Loading
The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF CORRECTIONS

 

DIVISION 32

LAND USE COORDINATION 

291-032-0010

Authority and Purpose

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 197.180, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of these rules is to establish the procedures to be used by the Department in implementing the provisions of its State Agency Coordination Program, as required by ORS 197.180 and OAR Chapter 660, Divisions 30 and 31. The Department's state agency coordination program will assure that the Department's land use programs will comply with the statewide planning goals and be compatible with acknowledged city and county comprehensive plans and land use regulation:

(a) It is the intent of these rules to describe how the Department will carry out its statutory responsibility to site and establish correctional institutions and facilities;

(b) These rules are not intended to apply to the establishment of correctional facilities under any temporary provisions of Oregon law which may authorize the siting of institutions notwithstanding the requirements of ORS 197.180. These rules also are not meant to authorize local governments to prevent the Department from carrying out its statutory responsibility to operate, control, manage or supervise correctional institutions.

Stat. Auth.: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 25-1992, f. & cert. ef. 12-9-92

291-032-0020

Applicability

(1) The provisions of this division (OAR 291-032) shall apply to the following Department programs and actions:

(a) Strategic plan adoption and site selection for statewide and regional correctional facilities identified in the 1988 "Strategic Correctional Plan for Oregon" or subsequent siting plan adopted by the Department;

(b) Facility construction including new construction and/or major expansion of existing correctional facilities by the Department;

(c) Approval of community correctional grants and loans to local governments where such grants or loans will be used for the construction of new, or the major expansion of existing, correctional facilities; and

(d) Any other programs or actions that:

(A) Are determined to be "programs affecting land use" pursuant to ORS 197.180 and OAR 660-030-0075;

(B) Involve a change or an intensification of land use; or

(C) Take place on property which is an existing non-conforming use.

(2) The provisions of this division (OAR 291-032) do not apply to such Department programs or actions as:

(a) Facility maintenance and rehabilitation;

(b) Replacement of equipment or fixtures;

(c) General capital betterment, repair, and improvement; or

(d) any other similar activities that are determined not to be "programs affecting land use" pursuant to ORS 197.180 and OAR 660-030-0075.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 25-1992, f. & cert. ef. 12-9-92

291-032-0030

Compliance with the Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations

Prior to undertaking any action or program listed in OAR 291-032-0020, the Department shall find that the program or action complies with the statewide planning goals and is compatible with acknowledged comprehensive land use plans and land use regulations. The Department shall make its goal compliance and comprehensive plan compatibility findings in accordance with these rules and the Department's certified state agency coordination program.

Stat. Auth.: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 25-1992, f. & cert. ef. 12-9-92

291-032-0040

Compliance with the Statewide Planning Goals -- Land Use Program

(1) Except as provided in section (3) of this rule, the Department shall achieve goal compliance for Department land use programs, whenever possible, by taking actions that are compatible with the acknowledged comprehensive plan and land use regulations of the applicable local government(s).

(2) An action within a Department "land use program" shall be considered to be in compliance with statewide planning goals when such action is compatible with the applicable local government's acknowledged comprehensive plan and land use regulations.

(3) In the event that the Department is required to adopt findings to comply with any statewide planning goals, the Department shall adhere to the following procedures:

(a) Confirm that a situation exists pursuant to OAR 660-030-0065(3) which requires the Department to adopt findings of compliance with one or more of the statewide planning goals;

(b) Identify the specific statewide planning goal(s) or goal requirements the Department must address;

(c) Consult directly with the affected city or county;

(d) Request, as necessary, interpretive guidance from the Department of Land Conservation and Development (LCDC) and the Attorney General's Office;

(e) Rely on any relevant goal interpretations applicable to state agencies adopted by LCDC under OAR Chapter 660; and

(f) Adopt any necessary findings to assure compliance with the statewide planning goals.

Stat. Auth.: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 25-1992, f. & cert. ef. 12-9-92

291-032-0050

Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations

(1) Prior to approving or undertaking an action or project listed in OAR 291-032-0020, the Department shall find that the program or action is compatible with the affected local government's acknowledged comprehensive plan and land use regulations. To make its plan compatibility findings, the Department shall comply with the following procedures:

(a) For all Department land use programs and actions occurring within the Salem Metropolitan Area which are subject to the jurisdiction of the Capitol Planning Commission (CPC), the Department shall assure compatibility with comprehensive plans by adhering to the CPC's land use coordination rule in OAR Chapter 110, Division 10, and the procedures contained in the CPC's certified State Agency Coordination Program.

(b) For Department land use programs and actions under OAR 291-032-0020(1)(a) and (b) not subject to the jurisdiction of the Capitol Planning Commission or occurring outside the Salem Metropolitan Area, the Department shall assure comprehensive plan compatibility by making application for local government land use approval where necessary.

(2) A Department decision to proceed with a project or action shall not be made until it obtains one or more of the following:

(a) A copy of the local land use permit, building or occu-pancy permit, or other equivalent documentation from the city or county planning agency, building department or governing body; or

(b) A letter from the local planning agency, building department or governing body stating that the project or action in question is permitted under the jurisdiction's comprehensive plan, land use regulations, or development codes, but does not require specific approval by the jurisdiction; or

(c) Other information and documentation equivalent to subsection (a) or (b) of this section including, but not limited to, written testimony presented to the Department from an authorized representative from the affected city or county.

(3) In the case of a community correctional grant or loan, the Department shall require the grant or loan applicant to provide the Department with written information documenting the project's compatibility with applicable comprehensive plan and land use regulations. Such documentation shall include one of the following:

(a) A copy of the local land use permit, building or occupancy permit, or other equivalent documentation from the city or county planning agency, building department or governing body;

(b) A letter from the local planning agency, building department or governing body stating that the project or action in question is permitted under the jurisdiction's comprehensive plan, land use regulations or development codes, but does not require specific approval by the jurisdiction; or

(c) Other information and documentation equivalent to subsection (a) or (b) of this section including, but not limited to, written testimony presented to the Department from an authorized representative from the affected city or county.

Stat. Auth.: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 25-1992, f. & cert. ef. 12-9-92

291-032-0060

Compliance with the Statewide Planning Goals

(1) Except as provided in section (4) of this rule, the Department shall achieve Goal compliance whenever possible by taking actions that are compatible with the acknowledged city and county comprehensive plans and land use regulations.

(2) Where appropriate, the statutory plan amendment and periodic review processes shall be used to obtain local land use approvals for a project or action proposed by the Department which affects land use.

(3) An action within a Department "land use program" is considered to be in compliance when such an action is compatible with the acknowledged comprehensive plan and land use regulations of the applicable local governing body.

(4) When the Department in the process of siting a facility authorized under the 1988 "Strategic Correction Plan for Oregon" or subsequent siting, finds under OAR 660-030-0065(3)(c) that an acknowledged plan does not contain require-ments or conditions specifically applicable to the facility that the Department seeks to site, the Department shall comply with the statewide goals by adopting written findings. To adopt such findings the Department may:

(a) Identify the specific statewide goals which must be addressed;

(b) Consult directly with the affected city or county;

(c) Request interpretive guidance from the Department of Land Conservation and Development and the Attorney General's Office; and

(d) Rely on any relevant goal interpretation for state agencies adopted by LCDC under OAR Chapter 660.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 25-1992, f. & cert. ef. 12-9-92

291-032-0070

Dispute Resolution

(1) It is the intent of the Department to achieve compatibility between Department land use programs and acknowledged comprehensive plans and land use regulations, whenever possible. However, a situation may occur where the Department believes its statutory mandates, including but not limited to ORS Chapter 421 (Department of Corrections Institutions) and 423 (Corrections Administration and Programs), may prevent the Department from meeting its land use compatibility responsibility under ORS 197.180.

(2) The Department shall attempt to resolve all land use disputes, including conflicting statutory obligations, by direct contact with the affected cities and counties. Whenever possible, Department efforts to avoid and resolve potential land conflicts concerning a specific use or action shall be conducted prior to and through local government land use proceedings. Such efforts may include Department participation in preapplication meetings and conflict resolution activities, and the provision of technical information and assistance to the affected local government(s).

(3) In the event the Department and a local government do not agree that a Department program or action is compatible with the applicable comprehensive plan and land use regulations, the Department will attempt to resolve the dispute though the following procedures:

(a) Hold direct discussions with the affected local government(s), the Department of Land Conservation and Development, and any other appropriate or affected persons or agencies to identify ways the project or action can be made compatible with the jurisdiction's comprehensive plan and land use regulations;

(b) Examine alternatives to achieving the Department's project or action, including possible modification of the proposed project or action, or withdrawal of the proposal;

(c) Appeal of local government denials of Department of Corrections requests for land use approvals or compatibility determinations when determined to be necessary by the Department; or

(d) If the dispute is not resolved through subsections (a) through (c) of this section, the Department may request informal mediation of a compatibility determination from the Land Conservation and Development Commission in accordance with OAR 660-030-0070.

(4) If the Department's statutory obligation remains in conflict, after exhausting the appropriate procedures in section (3) of this rule, and the Department determines that must act, the Department shall adopt written findings explaining why it cannot act compatibly with applicable city or county comprehensive plans and land use regulation, and then adopt goal findings to assure compliance with statewide planning goals, in accordance with OAR 660-030-0065(3) and these rules.

Stat. Auth.: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 25-1992, f. & cert. ef. 12-9-92

291-032-0080

Compliance and Compatibility of New or Amended Department Land Use Programs

(1) The Department shall assure that new or amended Department rules and programs affecting land use will comply with the statewide planning goals and be compatible with acknowledged comprehensive plans and land use regulations.

(2) The Department shall submit notice of the proposed amendment of any existing Department rule or program or any new Department rule or program to the Department of Land Conservation and Development in the manner prescribed in OAR 660-030-0075.

Stat. Auth.: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 25-1992, f. & cert. ef. 12-9-92

291-032-0090

Coordination with Affected State and Federal Agencies and Special Districts

The Department shall coordinate with state and federal agencies and special districts on Department projects or actions affecting land use, when necessary. Additionally, the Department may coordinate with state and federal agencies and special districts on land use issues of concern to the Department.

Stat. Auth.: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 25-1992, f. & cert. ef. 12-9-92

291-032-0100

Cooperation and Technical Assistance to Local Governments

(1) Subject to statutory and budgetary limitations, the Department shall provide technical assistance and information to local governments and other interested persons. Such assistance and information offered shall be for the purpose of implementing Department programs affecting land use and to help cities and counties revise and carry out their comprehensive plans and land use regulations with regard to the siting and development of correctional facilities.

(2) Specific Department involvement with local governments may include participation in preapplication meetings, periodic review, plan and land use regulation amendments and plan updates, and implementation actions of comprehensive plans. Where appropriate, the Department may urge the adoption by local governments of policies which recognize the plans and programs of the Department of Corrections.

(3) In the Salem Metropolitan Area, Department efforts to provide technical assistance and information to local governments will be accomplished principally through the Department's involvement with the Capitol Planning Commission.

Stat. Auth.: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 197.080, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 25-1992, f. & cert. ef. 12-9-92

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

© 2013 State of Oregon All Rights Reserved​