Oregon Statutes 197.320 – Power of commission to order compliance with goals and plans
The Land Conservation and Development Commission shall issue an order requiring a local government, state agency or special district to take action necessary to bring its comprehensive plan, land use regulation, limited land use decisions or other land use decisions or actions into compliance with the goals, acknowledged comprehensive plan provisions, land use regulations or housing production strategy if the commission has good cause to believe:
Terms Used In Oregon Statutes 197.320
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
(1) A comprehensive plan or land use regulation adopted by a local government not on a compliance schedule is not in compliance with the goals by the date set in ORS § 197.245 or 197.250 for such compliance;
(2) A plan, program, rule or regulation affecting land use adopted by a state agency or special district is not in compliance with the goals by the date set in ORS § 197.245 or 197.250 for such compliance;
(3) A local government is not making satisfactory progress toward performance of its compliance schedule;
(4) A state agency is not making satisfactory progress in carrying out its coordination agreement or the requirements of ORS § 197.180;
(5) A local government has no comprehensive plan or land use regulation and is not on a compliance schedule directed to developing the plan or regulation;
(6) A local government has engaged in a pattern or practice of decision-making that violates an acknowledged comprehensive plan or land use regulation. In making its determination under this subsection, the commission shall determine whether there is evidence in the record to support the decisions made. The commission shall not judge the issue solely upon adequacy of the findings in support of the decisions;
(7) A local government has failed to comply with a commission order entered under ORS § 197.644;
(8) A special district has engaged in a pattern or practice of decision-making that violates an acknowledged comprehensive plan or cooperative agreement adopted pursuant to ORS § 197.020;
(9) A special district is not making satisfactory progress toward performance of its obligations under ORS chapters 195, 197 and 197A;
(10) A local government’s approval standards, special conditions on approval of specific development proposals or procedures for approval do not comply with ORS § 197A.400 (1) or (3);
(11) A local government is not making satisfactory progress toward meeting its obligations under ORS § 195.065;
(12) A local government within the jurisdiction of a metropolitan service district has failed to make changes to the comprehensive plan or land use regulations to comply with the regional framework plan of the district or has engaged in a pattern or practice of decision-making that violates a requirement of the regional framework plan; or
(13) A city is not making satisfactory progress in taking actions listed in its housing production strategy under ORS § 197A.100. [1977 c.664 § 34; 1979 c.284 § 123; 1981 c.748 § 32; 1983 c.827 § 58; 1987 c.729 § 8; 1989 c.761 § 2; 1991 c.612 § 13; 1991 c.817 § 24; 1993 c.804 § 10; 1995 c.547 § 4; 2003 c.793 § 2; 2007 c.176 § 3; 2015 c.374 § 1; 2019 c.640 § 12]
The amendments to 197.320 by section 16, chapter 13, Oregon Laws 2023, become operative January 1, 2025. See section 18, chapter 13, Oregon Laws 2023. The text that is operative on and after January 1, 2025, including amendments by section 11, chapter 326, Oregon Laws 2023, is set forth for the user’s convenience.
The Land Conservation and Development Commission shall issue an order requiring a local government, state agency or special district to take action necessary to bring its comprehensive plan, land use regulation, limited land use decisions or other land use decisions or actions into compliance with the goals, acknowledged comprehensive plan provisions, land use regulations, housing production strategy or housing acceleration agreements if the commission has good cause to believe:
(1) A comprehensive plan or land use regulation adopted by a local government not on a compliance schedule is not in compliance with the goals by the date set in ORS § 197.245 or 197.250 for such compliance.
(2) A plan, program, rule or regulation affecting land use adopted by a state agency or special district is not in compliance with the goals by the date set in ORS § 197.245 or 197.250 for such compliance.
(3) A local government is not making satisfactory progress toward performance of its compliance schedule.
(4) A state agency is not making satisfactory progress in carrying out its coordination agreement or the requirements of ORS § 197.180.
(5) A local government has no comprehensive plan or land use regulation and is not on a compliance schedule directed to developing the plan or regulation.
(6) A local government has engaged in a pattern or practice of decision-making that violates an acknowledged comprehensive plan or land use regulation. In making its determination under this subsection, the commission shall determine whether there is evidence in the record to support the decisions made. The commission shall not judge the issue solely upon adequacy of the findings in support of the decisions.
(7) A local government has failed to comply with a commission order entered under ORS § 197.644.
(8) A special district has engaged in a pattern or practice of decision-making that violates an acknowledged comprehensive plan or cooperative agreement adopted pursuant to ORS § 197.020.
(9) A special district is not making satisfactory progress toward performance of its obligations under ORS chapters 195, 197 and 197A.
(10) A local government’s approval standards, special conditions on approval of specific development proposals or procedures for approval do not comply with ORS § 197A.400 (1) or (3).
(11) A local government is not making satisfactory progress toward meeting its obligations under ORS § 195.065.
(12) A local government within the jurisdiction of a metropolitan service district has failed to make changes to the comprehensive plan or land use regulations to comply with the regional framework plan of the district or has engaged in a pattern or practice of decision-making that violates a requirement of the regional framework plan.
(13) A city with a population of 10,000 or greater that:
(a) Has a pattern or practice of violating housing-related statutes or implementing policies that create unreasonable cost or delay to the production of housing as described in ORS § 197A.400 (1);
(b) Has a pattern or practice of creating adverse disparate impacts to state or federal protected classes or inhibiting equitable access to housing choice, as described in ORS § 197A.100 (2)(b) to (d);
(c) Has failed to enter into a housing acceleration agreement as required under ORS § 197A.130 (6); or
(d) Has materially breached a term of a housing acceleration agreement under ORS § 197A.130 (8), including a failure to meet the timeline for performance under ORS § 197A.130 (8)(a)(A).