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by relocation of a common boundary. Partition land does not include <br />division of land resulting from the creation of cemetery lots or lien <br />foreclosures. <br /> <br /> Under MCSPO II34, subdivide land means to divide an area or tract <br />of land into four or more lots within a calendar year when such area or <br />tract of land exists as a unit or contiguous units of land under a <br />single ownership at the beginning of such year. <br /> <br /> ORS chapter 92 regulates subdivisions and partitions. Under ORS <br />92.010(7), partition land means to divide land into two or three <br />parcels of land within a calendar year. Under ORS 92.010(15), subdivide <br />land means to divide land into four or more lots within a calendar <br />year. There are no roadway requirements or contiguous property <br />restrictions in state law. Appellants contend that, notwithstanding the <br />difference in definitions, the local definitions supplement, rather <br />than conflict with state law. Applicant contends that the local <br />definitions conflict with state law. <br /> <br /> Previously, state law mirrored the MCZO and MCSPO partitioning and <br />subdivision definitions. In 1985, SB 2381 removed the tract, unit, and <br />contiguous language from the definition of partition land and subdivide <br />land. Oregon Chapter Laws, 1985, chapter 717, sections 1 and 3. The <br />MCZO language regarding creation of a roadway was removed previously. <br /> <br /> Under ORS 92.012, no land may be subdivided or partitioned except <br />in accordance with ORS 92.010 to 92.190. Retaining language that the <br />legislature purposefully eliminated from the definitions of partition <br />land and subdivide land is counter to ORS 92.012. ORS 92.010 <br />definitions apply to partitions and subdivisions in Marion County. ORS <br />197.646 lends credibility to this conclusion. <br /> <br />Under ORS 197.646: <br /> <br />(i) <br /> <br />A local government shall amend the comprehensive plan and <br />land use regulations to implement new or amended statewide <br />planning goals, Land Conservation and Development Commission <br />administrative rules and land use statutes when such goals, <br />rules or statutes beoome applicable to the jurisdiction. <br /> <br />same <br /> <br />(3) <br /> <br />When a local government does not adopt comprehensive plan or <br />land use regulation amendments as required by subsection (1) <br />of this section, the new or amended goal, rule or statute <br />shall be directly applicable to the local government's land <br />use decisions. <br /> <br />ORS chapter 92 may arguably not be a "land use statute" in the <br />sense as ORS chapters 197 (Comprehensive Land Use Planning and <br /> <br />P 02-21 - ORDER -3 <br />KOLOEN <br /> <br /> <br />