Oregon Statutes - Chapter 568 - Soil and Water Conservation; Water Quality Management - Section 568.740 - Board of adjustment established for each district; membership; appointment; term; disqualification.

(1) Where the directors of any district adopt an ordinance prescribing land-use regulations in accordance with the provisions of ORS 568.630 to 568.690, they shall further provide by ordinance for establishment of a board of adjustment consisting of three members.

(2) Each member shall be appointed for a three-year term, except that the members first appointed shall be appointed for terms of one, two and three years, respectively. The members of each such board of adjustment shall be appointed by the State Department of Agriculture, with the advice and approval of the directors of the district for which such board has been established, and shall be removable upon written notice.

(3) Any member of a board of adjustment who, in the judgment of the department, is personally or financially interested in any matter brought before the board on which the member sits shall be disqualified by the department from participation on the board of adjustment in such matter; and the department, with the advice and consent of the governing body of the district, shall appoint a member pro tempore who shall serve on the board of adjustment in its consideration of such matter until such matter is finally disposed of by the board of adjustment. If in the judgment of the department a board of adjustment member’s personal or financial interest in matters before the board is of such a character as to conflict permanently or otherwise interfere with the discharge of such member’s duties, the department may declare such member’s position vacant. “Personal or financial interest,” as used in this subsection, includes, but is not limited to, the ownership of land or of capital or voting stock in any corporation which is the owner of land subject to land-use regulations, which regulations are before the board of adjustment for review under the provisions of ORS 568.770. [Amended by 1961 c.236 §2; 1981 c.92 §37]

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Last modified: August 7, 2008