OAR 661-010-0071: Reversal or Remand of Land Use Decisions

(1) The Board shall reverse a land use decision when: (a) The governing body exceeded its jurisdiction; (b) The decision is unconstitutional; or (c) The decision violates a provision of applicable law and is prohibited as a matter of law. (2) The Board shall remand a land use decision for further proceedings when: (a) The findings are insufficient to support the decision, except as provided in ORS 197.835(11)(b); (b) The decision is not supported by substantial evidence in the whole record; (c) The decision is flawed by procedural errors that prejudice the substantial rights of the petitioner(s); (d) The decision improperly construes the applicable law, but is not prohibited as a matter of law; or (e) All parties stipulate in writing to remand. (3) The Board may reverse or remand a land use decision in part when: (a) The decision adopts a change to an acknowledged comprehensive plan or land use regulation; (b) The decision contains a severability clause; and (c) The affirmed parts, standing alone, are complete and capable of being executed consistent with the local government’s legislative intent.