Oregon Administrative Rules Chapter 661 - LAND USE BOARD OF APPEALS
Overview of OAR Chapter 661 - Land Use Board of Appeals (LUBA)
The Land Use Board of Appeals (LUBA) is a specialized administrative tribunal created by the Oregon legislature to review local government land use decisions. It provides an important mechanism for individuals, developers, and others to appeal decisions made by local planning commissions, city councils, county boards, or other land use authorities.
OAR Chapter 661 contains the administrative rules that govern the procedures, filings, appeals, motions, hearings, and decisions at LUBA.
Purpose and Role of LUBA
Review: LUBA reviews land use decisions made by local governments for compliance with Oregon’s statewide land use planning goals and local comprehensive plans.
Expertise: It provides specialized expertise in interpreting land use laws, such as the Land Use Planning Goals (Oregon Administrative Rules Chapter 660) and the Land Conservation and Development Act (LCDA).
Efficiency: LUBA aims to provide a relatively quick and cost-effective forum for resolving land use disputes, avoiding prolonged litigation in courts.
Deference: It gives deference to the local government’s factual findings but independently reviews legal and policy issues.
Key Areas Covered by OAR Chapter 661
1. Filing and Appeal Procedures
Rules specify who may file an appeal, how to file, deadlines (generally 21 days from local decision), and required content for the appeal.
Procedures for service of notice on all parties.
Forms and formatting requirements for pleadings.
2. Scope of Review
LUBA reviews whether the local government’s decision complies with applicable land use statutes, goals, and plans.
It reviews legal errors, procedural defects, and unsupported factual findings.
The rules outline limitations on raising new issues or evidence on appeal.
3. Motions and Hearings
Procedures for filing motions (e.g., motions to dismiss, motions for reconsideration).
Rules for requesting oral argument or evidentiary hearings, though most LUBA decisions are based on the written record.
Standards for intervenors and participation by third parties.
4. Decision-Making
Timelines for issuing decisions (typically within 45 days after the appeal is filed).
Criteria for affirming, reversing, modifying, or remanding local government decisions.
Rules for issuing final orders and possible remand instructions.
5. Sanctions and Enforcement
LUBA’s authority to sanction parties for frivolous appeals or procedural abuses.
Procedures for correcting clerical errors or procedural irregularities.
Relevant Oregon Statutory Foundations
ORS 197.805 - 197.855: Establishes LUBA, its jurisdiction, and procedures.
ORS 197.825: Governs appeals to LUBA.
ORS 197.845: Details LUBA’s powers to affirm, reverse, or remand decisions.
OAR Chapter 661 implements these statutes by providing detailed procedural rules.
Important Case Law Related to LUBA and OAR Chapter 661
1. Deference to Local Government
Dunn v. Clackamas County, 197 Or App 589 (2005)
Issue: Extent of LUBA’s deference to local government factual findings.
Holding: LUBA and courts give deference to local governments on factual findings if supported by evidence, but LUBA reviews legal conclusions de novo.
2. Timeliness and Jurisdiction
Rode v. Land Use Board of Appeals, 274 Or App 756 (2016)
Issue: Whether an appeal was timely filed and thus within LUBA’s jurisdiction.
Holding: Strict adherence to filing deadlines is required. Late appeals are dismissed regardless of the merits.
3. Scope of Review and Raising New Issues
Walsh v. City of Portland, 182 Or App 81 (2002)
Issue: Whether new issues could be raised before LUBA that were not raised before the local government.
Holding: LUBA generally prohibits raising new issues on appeal unless there is good cause, emphasizing the local government’s primary role in fact-finding.
4. Standard for Reversal
Friends of Yamhill County v. Yamhill County, 330 Or 130 (2000)
Issue: Whether a land use decision violated state goals, justifying reversal.
Holding: LUBA and courts must ensure local government decisions comply with statewide land use goals, reversing decisions that violate the law.
Summary
OAR Chapter 661 sets the procedural framework for appeals to the Land Use Board of Appeals in Oregon.
LUBA provides a specialized forum to review local land use decisions for legal compliance with state laws and plans.
The rules regulate how appeals are filed, processed, and decided, including timelines, motions, hearings, and decisions.
Case law highlights LUBA’s role in balancing deference to local government with its duty to enforce land use laws, emphasizing strict procedural compliance.
The system is designed to ensure fair, efficient, and expert review of land use decisions in Oregon.
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