Or. Admin. Code § 123-008-0020

Current through Register Vol. 64, No. 1, January 1, 2025

Section 123-008-0020 - Compliance with Planning Goals

(1) The Department shall achieve Planning Goal compliance whenever possible by taking actions that are compatible with the applicable acknowledged comprehensive plan of a county or city government and land use regulations of this state and local zone ordinances.

(2) However, if a situation arises that necessitates direct goal findings, because of potential or actual incompatibility under a local comprehensive plan or other reasons, as described in OAR 660-030-0065(3), the Department shall adhere to the following procedures, as formally as appropriate:

(a) Confirm that a situation exists requiring the Department to adopt direct goal findings of compliance with one or more of Planning Goals;

(b) Identify which Planning Goals or Goal requirements the Department must address;

(c) Consult directly with affected jurisdictions;

(d) Request interpretative guidance as needed from the Department of Land Conservation and Development or the Department of Justice;

(e) Rely on any relevant goal interpretations for state agencies adopted in accordance with OAR chapter 660, whenever applicable; and

(f) Adopt any necessary findings to ensure compliance with the Planning Goals.

Or. Admin. Code § 123-008-0020

EDD 9-1990, f. & cert. ef. 5-23-90; EDD 4-2003, f. & cert. ef. 3-26-03; EDD 21-2009, f. 11-30-09, cert. ef. 12-1-09

Stat. Auth.: ORS 285B.075(5) & 285A.075

Stats. Implemented: ORS 197.180, 285 A & 285B