2011 ORS § 197.180¹
State agency planning responsibilities
- • determination of compliance with goals and compatibility with plans
- • coordination between agencies and local governments
- • rules
- • exceptions
(1) Except as provided in ORS 197.277 (Oregon Forest Practices Act) or subsection (2) of this section or unless expressly exempted by another statute from any of the requirements of this section, state agencies shall carry out their planning duties, powers and responsibilities and take actions that are authorized by law with respect to programs affecting land use:
(a) In compliance with the goals, rules implementing the goals and rules implementing this section; and
(b) In a manner compatible with acknowledged comprehensive plans and land use regulations.
(2) State agencies need not comply with subsection (1)(b) of this section if a state agency rule, plan or program relating to land use was not in effect when the comprehensive plan provision or land use regulation with which the action would be incompatible was acknowledged and the agency has demonstrated that:
(a) The state agency rule, plan or program is mandated by state statute or federal law;
(b) The state agency rule, plan or program is consistent with the goals;
(c) The state agency rule, plan or program has objectives that cannot be achieved in a manner compatible with the acknowledged comprehensive plan and land use regulations; and
(d) The agency has complied with its certified state agency coordination program.
(3) Unless federal or state law requires otherwise, the commission, by rule, may specify the sequence of a local government land use decision and a state agency action concerning the same, similar or related uses or activities.
(4) Upon request by the Land Conservation and Development Commission, each state agency shall submit to the Department of Land Conservation and Development the following information:
(a) Agency rules and summaries of state agency plans and programs affecting land use;
(b) A program for coordination pursuant to ORS 197.040 (Duties of commission) (2)(e);
(c) A program for coordination pursuant to ORS 197.090 (Duties and authority of director) (1)(b); and
(d) A program for cooperation with and technical assistance to local governments.
(5) Within 90 days of receipt, the Director of the Department of Land Conservation and Development shall review the information submitted pursuant to subsection (4) of this section and shall notify each state agency if the director believes the state agency rules, plans or programs submitted are insufficient to ensure compliance with goals and compatibility with acknowledged comprehensive plans and land use regulations.
(6) Within 90 days of receipt of notification specified in subsection (5) of this section, the state agency may revise the state agency rules, plans or programs and resubmit them to the director.
(7) The director shall make findings under subsections (5) and (6) of this section as to whether the state agency rules, plans or programs are sufficient to ensure compliance with the goals and compatibility with acknowledged city and county comprehensive plans and land use regulations and shall forward the rules and summaries of state agency plans or programs to the commission for its action. The commission shall either certify the state agency rules, plans or programs as compliant with the goals and compatible with the acknowledged comprehensive plans and land use regulations of affected local governments or shall determine the same to be insufficient.
(8) The department shall report, to the appropriate committee of the House and the Senate and to the subcommittee of the Joint Ways and Means Committee that considers the state agency budget, any agency that has failed to meet the requirements of subsection (7) of this section.
(9) Any state agency that has failed to meet the requirements of subsection (7) of this section shall report the reasons therefor to the appropriate committee of the House and the Senate and to the subcommittee of the Joint Ways and Means Committee that considers the agency budget.
(10) Until rules and state agency plans and programs are certified as compliant with the goals and compatible with the acknowledged comprehensive plans and land use regulations of affected local governments, the state agency shall make findings when adopting or amending its rules and state agency plans and programs as to the applicability and application of the goals or acknowledged comprehensive plans, as appropriate.
(11) The commission shall adopt rules establishing procedures to ensure that state agency permits affecting land use are issued in compliance with the goals and compatible with acknowledged comprehensive plans and land use regulations, as required by subsection (1) of this section. The rules must prescribe the circumstances in which state agencies may rely upon a determination of compliance with the goals or compatibility with the acknowledged comprehensive plan.
(12) A state agency required to have a land use coordination program shall participate in a local government land use hearing, except a hearing under ORS 197.610 (Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development) to 197.625 (Acknowledgment of comprehensive plan or land use regulation changes), only in a manner that is consistent with the coordination program, unless the agency participated in the local governments periodic review pursuant to ORS 197.633 (Two phases of periodic review) and raised the issue that is the basis for participation in the land use hearing.
(13) State agency rules, plans or programs affecting land use are not compatible with an acknowledged comprehensive plan if the state agency takes or approves an action that is not allowed under the acknowledged comprehensive plan. However, a state agency may apply statutes and rules to deny, condition or further restrict an action of the state agency or of any applicant before the state agency if the state agency applies those statutes and rules to the uses planned for in the acknowledged comprehensive plan.
(14) In cooperation with local governments and state agencies whose rules, plans or programs affect land use, the department periodically shall:
(a) Identify aspects of coordination related to uses that require the issuance of multiple permits from state agencies and local governments.
(b) Update and improve rules regulating the effectiveness and efficiency of state agency coordination programs.
(15) This section does not apply to rules, plans, programs, decisions, determinations or activities carried out under ORS 527.610 (Short title) to 527.770 (Good faith compliance with best management practices not violation of water quality standards), 527.990 (Criminal penalties) (1) and 527.992 (Civil penalties). [1973 c.80 §21; 1977 c.664 §13; 1981 c.748 §16; 1983 c.827 §4; 1987 c.555 §1; 1987 c.919 §3; 1989 c.761 §19; 1991 c.612 §9; 1995 c.595 §30; 1999 c.622 §8; 2009 c.606 §3]