ORS 197.636: Procedures and actions for failure to meet periodic review deadlines.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Upon good cause shown by a local government, the Director of the Department of Land Conservation and Development may allow the local government an extension of time for submitting a work program or completing a work task. A decision by the director to grant or deny an extension may be referred to the Land Conservation and Development Commission by the director. The Department of Land Conservation and Development or the commission shall not extend the deadline for submitting a work program more than once nor for more than 90 days, and shall not extend the deadline for a work task more than once nor for more than one year. (2) If a local government fails to submit a work program or to complete a work task by the deadline set by the director or the commission, including any extension that has been granted, the director shall schedule a hearing before the commission. The commission shall issue an order imposing one or more of the following sanctions until the work program or the work task receives final approval by the director or the commission: (a) Require the local government to apply those portions of the goals and rules to land use decisions as specified in the order. Sanctions may be imposed under this paragraph only when necessary to resolve a specific deficiency identified in the order. (b) Forfeiture of all or a portion of the grant money received to conduct the review, develop the work program or complete the work task. (c) Completion of the work program or work task by the department. The commission may require the local government to pay the cost for completion of work performed by the department, following the withholding process set forth in ORS 197.335 (4). (d) Application of such interim measures as the commission deems necessary to ensure compliance with the statewide planning goals. (3) If the department receives a work program or work task completed in response to a commission order issued under subsection (2) of this section, the director shall evaluate and issue a decision on the work program or work task within 90 days. (4) Commission action pursuant to subsection (1) or (2) of this section is a final order subject to judicial review in the manner provided in ORS 197.650. [1991 c.612 §4; 1999 c.622 §4; 2001 c.527 §2; 2005 c.829 §5]
Administrative rules citing this section
- OAR 660-012-0060: Plan and Land Use Regulation Amendments — implements
- OAR 660-018-0060: Who May Appeal — implements
- OAR 660-024-0010: Definitions — implements
- OAR 660-024-0040: Land Need — implements
- OAR 660-024-0050: Land Inventory and Response to Deficiency — implements
- OAR 660-024-0060: Metro Boundary Location Alternatives Analysis — implements
- OAR 660-024-0065: Establishment of Study Area to Evaluate Land for Inclusion in the UGB — implements
- OAR 660-024-0067: Evaluation of Land in the Study Area for Inclusion in the UGB; Priorities — implements
- OAR 660-024-0070: UGB Adjustments — implements
- OAR 660-025-0030: Periodic Review Schedule — implements
- OAR 660-025-0035: Initiating Periodic Review Outside the Schedule — implements
- OAR 660-025-0040: Exclusive Jurisdiction of LCDC — implements
- OAR 660-025-0050: Commencing Periodic Review — implements
- OAR 660-025-0060: Periodic Review Assistance Team(s) — implements
- OAR 660-025-0070: Need for Periodic Review — implements
- OAR 660-025-0080: Notice and Citizen Involvement — implements
- OAR 660-025-0085: Commission Hearings Notice and Procedures — implements
- OAR 660-025-0090: Evaluation, Work Program or Decision that No Work Is Necessary — implements
- OAR 660-025-0100: Notice and Filing of Objections (Work Program Phase) — implements
- OAR 660-025-0110: Director and Commission Action (Work Program Phase) — implements
- OAR 660-025-0130: Submission of Completed Work Task — implements
- OAR 660-025-0140: Notice and Filing of Objections (Work Task Phase) — implements
- OAR 660-025-0150: Director Action and Appeal of Director Action (Work Task Phase) — implements
- OAR 660-025-0160: Commission Review of Referrals and Appeals (Work Task Phase) — implements
- OAR 660-025-0170: Modification of an Approved Work Program, Extensions, and Sanctions for Failure to Meet Deadlines — implements
- OAR 660-025-0175: Review of UGB Amendments and Urban Reserve Area Designations — implements
- OAR 660-025-0180: Stay Provisions — implements
- OAR 660-025-0230: Applicability — implements
- 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
This rule cites
- ORS 197.335 — resolved
- ORS 197.650 — resolved
Cited by
- ORS 215.503: Legislative act by ordinance; mailed notice to individual property owners required by county for land use actions.
- ORS 227.186: Notice to property owners of hearing on certain zone change; form of notice; exceptions; reimbursement of cost.
- OAR 660-025-0170: Modification of an Approved Work Program, Extensions, and Sanctions for Failure to Meet Deadlines
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors197.html