GILLETTE, P. J.
This case consolidates three petitions for review from an order of the Land Conservation and Development Commission (LCDC) which determined that three building permits issued by Columbia County were invalid. Two issues are raised. The first concerns the jurisdiction of LCDC to review the issuance of these building permits. The determination of that issue depends upon whether the issuance of the building permits in the circumstances involved here constituted a "land conservation and development action” as that term is used in ORS ch 197.
If LCDC had jurisdiction to review these building permits, petitioners challenge the correctness of LCDC’s determination on the merits. We affirm.
On August 1, 1979, Columbia County issued building permits for single family residences on three parcels in the Hillcrest Subdivision. That subdivision of approximately 1100 lots was platted and recorded in 1957. Just over 200 of the lots have been sold to individuals; Portland General Electric owns 60 of the lots, on which it has power lines; the remainder are owned by Trans-West Company of Oregon and Columbia Hills Development Company. The latter is the applicant for the building permits at issue here. The lots average 7,000 to 10,000 square feet. The parcels for which the building permits were issued each contain 3 or 4 lots, that combination of lots being required for approval of septic tanks and drain fields. There is a county road which provides access to each of the three parcels; there are other roads in the subdivision which are passable only part of the year. No homes have yet been built in the subdivision, and there are few homes in the surrounding area.
The land in question is forest land and is currently not zoned. Columbia County has no acknowledged comprehensive plan.
See
ORS 197.250. An Enforcement Order was issued on April 10, 1979, by LCDC pursuant to ORS
197.320,
requiring that the county take steps to protect its agricultural and forest lands pending acknowledgment of its comprehensive plan. The Order required that the county apply Goals 3 (agricultural lands) and 4 (forest lands) to land use actions involving those types of lands. "Land use action” was defined to include the issuance of building permits. The county thereafter adopted procedures for handling applications for building permits. Those procedures required approval by the Board of Commissioners after review by the Planning Commission, but did not require a formal hearing or notice to those who might be affected. The procedures adopted by the county in response to the enforcement order were those employed in the issuance of these building permits. The validity of the Enforcement Order is not at issue here.
JURISDICTION
The county is required to adopt a comprehensive plan and implementing ordinances which comply with the state-wide planning goals. ORS 215.050. LCDC determines compliance with the state-wide goals pursuant to procedures established in ORS 197.251. After acknowledgement of compliance by LCDC, the state-wide planning goals will ordinarily apply to county "land conservation and development actions” only through the comprehensive plan and implementing ordinances. ORS 197.275(2). Before acknowledgement, however, the goals apply directly to "land conservation and development actions,”
Alexanderson v. Polk County Commissioners,
289 Or 427, 616 P2d 459 (1980);
Jurgenson v. Union County Court,
42 Or App 505, 600 P2d 1241 (1979), and LCDC was authorized to review any "land conservation and development action” alleged to conflict with the state-wide goals under former ORS 197.300(l)(b):
"(1) In the manner provided in ORS 197.305 to 197.315, the commission shall review upon:
* * * *
"(b) Petition by a city, county, special district governing body, or state agency, a land conservation and development action taken by a state agency, city, county or special district that the governing body or state agency considers to be in conflict with state-wide planning goals approved under ORS 197.240.”
The dispute between these parties centers on whether the issuance of these building permits was a "land conservation and development action” as that term is used
in the statute. The parties have analyzed the statutes and case law and argued both sides of the question of whether the issuance of building permits
in general
is a land conservation and development action. We believe, however, that the issue presented here is much narrower.
The particular facts here present a situation in which building permits were issued for parcels in an area of rural forest land which is undeveloped,
which has not been zoned and which is not subject to an acknowledged comprehensive plan. The only prior land use decision which has arguably been made regarding these parcels is the recording of the plat, which occurred in 1957. Petitioners argue that the recording of the plat entitles the landowner to use the land for what was obviously the intended purpose, given the lot sizes, at the time the plat was recorded,
viz.,
for residential purposes.
There is, however, no such entitlement. The county could adopt a comprehensive plan and zoning ordinances designating the permissible uses of the land without regard to the fact that there was a plat recorded in 1957. In
Pohrman v. Klamath County Comm.,
25 Or App 613, 550 P2d 1236 (1976), we held that, even assuming that a subdivision is an existing use,
"[z]oning is not merely a catalog of existing uses; it is a legislative judgment based on numerous standards about what future uses of property will, or will not, be in the public interest. There is no such thing as a 'right’ to have a zone conform to an existing use.” 25 Or App at 619.
It is true that ORS 215.130(5) provides that:
"(5) The lawful use of any building, structure or land at the time of the enactment or amendment of any zoning ordinance or regulation may be continued. * * *”
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GILLETTE, P. J.
This case consolidates three petitions for review from an order of the Land Conservation and Development Commission (LCDC) which determined that three building permits issued by Columbia County were invalid. Two issues are raised. The first concerns the jurisdiction of LCDC to review the issuance of these building permits. The determination of that issue depends upon whether the issuance of the building permits in the circumstances involved here constituted a "land conservation and development action” as that term is used in ORS ch 197.
If LCDC had jurisdiction to review these building permits, petitioners challenge the correctness of LCDC’s determination on the merits. We affirm.
On August 1, 1979, Columbia County issued building permits for single family residences on three parcels in the Hillcrest Subdivision. That subdivision of approximately 1100 lots was platted and recorded in 1957. Just over 200 of the lots have been sold to individuals; Portland General Electric owns 60 of the lots, on which it has power lines; the remainder are owned by Trans-West Company of Oregon and Columbia Hills Development Company. The latter is the applicant for the building permits at issue here. The lots average 7,000 to 10,000 square feet. The parcels for which the building permits were issued each contain 3 or 4 lots, that combination of lots being required for approval of septic tanks and drain fields. There is a county road which provides access to each of the three parcels; there are other roads in the subdivision which are passable only part of the year. No homes have yet been built in the subdivision, and there are few homes in the surrounding area.
The land in question is forest land and is currently not zoned. Columbia County has no acknowledged comprehensive plan.
See
ORS 197.250. An Enforcement Order was issued on April 10, 1979, by LCDC pursuant to ORS
197.320,
requiring that the county take steps to protect its agricultural and forest lands pending acknowledgment of its comprehensive plan. The Order required that the county apply Goals 3 (agricultural lands) and 4 (forest lands) to land use actions involving those types of lands. "Land use action” was defined to include the issuance of building permits. The county thereafter adopted procedures for handling applications for building permits. Those procedures required approval by the Board of Commissioners after review by the Planning Commission, but did not require a formal hearing or notice to those who might be affected. The procedures adopted by the county in response to the enforcement order were those employed in the issuance of these building permits. The validity of the Enforcement Order is not at issue here.
JURISDICTION
The county is required to adopt a comprehensive plan and implementing ordinances which comply with the state-wide planning goals. ORS 215.050. LCDC determines compliance with the state-wide goals pursuant to procedures established in ORS 197.251. After acknowledgement of compliance by LCDC, the state-wide planning goals will ordinarily apply to county "land conservation and development actions” only through the comprehensive plan and implementing ordinances. ORS 197.275(2). Before acknowledgement, however, the goals apply directly to "land conservation and development actions,”
Alexanderson v. Polk County Commissioners,
289 Or 427, 616 P2d 459 (1980);
Jurgenson v. Union County Court,
42 Or App 505, 600 P2d 1241 (1979), and LCDC was authorized to review any "land conservation and development action” alleged to conflict with the state-wide goals under former ORS 197.300(l)(b):
"(1) In the manner provided in ORS 197.305 to 197.315, the commission shall review upon:
* * * *
"(b) Petition by a city, county, special district governing body, or state agency, a land conservation and development action taken by a state agency, city, county or special district that the governing body or state agency considers to be in conflict with state-wide planning goals approved under ORS 197.240.”
The dispute between these parties centers on whether the issuance of these building permits was a "land conservation and development action” as that term is used
in the statute. The parties have analyzed the statutes and case law and argued both sides of the question of whether the issuance of building permits
in general
is a land conservation and development action. We believe, however, that the issue presented here is much narrower.
The particular facts here present a situation in which building permits were issued for parcels in an area of rural forest land which is undeveloped,
which has not been zoned and which is not subject to an acknowledged comprehensive plan. The only prior land use decision which has arguably been made regarding these parcels is the recording of the plat, which occurred in 1957. Petitioners argue that the recording of the plat entitles the landowner to use the land for what was obviously the intended purpose, given the lot sizes, at the time the plat was recorded,
viz.,
for residential purposes.
There is, however, no such entitlement. The county could adopt a comprehensive plan and zoning ordinances designating the permissible uses of the land without regard to the fact that there was a plat recorded in 1957. In
Pohrman v. Klamath County Comm.,
25 Or App 613, 550 P2d 1236 (1976), we held that, even assuming that a subdivision is an existing use,
"[z]oning is not merely a catalog of existing uses; it is a legislative judgment based on numerous standards about what future uses of property will, or will not, be in the public interest. There is no such thing as a 'right’ to have a zone conform to an existing use.” 25 Or App at 619.
It is true that ORS 215.130(5) provides that:
"(5) The lawful use of any building, structure or land at the time of the enactment or amendment of any zoning ordinance or regulation may be continued. * * *”
However, platted but undeveloped land is not normally regarded as a "use” in zoning law for purposes of establishing a prior non-conforming use.
Parks v. Tillamook Co. Comm./Spliid,
11 Or App 177, 196, 501 P2d 85 (1972). The landowners, therefore, have no absolute right to make the
particular use of the parcel involved here which they wish to make.
See League of Women Voters v. Paulus,
287 or 509, 601 P2d 763 (1979);
Pohrman v. Klamath County Comm., supra.
Although the land in question has been platted, the county had made no binding decisions as to the permitted uses of that land until the issuance of these building permits.
Construction of the three houses allowed by these building permits would, however, commit those three parcels to residential use and would inevitably have a substantial impact on future decisions regarding construction in the subdivision.
We stated in
Culver v. Dagg,
20 Or App 647, 653, 532 P2d 1127 (1975), that "Zoning determines the permissible uses of land.” Although building permits may generally be used to
enforce
zoning ordinances,
see Parks v. Tillamook Co. Comm./Spliid, supra,
where, as here, there is no zoning in effect, the issuance of building permits determines the permissible uses of land for which no previous decisions as to use have been made. In this context, then, the issuance of a building permit is a "land conservation and development action” and LCDC was correct in asserting jurisdiction to review the issuance of the permits for compliance with the state-wide planning goals.
THE MERITS
On the merits, LCDC found that two issues had been raised: (1) whether the county’s findings adequately
supported its decision to issue the permits; and (2) whether the findings are supported by substantial evidence in view of the fact that the county failed to subject the applications to a public hearing. LCDC found the building permits were invalid because the county’s "procedures, administrative record and findings were legally inadequate.”
The parties stipulated before LCDC that no public notice was given in advance of the county’s proceedings on the permit applications. An informal hearing was conducted before the County Commissioners in which the attorney for the permit applicant answered questions. There was no formal presentation of evidence. The one opponent of the permits who was present was allowed to ask some questions. We find these procedures inadequate.
Petitioners argue that the issuance of building permits is a ministerial function that does not require the procedures for the performance of quasi-judicial functions. Although the issuance of building permits might, under other circumstances, be a ministerial act,
see Parks v. Tillamook Co. Comm./Spliid, supra,
where, as here, the issuance of a building permit is in fact a zoning decision, more than a ministerial function in involved.
Although this action by the county is not actually a
change
of zoning, like that held to be quasi-judicial in
Fasano v. Washington Co. Comm.,
264 Or 574, 507 P2d 23 (1973), it fits more closely with the exercise of quasi-judicial than legislative authority.
See Neuberger v. City of Portland,
288 Or 155, 603 P2d 771 (1979);
Strawberry Hill 4-Wheelers v. Benton Co. Bd. of Comm.,
287 Or 591, 601 P2d 769 (1979). Procedures which provide the kind of opportunity to be heard, to present and rebut evidence, to an impartial tribunal and to a record made and adequate findings executed, required for the exercise of quasi-judicial functions,
see Fasano v. Washington Co. Comm., supra,
were necessary before issuance of these building permits by the county. Those procedures were not provided. LCDC was entitled to conclude that the county’s procedures were inadequate and that, for that reason, the issuance of the building permits must be invalidated.
Affirmed.