Or. Admin. Code § 340-130-0035

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-130-0035 - Procedures for Cities and Counties

(1) Following the adoption of OAR Chapter 340, Division 130 by the Commission, the Department shall notify all cities and counties of their potential responsibilities to carry out the provisions ofORS 466.360 to 466.385 and this rule. The notification shall include:

(a) A copy and a brief summary explaining the requirements ofORS 466.360 to 466.385 and OAR Chapter 340, Division 130;

(b) Model language for amending comprehensive plans and land use regulations to incorporate procedures to implement environmental hazard notices; and

(c) Information describing how to obtain technical assistance from the Department of Land Conservation and Development and the Department of Environmental Quality to assist cities and counties in complying with this rule.

(2) All cities and counties receiving an environmental hazard notice issued by the Commission shall amend their comprehensive plans and land use regulations, including zoning maps, in accordance with the requirements ofORS 466.385, section (3) of this rule and the requirements and use restrictions specified in the environmental hazard notice. This amendment shall occur:

(a) By the first periodic review underORS 197.640 following adoption of these rules, if the city or county receives an environmental hazard notice prior to the first periodic review; or

(b) Within 120 days of receiving an environmental hazard notice, if the city or county receives the environmental hazard notice after its first periodic review following adoption of these rules.

(3) A city or county shall not approve a proposed use of a site, parcel or lot for which the city or county has received an environmental hazard notice until the Department has been notified and provided the city or county with comments on the proposed use. The Department shall be notified not less than 21 days before the final date established by the city or county for submission of information. If no comment is received before final action is taken by the city or county, the department shall be deemed to have no comment on the application.

(4) The Department may appeal to the state Land Use Board of Appeals any final land use decision by a city or county which conflicts with ORS 466.385, sections (2) and (3) of this rule or any requirement or use restriction specified in on environmental hazard notice issued to a city or county.

Or. Admin. Code § 340-130-0035

DEQ 1-1988, f. & cert. ef. 1-27-88

Stat. Auth.:ORS 183,ORS 466&ORS 468

Stats. Implemented:ORS 466.385