ORS 197A.513 Plan Amendments; Approvals; Petition For Writ of Mandamus

• Library: Oregon Statutes
• Edition: 2023
• Currency: Current through legislation effective January 1, 2024
• Year: 2023
• Citation: ORS 197A.513

(1) The state, Metro, all affected local governments and any affected special districts and political subdivisions shall:

(a) Amend their comprehensive, functional or regional framework plans, including public facility plans, transportation system plans and all applicable land use regulations, as necessary to be consistent with a land use final order adopted under ORS 197A.509 and 197A.511; and

(b) Issue the appropriate development approval, permit, license, certificate or other approval necessary for the construction of the project or project improvements to implement a land use final order as necessary to avoid significantly delaying the completion or implementation of the project. Development approvals, permits, licenses, certificates or other approvals may be subject only to reasonable and necessary conditions of approval but those conditions may not, by themselves or cumulatively, prevent implementation of a land use final order.

(2) For the purposes of subsection (1)(b) of this section:

(a) An approval condition is not reasonable or necessary, or is considered to prevent implementation of a land use final order, if the approval condition applies to a measure, improvement or development that:

(A) Is not included in the scope of the project in the Full Funding Grant Agreement;

(B) Does not qualify for federal New Starts funding pursuant to 49 U.S.C. 5309;

(C) Is not physically and functionally necessary for the project; or

(D) The steering committee established under ORS 197A.509 has determined:

(i) To be infeasible using the federal, state and local funds within the project budget;

(ii) Will significantly delay the completion or otherwise prevent the timely implementation of the project; or

(iii) Will have a significant negative impact on the operations of the project.

(b) In the event that a land use approval is delayed causing significant delay of the completion or implementation of the project, TriMet may pursue any remedy available in law or equity. Not less than 10 days prior to commencing an action for relief under this section, TriMet shall provide written notice to each local government to which TriMet submitted an application for a land use decision relating to the project.