Or. Admin. R. 690-005-0035

Current through Register Vol. 63, No. 9, September 1, 2024

Section 690-005-0035 - Compatibility with Acknowledged Comprehensive Plans

(1) Except as provided in section (5) of this rule, Commission or Department actions taken pursuant to a program identified in OAR 690-005-0025 shall be compatible with acknowledged comprehensive plans.

(2) The Department shall satisfy section (1) of this rule by applying:

(a) Provisions in the rule divisions identified in OAR 690-005-0025;

(b) Provisions of OAR 660-030-0070;

(c) Provisions of OAR 660-031-0026 and OAR 660-031-0035; or

(d) Procedures of the Department's Land Use Planning Procedures Guide.

(3) For water use approvals identified in OAR 690-005-0025(1) through (6), the Commission or Department shall satisfy compatibility requirements of ORS 197.180 by informing applicants that:

(a) The Department's issuance of a permit or other approval is not a finding of land use compatibility; and

(b) A land use approval may be required from the affected local government.

(4) In processing water use approvals in OAR 690-005-0025(1) through (6), the Department or Commission shall:

(a) Require land use information be submitted with applications or requests, or as otherwise specified prior to taking action on the water use approval. The information shall be sufficient to assess compatibility as specified on forms contained in the department's Land Use Planning Procedures Guide;

(b) Except as provided in subsection (4)(c) of this rule, the Department or Commission shall only approve the proposed water use if:

(A) All requirements of statutes and rules governing Commission and Department actions are met;

(B) The land use served by the proposed water use is allowed outright or does not require discretionary land use approvals under the applicable comprehensive plan; or

(C) The applicant has already received necessary land use approvals for the land use served by the proposed water use.

(c) If local land use approvals are pending, place conditions on a permit or other approval to preclude use of water and any associated construction until the applicant obtains all required local land use approvals; or, withhold issuance of the water use permit or approval until the applicant obtains all required local land use approvals. The approval is allowed only if the use meets requirements in paragraph (4)(b)(A) of this rule. The Department may consider withholding water use approvals upon request by a local or state agency, or the applicant, or as otherwise warranted to serve the Department's needs; and

(d) Not issue water use approvals, except when taking action pursuant to section (5) of this rule if:

(A) The land use served by the proposed water use is not allowed by the comprehensive plan and the applicant is not pursuing necessary local land use approvals to the satisfaction of the planning department of the affected local government; or

(B) The land use served by the proposed water use is not allowed by the comprehensive plan and local approvals have already been denied.

(5) If the Commission or Department finds it necessary to take an action which is incompatible with an acknowledged comprehensive plan in order to meet statutory obligations, the dispute resolution procedures identified in OAR 690-005-0040 shall be implemented prior to taking such action.

Or. Admin. R. 690-005-0035

WRD 12-1990, f. & cert. ef. 8-8-90

Stat. Auth.: ORS 197 & ORS 536

Stats. Implemented: ORS 197 & ORS 536