OAR 603-080-0005: Land Use Coordination

(1) This division is applicable to the approval of actions and projects described below under the following department programs. These are: (a) Approval of lease applications for plats for commercial cultivation of oysters on state lands in coastal estuaries pursuant to ORS Chapter 622. (b) Approval of conservation planning and implementation grants to local Soil and Water Conservation Districts pursuant to ORS Chapter 568. (c) Review of soils reports pursuant to ORS 215.710(5) and OAR 603 division 80. (d) Approval of any other action(s) under a department program subsequently determined to affect land use pursuant to OAR 660 division 30. (2) In order to approve an action or project under a program listed in OAR 603-080-0005(1)(a)–(d), the department shall find that it 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 OAR 603-080-0005(2)–(4) and shall also adhere to the procedures in the department’s state agency coordination program which is hereby adopted by reference. (3) Except where the department is required to address directly the Statewide Planning Goals under section (4) of this rule, the department shall make its goal compliance findings based on the land use compatibility information provided to the department by the affected city or county or project applicant. Such documentation shall be submitted to the department in a manner established by the department and in accordance with applicable procedures set forth in the department’s state agency coordination program. (4) The department shall adopt findings demonstrating compliance with the Statewide Planning Goals if a situation ever arises where the department must approve a project action but is unable to rely upon or is not provided with the appropriate land use compatibility information by the affected city or county or project applicant. In this instance, the department shall comply with OAR 660-030-0065 and the applicable procedures in the department’s state agency coordination program to make the necessary goal compliance findings.