Oregon Statutes - Chapter 197 - Comprehensive Land Use Planning Coordination - Section 197.646 - Implementation of new or amended goals, rules or statutes; rules.

(1) A local government shall amend its acknowledged comprehensive plan, regional framework plan and land use regulations implementing either plan by a self-initiated post-acknowledgment process under ORS 197.610 to 197.625 to comply with:

(a) A new statutory requirement; or

(b) A new land use planning goal or rule requirement adopted by the Land Conservation and Development Commission.

(2) Periodic review is not the implementation process for new statutory, land use planning goal or rule requirements.

(3)(a) The Department of Land Conservation and Development shall notify local governments when a new statutory requirement or a new land use planning goal or rule requirement adopted by the commission requires changes to an acknowledged comprehensive plan, a regional framework plan and land use regulations implementing either plan.

(b) The commission shall establish, by rule, the time period within which an acknowledged comprehensive plan, a regional framework plan and land use regulations implementing either plan must be in compliance with:

(A) A new statutory requirement, if the legislation does not specify a time period for compliance; and

(B) A new land use planning goal or rule requirement adopted by the commission.

(4) When a local government does not adopt amendments to a comprehensive plan, a regional framework plan and land use regulations implementing either plan as required by subsection (1) of this section, the new statutory, land use planning goal or rule requirements apply directly to the local government’s land use decisions. The failure to adopt amendments to a comprehensive plan, a regional framework plan and land use regulations implementing either plan required by subsection (1) of this section is a basis for initiation of enforcement action pursuant to ORS 197.319 to 197.335. [1991 c.612 §7; 2005 c.829 §7; 2007 c.71 §67]

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Last modified: August 7, 2008