The purpose of land use planning is to manage land uses and activities efficiently to meet our needs today while conserving resources for future generations. Planning protects water, soil, fish and wildlife, vegetation, riparian, forest, agriculture, estuarine, and other natural systems from adverse effects of unregulated development. Planning promotes development that enhances livability through man-made systems such as industrial and commercial development, streets, and other needed public facilities and services. Effective land use planning carefully balances conservation and development to meet state, regional and community objectives. Well-planned areas are more cost-efficient to serve with water, sewer and roads. In Oregon, this is accomplished by coordinated local government comprehensive plans and implementing measures that reflect state policies while meeting local needs and conditions.
Oregon’s planning system dates back to the legislature’s adoption of Senate Bill 100 in 1973. Overarching goals were created in consultation with more than 10,000 citizens of the state and are updated over time. The system relies upon a partnership between state and local governments to promote coordinated and consistent administration of land uses based on local comprehensive plans adopted throughout the state. The law is administered by the Land Conservation and Development Commission or LCDC, a citizens body appointed by the governor to oversee state policy, goals and guidelines. The Department of Land Conservation and Development or DLCD is the state agency that provides administrative oversight and technical assistance. Subsequent legislation created a process for appeal of local land use decisions to a new state agency called LUBA, the Land Use Board of Appeals.
Oregon’s primary land use policies are expressed in 19 Statewide Planning Goals*. The goals may be clustered into four groups: Goals 1 and 2 are the process goals of comprehensive planning; Goal 1 pertains to citizen involvement and Goal 2 to comprehensive planning. Goals 3 through 8, 13 and 15 express natural resource conservation goals. Goals 9 through 12 and 14 are concerned with housing, transportation, urban growth and economic development. The remaining goals 16 through 19 apply specifically to the unique resources of the Oregon coast.
Laws enacted by the Oregon legislature are codified in Oregon Revised Statutes or ORS and create the legal framework and requirements for the statewide planning program. The primary statutes are:
ORS 197 directs LCDC to adopt statewide land use planning goals to guide local governments and state agencies and also to adopt Administrative Rules to augment or provide more specific direction for meeting these goals and statutes.
LCDC is the state policy body charged with reviewing each local comprehensive plan and implementing land use regulations to comply with the goals. The technical term that describes state approval is "acknowledgment." When "acknowledged," the plan becomes the guiding document for all land use decisions in that jurisdiction. When changes or amendments to local plans and land use regulations are proposed, LCDC and DLCD review the proposed changes for compliance with state requirements. Generally larger cities, in coordination with counties,are required to review and update their plans in a process called periodic review. DLCD gives local governments technical and financial assistance to help them update and implement their plans.
In compliance with statewide goals, cities and counties adopt their comprehensive plans and implement them through ordinances and other local measures. They review and update their plans and implementing ordinances as needed to meet changing needs and circumstances or to comply with new requirements.
Any development, whether a new single-family home or a shopping center, must receive prior approval from the local jurisdiction to ensure that it conforms to the land use plan and ordinances for health and safety and other local objectives. Typical land use decisions include variances, site and design review, conditional use permits, partitions, subdivisions and zone changes.
Certain kinds of development, such as an addition to a home may be approved quickly at the staff level while others, such as a home based business or small office complex in a residential zone may require conditional use approval by the planning commission. More complicated actions or policy changes, such as a new mixed use zone or zone change from multi-family residential to retail commercial may require approval of the city council or county board. A more complete discussion of city and county processes are found in the following chapters.
Under Oregon law, individuals or organizations must have "standing" to appeal a land use decision. This means that they must have participated in the local hearings and raised specific issues concerning the proposed action. There are a number of ways to appeal a land use decision. Most are settled at the staff or planning commission level while others are heard by the elected city council or county commission or hearings officer. Others are decided by the Oregon Land Use Board of Appeals. Local staff are good resources for clarification on specific procedures.
Governmental agencies are required to consult and coordinate with one another before making land use decisions that may affect another jurisdiction. An example is when the decision involves unincorporated areas within a city’s urban growth boundary. In addition, by coordinating their plans, state, local and federal agencies can help leverage scarce funds and assure the public that spending on roads, water, sewer and other facilities is efficient and effective.
Citizen involvement is the first of Oregon’s Statewide Planning Goals and a hallmark of our planning program. Goal 1 calls for "widespread citizen involvement" and "effective two-way communication with citizens." At every level of government, citizens must be kept informed of land use activities and given opportunities to be involved. Each city and county plan must include a citizen involvement program that describes how the public can participate in each phase of its planning process, including rules for public notice and comments. Some jurisdictions use neighborhood or area advisory committees to review and make recommendations on major land use proposals.
A comprehensive plan is a generalized, coordinated land use map and policy statement of the governing body of a city or county. It relates to all man-made and natural systems as well as activities relating to the use of lands. It establishes the community’s vision and identifies the type, location and intensity of future development. It must address local conditions and priorities consistent with the applicable requirements of the Statewide Planning Goals. The plan is implemented through ordinances, codes, or regulations. It has the force of law and is the guiding land use document for each local jurisdiction.
Statewide planning goals require specific data and analysis to support the policies and land use designations. Thus, accurate up-to-date information is a key component of each comprehensive plan. Required information includes facts about current and expected population growth, buildable lands, current land uses and development trends as well as inventories of local natural resources and geologic and hydrologic conditions that may affect planning decisions.
Local plans are guided by goals and policies that reflect the unique circumstances and vision of each community, respond to current needs and conditions, and provide guidance for implementing and amending the plan, funding and other matters. Each plan also includes a comprehensive plan map that shows the applicable land use designations, such as residential, employment and resource lands. Comprehensive plans also contain other supporting maps showing the urban growth boundary, and existing and proposed land uses, transportation facilities and public facilities and services. They also cover flood areas, geologic hazard areas, agricultural and forest lands, natural resources, historic resources and recreational facilities.
Implementing measures are the ordinances, budgets and capital improvement programs, and specific standards and criteria that guide local jurisdictions in carrying out their comprehensive plans. These include zoning and land division ordinances and other land use regulations. For example, zoning ordinances specify the uses and activities allowed in various areas in a community. In urban areas, they typically emphasize topics such as housing, economic development and livability. In rural areas, zoning provisions typically emphasize farm and forest uses, rural residential development, and natural resource protection.
Functional plans usually include site-specific details. A parks master plan may provide design for recreational facilities. A downtown redevelopment or main street plan may include streetscape design, off street parking, street trees and other amenities, pedestrian and bicycle circulation, lighting and mixed uses. Other examples of functional plans include Capital Improvement Programs, Transportation Systems Plans and Public Facilities Plans such as for sewer or water.
The purpose of sub-area or neighborhood plans is to address specific needs identified by residents and businesses of a specific area. They protect and enhance livability at the neighborhood level within the framework of the comprehensive plan. These plans often include measures such as park improvements or better traffic circulation in the area.
In addition to the topics typically covered in the comprehensive plans, a number of new issues are gaining attention. Among these are sustainability, climate change and regional planning. Oregon’s planning program and local land use plans provide a framework for communities to address these issues.
Many local communities are considering sustainable development as a framework to meet the physical, social and economic needs of the present as well as future generations. Sustainability involves management practices that emphasize mixed use development patterns, enhanced transportation linkages, protection of natural amenities and a sense of community. Many jurisdictions are integrating the concept of sustainability into their comprehensive plans and land use regulations. Many plans have these core elements in place already.
Scientific evidence confirms that the earth’s climate is being affected by greenhouse gas emissions from cars, trucks, power plants and other human activities. The effects of climate change could have serious implications for the people, environment and economy of Oregon. The State has assessed these potential impacts and identified a range of actions to help prepare for, adapt to and mitigate the effects of too much carbon in the atmosphere. Local governments are beginning to address this issue. Resources for addressing climate change through local initiatives may be found at www.orclimatechange.gov.
Many land use and natural resource issues affect areas beyond local governmental boundaries. Groundwater supplies, watershed restoration, economic development and transportation systems are examples. Regional planning can help address these and other matters through cooperation and coordination among neighboring jurisdictions and state agencies.
The State has several programs to help local jurisdictions meet regional planning needs, including intergovernmental teams and other regional problem solving approaches. Establishing urban growth boundaries and coordinating the delivery of public facilities and services inside that urban growth area is an important element of regional planning.
Specific regional programs in Oregon include the Portland Metro regional plan and urban growth boundary, estuary planning through the Oregon Coastal Management Program and planning coordination in the Columbia River Gorge National Scenic Area.