Oregon Administrative Rules
Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT
Division 31 - STATE PERMIT COMPLIANCE AND COMPATIBILITY
Section 660-031-0026 - Compliance and Compatibility Review Procedures for Class A and B Permits
Universal Citation: OR Admin Rules 660-031-0026
Current through Register Vol. 63, No. 9, September 1, 2024
State Agency Coordination Agreements shall describe the process the agency will use to assure that permit approvals are in compliance with Statewide Planning Goals and compatible with Acknowledged Comprehensive Plans:
(1) Class A Permits: In their review of Class A permits state agencies shall:
(a) Include in the notice for the proposed
permit a statement that the proposed activity and use are being reviewed for
compliance with the Statewide Planning Goals and compatibility with the
Acknowledged Comprehensive Plan as part of the permit review;
(b) Insure that the notice for the proposed
permit is distributed to the affected city(ies) or county(ies) and its citizen
advisory committee;
(c) When there
is a public hearing on a proposed permit, consider testimony on compliance of
the proposed activity and use with the Statewide Planning Goals and compatible
with the Acknowledged Comprehensive Plan;
(d)
(A)
Based on comments received from the public and other agencies, determine
whether or not the proposed permit complies with the Statewide Planning Goals
and is compatible with the Acknowledged Comprehensive Plan;
(B) If a state agency's existing process for
administration of Class A permits is substantially equivalent to the process
required by this section, the agency may request LCDC approval of its existing
process as described in its agency coordination agreement.
(2) Class B Permits: In accordance with OAR 660-031-0020 and 660-031-0035(2), the review process shall assure either:
(a) That prior to permit issuance, the
agency determines that the proposed activity and use are in compliance with
Statewide Planning Goals and compatible with the applicable Acknowledged
Comprehensive Plan; or
(b) That the
applicant is informed that:
(A) Issuance of
the permit is not a finding of compliance with the Statewide Planning Goals and
compatibility with the Acknowledged Comprehensive Plan, and
(B) The applicant must receive a land use
approval from the affected local government. The affected local government must
include a determination of compliance with the Statewide Planning Goals or
compatibility with the Acknowledged Comprehensive Plan which must be supported
by written findings as required in ORS
215.416(6) or
227.173(2).
Findings for an activity or use addressed by the acknowledged comprehensive
plan in accordance with OAR 660-031-0020, may simply reference the specific
plan policies, criteria, or standards which were relied upon in rendering the
decision and state why the decision is justified based on the plan policies,
criteria or standards.
Stat. Auth.: ORS 197
Stats. Implemented: ORS 197.180
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