Or. Admin. Code § 660-030-0005

Current through Register Vol. 63, No. 11, November 1, 2024

Section 660-030-0005 - Definitions

For the purpose of this division, the definitions in ORS 197.015 and the following definitions shall apply:

(1) "Acknowledged Comprehensive Plan" means a comprehensive plan and land use regulations or plan or regulation amendment which complies with the goals as provided in ORS 197.251, 197.625 and 197.626 through 197.650.

(2) "Rules and Programs Affecting Land Use":

(a) Are state agency's rules and programs (hereafter referred to as "land use 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 uses 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 (2)(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 change 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 rule or program affects land use will be made by the Commission pursuant to ORS 197.180 and OAR chapter 660, division 30.

(3) "Agency Coordination Program" is the submittal made by a state agency to the Department pursuant to ORS 197.180(2)(a)-(d) and OAR 660-030-0060.

(4) "Certification" is an order issued by the Commission which finds that a state agency's coordination program satisfies the requirements of ORS 197.180(2)(a)-(d) and OAR chapter 660, division 30.

(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 the state agency land use programs and actions must comply with the applicable requirements of the statewide planning goals as provided in OAR 660-030-0065.

(7) "Agency Consistency with Comprehensive Plans" as used in Statewide Goal 2 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) "Commission" means the State Land Conservation and Development Commission.

(10) "Department" means the Department of Land Conservation and Development.

(11) "Director" means the Director of Land Conservation and Development.

(12) "Goals" means the mandatory statewide planning standards adopted by the Commission pursuant to ORS 197.005 to 197.855.

Or. Admin. Code § 660-030-0005

LCD 12, f. & ef. 10-14-77; LCDC 6-1982, f. & ef. 7-22-82; LCDC 5-1986, f. & ef. 12-24-86; LCDD 3-2004, f. & cert. ef. 5-7-04

Stat. Auth.: ORS 183 & 197

Stats. Implemented: ORS 197.040 & 197.180