Or. Admin. Code § 635-405-0020

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

Section 635-405-0020 - Compliance with the Statewide Planning Goals

(1) The Department shall attempt to achieve goal compliance whenever possible by taking actions that are compatible with the acknowledged comprehensive plans of the applicable local governing body.

(2) An action within a "land use program" of the Department is considered to be in compliance when such action is compatible with the acknowledged comprehensive plan and land use regulations of the applicable local governing body.

(3) The Department will achieve compliance by acting compatibly with applicable acknowledged comprehensive plans; however, should a situation arise which requires direct goal findings pursuant to OAR 660-030-0065(3), the Department shall adhere to the following procedure:

(a) Confirm that a situation exists pursuant to OAR 660-030-0065(3) requiring the Department to adopt findings of compliance with one or more of the statewide planning goals;

(b) Identify the specific statewide planning goal(s) or goal requirements the Department must address;

(c) Consult directly with the affected jurisdiction(s);

(d) Request interpretive guidance from the DLCD and the Attorney General's office;

(e) Rely on any relevant Goal interpretations for state agencies adopted by the LCDC under OAR Chapter 660;

(f) Adopt any necessary findings to assure compliance with the statewide planning goals.

Or. Admin. Code § 635-405-0020

FWC 66-1990, f. & cert. ef. 6-27-90

Stat. Auth.: ORS Ch. 197 & 496

Stats. Implemented: ORS Ch. 197 & 496