Hugo Neighborhood Association & Historical Society
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Hugo Neighborhood Association & Historical Society |
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150-DAY ORS STANDARDS
150-Day ORS Standards For Oregon Land Use Planning Authorities
ORS 215.427(6) The 150-Day rule does not apply to an amendment to an acknowledged comprehensive plan or land use regulation or adoption of a new land use regulation that was forwarded to the Department of Land Conservation and Development under ORS 197.610 (1). A violation of the 150-Day rule (ORS 215.427) results in a chilling effect on citizen participation in the county land use process, and a mandamus process (ORS 215.429) that may follow from those violations, to move the land use process out of the jurisdiction of the Josephine County (JO CO) Board of Commissioners to the local circuit court, and the award of attorney fees (ORS 20.075(1)) against intervenors (i.e., citizens). For many citizens there is no remedy left but to start a citizen initiated enforcement order against the county for a pattern and practice of violating the law (ORS 197.335). Mandamus Proceedings ORS 215.427(1) - Final Action On County Permit Within 150 Days "Final action on permit or zone change application required within 120 or 150 days; exceptions; refund of application fees. (1) Except as provided in subsections (3) and (4) of this section, for land within an urban growth boundary and applications for mineral aggregate extraction, the governing body of a county or its designee shall take final action on an application for a permit, limited land use decision or zone change, including resolution of all appeals under ORS 215.422, within 120 days after the application is deemed complete. The governing body of a county or its designee shall take final action on all other applications for a permit, limited land use decision or zone change, including resolution of all appeals under ORS 215.422, within 150 days after the application is deemed complete, except as provided in subsections (3) and (4) of this section." Mandamus Proceeding When County Fails to Take Final Action Within 150 Days - ORS 215.429 "Mandamus proceeding when county fails to take final action on land use application within specified time; jurisdiction; notice; peremptory writ. (1) Except when an applicant requests an extension under ORS 215.427, if the governing body of the county or its designee does not take final action on an application for a permit, limited land use decision or zone change within 120 days or 150 days, as appropriate, after the application is deemed complete, the applicant may file a petition for a writ of mandamus under ORS 34.130 in the circuit court of the county where the application was submitted to compel the governing body or its designee to issue the approval." More Information The Hugo Land Use Committee’s "150-Day Violations" brochure series includes the following 11 educational brochures.
More Information. Would you like to learn more? Contact a member of the Land Use Committee of the Hugo Neighborhood.
Disclaimer. This brochure is as much about providing information and provoking questions as it is about opinions concerning the adequacy of findings of fact and land use decisions. It does not provide recommendations to citizens and it is not legal advice. It does not take the place of a lawyer. If citizens use information contained in this paper, it is their personal responsibility to make sure that the facts and general information contained in it are applicable to their situation. |
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@ 2010 Hugo Neighborhood Association & Historical Society |
