Oregon Administrative Rules
Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT
Division 30 - REVIEW AND APPROVAL OF STATE AGENCY COORDINATION PROGRAMS
Section 660-030-0085 - Local Government Reliance on State Agency Land Use Programs
Universal Citation: OR Admin Rules 660-030-0085
Current through Register Vol. 63, No. 9, September 1, 2024
(1) As an alternative method for achieving compliance, a local government may rely on a state agency land use program for the purpose of meeting one or more statewide goals or individual goal requirements.
(2) A local government's decision to rely on a certified agency land use program after the effective date of the amendments to this division must satisfy all of the following conditions:
(a) The affected comprehensive plan must be
acknowledged and shall:
(A) Identify the
specific goals or goal requirements the local government wishes to comply with
through reliance on the certified agency's land use program;
(B) Identify through plan policy the
particular certified state agency land use program which will be relied on to
comply with the goal requirements listed in paragraph (2)(a)(A) of this
rule;
(C) Document in the plan that
the Commission has expressly certified the agency's land use program as
sufficient to satisfy the goal requirement's listed under paragraph (2)(a)(A)
of this rule without supplemental regulation by the affected local government;
(D) Delete or otherwise remove any
conflicting provisions of the comprehensive plan and land use regulations which
are being replaced by reliance on the certified state agency's program; and
(E) Adopt mandatory plan policies
which commit the local government to amend its acknowledged comprehensive plan
as necessary in the event that a future change or deletion of an agency land
use program no longer enables the local government to continue to rely on the
certified agency's program for compliance with the goals. The local government
shall take action under this subsection upon written notification from the
Department following a determination made under OAR 660-030-0075 that the
agency's program can no longer be relied upon for goal compliance by the local
government;
(b) In
advance of making a formal request under subsection (2)(c) of this rule, a
local government shall notify in writing the applicable state agency of its
intent to rely on the agency's land use program for compliance with the goals;
and
(c) The local government shall
incorporate the items referenced under subsection (2)(a) of this rule into the
acknowledged comprehensive plan either through the post-acknowledgment plan
amendment procedure or through periodic review as required by ORS
197.610 -
197.650 and OAR chapter 660,
divisions 18 and 19, respectively.
(3) A local government's decision to rely on an uncertified agency land use program after the effective date of the amendments to this division must satisfy all of the following conditions:
(a) the affected comprehensive plan must be
unacknowledged for the geographic area which the local government intends the
agency's program to address;
(b)
The comprehensive plan shall:
(A) Identify the
specific goals or goal requirements the local government wishes to comply with
through reliance on the uncertified agency's program;
(B) Identify through plan policy the
particular uncertified state agency program which will be relied on to comply
with the goal requirements listed in paragraph (3)(b)(A) of this
rule;
(C) Contain adopted findings
of fact and a statement of reasons which demonstrate that the agency's program
does comply with the goal requirement(s) identified under paragraph (3)(b)(A)
of this rule and the agency's program is at least equivalent to what the local
government would otherwise provide to comply with the goal(s);
(D) Delete or otherwise remove any
conflicting provisions of the comprehensive plan and land use regulations which
are being replaced by reliance on the uncertified state agency's program;
and
(E) Adopt mandatory plan
policies which commit the local government to amend its comprehensive plan as
necessary in the event that the local government is no longer able to rely on
the agency's program for compliance as a result of:
(i) A change or deletion of the agency's
program prior to certification by the Commission;
(ii) Certification of the agency's program
pursuant to this division; or
(iii)
Receipt of written notice from the Department following a determination under
OAR 660-030-0075 that the agency's program can no longer be relied upon for
goal compliance by local government.
(c) In advance of submitting its
acknowledgment request to the Commission for compliance as provided under
section (3) of this rule, a local government shall notify in writing the
applicable state agency of its intent to rely on the agency's uncertified
program for compliance with the goals.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 197.040 & ORS 197.180
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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