OAR 660-011-0045: Adoption and Amendment Procedures for Public Facility Plans

(1) The governing body of the city or county responsible for development of the public facility plan shall adopt the plan as a supporting document to the jurisdiction’s comprehensive plan and shall also adopt as part of the comprehensive plan: (a) The list of public facility project titles, excluding (if the jurisdiction so chooses) the descriptions or specifications of those projects; (b) A map or written description of the public facility projects’ locations or service areas as specified in sections (2) and (3) of this rule; and (c) The policy(ies) or urban growth management agreement designating the provider of each public facility system. If there is more than one provider with the authority to provide the system within the area covered by the public facility plan, then the provider of each project shall be designated. (2) Certain public facility project descriptions, location or service area designations will necessarily change as a result of subsequent design studies, capital improvement programs, environmental impact studies, and changes in potential sources of funding. It is not the intent of this division to: (a) Either prohibit projects not included in the public facility plans for which unanticipated funding has been obtained; (b) Preclude project specification and location decisions made according to the National Environmental Policy Act; or (c) Subject administrative and technical changes to the facility plan to ORS 197.610(1) and (2) or 197.835(4). (3) The public facility plan may allow for the following modifications to projects without amendment to the public facility plan: (a) Administrative changes are those modifications to a public facility project which are minor in nature and do not significantly impact the project’s general description, location, sizing, capacity, or other general characteristic of the project; (b) Technical and environmental changes are those modifications to a public facility project which are made pursuant to “final engineering” on a project or those that result from the findings of an Environmental Assessment or Environmental Impact Statement conducted under regulations implementing the procedural provisions of the National Environmental Policy Act of 1969 (40 CFR Parts 1500–1508) or any federal or State of Oregon agency project development regulations consistent with that Act and its regulations. (c) Public facility project changes made pursuant to subsection (3)(b) of this rule are subject to the administrative procedures and review and appeal provisions of the regulations controlling the study (40 CFR Parts 1500–1508 or similar regulations) and are not subject to the administrative procedures or review or appeal provisions of ORS Chapter 197, or OAR chapter 660 division 18. (4) Land use amendments are those modifications or amendments to the list, location or provider of, public facility projects, which significantly impact a public facility project identified in the comprehensive plan and which do not qualify under subsection (3)(a) or (b) of this rule. Amendments made pursuant to this subsection are subject to the administrative procedures and review and appeal provisions accorded “land use decisions” in ORS Chapter 197 and those set forth in OAR chapter 660 division 18.