ORS 466.385: Amendment of comprehensive plan and land use regulations; model language; appeal of land use decision related to site requiring notice.

(1) By the first periodic review after development of model language under subsection (2) of this section, the governing body of a city or county shall amend its comprehensive plan and land use regulations as provided in ORS 197.610 to 197.651 to establish and implement policies regarding potentially hazardous environmental conditions on sites listed under ORS 466.365. The land use regulations shall provide that: (a) The city or county shall not approve any proposed use of a disposal site for which the city or county has received notice under ORS 466.370 until the Department of Environmental Quality has been notified and provided the city or county with comments on the proposed use; and (b) Within 120 days of receipt of an environmental hazard notice from the Department of Environmental Quality, the city or county shall amend its zoning maps to identify the disposal site. (2) The Department of Environmental Quality and the Department of Land Conservation and Development shall: (a) Develop model language for comprehensive plans and land use regulations for use by cities and counties in complying with this section; and (b) Provide technical assistance to cities and counties in complying with ORS 466.360 to 466.385. (3) The Department of Environmental Quality may appeal to the Land Use Board of Appeals any final land use decision or limited land use decision made by a city or county regarding any proposed use of a disposal site that has been identified under its comprehensive plan and land use regulations pursuant to this section. [1985 c.273 §7; 1991 c.612 §22; 1991 c.817 §30; 2001 c.672 §12]