OAR 660-033-0140: Permit Expiration Dates

(1) Except as provided for in section (5) of this rule, a discretionary decision, except for a land division, made after the effective date of this division approving a proposed development on agricultural or forest land outside an urban growth boundary under ORS 215.010 to 215.293 and 215.317 to 215.438 or under county legislation or regulation adopted pursuant thereto is void two years from the date of the final decision if the development action is not initiated in that period. (2) A county may grant one extension period of up to 12 months if: (a) An applicant makes a written request for an extension of the development approval period; (b) The request is submitted to the county prior to the expiration of the approval period; (c) The applicant states reasons that prevented the applicant from beginning or continuing development within the approval period; and (d) The county determines that the applicant was unable to begin or continue development during the approval period for reasons for which the applicant was not responsible. (3) Approval of an extension granted under this rule is an administrative decision, is not a land use decision as described in ORS 197.015 and is not subject to appeal as a land use decision. (4) Except for “residential development” as defined in section (6), additional one-year extensions may be authorized where applicable criteria for the decision have not changed. (5)(a) If a permit is approved for a proposed residential development on agricultural or forest land outside of an urban growth boundary, the permit shall be valid for four years. (b) An extension of a permit described in subsection (5)(a) of this rule is valid for two years. A county may approve no more than five additional one-year extensions of a permit if: (A) The applicant makes a written request for the additional extension prior to the expiration of the extension; (B) The applicable residential development statute has not been amended following the approval of the permit, except the amendments to ORS 215.750 by Oregon Laws 2019, chapter 433, section 1; and (C) An applicable rule or land use regulation has not been amended following the issuance of the permit, unless allowed by the county, which may require that the applicant comply with the amended rule or land use regulation. (6) As used in section (5) of this rule, "residential development" only includes the dwellings provided for under ORS 215.213(3) and (4), 215.284, 215.317, 215.705(1) to (3), 215.720, 215.740, 215.750 and 215.755 (1) and (3).