ORS 197.324: Proceedings prior to order of compliance with goals; disclosure notice.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) On its own motion, the Land Conservation and Development Commission may initiate a proceeding to carry out the provisions of ORS 197.320. If the commission proceeds on its own motion, it shall proceed as set forth in ORS 197.328. (2)(a) After a person meets the requirements of ORS 197.319, the person may file a petition to request that the commission consider the matter. Filing occurs upon mailing the petition to the Department of Land Conservation and Development. (b) The commission shall determine if there is good cause to proceed on the petition. (c) If the commission determines that there is not good cause to proceed on the petition, the commission shall issue a final order dismissing the petition, stating the reasons therefor. (d) If the commission determines that there is good cause to proceed on the petition, the commission shall proceed as set forth in ORS 197.328. (3) Following initiation of a proceeding under subsection (1) of this section or a determination by the commission that there is good cause to proceed on a petition under subsection (2) of this section, the affected local government shall include the following disclosure in any subsequent notice of a land use decision that could be affected by the enforcement order: ______________________________________________________________________________ NOTICE: THE OREGON LAND CONSERVATION AND DEVELOPMENT COMMISSION HAS FOUND GOOD CAUSE FOR AN ENFORCEMENT PROCEEDING AGAINST ________ (Name of local government). AN ENFORCEMENT ORDER MAY BE EVENTUALLY ADOPTED THAT COULD LIMIT, PROHIBIT OR REQUIRE APPLICATION OF SPECIFIED CRITERIA TO ANY ACTION AUTHORIZED BY THIS DECISION BUT NOT APPLIED FOR UNTIL AFTER ADOPTION OF THE ENFORCEMENT ORDER. FUTURE APPLICATIONS FOR BUILDING PERMITS OR ANY TIME EXTENSIONS MAY BE AFFECTED. ______________________________________________________________________________ [1989 c.761 §5; 1995 c.778 §3]
Administrative rules citing this section
- OAR 660-037-0010: Purpose Statement — implements
- OAR 660-037-0020: Policy — implements
- OAR 660-037-0030: Statement of Applicability — implements
- OAR 660-037-0040: Definitions — implements
- OAR 660-037-0050: Minimum Water-Dependent Shoreland Protection Acreage — implements
- OAR 660-037-0060: Designate Water-Dependent Shorelands — implements
- OAR 660-037-0070: Water-Dependent Shoreland Locational and Suitability Criteria — implements
- OAR 660-037-0080: Methods of Protection — implements
- OAR 660-037-0090: Rezoning of Qualifying Shorelands to Nonwater-Dependent Uses — implements
- OAR 660-045-0000: Purpose — implements
- OAR 660-045-0010: Applicability — implements
- OAR 660-045-0020: Definitions — implements
- OAR 660-045-0030: Petitioning for Enforcement — implements
- OAR 660-045-0040: The Citizen’s Request to the Affected Local Government or District — implements
- OAR 660-045-0050: The Local Government or Special District’s Response to a Citizen’s Request — implements
- OAR 660-045-0060: Petitioning the Commission to Initiate Enforcement Proceedings — implements
- OAR 660-045-0070: The Department’s Receipt and Initial Review of a Petition — implements
- OAR 660-045-0080: The Department’s Actions After Accepting a Petition — implements
- OAR 660-045-0090: The Commission’s Determination of Good Cause to Proceed — implements
- OAR 660-045-0110: Notice of the Contested-Case Hearing — implements
- OAR 660-045-0120: Participation of Parties or Limited Parties in the Contested-Case Hearing — implements
- OAR 660-045-0130: The Contested-Case Hearing — implements
- OAR 660-045-0140: Procedures After a Hearing Conducted by a Hearings Officer — implements
- OAR 660-045-0150: Procedures After a Hearing Conducted by the Commission — implements
- OAR 660-045-0170: Terminating an Enforcement Order — implements
- OAR 660-045-0180: Requests for Terminating an Enforcement Order — implements
This rule cites
- ORS 197.320 — resolved
- ORS 197.328 — resolved
- ORS 197.319 — resolved
Cited by
- ORS 197.319: Procedures prior to request of an enforcement order.
- ORS 197.328: Procedures to consider order to comply with goals.
- OAR 660-045-0010: Applicability
- OAR 660-045-0070: The Department’s Receipt and Initial Review of a Petition
- OAR 660-045-0090: The Commission’s Determination of Good Cause to Proceed
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors197.html