OAR 629-020-0060: Compliance and Compatibility of New or Amended Land Use Programs

The Department will use the following procedures to assure that new or amended agency rules and programs affecting land use will comply with the statewide goals and be compatible with acknowledged comprehensive plans and land use regulations: (1) The Department shall submit notice of any amendment to any Department program affecting land use or any new Department rule or program, except for amendments or new rules and programs related to the Oregon Forest Practices Act (which is expressly exempt from these requirements), to the Department of Land Conservation and Development as required by OAR 660-030-0075. (2) Such notice shall be provided to DLCD in writing not less than 45 days before adoption of any amendment to a program affecting land use or adoption of any new rule or program. (3) The notice provided to DLCD shall demonstrate that the proposed new adoption or amendment: (a) Does not affect land use and therefore is not a land use program; or (b) Affects land use and that goal compliance and comprehensive plan compatibility can be assured through the existing SAC Program procedures; or (c) Affects land use and procedures in the certified SAC Program are not adequate to ensure compatibility and compliance. In this case, the notice shall include an explanation of how compliance and compatibility will be achieved in accordance with the applicable provisions of OAR 660-030-0075.