reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 658 - DEPARTMENT OF AGRICULTURE, OREGON POTATO COMMISSION › Division 50 - RULES FOR PUBLIC RECORDS REQUESTS › Section 658-050-0010 - Purpose of Public Records Request Processing Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To implement the provisions of ORS
			 192.324(7)
			 that require each public body to publish its methods for the public to obtain
			 information and in order to implement the provisions of ORS
			 192.318 to provide reasonable rules necessary for the protection of Oregon Potato Commission
			 records and to prevent interference with the regular discharge of the commission
			 duties, the commission adopts the procedures set forth in this division. Procedures
			 for review of any denial of public records requests, or fee waiver or reduction,
			 shall be in accordance with the provisions of ORS
			 192.311 to
			 192.478.
(2) Capitalized terms in this division not
			 specifically defined are as defined in ORS
			 192.311.
(3) Commodity Commission is as defined in ORS 576,
			 ORS 577 and ORS 578.
Statutory/Other Authority: ORS
				  192.318(2),
				  ORS
				  576.304(14),
				  ORS 183
Statutes/Other Implemented: ORS
				  192.324,
				  ORS
				  192.329
Oregon Administrative Rules › Chapter 658 - DEPARTMENT OF AGRICULTURE, OREGON POTATO COMMISSION › Division 50 - RULES FOR PUBLIC RECORDS REQUESTS › Section 658-050-0020 - Request to Inspect or Make Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to inspect or receive a copy a
			 public record must be made in writing and must identify as specifically as possible
			 the type of record(s), subject matter, approximate date(s), names of person(s),
			 business or organization involved, and the number of copies requested; and the name,
			 address, email, and phone number of the person requesting the public record(s).
(2) Requests must be sent to the
			 "Administrator/Public Records Information Officer" at the office of the commission
			 at 9320 SW Barbur Blvd, Suite 130, Portland, OR 97219.
Statutory/Other Authority: ORS
				  192.318(2),
				  ORS
				  576.304(14),
				  ORS 183
Statutes/Other Implemented: ORS
				  192.324,
				  ORS
				  192.329
Oregon Administrative Rules › Chapter 658 - DEPARTMENT OF AGRICULTURE, OREGON POTATO COMMISSION › Division 50 - RULES FOR PUBLIC RECORDS REQUESTS › Section 658-050-0030 - Commission Procedure for Responses to Public Records Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission may request additional
			 information or clarification from a requester of public records for the purpose of
			 expediting the commission's response to the request.
(2) Within five business days after receiving the
			 request, the commission shall acknowledge receipt of the request or complete the
			 response to the request. An acknowledgment under this subsection must:
(a) Confirm that the commission is the custodian
			 of the requested record; or
(b) Inform
			 the requester that the commission is not the custodian of the requested record;
			 or
(c) Notify the requester that the
			 commission is uncertain whether the commission is the custodian of the requested
			 record.
Oregon Administrative Rules › Chapter 658 - DEPARTMENT OF AGRICULTURE, OREGON POTATO COMMISSION › Division 50 - RULES FOR PUBLIC RECORDS REQUESTS › Section 658-050-0040 - Exceptions to Established Time Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 commission is not required to comply with the time periods set forth in this
			 division if the commission finds that compliance would be impracticable because:
(a) The staff or volunteers necessary to complete
			 a response to the public records request are unavailable, on leave, or are not
			 scheduled to work; or
(b) Compliance
			 would demonstrably impede the commission's ability to perform other necessary
			 services; or
(c) Of the volume of public
			 records requests being simultaneously processed by the commission.
Oregon Administrative Rules › Chapter 658 - DEPARTMENT OF AGRICULTURE, OREGON POTATO COMMISSION › Division 50 - RULES FOR PUBLIC RECORDS REQUESTS › Section 658-050-0050 - Fee for Cost of Making Public Records Available

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following fees are reasonably calculated
			 to reimburse the commission for the commission's actual cost of making public
			 records available, including costs for summarizing, compiling or tailoring the
			 public records, either in organization or media, to meet the request.
(a) Records search by clerical staff @ $25.00 per
			 hour;
(b) Records search by managerial
			 staff @ $40.00 per hour;
(c) Records
			 search by professional or legal staff @ $75.00 per hour;
(d) Copies @ current state printing &
			 distribution price list;
(e) Media @
			 statewide price agreement;
(f) Postage @
			 current postal rates;
(g) If the request
			 appears to require commission services for which no fee has been established
			 (computer time, travel, shipping cost, communication costs, etc.) the actual cost
			 shall be determined or estimated by the commission.
Oregon Administrative Rules › Chapter 658 - DEPARTMENT OF AGRICULTURE, OREGON POTATO COMMISSION › Division 50 - RULES FOR PUBLIC RECORDS REQUESTS › Section 658-050-0060 - Fee Waiver or Reduction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 requesting a fee waiver or reduction from the commission must submit a completed Fee
			 Waiver or Reduction Request Form available from the commission to the commission at
			 the address provided in 658-050-0020.
(2) The commission may furnish copies without
			 charge or at a substantially reduced fee if the commission determines that a fee
			 waiver or reduction of fees is in the public interest because making the record
			 available primarily benefits the general public.
(3) To determine whether to waive or reduce fees,
			 the commission shall utilize the Public Interest Evaluation Form as provided in DAS
			 policy 107-001-030.
(4) The reduced fee
			 schedule is that listed in Department of Administrative Services policy 107-001-030:
(a) Clerical: $20 per hour;
(b) Managerial: $32 per hour;
(c) Professional: $60 per hour;
(d) Department of Justice, special attorney or
			 other applicable legal fees;
(e) Copies,
			 media, and postage fees will be based on current rates.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 660-001-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as provided in OAR 660-001-0000(2)  and ORS
			 183.335(7),
			 prior to the adoption, amendment, or repeal of any permanent rule, the
			 Department of Land Conservation and Development shall give notice of the
			 proposed adoption, amendment, or repeal:
(a)
			 In the Secretary of State's Bulletin referred to in ORS
			 183.360 at least 21 days prior
			 to the effective date of the rule;
(b) By mailing a copy of the notice and
			 proposed rule(s) to persons on the Department of Land Conservation and
			 Development's mailing list established pursuant to ORS
			 183.335(8) at
			 least 28 days before the effective date of the rule, including electronic
			 notices if allowed by law;
(c) By
			 mailing a copy of the notice, including electronic mailing and also publication
			 on the department website, of notices to the persons, groups of persons,
			 organizations, and associations who the department considers to be interested
			 in such adoption;
(d) By mailing or
			 furnishing a copy of the notice to the Associated Press and Capitol Press
			 Room;
(e) By mailing a copy of the
			 notice to the legislators specified in ORS
			 183.335(15) at
			 least 49 days before the effective date of the rule;
(f) The department, at its discretion, may
			 purchase a display ad in a newspaper of statewide circulation to publicize the
			 rulemaking; and
(g) In instances
			 where the rulemaking adopts, amends or repeals a statewide planning goal, the
			 department shall provide additional notice as required by statute.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 660-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to the provisions of ORS
			 183.341, the Land Conservation
			 and Development Commission adopts the Attorney General's Model Rules and
			 Uniform Rules of Procedure under the Administrative Procedure Act, effective
			 July 1, 2019, except for that portion of OAR 137-003-0092(2)  regarding the
			 number of calendar days allowed to act on a stay request. The number of
			 calendar days allowed to act on a stay request shall be 75 days rather than 30
			 days.
(2) Pursuant to the
			 provisions of ORS 183.457 and OAR 137-003-0008,
			 the Land Conservation and Development Commission authorizes parties and limited
			 parties to contested case proceedings to be represented by an authorized
			 representative, subject to the other requirements of ORS
			 183.457 and OAR
			 137-003-0008.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or the Land
				  Conservation and Development
				  Department.
Statutory/Other Authority: ORS
				  197.040
Statutes/Other Implemented: ORS
				  183.341 & ORS
				  183.457
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 660-001-0007 - Request for Stay - Agency Determination

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided in OAR 660-001-0005(1)  with regard to the
				number of calendar days allowed to act on a stay request, agency determinations
				concerning a request for a stay will be processed under OAR 137-003-0090  to
				137-003-0092.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS 183, 195, 196, 197 & OAR Ch.
				  137
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 660-001-0201 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definition, and the definitions in ORS
				197.015 and
				197.090(2)(e),
				apply to rules 660-001-0210  through 660-001-0220: "Affected local government"
				means the local government, as defined in ORS
				197.015, that made or adopted
				the land use decision, expedited land division or limited land use decision at
				issue in the director's request under these rules.
Stat. Auth.: ORS
				  197.040(1)(c)
Stats. Implemented: ORS
				  197.090
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 660-001-0210 - Timing of Director's Request

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a meeting of the commission is
			 scheduled to occur six or fewer days before the close of the applicable appeal
			 period, or the period for intervention in an appeal, the director shall seek
			 commission approval before appealing, or intervening in, a land use decision,
			 expedited land division or limited land use decision to the Land Use Board of
			 Appeals. If the next scheduled meeting of the commission does not occur or a
			 quorum of the commission is unavailable at the scheduled meeting, the
			 department shall proceed as provided in section (2) of this rule.
(2) If there is no commission meeting
			 scheduled to occur six or fewer days before the close of the applicable appeal
			 period, or the period for intervention in an appeal, the director may file, or
			 intervene in, the appeal and report the action to the commission and request
			 permission to pursue the appeal, or intervention, at the commission's next
			 scheduled meeting.
Stat. Auth.: ORS
				  197.040(1)(c)
Stats. Implemented: ORS
				  197.090
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 660-001-0220 - Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 director seeks commission approval to file or pursue an appeal, or an
			 intervention in an appeal, of a land use decision, expedited land division or
			 limited land use decision, the department shall provide written notice to the
			 applicant and the affected local government. The notice shall:
(a) Identify the land use decision, expedited
			 land division or limited land use decision at issue;
(b) Give the date and location of the
			 commission meeting at which the director will seek commission approval to file
			 or pursue an appeal, or an intervention in an appeal, of the identified
			 action;
(c) Inform the applicant
			 and affected local government that each may provide written and oral testimony
			 to the commission concerning whether to approve the director's request;
			 and
(d) Include a list of the
			 factors in OAR 660-001-0230(3), on which all testimony and the commission's
			 decision must be based.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 660-001-0230 - Commission Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Only the director, or department staff on the director's behalf, the applicant
			 and the affected local government may submit written or oral testimony
			 concerning whether the commission should approve the director's request to file
			 or pursue an appeal, or an intervention in an appeal, of a land use decision,
			 expedited land division or limited land use decision.
(2) Unless the director allows a closer
			 deadline, written testimony must be submitted at least five days before the
			 commission meeting to be provided to commission members in advance of the
			 meeting. Written testimony shall be no more than five pages, including any
			 attachments, and must be received in the Department's Salem office to be
			 "submitted" by the deadline. If the time to submit written testimony under
			 these rules falls on a Saturday, Sunday, or state legal holiday, the time to
			 perform the obligation shall be shortened to the next day preceding that is not
			 a Saturday, Sunday, or state legal holiday.
(3) Written and oral testimony and the
			 commission's decision to approve or deny the director's request shall be based
			 on one, or more, of the following factors:
(a)
			 Whether the case will require interpretation of a statewide planning statute,
			 goal, or rule;
(b) Whether a ruling
			 in the case will serve to clarify state planning law;
(c) Whether the case has important
			 enforcement value;
(d) Whether the
			 case concerns a significant natural, cultural, or economic resource;
(e) Whether the case advances the objectives
			 of the agency's Strategic Plan; or
(f) Whether there is a better way to
			 accomplish the objective of the appeal, such as dispute resolution, enforcement
			 proceedings, or technical assistance.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 660-001-0400 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The words and
			 phrases used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(2) Nothing in this rule affects any
			 confidentiality created by other law. Nothing in this rule relieves a public
			 body from complying with the Public Meetings Law, ORS
			 192.610 to
			 192.690. Whether or not they are
			 confidential under this or other rules of the agency, mediation communications
			 are exempt from disclosure under the Public Records Law to the extent provided
			 in ORS 192.410 to
			 192.505.
(3) This rule applies only to mediations in
			 which the agency is a party or is mediating a dispute as to which the agency
			 has regulatory authority. This rule does not apply when the agency is acting as
			 the "mediator" in a matter in which the agency also is a party as defined in
			 ORS 36.234.
(4) To the extent mediation communications
			 would otherwise compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Mediations Excluded.
			 Sections (6)-(10) of this rule do not apply to:
(a) Mediation of workplace interpersonal
			 disputes involving the interpersonal relationships between this agency's
			 employees, officials or employees and officials, unless a formal grievance
			 under a labor contract, a tort claim notice or, a lawsuit has been filed;
			 or
(b) Mediation in which the
			 person acting as the mediator will also act as the hearings officer in a
			 contested case involving some or all of the same matters; or
(c) Mediation in which the only parties are
			 public bodies; or
(d) Mediation
			 involving two or more public bodies and a private party if the laws, rule, or
			 policies governing mediation confidentiality for at least one of the public
			 bodies provide that mediation communications in the mediation are not
			 confidential; or
(e) Mediation
			 involving 15 or more parties if the agency has designated that another
			 mediation confidentiality rule adopted by the agency may apply to that
			 mediation.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 660-001-0410 - Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule applies to workplace interpersonal disputes, which are disputes
			 involving the interpersonal relationships between this agency's employees,
			 officials, or employees and officials. This rule does not apply to disputes
			 involving the negotiation of labor contracts or matters about which a formal
			 grievance under a labor contract, a tort claim notice or a lawsuit has been
			 filed.
(2) The words and phrases
			 used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(3) Nothing in this rule affects any
			 confidentiality created by other law.
(4) To the extent mediation communications
			 would otherwise compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Disclosures by Mediator.
			 A mediator may not disclose, or be compelled to disclose, mediation
			 communications in a mediation and, if disclosed, such communications may not be
			 introduced into evidence in any subsequent administrative, judicial, or
			 arbitration proceeding unless:
(a) All the
			 parties to the mediation and the mediator agree in writing to the disclosure;
			 or
(b) The mediation communication
			 may be disclosed or introduced into evidence in a subsequent proceeding as
			 provided in subsections (c) or (h)-(j) of section (7) of this rule.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 2 - DELEGATION OF AUTHORITY TO DIRECTOR › Section 660-002-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This rule delegates to the Director of the Department of Land
				Conservation and Development (Director) certain duties and responsibilities in
				addition to those conferred upon the Director by ORS Chapter 197 and other
				administrative rules adopted by the Land Conservation and Development
				Commission (Commission). This rule further provides for review by the
				Commission of any action taken by the Director pursuant to this delegation of
				authority, except that all actions of the Director under OAR 660-002-0010(8)
 
				are final and will not be reviewed by the Commission unless legislation is
				enacted that appropriates funds for the payment of claims under Chapter 1,
				Oregon Laws 2005.
Stat. Auth.: ORS 183 & 197
Stats. Implemented: ORS197.040,
				  197.045 &
				  197.090
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 2 - DELEGATION OF AUTHORITY TO DIRECTOR › Section 660-002-0010 - Authority to Director

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the other duties and responsibilities conferred
				on the Director by ORS Chapter 197, the Director shall exercise and hereinafter
				be vested with authority to:
(1)
			 Assent to a modification of a planning extension or a compliance schedule of a
			 city or county in accordance with ORS
			 197.251(2);
(2) Condition a compliance schedule in
			 accordance with ORS 197.252;
(3) Approve a planning assistance grant
			 agreement with a city or county, including modifications thereto; and
(4) Request that the Commission schedule a
			 hearing to consider an enforcement order if the Director has good cause to
			 believe that any of the conditions exist as set forth in ORS
			 197.320(1) through
			 (10);
(5) Execute any written order, on behalf of
			 the Commission, which has been consented to in writing by the parties adversely
			 affected thereby;
(6) Prepare and
			 execute written orders, on behalf of the Commission, implementing any action
			 taken by the Commission on any matter;
(7) Establish procedures by which the
			 Director shall periodically review and report to the Commission the status of
			 comprehensive plans within each city and county;
(8) Carry out the responsibilities and
			 exercise the authorities of the Commission and DLCD in responding to claims
			 under ORS 197.352 (2004 Ballot Measure 37)
			 and Chapter 424, Oregon Laws 2007 (2007 Ballot Measure 49), including:
(a) Review of claims made under ORS
			 197.352 and Chapter 424, Oregon
			 Laws 2007;
(b) Denial of claims
			 under ORS 197.352 and Chapter 424, Oregon
			 Laws 2007; and
(c) Approval of
			 claims under ORS 197.352 and Chapter 424, Oregon
			 Laws 2007, except that the Director may approve a claim only by not applying
			 the land use regulations that are the basis of the claim unless legislation is
			 enacted that appropriates funds for the payment of claims under ORS
			 197.352 or Chapter 424, Oregon
			 Laws 2007.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 2 - DELEGATION OF AUTHORITY TO DIRECTOR › Section 660-002-0015 - Notice of Director's Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director shall establish procedures
			 which shall be reasonably calculated to provide notice to interested member of
			 the public and other units of government of the Director's actions taken
			 pursuant to OAR 660-002-0010.
(2)
			 The Director shall provide the Commission with a monthly report summarizing
			 actions taken by the Director during the preceding month pursuant to this rule
			 and any written public comments received by the Department which pertain to
			 those actions.
Stat. Auth.: ORS 183 & 197
Stats. Implemented: ORS
				  197.040,
				  197.045 &
				  197.090
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 2 - DELEGATION OF AUTHORITY TO DIRECTOR › Section 660-002-0020 - Commission Review of Director's Action Under Rule 660-002-0005

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any action of
			 the Director pursuant to the authority vested in the Director pursuant to OAR
			 660-002-0010  shall be reviewed by the Commission upon petition filed by any
			 "party" as defined in ORS
			 183.310(6) or
			 upon its own motion, except that all actions of the Director under OAR
			 660-002-0010(8)  are final and will not be reviewed by the Commission unless
			 legislation is enacted that appropriates funds for the payment of claims under
			 Chapter 1, Oregon Laws 2005.
(2)
			 Any petition filed pursuant to this section shall:
(a) Contain the name, address, and telephone
			 number of the petitioner and, if the petitioner is other than the governmental
			 body directly affected by the action, a brief statement of the petitioner's
			 interest in the outcome of the action sought to be reviewed or of the public
			 interest represented by the petitioner;
(b) Specify the action of the Director to be
			 reviewed, when that action was taken, the Commission action sought by the
			 petitioner, and the reason why the Commission should so act in the
			 matter;
(c) Be filed with the
			 Director or the Director's designee within fifteen days of the date of the
			 taking of the action sought to be reviewed.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 3 - PROCEDURE FOR REVIEW AND APPROVAL OF COMPLIANCE ACKNOWLEDGMENT REQUEST › Section 660-003-0010 - Acknowledgment Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When a local government has adopted a comprehensive plan and land use
			 regulations, as provided by ORS
			 197.175 and
			 197.250, prepared corrections
			 pursuant to a commission's continuance order, or prepares a new acknowledgment
			 request subsequent to a commission's denial order, it may request the
			 commission to grant an acknowledgment of compliance. An acknowledgment request
			 shall be sent to the director of the department.
(2) The acknowledgment request shall include:
(a) A list by ordinance number and adoption
			 date and six copies of the plans and implementing ordinances or land use
			 regulations, inventories and other factual information to be reviewed, provided
			 that two additional copies shall be required by the director for counties and
			 coastal jurisdictions;
(b) Six
			 copies of a list of all supporting documents, including minutes and tapes which
			 comprise the "record of proceedings" provided that two (2) additional copies
			 shall be required by the director for counties and coastal jurisdictions. The
			 list of all supporting evidence and documents shall identify any items not
			 included with each plan copy, briefly describe the contents of the items not
			 included and identify where those items may be examined by the commission,
			 department, affected agencies and districts and interested persons. The local
			 government shall make such supporting evidence and documents available at the
			 hearing before the commission held pursuant to OAR 660-003-0025;
(c) Six copies of a written statement setting
			 forth the means by which a plan for management of the unincorporated area
			 within the urban growth boundary will be completed and by which the urban
			 growth boundary may be modified (unless the same information is incorporated in
			 other documents submitted in the acknowledgment request), provided that two
			 additional copies shall be required by the director for counties and coastal
			 jurisdictions;
(d) The name and
			 address of the person representing the local government to receive notice of
			 commission consideration of the acknowledgment request and to receive a copy of
			 the director's report required under OAR 660-003-0025;
(e) A list of all affected agencies and
			 districts, including addresses, identified in the local government's agency
			 involvement program; and
(f) A list
			 of the names and addresses of the chairperson of the Committee for Citizen
			 Involvement and other citizen advisory committees, if any.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 3 - PROCEDURE FOR REVIEW AND APPROVAL OF COMPLIANCE ACKNOWLEDGMENT REQUEST › Section 660-003-0015 - Notice

Current through Register Vol. 63, No. 7, July 1, 2024
The department shall, in writing, provide notice of the
				procedures and time limits for making comments or objections and of the
				locations where the acknowledgment request documents can be inspected by the
				general public and specifically to the following (except as provided in OAR
				660-003-0032  through 660-003-0050):
(1) Affected agencies and districts
			 identified by the local government or the department;
(2) The Local Officials Advisory Committee
			 (LOAC) and the State Citizen Involvement Advisory Committee (CIAC);
(3) The county or regional planning agency
			 acting as the local coordination body pursuant to ORS
			 195.025;
(4) The chairpersons of the local
			 Committee(s) for Citizen Involvement and other citizen advisory committees
			 identified in the acknowledgment request pursuant to OAR
			 660-003-0010(2)(f);
(5) Any other
			 person(s) who have in writing to the department requested notice.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.251
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 3 - PROCEDURE FOR REVIEW AND APPROVAL OF COMPLIANCE ACKNOWLEDGMENT REQUEST › Section 660-003-0020 - Comments and Objections

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 After notice of receipt of the acknowledgment request has been mailed there
			 shall be a 45 day period to submit written comments or objections together with
			 any additional evidence to the department. However, after notice of receipt of
			 the acknowledgment request resubmitted subsequent to a continuance order has
			 been mailed there shall be a time period determined by the director of at least
			 20 days to submit written comments or objections together with any additional
			 evidence to the department.
(2) Any
			 person(s) commenting or objecting to an acknowledgment request are urged to
			 send written copy of their comments or objection(s) to the local government
			 which has requested acknowledgment. When an objection is based upon
			 site-specific goal requirements as applied to particular properties, the person
			 objecting is urged to send a written copy of the objection to those persons
			 owning the property which is the subject of the objection. State agency and
			 special district comments or objections shall be subject to the requirements of
			 ORS 197.254.
(3) The commission shall consider only those
			 comments and objections to an acknowledgment request that allege that the local
			 government's plan, ordinances or land use regulations do or do not comply with
			 one or more of the goals.
(4) Any
			 comments and objections or additional evidence which is not received by the
			 department within the time required by section (1) of this rule shall not be
			 considered by the commission unless the commission determines that such
			 evidence could not have been presented as required by section (1) of this
			 rule.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.251 &
				  197.254
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 3 - PROCEDURE FOR REVIEW AND APPROVAL OF COMPLIANCE ACKNOWLEDGMENT REQUEST › Section 660-003-0032 - Expedited Review Upon Reconsideration or Consideration of a Subsequent Request for Acknowledgment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the commission reconsiders an acknowledgment request pursuant to a
			 continuance order, the commission may expedite the acknowledgment procedure by
			 waiving, reducing or otherwise modifying the requirements of OAR 660-003-0010,
			 660-003-0015, and 660-003-0020; provided, however, that notice will be provided
			 to the local government, the coordination body, those persons who have
			 submitted comments or objections on this portion of the acknowledgment request
			 in accordance with the requirement of OAR 660-003-0020(1) and (2), those
			 persons who request notice in writing, and a general newspaper notice. Upon
			 resubmittal such notice shall state that there is at least a 20 day period to
			 be determined by the director for submission of written comments or objections
			 from the mailing of the notice of the receipt of the acknowledgment request.
			 However, in the judgment of the director, where continuances involve relatively
			 complex issues, the notice shall provide the maximum notice possible, up to 45
			 days.
(2) When the commission
			 reconsiders an acknowledgment request subsequent to a continuance order; the
			 commission shall expedite the acknowledgment procedure by relying on the
			 previous record and limiting additional comments and objections, affected
			 agency comments, and the department's review to only those aspects of a city's
			 or county's comprehensive plan or implementing ordinances previously identified
			 by the commission as not being in compliance.
(3) Upon receipt of corrections made pursuant
			 to a continuance order submitted by a local government the department shall
			 notify all persons who are entitled to notice of the local government's
			 acknowledgment request under section (1) of this rule, of the time and place
			 where the corrections may be inspected and the time within which objections or
			 comments to the corrections must be submitted.
(4) Written comments or objections to the
			 corrections made pursuant to a continuance order by the commission shall be
			 submitted to the department in accordance with OAR 660-003-0020.
(5) The commission's review of corrections
			 made pursuant to a continuance order or the commission's review of a new
			 acknowledgment request made subsequent to a denial by the commission will be
			 conducted in accordance with the requirements of OAR 660-003-0025.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.251
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 3 - PROCEDURE FOR REVIEW AND APPROVAL OF COMPLIANCE ACKNOWLEDGMENT REQUEST › Section 660-003-0033 - Expedited Notice Procedure for Acknowledgment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When during an acknowledgment review, a
			 city or county changes its plan or land use regulations after the comment
			 period provided for in either OAR 660-003-0020(1)  or 660-003-0032(1), the
			 director may determine that additional notice to the public or persons who have
			 submitted comments or objections is not necessary prior to consideration of the
			 jurisdiction's acknowledgment request by the commission. In making this
			 determination, the director shall carefully consider the complexity of the goal
			 compliance issues involved, the nature and number of comments and objections
			 previously received, the opportunities provided by the jurisdiction for public
			 review and comment on recent amendments and the length of time between the
			 adoption of the recent amendments and the date of commission action on the
			 jurisdiction's acknowledgment request. The department shall work closely with
			 persons who have previously submitted comments and objections and the
			 jurisdiction to resolve any conflicts concerning the additional amendments
			 prior to commission action on the acknowledgment request.
(2) The director may forego additional notice
			 to the public and persons who have submitted comments or objections only if the
			 jurisdiction provides general notice to the public and notifies persons who
			 submitted comments or objections in writing of an opportunity to participate in
			 the local hearing(s) regarding the adoption of the additional amendments. The
			 jurisdiction shall send a copy of the written notice to all persons who
			 submitted comments or objections and to the department in Salem.
(3) When the commission considers the
			 jurisdiction's request for acknowledgment, the commission shall allow testimony
			 from the public or persons who have submitted comments or objections which
			 allege inadequate opportunity for review of the jurisdiction's amendment
			 adopted after the comment deadline. If the commission determines that further
			 notice and opportunity for comment is needed, or if additional opportunity to
			 file exceptions to the director's report under ORS
			 197.251(3) is
			 required, it shall instruct the director to provide such notice and opportunity
			 for comment before the commission acts on the jurisdiction's acknowledgment
			 request.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.251
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 4 - INTERPRETATION OF GOAL 2 EXCEPTION PROCESS › Section 660-004-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this division is to interpret the requirements of Goal 2 and ORS
			 197.732 regarding exceptions.
			 This division explains the three types of exceptions set forth in Goal 2 "Land
			 Use Planning, Part II, Exceptions." Rules in other divisions of OAR 660 provide
			 substantive standards for some specific types of goal exceptions. Where this is
			 the case, the specific substantive standards in the other divisions control
			 over the more general standards of this division. However, the definitions,
			 notice, and planning and zoning requirements of this division apply to all
			 types of exceptions. The types of exceptions that are subject to specific
			 standards in other divisions are:
(a)
			 Standards for a demonstration of reasons for sanitary sewer service to rural
			 lands are provided in OAR 660-011-0060(9);
(b) Standards for a demonstration of reasons
			 for urban transportation improvements on rural land are provided in OAR
			 660-012-0070;
(c) Standards to
			 determine irrevocably committed exceptions pertaining to urban development on
			 rural land are provided in OAR 660-014-0030, and standards for demonstration of
			 reasons for urban development on rural land are provided in OAR
			 660-014-0040.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 4 - INTERPRETATION OF GOAL 2 EXCEPTION PROCESS › Section 660-004-0005 - 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 Statewide
				Planning Goals shall apply. In addition, the following definitions shall
				apply:
(1) An "Exception" is a
			 comprehensive plan provision, including an amendment to an acknowledged
			 comprehensive plan, that:
(a) Is applicable
			 to specific properties or situations and does not establish a planning or
			 zoning policy of general applicability;
(b) Does not comply with some or all goal
			 requirements applicable to the subject properties or situations; and
(c) Complies with ORS
			 197.732(2), the
			 provisions of this division and, if applicable, the provisions of OAR
			 660-011-0060, 660-012-0070, 660-014-0030  or 660-014-0040.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 4 - INTERPRETATION OF GOAL 2 EXCEPTION PROCESS › Section 660-004-0015 - Inclusion as Part of the Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A local government approving a proposed
			 exception shall adopt, as part of its comprehensive plan, findings of fact and
			 a statement of reasons that demonstrate that the standards for an exception
			 have been met. The reasons and facts shall be supported by substantial evidence
			 that the standard has been met.
(2)
			 A local government denying a proposed exception shall adopt findings of fact
			 and a statement of reasons that demonstrate that the standards for an exception
			 have not been met. However, the findings need not be incorporated into the
			 local comprehensive plan.
Stat. Auth.: ORS
				  197.040
Stats. Implemented ORS
				  197.732
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 4 - INTERPRETATION OF GOAL 2 EXCEPTION PROCESS › Section 660-004-0018 - Planning and Zoning for Exception Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. This rule explains the
			 requirements for adoption of plan and zone designations for exceptions.
			 Exceptions to one goal or a portion of one goal do not relieve a jurisdiction
			 from remaining goal requirements and do not authorize uses, densities, public
			 facilities and services, or activities other than those recognized or justified
			 by the applicable exception. Physically developed or irrevocably committed
			 exceptions under OAR 660-004-0025  and 660-004-0028  and 660-014-0030  are
			 intended to recognize and allow continuation of existing types of development
			 in the exception area. Adoption of plan and zoning provisions that would allow
			 changes in existing types of uses, densities, or services requires the
			 application of the standards outlined in this rule.
(2) For "physically developed" and
			 "irrevocably committed" exceptions to goals, residential plan and zone
			 designations shall authorize a single numeric minimum lot size and all plan and
			 zone designations shall limit uses, density, and public facilities and services
			 to those that satisfy (a) or (b) or (c) and, if applicable, (d):
(a) That are the same as the existing land
			 uses on the exception site;
(b)
			 That meet the following requirements:
(A) The
			 rural uses, density, and public facilities and services will maintain the land
			 as "Rural Land" as defined by the goals, and are consistent with all other
			 applicable goal requirements;
(B)
			 The rural uses, density, and public facilities and services will not commit
			 adjacent or nearby resource land to uses not allowed by the applicable goal as
			 described in OAR 660-004-0028; and
(C) The rural uses, density, and public
			 facilities and services are compatible with adjacent or nearby resource
			 uses;
(c) For uses in
			 unincorporated communities, the uses are consistent with OAR 660-022-0030,
			 "Planning and Zoning of Unincorporated Communities", if the county chooses to
			 designate the community under the applicable provisions of OAR chapter 660,
			 division 22;
(d) For industrial
			 development uses and accessory uses subordinate to the industrial development,
			 the industrial uses may occur in buildings of any size and type provided the
			 exception area was planned and zoned for industrial use on January 1, 2004,
			 subject to the territorial limits and other requirements of ORS
			 197.713 and
			 197.714.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 4 - INTERPRETATION OF GOAL 2 EXCEPTION PROCESS › Section 660-004-0022 - Reasons Necessary to Justify an Exception Under Goal 2, Part II(c)

Current through Register Vol. 63, No. 7, July 1, 2024
An exception under Goal 2, Part II(c) may be taken for any use
				not allowed by the applicable goal(s) or for a use authorized by a statewide
				planning goal that cannot comply with the approval standards for that type of
				use. The types of reasons that may or may not be used to justify certain types
				of uses not allowed on resource lands are set forth in the following sections
				of this rule. Reasons that may allow an exception to Goal 11 to provide sewer
				service to rural lands are described in OAR 660-011-0060. Reasons that may
				allow transportation facilities and improvements that do not meet the
				requirements of OAR 660-012-0065  are provided in OAR 660-012-0070. Reasons that
				rural lands are irrevocably committed to urban levels of development are
				provided in OAR 660-014-0030. Reasons that may justify the establishment of new
				urban development on undeveloped rural land are provided in OAR 660-014-0040.
				Reasons that may justify the establishment of temporary natural disaster
				related housing on undeveloped rural lands are provided in OAR
				660-014-0090.
(1) For uses not
			 specifically provided for in this division, or in OAR 660-011-0060,
			 660-012-0070, 660-014-0030  or 660-014-0040, the reasons shall justify why the
			 state policy embodied in the applicable goals should not apply. Such reasons
			 include but are not limited to the following: There is a demonstrated need for
			 the proposed use or activity, based on one or more of the requirements of Goals
			 3 to 19; and either:
(a) A resource upon which
			 the proposed use or activity is dependent can be reasonably obtained only at
			 the proposed exception site and the use or activity requires a location near
			 the resource. An exception based on this subsection must include an analysis of
			 the market area to be served by the proposed use or activity. That analysis
			 must demonstrate that the proposed exception site is the only one within that
			 market area at which the resource depended upon can reasonably be obtained;
			 or
(b) The proposed use or activity
			 has special features or qualities that necessitate its location on or near the
			 proposed exception site.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 4 - INTERPRETATION OF GOAL 2 EXCEPTION PROCESS › Section 660-004-0023 - Reasons Necessary to Justify an Exception for a Substantially Developed Subdivision to Receive Transferred Development Credits Under Goal 2, Part II(c)

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding OAR 660-004-0022(2), an exception under Goal 2,
				Part II(c) may be taken to Goal 3 or Goal 4, or both, to designate a receiving
				area as provided in OAR chapter 660, division 29 to accommodate dwellings
				authorized by ORS 195.300 to
				195.336 (Measure 49) in a
				substantially developed subdivision in a farm or forest zone.
(1) For the purposes of this rule,
			 "substantially developed subdivision" has the meaning provided in OAR
			 660-029-0010.
(2) A county may
			 find that the need for a receiving area that is satisfied by designating a
			 substantially developed subdivision under OAR chapter 660, division 29 is a
			 reason that the state policy embodied in Goal 3 or Goal 4, or both, should not
			 apply to the substantially developed subdivision.
(3) Notwithstanding OAR
			 660-004-0020(2)(b)(B)(i)-(iv), a county may limit its consideration of areas
			 that do not require a new exception under OAR 660-004-0020(2)(b)  to areas that
			 qualify as potential receiving areas under OAR 660-029-0080(1), (4) and (5).
(4) A county may limit its
			 analysis of long-term environmental, economic, social and energy consequences
			 under OAR 660-004-0020(2)(c)  to substantially developed subdivisions under OAR
			 660-029-0080(2).
(5) A county may
			 determine that a substantially developed subdivision that meets the
			 requirements of OAR 660-029-0080  is compatible with other adjacent uses as
			 required by OAR 660-004-0020(2)(d).
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  195.300-195.336 &
				  197.732; 2007 Oregon Laws,
				  chapter 424
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 4 - INTERPRETATION OF GOAL 2 EXCEPTION PROCESS › Section 660-004-0025 - Exception Requirements for Land Physically Developed to Other Uses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A local
			 government may adopt an exception to a goal when the land subject to the
			 exception is physically developed to the extent that it is no longer available
			 for uses allowed by the applicable goal. Other rules may also apply, as
			 described in OAR 660-004-0000(1).
(2) Whether land has been physically
			 developed with uses not allowed by an applicable goal will depend on the
			 situation at the site of the exception. The exact nature and extent of the
			 areas found to be physically developed shall be clearly set forth in the
			 justification for the exception. The specific area(s) must be shown on a map or
			 otherwise described and keyed to the appropriate findings of fact. The findings
			 of fact shall identify the extent and location of the existing physical
			 development on the land and can include information on structures, roads, sewer
			 and water facilities, and utility facilities. Uses allowed by the applicable
			 goal(s) to which an exception is being taken shall not be used to justify a
			 physically developed exception.
Stat. Auth.: ORS 197
Stats. Implemented: ORS
				  197.732