ORS § 197.405

Current through 2024 Regular Session legislation effective June 6, 2024
Section 197.405 - Designation of areas of critical state concern; commission recommendation; committee review; approval by Legislative Assembly
(1) The Land Conservation and Development Commission may recommend to appropriate legislative committees the designation of areas of critical state concern. Each such recommendation:
(a) Shall specify the reasons for the implementation of additional state regulations for the described geographic area;
(b) Shall include a brief summary of the existing programs and regulations of state and local agencies applicable to the area;
(c) May include a management plan for the area indicating the programs and regulations of state and local agencies, if any, unaffected by the proposed state regulations for the area;
(d) May establish permissible use limitations for all or part of the area;
(e) Shall locate a boundary describing the area; and
(f) May designate permissible use standards for all or part of the lands within the area or establish standards for issuance or denial of designated state or local permits regulating specified uses of lands in the area, or both.
(2) The commission may act under subsection (1) of this section on its own motion or upon the recommendation of a state agency or a local government. If the commission receives a recommendation from a state agency or a local government and finds the proposed area to be unsuitable for designation, it shall notify the state agency or the local government of its decision and its reasons for that decision.
(3) Immediately following its decision to favorably recommend to the Legislative Assembly the designation of an area of critical state concern, the commission shall submit the proposed designation accompanied by the supporting materials described in subsection (1) of this section to the appropriate legislative committees for review.
(4) No proposed designation under subsection (1) of this section shall take effect unless it has first been submitted to appropriate legislative committees under subsection (3) of this section and has been approved by the Legislative Assembly. The Legislative Assembly may adopt, amend or reject the proposed designation.

ORS 197.405

1973 c.80 §26; 1977 c.664 §28; 1981 c.748 §12; 2007 c. 354, § 11