OAR 660-012-0140: Transportation System Planning in the Portland Metropolitan Area

(1) This rule applies to cities and counties in the Portland Metropolitan Area, and Metro. In the Portland Metropolitan Area, cities and counties shall develop and adopt local transportation system plans as provided in OAR 660-012-0100. Metro shall develop and adopt a regional transportation system plan as provided in this rule. (2) Cities and counties shall amend comprehensive plans, land use regulations, and transportation system plans to be consistent with Metro’s regional transportation system plan. Consistent means city and county comprehensive plans and implementing ordinances conform with the policies and projects in the regional transportation system plan. If Metro finds a local transportation system plan is consistent with the Regional Transportation Functional Plan, the transportation system plan shall be deemed consistent with the regional transportation system plan. (3) Metro shall prepare, adopt, amend, and update a regional transportation system plan in coordination the with regional transportation plan required by federal law. Insofar as possible, the regional transportation system plan shall be accomplished through a single coordinated process that complies with the applicable requirements of federal law and this division. (a) When Metro adopts or amends the regional transportation plan to comply with this division as provided in this section, Metro shall review the adopted plan or amendment and either: (A) Adopt findings that the proposed regional transportation plan amendment or update is consistent with the applicable provisions of adopted regional transportation system plan and compliant with applicable provisions of this division; or (B) Adopt amendments to the regional transportation system plan that make the regional transportation plan consistent and compliant with applicable provisions of this division. Necessary plan amendments or updates shall be prepared and adopted in coordination with the federally-required plan update or amendment. Such amendments shall be initiated no later than 30 days from the adoption of the regional transportation plan amendment or update and shall be adopted no later than one year from the adoption of the regional transportation plan amendment or update or according to a work program approved by the commission. A plan amendment is initiated for purposes of this subsection where the affected local government files a post-acknowledgement plan amendment notice with the department as provided in OAR 660-018-0020. (b) Adoption or amendment of the regional transportation plan relates to compliance with this division for purposes of this section if it does one or more of the following: (A) Changes plan policies; (B) Adds or deletes a project from the list of planned transportation facilities, services, or improvements or from the financially-constrained project list required by federal law; (C) Modifies the general location of a planned transportation facility or improvement; (D) Changes the functional classification of a transportation facility; or (E) Changes the planning period or adopts or modifies the population or employment forecast or allocation upon which the plan is based. (c) The following amendments to the regional transportation plan do not relate to compliance with this division for purposes of this section: (A) Adoption of an air quality conformity determination; (B) Changes to a federal revenue projection; (C) Changes to estimated cost of a planned transportation project; or (D) Deletion of a project from the list of planned projects where the project has been constructed or completed. (4) Notwithstanding any requirement in this division, Metro may adopt provisions into a regional functional plan that require cities and counties to meet an additional requirement for transportation system planning where Metro finds that the additional requirement is necessary to meet regional planning objectives and supports the purposes of this division. (5) Notwithstanding requirements for transportation system plans provided in OAR 660-012-0100 through OAR 660-012-0110: (a) Metro shall work cooperatively with cities and counties to determine responsibility for planning areas in the urbanizable area. Where a county has responsibility for a planning area, the county must meet the requirements as provided for counties in OAR 660-012-0110; (b) Counties planning for unincorporated areas within the urban growth boundary shall meet all applicable requirements based on the population of the planning area; (c) Counties and cities need not have the same planning horizon year; and (d) Cities or counties may set the horizon year of a local transportation system plan to match the horizon year of the adopted regional transportation plan. (6) Notwithstanding requirements for transportation system inventories as provided in OAR 660-012-0150, Metro shall prescribe inventory requirements in transportation system plans for cities and counties in a regional functional plan. (7) Metro may propose alternative requirements in lieu of requirements provided in this division. (a) The director shall review proposed alternative requirements to make a recommendation to the commission as to whether the proposed alternative requirements would meet the objectives of the original requirements and support the purposes of this division. (b) The commission shall hold a hearing to review the proposed alternative requirements and the director’s recommendation. If the commission finds that the proposed alternative requirements meet the objectives of the original requirements and support the purposes of this division, then the commission shall issue an order approving the proposed alternative requirements; otherwise, the commission shall remand the proposed alternative requirements to Metro with specific directions for changes needed to meet the objectives of the original requirement and support the purposes of this division. (c) Upon approval by the commission, Metro may adopt the proposed alternative requirements into a regional functional plan. Upon adoption by Metro, cities and counties that comply with the alternative requirements of the regional functional plan are no longer required to meet the specific requirements of this division as described in the commission order.