Or. Admin. R. 141-010-0235 - Land Use Review

(1) Before taking action on any permit application, the director shall determine whether the proposed activity affects land use and if so, complies with applicable provisions of the Oregon Statewide Planning Goals adopted by the Land Conservation and Development Commission. Of particular concern are Statewide Planning Goal 16, relating to estuaries, and Goal 19, relating to ocean resources:

(a) The director shall determine that a proposed activity affects land use, and is therefore subject to applicable Statewide Planning Goals, when the activity is reasonably likely to have a significant impact on uses of the nearshore for fishing, navigation, recreation or aesthetic purposes, or on long-term protection of renewable resources;

(b) In determining whether a proposed activity affects land use, the director shall consider:

(A) Duration or frequency of the activity;

(B) Extent of impacts;

(C) Intensity of impacts;

(D) Timing or scheduling of the activity;

(E) Location in relation to sensitive resources;

(F) Potential for conflicts with other uses.

(2) If the director finds a proposed activity affecting land use does not comply with any applicable goal provision, the director shall deny the permit or impose appropriate conditions to assure goal compliance.

(3) In developing such findings or conditions, the director may rely on the written findings of other affected state agencies, such as the Department of Fish and Wildlife, the Department of Geology and Mineral Industries, and the Department of Land Conservation and Development.

(4) In responding to the inventory requirements of Statewide Planning Goals 16 and 19, the director may rely on existing available data and studies. Survey results obtained by the director pursuant to OAR 141-010-0270 shall be used to expand and update the inventories.

Notes

Or. Admin. R. 141-010-0235

LB 7-1986, f. & ef. 7-18-86

Stat. Auth.: ORS 274

Stats. Implemented: ORS 274 .735