ORS § 197.825 : MISCELLANEOUS MATTERS RELATED TO GOVERNMENT AND PUBLIC AFFAIRS — COMPREHENSIVE LAND USE PLANNING I —LAND USE BOARD OF APPEALS — Jurisdiction of board; limitations; effect on circuit court jurisdiction
(1) Except as provided in ORS
197.320 and subsections (2) and (3) of this section, the Land Use Board of Appeals shall have exclusive jurisdiction to review any land use decision or limited land use decision of a local government, special district or a state agency in the manner provided in ORS
197.830 to
197.845.
(2) The jurisdiction of the board:
(a) Is limited to those cases in which the petitioner has exhausted all remedies available by right before petitioning the board for review;
(b) Is subject to the provisions of ORS
197.850 relating to judicial review by the Court of Appeals;
(c) Does not include a local government decision that is:
(A) Submitted to the Department of Land Conservation and Development for acknowledgment under ORS
197.251,
197.626 or
197.628 to
197.651 or a matter arising out of a local government decision submitted to the department for acknowledgment, unless the Director of the Department of Land Conservation and Development, in the director's sole discretion, transfers the matter to the board; or
(B) Subject to the review authority of the department under ORS
197.430,
197.445,
197.450 or
197.455 or a matter related to a local government decision subject to the review authority of the department under ORS
197.430,
197.445,
197.450 or
197.455;
(d) Does not include those land use decisions of a state agency over which the Court of Appeals has jurisdiction for initial judicial review under ORS
183.400,
183.482 or other statutory provisions;
(e) Does not include any rules, programs, decisions, determinations or activities carried out under ORS
527.610 to
527.770,
527.990(1) and
527.992;
(f) Is subject to ORS
196.115 for any county land use decision that may be reviewed by the Columbia River Gorge Commission pursuant to sections 10(c) or 15(a)(2) of the Columbia River Gorge National Scenic Area Act, P.L. 99-663; and
(g) Does not include review of expedited land divisions under ORS
197.360.
(3) Notwithstanding subsection (1) of this section, the circuit courts of this state retain jurisdiction:
(a) To grant declaratory, injunctive or mandatory relief in proceedings arising from decisions described in ORS
197.015(10)(b) or proceedings brought to enforce the provisions of an adopted comprehensive plan or land use regulations; and
(b) To enforce orders of the board in appropriate proceedings brought by the board or a party to the board proceeding resulting in the order.