Or. Admin. R. 661-010-0071 – Reversal or Remand of Land Use Decisions

(1) The Board shall reverse a land use decision when:
1. (a) The governing body exceeded its jurisdiction;
2. (b) The decision is unconstitutional; or
3. (c) The decision violates a provision of applicable law and is prohibited as a matter of law.
(2) The Board shall remand a land use decision for further proceedings when:
1. (a) The findings are insufficient to support the decision, except as provided in ORS 197.835(11)(b);
2. (b) The decision is not supported by substantial evidence in the whole record;
3. (c) The decision is flawed by procedural errors that prejudice the substantial rights of the petitioner(s);
4. (d) The decision improperly construes the applicable law, but is not prohibited as a matter of law; or
5. (e) All parties stipulate in writing to remand.
(3) The Board may reverse or remand a land use decision in part when:
1. (a) The decision adopts a change to an acknowledged comprehensive plan or land use regulation;
2. (b) The decision contains a severability clause; and
3. (c) The affirmed parts, standing alone, are complete and capable of being executed consistent with the local government’s legislative intent.

ORS 197.820(4) & 197.835(1)

ORS 197.835