Or. Admin. Code § 736-018-0030

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

Section 736-018-0030 - Dispute Resolution

Notwithstanding OAR 736 Division 70, this rule sets forth the Department's requirements for resolving objections that may be raised by affected local governments in the master planning process as described in OAR 736-018-0028(9). This rule is intended to be used in conjunction with OAR 660-034-0025, which provides direction to local governments regarding dispute resolution in a state park master planning process.

(1) Upon receiving an objection that meets the requirements in section (2)(a) and (b) of this rule, the Department shall attempt to resolve the objection during the 60 day delay period described in OAR 736-018-0028(9), either through informal discussions with the local government or through formal mediation.

(2) The Department may choose to engage in dispute resolution for any issues raised by an objection. However, the 60 day delay period described in OAR 736-018-0028(9) is only required if:

(a) The objection is raised by a letter from the governing body of the affected local government to the Director within the comment period described in OAR 736-018-0028(8)(b); and

(b) The letter from the governing body indicates the reason or reasons why the local government believes the master plan, as proposed by the Department, is or may be inconsistent with the state park master planning criteria described in OAR 736-018-0020.

(3) Depending on the results of the Department's attempts to resolve the objection, the Department shall do one or more of the following as appropriate for the circumstances:

(a) Delay adoption of the master plan until such time as the objection can be resolved through continued discussions or mediation with the local government;

(b) Change the master plan to resolve the objection, provided that the changed master plan is consistent with the state park master planning criteria in OAR 736-018-0020;

(c) Request LCDC mediation services as provided by OAR 660-034-0025;

(d) Request a determination by LCDC regarding compliance of the master plan with the land use statutes, goals or related rules as provided by OAR 660-034-0025; or

(e) Proceed with state rule adoption and submit the master plan to the local government for final action on the local plan amendment as described in OAR 736-018-0028(10).

Or. Admin. Code § 736-018-0030

PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98

Stat. Auth.: ORS 390.180

Stats. Implemented: ORS 390.180