Or. Admin. Code § 736-070-0040

Current through Register Vol. 63, No. 12, December 1, 2024

Section 736-070-0040 - Compliance with the Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations

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.

Or. Admin. Code § 736-070-0040

PR 3-1991, f. & cert. ef. 3-8-91

Stat. Auth.: ORS 197

Stats. Implemented: ORS 197.180