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Wetlands Definition Watered Down: EPA Responds to U.S. Supreme Court Ruling
For decades, developers and environmental groups have disagreed about the scope of the Clean Water Act. The definition under scrutiny—the “Waters of the United States,” also known as WOTUS—establishes the geographic scope of federal jurisdiction unde...
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Opportunity to Advocate for Land Use Changes in Clark County Begins Now
Comprehensive Plans must be compelling, realistic, and specific. They should embody discipline and imagination. Importantly, they must resolve the tension between property owners seeking a permit and property owners wanting to have a say in what happ...
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Oregon County Adopts Historic Goal Exception Allowing Beachfront Protective Structures
At the core of Oregon’s coordinated land-use-planning law are 19 “statewide planning goals.” These goals set forth policy and directives that local governments must follow in crafting their planning ordinances and zoning code. To deviate from these m...
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Bend Continues to Plan for Affordable Housing through a Unique Urban Growth Boundary Amendment
On September 1, 2021, the Bend City Council adopted a resolution that will help move forward an innovative affordable housing pilot program. A lack of affordable housing has been a problem in many Oregon communities for years, and numerous state and...
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Right of Access to Public Roads: A Primer
A property owner’s right of access to an abutting public road is one of the more legally arcane sticks in the so-called “bundle of sticks” that constitute property rights. Known as a “common-law right of access,” the legal framework has developed via...
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Will a New Restriction on the Size of Homes Qualify for Measure 49 Relief? The Oregon Court of Appeals Says No.
On December 30, 2020, the Oregon Court of Appeals released its first decision interpreting statutory provisions governing prospective Measure 49 claims. The question in Moore v. City of Eugene, 308 Or App 318 (2020) is whether a residential dwelling...
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