Current through Register Vol. 63, No. 9, September 1, 2024
(1) Except as provided in section (5) of this
rule, Commission or Department actions taken pursuant to a program identified
in OAR
690-005-0025 shall
be compatible with acknowledged comprehensive plans.
(2) The Department shall satisfy section (1)
of this rule by applying:
(a) Provisions in
the rule divisions identified in OAR 690-005-0025;
(b) Provisions of OAR 660-030-0070;
(c) Provisions of OAR 660-031-0026 and OAR
660-031-0035; or
(d) Procedures of
the Department's Land Use Planning Procedures Guide.
(3) For water use approvals identified in OAR
690-005-0025(1) through
(6), the Commission or Department shall
satisfy compatibility requirements of ORS
197.180 by informing applicants
that:
(a) The Department's issuance of a
permit or other approval is not a finding of land use compatibility;
and
(b) A land use approval may be
required from the affected local government.
(4) In processing water use approvals in OAR
690-005-0025(1) through
(6), the Department or Commission shall:
(a) Require land use information be submitted
with applications or requests, or as otherwise specified prior to taking action
on the water use approval. The information shall be sufficient to assess
compatibility as specified on forms contained in the department's Land Use
Planning Procedures Guide;
(b)
Except as provided in subsection (4)(c) of this rule, the Department or
Commission shall only approve the proposed water use if:
(A) All requirements of statutes and rules
governing Commission and Department actions are met;
(B) The land use served by the proposed water
use is allowed outright or does not require discretionary land use approvals
under the applicable comprehensive plan; or
(C) The applicant has already received
necessary land use approvals for the land use served by the proposed water
use.
(c) If local land
use approvals are pending, place conditions on a permit or other approval to
preclude use of water and any associated construction until the applicant
obtains all required local land use approvals; or, withhold issuance of the
water use permit or approval until the applicant obtains all required local
land use approvals. The approval is allowed only if the use meets requirements
in paragraph (4)(b)(A) of this rule. The Department may consider withholding
water use approvals upon request by a local or state agency, or the applicant,
or as otherwise warranted to serve the Department's needs; and
(d) Not issue water use approvals, except
when taking action pursuant to section (5) of this rule if:
(A) The land use served by the proposed water
use is not allowed by the comprehensive plan and the applicant is not pursuing
necessary local land use approvals to the satisfaction of the planning
department of the affected local government; or
(B) The land use served by the proposed water
use is not allowed by the comprehensive plan and local approvals have already
been denied.
(5) If the Commission or Department finds it
necessary to take an action which is incompatible with an acknowledged
comprehensive plan in order to meet statutory obligations, the dispute
resolution procedures identified in OAR
690-005-0040 shall be implemented prior to taking such action.
Stat. Auth.: ORS 197 & ORS 536
Stats. Implemented: ORS 197 & ORS
536
