Or. Admin. R. 660-003-0010

Current through Register Vol. 63, No. 6, June 1, 2024

Section 660-003-0010 - Acknowledgment Procedures

(1) When a local government has adopted a comprehensive plan and land use regulations, as provided by ORS 197.175 and 197.250, prepared corrections pursuant to a commission's continuance order, or prepares a new acknowledgment request subsequent to a commission's denial order, it may request the commission to grant an acknowledgment of compliance. An acknowledgment request shall be sent to the director of the department.

(2) The acknowledgment request shall include:

(a) A list by ordinance number and adoption date and six copies of the plans and implementing ordinances or land use regulations, inventories and other factual information to be reviewed, provided that two additional copies shall be required by the director for counties and coastal jurisdictions;

(b) Six copies of a list of all supporting documents, including minutes and tapes which comprise the "record of proceedings" provided that two (2) additional copies shall be required by the director for counties and coastal jurisdictions. The list of all supporting evidence and documents shall identify any items not included with each plan copy, briefly describe the contents of the items not included and identify where those items may be examined by the commission, department, affected agencies and districts and interested persons. The local government shall make such supporting evidence and documents available at the hearing before the commission held pursuant to OAR 660-003-0025;

(c) Six copies of a written statement setting forth the means by which a plan for management of the unincorporated area within the urban growth boundary will be completed and by which the urban growth boundary may be modified (unless the same information is incorporated in other documents submitted in the acknowledgment request), provided that two additional copies shall be required by the director for counties and coastal jurisdictions;

(d) The name and address of the person representing the local government to receive notice of commission consideration of the acknowledgment request and to receive a copy of the director's report required under OAR 660-003-0025;

(e) A list of all affected agencies and districts, including addresses, identified in the local government's agency involvement program; and

(f) A list of the names and addresses of the chairperson of the Committee for Citizen Involvement and other citizen advisory committees, if any.

(3) The local government requesting acknowledgment shall send a single copy of the materials described in section (2) of this rule to the appropriate local coordination body as defined in ORS 195.025.

(4) Upon receipt of a compliance acknowledgment request, the department shall review the request to determine whether the request for acknowledgment contains each of the documents and information required by section (2) of this rule. The department may decline to accept an acknowledgment request submitted for only a portion of the area of a local government.

(5) If the request is complete, the department shall commence its review of the request as required by OAR 660-003-0025 and shall provide the public notice required by OAR 660-003-0015.

(6) If the request is not complete, the department, within 14 days of receipt of the acknowledgment request, shall in writing, notify the local government what specific requirements of section (2) of this rule have not been met. If, after 30 days from receipt of an acknowledgment request a city or county has not provided the department with the required documents or information, the department shall advise the local government that the request is not complete and shall in writing inform the local government and local coordinating body of such determination.

(7) For purposes of the 90 day period as used in ORS 197.251(1), "request" means an acknowledgment request determined by the department to include all the necessary materials required by subsections (2)(a) through (f) of this rule, and thus be complete.

(8) Notwithstanding any of the provisions of section (1) of this rule, when the director determines that a modification of any of the above rules is consistent with the applicable laws and in the best interests of the public, he may make exceptions to the application of section (2) of this rule. However, in waiving or modifying the above rules, the director must assure a reasonable opportunity to review documents and prepare and submit comments and objections.

Or. Admin. R. 660-003-0010

LCD 8-1978, f. 6-30-78, ef. 7-2-78; LCD 6-1979(Temp), f. & ef. 9-6-79; LCD 1-1980, f. & ef. 1-14-80; LCD 9-1981(Temp), f. & ef. 10-1-81; LCD 13-1981, f. & ef. 12-15-81; LCDC 3-1985, f. & ef. 7-2-85; LCDD 12-2010, f. & cert. ef. 12-8-10

Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.251