- (1) For cause variance approvals. Any person adversely affected by a variance officer’s approval of a variance under OAR 340-071-0415 may appeal that decision to the commission under ORS 454.660(1). The appeal must be in writing and submitted to the commission within 20 days of the variance officer’s approval of the variance. The written appeal must specify the grounds for the appeal. Any person adversely affected by the commission’s final order may appeal that decision to a circuit court under ORS 183.484.
- (2) For cause variance denials: Any person adversely affected by a variance officer’s denial of a variance under OAR 340-071-0415 may request a hearing on the variance officer’s decision. The request for hearing must be made in writing within 20 days of the date of the variance denial and must state the grounds for the request. The hearing will be conducted as a contested case hearing under ORS 183.413 through 183.470 and OAR chapter 340, division 011.
- (3) Hardship variances. Any person adversely affected by the commission’s approval or denial of a hardship variance under OAR 340-071-0420 may appeal that decision to a circuit court in accordance with ORS 183.484.
Statutory/Other Authority
ORS 454.625
Statutes/Other Implemented
ORS 454.660
History
DEQ 29-2025, amend filed 10/01/2025, effective 01/01/2026
DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017
DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05
DEQ 10-1981, f. & ef. 3-20-81