OAR 125-110-0001: Land Use Program Coordination Rules

(1) This division is applicable to the approval of projects under the following Department programs. These programs are: (a) Capital Construction and Improvement Program; (b) State Office Facility Leasing Program; (c) Surplus Public Service Land Management Program; (d) Conservation of Department-Owned Historic Real Property Program; and (e) Any other Department program subsequently determined to affect land use pursuant to OAR 660-030. (2) In order to approve or undertake a project under a program listed in subsections (1)(a)–(e) of this rule, the Department shall find that the project complies with the Statewide Planning Goals and is compatible with acknowledged city and county comprehensive plans and land use regulations. To make its goal compliance and plan compatibility findings, the Department shall comply with sections (2)–(6) of this rule and shall also adhere to the procedures in the Department’s state agency coordination program which is hereby adopted by reference. (3) The Department shall satisfy its goal compliance and plan compatibility findings for a project approved under the Capital Construction Program in the Salem metropolitan area and subject to the jurisdiction of the Capitol Planning Commission (CPC) by adhering to the CPC’s land use coordination rules in OAR 110, division 10, and the procedures contained in the CPC’s certified State Agency Coordination Program. (4) The Department shall make its goal compliance and plan compatibility findings for each project approved under the State Office Facility Leasing Program based on information provided to the Department by the project’s lessor or developer. (5) A Lessor or developer seeking approval of a project under the State Office Facility Leasing Program shall provide the Department information documenting the project’s compliance with the statewide planning goals and compatibility with applicable acknowledged comprehensive plans and land use regulations. Such documentation shall include one or more of the following: (a) A copy of the local land use permit, building permit or occupancy permit from the city or county planning agency, building department or governing body that the project has received the jurisdiction’s approval; or (b) A copy of a letter from the local planning agency, building department or governing body stating that the project in question is permitted under the jurisdiction’s comprehensive plan, land use regulations and development codes, but does not require specific approval by the jurisdiction; or (c) A copy of the lessor’s covenant in the project’s lease agreement that attests to the fact that the proposed use of the leased premises as a state office facility complies with all applicable federal, state and local statues, regulations, ordinances and codes, including the acknowledged comprehensive plan and land use regulations of the city or county in which the leased facility is located; or (d) Other information and documentation provided to the Department equivalent to subsection (5)(a), (b) or (c) of this rule including, but not limited to, written testimony presented to the Department from an authorized representative from the affected city or county. (6) The Department shall make goal compliance and plan compatibility findings for each project approved under the Surplus Public Service Land Management Program and the Conservation of Department-Owned Historic Real Property Program. Such findings shall be based on information and documentation from one or more of the following: (a) A copy of the local land use permit from the city or county planning agency or the local governing body that the project has received land use approval; or (b) A copy of a letter from the local planning agency or governing body stating that the project in question is permitted under the jurisdiction’s comprehensive plan and land use regulations, but does not require specific approval by the jurisdiction; (c) Other information and documentation provided to the Department equivalent to subsection (6)(a) or (b) of this rule, including, but not limited to, written testimony presented to the Department from an authorized representative from the affected city or county.