Or. Admin. Code § 141-095-0010

Current through Register Vol. 63, No. 10, October 1, 2024

Section 141-095-0010 - Definitions

For the purposes of this division, the definitions contained in ORS 197.015, 273.006 and 274.005 shall apply. In addition, the following definitions shall apply:

(1) "Acknowledgment" means that a local government comprehensive plan and land use regulations, land use regulation or plan or regulation amendment complies with the statewide planning goals.

(2) "Board" means the State Land Board consisting of the Governor of Oregon, State Treasurer and Secretary of State.

(3) "Certification" is an order issued by the Land Conservation and Development Commission finding that a state agency's coordination program satisfies the requirements of ORS 197.180(3)(a)-(d) and OAR 660-030.

(4) "Commission" means the Land Conservation and Development Commission (LCDC). The staff of LCDC is the Department of Land Conservation and Development (DLCD).

(5) "Compatibility with Comprehensive Plans" as used in ORS 197.180 means that a state agency has taken actions pursuant to OAR 660-030-0070, including following procedures in its coordination program where certified, and there are no remaining land use conflicts between the adoption, amendment or implementation of the agency's land use program and an acknowledged comprehensive plan.

(6) "Compliance with the Goals" means that a state agency's land use programs and actions must comply with the applicable requirements of the statewide planning goals pursuant to OAR 660-030-0065.

(7) "Consistency with Comprehensive Plans" shall have the same meaning as the term "compatibility" as provided in section (5) of this rule and OAR 660-030-0070.

(8) "Coordination" as used in ORS 197.015(5) means the needs of all levels of government, semipublic and private agencies and the citizens of the State of Oregon have been considered and accommodated as much as possible.

(9) "Department" means the Department of State Lands (DSL).

(10) "Director" means the director of the Department of State Lands

(11) "Goals" or "Statewide Planning Goals" means the mandatory statewide planning standards adopted by the Land Conservation and Development Commission pursuant to ORS chapters 195, 196 and 197.

(12) "Rules and Programs Affecting Land Use" or "State Agency Land Programs":

(a) Are a state agency's rules and programs which are:

(A) Specifically referenced in the statewide planning goals; or

(B) Reasonably expected to have significant effects on:

(i) Resources, objectives or areas identified in the statewide planning goals; or

(ii) Present or future land use identified in acknowledged comprehensive plans.

(b) Do not include state agency rules and programs, including any specific activities or functions which occur under the rules and programs listed in paragraph (12)(a)(A) of this rule, if:

(A) An applicable statute, constitutional provision or appellate court decision expressly exempts the requirement of compliance with the statewide goals and compatibility with acknowledged comprehensive plans; or

(B) The rule, program, or activity is not reasonably expected to have a significant effect on:

(i) Resources, objectives or areas identified in the statewide goals; or

(ii) Present or future land uses identified in acknowledged comprehensive plans; or

(C) A state agency transfers or acquires ownership or an interest in real property without making any changes in the use or area of the property. Action concurrent with or subsequent to a change of ownership that will affect land use or the area of the property is subject to either the statewide goals or applicable city or county land use regulations.

(c) A final determination of whether or not an agency program affects land use will be made by the Commission pursuant to ORS 197.180 and OAR Chapter 660, Division 030.

(13) "State Agency Coordination Program" or "SAC Program" is the program adopted by a state agency and submitted to the Department of Land Conservation and Development pursuant to ORS 197.180(3)(a)-(d) and OAR 660-030.

Or. Admin. Code § 141-095-0010

DSL 3-2006, f. & cert. ef. 7-13-06

Publications: Publications referenced are available from the agency.

Stat. Auth.: ORS 196, 197, 273, 274

Stats. Implemented: ORS 196, 197.180, 273, 274