Current through Register Vol. 63, No. 12, December 1, 2024
(1) In order to
approve or undertake a capital construction project, capital improvement
project, property development project or land acquisition project under the
Administrative Services Program, the Department shall find that the project
complies with and is compatible with acknowledged city and county comprehensive
plans and land use regulations. To make its compatibility findings, the
Department shall comply with the following procedures:
(a) The Department shall make application for
local government approval of a Department project where necessary. A Department
decision to proceed with a project or action shall not be made until either of
the following two procedures are completed:
(A) A copy of the local land use permit or
equivalent documentation is acquired from the applicable local governing body
or its designee that the proposed project or action has received land use
approval is attached to the preliminary plan; or
(B) A letter or some other form of
verification is acquired from the applicable local governing body or its
designee stating that the proposed project or action is permitted under the
jurisdiction's comprehensive plan but does not require specific land use
approval.
(b) Final
project plans will be developed after the local government approval required
above has been obtained. The final project plans shall incorporate the
conditions established by the local governing body for final
approval.
(2) The
Department shall satisfy its plan compatibility findings for a capital
construction project, capital improvement project, property development project
or land acquisition project approved under the Administrative Services Program
in the Salem metropolitan area and subject to the jurisdiction of the Capitol
Planning Commission (CPC) by adhering to the CPC's land use coordination rules
in OAR chapter 110, division 10, and the procedure contained in the CPC's
certified State Agency Coordination Program.
(3) An applicant seeking approval to locate
non-forest uses or facilities such as radio towers, microwave sites, radio
repeater buildings on state-owned forest land (under the management of the
Department) shall provide information to the Department assuring the proposed
project is in compliance with the statewide planning goals and is compatible
with any applicable comprehensive plans and land use regulations. Such
documentation shall be submitted to the Department prior to Department approval
and shall include:
(a) A copy of the local
land use permit or equivalent documentation from the applicable local governing
body or its designee stating that the proposed project or action has received
land use approval; or
(b) A letter
or some other form of verification from the applicable local governing body or
its designee stating that the proposed project or action is permitted under the
jurisdiction's comprehensive plan but does not require specific land use
approval.
(4) The
Department will assure that the State Forest Management Program is compatible
with acknowledged city and county comprehensive plans and land use regulations.
The elements of the State Forest Land Management Program that affect land use
include:
(a) Land use designations;
(b) Plans (long range plans, block plans,
annual operation plans and transportation plans);
(c) Land acquisition, sale or
exchange;
(d) Other forest uses
(forest uses not regulated by the Forest Practices Act, such as recreation,
wildlife uses, etc.) and non-forest uses (sale of rock, sand, gravel, pumice
and other such material from the lands, powerlines, reservoirs,
etc.);
(e) State lands within urban
growth boundaries (subject to local government regulation of forest
practices).
(5) In order
to achieve compatibility with acknowledged comprehensive plans and land use
regulations for county trust lands and other forest lands managed pursuant to
ORS 530.010 to
530.290 by the Board of Forestry
through the State Forest Management Program, and Common School Forest Lands
managed by the Board of Forestry through the Department's State Forest
Management Program pursuant to ORS
530.450 et seq., the Department
shall adhere to the following procedures:
(a)
Land Use Designations:
(A) When land use
classifications are updated, the District Forester will review state forest
land use designations with affected local government and request their comment
on the compatibility of the land use designations with the comprehensive
plan;
(B) If a conflict or issue is
raised by local government with regard to the compatibility of the land use
designations, the dispute resolution process described under OAR
629-020-0050 will be
followed.
(b) Plans:
(A) The District Forester will notify local
government that a state forest plan is being developed and request their review
and comment on the compatibility of the draft plan with the comprehensive
plan;
(B) If a conflict or issue is
raised by local government with regard to the compatibility of the state forest
plan, the dispute resolution process described under OAR
629-020-0050 will be
followed.
(c) Land
Acquisition, Sale and Exchange:
(A) Prior to
completing land acquisitions, sales or exchanges, the appropriate District
Forester will provide copies of the proposal to the appropriate local
government for their review, comment and input;
(B) Requirements for the acquisition of land
in ORS 530.010 (Board of Forestry
Lands), procedures for the exchange of land in ORS
530.040 (Board of Forestry
Lands), and procedures for the exchange of land in ORS
530.510 (Common School Forest
Lands) will be followed. ORS
530.010 requires that the Board
shall not acquire land without prior approval, duly made and entered, of the
county court or board of county commissioners of the county in which the lands
are situated. ORS 530.040 requires that land
exchanges between counties be similarly approved as the acquisition of land in
ORS 539.010. Additionally, before
making any exchanges, the Board of Forestry shall hold a hearing at the
courthouse of the county in which the lands are situated and provide notice of
the hearings in an appropriate newspaper. ORS
530.510 requires that the county
court or board of county commissioners of the county, or counties, in which
such land is situated, shall approve such exchanges, and only after their
approval shall the exchange be consummated;
(C) If a conflict or issue is raised by local
government with regard to the compatibility of the acquisition, sale or
exchange, the dispute resolution process described under OAR
629-020-0050 will be
followed.
(d) Other
Forest Uses and Non-Forest Uses:
(A)
Procedures outlined in subsections (5)(a) and (b) of this rule for assuring the
compatibility of land use designations and plans will be followed to assure the
compatibility of other forest uses with acknowledged comprehensive
plans;
(B) Prior to approving
non-forest uses on state forest lands, the District Forester will provide
copies of the proposal to the appropriate local government for their review,
comment and input on the compatibility of the proposed use with the
comprehensive plan;
(C) If a
conflict or issue is raised by local government with regard to the
compatibility of the other forest use or non-forest use, the dispute resolution
process described under OAR
629-020-0050 will be
followed.
(e) State
forest lands within urban growth boundaries (subject to local government
regulation of forest practices):
(A) If state
forest lands are currently within an urban growth boundary, the Department,
through the local District Forester, will encourage the local government to
appropriately adjust their urban growth boundary to place the state forest
lands outside the urban growth boundary. Failing that, the District Forester
will encourage the local government to adopt and enforce regulations on forest
operations that are consistent with the Oregon Forest Practices Act;
(B) If a local government decides to amend
their urban growth boundary to encompass state forest land, the local District
Forester will consult with the local government to determine their reasons for
the urban growth boundary amendment. The Department will not support such
amendments, unless the local government provides substantial convincing
evidence consistent with Goal 14 and Goal 2 that is supportive of the
amendment;
(C) Prior to commencing
any forest operations within a urban growth boundary, the District Forester
will consult with the appropriate local government to determine if forest
operations are regulated by the local government. If forest operations are
regulated, then the District Forester will ensure that a copy of the local land
use permit or equivalent documentation is acquired from the applicable local
governing body or its designee that the proposed forest operation has received
land use approval.
Stat. Auth.: ORS 197
Stats. Implemented: ORS 197 & ORS
530.010 - ORS
530.290