Current through Register Vol. 63, No. 9, September 1, 2024
(1) The local
government must conduct an evaluation of its plan and land use regulations
based on the periodic review conditions in ORS
197.628 and OAR 660-025-0070.
The local evaluation process must comply with the following requirements:
(a) The local government must follow its
citizen involvement program and the requirements of OAR 660-025-0080 for
conducting the evaluation and determining the scope of a work program.
(b) The local government must
provide opportunities for participation by the department and Periodic Review
Assistance Team. The local government must consider issues related to
coordination between local government comprehensive plan provisions and
certified state agency coordination programs that are raised by the affected
agency or Periodic Review Assistance Team.
(c) The local government may provide
opportunities for participation by the Regional Solutions Team.
(d) At least 21 days before submitting the
evaluation and work program, or decision that no work program is required, the
local government must provide copies of the evaluation to members of the
Periodic Review Assistance Team, if formed, and others who have, in writing,
requested copies.
(e) After review
of comments from interested persons, the local government must adopt an
evaluation and work program or decision that no work program is required.
(2) The local
government must submit the evaluation and work program, or decision that no
work program is required, to the department according to the following
requirements:
(a) The evaluation must include
completed evaluation forms that are appropriate to the jurisdiction as
determined by the director. Evaluation forms will be based on the
jurisdiction's size, growth rate, geographic location, and other factors that
relate to the planning situation at the time of periodic review. Issues related
to coordination between local government comprehensive plan provisions and
certified agency coordination programs may be included in evaluation forms.
(b) The local government must also
submit to the department a list of persons who requested notice of the
evaluation and work program or decision that no work program is required.
(c) The evaluation and work
program, or decision that no work program is necessary, must be submitted
within six months of the date the department sent the letter initiating the
periodic review process, including any extension granted under section (3) of
this rule.
(3) A local
government may request an extension of time for submitting its evaluation and
work program, or decision that no work program is required. The director may
grant the request if the local government shows good cause for the extension. A
local government may be permitted only one extension, which shall be for no
more than 90 days.
(4) A decision
by the director to deny a request for an extension may be appealed to the
commission according to the procedures in OAR 660-025-0110(5), or the director
may refer a request for extension under section (3) of this rule to the
commission pursuant to OAR 660-025-0085.
(5) If a local government fails to submit its
evaluation and work program, or decision that no work program is necessary, by
the deadline set by the director or the commission, including any extension,
the director shall schedule a hearing before the commission according to OAR
660-025-0170(3).
Stat. Auth.: ORS
197.040 &
197.633
Stats. Implemented: ORS
197.628 -
197.646
