Or. Admin. Code § 690-005-0030 - Compliance with Statewide Planning Goals

(1) All Commission and Department actions pursuant to a program identified in OAR 690-005-0025 shall comply with the statewide planning goals.

(2) Except as provided in section (3) of this rule, the Commission and Department shall comply with the statewide planning goals by taking actions which are compatible with acknowledged comprehensive plans, as required by OAR 660-030-0065(3) and provided in 690-005-0035 (Compatibility with Acknowledged Comprehensive Plans).

(3) The Commission and Department shall achieve goal compliance directly by satisfying the requirements of section (4) of this rule and by adopting written findings as provided in OAR 690-005-0040(4)(c), when one or more of the following situations, or other situations identified in 660-030-0065(3), exists:

(a) An acknowledged comprehensive plan does not contain:

(A) Requirements or conditions specifically applicable to a Commission or Department action; or

(B) General provisions, purposes, or objectives which would be substantially affected by the action.

(b) The Commission or Department takes an action that is not compatible with an acknowledged comprehensive plan after implementing all applicable measures described in OAR 690-005-0035 (Compatibility with Acknowledged Comprehensive Plans).

(4) Prior to taking action pursuant to subsection (3)(a) of this rule, the Commission or Department shall notify the planning department of the affected local government:

(a) That, in the Department's assessment, the acknowledged comprehensive plan does not contain:

(A) Requirements or conditions specifically applicable to a Commission or Department action; or

(B) General provisions, purposes, or objectives which would be substantially affected by the action.

(b) That the Department intends to achieve goal compliance directly, not through compatibility with the applicable comprehensive plan; and

(c) That the planning department shall have 30 days to respond to the notification with a request to initiate dispute resolution procedures as described in OAR 690-005-0040.

Notes

Or. Admin. Code § 690-005-0030

WRD 12-1990, f. & cert. ef. 8-8-90

Stat. Auth.: ORS 197 & ORS 536

Stats. Implemented: ORS 197 & ORS 536