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New state housing bill trims notice radius and restricts who can appeal land-use decisions
Summary
Planning staff told the commission that House Bill 4037 reduces mailed-notice distances to 100 feet and limits appeals to the applicant; staff said neighbors can still submit comments but may lack standing to appeal under the new law.
County staff told the Planning Commission that House Bill 4037 (the housing omnibus bill) changes two important procedural elements of local land-use review: notice distances and appeal standing. "So instead of the usual 2 50 feet the county would send out, that's now reduced to 100 feet," Gail Hendrickson said, explaining the change to the notification radius.
Hendrickson also told commissioners the bill narrows appeal standing so that in many cases only the applicant can appeal a land-use decision, including to the Oregon Land Use Board of Appeals (LUBA). Commissioner Ittaca asked what opportunity remains for neighboring property owners; Hendrickson said neighbors still may provide written comments when notice is sent and staff can use those comments when imposing conditions, but a formal public hearing may not be required under the new process. The commission discussed possible future guidance from DLCD or the state Supreme Court that might change how these rules are interpreted.
