91视频

Although Oregon鈥檚 planning program is more than a half century old, maintenance of that program requires participation and vigilance by all actors. The Statewide Planning Goals apply to all local land use policies, including new or amended plans and land use regulations. While there is a process for periodic review of local plans and regulations, it isn鈥檛 used much. Most changes affecting such things as zoning or subdivision codes or plan maps or zoning for individual parcels are done on an individualized basis through what Oregon calls the post-acknowledgment plan amendment (PAPA) process (as it deals with alterations to plans and land use regulations already 鈥渁cknowledged鈥� as complying with those goals.)

There are hundreds of these discrete amendments every year and each one is subject to a two-step process. That process involves notices to the state (both before and after an amendment is adopted) with an opportunity to comment on those proposals at the local level at the first step and the ability to seek review at the Land Use Board of Appeals (LUBA) after local adoption at the second step.

The notices are triggered by local government transmittal to the state鈥檚 Department of Land Conservation and Development (DLCD) of a proposed amendment 20-35 days before the first evidentiary hearing before that local government. In this first step, DLCD and any interested person can convey comments and concerns to that local government before that hearing. More importantly, DLCD maintains an email list of those wishing to be notified of these changes, so that there is a central database to track them. Many special interest groups, such as organizations in the banking, homebuilding and real estate fields, as well as public interest organizations, can review these notices and decide whether to participate locally.

The second step requires the local government to transmit an amendment and its supportive justification within 20 days of adoption to DLCD. Any person or interest group requesting notification of adoption receives notice electronically. With some exceptions, most challenges are heard by LUBA. Any local hearing participant must initiate a challenge of an amendment within 21 days of adoption or notification.

For parties interested in housing, including the implementation of state laws that require more lands to be available for denser and multiple types of housing, the PAPA process provides the forum to assure that state policies are implemented at the local level. Development interests, public policy advocates, and others will examine proposals transmitted to DLCD and compare them to what the law requires, and draft and may then present testimony expressing their views.

This column is dedicated to those housing advocates who do this quotidian work within a very short deadline. These are the folks who review and comment on proposed changes and who review the local responses to their comments (sometimes on multiple occasions) to decide whether that outcome deserves commendation, an expression of concern over the adequacy of consideration directed to state or regional housing reviewers or should be challenged in LUBA. Their comments must be composed quickly and coherently, to allow for local government review and response. The comments may be delivered in person or by written communication. By allowing remote participation at public hearings, greater comment opportunities are provided.聽 For legal purposes, a letter or email to a local government is equally effective and equivalent to an in-person or virtual presentation.

Many individuals and interest groups can, and do, participate in local land use plan and regulatory changes relating to urban housing. However, Oregon鈥檚 PAPA system provides access to advocacy groups like Housing Land Advocates (HLA), a public interest group seeking policies that 鈥渁ffirmatively further fair housing鈥� (a phrase taken from the 1968 Federal Fair Housing Act), of local government actions throughout the state. HLA and the Fair Housing Council of Oregon (FHCO) have launched their PAPA project as a means of providing advice to local governments in meeting their housing obligations.

On a weekly basis, an HLA volunteer planner surveys all the PAPA proposals by local governments in their DLCD notices and flags those related to housing. That subset is then forwarded to one or more HLA board members to evaluate and formulate comments for HLA and FHCO, another advocacy organization supporting affordable housing. Those comments are reviewed and, with any revisions, are sent to the local government in advance of their action on the proposed amendments. Those comments serve multiple purposes: they may suggest further revisions to the proposal or commend the same; they may provide additional information to support their recommendations, and, if necessary, warn the local government that its proposal may be challenged by HLA or others for violation of state law. These comments may trigger discussions and revisions of the local proposal.

The dedicated effort to engage with local governments through HLA and FHCO鈥檚 PAPA project has existed for almost a decade and has been largely undertaken on a voluntary basis. Its participants are generally veterans who can more easily review local government proposals and suggest commendations or possible revisions. Its representatives have significant informal interactions with local planners so that potential conflicts are identified and more likely to be resolved. Long-term observers generally agree that Statewide Planning Goal 10, inadequately addressed in the past (if addressed at all), is now a regular part of PAPA affecting urban housing and that housing-related findings to justify changes are the norm. Information on the PAPA project may be found on both the HLA and FHCO websites.

While LUBA appeals and litigation are a part of Oregon鈥檚 land use program, their avoidance through advice from a respectful reviewer and collaborator can obviate conflict. In any event, the PAPA project is a significant and valuable addition to the constellation of planning tools for housing equity in the state. Hats off to this effort!

Edward Sullivan is a retired practitioner of land use and municipal law with more than 50 years of experience. He is a Housing Land Advocates board member and a participant in the PAPA process. Contact him at [email protected].

Carrie Richter is an attorney specializing in land use and municipal law at Bateman Seidel. Contact her at 503-972-9903 or [email protected].

The opinions, beliefs and viewpoints expressed in the preceding commentary are those of the authors and do not necessarily reflect the opinions, beliefs and viewpoints of the Daily Journal of Commerce or its editors. Neither author nor the 91视频 guarantees the accuracy or completeness of any information published herein.