Current through Register Vol. 63, No. 9, September 1, 2024
Prior to undertaking any land use action listed in OAR
736-070-0030, the Department
will use the following procedures:
(1)
Except where it is necessary for the Department to adopt direct findings of
compliance with the statewide planning goals, in the manner set forth in
section (4) of this rule, the Department shall achieve goal compliance by
acting compatibly with acknowledged comprehensive plans and land use
regulations.
(2) An action within a
land use program of the Department is considered by the Department to be in
compliance with the statewide planning goals, when such action is compatible
with the acknowledged comprehensive plan and land use regulations of the
applicable local governing body.
(3) The three types of compatibility
procedures to be used by the Department and the Department land use actions to
which they apply are as follows:
(a) Type I
Procedure:
(A) The Department shall apply for
and obtain the necessary local land use approvals or compatibility
determinations. If more than one local government has jurisdiction related to a
Department land use action, an approval or compatibility determination will be
requested from each affected local government;
(B) If the Department is informed by a local
government that a proposed Department land use action is or will be
incompatible with the affected comprehensive plan, the Department may withdraw
the proposal, modify the proposal to address the reasons for the
incompatibility, or initiate Department dispute resolution procedures as set
forth in OAR 736-070-0050;
(C) Department land use actions subject to
the Type I procedure are:
(i) Construction of
major developments or major park facilities;
(ii) Tree removal on Department property
within urban growth boundaries; and
(iii) Construction of Recreation Trails not
on Department property.
(b) Type II Procedure:
(A) The Department shall make its own
compatibility determination based on information and findings supplied by the
applicant(s) confirming that the affected local government(s) has determined
that the Department's land use action is compatible with the jurisdiction's
acknowledged comprehensive plan and land use regulations;
(B) If the Department is informed by the
applicant or the affected local government that the proposed Department land
use action is or will be incompatible with the affected comprehensive plan, the
Department will not process the application for the requested action;
(C) Department land use actions subject to
the Type II procedure are:
(i) Awarding of
federal Land and Water Conservation grants for major development projects;
and
(ii) Issuance of Ocean Shores
Development Permits.
(c) Type III Procedure:
(A) The Department shall provide written
notice to the affected local government(s) prior to approving the land use
actions subject to this procedure. The Department will presume that the
proposed action is compatible with the applicable comprehensive plan if no
response is received within the period of review established by the
Department's administrative rule governing land use action;
(B) If the Department is informed by a local
government that the Department's or applicant's proposed land use action is or
will be incompatible with the affected comprehensive plan, the Department may
withdraw the proposal, deny the proposed action, modify the proposal to address
the reasons for the incompatibility, or initiate Department dispute resolution
procedures as set forth in OAR
736-070-0050;
(C) Department land use actions subject to
the Type III procedure are:
(i) Adoption or
amendment of State Parks Master Plans;
(ii) Designation of State Recreation
Trails;
(iii) Adoption or amendment
of State Scenic Waterway management plans;
(iv) Issuance of State Archaeological
Excavation Permits; and
(v) Review
of development proposals within State Scenic Waterway
boundaries.
(4) In the event that that Department
pursuant to OAR 660-030-0065(3)
is required to adopt compliance direct findings to comply with any of the
statewide goals, the Department shall:
(a)
Identify the specific statewide planning goal(s) or goal requirements the
Department must address;
(b)
Consult directly with the affected jurisdiction(s);
(c) Request interpretive guidance from DLCD
and/or the Attorney General's office;
(d) Rely on any relevant Goal interpretations
for state agencies adopted by LCDC under OAR Chapter 660; and
(e) Adopt any necessary findings to assure
compliance with the statewide planning goals.
Stat. Auth.: ORS 197
Stats. Implemented: ORS
197.180
