Or. Admin. Code § 660-018-0010

Current through Register Vol. 63, No. 10, October 1, 2024

Section 660-018-0010 - Definitions and Computation of Time

(1) For the purpose of this division, the definitions in ORS 197.015 apply. In addition, the following definitions apply:

(a) "A change" to an acknowledged comprehensive plan or land use regulation means an amendment to the plan or implementing land use regulations, including an amendment to the plan text or map. This term includes additions and deletions to the acknowledged plan or regulations, the adoption of a new plan or regulation, or the repeal of an acknowledged plan or regulation.

(b) "Date of Decision" means the date on which the local government adopts the change.

(c) "Date of Mailing" means the date the documents are postmarked or the date of U.S. Postal Service proof of mailing.

(d) "Decision" means a local government adoption of a change to a comprehensive plan or land use regulation. Except where adoption is required by ORS 197.646 for new statutes or rules, a local government denial of a proposed change shall not be considered a "Decision" for purposes of notices of adoption otherwise required by this division.

(e) "Final Evidentiary Hearing" means the last hearing where all interested persons are allowed to present evidence and rebut testimony on a proposal to adopt a change to a comprehensive plan or land use regulation. A hearing held solely on the record of a previous hearing held by the governing body or its designated hearing body is not a "final evidentiary hearing."

(f) "First Evidentiary Hearing" means the first hearing conducted by the local government where interested persons are allowed to present and rebut evidence and testimony on a proposal to adopt a change to a comprehensive plan or land use regulation. "First evidentiary hearing" does not include a work session or briefing where public testimony is not allowed.

(g) "Map Change" means a change in the designation or boundary of an area as shown on the comprehensive plan map, zoning map or both, including an area added to or removed from a comprehensive plan or zoning map.

(2) Computation of time: for purposes of this division, the time within which a particular act must be done, such as "35 days before," is computed as follows. The first day of the designated period to complete the task, notice, objection or appeal shall not be counted. The last day of the period shall be counted unless it is a Saturday, Sunday or legal holiday under ORS 187.010 or 187.020. In that event the period shall run until the end of the next day that is not a Saturday, Sunday or legal holiday.

Or. Admin. Code § 660-018-0010

LCDC 14-1981, f. & ef. 12-15-81; LCDC 12-1983, f. & ef. 12-29-83; LCDC 3-1987, f. & ef. 11-12-87; LCDD 3-2000, f. & cert. ef. 2-14-00; LCDD 3-2008, f. & cert. ef. 4-18-08; LCDD 6-2011, f. & cert. ef. 10-20-11; LCDD 3-2012, f. & cert. ef. 2-14-12

Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 187.010, 187.020, 197.610-197.625