Local Citizen Participation
Over the past several years Goal One Coalition has become increasingly aware of pressing problems with local appeals procedures and costs around the state. The hearings and appeals process is complicated, convoluted, repetitive, time consuming; and is becoming so costly that Oregon citizens - applicants and neighbors alike - are in effect being priced out of the process.
Goal One Institute is recommending amendments to the Oregon Revised Statutes to simplify and streamline the local decision-making process and to reduce the cost to local governments of reaching a final decision on applications for permits and zone changes.
Currently, state law requires local governments to provide opportunity for at least one public hearing, and caps the fee for that initial public hearing at $250. State law also allows for local governments to provide opportunities for one or more local appeals. No restrictions are imposed on fees for these additional appeals, except that the fee may not exceed the cost to the local government of providing the appeal. Many local governments have imposed fees amounting to multiple thousands of dollars. For example, the cost of an appeal in Lane County can exceed $3,500.
Such high fees effectively thwart statewide planning Goal 1 by pricing people out of the process.
Goal One Institute’s recommended solution to the proliferation of prohibitive appeals fees is:
- Amend existing statutory language to emphasis that a single-hearing process is the default process. Local governments would retain their existing authority to review decisions at their own discretion.
- If local governments chose to provide options for local appeals, fees for such appeals would be capped at the same cost as for the initial public hearing - $250.
Draft language for proposed amendments to ORS 215.422 (counties) is available here.
Draft language for proposed amendments to ORS 227.180 (cities) is available here.
Goal One is working in partnership with LandWatch Lane County to implement this concept in Lane County. Draft code language is available here.
We all need to pitch in to ensure that these urgently needed reforms to the local decision-making process are enacted at the next legislative session. Please contact your state representative and state senator now, talk to them about problems you have encountered in your communities, and urge them to support this reform effort.