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Oregon · Through 2025 Edition

ORS 197.828: Board review of limited land use decision.

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Where this section sits in the code
  1. 05 - State Government, Government Procedures, Land Use
  2. 19. Miscellaneous Matters Related to Government and Public Affairs
  3. Chapter 197 — Comprehensive Land Use Planning

(1) The Land Use Board of Appeals shall either reverse, remand or affirm a limited land use decision on review.

      (2) The board shall reverse or remand a limited land use decision if:

      (a) 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;

      (b) The decision does not comply with applicable provisions of the land use regulations;

      (c) The decision is:

      (A) Outside the scope of authority of the decision maker; or

      (B) Unconstitutional; or

      (d) The local government committed a procedural error which prejudiced the substantial rights of the petitioner.

Collected 2026-09-03T23:50:12Z. Source file · JSON

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