Current through Register Vol. 63, No. 9, September 1, 2024
(1) For projects identified by ODOT pursuant
to OAR chapter 731, division 15, project development shall occur in the manner
set forth in that division.
(2)
Regional TSPs shall provide for coordinated project development among affected
local governments. The process shall include:
(a) Designation of a lead agency to prepare
and coordinate project development;
(b) A process for citizen involvement,
including public notice and hearing, if project development involves land use
decision-making. The process shall include notice to affected transportation
facility and service providers, MPOs, and ODOT;
(c) A process for developing and adopting
findings of compliance with applicable statewide planning goals, if any. This
shall include a process to allow amendments to acknowledged comprehensive plans
where such amendments are necessary to accommodate the project; and
(d) A process for developing and adopting
findings of compliance with applicable acknowledged comprehensive plan policies
and land use regulations of individual local governments, if any. This shall
include a process to allow amendments to acknowledged comprehensive plans or
land use regulations where such amendments are necessary to accommodate the
project.
(3) Project
development addresses how a transportation facility or improvement authorized
in a TSP is designed and constructed. This may or may not require land use
decision-making. The focus of project development is project implementation,
e.g. alignment, preliminary design and mitigation of impacts. During project
development, projects authorized in an acknowledged TSP shall not be subject to
further justification with regard to their need, mode, function, or general
location. For purposes of this section, a project is authorized in a TSP where
the TSP makes decisions about transportation need, mode, function and general
location for the facility or improvement as required by this division.
(a) Project development does not involve land
use decision-making to the extent that it involves transportation facilities,
services or improvements identified in OAR 660-012-0045(1)(a); the application
of uniform road improvement design standards and other uniformly accepted
engineering design standards and practices that are applied during project
implementation; procedures and standards for right-of-way acquisition as set
forth in the Oregon Revised Statutes; or the application of local, state or
federal rules and regulations that are not a part of the local government's
land use regulations.
(b) Project
development involves land use decision-making to the extent that issues of
compliance with applicable requirements requiring interpretation or the
exercise of policy or legal discretion or judgment remain outstanding at the
project development phase. These requirements may include, but are not limited
to, regulations protecting or regulating development within floodways and other
hazard areas, identified Goal 5 resource areas, estuarine and coastal shoreland
areas, and the Willamette River Greenway, and local regulations establishing
land use standards or processes for selecting specific alignments. They also
may include transportation improvements required to comply with ORS
215.296 or 660-012-0065(5). When
project development involves land use decision-making, all unresolved issues of
compliance with applicable acknowledged comprehensive plan policies and land
use regulations shall be addressed and findings of compliance adopted prior to
project approval.
(c) To the extent
compliance with local requirements has already been determined during
transportation system planning, including adoption of a refinement plan,
affected local governments may rely on and reference the earlier findings of
compliance with applicable standards.
(4) Except as provided in section (1) of this
rule, where an Environmental Impact Statement (EIS) is prepared pursuant to the
National Environmental Policy Act of 1969, project development shall be
coordinated with the preparation of the EIS. All unresolved issues of
compliance with applicable acknowledged comprehensive plan policies and land
use regulations shall be addressed and findings of compliance adopted prior to
issuance of the Final EIS.
(5) If a
local government decides not to build a project authorized by the TSP, it must
evaluate whether the needs that the project would serve could otherwise be
satisfied in a manner consistent with the TSP. If identified needs cannot be
met consistent with the TSP, the local government shall initiate a plan
amendment to change the TSP or the comprehensive plan to assure that there is
an adequate transportation system to meet transportation needs.
(6) Transportation project development may be
done concurrently with preparation of the TSP or a refinement plan
Stat. Auth.: ORS 183 &
197.040
Stats. Implemented: ORS
195.025,
197.040,
197.230,
197.245,
197.712197.717
