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DEPARTMENT OF FORESTRY

 

DIVISION 20

STATE AGENCY COORDINATION PROGRAM

629-020-0000

Purpose

The purpose of these rules is to establish the procedures used by the Department of Forestry in implementing the provisions of its State Agency Coordination Program, as required by ORS 197.180 and OAR chapter 660, divisions 030 and 031. The State Agency Coordination program will assure that the Department's land use programs comply with statewide land use planning goals and are compatible with acknowledged city and county comprehensive plans and land use regulations. It is not the intent of these rules to prevent either the Board of Forestry or the Department of Forestry from carrying out their statutory responsibilities.

Stat. Auth.: ORS 197
Stats. Implemented: ORS 197.180
Hist.: FB 7-1990, f. 9-21-90, cert. ef. 10-1-90

629-020-0010

Applicability

This division is applicable to the following Department "land use" programs:

(1) Administrative Services; and

(2) State Forest Management; and

(3) Any other Department program subsequently determined to affect land use pursuant to ORS 197.180 and OAR 660-030-0075.

Stat. Auth.: ORS 197
Stats. Implemented: ORS 197.180
Hist.: FB 7-1990, f. 9-21-90, cert. ef. 10-1-90

629-020-0020

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 629-020-0010, the Department shall find that the program or action complies with the statewide planning goals and is compatible with acknowledged comprehensive plans and land use regulations. The Department shall make its goal compliance and plan compatibility findings in accordance with OAR 629-020-0000 through 629-020-0080.

Stat. Auth.: ORS 197
Stats. Implemented: ORS 197.180
Hist.: FB 7-1990, f. 9-21-90, cert. ef. 10-1-90

629-020-0030

Compliance with the Statewide Planning Goals

(1) The Department shall attempt to achieve goal compliance whenever possible by taking actions that are compatible with the acknowledged comprehensive plans of the applicable local governing body.

(2) Except where it is necessary for the Department to adopt findings for compliance with the statewide planning goals, the Department shall achieve goal compliance by acting compatibly with acknowledged comprehensive plans and land use regulations.

(3) 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.

(4) In the event that the Department is required to adopt compliance findings against any of the statewide 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 jurisdiction(s);

(d) Request interpretive guidance from DLCD and the Attorney General's office;

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

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

Stat. Auth.: ORS 197
Stats. Implemented: ORS 197.245 & ORS 197.250
Hist.: FB 7-1990, f. 9-21-90, cert. ef. 10-1-90

629-020-0040

Compliance with Acknowledged Comprehensive Plans and Land Use Regulations

(1) In order to approve or undertake a capital construction project, capital improvement project, property development project or land acquisition project under the Administrative Services Program, the Department shall find that the project complies with and is compatible with acknowledged city and county comprehensive plans and land use regulations. To make its compatibility findings, the Department shall comply with the following procedures:

(a) The Department shall make application for local government approval of a Department project where necessary. A Department decision to proceed with a project or action shall not be made until either of the following two procedures are completed:

(A) A copy of the local land use permit or equivalent documentation is acquired from the applicable local governing body or its designee that the proposed project or action has received land use approval is attached to the preliminary plan; or

(B) A letter or some other form of verification is acquired from the applicable local governing body or its designee stating that the proposed project or action is permitted under the jurisdiction's comprehensive plan but does not require specific land use approval.

(b) Final project plans will be developed after the local government approval required above has been obtained. The final project plans shall incorporate the conditions established by the local governing body for final approval.

(2) The Department shall satisfy its plan compatibility findings for a capital construction project, capital improvement project, property development project or land acquisition project approved under the Administrative Services Program in the Salem metropolitan area and subject to the jurisdiction of the Capitol Planning Commission (CPC) by adhering to the CPC's land use coordination rules in OAR chapter 110, division 10, and the procedure contained in the CPC's certified State Agency Coordination Program.

(3) An applicant seeking approval to locate non-forest uses or facilities such as radio towers, microwave sites, radio repeater buildings on state-owned forest land (under the management of the Department) shall provide information to the Department assuring the proposed project is in compliance with the statewide planning goals and is compatible with any applicable comprehensive plans and land use regulations. Such documentation shall be submitted to the Department prior to Department approval and shall include:

(a) A copy of the local land use permit or equivalent documentation from the applicable local governing body or its designee stating that the proposed project or action has received land use approval; or

(b) A letter or some other form of verification from the applicable local governing body or its designee stating that the proposed project or action is permitted under the jurisdiction's comprehensive plan but does not require specific land use approval.

(4) The Department will assure that the State Forest Management Program is compatible with acknowledged city and county comprehensive plans and land use regulations. The elements of the State Forest Land Management Program that affect land use include:

(a) Land use designations;

(b) Plans (long range plans, block plans, annual operation plans and transportation plans);

(c) Land acquisition, sale or exchange;

(d) Other forest uses (forest uses not regulated by the Forest Practices Act, such as recreation, wildlife uses, etc.) and non-forest uses (sale of rock, sand, gravel, pumice and other such material from the lands, powerlines, reservoirs, etc.);

(e) State lands within urban growth boundaries (subject to local government regulation of forest practices).

(5) In order to achieve compatibility with acknowledged comprehensive plans and land use regulations for county trust lands and other forest lands managed pursuant to ORS 530.010 to 530.290 by the Board of Forestry through the State Forest Management Program, and Common School Forest Lands managed by the Board of Forestry through the Department's State Forest Management Program pursuant to ORS 530.450 et seq., the Department shall adhere to the following procedures:

(a) Land Use Designations:

(A) When land use classifications are updated, the District Forester will review state forest land use designations with affected local government and request their comment on the compatibility of the land use designations with the comprehensive plan;

(B) If a conflict or issue is raised by local government with regard to the compatibility of the land use designations, the dispute resolution process described under OAR 629-020-0050 will be followed.

(b) Plans:

(A) The District Forester will notify local government that a state forest plan is being developed and request their review and comment on the compatibility of the draft plan with the comprehensive plan;

(B) If a conflict or issue is raised by local government with regard to the compatibility of the state forest plan, the dispute resolution process described under OAR 629-020-0050 will be followed.

(c) Land Acquisition, Sale and Exchange:

(A) Prior to completing land acquisitions, sales or exchanges, the appropriate District Forester will provide copies of the proposal to the appropriate local government for their review, comment and input;

(B) Requirements for the acquisition of land in ORS 530.010 (Board of Forestry Lands), procedures for the exchange of land in ORS 530.040 (Board of Forestry Lands), and procedures for the exchange of land in ORS 530.510 (Common School Forest Lands) will be followed. ORS 530.010 requires that the Board shall not acquire land without prior approval, duly made and entered, of the county court or board of county commissioners of the county in which the lands are situated. ORS 530.040 requires that land exchanges between counties be similarly approved as the acquisition of land in ORS 539.010. Additionally, before making any exchanges, the Board of Forestry shall hold a hearing at the courthouse of the county in which the lands are situated and provide notice of the hearings in an appropriate newspaper. ORS 530.510 requires that the county court or board of county commissioners of the county, or counties, in which such land is situated, shall approve such exchanges, and only after their approval shall the exchange be consummated;

(C) If a conflict or issue is raised by local government with regard to the compatibility of the acquisition, sale or exchange, the dispute resolution process described under OAR 629-020-0050 will be followed.

(d) Other Forest Uses and Non-Forest Uses:

(A) Procedures outlined in subsections (5)(a) and (b) of this rule for assuring the compatibility of land use designations and plans will be followed to assure the compatibility of other forest uses with acknowledged comprehensive plans;

(B) Prior to approving non-forest uses on state forest lands, the District Forester will provide copies of the proposal to the appropriate local government for their review, comment and input on the compatibility of the proposed use with the comprehensive plan;

(C) If a conflict or issue is raised by local government with regard to the compatibility of the other forest use or non-forest use, the dispute resolution process described under OAR 629-020-0050 will be followed.

(e) State forest lands within urban growth boundaries (subject to local government regulation of forest practices):

(A) If state forest lands are currently within an urban growth boundary, the Department, through the local District Forester, will encourage the local government to appropriately adjust their urban growth boundary to place the state forest lands outside the urban growth boundary. Failing that, the District Forester will encourage the local government to adopt and enforce regulations on forest operations that are consistent with the Oregon Forest Practices Act;

(B) If a local government decides to amend their urban growth boundary to encompass state forest land, the local District Forester will consult with the local government to determine their reasons for the urban growth boundary amendment. The Department will not support such amendments, unless the local government provides substantial convincing evidence consistent with Goal 14 and Goal 2 that is supportive of the amendment;

(C) Prior to commencing any forest operations within a urban growth boundary, the District Forester will consult with the appropriate local government to determine if forest operations are regulated by the local government. If forest operations are regulated, then the District Forester will ensure that a copy of the local land use permit or equivalent documentation is acquired from the applicable local governing body or its designee that the proposed forest operation has received land use approval.

Stat. Auth.: ORS 197
Stats. Implemented: ORS 197 & ORS 530.010 - ORS 530.290
Hist.: FB 7-1990, f. 9-21-90, cert. ef. 10-1-90

629-020-0050

Dispute Resolution

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 530 (Acquisition and Management of State Forests), may prevent the Department from meeting its land use compatibility responsibility under ORS 197.180. The Department shall attempt to resolve all disputes regarding land use issues, including conflicting statutory obligations, by direct contact with the affected cities and counties. However, if no agreement can be reached, the following procedures will be followed to resolve land use disputes concerning approval of a Department program or action:

(1) Hold direct discussions with the affected local government(s), DLCD, and any other appropriate or affected persons or agencies in accordance with applicable informal dispute resolution procedures.

(2) If the Department's statutory obligation remains in conflict after exhausting the appropriate procedures under section (1) of this rule, and the Department determines that it must act, the Board of Forestry (or its designated representative) shall adopt findings in writing explaining why it cannot act compatibly with applicable city or county comprehensive plans and land use regulations and then, adopt goal findings to assure compliance with the statewide goals in accord with OAR 660-030-0065(3).

(3) The Department shall provide a copy of the findings referenced in section (2) of this rule to applicable city or county governments and upon request, to other interested persons explaining the rationale for its decision.

(4) If the dispute is not resolved through sections (1) - (3) of this rule, the Department may request informal mediation or a compatibility determination from the LCDC in accordance with OAR 660-030-0070.

Stat. Auth.: ORS 197
Stats. Implemented: ORS 197, ORS 197.180 & ORS 530.010 - ORS 530.520
Hist.: FB 7-1990, f. 9-21-90, cert. ef. 10-1-90

629-020-0060

Compliance and Compatibility of New or Amended Land Use Programs

The Department will use the following procedures to assure that new or amended agency rules and programs affecting land use will comply with the statewide goals and be compatible with acknowledged comprehensive plans and land use regulations:

(1) The Department shall submit notice of any amendment to any Department program affecting land use or any new Department rule or program, except for amendments or new rules and programs related to the Oregon Forest Practices Act (which is expressly exempt from these requirements), to the Department of Land Conservation and Development as required by OAR 660-030-0075.

(2) Such notice shall be provided to DLCD in writing not less than 45 days before adoption of any amendment to a program affecting land use or adoption of any new rule or program.

(3) The notice provided to DLCD shall demonstrate that the proposed new adoption or amendment:

(a) Does not affect land use and therefore is not a land use program; or

(b) Affects land use and that goal compliance and comprehensive plan compatibility can be assured through the existing SAC Program procedures; or

(c) Affects land use and procedures in the certified SAC Program are not adequate to ensure compatibility and compliance. In this case, the notice shall include an explanation of how compliance and compatibility will be achieved in accordance with the applicable provisions of OAR 660-030-0075.

Stat. Auth.: ORS 197
Stats. Implemented: ORS 197.250
Hist.: FB 7-1990, f. 9-21-90, cert. ef. 10-1-90

629-020-0070

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 agencies, federal agencies, and others on land use issues of concern to the Department. Generally, this type of coordination is to provide to state agencies, federal agencies and others, the Department's perspective on the compatibility of programs or actions that others have proposed with the policies and programs of the Board of Forestry. Department contacts for interagency coordination will be determined by the type of program or action, and may include the Department Land Use Coordinator, a representative from the affected Department program, or local (field) land use planning coordinator (as designated by the District Forester).

Stat. Auth.: ORS 197
Stats. Implemented: ORS 197.180
Hist.: FB 7-1990, f. 9-21-90, cert. ef. 10-1-90

629-020-0080

Cooperation and Technical Assistance to Local Governments

(1) Subject to statutory and budgetary limitations, the Department:

(a) May provide technical assistance and information to local government;

(b) May participate in local land use planning and regulations, including review of applications for forest dwellings, periodic review, plan amendments and plan updates; and

(c) May promote the adoption of state land use policies and local land use ordinances that consider the land use policies and programs of the Board of Forestry.

(2) Participation and coordination with local government with regard to the programs herein determined to affect land use will be accomplished by the Department working directly with the responsible local government. This involvement will include coordination and participation among the Department, project sponsors, lessors, other affected parties as appropriate and the local jurisdiction to help assure that local land use and building requirements are addressed. In the Salem Metropolitan Area, this will be accomplished principally through the Department's involvement with the Capitol Planning Commission.

Stat. Auth.: ORS 197
Stats. Implemented: ORS 197.629
Hist.: FB 7-1990, f. 9-21-90, cert. ef. 10-1-90

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