Or. Admin. Code § 738-130-0085

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

Section 738-130-0085 - Coordination Procedures for Operations, Maintenance and Modernization Activities

The procedures in this rule shall be followed when the Department determines that an operations, maintenance or modernization activity would significantly affect land use in accordance with OAR 738-130-0035 unless compliance with the statewide planning goals and compatibility with acknowledged comprehensive plans has been established through application of OAR 738-130-0075 or 738-130-0085.

(1) The Department shall consult planning officials of the affected city or county to determine whether any local land use approvals are required to carry out the proposed activity.

(2) If any local planning approvals are required, the Department shall either modify the proposed activity so as to not require approval, or shall apply for the necessary approvals.

(3) If the approvals are not granted the Department may:

(a) Modify the proposed activity so as to not require permits;

(b) Not do the proposed activity; or

(c) Appeal the local decision.

Or. Admin. Code § 738-130-0085

AVIA 2-2015, f. & cert. ef. 7/28/2015

Stat. Auth.: ORS 835.035 & 835.112

Stats. Implemented: ORS 197.180