Or. Admin. Code § 660-030-0060

Current through Register Vol. 63, No. 12, December 1, 2024

Section 660-030-0060 - Required Elements of an Agency Coordination Program

(1) An agency coordination program must satisfy the requirements specified in ORS 197.180(2)(a) - (d) and OAR 660-030-0060(2) and (3).

(2) The four required elements of a state agency coordination program listed in ORS 197.180(2)(a) - (d) are as follows:

(a) Agency rules and summaries of programs affecting land use;

(b) A program of coordination pursuant to ORS 197.040(2)(e);

(c) A program for coordination pursuant to ORS 197.090(1)(b); and

(d) A program for cooperation with and technical assistance to local governments.

(3) To satisfy the requirement under subsection (2)(a) of this rule, a state agency must complete the following:

(a) Submit copies of all agency rules and list and briefly describe all agency programs authorized by law. Such description may be satisfied by provision of agency budget narratives or other similar explanatory information;

(b) Using the definitions in OAR 660-030-0005(2), indicate which of the agency's rules and programs are land use programs;

(c) For each land use program provide a copy or summary of the applicable enabling statutes or constitutional authority, complete copies of administrative rules and procedures and an analysis of the relationship between the program and land use;

(d) Identify any agency land use programs subject to the requirements and procedures of the Commission's state permit compliance and compatibility rule, OAR chapter 660, division 31, as described in OAR 660-030-0090(2); and

(e) For rules and programs determined not to be agency land use programs, the agency is not required to demonstrate compliance with the statewide planning goals and compatibility with acknowledged comprehensive plans. However, specific actions undertaken in conjunction with such rules or programs may require a local permit or approval.

(4) To satisfy the requirement under subsection (2)(b) of this rule, a state agency must complete the following:

(a) Compile agency land use programs into the following categories:

(A) Exempt Land Use Programs. In this category the agency shall place any land use program for which there is an applicable statute, constitutional provision or appellate court decision which expressly exempts the agency from the requirements in ORS 197.180 to be compatible with acknowledged comprehensive plans, but does not exempt the program from compliance with the statewide goals; and

(B) Compatible Land Use Programs. In this category the agency shall place those remaining land use programs not listed under paragraph (4)(a)(A) of this rule;

(b) Adopt or amend agency rules to implement procedures for assuring the agency's goal compliance described in OAR 660-030-0065 for the land use programs listed under subsection (4)(a) of this rule;

(c) Adopt or amend agency rules to implement procedures for assuring the agency's compatibility with acknowledged comprehensive plans, including the resolution of disputes, as provided in OAR 660-030-0070 for land use programs listed under paragraph (4)(a)(B) of this rule;

(d) Rules and procedures adopted by the agency to satisfy the requirements of goal compliance and plan compatibility must also be designed to address new or amended agency land use programs enacted subsequent to Commission certification pursuant to OAR 660-030-0075; and

(e) Agency procedures for assuring goal compliance and comprehensive plan compatibility may be specific to individual land use programs or may be established to apply to more than one land use program where appropriate.

(5) To satisfy the requirements under subsection (2)(c) of this rule, a state agency must complete the following:

(a) Describe the procedures it will utilize to coordinate its land use programs with the Department and affected state and federal agencies and special districts; and

(b) Designate a unit within the agency to be responsible for the coordination of the agency's land use programs.

(6) To satisfy the requirement under subsection (2)(d) of this rule, a state agency must provide all of the following:

(a) A description of the agency's program for cooperation with and technical assistance to local governments. This description shall identify how the agency will participate in and coordinate with the local planning process (i.e., plan amendment, periodic review and plan implementation) regarding implementation of the agency's land use programs;

(b) a listing of the agency section(s) to contact for obtaining cooperation and technical assistance;

(c) A description of the kinds of technical assistance, information and other services available from the agency and the process used to provide such assistance, information and services to local government;

(d) A description of how the agency shall assure that new or updated agency plans or programs mandated by state statute or federal law enacted after acknowledgment of comprehensive plans will be incorporated into these plans and how the agency will participate in periodic review in accordance with ORS 197.640(3) and OAR 660-019-0055;

(e) A description, if applicable, of any special procedures or programs to cooperate and provide technical assistance to acknowledged coastal cities and counties recognized under the state's coastal zone management program; and

(f) A description, if applicable, of agency procedures to coordinate with other state agencies and local governments and provide technical assistance to local governments on public facility funding, local public facility plans, permit issuance and economic development as required by ORS 197.712(2)(f) and 197.717(1) and (2).

Or. Admin. Code § 660-030-0060

LCDC 5-1986, f. & ef. 12-24-86

Stat. Auth.: ORS 183 & ORS 197

Stats. Implemented: ORS 197.040 & ORS 197.180