justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.180 History: 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). Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.180 History: 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. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.180 History: 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. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.180 History: LCDC 5-1986, f. & ef. 12-24-86
660-031-0005 Introduction Purpose The purpose of this rule is to clarify state agency responsibilities to apply the Statewide Planning Goals and acknowledged Comprehensive Plans during permit reviews (ORS 197.180(1) through (7)). The rule establishes procedures and standards which require consideration of Goals and Acknowledged Plans prior to approval of state permits. The rule establishes a process for state agencies to rely on a local determination of compliance with the State Planning Goals and the Acknowledged Comprehensive Plan when issuing certain permits. The rule also requires that affected state agencies develop and submit to LCDC procedures for consistency review. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.180 History: LCDC 2-1984, f. & ef. 2-27-84 LCDC 9-1978, f. & ef. 9-22-78
660-031-0010 Definitions (1) “Acknowledged Comprehensive Plan” means a comprehensive plan and implementing ordinances that have been adopted by a city or county and have been found by the Land Conservation and Development Commission to be in compliance with the Statewide Planning Goals pursuant to ORS 197.251. (2) “Affected Local Government” means the unit of general purpose local government that has comprehensive planning authority over the area where the proposed activity and use would occur. (3) “Class A Permits” are state permits affecting land use that require public notice and public hearing at the agency’s discretion prior to permit approval, including those permits identified as Class A permits in OAR 660-031-0012(1). (4) “Class B Permits” are those state permits affecting land use which do not require public notice or an opportunity for public hearing before permit issuance, including those permits identified as Class B permits in OAR 660-031-0012(2). Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.180 History: LCDC 2-1984, f. & ef. 2-27-84 LCDC 9-1978, f. & ef. 9-22-78
660-031-0012 Listing of Class A and Class B State Agency Permits Affecting Land Use (1) Class A Permits: (a) Department of Energy (DOE) — Energy Facility Site Certificates; (b) Department of Fish and Wildlife (DFW) — Salmon Hatchery Permit; (c) Department of State Lands (DSL) — Fill and Removal Permit; (d) Parks and Recreation Department (OPRD) — Ocean Shore Improvement Permit; (e) Department of Environmental Quality — Hazardous Waste Disposal, Collection or Storage Permit. (2) Class B Permits: (a) Department of Agriculture — Oyster plat application; (b) Department of Environmental Quality: (A) Air Contaminant Discharge Permit; (B) Waste Discharge Permit (National Pollution Discharge Elimination System — NPDES); (C) Indirect Source Permit; (D) Water Pollution Control Permit; (E) Solid Waste Disposal Permit. (c) Department of Fish and Wildlife — Placing Explosives or Harmful Substances in Waters Permit; (d) Department of Geology and Mineral Industries: (A) Surface Mining Operation Permit; (B) Permit to Drill — Geothermal Well; (C) Permit to Drill — Oil or Gas Well. (e) Protective Health Services Section, Health Division, Department of Human Resources: (A) Public Water Supply Plan; (B) Organization Camp Plan Review; (C) Recreational Vehicle Park Plan Review. (f) Water Resources Department: (A) Appropriate Groundwater; (B) Appropriate Surface Water; (C) Water Storage; (D) Hydroelectric. (g) Department of Transportation (DOT): (A) Road Approach; (B) Airport Site Approval; (C) On and Off-Premise Signs. (h) Department of State Lands — Geophysical and Geological Survey Permits; (i) Public Utility Commissioner (PUC) — Railroad Highway Crossing Project. Statutory/Other Authority: ORS 197 & ORS 197.040 Statutes/Other Implemented: ORS 197.180 History: LCDD 4-2025, minor correction filed 10/01/2025, effective 10/01/2025 LCDC 2-1984, f. & ef. 2-27-84 LCDC 9-1978, f. & ef. 9-22-78
660-031-0015 Identification of Class A and Class B Permits Affected state agencies shall upon request of the Commission submit a program for permit consistency listing their Class A and Class B permits affecting land use including those set forth in Appendix 1. Upon submitting its program to the Commission, an agency may request a change in the designation of Class A and Class B permits. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.180 History: LCDC 2-1984, f. & ef. 2-27-84 Reverted to LCDC 9-1978, f. & ef. 9-22-78 LCDC 1-1983(Temp), f. & ef. 1-31-83 LCDC 9-1978, f. & ef. 9-22-78
660-031-0025 Review Criteria for Class A and B Permits (1) Where the affected local government does not have an Acknowledged Comprehensive Plan, the state agency’s or local government’s review shall assess whether or not the proposed activity and use are in compliance with the Statewide Planning Goals. (2) Where the affected local government has an Acknowledged Comprehensive Plan, the state agency or local government review shall address compatibility with the Acknowledged Comprehensive Plan when the activity or use is: (a) Prohibited by the plan; (b) Allowed outright by the plan; (c) Allowed by the plan but subject to standards regarding siting, design, construction and/or operation; or (d) Allowed by the plan but subject to future goal considerations by the local jurisdiction. (3) Where the affected local government has an Acknowledged Comprehensive Plan the Statewide Planning Goals shall be a criteria for permit review after acknowledgment when the state agency finds one of the following exists: (a) Local government or the Director has determined during periodic review that one or more factors under ORS 197.640(3)(a)(b) or (d) apply; (b) The Acknowledged Comprehensive Plan and implementing ordinances do not address or control the activity under consideration; (c) The Acknowledged Comprehensive Plan allows the activity or use but subject to future goal considerations by an agency; or (d) The comprehensive plan or land use regulations are inconsistent with a state agency plan or program relating to land use that was not in effect at the time that the local government’s plan was acknowledged; and, the plan or program is mandated by state statute or federal law, is consistent with the Goals and has objectives that cannot be achieved consistent with the comprehensive plan or land use regulations. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.180 History: LCDC 2-1984, f. & ef. 2-27-84 Reverted to LCDC 9-1978, f. & ef. 9-22-78 LCDC 1-1983(Temp), f. & ef. 1-31-83 LCDC 9-1978, f. & ef. 9-22-78
660-031-0026 Compliance and Compatibility Review Procedures for Class A and B Permits State Agency Coordination Agreements shall describe the process the agency will use to assure that permit approvals are in compliance with Statewide Planning Goals and compatible with Acknowledged Comprehensive Plans: (1) Class A Permits: In their review of Class A permits state agencies shall: (a) Include in the notice for the proposed permit a statement that the proposed activity and use are being reviewed for compliance with the Statewide Planning Goals and compatibility with the Acknowledged Comprehensive Plan as part of the permit review; (b) Insure that the notice for the proposed permit is distributed to the affected city(ies) or county(ies) and its citizen advisory committee; (c) When there is a public hearing on a proposed permit, consider testimony on compliance of the proposed activity and use with the Statewide Planning Goals and compatible with the Acknowledged Comprehensive Plan; (d)(A) Based on comments received from the public and other agencies, determine whether or not the proposed permit complies with the Statewide Planning Goals and is compatible with the Acknowledged Comprehensive Plan; (B) If a state agency’s existing process for administration of Class A permits is substantially equivalent to the process required by this section, the agency may request LCDC approval of its existing process as described in its agency coordination agreement. (2) Class B Permits: In accordance with OAR 660-031-0020 and 660-031-0035(2), the review process shall assure either: (a) That prior to permit issuance, the agency determines that the proposed activity and use are in compliance with Statewide Planning Goals and compatible with the applicable Acknowledged Comprehensive Plan; or (b) That the applicant is informed that: (A) Issuance of the permit is not a finding of compliance with the Statewide Planning Goals and compatibility with the Acknowledged Comprehensive Plan; and (B) The applicant must receive a land use approval from the affected local government. The affected local government must include a determination of compliance with the Statewide Planning Goals or compatibility with the Acknowledged Comprehensive Plan which must be supported by written findings as required in ORS 215.416(6) or 227.173(2). Findings for an activity or use addressed by the acknowledged comprehensive plan in accordance with OAR 660-031-0020, may simply reference the specific plan policies, criteria, or standards which were relied upon in rendering the decision and state why the decision is justified based on the plan policies, criteria or standards. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.180 History: LCDC 2-1984, f. & ef. 2-27-84
660-031-0030 Effect of a Determination of Noncompliance or Incompatibility In accordance with OAR 660-031-0020 when a state agency or local government determines that a proposed activity or use is not in compliance with an applicable Statewide Planning Goal or not compatible with the Acknowledged Comprehensive Plan, the state agency shall deny the state permit and cite the inconsistency as the basis for denial. State agencies may defer approval or conditionally approve a permit when compliance with a Statewide Planning Goal or the Acknowledged Comprehensive Plan requires an action that can only be taken by the affected local government. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.180 History: LCDC 2-1984, f. & ef. 2-27-84 Reverted to LCDC 9-1978, f. & ef. 9-22-78 LCDC 1-1983(Temp), f. & ef. 1-31-83 LCDC 9-1978, f. & ef. 9-22-78
660-031-0035 Reliance on the Local Government’s Determination (1) Class A Permits: When making findings, state agencies may use the affected local government’s compatibility determination when the agency finds the affected local government has determined that the proposed activity and use are compatible or incompatible with its Acknowledged Comprehensive Plan. (2) Class B Permits: State agencies may rely on the affected local government’s determination of consistency with the Statewide Planning Goals and compatibility with the Acknowledged Comprehensive Plan when the local government makes written findings demonstrating compliance with the goals or compatibility with the acknowledged plan in accordance with OAR 660-031-0026(2)(b)(B). Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.180 History: LCDC 2-1984, f. & ef. 2-27-84 Reverted to LCDC 9-1978, f. & ef. 9-22-78 LCDC 1-1983(Temp), f. & ef. 1-31-83 LCDC 9-1978, f. & ef. 9-22-78
660-031-0040 Renewal Permits A determination of compliance with the Statewide Planning Goals or compatibility with Acknowledged Comprehensive Plan is not required if the proposed permit is a renewal of an existing permit except when the proposed permit would allow a substantial modification or intensification of the permitted activity. Substantial modifications or intensification shall be defined in an agencies’ State Agency Coordination Agreement under ORS 197.180. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.180 History: LCDC 2-1984, f. & ef. 2-27-84 LCDC 1-1983(Temp), f. & ef. 1-31-83
660-032-0000 Purpose and Applicability (1) The rules in this division provide standards and procedures to implement ORS 195.033 to 195.036 and statewide planning Goals regarding population forecasts for land use planning purposes. (2) The rules in this division do not apply to a review of a final land use decision or periodic review work task adopted by a local government and submitted to the Department of Land Conservation for review under ORS 197.626 or 197.633 prior to the effective date of this rule. Statutory/Other Authority: ORS 197.040 & 195.033(10) Statutes/Other Implemented: ORS 195.033, 195.036 & OL 2013 Ch. 574 & Sec. 3 History: LCDD 1-2015, f. & cert. ef. 3-25-15
660-032-0010 Definitions (1) For purposes of this division, the definitions in ORS 197.015 and the Statewide Land Use Planning Goals (OAR chapter 660, division 15) apply, except as provided in sections (4) and (8) of this rule. (2) “Final Forecast” means the final population forecast issued by the Portland State University Population Research Center (PRC) for land use purposes as required by ORS 195.033 and as provided in OAR 577-050-0030 to 577-050-0060. (3) "Initiates" means that the local government either: (a) Issues a public notice specified in OAR 660-018-0020, including a notice to the department, for a proposed plan amendment that concerns a subject described in 660-032-0040(2); or (b) Receives the Director’s approval, as provided in OAR 660-025-0110, of a periodic review work program that includes a work task concerning a subject described in 660-032-0040(2). (4) “Local Government” means a city, county or Metro. (5) “Metro” means a metropolitan service district organized under ORS chapter 268. (6) "Metro boundary" means the boundary of a metropolitan service district. (7) “PRC” means the Portland State University Population Research Center. (8) “Special district” means any unit of local government, other than a city, county or metropolitan service district formed under ORS chapter 268, authorized and regulated by statute and includes but is not limited to water control districts, domestic water associations and water cooperatives, irrigation districts, port districts, regional air quality control authorities, fire districts, school districts, hospital districts, mass transit districts and sanitary districts. (9) "Urban area" means the land within an urban growth boundary. (10) “Urban Growth Boundary” shall have the meaning provided in ORS 197.295(7). Statutory/Other Authority: ORS 197.040 & 195.033(10) Statutes/Other Implemented: ORS 195.033, 195.036 & OL 2013 Ch. 574 & Sec. 3 History: LCDD 1-2015, f. & cert. ef. 3-25-15
660-032-0020 Population Forecasts for Land Use Planning (1) A local government with land use jurisdiction over land that is outside the Metro boundary shall apply the most recent final forecast issued by the PRC under OAR 577-050-0030 through 577-050-0060, when changing a comprehensive plan or land use regulation that concerns such land, when the change is based on or requires the use of a population forecast, except that a local government may apply an interim forecast as provided in 660-032-0040. (2) A local government within the Metro boundary shall apply the Metro forecast described in OAR 660-0032-0030 when changing a regional framework plan, comprehensive plan or land use regulation of the local government, when the change is based on or requires the use of a population forecast. (3) When a state agency or special district adopts or amends a plan or takes an action which, under Statewide Planning Goal 2 or other law, must be consistent with the comprehensive plan of a local government described in section (1) of this rule, and which is based on or requires the use of a population forecast, and if the local government has not adopted the most recent PRC final forecast as part of the plan, the most recent PRC final forecast shall be considered to be the long range forecast in the comprehensive plan, except as provided in OAR 660-032-0040. (4) When applying a PRC forecast for a particular planning period, the local government shall use the annual increments provided in the applicable forecast, and shall not adjust the forecast for the start-year or for other years of the planning period except as provided in PRC’s interpolation template described in OAR 577-050-0040. (5) If a local government outside the Metro boundary initiates a periodic review or any other legislative review of its comprehensive plan that concerns an urban growth boundary or other matter authorized by OAR 660-032-0040(2) after the Portland State University Population Research Center issues a final population forecast for the local government, but prior to the issuance of a final forecast by PRC in the subsequent forecasting cycle described in OAR 577-050-0040(7), the local government may continue its review using the forecast issued in PRC’s previous forecasting cycle. Statutory/Other Authority: ORS 197.040 & 195.033(10) Statutes/Other Implemented: ORS 195.033, 195.036 & OL 2013 Ch. 574 & Sec. 3 History: LCDD 1-2015, f. & cert. ef. 3-25-15
660-032-0030 Metro Area Population Forecasts (1) Metro, in coordination with local governments within its boundary, shall issue a coordinated population forecast for the entire area within its boundary, to be applied by Metro and local governments within the boundary as the basis for a change to a regional framework plan, comprehensive plan or land use regulation, when such change must be based on or requires the use of a population forecast. (2) Metro shall allocate the forecast to the cities and portions of counties within the Metro boundary for land use planning purposes. (3) In adopting its coordinated forecast, Metro must follow applicable procedures and requirements in this rule and ORS 197.610 to 197.650, and must provide notice to state agencies and all local governments in the Metro area. The forecast must be adopted as part of the applicable regional or local plan. (4) The Metro forecast must be developed using commonly accepted practices and standards for population forecasting used by professional practitioners in the field of demography or economics. The forecast must be based on current, reliable and objective sources and verifiable factual information, and must take into account documented long-term demographic trends as well as recent events that have a reasonable likelihood of changing historical trends. Metro must coordinate with the PRC in the development and allocation of its forecast. (5) The population forecast developed under the provisions of (1) through (4) of this rule is a prediction which, although based on the best available information and methodology, should not be held to an unreasonably high level of precision. For a forecast used as a basis for a decision adopting or amending the Metro regional urban growth boundary submitted to the Department of Land Conservation and Development (DLCD) under ORS 197.626, the director of DLCD or the Land Conservation and Development Commission may approve the forecast provided it finds that any failure to meet a particular requirement of this rule is insignificant and is unlikely to have a significant effect on the determination of long term needs for the Metro urban area under OAR 660-024-0040. Statutory/Other Authority: ORS 197.040 & 195.033(10) Statutes/Other Implemented: ORS 195.033, 195.036 & OL 2013 Ch. 574 & Sec. 3 History: LCDD 1-2015, f. & cert. ef. 3-25-15
660-033-0010 Purpose The purpose of this division is to preserve and maintain agricultural lands as defined by Goal 3 for farm use, and to implement ORS 215.203 through 215.327 and 215.438 through 215.459 and 215.700 through 215.799. Statutory/Other Authority: ORS 183, 197.040, 197.230 & 197.245 Statutes/Other Implemented: ORS 197.015, 197.040, 197.230, 197.245, 215.203, 215.243 & 215.700 History: LCDD 4-2011, f. & cert. ef. 3-16-11 LCDC 3-1994, f. & cert. ef. 3-1-94 LCDC 6-1992, f. 12-10-92, cert. ef. 8-7-93