Commission acknowledgment of comprehensive plans not in compliance with goals
- • participation by state agencies
- • commission review of implementing regulations and plan amendments
- • use of resource lands
(1) Upon invitation by the local governments in a region, the Land Conservation and Development Commission and other state agencies may participate with the local governments in a collaborative regional problem-solving process.
(2) Following the procedures set forth in this subsection, the commission may acknowledge amendments to comprehensive plans and land use regulations, or new land use regulations, that do not fully comply with the rules of the commission that implement the statewide planning goals, without taking an exception, upon a determination that:
(a) The amendments or new provisions are based upon agreements reached by all local participants, the commission and other participating state agencies, in the collaborative regional problem-solving process;
(b) The regional problem-solving process has included agreement among the participants on:
(A) Regional goals for resolution of each regional problem that is the subject of the process;
(B) Optional techniques to achieve the goals for each regional problem that is the subject of the process;
(C) Measurable indicators of performance toward achievement of the goals for each regional problem that is the subject of the process;
(D) A system of incentives and disincentives to encourage successful implementation of the techniques chosen by the participants to achieve the goals;
(E) A system for monitoring progress toward achievement of the goals; and
(F) A process for correction of the techniques if monitoring indicates that the techniques are not achieving the goals; and
(c) The agreement reached by regional problem-solving process participants and the implementing plan amendments and land use regulations conform, on the whole, with the purposes of the statewide planning goals.
(3) A local government that amends an acknowledged comprehensive plan or land use regulation or adopts a new land use regulation in order to implement an agreement reached in a regional problem-solving process shall submit the amendment or new regulation to the commission in the manner set forth in ORS 197.628 (Periodic review) to 197.650 (Appeal to Court of Appeals) for periodic review or set forth in ORS 197.251 (Compliance acknowledgment) for acknowledgment.
(4) The commission shall have exclusive jurisdiction for review of amendments or new regulations described in subsection (3) of this section. A participant or stakeholder in the collaborative regional problem-solving process shall not raise an issue before the commission on review that was not raised at the local level.
(5) If the commission denies an amendment or new regulation submitted pursuant to subsection (3) of this section, the commission shall issue a written statement describing the reasons for the denial and suggesting alternative methods for accomplishing the goals on a timely basis.
(6) If, in order to resolve regional land use problems, the participants in a collaborative regional problem-solving process decide to devote agricultural land or forestland, as defined in the statewide planning goals, to uses not authorized by those goals, the participants shall choose land that is not part of the region’s commercial agricultural or forestland base, or take an exception to those goals pursuant to ORS 197.732 (Goal exceptions). To identify land that is not part of the region’s commercial agricultural or forestland base, the participants shall consider the recommendation of a committee of persons appointed by the affected county, with expertise in appropriate fields, including but not limited to farmers, ranchers, foresters and soils scientists and representatives of the State Department of Agriculture, the State Department of Forestry and the Department of Land Conservation and Development.
(7) The Governor shall require all appropriate state agencies to participate in the collaborative regional problem-solving process. [1996 c.6 §5; 2001 c.672 §11]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.