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DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT

 

DIVISION 30

REVIEW AND APPROVAL OF STATE AGENCY COORDINATION PROGRAMS

660-030-0000

Purpose

The purpose of this division is to respond to the legislative findings and policy in ORS 197.005 and 197.010. This division implements provisions in Statewide Planning Goal 2, ORS 197.040(2)(e), 197.090(1)(b) and 197.180 and explains the relationship between OAR chapter 660, divisions 30 and 31. The purpose of Commission certification of agency coordination programs is to assure that state agency rules and programs which affect land use comply with the statewide goals and are compatible with acknowledged city and county comprehensive plans.

Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 197.040 & ORS 197.180
Hist.: LCD 14, f. & ef. 12-15-77; LCDC 1-1982(Temp), f. & ef. 4-20-82; LCDC 6-1982, f. & ef. 7-22-82; LCDC 5-1986, f. & ef. 12-24-86

660-030-0005

Definitions

For the purpose of this division, the definitions in ORS 197.015 and the following definitions shall apply:

(1) "Acknowledged Comprehensive Plan" means a comprehensive plan and land use regulations or plan or regulation amendment which complies with the goals as provided in ORS 197.251, 197.625 and 197.626 through 197.650.

(2) "Rules and Programs Affecting Land Use":

(a) Are state agency's rules and programs (hereafter referred to as "land use programs") which are:

(A) Specifically referenced in the statewide planning goals; or

(B) Reasonably expected to have significant effects on:

(i) Resources, objectives or areas identified in the statewide planning goals; or

(ii) Present or future land uses identified in acknowledged comprehensive plans.

(b) Do not include state agency rules and programs, including any specific activities or functions which occur under the rules and programs listed in paragraph (2)(a)(A) of this rule, if:

(A) An applicable statute, constitutional provision or appellate court decision expressly exempts the requirement of compliance with the statewide goals and compatibility with acknowledged comprehensive plans; or

(B) The rule, program, or activity is not reasonably expected to have a significant effect on:

(i) Resources, objectives or areas identified in the statewide goals; or

(ii) Present or future land uses identified in acknowledged comprehensive plans; or

(C) A state agency transfers or acquires ownership or an interest in real property without making any change in the use or area of the property. Action concurrent with or subsequent to a change of ownership that will affect land use or the area of the property is subject to either the statewide goals or applicable city or county land use regulations.

(c) A final determination of whether or not an agency rule or program affects land use will be made by the Commission pursuant to ORS 197.180 and OAR chapter 660, division 30.

(3) "Agency Coordination Program" is the submittal made by a state agency to the Department pursuant to ORS 197.180(2)(a)-(d) and OAR 660-030-0060.

(4) "Certification" is an order issued by the Commission which finds that a state agency's coordination program satisfies the requirements of ORS 197.180(2)(a)-(d) and OAR chapter 660, division 30.

(5) "Compatibility with Comprehensive Plans" as used in ORS 197.180 means that a state agency has taken actions pursuant to OAR 660-030-0070, including following procedures in its coordination program where certified, and there are no remaining land use conflicts between the adoption, amendment or implementation of the agency's land use program and an acknowledged comprehensive plan.

(6) "Compliance with the Goals" means that the state agency land use programs and actions must comply with the applicable requirements of the statewide planning goals as provided in OAR 660-030-0065.

(7) "Agency Consistency with Comprehensive Plans" as used in Statewide Goal 2 shall have the same meaning as the term "compatibility" as provided in section (5) of this rule and OAR 660-030-0070.

(8) "Coordination" as used in ORS 197.015(5) means the needs of all levels of government, semipublic and private agencies and the citizens of the State of Oregon have been considered and accommodated as much as possible.

(9) "Commission" means the State Land Conservation and Development Commission.

(10) "Department" means the Department of Land Conservation and Development.

(11) "Director" means the Director of Land Conservation and Development.

(12) "Goals" means the mandatory statewide planning standards adopted by the Commission pursuant to ORS 197.005 to 197.855.

Stat. Auth.: ORS 183 & 197
Stats. Implemented: ORS 197.040 & 197.180
Hist.: LCD 12, f. & ef. 10-14-77; LCDC 6-1982, f. & ef. 7-22-82; LCDC 5-1986, f. & ef. 12-24-86; LCDD 3-2004, f. & cert. ef. 5-7-04

660-030-0045

Submittal of Agency Coordination Programs

(1) Upon a request by the Commission pursuant to a schedule developed by the Director, each state agency shall submit a coordination program to the Department. The agency shall provide the Department with seven copies of its coordination program unless the agency and the Director mutually agree to a different number of copies. Copies of the program shall be available for public review during regular business hours at the Department's Salem office and the central office of the submitting agency. Copies shall also be available during scheduled business hours at the Department's field offices and any regional offices of the submitting agency.

(2) Upon receipt of an agency coordination program, the Director shall review the submittal to determine whether the agency's request contains the information and documents required by OAR 660-030-0060.

(3) If the submittal is not complete, the Director shall, in writing, request any additional documents or information needed to make the submittal complete.

(4) The 90-day review period in ORS 197.180(3) shall commence upon notification in writing by the Director that the agency's submittal is complete.

Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 197.040 & ORS 197.180
Hist.: LCDC 5-1986, f. & ef. 12-24-86

660-030-0050

Notice of Review of Agency Coordination Programs

(1) After informing a state agency in writing that its submittal is complete, the Director shall provide an opportunity for interested persons to submit written comments and objections to the Department regarding certification of the agency's coordination program. The notice shall identify the agency program to be reviewed, the time and places where the agency's program may be inspected and the date by which comments and objections must be received at the Department's Salem office.

(2) The length of the notice period shall be determined by the Director based on the nature of the agency program being reviewed, but shall be at least 30 days.

Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 197.040 & ORS 197.180
Hist.: LCDC 5-1986, f. & ef. 12-24-86

660-030-0055

Review of Agency Coordination Programs

(1) An agency coordination program found to be complete pursuant to OAR 660-030-0045(4) shall be evaluated by the Director. The results of this evaluation, including responses to timely objections, together with a recommendation regarding certification, shall be set forth in a written report.

(2) If the Director recommends that the agency's program be certified, the Department shall mail copies of the Director's report to the submitting agency, all commenters and objectors, any person who in writing requests a copy, and the Commission. The report shall be considered by the Commission at a date determined by the Director in the following manner:

(a) The submitting agency or persons who have submitted timely comments or objections as described in OAR 660-030-0050 shall have 20 days from the date of mailing of the Director's report to file written exceptions to that report;

(b) The Director may comment to the Commission in writing or orally regarding any materials, comments, objections or exceptions submitted to the Commission concerning any agency certification request;

(c) The Commission may allow any person who has filed a timely written comment or objection as provided in OAR 660-030-0050 to appear before the Commission within time limits established by the Commission to present oral statements on the person's written comments, objections or exceptions. The Commission shall not consider any new or additional information or testimony that could have been presented to the Director within the timelines required by OAR 660-030-0050 or by section (3) of this rule, but was not;

(d) Following its review of the Director's report and such additional comments and information provided under subsections (2)(a)-(c) of this rule, the Commission shall adopt an order which:

(A) Certifies the agency's coordination program; or

(B) Denies certification and identifies the needed corrections and date by which the agency is to amend its program and resubmit to the Department in the same manner as provided in OAR 660-030-0045; or

(C) Postpones final action on the agency's coordination program to a future date as determined by the Commission; and

(e) Commission orders adopted under subsection (2)(d) of this rule shall be provided to the affected state agency, commenters, objectors, and other persons requesting a copy in writing.

(3) If the Director finds, pursuant to ORS 197.180 (3) - (5), that the agency's program should not be certified, the Director shall mail copies of a draft of the Director's report including needed corrections to the submitting agency, to all commenters and objectors and to any person who requests a copy in writing. The submitting agency and those persons filing timely comments and objections shall have 20 days from the date of mailing to file written exceptions to the draft of the Director's report.

(4) The Director shall evaluate exceptions to the draft filed within the 20 day period provided in section (3) of this rule. In a timely manner following the exception deadline, the Director shall in writing notify and provide supporting documents as appropriate to the submitting agency, all commenters, objectors, persons filing exceptions and any person who requests a copy in writing that:

(a) The report is unchanged from the draft and the director's recommendation that the agency's coordination program not be certified is now final; or

(b) The Director's recommendation that the agency's coordination program not be certified is now final but the report has been changed from the draft; or

(c) The Director's recommendation that the agency's program not be certified has been referred, along with all supporting documents and comments, objections and exceptions timely filed, to the Commission for its review and action in the manner provided by section (2) of this rule; or

(d) The Director's report has been changed to recommend that the agency's coordination program be certified and the report, along with all supporting documents and comments, objections and exceptions timely filed have been referred to the Commission for its review and action as provided by section (2) of this rule.

(5) A state agency which disagrees with the Director's finding and recommendation under subsection (4)(a) or (b) of this rule may request Commission review of the Director's report.

(6) Within the time period specified in the notice issued under paragraph (2)(d)(B) or subsection (4)(a) or (b) of this rule, but not greater than 90 days, the affected state agency shall amend and resubmit its coordination program to the Department. Resubmittal of a program by an agency shall be done in the same manner as described in OAR 660-030-0045.

Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 197.040 & ORS 197.180
Hist.: LCDC 5-1986, f. & ef. 12-24-86

660-030-0060

Required Elements of an Agency Coordination Program

(1) An agency coordination program must satisfy the requirements specified in ORS 197.180(2)(a) - (d) and OAR 660-030-0060(2) and (3).

(2) The four required elements of a state agency coordination program listed in ORS 197.180(2)(a) - (d) are as follows:

(a) Agency rules and summaries of programs affecting land use;

(b) A program of coordination pursuant to ORS 197.040(2)(e);

(c) A program for coordination pursuant to ORS 197.090(1)(b); and

(d) A program for cooperation with and technical assistance to local governments.

(3) To satisfy the requirement under subsection (2)(a) of this rule, a state agency must complete the following:

(a) Submit copies of all agency rules and list and briefly describe all agency programs authorized by law. Such description may be satisfied by provision of agency budget narratives or other similar explanatory information;

(b) Using the definitions in OAR 660-030-0005(2), indicate which of the agency's rules and programs are land use programs;

(c) For each land use program provide a copy or summary of the applicable enabling statutes or constitutional authority, complete copies of administrative rules and procedures and an analysis of the relationship between the program and land use;

(d) Identify any agency land use programs subject to the requirements and procedures of the Commission's state permit compliance and compatibility rule, OAR chapter 660, division 31, as described in OAR 660-030-0090(2); and

(e) For rules and programs determined not to be agency land use programs, the agency is not required to demonstrate compliance with the statewide planning goals and compatibility with acknowledged comprehensive plans. However, specific actions undertaken in conjunction with such rules or programs may require a local permit or approval.

(4) To satisfy the requirement under subsection (2)(b) of this rule, a state agency must complete the following:

(a) Compile agency land use programs into the following categories:

(A) Exempt Land Use Programs. In this category the agency shall place any land use program for which there is an applicable statute, constitutional provision or appellate court decision which expressly exempts the agency from the requirements in ORS 197.180 to be compatible with acknowledged comprehensive plans, but does not exempt the program from compliance with the statewide goals; and

(B) Compatible Land Use Programs. In this category the agency shall place those remaining land use programs not listed under paragraph (4)(a)(A) of this rule;

(b) Adopt or amend agency rules to implement procedures for assuring the agency's goal compliance described in OAR 660-030-0065 for the land use programs listed under subsection (4)(a) of this rule;

(c) Adopt or amend agency rules to implement procedures for assuring the agency's compatibility with acknowledged comprehensive plans, including the resolution of disputes, as provided in OAR 660-030-0070 for land use programs listed under paragraph (4)(a)(B) of this rule;

(d) Rules and procedures adopted by the agency to satisfy the requirements of goal compliance and plan compatibility must also be designed to address new or amended agency land use programs enacted subsequent to Commission certification pursuant to OAR 660-030-0075; and

(e) Agency procedures for assuring goal compliance and comprehensive plan compatibility may be specific to individual land use programs or may be established to apply to more than one land use program where appropriate.

(5) To satisfy the requirements under subsection (2)(c) of this rule, a state agency must complete the following:

(a) Describe the procedures it will utilize to coordinate its land use programs with the Department and affected state and federal agencies and special districts; and

(b) Designate a unit within the agency to be responsible for the coordination of the agency's land use programs.

(6) To satisfy the requirement under subsection (2)(d) of this rule, a state agency must provide all of the following:

(a) A description of the agency's program for cooperation with and technical assistance to local governments. This description shall identify how the agency will participate in and coordinate with the local planning process (i.e., plan amendment, periodic review and plan implementation) regarding implementation of the agency's land use programs;

(b) a listing of the agency section(s) to contact for obtaining cooperation and technical assistance;

(c) A description of the kinds of technical assistance, information and other services available from the agency and the process used to provide such assistance, information and services to local government;

(d) A description of how the agency shall assure that new or updated agency plans or programs mandated by state statute or federal law enacted after acknowledgment of comprehensive plans will be incorporated into these plans and how the agency will participate in periodic review in accordance with ORS 197.640(3) and OAR 660-019-0055;

(e) A description, if applicable, of any special procedures or programs to cooperate and provide technical assistance to acknowledged coastal cities and counties recognized under the state's coastal zone management program; and

(g) A description, if applicable, of agency procedures to coordinate with other state agencies and local governments and provide technical assistance to local governments on public facility funding, local public facility plans, permit issuance and economic development as required by ORS 197.712(2)(f) and 197.717(1) and (2).

Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 197.040 & ORS 197.180
Hist.: LCDC 5-1986, f. & ef. 12-24-86

660-030-0065

Agency Compliance With the Statewide planning Goals

(1) A state agency shall adopt as part of its coordination program under OAR 660-030-0060 appropriate rules and procedures as required under this rule to assure that the agency's land use programs comply with the statewide planning goals.

(2) Except as provided in section (3) of this rule, a state agency shall comply with the statewide goals by assuring that its land use program is compatible with the applicable acknowledged comprehensive plan(s) as provided in OAR 660-030-0070.

(3) A state agency shall adopt findings demonstrating compliance with the statewide goals for an agency land use program or action if one or more of the following situations exists:

(a) An agency's program or action specifically relates to or occurs in an area that is not subject to an acknowledged comprehensive plan; or

(b) An agency takes an action that is not compatible with an acknowledged comprehensive plan after exhausting efforts to be compatible as described in OAR 660-030-0070; or

(c) An acknowledged plan pursuant to OAR 660-030-0070(2)(c) does not contain either:

(A) Requirements or conditions specifically applicable to the agency's land use program or action thereunder; or

(B) General provisions, purposes, or objectives which would be substantially affected by the agency's action; or

(d) A statewide goal or interpretive rule adopted by the Commission under OAR chapter 660 establishes a compliance requirement directly applicable to the state agency or its land use program; or

(e) An acknowledged comprehensive plan permits a use or activity contained in or relating to the agency's land use program contingent upon case-by-case goal findings by the agency; or

(f) The agency's land use program or action is expressly exempt by reason of applicable statute, constitutional provision or appellate court decision from compatibility with acknowledged comprehensive plans; or

(g) The agency carries out, in accordance with OAR 660-030-0085, specified goal compliance requirements on behalf of certain applicable local governments.

(4) A state agency which is in one of the compliance situations described in section (3) of this rule shall address directly only those goals that have not otherwise been complied with by the local government. To assist in identifying which statewide goals may be directly applicable to the agency's land use program, the agency may:

(a) Utilize its agency coordination program, where certified;

(b) Consult directly with the affected local government;

(c) Request interpretive guidance from the Department; and

(d) Rely on any applicable goal interpretations for state agencies adopted by the commission under OAR chapter 660.

(5) State agencies shall include the following elements in their goal compliance procedures adopted under sections (1) and (3) of this rule:

(a) Identification of the specific statewide goals which are most likely to be addressed directly by the agency;

(b) Commitment to address directly other applicable goals if requested or required; and

(c) Description of the most likely situations in which the agency will address statewide goal requirements in addition to any compatibility findings regarding the acknowledged comprehensive plan.

Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 197.040 & ORS 197.180
Hist.: LCDC 5-1986, f. & ef. 12-24-86

660-030-0070

Agency Compatibility with Acknowledged Comprehensive Plans

(1) A state agency shall be as part of its coordination program under OAR 660-030-0060 adopt appropriate rules and procedures to assure that the agency's land use programs are com-patible with acknowledged comprehensive plans. Such procedures also shall identify the steps the agency will utilize to resolve any land use disputes between the agency and a local government.

(2) An agency can achieve compatibility in several ways depending upon the nature of its land use program and the organization and specificity of the acknowledged comprehensive plan in question. Each agency shall incorporate one or more of the following approaches as appropriate into its own compatibility procedures pursuant to section (4) of this rule. An agency program or action is compatible when the agency:

(a) Receives land use approval from the local government where the acknowledged comprehensive plan contains requirements or conditions specifically applicable to the agency's land use program or action thereunder; or

(b) Determines, based on the response to written notice provided to local government, the results of meetings held pursuant to subsection (4)(a) of this rule, or other equivalent steps as described in the agency's certified coordination program, that the acknowledged comprehensive plan's general provisions will not be substantially affected by the agency's program or action; or

(c) Determines based on the results of steps taken under subsection (2)(b) of this rule, that the acknowledged comprehensive plan contains no specific or general provisions applicable to the agency's program or action. In this situation, however, an agency shall comply with the statewide planning goals as provided in OAR 660-030-0065(3)(c); or

(d) Utilizes in conjunction with a local government, the provisions of this division and the agency's coordination program, where certified, to resolve a land use dispute involving the agency's land use program or action and the acknowledged comprehensive plan; or

(e) Issues a permit in accordance with the requirements of OAR chapter 660, division 31.

(3) In carrying out the compatibility requirements of this rule, a state agency is not compatible if it approves or implements a land use program or action that is not allowed under an acknowledged comprehensive plan. However, a state agency may apply statutes and rules which the agency is required by law to apply, to deny, condition or further restrict an action or program, provided it applies those statutes and rules to the uses planned for in the acknowledged comprehensive plan.

(4) Each state agency's compatibility procedures for assuring compatibility with acknowledged comprehensive plan, including the resolution of land use disputes, shall at a minimum provide for the following actions:

(a) Meetings between the agency and the local government's planning representatives to discuss ways to make the agency's land use program or action compatible;

(b) Identification by the agency of alternative actions or modifications to the agency's program or action;

(c) Application by the agency for the necessary local land use approval, including any needed plan and land use regulation amendments;

(d) Pursuit of appropriate appeal by the agency of a denial of its request for local land use approval; and

(e) Request by the agency for the needed local land use approval during periodic review (OAR chapter 660, division 19) or an explanation by the agency why periodic review is not available or sufficient to respond to the agency's request.

(5) A state agency, or a local government may request informal LCDC mediation if the agency determines after pursuing procedures as appropriate under section (4) of this rule that there is a need to proceed with its proposed action or program which would be incompatible with the acknowledged comprehensive plan. LCDC mediation may proceed as mutually agreed by LCDC, the affected state agency and the local government.

(6) If, after pursuing any of the procedures required by section (4) of this rule that are appropriate under the circumstances, an agency contends that its proposed program or action would be compatible with an acknowledged comprehensive plan, but the local government contends that the program or action would not be compatible, the agency shall proceed as provided in sections (7) through (12) of this rule.

(7) Each agency's compatibility procedure shall provide for Commission compatibility determination as a means for resolving disagreement between the agency and a local government regarding compatibility of the agency's proposed land use program or action with an acknowledged comprehensive plan.

(8) Commission compatibility determination shall only be requested if the state agency and local government remain in dispute after taking any steps in section (4) of this rule that are appropriate under the circumstances.

(9) The Commission may commence a compatibility determination upon written request from the chief official or governing authority of the agency, the local government or both. Compatibility determination shall include the following:

(a) The Commission may designate a hearings officer. The hearings officer shall compile a written assessment of the compatibility dispute. The assessment shall document the positions of each party, including a summary of the background of the dispute, identification of major issues and contentions and any other facts relevant to the case. The hearings officer shall conduct hearings as he or she determines are appropriate under the circumstances to aid in preparation of the report on the compatibility dispute;

(b) The hearings officer's report shall be provided to the Commission, the affected state agency, the local government and other persons who request a copy in writing;

(c) The Commission shall review the hearings officer's report at a regular or special meeting after providing a reasonable amount of time for review by the agency, the local government and other persons wishing to examine the report. Following any allowed testimony from the parties or other interested persons, the Commission shall determine whether the agency's proposed program or action is compatible with the acknowledged comprehensive plan; and

(d) The Department shall prepare a written record of the Commission's determination of compatibility. The record of the Commission's compatibility determination together with supporting findings and documents shall be provided to the state agency, the local government and any person requesting a copy in writing.

(10) The Department shall provide notice of opportunity for participation in and obtaining the results of all Commission determinations of compatibility to those who request such notice in writing.

(11) A compatibility determination shall have no final effect unless the affected agency proceeds and adopts the Commission's compatibility determination as its own. If the compatibility determination adopted by the affected agency is not the same as the Commission's determination, under subsection (9)(c) of this rule, the Commission's determination, findings and record shall be included in the record of the agency's action.

(12) If the agency's proposed program or action would be incompatible with the acknowledged comprehensive plan or the agency elects not to proceed as provided in sections (7) through (12) of this rule, the agency may pursue any of the following options:

(a) Take no action; or

(b) Modify its proposal to the extent needed to achieve compatibility with the acknowledged comprehensive plan.

Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 197.040 & ORS 197.180
Hist.: LCDC 5-1986, f. & ef. 12-24-86

660-030-0075

Review of Amendments to Agency Rules and Programs

(1) The purpose of this rule is to assure that new agency rules and programs or amendments to existing land use programs of certified state agencies comply with the requirements of ORS 197.180 and OAR chapter 660, division 30. This rule shall not apply to the adoption of temporary agency rules or programs.

(2) A notice from a certified agency shall provide information sufficient to demonstrate that the proposed new or amended rule or program is one of the following:

(a) Is not an agency land use program; or

(b) Is an agency land use program and is covered under the agency's procedures pursuant to OAR 660-030-0060(4)(d) for assuring goal compliance and comprehensive plan compatibility for new or amended agency land use program; or

(c) Is an agency land use program but is not covered under the agency's procedures under OAR 660-030-0060(4)(d). An agency's notice must explain how the agency shall assure goal compliance and comprehensive plan compatibility for the proposed new or amended land use program.

(3) Department review in response to a notice from a certified agency under section (2) of this rule shall be as follows:

(a) The agency shall submit to the Department, pursuant to agency rule-making under ORS 183 or other applicable adoption procedures, a written notice of the agency's pending action. Such notice shall be received by the department not less than 45 days before the agency's action is to occur and shall:

(A) Identify the specific date, time and location of anticipated agency action;

(B) Describe the manner in which written and oral comment on the proposed action can be submitted to the agency;

(C) Provide a copy or a description of the proposed new or amended rule or program; and

(D) Describe how the proposed action addresses subsection (2)(a), (b), or (c) of this rule, as appropriate.

(b) Upon receipt of a notice from an agency as described under subsection (3)(a) of this rule, the Department shall review the proposed action. In accordance with paragraph (3)(a)(A) of this rule, the Department in writing may provide comments to the agency that the proposed action either:

(A) Satisfies subsection (2)(a), (b), or (c) of this rule; or

(B) Does not satisfy subsection (2)(a), (b), or (c) of this rule until more information is provided by the agency or until the proposed rule or program adequately incorporates the Department's suggested revision or modification.

(4) An agency proposing to adopt a new or amended rule or program under this rule shall provide written notice of the same type given to the Department under subsection (3)(a) of this rule to the following:

(a) Persons who in writing to the agency request notice about proposed rule or program actions pursuant to this rule; and

(b) Local governments who rely upon the certified agency's rule or program for compliance under OAR 660-030-0085 and are affected by the proposed action.

(5) Except as provided in section (6) of this rule, any agency which does not receive any comment from the Director under paragraph (3)(b)(B) of this rule prior to taking its action, may deem that the Department finds the new or amended rule or program to have satisfied ORS 197.180 and OAR chapter 660, division 30. Such adopted new or amended rules or programs need not be submitted for certification review.

(6) If an agency adopts a new or amended rule or program without supplying the information including any suggested modifications identified pursuant to paragraph (3)(b)(B) of this rule, the Department may require that the amended rule or program be submitted for certification review in the same manner as provided in OAR 660-030-0045 through 660-030-0055.

Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 197.040 & ORS 197.180
Hist.: LCDC 5-1986, f. & ef. 12-24-86

660-030-0080

Agency Requirements to Assure Compliance With the State Goals and Compatibility With Acknowledged Comprehensive Plans prior to Certification by the Commission

(1) Until an agency's rules and programs are certified by the Commission, the agency shall make findings pursuant to ORS 197.180(6) when adopting or amending its rules and programs as to the applicability and application of the goals or acknowledged comprehensive plans, as appropriate.

(2) Previous Commission approvals of agency coordination programs remain effective until the Commission certifies agency programs pursuant to ORS 197.180 and OAR chapter 660, division 30; however, prior Commission approval shall not constitute certification. Agencies may rely on existing coordination programs as appropriate and may utilize applicable provisions of OAR chapter 660, division 30, in developing interim procedures to address ORS 197.180(6).

Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 197.040 & ORS 197.180
Hist.: LCDC 5-1986, f. & ef. 12-24-86

660-030-0085

Local Government Reliance on State Agency Land Use Programs

(1) As an alternative method for achieving compliance, a local government may rely on a state agency land use program for the purpose of meeting one or more statewide goals or individual goal requirements.

(2) A local government's decision to rely on a certified agency land use program after the effective date of the amendments to this division must satisfy all of the following conditions:

(a) The affected comprehensive plan must be acknowledged and shall:

(A) Identify the specific goals or goal requirements the local government wishes to comply with through reliance on the certified agency's land use program;

(B) Identify through plan policy the particular certified state agency land use program which will be relied on to comply with the goal requirements listed in paragraph (2)(a)(A) of this rule;

(C) Document in the plan that the Commission has expressly certified the agency's land use program as sufficient to satisfy the goal requirement's listed under paragraph (2)(a)(A) of this rule without supplemental regulation by the affected local government;

D) Delete or otherwise remove any conflicting provisions of the comprehensive plan and land use regulations which are being replaced by reliance on the certified state agency's program; and

(E) Adopt mandatory plan policies which commit the local government to amend its acknowledged comprehensive plan as necessary in the event that a future change or deletion of an agency land use program no longer enables the local government to continue to rely on the certified agency's program for compliance with the goals. The local government shall take action under this subsection upon written notification from the Department following a determination made under OAR 660-030-0075 that the agency's program can no longer be relied upon for goal compliance by the local government;

(b) In advance of making a formal request under subsection (2)(c) of this rule, a local government shall notify in writing the applicable state agency of its intent to rely on the agency's land use program for compliance with the goals; and

(c) The local government shall incorporate the items referenced under subsection (2)(a) of this rule into the acknowledged comprehensive plan either through the post-acknowledgment plan amendment procedure or through periodic review as required by ORS 197.610 - 197.650 and OAR chapter 660, divisions 18 and 19, respectively.

(3) A local government's decision to rely on an uncertified agency land use program after the effective date of the amendments to this division must satisfy all of the following conditions:

(a) the affected comprehensive plan must be unacknowledged for the geographic area which the local government intends the agency's program to address;

(b) The comprehensive plan shall:

(A) Identify the specific goals or goal requirements the local government wishes to comply with through reliance on the uncertified agency's program;

(B) Identify through plan policy the particular uncertified state agency program which will be relied on to comply with the goal requirements listed in paragraph (3)(b)(A) of this rule;

(C) Contain adopted findings of fact and a statement of reasons which demonstrate that the agency's program does comply with the goal requirement(s) identified under paragraph (3)(b)(A) of this rule and the agency's program is at least equivalent to what the local government would otherwise provide to comply with the goal(s);

(D) Delete or otherwise remove any conflicting provisions of the comprehensive plan and land use regulations which are being replaced by reliance on the uncertified state agency's program; and

(E) Adopt mandatory plan policies which commit the local government to amend its comprehensive plan as necessary in the event that the local government is no longer able to rely on the agency's program for compliance as a result of:

(i) A change or deletion of the agency's program prior to certification by the Commission;

(ii) Certification of the agency's program pursuant to this division; or

(iii) Receipt of written notice from the Department following a determination under OAR 660-030-0075 that the agency's program can no longer be relied upon for goal compliance by local government.

(c) In advance of submitting its acknowledgment request to the Commission for compliance as provided under section (3) of this rule, a local government shall notify in writing the applicable state agency of its intent to rely on the agency's uncertified program for compliance with the goals.

Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 197.040 & ORS 197.180
Hist.: LCDC 5-1986, f. & ef. 12-24-86

660-030-0090

Relationship Between OAR chapter 660, divisions 30 and 31

(1) The purpose of OAR chapter 660, division 31 (entitled "State Permit Compliance and Compatibility") pursuant to ORS 197.180(7), is to specify state agency responsibilities for goal compliance and comprehensive plan compatibility for agency land use programs which involve the issuance of state permits. For certain permits, OAR chapter 660, division 31 also establishes a process for a state agency to rely on a local government's determination of goal compliance and comprehensive plan compatibility obligation under ORS 197.180.

(2) A state agency in its agency coordination program, pursuant to OAR 660-030-0060(3)(d) shall provide the following:

(a) A list of the agency's Class A and B permits affecting land use, including those permits listed in OAR 660-031-0012;

(b) A description as required by OAR 660-031-0026 of the process the agency will use to assure that permit approvals are in compliance with the goals and compatible with acknowledged comprehensive plans; and

(c) Definitions, as appropriate, of the terms "substantial modifications" of "intensification" as required by OAR 660-031-0040 involving renewal permits.

Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 197.040 & ORS 197.180
Hist.: LCDC 5-1986, f. & ef. 12-24-86

660-030-0095

Application

(1) These amendments to OAR chapter 660, division 30 shall be effective upon state agencies and other affected persons upon filing of the adopted amendments with the Secretary of State.

(2) Any state agency with a coordination program certified by the Commission prior to the effective date of these amendments shall modify as necessary and submit to the Department in accordance with OAR 660-030-0045(1) amendments to its coordination program to address the revised requirements of OAR chapter 660, division 30.

Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 197.040 & ORS 197.180
Hist.: LCDC 5-1986, f. & ef. 12-24-86

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