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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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OREGON BUSINESS DEVELOPMENT DEPARTMENT

 

DIVISION 8

QUALITY DEVELOPMENT AND LAND USE COORDINATION

 

123-008-0005

Purpose and Scope

The Oregon Business Development Commission through the Oregon Business Development Department in accordance with this division of administrative rules has established policies and procedures for mandatory compatibility with Oregon's Planning Goals and associated land use plans and standards.

Stat. Auth.: ORS 285B.075(5) & 285A.075
Stats. Implemented: ORS 197.180, 285A & 285B
Hist.: EDD 9-1990, f. & cert. ef. 5-23-90; EDD 4-2003, f. & cert. ef. 3-26-03; EDD 21-2009, f. 11-30-09, cert. ef. 12-1-09

123-008-0010

Policy

It is the policy of the Oregon Business Development Department that prior to approving or undertaking projects or actions under an Applicable Program, as defined in OAR 123-008-0015, the Department shall take steps or have program procedures for accomplishing compliance and compatibility with Planning Goals, principally through the applicable acknowledged comprehensive plans and the land use regulations of local governments, in accordance with OAR chapter 660, division 030.

Stat. Auth.: ORS 285B.075(5) & 285A.075
Stats. Implemented: ORS 197.180, 285A & 285B
Hist.: EDD 9-1990, f. & cert. ef. 5-23-90; EDD 4-2003, f. & cert. ef. 3-26-03; EDD 21-2009, f. 11-30-09, cert. ef. 12-1-09

123-008-0015

Definitions

For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. For purposes of this division of administrative rules, unless the context demands otherwise:

(1) Applicable Programs mean those funds, incentives and other activities, powers and resources of the Department and the Commission that directly influence physical development on or to the landand will generally not include educational, marketing, technical assistance, funds for technical analysis or other similar programs.

(2) Planning Goals mean the mandatory statewide planning standards for land use as adopted by the Oregon Land Conservation and Development Commission under ORS Chapters 195, 196 and 197, and are available and may be obtained from the Oregon Department of Land Conservation and Development, 635 Capitol Street, NE, Suite 150, Salem, Oregon 97301-2540.

Stat. Auth.: ORS 285B.075(5) & 285A.075
Stats. Implemented: ORS 197.180, 285A & 285B
Hist.: EDD 9-1990, f. & cert. ef. 5-23-90; EDD 4-2003, f. & cert. ef. 3-26-03; EDD 21-2009, f. 11-30-09, cert. ef. 12-1-09

123-008-0020

Compliance with Planning Goals

(1) The Department shall achieve Planning Goal compliance whenever possible by taking actions that are compatible with the applicable acknowledged comprehensive plan of a county or city government and land use regulations of this state and local zone ordinances.

(2) However, if a situation arises that necessitates direct goal findings, because of potential or actual incompatibility under a local comprehensive plan or other reasons, as described in OAR 660-030-0065(3), the Department shall adhere to the following procedures, as formally as appropriate:

(a) Confirm that a situation exists requiring the Department to adopt direct goal findings of compliance with one or more of Planning Goals;

(b) Identify which Planning Goals or Goal requirements the Department must address;

(c) Consult directly with affected jurisdictions;

(d) Request interpretative guidance as needed from the Department of Land Conservation and Development or the Department of Justice;

(e) Rely on any relevant goal interpretations for state agencies adopted in accordance with OAR chapter 660, whenever applicable; and

(f) Adopt any necessary findings to ensure compliance with the Planning Goals.

Stat. Auth.: ORS 285B.075(5) & 285A.075
Stats. Implemented: ORS 197.180, 285A & 285B
Hist.: EDD 9-1990, f. & cert. ef. 5-23-90; EDD 4-2003, f. & cert. ef. 3-26-03; EDD 21-2009, f. 11-30-09, cert. ef. 12-1-09

123-008-0025

Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations

For purposes of this division of administrative rules, and to act compatibly with acknowledged comprehensive plans and land use regulations, except when the Department makes direct findings for compliance with Planning Goals consistent with OAR 123-008-0020(2), a project applicant for resources under an Applicable Program shall effectively verify to the project's compliance with the applicable city or county comprehensive plan, public facility plan and land use regulations, through mechanisms such as the following:

(1) Receipt of a copy of the local land use permit or equivalent documentation from the city or county planning agency or the local governing body that the project has received land use approval;

(2) Receipt of a letter from the local planning agency or governing body stating that the project is permitted under the jurisdiction's comprehensive plan and land use regulations but does not require specific land use approval;

(3) Copies of official land use maps or other local documents that demonstrate necessary compliance; or

(4) Other equivalent documentation from the affected city or county.

Stat. Auth.: ORS 285B.075(5) & 285A.075
Stats. Implemented: ORS 197.180, 285A & 285B
Hist.: EDD 9-1990, f. & cert. ef. 5-23-90; EDD 4-2003, f. & cert. ef. 3-26-03; EDD 21-2009, f. 11-30-09, cert. ef. 12-1-09

123-008-0030

Dispute Resolution

(1) When a land use dispute related to a proposal or application for financial assistance under an Applicable Program arises, the proposal sponsor/applicant is expected to resolve the dispute directly with the government of the city or county where the proposed project is to be located. The Department will not provide funding for such a project until the dispute is resolved, as indicated by documentation pursuant to OAR 123-008-0025.

(2) In other cases, the Department may attempt to resolve disputes regarding land use issues by direct contact with the applicable local governing body. Whenever possible, Department efforts to resolve land use disputes shall be pursued prior to and through local government land use proceedings.

Stat. Auth.: ORS 285B.075(5) & 285A.075
Stats. Implemented: ORS 197.180, 285A & 285B
Hist.: EDD 9-1990, f. & cert. ef. 5-23-90; EDD 4-2003, f. & cert. ef. 3-26-03; EDD 21-2009, f. 11-30-09, cert. ef. 12-1-09

123-008-0035

Compliance and Compatibility of New or Amended Programs

The Department of Land Conservation and Development is expressively listed in the Department's Notice Rule, OAR 123-001-0100, and the Department shall follow the same notice procedures whenever amending the "Land Use Coordination Program."

Stat. Auth.: ORS 285B.075(5) & 285A.075
Stats. Implemented: ORS 197.180 & ORS 285A & 285B
Hist.: EDD 9-1990, f. & cert. ef. 5-23-90; EDD 4-2003, f. & cert. ef. 3-26-03

123-008-0040

Consistency with Local Economic Development Plans

Applicable adopted local economic development plans under ORS 285A.055(5) include, but are not limited to, relevant parts of the comprehensive (land use) plans of cities and counties, such as those related to Planning Goal 9.

Stat. Auth.: ORS 285B.075(5) & 285A.075
Stats. Implemented: ORS 197.180 & ORS 285A & 285B
Hist.: EDD 9-1990, f. & cert. ef. 5-23-90; EDD 4-2003, f. & cert. ef. 3-26-03

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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