Or. Admin. R. 661-010-0071

Current through Register Vol. 63, No. 4, April 1, 2024

Section 661-010-0071 - Reversal or Remand of Land Use Decisions

(1) The Board shall reverse a land use decision when:

(a) The governing body exceeded its jurisdiction;

(b) The decision is unconstitutional; or

(c) The decision violates a provision of applicable law and is prohibited as a matter of law.

(2) The Board shall remand a land use decision for further proceedings when:

(a) The findings are insufficient to support the decision, except as provided in ORS 197.835(11)(b);

(b) The decision is not supported by substantial evidence in the whole record;

(c) The decision is flawed by procedural errors that prejudice the substantial rights of the petitioner(s);

(d) The decision improperly construes the applicable law, but is not prohibited as a matter of law; or

(e) All parties stipulate in writing to remand.

(3) The Board may reverse or remand a land use decision in part when:

(a) The decision adopts a change to an acknowledged comprehensive plan or land use regulation;

(b) The decision contains a severability clause; and

(c) The affirmed parts, standing alone, are complete and capable of being executed consistent with the local government's legislative intent.

Or. Admin. R. 661-010-0071

LUBA 1-1987, f. & ef. 12-30-87; LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98; LUBA 3-2013; f. 12-12-13, cert. ef. 1-1-14; LUBA 2-2023, temporary amend filed 09/21/2023, effective 9/25/2023 through 12/31/2023; LUBA 5-2023, amend filed 12/20/2023, effective 1/1/2024

Statutory/Other Authority: ORS 197.820(4) & 197.835(1)

Statutes/Other Implemented: ORS 197.835