Current through Register Vol. 63, No. 9, September 1, 2024
(1)
The Department shall attempt to prevent disputes over land-use-related issues
through early and frequent coordination with local governments.
(2) Land use disputes as described in OAR
690-005-0015(6)(b) which involve water use approvals identified in OAR
690-005-0025(1) and (7) shall be:
(a)
Recognized through the information submittal requirements and comment and
protest opportunities of ORS Chapter 537; and
(b) Subject to the procedures of section (3)
through (7) of this rule to the extent practical under the timelines and
processes established in ORS Chapter 537.
(3) Except as described in section (2) of
this rule, for any other land use dispute as described in OAR
690-005-0015(6)(b), the Department shall notify any affected Department
applicant of the dispute and provide the following in writing to the planning
director, other planning official, or the governing body of the affected local
government:
(a) Reasons for the Department's
proposed action;
(b) Those
statutes, rules or land use planning goals authorizing the Department's
action;
(c) Alternatives to the
Department's action or modifications of the proposed action, if any, which
would result in compatibility;
(d)
A proposal to discuss and resolve the dispute; and
(e) A request that the planning director,
other planning official, or the governing body of the affected local government
provide the Department with written information relating to the land use
dispute. The written information shall be submitted to the Department within 30
days, unless otherwise specified by the Director, and shall describe:
(A) The specific Department action which
would not be compatible with an acknowledged comprehensive plan;
(B) Comprehensive plan policies or
provisions, or land use regulations which the planning director, other planning
official, or the local governing body believe specifically apply to and
preclude the Department action;
(C)
General provisions, purposes, or objectives in the comprehensive plan which
would be substantially affected by the Department action; and
(D) Changes or alternatives to the
Department's action that would result in compatibility.
(4) Based on the results of
activities described in sections (1) and (2) of this rule, the Department shall
consider, and undertake as appropriate, one or more of the following to satisfy
compatibility requirements and the Department's statutory mandates:
(a) Select an alternative action, including
taking no action;
(b) Modify the
proposed action to achieve compatibility;
(c) Apply for local land use approvals,
including plan and land use regulation amendments, and explain why periodic
review is not available to or sufficient for the Department in proposing the
action;
(d) Appeal denial of local
land use approvals to the appropriate bodies;
(e) Request necessary comprehensive plan
amendments during periodic review;
(f) Request informal LCDC mediation, if
subsections (3)(a) through (e) of this rule do not resolve the dispute;
or
(g) Request formal LCDC
determination of compatibility as provided in OAR 660-030-0070(7), if
subsections (3)(a) through (e) of this rule do not resolve the
dispute.
(5) If actions
described in section (3) of this rule do not resolve the dispute, the
Commission shall:
(a) Select an alternative
action, including taking no action;
(b) Modify the action to achieve
compatibility;
(c) Proceed with the
action, adopting written findings which include the following:
(A) A description of the dispute and measures
taken in attempting to resolve the dispute;
(B) A citation of those statutes and specific
statewide planning goal requirements compelling the Department to take the
disputed action; and
(C) A
statement explaining how the action fulfills statutory obligations and complies
with statewide land use planning goals.
(d) Inform the affected local government, any
affected Department applicant, and the Department of Land Conservation and
Development of the action taken, transmitting copies of any findings made under
section (4)(c) of this rule.
(6) In the event of a land use dispute as
provided in OAR 690-0050-015(6)(c), the Department shall:
(a) Notify the planning departments of
affected local governments in writing of the conflict between a local action
and Department policies, plans, or programs; and
(b) Cite the statutes and rules which apply
to, or are substantially affected by, the local action;
(c) Suggest modifications or alternatives to
the local action which would conform to Department policies, plans, or
programs; and
(d) Offer to schedule
discussions with the appropriate local planning official to resolve the
dispute.
(7) If
procedures described in section (5) of this rule do not resolve the dispute,
the Department may:
(a) Request LCDC mediation
or enforcement;
(b) Pursue local
government conformance with Department policies, plans, or programs by:
(A) Applying for comprehensive plan
amendments;
(B) Participating in
periodic review; or
(C) Applying
the provisions of ORS
536.360 through
536.400.
Stat. Auth.: ORS
197.180, ORS
536.025 & ORS
536.027
Stats. Implemented: ORS 197 & ORS 536 - ORS
543
