Current through Register Vol. 63, No. 3, March 1, 2024
(1) This rule applies to cities and counties
in the Portland Metropolitan Area, and Metro. In the Portland Metropolitan
Area, cities and counties shall develop and adopt local transportation system
plans as provided in OAR 660-012-0100. Metro shall develop and adopt a regional
transportation system plan as provided in this rule.
(2) Cities and counties shall amend
comprehensive plans, land use regulations, and transportation system plans to
be consistent with Metro's regional transportation system plan. Consistent
means city and county comprehensive plans and implementing ordinances conform
with the policies and projects in the regional transportation system plan. If
Metro finds a local transportation system plan is consistent with the Regional
Transportation Functional Plan, the transportation system plan shall be deemed
consistent with the regional transportation system plan.
(3) Metro shall prepare, adopt, amend, and
update a regional transportation system plan in coordination the with regional
transportation plan required by federal law. Insofar as possible, the regional
transportation system plan shall be accomplished through a single coordinated
process that complies with the applicable requirements of federal law and this
division.
(a) When Metro adopts or amends the
regional transportation plan to comply with this division as provided in this
section, Metro shall review the adopted plan or amendment and either:
(A) Adopt findings that the proposed regional
transportation plan amendment or update is consistent with the applicable
provisions of adopted regional transportation system plan and compliant with
applicable provisions of this division; or
(B) Adopt amendments to the regional
transportation system plan that make the regional transportation plan
consistent and compliant with applicable provisions of this division. Necessary
plan amendments or updates shall be prepared and adopted in coordination with
the federally-required plan update or amendment. Such amendments shall be
initiated no later than 30 days from the adoption of the regional
transportation plan amendment or update and shall be adopted no later than one
year from the adoption of the regional transportation plan amendment or update
or according to a work program approved by the commission. A plan amendment is
initiated for purposes of this subsection where the affected local government
files a post-acknowledgement plan amendment notice with the department as
provided in OAR 660-018-0020.
(b) Adoption or amendment of the regional
transportation plan relates to compliance with this division for purposes of
this section if it does one or more of the following:
(A) Changes plan policies;
(B) Adds or deletes a project from the list
of planned transportation facilities, services, or improvements or from the
financially-constrained project list required by federal law;
(C) Modifies the general location of a
planned transportation facility or improvement;
(D) Changes the functional classification of
a transportation facility; or
(E)
Changes the planning period or adopts or modifies the population or employment
forecast or allocation upon which the plan is based.
(c) The following amendments to the regional
transportation plan do not relate to compliance with this division for purposes
of this section:
(A) Adoption of an air
quality conformity determination;
(B) Changes to a federal revenue
projection;
(C) Changes to
estimated cost of a planned transportation project; or
(D) Deletion of a project from the list of
planned projects where the project has been constructed or completed.
(4) Notwithstanding any
requirement in this division, Metro may adopt provisions into a regional
functional plan that require cities and counties to meet an additional
requirement for transportation system planning where Metro finds that the
additional requirement is necessary to meet regional planning objectives and
supports the purposes of this division.
(5) Notwithstanding requirements for
transportation system plans provided in OAR 660-012-0100 through OAR
660-012-0110:
(a) Metro shall work
cooperatively with cities and counties to determine responsibility for planning
areas in the urbanizable area. Where a county has responsibility for a planning
area, the county must meet the requirements as provided for counties in OAR
660-012-0110;
(b) Counties planning
for unincorporated areas within the urban growth boundary shall meet all
applicable requirements based on the population of the planning area;
(c) Counties and cities need not have the
same planning horizon year; and
(d)
Cities or counties may set the horizon year of a local transportation system
plan to match the horizon year of the adopted regional transportation
plan.
(6)
Notwithstanding requirements for transportation system inventories as provided
in OAR 660-012-0150, Metro shall prescribe inventory requirements in
transportation system plans for cities and counties in a regional functional
plan.
(7) Metro may propose
alternative requirements in lieu of requirements provided in this division.
(a) The director shall review proposed
alternative requirements to make a recommendation to the commission as to
whether the proposed alternative requirements would meet the objectives of the
original requirements and support the purposes of this division.
(b) The commission shall hold a hearing to
review the proposed alternative requirements and the director's recommendation.
If the commission finds that the proposed alternative requirements meet the
objectives of the original requirements and support the purposes of this
division, then the commission shall issue an order approving the proposed
alternative requirements; otherwise, the commission shall remand the proposed
alternative requirements to Metro with specific directions for changes needed
to meet the objectives of the original requirement and support the purposes of
this division.
(c) Upon approval by
the commission, Metro may adopt the proposed alternative requirements into a
regional functional plan. Upon adoption by Metro, cities and counties that
comply with the alternative requirements of the regional functional plan are no
longer required to meet the specific requirements of this division as described
in the commission order.
Statutory/Other Authority: ORS
197.040
Statutes/Other Implemented: ORS
184.899, ORS
197.012, ORS
197.274, ORS
197.301 & ORS
197.712
