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ORS 433.763

Known as the Oregon Indoor Clean Air Act

The act spans §§ 433–433 (249 sections).

Applied in 6 court decisions — leading case 190 Or. App. 120 - Landsem Farms, LP v. Marion County (2003)

Most recently applied in 327 Or. App. 708 - Marks v. LCDC (September 2023)

1985 c.758 §7; 2019 c.408 §1a

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) An application for an outdoor mass gathering for which the county decides that a land use permit is required, or for any gathering of more than 3,000 persons any part of which is held outdoors and which continues or can reasonably be expected to continue for a period exceeding that allowable for an outdoor mass gathering, shall be allowed by a county if:

(a) The applicant has complied or can comply with the requirements for an outdoor mass gathering permit set out in ORS 433.750 and 433.755;

(b) Permits required by the applicable land use regulations have been granted; and

(c) The proposed gathering:

(A) Is compatible with existing land uses; and

(B) Does not materially alter the stability of the overall land use pattern of the area.

(2) A hearings officer, county planning commission or other person or body that the county designates may make findings and approve or deny an application for a permit under this section. A decision granting or denying a permit under this section may be appealed to the county governing body as provided in ORS 215.402 to 215.438.

(3) Notwithstanding subsection (1) of this section, a county may not require a permit under ORS 433.750 for events otherwise permitted under ORS 215.213 (11), 215.283 (4), 215.449, 215.451 or 215.452.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.