Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 32 - LAND USE COORDINATION
Section 291-032-0070 - Dispute Resolution

(1) It is the intent of the Department to achieve compatibility between Department land use programs and acknowledged comprehensive plans and land use regulations, whenever possible. However, a situation may occur where the Department believes its statutory mandates, including but not limited to ORS Chapter 421 (Department of Corrections Institutions) and 423 (Corrections Administration and Programs), may prevent the Department from meeting its land use compatibility responsibility under 197.180.

(2) The Department shall attempt to resolve all land use disputes, including conflicting statutory obligations, by direct contact with the affected cities and counties. Whenever possible, Department efforts to avoid and resolve potential land conflicts concerning a specific use or action shall be conducted prior to and through local government land use proceedings. Such efforts may include Department participation in preapplication meetings and conflict resolution activities, and the provision of technical information and assistance to the affected local government(s).

(3) In the event the Department and a local government do not agree that a Department program or action is compatible with the applicable comprehensive plan and land use regulations, the Department will attempt to resolve the dispute though the following procedures:

(4) If the Department's statutory obligation remains in conflict, after exhausting the appropriate procedures in section (3) of this rule, and the Department determines that it must act, the Department shall adopt written findings explaining why it cannot act compatibly with applicable city or county comprehensive plans and land use regulation, and then adopt goal findings to assure compliance with statewide planning goals, in accordance with the Land Conservation and Development Commission rules.