OAR Chapter 661 — Land Use Board of Appeals

Division 1 NOTICE RULE FOR THE LAND USE BOARD OF APPEALS

Or. Admin. R. 661-001-0000 Notice of Proposed Rulemaking

Prior to adoption, amendment or repeal of any rule, the Land Use Board of Appeals shall give notice of the intended action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date.

(2) By mailing a copy of notice to persons on the Land Use Board of Appeals' mailing list established pursuant to ORS 183.335(8) at least 28 days prior to the effective date.

(3) By mailing or furnishing a copy of the notice to members of the House of Representatives and the Senate required by ORS 183.335(15).

(4) By mailing or furnishing a copy of the notice to:

(a) Associated Press;

(b) Association of Oregon Counties;

(d) Oregon Business & Industry;

(e) Home Builders Association of Metropolitan Portland;

(f) Oregon Home Builders Association;

(g) 1000 Friends of Oregon;

(h) Oregon Property Owners Association;

(i) Oregon Association of Realtors;

(j) Oregon State Bar, Real Estate and Land Use Section; and

(k) Oregon Department of Land Conservation and Development.

History

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 183
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10
LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02
LUBA 3-1980, f. & ef. 8-6-80
LUBA 1-1980(Temp), f. & ef. 4-22-80

Or. Admin. R. 661-001-0005 Model Rules of Procedure

The Land Use Board of Appeals adopts by reference division 1 of the Oregon State Attorney General’s Model Rule.

History

Statutory/Other Authority: ORS 183
LUBA 1-1981, f. & ef. 4-24-81

Division 10 RULES OF PROCEDURE FOR APPEALS

Or. Admin. R. 661-010-0000 Introduction

Scope of Rules and Effective Date: All proceedings commenced by a notice of intent to appeal filed on or after January 1, 2026, shall be governed by these rules. Proceedings commenced before January 1, 2026, shall be governed by OAR 661-010-0005 through OAR 661-010-0075 as effective on the date the notice of intent to appeal was filed.

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.805
LUBA 2-2025, amend filed 12/10/2025, effective 01/01/2026
LUBA 1-2025, amend filed 01/07/2025, effective 01/15/2025
LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024
LUBA 1-2024, amend filed 03/20/2024, effective 04/01/2024
LUBA 5-2023, amend filed 12/20/2023, effective 01/01/2024
LUBA 3-2023, temporary amend filed 10/11/2023, effective 10/11/2023 through 12/31/2023
LUBA 2-2023, temporary amend filed 09/21/2023, effective 09/25/2023 through 12/31/2023
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 2-2022, temporary amend filed 01/26/2022, effective 02/01/2022 through 07/30/2022
LUBA 1-2021, amend filed 06/29/2021, effective 07/01/2021
LUBA 1-2019, amend filed 12/24/2019, effective 01/01/2020
LUBA 1-2018, amend filed 12/28/2018, effective 01/01/2019
LUBA 1-2016, f. 12-22-16, cert. ef. 1-1-17
LUBA 1-2014, f. & cert. ef. 2-26-14
LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10
LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 2-1992, f. & cert. ef. 3-19-92
LUBA 1-1992, f. & cert. ef. 1-21-92
LUBA 1-1987, f. & ef. 12-30-87
Reverted to LUBA 1-1983, f. & ef. 10-3-83
LUBA 2-1983(Temp), f. & ef. 10-5-83
LUBA 1-1983, f. & ef. 10-3-83
LUBA 2-1980, f. & ef. 4-29-80
LUBA 1-1979(Temp), f. & ef. 11-1-79

Or. Admin. R. 661-010-0005 Purpose

These rules are intended to promote the speediest practicable review of land use decisions and limited land use decisions, in accordance with ORS 197.805-197.855, while affording all interested persons reasonable notice and opportunity to intervene, reasonable time to prepare and submit their cases, and a full and fair hearing. The rules shall be interpreted to carry out these objectives and to promote justice. Technical violations not affecting the substantial rights of parties shall not interfere with the review of a land use decision or limited land use decision. Failure to comply with the time limit for filing a notice of intent to appeal under OAR 661-010-0015(1), a motion to intervene under OAR 661-010-0050(2),or a petition for review under OAR 661-010-0030(1), or to respond to an order to show cause under OAR 661-010-0011, is not a technical violation.

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.805
LUBA 2-2025, amend filed 12/10/2025, effective 01/01/2026
LUBA 1-2016, f. 12-22-16, cert. ef. 1-1-17
LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 2-1992, f. & cert. ef. 3-19-92
LUBA 1-1992, f. & cert. ef. 1-21-92
LUBA 1-1987, f. & ef. 12-30-87
LUBA 1-1983, f. & ef. 10-3-83
LUBA 2-1980, f. & ef. 4-29-80
LUBA 1-1979(Temp), f. & ef. 11-1-79

Or. Admin. R. 661-010-0010 Definitions

In these rules, unless the context or subject matter requires otherwise:

(1) “Applicant” means the person who requested that the governing body take an action which resulted in a land use decision or limited land use decision.

(2) “Board” means the Land Use Board of Appeals or any member thereof.

(3) “Final decision”: A decision becomes final when it is reduced to writing and bears the necessary signatures of the decision maker(s), unless a local rule or ordinance specifies that the decision becomes final at a later date, in which case the decision is considered final as provided in the local rule or ordinance.

(4) “Final decision maker” means the governing body, or a person, commission or other entity authorized by the governing body, that makes the final decision.

(5) “Governing body” means a city, county or special district governing body, or a state agency.

(6) “Land use decision” has the meaning given the term in ORS 197.015.

(7) “Lead Intervenor” means the intervenor designated as the contact person for the purpose of receiving documents from the Board and other parties, when two or more intervenors join in a single motion to intervene and are unrepresented by an attorney. See OAR 661-010-0012(6)(b).

(8) “Lead Petitioner” means the petitioner designated as the contact person for the purpose of receiving documents from the Board and other parties, when two or more petitioners are unrepresented by an attorney. See OAR 661-010-0012(6)(a).

(9) “Limited land use decision” has the meaning given the term in ORS 197.015.

(10) “Notice” means the notice of intent to appeal and refers to the document that must be filed with the Board in order to begin a review proceeding.

(11) “Party” means the petitioner, the governing body, and any person who intervenes as provided in OAR 661-010-0050. “Party” does not include a state agency that files a brief under ORS 197.830(8) or an amicus participating under OAR 661-010-0052.

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.015(2), 197.015(10), 197.015(12) & 197.805
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 2-1992, f. & cert. ef. 3-19-92
LUBA 1-1992, f. & cert. ef. 1-21-92
LUBA 1-1987, f. & ef. 12-30-87
LUBA 1-1983, f. & ef. 10-3-83
LUBA 2-1980, f. & ef. 4-29-80
LUBA 1-1979(Temp), f. & ef. 11-1-79

Or. Admin. R. 661-010-0011 Administrative Rule Compliance

(1) The Board may, on its own motion, dismiss a party for lack of prosecution.

(2) A party will be dismissed for lack of prosecution if:

(a) The party has failed to comply with these rules of procedure;

(b) The Board has mailed a notice of noncompliance to the noncompliant party at the mailing address provided for such party in the notice of intent to appeal, motion to intervene, or notice of representation;

(d) The Board has issued an order to show cause why the noncompliant party should not be dismissed; and

(e) The Board has not received a satisfactory response to the order to show cause from the noncompliant party.

History

Statutory/Other Authority: ORS 197.820(4)(a) & ORS 197.820(4)(b)
Statutes/Other Implemented: ORS 197.830(9), ORS 197.830(13)(a) & ORS 197.830(15)
LUBA 2-2025, adopt filed 12/10/2025, effective 01/01/2026

Or. Admin. R. 661-010-0012 Appearance and Representation Before the Board

(1) Appearances Before the Board: An individual shall either appear on their own behalf or be represented by an attorney. A corporation or other organization shall be represented by an attorney. In no event may a party be represented by someone other than an active licensee of the Oregon State Bar. In the event someone other than an active licensee of the Oregon State Bar files a notice of intent to appeal on behalf of a corporation, other organization, or another individual, the individual filing the notice of intent to appeal will be given an opportunity to provide an amended notice of intent to appeal that conforms with this section. If an amended notice of intent to appeal is not filed within the time set by the Board, then the Board will dismiss the appeal.

(2) Notice of Representation: If a party retains or changes counsel after an appeal is filed, including a change from one attorney to another or addition of an attorney within the same law firm, then the party shall file a notice of representation in writing. The notice of representation may not be combined with another document and shall contain the name, address, electronic mail address,and telephone number of the attorney. See Exhibit 8.

(3) Representation by Co-Counsel: Where a party is represented by more than one attorney, including more than one attorney within the same law firm, the party must designate one attorney as lead counsel, who will be that party’s counsel for the purpose of receiving documents from the Board and other parties. Lead counsel is responsible for notifying co-counsel of documents and communications received from the Board and other parties.

(4) Duty To Maintain Current Contact Information: All parties to an appeal have a duty to maintain current contact information with the Board, including during the time that an appeal is pending or suspended, until the final opinion and order is issued. Unless updated contact information is provided, the Board shall rely on the contact information provided in the notice of intent to appeal, motion to intervene, or notice of representation.

(5) Notice of Withdrawal: Where an attorney withdraws from representation in an appeal, the attorney shall file a notice of withdrawal in writing. The notice of withdrawal may not be combined with another document. The notice of withdrawal shall contain the name, address, electronic mail address,and telephone number of the party and the name, address, electronic mail address,and telephone number of the new attorney, if one is being substituted. A notice of withdrawal shall be promptly filed and include any pending deadlines. See Exhibit 9.

(6) Lead Petitioner or Intervenor:

(a) A lead petitioner is responsible for notifying the other petitioners of documents and communications received from the Board and other parties, but each petitioner remains responsible for their own representation.

(b) A lead intervenor is responsible for notifying the other intervenors of documents and communications received from the Board and other parties, but each intervenor remains responsible for their own representation. A lead intervenor’s responsibilities under this subsection extend only to intervenors who joined in the lead intervenor’s motion to intervene and does not extend to intervenors who filed separate motions to intervene.

(7) Notice of Related Matters: When a party files a notice of intent to appeal, a motion to intervene, or a brief,or a local government transmits the record, if the party is aware of another appeal pending before the Board or in another forum that involves the same or a closely related land use matter, then the party shall file a notice with the Board identifying the related matter by title and case number. The notice may not be combined with another document. A party may likewise notify the Board if the party is aware of another matter pending in another forum that raises the same or a closely related legal issue. A party need not notify the Board of a related matter if another party has already done so. See Exhibit 10.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 197.820(1), ORS 197.820(4)(a) & ORS 197.820(4)(b)
Statutes/Other Implemented: ORS 197.830(9), ORS 197.830(13)(a), ORS 197.830(15) & ORS 197.835(3)
LUBA 1-2026, minor correction filed 01/16/2026, effective 01/16/2026
LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024
LUBA 3-2022, adopt filed 07/20/2022, effective 08/01/2022

Or. Admin. R. 661-010-0014 Filing and Service

(1) Filing:

(a) Filing a document with the Board is accomplished by mail or commercial delivery.

(b) Documents shall be filed with the Board by delivery to the address listed in subsection (6) of this rule and shall contain a statement certified by the person who made the filing of the date and manner of document delivery. See Exhibit 5.

(A) The date that the document is time and date stamped by the Board; or

(B) The date of filing may relate back to the date of mailing, deposit, or dispatch for delivery, if the document is:

(i) Mailed by any class of mail with the United States Postal Service and the party filing has proof from the United States Postal Service of the mailing date. Proof of the mailing date includes a postmark affixed by the United States Postal Service, or a receipt from the United States Postal Service that shows the date of deposit and includes a parcel tracking number, or a record from the United States Postal Service’s online tracking service showing the parcel tracking number and the date of deposit or dispatch for delivery; or

(ii) Deposited with or dispatched for delivery by a commercial delivery service and the party filing has proof from the commercial delivery service of the deposit or dispatch date. Proof of deposit or dispatch includes a receipt from the commercial delivery service that shows the date of deposit and includes a parcel tracking number, or a record from the commercial delivery service’s online tracking service showing the parcel tracking number and the date of deposit or dispatch for delivery.

(d) Documents may not be filed:

(A) In person;

(B) By private party hand delivery;

(D) By electronic mail; or

(E) By any other manner not specified in these rules.

(e) Documents filed with the Board may include signatures that are:

(A) An original ink signature;

(B) A facsimile signature; or

(C) An electronic signature that includes the typed name of the filer and an indication that the typed name is intended to substitute for the filer’s signature. If the filer is an attorney, the attorney’s bar number and an indication of the party whom the attorney represents must appear as part of or in addition to the signature block. Where an electronic signature is relied upon, the filing shall be accompanied by a certificate of compliance attesting to the authenticity of the signature. See Exhibit 11. If multiple parties are joining in the filing, each party must attest to compliance and the filing shall be accompanied by written confirmation of support for the filing. The “/s/” form of signature is not an electronic signature for purposes of this rule.

(2) Service:

(a) Any document filed with the Board must also be served on all parties contemporaneously. Service on two or more petitioners unrepresented by an attorney is accomplished by serving the lead petitioner designated under OAR 661-010-0015(3)(f)(A). Service on two or more intervenors unrepresented by an attorney is accomplished by serving the lead intervenor designated under OAR 661-010-0050(2).

(b) Service may be in person, by any class of mail, or by commercial delivery service. Mail service is complete on deposit in the mail. Commercial delivery service is complete on deposit with or dispatch for delivery by the commercial delivery service. Parties may stipulate to electronic service of documents.

(c) Service copies of documents shall include a certificate showing the date and manner of filing with the Board. See Exhibit 5.

(d) Documents filed with the Board shall contain either an acknowledgement of service by the person served or proof of service by a statement certified by the person who made service of the date and manner of service, and the names and addresses of the persons served. See Exhibit 6.

(3) Recycled Paper. Parties filing anything with the Board, including but not limited to notices of intent to appeal, records, motions, and briefs, are encouraged to use recycled paper if recycled paper is readily available at a reasonable price in the party’s community. Further, parties are encouraged to use paper containing the highest available content of post-consumer waste, as defined in ORS 279.545, that is recyclable in the office paper recycling program in the party’s community.

(4) Number of Copies Required: No copies of filings are required unless these rules or an order by the Board provide otherwise. See OAR 661-010-0015(1)(a).

(5) Computation of Time: Time deadlines in these rules shall be computed by excluding the first day and including the last day. If the last day is Saturday, Sunday or other state or federal legal holiday, the act must be performed on the next working day.

(6) Address and Hours of the Board: The Board’s address is 201 High Street SE, Suite 600, Salem, Oregon, 97301-3398. The telephone number is (503) 373-1265. The Board’s office operates from 8:30 a.m. to 12:00 p.m., and 1:00 p.m. to 5:00 p.m. Monday through Friday.

(7) All briefs and motions filed with the Board shall comply with the rules in OAR 661-010-0030(2) with respect to type size, spacing, paper size and printing, numbering and margins.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 197.820(4)(a) & ORS 197.820(4)(b)
Statutes/Other Implemented: ORS 197.830(9), ORS 197.830(13)(a) & ORS 197.830(15)
LUBA 2-2025, adopt filed 12/10/2025, effective 01/01/2026

Or. Admin. R. 661-010-0015 Notice of Intent to Appeal

(1) Filing of Notice:

(a) The Notice, together with one copy, and the filing fee required by section (4) of this rule, shall be filed with the Board on or before the 21st day after the date the decision sought to be reviewed becomes final or within the time provided by ORS 197.830(3)–(5). A notice of intent to appeal plan and land use regulation amendments processed pursuant to ORS 197.610 to 197.625 shall be filed with the Board on or before the 21st day after the date the decision sought to be reviewed is mailed or otherwise delivered to parties entitled to notice under ORS 197.615. A Notice filed thereafter shall not be deemed timely filed, and the appeal shall be dismissed.

(b) Filing a Notice shall be in compliance with OAR 661-010-0014(1).

(c) If a Notice is received without payment of the fee required by section (4) of this rule, the petitioner will be given an opportunity to submit the required fee. If the filing fee is not received within the time set by the Board, the Board shall dismiss the appeal.

(d) If the Board determines that a Notice identifies more than one final decision as the subject of appeal, the Board shall notify the petitioner. The Board shall dismiss the Notice if the petitioner fails to submit within the date specified by the Board either a written election to appeal only one decision, or a separate Notice and separate filing fee, as required by section (4) of this rule, for each additional decision.

(2) Service of Notice: The Notice shall be served on the governing body, the governing body’s legal counsel, and all persons identified in the Notice as required by subsection (3)(f) of this rule on or before the date the Notice is required to be filed. Service of the Notice as required by this section may be in person, by first-class or priority mail, or by commercial delivery service. However, where the local government provides only an electronic mail address for a person identified in the Notice as required by subsection (3)(f)(D), service shall be by electronic mail. Mail service is complete on deposit in the mail. Commercial delivery service is complete on deposit with or dispatch for delivery by the commercial delivery service.

(3) Contents of Notice: The Notice shall be substantially in the form set forth in Exhibit 1 and shall contain:

(a) A caption which sets forth the name(s) of the person(s) filing the Notice, identifying the person(s) as petitioner(s), and the name of the governing body, identifying the governing body as respondent;

(b) Below the caption the heading “Notice of Intent to Appeal”;

(d) The date the decision to be reviewed became final;

(e) A concise description of the decision to be reviewed, or a copy of either the notice of decision or the decision to be reviewed;

(f) The name, address, electronic mail address, and telephone number of each of the following:

(A) The Petitioner. The petitioner’s name, address, electronic mail address, and telephone number shall be included. If an attorney represents the petitioner, then the attorney’s name, addresselectronic mail address, and telephone number shall also be included. If the petitioner is represented by co-counsel, then one attorney shall be designated as lead counsel. See OAR 661-010-0012(3). If two or more petitioners join in a notice of intent to appeal andare unrepresented by an attorney, then one petitioner shall be designated as the lead petitioner, but the Notice shall include the names, addresses, electronic mail addresses, and telephone numbers of all such unrepresented petitioners. See OAR 661-010-0012(6)(a);

(B) The governing body and the governing body’s legal counsel;

(C) The applicant, if any (and if other than the petitioner). If an applicant was represented by an attorney before the governing body, then the name, address, electronic mail address, and telephone number of the applicant’s attorney shall also be included;

(D) Any other person to whom written notice of the land use decision or limited land use decision was mailed, either through the United States Postal Service, other delivery service, or by electronic mail, as shown on the governing body’s records. The telephone number may be omitted for any such person.

(g) A statement advising all persons, other than the governing body, that in order to participate in the review proceeding a person must file a motion to intervene pursuant to OAR 661-010-0050.

(h) On the last page, a signature by each petitioner, or the attorney representing that petitioner, on whose behalf the Notice is filed.

(i) Proof of service upon all persons required to be named in the Notice. See Exhibit 1.

(j) A statement certified by the person who made the filing of the date and manner of document delivery. See Exhibit 1.

(4) Filing Fee: The Notice shall be accompanied by a filing fee of $350 payable to the Land Use Board of Appeals. Payment may be submitted by check, State of Oregon purchase order or money order. If a check providing the filing fee is returned for insufficient funds and the filing fee is not paid within the time set by the Board, the Board shall dismiss the appeal. Cash shall not be accepted.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.620, ORS 197.830(1) & ORS 197.830(9)
LUBA 2-2025, amend filed 12/10/2025, effective 01/01/2026
LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 2-2022, temporary amend filed 01/26/2022, effective 02/01/2022 through 07/30/2022
LUBA 1-2021, amend filed 06/29/2021, effective 07/01/2021
LUBA 1-2016, f. 12-22-16, cert. ef. 1-1-17
LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10
LUBA 2-2009, f. 12-30-09, cert. ef. 1-1-10
LUBA 1-2009(Temp), f. & cert. ef. 8-5-09 thru 12-31-09
LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 2-1992, f. & cert. ef. 3-19-92
LUBA 1-1992, f. & cert. ef. 1-21-92
LUBA 1-1987, f. & ef. 12-30-87
LUBA 1-1983, f. & ef. 10-3-83
LUBA 2-1980, f. & ef. 4-29-80
LUBA 1-1979(Temp), f. & ef. 11-1-79

Or. Admin. R. 661-010-0021 Withdrawal of Decision for Reconsideration

(1) If a local government or state agency, pursuant to ORS 197.830(13)(b), withdraws a decision for the purposes of reconsideration, it shall file a notice of withdrawal with the Board on or before the date the record is due or, on appeal of a decision under ORS 197.610 to 197.625 or relating to the development of a residential structure, the local government shall file a notice of withdrawal prior to the filing of the respondent’s brief. A copy of the decision on reconsideration shall be filed with the Board within 90 days after the filing of the notice of withdrawal or within such other time as the Board may allow.

(2) The filing of a notice of withdrawal under section (1) of this rule shall suspend proceedings on the appeal until a decision on reconsideration is filed with the Board, or the time designated therefor expires, unless otherwise ordered by the Board. If no decision on reconsideration is filed within the time designated therefor, the Board shall issue an order restarting the appeal.

(3) A copy of the decision on reconsideration under section (1) of this rule shall be filed with the Board within 7 days after the local government or state agency issues the decision on reconsideration and copies of the decision on reconsideration shall be served on all parties. The first page of the decision on reconsideration, or an accompanying transmittal letter, shall indicate the title and case number of the pending appeal before the Board.

(4) Petitioner(s) may seek review of the decision on reconsideration as provided in section (5) of this rule. Any other person may file a notice of intent to appeal the decision on reconsideration as provided in OAR 661-010-0015. If such an appeal is filed, and a petitioner files an amended notice of intent to appeal or refiles the original notice of intent to appeal as provided in section (5) of this rule, any party may move to consolidate the appeals challenging the decision on reconsideration as provided in OAR 661-010-0055.

(5) After the filing of a decision on reconsideration:

(a) If the petitioner wishes review by the Board of the decision on reconsideration:

(A) Except as provided in paragraph (B) of this subsection, the petitioner shall file an amended notice of intent to appeal together with one copy within 21 days after the decision on reconsideration is received by the Board.

(B) In the event the local government or state agency affirms its decision or modifies its decision with only minor revisions, the petitioner may refile the original notice of intent to appeal, with the date of the decision on reconsideration indicated thereon, together with two copies within 21 days after the decision on reconsideration is received by the Board.

(b) Refiling of the original notice of intent to appeal or filing of an amended notice of intent to appeal is accomplished by mailing by any class ofmail, or depositing with or dispatching for delivery by a commercial delivery service, on or before the due date.

(c) An amended notice of intent to appeal or a refiled notice of intent to appeal under paragraphs (A) and (B) of subsection (5)(a) of this rule shall conform with the requirements of OAR 661-010-0015(3) and shall be served on the following:

(A) All parties to the appeal suspended pursuant to section (2) of this rule;

(B) The applicant, if any (and if other than the petitioner). If an applicant was represented by an attorney before the governing body, then the name, address, electronic mail address, and telephone number of the applicant’s attorney shall also be included;

(C) Any other person to whom written notice of the original or reconsidered land use decision or limited land use decision was mailed, either through the United States Postal Service, other delivery service, or by electronic mail, as shown on the governing body’s records. The telephone number may be omitted for any such person.

(d) No additional filing fee or deposit for costs (if a deposit was required to file the original notice of intent to appeal) shall be required to refile the original notice of intent to appeal or file an amended notice of intent to appeal under subsection (5)(a) of this rule.

(e) If no amended notice of intent to appeal is filed or no original notice of intent to appeal is refiled, as provided in subsection (5)(a) and (b) of this rule, the appeal will be dismissed.

(f) Parties who have already intervened in the appeal need not file new motions to intervene when an amended notice of intent to appeal is filed or the original notice of intent to appeal is refiled.

(6) The local government or state agency shall, within 21 days after service of the amended notice of intent to appeal or refiled original notice of intent to appeal under subsection (5)(a) of this rule, transmit to the Board a certified copy of the record of the proceeding under review in accordance with OAR 661-010-0025. The record submitted by the local government or state agency in an appeal of a decision on reconsideration shall include the record of the original decision and the decision on reconsideration.

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.830(13)(b)
LUBA 2-2025, amend filed 12/10/2025, effective 01/01/2026
LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024
LUBA 5-2023, amend filed 12/20/2023, effective 01/01/2024
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 2-2022, temporary amend filed 01/26/2022, effective 02/01/2022 through 07/30/2022
LUBA 1-2022, temporary amend filed 01/25/2022, effective 02/01/2022 through 07/30/2022
LUBA 1-2021, amend filed 06/29/2021, effective 07/01/2021
LUBA 1-2016, f. 12-22-16, cert. ef. 1-1-17
LUBA 3-2013, f. 12-12-13, cert. ef. 1-1-14
LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10
LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 2-1992, f. & cert. ef. 3-19-92
LUBA 1-1992, f. & cert. ef. 1-21-92

Or. Admin. R. 661-010-0025 Record

(1) Contents of Record: Unless the Board otherwise orders, or the parties otherwise agree in writing, the record shall include at least the following:

(a) The final decision including any findings of fact and conclusions of law.

(b) All written testimony and all exhibits, maps, documents or other materials specifically incorporated into the record or placed before, and not rejected by, the final decision maker, during the course of the proceedings before the final decision maker.

(c) Minutes and tape, CD, DVD or other media recordings of the meetings conducted by the final decision maker, if created by the final decision maker or incorporated into the record by the final decision maker. A verbatim transcript of media recordings shall not be required, but if a transcript has been prepared by the governing body, it shall be included.

(d) Notices of proposed action, public hearing and adoption of a final decision, if any, published, posted or mailed during the course of the land use proceeding, including affidavits of publication, posting or mailing. Such notices shall include any notices concerning amendments to acknowledged comprehensive plans or land use regulations given pursuant to ORS 197.610(1) or 197.615(1) and (2).

(2) Transmittal of Record:

(a) The governing body shall, within 21 days after service of the Notice on the governing body, transmit to the Board a certified paper copy of the record of the proceeding under review. The governing body may, however, retain any large maps, or difficult-to-duplicate documents and items until the date of oral argument. Where documents are retained until the date of oral argument, those retained documents shall be identified in the table of contents, as provided in OAR 661-010-0025(4)(B). Transmittal of the record is accomplished by mailing by any class ofmail, or depositing with or dispatching for delivery by a commercial delivery service, on or before the due date.

(b) As an alternative to transmitting a certified paper copy of the record, a local government may transmit the record to the Board in electronic format. Transmittal of an electronic copy is accomplished by mailing by any class ofmail, or depositing with or dispatching for delivery by a commercial delivery service, two complete copies of the record on optical disks or flash drive, with documents recorded in a PDF format, on or before the due date. If the record exceeds 100 pages, the electronic copy shall be searchable. A local government may transmit the record in electronic form, and also retain items until oral argument as described in OAR 661-010-0025(2)(a).

(c) If the governing body files an amended or supplemental record, then the governing body shall also file a separate document identifying the nature of the amendment or supplemental material.

(3) Service of Record:

(a) Contemporaneously with transmittal, the governing body shall serve a copy of the record in the format that it was transmitted to the Board, exclusive of large maps, and difficult-to-duplicate documents and items, on all parties to the appeal. The governing body shall also serve a copy of any media recording included in the record, or any recording from which a transcript included in the record was prepared, on all parties to the appeal.

(b) By prior agreement of the party to be served, service of the record as described in OAR 661-010-0025(3)(a) may be in a format that differs from how the record was transmitted to the Board.

(4) Specifications of Record:

(a) The record, including any supplements or amendments, shall:

(A) Be filed in a suitable folder; the cover shall bear the title of the case as it appears in the Notice or in the Board’s order consolidating multiple appeals, and the Board’s numerical designation for the case, and shall indicate the numerical designation given the land use decision or limited land use decision by the governing body; if the record consists of multiple volumes, the cover shall indicate the page numbers contained in each volume;

(B) Begin with a table of contents, listing each item contained therein, and the page of the record where the item begins. See Exhibit 2.

(i) Where an item listed in the table of contents includes attached exhibits, the exhibits shall be separately listed as an exhibit to the item. Where the exhibit is also a document that is being retained under OAR 661-010-0025(2), the exhibit shall also be listed at the end of the table of contents as provided in subsection (ii) below.

(ii) Where large maps or other difficult-to-duplicateitems or documents are retained by the governing body under section (2) of this rule, those retained items shall be separately listed at the end of the table of contents;

(D) Have pages numbered consecutively, with the page number at the bottom outside corner of each page;

(E) Be arranged in inverse chronological order, with the most recent item first. Exhibits attached to a record item shall be included according to the numerical or alphabetical order in which they are attached, not the date of the exhibits. Upon motion of the governing body, the Board may allow the record to be organized differently.

(b) Where the record includes the record of a prior appeal to this Board, the table of contents shall specify the LUBA number of the prior appeal, and indicate that the record of the prior appeal is incorporated into the record of the current appeal.

(5) If no record objection is filed and the governing body transmits an amendment to the record, the date the amendment is received by the Board shall be considered the date the record is received for the purpose of computing time limits as required by these rules.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.830(10)(a), ORS 197.830(14) & ORS 197.835
LUBA 2-2025, amend filed 12/10/2025, effective 01/01/2026
LUBA 1-2025, amend filed 01/07/2025, effective 01/15/2025
LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 2-2022, temporary amend filed 01/26/2022, effective 02/01/2022 through 07/30/2022
LUBA 1-2022, temporary amend filed 01/25/2022, effective 02/01/2022 through 07/30/2022
LUBA 1-2016, f. 12-22-16, cert. ef. 1-1-17
LUBA 3-2013, f. 12-12-13, cert. ef. 1-1-14
LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10
LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 1-1995, f. & cert. ef. 2-6-95
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 2-1992, f. & cert. ef. 3-19-92
LUBA 1-1992, f. & cert. ef. 1-21-92
LUBA 1-1987, f. & ef. 12-30-87
LUBA 1-1983, f. & ef. 10-3-83
LUBA 2-1980, f. & ef. 4-29-80
LUBA 1-1979(Temp), f. & ef. 11-1-79

Or. Admin. R. 661-010-0026 Objections to the Record

(1) Before filing an objection to the record, a party shall attempt to resolve the matter with the governing body’s legal counsel. The objecting party shall include a statement of compliance with this section at the same time the objection is filed. The Board may deny any objection to the record that does not comply with this rule.

(2) An objection to the record shall be filed with the Board within 14 days of the date the Board receives the record, which is the date stated in the body of the notice of record transmittal sent to the parties by the Board. An objection to an amended or supplemental record shall be filed within 14 days of service of the amended or supplemental record. A party may file a record objection while continuing to resolve objections with the governing body’s legal counsel. Objections may be made on the following grounds:

(a) The record does not include all materials included as part of the record during the proceedings before the final decision maker. The omitted item(s) shall be specified, as well as the basis for the claim that the item(s) are part of the record.

(b) The record contains material not included as part of the record during the proceedings before the final decision maker. The item(s) not included as part of the record during the proceedings before the final decision maker shall be specified, as well as the bases for the claim that the item(s) are not part of the record.

(d) The record does not conform to the requirements of OAR 661-010-0025(4).

(3) An objection on grounds that the minutes or transcripts are incomplete or inaccurate shall demonstrate with particularity how the minutes or transcripts are defective and shall explain with particularity why the defect is material. Upon such demonstration regarding contested minutes, the Board shall require the governing body to produce a transcript of the relevant portion of the proceeding, if an audiotape recording or other type of recording is available. Upon such demonstration regarding contested transcripts, the Board shall require the governing body to produce a more complete or amended transcript.

(4) A party may, within 14 days from the date of service of a record objection, file a response. The governing body’s legal counsel shall, within 14 days of the filing of a record objection, either file a response to the record objection or advise the Board in writing of the status of the parties’ efforts to resolve the record objection. The governing body’s response shall comply with OAR 661-010-0025(2)(c).

(5) The Board may, at its discretion, conduct a telephone conference with the parties to consider any objections to the record. A party desiring a telephone conference on an objection to the record shall include a request for a telephone conference in its objection to the record or response.

(6) If an objection to the record is filed, the time limits for all further procedures under these rules shall be suspended. When the objection is resolved, the Board shall issue an order declaring the record settled and setting forth the schedule for subsequent events. Unless otherwise provided by the Board, the date of the Board’s order shall be deemed the date of receipt of the record for purposes of computing subsequent time limits.

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.830(10)(a), ORS 197.830(14) & ORS 197.835
LUBA 2-2025, amend filed 12/10/2025, effective 01/01/2026
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 1-1987, f. & ef. 12-30-87

Or. Admin. R. 661-010-0029 Citations to Board Decisions

Citations to Board decisions shall be in the following form:

(1) For a Final Opinion and Order and Orders included in LUBA Reporter volumes 1 through 81: John Doe v. XYZ County, 5 Or LUBA 654 (1981).

(2) For an Order not included in LUBA Reporter volumes 1 through 81: John Doe v. XYZ County, LUBA No 80-123 (Feb 15, 1981) (slip order at 4).

(3) For a Final Opinion and Order issued after December 31, 2020: John Doe v. XYZ County, LUBA No 2020-987 (Jan 1, 2021) (slip op at 7).

(4) For a Published Order issued after December 31, 2020: John Doe v. XYZ County, LUBA No 2021-835 (Mar 15, 2021) (order at 2).

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.830(13)(a)
LUBA 2-2025, adopt filed 12/10/2025, effective 01/01/2026

Or. Admin. R. 661-010-0030 Petition for Review

(1) Filing and Service of Petition: Unless the Board orders otherwise pursuant to ORS 197.830(10)(a), the petition for review shall be filed with the Board within 21 days after the date the record is received or settled by the Board. See OAR 661 010-0025(2) and 661-010-0026(6). The petition shall also be served on the governing body and any party who has filed a motion to intervene. Failure to file a petition for review within the time required by this section, and any extensions of that time under OAR 661-010-0045(9) or 661-010-0067(2), shall result in dismissal of the appeal. Co-petitioners who file a single Notice of Intent to Appeal shall be limited to a single, joint petition for review. In consolidated appeals in which the petitioners are the same the petitioners shall be limited to a single petition for review. Within fourteen days after the consolidated record is received, petitioners may request permission to exceed the applicable word limit in writing and shall state the reasons why an overlength petition for review will assist the Board in resolving the appeal.

(2) Specifications of Petition: The petition for review shall:

(a) Begin with a table of contents and authorities;

(b) Not exceed 11,000 words, unless permission for a longer petition is given by the Board. Headings, footnotes, and quoted material count toward the word-count limitation. The front cover, table of contents, table of authorities, appendices, certificate of service, any other certificates, and the signature block do not count toward the word-count limitation;

(c) If a party does not have access to a word-processing system that provides a word count, a brief is acceptable if it does not exceed 38 pages;

(d) Have blue front and back covers of at least 65-pound weight paper. The front cover page shall state the full title of the proceeding, and the names, addresses, electronic mail addresses, and telephone numbers of all parties unrepresented by an attorney. If a party is represented by an attorney, the name, address, electronic mail address, and telephone number of the attorney shall be substituted for the party. If there is more than one petitioner, the cover page shall specify which petitioner(s) are filing the petition. An intervenor shall be designated as either petitioner or respondent in accordance with OAR 661-010-0050;

(e) Briefs must be legible and capable of being read without difficulty. The print must be black. Briefs must be prepared using proportionately spaced type. The style must be infont such as Times New Roman, and may not be smaller than 14-point type both for text and for footnotes;

(f) Be double spaced, except that quotations and footnotes may be single-spaced with double space above and below each paragraph of quotation;

(g) Have text printed on only one side of the page; however, text may be printed on both sides of the page if the paper is sufficiently opaque to prevent material on one side from showing through, and the petition is bound along the left-hand margin so that the pages lie flat when open;

(h) Be printed on 8-1/2 by 11-inch paper, with numbers for each line of text and page numbers on the top of each page of text;

(i) Have inside margins of 1-1/4 inches, outside margins of 1 inch, top and bottom margins of 3/4 inch; and

(j) Be signed on the last page by the author. In cases where multiple unrepresented petitioners or intervenors-petitioners file a single petition for review, the petition for review shall be signed by all petitioners or intervenors-petitioners who wish to join the petition for review.

(k) A signed certificate of compliance with the above-listed specifications for the petition for review shall be appended after the final page of the petition. See Exhibit 7. The certificate of compliance must include a statement that:

(A) The brief complies with the word-count limitation in paragraph (2)(b) of this subsection for briefs and OAR 661-010-0039 for reply briefs by indicating the number of words in the brief. The person preparing the certificate may rely on the word count of the word-processing system used to prepare the brief. If the attorney, or a self-represented party, does not have access to a word-processing system that provides a word count, the certificate must indicate that the attorney, or self-represented party does not have access to such a system and that the brief complies with paragraph (2)(c) of this subsection for briefs and OAR 661-010-0039 for reply briefs.

(B) The brief complies with the font limitation in paragraph (2)(e) of this subsection by indicating that the size is not smaller than 14 point for both the text of the brief and footnotes.

(C) The brief includes a copy of the challenged decision, including any adopted findings of fact and conclusions of law, as required by OAR 661-010-0030(4)(e).

(3) If the Board determines that the petition for review fails to conform with the requirements of section (2) of this rule, it shall notify the author, and a brief conforming with the requirements of section (2) shall be filed within three (3) days of notification by the Board. The Board may refuse to consider a brief that does not substantially conform to the requirements of this rule.

(4) Contents of Petition: The petition for review shall:

(a) State the facts that establish petitioner’s standing;

(b) Present a clear and concise statement of the case, in the following order, with separate section headings:

(A) The nature of the land use decision or limited land use decision and the relief sought by petitioner;

(B) A brief summary of the arguments appearing under the assignments of error in the body of the petition;

(C) A summary of the material facts. The summary shall be in narrative form with citations to the pages of the record where the facts alleged can be found. Where there is a map in the record that helps illustrate the material facts, the petitioner shall include a copy of that map in the summary of the material facts or attach it as an appendix to the petition.

(c) State why the challenged decision is a land use decision or a limited land use decision subject to the Board’s jurisdiction;

(d) Set forth each assignment of error under a separate heading. Each assignment of error must demonstrate that the issue raised in the assignment of error was preserved during the proceedings below. Where an assignment raises an issue that is not identified as preserved during the proceedings below, the petition shall state why preservation is not required. Each assignment of error must state the applicable standard of review. Where several assignments of error present essentially the same legal questions, the argument in support of those assignments of error shall be combined;

(e) Contain a copy of the challenged decision, including any adopted findings of fact and conclusions of law; and

(f) Contain a copy of any comprehensive plan provision, ordinance or other provision of local law cited in the petition, unless the provision is quoted verbatim in the petition.

(5) The petition for review may include appendices containing verbatim transcripts of relevant portions of media recordings that are part of the record.

(6) Amended Petition: A petition for review which fails to comply with section (4) of this rule may, with permission of the Board, be amended. The Board shall determine whether to allow an amended petition for review to be filed in accordance with OAR 661-010-0005. An amended petition shall be titled as amended and shall be accompanied by a motion, filed as a separate document, explaining what is proposed to be amended within the petition.

(7) Cross Petition: Any respondent or intervenor-respondent who seeks reversal or remand of an aspect of the decision on appeal regardless of the outcome under the petition for review may file a cross petition for review that includes one or more assignments of error. A respondent or intervenor-respondent who seeks reversal or remand of an aspect of the decision on appeal only if the decision on appeal is reversed or remanded under the petition for review may file a cross petition for review that includes contingent cross-assignments of error, clearly labeled as such. The cover page shall identify the petition as a cross petition and the party filing the cross petition. The cross petition shall be filed within the time required for filing the petition for review and must comply in all respects with the requirements of this rule governing the petition for review, except that a notice of intent to appeal need not have been filed by such party.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.830(11), ORS 197.830(12) & ORS 197.830(13)(a)
LUBA 2-2025, amend filed 12/10/2025, effective 01/01/2026
LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 2-2022, temporary amend filed 01/26/2022, effective 02/01/2022 through 07/30/2022
LUBA 1-2022, temporary amend filed 01/25/2022, effective 02/01/2022 through 07/30/2022
LUBA 1-2021, amend filed 06/29/2021, effective 07/01/2021
LUBA 1-2019, amend filed 12/24/2019, effective 01/01/2020
LUBA 1-2018, amend filed 12/28/2018, effective 01/01/2019
LUBA 1-2016, f. 12-22-16, cert. ef. 1-1-17
LUBA 3-2013,f. 12-12-13, cert. ef. 1-1-14
LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10
LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 2-1992, f. & cert. ef. 3-19-92
LUBA 1-1992, f. & cert. ef. 1-21-92
LUBA 1-1987, f. & ef. 12-30-87
LUBA 1-1983, f. & ef. 10-3-83
LUBA 2-1980, f. & ef. 4-29-80
LUBA 1-1979(Temp), f. & ef. 11-1-79

Or. Admin. R. 661-010-0035 Respondent’s Brief

(1) Filing and Service of Brief: Unless otherwise provided by the Board, respondent’s brief shall be filed within 42 days after the date the record is received or settled by the Board. See OAR 661-010-0025(2) and 661-010-0026(6). A copy of the respondent’s brief shall be served on the petitioner or the lead petitioner, if one is designated, and all intervenors or the lead intervenor, if one is designated.

(2) Specifications of Brief: Respondent’s brief shall conform to the specifications of the petition for review at OAR 661-010-0030(2), except that the brief shall have red front and back covers. If there is more than one respondent, the front cover page shall specify which respondent is filing the brief. Respondent’s brief shall be subject to OAR 661-010-0030(3). If multiple petitions for review or intervenor-petitioner’s briefs are filed, then the respondent and any intervenors-respondents may each file a consolidated brief in response, which shall be limited to 15,000 words, or 52 pages, unless permission for a longer brief is given by the Board. Respondent and intervenors-respondents are encouraged to coordinate their briefing to avoid repetitive and overlapping arguments.

(3) Contents of Brief:

(a) The respondent’s brief shall follow the form prescribed for the petition for review, but need not contain the final decision. The respondent shall specifically accept the petitioner’s statement of the case or shall cite any alleged omissions or inaccuracies therein, and may state additional relevant facts or other matters. The statement shall be in narrative form with citations to the pages of the record where the facts alleged can be found.

(b) Respondent shall accept or challenge petitioner’s statement of the Board’s jurisdiction and petitioner’s statement of standing. The basis for any challenge shall be stated. If respondent contends that the facts alleged by petitioner in support of standing are not true, respondent shall specify which allegations are contested.

(4) The respondent’s brief may include appendices containing verbatim transcripts of media recordings that are part of the record.

(5) Amended Brief: The Board may allow the filing of an amended brief in accordance with OAR 66l-010-0005. An amended brief shall be titled as amended and shall be accompanied by a motion, filed as a separate document, explaining what is proposed to be amended within the brief.

(6) Respondent’s briefs that respond to a cross petition for review shall be filed within the time limit required for filing the respondent’s brief under subsection (1) of this rule and must comply in all respects with the requirements governing respondent’s briefs.

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.830(13)(a)
LUBA 2-2025, amend filed 12/10/2025, effective 01/01/2026
LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 2-2022, temporary amend filed 01/26/2022, effective 02/01/2022 through 07/30/2022
LUBA 1-2022, temporary amend filed 01/25/2022, effective 02/01/2022 through 07/30/2022
LUBA 1-2016, f. 12-22-16, cert. ef. 1-1-17
LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10
LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 1-1987, f. & ef. 12-30-87
LUBA 1-1983, f. & ef. 10-3-83
LUBA 2-1980, f. & ef. 4-29-80
LUBA 1-1979(Temp), f. & ef. 11-1-79

Or. Admin. R. 661-010-0038 State Agency Briefs

A state agency that wishes to file a brief under ORS 197.830(8) shall file the brief within the time required for respondent’s brief. A state agency brief shall have yellow front and back covers. A state agency brief shall follow the form prescribed for the petition for review, but need not contain the final decision and may, if the state agency is arguing in favor of the respondent’s position, follow the form prescribed for the respondent’s brief.A state agency brief shall be accompanied by a filing fee of $100.

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.830(8)
LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 2-2022, temporary amend filed 01/26/2022, effective 02/01/2022 through 07/30/2022
LUBA 1-2022, temporary amend filed 01/25/2022, effective 02/01/2022 through 07/30/2022
LUBA 2-2009, f. 12-30-09, cert. ef. 1-1-10
LUBA 1-2009(Temp), f. & cert. ef. 8-5-09 thru 12-31-09
LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 1-1987, f. & ef. 12-30-87
LUBA 1-1983, f. & ef. 10-3-83

Or. Admin. R. 661-010-0039 Reply Brief

A reply brief shall be permitted. A reply brief shall be filed within seven days of the date the respondent's brief is filed. A reply brief shall be confined to responses to arguments in the respondent's brief, state agency brief, or amicus brief, but shall not include new assignments of error or advance new bases for reversal or remand. A reply brief shall not exceed 1,000 words, exclusive of appendices, unless permission for a longer reply brief is given by the Board. If a party does not have access to a word-processing system that provides a word count, a reply brief is acceptable if it does not exceed four pages. A reply brief must include the certificate of compliance required by OAR 661-010-0030(2)(k). A reply brief shall have gray front and back covers.

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.830(13)(a)
LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 2-2022, temporary amend filed 01/26/2022, effective 02/01/2022 through 07/30/2022
LUBA 1-2022, temporary amend filed 01/25/2022, effective 02/01/2022 through 07/30/2022
LUBA 1-2018, amend filed 12/28/2018, effective 01/01/2019
LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10
LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 1-1987, f. & ef. 12-30-87

Or. Admin. R. 661-010-0040 Oral Argument

(1) Only parties who have submitted briefs shall be allowed to present oral argument to the Board. The Board shall not consider issues raised for the first time at oral argument.

(2) If a party waives the right to present oral argument, the Board shall consider the case based on that party’s brief and the briefs and oral arguments presented by other parties. The parties may, with consent of the Board, stipulate to submit a case to the Board on briefs without oral argument. If a party fails to appear at the time set for oral argument, the Board may deem the cause submitted without oral argument as to that party. A party’s failure to so appear shall not preclude oral argument by other parties.

(3) The Board shall inform the parties of the time and place of oral argument. A party shall seek the consent of other parties before requesting a change in the scheduled time or date for oral argument.

(4) Requests for an overlength oral argument shall be submitted to the Board in writing at any time after the record is received, but in no event later than seven days after the petition for review is filed, shall state whether all parties join in the request, and shall state the reasons why an overlength oral argument will assist the Board in resolving the appeal.

(5)(a) Unless the Board otherwise orders, petitioner(s) shall be allowed 15 minutes for oral argument. Petitioner(s) may reserve up to 5 minutes for rebuttal following respondents’ oral argument, to respond to arguments made during respondents’ oral argument. Multiple petitioners and intervenor-petitioners shall share the same15 minutes.

(b) The respondent(s) shall be allowed 15 minutes to respond. Multiple respondents shall share the same15 minutes. For the purposes of this rule, an intervenor-respondent who files a cross petition for review shall be considered a respondent and shall share in the same 15 minutes allowed for respondent(s).

(c) The Board shall record all arguments, but any party may also arrange at its own expense to record the argument in some other manner.

(d) For purposes of this rule, “in-person oral argument” means all parties and participating board members physically appear in a hearing room and “remote oral argument” means all parties and participating board members appear by video conference call. Except as otherwise provided below, the case will be set for remote oral argument.

(A) The Board may determine that the needs of the Board will be best served by in-person oral argument and may direct the parties to appear for in-person oral argument.

(B) A party may move in writing for in-person oral argument at any time after the record is received but in no event later than seven days after the petition for review is filed. A motion for in-person argument must explain the circumstances that support the request and demonstrate good cause for arguing in-person. Good cause does not include a mere preference for in-person oral argument. The moving party must confer with all other parties and shall include a statement of compliance with this section at the time of filing their motion that states that no party objects, or that states that a party objects to in-person oral argument and, if the other parties’ reasons for objecting are known, the motion shall set out those reasons. Any party may file a response to a motion for in-person oral argument within seven days after the filing of the motion for in-person oral argument.

(6) A state agency which has filed a brief pursuant to ORS 197.830(8) may move to argue orally before the Board. The motion shall be filed with the briefas a separate document.

(7) Demonstrative exhibits presented at oral argument shall be limited to copies of materials already in the record, including reductions or enlargements, or materials created during the party’s presentation at oral argument.

(8) The Board may conduct oral argument in-person in accordance with (5)(d) of this rule, orby telephone or video conference call.

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.830(13)(a)
LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024
LUBA 1-2024, amend filed 03/20/2024, effective 04/01/2024
LUBA 4-2023, temporary amend filed 10/11/2023, effective 10/11/2023 through 03/31/2024
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 1-2018, amend filed 12/28/2018, effective 01/01/2019
LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10
LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 1-1987, f. & ef. 12-30-87
LUBA 1-1983, f. & ef. 10-3-83
LUBA 2-1980, f. & ef. 4-29-80
LUBA 1-1979(Temp), f. & ef. 11-1-79

Or. Admin. R. 661-010-0043 Conferences

On its own motion or at the request of any party, the Board may conduct one or more conferences. Conferences may be by video conference call. The Board shall provide reasonable notice advising all parties of the time, place and purpose of any conference.

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.830(13)(a)
LUBA 2-2025, adopt filed 12/10/2025, effective 01/01/2026

Or. Admin. R. 661-010-0045 Taking Evidence Not in the Record

(1) Grounds for Motion to Take Evidence Not in the Record: The Board may, upon written motion, take evidence not in the record in the case of disputed factual allegations in the parties’ briefs concerning unconstitutionality of the decision, standing, ex parte contacts, actions for the purpose of avoiding the requirements of ORS 215.427 or 227.178, or other procedural irregularities not shown in the record and which, if proved, would warrant reversal or remand of the decision. The Board may also upon motion or at its discretion take evidence to resolve disputes regarding the content of the record, requests for stays, attorney fees, or actual damages under ORS 197.845.

(2) Motions to Take Evidence:

(a) A motion to take evidence shall contain a statement explaining with particularity what facts the moving party seeks to establish, how those facts pertain to the grounds to take evidence specified in section (1) of this rule, and how those facts will affect the outcome of the review proceeding. The motion to take evidence shall be filed as a separate document and shall not be contained within a brief or other filing.

(b) A motion to take evidence shall be accompanied by:

(A) An affidavit or documentation that sets forth the facts the moving party seeks to establish; or

(B) An affidavit establishing the need to take evidence not available to the moving party, in the form of depositions or documents as provided in subsection (2)(c) or (d) of this rule.

(c) Depositions: the Board may order the testimony of any witness to be taken by deposition where a party establishes the relevancy and materiality of the anticipated testimony to the grounds for the motion, and the necessity of a deposition to obtain the testimony. Depositions under this rule shall be conducted in the same manner prescribed by law for depositions in civil actions (ORCP 38-40).

(d) Subpoenas: the Board shall issue subpoenas to any party upon a showing that the witness or documents to be subpoenaed will provide evidence relevant and material to the grounds for the motion. Subpoenas may also be issued under the signature of the attorney of record of a party. Witnesses appearing pursuant to subpoena, other than parties or employees of the Board, shall be tendered fees and mileage as prescribed by ORS 44.415(2) for witnesses in civil actions. The party requesting the subpoena shall be responsible for service of the subpoena and tendering the witness and mileage fees to the witness.

(3) Any party may file a response within 14 days of the date of service of the motion to take evidence. The response shall specifically state what facts alleged in the motion are contested, with references to where contrary facts are found in the record or in affidavits or documents appended to the response.

(4) If the Board grants the motion to take evidence, the Board shall so notify the parties, and indicate whether it will decide the motion on the submitted materials, whether it will allow depositions or discovery of evidence under section (2), or whether it will schedule an evidentiary hearing on the motion.

(5) Conduct of Hearing:

(a) Where the Board schedules an evidentiary hearing, the hearing shall be conducted in the following order, insofar as the Board finds it practical:

(A) The moving party shall present its evidence including that of any witnesses;

(B) The other party(ies) shall have the opportunity to present evidence rebutting that of the moving party;

(b) Any witness is subject to cross examination by opposing parties.

(d) The burden of presenting evidence in support of a fact or proposition rests on the proponent of the fact or proposition;

(e) The Board may continue a hearing, and may set time limits for any hearing;

(f) Exhibits shall be marked to identify the party offering the exhibits. The exhibits shall be preserved by the Board as part of the record.

(6) Evidentiary Rules:

(a) Evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs shall be admissible.

(b) Irrelevant, immaterial or unduly repetitious evidence shall be excluded.

(c) All evidence not objected to shall be received by the Board, subject to the Board’s power to exclude irrelevant, immaterial or unduly repetitious matter.

(d) Evidence objected to may be received by the Board. Rulings on the admissibility of such evidence, if not made at the hearing, shall be made at or before the time a final order is issued.

(e) Any time 14 days or more before a hearing, any party may serve on every other party an affidavit, certificate or other document the party proposes to introduce in evidence. Unless cross-examination of the affiant, certificate preparer or other document preparer or custodian is requested within seven days prior to hearing, the affidavit or certificate may be offered subject to the same standards and received with the same effect as oral testimony. If cross-examination is requested, and the requestor is informed within seven days prior to the hearing that the requested witness will not appear for cross-examination, the affidavit, certificate or other document may be received in evidence if the Board determines that the party requesting cross-examination would not be unduly prejudiced or injured by lack of cross-examination.

(7) Prehearing Conference: The Board, on its own motion or at the request of any party, may call a prehearing conference to consider:

(a) Simplification of the issues;

(b) The possibility of obtaining admissions of fact and documents which will avoid unnecessary proof;

(d) The form and substance of any prehearing order;

(e) Such other matters as may aid in the disposition of the appeal.

(8) Proposed Prehearing Order: The Board, with or without a prehearing conference, may require that the parties prepare and sign a proposed prehearing order to be filed with the Board on or before a date specified by the Board. The order shall contain:

(a) A statement of contentions of law of each party;

(b) A concise statement of all contentions of fact to be proved by each party;

(d) A list of witnesses and a summary of their testimony;

(e) A list of exhibits and a statement of the contents of each;

(f) Such other matters as the Board may require in order to expedite the hearing and appeal.

(9) Effect on Time Limits: Unless the Board orders otherwise, the filing of a motion to take evidence shall not suspend the time limits for all other events in the review proceeding, including the issuance of the Board’s final order. Unless the parties agree otherwise, the Board shall schedule any evidentiary hearing not less than ten days after the order granting the motion to take evidence is issued.

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.835(2)(b)
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 1-2019, amend filed 12/24/2019, effective 01/01/2020
LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10
LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 1-1987, f. & ef. 12-30-87
LUBA 1-1983, f. & ef. 10-3-83
LUBA 2-1980, f. & ef. 4-29-80
LUBA 1-1979(Temp), f. & ef. 11-1-79

Or. Admin. R. 661-010-0046 Taking Official Notice

(1) Grounds for Taking Official Notice: The Board may take official notice of relevant law as defined in ORS 40.090.

(2) Motions to Take Official Notice:

(a) A motion to take official notice shall contain a statement explaining with particularity what the material sought to be noticed is intended to establish, how it is relevant to an issue on appeal, and the authority for notice under ORS 40.090. The motion to take official notice evidence shall be filed in writing and as a separate document and shall not be contained within a brief or other filing.

(b) A motion to take official notice is unnecessary where the items in ORS 40.090(7) are relied upon in the decision, are within or cited to in the record, or are included with a petition for review according to OAR 661-010-0030(4)(f).

(3) Any party may file a response within 14 days of the date of service of the motion to take official notice.

History

Statutory/Other Authority: ORS 197. 820(4)
Statutes/Other Implemented: ORS 40.090
LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024
LUBA 1-2023, minor correction filed 03/27/2023, effective 03/27/2023
LUBA 3-2022, adopt filed 07/20/2022, effective 08/01/2022

Or. Admin. R. 661-010-0050 Intervention

(1) Standing to Intervene: The applicant and any person who appeared before the local government, special district or state agency may intervene in a review proceeding before the Board. Status as an intervenor is recognized when a motion to intervene is filed, but the Board may deny that status at any time.

(2) Motion to Intervene: A motion to intervene shall be filed within 21 days of the date the notice of intent to appeal is filed pursuant to OAR 661-010-0015, or the amended notice of intent to appeal is filed or original notice of intent to appeal is refiled pursuant to OAR 661-010-0021. The motion to intervene (see Exhibit 3) shall:

(a) List the names, addresses, electronic mail addresses,and telephone numbers of all persons moving to intervene. In addition, if an attorney represents the intervenor(s), the attorney’s name, address, electronic mail addresses, and telephone number shall also be included. If an intervenor is represented by co-counsel, then one attorney shall be designated as lead counsel. See OAR 661-010-0012(3). If two or more intervenors join in a motion to intervene and are unrepresented by an attorney, then one intervenor shall be designated as the lead intervenor, but the motion to intervene shall include the names, addresses, electronic mail addresses,and telephone numbers of all such unrepresented intervenors. See OAR 661-010-0012(6)(b);

(b) Identify the decision that is being challenged in the appeal for which intervention is sought by including the following:

(A) The full title of the decision that is being challenged in the appeal, as it appears on the final decision;

(B) The date the decision that is being challenged in the appeal became final;

(C) A concise description of the decision that is being challenged in the appeal, or a copy of either the notice of decision or the decision being challenged; and

(D) The appeal number assigned to the appeal by the Board, if one has been assigned as of the date of the filing of the motion to intervene.

(d) State the facts which show the party is entitled to intervene, supporting the statement with affidavits or other proof;

(e) On the last page, be signed by each intervenor, or the attorney representing that intervenor, on whose behalf the motion to intervene is filed; and

(f) Be served upon the Board and all parties.

(3) Filing Fee: A motion to intervene shall be accompanied by a filing fee of $200 for each appeal in which intervention is sought, payable to the Land Use Board of Appeals. Where multiple parties file a single joint motion to intervene, only one fee per appeal is required. If a motion to intervene is received without payment of the filing fee or a check providing the filing fee is returned for insufficient funds, the intervenor will be given an opportunity to submit the required fee. If the filing fee is not paid within the time set by the Board, the Board shall deny the motion to intervene. Cash shall not be accepted.

(4) Intervention in an appeal that is consolidated with other appeals does not allow the intervenor to appear as a party with respect to those appeals in which the intervenor has not filed a timely motion to intervene.

(5) Parties who have already intervened in an appeal need not file new motions to intervene when an amended notice of intent to appeal is filed or the original notice of intent to appeal is refiled pursuant to OAR 661-010-0021.

(6) Intervenor’s Brief:

(a) An intervenor-petitioner’sbrief shall be filed within the time limit for filing the petition for review, and shall satisfy the requirements for a petition for review in OAR 661-010-0030.

(b) An intervenor-respondent’sbrief shall be filed within the time for filing a respondent’s brief and shall satisfy the requirements for a respondent’s brief in OAR 661-010-0035.

(c) Co-intervenors who file a single motion to intervene shall be limited to a single joint intervenor-petitioner’s or intervenor-respondent’s brief, as appropriate, and a single joint cross-petition for review or response to a cross-petition for review, as appropriate.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.830(2) & ORS 197.830(7)
LUBA 2-2025, amend filed 12/10/2025, effective 01/01/2026
LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 1-2016, f. 12-22-16, cert. ef. 1-1-17
LUBA 3-2013, f. 12-12-13, cert. ef. 1-1-14
LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10
LUBA 2-2009, f. 12-30-09, cert. ef. 1-1-10
LUBA 1-2009(Temp), f. & cert. ef. 8-5-09 thru 12-31-09
LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 2-1992, f. & cert. ef. 3-19-92
LUBA 1-1992, f. & cert. ef. 1-21-92
LUBA 1-1987, f. & ef. 12-30-87
LUBA 1-1983, f. & ef. 10-3-83
LUBA 4-1980, f. & ef. 9-8-80
LUBA 2-1980, f. & ef. 4-29-80
LUBA 1-1979(Temp), f. & ef. 11-1-79

Or. Admin. R. 661-010-0052 Amicus Participation

(1) A person or organization may appear as amicus only by permission of the Board on written motion. The motion shall set forth the interest of the movant and state reasons why a review of relevant issues would be significantly aided by participation of the amicus. A copy of the motion shall be served on all parties to the proceeding.

(2) Appearance as amicus shall be by brief only, unless the Board specifically authorizes or requests oral argument. An amicus brief shall be subject to the same rules as those governing briefs of parties to the appeal. Where amicus is aligned with the interests of the petitioner(s), the amicus brief is due seven days after the date the petition for review is due. In all other circumstances, the amicus brief is due within the time required for filing respondent's brief. No filing fee is required. An amicus brief shall have green front and back covers.

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.805 & ORS 197.830(13)(a)
LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 2-2022, temporary amend filed 01/26/2022, effective 02/01/2022 through 07/30/2022
LUBA 1-2022, temporary amend filed 01/25/2022, effective 02/01/2022 through 07/30/2022
LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 1-1987, f. & ef. 12-30-87

Or. Admin. R. 661-010-0055 Consolidation

The Board, at the request of any party or on its own motion, may consolidate two or more proceedings, provided the proceedings seek review of the same or closely related land use decision(s) or limited land use decision(s). A request for consolidation may be accompanied by written consent by all parties. A request that is not accompanied by written consent by all parties to the requested consolidation shall state whether all parties to the appeal have agreed to the motion for consolidation, orally or otherwise. Consolidation of appeals does not affect the status of the parties to each appeal. See OAR 661-010-0050(4).

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.805
LUBA 2-2025, amend filed 12/10/2025, effective 01/01/2026
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10
LUBA 2-1992, f. & cert. ef. 3-19-92
LUBA 1-1992, f. & cert. ef. 1-21-92
LUBA 1-1987, f. & ef. 12-30-87
LUBA 1-1983, f. & ef. 10-3-83
LUBA 2-1980, f. & ef. 4-29-80
LUBA 1-1979(Temp), f. & ef. 11-1-79

Or. Admin. R. 661-010-0065 Motions

(1) When Motion is Appropriate: Unless these rules or applicable statutes provide another form of application, a request for an order or relief shall be made by filing a motion in writing for such order or relief. A motion shall show proof of service on all parties.

(2) Time of Filing: A party seeking to challenge the failure of an opposing party to comply with any of the requirements of statutes or Board rules shall make the challenge by motion filed with the Board and served on all parties within 14 days after the moving party obtains knowledge of such alleged failure. However, motions to dismiss for lack of jurisdiction may be filed at any time. An opposing party may, within 14 days from the date of service of a motion, file a response , except as allowed by OAR 661-010-0040(5)(d)(B) for responses to motions for in-person oral argument.

(3) How Submitted: Parties shall submit all motions without oral argument unless otherwise directed by the Board.All motions must be filed as a separate document and shall not be included with any other filing.A party that desires a telephone conference on a motion shall include a request for a telephone conference in its motion or response. The Board may, at its discretion, conduct a telephone conference with the parties to consider any motion.

(4) An amended motion shall be titled as amended and shall explain what is amended within the motion.

(5)Effect of Filing Motion: Except as provided in OAR 661-010-0026(6) with regard to objections to the record, or as may otherwise be ordered by the Board on its own motion, the filing of a motion shall not suspend the time limits for other events in the review proceeding.

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.805
LUBA 2-2025, amend filed 12/10/2025, effective 01/01/2026
LUBA 3-2024, minor correction filed 11/01/2024, effective 11/01/2024
LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 1-2019, amend filed 12/24/2019, effective 01/01/2020
LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 1-1987, f. & ef. 12-30-87
LUBA 1-1983, f. & ef. 10-3-83
LUBA 2-1980, f. & ef. 4-29-80
LUBA 1-1979(Temp), f. & ef. 11-1-79

Or. Admin. R. 661-010-0067 Extensions of Time

(1) In no event shall the time limit for the filing of the notice of intent to appeal be extended.

(2) Except as provided in this section, in no event shall the time limit for the filing of the petition for review be extended without the written consent of all parties. Written consent may include facsimile signatures. The Board may, on a motion of a party or its own motion, extend the deadline for filing the petition for review to allow time to rule on a motion to dismiss or a motion to take evidence. Written consent to extend the deadline for filing record objections shall automatically extend the deadline for filing the petition for review for the same number of days granted to extend the deadline for filing record objections, unless the consenting parties expressly provide otherwise.

(3) All other time limits may be extended upon oral or written consent of all parties, the Board’s motion or motion of a party. Written consent may include facsimile signatures.

(4) A motion for extension of time shall state the reasons for granting the extension and must be filed with the Board within the time required for performance of the act for which an extension of time is requested. A motion for extension of time that is not accompanied by a written consent by all parties to the requested extension shall state whether all parties to the appeal have agreed to the motion for extension of time, orally or otherwise.

(5) Any agreement by the parties allowing an extension of time shall automatically extend the time for subsequent filings, as well as the issuance of the Board’s final order by an amount of time equal to the extension agreed to by the parties.

(6) In the event the Board extends the deadline for issuance of its final order without consent of the parties, it shall enter the findings required by ORS 197.840.

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.830(13)(a)
LUBA 1-2019, amend filed 12/24/2019, effective 01/01/2020
LUBA 3-2013, f. 12-12-13, cert. ef. 1-1-14
LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10
LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 1-1987, f. & ef. 12-30-87

Or. Admin. R. 661-010-0068 Stays

(1) A motion for a stay of a land use decision or limited land use decision shall include:

(a) A statement setting forth movant’s right to standing to appeal the decision;

(b) A statement explaining why the challenged decision is subject to the Board’s jurisdiction;

(c) A statement of facts and reasons for issuing a stay, demonstrating a colorable claim of error in the decision and specifying how the movant will suffer irreparable injury if a stay is not granted;

(d) A suggested expedited briefing schedule;

(e) A copy of the decision under review and copies of all ordinances, resolutions, plans or other documents necessary to show the standards applicable to the decision under review.

(2) A copy of a motion for stay shall be served on the governing body and the applicant for the land use decision or limited land use decision, if any, on the same day the motion is filed with the Board.

(3) Unless otherwise ordered by the Board, a response to a motion for a stay of a land use decision or limited land use decision shall be filed within 14 days after the date of service of the motion and shall set forth all matters in opposition to the motion and any facts showing any adverse effect, including an estimate of any monetary damages that will accrue if a stay is granted.

(4) An order granting a stay of a quasi-judicial land use decision or limited land use decision involving a specific development of land shall be conditional upon filing an undertaking or a cashier’s check or bank-certified check in the principal amount of $5,000. In all other cases an undertaking, if ordered by the Board, shall be in the amount set forth in the order granting the stay. All undertakings shall be substantially in the form as set forth in Exhibit 4, and shall be accompanied by proof that the surety is qualified by law to issue surety insurance as defined in ORS 731.186. Any objections to the form of undertaking or the surety shall be filed within 14 days after the date of service of a copy of the undertaking on the objecting party.

(5) The Board shall base its decision on the stay, including the right to a stay, amount of undertaking, or conditions of any stay order, upon evidence presented. Evidence may be attached to the motion in the form of affidavits, documents or other materials, or presented by means of a motion to take evidence outside the record. See OAR 661-010-0045.

[ED. NOTE: Exhibits referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.845
LUBA 1-2016, f. 12-22-16, cert. ef. 1-1-17
LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 2-1992, f. & cert. ef. 3-19-92
LUBA 1-1992, f. & cert. ef. 1-21-92
LUBA 1-1987, f. & ef. 12-30-87

Or. Admin. R. 661-010-0069 Transfers

(1) Motion to Transfer to Circuit Court:

(a) Any party may request, pursuant to ORS 34.102, that an appeal be transferred to the circuit court of the county in which the appealed decision was made, in the event the Board determines the appealed decision is not reviewable as a land use decision or limited land use decision as defined in 197.015(10) or (12).

(b) A request for a transfer pursuant to ORS 34.102 shall be initiated by filing a motion to transfer to circuit court not later than 14 days after the date a respondent’s brief or motion that challenges the Board’s jurisdiction is filed. If the Board raises a jurisdictional issue on its own motion, a motion to transfer to circuit court shall be filed not later than 14 days after the date the moving party learns the Board has raised a jurisdictional issue.

(c) If the Board determines the appealed decision is not reviewable as a land use decision or limited land use decision as defined in ORS 197.015(10) or (12), the Board shall dismiss the appeal unless a motion to transfer to circuit court is filed as provided in subsection (1)(b) of this rule, in which case the Board shall transfer the appeal to the circuit court of the county in which the appealed decision was made.

(2) Transfer from Circuit Court: When any appeal of a land use or limited land use decision is transferred to LUBA from circuit court, the petition for writ of review filed in the circuit court shall be treated as the notice of intent to appeal, and the case shall proceed as provided in LUBA’s rules, subject to the following:

(a) No additional filing fee shall be required;

(b) The petitioner(s) in the transferred circuit court proceeding shall file with the Board a Notice of Transfer that contains the information required by OAR 661-010-0015(3), and shall serve the Notice of Transfer upon all persons required to be named in the Notice of Intent to Appeal pursuant to OAR 661-010-0015(2) and (3). The Notice of Transfer shall be filed within the time set by the Board. The date of the Notice of Transfer is served shall begin the running of the 21-day period within which a motion to intervene in the appeal may be filed.

(c) After an appeal is transferred to LUBA and the Notice of Transfer is received by the Board, the Board, by letter, will establish a deadline for the respondent to transmit the record.

(3) Transfer from the Oregon Department of Land Conservation and Development: Where the Director of the Oregon Department of Land Conservation and Development transfers a matter to LUBA pursuant to ORS 197.825(2)(c)(A), the case shall proceed as provided in LUBA’s rules, subject to the following:

(a) The date of the notice from the Director making the transfer shall begin the running of a 21-day period within which one or more parties in the proceedings before the department may file a notice of intent to appeal with LUBA. A notice filed thereafter shall not be deemed timely filed, and the appeal shall be dismissed.

(b) Except as provided in this section, the notice of intent to appeal shall conform to the requirements of OAR 661-010-0015, including payment of the filing fee. The notice of intent to appeal shall identify the local government as the respondent, rather than the Oregon Department of Land Conservation and Development or the Land Conservation and Development Commission.

(c) On receipt of a notice of intent to appeal, the Board shall, by letter, establish a deadline for the respondent to file the portion of the local record necessary to review the transferred matter. In all other respects, an appeal of a transferred matter shall proceed according to LUBA’s rules.

History

Statutory/Other Authority: ORS 197.820(4)(a) & ORS 197.820(4)(b)
Statutes/Other Implemented: ORS 34.102, ORS 197.820(4)(b), ORS 197.830(9), ORS 197.830(13)(a) & ORS 197.835(10)
LUBA 2-2025, adopt filed 12/10/2025, effective 01/01/2026

Or. Admin. R. 661-010-0070 Final Order of Board

(1) An Order of the Board is final when the cover page of the order containing the caption of the appeal:

(a) States “Final Opinion and Order”;

(b) Indicates whether the decision being reviewed is affirmed, reversed, remanded, transferred, invalidated, or whether the appeal is dismissed;

(d) Is time and date stamped by the Board.

(2) When an order of the Board becomes final it shall be made available to interested members of the public. The Board may charge a reasonable fee for copies of its final orders or other orders furnished to members of the public.

History

Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.805
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 1-1987, f. & ef. 12-30-87
LUBA 1-1983, f. & ef. 10-3-83
LUBA 2-1980, f. & ef. 4-29-80

Or. Admin. R. 661-010-0071 Reversal or Remand of Land Use Decisions

(1) The Board shall reverse a land use decision when:

(a) The governing body exceeded its jurisdiction;

(b) The decision is unconstitutional; or

(2) The Board shall remand a land use decision for further proceedings when:

(a) The findings are insufficient to support the decision, except as provided in ORS 197.835(11)(b);

(b) The decision is not supported by substantial evidence in the whole record;

(d) The decision improperly construes the applicable law, but is not prohibited as a matter of law; or

(e) All parties stipulate in writing to remand.

(3) The Board may reverse or remand a land use decision in part when:

(a) The decision adopts a change to an acknowledged comprehensive plan or land use regulation;

(b) The decision contains a severability clause; and

(c) The affirmed parts, standing alone, are complete and capable of being executed consistent with the local government’s legislative intent.

History

Statutory/Other Authority: ORS 197.820(4) & 197.835(1)
Statutes/Other Implemented: ORS 197.835
LUBA 5-2023, amend filed 12/20/2023, effective 01/01/2024
LUBA 2-2023, temporary amend filed 09/21/2023, effective 09/25/2023 through 12/31/2023
LUBA 3-2013, f. 12-12-13, cert. ef. 1-1-14
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 1-1987, f. & ef. 12-30-87

Or. Admin. R. 661-010-0073 Reversal or Remand of Limited Land Use Decisions

(1) The Board shall reverse a limited land use decision when:

(a) The governing body exceeded its jurisdiction;

(b) The decision is unconstitutional; or

(2) The Board shall remand a limited land use decision for further proceedings when:

(a) The findings are insufficient to support the decision, except as provided in ORS 197.835(11)(b);

(b) The decision is not supported by substantial evidence in the record. The existence of evidence in the record supporting a different decision shall not be grounds for reversal or remand if there is evidence in the record to support the final decision;

(d) The decision improperly construes the applicable law, but is not prohibited as a matter of law; or

(e) All parties stipulate in writing to remand.

History

Statutory/Other Authority: ORS 197.820(4) & 197.835(1)
Statutes/Other Implemented: ORS 197.828 & 197.835
LUBA 3-2013, f. 12-12-13, cert. ef. 1-1-14
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 2-1992, f. & cert. ef. 3-19-92
LUBA 1-1992, f. & cert. ef. 1-21-92

Or. Admin. R. 661-010-0075 Attorney Fees

(1) Attorney Fees:

(a) Time for Filing: The prevailing party may file a motion for attorney fees no later than 14 days after the final order is issued. The prevailing party shall serve a copy of any such motion for attorney fees on all parties.

(b) Attorney fees shall be awarded by the Board to the prevailing party as specified in ORS 197.830(15)(b) and (c); a motion for attorney fees shall include a signed and detailed statement of the amount of attorney fees sought.

(c) Attorney fees shall be awarded to the applicant, against the governing body, if the Board reverses a land use decision or limited land use decision and orders a local government to approve a development application pursuant to ORS 197.835(10).

(d) Attorney fees shall be awarded to the applicant, against the person who requested a stay pursuant to ORS 197.845, if the Board affirms a quasi-judicial land use decision or limited land use decision for which such a stay was granted. The amount of the award shall be limited to reasonable attorney’s fees incurred due to the stay request, and together with any actual damages awarded, shall not exceed the amount of the undertaking required under 197.845(2).

(e) Responses and Objections: Any response to a motion for attorney fees, together with any objections to the detailed statement of the amount of attorney fees sought, shall be filed with the Board within 14 days after the date of service of the motion.

(2) If a motion for attorney fees is filed, and the Board’s decision is appealed to the Court of Appeals, the Board shall act on the motion for attorney fees after an appellate judgment is issued and any further Board proceedings necessitated by that judgment are concluded.

History

Statutory/Other Authority: ORS 197.820(4)(a) & ORS 197.820(4)(b)
Statutes/Other Implemented: ORS 197.830(13)(a), ORS 197.835(10), ORS 197.845(3) & ORS 197.843
LUBA 2-2025, amend filed 12/10/2025, effective 01/01/2026
LUBA 1-2025, amend filed 01/07/2025, effective 01/15/2025
LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024
LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022
LUBA 2-2022, temporary amend filed 01/26/2022, effective 02/01/2022 through 07/30/2022
LUBA 1-2022, temporary amend filed 01/25/2022, effective 02/01/2022 through 07/30/2022
LUBA 1-2021, amend filed 06/29/2021, effective 07/01/2021
LUBA 1-2020, temporary amend filed 08/31/2020, effective 09/14/2020 through 03/12/2021
LUBA 1-2019, amend filed 12/24/2019, effective 01/01/2020
LUBA 1-2018, amend filed 12/28/2018, effective 01/01/2019
LUBA 1-2016, f. 12-22-16, cert. ef. 1-1-17
LUBA 3-2013, f. 12-12-13, cert. ef. 1-1-14
LUBA 2-2013(Temp), f. 10-28-13, cert. ef. 10-29-13 thru 4-27-14
LUBA 1-2013(Temp), f. 4-30-13, cert. ef. 5-1-13 thru 10-28-13
LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10
LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02
LUBA 3-1998, f. 12-1-98, cert. ef. 12-13-98
LUBA 2-1998(Temp), f. & cert. ef. 6-15-98 thru 12-12-98
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 1-1994, f. & cert. ef. 6-22-94
LUBA 2-1992, f. & cert. ef. 3-19-92
LUBA 1-1992, f. & cert. ef. 1-21-92
LUBA 1-1989, f. & cert. ef. 11-30-89
LUBA 1-1987, f. & ef. 12-30-87
LUBA 1-1983, f. & ef. 10-3-83
Reverted to LUBA 2-1980, f. & ef. 4-29-80
LUBA 1-1982(Temp), f. & ef. 5-19-82
Reverted to LUBA 2-1980, f. & ef. 4-29-80
LUBA 2-1981(Temp), f. & ef. 8-20-81
LUBA 2-1980, f. & ef. 4-29-80
LUBA 1-1979(Temp), f. & ef. 11-1-79

OAR Chapter 661 — Land Use Board of Appeals

Division 1 NOTICE RULE FOR THE LAND USE BOARD OF APPEALS

Or. Admin. R. 661-001-0000 Notice of Proposed Rulemaking

Or. Admin. R. 661-001-0005 Model Rules of Procedure

Division 10 RULES OF PROCEDURE FOR APPEALS

Or. Admin. R. 661-010-0000 Introduction

Or. Admin. R. 661-010-0005 Purpose

Or. Admin. R. 661-010-0010 Definitions

Or. Admin. R. 661-010-0011 Administrative Rule Compliance

Or. Admin. R. 661-010-0012 Appearance and Representation Before the Board

Or. Admin. R. 661-010-0014 Filing and Service

Or. Admin. R. 661-010-0015 Notice of Intent to Appeal

Or. Admin. R. 661-010-0021 Withdrawal of Decision for Reconsideration

Or. Admin. R. 661-010-0025 Record

Or. Admin. R. 661-010-0026 Objections to the Record

Or. Admin. R. 661-010-0029 Citations to Board Decisions

Or. Admin. R. 661-010-0030 Petition for Review

Or. Admin. R. 661-010-0035 Respondent’s Brief

Or. Admin. R. 661-010-0038 State Agency Briefs

Or. Admin. R. 661-010-0039 Reply Brief

Or. Admin. R. 661-010-0040 Oral Argument

Or. Admin. R. 661-010-0043 Conferences

Or. Admin. R. 661-010-0045 Taking Evidence Not in the Record

Or. Admin. R. 661-010-0046 Taking Official Notice

Or. Admin. R. 661-010-0050 Intervention

Or. Admin. R. 661-010-0052 Amicus Participation

Or. Admin. R. 661-010-0055 Consolidation

Or. Admin. R. 661-010-0065 Motions

Or. Admin. R. 661-010-0067 Extensions of Time

Or. Admin. R. 661-010-0068 Stays

Or. Admin. R. 661-010-0069 Transfers

Or. Admin. R. 661-010-0070 Final Order of Board

Or. Admin. R. 661-010-0071 Reversal or Remand of Land Use Decisions

Or. Admin. R. 661-010-0073 Reversal or Remand of Limited Land Use Decisions

Or. Admin. R. 661-010-0075 Attorney Fees

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