Oregon Revised Statutes Chapter 197 § 197.835 — Scope

Scope of review; rules. (1)(a) The Land Use Board of Appeals shall review the land use decision or limited land use decision and prepare a final order affirming, reversing or remanding the land use decision or limited land use decision. (b) If a local government demonstrates that a land use decision adopting a change to an acknowledged comprehensive plan or land use regulation contains a severability clause and specifically challenged portions of the changes may be reasonably severable from the remainder of the changes, the board may affirm in part. Reasonably severable means the remaining parts, standing alone, are complete and capable of being executed with the legislative intent. The affirmed parts are not affected by the reversal or remand, continue in effect and are considered acknowledged as described in ORS 197.625. (c) The board shall adopt rules defining the circumstances in which it will reverse rather than remand a land use decision or limited land use decision or part of a decision that is not affirmed. (2)(a) Review of a decision under ORS 197.830 to 197.845 shall be confined to the record. (b) In the case of disputed allegations of standing, unconstitutionality of the decision, ex parte contacts, actions described in subsection (10)(a)(B) of this section or other procedural irregularities not shown in the record that, if proved, would warrant reversal or remand, the board may take evidence and make findings of fact on those allegations. The board shall be bound by any finding of fact of the local government, special district or state agency for which there is substantial evidence in the whole record. (3) The board may only review issues raised by any participant before the local hearings body as provided by ORS 197.195, 197.622, 197.797 or 197A.146, whichever is applicable. (4) A petitioner may raise new issues to the board regarding a quasi-judicial decision made under ORS 197.195, 197.797 or 197A.146 only if: (a) The local government failed to list the applicable criteria for a decision under ORS