2013 ORS § 421.645¹
Issuing permits necessary for construction and operation of facility
  • rules

(1) Notwithstanding ORS 195.025 (Regional coordination of planning activities), 197.175 (Cities and counties planning responsibilities), 197.180 (State agency planning responsibilities), 215.130 (Application of ordinances and comprehensive plan) (4), 227.286 (City ordinances applicable to public property), 455.148 (Comprehensive municipal building inspection programs) or 455.150 (Selective municipal building inspection programs) or any other provision of law, including but not limited to statutes, ordinances, regulations and charter provisions, the Director of the Department of Consumer and Business Services, through the Building Codes Division, shall exercise authority for the issuance of all permits required under the state building code for the construction and operation of the womens correctional facility and intake center complex approved under ORS 421.643 (Notice to Governor regarding proposed site).

(2) All other state agencies, including but not limited to the Department of Environmental Quality, shall issue such permits within the authority of the agency as may be necessary for the construction and operation of the complex.

(3) Within the authority of the city, county or political subdivision, each city, county and political subdivision shall issue the appropriate permits, licenses and certificates not issued under subsections (1) and (2) of this section, including all necessary construction permits over public rights of way, and enter into any intergovernmental agreements as may be necessary for the construction and operation of the complex.

(4) A state agency or local government that issues a permit, license or certificate under subsections (1) to (7) of this section shall continue to exercise enforcement authority over the permit, license or certificate.

(5) Except as provided in ORS 421.649 (Provision of public services), nothing in ORS 421.635 (Definitions for ORS 421.635 to 421.657) to 421.657 (Condemnation of property) expands or otherwise alters the obligations of a city, county or political subdivision to pay for infrastructure improvements for the complex.

(6)(a) State agencies and local governments shall issue any permit, license or certificate required under subsections (1) to (3) of this section within 60 days of receiving a completed application for the permit, license or certificate from the Department of Corrections or a person acting on behalf of the department. A state agency or local government may impose reasonable conditions on any permit, license or certificate but may not deny the permit, license or certificate unless denial is required under federal law.

(b) If a permit, license or certificate required under subsections (1) to (7) of this section is not issued within 60 days of receiving a completed application, the Department of Corrections may file a petition for a writ of mandamus in the circuit court for the jurisdiction of the affected local government to compel issuance of the permit, license or certificate. The writ shall issue unless the local government can demonstrate by clear and convincing evidence that issuing the permit, license or certificate would violate a substantive provision of the state building code, exceed the local governments statutory authority or violate federal law.

(c) Proceedings on a petition for a writ of mandamus under this subsection shall comply with the applicable provisions of ORS chapter 34.

(7) The issuance of any permit, license or certificate under subsections (1) to (7) of this section and any construction or development undertaken pursuant to such permit, license or certificate shall not be considered in support of or in opposition to an application for a land use decision under ORS chapter 197, 215 or 227.

(8) In accordance with the applicable provisions of ORS chapter 183 and notwithstanding ORS 455.035 (Effective date of rules), the Director of the Department of Consumer and Business Services shall adopt such rules as the director determines necessary to implement the provisions of subsections (1) to (7) of this section. [1999 c.982 §§7,8(1); 2001 c.573 §4]