In many cases, once a land use decision has been issued, it can be appealed to a higher review authority at the City. You can find information on the application types that can be appealed and who reviews the appeal in Salem Revised Code Chapter 300. This information can also be found at the bottom of the land use decision in question. Please note that for applications that were not subject to public notice and review, an opportunity to appeal, if provided, is limited to the applicant.

Standing to Appeal

Before you file an appeal, you should confirm that you have standing to appeal the decision. Standing means that you are within a specific category that has been determined to be possibly affected by the land use decision. The following people or organizations may have standing to appeal specific land use decisions:

• The applicant always has standing to appeal the decision on their application request.
• The recognized neighborhood association usually has standing.
• Often times, property owners, tenants and residents within 250 feet of the subject property have standing.
• Sometimes, community members who have heard about the case and submitted written or oral testimony also have the standing to appeal.

If you are unsure if you have standing to appeal a land use decision, please contact the assigned case manager or the Planning Administrator.

Appeal period

An appeal period of 15 days is provided for land use decisions that can be appealed; the appeal period always ends at 5:00 p.m. on the 15^th day. The appeal deadline will be listed on the land use decision. It is best not to wait until the last day to file your appeal to ensure that the appeal and the payment is received on time. Appeals filed after the deadline, or not paid for within the deadline, will be rejected by the Planning Administrator.

Filing an Appeal

The following items are required to file an appeal:

• Submit a Land Use Appeal Application. The case being appealed, the details of the person or organization filing the appeal, and the signature of all appellants is required.
• Submit a statement detailing the reason for the appeal. The statement should detail how the application is not meeting the applicable criteria for that case type.
• Pay the fee. The appeal fee must be paid prior to the end of the appeal period for the appeal to be valid. A fee of $250 is charged for an appeal; however, recognized neighborhood associations are not required to pay the filing fee.

Once you have the required items, you can submit the Land Use Appeal Application and pay the fee in person at the Permit Application Center (City Hall, Room 320), or you can submit via email to the Planning Division (planning@cityofsalem.net). If you submit via email, a planner will reply with details of how to pay the appeal fee online through the Permit Application Center Portal.

Appeal to LUBA

Under Salem Revised Code Chapter 300, appeals may be heard by the Hearings Officer, the Historic Landmark Commission, the Planning Commission, and the City Council. The appeal authority can for a specific case type can be found in SRC Table 300-2. Once a decision on an appeal has been issued by the relevant review authority, no other appeals may be heard by the City.

That final land use decision can be appealed to the Land Use Board of Appeals (LUBA). LUBA hears and rules on appeals of land use decisions made by local governments and special districts. LUBA consists of three Board Members; they are attorneys who are experts in land use planning law and are appointed by the Governor. LUBA is the only forum that can hear appeals of local land use decisions. There is a 21-day appeal period on final land use decisions that may be appealed to LUBA. Questions on how to submit an appeal to LUBA, including fees and process, should be directed to LUBA.