Or. Admin. Code § 291-032-0050 - Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations

(1) Prior to approving or undertaking an action or project listed in OAR 291-032-0020, the Department shall find that the program or action is compatible with the affected local government's acknowledged comprehensive plan and land use regulations. To make its plan compatibility findings, the Department shall assure compatibility with applicable local government comprehensive plans through a process of preapplication meetings and concept review with the planning section of the local government with permitting authority for the project.

(2) A Department decision to proceed with a project or action shall not be made until it obtains one or more of the following:

(a) A copy of the local land use permit, building or occupancy permit, or other equivalent documentation from the city or county planning agency, building department or governing body; or

(b) A letter from the local planning agency, building department or governing body stating that the project or action in question is permitted under the jurisdiction's comprehensive plan, land use regulations, or development codes, but does not require specific approval by the jurisdiction; or

(c) Other information and documentation equivalent to subsection (a) or (b) of this section including, but not limited to, written testimony presented to the Department from an authorized representative from the affected city or county.

(3) In the case of a community correctional grant or loan, the Department shall require the grant or loan applicant to provide the Department with written information documenting the project's compatibility with applicable comprehensive plan and land use regulations. Such documentation shall include one of the following:

(a) A copy of the local land use permit, building or occupancy permit, or other equivalent documentation from the city or county planning agency, building department or governing body;

(b) A letter from the local planning agency, building department or governing body stating that the project or action in question is permitted under the jurisdiction's comprehensive plan, land use regulations or development codes, but does not require specific approval by the jurisdiction; or

(c) Other information and documentation equivalent to subsection (a) or (b) of this section including, but not limited to, written testimony presented to the Department from an authorized representative from the affected city or county.

Notes

Or. Admin. Code § 291-032-0050

CD 25-1992, f. & cert. ef. 12-9-92; DOC 17-2019, amend filed 12/05/2019, effective 12/5/2019

Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075