Or. Admin. Code § 141-095-0010 - Definitions
For the purposes of this division, the definitions contained in ORS 197.015, 273.006 and 274.005 shall apply. In addition, the following definitions shall apply:
(1) "Acknowledgment" means that a local
government comprehensive plan and land use regulations, land use regulation or
plan or regulation amendment complies with the statewide planning
goals.
(2) "Board" means the State
Land Board consisting of the Governor of Oregon, State Treasurer and Secretary
of State.
(3) "Certification" is an
order issued by the Land Conservation and Development Commission finding that a
state agency's coordination program satisfies the requirements of ORS
197.180(3)(a)-(d)
and OAR 660-030.
(4) "Commission"
means the Land Conservation and Development Commission (LCDC). The staff of
LCDC is the Department of Land Conservation and Development (DLCD).
(5) "Compatibility with Comprehensive Plans"
as used in ORS 197.180 means that a state
agency has taken actions pursuant to OAR 660-030-0070, including following
procedures in its coordination program where certified, and there are no
remaining land use conflicts between the adoption, amendment or implementation
of the agency's land use program and an acknowledged comprehensive
plan.
(6) "Compliance with the
Goals" means that a state agency's land use programs and actions must comply
with the applicable requirements of the statewide planning goals pursuant to
OAR 660-030-0065.
(7) "Consistency
with Comprehensive Plans" shall have the same meaning as the term
"compatibility" as provided in section (5) of this rule and OAR
660-030-0070.
(8) "Coordination" as
used in ORS 197.015(5)
means the needs of all levels of government, semipublic and private agencies
and the citizens of the State of Oregon have been considered and accommodated
as much as possible.
(9)
"Department" means the Department of State Lands (DSL).
(10) "Director" means the director of the
Department of State Lands
(11)
"Goals" or "Statewide Planning Goals" means the mandatory statewide planning
standards adopted by the Land Conservation and Development Commission pursuant
to ORS chapters 195, 196 and 197.
(12) "Rules and Programs Affecting Land Use"
or "State Agency Land Programs":
(a) Are a
state agency's rules and 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 use
identified in acknowledged comprehensive plans.
(b) Do not include state agency rules and
programs, including any specific activities or functions which occur under the
rules and programs listed in paragraph (12)(a)(A) of this rule, if:
(A) An applicable statute, constitutional
provision or appellate court decision expressly exempts the requirement of
compliance with the statewide goals and compatibility with acknowledged
comprehensive plans; or
(B) The
rule, program, or activity is not reasonably expected to have a significant
effect on:
(i) Resources, objectives or areas
identified in the statewide goals; or
(ii) Present or future land uses identified
in acknowledged comprehensive plans; or
(C) A state agency transfers or acquires
ownership or an interest in real property without making any changes in the use
or area of the property. Action concurrent with or subsequent to a change of
ownership that will affect land use or the area of the property is subject to
either the statewide goals or applicable city or county land use regulations.
(c) A final determination
of whether or not an agency program affects land use will be made by the
Commission pursuant to ORS
197.180 and OAR Chapter 660,
Division 030.
(13) "State
Agency Coordination Program" or "SAC Program" is the program adopted by a state
agency and submitted to the Department of Land Conservation and Development
pursuant to ORS 197.180(3)(a)-(d)
and OAR 660-030.
Notes
Publications: Publications referenced are available from the agency.
Stat. Auth.: ORS 196, 197, 273, 274
Stats. Implemented: ORS 196, 197.180, 273, 274
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