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DLCD official urges Sweet Home to secure state acknowledgment for plan and code amendments
Summary
Patrick Wingard of the Oregon Department of Land Conservation and Development told Sweet Home officials that failing to provide timely notice to DLCD or to obtain state acknowledgment for plan or code amendments can leave those changes vulnerable to appeal to the Land Use Board of Appeals (LUBA).
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Patrick Wingard, the Southern Willamette Valley regional representative for the Oregon Department of Land Conservation and Development, told a joint Sweet Home City Council and Planning Commission work session that cities must provide DLCD timely notice of comprehensive plan or zoning-code amendments so the department can review and, when necessary, participate.
"An acknowledged plan, zoning code, or associated amendment means DLCD was provided a timely notice with an opportunity to review and comment on the proposed amendment," Wingard said. He warned that unacknowledged amendments may not hold up upon appeal to the Land Use Board of Appeals and recounted an example where non-acknowledged changes forced staff to apply prior code versions during costly appeals.
Wingard also explained the PAPA (post-acknowledgment plan amendment) process and noted that staff reports must be published at least seven days before the first public hearing so DLCD has time to review. He said his office prefers resolving concerns prior to publication of the staff report to reduce the risk of appeals and additional work for local governments.
The session included a reminder that the Sweet Home comprehensive plan was first adopted on 04/15/1982 and that the city's zoning code implements the plan; Wingard said those local documents must be evaluated against statewide planning goals and state statutes when amendments are proposed. He offered DLCD assistance to audit the city's code and ensure amendments proceed with state acknowledgment where required.
The council and commission did not vote on any amendments during the session; Wingard offered to return for follow-up assistance and technical review if requested.

