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Section 197A.500 – Definitions for ORS 197A.500 to 197A.521.

As used in ORS 197A.500 to 197A.521, unless the context requires otherwise: (1) “Affected local governments” means the cities and the counties within which the project improvements will be located. (2) “Criteria” means the land use criteria established by the Land Conservation and Development Commission as provided in ORS 197A.505. (3) “Development approval” means approval […]

Section 197A.502 – Legislative findings; equivalency of project procedures and requirements to certain land use procedures; construe liberally.

(1) The Legislative Assembly finds that there is a compelling state interest in obtaining maximum federal funding for the Southwest Corridor MAX Light Rail Project in order to: (a) Enhance the statewide transportation network; (b) Ensure the viability of the transportation system planned for the Portland metropolitan area; (c) Complete construction of the project in […]

Section 197A.503 – Preemptive effect of ORS 197A.500 to 197A.521.

Notwithstanding ORS chapters 183, 192, 195, 197, 215 and 227 or any other provision of law, the procedures and requirements provided for in ORS 197A.500 to 197A.521 expressly preempt any vote requirements imposed by the charter of a local government and are the only land use procedures and requirements to which land use decisions and […]

Section 197A.505 – Establishment of criteria for decisions in land use final order.

(1) The Land Conservation and Development Commission shall establish criteria, according to the procedure described in this section, to be used by the Metro Council to make decisions in a land use final order on the project improvements for the project, including their locations. (2) The commission shall hold a public hearing on the criteria […]

Section 197A.507 – Procedure for review of established criteria.

(1) Notwithstanding ORS 183.400, 183.482, 183.484, 197.825 or any other law or regulation, exclusive jurisdiction to review a Land Conservation and Development Commission order establishing criteria under ORS 197A.505 is conferred on the Supreme Court. (2) Proceedings for review of an order by the commission shall be initiated when any person who is adversely affected […]

Section 197A.509 – Development of land use final order; steering committee; application to council for land use final order; council procedures; public hearing; notice; staff report.

(1)(a) On or before the date the Land Conservation and Development Commission adopts the order establishing the criteria under ORS 197A.505, Metro shall establish a steering committee, the initial membership of which shall include a representative from each of the following: (A) Metro; (B) TriMet; (C) The Department of Transportation; and (D) Each affected local […]

Section 197A.511 – Land use final order; notice.

(1)(a) Following a public hearing as provided in ORS 197A.509, the Metro Council shall either: (A) Adopt a land use final order establishing the project improvements and locations applied for by TriMet; or (B) Continue the public hearing and refer the proposed project improvements and locations back to TriMet for further review. (b) If the […]

Section 197A.513 – Plan amendments; approvals; petition for writ of mandamus.

(1) The state, Metro, all affected local governments and any affected special districts and political subdivisions shall: (a) Amend their comprehensive, functional or regional framework plans, including public facility plans, transportation system plans and all applicable land use regulations, as necessary to be consistent with a land use final order adopted under ORS 197A.509 and […]

Section 197A.515 – Land Use Board of Appeals review of land use final order.

(1) Notwithstanding ORS 183.482, 183.484 or 197.825 and as provided by ORS 197A.500 to 197A.521, the Land Use Board of Appeals and the Supreme Court have exclusive jurisdiction for review of a land use final order adopted under ORS 197A.511 relating to the project. (2) Proceedings for review of a land use final order shall […]

Section 197A.519 – Amendments to land use final order.

(1) Following execution of a Full Funding Grant Agreement, the Metro Council shall amend the land use final order to be consistent with the terms and conditions of the Full Funding Grant Agreement. (2) The council shall remove, modify or defer one or more project improvements or measures if: (a) The federal government requires the […]

Section 197A.521 – Failure to meet timeline.

An action taken by the Land Conservation and Development Commission, the Metro Council, the Land Use Board of Appeals or the Supreme Court under ORS 197A.500 to 197A.521 is not invalid due to a failure to meet a timeline established under ORS 197A.500 to 197A.521. [2017 c.714 §12]