Or. Admin. Code § 660-044-0120

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

Section 660-044-0120 - Commission Review of a Land Use and Transportation Scenario Plan

(1) Cities and counties shall submit a land use and transportation scenario plan to the director.

(2) Upon receipt of a land use and transportation scenario plan, the director shall determine whether the submittal is complete based on the applicable criteria in this division.

(a) If there is any missing information, the director must inform the cities and counties with sufficient specificity to allow the cities and counties to provide missing information.

(A) The cities and counties must supply additional information within 30 days of the director's notification. If the cities and counties do not supply additional information, the director shall review the original submission as provided in subsection (b).

(B) If the director does not send a notice of missing information within 30 days of submittal, the submittal shall be deemed complete.

(b) Upon completeness, the department shall:

(A) Post the complete land use and transportation scenario plan on the department's website; and

(B) Provide notice to persons described under ORS 197.615(3).

(C) The notice provided shall describe;

(i) How and where the land use and transportation scenario plan may be freely obtained; and

(ii) That objections to the land use and transportation scenario plan may be submitted to the department within 14 days of the notice.

(c) Review the submittal for compliance with this division and either:

(A) Issue an order approving the submittal, with responses to any objections submitted; or

(B) Refer the submittal to the commission for review and action under section (5).

(d) If the director does not issue an order approving the submittal or make a referral to the commission within 60 days of completeness, the submittal is deemed approved, and an order sent under section (3).

(3) The director shall send an approval order to the cities and counties, post on a public website using the Internet or a similar electronic method, and provide a copy of the order to the commission at its next regular meeting. The approval order must include information on the process to appeal the director's order as described in this rule.

(4) A person who has filed an objection may appeal a director's approval order to the commission. An appeal must be submitted within 30 days of the date of the commission meeting(s) at which the commission received the order. An appeal must clearly identify an alleged deficiency in the submittal based on the requirements of this division.

(5) The commission shall hold a hearing on a submittal referred by the director under section (2) or appealed under section (4).

(a) The commission will consider the contents of the land use and transportation scenario plan, the director's staff report, testimony from cities or counties that submitted the plan, and testimony from any persons who filed objections to the plan.

(b) The commission may:

(A) Remand the submittal with specific directions for needed changes consistent with the requirements of this division; or

(B) Approve the submittal.

(6) The director shall issue an order of the commission's decision to the cities and counties and to all participants in the hearing.

Or. Admin. Code § 660-044-0120

LCDD 2-2022, temporary adopt filed 06/01/2022, effective 6/1/2022 through 11/27/2022; LCDD 3-2022, adopt filed 08/17/2022, effective 8/17/2022

Statutory/Other Authority: ORS 197.040

Statutes/Other Implemented: ORS 184.899, ORS 197.012 & ORS 468A.205