CITY OF HOOD RIVER
LAND USE APPLICATION INSTRUCTIONS
& TIMELINE
1. Review Required: The attached application is required by the Hood River Municipal Code
(“Code”) for review of your proposed development. Review is required to make sure that your
proposal complies with the applicable provisions of the Code and that there are adequate
capacities of public facilities to meet the needs of your development.
2. Pre-Application Conference: Prior to submitting your application, you may be required to attend
a pre-application conference with city staff to discuss applicable standards and criteria of the
Code, and submittal requirements to make your application complete. Pre-application
conferences typically are scheduled approximately 4 weeks after submittal of an application and
fee. You also may be required to conduct a neighborhood meeting (mandatory for subdivisions
and PUDs).
3. Application Submittal: Applications may be mailed or submitted in person to the City of Hood
River Planning Department at City Hall, 211 2
nd
Street, Hood River, OR 97031. The following
must be included in your application packet:
Completed application form with property owner signature
All required materials listed in the application form
Application fee
Electronic copy of application materials (original .pdf, not scanned) and three (3)
paper copies of application and all support materials
It is the applicant’s responsibility to demonstrate the proposal meets standards & approval criteria.
4. Completeness Review (30 days): Upon submittal, your application will be reviewed for
completeness within 30 days. Completeness is based upon the requirements of State law (ORS
227.178) and the requirements in the Code for your development proposal. It is the applicant’s
responsibility to provide written findings and materials to demonstrate the application complies
with the applicable approval criteria and standards.
5. Incomplete Applications (> 30 days): If the Planning Department determines that your
application is “incomplete,” you will be informed in writing and provided with a list of missing or
incomplete materials and options for completing the application. Refusal to submit all or some of
the missing information could limit the city’s ability to approve your application. Incomplete
applications become void 181 days after submittal (ORS 227.178).
6. Complete Applications: If the Planning Department staff determines that an application is
“complete,” you will be informed in writing and the review process will begin.
7. Review Process (120 days): Review of your application may be administrative, with no public
hearing, or it may be quasi-judicial, with a public hearing. For quasi-judicial review, applicants
are required to attend the public hearing. Notice of the application or public hearing will be
mailed to neighboring property owners for comment.
8. Decision: A decision with findings and conditions of approval will be issued after a public
comment period and public hearing (if applicable). All land use decisions are subject to an
appeal process. A final decision is expected within 120 days after an application is deemed
complete pursuant to ORS 227.178.
If you have questions about this process, please call the Planning Department at (541) 387-5210.
Application forms, the City’s Code and other useful information are available at the Planning
Department’s website: http://ci.hood-river.or.us/planning
File No.: ______________________
Fee: _________________________
Date Submitted: ________________
CITY OF HOOD RIVER
STREET VACATION APPLICATION
Street Vacation Information Sheet
ABUTTING AND AFFECTED PROPERTY OWNER INFORMATION:
The written consent of all abutting property owners and the owners of not less than two-thirds in
area of the real property affected thereby is required. See ORS 271.080(2) attached for the
definition of the “real property affected thereby.
The name, address, map and tax lot number, and signature of all of the abutting property owners
and not less than 2/3 of the affected property owners are required. This form will be Exhibit B of
your Vacation Petition.
MAP REQUIREMENTS:
You must include a map showing the street proposed to be vacated. This map will be Exhibit A to
your Vacation Petition. The map accompanying the application shall include the following
information (maps must contain all required information for the application to be complete):
1. location and dimension of street proposed to be vacated;
2. all abutting and affected properties;
3. location and dimensions of driveways and public and private streets and alleys;
4. location of streams, wetlands, steep slopes and other significant natural features;
5. existing fences and walls; and
6. any other information deemed necessary by the City Recorder for ensuring complianc
e
w
ith city codes.
VACATION PETITION (See ORS 271.080-271.120):
You must complete the attached Vacation Petition and submit it with this application. If the City
Recorder determines that your Vacation Petition is sufficient and the application complete, she will
notify you of the time and date at which the Vacation Petition will be presented to the City Council.
If the City Council determines that there is no reason why the Petition should not be allowed in
whole or in part, the Council will direct the City Recorder to schedule the matter for public hearing.
The C
ity Recorder will notify you of the Council’s determination. If the matter is to be set for
hearing, you will be required at that time to pay a deposit to the City Recorder to cover the
publishing, posting, and other administrative expenses pursuant to ORS 271.110(3).
HEARING PROCEDURE:
Concurrent with the procedure set forth above regarding the Vacation Petition and if the Council
directs the vacation to be set for public hearing, the vacation will first be heard by the City Planning
Commission as a quasi-judicial action under HRMC Chapter 17.09 (see below). The Planning
Commission will make a recommendation to the City Council as to whether the Vacation Petition
should be granted or denied. The City Council will make the final decision.
APPLICATION FEES:
In addition to the deposit for costs described above, a non-refundable application fee is required to
be submitted as part of a complete application.
File No.: ______________________
Fee: _________________________
Date Submitted: ________________
CITY OF HOOD RIVER
STREET VACATION APPLICATION
Submit the completed application form with three (3) complete paper copies including full-
and reduced sized plans, one electronic copy (original .pdf) and appropriate fees to the
City of Hood River Planning Department, 211 2
nd
St., Hood River, OR 97031. Additional
paper copies may be required as determined by staff. If you have any questions, please contact
the Planning Department at (541) 387-5210.
APPLICANT:
Name:
Address:
(physical)
(mailing)
(email)
Telephone:
Cell Phone:
Signature:
STREET INFORMATION:
Township
Range
Section
Tax Lot(s)
Street Location (name and cross streets)
click to sign
signature
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BEFORE THE CITY COUNCIL OF THE CITY OF HOOD RIVER
In the matter of the vacation
)
Of a portion or all of
)
VACATION PETITION
street / avenue
)
Pursuant to ORS 271.080, the undersigned petitioner(s) request the City Council of the
City of Hood River to vacate that portion of street / avenue
described on the attached Exhibit A. (Attach a map showing proposed portion of street
to be vacated).
The purpose for which the vacated ground is proposed to used is:
The reason for the vacation is:
The consents of all abutting owners are attached on Exhibit B. The consents of the
owners of not less than two-thirds in area of the real property affected by this vacation
are also attached on Exhibit B. (See ORS 271.080(2) to determine the real property
affected by the vacation).
Petitioner(s):
(Signature)
(Signature)
Name:
Name:
Address:
Address:
Attach: Exhibit A map
Exhibit B consents of abutting and affected property owners
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signature
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signature
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Exhibit B
Consent of Abutting and Affected Property Owners
By executing this document, we, the owners of all the property abutting on that portion
of Street / Avenue to be vacated as described in the
petition, consent to the vacation of such ground.
Name of abutting owner:
Signature:
Address:
Printed Name:
Description of abutting lot:
Township
Range
Section
Tax Lot(s)
Name of abutting owner:
Signature:
Address:
Printed Name:
Description of abutting lot:
Township
Range
Section
Tax Lot(s)
Name of abutting owner:
Signature:
Address:
Printed Name:
Description of abutting lot:
Township
Range
Section
Tax Lot(s)
Name of abutting owner:
Signature:
Address:
Printed Name:
Description of abutting lot:
Township
Range
Section
Tax Lot(s)
Name of abutting owner:
Signature:
Address:
Printed Name:
Description of abutting lot:
Township
Range
Section
Tax Lot(s)
Per ORS 271.130(3)
I certify that all City liens and all taxes have been paid on the lands to be vacated.
______________ ______________________________
Date City Recorder for the City of Hood River
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signature
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signature
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signature
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signature
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signature
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APPROVAL CRITERIA: .HOOD RIVER MUNICIPAL CODE
17.09.040 QUASI-JUDICIAL ACTIONS
A. Quasi-Judicial Action means an action which applies general standards and criteria to a
specific set of facts in order to determine the conformance of the facts to the applicable
criteria which results in a determination that will directly affect a small number of
identifiable persons and that involves the exercise of discretion.
B. Q
uasi-Judicial Actions. The Commission and Council, on appeal, shall each have the
authority to review and approve, approve with conditions, or deny applications processed
as quasi-judicial planning actions. All quasi-judicial actions shall be reviewed through the
public hearing process described in Public Hearings of this Chapter, and ORS.
C. Decision Types: Quasi-judicial actions include, but are not limited to, the following:
1. Quasi-Judicial Site Plan Review
2. Conditional Use Permits
3. Variances
4. Non-Conforming Uses
5. Subdivisions
6. Zone Changes
D. S
taff Report. The Director shall prepare a staff report for each quasi-judicial action which
identifies the criteria and standards which apply to the application and summarizes the
basic findings of fact. The staff report may also include a recommendation for approval,
approval with conditions, or denial.
E. Q
uasi-Judicial Public Hearings.
1. Complete applications for quasi-judicial planning actions shall be heard at
a
r
egularly scheduled meeting of the hearing body within 45 days from the date t
he
appl
ication is deemed complete.
2. Hearing on applications for quasi-judicial actions shall be conducted per the
procedures in Public Hearings.
3. Unless otherwise ordered by the hearing body, the Director shall schedule
complete applications for quasi-judicial actions in the order in which they are filed.
4. The hearings body shall hold at least one public hearing on a complete application.
5. The applicant has the burden of proof to show why the application complies wit
h
t
he applicable criteria or can be made to comply through applicable conditions.
6. The applicant shall attend the prescribed public hearing for the quasi-judicial
action, unless otherwise authorized by the hearing body.
F. N
otice of Hearing. At least 20 days before a scheduled quasi-judicial public hearing,
notice of the hearing shall be mailed to:
1. The applicant and owners of property within 250 feet of the subject property. The
list shall be compiled from the last available complete property tax assessment roll.
2. Any affected governmental agency, department, or public district within, or
adjacent to, whose boundaries include the subject property lies.
3. T
he notice shall:
a. Explain the nature of the application and the proposed use or uses which
could be authorized.
b. Set forth the street address or other easily understood geographical
references to the subject property.
c. State that failure to raise an issue in writing within the comment period, or
failure to provide statements or evidence sufficient to afford the decision
maker an opportunity to respond to the issue, precludes appeal to LUBA on
the issue.
d. List by commonly used citation the applicable criteria for the decision.
e. State the place, date, and time of the hearing.
f. State that a copy of the application, all documents and evidence relied
upon by the applicant, and all applicable criteria are available for inspection
at no cost and will be provided at a reasonable cost.
g. State that a copy of the staff report will be available for inspection at no cost
and will be provided at a reasonable cost at least seven days prior to t
he
hear
ing.
h. Include the name and telephone number of the planning staff to contact for
additional information.
i. Include a general explanation of the requirements for submission of
testimony and procedure for conduct of hearings.
4. T
he failure of a property owner to receive actual notice as provided in this Section
shall not invalidate the proceedings if the Department can show that the notice was
given pursuant to this section.
G. D
ecision on Quasi-Judicial Actions. The decision of the hearing body shall be set forth
in writing and signed by the presiding officer. The written decision shall be based upon
and accompanied by a brief statement that includes:
1. An explanation of the criteria and standards considered relevant to the decision.
2. A statement of basic facts relied upon in rendering the decision.
3. Facts, which explain and justify the reason for the decision based on the criteria,
standards and basic facts set forth.
H. Fi
nal Decision. The approval, approval with conditions, or denial of a quasi-judicial action
shall be a final decision, subject to appeal as provided in this chapter.
I. N
otice of Decision. Decision notice shall be mailed to the applicant and all participating
parties within five working days of the date the decision is signed. The decision notice
shall include the following:
1. The date of decision.
2. A brief description of the action taken.
3. The place where, and time when the decision may be reviewed.
4. An explanation of appeal rights and requirements.
J. D
ate of Final Decision. The date that a decision on a quasi-judicial action is considered
final is the date notice of the decision is mailed to the applicant and parties of record.
K. A
ppeal.
1. Commission decisions on quasi-judicial actions may be appealed to the
Council, per the provisions of Appeal Procedures, within 12 days of t
he
dat
e the decision became final.
A Council decision on appeal may be further appealed to LUBA in accordance with the appeal
procedures in ORS Chapter 197, within 21 days of the date the decision became final.
17.
09.100 CRITERIA FOR APPROVAL
The burden of proof shall be upon the applicant seeking approval. The more drastic the change
or the greater the proposal or the greater the impact of the proposal in an area, the greater the
burden is upon the applicant.
17.09.110 RESTRICTIONS
The hearing body may include restrictions and conditions as part of any approval. The purpose of
the restrictions and conditions may be to:
A. Protect the public from the potentially negative effects of the proposal;
B. Fulfill the need for public services created or increased by the proposal; and/or
C. Further the purposes of the Comprehensive Plan and Zoning Ordinance.
OREGON REVISED STATUTES
VACATION
271.080 Vacation in incorporated cities; petition; consent of property owners. (1) Whenever any
person interested in any real property in an incorporated city in this state desires to vacate all or part of
any street, avenue, boulevard, alley, plat, public square or other public place, such person may file a
petition therefor setting forth a description of the ground proposed to be vacated, the purpose for which
the ground is proposed to be used and the reason for such vacation.
(2) There shall be appended to such petition, as a part thereof and as a basis for granting the same, the
consent of the owners of all abutting property and of not less than two-thirds in area of the real property
affected thereby. The real property affected thereby shall be deemed to be the land lying on either side of
the street or portion thereof proposed to be vacated and extending laterally to the next street that serves as
a parallel street, but in any case not to exceed 200 feet, and the land for a like lateral distance on either
side of the street for 400 feet along its course beyond each terminus of the part proposed to be vacated.
Where a street is proposed to be vacated to its termini, the land embraced in an extension of the street for
a distance of 400 feet beyond each terminus shall also be counted. In the vacation of any plat or part
thereof the consent of the owner or owners of two-thirds in area of the property embraced within such plat
or part thereof proposed to be vacated shall be sufficient, except where such vacation embraces street
area, when, as to such street area the above requirements shall also apply. The consent of the owners of
the required amount of property shall be in writing. [Amended by 1999 c.866 §2]
271.090 Filing of petition; notice. The petition shall be presented to the city recorder or other
recording officer of the city. If found by the recorder to be sufficient, the recorder shall file it and inform
at least one of the petitioners when the petition will come before the city governing body. A failure to
give such information shall not be in any respect a lack of jurisdiction for the governing body to proceed
on the petition.
271.100 Action by council. The city governing body may deny the petition after notice to the
petitioners of such proposed action, but if there appears to be no reason why the petition should not be
allowed in whole or
in part, the governing body shall fix a time for a formal hearing upon the petition.
271.110 Notice of hearing. (1) The city recorder or other recording officer of the city shall give
notice of the petition and hearing by publishing a notice in the city official newspaper once each week for
two consecutive weeks prior to the hearing. If no newspaper is published in such city, written notice of
the petition and hearing shall be posted in three of the most public places in the city. The notices shall
describe the ground covered by the petition, give the date it was filed, the name of at least one of the
petitioners and the date when the petition, and any objection or remonstrance, which may be made in
writing and filed with the recording officer of the city prior to the time of hearing, will be heard and
considered.
(2) Within five days after the first day of publication of the notice the city recording officer shall
cause to be posted at or near each end of the proposed vacation a copy of the notice which shall be
headed, “Notice of Street Vacation,” “Notice of Plat Vacation” or “Notice of Plat and Street Vacation,” as
the case may be; the notice shall be posted in at least two conspicuous places in the proposed vacation
area. The posting and first day of publication of such notice shall be not less than 14 days before the
hearing.
(3) The city recording officer shall, before publishing such notice, obtain from the petitioners a sum
sufficient to cover the cost of publication, posting and other anticipated expenses. The city recording
officer shall hold the sum so obtained until the actual cost has been ascertained, when the amount of the
cost shall be paid into the city treasury and any surplus refunded to the depositor. [Amended by 1991
c.629 §1]
271.120 Hearing; determination. At the time fixed by the governing body for hearing the petition
and any objections filed thereto or at any postponement or continuance of such matter, the governing
body shall hear the petition and objections and shall determine whether the consent of the owners of the
requisite area has been obtained, whether notice has been duly given and whether the public interest will
be prejudiced by the vacation of such plat or street or parts thereof. If such matters are determined in
favor of the petition the governing body shall by ordinance make such determination a matter of record
and vacate such plat or street; otherwise it shall deny the petition. The governing body may, upon hearing,
grant the petition in part and deny it in part, and make such reservations, or either, as appear to be for the
public interest.
271.130 Vacation on council’s own motion; appeal. (1) The city governing body may initiate
vacation proceedings authorized by ORS 271.080 and make such vacation without a petition or consent of
property owners. Notice shall be given as provided by ORS 271.110, but such vacation shall not be made
before the date set for hearing, nor if the owners of a majority of the area affected, computed on the basis
provided in ORS 271.080, object in writing thereto, nor shall any street area be vacated without the
consent of the owners of the abutting property if the vacation will substantially affect the market value of
such property, unless the city governing body provides for paying damages. Provision for paying such
damages may be made by a local assessment, or in such other manner as the city charter may provide.
(2) Two or more streets, alleys, avenues and boulevards, or parts thereof, may be joined in one
proceeding, provided they intersect or are adjacent and parallel to each other.
(3) No ordinance for the vacation of all or part of a plat shall be passed by the governing body until
the city recording officer has filed in the office of the city recording officer or indorsed on the petition for
such vacation a certificate showing that all city liens and all taxes have been paid on the lands covered by
the plat or portion thereof to be vacated.
(4) Any property owner affected by the order of vacation or the order awarding damages or benefits
in such vacation proceedings may appeal to the circuit court of the county where such city is situated in
the manner provided by the city charter. If the charter does not provide for such appeal, the appeal shall
be taken within the time and in substantially the manner provided for taking an appeal from justice court
in civil cases. [Amended by 1995 c.658 §101]
271.140 Title to vacated areas. The title to the street or other public area vacated shall attach to the
lands bordering on such area in equal portions; except that where the area has been originally dedicated
by different persons and the fee title to such area has not been otherwise disposed of, original boundary
lines shall be adhered to and the street area which lies on each side of such boundary line shall attach to
the abutting property on such side. If a public square is vacated the title thereto shall vest in the city.
[Amended by 1981 c.153 §58]
271.150 Vacation records to be filed; costs. A certified copy of the ordinance vacating any street or
plat area and any map, plat or other record in regard thereto which may be required or provided for by
law, shall be filed for record with the county clerk. The petitioner for such vacation shall bear the
recording cost and the cost of preparing and filing the certified copy of the ordinance and map. A certified
copy of any such ordinance shall be filed with the county assessor and county surveyor.
271.160 Vacations for purposes of rededication. No street shall be vacated upon the petition of any
person when it is proposed to replat or rededicate all or part of any street in lieu of the original unless
such petition is accompanied by a plat showing the proposed manner of replatting or rededicating. If the
proposed manner of replatting or rededicating or any modification thereof which may subsequently be
made meets with the approval of the city governing body, it shall require a suitable guarantee to be given
for the carrying out of such replatting or rededication or may make any vacation conditional or to take
effect only upon the consummation of such replatting or rededication.
271.170 Nature and operation of statutes. The provisions of ORS 271.080 to 271.160 are
alternative to the provisions of the charter of any incorporated city and nothing contained in those statutes
shall in anywise affect or impair the charter or other provisions of such cities for the preservation of
public access to and from transportation terminals and navigable waters.
271.180 Vacations in municipalities included in port districts; petition; power of common
council; vacating street along railroad easement. To the end that adequate facilities for terminal
trackage, structures and the instrumentalities of commerce and transportation may be provided in cities
and towns located within or forming a part of any port district organized as a municipal corporation in this
state, the governing body of such cities and towns, upon the petition of any such port, or corporation
empowered to own or operate a railroad, steamship or other transportation terminal, or railroad company
entering or operating within such city or town, or owner of property abutting any such terminal, may:
(1) Authorize any port commission, dock commission, common carrier, railroad company or terminal
company to occupy, by any structure, trackage or machinery facilitating or necessary to travel,
transportation or distribution, any street or public property, or parts thereof, within such city or town,
upon such reasonable terms and conditions as the city or town may impose.
(2) Vacate the whole or any part of any street, alley, common or public place, with such restrictions
and upon such conditions as the city governing body may deem reasonable and for the public good.
(3) If any railroad company owns or has an exclusive easement upon a definite strip within or along
any public street, alley, common or public place, and if the city governing body determines such action to
be to the advantage of the public, vacate the street area between the strip so occupied by the railroad
company and one property line opposite thereto, condition that the railroad company dedicates for street
purposes such portion of such exclusive strip occupied by it as the city governing body may determine
upon, and moves its tracks and facilities therefrom onto the street area so vacated. The right and title of
the railroad company in the vacated area shall be of the same character as previously owned by it in the
exclusive strip which it is required by the city governing body to surrender and dedicate to street
purposes.
271.190 Consent of owners of adjoining property; other required approval. No vacation of all or
part of a street, alley, common or public place shall take place under ORS 271.180 unless the consent of
the persons owning the property immediately adjoining that part of the street or alley to be vacated is
obtained thereto in writing and filed with the auditor or clerk of the city or town. No vacation shall be
made of any street, alley, public place or part thereof, if within 5,000 feet of the harbor or pierhead line of
the port, unless the port commission, or other bodies having jurisdiction over docks and wharves in the
port district involved, approves the proposed vacation in writing.
271.200 P
etition; notice. (1) Before any street, alley, common or public place or any part thereof is
vacated, or other right granted by any city governing body under ORS 271.180 to 271.210 the applicant
must petition the governing body of the city or town involved, setting forth the particular circumstances
of the case, giving a definite description of the property sought to be vacated, or of the right, use or
occupancy sought to be obtained, and the names of the persons to be particularly affected thereby. The
petition shall be filed with the auditor or clerk of the city or town involved 30 days previous to the taking
of any action thereon by the city governing body.
(2) Notice of the pendency of the petition, containing a description of the area sought to be vacated or
right, use or occupancy sought to be obtained, shall be published at least once each week for three
successive weeks prior to expiration of such 30-day period in a newspaper of general circulation in the
county wherein the city or town is located.
271.210
Hearing; grant of petition. Hearing upon the petition shall be had by the city governing
body at its next regular meeting following the expiration of 30 days from the filing of the petition. At that
time objections to the granting of the whole or any part of the petition shall be duly heard and considered
by the governing body, which shall thereupon, or at any later time to which the hearing is postponed or
adjourned, pass by a majority vote an ordinance setting forth the property to be vacated, or other rights,
occupancy or use to be thereby granted. Upon the expiration of 30 days from the passage of the ordinance
and the approval thereof by the mayor of the city or town, the ordinance shall be in full force and effect.
271.220 Filing of objections; waiver. All objections to the petition shall be filed with the clerk or
auditor of the city or town within 30 days from the filing of the petition, and if not so filed shall be
conclusively presumed to have been waived. The regularity, validity and correctness of the proceedings of
the city governing body pursuant to ORS 271.180 to 271.210, shall be conclusive in all things on all
parties, and cannot in any manner be contested in any proceeding whatsoever by any person not filing
written objections within the time provided in this section.
271.230
Records of vacations; fees. (1) If any town or plat of any city or town is vacated by a county
court or municipal authority of any city or town, the vacation order or ordinance shall be recorded in the
deed records of the county. Whenever a vacation order or ordinance is so recorded, the county surveyor of
such county shall, upon a copy of the plat that is certified by the county clerk, trace or shade with
permanent ink in such manner as to denote that portion so vacated, and shall make the notation “Vacated”
upon such copy of the plat, giving the book and page of the deed record in which the order or ordinance is
recorded. Corrections or changes shall not be allowed on the original plat once it is recorded with the
county clerk.
(2) For recording in the county deed records, the county clerk shall collect the same fee as for
recording a deed. For the services of the county surveyor for marking the record upon the copy of the plat,
the county clerk shall collect a fee as set by ordinance of the county governing body to be paid by the
county clerk to the county surveyor. [Amended by 1971 c.621 §31; 1975 c.607 §31; 1977 c.488 §2; 1979
c.833 §30; 1999 c.710 §12; 2001 c.173 §5]