Oregon Administrative Rules Chapter 661 - LAND USE BOARD OF APPEALS
Here’s a structured summary of Oregon Administrative Rules (OAR) Chapter 661 – Land Use Board of Appeals (LUBA):
📘 Chapter Overview
Chapter 661 governs the operation of the Land Use Board of Appeals (LUBA), which reviews appeals of local land use decisions in Oregon. It is administered by the Secretary of State and updated monthly; the current version is dated May 26, 2025 (oregon.public.law).
📂 Divisions
Division 1 – Notice Rule for the Land Use Board of Appeals
661‑001‑0000: Notice of Proposed Rulemaking
661‑001‑0005: Model Rules of Procedure
Last updated June 8, 2021 (oregon.public.law)
Division 10 – Rules of Procedure for Appeals
661‑010‑0000 to 661‑010‑0075: Detailed procedural rules covering:
Filing appeals (Notice of Intent to Appeal)
Record submission and objections
Petitions for review
Respondent briefs
Oral argument protocol
Issuance of final decisions and orders
Cost bills and other administrative matters (law.cornell.edu, oregon.gov)
🕓 Recent Rule-Making History (Division 10)
LUBA 1-2025: Amended Jan 7, 2025 – effective Jan 15, 2025
LUBA 3-2024: Corrected Nov 1, 2024
LUBA 2-2024: Amended Oct 25, 2024 – effective Nov 1, 2024
LUBA 1-2024: Amended Mar 20, 2024 – effective Apr 1, 2024 (oregon.gov)
🔍 Key Procedural Highlights
Appeals start with a Notice of Intent to Appeal filed within 21 days of a local land use decision (oregon.gov).
The Respondent must file the full decision record within 21 days; objections can be raised within 14 days (oregon.gov).
The Petition for Review is due within 21 days of record settlement (oregon.gov).
The Respondent’s Brief follows 42 days later (oregon.gov).
Oral argument (usually virtual) allows 15 minutes each for Petitioner and Respondent, with limited rebuttal (oregon.gov).
A final written decision is typically issued within weeks after argument .
Filing a cost bill is possible once the final order is issued, subject to timing rules (oregon.gov).
Appeals from LUBA go to the Oregon Court of Appeals and must be filed within 21 days after LUBA mails its final order (oregon.gov).
✅ How to Access the Full Rule Text
OregonLaws (Public.Law) – Official updated text by division and rule section (oregon.public.law).
Cornell LII – Helpful summary with links to each section .
Justia Regulations – Provides full but potentially less current versions (regulations.justia.com).
LUBA’s official site – Updated rulemaking notices, forms, exhibits, and historical amendments (oregon.gov).
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