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Land Use Review Appeals, Land Use Review Appeal Costs and Appeal Fee Waivers

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You can appeal a land use review decision. Get information about the appeals process, including fees. Get forms for filing a land use review decision appeal, find out when you can file an appeal, how much it costs and where to send your appeal. File a Type III appeal fee waiver request.
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The appeal process, appeal fee and hearing body depend on the procedure type of the land use review decision being appealed.

All local appeals are heard in a hearing open to the public.

Review Chapter 33.720 Assignment of Review Bodies, the Portland Zoning Code chapter on review bodies including appeals on the related webpage.

Where to send your appeal

The completed appeal application form must be emailed to LandUseIntake@portlandoregon.gov and to the planner listed in the decision.

If you do not have access to e-mail, please telephone the planner listed in the decision about submitting the appeal application.

File Type I and Type IV Decision Appeals, Type III Comprehensive Plan Map Amendment Decision Appeals, and Type III Statewide Planning Goal Exception Decision Appeals

  • Among other things, the petitioner at Oregon Land Use Board of Appeals (LUBA) must have submitted written testimony during the comment period for the land use review.
  • The appeal must be submitted to the LUBA within 21 days of the date of decision.
  • For more information, contact LUBA at (503) 373-1265.

File Expedited Land Division (ELD) Decision Appeals

The decision may be appealed by the applicant, the owner or any person who submitted comments during the public comment period. 

The appeal must be submitted to the Director of Development Services within 14 days of the day the notice of decision is mailed.

The appeal must be submitted on the appeal form:

The appeal fee is $300.

The appeal will be heard by the Hearings Officer.

Review Chapter 33.730, Quasi-Judicial Procedures on the related webpage for information on the process.

File Type II and Type IIx Decision Appeals

The decision may be appealed by the applicant, the owner and those entitled to notice, and any person adversely affected or aggrieved by the decision. 

The appeal must be submitted to the Director of Development Services within 14 days of the day the notice of decision is mailed.

The appeal must be submitted on the appeal form: 

The appeal fee is $250. No appeal fee is charged for recognized organizations as listed by the Office of Neighborhood Involvement. Review Chapter 33.750, Fees, Section 33.750.050 on the related webpage.

If the land use review is an adjustment, the appeal will be heard by the Adjustment Committee.

Design reviews are heard by the Design Commission.

Historic reviews are heard by the Historic Landmarks Commission.

All other appeals are heard by the Hearings Officer. 

Review Chapter 33.730, Quasi-Judicial Procedures on the related webpage for information on the process.

File Type III Decision Appeals

(Except Comprehensive Plan Map Amendments and Statewide Planning Goal Exceptions)

The decision may be appealed by the applicant, the owner and those who have testified orally or in writing at the hearing, provided that the testimony was directed to a specific approval criterion. 

The appeal must be submitted to the Director of Development Services within 14 days of the day the notice of decision is mailed.

The appeal must be submitted on the appeal form:

The appeal fee is one-half of the total application fee of the original land use review.

See below for fee waiver information for recognized organizations. The appeal fee may be waived for a recognized organization under certain circumstances. A recognized organization is one that is listed by the Office of Neighborhood Involvement.

Review the related Chapter 33.750, Fees Section 33.750.050 webpages.

An appeal will be heard by City Council.

Table summarizes the types of decision appeals listed above
Appeal a decisionWho can appealSubmission deadlineAppeal formFeeAppeal hearing
Expedited Land Division (ELD)Applicant, owner, and commentersWithin 14 days of notice of decision$300Heard by Hearings Officer
Type II and Type IIxApplicant, owner, those entitled to notice, and adversely affected or aggrieved partiesWithin 14 days of notice of decision

$250

No fee for recognized organizations listed by the Office of Neighborhood Involvement.

AdjustmentsAdjustment Committee
Design reviewsDesign Commission
Historic reviewsHistoric Landmarks Commission
For all other appealsHearings Officer
Type IIIApplicant, owner, and those who testified on specific approval criterionWithin 14 days of notice of decision

One-half of the total application fee of the original land use review.

Fee waiver available for recognized organizations listed by the Office of Neighborhood Involvement.

Heard by City Council

Fee Waivers for Type III Appeals by Recognized Organizations

The appeal fee may be waived for a recognized organization under certain circumstances (review the related Section 33.750.050 webpage). A recognized organization is one that is listed by the Office of Neighborhood Involvement

Because the City understands that the timelines for appeals are short, the waiver and appeal may be submitted at the same time. However, if the request for a fee waiver is denied, the appeal may be invalid because the deadline passed and the fee did not accompany the appeal.

Within 48 hours of receiving the fee waiver request, the Development Services Director, or her/his delegate, will notify the organization’s contact person as to whether the request for a fee waiver is approved, or if additional information is needed to make a decision on the fee waiver request. The Director’s decision to waive an appeal fee is final. The fee waiver request must be submitted on the fee waiver form:

Need help? Schedule a 15-minute appointment

If you have questions after reviewing the information on this page, please schedule a free 15-minute appointment with a city planner.

Contact

General Inquiries

Development Services
phone number503-823-7300Our front desk team will be available to answer Monday through Friday from 8 a.m. to 5 p.m. Please leave a message if you call outside of those hours.
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Mailing address

1900 SW 4th Ave
Portland, OR 97201