Oregon Statutes 197.254 – Bar to contesting acknowledgment, appealing or seeking amendment
(1) A state agency is barred, after the date set for submission of programs by the Land Conservation and Development Commission as provided in ORS § 197.180 (4), from contesting a request for acknowledgment submitted by a local government under ORS § 197.251 or from filing an appeal of a post-acknowledgement change under ORS § 197.610 to 197.625 to a comprehensive plan or a land use regulation, if the commission finds that:
Terms Used In Oregon Statutes 197.254
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
(a) The state agency has not complied with ORS § 197.180; or
(b) The state agency has not coordinated its plans, programs or rules affecting land use with the comprehensive plan or land use regulations of the city or county pursuant to a coordination program approved by the commission under ORS § 197.180.
(2) A state agency is barred from seeking a commission order under ORS § 197.644 requiring amendment of a local government comprehensive plan or a land use regulation in order to comply with the agency’s plan or program unless the agency has first requested the amendment from the local government and has had its request denied.
(3) A special district is barred from contesting a request for initial compliance acknowledgment submitted by a local government under ORS § 197.251 or from filing an appeal of a post-acknowledgement change under ORS § 197.610 to 197.625 to a comprehensive plan or a land use regulation, if the county or metropolitan service district assigned coordinative functions under ORS § 195.025 (1) finds that:
(a) The special district has not entered into a cooperative agreement under ORS § 195.020; or
(b) The special district has not coordinated its plans, programs or regulations affecting land use with the comprehensive plan or land use regulations of the local government pursuant to its cooperative agreement made under ORS § 195.020.
(4) A special district is barred from seeking a commission order under ORS § 197.644 requiring amendment of a local government comprehensive plan or a land use regulation in order to comply with the special district’s plan or program unless the special district has first requested the amendment from the local government and has had its request denied. [1977 c.664 § 16; 1981 c.748 § 11; 1983 c.827 § 57; 1991 c.612 § 11; 2009 c.606 § 4; 2011 c.280 § 7]
[1973 c.80 § 39; 1981 c.748 § 29b; 1983 c.827 § 57a; renumbered 195.035 in 1993]