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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
Senate Bill 817
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conform-
ance with presession filing rules, indicating neither advocacy nor opposition on the part of the
President (at the request of Governor Tina Kotek for Land Use Board of Appeals)
CHAPTER .................................................
AN ACT
Relating to Land Use Board of Appeals fees; amending ORS 197.830.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 197.830 is amended to read:
197.830. (1) Review of land use decisions or limited land use decisions under ORS 197.830 to
197.845 shall be commenced by filing a notice of intent to appeal with the Land Use Board of Ap-
peals.
(2) Except as provided in ORS 197.620, a person may petition the board for review of a land use
decision or limited land use decision if the person:
(a) Filed a notice of intent to appeal the decision as provided in subsection (1) of this section;
and
(b) Appeared before the local government, special district or state agency orally or in writing.
(3) If a local government makes a land use decision without providing a hearing, except as
provided under ORS 215.416 (11) or 227.175 (10), or the local government makes a land use decision
that is different from the proposal described in the notice of hearing to such a degree that the notice
of the proposed action did not reasonably describe the local government’s final actions, a person
adversely affected by the decision may appeal the decision to the board under this section:
(a) Within 21 days of actual notice where notice is required; or
(b) Within 21 days of the date a person knew or should have known of the decision where no
notice is required.
(4) If a local government makes a land use decision without a hearing pursuant to ORS 215.416
(11) or 227.175 (10):
(a) A person who was not provided notice of the decision as required under ORS 215.416 (11)(c)
or 227.175 (10)(c) may appeal the decision to the board under this section within 21 days of receiving
actual notice of the decision.
(b) A person who is not entitled to notice under ORS 215.416 (11)(c) or 227.175 (10)(c) but who
is adversely affected or aggrieved by the decision may appeal the decision to the board under this
section within 21 days after the expiration of the period for filing a local appeal of the decision es-
tablished by the local government under ORS 215.416 (11)(a) or 227.175 (10)(a).
(c) A person who receives notice of a decision made without a hearing under ORS 215.416 (11)
or 227.175 (10) may appeal the decision to the board under this section within 21 days of receiving
actual notice of the nature of the decision, if the notice of the decision did not reasonably describe
the nature of the decision.
Enrolled Senate Bill 817 (SB 817-INTRO) Page 1
(d) Except as provided in paragraph (c) of this subsection, a person who receives notice of a
decision made without a hearing under ORS 215.416 (11) or 227.175 (10) may not appeal the decision
to the board under this section.
(5) If a local government makes a limited land use decision which is different from the proposal
described in the notice to such a degree that the notice of the proposed action did not reasonably
describe the local government’s final actions, a person adversely affected by the decision may appeal
the decision to the board under this section:
(a) Within 21 days of actual notice where notice is required; or
(b) Within 21 days of the date a person knew or should have known of the decision where no
notice is required.
(6) The appeal periods described in subsections (3), (4) and (5) of this section:
(a) May not exceed three years after the date of the decision, except as provided in paragraph
(b) of this subsection.
(b) May not exceed 10 years after the date of the decision if notice of a hearing or an adminis-
trative decision made pursuant to ORS 197.195 or 197.797 is required but has not been provided.
(7)(a) Within 21 days after a notice of intent to appeal has been filed with the board under
subsection (1) of this section, any person described in paragraph (b) of this subsection may intervene
in and be made a party to the review proceeding by filing a motion to intervene and by paying a
filing fee of [ $100] $200.
(b) Persons who may intervene in and be made a party to the review proceedings, as set forth
in subsection (1) of this section, are:
(A) The applicant who initiated the action before the local government, special district or state
agency; or
(B) Persons who appeared before the local government, special district or state agency, orally
or in writing.
(c) Failure to comply with the deadline or to pay the filing fee set forth in paragraph (a) of this
subsection shall result in denial of a motion to intervene.
(8) If a state agency whose order, rule, ruling, policy or other action is at issue is not a party
to the proceeding, it may file a brief with the board as if it were a party. The brief shall be due on
the same date the respondent’s brief is due and shall be accompanied by a filing fee of $100.
(9) A notice of intent to appeal a land use decision or limited land use decision shall be filed
not later than 21 days after the date the decision sought to be reviewed becomes final. A notice of
intent to appeal plan and land use regulation amendments processed pursuant to ORS 197.610 to
197.625 shall be filed not later than 21 days after notice of the decision sought to be reviewed is
mailed or otherwise submitted to parties entitled to notice under ORS 197.615. Failure to include a
statement identifying when, how and to whom notice was provided under ORS 197.615 does not
render the notice defective. Copies of the notice of intent to appeal shall be served upon the local
government, special district or state agency and the applicant of record, if any, in the local gov-
ernment, special district or state agency proceeding. The notice shall be served and filed in the form
and manner prescribed by rule of the board and shall be accompanied by a filing fee of [ $300. If a
petition for review is not filed with the board as required in subsections (10) and (11) of this section,
the board shall award the filing fee to the local government, special district or state agency. ] $350.
(10)(a) Within 21 days after service of the notice of intent to appeal, the local government, spe-
cial district or state agency shall transmit to the board the original or a certified copy of the entire
record of the proceeding under review. By stipulation of all parties to the review proceeding the
record may be shortened. The board may require or permit subsequent corrections to the record;
however, the board shall issue an order on a motion objecting to the record within 60 days of re-
ceiving the motion. If the board denies a petitioner’s objection to the record, the board may estab-
lish a new deadline for the petition for review to be filed that may not be less than 14 days from
the later of the original deadline for the brief or the date of denial of the petitioner’s record ob-
jection.
Enrolled Senate Bill 817 (SB 817-INTRO) Page 2
(b) Within 10 days after service of a notice of intent to appeal, the board shall provide notice
to the petitioner and the respondent of their option to enter into mediation pursuant to ORS 197.860.
Any person moving to intervene shall be provided such notice within seven days after a motion to
intervene is filed. The notice required by this paragraph shall be accompanied by a statement that
mediation information or assistance may be obtained from the Department of Land Conservation and
Development.
(11) A petition for review of the land use decision or limited land use decision and supporting
brief shall be filed with the board as required by the board under subsection (13) of this section.
(12) The petition shall include a copy of the decision sought to be reviewed and shall state:
(a) The facts that establish that the petitioner has standing.
(b) The date of the decision.
(c) The issues the petitioner seeks to have reviewed.
(13)(a) The board shall adopt rules establishing deadlines for filing petitions and briefs and for
oral argument.
(b) The local government or state agency may withdraw its decision for purposes of reconsid-
eration at any time:
(A) Subsequent to the filing of a notice of intent; and
(B) Prior to:
(i) The date set for filing the record; or
(ii) On appeal of a decision under ORS 197.610 to 197.625 or relating to the development of a
residential structure, the filing of the respondent’s brief.
(c) If a local government or state agency withdraws an order for purposes of reconsideration,
it shall, within such time as the board may allow, affirm, modify or reverse its decision. If the
petitioner is dissatisfied with the local government or agency action after withdrawal for purposes
of reconsideration, the petitioner may refile the notice of intent and the review shall proceed upon
the revised order. An amended notice of intent is not required if the local government or state
agency, on reconsideration, affirms the order or modifies the order with only minor changes.
(14) The board shall issue a final order within 77 days after the date of transmittal of the record.
If the order is not issued within 77 days the applicant may apply in Marion County or the circuit
court of the county where the application was filed for a writ of mandamus to compel the board to
issue a final order.
(15) Upon entry of its final order, the board:
(a) May, in its discretion, award costs to the prevailing party including the cost of preparation
of the record if the prevailing party is the local government, special district or state agency whose
decision is under review.
(b) Shall award reasonable attorney fees and expenses to the prevailing party against any other
party who the board finds presented a position or filed any motion without probable cause to believe
the position or motion was well-founded in law or on factually supported information.
(c) Shall award costs and attorney fees to a party as provided in ORS 197.843.
(16) Orders issued under this section may be enforced in appropriate judicial proceedings.
(17)(a) The board shall provide for the publication of its orders that are of general public in-
terest in the form it deems best adapted for public convenience. The publications shall constitute
the official reports of the board.
(b) Any moneys collected or received from sales by the board shall be paid into the Board
Publications Account established by ORS 197.832.
(18) Except for any sums collected for publication of board opinions, all fees collected by the
board under this section that are not awarded as costs shall be paid over to the State Treasurer to
be credited to the General Fund.
(19) The board shall track and report on its website:
(a) The number of reviews commenced, as described in subsection (1) of this section, the number
of reviews commenced for which a petition is filed under subsection (2) of this section and, in re-
lation to each of those numbers, the rate at which the reviews result in a decision of the board to
Enrolled Senate Bill 817 (SB 817-INTRO) Page 3
uphold, reverse or remand the land use decision or limited land use decision. The board shall track
and report reviews under this paragraph in categories established by the board.
(b) A list of petitioners, the number of reviews commenced and the rate at which the petitioner’s
reviews have resulted in decisions of the board to uphold, reverse or remand the land use decision
or limited land use decision.
(c) A list of respondents, the number of reviews involving each respondent and the rate at which
reviews involving the respondent have resulted in decisions of the board to uphold, reverse or re-
mand the land use decision or limited land use decision. Additionally, when a respondent is the local
government that made the land use decision or limited land use decision, the board shall track
whether the local government appears before the board.
(d) A list of reviews, and a brief summary of the circumstances in each review, under which the
board exercises its discretion to require a losing party to pay the attorney fees of the prevailing
party.
Passed by Senate March 11, 2025
..................................................................................
Obadiah Rutledge, Secretary of Senate
..................................................................................
Rob Wagner, President of Senate
Passed by House May 15, 2025
..................................................................................
Julie Fahey, Speaker of House
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled Senate Bill 817 (SB 817-INTRO) Page 4