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 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 530.040 (Board of Forestry Lands), and procedures for the exchange of land in 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 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. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197 & 530.010 - 530.290 History: FB 7-1990, f. 9-21-90, cert. ef. 10-1-90