Oregon Revised Statutes Chapter 197 § 197.830 — Review

Review procedures; standing; fees; deadlines; rules; issues subject to review; attorney fees and costs; publication of orders; mediation; tracking of reviews. (1) Review of land use decisions or limited land use decisions under ORS 197.830 to 197.845 shall be commenced by filing a notice of intent to appeal with the Land Use Board of Appeals. (2) Except as provided in ORS 197.620, a person may petition the board for review of a land use decision or limited land use decision if the person: (a) Filed a notice of intent to appeal the decision as provided in subsection (1) of this section; and (b) Appeared before the local government, special district or state agency orally or in writing. (3) If a local government makes a land use decision without providing a hearing, except as provided under ORS 197A.140 (2), 215.416 (11) or 227.175 (10), or the local government makes a land use decision that is different from the proposal described in the notice of hearing to such a degree that the notice of the proposed action did not reasonably describe the local government’s final actions, a person adversely affected by the decision may appeal the decision to the board under this section: (a) Within 21 days of actual notice where notice is required; or (b) Within 21 days of the date a person knew or should have known of the decision where no notice is required. (4) If a local government makes a land use decision without a hearing pursuant to ORS 215.416 (11) or 227.175 (10): (a) A person who was not provided notice of the decision as required under ORS 215.416 (11)(c) or 227.175 (10)(c) may appeal the decision to the board under this section within 21 days of receiving actual notice of the decision. (b) A person who is not entitled to notice under ORS 215.416 (11)(c) or 227.175 (10)(c) but who is adversely affected or aggrieved by the decision may appeal the decision to the board under this section within 21 days after the expiration of the period for filing a local appeal of the decision established by the local government under ORS 215.416 (11)(a) or 227.175 (10)(a). (c) A person who receives notice of a decision made without a hearing under ORS 215.416 (11) or 227.175 (10) may appeal the decision to the board under this section within 21 days of receiving actual notice of the nature of the decision, if the notice of the decision did not reasonably describe the nature of the decision. (d) Except as provided in paragraph (c) of this subsection, a person who receives notice of a decision made without a hearing under ORS 197A.140 (2), 215.416 (11) or 227.175 (10) may not appeal the decision to the board under this section. (5) If a local government makes a limited land use decision which is different from the proposal described in the notice to such a degree that the notice of the proposed action did not reasonably describe the local government’s final actions, a person adversely affected by the decision may appeal the decision to the board under this section: (a) Within 21 days of actual notice where notice is required; or (b) Within 21 days of the date a person knew or should have known of the decision where no notice is required. (6) The appeal periods described in subsections (3), (4) and (5) of this section: (a) May not exceed three years after the date of the decision, except as provided in paragraph (b) of this subsection. (b) May not exceed 10 years after the date of the decision if notice of a hearing or an administrative decision made pursuant to ORS 197.195, 197.797 or 197A.146 is required but has not been provided. (7)(a) Within 21 days after a notice of intent to appeal has been filed with the board under subsection (1) of this section, any person described in paragraph (b) of this subsection may intervene in and be made a party to the review proceeding by filing a motion to intervene and by paying a filing fee of $200. (b) Persons who may intervene in and be made a party to the review proceedings, as set forth in subsection (1) of this section, are: (A) The applicant who initiated the action before the local government, special district or state agency; or (B) Persons who appeared before the local government, special district or state agency, orally or in writing. (c) Failure to comply with the deadline or to pay the filing fee set forth in paragraph (a) of this subsection shall result in denial of a motion to intervene. (8) If a state agency whose order, rule, ruling, policy or other action is at issue is not a party to the proceeding, it may file a brief with the board as if it were a party. The brief shall be due on the same date the respondent’s brief is due and shall be accompanied by a filing fee of $100. (9) A notice of intent to appeal a land use decision or limited land use decision shall be filed not later than 21 days after the date the decision sought to be reviewed becomes final. A notice of intent to appeal plan and land use re