Or. Admin. Code § 690-005-0015

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

Section 690-005-0015 - Definitions

For the purposes of OAR 690-005-0010 through 690-005-0060:

(1) "Affected Local Government" means a local government, as defined in section (9) of this rule, which is directly impacted by and specified in a proposed Department action; meanings specific to programs identified in OAR 690-005-0025 are defined in the rule divisions for those programs.

(2) "Commission" means the Water Resources Commission.

(3) "Department" means the Water Resources Department.

(4) "Director" means the Director of the Water Resources Department.

(5) "Land Use Approval" means a final decision or determination made by a local government that concerns the adoption, amendment, or application of: the goals; a comprehensive plan provision; implementing ordinance; or a new land use regulation. A land use approval does not include ministerial decisions of local governments (i.e., building permits) for which no right to hearing is provided. A land use approval is final when all corresponding appeal periods have expired.

(6) "Land Use Dispute" means a disagreement between the Department and a local government regarding plans, programs, policies, actions, or other matters relating to land use which exists after the Department has:

(a) Applied appropriate provisions of:

(A) OAR 690-005-0030 (Compliance with Statewide Planning Goals);

(B) OAR 690-005-0035 (Compatibility with Acknowledged Comprehensive Plans); and

(C) Rules identified in OAR 690-005-0025.

(b) Been informed by the planning director, other planning official or governing body of a local government, that the adoption, amendment, or implementation of a proposed Department land use program activity would not be allowable under, or would conflict with the policies or provisions of an acknowledged comprehensive plan; or

(c) Determined that the adoption, amendment, or implementation of a local government comprehensive plan does not conform to the Commission's state water resources policy, would harm existing rights, or would otherwise impair the public interest in water resources.

(7) "Land Use Planning Procedures Guide" means the non-rule text submitted by the Department as part of its SAC Program. This guide establishes criteria for the determination of land use programs and procedures for assuring comprehensive plan compatibility and coordinating with local governments.

(8) "Land Use Program" means an agency rule or program affecting land use, as defined by OAR 660-030-0005(2) and OAR 660-031-0012(2)(f), and determined using criteria established in the Department's certified state agency coordination program.

(9) "Local Government" means any city, county or metropolitan service district formed under ORS Chapter 268 or an association of local governments performing land use planning functions under ORS 197.190.

(10) "Planning Department" means a local government department responsible for land use planning and the preparation, maintenance, and implementation of comprehensive plans.

(11) "Planning Director" means the director of a local government planning department, an appropriate designee, or other local government official responsible for carrying out land use planning functions.

(12) "Special Districts" means any unit of local government, other than a city, county, metropolitan service district formed under ORS Chapter 268 or an association of local governments performing land use planning functions under ORS 197.190 authorized and regulated by statute and includes, but is not limited to: Water control districts, domestic water associations and water cooperatives, irrigation districts, port districts, regional air quality control authorities, fire districts, school districts, hospital districts, mass transit districts and sanitary districts. For the purposes of this rule, water use authorities formed under ORS 450.660 are considered special districts.

(13) "State Agency Coordination Program" means the submittal made by the Department to the Department of Land Conservation and Development pursuant to ORS 197.180(2)(a) - (d) and OAR Chapter 660, Division 30. The Commission's state agency coordination program consists of:

(a) Rules in this division;

(b) Rules identified or pertaining to programs listed in OAR 690-005-0025 and adopted pursuant to ORS 197.180; and

(c) The Department's Land Use Planning Procedures Guide.

(14) "Statewide Planning Goals" or "Goals" means the mandatory statewide standards adopted by the Land Conservation and Development Commission pursuant to ORS Chapters 196 and 197.

Or. Admin. Code § 690-005-0015

WRD 12-1990, f. & cert. ef. 8-8-90

Stat. Auth.: ORS 197 & ORS 536

Stats. Implemented: ORS 197 & ORS 536