Or. Admin. Code § 738-130-0075

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

Section 738-130-0075 - Coordination Procedures for Adopting Plans for Class 2 Projects Determined to Significantly Affect Land Use

The procedures in this section shall be followed when the Department determines that a Class 2 project would significantly affect land use in accordance with OAR 731-130-0035.

(1) Planning officials of affected cities and counties shall be contacted at the start of project planning to identify any possible compliance or compatibility conflicts and ways to avoiding conflicts.

(2) The Department shall attempt to avoid any identified compliance or compatibility conflicts as it develops its plans.

(3) Planning officials of affected cities and counties shall be requested to review preliminary final plans to identify whether any local land use approvals are needed and whether any of the acknowledged comprehensive plan's general provisions would be substantially affected. If no local planning approvals are required and if the plan's general provisions would not be substantially affected the Department shall conclude that the project is compatible. If no comments are received from an affected local jurisdiction within 15 days of the Department's request for a compatibility determination, the Department shall deem that the preliminary project plans are compatible with the acknowledged comprehensive plan for that jurisdiction. The Department may extend the reply time if requested to do so by an affected city or county.

(4) If any local planning approvals are required the Department shall either modify its project plans so as to not require approvals, or shall apply for the necessary approvals.

(5) If the affected city or county does not grant approval, the Department may:

(a) Modify the project plans so as to not require approval;

(b) Discontinue further work on the project; or

(c) Appeal the city or county decision.

(6) The Department shall obtain local planning approvals prior to construction of the project.

Or. Admin. Code § 738-130-0075

AVIA 2-2015, f. & cert. ef. 7/28/2015

Stat. Auth.: ORS 835.035 & 835.112

Stats. Implemented: ORS 197.180