAST 35 DAYS BEFORE THE FIRST EVIDENTIARY HEARING LOCAL GOVERNMENTS MUST SUBMIT ADOPTED CHANGE NO MORE THAN 20 DAYS AFTER A FINAL DECISION RULES OAR 660-018 Commission / Meeting Title 2
Does DLCD approve PAPAs? ANSWER: NO! LOCAL GOVERNMENTS APPROVE PAPAs. Parties that object to the approval (and meet all the other requirements for standing) can appeal to LUBA The Department is just another party we don t say yes or no, we can only provide comments to the local government decision-makers and, if we have standing, can appeal the decision to LUBA just like any other party. And we have to get the Commission to ratify our decision to appeal at a Commission meeting. EXCEPTION: Expansions of urban growth boundaries > 50 acres. (ORS 197.626) Commission / Meeting Title 3
1. An amendment to the comprehensive plan 2. An amendment to a land use regulation a. Zoning Ordinance b. Development Code c. Subdivision Ordinance d. Anything else that requires a local government land use decision and ordinance What requires a post- acknowledgment plan amendment notice? There are exemptions, but when in doubt, SUBMIT A NOTICE Commission / Meeting Title 4
Local government submits notice of proposed amendment Department reviews the submittal STEPS Department makes any comments on submittal at least 15 days before the final evidentiary hearing Local government submits notice of adopted amendment Commission / Meeting Title 5
What happens if rules broken? Local government doesn t submit notice of proposed amendment? Or submits it late? Or doesn t submit all of the required information? (does not include actual staff report, but at least information about when staff report will be available) Objector is not subject to raise it or waive it rule on appeal Local government doesn t submit notice of adopted amendment? Amendment is not acknowledged any party can challenge it for up to ten years DLCD doesn t submit comments at least 15 days before the final evidentiary hearing? Unclear, because it never happens
PROCESS local govt perspective Submitting notice of proposed amendment Submitting notice of adopted amendment Viewing access to the post-acknowledgement plan amendment (PAPA) database Commission / Meeting Title 7
How to Submit and Review PAPAs 1. GET LOGIN CREDENTIALS FROM INGRID CAUDEL* 2. FILL OUT NOTICE OF PROPOSED AMENDMENT 3. USE LOGIN CREDENTIALS TO VIEW DATABASE 4. FILL OUT NOTICE OF ADOPTED AMENDMENT You can still fill it out on paper and send it in if you must BUT IT S EASY TO DO IT ONLINE! Ingrid Caudel: Ingrid.caudel@state.or.us or 971-701-1133 * If Ingrid is not available: Angela Williamson: angela.williamson@state.or.us or 971-345-1987 Commission / Meeting Title 8
PROCESS Local government submits notice of proposed amendment DLCD staff does a very limited initial screening, includes any comments, assigns to relevant regional representative, assigns relevant Statewide Planning Goals, assigns other staff specialists to review IF NECESSARY* Regional representative leads review team, ASSIGNS OTHER STAFF SPECIALISTS BASED ON JUDGMENT, coordinates detailed review and comments, submits comments to city, participates in local process * NOTE: A majority of submittals do not require any significant DLCD review or comment Commission / Meeting Title 9
Goal 10 Housing: Kevin Young Goal 14 Urbanization: Kevin Young Goal 11 Public Facilities: Kevin Young Goal 9 Economic Development: Leigh McIlvaine Goal 1 Citizen Involvement: Sadie Carney (now Kirstin Greene) Goal 3 Agriculture: Hilary Foote Goal 4 Forestry: Hilary Foote Goal 12 Transportation: Bill Holmstrom Goal 7 Natural Hazards: Marian Lahav, for Flood Hazards: Celinda Adair Anything else County or Rural: Jon Jinings ANYthing Coastal: Deanna Caracciolo Anything Significant Coastal: Heather Wade Goal 5: Amanda Punton (now Gordon Howard) Miscellaneous Code Issues: Laura Buhl or Stacey Goldstein Review Team Regulars Regional Rep responsible for coordination, assignments Commission / Meeting Title 10
Can be anything from phone call inquiry, to informal email, to formal comment JUDGMENT OF THE REGIONAL REP AS TO LEVEL OF INVOLVEMENT INTERACTION WITH LOCAL GOVERNMENTS Must be submitted to local government at least 15 days before the final evidentiary hearing OFTEN A SHORT TIMELINE! specialist comments deadline responsibility of the regional rep. Formal comment NECESSARY if there is a potential for department appeal. Commission / Meeting Title 11
