Chapter
668
AN ACT
SB 516
Relating to land use planning requirements; amending ORS 197.047, 215.503, 227.186 and 268.393.
Be It Enacted by the People of the State of
SECTION 1. ORS 197.047 is amended to read:
197.047. (1) As used in this section, “owner” means the owner of the title to
real property or the contract purchaser of real property, of record as shown on
the last available complete tax assessment roll.
(2)
At least 90 days prior to the final public hearing on a proposed new or amended
administrative rule of the Land Conservation and Development Commission
described in subsection (10) of this section, the Department of Land
Conservation and Development shall cause the notice set forth in subsection (3)
of this section to be mailed to every affected local government that exercises
land use planning authority under ORS 197.175.
(3)
The notice required in subsection (2) of this section must:
(a) Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:
____________________________________________________________________________
This is to notify you that the Land Conservation and Development Commission has proposed a new or amended administrative rule that, if adopted, may affect the permissible uses of properties in your jurisdiction.
____________________________________________________________________________
(b) Contain substantially the following language in the body of the notice:
____________________________________________________________________________
On
(date of public hearing), the Land Conservation and Development Commission will
hold a public hearing regarding adoption of proposed (new or amended) rule
(number). Adoption of the rule may change the zoning classification of
properties in your jurisdiction or may limit or prohibit land uses previously
allowed on properties in your jurisdiction.
Rule
(number) is available for inspection at the Department of Land Conservation and
Development located at (address). A copy of the proposed rule (number) also is
available for purchase at a cost of $___.
For additional information, contact the Department of Land Conservation and Development at (telephone number).
____________________________________________________________________________
(4) A local government that receives notice under subsection (2) of this section shall cause the notice set forth in subsection (5) of this section to be mailed to every owner of real property that will be rezoned as a result of the proposed rule. Notice to an owner under this subsection must be mailed at least 45 days prior to the final public hearing on the proposed rule.
(5)
The notice required in subsection (4) of this section must:
(a) Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:
____________________________________________________________________________
This is to notify you that the Land Conservation and Development Commission has proposed a new or amended administrative rule that, if adopted, may affect the permissible uses of your property and other properties.
____________________________________________________________________________
(b) Contain substantially the following language in the body of the notice:
____________________________________________________________________________
On
(date of public hearing), the Land Conservation and Development Commission will
hold a public hearing regarding adoption of proposed (new or amended) rule
(number). Adoption of the rule may affect the permissible uses of your
property, and other properties in the affected zone, and may change the value
of your property.
Rule
(number) is available for inspection at the Department of Land Conservation and
Development located at (address). A copy of the proposed rule (number) also is
available for purchase at a cost of $___.
For additional information, contact the Department of Land Conservation and Development at (telephone number).
____________________________________________________________________________
[(1) At least 50 days prior to the effective date of a new or amended administrative rule of the Land Conservation and Development Commission or a new or amended land use planning statute enacted by the Legislative Assembly, as described in subsection (3) of this section, the Department of Land Conservation and Development shall cause a written notice of land use change, in substantially the form described in subsection (2) of this section, to be mailed to every local government that exercises land use planning authority under ORS 197.175.]
(6)
At least 90 days prior to the effective date of a new or amended statute or
administrative rule described in subsection (10) of this section, the
department shall cause the notice set forth in subsection (7) of this section
to be mailed to every affected local government that exercises land use
planning authority under ORS 197.175 unless the statute or rule is effective
within 90 days of enactment or adoption, in which case the department shall
cause the notice to be mailed not later than 30 days after the statute or rule
is effective.
(7)
The notice required in subsection (6) of this section must:
(a) Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:
____________________________________________________________________________
(Check
on the appropriate line:)
___This is to notify you that the Land
Conservation and Development Commission has adopted an administrative rule that
may affect the permissible uses of properties in your jurisdiction; or
___This is to notify you that the Legislative Assembly has enacted a land use planning statute that may affect the permissible uses of properties in your jurisdiction.
____________________________________________________________________________
[(2)] (b) [The notice shall] Contain substantially the following language in the body of the notice:
______________________________________________________________________________
(Check on the appropriate line:)
[(a)] ___On (date of rule adoption), the Land Conservation and Development Commission adopted administrative rule (number). The commission has determined that this rule [will affect the permissible uses of property in your jurisdiction and may reduce the value of subject property] may change the zoning classification of properties in your jurisdiction or may limit or prohibit land uses previously allowed on properties in your jurisdiction.
Rule (number) is available for inspection at the Department of Land Conservation and Development located at (address). A copy of the rule (number) also is available for purchase at a cost of $___.
For additional information, contact the Department of Land Conservation and Development at (telephone number); or
[(b)] ___On (date of enactment) the Legislative Assembly [adopted] enacted (House/Senate bill number). The Department of Land Conservation and Development has determined that enactment of (House/Senate bill number) [will affect the permissible uses of property in your jurisdiction and may reduce the value of subject property] may change the zoning classification of properties in your jurisdiction or may limit or prohibit land uses previously allowed on properties in your jurisdiction.
A copy of (House/Senate bill number) is available for inspection at the Department of Land Conservation and Development located at (address). A copy of (House/Senate bill number) also is available for purchase at a cost of $___.
For additional information, contact the Department of Land Conservation and Development at (telephone number).
______________________________________________________________________________
(8)
A local government that receives notice under subsection (6) of this section
shall cause a copy of the notice set forth in subsection (9) of this section to
be mailed to every owner of real property that will be rezoned as a result of
adoption of the rule or enactment of the statute, unless notification was
provided pursuant to subsection (4) of this section. The local government shall
mail the notice to an owner under this subsection at least 45 days prior to the
effective date of the rule or statute unless the statute or rule is effective
within 90 days of enactment or adoption, in which case the local government
shall mail the notice to an owner under this subsection not later than 30 days
after the local government receives notice under subsection (6) of this
section.
(9)
The notice required in subsection (8) of this section must:
(a) Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:
____________________________________________________________________________
(Check
on the appropriate line:)
___This is to notify you that the Land
Conservation and Development Commission has adopted an administrative rule that
may affect the permissible uses of your property and other properties; or
___This is to notify you that the Legislative Assembly has enacted a land use planning statute that may affect the permissible uses of your property and other properties.
____________________________________________________________________________
(b) Contain substantially the following language in the body of the notice:
____________________________________________________________________________
(Check
on the appropriate line:)
___On (date of rule
adoption), the Land Conservation and Development Commission adopted
administrative rule (number).
The rule may affect the permissible uses of your property, and other properties
in the affected zone, and may change the value of your property.
Rule
(number) is available for inspection at the Department of Land Conservation and
Development located at (address). A copy of the rule (number) also is available
for purchase at a cost of $___.
For
additional information, contact the Department of Land Conservation and
Development at (telephone number); or
___On (date of enactment) the Legislative
Assembly enacted (House/Senate bill number). The Department of Land
Conservation and Development has determined that enactment
of (House/Senate bill number) may affect the permissible uses of your property,
and other properties in the affected zone, and may change the value of your
property.
A
copy of (House/Senate bill number) is available for inspection at the
Department of Land Conservation and Development located at (address). A copy of
(House/Senate bill number) also is available for purchase at a cost of $___.
For additional information, contact the Department of Land Conservation and Development at (telephone number).
____________________________________________________________________________
[(3)] (10) The provisions of this section
apply to all statutes and administrative rules of the Land Conservation and
Development Commission that limit or prohibit otherwise permissible land uses or cause a local government to rezone
property. For purposes of this section, property is rezoned when the statute or
administrative rule causes a local government to:
(a)
Change the base zoning classification of the property; or
(b) Adopt or amend an ordinance in a manner that limits or prohibits land uses previously allowed in the affected zone.
[(4) A local government that receives notice under this section shall cause a copy of the notice to be mailed to every owner of real property that will be rezoned as a result of the adoption or enactment of the rule or statute. Notice to a landowner under this subsection shall be mailed at least 30 days prior to the effective date of the subject rule or statute.]
[(5)] (11) The Department of Land Conservation and Development
shall reimburse the local government for:
(a)
The actual costs incurred responding to questions from the public related to a
proposed new or amended administrative rule of the Land Conservation and
Development Commission and to notice of the proposed rule; and
(b) All usual and reasonable costs of providing [notice] the notices required under subsection [(4) of this section] (4) or (8) of this section.
SECTION 2. ORS 215.503 is amended to read:
215.503. (1) As used in this section, “owner” means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete tax assessment roll.
(2) All legislative acts relating to comprehensive plans, land use planning or zoning adopted by the governing body of a county shall be by ordinance.
(3) Except as provided in subsection (6) of this section and in addition to the notice required by ORS 215.060, at least 20 days but not more than 40 days before the date of the first hearing on an ordinance that proposes to amend an existing comprehensive plan or any element thereof or to adopt a new comprehensive plan, the governing body of a county shall cause a written individual notice of land use change to be mailed to each owner whose property would have to be rezoned in order to comply with the amended or new comprehensive plan if the ordinance becomes effective.
(4) In addition to the notice required by ORS 215.223 (1), at least 20 days but not more than 40 days before the date of the first hearing on an ordinance that proposes to rezone property, the governing body of a county shall cause a written individual notice of land use change to be mailed to the owner of each lot or parcel of property that the ordinance proposes to rezone.
(5) An additional individual notice of land use change required by subsection (3) or (4) of this section shall be approved by the governing body of the county and shall describe in detail how the proposed ordinance would affect the use of the property. The notice shall:
(a) Contain substantially the following language in boldfaced type across the top of the face page extending from the [left-hand] left margin to the [right-hand] right margin [across the top of the face page of the notice]:
______________________________________________________________________________
This is to notify you that (governing body of the county) has proposed a land use regulation that [will] may affect the permissible uses of your [land] property and other properties.
______________________________________________________________________________
(b) Contain substantially the following language in the body of the notice:
______________________________________________________________________________
On (date of public hearing), (governing body) will hold a public hearing regarding the adoption of Ordinance Number___. The (governing body) has determined that adoption of this ordinance [will affect the permissible uses of your property and may reduce the value of your property] may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.
Ordinance Number ___ is available for
inspection at the
For additional information concerning Ordinance Number___, you may call the (governing body) Planning Department at __-___.
______________________________________________________________________________
(6) At least 30 days prior to the adoption or amendment of a comprehensive plan or land use regulation by the governing body of a county pursuant to a requirement of periodic review of the comprehensive plan under ORS 197.628, 197.633 and 197.636, the governing body of the county shall cause a written individual notice of the land use change to be mailed to the owner of each lot or parcel that will be rezoned as a result of the adoption or enactment. The notice shall describe in detail how the ordinance or plan amendment [will] may affect the use of the property. The notice also shall:
(a) Contain substantially the following language in boldfaced type across the top of the face page extending from the [left-hand] left margin to the [right-hand] right margin [across the top of the face page of the notice]:
______________________________________________________________________________
This is to notify you that (governing body of the county) has proposed a land use that [will] may affect the permissible uses of your [land] property and other properties.
______________________________________________________________________________
(b) Contain substantially the following language in the body of the notice:
______________________________________________________________________________
As a result of an order of the Land Conservation and Development Commission, (governing body) has proposed Ordinance Number___. (Governing Body) has determined that the adoption of this ordinance [will affect the permissible uses of your property and may reduce the value of your property] may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.
Ordinance Number ___ will become effective on (date).
Ordinance Number ___ is available for
inspection at the
For additional information concerning Ordinance Number___, you may call the (governing body) Planning Department at ___-___.
______________________________________________________________________________
(7) Notice provided under this section may be included with the tax statement required under ORS 311.250.
(8) Notwithstanding subsection (7) of this section, the governing body of a county may provide notice of a hearing at any time provided notice is mailed by first class mail or bulk mail to all persons for whom notice is required under subsections (3) and (4) of this section.
(9) For purposes of this section, property is rezoned when the governing body of the county:
(a) Changes the base zoning classification of the property; or
(b) Adopts or amends an ordinance in a manner that limits or prohibits land uses previously allowed in the affected zone.
(10) The provisions of this section do not apply to legislative acts of the governing body of the county resulting from action of the Legislative Assembly or the Land Conservation and Development Commission for which notice is provided under ORS 197.047, or resulting from [a decision] an order of a court of competent jurisdiction.
(11) The governing body of the county is not required to provide more than one notice under this section to a person who owns more than one lot or parcel affected by a change to the local comprehensive plan or land use regulation.
(12) The Department of Land Conservation and Development shall reimburse the governing body of a county for all usual and reasonable costs incurred to provide notice required under subsection (6) of this section.
SECTION 3. ORS 227.186 is amended to read:
227.186. (1) As used in this section, “owner” means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete tax assessment roll.
(2) All legislative acts relating to comprehensive plans, land use planning or zoning adopted by a city shall be by ordinance.
(3) Except as provided in subsection (6) of this section, at least 20 days but not more than 40 days before the date of the first hearing on an ordinance that proposes to amend an existing comprehensive plan or any element thereof, or to adopt a new comprehensive plan, a city shall cause a written individual notice of a land use change to be mailed to each owner whose property would have to be rezoned in order to comply with the amended or new comprehensive plan if the ordinance becomes effective.
(4) At least 20 days but not more than 40 days before the date of the first hearing on an ordinance that proposes to rezone property, a city shall cause a written individual notice of a land use change to be mailed to the owner of each lot or parcel of property that the ordinance proposes to rezone.
(5) An additional individual notice of land use change required by subsection (3) or (4) of this section shall be approved by the city and shall describe in detail how the proposed ordinance would affect the use of the property. The notice shall:
(a) Contain substantially the following language in boldfaced type across the top of the face page extending from the [left-hand] left margin to the [right-hand] right margin [across the top of the face page of the notice]:
______________________________________________________________________________
This is to notify you that (city) has proposed a land use regulation that [will] may affect the permissible uses of your [land] property and other properties.
______________________________________________________________________________
(b) Contain substantially the following language in the body of the notice:
______________________________________________________________________________
On (date of public hearing), (city) will hold a public hearing regarding the adoption of Ordinance Number___. The (city) has determined that adoption of this ordinance [will affect the permissible uses of your property and may reduce the value of your property] may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.
Ordinance Number ___ is available for
inspection at the
For additional information concerning Ordinance Number___, you may call the (city) Planning Department at __-__.
______________________________________________________________________________
(6) At least 30 days prior to the adoption or amendment of a comprehensive plan or land use regulation by a city pursuant to a requirement of periodic review of the comprehensive plan under ORS 197.628, 197.633 and 197.636, the city shall cause a written individual notice of the land use change to be mailed to the owner of each lot or parcel that will be rezoned as a result of the adoption or enactment. The notice shall describe in detail how the ordinance or plan amendment [will] may affect the use of the property. The notice also shall:
(a) Contain substantially the following language in boldfaced type across the top of the face page extending from the [left-hand] left margin to the [right-hand] right margin [across the top of the face page of the notice]:
______________________________________________________________________________
This is to notify you that (city) has proposed a land use regulation that [will] may affect the permissible uses of your [land] property and other properties.
______________________________________________________________________________
(b) Contain substantially the following language in the body of the notice:
______________________________________________________________________________
As a result of an order of the Land Conservation and Development Commission, (city) has proposed Ordinance Number ___. (City) has determined that the adoption of this ordinance [will affect the permissible uses of your property and may reduce the value of your property] may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.
Ordinance Number ___ will become effective on (date).
Ordinance Number ___ is available for
inspection at the
For additional information concerning Ordinance Number___, you may call the (city) Planning Department at __-__.
______________________________________________________________________________
(7) Notice provided under this section may be included with the tax statement required under ORS 311.250.
(8) Notwithstanding subsection (7) of this section, a city may provide notice of a hearing at any time provided notice is mailed by first class mail or bulk mail to all persons for whom notice is required under subsections (3) and (4) of this section.
(9) For purposes of this section, property is rezoned when the city:
(a) Changes the base zoning classification of the property; or
(b) Adopts or amends an ordinance in a manner that limits or prohibits land uses previously allowed in the affected zone.
(10) The provisions of this section do not apply to legislative acts of the governing body of the city resulting from action of the Legislative Assembly or the Land Conservation and Development Commission for which notice is provided under ORS 197.047 or resulting from an order of a court of competent jurisdiction.
(11) The governing body of the city is not required to provide more than one notice under this section to a person who owns more than one lot or parcel affected by a change to the local comprehensive plan or land use regulation.
(12) The Department of Land Conservation and Development shall reimburse a city for all usual and reasonable costs incurred to provide notice required under subsection (6) of this section.
SECTION 4. ORS 268.393 is amended to read:
268.393. (1) As used in this section, “owner” means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete tax assessment roll.
[(1)] (2) At least [50] 45 days prior to [the effective date of a] the final public hearing on a proposed new or amended land use planning ordinance of a metropolitan service district, the district shall cause written notice of the [new or amended] proposed ordinance to be mailed to every [government located within the district that exercises land use planning authority under ORS 197.175] owner of real property that will be rezoned as a result of the proposed ordinance.
[(2)] (3) The
notice [described in this section shall]
required in subsection (2) of this
section must:
(a) Contain substantially the following language in boldfaced text extending across the top of the face page from the left margin to the right margin:
____________________________________________________________________________
This is to notify you that the metropolitan service district has proposed a land use planning ordinance that may affect the permissible use of your property and other properties.
____________________________________________________________________________
(b) Contain substantially the following language in the body of the notice:
______________________________________________________________________________
On (date of [ordinance adoption] public hearing), the metropolitan service district [adopted] will hold a public hearing regarding the adoption of ordinance (number). The district has determined that adoption of this ordinance [will affect the permissible uses of property in your jurisdiction and may reduce the value of subject property] may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.
Ordinance (number) is available for inspection at the metropolitan service district offices located at (address). A copy of the ordinance (number) [also] is available for purchase at a cost of $___.
For additional information, contact the metropolitan service district at (telephone number).
______________________________________________________________________________
[(3) A local government that receives notice under this section shall cause a copy of the notice to be mailed to every owner of real property that will be rezoned as a result of the adoption of the ordinance. Notice to a landowner under this subsection shall be mailed at least 30 days prior to the effective date of the subject ordinance.]
[(4) The district shall reimburse the local government for all usual and reasonable costs of providing notice required under subsection (3) of this section.]
(4)
If real property of an owner will be rezoned as a result of the adoption of the
land use planning ordinance and the owner was not notified pursuant to
subsection (2) of this section, at least 30 days prior to the effective date of
a new or amended land use planning ordinance of a metropolitan service district,
the district shall cause written notice of the new or amended ordinance to be
mailed to the owner of the real property that will be rezoned.
(5)
The notice required in subsection (4) of this section must:
(a) Contain substantially the following language in boldfaced text across the top of the face page extending from the left margin to the right margin:
____________________________________________________________________________
This is to notify you that the metropolitan service district has adopted a land use planning ordinance that may affect the permissible use of your property and other properties.
____________________________________________________________________________
(b) Contain substantially the following language in the body of the notice:
____________________________________________________________________________
On (date of ordinance adoption), the metropolitan service district
adopted ordinance (number).
The district has determined that adoption of this ordinance may affect the permissible
uses of your property, and other properties in the affected zone, and may
change the value of your property.
Ordinance
(number) is available for inspection at the metropolitan service district
offices located at (address). A copy of the ordinance (number) is available for
purchase at a cost of $___.
For additional information, contact the metropolitan service district at (telephone number).
____________________________________________________________________________
(6)
For purposes of this section, property is rezoned by a land use planning
ordinance adopted by a metropolitan service district if the ordinance directly
or indirectly requires a local government to:
(a)
Change the base zoning classification of the property; or
(b) Modify land use regulations applicable to the property in a manner that would limit or prohibit land uses previously allowed.
SECTION 4a. If House Bill 2278 becomes law, section 4 of this 2003 Act (amending ORS 268.393) is repealed and ORS 268.393, as amended by section 99, chapter 802, Oregon Laws 2003 (Enrolled House Bill 2278), is amended to read:
268.393. (1) As used in this section, “owner” means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete tax assessment roll.
[(1)] (2) At least [50] 45 days prior to [the effective date of a] the final public hearing on a proposed new or amended land use planning ordinance of a metropolitan service district, the district shall cause written notice of the [new or amended] proposed ordinance to be mailed to every [city and county located within the district that exercises land use planning authority under ORS 197.175] owner of real property that will be rezoned as a result of the proposed ordinance.
[(2)] (3) The
notice [described in this section shall]
required in subsection (2) of this
section must:
(a) Contain substantially the following language in boldfaced text extending across the top of the face page from the left margin to the right margin:
____________________________________________________________________________
This is to notify you that the metropolitan service district has proposed a land use planning ordinance that may affect the permissible uses of your property and other properties.
____________________________________________________________________________
(b) Contain substantially the following language in the body of the notice:
______________________________________________________________________________
On (date of [ordinance adoption] public hearing), the metropolitan service district [adopted] will hold a public hearing regarding the adoption of ordinance (number). The district has determined that adoption of this ordinance [will affect the permissible uses of property in your jurisdiction and may reduce the value of subject property] may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.
Ordinance (number) is available for inspection at the metropolitan service district offices located at (address). A copy of the ordinance (number) [also] is available for purchase at a cost of $___.
For additional information, contact the metropolitan service district at (telephone number).
______________________________________________________________________________
[(3) A city or county that receives notice under this section shall cause a copy of the notice to be mailed to every owner of real property that will be rezoned as a result of the adoption of the ordinance. Notice to a landowner under this subsection shall be mailed at least 30 days prior to the effective date of the subject ordinance.]
[(4) The district shall reimburse a city or county for all usual and reasonable costs of providing notice required under subsection (3) of this section.]
(4)
If real property of an owner will be rezoned as a result of the adoption of the
land use planning ordinance and the owner was not notified pursuant to
subsection (2) of this section, at least 30 days prior to the effective date of
a new or amended land use planning ordinance of a metropolitan service
district, the district shall cause written notice of the new or amended
ordinance to be mailed to the owner of the real property that will be rezoned.
(5)
The notice required in subsection (4) of this section must:
(a) Contain substantially the following language in boldfaced text across the top of the face page extending from the left margin to the right margin:
____________________________________________________________________________
This is to notify you that the metropolitan service district has adopted a land use planning ordinance that may affect the permissible uses of your property and other properties.
____________________________________________________________________________
(b) Contain substantially the following language in the body of the notice:
____________________________________________________________________________
On (date of ordinance adoption), the metropolitan service district
adopted ordinance (number).
The district has determined that adoption of this ordinance may affect the
permissible uses of your property, and other properties in the affected zone,
and may change the value of your property.
Ordinance
(number) is available for inspection at the metropolitan service district
offices located at (address). A copy of the ordinance (number) is available for
purchase at a cost of $___.
For additional information, contact the metropolitan service district at (telephone number).
____________________________________________________________________________
(6)
For purposes of this section, property is rezoned by a land use planning
ordinance adopted by a metropolitan service district if the ordinance directly
or indirectly requires a local government to:
(a)
Change the base zoning classification of the property; or
(b) Modify land use regulations applicable to the property in a manner that would limit or prohibit land uses previously allowed.
Approved
by the Governor
Filed
in the office of Secretary of State
Effective
date
__________