Or. Admin. Code § 660-045-0020

Current through Register Vol. 63, No. 11, November 1, 2024

Section 660-045-0020 - Definitions

(1)Affected local government or district means a local government, as defined in ORS 197.015(13), or a special district, as defined in ORS 197.015(19), against which a requester seeks an enforcement order.

(2)Commission means the Land Conservation and Development Commission.

(3)Corrective action means an action sought by a requester or required of an affected local government or district by an enforcement order under ORS 197.335(1)(c). The term includes revisions to an affected local government or district's comprehensive plan, land use regulations, special district cooperative agreement, urban service agreement, or decision-making process. A corrective action is the remedy for the noncompliance specified by an enforcement order.

(4)Department means the Department of Land Conservation and Development.

(5)Enforcement order means a final order adopted by the commission in accordance with the provisions of ORS 197.319 to 197.335 and 197.646.

(6)Interim measure means a temporary measure required of an affected local government or district by an enforcement order in accordance with ORS 197.335(3) to 197.335(5). An interim measure is one in effect only while an affected local government or district is bringing itself into compliance with an enforcement order. Interim measures include (but are not limited to) limitations on land use permits, withholding of state-shared revenues, and review of local land use decisions by a hearings officer or by the department.

(7)Mail means to convey a document by any of the following means: first-class mail via the United States Postal Service, if verified with a certificate of mailing; certified or registered mail via the United States Postal Service; delivery by commercial carrier, if the carrier guarantees delivery within three days and issues a receipt of transmittal. As used in this division, the word mail does not include the transmitting of documents by facsimile (fax), electronic mail (e-mail), or telephone.

(8)Mediation means a process in which a collaborative dispute resolution provider, as defined in OAR 137-001-0005(4), assists the requester and the affected local government or district in reaching a mutually acceptable resolution of issues raised in a petition for enforcement. Mediation is a voluntary process available to parties at any stage of an enforcement proceeding.

(9)Noncompliance means a state of not being in compliance with a currently applicable comprehensive plan, land use regulation, special district cooperative agreement, urban growth management agreement, goal, rule, or other regulation or agreement, as described in ORS 197.320(1) to 197.320(10) or in ORS 197.646. The term includes a failure to comply with applicable case law in making a land use decision. The term includes a pattern or practice of decision making that violates an acknowledged comprehensive plan or land use regulation. Noncompliance is the problem that an enforcement order seeks to eliminate through corrective action.

(10)Pattern of decision making means a mode, method, or instance of decision making representative of a group of decisions with these characteristics:

(a) The decisions involve the same or related provisions of an acknowledged comprehensive plan, land use regulation, or special district cooperative agreement;

(b) The decisions involve the same or similar geographic areas, plan designations, zones, or types of land use; and

(c) The decisions occurred within the three years preceding the date on which the requester sent the affected local government or district the request described in OAR 660-045-0040, or the decisions are likely to occur after that date.

(11)Practice of decision making means a series or succession of decisions with these characteristics:

(a) The decisions involved the same or similar provisions of an acknowledged comprehensive plan, land use regulation, or special district cooperative agreement;

(b) The decisions involved the same or similar geographic areas, plan designations, zones, or types of land use; and

(c) The decisions occurred within the three years preceding the date on which the requester sent the affected local government or district the request described in OAR 660-045-0040.

(12)Requester means a person as defined in ORS 197.015(18) who seeks an enforcement order under ORS 197.319 to 197.335.

(13)Year means any period of 365 consecutive days.

Or. Admin. Code § 660-045-0020

LCDD 5-1998, f. & cert. ef. 9-23-98

Stat. Auth.: ORS 183 & ORS 197

Stats. Implemented: ORS 197.319 - ORS 197.335 & ORS 197.646