Or. Admin. Code § 291-032-0040

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

Section 291-032-0040 - Compliance with the Statewide Planning Goals - Land Use Program

(1) Except as provided in section (3) of this rule, the Department shall achieve goal compliance for Department land use programs, whenever possible, by taking actions that are compatible with the acknowledged comprehensive plan and land use regulations of the applicable local government(s).

(2) An action within a Department "land use program" shall be considered to be in compliance with statewide planning goals when such action is compatible with the applicable local government's acknowledged comprehensive plan and land use regulations.

(3) In the event that the Department is required to adopt findings to comply with any statewide planning goals, the Department shall adhere to the following procedures:

(a) Confirm that a situation exists that is not addressed in the applicable local government's acknowledged comprehensive plan and land use regulations which requires the Department to adopt findings of compliance with one or more of the statewide planning goals;

(b) Identify the specific statewide planning goal(s) or goal requirements the Department must address;

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

(d) Request, as necessary, interpretive guidance from the Department of Land Conservation and Development and the Attorney General's Office;

(e) Rely on any relevant goal interpretations applicable to state agencies adopted by the Department of Land Conservation and Development rules; and

(f) Adopt any necessary findings to assure compliance with the statewide planning goals.

Or. Admin. Code § 291-032-0040

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

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