OAR 340-018-0050: Compatibility with Acknowledged Comprehensive Plans

(1) Commission or Department actions under OAR 340-018-0030 shall be compatible with local government acknowledged comprehensive plans to the extent required by law. (2) The Department shall rely on the compatibility procedures described in Section III, subsection (3), and Section IV, subsections (2), (3), and (4) of the SAC Program document to assure compatibility with an acknowledged comprehensive plan, which include but may not be limited to the procedures described below: (a) An applicant’s submittal of a LUCS which provides the affected local government’s determination of compatibility: (A) A LUCS shall be submitted with a Department application or required submittal information; (B) The Department shall rely on an affirmative LUCS as a determination of compatibility with the acknowledged comprehensive plan unless otherwise obligated by statute; (C) If the Department concludes a local government LUCS review and determination may not be legally sufficient, the Department may deny the permit application and provide notice to the applicant. In the alternative, when the applicant and local government express a willingness to reconsider the land use determination, the Department may hold the permit application in abeyance until the reconsideration is made; (D) If the Department receives a LUCS which states that the proposed action is incompatible with the acknowledged comprehensive plan, the Department shall notify the applicant that the application cannot be processed; (E) A local government may withdraw or modify its compatibility determination any time prior to the issuance of a permit; (F) If more than one local government has jurisdiction related to a Department action, a LUCS review will be required from each affected local government; (G) If a local government land use compatibility determination or underlying land use decision is appealed subsequent to the Department’s receipt of the LUCS, the Department shall continue to process the action unless ordered otherwise by LUBA or a court of law stays or invalidates a local action; (H) If a LUCS is successfully appealed after the Department has issued a permit, the Department may either proceed to revoke or suspend the permit or may decide to wait until the land use appeals process is exhausted. (b) An applicant’s submittal of a LUCS is required for the renewal or modification of the permits identified in OAR 340-018-0030 if the Department determines the permit involves a substantial modification or intensification of the permitted activity: (A) Renewal permits require a LUCS if a permit renewal involves a modification that requires a LUCS under paragraph (B) of this subsection; (B) Modification permits require a LUCS if: (i) The permitted source or activity relates to the use of additional property or a physical expansion on the existing property. The LUCS applies to physical changes on the property not to existing permit conditions; (ii) The permitted source or activity involves a significant increase in discharge to state waters or into the ground; (iii) The permitted source or activity involves the relocation of an outfall outside of the source property; (iv) For a major modification of an air contaminant discharge permit which means any physical change or change of operation of a source that results in a net significant emission rate increase as defined in OAR 340-020-0225(25). (c) An applicant’s submittal of evidence that a Department action has been reviewed by the affected local government and determined compatible with the local comprehensive plan; (d) The Department provides notice to local government prior to initiating land use planning actions of statewide application, or notice to affected local governments prior to initiating an action of site-specific or area-wide application. Dispute resolution procedures pursuant to OAR 340-018-0060 are applied when the Department and local government disagree on plan compatibility; (e) The Department provides notice to the affected local government of a Department land use action, which may include a request for local government action to assure local plan compatibility with the Department’s action.