Or. Admin. Code § 660-018-0040 - Submittal of Adopted Change
(1) When a local government adopts a proposed
change to an acknowledged comprehensive plan or a land use regulation it shall
submit the decision to the department, with the appropriate notice forms
provided by the department, within 20 days.
(2) For purposes of the 20-day requirement
under section (1) of this rule, the proposed change is considered submitted to
the department:
(a) On the day the applicable
notice forms and other required documents are received by the department in its
Salem office, if hand-delivered or submitted by electronic mail or similar
electronic method, or
(b) On the
date of mailing if the local government mails the forms and documents.
(3) The submission to
the department must in a format acceptable to the department and include all of
the following materials:
(a) A copy of final
decision;
(b) The findings and the
text of the change to the comprehensive plan or land use regulation;
(c) If a comprehensive plan map or zoning map
is created or altered by the proposed change:
(A) A map showing the area changed and
applicable designations; and
(B)
Electronic files containing geospatial data showing the area changed, as
specified in section (5) of this rule, if applicable.
(d) A brief narrative summary of the
decision, including a summary of substantive differences from the proposed
change submitted under OAR
660-018-0020 and any
supplemental information that the local government believes may be useful to
inform the director or members of the public of the effect of the actual
change; and
(e) A statement by the
individual transmitting the decision identifying the date of the decision and
the date the submission was mailed to the department.
(4) Where amendments or new land use
regulations, including supplementary materials, exceed 100 pages, a summary of
the amendment briefly describing its purpose and requirements shall be included
with the submittal to the director.
(5) For local governments that produce
geospatial data describing an urban growth boundary (UGB) or urban or rural
reserve that is created or altered as part of an adopted change to a
comprehensive plan or land use regulation, the submission must include
electronic geospatial data depicting the boundary change. Local governments
that create or alter other zoning or comprehensive plan maps as geospatial data
are encouraged but not required to share this data with the department.
Geospatial data submitted to the department must comply with the following
standards endorsed by the Oregon Geographic Information Council:
(a) Be in an electronic format compatible
with the State's Geographic Information System software standard described in
OAR 125-600-7550; and
(b) Be accompanied by metadata that meets at
least the minimum requirements of the federal Content Standard for Digital
Geospatial Metadata.
(6) Local government must notify the
department of withdrawals or denials of proposals previously sent to the
department under requirements of OAR
660-018-0020.
(7) If a local government did not submit a
notice of a proposed change to a comprehensive plan or land use regulation to
the department as required by OAR
660-018-0020, the transmittal
must clearly indicate which provisions of OAR 660-018-022 are applicable.
NOTE: ORS 197.610 clearly requires all adopted plan and land use regulation amendments and new land use regulations to be submitted to the director even if they were not required to be submitted for review prior to adoption.
(8) ORS
197.620 provides that a local
government may cure the untimely submission of materials by either postponing
the date for the final evidentiary hearing by the greater of 10 days or the
number of days by which the submission was late; or by holding the evidentiary
record open for an additional period of time equal to 10 days or the number of
days by which the submission was late, whichever is greater. The local
government shall provide notice of such postponement or record extension to the
department.
Notes
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 197.610 - 197.625
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