Bill Text: OR SB645 | 2013 | Regular Session | Introduced

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Bill Title: Relating to local land use approvals of land uses subject to other governmental permits.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB645 Detail]

Download: Oregon-2013-SB645-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2719

                         Senate Bill 645

Sponsored by COMMITTEE ON BUSINESS AND TRANSPORTATION

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits local government from imposing standards or
conditions of approval for land use permits that are more
restrictive than standards or conditions of approval applied in
federal or state regulatory permits except in case of preexisting
regulatory program of local government.

                        A BILL FOR AN ACT
Relating to local land use approvals of land uses subject to
  other governmental permits.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS 215.402 to 215.438. + }
  SECTION 2.  { + (1) A county may not impose or enforce a
standard or condition of approval for a land use permit that is
more restrictive than the standards or conditions applied in a
required state or federal regulatory permit unless the county has
adopted a specific, preexisting regulatory program that applies
clear and objective standards to the land use.
  (2) If a required federal or state regulatory permit has not
been issued for the land use that is the subject of a land use
application when the county issues a permit or adopts changes to
the comprehensive plan, and land use regulations implementing the
plan, the county:
  (a) Shall condition the permit or adopted changes on obtaining
the required federal or state regulatory permits; and
  (b) May not apply or enforce standards or conditions in the
permit that are more restrictive than the standards or conditions
applied in the required state or federal regulatory permits
unless the county has adopted a specific, preexisting regulatory
program that applies clear and objective standards to the land
use. + }
  SECTION 3.  { + Section 4 of this 2013 Act is added to and made
a part of ORS 227.160 to 227.186. + }
  SECTION 4.  { + (1) A city may not impose or enforce a standard
or condition of approval for a land use permit that is more
restrictive than the standards or conditions applied in a
required state or federal regulatory permit unless the city has
adopted a specific, preexisting regulatory program that applies
clear and objective standards to the land use.
  (2) If a required federal or state regulatory permit has not
been issued for the land use that is the subject of a land use
application when the city issues a permit or adopts changes to
the comprehensive plan, and land use regulations implementing the
plan, the city:
  (a) Shall condition the permit or adopted changes on obtaining
the required federal or state regulatory permits; and
  (b) May not apply or enforce standards or conditions in the
permit that are more restrictive than the standards or conditions
applied in the required state or federal regulatory permits
unless the city has adopted a specific, preexisting regulatory
program that applies clear and objective standards to the land
use. + }
  SECTION 5.  { + Sections 2 and 4 of this 2013 Act apply to land
use applications filed on or after the effective date of this
2013 Act. + }
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