Or. Admin. Code § 291-032-0060 - Compliance with the Statewide Planning Goals

(1) Except as provided in section (4) of this rule, the Department shall achieve Goal compliance whenever possible by taking actions that are compatible with the acknowledged city and county comprehensive plans and land use regulations.

(2) Where appropriate, the statutory plan amendment and periodic review processes shall be used to obtain local land use approvals for a project or action proposed by the Department which affects land use.

(3) An action within a Department "land use program" is considered to be in compliance when such an action is compatible with the acknowledged comprehensive plan and land use regulations of the applicable local governing body.

(4) When the Department in the process of siting a facility recommended under a strategic plan commissioned by the Department, finds that the acknowledged comprehensive plan and land use regulations of the applicable local governing body do not contain requirements or conditions specifically applicable to the facility that the Department seeks to site, the Department shall comply with the statewide goals by adopting written findings. To adopt such findings the Department may:

(a) Identify the specific statewide goals which must be addressed;

(b) Consult directly with the affected city or county;

(c) Request interpretive guidance from the Department of Land Conservation and Development and the Attorney General's Office; and

(d) Rely on any relevant goal interpretation for state agencies adopted by Department of Land Conservation and Development by rule.

Notes

Or. Admin. Code § 291-032-0060

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

Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.

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