Oregon Administrative Rules
Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT
Division 35 - FEDERAL CONSISTENCY
Section 660-035-0030 - Consistency for Federal Agency Activities
Current through Register Vol. 63, No. 3, March 1, 2024
(1) When reviewing a federal agency activity or development project for consistency to the maximum extent practicable with the enforceable policies of the OCMP, the department shall conform to the requirements and procedures provided in 15 CFR Part 930, Subpart C.
(2) For review of a consistency determination submitted by a federal agency for a federal agency activity or federal development project, the federal agency must submit to the department the information described in 15 CFR § 930.39(a).
(3) The department shall provide for public participation consistent with the provisions of 15 CFR § 930.42. The department will:
(4) Evidence supporting consistency for a federal agency activity or development project: Federal agencies are not required to file applications for state and local permits and other authorizations unless required to do so by provisions of federal law other than the CZMA. However, federal agencies are required to demonstrate that the proposed activity is consistent to the maximum extent practicable with the applicable state and local enforceable policies underlying the permits. While federal agencies are not required to apply for state and local permits and other authorizations otherwise required by enforceable policies, where federal law authorizes a federal agency to do so the department will consider such applications when determining whether the federal activity or development project is consistent with the enforceable policies underlying the permit or authorization.
Publications: Publications referenced are available from the agency.
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 196.435