Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 8 - INTERPRETATION OF GOAL 10 HOUSING › Section 660-008-0070 - Non-Compliance in Adoption and Implementation of Strategies to Meet Future Housing Need Identified in a Housing Production Strategy Report

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall review a city's Housing Production
				Strategy Report and narrative reports pursuant to OAR 660-008-0060  based upon
				criteria provided in OAR 660-008-0055. If there is a delinquency in the
				adoption or implementation of an identified strategy, the Department may engage
				with the city in one or more of the following actions:
(1) If circumstances impede a city's ability
			 to implement one or more Strategies to Meet Future Housing Need in coherence
			 with the timeline adopted in the city's Housing Production Strategy Report, the
			 city must notify the Department of the expected delinquency within 90 days of
			 the end of the timeline to implement the specific Strategy to Meet Future
			 Housing Need adopted in the city's Housing Production Strategy Report. The
			 notice must identify specific actions, or a combination of actions, that the
			 city is currently taking, or will take, to address the delinquency. This may
			 include, but is not required to include, amendments to the adopted Housing
			 Production Strategy Report such that the city identifies a different action, or
			 combination of actions, to address the specific housing need. The Department
			 and the city may agree to remediation either through enhanced review of the
			 documents, directed technical assistance to overcome the impediment as
			 available, or other similar agreement.
(2) If a city does not take sufficient action
			 to mitigate the identified delinquency, either through a failure to provide
			 notice to the Department as provided in section (1) or through a failure to
			 implement the specific actions, or combination of actions, by the timeline
			 identified in the notice to the Department pursuant to section (1), the
			 Department shall work with the city and may seek mitigation of the issues
			 through an Intergovernmental Agreement outlining specific compliance actions, a
			 timeline of deliverables, and subsequent enforcement actions. The
			 Intergovernmental Agreement may or may not include directed technical
			 assistance or financial resources.
(3) If the Department and the city have
			 entered into an Intergovernmental Agreement under section (2) and the city, at
			 the discretion of the Department, has not sufficiently mitigated the identified
			 delinquency, the Department may remove the city from consideration of technical
			 assistance or financial resource awards.
(4) If the Department finds that the city
			 consistently or routinely does not satisfy the terms of Intergovernmental
			 Agreements and the criteria provided in OAR 660-008-0055  or this section, the
			 Department may petition the Commission to act under ORS
			 197.319 to
			 197.335 to require the city to comply with ORS
			 197.295 to
			 197.314,
			 this division, or statewide land use planning goals related to housing or
			 urbanization.
Statutory/Other Authority: ORS
				  197.040
Statutes/Other Implemented: ORS
				  197.290,
				  ORS
				  197.291,
				  ORS
				  197.293,
				  ORS
				  197.296  & ORS
				  197.303