OAR 629-020-0050: Dispute Resolution

It is the intent of the Department to achieve compatibility between Department land use programs and acknowledged comprehensive plans and land use regulations whenever possible. However, a situation may occur where the Department believes its statutory mandates, including but not limited to ORS Chapter 530 (Acquisition and Management of State Forests), may prevent the Department from meeting its land use compatibility responsibility under 197.180. The Department shall attempt to resolve all disputes regarding land use issues, including conflicting statutory obligations, by direct contact with the affected cities and counties. However, if no agreement can be reached, the following procedures will be followed to resolve land use disputes concerning approval of a Department program or action: (1) Hold direct discussions with the affected local government(s), DLCD, and any other appropriate or affected persons or agencies in accordance with applicable informal dispute resolution procedures. (2) If the Department’s statutory obligation remains in conflict after exhausting the appropriate procedures under section (1) of this rule, and the Department determines that it must act, the Board of Forestry (or its designated representative) shall adopt findings in writing explaining why it cannot act compatibly with applicable city or county comprehensive plans and land use regulations and then, adopt goal findings to assure compliance with the statewide goals in accord with OAR 660-030-0065(3). (3) The Department shall provide a copy of the findings referenced in section (2) of this rule to applicable city or county governments and upon request, to other interested persons explaining the rationale for its decision. (4) If the dispute is not resolved through sections (1)–(3) of this rule, the Department may request informal mediation or a compatibility determination from the LCDC in accordance with OAR 660-030-0070.