Preparing to Testify at a Land Use Hearing

When a significant land use change is requested, the municipal code often requires a hearing where all parties have the opportunity to express their views.  For example, one of the goals of Oregon’s statewide land use planning strategy recognizes the importance of citizen involvement “in all phases of the planning process.”  Providing testimony at local land use hearings is one of the primary ways this objective can be met.

What types of issues are discussed in land use hearings?

Oregon state law defines three types of local land use decisions.  In addition to these three, there are also limited land use decisions and expedited land divisions that are subject to specific procedures and standards defined elsewhere in the law.

1. Legislative land use decisions.  These decisions establish local land use policies and often become a part of a city-wide plan or zoning code.  Usually, proposed amendments to a city plan or zoning code are considered first by a planning commission in conjunction with one or more public hearings.  The commission’s recommendation is then provided to a governing body that makes the decision.
2. Quasi-judicial land use decisions.  These meetings discuss existing policies or regulations that may be applied to specific situations or development proposals.  For example, they may include zoning amendments, conditional use permits, variances, partitions, subdivisions, and other similar conditions.
3. Ministerial land use decisions.  These are administrative decisions where clear regulations apply to existing situations like approving building permits.  These do not require public hearings.

How can you be best prepared to testify at a land use hearing?

If you desire to provide your feedback at a land use hearing, there are some tips you should use to communicate your views most effectively.

1. Know what you’re talking about.  Make sure you have thoroughly researched the issue and understand multiple perspectives.  Review all reports provided ahead of time and state and local standards that will apply.
2. Plan to speak for 3 to 5 minutes at most.  You will only have a limited amount of time to get your point across, so identify the most critical issues you want to address.
3. Prepare an outline of your presentation.  Organize your thoughts ahead of time with an outline or draft speech.  Practice your presentation with a trusted friend to ensure it makes sense and flows well.  
4. Use facts.  While your opinion is important, focus on presenting facts that support your point of view.
5. Anticipate questions.  Think about what the commission might ask you, and address those in your presentation where possible.  In the least, be prepared to answer questions about your presentation.
6. Don’t get emotional.  Just by showing up, the commission will understand you have strong views about the subject.  Be respectful with your words and tone.  Avoid becoming defensive or agitated.
7. Be professional.  Show up early and dress respectfully.  Have all your materials well organized.  Thank the commission for their time.

Our team can help you navigate the process.

If you need help preparing for an important land use hearing, contact the professionals at Richard Stevens & Associates.  We are experts on land use planning regulations in Oregon and can help prepare you for success.  We assist our clients with all work related to rural and urban land use planning permits and zoning laws. Our team will work to understand your needs and help you understand the legal processes to achieve your goals.