Kaplowitz v. Lane County

The issue in this land use case is whether the Land Use Board of Appeals (LUBA) properly deferred to Lane County’s interpretation of the meaning of “accessory” use and development as used in the county’s forestland zoning regulation. Under ORS 197.829(1), LUBA must affirm a county’s interpretation of its land use regulations unless that interpretation is inconsistent with the text of the regulation or related policies.1 Petitioner asserts that the county’s interpretation is inconsistent with the purpose of the applicable forestland zoning provision and the state statutes and rules that…