reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 27 - URBAN AND RURAL RESERVES IN THE PORTLAND METROPOLITAN AREA › Section 660-027-0070 - Planning of Urban and Rural Reserves

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Urban reserves are the highest priority
			 for inclusion in the urban growth boundary when Metro expands the UGB, as
			 specified in Goal 14, OAR chapter 660, division 24, and in ORS
			 197.298.
(2) In order to maintain opportunities for
			 orderly and efficient development of urban uses and provision of urban services
			 when urban reserves are added to the UGB, counties shall not amend
			 comprehensive plan provisions or land use regulations for urban reserves
			 designated under this division to allow uses that were not allowed, or smaller
			 lots or parcels than were allowed, at the time of designation as urban reserves
			 until the reserves are added to the UGB, except as specified in sections (4)
			 through (6) of this rule.
(3)
			 Counties that designate rural reserves under this division shall not amend
			 comprehensive plan provisions or land use regulations to allow uses that were
			 not allowed, or smaller lots or parcels than were allowed, at the time of
			 designation as rural reserves unless and until the reserves are re-designated,
			 consistent with this division, as land other than rural reserves, except as
			 specified in sections (4) through (6) of this rule.
(4) Notwithstanding the prohibitions in
			 sections (2) and (3) of these rules, counties may adopt or amend comprehensive
			 plan provisions or land use regulations as they apply to lands in urban
			 reserves, rural reserves or both, unless an exception to Goals 3, 4, 11 or 14
			 is required, in order to allow:
(a) Uses that
			 the county inventories as significant Goal 5 resources, including programs to
			 protect inventoried resources as provided under OAR chapter 660, division 23,
			 or inventoried cultural resources as provided under OAR chapter 660, division
			 16;
(b) Public park uses, subject
			 to the adoption or amendment of a park master plan as provided in OAR chapter
			 660, division 34;
(c) Roads,
			 highways and other transportation and public facilities and improvements, as
			 provided in ORS 215.213 and
			 215.283, OAR 660-012-0065, and
			 660-033-0130  (agricultural land) or OAR chapter 660, division 6 (forest lands);
(d) Other uses and land divisions
			 that a county could have allowed under ORS
			 215.130(5) -
			 (11) or as an outright permitted use or as a conditional use under ORS
			 215.213 and
			 215.283 or Goal 4 if the county
			 had amended its comprehensive plan to conform to the applicable state statute
			 or administrative rule prior to its designation of rural reserves;
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 27 - URBAN AND RURAL RESERVES IN THE PORTLAND METROPOLITAN AREA › Section 660-027-0080 - Local Adoption and Commission Review of Urban and Rural Reserves

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Metro and
			 county adoption or amendment of plans, policies and other implementing measures
			 to designate urban and rural reserves shall be in accordance with the
			 applicable procedures and requirements of ORS
			 197.610 to
			 197.650.
(2) After designation of urban and rural
			 reserves, Metro and applicable counties shall jointly and concurrently submit
			 their adopted or amended plans, policies and land use regulations implementing
			 the designations to the Commission for review and action in the manner provided
			 for periodic review under ORS
			 197.628 to
			 197.650.
(3) Metro and applicable counties shall:
(a) Transmit the intergovernmental agreements
			 and the submittal described in section (2) in one or more suitable binders
			 showing on the outside a title indicating the nature of the submittal and
			 identifying the submitting jurisdictions.
(b) Prepare and include an index of the
			 contents of the submittal. Each document comprising the submittal shall be
			 separately indexed, and
(c)
			 Consecutively number pages of the submittal at the bottom of the page,
			 commencing with the first page of the submittal.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 28 - OREGON TRANSFER OF DEVELOPMENT RIGHTS PILOT PROGRAM › Section 660-028-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this division, the definitions contained in ORS
				197.015 and the Statewide Land
				Use Planning Goals (OAR chapter 660, division 15) apply. In addition, the
				following definitions apply:
(1)
			 "Conservation easement" has the meaning provided in ORS
			 271.715.
(2) "Local Government" means a city, county,
			 metropolitan service district or state agency as defined in ORS
			 171.133.
(3) "Receiving area" means a designated area
			 of land to which a holder of development rights generated from a sending area
			 may transfer the development rights, and in which additional residential or
			 other uses or development, not otherwise allowed, are allowed by reason of the
			 transfer.
(4) "Sending area" means
			 a designated area of resource land from which development rights generated from
			 forgone development are transferable, for residential uses or development not
			 otherwise allowed, to a receiving area.
(5) "Transferable development right or TDR"
			 means a severable residential development interest in real property that can be
			 transferred from a lot, parcel or tract in a sending area to a lot, parcel or
			 tract in a receiving area. This term has the same meaning as "transferable
			 development credit" under Oregon Laws 2009, chapter 504, section
			 2(10).
Stat. Auth.: ORS
				  197.040
Stats. Implemented: 2009 OL Ch 636, ¦ 6
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 28 - OREGON TRANSFER OF DEVELOPMENT RIGHTS PILOT PROGRAM › Section 660-028-0020 - Selection of Pilot Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule establishes the process for the
			 commission to select up to three TDR pilot projects from among projects
			 nominated by one or more local governments, as provided in Oregon Laws 2009,
			 chapter 636.
(2) A proposed TDR
			 pilot project will be considered by the department and the commission if the
			 local governments with land use jurisdiction over the proposed sending and
			 receiving areas submit:
(a) A completed
			 application form;
(b) A letter of
			 interest along with the owner(s) of at least fifty percent of the land in the
			 proposed sending area;
(c) A
			 concept plan consistent with the requirements of OAR 660-028-0030  that
			 describes the proposed TDR pilot project and that includes:
(A) Proposed amendments to the local
			 government comprehensive plan and land use regulations necessary to implement
			 the pilot project, a tentative schedule for adoption of the amendments, and a
			 description of any other proposed actions intended to implement the proposed
			 TDR pilot project;
(B) Maps and
			 other pertinent information describing the proposed sending areas and receiving
			 areas;
(C) Proposed transfer ratios
			 as specified in OAR 660-028-0030(5)  and other incentives for participation;
			 and
(D) A letter from a qualified
			 entity as defined in ORS
			 271.715 expressing interest in
			 holding and monitoring any conservation easement or similar restriction to
			 ensure that development rights are transferred off of the proposed sending
			 area.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 28 - OREGON TRANSFER OF DEVELOPMENT RIGHTS PILOT PROGRAM › Section 660-028-0030 - Requirements for TDR Pilot Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At the time the local government(s)
			 submits an application for a proposed TDR pilot project, the proposed sending
			 area must be planned and zoned for forest use, may not exceed 10,000 acres, and
			 must contain four or fewer dwelling units per square mile.
(2) At the time the local government(s)
			 submits an application for a proposed TDR pilot project, the proposed receiving
			 area or areas may not be located within 10 miles of the Portland metropolitan
			 area urban growth boundary. The receiving area or areas must be only the
			 appropriate size necessary to accommodate the anticipated development rights
			 that will reasonably be generated and transferred from the sending area, with
			 consideration of uses and density to be authorized under the proposed
			 amendments to the local government comprehensive plan and land use regulations
			 to implement the proposed TDR pilot project if it is selected.
(3) In proposing a receiving area for a TDR
			 pilot project, the local government must select the area based on consideration
			 of the following priorities:
(a) First
			 priority is lands within an urban growth boundary.
(b) Second priority is lands that are
			 adjacent to an urban growth boundary and that are subject to an exception to
			 Goal 3 or Goal 4.
(c) Third
			 priority is lands that are:
(A) Within a
			 designated urban unincorporated community or rural community; or
(B) In a resort community, or a rural service
			 center, that contains at least 100 dwelling units at the time the pilot project
			 is approved.
(d) Fourth
			 priority is exception areas approved under ORS
			 197.732 that are adjacent to
			 urban unincorporated communities or rural communities, if the county agrees to
			 bring the receiving area within the boundaries of the community and to provide
			 the community with water and sewer service.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 29 - Oregon State Archives › Section 660-029-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
In 2007, Oregon voters approved Measure 49 (M49), which
				authorized certain property owners to develop additional home sites. M49 also
				authorized counties to establish a system for the purchase and sale of
				severable development interests (known as transferable development credits or
				TDCs) for the purpose of allowing development to occur in a location that is
				different from the location in which the M49 development interest arises
				(Oregon Laws 2007, chapter 424, subsection 11(8) and ORS
				94.531). The purpose of this
				division is to provide a framework for counties to adopt local ordinances to
				establish these systems. These systems may enable landowners to realize the
				value of their M49 authorizations without developing the property from which
				the claims arose. These systems may allow landowners, on a voluntary basis, to
				transfer their development interests under M49 from one property to another
				property at a more suitable location, reducing the adverse impact of scattered
				M49 residential development on farm, forest and other resource
				land.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  195.300-195.336; 2007 OL, ch.
				  424
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 29 - Oregon State Archives › Section 660-029-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this division, the definitions contained in ORS
				197.015 and the Statewide Land
				Use Planning Goals (OAR chapter 660, division 15) apply. In addition, the
				following definitions apply:
(1)
			 "Conservation easement" has the meaning provided in ORS
			 271.715.
(2) "Measure 49" or "M49" means Oregon Laws
			 2007, chapter 424 (Ballot Measure 49); Oregon Laws 2009, chapter 855 (also
			 known as House Bill 3225); Oregon Laws 2010, chapter 8 (also known as Senate
			 Bill 1049); Oregon Laws 2011, chapter 612 (also known as House Bill 3620) and
			 OAR 660-041-0000  to 660-041-0180.
(3) "Measure 49 Property" or "M49 property"
			 means the entire property authorized for home site development as described
			 either:
(a) In the final order issued by the
			 Department of Land Conservation and Development (department) for the
			 supplemental review of Measure 37 claims pursuant to Measure 49; or
(b) In a court order issued upon judicial
			 review of a department M49 order described in subsection (a).
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 29 - Oregon State Archives › Section 660-029-0020 - County Authority to Establish a M49 TDC System

Current through Register Vol. 63, No. 7, July 1, 2024
Counties may establish a system, consistent with this division,
				to allow for the creation and transfer of TDCs from M49 properties. Counties
				that choose to adopt a M49 TDC system shall:
(1) Adopt a local ordinance that meets the
			 requirements of this division; and
(2) Amend the comprehensive plan and
			 implementing ordinances to:
(a) Designate M49
			 properties that are eligible sending properties as provided in OAR
			 660-029-0030;
(b) Establish bonus
			 credits, if any, that will apply to certain sending properties as provided in
			 OAR 660-029-0040;
(c) Designate
			 receiving areas or create a process for property owners to apply for
			 designation of lands as receiving areas, as provided in OAR 660-029-0080;
(d) Adopt any applicable overlay
			 zones or other measures necessary to implement the TDC system; and
(e) Determine whether the TDC system will
			 provide for transfer to other counties in the region, as provided in OAR
			 660-029-0100.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 29 - Oregon State Archives › Section 660-029-0030 - Sending Properties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 county may only designate sending properties consisting of M49 properties:
(a) For which new dwellings have been
			 authorized by a M49 final determination;
(b) That have lawful access; and
(c) That are located:
(A) Within a zone or overlay zone adopted
			 pursuant to Goals 3, 4, 15, 16, 17 or 18;
(B) Within a zone or overlay zone explicitly
			 adopted for conservation or preservation of natural areas pursuant to Goals 5
			 or 8; or
(C) In an area identified
			 in OAR 660-029-0040(3)(b) through (e).
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 29 - Oregon State Archives › Section 660-029-0040 - Calculation and Types of Transferable Development Credits

Current through Register Vol. 63, No. 7, July 1, 2024
When an applicant submits an application to a county under OAR
				660-029-0050, the county shall determine the number of credits that may be
				transferred from the applicable M49 property consistent with this rule.
(1) One credit is available for each new
			 dwelling authorized in the M49 final order issued by the department, subject to
			 the conditions of approval, court order, or both.
(2) A county may grant bonus credits as
			 provided in section (3) as an additional incentive to relocate potential
			 development from M49 properties that are a high priority for conservation.
			 Bonus credits may only be granted if the M49 property meets all of the
			 requirements in subsections (a) through (c) below.
(a) The M49 property is within a zone or
			 overlay zone described in OAR 660-029-0030(1)(c)(A) or (B);
(b) No dwellings authorized by M49 have been
			 developed on the M49 property. A M49 property with one existing permanent
			 dwelling as of January 1, 2005, may qualify for bonus credits; and
(c) The M49 property in its entirety is
			 subject to a conservation easement or restrictive covenant that prohibits
			 future development in accordance with OAR 660-029-0060.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 29 - Oregon State Archives › Section 660-029-0050 - Process for Creating Transferable Development Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant may apply to a county that
			 has established a M49 TDC system under OAR 660-029-0020  to convert dwelling
			 authorizations under M49 into TDCs. The county shall evaluate the application
			 based on the locally-adopted M49 TDC ordinance and this division to determine
			 whether the dwelling authorizations under M49 are eligible for conversion to
			 TDCs, and how many credits will be created, including any bonus credits.
(2) When a county preliminarily
			 approves an application, the county will:
(a)
			 Send notice to the department, including the application, the preliminary
			 approval, any proposed restrictive covenant and any proposed conservation
			 easement; and
(b) Request an
			 Amended Final Order and TDC certificates from the department.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 29 - Oregon State Archives › Section 660-029-0060 - Protection of Sending Properties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To qualify for bonus credits under OAR
			 660-029-0040, the M49 property must be permanently restricted from future
			 development or land division for any purpose other than:
(a) Farm use as defined in ORS
			 215.203;
(b) Agricultural buildings as defined in ORS
			 455.315;
(c) Replacement dwellings as provided in OAR
			 660-033-0130(8)  and 660-006-0025(3)(p);
(d) Farm stands as provided in OAR
			 660-033-0130(23);
(e) Forest
			 operations as defined in OAR 660-006-0005;
(f) Uses to conserve soil, air and water
			 quality and to provide for wildlife and fisheries resources;
(g) Conservation areas or natural resource
			 uses that do not require a land use decision; and
(h) Home occupations as provided in OAR
			 660-033-0120, OAR 660-006-0025(4)(s)  and local regulations.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 29 - Oregon State Archives › Section 660-029-0070 - Conveyance of TDC Ownership

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prior to conveying ownership of a TDC, the owner of the TDC must submit notice
			 of the conveyance to the department, using an online form provided by the
			 department.
(2) On receipt of a
			 notice of conveyance, the department shall acquire verification of the
			 conveyance from the previous owner.
(3) Conveyance of a TDC is a conveyance for
			 the purposes of Oregon Laws 2007, chapter 424, subsection 11(6),. Upon transfer
			 of the TDC to a person other than the spouse of the owner who obtained the
			 authorization or the trustee of a revocable trust in which the owner who
			 obtained the authorization is the settlor, the person receiving the TDC must
			 use the TDC within 10 years of the conveyance. If the M49 property was conveyed
			 prior to creation of the TDCs, the owner must use the TDCs within 10 years of
			 the first conveyance.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  195.300-195.336; 2007 OL, ch.
				  424
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 29 - Oregon State Archives › Section 660-029-0080 - Designation of Receiving Areas

Current through Register Vol. 63, No. 7, July 1, 2024
A county may only designate receiving areas as provided in
				sections (1) and (2) of this rule, subject to the limitations of sections (3)
				and (4).
(1) Rural Residential
			 exceptions areas may be designated as receiving areas. A local TDC system may
			 authorize a higher density of residential development on all or portions of
			 such areas than is allowable by OAR 660-004-0040, as provided in OAR
			 660-029-0090(2).
(2) Substantially
			 developed subdivisions in areas that are planned and zoned for farm or forest
			 use outside rural reserves may be designated as receiving areas. A local TDC
			 system may authorize residential development not otherwise allowable in the
			 underlying farm or forest zone, provided:
(a)
			 The subdivision was approved prior to January 1, 1985;
(b) All existing lots in the subdivision are
			 five acres or smaller if the property is in western Oregon as defined in ORS
			 321.257 or 10 acres or smaller
			 if the property is in eastern Oregon as defined in ORS
			 321.805;
(c) At least 50 percent of the lots in the
			 subdivision are developed with a dwelling and at least 50 percent of the
			 undeveloped lots are adjacent to a developed lot;
(d) One dwelling per lot is permitted, with
			 no new land divisions allowed; and
(e) The county approves a reasons exception
			 pursuant to OAR chapter 660, division 4.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 29 - Oregon State Archives › Section 660-029-0090 - Process for Using Transferable Development Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person who proposes to use TDCs within
			 a receiving area shall submit an application to the county accompanied by TDC
			 certificates sufficient to permit the proposed development.
(2) If TDCs are used in a rural residential
			 receiving area under the provisions of OAR 660-029-0080(1), then the lot or
			 parcel may be divided to site the additional dwelling or dwellings. The lots or
			 parcels resulting from the division must have sufficient area within the
			 receiving area for the dwelling and all supporting infrastructure. New lots or
			 parcels may be as small as five acres in all cases. New lots or parcels may be
			 smaller than five acres if the proposed size is equal to or greater than the
			 average size of lots and parcels within exception areas within one-half mile of
			 the edge of the subject property. The new lots or parcels may not be smaller
			 than two acres in any case.
(3) If
			 an applicant proposes to use a TDC on a lot or parcel that is partially within
			 the receiving area and partially outside of the receiving area, then the
			 dwelling and all supporting infrastructure authorized by the TDC must be
			 located entirely within the receiving area.
(4) The county shall evaluate the application
			 based on the locally-adopted TDC ordinance and the provisions of this division
			 in order to determine the type and number of credits that are required to be
			 submitted. Based on this evaluation, the county may preliminarily approve the
			 application and shall request verification from the department of the type and
			 number of credits that belong to the applicant, using an online form provided
			 by the department.
(5) The
			 department shall verify the type and number of credits that belong to the
			 applicant.
(6) Following
			 department verification, the county may approve the application and shall
			 notify the department within 30 days of any approval.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  195.300-195.336; 2007 OL, ch.
				  424
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 29 - Oregon State Archives › Section 660-029-0100 - Interjurisdictional Transfer of Development Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Counties may enter into cooperative
			 agreements under ORS chapter 195 to establish a system for the transfer of TDCs
			 between the counties that are parties to the agreement, subject to the
			 limitations in section (2).
(2)
			 TDCs may only be transferred within the regions described below:
(a) Metro, including Clackamas, Multnomah and
			 Washington counties.
(b)
			 Willamette Valley, including Benton, Linn, Marion, Polk and Yamhill counties,
			 and that portion of Lane County outside of the Coastal Zone defined in OAR
			 660-035-0010(1).
(c) Coastal,
			 including Clatsop, Columbia, Coos, Curry, Lincoln and Tillamook counties and
			 those portions of Douglas and Lane counties in the Coastal Zone defined in OAR
			 660-035-0010(1).
(d) Southern,
			 including Jackson and Josephine counties, and that portion of Douglas County
			 outside the Coastal Zone defined in OAR 660-035-0010(1).
(e) Central, including Crook, Deschutes, Hood
			 River, Jefferson, Klamath and Wasco counties.
(f) Eastern, including Baker, Gilliam, Grant,
			 Harney, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa and Wheeler
			 counties.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 29 - Oregon State Archives › Section 660-029-0110 - TDC Bank Option

Current through Register Vol. 63, No. 7, July 1, 2024
A county or regional or state agency may establish a TDC bank
				to facilitate:
(1) Buying TDCs from
			 M49 sending properties;
(2)
			 Selling TDCs for potential use in receiving areas;
(3) Managing funds available for the purchase
			 and sale of TDCs;
(4) Serving as a
			 clearinghouse and information source for buyers and sellers of TDCs; and
(5) Accepting donations of TDCs
			 from M49 sending properties.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  195.300-195.336; 2007 OL, ch.
				  424
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 29 - Oregon State Archives › Section 660-029-0120 - Amending or Abolishing a TDC System

Current through Register Vol. 63, No. 7, July 1, 2024
If a county amends or abolishes a TDC system, the county shall
				notify the owners of all TDCs that have not been used. The county must allow at
				least 12 months for an owner of TDCs to use them under the prior
				system.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  195.300-195.336; 2007 OL, ch.
				  424
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 30 - REVIEW AND APPROVAL OF STATE AGENCY COORDINATION PROGRAMS › Section 660-030-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 30 - REVIEW AND APPROVAL OF STATE AGENCY COORDINATION PROGRAMS › Section 660-030-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 30 - REVIEW AND APPROVAL OF STATE AGENCY COORDINATION PROGRAMS › Section 660-030-0045 - Submittal of Agency Coordination Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 30 - REVIEW AND APPROVAL OF STATE AGENCY COORDINATION PROGRAMS › Section 660-030-0050 - Notice of Review of Agency Coordination Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 30 - REVIEW AND APPROVAL OF STATE AGENCY COORDINATION PROGRAMS › Section 660-030-0055 - Review of Agency Coordination Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 30 - REVIEW AND APPROVAL OF STATE AGENCY COORDINATION PROGRAMS › Section 660-030-0060 - Required Elements of an Agency Coordination Program

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 30 - REVIEW AND APPROVAL OF STATE AGENCY COORDINATION PROGRAMS › Section 660-030-0065 - Agency Compliance With the Statewide planning Goals

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 30 - REVIEW AND APPROVAL OF STATE AGENCY COORDINATION PROGRAMS › Section 660-030-0070 - Agency Compatibility with Acknowledged Comprehensive Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 30 - REVIEW AND APPROVAL OF STATE AGENCY COORDINATION PROGRAMS › Section 660-030-0075 - Review of Amendments to Agency Rules and Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 30 - REVIEW AND APPROVAL OF STATE AGENCY COORDINATION PROGRAMS › Section 660-030-0080 - Agency Requirements to Assure Compliance With the State Goals and Compatibility With Acknowledged Comprehensive Plans prior to Certification by the Commission

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 30 - REVIEW AND APPROVAL OF STATE AGENCY COORDINATION PROGRAMS › Section 660-030-0085 - Local Government Reliance on State Agency Land Use Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(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;
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 30 - REVIEW AND APPROVAL OF STATE AGENCY COORDINATION PROGRAMS › Section 660-030-0090 - Relationship Between OAR chapter 660, divisions 30 and 31

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 30 - REVIEW AND APPROVAL OF STATE AGENCY COORDINATION PROGRAMS › Section 660-030-0095 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 31 - STATE PERMIT COMPLIANCE AND COMPATIBILITY › Section 660-031-0005 - Introduction Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 31 - STATE PERMIT COMPLIANCE AND COMPATIBILITY › Section 660-031-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Stat. Auth.: ORS 197
Stats. Implemented: ORS
				  197.180