Or. Admin. Code § 660-034-0030 - Local Government Implementation of State Park Master Plans

(1) Within 60 days following the effective date of the state park master plan administrative rule adopted by OPRD, unless an appeal of the rule is filed, OPRD shall submit the adopted master plan to all local governments with land use authority over the subject state park. The submittal shall include a request that the local governments take final action on the PAPA application previously filed pursuant to OAR 660-034-0020(1)(b).

(2) Within 150 days after receipt of an adopted master plan from OPRD, the local governments shall take final action necessary to conclude the PAPA initiated under OAR 660-034-0020(1)(b). Final action shall include amendments to the plan, implementing ordinances, plan map and zoning map, as necessary, to:

(a) Indicate the existence of the state park and its boundaries on the appropriate maps;

(b) Apply appropriate plan and zone categories (a "park" zone or overlay zone is recommended); and

(c) Provide objective land use and siting review criteria in order to allow development of the uses indicated in the state park master plan.

(3) Amendments to the local plan intended to implement the state park master plan shall be consistent with all statewide planning goals. If the local action includes only such amendments as are necessary and sufficient to implement the park master plan, the local government may rely on goal findings that are included in the park master plan (see OAR 660-034-0015(2)) in order to comply with statewide planning goal requirements.

(4) The final local action shall include findings addressing ORS 215.296 for all uses and activities in or adjacent to an agricultural or forest zone. The local government may rely on the ORS 215.296 findings in the state park master plan (see OAR 660-034-0015(2)) in order to comply with this requirement. The analysis required under ORS 215.296 shall concern farm or forest practices occurring on lands surrounding the state park that are devoted to farm or forest use, and shall not concern farm or forest practices occurring on farm or forest land within the state park itself.

(5) The local government may decide to alter or disallow the state park master plan provided the local government determines that adoption of the state park master plan would not comply with a statewide planning goal or ORS 215.296, or both. The local government shall alter or disallow uses described in the park plan only to the extent necessary to comply with statewide goals or ORS 215.296, or both. If the local government alters or disallows the state park master plan, OPRD may pursue any of the following options:

(a) Take no action;

(b) Modify the state park master plan to be compatible with the final PAPA action taken by the local government;

(c) Appeal the local decision.

(6) If the local government takes no final action on the PAPA within 150 days from receipt of the adopted state parks master plan from OPRD, the master plan, rather than the local plan:

(a) Shall be deemed the controlling land use regulation for the subject state park with respect to uses described in the state parks master plan;

(b) Shall supersede local zoning ordinances with respect to review and approval of uses described in the state parks master plan; and

(c) The provisions of this section shall remain in effect until the local government takes final action on the PAPA application.

(7) OPRD may submit a state park master plan that OPRD adopted prior to July 15, 1998 to a local government as a PAPA. Upon receipt of such a previously adopted state park master plan, the local government shall consider conforming amendments to local planning and zoning measures, and may adopt such amendments provided the proposed uses in the park master plan comply with statewide planning goals and ORS 215.296.

(8) The OPRD director may continue any use or facility that existed in a state park on July 25, 1997. Furthermore, the following uses and activities shall be approved by local government subject only to clear and objective siting criteria that shall not, either individually or cumulatively, prohibit the use or activity

(a) The repair and renovation of facilities in existence on July 25, 1997;

(b) The replacement of facilities and services in existence on July 25, 1997, including minor location changes; and

(c) The minor expansion of uses and facilities in existence on July 25, 1997.

Notes

Or. Admin. Code § 660-034-0030

LCDD 3-1998, f. & cert. ef. 7-15-98; LCDD 3-2006, f. & cert. ef. 4-14-06

Stat. Auth.: ORS 195.120 & 197.040

Stats. Implemented: ORS 195.120 - 195.125