Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 3 - PROCEDURE FOR REVIEW AND APPROVAL OF COMPLIANCE ACKNOWLEDGMENT REQUEST › Section 660-003-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this rule, the definitions contained in ORS
				197.015 apply. In addition, the
				following definitions apply:
(1)
			 "Acknowledgment of Compliance" is an order of the commission issued pursuant to
			 ORS 197.251(1) that
			 certifies that a comprehensive plan and land use regulation, land use
			 regulations or plan or regulation amendment complies with the goals.
(2) "Affected Agencies and Districts" are
			 state and federal agencies, special districts and other local governments
			 having programs affecting land use.
(3) "Comments" are opinions, beliefs, or
			 other information which a person, local coordinating body or local government
			 wants the commission to consider in reviewing an acknowledgment
			 request.
(4) "Objections" are
			 statements or positions by persons (including the local coordinating body,
			 affected agencies or districts) opposing the granting of an Acknowledgment of
			 Compliance.
(5) "Compliance
			 Schedule" is a listing of the tasks which a local government must complete in
			 order to bring its comprehensive plan, land use regulations and land use
			 decisions into initial compliance with the goals, including a generalized time
			 schedule showing when the tasks are estimated to be completed and when a
			 comprehensive plan or land use regulations which comply with the goals are
			 estimated to be adopted.
(6) "Urban
			 Planning Area" is a geographical area within an urban growth
			 boundary.
(7) "Continuance" is an
			 order of the commission issued pursuant to ORS
			 197.251(1) that
			 certifies that a comprehensive plan, land use regulations or both do not comply
			 with one or more goals and certifies that section(s) of the plan or regulation
			 or both comply with one or more of the goals. The order specifies amendments or
			 other action that the local government must complete within a specified time
			 period for acknowledgment to occur. The order is final for purposes of judicial
			 review of the comprehensive plan, land use regulation or both as to the goals
			 with which the plan, regulation or both the plan and regulation are in
			 compliance.
(8) "Denial" is an
			 order of the commission issued pursuant to ORS
			 197.251(1) that
			 certifies that a comprehensive plan, land use regulations or both do not comply
			 with one or more goals. The order specifies amendments or other actions that
			 the local government must complete for acknowledgment to occur. The order is
			 used when the amendments or other changes required in the comprehensive plan,
			 land use regulation or both affect many goals and are likely to take a
			 substantial period of time to complete.
(9) "Record of Proceedings Before the Local
			 Government", as used in ORS
			 197.251, means the materials
			 submitted to the director as part of an acknowledgment request in accordance
			 with OAR 660-003-0010(2)(a), (b) and (c), supporting evidence and documents and
			 any official minutes or tapes of meetings leading to the adoption of a
			 comprehensive plan, land use regulations or amendments thereto. Supporting
			 evidence and documents listed, but not submitted with the acknowledgment
			 request as provided in OAR 660-003-0010(2)(b)  shall be considered part of the
			 record of proceedings before the local government and part of the record of
			 proceedings before the local government and part of the record before the
			 commission. Notwithstanding the requirements of OAR 660-003-0010(2)(b)  the
			 director may require that such evidence or documents, or a copy, be provided to
			 the department for convenience or if required for judicial review. This
			 definition applies to all acknowledgment requests, corrections submitted
			 pursuant to a commission's continuance order and new acknowledgement requests
			 subsequent to a commission's denial order submitted to the director after the
			 effective date of this rule.
(10)
			 "Filing" or "Submitted" for purposes of these rules shall mean that the
			 required documents have been received by the department at its Salem, Oregon
			 office.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.015 &
				  197.251