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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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OREGON WATERSHED ENHANCEMENT BOARD

 

DIVISION 50

COMPLIANCE, COMPATIBILITY, COORDINATION, and CONDITIONS

695-050-0010

Purpose

These rules establish policies and procedures for assuring that Board actions that affect land use comply with Statewide Planning Goals and are compatible with acknowledged comprehensive plans. These rules also prescribe measures for providing technical assistance to local governments, participation in periodic review of comprehensive plans, resolution of land use disputes and other aspects of state agency coordination required by OAR chapter 660, division 30. These rules and coordination rules in OAR chapter 695, constitute the Board's state agency coordination program pursuant to ORS 197.180.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

695-050-0015

Definitions

(1) "Action" means grant-related activities governed by OAR chapter 695, or the adoption, amendment, or implementation of any future Board rule or program found to affect land use pursuant to OAR 660-030-0005(2).

(2) "Land Use Approval" means a final decision or determination made by a local government that concerns the adoption, amendment, or application of the goals or comprehensive plan provisions or implementing ordinances.

(3) "Planning Director" means the director of county or city planning departments, an appropriate designee, or other local official responsible for carrying out land use planning functions.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

695-050-0020

Policy

State law establishes a complementary relationship between state and local management of watersheds. The Board is required by statute to fund restoration, maintenance, and enhancement of watersheds to protect the well-being of the state and its citizens. Board programs will, however, be planned and implemented by responsible parties at the local level. Local comprehensive plans must provide inventories of local watersheds as well as measures for protecting and managing those watersheds in order to comply with Statewide Planning Goals. In order to carry this out, local governments are encouraged to use watershed council assessments and action plans where appropriate. The Board recognizes that coordination between state, local and federal agencies responsible for land management is essential to meeting policy objectives for watershed enhancement established in ORS 541.890 through 541.969. In carrying out its mandate, the Board will maximize the effectiveness of its watershed enhancement efforts by incorporating and accommodating land use objectives as prescribed in acknowledged comprehensive plans.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

695-050-0025

Applicability

These rules will apply to Board actions authorized and governed by OAR chapter 695.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

695-050-0030

Compliance with Statewide Planning Goals

(1) Except as provided in section (2) of this rule, Board actions will comply with the Statewide Planning Goals by ensuring compatibility with acknowledged comprehensive plans as described in these rules and OAR chapter 695.

(2) The Board will adopt findings that its actions comply with the Statewide Planning Goals if:

(a) An acknowledged comprehensive plan does not contain:

(A) Requirements or conditions specifically applicable to a Board action; or

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

(b) Other conditions outlined in OAR 660-030-0065 exist.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

695-050-0035

Compatibility with Acknowledged Comprehensive Plans

(1) The Board will assure that its actions are compatible with acknowledged comprehensive plans by following provisions established in OAR chapter 695. These provisions will:

(a) Require grant applicants to obtain and submit land use information with the application package; and

(b) Preclude the distribution of grant awards until the planning directors of affected counties or cities verify that: the project is allowed by and compatible with comprehensive plans; and, all local land use approvals have been issued.

(2) The Board will avoid land use disputes with local government agencies following procedures prescribed in section (1) of this rule. However, the Board will provide for appropriate resolution measures as required by OAR 660-030-0070(4) and (7) through (12) if warranted.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

695-050-0040

Compliance of New or Amended Rules and Programs and their Compatibility with Acknowledged Comprehensive Plans

(1) The Board will examine proposals to amend or add to its rules and programs to determine if they affect any use as prescribed in OAR 660-030-0005(2). The Board may approve supplementary criteria for use in making its determination.

(2) The Board will notify the Department of Land Conservation and Development and any local governments relying on the Board for goal compliance as provided in OAR 660-030-0085 of all pending rule or program changes which are found to affect land use as described in section (1) of this rule. The notice will describe:

(a) The proposal;

(b) How the proposal affects land use;

(c) How the proposal provides for compliance with the Goals and compatibility with comprehensive plans; and

(d) A date until which the Board will accept written and oral comment on the proposal.

(3) The Board will not approve any rule or program changes, which have been identified in responses to the notice provided pursuant to section (2) of this rule, as out of compliance with the Goals or incompatible with acknowledged comprehensive plans.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

695-050-0045

Coordination with State and Federal Agencies and Special Districts

The Board will coordinate its actions with state and federal agencies and special districts as required in OAR 660-030-0060(c) by complying with the interagency coordination provisions in ORS 541.890 through 541.972. These provisions include:

(1) Encouraging individuals, organizations and agencies to work jointly on watershed enhancement programs.

(2) Coordinating the development of local watershed enhancement programs and projects.

(3) Coordinating the implementation of enhancement projects with the activities of the Natural Resources Division of the Oregon Department of Agriculture, and other affected local, state and federal agencies.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

695-050-0050

Cooperation with, and Technical Assistance to, Local Governments

(1) The Board will place a high priority on cooperating with and providing technical assistance to participating agencies as prescribed in ORS 541.890 through 541.972.

(2) The Board will maintain information relating to watershed management and enhancement.

(3) The Board will coordinate its participation in periodic review of comprehensive plans with the Water Resources Department pursuant to provisions in the Department's certified state agency coordination program.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

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

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